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HomeMy WebLinkAboutCity Council - 06/16/2015 ANNOTATED AGENDA DATE: June 16, 2015 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, June 16, 2015 TUESDAY,JUNE 16, 2015 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium,please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name, phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS A. CERT CSU RECOGNITION Assistant Chief Rik Berkbigler will provide an overview of the program and recognize the new program graduates. B. TOUR DE TONKA UPDATE Jenny Bodurka will make a presentation on this year's Tour de Tonka. C. DONATIONS 1. Donation from Clare Bridge (Resolution) Synopsis: The Eden Prairie Senior Housing Tour and Lunch program is an educational tour around Eden Prairie to see what each senior housing building has to offer. The itinerary is a follows: A morning tour, lunch stop, another tour, an afternoon dessert stop and a final tour. Fall Lunch Event is a social event to meet new people and socialize with friends at a fun catered lunch. MOTION: Move to adopt the resolution accepting the donation in the amount of $250 from Clare Bridge to be used toward 2015 Senior Housing Tour and Fall Lunch event. ANNOTATED AGENDA June 16,2015 Page 2 2. Donation from Lions Tap (Resolution) Synopsis: Lions Tap gave $1,400 to be used to enhance the following programs: • $100Halloween on the Mall • $100 Afternoon with the Bunny • $100 Arts in the Park • $100 Collection of One Acts • $100 Concert Series • $100 Art Crawl • $200 4th of July • $100 Fall Harvest Event • $100 Kidstock • $100 Rock On Ice • $100 Nature Rocks • $100 Spooky Saturday • $100 Winter Theatre MOTION: Move to adopt the resolution accepting donations in the amount of $1,400 from Lions Tap to be used towards 2015 Special Events. 3. Donation from Miracle Ear (Resolution) Synopsis: Each May the City celebrates Senior Awareness Month which includes many activities and programs for seniors, including a dinner. In December, a popular event at the Senior Center is the Holiday Lunch. These contributions make enhancements to these programs to be available to the community that would not otherwise be possible. MOTION: Move to adopt the resolution accepting the donation in the amount of $500 from Miracle Ear to be used towards the 2015 Senior Awareness Dinner and Holiday Lunch. 4. Donations for July 3 &4 (Resolution) Synopsis: The following organizations have donated $2,150 towards the July 3rd and 4th Celebration: • $200 Starkey Hearing Technologies • $200 Wall Trends • $250 A to Z Rental Eden Prairie • $500 The Colony • $1000 J.A. Price Agency, Inc. MOTION: Move to adopt the resolution accepting the donations towards the Hometown Celebration on July 3rd and 4th in the amount of $2,150 from various Eden Prairie businesses. ANNOTATED AGENDA June 16, 2015 Page 3 5. Donations of Free Little Libraries (Resolution) Synopsis: City staff was approached by Girls Scouts of Troop 14286 with the idea of locating Little Free Libraries in Eden Prairie parks. Locations such as Homeward Hills Park, Edenvale Park and Crestwood Park have been selected. These locations also host summer camps and playground programs where reading will be incorporated into the curriculum. The girl scouts have collected over 500 books and worked closely with woodshop volunteers at the Senior Center to construct the libraries. The following scouts will present the libraries to the City Council: Ella Judt, Briana Eckhoff, Piper Lange, Alena Harrison, Ashley Gehrmann, Josie Koering, Rosie Burns, Lauren Reisdorf, Taylor Reynolds. The scouts have also been assisted by their leaders, Larissa Judt and Michele Eckhoff. MOTION: Move to adopt the resolution accepting the donation of Little Free Libraries from Girl Scout Troop 14286. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, MAY 19, 2015 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 19, 2015 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-P on the Consent Calendar. A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION 11.55 RELATING TO LAND ALTERATION, TREE PRESERVATION AND STORMWATER MANAGEMENT, AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE C. ADOPT RESOLUTION APPROVING FINAL PLAT OF BLOSSOM HILL (WAGNER PROPERTY) ANNOTATED AGENDA June 16,2015 Page 4 D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH RES SPECIALTY PYROTECHNICS TO PROVIDE FIREWORKS AT THE 411 OF JULY HOMETOWN CELEBRATION AT ROUND LAKE PARK E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR ENGINEERING, LANDSCAPE ARCHITECTURE AND SURVEY SERVICES FOR IMPROVEMENTS TO MILLER PARK FIELD 8 PLAZA AREA AND PARKING LOT F. APPROVE SECOND AMENDMENT TO GRANT PROGRAM AGREEMENT FOR USE OF AN ADDITIONAL $15,000 IN CDBG FUNDS TO REHABILITATE LUANN'S PLACE G. APPROVE MAINTENANCE AGREEMENT FOR STORMWATER FACILITIES FOR BLOSSOM HILL (WAGNER PROPERTY) H. APPROVE INSTITUTION COMMUNITY WORK CREW AGREEMENT I. RECEIVE PETITION AND ADOPT RESOLUTION AUTHORIZING PREPARATION OF FEASIBILITY STUDY FOR UTILITY IMPROVEMENTS TO SERVE LIONS TAP AND ITS ADJOINING PARCEL J. APPROVE SUBMITTAL OF ANNUAL REPORT TO THE MPCA FOR THE PHASE II NPDES STORM WATER PERMIT PROGRAM K. AWARD CONTRACT FOR STABILIZATION OF A THREE SECTIONS OF PURGATORY CREEK TO MINNESOTA NATIVE LANDSCAPES L. AWARD CONTRACT TO VALLEY-RICH CO., INC. FOR ANTLERS RIDGE TRAIL DRAINAGE IMPROVEMENT M. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR NOTERMANN PUBLIC UTILITY FEASIBILITY LEVEL DESIGN SERVICES N. APPROVE MNDOT WORK ORDER FOR FUNDING OF BRIDGE PAINTING PROJECTS O. APPROVE QUOTE FOR LOGIS TO REPLACE NETWORK EQUIPMENT AT THE COMMUNITY CENTER P. DECLARE OBSOLETE EQUIPMENT AS SURPLUS AND AUTHORIZE THE CITY MANAGER TO DISPOSE OF THE PROPERTY IX. PUBLIC HEARINGS /MEETINGS A. RESOLUTION APPROVING ISSUANCE BY CITY OF DEEPHAVEN, MINNESOTA, OF ITS CHARTER SCHOOL LEASE REVENUE BONDS, SERIES 2015A AND SERIES 2015B (EAGLE RIDGE ACADEMY PROJECT) ANNOTATED AGENDA June 16,2015 Page 5 Official notice of this public hearing was published in the May 28, 2015, Eden Prairie News. Synopsis: In June, 2013 the City of Deephaven issued bonds for the purpose of financing the project costs on behalf of Eagle Ridge Academy Affiliated Building Company. The City of Eden Prairie did not issue the bonds because of planned debt issuance in 2013 which would have affected the City's ability to maintain bank qualified bonds and a lower interest rate. The City of Deephaven now plans to issue bonds for the purpose of refinancing the project costs on behalf of Eagle Ridge Academy Affiliated Building Company. The project consisted of the acquisition, improvement, betterment or extension of approximately 77,848 square foot charter school facility located at 7255 Flying Cloud Drive, Eden Prairie. Because the project is located in Eden Prairie, federal regulations require the City hold a public hearing to give parties an opportunity to express their views. MOTION: Move to: • Close the public hearing; and • Adopt resolution approving the issuance by the City of Deephaven, Minnesota of its Charter School Lease Revenue Bonds, Series 2015A and Series 2015B (Eagle Ridge Academy Project) B. APPROVE DRAFT LOCAL WATER MANAGEMENT PLAN AND APPROVE SUBMITTAL Notice of this public meeting was published in the June 11, 2015,Eden Prairie News. Synopsis: The Local Water Management Plan(LWMP)was updated to meet the requirements of the Water Management Plan updates that were completed by the three local watershed districts. The LWMP includes a Capital Improvement Plan(CIP) for specific projects as well as general funding for water quality improvement projects from 2015 through 2024. The primary funding source for the CIP is the stormwater utility fund. Staff recommends submittal of the LWMP to the agencies for review. The Local Water Management Plan(LWMP)update was completed by Wenck Associates and was posted online for public review and comment. The LWMP will be incorporated into the City's Comprehensive Guide Plan as required by the Metropolitan Council. The LWMP was developed to consolidate information on our overall surface water management objectives, including management of our lakes,wetlands, stormwater ponds and creeks. The LWMP is also intended to meet the requirements outlined in the Water Management Plans developed by the Watershed Districts within the City. An Implementation Plan and Capital Improvement and Funding Plan are included in the LWMP. Appendices B and D were published as separate documents. Appendix D,the Stream Assessment Report, is attached. Appendix B,the HydroCAD model results, is not attached due to the length and technical nature of the document. The February 17, 2015 City Council Workshop included a preliminary review of the LWMP. A Public Meeting for the Local Water Management Plan(LWMP)was scheduled for June 16, 2015 with a comment period through June 26, 2015. ANNOTATED AGENDA June 16,2015 Page 6 The final report will be submitted to local, county and state agencies as required, including the Metropolitan Council, Dept. of Natural Resources, Hennepin County, Board of Water and Soil Resources, and the Riley-Purgatory-Bluff Creek,Nine Mile Creek and Lower Minnesota River Watershed Districts. MOTION: Move to: • Close the public meeting; and • Adopt the Draft Local Water Management Plan; and • Approve submittal of the Draft Local Water Management Plan to the three watershed districts, the Board of Water and Soil Resources, Hennepin County, Department of Natural Resources and Metropolitan Council. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. APPROVE FIRST AND SECOND READINGS OF ORDINANCE AMENDING CITY CODE CHAPTER 4 RELATING TO TAP ROOMS, GROWLER LICENSES AND ADMINISTRATIVE CLARIFICATIONS AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE Synopsis: The City has received inquiries concerning taproom, brewpub and growler liquor licenses. The City Code currently authorizes the issuance of an on- sale liquor licenses to brewpubs and an off-sale (growler) license to brewpubs. This Ordinance revises City Code to update the brewpub and growler language to match the recently adopted statute; adds licenses for taprooms including an on-sale brewer taproom license and an off-sale small brewer(growler) license; allows for off-sale of growlers on Sundays; and incorporates a number of administrative type revisions for clarification of issues that the Police Department has indicated have raised questions over the years. The ordinance amendments were discussed in detail during the first reading of the ordinance at the May 5, 2015, Council meeting. No further revisions have been made to the ordinance since the first reading. MOTION: Move to: • Approve first reading of an ordinance amending City Code Chapter 4 relating to taprooms and growler licenses and administrative clarifications, which first reading occurred on May 5, 2015; and • Approve the second reading of an ordinance amending City Code Chapter 4 relating to taprooms and growler licenses and administrative clarifications; and • Approve the summary ordinance and resolution for publication ANNOTATED AGENDA June 16,2015 Page 7 XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS Synopsis: Applications for Students on Commissions positions were accepted from mid-April to the end of May. Seventeen applications were received this year. Commission Staff Liaisons met in early June to review and discuss the applications. The attached appointment recommendations are based on the students' stated Commission preferences and the quality of their applications. All 17 students are being recommended for appointment. An orientation session will be held in late August. MOTION: Move to: • Appoint to the Conservation Commission — Rachel Buckland, Emily Corpuz and Jenna Horner • Appoint to the Flying Cloud Airport Advisory Commission — Luke Holzworth and Michael Richter • Appoint to the Heritage Preservation Commission — Natalie Higgins, Zeinab Hussen and Alexander Modeas • Appoint to the Human Rights and Diversity Commission —Tala Alfoqaha, Turner Gunderson, Sarah Mason, Tanvi Mehta, and Adrienne Retzlaff • Appoint to the Parks, Recreation, & Natural Resources Commission — Bridget Dillon, Emily Harvey, Lincoln Piper and Stefan Wenc 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 1. Adopt Resolution Approving Plans and Specifications and Order Advertisement for Bids for the West 7011 Street Extension Improvement Project Synopsis: With the assistance of SRF Consulting Group, Inc. the Engineering Division has prepared plans and specifications for the extension of West 70tn Street to Flying Cloud Drive. Construction of the project is scheduled to ANNOTATED AGENDA June 16,2015 Page 8 occur between August and October of this year. Plans for the project include a 2-lane roadway with sidewalks, bike lanes, and enhanced streetscaping. The West 70th Street Improvement project includes two segments that have been individually identified in the Capital Improvement Plan and which will result in a continuous West 70th Street roadway connection between Flying Cloud Drive and Shady Oak Road. The west segment is the extension of West 70th Street from its current terminus westerly to Flying Cloud Drive. Design of this segment is complete and construction is scheduled to occur between August and October of this year. The east segment is an upgrade and reconstruction of the existing West 70th Street roadway to match the design of the new roadway extension. The two segments of West 70th Street are divided by the proposed Southwest LRT alignment and the Golden Triangle LRT Station. Preliminary design of the entire length of West 70th Street was coordinated with the Southwest LRT design and was completed concurrent with final design of west segment. It is currently anticipated that the construction of the east segment will be scheduled to coincide with Southwest LRT construction which is expected to occur between 2017 and 2019. The West 70th Street design includes the following primary elements: • 2-lane roadway with turn lanes at its intersection with Flying Cloud Drive and Shady Oak Rd. • Median islands at the eastern and western ends of the roadway and at the LRT crossing • Wide sidewalk/trail facilities along both sides of the roadway • Bike lane accommodations along the roadway • High-Tech/Modern Streetscaping character that incudes street lighting, light columns,boulevard trees, planted medians, seating areas, and enhanced corner treatments. The specific roadway design was developed through a series of stakeholder meetings that included representatives from Liberty Property Trust, Tags Gymnastics, OneNeck, Quantum Graphics, Southwest LRT Project Office, Nine Mile Creek Watershed District, Southwest Transit and various City Divisions. In May the City was awarded a$470,000 Transit Oriented Development Grant from Hennepin County for the project. The grant provides additional funding for the project and allows for the enhanced streetscaping and multi- modal design elements to be fully incorporated into the project. The current project cost estimate for the West 70th Street Extension is approximately$2 million. The project will be funded through Special Assessments and the Hennepin County Transit Oriented Development Grant. A Special Assessment Agreement for the project with Liberty Property Trust was obtained as a requirement of the Liberty Plaza Developer's Agreement. ANNOTATED AGENDA June 16, 2015 Page 9 MOTION: Move to adopt the resolution approving plan and specifications and ordering advertisement for bids for West 70th Street Extension Improvement Project. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C.1. Jay Lotthammer, Director, Donation from Clare Bridge for the Senior Parks and Recreation Housing Tour and Fall Lunch Requested Action Move to: Adopt the resolution accepting the donation in the amount of$250 from Clare Bridge to be used toward 2015 Senior Housing Tour and Fall Lunch event. Synopsis The Eden Prairie Senior Housing Tour and Lunch program is an educational tour around Eden Prairie to see what each senior housing building has to offer. The itinerary is a follows: A morning tour, lunch stop, another tour, an afternoon dessert stop and a final tour. Fall Lunch Event is a social event to meet new people and socialize with friends at a fun catered lunch. Background This contribution made enhancements to programs to be available to the community that would not otherwise be possible. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- 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 $250 to be used for the Senior Housing Tour and the Senior Center Fall Lunch from Clare Bridge is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 16th day of June, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C.2. Jay Lotthammer, Director, Donations from Lions Tap Parks and Recreation Requested Action Move to: Adopt the resolution accepting the donations in the amount of$1,400 from Lions Tap to be used towards 2015 Special Events. Synopsis Lions Tap gave $1,400 to be used to enhance the following programs: $100 Halloween on the Mall $100 Afternoon with the Bunny $100 Arts in the Park $100 Collection of One Acts $100 Concert Series $100 Art Crawl $200 4th of July $100 Fall Harvest Event $100 Kidstock $100 Rock On Ice $100 Nature Rocks $100 Spooky Saturday $100 Winter Theatre Background These contributions make enhancements to programs along with allowing several programs to be available to the community that would not otherwise be possible. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- 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 $1,400 to be used for various Parks and Recreation Special Events from Lions Tap is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 16th day of June, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C.3. Jay Lotthammer, Director, Donations from Miracle Ear for the Senior Parks and Recreation Awareness Dinner and Holiday Lunch Requested Action Move to: Adopt the resolution accepting the donation in the amount of$500 from Miracle Ear to be used towards the 2015 Senior Awareness Dinner and Holiday Lunch. Synopsis Each May the City celebrates Senior Awareness Month which includes many activities and programs for seniors, including a dinner. In December, a popular event at the Senior Center is the Holiday Lunch. These contributions make enhancements to these programs to be available to the community that would not otherwise be possible. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- 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 the Senior Awareness Dinner and Holiday Lunch from Miracle Ear is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 16th day of June, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C.4. Jay Lotthammer, Director, Donations for July 3rd and 4th Hometown Parks and Recreation Celebration Requested Action Move to: Adopt the resolution accepting the donations towards the Hometown Celebration on July 3rd and 4th in the amount of$2,150 from various Eden Prairie businesses. Synopsis The following organizations have donated $2,150 towards the July 3rd and 4th Celebration: $200 Starkey Hearing Technologies $200 Wall Trends $250 A to Z Rental Eden Prairie $500 The Colony $1000 J.A. Price Agency, Inc. Background These contributions make enhancements to the July 3rd and 4th Celebration available to the community that would not otherwise be possible. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: Gifts to the City in the amount of $2,150 to be used for the July 3rd and 4th Hometown Celebration from Starkey Hearing Technologies ($200), Wall Trends ($200), A to Z Rental Eden Prairie ($250), The Colony ($500) and J.A. Price Agency, Inc. ($1,000) is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 16th day of June, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C.5. Jay Lotthammer, Director, Accept Donations of Little Free Libraries Parks and Recreation From Girl Scout Troop #14286 Requested Action Move to: Adopt the resolution accepting the donation of Little Free Libraries from Girl Scout Troop 14286 Synopsis City staff was approached by Girls Scouts of Troop 14286 with the idea of locating Little Free Libraries in Eden Prairie parks. Locations such as Homeward Hills Park, Edenvale Park and Crestwood Park have been selected. These locations also host summer camps and playground programs where reading will be incorporated into the curriculum. The girl scouts have collected over 500 books and worked closely with woodshop volunteers at the Senior Center to construct the libraries. The following scouts will present the libraries to the City Council: Ella Judt, Briana Eckhoff, Piper Lange, Alena Harrison, Ashley Gehrmann, Josie Koering, Rosie Burns, Lauren Reisdorf, Taylor Reynolds. The scouts have also been assisted by their leaders, Larissa Judt and Michele Eckhoff. History The following is from the Little Free Library Web Site: In the beginning—2009—Todd Bol of Hudson, Wisconsin, built a model of a one room schoolhouse as a tribute to his mother, a former school teacher who loved reading. He filled it with books and put it on a post in his front yard. His neighbors and friends loved it. He built several more and gave them away. Each one had a sign that said FREE BOOKS. Rick Brooks, of the University of Wisconsin-Madison, saw Bol's do-it-yourself project while they were discussing potential social enterprises. Together, the two saw opportunities to achieve a wide variety of goals for the common good. Each brought different skills to the effort, Bol as a creative craftsman experienced with innovative enterprise models and Brooks as a youth and community development educator with a background in social marketing. They were inspired by many different ideas: • Andrew Carnegie's support of 2,509 free public libraries around the turn of the 19th to 20th century. Accept Donations of Little Free Libraries From Girl Scout Troop #14286 June 16, 2015 Page 2 • The heroic achievements of Miss Lutie Stearns, a librarian who brought books to nearly 1400 locations in Wisconsin through "traveling little libraries"between 1895 and 1914. • "Take a book, leave a book" collections in coffee shops and public spaces. • Neighborhood kiosks, TimeBanking and community gift-sharing networks • Grassroots empowerment movements in Sri Lanka, India and other countries worldwide. By the summer of 2010 the mission and purposes served by the little boxes of books were becoming more clear. The original models had all been built with recycled materials. Each was unique but all shared the theme of exchanging good books and bringing people together for something positive. The names "Habitat for the Humanities," "House of Stories" soon gave way to what more and more people called Little Free Libraries. Early adopters of this little innovation became key connectors with friends and supporters. Their role as stewards were critical to the movement's growing success. Our Mission • To promote literacy and the love of reading by building free book exchanges worldwide. • To build a sense of community as we share skills, creativity and wisdom across generations. Our Goal To build 2,510 Little Free Libraries—as many as Andrew Carnegie—and keep going.