Loading...
HomeMy WebLinkAboutCity Council - 01/21/2014 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JANUARY 21, 2014 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. COMMISSION WORK PLANS Open Podium - Council Chamber II. OPEN PODIUM A. STEVE MARX—VENDING CONTRACT III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 21, 2014 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 A. DR. MARTIN LUTHER KING,JR., PROCLAMATION B. EDEN PRAIRIE LIONESS DONATION FOR SENIOR CENTER (Resolution) C. EDEN PRAIRIE LIONESS DONATION FOR SAFETY CAMP (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 7, 2014 B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 7, 2014 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE SOUTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS C. ADOPT RESOLUTION AUTHORIZING EXECUTION OF LIMITED USE PERMIT FOR TRAIL PURPOSES WITH MNDOT CITY COUNCIL AGENDA January 21, 2014 Page 2 D. AWARD THE CONTRACT FOR VENDING MACHINE SERVICE IN CITY OWNED BUILDINGS TO GAGAUZ VENDING CORPORATION IX. PUBLIC HEARINGS/MEETINGS A. BLUFFS WEST 13TH ADDITION by Lake West Development, LLC. Request for: Preliminary Plat of 1.33 acres into 4 lots. Location: 11480 Riverview Road (Resolution for Preliminary Plat) B. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTION 11.06, RELATING TO SCREENING OF GROUND BASED TELECOMMUNICATIONS EQUIPMENT IN PUBLIC RIGHT-OF-WAY C. FIRST AND SECOND READINGS OF AN ORDINANCE AMENDING THE FAIRWAY WOODS II CONDOMINIUM ASSOCIATION HOUSING IMPROVEMENT AREA ORDINANCE AND RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 9 RELATING TO THE KEEPING OF HONEY BEES AND RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE 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 H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ITEM NO.: IV.A. PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the City of Eden Prairie's City Council and Human Rights & Diversity Commission sponsors the Human Rights Award program, recognizing those who work to create an inclusive community spirit through their actions, activities, and programs; and WHEREAS, the City of Eden Prairie recognizes that Dr. Martin Luther King, Jr., had a dream and dedicated his life to helping freedom exist for all people through his commitment to human rights and his non- violent philosophy; and WHEREAS, the City of Eden Prairie reaffirms its commitment to fostering diversity in our community through the Eden Prairie Manifesto. NOW, THEREFORE, be it resolved, that the City of Eden Prairie hereby proclaims 2014 as a year to celebrate human rights and diversity, and asks all residents to continue their commitment and concern for equal rights for all persons, to dedicate themselves to helping those who do not yet share in that freedom, and to join the City of Eden Prairie in recognizing and celebrating Dr. Martin Luther King, Jr.'s dream. *,,ge...‘___ Nanc ra-Lukens, Mayor Y Y City of Eden Prairie CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations January 21, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B. Jay Lotthammer, Director, Eden Prairie Lioness Donation to the Senior Parks and Recreation Center Requested Action Move to: Adopt the resolution accepting the donation in the amount of$500 from the Eden Prairie Lioness to be used toward the purchase of an IPod device and Camera for the Senior Center. Synopsis The City of Eden Prairie recently received a check in the amount of$500 on behalf of the Eden Prairie Lioness to be used towards the purchase of an IPod device to be used to play music at special events and a Camera for the Senior Center. Background Information The Eden Prairie Senior Center provides recreational and social opportunities for senior citizens and adults of all ages. The building is open Monday through Friday from 8:30 a.m. to 4 p.m. Programs and trips are offered to enhance the visibility of older adults and promote their participation in all aspects of community life. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2014- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$500 to be used for purchase of an IPod devise and a new camera at the Senior Center from Eden Prairie Lioness is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 21st day of January, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations January 21, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C. Jay Lotthammer, Director, Eden Prairie Lioness Donation for Safety Parks and Recreation Camp Requested Action Move to: Adopt the resolution accepting the $750 donation from the Eden Prairie Lioness for the annual Safety Camp. Synopsis The City of Eden Prairie offers several youth camps each year, including Safety Camp. Monetary donations provide a quality safety educational opportunity for youth entering 3rd grade. In addition, the contributions offset the overall camp costs and allow us to keep the registration fees affordable. Background The City of Eden Prairie through the collaborative efforts of the Parks and Recreation Department, Police and Fire Depaitiuents has been providing safety education in a recreational camp setting for the past 24 years. Safety topics include fire, water, bike, pedestrian,poison, bully awareness and more. A graduation ceremony is held on the final night where campers receive a participation certificate and medal. The City of Eden Prairie collaborates and partners with various local agencies to insure the ongoing success of the Eden Prairie Safety Camp, including Climb Theater, HCMC; Hennepin County Medical Center, Xcel Energy, Minnesota Fire Marshall and Fox 9 News. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2014- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$750 to be used for the Safety Camp program from the Eden Prairie Lioness is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 21st day of January, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JANUARY 7, 2014 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop-Heritage Room II Council Member Nelson was absent. I. APPOINTMENTS, 2014 SCHEDULE City Manager Rick Getschow reviewed proposed council meeting,workshop and commission recruitment schedules with the City Council. Getschow said he had plugged in some workshop topics based on discussions with City Council Members and staff, and asked the Council Members for other topics they would like added. Getschow said that Council Member Nelson had mentioned that she wants an update on the City's green and sustainable initiatives. He also said the Human Rights & Diversity Commission has requested to hold another Town Hall Meeting focused on the international community. Council Member Case noted he serves on the Fire Relief Association Board, and that group has been looking at possible changes to pension options. He said it might be a good idea for the City Council to have a joint meeting with Fire Relief Association Board. Chief Esbensen said the Fire Relief Association is interested in presenting an update to the City Council, which they have not done since 2010. Mayor Tyra-Lukens noted that a Town Hall Meeting for the business community is on the list of special meetings. She suggested holding that meeting at the new United Health Group site. Community Development Director Janet Jeremiah said the City and Chamber of Commerce will be conducting their semi-annual business survey this year, and the Business Town Hall Meeting might be a good venue to present the results. Case suggested reaching out to the international community to find a time that works well for them for the Town Hall Meeting. He said it is possible a Saturday morning or Sunday afternoon would draw more participants. Council Member Aho said it will be important for the City Council to be updated on the aquatic expansion project. He said that could be done either at Council Meetings or in a City Council Workshop Minutes January 7, 2014 Page 2 Workshop. He specifically requested that the Council have the opportunity to review design plans and proposals before they go out to bid. Mayor Tyra-Lukens said it has been a long time since the City Council reviewed its vision for the City relating to design standards. Council Member Case said some of those types of discussions have taken place as part of other projects, but it has been disjointed. He said perhaps an overall branding discussion would be useful. Public Works Director Robert Ellis updated the Council on the schedule for painting water towers and the Westgate power line upgrade. Open Podium - Council Chamber II. OPEN PODIUM A. DON BUGBEE—GREEN NEIGHBORHOOD Don Bugbee, a resident of Thatcher Road, near the proposed Green Neighborhood project presented a list of resident concerns signed by a number of property owners. He said the neighborhood's concerns fall into three main categories: noise, traffic and density. Phillip Allmon said he also lives on Thatcher Road. He said he is concerned about the proposed development from a sociological point of view. City Manager Rick Getschow noted that Community Development Director Janet Jeremiah will be providing an update on the proposed project during the regular Council meeting. III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JANUARY 7, 2014 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. LIONS CLUB DONATION (Resolution No. 2014-01) Lotthammer said the City received$340 from the Eden Prairie Lions Club to be used towards the purchase of microscopes for the Staring Lake Outdoor Center. MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution No. 2014-01 accepting the donation in the amount of$340 from the Eden Prairie Lions Club to be used toward the purchase of microscopes for the Staring Lake Outdoor Center. Motion carried 5-0. B. STATE FARM DONATION ON BEHALF OF GORDON WILLIAMS (Resolution No. 2014-02) Lotthammer said Gordon Williams serves on the Senior Center Advisory Council and is also an active Senior Center volunteer. Mr. Williams submitted his volunteer hours to his former employer, State Farm Companies, in an amount that qualified his volunteer service hours for a donation of$500 to be used towards the annual Senior Center volunteer recognition event in April, 2014. Tyra-Lukens noted in the past we have received similar donations from State Farm on Mr. Williams'behalf CITY COUNCIL MINUTES January 7,2014 Page 2 MOTION: Case moved, seconded by Nelson, to adopt Resolution 2014-02 accepting the donation in the amount of$500 from State Farm Companies Foundation on behalf of Gordon Williams for his volunteer service at the Eden Prairie Senior Center to be used toward the 2014 Senior Center volunteer recognition event. Motion carried 5-0. C. HENNEPIN COUNTY COMMISSIONER JAN CALLISON Hennepin County Commissioner Jan Callison said she visits each of the cities in her district once a year to give an update. She reviewed the Hennepin County budget for 2014, noting that spending was down slightly while the property tax levy was up slightly. She said many of the County libraries, including Eden Prairie, have increased hours for 2014. The former Social Service Center in Eden Prairie will be converted to a Social Service satellite and will be open three days a week by appointment. She thanked the Mayor and staff for their work on the Southwest LRT. She noted the primary concerns she hears from her constituents continue to be roads and transportation. Tyra-Lukens asked if salaries at the Hennepin County Health Center were included in the salary adjustment figures. Ms Callison said HCMC is a subsidiary of the County so they are a separate group and their salary costs are not included in the budget review she gave tonight. Case asked about the district parameters for Ms Callison and for Randy Johnson. Ms Callison said her district includes the northern one-third of Eden Prairie, essentially the area north of Valley View. She has 16 cities included in her district. Case noted the seven Hennepin County Commissioners have a tremendous responsibility with a budget of$1,800,000,000. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said there is an additional item on goldenrod paper, Item XV.C.1., Green Neighborhood Update. There is an update to the draft ordinance for Item XII.A. on goldenrod paper. In addition Item VIII.M. should be moved from the Consent Calendar to Item IX.B.under Other Business. MOTION: Aho moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 3, 2013 MOTION: Case moved, seconded by Butcher Wickstrom, to approve the minutes of the Council workshop held Tuesday, December 3, 2013, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,DECEMBER 3, 2013 CITY COUNCIL MINUTES January 7,2014 Page 3 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, December 3, 2013, as published. Motion carried 5- 0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE AGREEMENT WITH MATT'S AUTO SERVICE FOR TOWING SERVICES FOR 2014 C. ADOPT RESOLUTION NO. 2014-03 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS D. ADOPT RESOLUTION NO. 2014-04 DESIGNATING DEPOSITORIES E. ADOPT RESOLUTION NO. 2014-05 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS F. ADOPT RESOLUTION NO. 2014-06 AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS G. ADOPT RESOLUTION NO. 2014-07 AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE H. ADOPT RESOLUTION NO. 2014-08 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL I. ADOPT RESOLUTION NO. 2014-09 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2014 J. ADOPT RESOLUTION NO. 2014-10 SUPPORTING THE MOVEMN TRANSPORTATION CAMPAIGN K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR CONSTRUCTION SERVICES FOR OLYMPIC HILLS GOLF COURSE STORMWATER POND SEDIMENT REMOVAL PROJECT L. AWARD CONTRACT TO BLACKSTONE CONTRACTORS FOR THE POND 22-13-B POND UPGRADE PROJECT M. ADOPT RESOLUTION APPROVING CONSTRUCTION COOPERATIVE AGREEMENT NO. PW 29-49-13 WITH HENNEPIN COUNTY FOR THE CITY COUNCIL MINUTES January 7,2014 Page 4 SOUTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS N. AWARD CONTRACT TO MODIFY THE EXISTING WATER TREATMENT PLANT GENERATOR TO COMPLY WITH EPA RICE NESHAP O. APPROVE CONSTRUCTION CONTRACT WITH E.H. RENNER& SONS, INC. TO SERVICE AND UPGRADE MUNICIPAL WELLS NO. 5 AND 12 P. APPROVE CONTRACT WITH SPRINGSTED INCORPORATED FOR POST COMPLIANCE ISSUANCE SERVICES Q. APPROVE CONTRACT WITH ARVIG ENTERPRISES FOR PHASE 3 CONSTRUCTION TO EXPAND THE FIBER OPTIC NETWORK TO FIRE STATION 4,EMERGENCY OPERATIONS CENTER R. APPROVE LEASE AGREEMENT WITH ARVIG FOR LEASED FIBER CONNECTIONS MOTION: Case moved, seconded by Aho, to approve Items A-L and N-R of the Consent Calendar. Motion carried 5-0. IX. OTHER BUSINESS A. APPROVE MAINTENANCE AGREEMENT WITH UNITED HEALTHCARE SERVICES,INC. RELATING TO SHADY OAK ROAD IMPROVEMENTS Getschow said United HealthCare Services, Inc. has agreed to maintaining landscaping and irrigation that they installed along and within the medians on City West Parkway and landscaping in the boulevard areas of W 62nd Street, Shady Oak Road, and City West Parkway. Case noted he will abstain from discussion and voting for both Items A and B. MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the Maintenance Agreement with United HealthCare Services, Inc. as it relates to the Shady Oak Road Improvements. Motion carried 4-0-1,with Case abstaining. B. ADOPT RESOLUTION NO. 2014-11 APPROVING CONSTRUCTION COOPERATIVE AGREEMENT NO. PW 29-49-13 WITH HENNEPIN COUNTY FOR THE SOUTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS Getschow said this item concerns our agreement with the County regarding the next upgrade of Shady Oak Road. MOTION: Nelson moved, seconded by Butcher Wickstrom,to adopt Resolution 2014- 11 approving construction cooperative agreement No. PW 29-49-13 with Hennepin County for the southern segment of the Shady Oak Road improvements. Motion CITY COUNCIL MINUTES January 7,2014 Page 5 carried 4-0-1,with Case abstaining. X. PUBLIC HEARINGS /MEETINGS XI. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher Wickstrom, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho,Butcher Wickstrom, Case,Nelson, and Tyra-Lukens voting "aye." XII. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9 RELATING TO THE KEEPING OF HONEY BEES Getschow said a resident came forward a year or so ago to request that the Council consider allowing the keeping of honey bees in the City. He said we currently allow the keeping of bees only in rural districts. City staff, including the Police Department and the City Attorney, did research and analysis of the issue, and the Council had some workshop sessions to review the information. He said staff recommends we allow beekeeping in the City of Eden Prairie under several different scenarios: 1. Establish a process for registration on an annual basis 2. Inspect the operation of first-time registrants following specific parameters; 3. Notify residents around the property involved; 4. Allow residents to raise issues prior to issuing the registration. Getschow said the ordinance establishes regulations relating to where honey bees can be kept, how many can be kept, notification of abutting property owners, equipment and maintenance regulations, and other regulations relating to the keeping of honey bees. Tyra-Lukens asked if the registration will require people in rural areas on property of ten acres or more to register. Getschow said it will. She asked if the ordinance specifies that residential bee keepers cannot produce goods for sale. City Attorney Rosow said it is not explicitly in the ordinance in those terms; however, if someone is raising bees as a home occupation, they must follow the home occupation rules in the ordinance which requires everything to be inside. Case asked if we know how many bee hives are in the City. Getschow said, except for one or two about which we have received calls, we do not know that because there is not currently a registration process. Case said we have two fairly decent sized farms in the City, and we will now have a ruling that excludes sales from rural property. Rosow said residents cannot have a home occupation outdoors. A rural property would not be excluded from this ordinance, but rural property of more than ten acres would have a restriction not to have it in the front yard. CITY COUNCIL MINUTES January 7,2014 Page 6 Nelson was concerned that neighbors who have serious problems with bees will be notified. She asked if there is a hearing process at the end of the 30 day waiting period to determine if it will be approved. Rosow said the registration would not be issued until the 30 days had expired. Neighbors would get into the process by filing their concerns with the City. There is an appeal process,but there is no provision that the registration won't be issued if there is an objection. Nelson asked if there is any way to appeal before the registration is given. Rosow said that information would be taken into consideration prior to making the decision to issue the registration. Nelson asked if that would happen in a public hearing. Rosow said it would not. Nelson asked if the City would have a liability if a license were given even though someone objected to it. Rosow said in his opinion we are not at risk for liability because we allowed the registration of a beekeeper on a property. Cases that have imposed liability on cities for animals and damage caused by animals occur in situations such as with dangerous dogs. There has been liability for failure to follow the State statute. Nelson said she will vote against the ordinance, although she did appreciate that we have put in setbacks and fencing requirements. She was not sure a family should be put in a position of living near a beekeeping operation if they have a family member with a severe bee sting allergy. She was more happy with this version of the ordinance,but she still could not vote for something that might force someone to move out of the community just so someone else can have a recreational activity. She did not think a few bee hives in Eden Prairie would help the problem of bees dying throughout the country. Rosow said the draft ordinance states that upon the registration the adjoining properties will be notified of the registration, and he would recommend we provide notification prior to issuing the registration. Nelson asked if that will be changed prior to second reading. Rosow said it would. Tyra-Lukens asked if the notification would include what the regulations are since we will not be monitoring the beekeeping. Rosow said there will be an initial inspection with the potential to allow subsequent inspections if there is a complaint. The City has not drafted the form of notice, but we anticipate it would direct people to the location of the regulation. Tyra-Lukens asked how many we might expect to request a registration. Getschow thought there are five to ten potential registrants. Tyra-Lukens noted the issue was in the newspaper and was discussed at meetings; however she has not received any phone calls on the issue. She asked if staff has received any calls. Getschow said we have received responses from those that said they would potentially register an operation. Tyra-Lukens asked for a synopsis of the experience of other cities that allow this. Police Chief Reynolds said none of the cities contacted reported any negative calls about the beekeeping ordinance. We did have one complaint in Eden Prairie where the water source for the hive had been cut off and the bees were going to another property for water. CITY COUNCIL MINUTES January 7,2014 Page 7 MOTION: Case moved, seconded by Butcher Wickstrom, to approve the first reading of an ordinance amending City Code Chapter 9 by adding Section 9.73 requiring registration and establishing regulations relating to the keeping of honey bees in the City. Motion carried 4-1-0, with Nelson opposed. XIII. PETITIONS,REQUESTS AND COMMUNICATIONS XIV. APPOINTMENTS A. RESOLUTION NO. 2014-12 DESIGNATING OFFICIAL CITY NEWSPAPER MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2014-12 designating the Eden Prairie News as the official City newspaper for the year 2014. Motion carried 5-0. B. RESOLUTION NO. 2014-13 DESIGNATING OFFICIAL MEETING DATES, TIME AND PLACE FOR THE EDEN PRAIRIE CITY COUNCIL IN 2014 AND APPOINTING ACTING MAYOR MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2014-13 designating the official meeting dates,time and place for the City of Eden Prairie Council in 2014 and appointing Council Member Case the Acting Mayor. Motion carried 5-0. C. RESOLUTION NO. 2014-14 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY MOTION: Butcher Wickstrom moved, seconded by Case, to adopt Resolution No. 2014-14 appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Nancy Tyra- Lukens as Chair; Rick Getschow as Executive Director and Council Member Nelson as Secretary for calendar year 2014. Motion carried 5-0. D. RESOLUTION NO. 2014-15 APPOINTING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2013 MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2014-15 designating Robert Ellis as the Director and Council Member Case as the Alternate Director to the Suburban Rate Authority. Motion carried 5-0. E. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES MOTION: Case moved, seconded by Butcher Wickstrom, to approve CITY COUNCIL MINUTES January 7,2014 Page 8 appointment of the Mayor as Delegate and Council Members as Alternates to the National League of Cities. Motion carried 5-0. F. APPOINTMENT OF MAYOR TYRA-LUKENS TO MUNICIPAL LEGISLATIVE COMMISSION MOTION: Aho moved, seconded by Nelson, to approve appointment of the Mayor to the Municipal Legislative Commission. Motion carried 5-0. G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve appointment of Council Member Case to the Southwest Cable Commission. Motion carried 5-0. H. APPOINTMENT TO EDEN PRAIRIE FOUNDATION MOTION: Case moved, seconded by Aho, to approve appointment of Council Member Nelson to the Eden Prairie Foundation. Motion carried 5-0. I. APPOINTMENT TO I-494 CORRIDOR COMMISSION MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve appointment of Council Member Aho to the I-494 Corridor Commission. Motion carried 5-0. J. APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE MOTION: Aho moved, seconded by Case, to approve appointment of Council Member Butcher Wickstrom to the City and School Facilities Use Task Force. Motion carried 5-0. K. APPOINTMENT OF ASSISTANT WEED INSPECTOR MOTION: Butcher Wickstrom moved, seconded by Aho, to appoint Jeff Cordes as Assistant Weed Inspector for the City of Eden Prairie. Motion carried 5-0. L. RESOLUTION NO. 2014-16 APPOINTING MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2014-16 appointing Council Member Case, Sue Kotchevar and Fire Chief Esbensen to the Eden Prairie Fire Relief Association. Motion carried 5-0. XV. REPORTS A. REPORTS OF COUNCIL MEMBERS CITY COUNCIL MINUTES January 7,2014 Page 9 B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Green Neighborhood Update Jeremiah said the green neighborhood project on the corner of Scenic Heights and Eden Prairie Road is part of the Strategic Plan for Housing and Economic Development approved by the Council in October 2012. Through an RFP process one developer was selected for the project out of four who submitted concept plans and purchase offers to develop the site. The plan discussed with the Council is to wait until final approval of the development plans and financing is in place before closing on the property. We are still including a mid-market component for the project; however, at this point over 40% of the units would be at market rate. The development will go through the City's planning process with a City Council public hearing possibly as early as March 18, 2014. She noted three neighborhood meetings have been held to date in preparation of the preliminary plat. All of the public comments as well as those received on City Connect have been supplied to the developer so they are aware of the concerns. A traffic analysis is being required as part of the planning application and should be available by January 17. Jeremiah said a number of plan revisions have been made to accommodate comments and concerns raised by the neighborhood and staff. Homes that would be adjacent to the existing neighborhood would be market rate. She said the developer proposed Green Path-certified construction with high energy efficiency, and we have not seen any other neighborhood in Minnesota built to that standard. The developer proposes to build a model home with solar panels so buyers could select those for other homes. The south side of the pavilion in the common area would have solar panels that would be used to power lighting on the pathways. They are proposing a green roof on the north side of the building. There will be garden plots for use by the residents. They are hoping to find a concept whereby there would be a recycled irrigation water system for the garden plots. Jeremiah said the Conservation Commission reviewed this project within the last couple of months, and they have been involved with the green features. She said staff has heard there is substantial marketing interest in the mid- market housing from current Eden Prairie residents. Staff is also discussing the noise and visual issues with the developer. Nelson was delighted they plan to have a solar feature as an option. She asked if they looked into the possibility of doing geothermal on properties that will have larger yards. Jeremiah said we have discussed the potential for geothermal, but the developer is not getting good feedback regarding the feasibility of doing that in this neighborhood. She said she will bring it up again with the developer to get a better status report on that possibility. CITY COUNCIL MINUTES January 7,2014 Page 10 Aho noted there were a couple of comments during tonight's Open Podium regarding traffic, noise and visual screening. He asked what we have done to address the concerns about density since residents usually expect the density of adjacent developments to be similar to their neighborhoods. Jeremiah said we selected the proposal with the lowest density from among those submitted. The development is in keeping with the green concept to have more cluster housing to preserve the open space in the common area and to have greater efficiencies and sustainability features. Another piece of the development is that it eliminates the need for a cash subsidy for development while still meeting the green criteria. She said they will review the project from an impact perspective around the edges that are next to the existing neighborhoods. Aho said his comfort level is not high with this project, and he thought we are being a little too proscriptive in trying to set the pricing and other criteria. He said he really does not support the project. Case said in the past we have tried to be sensitive to what is around a project, especially with infill projects. At the same time, this parcel sits on the corner of two four-lane roads. He thought one could almost argue there should be commercial development, although he was not proposing there should be. It is not classic 1/2 acre lot residential property, and he thought we are on the right track with our transition buffer. He said our control is valuable to the neighborhood to make sure the transition buffer occurs correctly. He thought we would be making a statement with this project and proving people will buy into this sort of neighborhood. It appeared the biggest concern from the neighbors was the connection of the road. We have examples like that around the City where roads were planned to be connected. Whatever project is approved,he believed Thatcher Road will get connected through, and there was a comment to that effect from someone in the neighborhood during tonight's Open Podium. Butcher Wickstrom thought this is an exciting project, and she liked the process we have followed to capture ideas from developers. She thought this is how developments will be built in the future. She said we need to follow the process through and see where it goes. She understood there is always a "fear factor" when you try something innovative like this project; however, she was confident the Council and staff will look at everything and make sure things are tested and true in the development. She wanted the neighbors to know the Council will look at their concerns very carefully as we go through the process. Nelson liked where the development is going. They are trying to make an effort for energy efficient housing. She noted this isn't the first time Eden Prairie has encouraged innovative development with mixed housing. She lives in the Preserve which was built in the 1970's and 1980's and has all sorts of housing options. That development has worked well for 40 years, and housing values there continue to be high. This development is sort of the same step. It will have the green element, and she would like to get everything we can out of this development. She was glad to see we are CITY COUNCIL MINUTES January 7,2014 Page 11 matching the development right next to it. She thought our history with this kind of project has been good. Tyra-Lukens noted this is a report from the Community Development Director and not a public hearing. She agreed with many of the points made and believed this has a fabulous potential. She was not in favor of a public subsidy on this but rather saw the City acting as a catalyst to promote green development. She would like to see some traffic figures on the Thatcher Road extension and also some information on the issue of excessive sound. Nelson said she would want a firm commitment from the developer that all the things they have promised will end up being included. Tyra-Lukens asked if that was as protection for the City.Nelson replied she wanted all of the green items promised included in the project before they come in for approval. Aho said he was concerned that the City does not end up on the hook for the cost of the property and the development, so we must ensure it is transferred properly. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Construction Manager Agreement for Aquatics Expansion Project Lotthammer said we used a construction manager process when the Community Center was renovated in 2007. A construction manager works on site on behalf of the City to manage the project through the design, cost estimating and bidding portions of the project and to manage the contractors for the project. There would be two parts to the agreement. In the first phase the construction manager would help with the preconstruction and planning pieces. That phase would have a lump sum fee of$43,750. The second portion of the project would only be executed if the City Council were to award the bids and authorize the project. The second phase would be priced based on 2.25% of the agreed upon guaranteed maximum price. The City would also reimburse them for some costs that are spelled out in the contract. Lotthammer said we have had excellent experience with RJM Construction and they have knowledge of our current building. They are very familiar with the project and have consulted with the architects prior to tonight. MOTION: Case moved, seconded by Butcher Wickstrom, to authorize Construction Manager Agreement with RJM for services prior to bidding and additional services if bids are awarded. Motion carried 5-0. 2. Mayor's Health and Wellness Committee Update Lotthammer said this is a request to authorize staff and committee members of the Health and Wellness Committee to move forward with efforts to raise CITY COUNCIL MINUTES January 7,2014 Page 12 money for a food truck. He said Mr. Getschow, Mayor Tyra-Lukens and he have been part of the previous committee meetings. He said, while health and wellness is a broad topic, they found that nutrition was important to the group and felt that could be an area to make an impact in the community. Three main areas of focus have been identified: fund raising; a restaurant initiative; and the Live Well food truck. Lotthammer said the City has continued to struggle with concessions at our outdoor events. The health code is strict, and it is difficult to do good quality foods from tents. The Community Center cafe could act as the basis for the storage and preparation area for a food truck concept. There are a lot of possibilities for use of the food truck to enhance events and help organizations that might want to use it. The committee met with the Eden Prairie Community Foundation Board to discuss their taking this on as a funding resource if the Council authorizes the committee and staff to proceed. He noted the committee and staff believe the truck would be self sustaining. Aho said it sounds like the committee has done a lot of research. He noted there is currently a popular trend for high quality food trucks and asked if we have looked into anything that would allow that type of vendor to come in and provide food services at some of our events. He was concerned that it would take time and staffing to run the food truck, and it is not a simple matter to get into the food business. He was not sure we are totally prepared to do that. Lotthammer said they talked about the model used more in the downtown area where there is a major density of customers. He didn't believe the concept of contracting out and having to be as flexible as we would want would appeal to those food truck vendors, nor would they want to tailor the food to the event. In order to make this work, he thought this would not have a high profit margin but it does dovetail out of the Community Center and fits into our events. He noted PROP wants to meet with us to discuss possibilities for using the truck. Nelson thought it is a great idea to bring a food truck to events; however, she would hate to see us eliminate vendors from our events. Lotthammer said we have five or six trailers at the July 4th event, so one truck couldn't serve the demand at that event. We want to have many options,but this would give the healthy and nutritious option. We would feature produce from local farmers at certain times of the year. The concept would be unique for a city to do. It communicates to people an awareness of making the right choices and it would increase the quality of what we can do at our events. MOTION: Nelson moved, seconded by Butcher Wickstrom, to authorize staff and Mayor's Health and Wellness Committee members to develop a Fundraising and Naming Rights Program and to seek the assistance of the Eden Prairie Community Foundation to support a fundraising effort. Motion carried 5-0. CITY COUNCIL MINUTES January 7,2014 Page 13 E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. E-Ci2arette Update Rosow reviewed what e-cigarettes are, health and safety concerns, and a summary of some other state and local regulation of e-cigarettes. He said there are multiple types of e-cigarettes, many of which contain nicotine or other flavors. The University of Minnesota are studying the effect of e- cigarettes but there are no published reports as yet. The FDA has tried to regulate e-cigarettes as therapeutic devices,but a court struck that down. The FDA is now in the process of regulating them as tobacco products. They are taxed as cigarettes on the basis they contain nicotine. The State of Minnesota has prohibited the sale of cigarettes that contain nicotine to minors. Several Minnesota State legislators have indicated an intent to bring an amendment to the Clean Indoor Air Act to add e-cigarettes to the definition. Hennepin County has banned the use of e-cigarettes on County property. Several of our sister cities have instituted moratoriums on the retail sale of e-cigarettes or their sampling. Some cities require a license to sell e-cigarettes. Rosow said there are several actions the City could take: • Take no action and wait for Federal and State regulations • Require a license for the retail sale of e-cigarettes • Prohibit use of e-cigarettes on City property • Prohibit use of e-cigarettes in areas covered by the Minnesota Clean Indoor Air Act • Institute a moratorium on the retail sale of e-cigarettes Tyra-Lukens asked if the moratoriums that cities have established have a time limit. Rosow replied under State law a moratorium can only last 12 months with a possible six month extension. He thought those cities that have adopted a moratorium have directed that a study be undertaken to gather information about e-cigarettes. Case asked if the current ban on tobacco products is a fairly easy definitional fix. Rosow said he believed it is a definitional matter, and several cities have adopted definitions used by the State and Federal governments. Case said he liked the idea of a moratorium because it buys us a year to see what happens at other governmental levels. He said there are clearly substantive health issues and a perceived discomfort issue for non-smokers. He would like to see some kind of ban in our public places. A moratorium would allow us to do a study, come up with some proposals, and see what happens at the State and Federal levels. CITY COUNCIL MINUTES January 7,2014 Page 14 Aho asked what parameters other cities have placed during their moratoriums. Rosow said the City of Hopkins established a moratorium on the sale and sampling of e-cigarettes for one year. The City of Edina adopted a moratorium to allow the evaluation of smoking lounges and vapor lounges. Butcher Wickstrom said there is not a lot known about the effects of e- cigarettes but there is a lot of research being done. She would agree with a moratorium so that we could determine what we want to do during a year's time. It would be a more thoughtful approach to not make a decision until we know more about the subject. Tyra-Lukens felt strongly about the cigarette smoking and tobacco issue because of the concerns of those who do not smoke. These products are similar, and some of the products are not even labeled as to what is in them. She thought public use is an issue. Rosow said there are many flavors available but they do not list the ingredients. Case said he was not suggesting we jump into a moratorium tonight. He said all of the Council Members have expressed ideas on the issue. If we are really concerned about the matter of not knowing what is in these products, then the moratorium should include whatever gives us comfort about the unknown factors. A moratorium buys us the time to study the issue and do it right. He suggested the Council direct staff to come back with moratorium options in a month and maybe include some sample language. In a year we can go forward with the information we have gained. Nelson said she had the unfortunate experience of someone smoking one of these at a restaurant table. She would like to have a moratorium soon before businesses get used to having e-cigarettes as part of their income stream. She would like to not have people smoking these in enclosed places in the City. She would also agree to look at the wording of a ban on these in case the State and Federal governments don't take action. Tyra-Lukens said she hasn't talked to anyone that hasn't been happy about the public smoking ban State-wide. Right now, there is nothing the restaurants can do to have someone stop smoking an e-cigarette. Aho thought the restaurant would be able to tell people they don't allow the use of e-cigarettes in their facility. Tyra-Lukens asked what happens during the month of study before we put the moratorium in place. Rosow said that is an issue because a moratorium that establishes a ban on retail sales would not affect a current use. He heard the Council discuss two separate issues: the moratorium on retail sales and sampling; and the use in City and private places which doesn't need a moratorium and could be enacted in the City's Smoke Free ordinance. Aho said we can't enact a moratorium tonight. Tyra-Lukens said she was not as concerned about the sale of the product, but rather her concern is with the public use of e-cigarettes. CITY COUNCIL MINUTES January 7,2014 Page 15 Aho noted smoking cigarettes in public places is a State issue. Tyra-Lukens asked if the State legislature is looking at this. Rosow said several legislators have said they intend to bring legislation to include these devices under the Minnesota Clean Indoor Air Act. The consensus of the Council was to get a further report from staff in a month. XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 9:09 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 21, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Commercial Kennel—Ownership change Precious Metal Dealer Anderson Lakes Animal Hospital Gold Money Express LLC 8787 Columbine Road DBA: Gold Money Express Marquis Jewelers, Inc Temporary 3.2 Beer DBA: Wedding Day Diamonds Organization: Pax Christi Catholic Community Event: Volunteer Appreciation Event Date: March 1, 2014 Solid Waste Collector Place: 12100 Pioneer Trail (Social Hall area) Keith Krupenny& Son Atomic Recycling 2014 Renewal Licenses Veit Commercial Kennel Dicks Sanitation Hound Dog Pet Hotel Suburban Waste Kingdale Kennels, Inc Ray Anderson& Sons Companies Aspen Waste Systems Private Kennel Mary Lou Carlson Kimberly Donahue Reid Mandel James W. McCoy Robert&Lorraine Stanton Deborah Winter - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 21, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: 11-5800 ITEM NO.: VIII.B. Carter Schulze Approve Plan and Specifications and Order Public Works /Engineering Advertisement for Bids for the southern segment of the Shady Oak Road Improvements Requested Action Move to: Adopt resolution approving plan and specifications and ordering advertisement for bids for the southern segment of the Shady Oak Road Improvements, I.C. 11- 5800. Synopsis With the assistance of SRF Consulting Group, Inc. the Engineering Division has prepared plans and specifications for the southern segment of the Shady Oak Road Improvements. Construction of the project is scheduled to begin in June of this year and will extend through the 2015 construction season. Plans for the project include the construction of new ramps and a bridge over Hwy 212. Background Information The southern segment of the Shady Road Improvements will provide additional capacity along Shady Oak Road and includes the widening and reconstruction of Shady Oak Road from approximately 800 feet north of Rowland Road to 600 feet east of Flying Cloud Drive. The proposed project will add turn lanes, trails and a median along Shady Oak Road. In addition, new traffic signals will be provided at the City West Parkway (Bryant Lake Dr), Highway 212 north and south ramp and Flying Cloud Drive intersections. Financial Implications The construction cost estimate for the Shady Pak Road Improvements is approximately $17 million. The project will be funded through several sources including a $7,000,000 grant through MnDOT's Transportation Economic Development Program, a$5,000,000 contribution from Hennepin County, Municipal State Aid and special assessment. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE SOUTHERN SEGMENT OF THE SHADY OAK ROAD (CSAH 61) IMPROVEMENTS I.C. 11-5800 WHEREAS, the City Engineer, with the assistance of SRF Consulting Group, Inc., has prepared plans and specifications for the following improvements to wit: I.C. 11-5800— Southern Segment of the Shady Oak Road(CSAH 61) Improvements and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1) That said plans and specifications, a copy of which is on file for public inspection in the City Engineer's Office, are hereby approved. 2) That the City Clerk shall prepare and cause to be inserted in the official paper and in the Finance and Commerce an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state the date and time that the bids will be publicly opened and the City Council meeting at which they will be considered. No bids will be considered unless sealed and filed with the Engineering Division and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City of Eden Prairie for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on January 21, 2014. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 21, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: 11-5800 ITEM NO.: VIII.C. Carter Schulze Adopt Resolution Authorizing Execution of Public Works /Engineering Limited Use Permit for Trail Purposes with MnDOT Requested Action Move to: Adopt Resolution Authorizing Execution of Limited Use Permit for Trail Purposes with MnDOT. Synopsis The multi-use trails which are being constructed along Shady Oak Road as part of the southern segment of the Shady Oak Road Improvements require a Limited Use Permit with MnDOT. The permit allows the City to construct, maintain, and operate the portion of the trails which will be located within MnDOT right-of-way of US Highway 212. Background Information As part of the southern segment of the Shady Oak Road Improvements the City plans to construct multi-use trails along both sides of Shady Oak Road. Portions of both trails are within MnDOT's US Highway 212 right-of-way and require a Limited Use Permit with MnDOT. With this permit the City of Eden Prairie will be responsible for all costs associated with maintaining the trails. Attachments Resolution Draft Limited Use Permit CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- RESOLUTION AUTHORIZING EXECUTION OF LIMITED USE PERMIT FOR TRAIL PURPOSES WITH MnDOT SOUTHERN SEGMENT OF THE SHADY OAK ROAD (CSAH 61) IMPROVEMENTS I.C. 11-5800 WHEREAS, the City of Eden Prairie is preparing construction plans for the construction of Shady Oak Road (CSAH 61) from approximately 800 feet north of Rowland Road to Flying Cloud Drive; and WHEREAS, the construction plans include multi-use trails along both sides of Shady Oak Road, portions of which are in the Highway 212 right-of-way; and WHEREAS, the State of Minnesota, Department of Transportation requires a Limited Use Permit for the construction,maintenance, and operation of the trails within the Highway 212 right-of-way. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the City of Eden Prairie enter into a Limited Use Permit with the State of Minnesota, Department of Transportation to construct, maintain, and operate recreational trails within the right-of-way of Highway 212; and BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute the Limited Use Permit and any amendments to the Permit. ADOPTED by the Eden Prairie City Council on January 21, 2014. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT C.S. 2763 (T.H. 212) SP 2763-49 County of Hennepin LUP # 2763-0149 Permittee: City of Eden Prairie Terminates: 12/26/2023 In accordance with Minnesota Statutes Section 161 .434, the State of Minnesota, through its Commissioner of Transportation, MnDOT, hereby grants a Limited Use Permit to City of Eden Prairie, Permittee, to use the area within the right of way of Trunk Highway No. 212 as shown in red on Exhibit "A", (the Area) attached hereto and incorporated herein by reference. This permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached hereto and incorporated herein and Construction Cooperative Agreement No. PW 29-49-13 for County Project 1125. Non-Motorized Recreational Trail The Permittee's use of the Area is limited to only the constructing, maintaining and operating a nonmotorized recreational trail (the Facility) and the use thereof may be further limited by 23 C.F.R. 652 also published as the Federal-Aid Policy Guide. In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1 . TERM. This permit will terminate at 11 :59PM on 12/26/2023. This permit will not be renewed. This permit is also subject to cancellation and termination by the Minnesota Department of Transportation, with or without cause, by giving the Permittee 90 days written notice of such intent. Prior to termination, or within 90 days of the cancellation notice, the Facility shall be removed by the Permittee. The Permittee is required to return and restore the area to a condition satisfactory to the Minnesota Department of Transportation District Engineer. The removal of the Facility and the return and restoration of the Area shall be at no cost to the Minnesota Department of Transportation and at the sole expense of the Permittee. If Permittee desires to continue its use of the Area, the Permittee must reapply to the Minnesota Department of Transportation, at least 90 days prior to termination, for a new limited use permit. After termination, any continued occupancy or use, under this permit, of the Area is not authorized. However, if such continued occupancy or use occurs, all provisions of this permit LUP—Standardized LUP Form Page 1 of 5 LU1001 1/10/2014 related to Permittee's liability or responsibility remain in effect. Permittee will pay MnDOT all costs and expenses, including attorney's fees, in any successful action brought by State of Minnesota to remove the facility and stop the continued occupancy or use. 2. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no cost or expense to MnDOT. Before construction of any kind, the plans for such construction shall be approved in writing by the Minnesota Department of Transportation, through the District Engineer. Approval from Minnesota Department of Transportation District Engineer shall be required for any changes from the approved plan. The Permittee shall construct the Facility at the location shown in the attached Exhibit "A" subject to verification by the Minnesota Department of Transportation District Engineer that the construction geometrics and procedures result in a Facility that is compatible with the safe and efficient operation of the highway. Upon completion of the construction of the Facility, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. The Permittee shall preserve and protect all utilities located on the lands covered by this permit at no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 3. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at its sole cost and expense, including, but not limited to, plowing and removal of snow and installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other governmental agency sign post within the Area. MnDOT will not mark obstacles for users on trunk highway right of way. 4. USE. Other than as identified and approved by MnDOT, no permanent structures or no advertising devices in any manner, form or size shall be allowed on the Area. No commercial activities shall be allowed to operate upon the Area. Any use permitted by this permit shall remain subordinate to the right of the Minnesota Department of Transportation to use the property for highway and transportation purposes. This permit does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge Facility that would become subject to Section 4 (f) of the Federal-Aid Highway Act of 1968, nor does this permit establish a Bikeway or Pedestrian LUP—Standardized LUP Form Page 2 of 5 LU1001 1/10/2014 way which would require replacement pursuant to Minnesota Statutes Section 160.264. No rights to relocation benefits are established by this permit. This permit is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the Area. 5. APPLICABLE LAWS. This permit does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. 6. CIVIL RIGHTS. The Permittee, for itself, its successors, and assigns, agrees to abide by the provisions of Title VI Appendix C of the Civil Rights Act of 1964, which provides in part that no person in the United States, shall on the grounds of race, color, or national origin, be excluded from, or denied use of any Facility. 7. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking of vehicles and assemblage of Facility users, on the highway right of way over which this permit is granted, so as to maintain the safety of both the motoring public and Facility users. 8. ASSIGNMENT. No assignment of this permit is allowed. 9. IN WRITING. Except for those which are set forth in this permit, no representations, warranties, or agreements have been made by MnDOT or Permittee to one another with respect to this permit. 10. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's right of way. In the event of spillage of regulated materials, the Permittee shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 11 . MECHANIC'S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto. 12 NOTICES. All notices which may be given, by either party to the other, will be deemed to have been fully given when served personally on MnDOT or Permittee or when made in writing addressed as follows: LUP—Standardized LUP Form Page 3 of 5 LU1001 1/10/2014 to Permittee at: and to MnDOT at: Mayor State of Minnesota Eden Prairie City Hall Department of Transportation 8080 Mitchell Rd Metro District Right of Way Eden Prairie, MN 55343 1500 W. County Road B2 Roseville, MN 55113 The address to which notices are mailed may be changed by written notice given by either party to the other. 13 INDEMNITY. Permittee shall defend, indemnify, hold harmless and release the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns, from and against: (a) all claims, demands, and causes of action for injury to or death of persons or loss of or damage to property (including Permittee's property) occurring on the Facility or connected with Permittee's use and occupancy of the Area, regardless of whether such injury, death, loss or damage is caused in part by the negligence of State of Minnesota or is deemed to be the responsibility of State of Minnesota because of its failure to supervise, inspect or control the operations of Permittee or otherwise discover or prevent actions or operations of Permittee giving rise to liability to any person. (b) claims arising or resulting from the temporary or permanent termination of Facility user rights on any portion of highway right of way over which this permit is granted; (c) claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages; (d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever filed or maintained for or on account of any work done or materials furnished; and (e) any damages, testing costs and clean-up costs arising from spillage of regulated materials attributable to the construction, maintenance or operation of the Facility. LUP—Standardized LUP Form Page 4 of 5 LU1001 1/10/2014 MINNESOTA DEPARTMENT CITY OF EDEN PRAIRIE OF TRANSPORTATION By RECOMMENDED FOR APPROVAL Its By: District Engineer And Date Its APPROVED BY: COMMISSIONER OF TRANSPORTATION By: Director, Office of Land Management Date The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. LUP—Standardized LUP Form Page 5 of 5 LU1001 1/10/2014 Irs )1\ , ••. LEGEND f3' BITllMINOIfs TRtiILGENERAL NOTEG. Nq1 1rEaIN5 SEE SHEET 12S FOR GENERAL NOTES. 1 '+*i+ [Si-} j NADY rbA V9 5" CONCRETE WALK 147.Oi R"D 2• BITUMINOUS OVERLAY Cap144 ,5-L�,,�ig lilt I EXISFIHG RaRpTF Y5 DU f7 ;� 4 g " Crum LoamPROPOSED CONSTRUCTION END S.A.P. S.F.P. 185-S12G-03O p4'�'' • I 7 - 1� i DIRECTION Of TRAFFIC C.P.P11E5'S1-05S1 �A-N .?11 ` .05,1° �' d ! RETAINING HALL BE .A.P. 101-106-1104 GIN B,GSNADY CPAS.61 ROAD t.S L IyI7 i M COtY57 �I $fp STA. IIB+C 4.61 ypS `5 'S ■•; 8818 CbD ' PirirC. TOE '�77. p �r LF A - r7 �pELIXEATFa NETLANO • I - , ■.% /RETAINING TALL n New L (T.H 21 ,� warSF.EL SHEETAHQ6033 P.co { StC _ 2Y � ! �I L ® T,E. CAG Tr ` 1' ' !I❑ �� Il s 1 , ,� r ■ PnDP, X/i]! ! 7 ! n �I �t` € H.E. RAMP IB c�c ■ ti' 4,1 \ f col III'l.r r �� i7.H. 2f2Y i, i'C� RETA!R kiriip"sY RAMP ,II 1 1! rr n42�nc ■ ~-�L—'�CON5TRuc OM LI4ITS 11i -s1apRon, R4�sIrrj 1 r Ir� 1 1r ~ 1\ JJIi Ate, i rf r, ' AFPROXINATE LGCA ON y 11 I cnNSTR IOW LIMIT :.,* f� T.E. e Q B6 © I +1 J-r }1 + 7 f� a sWTMTByT LG7RT BRIDGE, p 1 E 6)2 C8a Hi ' i +j y1 7 flrr A_ Y 4 ` r !�iA _ — iv 8' 7RA1C Jf it f iIL+! 12' TRAIL a H' TRAIL 11 { + �, O w ']reMr�Ri��� 6' r •a9. 52' mkt. GO-r+ �'1—HI .rsQO ,. S. { "76.4 en ii._ ,13. p h � �Llr 20IJM 1.... - `�,� ®125-- - 7 I ❑ L. 12' 1 , 1 I 5 15' ar t s 4'' ' i��i=��M11Q - , �. '�� eD.❑ Is, 52.2 x'I� ft� l! 99,8 . 300 `❑ 9J _134 .-05.1i 55—REMIND ]] 1 "CER CRETE XALR a i r -__— _ _ 89.7 A AQ'-_... --_ _ aIY1�J� •22�t fa [31 iIB.G ' 3.9 S�l�'..-_ _+6 ., _ +13.4 18P 7.' _ -.__ - - -_— - — C�AJ7 —.— 1 ��I� S , QA f i�i '1�.092P C -__' 0ti VAR r.77.7 -_r sOS.O Sr10 I • � - ,I5,G 7 __--. !� BRIDGE ND. 2TIYlO ��S §�• •�' 4 i3 1) ISEE BRIDGE PLANS) �_ •2H,'_SST'-— 'I1 `4 G O tT' 3NS— 140 I2' w 19.9 I45 —_ •� f cif:---= - l "' } ! C3 VT - i I e: TnA1L413C) 12 j OL1. I Ixf TRAIL Cyr i7 a' TRAz ® � e - Y f • r.E. } 8612 pup © r r' a.I7 S.E. Ra ! • i p+wcw. KI'LI LLG R�a� 111 m +2a c r 1 �) r I y' IT.H. 2]2Y 1- cac ���ri ;s'-., �� in illi �y 86 d C■G L • .'S. `�' ,,2' L C f O Y 1 r� p, '� r I �' :� DAx� D c 1 `�� .j1 • eB12 CSC f w• RA tip . �' u 7 ! 11 f ik/ 1'A Y RIOE . RETAINING WALL E Sk RAMP ,T I rr I I 'BET POND �' I.� LE. r fi pAfO(8 RIDE s1B e*n - SRYgNr.N' 212) ! ��: WET PDrmgkl � INFILTRATION BASIN �f i. BSi2 FAG SHOPHBC QR. IC .I N LAKE GR. NATCHLINE STA. e05+SO.00 s � ' , i 1\ y _ SEE SHEET HD,132 ►. I• � F�TAYNTHG fRLL I I "o NOfE5r ,l ;Q LI1 � p CONSYRUC7 MEDIAN HOSE IMNDOT STII. PT-4::::::07.,_ ■ % rt W.e. R>� E. S.B. SHADY OAK RR. l PEDESTRIAN CGp)3 RAMP ISEE PEDESTRIAN RAMP DETAILSI _ --�•3 Q�I CONSIRl1CTION .4 5S 1'ty0? © 6" CONCRETE WALE-REINFORCED ^ �5: / '--: di E%. Rill I ' &IFS.5 P TUATIV PLATE 53221W-”22 �,t,r' !r Z 5.8. FLYING 5 ' °"'�ar Q !O. CURD MAMMON o �' CLOUD QR, Y I Iq n r 8" CONCRETE DRIVEWAY PAVEMENT WN `� '+� CONSTRI3CTION LINITS ' m ar �� ® BITUMINO33S DRIVEWAY PAVEMENT ''' 111 • t. E. N.S. FLYING IEPEE,Zt's > GrkrFR %. RErAzr1 CLOUD DR. ox w+1,8 5 5^CONCRETE kN.K ESOOM L S SEE DETAIL d. SHEET 26&! ��%\ 1 — yP.1„ Cjr�. Q� ® TRAFFIC BARRIER tlESIGH SPECIAL �-� „', I{ �p�7HwE57 LRT BRAIUIc�E. —f N F a, T4. p IIaPACT ATTENUATOR NO, t {WADOUARD I RY OTHERS B 212 �oXSTMUC dEN pit AIR/E. © wovAC WIRE FENCE i mmar STD. PLATE R3201 k,B. 5NAy AK Ra 8I4'' 10 4'DD aT 4NG ED RECPOkS IRuc7R TENSION TO T GABLE GUARDRAIL f CH ROADWAY J R, If sI65•Dp Q IMPACT ATTENUATOR NO, 2 IDUADOUARin ,ry^' "'.oa. .rrolmv n^:, sun kWrnasi xo. - MAIN R7 }""e.P i ti}ien I. M1nl�,bw Mw to-P45-[roe YEN. E n .r Im Igo. CHARY J. KARTAA s niCr till n L R�ATiAxKT P I 6T-CAD iAgn - NC9IS Mx xiia=�!C mv� fi.VIE Q AP I cen73<77 sxp5•gpr+ vole i 011] �1,�.. 46ti1t NrA Caxsullirrg roup,Inc I OTr Mp,�7 IC ltr.99 PEW.NU. Vmrs.n - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 21, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILD. Paul Sticha, Administration, Vending Machine Service Agreement Facilities Requested Action Move to: Award the contract for vending machine service in City owned buildings to Gagauz Vending Corporation. Synopsis Proposals were received from Gagauz Vending,North-Central Vending and Royal Vending. Each firm had a different strategy for their product pricing and commission to the City. Gagauz Vending had the lowest product prices, and the highest commission level to the City and excellent references. Background Information Previously, vending service was handled through the food service. Staff decided to explore hiring the vending service directly and have the commissions paid to the City, rather than to the food service contractor. New vending machines will match the existing machines and will be placed as follows: • 3 snack and 3 beverage machines in City Center • 1 snack and 1 beverage machine each in the Maintenance Facility and the Water Treatment Plant • 1 beverage machine in each of the 4 Fire Stations Gagauz estimates total commissions to the City for all machines in the range of$4500 to $6000 annually, based on similar contracts. Staff received very positive references about Gagauz from Cheryl Calson at Eden Prairie High School and from Colleen Carstens at Shakopee High School. Staff spoke with James Roettger at the State of Minnesota to confirm that Gagauz Vending has the appropriate license. Confirmation has been received in writing. Attachments • Gagauz Proposal • State of MN Vending License • Certificate of Insurance Vending Machine Service Agreement This Agreement ("Agreement") is made on the 21st day of January, 2014, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Gagauz Vending Services, a Minnesota Corporation (hereinafter "Contractor") whose business address is 893 Basenji Curve, Shakopee, MN 55379. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of 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 services by Contractor for Vending Machine Services hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with their proposal attached as Exhibit A and the Obligations of the Contractor below. The terms of this Agreement shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of January 21, 2014 and shall continue until December 31, 2014 and automatically renew from year to year after expiration of said first term with no action from either party required, except that this Agreement may be terminated as provided herein. 3. Obligations of Contractor. Contractor shall conform to the following obligations: • Contractor shall provide the materials and services as set forth in their attached proposal. i. Vending machines will be installed as follows: 1 snack and 1 beverage in City Hall Main Lobby, 1 snack and 1 beverage in Police Break Room, 1 snack and 1 beverage in the Water Treatment Plant Break Room, 1 snack and 1 beverage in the Maintenance Facility Break Room, 1 beverage in each of the 4 Fire Station Break Rooms. ii. Contractor agrees to keep machines stocked at all times. iii. Contractor will obtain a photo ID/access card for building access Monday — Friday between 8:00am — 4:30pm in appropriate buildings. Contractor will be escorted by City staff into Police and the Water Treatment Plant. iv. Contractor will rotate products in and out of the machines based on sales volumes and also at the request of the Facilities Manager or designee. • Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. • Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. • Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. • Contractor must honor the City's request to reassign an employee. • When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: • Provide access to City properties as appropriate. • Provide restroom facilities as appropriate. 5. Commission. City agrees to the commission as outlined in Contractor's attached proposal. 6. Method of Payment. Contractor shall prepare and submit to City, within 30 days following the end of each month, itemized reports setting forth work performed under this contract, sales, revenue and cost of product. Commissions shall be paid with the report. 7. Project Manager. The Contractor has designated Val Cholak to Manage the Work. He shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. The City designated representative is the Facilities Manager or designee. 8. Standard of Care. Contractor 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. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor 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 Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. • General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Contractor's coverage shall be primary and noncontributory in the event of a loss. Standard Agreement for Contract Services 2013.12 Page 2 of 8 • Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products— Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 • The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: i. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). ii. Products and Completed Operations coverage. Contractor agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. iii. Personal injury with Employment Exclusion (if any) deleted. iv. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. v. Broad Form Property Damage coverage, including completed operations, or its equivalent. vi. 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. vii. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. viii."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. ix. Incidental Malpractice and Host Liquor Liability insurance applicable to the Contractor's performance under this Contract. x. Severability of Insureds provision. • Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor'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 Standard Agreement for Contract Services 2013.12 Page 3 of 8 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: i. All polices shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); ii. All polices shall be apply on a "per project" basis; iii. All policies, except the Worker's Compensation Policy, shall contain a waiver of subrogation naming "the City of Eden Prairie"; iv. All policies, except the Worker's Compensation Policy, shall name "the City of Eden Prairie" as an additional insured; v. All policies, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract; and vi. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications added, without thirty (30) days prior written notice to the City. • A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor'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 Contractor 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 Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. • Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: Standard Agreement for Contract Services 2013.12 Page 4 of 8 i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will indemnify City and hold it harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its agents or employees. 11. Termination. • Either party may terminate this Agreement without cause at any time by giving notice of its intention to do so, to the other, as provided herein, at least 30 days prior to the intended date of termination. • Alternatively, this Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. • Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. • In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. Standard Agreement for Contract Services 2013.12 Page 5 of 8 12. Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Val Cholak 893 Basenji Curve Shakopee, MN 55379 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Facilities Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 13. Independent Contractor. Contractor 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 Contractor 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 Contractor an employee of the City. 14. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 15. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor 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 Contractor 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. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 16. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant 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 Contractor shall post in places available to Standard Agreement for Contract Services 2013.12 Page 6 of 8 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 Contractor 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 Contractor 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. 17. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the agreement void. 18. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 19. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 20. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. 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. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. 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 Contract. Standard Agreement for Contract Services 2013.12 Page 7 of 8 25. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 26. 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. 27. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager GAGAUZ VENDING SERVICES Val Cholak, Its President Standard Agreement for Contract Services 2013.12 Page 8 of 8 • Exhibit Atogisio4_ tintINV Si' - rP r ti iro Gagauz Vending Services 893 Basenji Curve Shnkopec,55379 Phone:(952)239-6991 Gagauz2003 rtynhoo.com Dear Costumer, The following proposal outlines the plan the way Gagauz Vending Services will offer its services to your establishment.That will include the following: • Install vending equipment at the designated areas • Provide maintenance of the vending equipment • Provide reliable, on-time service, • Ensure the product meets the USDA requirements • Ensure there are no gaps with product availability • Offer more diverse product choices rather than limiting to only Pepsi or Coke for example_ Details Gagauz Vending Services offers Healthy Vending program. Healthy foods such as fruits, vegetables,juices, dried fruits and a lot more will be available in vending machines. We also offer the following bottled beverages. • Coca-Cola and Pepsi Products • Sport drinks • Juices • Spring water Financials Gagauz Vending Services will offer commissions to your organization. We are going to allocate up to 30% of monthly income(based on gross minus cost of sales) of all beverages and snacks, If you have any questions,please feel free to contact us at(952)239-6991 Or E-mail us rQ gagauz20O3 ayahoo.com Thank you, Val Cholak Owner Page 1402 tr411141rlitWiliVil . . ttin i �L • - ktingi • n w.