* Key Strategies Promotion of reading for children, literacy for adults and libraries around the world. With no start-up or operating capital, no office or paid staff, the concept was evolving into an enterprise reaching communities far beyond a front yard next to the St. Croix River in Hudson. The first official Little Free Library outside the Hudson area was posted by a bike path behind the Absolutely Art Gallery and Café Zoma on the east side of Madison in the summer of 2010. By the time of the Willy Street Fair in September, thousands of people had seen the Absolutely Art Library. The process of giving away Bol's creations began to require a way to cover expenses to build many more than he could handle by himself. Amish carpenter Henry Miller of rural Cashton, Wisconsin became the primary craftsman,using wood recycled from a 100 year- old barn destroyed in a tornado. Giving away Little Libraries and hand-crafted signs with official Little Free Library charter numbers began to generate curiosity and"word of mouth" story sharing. The www.littlefreelibrary.org website and a loyal cadre of volunteers made it possible to expand the organizational reach beyond the co-founders. The movement centered around the enthusiasm and commitment of stewards who hosted and often built their own neighborhood Libraries. Some Accept Donations of Little Free Libraries From Girl Scout Troop #14286 June 16, 2015 Page 3 small grants, informal partnerships and alliances began to have an impact on Little Free Library's ability to keep up with demand. And the rest...is history, documented in newspapers, blogs and broadcasts throughout the world. The year 2011 brought local, regional and national media attention to the backyard project that had become a movement. With nearly 400 Little Free Libraries across the U.S. by the end of the year, the founders knew it was time to become a formal, independent organization. In May, 2012, Little Free Library was officially established as a Wisconsin nonprofit corporation with a board of directors. In September, the Internal Revenue Service granted tax-exempt status. *This goal was reached in August of 2012, a year and a half before our original target date. By January of 2015, the total number of registered Little Free Libraries in the world was conservatively estimated to be nearly 25,000, with thousands more being built. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of three Little Free Libraries and books to be placed in three City parks as collected and built by Girl Scout Troop #14286 and the Eden Prairie Senior Center Woodshop Volunteers is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 16th day of June, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,MAY 19, 2015 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 Council Members Case and Butcher Wickstrom were absent. I. 2014 COMPREHENSIVE ANNUAL FINANCIAL REPORT/AUDIT Doug Host and Chris Knopik, principals with CliftonLarsonAllen,presented the results of the City's annual financial audit. This is the first year CliftonLarsonAllen conducted the City's audit, and Host commended City staff for an outstanding job preparing for the audit and assisting the audit team while they were on site. Host said the City received an unmodified(clean) opinion for the 2014 financial statement. There were no findings in the areas of material weaknesses and significant deficiencies, as well as no findings in segregation of duties. There was one finding in the legal compliance area, with one missing contract supplemental form. Knopik reviewed the financial results. He noted that revenues and expenditures have remained consistent over the years, and the general fund balance remains stable. General fund revenues came in over budget by 5.4% and expenditures came in at 100.5% of budget. Water operations revenue decreased from 2013 as a result of usage decreasing more than the rate increase. Liquor sales decreased by 1.8%, which was smaller than the decreases many other municipalities experienced. $1,000,000 was transferred from liquor operations to the capital improvement fund. Estimated market values are trending up, although they are still not as high as they were in 2009. Eden Prairie continues to have a lower tax rate than surrounding cities and the state. Per capita revenues increased $64 from 2013,primarily due to intergovernmental revenues. Per capita expenditures increased $11 from 2013, primarily due to increased public safety. City Council Workshop Minutes May 19, 2015 Page 2 Eden Prairie continues to have a bond rating of Aaa. Only 15 other Minnesota cities have this rating. The City again received the GFOA Certificate of Excellence in Financial Report, which is has received every year since 1990. The following table summarizes the City's net position as of December 31, 2014 (in thousands). Govern mental Activities Business-Type Total 2014 2D13 2014 2013 2014 2113 Revenues: Program Revenues Charges for Services 1 11,620 $ 12,263 $ 26,756 $ 29,829 $ 38.376 $ 42.092 Operating Grants and Contributions 1,742 1,460 131 - 1.873 1,46D Capital Grants and Contributions 20,504 2,900 1,448 3,070 21,952 5,970 General Revenues Property Taxes 32,781 32,674 - - 32,761 32,674 Tax Increment 3,071 3,535 - - 3,071 3,535 Grants and Contributions 484 862 - - 484 862 Invesun ent klcorn a 210 138 47 16 257 154 Gain on sale of Capital Assets - - - - - - Total Revenues 70,412 53,832 28.382 32,915 98.794 86.747 E penses: Administration 4,921 5,855 - - 4.921 5,855 Cornmunity Development 5,369 5,679 - - 5,369 5,679 PoIrce 43,534 12,846 - - 13,534 12,846 Fire 6,094 5,724 - - 6,094 5,724 Pubic Works 13,321 1689 - - 13,321 16,289 Parks and Recreation 12,947 11,114 - - 12,947 11,114 Interest on Long Tenn Debt 984 1,337 - - 984 1,337 Water - - 9.856 9,5665 9,856 9,565 Sewer - - 6.403 6,561 6.403 6,561 Storm - - 2,546 2,420 2.546 2,420 Liquor - - 11.015 11,174 11.015 11.174 Total Expenses 57,t70 58,644 29 620 29,720 86,990 88,564 Changes in Net Position Before Transfers 13,242 (5,012) (1,438) 3,195 11.804 (1,817) Internal Transfers 1,415 1,258 (1,415) (1,258) - - Change in Net Position 14,657 (3,754j (2,853) 1,937 11.804 (1,817) Net Position,January.1 241,433 245,1187 148,436 146,499 389.869 391.686 Net Position,December 31 $ 256,090 $241,433 $ 145,583 $ 146,436 $ 401.673 $ 389,869 II. SOUTHWEST TRANSIT Len Simich, executive director of Southwest Transit, gave an update on the organization's activities. Simich said Southwest Transit general ridership was up 8% in 2014 over 2013. They achieved 99% on-time performance as well as a customer satisfaction rating of 99%. City Council Workshop Minutes May 19, 2015 Page 3 Southwest Transit also introduced several new services/routes in 2014, including expanded reverse commute service and expanded special event service. A bike rental program aimed at the "last mile"was launched, and wi-fi to all buses and stations was expanded. Five expansion buses, including a double-decker bus, were added to the fleet. Simich said one notable accomplishment of 2014 was negotiation of a favorable development agreement with the Met Council for joint use of SW Station for LRT. Southwest Transit received the highest possible grade (unmodified opinion) for their 2014 audit. Energy savings initiatives are expected to result in $1.5 million in savings. Southwest Transit sold the Chaska warehouse facility and the housing parcel adjacent to Southwest Village in Chanhassen. Management contracts with the Plymouth and Carver resulted in more than$150,000 in revenue. Simich said Southwest Transit continues to experience a labor shortage, particularly for drivers and mechanics. Southwest Transit also continues to monitor legislation that could threaten the organization's autonomy and funding. In 2015, Southwest Transit will update its strategic plan and explore system expansion possibilities. They will be awarding new driver services contracts for the first time in 15 years. Council Member Nelson said she has heard from some residents that Metro Mobility's hours of operation are limited, and she asked if it would be possible to expand their hours. Simich said funding and operations agreements would make it difficult to add hours. III. OPEN PODIUM IV. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MAY 19, 2015 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 CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. Council Members Butcher Wickstrom and Case were absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. HUMAN RIGHTS AWARD PRESENTATION Patricia Fenrick, Community Services Coordinator, reviewed the Human Rights awards categories and introduced members of the Human Rights &Diversity Commission(HRDC)who presented the awards to the recipients. Sandra Filardo, HRDC Chair,presented the Individual Award to Marcela Roos for her work to support the Human Rights Manifesto and to celebrate different cultural values and beliefs of the students and families she works with. Karena Lin, HRDC Student Member,presented the Student Award to Rachelle Johnson and to Kifah Mohamed. Ms Johnson received the award in recognition of her efforts to help individuals with learning differences achieve their full potential. Ms Mohamed received the award for her efforts to build friendship and understanding between Muslim and non-Muslim students. Connie Iacovelli, HRDC Commission Member, presented the Nonprofit Award to Choice Inc. for its work to support adults with intellectual disabilities reach their full potential as citizens in the community. Sana Elassar, HRDC Commission Member, presented the Business Award to Punch Neapolitan Pizza in recognition of their commitment to afford workers a fair wage above the minimum required wage and for the company's efforts to give back to the community. B. DONATION TOWARDS ARTS IN THE PARK(RESOLUTION NO. 2015- Lotthammer said this is a $500 donation from Home Team Remodelers Inc. for the Arts in the Park event. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2015-49 accepting the donation of$500 from Home Team Remodelers Inc. to go towards the Arts in the Park event. Motion carried 3-0. C. DONATION TOWARDS SPOOKY SATURDAY (RESOLUTION NO. 2015-50) Lotthammer said this is a $500 donation from Hultgren, Hoxie &Waki Orthodontics for the Spooky Saturday event. MOTION: Nelson moved, seconded by Aho, to adopt Resolution No. 2015-50 accepting the donation of$500 from Hultgren, Hoxie & Waki Orthodontics to go towards the Spooky Saturday event. Motion carried 3-0. D. 2014 COMPREHENSIVE ANNUAL FINANCIAL REPORT Getschow said representatives of the independent auditing firm of Clifton Larson Allen are present at the meeting to give a review of the 2014 audit report and the annual financial report. Doug Host, representing Clifton Larson Allen, said 2014 was the first year his firm has done the audit for Eden Prairie. He commended staff for being very prepared for the audit. He noted his firm issued an unmodified(clean) opinion for the December 31, 2014 financial statements and found no material weaknesses and no significant deficiencies in internal controls. Chris Knopik, representing Clifton Larson Allen, reviewed the City's financial highlights. He noted that revenues were 5.4% over budget and expenditures were 0.5% over budget. There was a$798,000 increase in the General Fund balance for 2014. He reviewed the tax capacity and rates and noted the rates in Eden Prairie are lower than surrounding cities'rates and those of other cities state-wide. The City has a bond rating of Aaa and is one of only 15 cities in Minnesota with such a high rating. He reviewed some issues that will emerge over the next couple of years due to new Governmental Accounting Standards Board statements. Tyra-Lukens thanked them for their presentation and thanked City staff for their hard work and for working closely with the City Council to be sure we have budgets and financial strategies in place. MOTION: Aho moved, seconded by Nelson to accept the 2014 Comprehensive Annual Financial Report (CAFR). Motion carried 3-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Nelson moved, seconded by Aho, to approve the agenda as published. Motion carried 3-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 5, 2015 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Council workshop held Tuesday, May 5, 2015, as published. Motion carried 3-0. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 5, 2015 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, May 5, 2015, as published. Motion carried 3-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. WAGNER PROPERTY by Pemtom Land Company. Second reading of Ordinance 6-2015-PUD-3-2015 for Planned Unit Development District Review with waivers on 6.5 acres and Zoning District Change from R1-22 to R1-13.5 on 6.5 acres. Location: 10841 & 10861 Blossom Rd. (Ordinance No. 6-2015-PUD- 3-2015 for PUD District Review with waivers and Zoning District Change from R1-22 to R1-13.5) C. APPROVE CHANGE ORDER NO. 1 FOR SOUTHERN SEGMENT OF SHADY OAK ROAD IMPROVEMENTS D. ADOPT RESOLUTION NO. 2015-51 APPROVING TRAFFIC CONTROL SIGNAL MAINTENANCE AGREEMENT NO. 05638 WITH MNDOT FOR TRAFFIC SIGNALS ON SHADY OAK ROAD AT TRUNK HIGHWAY 212 E. AWARD BASE BID PLUS ALTERNATE B CONTRACT FOR PURGATORY CREEK BANK STABILIZATION TO SUNRAM CONSTRUCTION F. AWARD CONTRACT FOR 2015 SEALCOATING PROJECT TO ALLIED BLACKTOP COMPANY G. AWARD CONTRACT FOR 2015 STREET BITUMINOUS OVERLAY AND RECLAMATION PROJECT TO BITUMINOUS ROADWAYS,INC. H. ADOPT RESOLUTION NO. 2015-52 ESTABLISHING LIMITED CLEAN UP AND PROPERTY DAMAGE PROTECTION FOR SEWER BACK-UPS AND WATER MAIN BREAKS FOR WATER AND SEWER CUSTOMERS I. AWARD CONTRACT FOR MILLER PARK PARKING LOT RECONSTRUCTION PROJECT TO BITUMINOUS ROADWAYS INC. J. AWARD CONTRACT FOR OUTDOOR CENTER PARKING LOT RECONSTRUCTION PROJECT TO MINNESOTA ROADWAYS CO. K. APPROVE AGREEMENT WITH EDEN PRAIRIE BASEBALL ASSOCIATION FOR ADVERTISING RIGHTS ON SCOREBOARDS AT ROUND LAKE STADIUM AND MILLER PARK L. APPROVE AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BLUESTEM HERITAGE GROUP FOR DESIGN OF THE KIOSK AT THE RILEY-JACQUES FARMSTEAD M. ADOPT RESOLUTION NO. 2015-53 SUPPORTING WAND CORPORATION'S APPLICATION FOR MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT'S JOB CREATION FUND N. ADOPT RESOLUTION NO. 2015-54 APPROVING PARTICIPATION IN THE MINNESOTA COUNCIL ON LOCAL RESULTS AND INNOVATION PERFORMANCE MEASUREMENT PROGRAM O. AWARD CONTRACT FOR PURCHASE OF CONCRETE FOR 2015 STREET MAINTENANCE PROJECTS TO CEMSTONE MOTION: Nelson moved, seconded by Aho, to approve Items A-O on the Consent Calendar. Motion carried 3-0. IX. PUBLIC HEARINGS/MEETINGS A. EDEN PRAIRIE PLAZA(SALON CONCEPTS)by SCEPRE, LLC. Request for Planned Unit Development District Review on 3.03 acres, Zoning District Review on 3.03 acres and Site Plan Review on 3.03 acres (Ordinance for PUD District Review and Zoning District Review) Getschow said the proposed project is to convert the former Frank's Nursery and Crafts outdoor display area into a 58 space parking lot. The outdoor display area has been vacant since 2007. The property is zoned Regional Service Commercial, and is within the Major Center Area and Town Center area. Consistent with the Major Center Area Plan and Town Center Plans, it is expected that the area will redevelop in the future. The applicant is proposing to remove the western wall of the outdoor display area in order to access the area to be used as a parking lot. A portion of the parking area is intended to be reserved for Salon Concepts employees. Vehicles will access the proposed parking lot through the existing delivery truck entrance for the subject property. The proposed lot will have one way circulation(cars accessing the parking lot through the south entrance and exiting at the north entrance)to reduce potential conflicts between vehicles using the new parking area and those using the truck entrance. Getschow said the following PUD waivers are proposed. The first waiver is to allow 79.9% impervious surface. City Code requires no more than 30% impervious surface in shoreland areas. The impervious surface is an existing condition on the property. The second is a waiver to the requirement for planting islands within parking areas. Instead of the parking islands, three large surface planters will be added along the front pedestrian area to add to the aesthetic quality of the existing parking lot and the pedestrian experience along the front of the building. The Planning Commission voted 6-0 to recommend approval of the project at the April 27, 2015 meeting. Brent Van Lieu, representing Salon Concepts, said Salon Concepts purchased the building in December, 2014. He said Eden Prairie Plaza is two parcels that are somewhat connected. They have a reciprocal parking easement with the Champps/Petco building. He noted Salon Concepts has been very well received, but severe parking problems have occurred because there is no overflow parking available. The new parking area would be restricted to stylists'use and would not be open for client parking. They plan to have directional signage in the new parking area and will add accent lighting and new landscaping features. Tyra-Lukens commented it is a good reuse of land that is just sitting there. She asked if the berm will remain. Mr. Van Lieu said the berm will stay. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing; to approve First Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Review within the Regional Service Commercial Zoning District on 3.03 acres; and to direct staff to prepare a development agreement incorporating Staff and Commission recommendations and Council conditions. Rosow said, after having discussions with Ms Klima and Ms Jeremiah earlier today, there is a general consensus that this is an interim use of property but there is no interim sunset provision included. Because the property is not being developed in conformance with the Guide Plan and waivers are required, he suggested the Council include as a condition to the development agreement that there be a sunset provision that would be subject to renewal by the Council if conditions for redevelopment are not right. Aho asked if there would be a time specified for the provision or if it would be tied to market conditions and redevelopment of the site. Rosow said the time would be developed by staff in discussions with the developer, and whatever time they believe to be appropriate would be included in the development agreement. That time is then subject to extension, based upon market conditions. Getschow noted the provision would be included in the second reading on June 16. Council Members agreed with the proposed condition. VOTE ON THE MOTION: Motion carried 3-0. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.55 RELATING TO LAND ALTERATION, TREE PRESERVATION AND STORMWATER MANAGEMENT Getschow said this amendment relates to the Stormwater Management and Erosion Control Ordinance to meet new requirements of the City's Phase II National Pollutant Discharge Elimination System (NPDES)permit program. City Code Section 11.55 has been revised to include requirements that the Minnesota Pollution Control Agency(MPCA) has instituted for issuance of a Stormwater Permit through the State's permitting authority. Leslie Stovring, Environmental Coordinator, gave an overview of the changes. She said April 3, 2014, Eden Prairie's application for coverage under the latest NPDES permit was approved. The NPDES permit includes a number of new requirements, including updating our City Code for management of stormwater post-construction. The amendment to the Code would address the following: • Ensure that the City requirements meet or exceed the standards set in State's Construction Activity Permit under the NPDES /DSD Program. • Incorporate new requirements for volume control and nutrient management for construction sites that disturb one (1) acre or greater. Stovring said the MPCA are trying to close a loophole whereby a developer could accumulate adjoining properties of less than one acre in order to avoid obtaining a stormwater permit and then market the property as one common project. She noted the tree replacement requirements were reorganized. Terminology changes were made, and an expiration date for the permit has been added. Subd. 6 which deals with standards and design criteria for post-construction has been added. There are new requirements for nutrient and volume management, and mitigation requirements for nutrient management. Nelson asked if the stormwater requirements will affect any individual homes that are over one acre. Stovring replied it would affect property of one acre or more if they are making changes or developing the property, but there are some exceptions for single family residential property. Nelson asked if there is anything about an individual taking down trees in the new requirements. Stovring said it is the same as it has always been. They would need to get a permit if they remove more than 10% or more than one tree. Aho asked if staff has an estimate of how much development costs would be impacted by these changes. Stovring said it does have the potential to increase costs because of the mitigation requirements. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing and to approve the first reading of an ordinance amending City Code Section 11.55 relating to Land Alteration, Tree Preservation and Stormwater Management. Motion carried 3-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho,Nelson and Tyra- Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS Tyra-Lukens said she wanted to mention the recent passing of a life-long resident of Eden Prairie, Marie Wittenberg. Ms Wittenberg was a very active community leader and wrote several books about Eden Prairie. She will be missed. XVI. ADJOURNMENT MOTION: Nelson moved, seconded by Aho, to adjourn the meeting. Motion carried 3-0. Mayor Tyra-Lukens adjourned the meeting at 7:52 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 16, 2015 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 Raffle Organization: Northern Star Council, Boy Scouts of America Place: Bearpath Golf& Country Club 18100 Bearpath Trail Date: July 27, 2015 - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Approve Second ITEM NO.: VIILB. Leslie Stovring, Public Works/ Reading of an Ordinance Amending City Code Environmental Services Section 11.55 Requested Action Move to: Approve second reading of an Ordinance amending City Code Section 11.55 relating to land alteration, tree preservation and stormwater management, and adopt Resolution approving Summary Ordinance for publication. Synopsis Eden Prairie was re-issued coverage under the National Pollutant Discharge Elimination System (NPDES) permit on April 3, 2014. The NPDES permit included a number of new requirements, including one that requires the City to update City Code Section 11.55 to include new requirements for stormwater management. Background Information The amendment to the Code includes the following: • Updates to reflect changes in State and Federal regulations and requirements of our Storm Water Pollution Prevention Plan(SWPPP). • Incorporate new requirements for volume control and nutrient management for construction sites that disturb one (1) acre or greater (including common plans of development). • Ensure that the City requirements meet or exceed the standards set in State's Construction Activity Permit under the NPDES Program. • Consolidation of the tree protection requirements. • Miscellaneous issues that have arisen during day to day application of the ordinance. These are generally what would be defined as housekeeping items. The first reading for the Ordinance was on May 19, 2015. Minor editorial changes were made to the ordinance since that time. Attachments • Ordinance • Ordinance Summary Resolution • Ordinance Summary CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 11.55 RELATING TO LAND ALTERATION, TREE PRESERVATION AND STORMWATER MANAGEMENT REGULATIONS. The following is only a summary of Ordinance No. _-2015. The full text is available for public inspection by any person during regular office hours at the office of the City Clerk. Amendments were made to Section 11.55 that include the following: Definitions were updated and added to the section; Permit Requirements were amended; Tree Preservation Requirements - Tree replacement plan requirements were consolidated into Subdivision 4; Stormwater Management Standards and Design Criteria - Provisions for development plans with land disturbance of greater than or equal to one acre in size were added including requirements for post-construction stormwater management, green infrastructure analysis, volume discharge prohibitions, volume discharge restrictions and stormwater treatment mitigation guidelines, and amendments that bring the stormwater management provisions into conformance with the standards established by the Minnesota Pollution Control Agency for the National Pollutant Discharge Elimination System (NPDES) permit program; Land Alteration Permit Application - New criteria were added for Land Alteration Permit applications, including but not limited to site grading plan and stormwater treatment calculation requirements; and Inspections, Monitoring and Maintenance - Requirements for inspection, monitoring and maintenance of all constructed stormwater facilities both during and after construction were revised. 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 RESOLUTION NO. 2015- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. -2015 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. -2015 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 16th day of June 2015. 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. -2015 is lengthy and/or contains charts. B. The text of the summary of Ordinance No. -2015 attached hereto, 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 No. -2015 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 June 16, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE SECTION 11.55 RELATING TO LAND ALTERATION, TREE PRESERVATION, AND STORMWATER MANAGEMENT REGULATIONS 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 is hereby amended by deleting Section 11.55 in its entirety and replacing it with the following: SECTION 11.55 - LAND ALTERATION, TREE PRESERVATION AND STORMWATER MANAGEMENT REGULATIONS. Subd. 1. Declaration of Policy and Purpose. A. Land Alterations are inherently accompanied by noise and dust, may create hazardous conditions and may result in lasting disfigurement of the places where they are carried on and thus may affect existing land uses in nearby areas, discourage further permanent development of the surrounding properties, impair adequate planning or municipal development, and diminish public health, safety, and general welfare. It is, therefore, desirable to regulate Land Alterations in the City. B. Tree removal, damage, and destruction tends to endanger the natural character of the land from which the trees have been removed and surrounding lands, and to diminish and impair the public health, safety and general welfare. The Council desires to protect the integrity of the natural environment and finds that trees do so by providing for better air quality, scenic beauty, protection against wind and water erosion, and natural insulation for energy preservation. Further, the Council finds that trees protect privacy and provide enhancement of property values. It is, therefore, the further purpose of this Section to provide regulations relating to the cutting, removal or killing of trees, with the consequent damage and destruction of the wooded and forested areas of the City, to promote the orderly development of such areas and thereby minimize public and private losses; to insure maintenance of the natural vegetation and topography; to encourage protection and preservation of the natural environment and beauty of the City; to encourage a resourceful and prudent approach to urban development of wooded areas which provides for minimal tree loss and mitigation of tree removal resulting from development; to provide an objective method to evaluate a development's impact on trees and wooded areas and identify whether and how the impact may be reduced; to provide incentive for creative land use and good site design which preserves trees while allowing development in wooded areas with mitigation Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 1 of 25 of tree removal and destruction; and to provide for enforcement and administration thereby promoting and protecting the public health, safety and welfare. C. The Council seeks to promote, preserve and enhance the natural resources within the City and protect them from adverse effects of stormwater runoff by providing site design standards that minimize stormwater runoff to meet the requirements of appropriate regulatory agencies. Subd. 2. Definitions. For the purposes of this Section, the following terms, phrases, and words shall have the meanings stated below. A. Applicant. A Person submitting an application for a Permit. B. Best Management Practices. Best Management Practices or BMPs (defined under Minnesota Rules 4001.1020, subp. 5) are practices to prevent or reduce the pollution of the waters of the state, including schedules of activities, prohibitions of practices, and other management practices, and also includes treatment requirements, operation procedures and practices to control plant site runoff, spillage or leaks, sludge, or waste disposal or drainage from raw material storage. BMPs are effective and practicable means of controlling, preventing, and minimizing degradation of surface water from Stormwater runoff. C. Building Permit. A Building Permit is a Permit issued pursuant to Minn. Stat. chap. 326, the State Building Code. D. Caliper Inches. The length, in inches, of a straight line measured through the Tree Trunk of a certified nursery raised tree at 12 inches above the ground. E. Canopy of a Tree. The horizontal extension of a tree's branches in all directions from the Tree Trunk. F. Certified Contractor. An individual who has received training and is licensed by the State of Minnesota to inspect and maintain erosion control practices. G. Construction Activity. A disturbance to the land that results in a change to the topography or existing soil cover (both vegetative and non-vegetative) that may result in accelerated stormwater runoff. Examples of Construction Activity may include clearing, grading, filling and excavation. H. Control Measure. The practice or combination of practices to control Erosion, Sedimentation and Pollution. I. Detention Basin. A Detention Basin is a natural or man-made structure, facility or basin for the temporary storage of Stormwater to allow settling of Pollutants while delaying Discharge of water so that water slowly empties from the area, including but not limited to, wetlands, dry ponds, Vegetated Swales, Infiltration trenches and Infiltration basins. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 2 of 25 J. Development Plan—A contiguous area that includes a common plan of development or sale where multiple separate and distinct land disturbing activities, including New Development or Redevelopment, may be taking place at different times, or different schedules, but under one proposed plan. One Development Plan is broadly defined to include design, Permit application, advertisement or physical demarcation indicating that land-disturbing activities may occur. K. Discharge. The conveyance, channeling, runoff, or drainage of Stormwater or any substance which enters a Stormwater Facility. L. DNR Catchment Area. The Hydrologic Unit 08 drainage areas that drain to a river, stream or lake as delineated and digitized by the Minnesota Department of Natural Resources (DNR) Watershed Delineation Project. The mapping information for the DNR Catchment Areas is available at the DNR Data Deli web site (deli.dnr.state.mn.us). M. Drip Line of a Tree. An imaginary vertical line which extends from the outermost branches of the Canopy of a Tree to the ground. N. Diameter. Wherever this term is used in reference to the measurement of a tree it shall mean a Tree Trunk as measured 4.5 feet above the ground. O. Erosion. Any process that wears away the surface of the land by the action of water, wind, ice or gravity. P. Erosion Control Systems. Methods, measures or systems employed to prevent soil Erosion. Q. Filtration. Filtration means the process by which Pollutants are removed through filtering and settling of stormwater runoff, biological and microbiological uptake, and/or soil adsorption. Filtering practices include media filters (surface, underground, perimeter), vegetative filters (filter strips, grass channels), and combination media/vegetative filters (dry swales). R. Final Stabilization. All Land Alteration has been completed and a uniform perennial vegetative cover with a density of seventy (70) percent of the cover for unpaved areas and areas not covered by permanent structures has been established on the land or equivalent permanent cover or stabilization measures have been employed as approved by the City. Sowing grass seed or an annual cover crop is not considered Final Stabilization. S. Green Infrastructure. A wide array of practices at multiple scales that manage wet weather and maintains or restores natural hydrology by infiltrating, evapotranspiring, or harvesting and using stormwater. On a regional scale, green infrastructure is the preservation or restoration of natural landscape features, such as forests, floodplains and wetlands, coupled with policies such as infill and redevelopment that reduce overall imperviousness in a watershed. On a local scale, green infrastructure consists of site and neighborhood-specific practices, such as bioretention, trees, green roofs,permeable pavements and cisterns. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 3 of 25 T. Infiltration. Infiltration is the capture and temporary storage of water to allow passage or movement of the water into the soil through the use of techniques such as Infiltration basins, Infiltration trenches, rainwater gardens, underground Infiltration systems, or natural or enhanced swales. U. Land. Land shall mean and include an entire Lot (as defined in Section 11.02 of the City Code) on or within the boundaries of which Land Alteration has occurred, or is to occur. V. Land Alteration Permit. A Permit to allow Land Alteration. This would include Grading and Filling Permit referenced in Section 11.50 Subd. 11. W. Land Alteration. Any land disturbing activity, including: excavating, grading, digging, cutting, scraping, clearing; removal of trees, filling or other change or movement of earth which may result in diversion of a man-made or natural water course or Erosion of Sediments. X. Maximum Extent Practicable. Maximum Extent Practicable or MEP means the statutory standard (33 U.S.C. 1342(p)(3)(B)(iii)) that establishes the level of Pollutant reductions that the Permittee must achieve. Determination of the appropriate BMPs required to satisfy the Land Alteration Permit requirements to the MEP will be completed by the City Engineer. Y. New Development. All Construction Activity that is not defined as Redevelopment. Z. NPDES. NPDES means the National Pollutant Discharge Elimination System as established pursuant to 33 USC § 1342 (b) to regulate Discharges of Pollutants to waters of the United States. AA. NPDES Permit. A NPDES stormwater discharge permit that is issued by the Minnesota Pollution Control Agency (MPCA) to regulate Discharges of Pollutants to waters of the United States, whether the permit is applicable on an individual, group or general area-wide basis. BB. Owner. Any person having a sufficient proprietary interest in the land for which a permit is or may be issued under this Section. CC. Permit. A Land Alteration Permit or a Building Permit. DD. Permittee. The holder of a Permit pursuant to this Section. EE. Pollutant. Pollutant means: (i) toxic or hazardous substances, wastes, or contaminants (including, without limitation, asbestos,urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous substance as defined in Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §9601-9657, as amended); (ii) substances that would require a permit for their Discharge into any water source or system or the air under the Federal Water Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 4 of 25 Pollution Control Act, 33 U.S. C. §1251 et Seq., or the Clean Air Act, 42 U.S.C. §7401 et S .; (iii) hazardous substances, Pollutants or contaminates defined in Minnesota Statutes Chapter 115B; (iv) litter, yard waste, garbage, liquid and solid wastes, fertilizers, pesticides, herbicides, paints, solvents, automotive fluids, wastes and residues that result from constructing a building or structure, and (iv) any other similar state law or ordinance. A Pollutant of Concern is a Pollutant specifically identified in a USEPA-approved Total Maximum Daily Load (TMDL) report as causing a water quality impairment. FF. Redevelopment. Any Construction Activity where, prior to start of construction, the areas to be disturbed have 15% or more of impervious surface(s). GG. Retention Basin. A retention basin is a temporary or permanent natural or man-made structure, facility or basin that provides for storage of Stormwater where water is allowed to empty through evapotranspiration, Infiltration, Filtration or evaporation, including but not limited to wet, dry or National Urban Runoff Program(NURP)ponds. HH. Root Zone. The area under a tree which is at and within the Drip Line of a Canopy of a Tree. II. Saturated Soil. The highest seasonal elevation in the soil that is in a reduced chemical state because of soil voids being filled with water. Saturated soil is evidenced by the presence of redoximorphic features or other information. JJ. Sediment. The product of an Erosion process, including solid matter both mineral and organic, that is in suspension, is being transported, or has been moved by water, air, gravity or ice and has come to rest on the earth's surface either above or below the normal water level. KK. Sedimentation. The process or action of depositing Sediment. LL. Significant Tree. Any deciduous hardwood tree (except elm, willow, box elder and aspen) measuring 12 inches in Diameter or greater, or a coniferous tree measuring 8 inches in Diameter or greater. MM. Site. The area of Land within which Land Alteration occurs or is to occur. NN. Stormwater. Any form of natural precipitation which causes water to runoff or flow from one place to another and includes Stormwater runoff, snow melt runoff, and surface runoff and drainage. 00. Stormwater Facility. A stationary and permanent Stormwater BMP designed, constructed and operated to prevent or reduce the Discharge of Pollutants in Stormwater as well as structures built to collect, convey, or store Stormwater, including but not limited to, inlets, pipes, storm drains, pumping facilities, Retention Basins, Detention Basins, drainage channels, reservoirs, and other drainage structures. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 5 of 25 PP. Stormwater Management. The use of structural or non-structural practices that are designed to reduce the movement of Stormwater, including Stormwater Discharge volumes, and peak flow Discharge rates. QQ. Stormwater Pollution Prevention Plan (SWPPP). A plan described in Subd. 8.E of this Section. A SWPPP also refers to that SWPPP required by the MPCA under the NPDES Permit program to manage and reduce the Discharge of Pollutants in Stormwater. RR. Tree Trunk. The stem portion of a tree from the ground to the first branch thereof. SS. Vegetated Swales. A vegetated earthen channel that conveys Stormwater while treating the Stormwater with biofiltration. Such swales may be designed to pretreat surface runoff by removing Pollutants through Filtration and Infiltration. TT. WMZ. The WMZ (Wellhead Management Zone) is the area within a fifty (50) foot radius from any municipal well. Subd. 3. Permit Requirements and Exemptions. A. Permit Required. Except as hereafter provided, it is unlawful for any person to use Land for, or to engage directly or indirectly in, Land Alteration unless such person shall first have applied to and obtained from the City, in the manner hereinafter provided, a Permit authorizing the same. B. Single Family Dwelling. At a minimum, a person engaging in Land Alteration in connection with construction of a Single Family Dwelling must obtain a Building Permit from the City. In addition, a Land Alteration Permit may be required if the City Engineer or his/her designee determines that site conditions require a Permit or if a Land Alteration Permit is required in other Sections of the City Code. The Permittee who conducts Land Alterations pursuant to a Building Permit shall be required to comply with Subds. 5, and 7 of this Section. In the event more than 10% of the Significant Trees on the Site are to be removed, the Permittee shall also comply with Subd. 4 of this Section. Failure to comply with Subds. 4, 5, and 7 of this Section if applicable, will subject the Permittee to the provisions of Subd. 7.J of this Section. The application for the Building Permit shall include a Certificate of Survey, including a map of the Erosion Control Measures which will be provided, and must be pre-approved in writing by the City. Single Family Dwelling construction includes construction of a single family dwelling, garage, pool, addition, driveway or deck. C. General Exemptions. The following Land Alterations are exempt from the requirements for a Permit: 1. Any Land Alteration occurring pursuant to a Land Alteration or Building Permit which was approved by the City prior to April 21, 2015 and which has not expired. 2. Movement of less than 100 cubic yards of earth. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 6 of 25 3. For all lots except residential lots, the cutting, removal or killing of less than 10% of the Significant Trees on any Land within a period of five years. For residential lots, the cutting, removal or killing of less than 10% of the Significant Trees or 1 Significant Tree, whichever is greater, on any land within a period of five years. 4. Any destruction or disruption of vegetation covering an area equal to or less than 10% of any Land. 5. Installation of a fence, sign, telephone or electric poles and other posts or poles which result in less than 1,000 square feet of exposed soil. 6. Home gardens, turf or an individual's home landscaping, installation, repairs and/or maintenance work. 7. Retaining walls less than four (4) feet in height and twenty-five (25) feet in length that are constructed in a manner which does not change the existing Stormwater Drainage. This would include a single or tiered retaining wall system. 8. Existing agricultural, horticultural or silvicultural operations. 9. Opening and closing graves. 10. Emergency work to prevent or alleviate immediate dangers to life, limb, property or natural resources. In such an event, if a Permit had been required but for the emergency, the obligations of this Section shall apply and shall be performed at the earliest reasonable time thereafter. 11. Excavations for tunnels, wells, utilities, trails, sidewalks, roads or other public work projects which are undertaken by the City, unless the disturbance meets the criteria established in Subd. 6 of this Section. D. Other Requirements. Neither this Section nor any administrative decision made under it exempts a person from other requirements of this Code, from procuring permits required by other agencies (including but not limited to the Watershed District, Hennepin County, Minnesota Pollution Control Agency (MPCA), the Minnesota Department of Natural Resources (DNR) or the U.S. Army Corps of Engineers (USACE) or from complying with the requirements and conditions of such permits. A copy of any permits related to Wetlands, Land Alteration or Stormwater received from another federal, state or local authority must be provided to the City Engineer prior to issuance of a Permit from the City. Subd. 4. Tree Replacement Plan Requirements. The issuance of a Land Alteration Permit or Building Permit shall be further subject to and conditioned upon compliance by the Permittee with the following: Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 7 of 25 A. Tree Inventory. A Tree Inventory certified by a registered land surveyor, landscape architect or forester must be provided to the City Forester. The Tree Inventory must depict the following: 1. The size, species, condition and location on the Site of all Significant Trees. On large wooded areas, forest mensuration methods may be used to determine the total Diameter inches of trees outside the area of the proposed Land Alteration. 2. A list of Significant Trees which will be lost due to the proposed Land Alteration. Significant Trees shall be considered lost as a result of: a. grade change or Land Alteration, whether temporary or permanent, of greater than one (1) foot measured vertically, affecting 60% (as measured on a horizontal plane) or more of the tree's Root Zone; b. utility construction (i.e., sewer, water, storm sewer, gas, electric, telephone and cable TV) resulting in the cutting of 60% or more of the tree's roots within the Root Zone; c. mechanical injury to the Tree Trunk of a Significant Tree causing loss of more than 40% of the bark at any given Diameter location along the trunk; or, d. compaction to a depth of 6 inches or more of 60% or more of the surface of the soil within a Significant Tree's Root Zone. 3. The number, type and size of trees required to be replaced pursuant to this Section. 4. The location of the replacement trees. B. Tree Replacement Requirements. The Permittee shall replace Significant Trees lost or reasonably anticipated to be lost as a result of Construction Activity or Land Alteration immediately upon the occurrence of a loss, whether the loss occurs during Construction Activity, Land Alteration or thereafter, by the Permittee, his agent, or successor in interest by planting that number of trees (Replacement Trees) determined in accordance with the following formula: A= Total Diameter Inches of Significant Trees Lost as a Result of the Land Alteration B = Total Diameter Inches of Significant Trees Situated on the Land C = Tree Replacement Constant(1.33) D = Replacement Trees (Number of Caliper Inches) [(AB)xC] xA=D EXAMPLE A= 337 B = 943 Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 8 of 25 C = 1.33 D = 160 [(337/943)x 1.33] x 337= 160 The trees required to be replaced pursuant to this Section shall be in addition to any other trees required to be planted pursuant to any other provision of the Code. A Financial Security is required as described in Subdivision 12 of this Section. C. Location of Replacement Trees. Replacement Trees shall be planted in one or more of the following areas on the Land: 1. Restoration areas including steep slopes. 2. Outlots or common areas. 3. Buffer zones between different land uses and/or activities. 4. Project entrance areas. 5. Wetland Buffer Areas 6. Stormwater BMPs designed according to Subd. 6. 7. Any other part of the Land except areas dedicated or conveyed to the City, unless the City consents in writing. D. Sizes and Types of Replacement Trees. Replacement Trees must be no less than the following sizes: 1. Deciduous trees - no less than three (3) Caliper Inches. 2. Coniferous trees - no less than seven(7) feet high. On steep slopes (i.e., greater than 3:1) deciduous trees may be two (2) Caliper Inches and coniferous trees may be six (6) feet in height. Replacement Trees shall be of a species similar to the trees which are lost and shall be pre- approved in writing by the City. E. Time to Perform. Replacement trees shall be planted not less than 18 months after the date of issuance of the Permit. F. Missing, Dead or Unhealthy Trees. Any Replacement Tree which is not alive or healthy one (1) year after the date that the last Replacement Tree has been planted shall be removed and a new healthy tree of the same size and species shall be planted in place of the removed tree. All such plantings shall occur within one year of the date the tree qualifies as dead, unhealthy or missing. G. Sources of Trees. Replacement trees shall consist of"certified nursery stock" as defined by Minnesota Statutes Section 18.46. Trees planted in place of missing, dead, or unhealthy Replacement Trees shall consist only of"certified nursery stock" as defined by Minnesota Statutes, Section 18.46. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 9 of 25 H. Exceptions. The provisions of Subd. 4 shall not apply to the cutting of trees planted and grown by the owner or owner's predecessor on real estate which on April 17, 1990 was classified as Class 2b property according to Minnesota Statutes 1989 Supplement, Section 273.13, Subd. 23(b) because it was as of such date real estate, rural in character, and used exclusively for growing trees for timber, lumber, wood and wood products as described in clause (1) of said Subd. 23(b). Subd. 5. General Requirements for Land Alteration. Land Alteration shall be subject to and conditioned upon the performance by the Permittee or Owner of the following general requirements regardless of whether a Permit is required: A. Concrete Truck Wash Out. Designation of an area for wash out of concrete trucks and equipment must be provided by the Permittee. Sites that are one acre or more must provide on the Site a station for washing out concrete trucks and equipment. The location of the wash out area or wash out station shall preclude the drainage of concrete and all other wash out wastes from the washing activities to a Stormwater Facility or water resource. B. Corrections. Breaches of the perimeter of the Site by Erosion shall be immediately corrected, cleaned up and restored. A right-of-entry from the adjoining property owner(s) must be obtained to implement clean up and restoration on adjoining properties that were impacted by the Erosion. Erosion breaches must be corrected within 48 hours of obtaining a right-of-entry. C. Drain inlet protection. All storm drain inlets shall be protected during Construction Activities and Land Alteration with silt fence or other equivalent barrier meeting accepted design criteria, standards and specifications contained in the MPCA publication "Protecting Water Quality in Urban Areas" or alternative pre-approved in writing by the City until Final Stabilization is completed. D. Driveway construction or replacement. All driveway construction or replacement that disturbs the underlying soils shall be installed in accordance with City Code Chapter 11 surface requirements. Driveway construction shall be completed within 120 days after the earlier of the following: (i) completion of the structure(s) for which the driveway is constructed; (ii) a driveway replacement project is started; or(iii) a Certificate of Occupancy has been issued; unless otherwise approved by the City. E. Erosion Control Installation. Erosion Control Systems shall be installed prior to commencement of any Land Alteration activity and maintained during the Land Alteration activities in accordance with the following parameters: 1. Stormwater channeled from adjacent areas passing through the Site shall be diverted around disturbed areas during the Land Alteration, if practical. Diverted Stormwater shall be conveyed in a manner that will not erode the channels. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 10 of 25 2. All activities on the Site shall be conducted in a manner which minimizes the area of bare soil exposed at any one time. 3. Runoff from the Site shall be controlled by meeting subsection a. below and either subsection b. or c., depending on the size of the Site. a. All disturbed earth shall be stabilized by seeding (if prior to September 15), sodding, mulching, or other equivalent Control Measure pre-approved in writing by the City within fourteen (14) days of ceasing Construction Activity or Land Alteration, unless required otherwise in a federal, state or local permit. b. For sites with more than ten (10) acres disturbed at one time, or if a channel originates in the disturbed area, one (1) or more temporary and/or permanent Detention or Retention Basins (Basin) shall be constructed. Each Basin shall have a surface area of at least 1% of the area draining to the Basin and at least three (3) feet in depth. Each Basin shall be constructed in accordance with design specifications approved by the City. The Permittee or Owner shall ensure that Sediment is removed on a regular basis in order to maintain a depth of three (3) feet in depth. The Basin Discharge rate shall also be sufficiently low as to not cause erosion along the Discharge channel or the receiving water. c. For Sites with less than ten (10) acres disturbed at one time, silt fences, or equivalent Control Measures shall be placed along the side and down slopes of the Site. If a channel or area of concentrated runoff passes through the site, silt fences shall be placed along the channel edges to reduce Sediment reaching the channel. Erosion Control Systems may be adjusted during dry weather to accommodate short term activities, such as those that require the passage of very large vehicles. As soon as the activity is finished and in any event prior to the occurrence of rainfall, the Erosion Control Systems must be returned to the original configuration. F. Erosion Control Maintenance. All Erosion Control Systems shall be designed to minimize the need for maintenance and to provide access for maintenance purposes. All Erosion Control Systems shall be maintained in a functional condition until Final Stabilization of the Site and until all Land Alteration, including completion of turf and/or structural surfaces used to control soil erosion, is complete. Erosion Control Systems shall be removed within thirty(30) days following Final Stabilization. H. Final Stabilization. Upon ceasing operations or upon interrupting Land Alterations for a period of six (6) months or more, the Permittee or Owner shall complete Final Stabilization of the site. For a Certificate of Occupancy issued from April 1 to August 31, ground cover shall be established within sixty (60) days of the issuance of the Certificate. For a Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 11 of 25 Certificate of Occupancy issued between September 1 to March 31, ground cover shall be established prior to June 1 of the following year. I. Hours of Operation. No Land Alterations shall be conducted prior to 7:00 o'clock a.m. nor after 7:00 o'clock p.m. on Monday through Friday, prior to 9:00 o'clock a.m. nor after 7:00 o'clock p.m. on Saturday, nor any time on Sundays or legal holidays. The City may, upon good cause being shown, vary these days and hours in writing. J. Protection of Adjoining Structures. No Land Alteration shall occur which may endanger the use or support of adjoining lands or structures. K. Slope Stabilization. Land contours made in conjunction with Land Alteration shall be sloped on all sides at a minimum ratio of three horizontal to one vertical (3H:1 V) or greater, unless a steeper slope is approved in writing by the City. M. Temporary Fencing. Temporary construction fencing must be installed around the Site, if necessary, to protect the public or natural resources against injury or damage. All temporary construction fencing shall be removed within ten (10) days following elimination of potential injury or damage or issuance of a Certificate of Occupancy, whichever occurs first. The fencing shall not be used as a permanent installation. N. Temporary Soil or Dirt Storage. Soil or dirt storage piles containing more than fifty (50) cubic yards of material shall be stabilized by mulching, vegetative cover, tarps, or other equivalent Control Measures within fourteen (14) days unless required otherwise in a federal, state or local permit. O. Tracking or Spilling. BMPs shall be employed to minimize Sediment from being tracked or spilled onto public or private roadways. The BMPs may include, but are not limited to, the following: frequent cleaning of streets adjacent to the construction site, rock construction entrances, graveled roads,washing stations, and parking areas of sufficient width and length. Sediment reaching a sidewalk, trail or public or private road shall be removed by street cleaning with power sweepers (not flushing) before the end of each workday or as otherwise ordered by the City in writing. Should eroded soils enter, or entrance appears imminent, into wetland or other water bodies, clean up and repair shall be immediate. The Permittee or Owner shall be responsible for signage and other protection measure during clean up operations. P. Site Dewatering. Water pumped from the Site shall be treated by temporary Sedimentation basins, grit chambers, sand filters, upflow chambers, hydro-cyclones, swirl concentrators or other controls as appropriate. Water may not be Discharged in a manner that causes Erosion or flooding that creates an adverse impact to the Site, abutting property, receiving channels or a wetland. Q. Unsafe Conditions. The Permittee shall repair, change, alter, modify or desist from any Land Alteration deemed by the City Engineer or his/her designee to be the cause of unsanitary, dangerous, or polluted conditions harmful to the general welfare of the City. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 12 of 25 R. Waste and Material Collection and Disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, litter, wastewater or sewage, toxic materials or hazardous materials) shall be properly contained while on site, properly disposed of off-site, and not allowed to be carried by water and/or wind off the site or into a receiving channel or storm sewer system. Waste containers and all construction materials shall not be placed or stored such that they obstruct, encroach upon, or interfere wholly or in part with any public right-of-way, including but not limited to, public roadways, trails, sidewalks, parks or other public properties unless a permit is issued under City Code Section 6.06. S. Wetlands and Waterways. Stormwater shall not be Discharged directly into any natural water bodies such as wetlands, lakes or streams without pre-settlement. Wetlands must not be drained or filled, wholly or partially, unless a permit to replace by restoring or creating wetland areas of at least equal public value has been issued by the local governing unit. The permit and replacement must be in accordance with the Wetlands Conservation Act [MN Statutes 103G.221 et. Seq. (herein referred to as the WCA)] and City Code Section 11.51. Subd. 6. Development Plan Stormwater Management Standards and Design Criteria Development Plans with land disturbance of greater than or equal to one acre, including projects of less than one acre that are part of a larger common plan of development or sale, shall include evaluation of the following provisions. The evaluation must be provided with the Land Development Application. Variances may not be granted by the City for the stormwater requirements set forth in Subdivision 6.G. A. Green Infrastructure Analysis. The use of Green Infrastructure techniques and practices shall be the preferred BMPs for accomplishing compliance with Subd. 6.B. and Subd. 6. C. The following Green Infrastructure design options or types of features must be considered, consistent with zoning, subdivision and PUD requirements: 1. Preserving natural vegetation. 2. Preserving and utilizing natural upland swales, depressions and upland storage areas in the post-development condition to the degree that they can convey, store, infiltrate, filter or retain Stormwater runoff before Discharge. Preservation requires that no grading or other Construction Activity occurs in these areas. 3. Minimizing impervious surface. 4. Installing permeable pavement to allow stormwater runoff to filter through surface voids into an underlying reservoir for temporary storage and/or Infiltration. 5. Utilizing vegetated areas to filter sheet flow, remove Sediment and other Pollutants and increase time of concentration to slow Discharge or reduce runoff of Stormwater. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 13 of 25 6. Disconnecting impervious areas by allowing runoff from small impervious areas to be directed to pervious areas where it can be infiltrated or filtered. 7. Installing a green roof to provide an environment for plant growth for treatment of stormwater through filtering of suspended solids and pollutants and/or for volume and rate control as part of the roof system for the building. 8. Using irrigation ponds or systems, cisterns, rain barrels and related BMPs to reuse Stormwater runoff. 9. Planting of trees for retention and detention of Stormwater runoff as defined in the Minnesota Stormwater Manual or State of Minnesota Minimal Impact Design Standards (MIDS). 10. Utilizing a soil amendment or decompaction process after site disturbance. 11. Minimizing parking facility size. 12. Increasing buffers around streams, steep slopes and wetlands to protect from flood damage and/or provide additional water quality treatment. Development Plans shall be designed to protect and minimize impacts to natural features such as wetlands, wooded areas, rare and endangered species habitat, preservation areas designated by the Hennepin County Biological Survey, Metro greenways, and parkland to the MEP. B. Post-Construction Stormwater Management. Development Plans shall include the following conditions to the MEP. 1. New Development projects must have no net increase from pre-project conditions on an annual average basis of: a. Stormwater Discharge Volume b. Stormwater Discharges of Total Suspended Solids (TSS) c. Stormwater Discharges of Total Phosphorus (TP) 2. Redevelopment projects must have a net reduction from pre-project conditions on an annual average basis of: a. Stormwater Discharge volume b. Stormwater Discharges of TSS c. Stormwater Discharges of TP C. Volume Management. Volume Management Measures for Development Plans shall meet the following standards: Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 14 of 25 1. Retain a runoff volume equal to one (1.0) inch times the area of the proposed new impervious surfaces onsite. 2. Pretreatment in the form of sump structure, vegetated filter strip, water quality inlet or other Sediment control method to settle particulates approved by the City shall be provided for all Infiltration areas. 3. Calculations, modeling and design for and installation of Infiltration BMPs must be provided. 4. No wetlands or areas below the calculated normal water level of constructed wet ponds shall be accepted as an Infiltration practice. D. Stormwater Discharge Volume Prohibitions. The use of Infiltration is prohibited on sites where the Infiltration BMP will receive Discharges from, or be constructed in, any of the following areas: 1. Where industrial facilities are not authorized to infiltrate industrial Stormwater under an NPDES/SDS Industrial Stormwater Permit issued by the Minnesota Pollution Control Agency(MPCA). 2. On Land where vehicle fueling and maintenance currently occur. 3. Where there is less than three (3) feet vertical feet of separation from the bottom of the Infiltration BMP to the elevation of seasonally saturated soils or the top of bedrock. 4. Where high levels of contaminants in soil or groundwater will be mobilized by the infiltrating Stormwater. Documentation regarding type and extent of identified contaminants identified, such as a Phase II Environmental Site Assessment, must be provided. E. Stormwater Discharge Volume Restrictions. The use of Infiltration shall be subject to review and approval by the City Engineer where the use of Infiltration BMPs are restricted due to Construction Activity occurring on any of the following sites: 1. Where predominately Hydrologic Soil Group D (clay) soils exist. 2. Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features. The city may require the applicant to perform additional appropriate geotechnical investigations in areas of suspected active karst or shallow bedrock. 3. Where the bottom of the Infiltration basin will be less than 3 feet above the normal water level of any adjacent wetland. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 15 of 25 4. Within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. Rules 4720.5100, subp. 13. 5. Where soil Infiltration rates exceed 8.3 inches per hour. 6. Within 50 feet of a salt stockpile or storage area. 7. Where vehicle fueling and maintenance previously occurred. 8. Within the Wellhead Management Zone (WMZ) of any City well. City approval shall be conditioned upon completion of higher engineering review and submittal of the analysis to the City Engineer in these areas that demonstrate to the reasonable satisfaction of the City Engineer that the Infiltration BMPs will perform properly and that groundwater is adequately protected. F. Stormwater Discharge Volume Exceptions. The use of less Infiltration for volume control on the Site of the Construction Activity or Land Alteration may be allowed subject to review and approval in writing by the City where: 1. The Site is precluded from infiltrating Stormwater through a designed system due to any of the limitations described in Subds. 6.D or 6.E of this Section. 2. The project is a linear project where the right-of-way precludes the installation of volume control practices that meet the conditions for post-construction storm water management Subds. 6.B or 6.0 of this Section. A reasonable attempt must be made to obtain right-of-way during the project planning process. If the City Engineer determines that Infiltration is restricted or prohibited on site, the Permittee or Owner shall incorporate to the MEP Stormwater treatment alternatives such as Filtration, evapotranspiration, reuse, harvesting, conservation design, green roofs, or other similar techniques on the Site to reduce Stormwater Discharge volume. The City may allow, by an approval in writing, the Permittee or Owner to provide payment to the City in lieu of the volume reduction upon written approval by the City. The request and any information and/or calculations required to support the estimated amount of volume reduction and payment amount must be provided in writing to the City Engineer with the Application for the Land Alteration Permit. G. Stormwater Management Mitigation. In circumstances where the Permittee cannot cost effectively meet the post-construction requirements for Total Suspended Solids (TSS) or Total Phosphorus (TP) treatment established in Subd. 6.B in this Section on the Site, the Permittee must identify locations where mitigation projects will be completed by the Permittee. The TSS and/or TP not addressed on Site must be addressed through mitigation approved in writing by the City and, at a minimum, shall ensure the following: 1. Mitigation project areas are selected in the following order of preference: Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 16 of 25 a. Locations that yield benefits to the same receiving water that Stormwater runoff drains to from the Construction Activity or Land Alteration. b. Locations with the same Department of Natural Resource (DNR) catchment area as the Construction Activity or Land Alteration. c. Locations in the next adjacent DNR catchment area up-stream d. Locations anywhere within the City. 2. Mitigation projects must be approved by the City in writing and may include either: (i) creation of new Stormwater Facilities, (ii) retrofit of existing Stormwater Facilities, or (iii) creation or use of a regional Stormwater Facility. Routine maintenance of Stormwater Facilities already installed cannot be used to meet mitigation requirements. 3. Completed within 24 months after the start of the Construction Activity or Land Alteration. The Permittee shall determine, document and provide the contact information for the Person who is responsible for long-term maintenance on all mitigation projects. The Person responsible is subject to approval by the City. The Permittee may be allowed to provide payment to the City in lieu of the Stormwater Management mitigation activity upon written approval by the City Engineer. The payment shall include all costs, including but not limited to the cost of land purchase, analysis, design, construction, monitoring and maintenance of the mitigation site. H. Stormwater Facility Design Standards. All storm sewer system components, including inlets, outlets, catch basins, piping and other structures designed to treat or convey Stormwater, shall be designed for a minimum 10-year frequency event using currently accepted rainfall data with the exception of storm sewer systems near critical topographic features such as steep slopes and bluffs which shall be designed for a 100-year frequency event with a designated overland emergency overflow (EOF). Green Infrastructure required by the City or other regulatory agency may be considered for reductions in storm sewer design requirements if pre-approved in writing by the City Engineer. I. NURP Design Criteria. If Stormwater Facilities are required by the City to meet the requirements of Subd. 6.B and 6.C, the Stormwater Facilities may be required to include a Stormwater pond which shall be based on NURP Design Criteria with a calculated water elevation for a 100-year frequency event. Proposals to provide an alternative to the NURP Design Criteria may be considered but must be approved in writing by the City Engineer. The NURP pond shall be designed by a Professional Engineer licensed in Minnesota (PE). The following NURP Design Criteria must be incorporated into the design submitted for review. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 17 of 25 1. A permanent pond surface equal to 2% of the impervious area draining to the pond or 1% of the entire area draining to the pond, whichever amount is greater. 2. An average permanent pool depth of four(4)to ten (10) feet. 3. A recommended permanent pool length to width ratio of 3:1 or greater. 