- . Gagauz Vending Services 893 Basenji Curve Shakopee.55379 Phone:(952)239-6991 Cragaut2003( yahoo.enm Product prices per single item Items Selling Price Size (oz) Soft prinks $1.35 20 —24 Water $1.35 20 —24 Sport Drinks $1.35 20 —24 Juices $1.25 - $1.50 12 —20 Candy $0.85 - $1 1.5-2.0 Cookies & Crackers $0.85 - $1 1.5 - 2.2 Chips, Regular $0.75 1 Chips Large $0.85 - $1 1.5 - 2.5 It is our primary objective to supply you with the snack foods and beverages of your choice and to service your account at least once a week in order to provide fresh, quality products. We would welcome the opportunity to serve you, your company, and your fellow employees! Thank you for your interest! Page 2 of 2 Minnesota Department of Agriculture MINNESOTA DEPARTMENT OF AGRICULTURE RETAIL FOOD HANDLER 625 ROBERT STREET NORTH,ST.PAUL.MINNESOTA 55155-2538 GAGAUZ VENDING CORP 893 BASENJI CR RETAIL FOOD HANDLER SHAKOPEE MN 55379 GAGAUZ VENDING CORP 893 BASENJI CR SHAKOPEE MN 55379 20110330 7/1/2013 6/30/2014 License Number Effective Date Expiration Date License Categories GAGAUZ VENDING CORP 893 BASENJI CR SHAKOPEE MN 55379 20110330 $77.00 711/2013 6/3012014 20110330 $77.00 6/30/2014 License Number License Fee Paid Effective Date Expiration Date License Number License Pee Paid Expiration Date This license must be posted in a conspicuous place and is not transferable. AG-00853 In accordance with the Americans With Disabilities Acr,an alternative form ofcomnunirauon is available upon request. AC o® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/23/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy()es) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Davison, Sheryl NAMEFirst Choice Insurance Services NCC,No,Est): 763-792-3555 FAX First 763-792-3560 11923 Central Ave NE E-MAIL sheryl@fcinsure.com Blaine, MN 55434 ADDRESS: y @fcinsure.com INSURER(S)AFFORDING COVERAGE NAIC S INSURERA: Auto Owners Insurance Company INSURED INSURER B: Gagauz Vending INSURERC: Valeriy Cholak INSURERD: 893 Basenji Curve - Shakopee, MN 55379 INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSR WVD POLICY NUMBER JMM/DD/YYYYUMM/DD/YYYY)- LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 06020900 12/23/2013 12/23/2014 PRS RENTED PREMISES((Ea Ea occuurrrr ence) $ 300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONALSADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY ,,IjF T LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT(Ea accident) 1,000,000 $ A ANY AUTO 06020900 12/23/2013 12/23/2019 BODILYINJURY(Perperson) $ ALL OWNED x SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESSLIAB CLAIMS-MADE 06020900 12/23/2013 12/23/2014 AGGREGATE $ DED RETENTION$ $ — WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS _ ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA THRU MWCIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) City of Eden Priaire is additional insured. The certificate of insurance reflecting Workers' Compensation coverage will be issued under separate cover and mailed to you direct by the company. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Eden Priaire ACCORDANCE WITH THE POLICY PROVISIONS. 8080 Mitchell Road Eden Prairie, MN 55344 AUTHORIZEDREPREES NTATIVE ' ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD CITY COUNCIL AGENDA DATE: SECTION: Public Hearings January 21, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Bluffs West 13th Addition Development/Planning Janet Jeremiah/Julie Klima Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Preliminary Plat on 1.33 acres into 4 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This project is a subdivision of 1.33 acres into four single family lots. The project conforms to the requirements of the R1-13.5 Zoning District. Background The 120-Day Review Period Expires on 02/25/2014. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project at the November 25, 2013 meeting. Attachments 1. Resolution Preliminary Plat 2. Staff Report 3. Location Map 4. Land Use Map 5. Zoning Map 6. Aerial photo 7. Planning Commission Minutes 8. Presentation provided by resident at Planning Commission meeting. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- RESOLUTION APPROVING THE PRELIMINARY PLAT OF BLUFF'S WEST 13TH ADDITION FOR LAKE WEST DEVELOPMENT LLC BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Bluff's West 13th Addition for Lake West Development, LLC stamp dated January 7, 2014, and consisting of 1.33 acres into 4 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 21st day of January, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Julie Klima, Senior Planner DATE: November 22, 2013 SUBJECT: Bluffs West 13th Addition APPLICANT/ Lakewest Development/Robert T. Brown OWNER: 120 DAY REVIEW: Expires February 25, 2014 LOCATION: 11480 Riverview Road REQUEST: • Preliminary Plat on 1.33 acres into four single family lots. GUIDE PLAN The Comprehensive Guide Plan shows the site as Low Density Residential. The project has a proposed density of 3 units/acre, exceeding the 2.5 units/acre identified in the Comprehensive Plan. Typically, however, the right-of-way for roads is included in the density calculation. In this case, the right-of-way for adjacent roadways has already been dedicated with previous phases of the project. When the adjacent right-of-way is added into the project area, the density calculation is 2.39 units/acre, meeting the Comprehensive Plan requirement. PRELIMINARY PLAT The preliminary plat proposes the creation of 4 single family residential lots. The lot sizes range from 13,511 to 16,301 sq. ft. The proposed lots meet the lot size, and dimensional requirements of the R1-13.5 Zoning District. . TREE REPLACEMENT There are 613 diameter inches of significant trees on the property. Tree loss is 225.5 diameter inches, or 37%. The required tree replacement is 111 inches. The plan meets this requirement. STAFF RECOMMENDATION Recommend approval of the following request: • Preliminary Plat on 1.33 acres into four lots. This is based on plans stamp dated November 18, 2013 and Staff Report dated November 22, 2013 and the following conditions: Staff Report—Bluffs West 13th Addition November 22, 2013 Page 2 1. Prior to City Council review of the Preliminary Plat, the proponent shall: A. Revise the plans to indicate a 30 foot front yard setback for Lot 3, Block 1 from Huntington Drive. 2. Prior to issuance of the grading permit, the proponent shall: A. Provide for the removal of existing well and septic systems on site in accordance with City and Department of Health requirements. B. Submit a tree replacement bond, letter of credit, or escrow surety equivalent to 150% of the cost of the landscaping. C. Notify the City and Watershed District 48 hours in advance of grading. D. Install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City. 3. Prior to release of the final plat, the proponent shall: A. Remove all existing buildings currently located on the site. All areas disturbed during removals must be restored with temporary turf. B. Pay all City connection fees. 4. Prior to the issuance of building permit, the proponent shall: A. Pay the appropriate cash park fees. 5. This development will require a Special Assessment agreement for trunk assessments. 6. Acquisition of permits for the project shall be the sole responsibility of the developer/owner. Security shall be provided as necessary to ensure appropriate replacement of public street section(s). Staff recommends approval subject to these requirements. Area Location Map - Bluffs West 13th Addition Site Address : 11480 Riverview Road Eden Prairie, Minnesota 55344 ESN IM. 11.111111(i IkV#W PIW Huntington Drive / iiiit4 Kensington Drive III *4 . '-- ** ileeMONt* • 1 W*, Site / •MVP4 P ibil %0 . / r *. &pi:A Riverview Road ing e• in ir lIllkAVAPIIIII I P4*764: Guide Plan Map Bluffs West 13th Addition 11480 Riverview Road, Eden Prairie, MN 55347 FT r ii, N *NT 1■ Ipl 1 Kensington Drive 44 Iiiii*Orl 1 I 11, . lIN .11#14 * i t IP • ill Huntington Drive w lif Alr** A i i i,4 r *, h_ ' Riverview Road oo� Park --- 4* ( 7 I 1 - _ -den Prairie Land - - i A, - Ian Map 1 000-20207N1 Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre MI Community Commercial Streams Low Density/Public/Open Space - Regional Commercial -Principal Arterial -A Minor Arterial Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,i -B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 r----1 Medium Density Residential/Office - Park/Open Space -Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 E a E N High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open Water L16E•WORK•DREAM f�� Office/Public/Open Space Right-Of-Way 240 120 MOogamm�Me molNmmlNM®1�XnpneB1 1 .op 240,Feet - Industrial Zoning Map Bluffs West 13th Addition 11480 Riverview Road, Eden Prairie MN 55347 a"-rqpqpufowl,\,,I,i\:\\w/t* 111!!"1071" I* ill Kensington Drive a*ik I ________-_,----------"______< lha Air / 4.4176...s. imiliptilifiri* . Huntington Drive ___ 4111/1/11pr 4411p iif 11 w,,,../* i ,, ,,, at.,/,.., 4 II • ! ai * ' , Ir Riverview Road 14111111 , 41* .. .. ,, 11 1 11 11 1 City if • en Pr; ine roning ap j =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) 1 1 ,f. t R1-9.5 One Family-9,500 sf min. 1.1 Industrial Park-2Acre Min, ® 100- Year FlOOdplain RM-6.5 Multi-Family-6.7 U.P.A.max. IMMl Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDEN Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009 Community Commercial l I Water In case of discrepancy related to a toning aassnicadon on this zoning map,the Ordinance tIVE•WOBIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial l I Right of Way -Regional Service Commercial n Right of Way 0 0.05 0.1 Miles .waz,o—g--,=,..:.,ti4..o..o.a.,a ..._..=.::: ,..,,m„ Aerial Map Bluffs West 13th Addition 11480 Riverview Road , Eden Prairie, MN 55347 1 ,... '‘..,•'. ' ',,, ,...-1., .•• ail* ' 4„ 14"- 11111‘:. -4, \ -..-,. K e, ),n, g484 to... ive 1. 4 v. 7aci. . Huntington Drive Ae: i v -we. al . 4 • . • .., :1 6,._,: Riverview Road Irtits&b, di .. , i-11*. ost , -:- I I I 'l, ' I 1 I I . • , 1 / _ \ \ 1 '- I APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,NOVEMBER 25, 2013 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Jon Stoltz, Katie Lechelt, Travis Wuttke, Steven Frank, Ann Higgins, Mary Egan STAFF MEMBERS: Mike Franzen, City Planner Julie Klima, Senior Planner Stu Fox, Manager of Parks and Natural Resources Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE —ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Wuttke was absent. II. APPROVAL OF AGENDA MOTION by Lechelt, seconded by Kirk, to approve the agenda. Motion carried 6-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON OCTOBER 28, 2013 Higgins had a change on page 3,paragraph 2. She would like the phrase "right away" changed to "right-of-way". Higgins had a second change on page 4,paragraph 4, third sentence. It should read, "Egan asked..." MOTION by Frank, seconded by Higgins, to approve the minutes as amended. Motion carried 4-0. Kirk and Lechelt abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS November 25, 2013 Page 2 A. BLUFFS WEST 13TH ADDITION Location: 11480 Riverview Road Request for: • Preliminary Plat of 1.33 acres into 4 lots Ben Wikstrom, representing Lake West Development at 15545 Highway 7 in Minnetonka, presented the proposal for a 4 lot subdivision. Chair Stoltz asked Klima to review the staff report. Klima stated this project does comply and staff recommendation is for approval. Chair Stoltz opened the meeting up for public input. Chuck Baker, of 11544 Landing Road, stated he wanted to address some concerns with this project. Mr. Baker showed a PowerPoint of the project. He pointed out his home is south of the development site and showed pictures of views from his house to give a feel of the surrounding area. He is concerned with the amount of homes on the property and would like to see two homes developed and not four, as proposed. He cited the Lake West Development/Park Valley Estates Case from Minnetonka in which the Minnetonka City Council requested that Lake West reduce the number of lots they had proposed due to the density issue. Mr. Baker said this project creates a hardship for him and would like to see the density changed. He pointed out the new homes would be 21 feet closer to Riverview Road and more visible to him. The security lights would also increase. Currently he is bordered by 4 homes. With the new development it would be 7 homes, 5 of which would be at a higher elevation than his home. He restated that he would like to see the plan reduced to two homes. Another concern is the smoke that will come from the fire pits. The addition of 4 homes would increase the smoke and because of that during the summer, he said, he will have to close the windows and turn on the air conditioning, which is costly for him. And lastly, Mr. Baker said he feels this would not be positive for the market value of his home. Mr. Baker said what he would like from Lake West Development would be to have deeper setbacks from Riverview Road. Less density; two homes instead of four. Security lighting that is placed where it will not be visible from 11544 Landing Road. Gas fireplaces instead of wood burning. Architectural style and materials consistent with existing homes.No trees on his property are to be removed. Minimize the noise, dust and disruption during construction. And an effort by the developer to work with him to address concerns during the planning and construction phases. Chair Stoltz asked if the zoning on this project was changing. Klima said it was not changing. November 25, 2013 Page 3 Chair Stoltz asked the project proponent if he could address the good faith efforts that Mr. Baker requested. Franzen said in this part of the city there are different lot sizes and homes based on what individual developers wanted to build and the topography. The lots and homes on the south side of Riverview road are larger due to the steeper slopes and trees and a custom home builder. On the north side the land is flatter, with smaller lots and smaller homes. The proposed development parcel was zoned R1-13.5 back in the 70's. Since the zoning is in place and the project is conforming, the City cannot impose conditions related to architecture and setbacks. Mr. Wikstrom said in regards to the Minnetonka project, they did receive push back and they did drop down the amount of homes to be developed. As for the good faith efforts requested by Mr. Baker, in regards to deeper setbacks, they do not want to compromise the yards of the homeowners,but they will certainly look into making adjustments. He said, in regards to security lighting, they do not install them,but could discuss this with the builders, as well as putting in gas fireplaces. They will not be removing any trees on the Baker property and will follow the rules in regards to noise, dust and disruption. They will work with Mr. Baker in regards to this. Frank said Mr. Wikstrom shows willingness to work with Mr. Baker. MOTION by Kirk, seconded by Lechelt, to close the public hearing. Motion carried 6-0. MOTION by Kirk, seconded by Lechelt, to recommend approval of the Preliminary Plat of 1.33 acres into 4 lots based on plans stamped dated November 18, 2013 and the staff report dated November 22, 2013. Motion carried 6-0. VII. PLANNERS' REPORT Franzen stated the December 9th meeting will be canceled and the next meeting will be January 13, 2014. VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL No update November 25, 2013 Page 4 IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Kirk, seconded by Frank, to adjourn the meeting. Motion carried 6-0. There being no further business, the meeting was adjourned at 7:32 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings January 21, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community First Reading of Ordinance Relating to Development/Planning Screening of Telecommunications Janet Jeremiah/ Mechanical Equipment Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance amending Chapter 11 relating to screening of telecommunications mechanical equipment. Synopsis In 2013, the City Council directed staff to prepare a code amendment relating to screening of telecommunications equipment. On October 14, 2013 the Planning Commission discussed four options for screening including a metal cabinet, a building, a fence, and landscaping. The Planning Commission directed staff to prepare a code amendment with a metal cabinet as the screening solution of telecommunications equipment with public right of way. The draft code amendment was discussed at the October 25th and November 25th meetings. A metal cabinet in the right of way is the recommended screening solution for telecommunications mechanical equipment due to limited room between the curb and property line. In some situations there are sidewalks and trails. There is not enough room for landscaping to adequately screen equipment. The right of way is also not irrigated. On private property telecommunications mechanical equipment would be required to meet the same screening requirements for heating and air conditioning units. The code requires a physical screen from public roads and adjacent differing land uses. Most existing telecommunications mechanical equipment on private property is located behind a fence or wall, or with a building. Background The proposed amendment: • Adds a definition for telecommunications mechanical equipment to Section 11.02; • Adds telecommunication mechanical equipment to the Screening and Landscaping portion of Section 11.03 (Special Requirements) • Amends Section 11.06 to require that any telecommunication mechanical equipment must be erected, constructed, and maintained in compliance with this section of the City Code; • Adds Subd. 9 to Section 11.06 adding standards for location, setbacks, screening, and permitting of telecommunication mechanical equipment in a public right-of-way. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the code amendment at the November 25, 2013 meeting. Attachments 1. Ordinance 2. Chapter 11 with changes in color 3. Staff Report 10-25-13 4. Staff Report 11-22-13 5. Planning Commission Minutes 10-14-13 6. Planning Commission Minutes 10-28-13 7. Planning Commission Minutes 11-25-13 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 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. City Code Chapter 11, Section 11.02, is hereby amended by adding in alphabetical order the following definition: "Telecommunications mechanical equipment" — mechanical equipment that is necessary for the operation of a tower for Commercial Wireless Telecommunications Services. and renumbering the remaining definitions appropriately. Section 2. City Code Chapter 11, Section 11.03, Subd. 3 G 1 (k) is hereby amended by inserting the word "of' after the word "top"; and inserting the words ", and telecommunications mechanical equipment located on top of,beside or adjacent to a building." after the word building. Section 3. City Code Chapter 11, Section 11.06, Subd. 2 is hereby amended by inserting a comma after the word "tower"; deleting the word "or"; and inserting the words ", or telecommunications mechanical equipment" after the word"antenna". Section 4. City Code Chapter 11, Section 11.06, is hereby amended by inserting a new Subd. 9 to read as follows: Subd. 9. Telecommunications Mechanical Equipment in a Public Right of Way. Telecommunications mechanical equipment located in a public right of way must meet the following requirements: A. Location and Setbacks. Telecommunications mechanical equipment shall be located on the ground beside or adjacent to a tower for Commercial Wireless Telecommunications Services and shall meet the following minimum setback requirements: 1. 10 feet from the existing or planned edge of the pavement; 2. 3 feet from a sidewalk or trail; 3. 50 feet from the nearest intersection right-of-way line; and 4. 50 feet from the nearest principal residential structure. B. Screening. Telecommunications mechanical equipment located in a public right of way and possessing one or more of the following characteristics shall be physically screened from all public roads and adjacent differing land uses within a utility cabinet: 1. Irregular in size and shape; 2. Exposed and/or protruding fans, grills, pipes, tubes, wires, or vents; 3. Unfinished metal covering, exposed rivets, or exposed seams. Screening shall be required at the time of initial installation or at the time of antenna equipment upgrade. C. Permit. Telecommunications mechanical equipment located in a public right of way must receive a right-of-way permit from the appropriate road authority. and renumbering the remaining subdivisions appropriately. Section 5. 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 day of , 2014, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2014. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2014. City Code,Chapter 11 SECTION 11.02.DEFINITIONS 63. "Telecommunications mechanical equipment"—mechanical equipment that is necessary for the operation of a tower for Commercial Wireless Telecommunications Services. SECTION 11.03,ESTABLISHMENT OF DISTRICT,SPECIAL REQUIREMENTS AND PERFORMANCE STANDARDS Subd.3. Special Requirements.The following special requirements shall apply to all Districts: G. Screening and Landscaping. 1. Definitions. For the purposes of this Section,the following terms shall have the meanings stated: (a) Caliper: The length of a straight line measured through the trunk of a tree twelve (12) inches above the base. (b) Coniferous/Evergreen Tree: A woody plant which, at maturity, is at least thirty(30)feet or more in height,with a single trunk,fully branched to the ground,having foliage on the outermost portion of the branches year round. (c) Clear Cutting: Removal of all existing significant natural vegetation on a particular piece of property. (d) Deciduous Overstory Shade Tree: A woody plant which,at maturity,is thirty(30)feet or more in height,with a single trunk,unbranched for several feet above the ground,having a defined crown,and which loses leaves annually. (e) Deciduous Understory Ornamental Tree: A woody plant which, at maturity, is less than thirty (30) feet in height, with a single trunk, unbranched for several feet above the ground,having a defined crown which loses leaves annually. (f) Fence: Any partition, structure, wall, or gate erected as a divider marker, barrier, or enclosure,and located along the boundary or within the required yard. (g) Landscape: Site amenities, including trees, shrubs, ground covers, flowers, fencing, berms,retaining walls,and other outdoor furnishings. (h) Performance Bond: A bond with good and sufficient sureties, approved by the City Manager, which is conditioned upon complete and satisfactory implementation of an approved landscape plan and which names the City as obligee. (i) Plant Material Average Size(Coniferous): The total height of all coniferous trees six(6) feet or over,divided by the total number of such trees. (j) Plant Material Average Size (Shade or Ornamental): The total diameter of all deciduous overstory trees two and one-half(21A) inches or more in diameter, divided by the total number of trees. (k) Mechanical Equipment: Heating, ventilation, exhaust, air conditioning, and communication units integral to and located on top of, beside or adjacent to a building, and telecommunications mechanical equipment located on top of,beside or adjacent to a building. (1) Retaining Wall: A wall or structure constructed of stone, concrete, wood or other materials,used to retain soil,as a slope transition or edge of a planting area. Source: Ordinance No. 15-85 Effective Date: 5-30-85 (m) Screening: A barrier which blocks all views from public roads and adjacent differing land uses to off-street parking areas, loading areas, service and utility areas, and mechanical equipment. Source: Ordinance No.58-87 Effective Date: 1-7-88 4. All landscaping shall be implemented in accordance with the following: (k) Mechanical Equipment Screening: (1) All mechanical equipment mounted on the exterior of a building and possessing one or more of the characteristics listed below in k.3. shall be physically screened from all public roads and adjacent differing land uses with factory prefinished metal, wood laminated with metal, or other building material in a manner architecturally integral to the building or buildings on site. (2) All mechanical equipment located on the ground and possessing one or more of the characteristics listed blow in k.3. shall be physically screened from all public roads and adjacent differing land uses with either plant material or factory prefinished metal, wood laminated with metal, or other building material in a manner architecturally integral to the building or buildings on site. (3) Irregular in size and shape; Exposed and/or protruding fans, grills,pipes, tubes, wires,vents;unfinished metal covering,exposed rivets,exposed seams. SECTION 11.06. TOWERS AND ANTENNAS. Subd. 1. Purpose. In order to accommodate the communication needs of residents and business while protecting the public health, safety, and general welfare of the community, the Council finds that these regulations are necessary in order to: A. Facilitate the provision of commercial wireless telecommunications services to the residents and businesses of the City; B. Minimize adverse visual effects of towers through careful design and siting standards; C. Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements;and D. Maximize the use of existing and approved towers and buildings to accommodate new commercial wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. Subd. 2. Prohibition. No towers antenna, or telecommunications mechanical equipment shall be erected, constructed,maintained,altered or used unless in compliance with this section. Subd. 3. Towers in Rural and Residential Zoning Districts. Towers shall be allowed in the Rural and Residential Zoning Districts only as follows: A. Towers for amateur radio communication and conforming to all applicable provisions of this Code shall be allowed only in the rear and side yards of rural and residential zoned lots. B. Towers for Commercial Wireless Telecommunications Services and conforming to all applicable provisions of this Code shall be allowed only in the following residentially-zoned locations: 1. Parks,when compatible with the nature of the park; 2. Schools;and 3. Public streets and rights-of-way when attached to,or part of a public utility structure. Subd.4. Height. A. The height of a tower shall be determined by measuring the vertical distance from the point of contact with the ground of the tower or the structure to which it is attached(if attached)to the highest point of the tower, including all antennas and other attachments. B. In all zoning districts the maximum height of a tower, except those which are public utility structures located within a Public Street or right-of-way, shall not exceed one foot for each four feet the tower is set back from a Rural or Residential Zoning District up to a maximum height of 150 feet. C. No antenna shall extend more than 20 feet above the highest point of a public utility structure. Subd.5. Setbacks and Location. Towers shall conform with each of the following minimum requirements: A. Towers, except those which are public utility structures, located within a Public Street or right-of-way, shall meet the setbacks of the underlying zoning district, except industrial zoning districts where towers may encroach into the rear setback area, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements. B. Towers,except those which are public utility structures,located within a Public Street or right-of-way shall not be located between a principal structure and a public street,with the following exceptions: 1. In industrial zoning districts,towers may be placed within a side yard abutting an internal street. 2. On sites adjacent to public streets on all sides,towers may be placed within a side yard abutting a street. C. Towers which are public utility structures located in a Public Street or right-of-way need not be set back from a street or right-of-way line. D. A tower's setback may be reduced or its location in relation to a public street varied,at the sole discretion of the City Council, to allow the integration of a tower into an existing or proposed structure such as a Place of Worship steeple, light standard,power line support device or similar structure. Integration may include replication of the existing or proposed structure by a new structure provided the new structure is substantially similar in design and color to the exiting or proposed structure and extends no more than 20 feet above the highest point of the existing or proposed structure. Subd.6. Exceptions. The provisions of Subds.4 and 5 shall not apply to the following: 1. Water towers and poles supporting emergency warning devices to which are attached antennas. 2. Place of Worship sanctuaries,steeples and bell towers to which are attached antennas. 3. In accordance with the preemption ruling PRB 1 of the Federal Communications Commission, towers for amateur radio communication that comply with other provisions of City Code Chapter 11 relating to towers. Subd.7. Co-Location Requirements. All commercial wireless telecommunication towers erected,constructed,or located within the City shall comply with the following requirements: A. A proposal for a new commercial wireless telecommunication services tower shall not be approved unless the City Manager or his designee finds that the telecommunications equipment intended to be attached to the proposed tower cannot be accommodated on an existing or approved tower,public utility structure, or building within one mile (one-half mile for towers under 120 feet in height, one quarter mile for towers under 80 feet in height)of the proposed tower due to one or more of the following reasons: 1. The planned equipment would exceed the structural capacity of the existing or approved tower, public utility structure or building, as documented at applicant's expense by a qualified registered professional engineer, and if owned by applicant the existing or approved tower, public utility structure or building, cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. 2. The planned equipment would cause interference materially impacting the usability of the existing or planned equipment at the tower,public utility structure or building as documented at applicant's expense by a qualified registered professional engineer and the interference cannot be prevented at a reasonable cost. 3. Existing or approved towers,public utility structures and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented at applicant's expense by a qualified registered professional engineer. 4. Other reasons (including but not limited to economic considerations) that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower, public utility structure or building. Subd. 8. Tower and Antenna Design Requirements. Proposed or modified towers and antennas shall meet the following design requirements: A. Towers and antennas shall be designed to blend into the surrounding environment to the maximum extent possible through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. B. Commercial wireless telecommunication service towers, except those which are public utility structures, shall be of a monopole design unless the City Manager or his designee determines that an alternative design would better blend in to the surrounding environment. C. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower and then only at such time or times required. Strobe lights shall not be permitted during the hours between sundown and sunrise. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields,parking lots,or similar areas may be attached to the tower. D. Metal towers shall be constructed of, or treated with, corrosive resistant material. Wood poles shall be impregnated with rot resistant substances. E. No antenna or tower shall have affixed or attached to it in any way, except during time of repair or installation, any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Administration or the Federal Communications Commission,nor shall any tower have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest,or like structure, except during periods of construction or repair. F. The face of an antenna having one face shall not exceed 30 square feet. No face of an antenna having more than one face shall exceed 24 square feet per face. Subd. 9. Telecommunications Mechanical Equipment in a Public Right of Way. Telecommunications mechanical equipment located in a public right of way must meet the following requirements: A. Location and Setbacks. Telecommunications mechancial equipment shall be located on the ground beside or adjacent to a tower for Commercial Wireless Telecommunications Services and shall meet the following minimum setback requirements: 1. 10 feet from the existing or planned edge of the pavement; 2. 3 feet from a sidewalk or trail; 3. 50 feet from the nearest intersection right-of-way line; and 4. 50 feet from the nearest principal residential structure. B. Screening. Telecommunications mechanical equipment located in a public right of way and possessing one or more of the following characteristics shall be physically screened from all public roads and adjacent differing land uses within a utility cabinet: 1. Irregular in size and shape; 2. Exposed and/or protruding fans,grills,pipes,tubes,wires,or vents; 3. Unfinished metal covering,exposed rivets,or exposed seams. Screening shall be required at the time of initial installation or at the time of antenna equipment upgrade. C. Permit. Telecommunications mechanical equipment located in a public right of way must receive a right- of-way permit from the appropriate road authority. Subd. 910. Interference with Public Safety Telecommunications. No new or existing commercial wireless telecommunications services shall interfere with public safety wireless telecommunications. Subd. 1011. Required Approval. Except when review and approval is required pursuant to City Code Section 11.03, Subd. 6. B a tower may not be constructed or increased in size or capacity without the approval of the City Manager or his designee. In the event an application for a tower is disapproved by the City Manager or his designee,the City Manager or his designee shall state the decision,together with the reasons therefor in writing. A notice of, and the written decision shall be given to the applicant by mail at the address stated in the application or such other address as applicant directs by written request to City prior to the giving of such notice. Within thirty (30)days applicant may appeal the decision of the City Manager or his designee to the City's Board of Adjustments and Appeals in accordance with City Code Section 2.11. Subd.4412. Application. An applicant for a permit for the construction of a tower shall make a written application to the City. The application shall include,but not be limited to the following: 1. Name,address,telephone and fax numbers of applicant. 2. Location of proposed tower,including the legal description. 3. The locations of all existing towers within one mile of the location of the proposed tower,together with the distances between the existing towers and the proposed tower. 4. Description of the tower,including its height, size of base,configuration, design,number of antennas to be attached to the tower,potential for additional antennas,color and camouflage treatment and lighting,if any, and materials out of which the tower will be constructed. 5. A certificate by a qualified registered professional engineer in such form as approved by the City Manager or his designee that the applicant's commercial wireless telecommunications services equipment cannot be accommodated on an existing tower in accordance with Subd. 7.A. hereof and a certificate by a qualified registered professional engineer selected or approved by the City Manager or his designee that the commercial wireless telecommunications services to be accommodated on the proposed tower or increase in size or capacity of an existing tower will not interfere with public safety wireless telecommunications. 6. The application shall be accompanied by payment of such fees as provided by City Council resolution. Fees shall include reimbursement to City of its costs, including those incurred for consulting and technical advice relating to the proposed tower. (Sections 11.07 through 11.09,inclusive,reserved for future expansion.) STAFF REPORT: TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: October 25, 2013 SUBJECT: Code Change - Screening of Telecommunication Mechanical Equipment BACKGROUND: At the last meeting the staff asked the commission for general direction on screening solutions for telecommunications mechanical equipment. The commission thought a cabinet was the appropriate solution for mechanical equipment located in the right of way and felt the private sector was doing a good job of screening equipment on private property. CODE CHANGE The code change has setback and screening standards for mechanical equipment in right of way and mechanical equipment on private property. The cabinet in the right of way works best to limited room and sidewalks and trails. There is not enough room for landscaping and the right of way is not irrigated. A cabinet or building works on private property works. Landscaping is not a reliable screening solution year round and requires maintenance and replacement. Fences can provide complete screening but requires maintenance and replacement. STAFF REPORT: TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: November 22, 2013 SUBJECT: Code Change Telecommunications Mechanical Equipment Screening BACKGROUND: This is a continued item from the October 25, 2013 meeting. CODE CHANGE 1. Add a definition for telecommunications mechanical equipment to Section 11.02 Definitions and Section 11.03 Subd. Special Requirements. 2. Amends Section 11.06 Towers and Antennas Subd. 2 that telecommunications mechanical equipment shall be erected, constructed, and maintained in compliance with this section of the code. 3. Adds Subd. 9. Telecommunications Mechanical equipment in a Public Right of way by adding standards for location and setbacks, screening, and permitting. The screening solution in a public right of way is a cabinet. The screening solution on private property is with a building or screening fence architecturally integral to the building on the site, or landscaping. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 14, 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 Julie Klima, Senior Planner Stu Fox, Manager of Parks and Natural Resources Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Kirk was absent. II. APPROVAL OF AGENDA MOTION by Higgins, seconded by Lee, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON SEPTEMBER 23, 2013 MOTION by Frank, seconded by Higgins, to approve the minutes. Motion carried 7-0. Lechelt abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS October 14, 2013 Page 2 VII. PLANNERS' REPORT A. CELL TOWER MECHANICAL EQUIPMENT SCREENING Klima presented a power point presentation on cell tower mechanical equipment screening. The City Council directed staff to prepare a code amendment to address screening of ground mounted mechanical equipment. Staff will ask for direction on screening solutions and return to the Commission on October 28th with a draft amendment. Staff recommendation is; within right of way the cabinet is the best approach since space is limited. On private property, a fence, cabinet, building and landscaping can work since space is not as limited. Chair Stoltz asked if there are any reports of vandalism with these options. Klima said they have not had any. Frank said one solution would be zero visibility. Chair Stoltz asked if there are any safety concerns with exposed wires. Klima said there was not. Frank said to box and camouflage the equipment would be the best solution. Franzen said the industry standards are a box because there is a safety issue. If it is in the right of way, a box that blends is best. Rue said you have to be aware of the site lines and there is always limited space. Higgins asked when the boxes are damaged, how and who fixes them. Franzen said they have a record of the permit, so they would have all of the contact information. Frank said on private property, landscaping would have to be kept up so he asked if they should go with a building. Franzen said on private property this is already being done. Frank said he would like to eliminate landscaping and fence options from private property. Wuttke suggested private property should be eliminated from the ordinance. Chair Stoltz asked Klima if she had enough information from the Commission to come back with a draft amendment. Klima confirmed she did have enough information. VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL Lechelt said the Eden Prairie stations were shortened. There is not going to be a station on Mitchell Road. There will be a vote this week recommending running shallow tunnels. October 14, 2013 Page 3 Franzen said on October 28th there will be a light rail presentation. Chair Stoltz thanked Lee for all of his hard work on the Commission. This will be his last meeting. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Lechelt, seconded by Frank, to adjourn the meeting. Motion carried 7-0. There being no further business, the meeting was adjourned at 9:20 p.m. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 28, 2013 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Jon Stoltz, Katie Lechelt, 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 Chair Stoltz called the meeting to order at 7:00 p.m. Kirk and Lechelt were absent. II. APPROVAL OF AGENDA MOTION by Frank, seconded by Higgins, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON OCTOBER 14, 2013 Egan had an amendment to the Notermann Property Motion. She was not in favor of it because she felt the Commission had enough information for expanding the MUSA for the Lions Tap area only but not enough to make an informed decision on adding the residential piece to the MUSA. The motion should read, Motion carried 6-1. Rue had a change on page 4,paragraph 4, last sentence. He would like it to read; a feasibility study will be done to determine who pays for sewer and water; and the City will only pay for water on Flying Cloud Drive. Wuttke had a change on page 7,under the second motion. He would like the word, "Rural Residential", changed to "Non-Neighborhood Commercial". October 28, 2013 Page 2 MOTION by Egan, seconded by Frank, to approve the minutes as amended. Motion carried 5-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. CODE AMENDMENT—TOWERS & ANTENNA'S SCREENING By City of Eden Prairie Request to: • Amend City Code related to screening of ground based telecommunication equipment in public right-of-way. Franzen said more time is needed to redefine the ordinance and recommends this be continued to the November 25th meeting. MOTION by Higgins, seconded by Frank, to move to continue discussion of the code amendment related to screening of ground based telecommunications equipment to the November 25, 2013 meeting. Motion carried 5-0. VII. PLANNERS' REPORT A. LIGHT RAIL TRANSIT UPDATE PRESENTATION Robert Ellis, Eden Prairie Public Works Director, conducted the Light Rail Transit Update Presentation. He stated it will be an informal presentation to update the Commission on the progress of the LRT. He was also joined with David Lindahl, Economic Development Division Manager. Ellis started out by pointing out the key issues in Eden Prairie. They are: 1. Crossing of Highway 62 2. Crossing of Highway 212 and Shady Oak Road 3. Golden Triangle Station 4. Nine Mile Creek Crossing 5. Valley View Road Crossing 6. Town Center Alignment and Station 7. Southwest Station 8. Mitchell Road Station Ellis pointed out the Metropolitan Council has created numerous committees for public involvement. They are as follows: 1. Community Advisory Committee October 28, 2013 Page 3 2. Business Advisory Committee 3. Technical Project Advisory Committee 4. Corridor Management Committee Ellis said that running parallel with the Met Council is the Hennepin Community Works—TSAAP; they have been working together on this project. He pointed out the Met Council will be hosting 15 open houses. Ellis addressed the key issues and said the first one is the crossing of Highway 62. Minnetonka wanted this to be an underground crossing versus over the top because it would preserve more right-of-way and have less impact to businesses in the area. Next Ellis showed where the first station for the LRT would be located. United Health Group dedicated property for this station and it will be situated on the west side of Highway 212. Ellis showed pictures of what the LRT bridge would look like crossing Highway 212 and Shady Oak Road. Mr. Lindahl said there are concerns from Krause Anderson Realty about the bridge obstructing views from Highway 212 to their 4 buildings in Primetech Park. Ellis pointed out the reason the LRT is not going on the east side is because Shady Oak Road is being re-done right now and they do not want to rip this road up in a few years. The second station would be in the Golden Triangle by the SuperValu Campus. It will be located on W. 70th street. Chair Stoltz asked Franzen if property was set aside for this a few years ago. Franzen concurred and said outlots were set aside for alignment and parking. Ellis pointed out the LRT would be able to go a little faster in the Nine Mile Creek Area. Mr. Lindahl said most property in this area is owned by Liberty Trust and they have been supportive of the project. He also said ShopHQ is concerned with potential vibration and noise from the train. White Board is also concerned about the potential impacts LRT cold have on their property. Mr. Lindahl did say that Liberty Trust does like the new alignment and it should have less impact on their property. Ellis said as the LRT gets ready to cross Valley View Road, another structure would be located there and would go over Valley View Road and land on the west side of Flying Cloud Drive. Ellis showed diagrams of what this would look like. Mr. Lindahl said he has met with a First Western Bank and looked at options to push the LRT further away from the buildings in this area as it will be going by the hotels and there is concern as to the horn blowing of the LRT. As the LRT moves past the hotels, it will go into the Town Center Area. There will be full taking of the Eden Prairie Convenience Center strip mall and Glen Lane and Eden Lane will both have traffic signals. There will be impact to Discount Tires and Redstone. Chair Stoltz asked if Redstone was onboard with this project. Mr. Lindahl said they have been contacted and if the strip mall property is acquired for the project then some of Redstone's parking loss could October 28, 2013 Page 4 potentially be replaced on that property. Champps did have a concern as to how this will impact their outdoor patio area. Chair Stoltz asked how many trains will go by in an hour. Mr. Lindahl said it would be about 220 trains a day. Ellis said it would be about one train every 10 minutes in each direction during peak times; which would be 6-9 am, and 3-6 pm. Ellis said moving west to Lincoln Apartments, they would remain untouched. The next station would then be in the Town Center Area. Mr. Lindahl said that if a new north-south roadway is constructed between Singletree and Technology that Brunswick Bowl could lose up to 50-60 parking spaces. No replacement parking has been identified to mitigate the loss, so the new road will not be built as part of the project. He stated there should be no parking impacts to the Water Town Apartments. Ellis said the next station will be at the Southwest Station. So the LRT would go from Cosco to Prairie Center Drive and would end up on the west side of Prairie Center Drive at the Southwest Station. There have been a lot of questions as to how the light rail will look going through the Southwest Station. Ellis said they want to make sure the Southwest Station survives this transition and they both can exist together. Chair Stoltz asked if they see each other as competitors. Mr. Lindahl said yes, they do see it as a competition. Mr. Lindahl said initially the final fifth station was to be near Mitchell Road at the City Center and now the last station is planned at Southwest Station and will be adding over 1200 parking spaces. Ellis said they are still advocating getting the fifth station on Mitchell Road. Frank asked if they see most of the traffic coming from Eden Prairie. Ellis said it would be Chanhassen and Chaska, along with Eden Prairie. Mr. Lindahl said there is a major concern to put a 1000 plus parking space ramp to the east of the Southwest Station; Santorin's and the other neighboring businesses are concerned with the obstruction of view it will create. Ellis pointed out improvements need to be made to the Eden Prairie Road with or without the LRT. Chair Stoltz asked what the cost would be for the Mitchell Station. Ellis said it would be between 75 and 80 million. Egan asked if there would be a loss of riders if the Mitchell Station does not go up. Ellis said there would be a loss, but he does not have an exact number. Mr. Lindahl said the project is costing more than anticipated and that is why things are being cut. They would still like that fifth station because it would eliminate potential loss in ridership and would lessen the traffic issues at Southwest Station. Frank asked where the Maintenance Facility would be located. Ellis said it is in Hopkins. Chair Stoltz asked if there was a meeting where resident can go to get more information on the LRT. Mr. Lindahl said early next year perhaps in January there will be a municipal consent hearing dedicated to hearing people's concerns about October 28, 2013 Page 5 the project. Chair Stoltz asked if the Planning Commission needs to make any decisions. Franzen said no, the Commission does not need to make any decisions. Ellis said the next step is a 60-90 day analysis of the freight rail issue and then HCRRA and Met Council will meet and approve or deny the Municipal Concept Plan; this will be in February or March. VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL No update IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Wuttke, seconded by Frank, to adjourn the meeting. Motion carried 5-0. There being no further business, the meeting was adjourned at 8:24 p.m. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,NOVEMBER 25, 2013 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Jon Stoltz, Katie Lechelt, Travis Wuttke, Steven Frank, Ann Higgins, Mary Egan STAFF MEMBERS: Mike Franzen, City Planner Julie Klima, Senior Planner Stu Fox, Manager of Parks and Natural Resources Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE —ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Wuttke was absent. II. APPROVAL OF AGENDA MOTION by Lechelt, seconded by Kirk, to approve the agenda. Motion carried 6-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON OCTOBER 28, 2013 Higgins had a change on page 3,paragraph 2. She would like the phrase "right away" changed to "right-of-way". Higgins had a second change on page 4,paragraph 4, third sentence. It should read, "Egan asked..." MOTION by Frank, seconded by Higgins, to approve the minutes as amended. Motion carried 4-0. Kirk and Lechelt abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS November 25, 2013 Page 2 A. CODE AMENDMENT—TOWERS & ANTENNA'S SCREENING (Continued)by City of Eden Prairie Request to: • Amend City Code related to screening of ground based telecommunication equipment in public right-of-way. Franzen presented the code amendment. He stated the code changes are listed in the staff report. The code changes would be to add a definition for telecommunications mechanical equipment to Section 11.02 Definitions and Section 11.03 Subd. Special Requirements. Amends to Section 11.06 Towers and Antennas Subd. 2 that telecommunications mechanical equipment shall be erected, constructed, and maintained in compliance with this section of the code. Add Subd. 9 Telecommunications Mechanical Equipment in a public right of way by adding standards for location and setbacks, screening, and permitting. The screening solution in a public right of way is a cabinet. The screening solution on private property is with a building or screening fence architecturally integral to the building on the site, or landscaping. Chair Stoltz opened up the meeting for public input. There was no input. MOTION by Lechelt, seconded by Kirk, to close the public hearing. Motion carried 6-0. MOTION by Lechelt, seconded by Frank, to recommend approval of the Amendment to City Code related to screening of ground based telecommunications equipment and the staff report dated November 22, 2013. Motion carried 6-0. VII. PLANNERS' REPORT Franzen stated the December 9th meeting will be canceled and the next meeting will be January 13, 2014. VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL No update IX. CONTINUING BUSINESS X. NEW BUSINESS November 25, 2013 Page 3 XI. ADJOURNMENT MOTION by Kirk, seconded by Frank, to adjourn the meeting. Motion carried 6-0. There being no further business, the meeting was adjourned at 7:32 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings January 21, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Community Development Ordinance Amending Housing Improvement Janet Jeremiah, Director Area Ordinance No. 18-2013for Fairway Woods Molly Koivumaki, Housing and II Condominium Association Human Services Manager Requested Action • Move to close the Public Hearing; and • Approve the first and second readings of an Ordinance amending the Fairway Woods II Condominium Association Housing Improvement Area Ordinance 18-2013 pursuant to Minnesota Statutes 428A.11 to 428A.21. Synopsis By Ordinance No. 18-2013 the City established a Housing Improvement Area for Fairway Woods II Condominium Association. The City Council adopted a Resolution approving the Housing Improvement Fee for the Fairway Woods II condominium Association Housing Improvement Area pursuant to Minnesota Statutes 428A.11 to 428A.21. The ordinance included a specific list of housing improvements. The Association has proposed to amend the housing improvement list. Owners have been notified of the proposed amendment of the housing improvement list in accordance with the law. The public hearing notice contains the amended list of improvements. City staff supports the amendment of the housing improvement list. Attachments Notice of Public Hearing Amended Ordinance Resolution for Summary Publication NOTICE OF PUBLIC HEARING 2014 CITY 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 January 21, 2014 at 7:00 p.m. in the Eden Prairie City Council Chambers, 8080 Mitchell Road, Eden Prairie, Minnesota, for the purpose of: 1. Approving a modification to Ordinance No. 18-2013 establishing the Fairway Woods Condominium Association Housing Improvement Area("Fairway Woods II HIA"). This public hearing is being held to consider revisions to the list of improvements in the original ordinance. The cost of the project has not changed. FAIRWAY WOODS II LOCATION N Details regarding the hearing, the improvements, and the fees area as follows: 1. Proposed Improvements: The proposed improvements include: • Siding and Shutters • Window Wrap • Gutters • Front Doors • Garage Doors • Driveway • Exterminating • Exterior Lighting All contracts must comply with Minnesota State Statute 471.345. 2. All persons owning housing units in the Fairway Woods II HIA are subject to the fees established by Ordinance No. 18-2013 and Resolution No. 2013-101. 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 OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING ORDINANCE NUMBER 18-2013 RELATING TO THE FAIRWAY WOODS H CONDOMINIUM ASSOCIATION HOUSING IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES 428A.11 to 428A.21 WHEREAS, the City of Eden Prairie ("City")pursuant to Minn. Stat. 428A.11 to 428A.21, as amended, established by ordinance a housing improvement area known as the "Fairway Woods II Condominium Association Housing Improvement Area" by adoption of Ordinance No. 18-2013 ("Enabling Ordinance"); and WHEREAS, the City is authorized under Minn. Stat. 428A.13 to amend the Enabling Ordinance by complying with specified public notice hearing requirements; and WHEREAS, Minn. Stat. 428A.13, Subd. 3 states that a preliminary list of the Housing Improvements must be provided at the public hearing; and WHEREAS, Section 5 of the Enabling Ordinance set forth the Housing Improvements; and WHEREAS, it is proposed to amend the list of Housing Improvements; and WHEREAS, the amended list of Housing Improvements does not change the cost of the project; and WHEREAS, as required by Minn. Stat. 428A.13, the City held a duly noticed public hearing on January 21, 2014 to consider revising the list of Housing Improvements. All interest parties were given an opportunity to be heard. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. Section 5 of the Enabling Ordinance is hereby deleted. Section 2. Housing Improvements. A preliminary list of the housing improvements to be made in the Fairway Woods II Condominium Association Housing Improvement Area was available at the public hearing held on January 21, 2014. Section 3. Effective Date. This ordinance shall be effective 45 days after adoption hereof, provided, however, that if owners of 45% or more of the housing units within the Fairway Woods II Condominium Association Housing Improvement Area file objections with the City Clerk within 45 days of the adoption of the ordinance,the ordinance shall not become effective. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2014, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2014. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2014. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 1-2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, AMENDING HOUSING IMPROVEMENT AREA ORDINANCE NO. 18-2013 FOR FAIRWAY WOODS II CONDOMINIUM ASSOCIATION THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: The following is only a summary of Ordinance No. 1-2014. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. SUMMARY: The Ordinance amends Ordinance No. 18-2013 relating to the Fairway Woods II Condominium Association Housing Improvement Area by removing the housing improvement list from the Ordinance and indicating that the list of housing improvements was provided at the public hearing. EFFECTIVE DATE. This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on January 30, 2014. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims January 21, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 230083 —230277 Wire Transfers 1006040 — 1006167 Wire Transfers 4909 —4924 Attachments 4911 November Purchasing Card Payment City of Eden Prairie Council Check Summary 1/21/2014 Division Amount Division Amount General 77,609 601 Prairie Village Liquor 110,633 100 City Manager 7,941 602 Den Road Liquor 193,130 101 Legislative 3,118 603 Prairie View Liquor 121,571 102 Legal Counsel 3,360 605 Den Road Building 3,320 110 City Clerk 7,866 701 Water Fund 511,751 111 Customer Service 5,261 702 Sewer Fund 387,366 112 Human Resources 100 703 Storm Drainage Fund 12,590 113 Communications 1,470 Total Enterprise Funds 1,340,360 114 Benefits&Training 5,682 132 Housing and Community Services 10,243 803 Escrow Fund -682 133 Planning 629 806 SAC Agency Fund 77,920 136 Public Safety Communications 2,041 807 Benefits Fund 662,275 137 Economic Development 20 811 Property Insurance 3,417 138 Community Development Admin. 64 812 Fleet Internal Service 93,862 150 Park Administration 2,574 813 IT Internal Service 17,785 151 Park Maintenance 4,011 815 Facilites Operating ISF 36,635 152 Parks Capital Outlay 12,000 816 Facilites City Center ISF 50,198 153 Organized Athletics 260 817 Facilites Comm.Center ISF 54,567 154 Community Center 9,978 Total Internal Service Funds 995,978 156 Youth Programs 290 158 Senior Center 1,064 Report Total 5,298,290 160 Therapeutic Recreation 20 161 Oak Point Pool 41 162 Arts 1,650 163 Outdoor Center 323 168 Arts Center 376 180 Police 36,782 183 Emergency Preparedness 8,535 184 Fire 6,380 186 Inspections 812 200 Engineering 131 201 Street Maintenance 3,236 Total General Funds 213,869 301 CDBG 14,780 304 Senior Board 716 308 E-911 325 309 DWI Forfeiture 300 Total Special Revenue Funds 16,121 427 2005 G.O.IMPR BONDS 274,245 428 G.O.Improv.Revolving 2005B 158,036 433 2007A Facility Lease-3rd Rink 99,813 434 2008A Capital Equipment Notes 31,634 435 2008B G.O.Improvement Bonds 935,618 436 2009C G.O.CIP Refunding Bonds 297,313 437 G.O.Perm.Improv.2010A 92,668 438 G.O.Bonds(SCBA)2011B 84,719 445 Cable PEG 933 Total Debt Service Funds 1,974,976 315 Economic Development 5,730 509 CIP Fund 22,800 528 Shady Oak Rd-CR 61 North 717,124 530 Pool Upgrade/Expansion 9,592 532 EP Road Connect Flying Cloud 1,739 Total Capital Project Funds 756,985 City of Eden Prairie Council Check Register 1/21/2014 Check# Amount Supplier/Explanation Account Description Business Unit Explanation 4909 2,356,376 WELLS FARGO BANK MINNESOTA NA Principal Sewer Fund Bond Payment 1006071 703,520 MAX STEININGER INC Improvement Contracts Shady Oak Rd-CR 61 North Shady Oak/61 North Project 230128 288,827 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Sewer Utility-General Monthly MCES Fee 4913 245,414 CERIDIAN Federal Taxes Withheld Health and Benefits Taxes Withheld 4921 197,600 GENESIS EMPLOYEE BENEFITS,INC HSA Health and Benefits Health/Dental Premium 4916 158,241 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 4910 99,813 WELLS FARGO BANK MINNESOTA NA Interest 2007A Facility Lease-3rd Rink 230226 77,141 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 230215 68,675 JOHNSON BROTHERS LIQUOR CO Wine Imported Den Road Liquor Store 230119 66,065 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 4911 44,699 US BANK Small Tools Water Metering 4917 39,100 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 1006101 37,974 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 230255 34,969 SOUTHERN WINE&SPIRITS OF MN Wine Imported Den Road Liquor Store 1006124 33,669 GREENSIDE INC Contract Svcs-Snow Removal City Hall-CAM 230272 32,719 WIRTZ BEVERAGE MINNESOTA Liquor Prairie Village Liquor Store 1006051 30,951 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment Plant 230225 24,816 METRO MANUFACTURING INC Equipment Repair&Maint Water Treatment Plant 230160 23,912 WIRTZ BEVERAGE MINNESOTA Liquor Prairie Village Liquor Store 230156 23,530 SOUTHERN WINE&SPIRITS OF MN Liquor Den Road Liquor Store 1006166 22,819 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 230089 22,800 ARVIG CONSTRUCTION Other Hardware CIP-Bonds 4915 21,864 ING Deferred Compensation General Fund 1006115 20,739 DIVERSE BUILDING MAINTENANCE Janitor Service Fire Station#1 230273 16,968 WIRTZ BEVERAGE MINNESOTA BEER INC Beer Den Road Liquor Store 1006150 16,966 SCHARBER&SONS Machinery&Equipment Capital Outlay Parks 1006079 16,175 NORTHWEST ASPHALT Improvement Contracts Improvement Projects 2006 230117 15,152 J WOLLMAN ROOFING&CONSTRUCTION Building Repair&Maint. Water Wells 4914 15,026 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 230219 14,648 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Police City Center 230145 13,422 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store 1006114 13,357 DAY DISTRIBUTING Beer Den Road Liquor Store 230084 13,154 AIM ELECTRONICS Contract Svcs-Ice Rink Ice Arena Maintenance 4920 12,918 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 230235 11,941 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 230214 11,053 JJ TAYLOR DISTRIBUTING MINNESOTA Beer Prairie Village Liquor Store 230161 10,953 WIRTZ BEVERAGE MINNESOTA BEER INC Beer Den Road Liquor Store 1006153 10,871 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store 230087 10,515 AQUA ENGINEERING INC Improvement Contracts Shady Oak Rd-CR 61 North 1006055 9,650 DAY DISTRIBUTING Beer Den Road Liquor Store 230109 9,592 HAMMEL,GREEN AND ABRAHAMSON Design&Engineering Pool Upgrade/Expansion 1006131 9,557 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Operating 230243 9,179 PHILLIPS WINE AND SPIRITS INC Wine Imported Den Road Liquor Store 1006152 8,944 STREICHERS Clothing&Uniforms Police 230141 8,600 OLYMPIC HILLS CORP Other Contracted Services Storm Drainage 230100 8,535 EMBEDDED SYSTEMS INC Other Contracted Services Emergency Preparedness 230159 8,115 WINE MERCHANTS INC Wine Imported Prairie Village Liquor Store 230112 7,826 HENNEPIN COUNTY ELECTIONS Equipment Repair&Maint Elections 230247 7,750 PROP Other Contracted Services Housing and Community Service 230193 7,750 EARL F ANDERSEN INC Signs Sewer Utility-General 1006083 7,585 SENIOR COMMUNITY SERVICES Refunds CDBG-Public Service 1006103 7,462 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM Check# Amount Supplier/Explanation Account Description Business Unit Explanation 230108 7,203 GRAYMONT Treatment Chemicals Water Treatment Plant 1006072 7,144 METRO SALES INCORPORATED* Other Rentals Customer Service 4919 7,020 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 1006102 6,962 ADVANCED ENGINEERING&ENVIRONMENTAL SE Process Control Services Water Capital 1006089 6,769 THORPE DISTRIBUTING Wine Domestic Den Road Liquor Store 230184 6,057 CORNERHOUSE Other Contracted Services Police 1006138 5,863 MINNESOTA DIRT WORKS INC Improvement Contracts Fixed Assets-Trails 1006113 5,829 DAKOTA SUPPLY GROUP INC Merchandise for Resale Den Road Liquor Store 230240 5,730 NORTHERN HOME SEAL&PRODUCTS Other Contracted Services Project Fund 230238 5,432 NOKOMIS SHOE SHOP Clothing&Uniforms Utility Operations-General 230142 5,412 OLYMPIC HILLS GOLF CLUB Operating Supplies Internal Events 230271 5,206 WINE MERCHANTS INC Wine Imported Den Road Liquor Store 1006163 5,056 WINE COMPANY,THE Wine Imported Den Road Liquor Store 1006132 4,848 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 1006052 4,421 CERIDIAN Ceridian IT Operating 230171 4,386 ARTISAN BEER COMPANY Beer Den Road Liquor Store 1006064 4,175 HAWKINS INC Treatment Chemicals Water Treatment Plant 1006106 4,149 BELLBOY CORPORATION Liquor Prairie View Liquor Store 230157 4,000 ST PAUL POLICE DEPARTMENT-PDI Capital Under$25,000 Police 230154 3,939 SIEMENS WATER TECHNOLOGIES LLC Repair&Maint.Supplies Water Treatment Plant 1006109 3,887 CENTERPOINT ENERGY Gas Crestwood Park 1006092 3,789 VAN PAPER COMPANY Cleaning Supplies Senior Center 1006098 3,624 WINE COMPANY,THE Wine Imported Prairie Village Liquor Store 230203 3,609 GRAYMONT Treatment Chemicals Water Treatment Plant 230118 3,588 JJ TAYLOR DISTRIBUTING MINNESOTA Beer Prairie View Liquor Store 230144 3,495 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 1006099 3,472 WM MUELLER AND SONS INC Gravel Water System Maintenance 1006080 3,429 PARK SUPPLY OF AMERICA INC Contract Svcs-Plumbing Fitness/Conference-Cmty Ctr 230153 3,409 SHORT ELLIOTT HENDRICKSON INC Design&Engineering EP Rd Connect to Flying Cloud 230242 3,361 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 230155 3,360 SOLDO CONSULTING PC Legal Legal Council 230115 3,350 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 230209 3,246 HOHENSTEINS INC Beer Prairie View Liquor Store 230246 3,160 PROP Refunds CDBG-Public Service 230234 3,089 MN DEPT OF TRANSPORTATION Testing-Soil Boring Shady Oak Rd-CR 61 North 230181 3,082 CENTURYLINK Elevators IT Telephone 230237 2,900 MPPOA Dues&Subscriptions Police 230244 2,782 POWERPLAN OIB Equipment Parts Fleet Operating 1006087 2,650 STAR TRIBUNE MEDIA COMPANY LLC Employment Advertising Organizational Services 230264 2,629 THYMES TWO INC Contract Svcs-Lawn Maint Den Bldg.-CAM 230206 2,530 HENNEPIN COUNTY HOUSING,COMMUNITY WORKS Refunds CDBG-Public Service 1006122 2,486 GRAINGER Small Tools Facilities Staff 1006160 2,484 VINOCOPIA Liquor Den Road Liquor Store 230202 2,466 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 1006094 2,381 VINOCOPIA Liquor Prairie Village Liquor Store 230224 2,350 MEALS ON WHEELS Other Contracted Services Housing and Community Service 1006063 2,280 HACH COMPANY Lab Supplies Utility Operations-General 230125 2,174 MAGNET FORENSICS Software IT Operating 230220 2,161 LAMETTRY'S COLLISION,INC LAKEVILLE Insurance Property Insurance 1006162 2,150 WHEELER HARDWARE COMPANY Contract Svcs-General Bldg Pool Maintenance 230249 2,144 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 1006075 2,085 MINNESOTA RECREATION&PARK ASSOCIATION Dues&Subscriptions Parks Administration 1006088 1,910 STREICHERS Clothing&Uniforms Police 1006081 1,900 POMP'S TIRE SERVICE INC Tires Fleet Operating 1006121 1,896 GENUINE PARTS COMPANY Equipment Parts Fleet Operating 230123 1,790 MACK,RICHARD AR Utility Water Enterprise Fund 1006090 1,747 UNIQUE PAVING MATERIALS Repair&Maint.Supplies Water System Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1006100 1,740 XCEL ENERGY Electric Traffic Signals 1006044 1,711 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 1006045 1,652 BELLBOY CORPORATION Liquor Prairie Village Liquor Store 230091 1,628 BERNICK'S WINE Misc Non-Taxable Prairie Village Liquor Store 1006143 1,525 PAUL'S TWO-WAY RADIO Equipment Repair&Maint Public Safety Communications 1006157 1,519 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Fire 230136 1,471 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire 230107 1,460 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 230248 1,434 RETROFIT COMPANIES,INC,THE Supplies-Electrical Fitness/Conference-Cmty Ctr 230185 1,352 CORNERSTONE Tuition Reimbursement/School Police 1006110 1,349 CERIDIAN Ceridian IT Operating 230210 1,343 ND SCHOOL DISTRICT#272 Refunds CDBG-Public Service 1006134 1,325 MCNEILUS STEEL INC Equipment Parts Fleet Operating 230201 1,269 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 230221 1,256 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 1006070 1,233 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 1006158 1,228 USA MOBILITY WIRELESS INC Pager&Cell Phone IT Operating 230186 1,226 COSTCO Employee Award Concessions 230228 1,189 MIDWEST COCA COLA BOTTLING COMPANY Misc Taxable Den Road Liquor Store 230095 1,154 CENTURYLINK Telephone IT Telephone 1006041 1,126 ANCHOR PAPER COMPANY Office Supplies Customer Service 230223 1,100 LOGIN/IACP Dues&Subscriptions Police 230196 1,080 EDINA,CITY OF Other Contracted Services Communications 1006108 1,047 CARDIAC SCIENCE CORPORATION EMS Supplies Fire 230167 1,038 ALTERNATIVE BUSINESS FURNITURE INC Supplies-General Bldg Police City Center 1006060 1,038 FORCE AMERICA Equipment Parts Fleet Operating 230170 1,031 ARENA SERVICES AND PRODUCTS Contract Svcs-Ice Rink Ice Arena Maintenance 230121 1,006 KEEPERS Protective Clothing Police 230175 995 BCA/CRIMINAL JUSTICE TRAINING&EDUCATIO Tuition Reimbursement/School Police 1006040 964 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Repair&Maint Fleet Operating 4923 950 GENESIS EMPLOYEE BENEFITS,INC HSA Health and Benefits 1006050 938 CARLSTON,BRANDON Clothing&Uniforms General Fund 230239 936 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 1006123 933 GRANICUS INC Equipment Repair&Maint Cable PEG 1006159 929 VAN PAPER COMPANY Cleaning Supplies Prairie View Liquor Store 1006164 856 WM MUELLER AND SONS INC Gravel Water System Maintenance 230133 848 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water Metering 230085 846 ALTERNATIVE BUSINESS FURNITURE INC Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 1006167 843 ZIEGLER INC Equipment Repair&Maint Water Treatment Plant 1006112 839 CUSTOM HOSE TECH Equipment Parts Fleet Operating 230178 831 BOURGET IMPORTS Wine Imported Den Road Liquor Store 1006043 812 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 1006149 800 SACKETT,MATTHEW Tuition Reimbursement/School Organizational Services 230158 792 STAPLES ADVANTAGE Office Supplies Customer Service 230205 771 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 1006146 762 PROSOURCE SUPPLY Supplies-General Bldg Fitness/Conference-Cmty Ctr 1006061 730 GOOD,JAMIE Tuition Reimbursement/School Organizational Services 1006161 723 WATSON CO INC,THE Merchandise for Resale Concessions 230231 710 MINNESOTA CHIEFS OF POLICE ASSOC Dues&Subscriptions Police 1006049 672 CANNON RIVER WINERY Wine Domestic Prairie Village Liquor Store 1006144 667 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs-Roof Ice Arena Maintenance 1006042 657 ASCAP Licenses,Permits,Taxes Staring Lake Concert 230259 641 ST CROIX TREE SERVICE INC Other Contracted Services Tree Removal 1006058 635 EPA AUDIO VISUAL INC Hardware Maintenance IT Operating 230092 629 BERRY COFFEE COMPANY Merchandise for Resale Concessions 230208 629 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 230256 621 SPECIAL SERVICES GROUP LLC Dues&Subscriptions Police Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1006140 610 NEW FRANCE WINE COMPANY Wine Imported Den Road Liquor Store 230149 609 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 1006047 609 BIFFS INC Waste Disposal Park Maintenance 230164 600 ZOTA SAFETY SERVICES LLC Tuition Reimbursement/School Fire 230163 593 XTREME INTEGRATION Miscellaneous IT Operating 230260 574 STAPLES ADVANTAGE Office Supplies Customer Service 1006062 569 GRAINGER Small Tools Water Treatment Plant 1006151 563 STONEBROOKE Reimbursement Fleet Operating 1006120 558 FASTSIGNS Printing Winter Theatre 230114 554 HOHENSTEINS INC Beer Den Road Liquor Store 1006077 553 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1006126 551 IDEAL SERVICE INC Equipment Repair&Maint Water Wells 1006119 539 FASTENAL COMPANY Advertising Fleet Operating 230093 534 BOURGET IMPORTS Wine Imported Prairie Village Liquor Store 4922 532 LIFE INSURANCE COMPANY OF NORTH AMERICA Other Contracted Services Health and Benefits 1006125 529 HD SUPPLY FACILITIES MAINTENANCE Supplies-Electrical City Center Operations 230110 521 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water Enterprise Fund 230257 515 SPEEDPRO IMAGING INC Operating Supplies Ice Rink#1 1006097 510 WILSON,JOHN D. Clothing&Uniforms General Fund 4918 500 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 1006059 483 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 230199 460 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 230088 432 ARTISAN BEER COMPANY Beer Prairie Village Liquor Store 230130 424 MIDWEST COCA COLA BOTTLING COMPANY Misc Taxable Prairie Village Liquor Store 230270 421 VERIZON WIRELESS Telephone Park Maintenance 230198 416 FLAHERTYS HAPPY TYME COMPANY Misc Taxable Prairie View Liquor Store 230139 414 OLSEN COMPANIES Clothing&Uniforms Utility Operations-General 230099 409 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Administration 230183 409 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld General Fund 230204 397 GYM WORKS Equipment Repair&Maint Fitness Center 1006096 395 WATSON CO INC,THE Merchandise for Resale Concessions 1006111 391 CLAREY'S SAFETY EQUIPMENT Supplies-Fire/Life/Safety Public Works/Parks 230180 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 1006127 387 JEFFERSON FIRE&SAFETY INC Protective Clothing Fire 230174 384 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 230251 384 RINK SYSTEMS INC Contract Svcs-Ice Rink Facilities Operating ISF 230177 373 BLAINE BROTHERS Equipment Repair&Maint Fleet Operating 1006053 371 CONCRETE CUTTING&CORING INC Clothing&Uniforms Street Maintenance 230168 367 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service-General Bldg Prairie Village Liquor Store 230165 366 3D SPECIALTIES Supplies-General Bldg City Hall-CAM 1006142 358 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Hall-CAM 230083 347 ACCELERATED TECHNOLOGIES LLC Equipment Repair&Maint Fitness Classes 230105 343 FLEETPRIDE INC Equipment Repair&Maint Fleet Operating 1006147 342 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1006130 322 LOCATORS&SUPPLIES INC Equipment Parts Fleet Operating 230173 320 BALTZER,DARRELL AR Utility Water Enterprise Fund 1006139 311 MULCAHY COMPANY INC Building Repair&Maint. Water Treatment Plant 1006117 309 EF JOHNSON Equipment Repair&Maint Public Safety Communications 230263 300 TCALMC Training Supplies Organizational Services 230146 295 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 1006165 290 XCEL ENERGY Electric Forest Hills Park 1006116 290 DUNGAN,TRACY Mileage&Parking Community Center Admin 230191 289 DISPLAY ARTS Other Contracted Services Storm Drainage 1006091 284 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 230232 277 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 230176 270 BERNICK'S WINE Beer Prairie Village Liquor Store 230274 262 BLAIR,CHRIS Miscellaneous Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Explanation 230135 255 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 230152 243 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie View Liquor Store 1006135 221 MENARDS Office Supplies Water Metering 1006074 220 MINNESOTA ATHLETIC APPAREL Canine Supplies Police 230253 218 SEELYE Repair&Maint.Supplies Water Treatment Plant 1006067 212 KIDS TEAM TENNIS LLC Instructor Service Tennis 230101 200 FERRENTINO,CANDYCE Other Contracted Services Water Treatment Plant 230132 200 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses&Taxes Fire Station#1 230172 200 ASSOCIATION OF TRAINING OFFICERS OF MINN Dues&Subscriptions Police 230222 200 LOES OIL COMPANY Waste Disposal Fleet Operating 1006137 197 MICHAELSON,ELIZABETH H Operating Supplies General Fund 1006068 188 LANZI,BOB Mileage&Parking Ice Rink#1 230122 184 LIGHTNING PRINTING INC Printing Winter Theatre 230116 184 INDUSTRIAL AND RESIDENTIAL LIGHTING INC Lab Supplies Water Treatment Plant 230126 175 MERSC Dues&Subscriptions Organizational Services 230212 175 INFORMATION POLICY ANALYSIS Tuition Reimbursement/School Police 1006066 175 KIDCREATE STUDIO Instructor Service Arts Center 230211 174 INDEED BREWING COMPANY LLC Beer Prairie View Liquor Store 230254 171 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 1006065 170 HD SUPPLY FACILITIES MAINTENANCE Supplies-Plumbing Facilities Staff 230233 168 MINNESOTA WANNER COMPANY Operating Supplies Fire Station#1 230120 165 KAPLAN,NANCY AR Utility Water Enterprise Fund 230086 164 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store 230140 162 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Fleet Operating 230192 158 DOMACE VINO Wine Domestic Den Road Liquor Store 1006082 158 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1006105 158 BATTERIES PLUS Supplies-Electrical Den Road Liquor Store 230179 155 BRETTIN,MATTHEW Refunds Environmental Education 1006145 152 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Fitness/Conference-Cmty Ctr 230187 150 CRIME STOPPERS OF MINNESOTA Dues&Subscriptions Police 230227 150 MIAMA Dues&Subscriptions Facilities Staff 230241 150 PATEL,PINKLE Refunds Environmental Education 230265 150 TIPPIE,WILLIAM Refunds Environmental Education 230269 150 USPCA REGION 18 Dues&Subscriptions Police 230127 148 METRO APPLIANCE RECYCLING Waste Disposal Fleet Operating 1006093 140 VERLEY,VALERIE Mileage&Parking Athletic Programs Admin 1006054 140 CUSTOM HOSE TECH Equipment Parts Fleet Operating 1006104 137 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 1006133 133 MATHESON TRI-GAS INC Operating Supplies Fleet Operating 1006095 126 VOLT Other Contracted Services Storm Drainage 1006129 125 LINDHOLM,HEATHER Tuition Reimbursement/School Fitness Classes 230147 120 PLASTICPRINTERS.COM Operating Supplies Prairie Village Liquor Store 230207 120 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 230245 120 PRAHA DISTRIBUTING Misc Non-Taxable Den Road Liquor Store 230258 120 SQUARE CUT Instructor Service Senior Center Programs 230267 120 UNIVERSAL ATHLETIC SERVICES INC Awards Basketball 1006046 115 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 230106 115 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance 1006076 114 MPX GROUP,THE Printing Police 1006148 111 RUE,RODNEY Mileage&Parking Engineering 1006085 109 SPRINT Computers IT Operating 230194 105 EATS Contract Svcs-Garden Romm Garden Room Repairs 230190 102 DIRECTV Cable TV Community Center Admin 1006078 101 NORTH CENTRAL LABORATORIES Lab Supplies Water Treatment Plant 230111 100 HEGLAND,MICHAEL Refunds Environmental Education 230113 100 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 230197 100 ELY,LAUREL Refunds Environmental Education Check# Amount Supplier/Explanation Account Description Business Unit Explanation 230218 100 KOROLEWSKI,RYAN Refunds Environmental Education 1006057 100 EICHMAN,NATHAN Clothing&Uniforms General Fund 1006154 99 TOLL GAS AND WELDING SUPPLY Operating Supplies Fleet Operating 1006084 98 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations 230217 97 KEEPERS Clothing&Uniforms Reserves 1006141 92 NUCO2 INC Supplies-Pool Pool Maintenance 4912 92 CERIDIAN Garnishment Withheld General Fund 230169 92 APCO INTERNATIONAL Dues&Subscriptions Police 230131 90 MINNESOTA DEPT OF AGRICULTURE Licenses&Taxes Street Maintenance 1006069 87 LUBRICATION TECHNOLOGIES INC Equipment Parts Fleet Operating 230166 85 AIAFS Tuition Reimbursement/School Police 230230 85 MINN OFFICE OF ENTERPRISE TECHNOLOGY Other Contracted Services Police 230268 80 USPCA REGION 12 Dues&Subscriptions Police 230275 76 HAYDEN,EMILY M Deposits Escrow 4924 75 GENESIS EMPLOYEE BENEFITS,INC HSA General Fund 230236 75 MPELRA Conference/Training Human Resources 1006107 73 BOYER TRUCKS Equipment Parts Fleet Operating 230229 72 MILLER,KATHY Deposits-P&R Refunds Community Center Admin 230182 72 CENTURYLINK Process Control Services Water Treatment Plant 230104 69 FLEET MAINTENANCE INC Equipment Parts Fleet Operating 1006086 68 SPS COMPANIES Repair&Maint.Supplies Water Treatment Plant 230096 63 DAILEY DATA&ASSOCIATES Computers Prairie Village Liquor Store 230129 61 MID AMERICA METER INC Equipment Repair&Maint Water Metering 230195 60 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Economic Development 230250 59 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating 1006118 59 EIDE,CHRISTINA Mileage&Parking Community Center Admin 230200 55 G&K SERVICES Clothing&Uniforms Fleet Operating 230216 55 JOHNSON,WENDY Deferred Revenue General Fund 230266 52 UNIFORMS UNLIMITED Clothing&Uniforms General Fund 230094 50 BUSCH,STEVE Refunds Environmental Education 230138 50 O'LEARY,MCIHAEL Refunds Environmental Education 230148 50 RITZINGER,LISA Refunds Environmental Education 1006073 49 METROPOLITAN FORD Equipment Parts Fleet Operating 230098 49 DIRECTV Other Contracted Services Police 1006128 48 KIDS TEAM TENNIS LLC Instructor Service Tennis 230102 47 FIRE SAFETY USA INC Equipment Repair&Maint Fire 230134 46 MINNESOTA POLLUTION CONTROL AGENCY Licenses&Taxes Sewer Utility-General 230124 40 MACT Operating Supplies Theatre Initiative 230137 40 MN PRIMA Dues&Subscriptions Customer Service 230150 40 SENIOR COMMUNITY SERVICES Deposits-P&R Refunds Senior Center Programs 230162 40 WMCA Conference/Training City Clerk 230252 38 SCHLANGEN,KATHY Deposits-P&R Refunds Community Center Admin 230276 36 KNUTSON,KEVIN Deposits Escrow 230277 32 STORDAHL,ETHAN K Deposits Escrow 1006156 31 UPS Office Supplies Escrow 230189 31 DAILEY DATA&ASSOCIATES Computers Den Road Liquor Store 1006155 30 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie View Liquor Store 230188 27 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 230213 25 IPMA-HR MN Conference/Training Human Resources 230143 25 PARK JEEP INC Equipment Parts Fleet Operating 1006048 23 BOYER TRUCKS Equipment Parts Fleet Operating 230090 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance 1006136 20 METROPOLITAN MECHANICAL CONTRACTORS Cash Over/Short General Fund 230262 18 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 230097 18 DAVANNI'S PIZZA Merchandise for Resale Concessions 230103 11 FISERV INC Bank and Service Charges Water Accounting 1006056 2 EDEN PRAIRIE FIREFIGHTERS RELIEF ASSOC Union Dues Withheld General Fund Check# Amount Supplier/Explanation Account Description Business Unit Explanation 5,298,290 Grand Total City of Eden Prairie Purchasing Card Payment Report November Purchases Amount Explanation Vendor Account Description Business Unit 134 US-tools HOME DEPOT CREDIT SERVICES Small Tools Sewer Liftstation 14 US-conf NLC Seattle MARKET TO GO Travel Expense City Council 65 US-conf NLC Seattle YELLOW CAB Travel Expense City Council 11 US-conf NLC Seattle SUBWAY Travel Expense City Council 9 US-conf NLC Seattle YELLOW CAB Travel Expense City Council 8 US-conf NLC Seattle YELLOW CAB Travel Expense City Council 234 US-NLC conf Brad Nancy Sherry FAIRMONT SHUCKERS Travel Expense City Council 23 US-conf NLC Seattle LOWELLS Travel Expense City Council 14 US-conf NLC Seattle LA CREPERIE VOILA Travel Expense City Council 13 US-conf NLC Seattle TAXI Travel Expense City Council 15 US-conf NLC Seattle SEATTLE BOTANICA Travel Expense City Council 27 US-conf NLC Seattle TAXI Travel Expense City Council 545 US-holiday lunch ANNIE'S CAFE Special Event Fees Senior Center Programs 19 US-holiday lunch ANNIE'S CAFE Special Event Fees Senior Center Programs 168 US-kitchen supplies US FOOD CULINARY EQUIPMENT&S Operating Supplies Senior Board -1 US-kitchen supplies US FOOD CULINARY EQUIPMENT&S Operating Supplies Senior Board 28 US-supplies RAINBOW FOODS INC. Office Supplies Senior Center Admin 599 US-employee recogntion lunch BIAGGI'S RISTORANTE ITALIANO Miscellaneous Internal Events 10 US-Card supplies WALMART COMMUNITY Operating Supplies Senior Center Programs 136 US-coffee COFFEE WHOLESALE Operating Supplies Senior Center Programs 549 US-coffee maker COFFEE WHOLESALE Operating Supplies Senior Board 39 US-inspection mirror NAPA AUTO PARTS Repair&Maint.Supplies Sewer Utility-General -17 US-return MENARDS Operating Supplies Park Maintenance 38 US-supplies MENARDS Operating Supplies Park Maintenance 11 US-torch MENARDS Operating Supplies Park Maintenance 115 US-shop supplies NAPA AUTO PARTS Repair&Maint.Supplies Sewer System Maintenance 52 US-hand lotion MENARDS Equipment Repair&Maint Utility Operations-General 23 US-nlc conf meal RUTH'S SEATTLE Travel Expense City Council 12 US-nlc conf meal STARBUCKS Travel Expense City Council 18 US-nlc conf meal CAFE PALOMA Travel Expense City Council 18 US-nlc conf meal STARBUCKS Travel Expense City Council 152 US-nlc conf meal MCCORMICKS FISH HOUSE Travel Expense City Council 20 US-CC personal use R Case MCCORMICKS FISH HOUSE Deposits Escrow 26 US-nlc conf meal LOWELLS Travel Expense City Council 17 US-nlc conf meal STARBUCKS Travel Expense City Council 15 US-nlc conf meal MOLLY MOONS CAPITOL Travel Expense City Council 14 US-nlc conf meal STARBUCKS Travel Expense City Council 60 US-taxi-nlc conf TAXI Travel Expense City Council 6 US-nlc conf meal STARBUCKS Travel Expense City Council 44 US-nlc conf meal YELLOW CAB Travel Expense City Council 32 US-nlc conf meal AFRICA LOUNGE Travel Expense City Council 1,409 US-hotel nlc conf HYATT HOTELS Travel Expense City Council 60 US-taxi-nlc conf TAXI Travel Expense City Council 14 US-supplies NORTHERN TOOL&EQUIPMENT Operating Supplies Street Maintenance -14 US-return supplies NORTHERN TOOL&EQUIPMENT Operating Supplies Street Maintenance 41 US-starring park elec supplies MENARDS Building Repair&Maint. Park Maintenance 24 US-homeward hills hockey/shop MENARDS Operating Supplies Park Maintenance Amount Explanation Vendor Account Description Business Unit 17 US-flying cloud electric HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 19 US-maint supplies MENARDS Repair&Maint.Supplies Water Treatment Plant 26 US-spin dr parts NORTHERN TOOL&EQUIPMENT Repair&Maint.Supplies Water Treatment Plant 259 US-slaker parts MENARDS Repair&Maint.Supplies Water Treatment Plant 124 US-Mandy Matula funeral BACHMANS CREDIT DEPT Operating Supplies Fire 139 US-flowers for funeral M Bergq BACHMANS CREDIT DEPT Operating Supplies Fire 32 US-frames MICHAELS-THE ARTS&CRAFTS S Operating Supplies Fire 50 US-meeting NOTHING BUNDT CAKES Operating Supplies Fire 146 US-flowers for funeral-D Hayde BACHMANS CREDIT DEPT Operating Supplies Fire 11 US-bags for supplies TARGET Operating Supplies Fire 385 US-conf registration K Cox INTERNATIONAL ASSOCIATION Prepaid Expenses General Fund 385 US-conf regis.J Meuwissen INTERNATIONAL ASSOCIATION Prepaid Expenses General Fund 125 US-flowers for funeral M Feltm BACHMANS CREDIT DEPT Operating Supplies Fire 126 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 65 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 16 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 118 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 16 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 42 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 24 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 17 US-café food BRUEGGERS BAGEL Merchandise for Resale Concessions 191 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 128 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 73 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 23 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 17 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 271 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 24 US-café food FRATTALLONE'S/MINNETONKA ACE Merchandise for Resale Concessions 25 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 17 US-café food BRUEGGERS BAGEL Merchandise for Resale Concessions 105 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 155 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 45 US-boiler license K Carlson DEPT OF LABOR&INDUSTRY Licenses,Permits,Taxes,Fees Utility Operations-General 399 US-teeter hang up TEETER TV Miscellaneous Utility Operations-General 63 US-batteries&mouse bait MENARDS Repair&Maint.Supplies Water Treatment Plant 90 US-special events ORIENTAL TRADING Operating Supplies Special Events(CC) 25 US-office supplies HOME DEPOT CREDIT SERVICES Office Supplies Community Center Admin -85 US-refund APPARELNBAGS.COM Clothing&Uniforms Community Center Admin 31 US-office supplies POSPAPER.COM Office Supplies Community Center Admin -1,344 US-CC Fraud R Ellis US BANK Deposits Escrow -4 US-CC Fraud R Ellis US BANK Deposits Escrow -4 US-CC Fraud R Ellis US BANK Deposits Escrow -4 US-CC Fraud R Ellis US BANK Deposits Escrow -20 US-CC Fraud R Ellis US BANK Deposits Escrow -4 US-CC Fraud R Ellis US BANK Deposits Escrow -20 US-CC Fraud R Ellis US BANK Deposits Escrow -4 US-CC Fraud R Ellis US BANK Deposits Escrow -20 US-CC Fraud R Ellis US BANK Deposits Escrow -4 US-CC Fraud R Ellis US BANK Deposits Escrow -20 US-CC Fraud R Ellis US BANK Deposits Escrow -4 US-CC Fraud R Ellis US BANK Deposits Escrow Amount Explanation Vendor Account Description Business Unit -171 US-CC Fraud R Ellis US BANK Deposits Escrow -4 US-CC Fraud R Ellis US BANK Deposits Escrow -4 US-CC Fraud R Ellis US BANK Deposits Escrow -4 US-CC Fraud R Ellis US BANK Deposits Escrow -10 US-CC Fraud R Ellis US BANK Deposits Escrow 4 US-CC Fraud R Ellis US BANK Deposits Escrow 10 US-CC Fraud R Ellis US BANK Deposits Escrow 4 US-CC Fraud R Ellis US BANK Deposits Escrow 10 US-CC Fraud R Ellis US BANK Deposits Escrow 4 US-CC Fraud R Ellis US BANK Deposits Escrow 4 US-CC Fraud R Ellis US BANK Deposits Escrow 4 US-CC Fraud R Ellis US BANK Deposits Escrow -4 US-CC Fraud R Ellis US BANK Deposits Escrow -10 US-CC Fraud R Ellis US BANK Deposits Escrow -4 US-CC Fraud R Ellis US BANK Deposits Escrow -10 US-CC Fraud R Ellis US BANK Deposits Escrow -4 US-CC Fraud R Ellis US BANK Deposits Escrow -4 US-CC Fraud R Ellis US BANK Deposits Escrow 29 US-concrete footings MENARDS Building Materials Outdoor Center 13 US-MN FAC SHAMROCKS Operating Supplies Fire 71 US-food TAVERN 4&5 Operating Supplies Fire 6 US-parking STANDARD PARKING Mileage&Parking Fire 27 US-food VNAM VIETNAMESE RESTAURANT Operating Supplies Fire 70 US-Farewell event-J Rosendahl MINNESOTA STATE FIRE CHIEFS AS Operating Supplies Fire 7 US-headlight O'REILLY AUTOMOTIVE INC Operating Supplies Fire 130 US-lockbox AMAZON.COM Miscellaneous IT Operating 135 US-lockbox AMAZON.COM Miscellaneous IT Operating 24 US-sharepoint/lync online MICROSOFT CORPORATE Software IT Operating 39 US-video game AMAZON.COM Miscellaneous IT Operating 75 US-ribbon ZPSSTORE.COM Computers IT Operating 38 US-dvd player BEST BUY Miscellaneous IT Operating 71 US-battery AMAZON.COM Miscellaneous IT Operating 22 US-parking 501 SELF PARK 1NTERPARK Travel Expense Administration 34 US-dinner SEATTLE DAILY GRILL Travel Expense Administration 51 US-taxi from airport TAXI Travel Expense Administration 25 US-bag fee SUN COUNTRY Travel Expense Administration 25 US-bag fee SUN COUNTRY Travel Expense Administration 46 US-taxi to airport TAXI Travel Expense Administration 46 US-R Getschow CC charge in err TAXI Deposits Escrow 1,127 US-Hotel R getshow HYATT HOTELS Travel Expense Administration 56 US-skate lesson toys TARGET Operating Supplies Ice Rink#1 637 US-neighborhood watch NATIONAL NEIGHBORHOOD WATCH IN Printing Police 31 US-streets lath HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 21 US-deck-outdoor ctr HOME DEPOT CREDIT SERVICES Building Repair&Maint. Outdoor Center 13 US-fire sirens KRAEMERS HARDWARE INC Operating Supplies Street Maintenance 13 US-fire dept sirens KRAEMERS HARDWARE INC Operating Supplies Street Maintenance 37 US-cd siren SUPERAMERICA Operating Supplies Street Maintenance -16 US-cd sirens return KRAEMERS HARDWARE INC Operating Supplies Street Maintenance 11 US-garbage for tammys office OFFICEMAX CREDIT PLAN Office Supplies Prairie Village Liquor Store 75 US-health and wellness meeting CRUMB GOURMET DELI Miscellaneous Parks Administration 64 US-frames for staff photos WALMART COMMUNITY Miscellaneous Parks Administration Amount Explanation Vendor Account Description Business Unit 27 US-vent for flying cloud MENARDS Building Repair&Maint. Park Maintenance 22 US-LRT mtg STANDARD PARKING Mileage&Parking Community Development Admin. 14 US-LRT lunch meeting CROSS ROADS DELI Miscellaneous Community Development Admin. 132 US-rsisstance tubing for group BLACK MOUNTAIN Operating Supplies Fitness Classes 62 US-group ex equip AMAZON.COM Operating Supplies Fitness Classes 352 US-water ex equip ADOLPH KIEFER&ASSOCIATES Operating Supplies Fitness Classes 299 US-group ex equip YOGAACCESSORIES.COM Operating Supplies Fitness Classes 48 US-membership promotion TARGET Operating Supplies Community Center Admin 59 US-New hard hat for Drew A TO Z RENTAL CENTER Safety Supplies Park Maintenance 55 US-bar oil for chainsaw CONCRETE CUTTING&CORING INC Equipment Repair&Maint Park Maintenance 25 US-workshop PAYPAL INC Conference/Training Community Center Admin 25 US-workshop PAYPAL INC Conference/Training Community Center Admin 23 US-workshop PAYPAL INC Conference/Training Community Center Admin 23 US-workshop PAYPAL INC Conference/Training Community Center Admin 100 US-charitable giving campaign TARGET Other Contracted Services Organizational Services 4 US-S Koering going away CAROLINES Employee Award Organizational Services 27 US-new hire gifts WALMART COMMUNITY Employee Award Organizational Services 27 US-S Koering CC to be reimburs US BANK Deposits Escrow 10 US-S Koering CC to be reimburs US BANK Deposits Escrow 63 US-S Koering CC to be reimburs US BANK Deposits Escrow 771 US-S Koering CC to be reimburs US BANK Deposits Escrow 14 US-coffee for training CARIBOU COFFEE Operating Supplies Housing and Community Service 15,614 US-Oct 2013 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 1,227 US-Oct 2013 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 769 US-Oct 2013 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -352 US-Oct 2013 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund 40 US-UB online processing PAYPAL INC Bank and Service Charges Utility Operations-General 22 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating 43 US-UB recurring CC PAYPAL INC Bank and Service Charges Utility Operations-General 128 US-rink sign supplies OFFICEMAX CREDIT PLAN Operating Supplies Ice Rink#1 26 US-rink sign tape OFFICEMAX CREDIT PLAN Operating Supplies Concessions 72 US-café food NOTHING BUNDT CAKES Bank and Service Charges Concessions 24 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 14 US-café food BRUEGGERS BAGEL Merchandise for Resale Concessions 5 US-café food HOLIDAY STATION STORES INC Merchandise for Resale Concessions 24 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 14 US-café food BRUEGGERS BAGEL Merchandise for Resale Concessions 16 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 14 US-café food BRUEGGERS BAGEL Merchandise for Resale Concessions 24 US-rink sign tape KRAEMERS HARDWARE INC Operating Supplies Ice Rink#1 45 US-subscription APBOOKSTORE.COM Dues&Subscriptions Communications 295 US job posting LINKEDIN Employment Advertising Organizational Services 95 US-silver quill award PAYPAL INC Awards Communications 195 US-marcom award MARCOM AWARDS Awards Communications 55 US-subscription APBOOKSTORE.COM Dues&Subscriptions Communications 28 US-drill bits MENARDS Small Tools Water Treatment Plant 136 US-fan blade ELECTRIC MOTOR REPAIR INC Repair&Maint.Supplies Water Treatment Plant 186 US-winter staff MILLS FLEET FARM Building Repair&Maint. Water Treatment Plant 30 US-tools MILLS FLEET FARM Small Tools Water Treatment Plant 2 US-density bonus mtg MPLS METERS Mileage&Parking Community Development Admin. 5 US-Public works mtg STANDARD PARKING Mileage&Parking Community Development Admin. Amount Explanation Vendor Account Description Business Unit 1 US-rail volution mtg STANDARD PARKING Mileage&Parking Community Development Admin. 