4. A minimum protective shelf extending ten (10) feet into the permanent pool with a slope of 10:1,beyond which slopes shall not exceed 3H:1V. 5. All Stormwater Facilities shall have a device to keep oil, grease, and other water borne material from moving downstream as a result of normal operations. Subd. 7. Inspections, Monitoring and Maintenance. A. Inspections. Inspections of the Site and Stormwater Facility to determine compliance with the requirements of this Section are the responsibility of the Permittee and/or Owner. Sites which require a NPDES Permit or are greater than 1.0 acre in size must have inspections completed by a Certified Professional in Erosion & Sediment Control (CPESC) or a Professional Engineer licensed in Minnesota (PE). Inspection results and maintenance activity reports must be completed and submitted in writing to the City for a minimum of two (2) years following completion of construction and final acceptance by the City. B. Right of Entry and Access to Materials. The City shall be entitled to enter and inspect the Site and Stormwater Facilities as often as may be necessary to determine compliance with this Section and shall be entitled to examine and copy records, wherever they may be kept that must be maintained pursuant to the Permit or local, state or federal law. C. Obstructions to Access. Any temporary or permanent obstruction to safe and easy access to a Site or Stormwater Facility subject to inspection shall be promptly removed by the Permittee or Owner at the request of the City and shall not be replaced. D. Monitoring and Testing of Stormwater Discharge and Stormwater Facilities. To assure that the Land Alteration is being conducted in accordance with the conditions stated on the Permit, the City may order, at the expense of the Permittee or Owner, monitoring of the Stormwater Discharge and/or Stormwater Facility, including those field measurements or testing the City deems necessary to assure that the conditions and requirements of the Permit are being followed. If the monitoring is not completed, the City shall have the right to set up on any Site such devices as are necessary in the opinion of the City to conduct monitoring, testing and/or sampling of the Stormwater and/or Stormwater Facility. E. Inspections and Maintenance during Land Alteration Activities. During the Land Alteration the Permittee must inspect each Stormwater Facility and Erosion Control System bi-weekly and immediately after each rainfall event of 0.5 inches or more. Any Erosion or breach in an Erosion Control System must be corrected within 48 hours of identifying the Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 18 of 25 Erosion or breach. Correction may include, but is not limited to: rehabilitation of an Infiltration practice; removal of silt, litter and other debris from catch basins, inlets and drainage pipes; removal of noxious or invasive weed species; and/or replacement of landscape vegetation. Inspections shall include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of Erosion Control Systems and other Stormwater Facilities. Documentation for each inspection must be provided to the City in a format approved by the City within 48 hours of the inspection. F. Post Activity Inspections. All Stormwater Facilities must undergo, at a minimum, one inspection annually for two (2) years after completion and final acceptance of the construction. After two annual inspections are approved by the City in writing, all Stormwater Facilities must undergo, at a minimum, one inspection every five (5) years to document maintenance and repair needs and ensure compliance with the requirements of this Section and all federal, state and local regulations. An inspection report for each inspection shall be filed with the City within 48 hours of the inspection. The inspection frequency may be increased as deemed necessary by the City to ensure proper functioning of the Stormwater Facility. The requirements of this paragraph pertain only to Stormwater Facilities which are not subject to an easement or maintenance agreement in favor of the City, Watershed District or other federal, state or local agency. G. As-Built Surveys. An as-built survey of every Stormwater Facility must be provided to the City within one year of final completion of Construction Activity or Land Alteration. H. Post Activity Stormwater Facility Maintenance. Owners of Land which includes a Stormwater Facility must maintain the Stormwater Facility to ensure proper functioning of the Stormwater Facility over time. Maintenance shall include: restoration or replacement of Stormwater Facilities' function; removal of silt, litter and other debris from catch basins, inlets and drainage pipes; removal of noxious or invasive weed species; or replacement of landscape vegetation if needed. All required maintenance shall be addressed in a timely manner, as determined by the City. The maintenance requirement may be increased as deemed necessary by the City to ensure proper functioning of the Stormwater Facility over time. The requirements of this paragraph pertain only to Stormwater Facilities which are not subject to an easement or maintenance agreement in favor of the City or Watershed District or other federal, state or local agency. The City may perform maintenance on any private Stormwater Facility which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, or to the storm sewer system or surface waters. The Owner of the private system shall be responsible for any costs and charges that are associated with this work. I. Stormwater Facility Easement. When any new Stormwater Facility is installed on private property where it receives drainage from a public Stormwater system, the property owner shall grant to the City an easement in recordable form granting the City the right, but not the obligation, to maintain, reconstruct, repair and inspect the Stormwater Facility. The Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 19 of 25 easement shall be received by the City prior to completion of the construction of the Stormwater Facility and shall include the right to enter onto the Site to gain access to the Stormwater Facility. J. Failure to Maintain Practices. If a Permittee fails or refuses to meet any of the requirements of this Section, the City, after notice, may inspect the Stormwater Facility to determine if maintenance is required to ensure compliance with this Section and/or correct any violations by performing all necessary work to place the Site in compliance with this Section. If the City identifies violations of this Section as a result of the inspection, the City shall notify the Permittee of the violation and a time by which the violations must be corrected. The notice shall further advise that, should the Permittee fail to correct the violation by the stated date, the City will cause the violation to be corrected and the expense thereof shall be charged to the Permittee or Owner. Each violation of this Section are deemed and declared a public health and safety hazard and a public nuisance. Building inspections may be withheld until the violation is abated or corrected. The City may also issue a stop-work order on any activities that violate the terms of this Section. If payment is not made within thirty (30) days after costs are incurred by the City, payment will be withdrawn from the Permittee's Financial Security required by this Section. If there is an insufficient amount in the Financial Security to cover the costs incurred by the City or if there is no Financial Security, then the City may assess the Land for the cost of repair work and any penalties and the amount assessed shall be a lien on the Land and may be certified to the County Auditor to be placed on the tax statement and collected in the same manner as ordinary taxes by the county. Subd. 8. Land Alteration Permit Application Requirements. A. A person seeking a Land Alteration Permit shall make application to the City on a form provided by the City and must include information that exhibits compliance with City Code Section 11.55 and other federal, state and local permit requirements, including the State of Minnesota issued NPDES/SDS General Permit to Discharge Stormwater Associated with Construction Activity or Land Alteration, as applicable. B. Inspection and Maintenance. All Stormwater Facilities shall be designed to minimize the need for maintenance, to provide access for maintenance purposes and to be structurally sound. Prior to issuance of the Permit, the Applicant shall obtain necessary easements or other property interests to allow access to the Stormwater Facilities for inspection and maintenance. A copy of the easements and/or property interests must be provided with the Application. C. Land Alteration / Plan Review Permit Fee. A Land Alteration / Plan Review Fee in an amount set forth in the City Fee Schedule must be paid at the time of submitting an Application to the City. In the event the Land Alteration Permit application is denied, 50% of the Permit Fee shall be returned to the Applicant. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 20 of 25 D. Site construction and/or site grading plans. All plans provided shall be at the same scale. The minimum scale shall be one inch equals 50 feet. All plans must be signed by a Professional Engineer licensed in Minnesota (PE) who must verify that the design of all Stormwater Facilities and Erosion Control Systems meet the requirements contained in this Section. The following plans must be included with the application: 1. A topographic map of the Site as it exists prior to the proposed Land Alteration showing ground elevation contours at two-foot intervals. The map shall include a minimum of 250 feet of land abutting the Site on all sides that is sufficient to show on- and off-site drainage. 2. A topographic map of the Site (grading plan) showing the existing and proposed ground elevation contours at two-foot intervals. 3. Locations and dimensions of all proposed Land Alterations and site features before and after Land Alteration. 4. The Emergency Over Flow (EOF) location and elevation for each Stormwater Facility. 5. The location and size of existing and proposed building pads. 6. Locations and dimensions of all temporary or interim soil or dirt stockpiles. 7. Location, dimensions and plans of all temporary, interim and final Stormwater Facilities and Erosion Control Systems necessary to meet the requirements of this Section. 8. Methods that will be used to stabilize the site during and after construction, including types, time frames and schedules. 9. A restoration plan for areas disturbed by the Land Alteration, including Final Stabilization measures. E. Stormwater Pollution Prevention Plan (SWPPP). A SWPPP shall be provided with the application that describes the control and management of the flow of Stormwater and associated water quality impacts resulting from the development. A copy of the completed NPDES/SDS Construction Stormwater General Permit for the Site if required by the Minnesota Pollution Control Agency(MPCA)must be provided with the SWPPP. F. Stormwater Treatment Calculations. Stormwater treatment calculations used to determine compliance with Subds. 6 or 8 of this Section and any federal, state or local regulatory requirements or permits shall be provided with the application. G. Runoff Management Plan (RMP). If the proposed project is in the Lower Minnesota River Watershed District (LMRWD) a Runoff Management Plan (RMP) must be developed Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 21 of 25 by the Applicant for management of Stormwater runoff in accordance with LMRWD requirements. A copy of the RMP, if required, must be provided with the application. Subd. 9. Permit Application Review and Approval. A. Issuance or Denial. The City Engineer or his/her designee shall review an application for a Land Alteration Permit to determine its conformance with the provisions of this Section. Consistent with Minn. Stat. 15.99, the City Engineer or his/her designee shall in writing either approve or deny issuance of a Permit or recommend that the application be forwarded to the City Council for review and denial or approval. Prior to release of the Land Alteration Permit, the Applicant shall provide written copies of all required federal, state and local permit approvals. B. Conditions. Approval, denial, or approval subject to conditions of a Land Alteration Permit shall be based upon the following factors: 1. Whether, and the extent to which, the Land Alteration may create or exacerbate a safety risk to surrounding persons, the public or property. 2. Whether, and the extent to which, the Land Alteration may cause undue harm to the environment including, but not limited to, noise, dust, Erosion, undue destruction of vegetation, and accumulation of waste materials and Pollutants. 3. Whether the physical characteristics of the Site, including but not limited to topography, vegetation, susceptibility to Erosion or siltation, susceptibility to flooding, water storage or retention, are such that the Site is not suitable for Land Alteration or the use proposed. 4. Whether adequate plans have been made for restoring and/or stabilizing the Site upon completion of the Land Alteration. 5. Whether there is a substantial likelihood that the Applicant will be able to comply with the rules and regulations of this Section, other applicable Sections of the City Code, and all applicable state, federal and local regulations. 6. Whether the Site proposed for the Land Alteration is zoned for the proposed use. 7. If the City accepts maintenance of the Stormwater Facility, the City may require conveyance to the City or other public entity certain lands or interests therein. A Land Alteration Permit may be approved subject to conditions which limit the size; kind or character of the proposed Land Alteration; require the construction of Stormwater Facilities; require replacement of vegetation; establish monitoring procedures; require staging the work over time; and/or require buffering. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 22 of 25 C. Modifications. A Permittee may submit to the City a written request for modification of a Permit. The City Engineer or his/her designee shall review the request and in writing either approve or deny the request or recommend that the request be forwarded to the City Council for review and denial or approval. The City may require additional reports and data from the Permittee. D. Expiration. All Land Alteration Permits shall expire 24 months after issuance unless otherwise provided on the Permit. Subd. 10. Suspension or Revocation of Permit. The City may suspend or revoke a Permit as follows: A. Suspension. If the City determines any of the following: (i) the Permit was issued in error or on the basis of incorrect information; or (ii) the Permit or work are in violation of any provision of this Section or any federal, state or local regulation, the City may suspend the Permit and issue a stop work order and the Permittee shall cease all work on the Site except for work necessary to remedy the cause of the suspension. The Permittee may request reinstatement of a suspended Permit upon correction of the causes for suspension. If the conditions of the Permit have been complied with in full, the City shall reinstate the Permit. B. Revocation. If the Permittee refuses or fails to cease work after the suspension or refuses or fails to correct the causes for suspension within the time period provided in the stop work order, the City may revoke the Permit. Subd. 11. Financial Security. Financial Security is required prior to issuance of a Land Alteration Permit. The Financial Security may take the form of: (i) a performance bond in a form acceptable to the City; (ii)an irrevocable letter of credit issued by a financial institution and in a form acceptable to the City; or (iii) cash in United States currency. The performance bond, letter of credit, or an agreement relating to the deposit of cash with the City shall provide that the City may make a claim against, draw on or withdraw from the financial security as appropriate in order to complete the performance of Applicant's obligations pursuant to the terms of the Permit and this Section, including but not limited to, the Applicant's obligations imposed pursuant to the Permit and this Section and indemnification of the City against any loss, cost or expense, including an amount as and for reasonable attorney's fees incurred in enforcing the obligations of Applicant pursuant to the Permit or this Section. A. Land Alteration Permit Financial Security. The Financial Surety for a Land Alteration Permit shall be in an amount of 125 percent (125%) of the cost estimate of the work to be done as stated in the application for a Land Alteration Permit and as approved by the City Engineer or his/her designee. B. Tree Replacement Financial Security. In addition, if trees are required to be replaced pursuant to this Section an additional Financial Security shall be provided in the amount of Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 23 of 25 150 percent (150%) of the estimated cost to furnish and plant the Replacement Trees as approved by the City Forester or his/her designee. The estimated cost shall be at least as much as the reasonable amount charged by nurseries for the furnishing and planting of the Replacement Trees. In the event the estimated cost submitted by the Applicant to the City is not approved, the City Engineer or his/her designee shall have the right in his/her sole discretion to determine the estimated cost for purposes of the Financial Surety. Subd. 12. Action Against Financial Security. The City may make a claim against, draw on or withdraw from the appropriate Financial Security in the event of a violation of the terms of the Permit, including but not limited to the following: A. The Permittee ceases performing the Land Alteration for a period of thirty(30) days or more prior to completion of the Land Alteration. B. The Permittee fails to conform to the Land Alteration Permit as approved, and/or has had its Land Alteration Permit revoked. C. The techniques outlined in the Land Alteration Permit fail within one year of installation or before Final Stabilization is achieved for the Site or portion of the Site, whichever comes later. D. The City determines that action by the City is necessary to prevent excessive Erosion from occurring on the Site, or to prevent Sediment from occurring on adjacent or nearby properties. E. The Permittee ceases working on the Tree Replacement Plan for a period of thirty (30) days or more. The City may make a claim against, draw on or withdraw from the Financial Security in whole or in part, for all direct and indirect costs incurred in doing the remedial work undertaken by the City, its employees, consultants and/or contractors. Subd. 13. Release of Financial Security. Any remaining Financial Security shall be released to the Person who deposited the Financial Security upon determination by the City that the requirements of this Chapter and the conditions of the Land Alteration Permit and/or Tree Replacement Plan have been satisfactorily performed. No portion of the Financial Security shall be released while there are unsatisfied obligations of the Permittee, including the obligation to indemnify the City for any expenses incurred in enforcing the terms of the Permit or this Section. When more than half of the Site's maximum exposed soil area achieves Final Stabilization, the City may reduce the total required amount of the Financial Security, if approved by the City Engineer. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 24 of 25 A portion, in an amount determined by the City Engineer taking into consideration the percentage of completion of project and the estimated cost to complete the project, of the Financial Security shall be retained to secure the Permittee's or Owner's obligation to remove and replant Replacement Trees which are dead, unhealthy or missing as provided for in this Section. Subd. 14. Adopted by Reference. The Minnesota Pollution Control Agency's (MPCA's) publications entitled: "Protecting Water Quality in Urban Areas" dated 2000, which is currently located at the web site address of www.pca.state.mn.us/index.php/water/water-typ es-and-pro grams/stormwater/stormwater- management/stormwater-best-management-practices-manual.html and "Minnesota Stormwater Manual", which is currently located at the web site address of stormwater.pca.state.mn.us/index.php/Main Page are hereby adopted and incorporated by reference. Section 2. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to Entire City Code including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of May, 2015 and finally read and adopted and ordered published at a regular meeting of the City Council on the 16th day of June, 2015. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2015. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 25 of 25 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: VIII.C. Randy L. Slick Final Plat Report of Blossom Hill Public Works/Engineering Requested Action Move to: Adopt the resolution approving the final plat of Blossom Hill. Synopsis This proposal is for the plat located at 10841 Blossom Road. The plat consists of 6.50 acres to be platted into 12 single family lots and right-of-way dedication for street purposes. This is a replat of lots 19 and 20 Eden Prairie Acres. The preliminary plat was approved by the City Council on March 31, 2015. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on May 19, 2015. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$840.00 • Receipt of street lighting fee in the amount of$1,871.10 • Receipt of street sign fee in the amount of$747.60 • Prior to release of the final plat, Developer shall execute the Special Assessment Agreement for trunk utility improvements in the amount of$50,277.50. • Satisfaction of bonding requirements for the installation of public improvements • The requirements as set forth in the Developer's Agreement. • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. • Prior to release of the final plat, Developer shall pay to the City 5% of the construction value of the public infrastructure. • Provide a list of areas (to the nearest square foot) of all lots, outlots and right-of ways certified by surveyor. • Prior to release of final plat, Developer shall submit a 1"=200' scale reduction of final plat. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2015- A RESOLUTION APPROVING FINAL PLAT OF BLOSSOM HILL WHEREAS, the plat of Blossom Hill has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Blossom Hill is approved upon compliance with the recommendation of the Final Plat Report on this plat dated June 16, 2015. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on June 16, 2015. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk _ ....._ P BLOSSOM HILL C.R. DOC. NO. / / P ; 0 ;•.; E E ,',' -,' R A 1 S II , (P(AT 895.4) 11 1.3 00. .59-41 889.64(ACAS) •., ,,,,,,,, ,T z ` :.• 4- 18530 .c. y' o.••• , -row o,o or zo,ao.moo'wow ; looc.pe.Tient of ow.,wt.; 1 o 1- - l 145 40 • . - .. C) ..'.-. .i_•_ 4 , , / ---,--,,—•__..1 i,,,-,5 , ' . ,, ,,,—....„ •.. --- 7..,, c s R , — -I r, toso°1S5o1 stsy. 7 _7- _------- , -_ i r 2 • ',,,,' i: Z',3.• I-_ I Ig ' ,--o....,,, .• k' I. 2 1 '.g “,,„,..'',7„„„4-4,,.--- (....."8/ 9 ': / /= S 2 47 7., "'' ''''",.. .C 4, (Leis- 72 -,7:L' / / ‘• N t Z `I ::-.-7L, 4 ,,. C] 1 \St. f.Z. 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';..•; 2 '''' k'. , ...1;- 1 0 T 7 9 ".- ,1• ,,. ‘, --) • ' ,(- 1 3 fic ,-• ' iil, .1-r"'"="''''—'-:::-,,' '12, ;-\';;; 5 ---r—,,,m4,4,,,,,o*, L, 7 '/,'.; 't C.- :1.r_ ,,,. ,,,f OrLonape.LULL fasemsnl--,..=,..; ) L 1 —/' ''''':••••• ';.0 • I '',..:1 til: , :=7, e'f.t.o,. I ' l'-.' ! yowt too,Lb IS;COLN PR.'S ...1 ;I, -ro-: I ,•,7 i__,,, _I .,.7— .S. /Wee ----\.--; _,.- 4 I t„, i P '''',":::','"__Is I-----"——I:- -c ..,. - ',a. - • ...{..- ,,,„ L.,_„ 4\,„ L -1,5,or- L I-- Noonw3crw 85233 treit.;' '.1,:' --','-....,..4., ,... .1.11 .'1•"4, ' so ., (PLAT 864.5) 1777..'"''P'''' ra , 'in.' '• • Cl -' LS No.fUltf \ , \ I - I :.] \ 1.i \1..:., , I !O I t....i.: 1 ---,,,, 11 'j ONION,ond Wally Eason..aro Wow thw Pre oast AN of Lot I 9,ED.PRAIRE f10,55 , •assumed.boor I f 00.04.50.Of L_N . Denotes 1/7 NW by II holl Inst rotor sot ..1 I ond mortal by Ltsonso No.2.10.71 1 .Z.. '\ I I • Denotoo round twournant co/*an, ,,-'..71.4.,-,;.' J 1 , . L 1, 1 Li __ I _forNOINOr MI LS____F... ; I _ B — Being 5 feet in W..W th m oer...Ind.:lad ond WINN,lot lino,—10 feet A width ond actfiNnin•tignt-of-osty la as sh o.n 6..the 0 plot. 40 Soda -.0 • ( z feet I Westwood Professional Services,Inc l' Shoot 1 of.1 she., CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Jay Lotthammer, Director, Approve Contract for 4th of July Fireworks Parks and Recreation with RES Specialty Pyrotechnics Requested Action Move to: Approve a$25,000 agreement with RES Specialty Pyrotechnics to provide Fireworks at the 4th of July Hometown Celebration at Round Lake Park. Synopsis The City of Eden Prairie has provided a high quality 4th of July Hometown Celebration for the past 30 years. RES Specialty Pyrotechnics has been a part of that celebration for 12 years. Parks and Recreation staff recommend contracting with RES Specialty Pyrotechnics again in 2015, with a budget of$25,000. Background In January of 2015, Parks and Recreation staff asked for proposals from two fireworks companies, RES Specialty Pyrotechnics and Pyrotechnic display for both 2015 and 2016. After reviewing the proposals closely and meeting with representatives from both companies, staff recommend contracting with RES Specialty Pyrotechnics. RES has provided an outstanding fireworks display in the past. They also work well with the Parks and Recreation staff and the Fire Department. Over 10,000 people gather at Round Lake Park and the surrounding area on the 4th of July to view and enjoy the spectacular fireworks display shot off over the lake. An impressive fireworks display adds tremendous value to the event, invoking a since of community pride. Attachments Bid Synopsis from RES Specialty Pyrotechnics and Pyrotechnic Display Professional services contract for RES Specialty Pyrotechnics Standard Agreement for Professional Services Pyrotechnics for July 4th Fireworks This Agreement ("Agreement") is made on the sixteenth day of June 2015, between the City of Eden Prairie, Minnesota (hereinafter"City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and RES Specialty Pyrotechnics a Minnesota Pyrotechnics Company (hereinafter"Consultant") whose business address is 21595 286th Street, Belle Plaine, MN 56011. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Providing Fireworks and Pyrotechnic Operators for the 4th of July Celebration at Round Lake Park hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Fireworks Proposal) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions including proposals and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from May 19th, 2015 through July 41', 2015 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $25,000 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or Pyrotechnics for July 4th Fireworks Standard Agreement for Professional Services Page 2 of 10 amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Kent Orwell to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. Pyrotechnics for July 4th Fireworks Standard Agreement for Professional Services Page 3 of 10 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. Pyrotechnics for July 4th Fireworks Standard Agreement for Professional Services Page 4 of 10 B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products —Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owned vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO forms CG 2010 07 04 and CG 2037 07 04, Pyrotechnics for July 4th Fireworks Standard Agreement for Professional Services Page 5 of 10 or their equivalent. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. Pyrotechnics for July 4th Fireworks Standard Agreement for Professional Services Page 6 of 10 A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. Pyrotechnics for July 4th Fireworks Standard Agreement for Professional Services Page 7 of 10 13. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 14. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Pyrotechnics for July 4th Fireworks Standard Agreement for Professional Services Page 8 of 10 Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Pyrotechnics for July 4th Fireworks Standard Agreement for Professional Services Page 9 of 10 Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: Its: Pyrotechnics for July 4th Fireworks Standard Agreement for Professional Services Page 10 of 10 FIREWORKS DISPLAY PROPOSAL FOR CITY OF EDEN PRAIRIE 7/4/2015 RES Specialty Pyrotechnics p Y Y _____ *� MAGIC IN THE AIR NONDISCLOSURE The material contained in this document is confidential and is for review only by those directly involved in awarding this bid. This document may not be copied or reproduced in any fashion without written consent of RES Specialty Pyrotechnics, Inc. CONFIDENTIALITY Our ideas, concepts and creativity are our livelihood. Your respect for our confidentiality is appreciated. RES Specialty Pyrotechnics MAGIC IN THE AIR Fireworks Display Proposal for City of Eden Prairie 7/4/2015 Display Design Philosophy Our selection of display fireworks for the City of Eden Prairie includes a broad spectrum of styles and origin. We carefully select the best variety'of Chinese, Taiwanese, Japanese and Domestic product. We balance these selections with our own custom manufactured product to provide the best assortment possible. We strongly feel that the quality of our products is the best that is available anywhere. There may be modifications to the listed effects due to inventory availability, nature of the site, and upgrade of product. Virtually all of our shells incorporate a tailed or rising effect providing additional impact and allowing the audience to follow the shells on their rise into the air. Display Presentation Frequently overlooked by the display purchaser, the aspect of how the display is "shot" or presented is the most critical aspect after safety to a successful display. This is the area where a company that understands choreography demonstrates true pyrotechnic artistry. To achieve maximum customer and audience appreciation we have found that by using a "V" rack setup we are able to cover a greater area of the sky. In addition. many like effects are shot simultaneously into the air in a "V" pattern, filling two separate areas of the sky with identical patterns. Our choreography for the City of Eden Prairie will allow the audience to appreciate the show better since they pick up on the themes that are presented with the fireworks. This sets up the audiences' expectations. In other words, there is rhyme to the reason. To accomplish this, all of the effects exhibited for City of Eden Prairie will be shot by a sophisticated computer firing system allowing us to have: • Precision timing of firing. • No large gaps of time when there is nothing but black sky. • Easier control of show pacing. • Multiple firing not possible via hand firing. • Added safety for the audience and our staff due to the increased control of execution. Electrical firing allows us to have the show preloaded beforehand. This allows us the opportunity to precisely choreograph the show. Preloading the show allows us to better protect the show beforehand against weather and eliminates having to handle shells in the dark to reload thereby increasing safety. Fireworks display proposal for the City of Eden Prairie Main Body - Grouped and Combined along the following Themes • Color and report shells • Pattern shells, e.g., hearts, hourglass, stars, butterflies, rings • Effect shells, e.g., whistles, serpents, tourbillions • Strobe and shimmer effects • Glitter and tremalon shells • Crackling and crossette shells • Traditional Japanese shells, e.g., diadems, Saturns, palms, chrysanthemums • Shells from the following manufacturers will be displayed: Lidu, Glorious, Kanto, Panda, Sunny, An Ping, Legion, San Tai, Yung Feng, U.S. Designer, AM Pyro, 86 RES Specialty Pyrotechnics. For the City of Eden Prairie we will also incorporate a unique segment of Signature Pattern shells. The shells shot in this segment will follow one another. In this way the audience will be quick to realize that they have to watch each effect closely as it breaks in the sky above. Some of the signature patterns that will be exhibited are as follows: Saturn rings, colored stars with rings, smiley faces,jellyfish, concentric rings, poinsettia, 86 hearts. In addition, a Red, White 86 Blue Patriotic segment will be exhibited to showcase our country's colors. Many different shell effects 86 designs will be used to highlight the colors of our flag. Finale There is no mistake when our finales start. The sky is filled with color and sound that builds in intensity as it progresses. Multiple levels of effects appear as the finale unfolds. The colors and effects appear to "morph" from one color to the next into glitter into larger color to the next into glitter into larger color into larger glitter culminating in waves of tailed titanium salutes that increase in intensity. As the thunder from the salutes reach their peak, they are complimented by an increasing scale of fancy color shells overhead. Fireworks display proposal for the City of Eden Prairie Shows for Reference City of Edina Belle Plaine BBQ Days Dick Crockett Jim Lange 952-833-9573 952-873-4310 City of Lakeville Excelsior Chamber of Commerce Patty Dexter Laura Hotvet 952-985-4610 952-474-6461 City of Apple Valley City of Becker Scott Breuer Jamie Cassidy 952-953-2311 763-262-0400 Elk River Saint Paul Saints Baseball Jim Boyle Derek Sharrer 763-241-3670 651-644-3517 Slice of Shoreview Minnesota Twins Baseball Jacci Krebsbach Matt Hoy 651-483-2416 612-659-3651 Woodbury Days City of Vadnais Heights Theresa Janechek Brigid Nault 651-735-3322 651-204-6000 City of Bloomington City of Minnetonka Mark Morrison Sara Woeste 952-563-8693 952-939-8316 Maple Grove Days City of Highland Park Mike Kinnan Calida Cogan 763-424-4365 651-699-9042 Savage Chamber of Commerce Prior Lake Chamber of Commerce Ann Masis Sandy Fleck 952-894-8876 952-440-1000 Rosanne Bump LeSueur Chamber of Commerce St. Paul Festival & Heritage Foundation Julie Boyland 651-223-4700 507-665-2501 MN Recreation & Parks Assn New Prague NPCL Michelle Snider Carol Weiers 763-571-1305 952-758-5964 City of Eden Prairie 7/4/2015 $25,000 Total Materials Used by Size 3 Inch 752 4 Inch 429 5 Inch 278 6 Inch 218 Barrages 7 1684 Grand Total of Effects in Display 3137 P Y City of Eden Prairie 7/4/2015 Opening Barrage Size Qty Finale Titanium Salute w/Silver Strobing Tail 3 100 Finale Red Blue Green Gold Peony 86 6 Titanium Salutes w/Tails 3 24 Silver Wave to Green w/Coconut Pistil 86 Silver Tail 4 3 Glittering Gold Chrysanthemum to Multicolor 4 2 Lemon Chrysanthemum w/Cyan Pistil 86 Brocade Tail 4 2 Silver to Grass Green to Seablue Peony w/Silver Tail 4 3 White Twinkling Chrysanthemum w/Purple Pistil 86 Purple Tail 4 2 Red to White Flash w/Brocade Green Pistil 86 Green Tail 4 3 Gold Coconut Tree to Purple w/Gold Tail 4 2 Amber to Grass Green Chrysanthemum w/Silver Tail 5 2 Red Peony w/Silver Strobing Pistil 86 Red Tail 5 2 Blue to Silver Chrysanthemum w/Crackling Pistil 86 Silver Tail 5 2 Glittering Silver to Yellow to Green w/Green Tail 5 3 Aqua to Purple Chrysanthemum w/Silver Tail 5 2 Silver Palm w/Blue Tip w/Crackling Pistil 86 Crackling Tail 5 2 Silver Spider to Red w/Silver Strobing Pistil 86 Red Tail 5 2 Brocade Crown w/Variegated Double Pistil 86 Silver Tail 5 2 Gold Flashing w/Eight Pieces Chrysanthemum Pistil 86 Gold Tail 6 2 Gold Wave to Cherry w/Seablue Pistil 86 Seablue Tail 6 2 Red to Green w/White Strobe Pistil 86 Silver Tail 6 2 Brocade Crown to White Flashing w/Silver Strobe Pistil 6 1 Total Opening Barrage Effects in Display 165 City of Eden Prairie 7/4/2015 3 Inch Main Show Size Qty Turquoise Chrysanthemum w/Mag Red Psitil 3 2 Gold to Green Chrysanthemum w/Silver Tail 3 2 Magenta to Chartreuse Chrysanthemum w/Silver Tail 3 3 Turquoise Peony w/Popping Flower Pistil 86 Crackling Tail 3 3 Purple Chrysanthemum w/Blinking White Pistil 3 3 Gold Wave to Red Chrysanthemum 3 2 Half Red Half Blue w/Silver Tail 3 2 Orange Chrysanthemum w/Magenta Pistil 3 2 Half Purple Half Green w/Silver Tail 3 2 Violet Chrysanthemum w/Chartreuse Pistil 3 2 Silver Wave to Green Chrysanthemum 3 2 Green Chrysanthemum w/Blinking White Pistil 3 3 Magenta Peony w/Blinking White Pistil 86 Silver Tail 3 3 Violet Waves w/Silver Tail 3 2 Lemon Chrysanthemum w/Mag Purple Pistil 3 2 Aqua to Orange Chrysanthemum w/Silver Tail 3 3 Orange Chrysanthemum w/Mag Green Pistil 3 2 Silver to Red Chrysanthemum w/Silver Tail 3 2 White Strobing Peony w/White Strobing Tail 3 4 Lemon Chrysanthemum w/Cyan Pistil 3 2 Lemon Waves w/Silver Tail 3 2 Silver to Blue Chrysanthemum w/Silver Tail 3 2 Purple Peony w/Silver Fish Pistils 3 3 Violet to Lemon Chrysanthemum w/Silver Tail 3 3 Kamuro Circle w/Purple Pistil 86 Gold Tail 3 3 Smiley Face (Multicolor) w/Red Tail 3 3 Gold Wave 86 Green Ring w/Peach Pistil 86 Gold Tail 3 3 Brocade Crown Ring w/Brocade Tail 3 2 Multicolor Mag Dahlia w/Silver Tail 3 2 Multicolor Flying Stars 3 4 Silver Glittering Palm w/Silver Tail 3 2 Green Glittering Palm w/Gold Tail 3 2 Kamuro w/Blinking Pistil 86 Brocade Tail 3 3 Diadem to Blue w/Gold Tail 3 3 Nishiki Kamuro Niagara Falls 3 3 Total 3 inch Main Show Effects in Display 88 City of Eden Prairie 7/4/2015 4 Inch Main Show Size Qty Brocade Gold Chrysanthemum w/Chartreuse Pistil 86 Gold Tail 4 3 Gold Flash to Purple to White Flash Peony 86 Gold Tail 4 4 Turquoise 86 Magenta Chrysanthemum w/White Blinking Pistil 4 3 Cyan Peach Violet Chrysanthemum w/Popping Flower Pistil 4 3 Magenta Chrysanthemum w/Aqua Pistil 86 Brocade Tail 4 3 Purple Dark Silver Peony w/Silver Tail 4 4 Violet to Mag Green Chrysanthemum w/Silver Tail 4 3 Red Gamboge to Seablue w/Green Pistil 86 Red Tail 4 3 Lemon to Mag Red Chrysanthemum w/Silver Tail 4 3 Silver Wave to White Flash Big Willow w/Silver Tail 4 3 Half Lemon Half Purple Peony w/Purple Tail 4 3 White Strobing Peony w/White Strobing Tail 4 6 Green Dark Red Peony w/Green Tail 4 4 Red Wave w/White Strobe Pistil 86 Red Tail 4 3 Cyan Peony w/Peach Pistil 86 Rising Silver Tail 4 4 Green to Gold Crackling Chrysanthemum Flower 86 Purple Tail 4 4 Magenta Orange Chartreuse Chrysanthemum w/Blinking Pistil 4 3 Gold Wave to Blue Chrysanthemum w/Crackling Flower Pistil 4 3 Half Red Half Blue Chrysanthemum w/Red Tail 4 3 Gold Wave to Blue to Yellow Chrysanthemum w/Red Tail 4 3 Gold Wave 86 Grass Green Ring w/Violet Pistil 86 Gold Tail 4 4 Glittering Blue to Silver w/Crackling Pistil 86 Blue Tail 4 3 Gold 86 Silver Time Rain Peony w/Coconut Pistil 86 Silver Tail 4 4 Blue Chrysanthemum w/Blinking White Pistil 86 Silver Tail 4 4 Silver Wave to Two Color Ring (Seablue 86 Orange) w/Silver Tail 4 4 Lemon Peony w/Grass Green Pistil 86 Silver Tail 4 4 Lemon Chrysanthemum w/Big Magenta Pistil 86 Brocade Tail 4 4 Orange Lemon Seablue Peony w/Silver Tail 4 4 Aqua to Purple Chrysanthemum w/Silver Tail 4 3 Half Orange Half Seablue Peony w/Silver Tail 4 3 Lemon Chrysanthemum w/Mag Green Pistil 86 Brocade Tail 4 3 Strobing Ring w/Alt Red 86 White Strobe w/Red Tail 4 3 Red Heart w/Silver Stars (Angel Heart Shape) 4 3 Stained Glass w/Twilight Glitter Pistil 86 Gold Tail 4 3 Red Shooting Star (Red Star Shape w/Silver Shooting Stars) 4 3 Kamuro Circle w/Purple Pistil 86 Brocade Tail 4 4 Smiley Face (Multicolor) w/Brocade Tail 4 4 City of Eden Prairie 7/4/2015 Flower Ring (Peach, Lemon 86 Grass Green) w/Silver Tail 4 3 Red Cover Green Ring w/White Strobe Pistil 86 Silver Tail 4 3 Yellow to Red to Silver Change Ring w/Silver Tail 4 4 Magenta Ring in Turquoise Ring w/Brocade Tail 4 4 Rainbow Ring w/Silver Tail 4 3 Seablue 86 Orange Double Rings w/Silver Whirl 86 Orange Tail 4 4 Purple Ring w/Popping Flower Pistil 86 Brocade Tail 4 3 Gold Brocade Bowtie in Red Ring w/Gold Brocade Tail 4 3 Red Five Pointed Star 4 4 Poinsettia Multicolor (Magenta Aqua Cyan Lemon) w/Purple Tail 4 4 Lemon Ring in Orange Ring in Aqua Ring w/Rising Flowers 4 3 Hourglass w/Circle (Kamuro to White Strobe w/Magenta Ring) 4 3 Silver Wave to Double Cyan 86 Purple Ring w/Silver Tail 4 4 Brocade Crown Ring Cover Blue Ring w/Blue Tail 4 3 Yellow 86 Blue Double Rings w/Silver Tail 4 4 Green Crossette w/Crackling Tail 4 4 Multicolor Bees w/Whistles 86 Whistling Tail 4 5 Orange 86 White Strobe w/Strobe Tail 4 3 New Color Crossette w/White Flash Pistil 86 White Tail 4 4 Cylinder Silver Turbulence w/Green Stars 4 4 Purple Dahlia w/Crackling Pistil 86 Gold Tail 4 3 Rainbow Dahlia w/White Strobe Pistil 86 Red Tail 4 4 Glitter Silver to Blue Crossette w/Cracking Pistil 4 3 Magenta Dahlia w/Crackling Pistil 86 Red Tail 4 4 Kiddy Fishes in Crowds w/Gold Tail 4 3 Varigated Crossette w/Glitter Coconut Core 86 Glitter Tail 4 4 Cylinder Red Color Report 4 4 Cylinder Brocade Crown Silver Wave Blue Star White Flash Flower 4 4 Red Crossette w/Crackling Tail 4 4 Silver Dahlia to Green w/Green Tail 4 3 Orange Dahlia w/White Strobe Pistil 86 Silver Tail w/Purple Tail 4 3 Magenta Crossette w/Brocade Tail 4 4 Silver Spider w/Mag Red Pistil 86 Gold Tail 4 4 Silver Coconut Tree w/Violet Pistil 86 Brocade Tail 4 4 Gold Spider w/Mag Green Pistil 86 Gold Tail 4 4 Silver Palm w/Red Tip 86 Silver Strobe Pistil 86 Red Tail 4 3 Red Coconut Tree w/Blue Pistil 86 Red Tail 4 3 Gold Palm Tree w/Orange Strobe Pistil 86 Gold Tail 4 3 City of Eden Prairie 7/4/2015 Silver Time Rain Coconut Tree w/Crackling Tail 4 4 Rainbow Palm Tree w/Red Tail 4 3 Crackling Spider w/Coconut Pistil 86 Crackling Tail 4 4 Multicolor Falling Leaves w/Gold Tail 4 5 Wave Coconut Tree to White Crossette w/Red Tail 4 3 Gold Kamuro w/Blue Pistil 86 Gold Tail 4 3 Diadem Chrysanthemum w/Reports 86 Whistling Tail 4 4 Gold Willow w/Violet Tips 86 Crackling Pistil 86 Brocade Tail 4 3 Brocade Crown to Rainbow w/Whistling Tail 4 4 Kamuro Ending w/Turquoise Tips 86 Blinking Pistil 86 Brocade Tail 4 4 Color Changing Kamuro w/Silver Tail 4 3 Blue Diadem w/Red Pistil 86 Red Tail 4 4 Red Gamboge Crown w/Glitter Coconut Core 86 Red Tail 4 4 Cracking Nishiki Kamuro w/Blue Pistil 86 3 Tails 4 4 Red to Green Flashing Big Willow w/Silver Tail 4 4 Red Crown w/Flower Coconut Pistil 86 Red Tail 4 4 Gold Brocade w/Violet Pistil 86 Gold Tail 4 3 Red Diadem to Yellow w/Whistling Tail 4 4 Blue to Red to Silver Crown w/Silver Tail 4 3 Total 4 inch Main Show Effects in Display 334 City of Eden Prairie 7/4/2015 5 Inch Main Show Size Qty Yellow Chrysanthemum w/Green Pistil & Whistling Tail 5 3 Silver Wave to Lemon to Cherry w/Silver Tail 5 4 Brocade Chrysanthemum w/Red to Blue Pistil & Rising Flowers 5 3 Red to Silver Peony w/Blue to Red Pistil & Red Tail 5 4 Rainbow Chrysanthemum w/Coconut Pistil & Silver Tail 5 3 White Strobing Peony w/White Strobing Tail 5 4 Gold Wave to Violet Chrysanthemum w/Popping Pistil 5 4 Magenta Orange Chartreuse Chrysanthemum w/White Blinking 5 3 Half Orange Half Grass Green Peony w/Silver Tail 5 3 Green Dark Cherry Peony w/Silver Tail 5 3 Blue Wave to Gold Chrysanthemum w/Gold Tail 5 4 Grass Green to Silver Chrysanthemum w/Strobing Silver Pistil 5 3 Pink Peony w/White Strobe Pistil 5 4 Turquoise Peony w/Popping Flower Pistil & Crackling Tail 5 3 Purple Dark Yellow Peony w/Yellow Tail 5 3 Silver Wave to Magenta w/Blinking Pistil & Silver Tail 5 4 Red Chrysanthemum w/Blinking White Pistil & Brocade Tail 5 3 Dark Green Peony w/White Strobe Pistil 5 3 Red Wave w/White Strobe Pistil & Red Tail 5 4 Glittering Orange to Aqua & Lemon w/Blue Pistil & Orange Flowers 5 4 Half Red Half Kamuro w/Silver Tail 5 3 Violet Turquoise & Lemon Chrysanthemum w/Popping Flower Pistil 5 3 Red Gamboge to Seablue w/Cherry Pistil & Silver Tail 5 3 Cyan Peony w/Lemon Pistil & Brocade Tail 5 3 Silver Dark Orange Peony w/Silver Tail 5 3 Brocade Gold to Mag Lime Chrysanthemum w/Silver Tail 5 4 Half Purple to Green & Half Green to Purple w/Gold Tail 5 3 Red to Blue to Gold Crackling Chrysanthemum Flower w/Whistling 5 3 Red to Yellow to Silver Flashing Chrysanthemum w/Silver Tail 5 3 Red Cover Green Ring w/White Strobe Pistil & Silver Tail 5 3 Kamuro Circle w/Green Pistil 5 3 Brocade Crown Cover Grass Green Ring w/Brocade Tail 5 3 Butterfly in Circle w/Green Tail 5 3 Yellow & Purple Cube w/Purple Tail 5 3 Silver Wave Ring w/Turquoise Pistil 5 3 Half Red & Blue Ring w/Red to Blue & Blue to Red Pistil 5 3 Kaleidoscope w/Strobing Pistil & Rising Flowers 5 3 City of Eden Prairie 7/4/2015 Falling Small Flowers in Red Circle w/Rising Flowers 5 3 Lemon Ring in Orange Ring in Aqua Ring w/Rising Flowers 5 3 Cherry Cover Seablue Ring w/Silver Tail 5 3 Smiley Face (Multicolor) w/Red Tail 5 3 Poinsettia Multicolor (Magenta Aqua Cyan Lemon) w/Silver Tail 5 3 Purple to Silver w/Grass Green Crossette Pistil 86 Silver Tail 5 4 Silver Time Rain Crossette w/Silver Tail 5 3 New Color Crossette w/White Flash Pistil 86 White Tail 5 4 Blue Dahlia w/Silver Coconut Pistil 86 Silver Tail 5 3 Silver Crackling Flower Crossette w/Crackling Tail 5 3 Lemon w/Crackling Dahlia w/White Strobe Pistil 86 Silver Tail 5 3 Green Flashing Dahlia w/Red Pistil 86 Whistling Tail 5 3 Golden Coconut Tree to Aqua w/Gold Tail 5 3 Multicolor Color Falling Leaves 5 4 Glittering Coconut Tree w/Silver Tail 5 3 Silver Palm w/Red Tip w/Silver Strobing Pistil 86 Red Tail 5 3 Gold Spider w/Mag Red Pistil 86 Gold Tail 5 3 Wave Coconut Tree to White Crossette w/Red Tail 5 3 Silver Crackling Rain Palm Tree w/Crackling Tail 5 3 Silver Coconut Tree w/Blue to Red Pistil 86 Brocade Tail 5 3 Gold Glitter Palm Tree w/Gold Tail 5 4 Crackling Spider w/White Blinking Pistil 86 Crackling Tail 5 3 Silver Spider w/Red Tips 86 Gold Tail 5 3 Gold Palm Tree w/Strobing Silver Pistil 86 Red Tail 5 3 Brocade Crown w/Red Core w/Red Tail 5 4 Red Diadem to Yellow w/Blue Pistil 86 Whistling Tail 5 3 Kamuro Ending w/Purple Tips 86 Blinking Pistil 86 Silver Tail 5 4 Brocade Diadem Chrysanthemum to Twinkle w/Strobing Pistil 5 3 White Flashing Crackling Big Willow w/Silver Tail 5 4 Blue to White Flashing Big Willow w/Blue Tail 5 3 Silver to Red to Silver Crown w/Silver Tail 5 3 Silver Crown to Orange w/Magenta Pistil 86 Brocade Tail 5 4 Gold Willow w/Violet Tips 86 Crackling Pistil 86 Brocade Tail 5 3 Brocade Crown to Crackling Willow w/Crackling Tail 5 3 Gold Kamuro w/Blue Pistil 86 Gold Tail 5 4 Blue Diadem to Yellow w/Green Pistil 86 Blue Tail 5 3 Total 5 inch Main Show Effects in Display 238 City of Eden Prairie 7/4/2015 6 Inch Main Show Size Qty Violet Chrysanthemum w/Chartreuse Pistil & Silver Tail 6 2 Lemon Chrysanthemum w/Purple Pistil 6 2 Turquoise to Mag Orange Chrysanthemum 6 3 Silver Wave to Violet to Aqua w/White Blinking Pistil & Silver Tail 6 2 Orange to Cyan Chrysanthemum w/Blinking White Pistil & Silver 6 3 Silver to Blue w/Strobing Silver Pistil & Silver Tail 6 2 Orange & Dark Green Peony w/Crackling Pistil & Crackling Tail 6 3 Peach to Magenta Peony w/White Blinking Pistil & Brocade Tail 6 3 Rainbow Chrysanthemum w/White Flashing Pistil & Red Tail 6 3 Silver Wave to Red w/Popping Flower Pistil & Silver Tail 6 3 Glittering Silver to Cherry w/Blue Pistil & Brocade Tail 6 2 Red to Blue to White Flashing Peony w/Red Tail 6 3 Peach to Magenta Peony w/Crackling Pistil & Crackling Tail 6 3 Brocade Chrysanthemum w/Red to Green Pistil & Silver Tail 6 3 Red Wave w/White Strobe Pistil & Red Tail 6 2 Thousands Color Chrysanthemum w/Crackling & Whistling Tail 6 2 Cyan Peony w/Lemon Pistil & Silver Tail 6 3 Half Green to Yellow Half Yellow to Green Chrysanthemum 6 2 Gold Wave to Silver w/Green Flash Pistil & Green Tail 6 2 Yellow to Blue to White Flash w/Brocade Purple Pistil & Blue Tail 6 3 Silver Dark Red w/Whistling Tail 6 3 Glittering to Purple to Orange & Spangle Pistil & Whistling Tail 6 3 Purple to Orange Chrysanthemum w/Drifting Green Flare Moon 6 3 Gold Wave to Peach to Purple w/Popping Flower Pistil & Gold Tail 6 3 Glittering Gold Chrysanthemum to Purple w/Gold Tail 6 2 Red Wave w/Gold Crack Chrysanthemum Pistil & Crackling Tail 6 2 Half Orange Half Green Peony w/Silver Tail 6 2 Red Gamboge to Green to Purple w/Palm Core & Silver Tail 6 2 White Strobing Peony w/White Strobing Tail 6 4 Red Cover Green Ring w/White Strobe Pistil & Silver Tail 6 3 Purple & Green Cube w/Purple Tail 6 2 Red to Blue Crossette Ring w/Crackling Pistil & Flowers 6 3 Silver Wave Ring w/Seven Red Stars & Silver Tail 6 3 Brocade Lemon & Grass Green Double Rings w/Rising Rings 6 3 Poinsettia Multicolor (Magenta Aqua Cyan Lemon) w/Purple Tail 6 3 Red to White Strobe Parallel Ring w/Strobe Tail 6 3 Brocade Chartreuse & Violet Double Ring w/Sea Blue Pistil 6 2 City of Eden Prairie 7/4/2015 Thousands Color Rings w/Rising Rings 6 3 Silver Whirl Flower Ring w/Green Strobe Pistil & Silver Tail 6 2 Green w/White Strobe Dahlia & Crackling Pistil 86 Crackling Tail 6 4 Orange Dahlia w/White Strobe Pistil & Silver Tail 6 3 Silver Time Rain Crossette w/Whistling Tail 6 4 Green to Gold Strobe Flower to Green w/Gold Tail 6 3 Violet Dahlia w/Blinking White Pistil 86 Strobe Tail 6 3 Multicolor Dahlia w/White Strobe Pistil & Red Tail 6 3 New Color Crossette w/White Flash Pistil & White Tail 6 3 Mag Red Dahlia w/Silver Strobe Pistil w/Red Tail 6 3 Red & Gold Crossette Chrysanthemum w/Red Tail 6 4 Gold Glitter Crown Crossette w/Gold Tail 6 4 Gold Spider w/Mag Red Pistil & Gold Tail 6 3 Silver Spider w/Cherry Strobe Pistil 86 Cherry Tail 6 3 Yellow Falling Leaves 6 4 Wave Coconut Tree to White Crossette w/Red Tail 6 3 Glittering Coconut Tree w/Crackling Tail 6 3 Golden Coconut Tree to Green w/Gold Tail 6 3 Silver to Purple Palm w/Violet Pistil 86 Silver Tail 6 3 Silver Crackling Flower Palm Tree w/Crackling Tail 6 3 Crackling Spider w/Coconut Pistil 86 Crackling Tail 6 3 Gold Coconut Tree w/Violet Pistil 86 Brocade Tail 6 3 Gold Willow w/Red Tips 86 Blinking White Pistil 86 Red Tail 6 3 Brocade Crown w/Variegated Double Pistil & Silver Tail '6 3 Red Willow w/Multicolor Flower Pistil 86 Red Tail 6 3 Kamuro to Magenta w/Blinking White Pistil 86 Brocade Tail 6 4 Gold Willow w/Green Strobe Pistil 86 Green Tail 6 3 Seagreen Diadem to Cherry w/Seablue Pistil 86 Silver Tail 6 3 Purple Diadem to White Flashing w/Purple Tail 6 3 Brocade Gold Diadem to Violet w/Peach to Magenta Pistil 6 3 Silver to Red to Silver Crown w/Silver Tail 6 3 Total 6 inch Main Show Effects in Display 195 City of Eden Prairie 7/4/2015 Multiple Effects Barrages Shots Qty 300 Shot Fan Color Silver Tail w/Red Mines 300 x 1 1 210 Shot X Purple & Orange Scenery 210 x 1 1 250 Shot Fan Brocade Tail Brocade Crown Crossette 250 x 1 1 100 Shot Purple & Green Chrys New Color Crossette & Happy Star 100 x 1 1 15x10 3X 5X Brocade Crown Crossette 150 x 1 1 150 Shot Red Time Rain & Crackling Stars 150 x 1 1 300 Shot 0 Purple Lemon 86 Seablue Scenery 300 x 1 1 Total Multiple Effects Barrages in Display 1460 7 City of Eden Prairie 7/4/2015 Patriotic Shell Segment Size Qty Silver Wave to Blue w/Brocade Red Pistil & Red Tail 4 2 Gold Wave Blue to Red Chrysanthemum w/Red Tail 4 2 Red White & Blue Chrysanthemum w/Silver Strobing Pistil 4 2 Red White & Blue Chrysanthemum w/Silver Tail 5 2 Red to Silver Chrysanthemum w/Blue to Red Pistil & Silver Tail 5 2 Glittering Silver to Red & Blue w/Coconut Pistil & Silver Tail 6 1 Red to Blue to Gold Crackling Chrysanthemum w/Crackling Tail 6 1 Total Patriotic Shell Segment Effects in Display 12 City of Eden Prairie 7/4/2015 Signature Pattern Shell Segment Size Qty Red to Blue Cross Ring w/Silver Crackling Pistil & Blue Tail 5 2 Green & Gold Glittering Brocade to Silver Ring w/Gold Tail 5 2 Green to White Strobe Parallel Ring w/Silver Strobe Tail 5 2 Blue Atomic Circle w/Small Strobe Pistil & Silver Tail 6 1 Red Blue Green Ring w/Silver Crackling Chrysanthemum Flower 6 1 Silver Wave to Four Color Ring w/Gold Chrysanthemum Pistil 6 1 Purple 7 Stars w/Gold Wave Green Ring & Purple Tail 6 1 Total Signature Pattern Shell Segment Effects in Display 10 City of Eden Prairie 7/4/2015 Finale Size Qty Finale Titanium Salute w/Silver Tail 3 48 Finale Turquoise Peony w/Magenta Pistil & Brocade Tail 3 36 Finale Titanium Linear Cylindrical Salute w/Strobing Tail 3 72 Finale Titanium Salute w/Blue Glittering Tail 3 60 Finale Titanium Salute w/Red Glittering Tail 3 60 Finale Dispark Chrysanthemum w/Crack Tail 3 24 Finale Gold Spider w/Gold Tail 3 24 Finale Crackling Spider w/Crackling Tail 3 24 Finale Cyan Violet 86 Peach Chrysanthemum w/Brocade Tail 3 24 Finale Kamuro w/Blinking White Strobe Pistil 86 Brocade Tail 3 36 Finale Rainbow Mag Color Dahlia w/White Strobe Pistil 3 36 Finale Green Chrysanthemum w/White Blinking Pistil & Tail 3 36 Finale Red White & Blue Variegated Chrysanthemum w/Red Tail 3 36 Finale Orange Aqua & Purple Chrysanthemum w/Purple Tail 3 24 Rainbow Chrysanthemum w/Coconut Pistil 86 Silver Tail 4 4 Gold Wave to Multicolor w/Gold Tail 4 3 Red Wave w/Gold Crackling Chrysanthemum Pistil & Red Tail 4 3 Finale Gold Spider w/Gold Tail 4 18 Finale Crackling Spider w/Crackling Tail 4 18 Diadem Chrysanthemum w/Red Strobing Pistil & Whistling Tail 4 4 Silver Willow w/Sea Blue Tips 86 Silver Strobe Pistil 86 Silver Tail 4 6 Kamuro Ending w/Red Tips 86 Silver Tail 4 6 Brocade Chrysanthemum w/Red to Blue Pistil & Brocade Tail 4 6 Kamuro to White Strobe w/Brocade Tail 4 4 Brocade Gold Chrysanthemum w/Purple Pistil 5 2 Red Gamboge to Green to Purple w/Palm Core 86 Silver Tail 5 2 Red Crackling Coconut Tree w/Strobe Pistil & Red Tail 5 2 Color Changing Kamuro w/Silver Tail 5 3 Crackling Willow w/Strobing Silver Pistil 86 Crackling Tail 5 2 Brocade Crown to Green Flash Big Willow 86 Silver Tail 5 2 Silver Wave to Green Flash Flower w/Purple Pistil 86 Purple Tail 6 2 Brocade Coconut Tree w/Bright Red Pistil & Brocade Tail 6 2 Brocade Crown to Silver Time Rain Coconut Tree w/Silver Tail 6 2 Kamuro Ending w/Blue Tips & Blinking White Pistil & Brocade Tail 6 2 Gold Kamuro to White Twinkling w/Orange Pistil 86 Gold Tail 6 2 Total Finale Effects in Display 635 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Stuart Fox, Parks and Natural Professional Services Agreement with HTPO Resources Manager, Parks and for Services Related to Improvements to the Recreation Miller Park Field#8 Plaza and Parking Lot Motion Move to: Approve the Professional Services Agreement with HTPO for engineering, landscape architecture and survey services for improvements to Miller Park Field #8 Plaza Area and Parking Lot at a cost not to exceed$45,000.00. Synopsis Laurie Johnson of Hansen, Thorp, Pellinen and Olson Inc. has provided a Scope of Services proposal that addresses the City's need for various improvements to the bituminous plaza and the parking lot adjacent to Miller Park Field#8. Their submittal includes a cost breakdown for preparation of construction documents, bid administration and miscellaneous reimbursables at a not to exceed cost of$45,000. Background The primary scope of the project is the rehabilitation of the bituminous plaza behind the baseball field backstop,the addition of sitting benches and picnic tables, the extension of water and storm sewer utilities, and complete renovation of the existing parking lot. Additionally city staff has been in discussions with the EP Baseball Association(EPBA) during the planning stages of this project. As a result of the discussions the HTPO proposal includes initial design services for a future storage building that would be shared by the EPBA and City and built off the east end of the parking lot. Recommendation The proposal from HTPO is in line with our estimate and staff recommends the approval of this Agreement. Attachment Standard Agreement for Professional Services HTPO - Scope of Service Proposal Z -, Engineering Surveying 7') A Landscape Architecture May19, 2015 Mr.Jay Lotthammer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re; Improvements for Field 8 at Miller Park Eden Prairie,MN Dear Jay, Per our recent meeting,we are providing an estimate for civil engineering, landscape architecture,and surveying services for your consideration for parking Iot and plaza improvements and new storage building at Miller Park Field 8. Estimate Scope of Service 5 41,800 Construction Documents. Preparation of plans and specifications including site plan,grading plan, Stormwater Pollution Prevention PIan (SWPPP),utility plan for water service extension and storm sewer modifications, landscape plan,engineer's estimate,and MPCA Stormwater and Watershed District permit applications. Assumes that building and footing design will be design build, and that the bid form will be set up with schedules and alternates to isolate costs and allow flexibility in awarding the construction contract. Includes two soil borings by Braun Intertec (one at building and one at canopy location),and up to 40 hours for architecture services for preliminary drawing and performance specification for the storage building. S 2,000 Bid Administration. includes plan 7510 Market Puce Drive distribution,answering contractors' Eden Prairie, MN 55344 questions, review of bids,preparation of bid 952-829-0700 tabulation,and letter of recommendation. 952-829-7806 fax www.htpo.com $ 1,200 Reimbursables S45,000 TOTAL • HANSEN THORP PELLINEN OLSON, INC. Lotthammer/Johnson May 19,2015 Page 2 Fees for construction phase services have not been included in the above estimate. Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense,and reimbursable expenses incurred (printing,courier, postage,and other out-of- house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. Thank you for this opportunity to work with you on this project. Sincerely, Hansen Thorp Pellinen Olson, Inc. Dfcitz.z.44. (7. E` �Y1rtl Laurie A.Johnson,P.E. President Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 16th day of June, 2015, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen, Thorp, Pellinen, Olson, Inc. (HTPO, Inc.), a Minnesota Corporation (hereinafter "Contractor") whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Improvements at Miller Park Field #8 hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A - Construction Documents (including site plan, grading plan, SWPPP plan, utility plan, landscaping and performance specifications for the storage building), Bid Administration and Reimbursables in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Service, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from June 16, 2015 through the completion of the project the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 45,000.00 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of Standard Agreement for Professional Services 2014.01 Page 2 of 9 perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Laurie Johnson and other Consultant Staff to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. 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 Consultant 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 Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest Standard Agreement for Professional Services 2014.01 Page 3 of 9 to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant 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 Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in Standard Agreement for Professional Services 2014.01 Page 4 of 9 a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. g. All policies shall apply on a "per project" basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. I. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the Standard Agreement for Professional Services 2014.01 Page 5 of 9 required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: 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 Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them 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 Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 14. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the Standard Agreement for Professional Services 2014.01 Page 6 of 9 party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Standard Agreement for Professional Services 2014.01 Page 7 of 9 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager Hansen, Thorp, Pellinen, Olson, Inc. By: Its: Standard Agreement for Professional Services 2014.01 Page 8 of 9 EXHIBIT A SCOPE OF SERVICES Construction Documents: $41,800 Preparation of plans and specification, grading plan, utility plan, Stormwater Pollution Protection Plan (SWPPP), MPCA permit applications, two soil borings, and up to 40 hours of architectural services for storage building. Bid Administration: $2,000 Includes plan distribution, answering contractor questions, preparation of bid tab and letter of recommendation. Reimbursables: $1,200 Total: $45,000 Standard Agreement for Professional Services 2014.01 Page 9 of 9 CITY COUNCIL AGENDA DATE: SECTION: Consent June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Community Development Approve Second Amendment to the Grant Janet Jeremiah, Director Program Agreement to Rehabilitate LuAnn's Molly Koivumaki, Housing and Place, A Senior Group Home Human Services Manager Requested Action Move to: Approve the Second Amendment to the Grant Program Agreement for the use of an additional $15,000 in CDBG funds to rehabilitate LuAnn's Place, a group home which serves elderly people. Synopsis LuAnn's Place is a residential care home for seniors who can no longer live safely on their own, but do not need to live in a nursing home. The home is designed to accommodate the physical and emotional needs of elderly residents. Care providers promote health and well being and encourage independence in a safe and caring environment. The additional CDBG grant funds for this project will come from program income that was received as a result of rehab loan repayments. These funds will be used to make required improvements in the kitchen area to bring it into compliance with county codes. Background Information The original $25,000 Grant Agreement was approved by the city council on October 5, 2010. A $10,000 amendment to the original agreement was approved by the city council on March 20, 2012. LuAnn's Place is located at 6660 W 175th Ave. LuAnn Fehn has operated the facility for 8 years and is licensed for 6 residents. Attachment Second Amendment to the Grant Program Agreement SECOND AMENDMENT TO HOUSING REHABILITATION GRANT PROGRAM AGREEMENT THIS SECOND AMENDMENT TO THE HOUSING REHABILITATION GRANT PROGRAM AGREEMENT is made as of the day of June, 2015, by and between Jerry M. Fehn and LuAnn Fehn (hereinafter referred to collectively as "Recipient"), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota, 55344 (hereinafter referred to as the "City"). WHEREAS, the parties entered into an agreement entitled "Housing Rehabilitation Grant Program Agreement" executed by the Recipient and the City on August 8, 2011 (the "Agreement"), amended by that certain "First Amendment to Housing Rehabilitation Grant Program Agreement" dated the 20th day of March 2012, filed on the 22nd day of May, 2012 as Document No. T4956987 with the Office of the Registrar of Titles, Hennepin County (the "First Amendment"). The Agreement, the First Amendment and this Second Amendment are collectively referred to hereinafter as the "Amended Agreement"; WHEREAS, Recipient owns the parcel of property and home located thereon legally described in Exhibit A to the Agreement and hereinafter referred to collectively or individually as the "Real Property"; WHEREAS, Recipient, through a business entity known as LuAnn's Place, LLC, a Minnesota limited liability company having its principal office at 6660 West 175th Avenue, Eden Prairie, Minnesota 55346, owns and operates the Real Property for the purpose of providing services to senior citizens; WHEREAS, under the Agreement the City provided the Recipient with Twenty-Five Thousand and no/100 dollars ($25,000.00) as a grant (hereinafter referred to as the "Grant") for rehabilitation work on the Real Property; WHEREAS, under the First Amendment the City provided the Recipient with an additional Ten Thousand and no/100 dollars ($10,000.00), increasing the Grant to Thirty Five Thousand and no/100 ($35,000) to complete the rehabilitation work described in Exhibit B to the Agreement. WHEREAS, the parties desire to further amend the Agreement and First Amendment to increase the amount of the Grant by an additional Fifteen Thousand and no/100 dollars ($15,000) (hereinafter "Additional Grant Proceeds") for kitchen upgrades in order to fully meet current regulations for a group home, which increases the Grant to an amount not to exceed Fifty Thousand and no/100 dollars ($50,000); NOW THEREFORE, in consideration of said Grant, the sufficiency of which is hereby acknowledged by the Recipient, and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. Additional Grant Proceeds. The amount of the Grant is increased by the Additional Grant Proceeds, shall hereafter be considered part of the Grant as set forth in the Amended Agreement. Recipient shall use the Additional Grant Proceeds solely to perform and complete the rehabilitation work on the Real Property described in Exhibit A to this Second Amendment. 2. Payment of Additional Grant Proceeds. Recipient shall submit to the City invoices and such other documentation, deemed satisfactory to the City in its sole discretion, evidencing completion of the rehabilitation work. Upon the City's approval of such evidence, the City shall disburse to Recipient the Additional Grant Proceeds in the amount to pay for the documented rehabilitation work but in no event greater than Fifteen Thousand and no/100 dollars ($15,000.00). 3. Grant of Lien. As security for Recipient's covenant and obligation for repayment of the Grant as provided pursuant to the Amended Agreement, Recipient hereby grants, and the City shall and hereby does have, a lien on the Real Property (the "Lien"), together with all hereditament and appurtenances thereto, in the full amount necessary to satisfy Recipient's repayment obligation and the cost, including reasonable attorney fees, of collecting the same. 4. Termination. Paragraph 5 of the Agreement is hereby deleted and replaced with the following: 5. Termination of Repayment Obligation. 5.1 Agreement and First Amendment. If, after five (5) years from the date of the Agreement, Recipient is not in default under any terms of the Amended Agreement, Recipient's repayment obligations for the portion of the grant issued by the Agreement and First Amendment, in the amount of $35,000, shall terminate. 5.2 Second Amendment. If, after five (5) years from the date of this Second Amendment, Recipient is not in default under any terms of the Amended Agreement, Recipient's repayment obligations for the portion of the grant issued by the Second Amendment, in the amount of $15,000, shall terminate. 2 5. Reaffirmation of Grant Agreement. The parties reaffirm the terms and conditions of the Agreement and the First Amendment. The Additional Grant Proceeds shall be subject to the terms of the Agreement and the First Amendment as amended herein. Except as amended hereby the Agreement and First Amendment remain in full force and effect. [signatures on following pages] CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Mayor Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of June, 2015, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 3 RECIPIENT Jerry M. Fehn LuAnn Fehn STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of June, 2015, by Jerry M. Fehn and LuAnn Fehn. Notary Public CONSENT OF LUANN'S PLACE,LLC LuAnn's Place, LLC,hereby consents to the Amendment above. Dated: By: LuAnn Fehn, Its General Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2015, by LuAnn Fehn, the general manager of LuAnn's Place, LLC, a Minnesota limited liability company, on behalf of said company. Notary Public This instrument was drafted by: Gregerson,Rosow,Johnson&Nilan, Ltd. 100 Washington Avenue South, Suite 1550 Minneapolis,MN 55401 (612) 338-0755 4 EXHIBIT A The rehabilitation work consists of the following kitchen repairs: • Tell-tale floor drain • Type 1 vent hood • Cabinets • Countertops • Floor/Backsplash Tile • Lighting • Dual sink and hand washing sink 5 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Public Works/Engineering Approve Maintenance Agreement for the Mary Krause Stormwater Facilities for Blossom Hill Requested Action Move to: Approve Maintenance Agreement for the Public Stormwater Facilities for Blossom Hill. Synopsis The City of Eden Prairie currently has maintenance responsibility for the existing stormwater facilities that are located within drainage and utility easements in the Wagner Property. Due to the stormwater facility being modified byThe Pemtom Land Development Company as part of the Blossom Hill development, the Riley-Purgatory-Bluff Creek Watershed District is requiring an agreement outlining maintenance and reporting requirements for the new public facilities. This agreement must be executed as a condition of the Watershed District permit for the stormwater facility's construction. Background Information The existing stormwater facilities were constructed by Hennepin County as part of the Pioneer Trail reconstruction project. Once completed, the City of Eden Prairie assumed maintenance responsibility. The facility will be modified by The Pemtom Land Development Company as part of the Blossom Hill development. Once completed, the City will once again reassume maintenance responsibility. Attachment Maintenance Agreement and Exhibit A MAINTENANCE AGREEMENT Between the Riley-Purgatory-Bluff Creek Watershed District and City of Eden Prairie for Blossom Hill This Maintenance Agreement (Agreement) is made by and between the Riley- Purgatory-Bluff Creek Watershed District, a watershed district with purposes and powers set forth at Minnesota Statutes chapters 1 03B and 1 03D (RPBCWD), and City of Eden Prairie, a body corporate and politic of the State of Minnesota (City). Recitals and Statement of Purpose WHEREAS pursuant to Minnesota Statutes section 1 03D.345, the RPBCWD has adopted and implements the Stormwater Management Rule; WHEREAS under the Stormwater Management Rule, certain land development activity triggers the requirement that the landowner record a declaration establishing the landowner's perpetual obligation to inspect and maintain stormwater-management facilities; WHEREAS in each case, a public landowner, as an alternative to a recorded instrument, may meet the maintenance requirement by documenting its obligations in an unrecorded written agreement with the RPBCWD; WHEREAS in accordance with the RPBCWD rules, the RPBCWD Board of Managers approved permit 201 5-16 on June 3, 201 5, on condition that the applicant property owner record a declaration assuming a perpetual obligation to maintain stormwater facilities to be built to fulfill, in part, the requirements of RPBCWD permit 201 5-16; WHEREAS City wishes to assume responsibility for the maintenance of the stormwater facility to be built to fulfill, in part, the requirements of RPBCWD permit 201 5-1 6, as shown in Exhibit A, attached to and incorporated into this Agreement, and the RPBCWD has modified the stormwater-maintenance condition of permit 201 5- 16 accordingly; and WHEREAS City and the RPBCWD execute this Agreement to fulfill the condition of permit no. 201 5-16, and concur that it is binding and rests on mutual valuable consideration. 1 THEREFORE City and RPBCWD agree as follows that City, at its cost, will inspect and maintain the stormwater facilities as shown in the site plan attached to and incorporated into this Agreement as Exhibit A (Blossom Hill) in perpetuity as follows: 1 . STORMWATER FACILITIES a. Stormwater retention and treatment basin(s). Stormwater retention and treatment basin(s) must be inspected at least once a year for the first two years after the project is completed and once every five years thereafter to determine if the basin's retention and treatment characteristics are adequate and continue to perform per design. Culverts and outfall structures must be kept clear of any obstructions or sediment accumulation. Sediment accumulation must be measured by a method accurate to within one vertical foot. A storage treatment basin will be considered inadequate if sediment has decreased the wet storage volume by 50 percent of its original design volume. Based on this inspection, if the stormwater basin(s) is identified for sediment cleanout, the basin(s) will be programmed into the City's storm water budget plan in order for the pond to be restored to its original design contours. b. Raingardens, infiltration basins and filtration basins. Raingardens, infiltration basins and filtration basins will be inspected annually for the first two years after the project is completed and once every five years thereafter to ensure continued live storage capacity at or above the design volume. Invasive vegetation, excess sediment and debris will be removed as needed and healthy plant growth will be maintained to ensure that the facilities continue to perform per design. c. Lift stations, grit chambers, sump catch basins and sump manholes. Lift stations, grit chambers, sump catch basins and sump manholes will be inspected at least annually. Lift stations will be maintained according to City standard operating procedures. Operation of the lift station will be such that at least 2 feet of freeboard is maintained below the low floor elevation of all existing and proposed buildings surrounding the stormwater pond. All sediment and debris will be removed as needed such that the stormwater facilities operate as designed and permitted. 2. Reporting. City will submit to the RPBCWD annually for the first two years and once every five years after a brief written report that describes stormwater facility 2 maintenance activities performed under this declaration, including dates, locations of inspections and the maintenance activities performed. 3. Property Rights. City represents and warrants that is possesses all rights necessary to legally access and use the property shown in Exhibit A to fulfill its obligations under this Agreement. In the event that City becomes divested of the rights necessary to fulfill the terms of this Agreement, City will effect transfer of its obligations to a party with all rights necessary to maintain the facilities shown in Exhibit A in accordance with the terms of this agreement, subject to the approval of RPBCWD. 4. Amendment. This Agreement may be amended only in a writing signed by the parties. 5. Authority to Contract. The person executing this Agreement on behalf of City represents that he is duly authorized to execute this Agreement on behalf of City and represents and warrants that this Agreement is a legal, valid and binding obligation enforceable according to its terms. 6. The recitals are incorporated as a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT By Date: Claire Bleser Administrator City of Eden Prairie By: Date: Its Mayor By: Date: Its City Manager 3 Exhibit A Site Plan and Stormwater Facilities 4 02015 Westwood Professional Services,Inc. Vicinity Map • . -L •..