99 US-excel workshop SKILLPATH SEMINARS Prepaid Expenses General Fund 191 US-lunch for training RENAISSANCE HOTELS&RESORTS Operating Supplies Utility Operations-General 1,006 US-chairs BROWN&SAENGER INC Office Supplies Utility Operations-General 16 US-supplies AMAZON.COM Office Supplies Storm Drainage 28 US-lunch during interviews GINA MARIAS INC Office Supplies Utility Operations-General 34 US-tracing roll AMAZON.COM Office Supplies Storm Drainage 43 US-storage tube AMAZON.COM Office Supplies Storm Drainage 16 US-brush pens AMAZON.COM Office Supplies Storm Drainage 8 US-CC personal use S McCarvill AMAZON.COM Deposits Escrow 10 US-CC personal use S McCarvill AMAZON.COM Deposits Escrow 62 US-sunshine fund A schuster FTD.COM Deposits Escrow 242 US-Brads one night penalty HYATT HOTELS Travel Expense City Council 206 US-council workshop DAVANNI'S PIZZA Miscellaneous City Council 240 US-service award HALLMARK INSIGHTS Employee Award Internal Events 67 US-sunshine find Richardson FTD.COM Deposits Escrow 284 US-council workshop LEEANN CHIN Miscellaneous City Council 108 US-new employee lunch DAVANNI'S PIZZA Miscellaneous Administration 41 US-lesson equipment TARGET Operating Supplies Oak Point Lessons 255 US-swim lesson equip ADOLPH KIEFER&ASSOCIATES Operating Supplies Pool Lessons 19 US-red cross fees AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Operations 85 US-admin-nimble scheduling NIMBLE SCHEDULE Licenses,Permits,Taxes,Fees Community Center Admin 25 US-membership dues PAYPAL INC Dues&Subscriptions Aquatics&Fitness Admin 40 US-pick and broom for shop FRATTALLONE'S/MINNETONKA ACE Repair&Maint.Supplies Sewer Utility-General 7 US-socks for desk TARGET Operating Supplies Community Center Admin 40 US-supplies WALMART COMMUNITY Operating Supplies Fit Kids Club 30 US-supplies WALMART COMMUNITY Operating Supplies Birthday Parties 5 US-supplies WALMART COMMUNITY Operating Supplies Community Center Admin 44 US-art supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Day Care 37 US-playcare DISCOUNT SCHOOL SUPPLY Operating Supplies Day Care 90 US-markers/butcher paper DISCOUNT SCHOOL SUPPLY Operating Supplies Birthday Parties 56 US-mortar mix MENARDS Repair&Maint.Supplies Storm Drainage 1,120 US-injector,parts SEALBOSS CORP Repair&Maint.Supplies Sewer System Maintenance 808 US-dye tablet kits NIAGARA CONSERVATION Operating Supplies Environmental Education 281 IS-ITE dues INSTITUTE OF TRANSPORTATION EN Prepaid Expenses General Fund 130 US-proshop vending SPORTS WORLD USA INC Merchandise for Resale Concessions 14 US-café food BRUEGGERS BAGEL Merchandise for Resale Concessions 39 US-arboruitae support A.M.LEONARD Landscape Materials/Supp Park Maintenance 100 US-rodent control MILLS FLEET FARM Chemicals Park Maintenance 71 US-spruce tops EPCC/Sr Ctr MENARDS Landscape Materials/Supp Park Maintenance 108 US-plants BACHMANS CREDIT DEPT Landscape Materials/Supp Park Maintenance 47 US-spruce tops EPCC/Sr Ctr HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Park Maintenance 34 US-shop supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 53 US-strap NORTHERN TOOL&EQUIPMENT Equipment Parts Fleet Operating 112 US-fastener AMAZON.COM Operating Supplies Fleet Operating 427 US-warining triangles NORTHERN TOOL&EQUIPMENT Safety Supplies Fleet Operating 427 US-warining triangles NORTHERN TOOL&EQUIPMENT Safety Supplies Fleet Operating 76 US-ems supplies EMERGENCY MEDICAL PRODUCTS INC Safety Supplies Fire 114 US-city center enterance sign PAYPAL INC Repair&Maint.Supplies City Hall-CAM 616 US-pool boiler EPCC RYAN COMPANIES Repair&Maint.Supplies Pool Maintenance 43 US-accucolor light EPCC RUBBLE TILE Repair&Maint.Supplies Fitness/Conference-Cmty Ctr Amount Explanation Vendor Account Description Business Unit 64 US-pump for pumping hydrants MENARDS Equipment Parts Water System Maintenance 6 US-art ctr front desk bell OFFICE DEPOT CREDIT PLAN Operating Supplies Arts Center 7 US-snack for non school day TARGET Operating Supplies Arts Center 5 US-markers for day class OFFICEMAX CREDIT PLAN Operating Supplies Arts Center 21 US-sharpie markers MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 14 US-watercolor cards ARCHIVERS Operating Supplies Arts Center 4 US-outlet covers for toddler c TARGET Operating Supplies Arts Center 66 US-food UMBRIA Operating Supplies Arts Center -4 US-refund CARIBOU COFFEE Deposits Escrow 4 US-refund CARIBOU COFFEE Deposits Escrow 116 US-ribbon for membership cards ID WHOLESALER Operating Supplies Community Center Admin 350 US-mrpa luncheon MINNESOTA RECREATION&PARK AS Conference/Training Parks Administration -57 US-CC fraud refund-J Spaulding US BANK Deposits Escrow -40 US-CC fraud refund-J Spaulding US BANK Deposits Escrow -67 US-CC fraud refund-J Spaulding US BANK Deposits Escrow -83 US-CC fraud refund-J Spaulding US BANK Deposits Escrow -32 US-CC fraud refund-J Spaulding US BANK Deposits Escrow 274 US-annual meeting DAVANNI'S PIZZA Operating Supplies Police 690 US-quartermaster LA POLICE GEAR Operating Supplies Police 14 US-reserve calendar CALENDAR WIZ Operating Supplies Reserves 14 US-reserve calendar CALENDAR WIZ Operating Supplies Reserves 18 US-dog park bench MENARDS Building Materials Park Maintenance 212 US-hockey rinks MENARDS Building Materials Park Maintenance 149 US-radio MENARDS Repair&Maint.Supplies Utility Operations-General 48 US-critter food PETCO Operating Supplies Outdoor Center 38 US-critter food PETCO Operating Supplies Outdoor Center 20 US-critter food PETCO Operating Supplies Outdoor Center 108 US-digital microscope outdoor AMAZON.COM Operating Supplies Outdoor Center 80 US-digital microscope outdoor AMAZON.COM Operating Supplies Outdoor Center 180 US-snow plow crew lunch meetin LITTLE CAESARS Operating Supplies Street Maintenance 9 US-nlc conf meal SPECIALTYS CAFE Travel Expense City Council 18 US-nlc conf meal LOWELLS Travel Expense City Council 36 US-dispatch member upgrade MY CABLE MART Equipment Repair&Maint Public Safety Communications 160 US-police printer cleaning IDENTISYS Equipment Repair&Maint Public Safety Communications 11 US-police printer cleaning IDENTISYS Equipment Repair&Maint Public Safety Communications 79 US-glass for YMCA class DELPHI Operating Supplies Arts Center 200 US-DWI-L Diethelm GRANDSTAY OF ST CLOUD Tuition Reimbursement/School DWI Forfeiture 100 US-DWI-A Bogren GRANDSTAY OF ST CLOUD Tuition Reimbursement/School DWI Forfeiture 50 US-ERU tarining-M Mohn SWAT TARINING Tuition Reimbursement/School Police 138 US-targets for training LAW ENFORCMENT TARGETS INC Training Supplies Police 50 US-Dues FBI-LEEDA Prepaid Expenses General Fund 712 US-consequences of smoking dis HEALTH EDCO Miscellaneous Police 30 US-women in leisure PAYPAL INC Conference/Training Youth Programs Admin 475 US-ACA registration AMERICAN CAMPING ASSOCIATION Prepaid Expenses General Fund 12 US-YAP RAINBOW FOODS INC. Operating Supplies New Adaptive 8 US-supplies MENARDS Operating Supplies New Adaptive 23 US-WILS PAYPAL INC Dues&Subscriptions Aquatics&Fitness Admin 35 US-membership dues SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions Aquatics&Fitness Admin 25 US-WILS conf WILS Dues&Subscriptions Aquatics&Fitness Admin 25 US-membership dues WILS Dues&Subscriptions Aquatics&Fitness Admin 46 US-supplies TARGET Operating Supplies Fitness Classes Amount Explanation Vendor Account Description Business Unit 399 US-training PANERA BREAD Miscellaneous Fitness Center 40 US-les mills quarterly SCW FITNESS Licenses,Permits,Taxes,Fees Fitness Classes 247 US-collars for bars POWER SYSTEMS Operating Supplies Fitness Classes 250 US-body pumps dues SCW FITNESS Licenses,Permits,Taxes,Fees Fitness Classes 197 US-crime tech AMAZON.COM Office Supplies Police 18 US-ERU uniform name tapes Eich SPUR NAME TAPES Clothing&Uniforms Police 39 US-heat tape MENARDS Repair&Maint.Supplies Water Metering 19 US-duck pro MENARDS Repair&Maint.Supplies Water Metering 44,699 Report Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances &Resolutions January 21, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: First Reading of Ordinance Amending City ITEM NO.: XI.A. Richard Rosow, City Attorney Code Chapter 9 relating to the keeping of Honey Bees in the City Requested Action Move to: Approve the second reading of an ordinance amending City Code Chapter 9 by adding Section 9.73 requiring registration and establishing regulations relating to the keeping of honey bees in the City and adopt the Resolution approving the Summary for Publication. Synopsis The ordinance establishes a registration requirement for any person keeping honey bees in the City. In addition, the ordinance establishes regulations relating to where honey bees can be kept, how many can be kept, notification of abutting property owners, equipment and maintenance regulations, and other regulations relating to the keeping of honey bees. This ordinance was initially brought before Council at the previous meeting and several revisions were requested. The ordinance has been revised to clarify the notification requirement, the right of those notified to file written comment, and the appeal and objection process. Background Information The City Council has held several discussions relating to the keeping of honey bees in the City. The permits the keeping of honey bees but establishes a registration requirement along with other regulations relating to the keeping of honey bees in the City. The ordinance addresses many of the concerns that the public and Council members raised in regards to keeping honey bees. Attachments Ordinance Resolution for Summary Publication Summary CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 9 BY ADDING SECTION 9.73 RELATING TO HONEY BEES AND AMENDING SECTIONS 9.08 AND 9.11 RELATING TO HONEY BEES; AND AMENDING AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 9 is amended by adding Section 9.73 to read as follows: SECTION 9.73. KEEPING OF HONEYBEES. Subd. 1. Definitions. As used in this Section, the following definitions shall apply: A. "Apiary"means the assembly of one (1) or more colonies of honey bees on a single lot. B. "Apiary site"means the lot upon which an apiary is located. C. "Beekeeper"means a person who: (i) owns or has charge of one (1) or more colonies of honey bees; and/or(ii) who owns or controls a lot on which a colony is located whether or not the person is intentionally keeping honey bees. D. "Beekeeping equipment"means anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. E. "Colony"means an aggregate of honey bees consisting principally of workers,but having, when perfect, one (1) queen and at times drones, brood, combs, and honey. F. "Hive"means the receptacle inhabited by a colony. G. "Honey bee"means all life stages of the common domestic honey bee, apis mellifera species. H. "Lot"means one unit of a recorded plat, subdivision or registered land survey, or a recorded parcel described by metes and bounds. I. "Nucleus colony"means a small quantity of honey bees with a queen housed in a smaller than usual hive box designed for a particular purpose, and containing no supers. J. "Person"means any individual,partnership, corporation, company, limited liability company, other entity, or unincorporated association. K. "Registrant"means any registered beekeeper and any person who has applied for approval of a beekeeping registration. L. "Rooftop"means the uppermost section of a primary or accessory structure of at least one full story and at least twelve (12) feet in height. Areas including but not limited to decks, patios and balconies shall not be considered a rooftop. M. "Swarming" means the process where a queen bee leaves a colony with a large group of worker bees. N. "Undeveloped property"means: (i) any lot that is not improved with a structure that has or is required to have a certificate of occupancy; and(ii) all streets and highways. O. "Unusual Aggressive Behavior"means any instance in which unusual aggressive characteristics such as stinging or attacking without provocation occurs. Subd. 2. Registration. A. No beekeeper shall keep honey bees in the City without a current registration from the City of Eden Prairie Police Department. B. Each beekeeper shall apply for registration with the Police Department and receive approval of the registration prior to bringing any honey bees into the City. C. Beekeepers operating within the City prior to the effective date of this Section shall have four(4)weeks from the date this Section goes into effect to apply for a registration with the Police Department. D. The application for registration shall be upon the form provided by the City. If a beekeeper relocates a hive or colony to a new apiary site the beekeeper shall apply for an updated registration,prior to the relocation, on the form provided by the City. All information required by the forms shall be answered fully and completely by the beekeeper. E. The City beekeeping registration shall be valid until December 31 of each calendar year and shall be renewed by the registrant prior to expiration each year by submitting a renewal form to the Police Department on the form provided by the City. A person no longer keeping honey bees in the City shall notify the Police Department within thirty (30) days. F. Upon the initial registration, annual renewal, and any updated registration, each beekeeper shall allow the Chief of Police or designee the right to inspect any apiary and apiary site for the purpose of ensuring compliance with this Section. G. Upon receipt of an application for initial or updated registration the City shall send notice to all owners of lots within two-hundred(200) feet of any lot line of the apiary site(s) identified on the application no less than two weeks prior to a decision to approve or deny the registration. Any person may submit written comments regarding the application to the Police Chief. Within thirty(30) days of an application the Chief of Police or designee shall approve or deny the registration. Subd. 3. Required Conditions. A. Honey bee colonies shall be kept in hives with removable frames, which frames shall be kept in sound and usable condition. B. Each colony on the apiary site shall be provided with a convenient source of water located on the apiary site. Every effort should be made to ensure that the water source is free of chemicals that are typically found in tap water, such as chlorine and fluoride. C. Materials from a hive or colony which might encourage the presence of honey bees, such as wax comb, shall be promptly disposed of in a sealed container or placed within a building or other bee-proof enclosure. D. For each colony permitted to be maintained under this Section, there may also be maintained upon the same apiary site, one nucleus colony in a hive structure not to exceed one standard 9-5/8 inch depth 10-frame hive body, with no supers. E. Beekeeping equipment shall be maintained in good condition, including keeping the hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather,potential theft or vandalism, and occupancy by swarming honey bees. F. Hives shall be continuously managed to provide adequate living space for their resident honey bees in order to prevent swarming. G. In any instance in which a colony exhibits unusual aggressive behavior, it shall be the duty of the beekeeper to promptly re-queen the colony. Whenever possible, queens shall be selected from European stock bred for gentleness and non-swarming characteristics. H. Fruit trees and other flowering trees which are located on an apiary site shall not be sprayed, while in full bloom, with any substance which is injurious to honey bees. Subd. 4. Colony Location. A. Excluding lots that are zoned Rural and are ten(10) acres or more in size, no hive shall occupy any front yard. For the purposes of this Section, a corner lot shall be considered to have two (2) front yards. B. In no instance shall any part of a hive be located within ten (10) feet of any lot line. C. In no instance shall any part of a hive be located within ten(10) feet of any dwelling unit in any zoning district. D. Except as otherwise provided in this Section, in each instance where any part of a hive is kept within twenty-five (25) feet of a lot line of the apiary site, the beekeeper shall establish and maintain along said lot line screening consisting of a flyway barrier of at least six(6) feet in height. 1. The flyway barrier may consist of a wall, fence, dense vegetation or a combination there of, such that honey bees will fly over rather than through the material to reach the colony. 2. If a flyway barrier of dense vegetation is used, the initial planting may be four(4) feet in height, so long as the vegetation reaches a height of six (6) feet or higher within two (2)years of installation. 3. The flyway barrier must continue parallel to the lot line of the apiary site for ten (10) feet in both directions from the hive, or contain the hive or hives in an enclosure at least six(6) feet in height. 4. A flyway barrier is not required if the hive is located on a rooftop or if the lot abutting the lot line of the apiary site where the flyway barrier would be required is: (a) undeveloped property; or (b) zoned Rural and is 10 acres or more in size. E. All apiaries located within the R, R-1 and RM districts shall comply with Eden Prairie City Code Section 11.65 pertaining to Home Occupation. Subd. 5. Colony Density. A. Every lot within the City shall be limited to the following number of colonies based on the size of the lot: 1. 1/2 acre or smaller=2 colonies 2. more than 1/2 acre to 3 acre=4 colonies 3. more than 3/a acre to 1 acre= 6 colonies 4. more than 1 acre to 5 acres = 8 colonies 5. more than 5 acres =no restriction B. Regardless of lot size, if all lots within two hundred(200) feet of any lot line of the apiary site are undeveloped property, there shall be no limit to the number of colonies that can be kept on the apiary site. However, upon the development of any lot within two hundred (200) feet of any lot line of the apiary site, the apiary site shall comply with the restriction set forth in this Subdivision 5. C. If any person removes honey bees from locations where they are not desired, that person shall not be considered in violation of the restriction in this Subdivision 5, if the person temporarily houses the honey bees on the apiary site of a beekeeper registered under this Section for no more than 30 days and remains at all times in compliance with the other provisions of this Section. Subd. 6. Inspection. A. Upon prior notice to the owner of the apiary site, the Chief of Police or designee shall have the right to inspect any apiary for the purpose of ensuring compliance with this Section. B. It shall be deemed a violation of this Section for any person to resist, impede or hinder the Chief of Police or designee in the performance of their duties in inspecting any apiary and apiary site. Subd. 7. Denial,Revocation or Suspension. A. Beekeeping registrations under the provisions of this Section may be denied, revoked or suspended by the Chief of Police or designee after notice and the right to request a hearing, for any of the following causes: 1. Fraud, misrepresentation or false statements on any application or registration form or during the course of the registered activity. 2. The keeping of honey bees in an unlawful manner or a manner so as to constitute a breach of peace, or to constitute a menace to the health, safety or general welfare of the public. 3. Any violation of this Section. B. Notice of the denial, revocation or suspension, shall be in writing, specifically setting forth the grounds for denial, revocation or suspension and the registrant's right to request a hearing before the City Manager or designee. Such notice shall be mailed to the registrant at the address listed on the application. A registrant may request a hearing by filing a written request for hearing addressed to the City Manager within fifteen (15) days of the date of the notice. A hearing shall be held within thirty(30) days of the request. The City shall notify the registrant in writing of the time, date and location of the hearing at least five (5) days prior to the hearing. Within fifteen(15) days after the hearing the City Manager or designee shall issue a written decision and that decision shall be final. A copy of the decision shall be mailed to the registrant. If the registrant fails to request a hearing within fifteen (15) days of the date of the notice,the denial, suspension, or revocation shall automatically be deemed final. A revocation or suspension of a registration shall not be effective until issuance of a decision by the City Manager or designee. No appeal is allowed to the City Council under Section 2.80 of the City Code from a decision of the City Manager under this Section. Subd. 8. Appeal. A. A person may object to a registration at any time within thirty(30) days of approval of an initial or updated registration by addressing to the City Manager a written request for a hearing before the City Manager or designee. The hearing shall be held within thirty(30) days of the request. The City shall notify in writing the person requesting the hearing and the person whose registration is objected to, date and location of the hearing at least five (5) days prior to the hearing. Within fifteen (15) days after the hearing the City Manager or designee shall issue a written decision and that decision shall be final. A copy of the decision shall be mailed to the person who requested the hearing and the person whose registration was objected to. No appeal is allowed to the City Council under Section 2.80 of the City Code from a decision of the City Manager under this Section. Section 2. City Code Chapter 9, Section 9.08, Subd. 1 A is hereby amended by deleting the words "and honey bees" and inserting the word"and"before the words "guinea hens". Section 3. City Code Chapter 9, Section 9.08, Subd. 5 is hereby amended by inserting at the end of the sentence the words ", provided however this provision does not apply to honey bees kept pursuant to City Code Section 9.73". Section 4. City Code Chapter 9, Section 9.08, Subd. 7 A is hereby amended by deleting the words "except honey bees". Section 5. City Code Chapter 9, Section 9.08, Subd. 8 is hereby amended by deleting the words ", except honey bees,". Section 6. City Code Chapter 9, Section 9.11, Subd. 11 C 8 is hereby amended by inserting at the end of the sentence the words ", except for honey bees kept pursuant to City Code Section 9.73". Section 7. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 8. 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 day of , 2014 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2014. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. -2014 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. -2014 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the day of , 2014. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. -2014 is lengthy. B. The text of summary of Ordinance -2014, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _-2014 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on , 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 9 BY ADDING SECTION 9.73 RELATING TO HONEY BEES AND AMENDING SECTIONS 9.08 AND 9.11 RELATING TO HONEY BEES; AND AMENDING AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. _-2014. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. SUMMARY: The Ordinance adds City Code Section 9.73 relating to the keeping of honey bees within the City. The Ordinance excludes honey bees from coverage under certain portions of City Code Sections 9.08 and 9.11. The Ordinance incorporates, by reference, City Code Chapter 1 and City Code Section 9.99, which contain provisions relating to penalties. EFFECTIVE DATE. This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. -2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 9 BY ADDING SECTION 9.73 RELATING TO HONEY BEES AND AMENDING SECTIONS 9.08 AND 9.11 RELATING TO HONEY BEES;AND AMENDING AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. -2014. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. SUMMARY: The Ordinance adds City Code Section 9.73 relating to the keeping of honey bees within the City. The Ordinance excludes honey bees from coverage under certain portions of City Code Sections 9.08 and 9.11. The Ordinance incorporates,by reference, City Code Chapter 1 and City Code Section 9.99, which contain provisions relating to penalties. EFFECTIVE DATE. This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on .