- - 1 !.' I. ','.N... ti. ir. _ SITE Preliminary 1re l y Y f • Submittal (Not to Scale) for Wagner Property Eden Prairie, Minnesota Prepared for: Sheet List Table NO. DATE REVISION SHEETS Sheet Number Sheet Title 1 01/27/15 Revised Per City Comments ALL The Pemtom Land Company 1 Cover 2 02/11/15 Revised Per City Comments ALL Existing2 7697 Anagram Drive 3 Prelimn Co nditions Eden Prairie, MN 55344 4 Preliminary Grading Drainage and Erosion Control Plan 5 Preliminary Utility Plan Contact: Dan Blake 6 Street Profiles 7 Preliminary Tree Inventory&Preservation Plan Phone: 952-937-0716 8 Preliminary Landscape Plan Prepared by: Westwood tz. EiBii Ezzia. Preliminary Plat Submittal for Wagner Property Project number: 0004473.00 Sdee rra4le•h44,aasom Contact:Cory Meyer,LA Date 12/19/14 Sheet 1 of 8 02015 Westwood Professional Services,Inc. Call 48 Hours before digging: 811 or ooll811.00ro Common Ground Alliance ( N i\\ if "--'\' y l I / /I it B26 �,\ \`\ \�'� I l /111 \ 1 g I I I / /� 1 \ , 1 1 (JI 0.4 i- 17 1 ( I WATER'KEY I Ili \ T; µ I vlI 1 \ �\ \ r /; 2\ 1 \ / / , /- ) I I a Properly Description: 001 gg° l-- — — \� \ _ / 1 — f 111 '7' ,——— , .441 r * i ' \ , 1 ,T, if„, .4 . if .! \ \ \ \� \\ I r, I LI': II Ili \ \\ __ g Io ;\ \ Z r I Et W 1 = '-' I \ '' '--. /'ir/ \ ---,- iilfl .9 l:,2isft—.' ( I I \T /''1 e \ ,1:1 W''''W`ling 4` '�l �// \\ m a \\ ' ���_�� 1 (� Legend —It; I \ 1,,,,: o aM Me°B ® SNRM MANHOLE ;i ter= I I m y �� a f "gyp a • cm��EExoee,Ra © MEPHONE Box C 1l !• g _/r 9I i .IIII7 - �P /Ifi� / e sEsc� rEosrreAEr,c�arI 1 / 1; _ _ sw m nci E ro ca o vMuo / s �, I J' �\ cecrveax a HYDRANT 1, I Im 1' I t .., smar A,>1 1 \ I ` em I '` j I o�, kg I — GUY�RE __„_ SANITARY SERER m I� = A m, \ON I /J I a PORER POLE _ STORM SEW. I ,� y —— —— l �. I I I'7 — 1 o �e R,e BOX TELEPHONEUNDERGROUND I. O SANITARY MANHOLE \ __ 1 • »B nEAMo r —.— FENCE LINE O \ C �I J d \. P \,..,_._ �� 1� d x/'",I I \�// /JI \I 1/ ✓�� ® cicx BASIN cure FENCE k G 50' NOT FOR CONSTRUCTION Latest Revision Dat«0ozn l/15a.g oaa 12/19/14 s� 2„oe 8 Wagner Westwood :mow :`—P#"-� Prepared Lot. npM, p7 I"""""�� I �-�a I I The Pemtom Land Company Property Existing Conditions m � w c... 7697 Anagram Drive & Demolition Plan .nwewuir.Me,.ne 02/11/15 29M1 °i®°[Mg a Eden Pr MN 55344 Eden Prairie,Minnesota P2015 Westwood Professional Services,Inc. Call 48 Hours before digging: 811 or coll811.corn Common Ground Alli0nce Property Description: Lot Is end Lot 1t,EDEN MIME ACRES according 10 the recorded pat Owen,.NennNin county.Mmneaata. / I Development Data O1 \\ it �m v / N EXISTING ZONING: R1-12 I�yr•IJlI PROPOSED ZONING: R1-135 \ ixu.• SITE AREA 2650 AS /' 2.5 J nr r- r hrn rr -. Y' n i Z. xB.am amrm.ewom k� PROPOSED HOMES 12 saw a 8BA641 a ` ^1 ray ru ! GROSS DENSITY t 1.85 DO/Ac. mr.;■o rwaa de rr, a� 4 1 - • , .. wee oN 7r — al / A,a � ? r 6 Lot Standards: {) I b ' �A'yl7 7r rT r 2 --' e w2 I _ F` MINIMUM LOT AREA 13,500 s/, 14,6BB s/as prop11: _ pa°®'1 I� eo a on e I I /•l \\ /^\\ \ -' 15 J1 A / • �I 11 z$9J C� '> � MAXIMUM LOT AREA 31,045 sf proposed 0 € /'/' C� �• AVERAGE LOT AREA 10,360 sf proposed r - Ti + I I ^ I I I >« `C baw MINIMUM LOT W1D1H 65':90'os proposed 0:M1onl0ock_ r11 { rroA�aee art t I I I � /� \\\ �' 6 r 1 / 8 I,_II SETBACKS ) g -1?-- ll I / j \• - II II DEFRONT 10'min/,' 25toTOTALc(30'WfaP ROWJ 22 A2 I B _F-_ ns.v I / \\1\ REAR A 1 JI 1 -_i! /// I, \ 7 1 \\\ I 1 - a 2D" I / 1��\ 1 5a NOTE LOT MTH MEASURED AT SETBACK,WAIVER REQUESTED FOR MINIMUM LOT MOTH 9 R/WJ ,n _ <5 I �� c J \ J H E� f,o^' ,\° %j" J Development Notes a J F, �� - - \ • � /�Aura) ✓� '• 1. ALL LOT DIMENSIONS ARE ROUNDED TO THE NEAREST FOOT. Cl \ .\\ / i\\ S+°��' ��,y�/— _ 2 ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT. C ��-v Vr,, � 3 STREET NAMES ARE SUBJECT TO APPROVAL BY THE CITY �I Y1ItII \\\ I \�I i --r y , 4. DRAINAGE AND UTILITY EASEMENTS SHALL BE PROVIDED AS REQUIRED. Fi I' ,11 ral n \ `/ p / omte /N �/ •DRAINAGE AND UTILITY EASEMENTS WILL BE PROVIDED OVER ALL PUBLIC UTILITIES, 1;,...: .ro I R r ; I/ rta.-1 •ON EASEMENTS NNLL BE PROVIDED UP TO A MIN.OF 1 FOOT ABOVE THE HIGH WATER LEVEL OF ALL PONDS, 11 • I S 6 «4. l I ////� C $ AA •D/U EASEMENTS NMLL BE PLACED OVER INflLTRATION BASIN WAN OUTLOT A AS SHOWN, •) I I tr I l aaa n &�' I 1 I 1 razea,r I .; r 5. STREET WIDTHS SHOWN ARE FROM BACK OF CURB TO BACK OF CURB rn II �. .�J J ere L- - J 1 I j I L. .J q! 2 \1 y L - - gi ° '" W Typr Lot Detail <<$� II I a ''Ti r;cc Wow " I I I "mcr.=MM., ' eA l ~ ' STREET .41 F, I 1 I I %' I r ,.ea ww.r a«.�A / r.w�•aa,�,:.2.�_( I a I ,orare bw ae,ewr bey j„ sI s. R�� t lty Easement j I'k Setback Line f ail~ I \ I 1I rm .. I I 1 J 1 \ // III 13,J16 s1. Lot Number _�•— I' Lot Area JJ 90 _ 100' 150' Latest Revision Date:,,02/11/15 are 12/10/13 sheet ooOFor8 _Y_r W eiw°`m e�'r r'...m u.'+m. Prepared f Westwood m..MPreliminaryPlat I npM„ a� �� ��P•r=e.�m M. I The Pemtom Land Company Wagneraner Property �°° H.,M� T69T Anaram Drive aawenMyrMua We 02/11/IS 23021 am Oihj a Eden Prairie,MN 55344 Helen Prairie,Minnesota 02�➢,15, tw a Professional( vices, V ) r I III II K' N '_.1 \\ \ / \ / j \ i Call 48 Hours before digging: C )/ )) I A I I �I ''C'lI �L�^ I) `I_ )v I �,,`�/JI) \ 8omm11 or on Ground off ' / �� ) — D '�■� a 1, nce � �� // / EROSION CONTROL NOTES / / / Y l J l� U / \ j , ALL SILT FENCE AND OTHER EROSION CONTROL FEATURES SHALL BE IN-PLACE / V `/�_ / II _` \� A • PRIOR TO ANY EXCAVATION/CONSTRUCTION AND SHALL BE MAINTAINED UNTIL L VIABLE TURF OR GROUND COVER HAS BEEN ESTABLISHED. EXIS1NG SILT FENCE / " �S� "NNagair \ o\\ J ON-SITE SHALL BE MAINTAINED AND OR REMOVED AND SHALL BE CONSIDERED INCIDENTAL i0 THE GRADING CONTRACT. IT IS OF EXTREME IMPORTANCE TO BE oAr `�/ - —^ - \� -- - _ AWARE OF CURRENT FIELD CONDITIONS%MTH RESPECT TO EROSION CONTROL. T` - / / — 6 / TEMPORARY PONDING.DIKES.HAY BALES.ETC.,REQUIRED BV THE CITY SHALL BE Sze\ \ \\ INCIDENTAL TO THE GRADING CONTRACT. / I I� 82 \ \ A • ALL STREETS DISTURBED DURING WORKING HOURS MUST BE CLEANED AT THE ENO / // ' '� \\\ \/ I / \ OF EACH WORKING DAY. A ROCH ENTRANCE TO TI+E SIZE MUST BE PROWDED ,\ ACCORDING TO DETAILS TO REDUCE TRACKING OF DIRT ONTO PUBLIC STREETS/ �m c " \ \ �, \\ I \ J GENERAL GRADING&DRAINAGE NOTES: IVa I'� lI / •-WATERBODY \ \\ �- / 1—— ALL CONTOURS AND SPOT ELEVATIONS ARE SHOWN TO FINISHED SURFACE/GUTTER I ` I I IDp 23L32-A I I 1 \ y� / — — ( _ • GRADES UNLESS OTHERWISE NOTEDT • REFER TO THE SITE PLAN/RECORD PLAT FOR MOST CURRENT �- \ HORIZONTAL SITE DIMENSIONS AND LAYOUT n // •_ \ \i \ b XST NG SCREENING • THE CONTRACTOR SHALL VERIFY THE LOCATION AND ELEVATION OF EXISTING /� IIIi UTILITIES AND TOPOGRAPHICAL FEATURES WITH THE OWNERS AND FIELD-VERIFY / j i6>6 9 /� l \\ g' \ TION ALONG PROPS'T PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE / I I9j T 'R `�IENGINEER OF ANY DISCREPANCIES OR VARIATIONS FROM PLANq. • ALL CONSTRUCTION SHALL CONFORM TO LOCAL RULES. 1 I' \\ L -- -,/) \ /_ F. • POSITIVE DRAINAGE FROM THE SITE MUST BE SHALL RE p AT ALL TIMES. \ ::....). • LOTS 1-2,BLOCK 2 AND LOT I.BLOCK 3 SHALL BE CUSTOM GRADED r ( s ^ ` `` I AT THE TIME OF HOME CONSTRUCTION. O \ �rll -T \ ‘- ' «. �'c Nig* . MODULAR BLOCK \ iryIN') `\9 , ill R NO :SAVEI1 ( Q , !) Ij Y p RET.WRLL(TYP" BN�a34.o TH, _E (TYP) ■ Io ° / /v �� ♦ \� g �m G 852.'_' ®� \ ?B �� B--829.0 ,e, \, t\ ___ I LOT CORNER ELEVATION wq a end 7 cusroM� I . I11L—� / 11�oo \ ,„ '`--1 \ �1 aBaa AOWa,\�� �us-M) I 99 `�:�iliiw+��� b.#f"\ \ i� ,`O0 I I I —DRAINAGE Te ELEVATION 8 ,�'I WALKOUT.IIIMI" . i .,- .� G BB �' $ : I � ` vd/ �� A 'Ell 1�, FRa"T�R>aE LL::: i\. G B:'� I BBB. 1Tp - [ vititert ��►- ' � i�s��- -P ._I \ 1- `pIII �k L�L��� I ►,1 � �� �I��'� v — o Ip � DRIVEWAY WNIS T IVE5'OrP'Ari TO or P.m TO ,,,,T,,,,,, \ 1 — T GARAGE SLAB ELEVATION 0 )' �aVa •� m I� 0�� o I� FRONT GARAGESLAeI I,I- T , .� �� tA007/7"/ as(PL- — J . _SLeT T.BLK 3 orreoroI. I _ c "' ., , ►o , �'� ) / CU•TOM GRADING1 1 il L i .- `-. _ �` =ass --° -11-,-- ro',�3.t i(MATE, RL«k oR o,FRONT GrEE AB ELEVATION E�S DROPPED _ T - - - - - - v Oi�NMOATEB,N T,TxE BABA [--- TF--- -� 'Il" r -( --I+oME III .. I �_ __�/, STO VEER DENOTES MOVIE / BSI a (a)INDICATES TWAT THE GARAGE Is _ I 1 II 1 9 M' !(N CN, I 1 TREE(TYP /; ILII I �;t _ V I —— _ �DENOTES SOIL DENOTES HEAVYNAG V 1 1 c i I �� ' j I v `'vv 1 DENOTES f o�PR PROPOSED SUTY SILT GE d ll { -- i� TREE LINE ! 1hk P — — — rwvYr REMOVAL LIMITS I DENOTES APPROXIMATE 1 I A I DENOTES EXIST,.POS ED SPOT TLEVAION ELEVATI 1x4 r 1 1 ti DENOTES RRON�a�ROLL ONLGW S X —1(: ::)''' 1 / 1 I EG.r. ELEYATON NTRANCE 10 I a j ,i a / • I — — IN ROCK KKPFTPmENG WA --- — Ilk — I��� / _ LL it �I �i I Latest Revision w' ozTED -- ( I - NOT FOR CONSTRUCTION dwg a I vv i \ Wagner Dabs 12/19/14 Sheet 4 co 8 Westwood ` _`m� UP Prepared for I m_mm mM��am I ; IrzzP.,,.�m_ I PropertyPreliminary Grading D. The Pemtom Land Company Drainage and Erosion e° mm" ram e•ade,n °"•` 2697 Anagram Drive Control Plan McR.a.ims.wee Me 02/11fl5 lUSB am[Mg°'Y0i1e Palm Prairie,MN 5,344 Eden Praise,Minnesota 02015 Westwood Professional*ices, / \\ / Call 48 Hours before digging: / dQ' / / / I 1 811 or co11811.corn • � I common Ground Alliance //• "'//III; / / )/ 1 \ I ``\� o / �/ ^ i \,� I GENERAL UTILITY NOTES. --\\ --�� / J-`�—�i— L -L�- A / - � \ °NN°:ND cRVICE'i sE Er°is,Aun, wE•j - -- -- - ---/ TERIAL_/\\ / J / \ ('STANDARD SPECIFCATIONNSTALLAWON BY THE V ENGINEERING ASSOCIATION FOR HI "M/ / / \ \\ AUGUST 31,2005 INCLUDING THE C ADDENDUM. THEY. l \ R QUIRED T°FOLLOW ALL PH I ,-��, ° '--y i OF I / I \ \ •THE CONTRACTOR YSHALL RECEIVE THE NECESSARY PERMITS FOR ALL WORK OUTSIDE / J ;� J I I— ,;/ J/ Y \ WATER BODY VNSTALLED MTH A MIN.OF 7.5 FT.OF COVER. THE / /�\\ / V %'/ / ID//2�32 A J _ \ / \i _/ ^ \ %' -/J /AV �h 1` 1_d •ALL STORM SEWER PIPE SHALL ' \ •THE CONTRACTOR SHALL CO E FOR \\ 1 BLOCK 1 AND LOT 1.CONTACT zLITY INSTALLATION. SERVED ` / \ \\ _ e FOR UTILITY LOCATIONS PRIOR TO UTILITY INSTALLATION.C� J L VIA EXISTING BLOSSOM ROAD SERVICES.HA r \_ 1, o f r m m \ i I 2 ^ p P _�_' 11 I RA w H.o.w. PA 11 2 ;, , ,/ L I ,-� 11 11 ;) ex MINIMUM — 1 17 £ / // \\ I a I 1 — —— TOP UM / I RE=870.95 // \\ ] \ 1 (rn.)3aPF IL / E=85J.95 /�/ 1` \\\\ 111 _-� 1 ,) \ \ 1 I la OOP,aRaso. L`\ // // 1 \\\ /' \ PROFILE GRADE CONC.C.ec SURMOuNTABLE cRawxc GRADE iL3(saEs[cnoN'e') I 1 ' / g I / \\\ • 11 11 ONNECT TO _—.— i. ,J ____„� EXISTING 6'WMI -I TIE 1 -� C \� C TYPICAL SECTION PUBLIC STREET `'lli _ _s RE=865.67 J , \ _ J IE=854.27 \`\Yyi� c --- J Et I- CONNECT TO--1 I-__ _ \\ r \ 1 1G [: EXISTING 6"WM �� \ \ //. / _ au STREETS �11 ti w/6"6"TEE \`\yi / `, I ie —__ 'I LallEillhe \ _ , I 2 . RE-864.3 / , / ,, / \ IE=853.93 3 ,, \ \ \ „III / 1 5 i / // 'OOT SPE WEANING - •I / ( A TACK COAT,MOOT 2357 SE COURSE I L 5. sl BN T SPEC.2350.ARRvwBz3ae s i I CONNECT To 8� I F �� fi0.CRUSHED.CLASS QUARRY BOCK) LEGEND EXISTING 6"WM CONNECT TO / I �.ONNECT TO 1 EXISTING MH // EXISTING 6"WM IE=853.50(VERIFY) - TYPICAL PAVFIAENT SECTION"B" 11 / I I I111. I I NO SCALE FX1571NG SANITARY SEWER—d— A/ n I I �l 111 l e (i) WATER /V , I _/ / �' I- — lI I I `J 000 w/VALVE I I • ——— —� I T R STORM SEWER —.— \*,` U /AV /1\I\+,.- I , I PROPOSED 1' I I I II\� JJ " 1 I\ i i J 7 JJ SANITARY SEWER—4— I I \ .> WATER —I- 11\ // \\ % i / STO W/VALVE �� 1 STORM SEWER —N— li II \ . �' 6"PERFORATED _ i F——————— ————— P \ PVC DRAINTILE • (III f __—� 1. I I \ co v 7 ill Il �, - 100' 150' I. �I-------------- i —.—.—.—.—.—.-------- NOT FOR CONSTRUCTION aM test Revision Date:02111/15N —`4 Wagner 12/19/14 sn�c 5a OP 4 ,P8 a. u.eY-'.w wep4--�."'-.wrmw. Prepared far. IWestwood npM,-a� °"" �� I The Pemtom Land Company Property Preliminary .17: Utility Plan Mae John eeedc,n �� 7697 Anagram Drive rnwwwuisxweAxe 02/11/15 43356 °i®Y�y /W` Palen Prairie,MN 55344 Eden Praise,Minnesota a 2015 Westwood Professional Serdcee,Inc. Coll 48 Hours before digging. 811 or cal1811.com Common Ground Alliance 875 LAWSON LANE 875 • . m m '� 0 m. 100 VC. mm _ H.P.H.P ELEV=861.08 870 H.P.STA:=0+27.78 870 100.DVC PIA STA'=-0+25:30'- LP-.ELEV=855.43 PVT ELEV'+862.50' ' ' . . • . •L.P.-STA•=1+85.58 A.D._-11.37% PVC STA._.1+]].]] K=8.60 _ PV,I ELEV=854.30, PVC=-0+28.80. 865 A.O.•=•9.28% ---,•-•"\• ' PVT=2475.00 865 IC.10:]] ELEV-=859.50- -0'o • ' -PVC'=1+21.77- ' . ' ' ' . . . 'ELEV=.859.8, . ' ' . ' . ' - •- .PVT•=.2+27.77 . . \. . . tt.56 . . . . . . . . ELEV=sm.98 ELEV=858.26, � II r 855 . . .\ . . Q/' \ 855 850 850 4 3 2 1 0 WINDSOR TERRACE ___\ n . a 49.00'VC . 2m•____ go .�\\. 66 S-34. . . . d<' H.P.ELEV.864.94 mm . - 2 H.P.STA=0+35.50 PIA STA=.0+25.00 PVI,STA 4 52.9] 2'°°% b 50.00'VC PVI,ELEV=868.12 22A ELEV 881.50 �• ^ ` L P.ELEV='864.71 -- - -- -A.D._-3.50% ' ' ' ' . ' ' ' \ - L..'STA-_0+81'.25' ' . K=14.00 - ' PIA STA=0+75.00' - PVC+ \ PVI.ELEV=864.62 _ • PVT=0+00.50- . A. A.p. 1.60% ELEV=Hfi4.51 50.00'VC • \ K=31.25 ELEV=864.87 H.P.ELEV.=881.00 : \ PVC=0+50.00 HR.'STA'='3+]].9] PVL STA','3+52.97 ' \ELEV=864.87 PSI ELEV.-880.50 \ \ELEV=864.71 \ 870 -K=8.92 870 PVC=3+2].9] 100.00"VC 11 •PVT,3+1].9] LP ELEV 864]]. - ., W, . 'ELEV-=878.80 ' ' 'LP.STA.=1400.00• . . . . . . . . . ' - ELEV.881.00 . . • PSI STA'=1+50.00 u n 665 •PVI ELEV=668.07 A0..=.].00% Q . 865 'K=144a 0.60% 41 00% . PVC:=1400.00. _ - :50% PVT.=2+00.00 ELEV=864.77. 860 • - • • • . ' ' ' ' •ELEV=868.87 BBO 5 4 3 2 1 0 NOT FOR CONSTRUCTION Latest Revision Date:02/11/15 ■- /� Wagner are 12/19/14 Sheet o6„OP 8e.s Westwood u.e�.w w e pr.7 -n�1 _ PrePx ed fur I npM, e= I �� I I pp I The Pemtom Land Company Property Street Profiles mae John Be*,a �� 269]Anagram Drive mwewulr.9sne 02/1V15 43358 NM aa4 biene Palm Prairie,MN 55344 Eden Prairie,Minnesota P 52015 Westwood Professional services,Inc. I I LT—I • POINT CAL.IN.SPEC. TATUS // 1 �/ / I ——— —— ` b. `\•�� /-, \ Pea Norway Pine NOTES Saved 1 n \\ \ White vine 5007 wrote vine// f��` \ , _ \ _ ' White Pine avea— -- - — r a White Pine dyed y—t1 \ 11 wrote PIne saves/' I \ z \ �' \ 1� unite Pine savedSavea LOCATION AS SHOWN ON PLAN. MAINTAIN u. TruecvIM eMAXIM' 7 ` \ I / A \ wmre vineSaved / 5014 8 White Pine ` �\ I woss 10 wrote PRe aveaq f Y a edar ea ELEVATION 1 a edar vea l / 1 d dIL oi* TI �, T `2 ? iQUALi.� m as °RP`aq ety A �,\ ,�%ro Ikeea . sfnPmBW I • :>6 aa OR-n.V�2ruin I I 9� 1 e.. Op rvl- ' I :0;3 f3 II d veddPLAN -/41 \\" "rTq,. . E E '- /J' EiEI 0.edCedar ovetl 24 a Eastern Red Cedar Removed \ , Eastern Pea Cedar Removed NOlE1` " '� 1 ,�.( • I I \�tqlos 1 � Ped xanvaVP ne ovetlI.vxux xc vnLL e[oox[a xnLs oil PROPxuT[PRux xc scnsax. R x `P '''�sc 1�� ��.� k �l • `��• j 5029 2 Bur Oak Saved WLLNO OCCUR MTHIN OF THE FEx�UNE MTHOUTON Of APPROVAL x wRnxaDEVELO FRO,MENT THEOF 6n. NY SOPT `';k ., .o,e :°, � 41�►1 �w� \ , 1 ► W mERv.nxx exxaEs .xp ALL epxTR.eTxR=x.w BEEx BREfm ox 0� .•ql �,� O..+y�\1�``\`\ \ \,,, t 1 ,I o Red oak o� I r> � 1�. ` \\\ 62 DENOTE FUTURE VA,1 n Ie ml 6033 2 Bur oak p saved TREE PROTECTION rz xn re P.e ��I� �1`1�.`\v\\\� \\ v+,s TREE BYUILDER(Tv ��'i/��/ ��/s Y�E � I l iv Bur p 5 � oonnme Ili V�`y`\\�`�\ \ Oak Saved LA19 �� �� �\\\ 1 y I„ /0 m RO White Oak Saved ra•w �� 4 1vz. \� O\\\,j • V ` 13 White Oak lea Kt I # \ B2q ] , I 1 wM1te Oak 1 ea w»Q � �� g4� .. ' / p�• Cask IOff S't <I�_i rwv+� �`��t \� f I/e4e �e4 ( saw Cato oak sSaved aved r 1 •�-1'tl�_ /�,���\\ �i /� _ White oak moved'• A � \ :� � •� mtm `'. _..� _ WM1te oak ovetl.. ii ,< ..tea a3 Black berry Removed." o v'�5�-�`t aA, ,, ` 1 �,,!•�� ,:, - ^bar,' •. � Soda zl White oak Removed.. .;.�'.•�� �� '.N '11P.'---304.041,,,, ,,, ... . :' ter _ BlakChlte:r =a \ Ira 2. 11:1141141. .' �..I , � �zbo�r�.�P """a . . 26 White Oak 61 26 Wckberrkved Saved Remooved liL Removed .: .. Rom<. r�0� , M .> .00x �{ ® 1 ( 5050 19 White k Removed 1 y 18 White Oak Removed II I +� kVA, 1111110 O scud •oeP Bya White Oak Removed �— f L ��/• ra,e6p6o2 p1 - ite 550053 15 White Oak a 1 �" �• �,I,l P O e°<°01 1 r w' _5056 14 Black Cherry pa Removed Removed / I 3 0h / rT cnn�o . f r vn •_ — 5058 36 B RedOak ry s Removed /_ m I Ir ,� �/ 3� / Rea Cedar Removed �Q _ °Y PEr P'0 a mall TIC 5060 8 Eastern Rea Cedar Removed 1I P `il y�NOTES' TREE �, _// /' 5061 9 Eastern Red Cedar Removetl ylJ _ if) \ TYP \ \ IIm I I I / ( _ Rea cedar Removed LI vS 11 I ro 5063 13 Cnlaraaospru<e Removed .111 1 /A/I n / K • — `I— — / y 50. 12 Solway Spruce Removed 50. 8 Eastern Red Removed 1I+ I Iri_ __ ___ F r V '\7 / I I \1 / / 16 Sugar Map¢Cetlar Removetl rI� �/ A Removed +I I I ♦ I \ k'__ ` V L/ \/ m I`Y \ II /ill ) S068 11 Sugar MapleRemoves P <? � X5070 B Colorado spruce oved III / I / d 1 // /-' \ 1 _ 5oJ0 12 Coolprads5pru<e Remev e _ So21 rwaY Pruce 0.u \ \ — I I eplacement Calculations __ l-.\ \~ I 5.\�^ ,r..r ,. rI1 \1 ` 11Ir�<neRaaemoveehes on-stc 43z cAL.IN.I I I 1— \ r e site: gs°CAL.I. '. �� t ' �k �\,.�_� \fir l � � �, Removal Rate 485 ...— Required Replacement Indies 278 CAE IN.I �I(32/8w•1.331•(432)1 Tree Replacement Required(03.5'per tree): 80 trees 11e50otl4ns: PO=Physlwly Damaged(e.g tornado,wind/Ice storm) su Specimen ree removals indicated on Lot 1,Block 3 are anticipated removals a occur with home construction(verify with building permit) Latest ReViel0n Date 02/11/15 am 12/19/14 Bland: 7 OP P8 o' so' 100' 150• a.B NOT FOR CONSTRUCTION Westwood a�.`: ••e,..ar a. Wagner Property .a ft°rR m Preliminary Tree ®^ r Pir L11y�m The Pemtom Land Company Inventory & ® r °"` 011 7697 Anagram Drive Preservation Plan aaase.erralwgwubswwreaare var OT✓11/15 r.�ay 267A °i®a 1 b'/a<r` Eden Prairie,MN 55344 Eden Prairie,Minnesota L P 02015 Westwood Professional Services,Inc. Planting Notes / // J/ I II /I —' ——4-`_` N�� 1 1. PRIOR roTANsiau L C050ON FcnNvua�auis GROUND ors OT CA SI OCA CO VERIFY LOCATORS OF ALL UNDERGROUND ununEs // K. \ �— \ \\ / \ AL 2. ACTUAL LOCATION OF PLANT MATERIAL IS SUBJECT TO FIELD AND SITE CONDITIONS. _ 1} - \ - --_ , T_ �v, I 5. CO PLANING'MLL BE INSTALLED UNPL ALL GRADING AND CONSTRUCTION HAS BEEN COMPLETED IN THE IMMEDIATE AREA. PE ) \ �_ 626� 1 �\ \l' A N sues-re-wren.MUST BE APPROVED BY THE LANDSCAPE ARCHITECT PRIOR TO SUBMISSION of ANY BID AND/OR QUOTE BY THE LANDSCAPE r § fri B26 \ \ i \tom fp 0R. Ij \ 1 \ \� \ CONTRACTOR SHALL OWNER'S WRITTEDE N YEAR OF THE INITIAL PLANTING MATERIALS. MATERIAL ON HAVE OF ONE LANDSCAPE GUARANTEE COMMENCING UPON PLANTING? 0 / \ I,,7 I \ I \ 6A G STO BE SPECIMEN GRADE.MINNESOTA-GROWN AND/OR HARDY. SPECIMEN GRADE SHALL ADHERE TO.BUT IS NOT LIMITED BY.THE H , \ ,N-1 / HY a Im ': T iI ::;cil r; \l ONFERO S REFSHALL SHALLVE HA AN ESTABMSHED MAC ADERAAMo A HD HT TO WD H RAnO DF ND LESS THAN 5 3NTS LL AD MEE MERICAN STANDARD FOR NURSERY ST I zeo1-2004 ore MOST CURRENT VERSI ►`sik o� / I c' mI O K(ANS ON,reEQDIREMEN FOR SAE ANDB>6 d q 6j2 II / I TYPE SPECIFIED_ �\ • rTr ° E EE E 8 P ANTS TO BE NSTALLED AS PER MNLA&ANS STANDARD PLANING PRACTCESVe ° � 1 / tI 9. PLANTS SHALL BE MMED ATELY PLANTED UPON ARR VAL AT S TE. PROPERLY HEEL N MATER ALS F NECESSARY:TEMPORARY ONLY1C( \ I - t -1I , 10 PROR To PLANTING FELD VERFY THAT THE ROOT COLLAR/ROOT RAR S LOCATED Ar THE TOP OF THE BALLED&BURLAP TREE THIS IS OT E CASE, SHAL 7. 11 COLLAPEN R/ROOOP OT FLAIRBURL s ON LBBE EVER ore DREMOVEO POT oNONISHED GRANTS SPLIT AHD BREAK APARTDPEATUPOISTREE S PLANTED FRIE ROOT _' (( Q �i� ` IIA p.'I 1Dm { iv f I r COLLAR/ROOT reOOT F K SHALL BE EVEN DR SLGN r ABDE FINISHED GRADE REFS. `11`: Eo ( oQ �H `; tea\ '� � M h `,Iaiplio �ql� e�� i gym, fl_'. it a, "• -RsJ ®_ as DENOTE aFUNREYA' n r1; 1' Im 13 PLANTS AS BARKED RTREESPER STANDARD REMovE BY CORRECT 15TPOai BRANCH rvc of Ex snrvc ArvD PROPos[o& J TREEBY UILDER(Trit" / I F -� ANDSCAPE corvmACTOR SHALL I EY t Dnorvs PRIOR TO PLANTING. L � 4 �, NOEP,LANDSCAPEEAR AMENDMENTS Fo THELNEED o NYESO LPAME MEND GGry a,P,_ a re� �� 6 / gSA ° m 15 BACKFLL SOL TO ADHERE TONMN/OOT STANDARDRSPEC FCATION}8)Z(SELECT TOPSgL BORROW)AND SHALL BE NaFlVENTOP SOL FROM Si. t. �q'�- - I e' •BO ? ] I �� I FREE OG ROOTS ROCKS LARGER T1AN ONE NCH SUBSOL DEERS ANO LARGE WEE05 UNLESS SPECFED OTIERWISE M IMUM 4 OEPM OFE�11'— 0 _1! 57�=� 1^/�11. \ \ 4 04, I 1' I' I 16 SHREDDEDPHARDWOOD MULCH PROVIDED O BE PROVIDED FOR ALLAn2EE5EMUL HD TO BE FREEOF DELETERIOUS LEiER 0u5 MATERIAL I • J y a ' NATIVE 1 ���'Gov ikowta ����� ` % �� AT 4 / _\ I t TO PROVIDE v SHAPED DEPTH AND WIDTH To CREATE sEPARAnary r Ip._ ,M\�;*YI `�� 1. � 8Ill 58 1,��� ���` �,� I T BETWEEN MULCH ANDGRA55.ND NDVAL TREES OTHERWISE BE SPADED EDGE UNLESS NOTED OTHERWISEAz . ,O F'�������,�1�^�:; �``p '�� w � �� 400,i, � ` " / ii, • I ,\'����V,Y �� _y 1 ALL TOPSOIL AREASrviOWBEARAKED TO REMOVE DEERS AND ENSURE DRAINAGEA GROWN AND HARDY BLUEGRASS MIX.FREE OF SPAN NEEDS y. �,,,� 28 ALL 8.ALL AREAS IT I SOD AREAL LOTS BE IRRIGATED SODDED D BY PATH STAND RD MINNEQWNERB PLAN7I RES ECTIVE I I► � aI�1® it �;�� ���� � �;�►��`• ' OPERAnONAL OWNEre,NLL NOT PROWDE WATEre FOR CON,RACTOre LS DNTL,HE PLANT S FOLLY EBTaBL SHED DR RRGaTOry SYSTEMS ARE = DONTRADrOR B NG DF1111: I� '!wY 1� ,.LO �-/LB r� 1�! '•t ,. . �II� o zz coMsTRaucnonucE EXISTING TURF AREAS As REQUIRED PLANT ANY RonowaY BOULEVARD AREAS ADJACENT TO THE siE DSTuae[D DURING l� �(,., 12•C©MFC-Kr 7 7, �� o X,e illiter'� C 23.REPAIR ALL DAMAGE TO PROPERTY FROM PLANTING OPERATIONS AT NO COST TO OWNER 1. ' TIP. $ 1 wN roWekoid, II�% / ♦ A _ Io/"„ F��/ I�1� �t� 6�L t•: es' eyx III a I an: 4. _.„ ' ,..__Awl II WEIMI.— � :_ lLt�1., , -L - - s �° -� BO,kILE A'D)TREES AT So +/- 0h ,� S�AON L�CATED 1' ,IDE R/W, / Ij N �a / —- TRE ,,e,•P•0 (Fr S. \ \ I I a I J: C \ �. c( 'DP) it _ / F ry Fax PRUNE W T MISDIRECT. uo�azV c OSEre REQUIRED I)YEAR ON ALL ,E RPEsn°As aE lam. 11 \ I'A/I l/ ' .Y I 1Y—, I— — / I _\ m /� Y., oF�oW�o�xoOxMir'AmoVsomccs "'^`POUCH OF STAKE 3'PEN) $ nWWSAAx s9BOKoiaou� 41 y • DT /( 7 ( )I OSTS 1 1a 1 ) BERM.09. �(urvpxD ik � / _ I P \ �� v uRE N. y \� I li 1 ' p TREE TO POSTS M L SaNa I�� d� V I \ \ �� �I � — Ir d mML L6 u I1ITREE AAR,Rm./1AL ERN f — _ I \ 1 �I l,�'. N _ as xaT x LE oR Ill------ \ I 11 I -1,} °B.I ➢ . MaEa aasTaMaAsiN �I i t �. l .1 �. 1 n i �� �II 4 w =PEnnm sOARRy WOES A.POP.Or ROLE. Preliminary Plant Schedule Landscape Requirements I td'.1t. '�•'.'="T o SYMBOL QTY. COMMON/BOTANICAL NAME SIZE SPACING O.C. REQUIRED TREE REPLACER.,. 278 CAL.IN. NM R.I.FLARE TO BE PLANTED OVERSTEP, , SET ROOT BALL ON NOMA.° ►.AG 2a—Autumn a GBlaze en Maplel/scer x demon'le/Acer pp Prince., nnaerar d 3s•BB AS SHOWN WN P 5.(i9.NQ_ 110 CAL.IN. RoaxD �`', Princeton Elm/Um P to 3.5 BB S SHOWN - _ _ 0' 50' 100' 150' GRADE. E WTM N ED SITE ,WEE E MTH N DeclD.YARD TREES m x as Ro CAL N cxaxwx EARNED ww oL YARD TREE 20---♦a FROM APPROVED PLANT LIST BY CITY 3.5'BB AS SHOWN OECID.STREET TREES:28 x 3.5'- 98 CAL N N.r.s. M TOTAL- 278 I W wwww PLAN NG ��29 PLAN NG Aza V✓ to Pine/Pinua atroOu, 22—Blank Hills Spruce/Picea 9lauca dense, 12'HT,BB AS SHOWN No py Spruce/P1cea a51ea M.HT.,BB AS SHOWN Latest Revision Data 02/11/15 NOTE: QUANTITIES ON PLAN SUPERSEDE LIST QUANTITIES IN THE EVENT OF A DISCREPANCY. NOT FOR CONSTRUCTION CTION cm 12/19/14 Sheet 8 OF 8 �-M-�M�- °� Prepared for. Wagner Property Westwood ""rwweLawao.� , Preliminary I wM a p rc "`�" =P••DUANE_� �. 0. m I The Pemtom Land Company 0„ P., 2�2 Anagram Drive p y Landscape Plan Freaeeelula.wne Me BT✓11/15 269n °i®°�y°' Eden Pr MN 55344 Eden Prairie,Minnesota L CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: VIII.H. Robert Ellis Institution Community Work Crew Public Works Agreement Requested Action Move to: Approve the Institution Community Work Crew Agreement. Synopsis Annual agreement for labor assistant provided by the Minnesota Department of Corrections through the Institution Community Work Crew (ICWC)program from July 1, 2015, through June 30, 2017, at a cost of$126,244. The types of tasks ICWC members perform are related to street,park and utility maintenance. This program helps provide offender crew members with valuable job skills and experience, while allowing the city to keep maintenance costs of our infrastructure low. Background Information Each year, the city relies on labor assistance provided by the Minnesota Department of Corrections through the Institution Community Work Crew (ICWC)program. The types of tasks ICWC members perform are related to street,park and utility maintenance. ICWC members are supervised by a crew leader provided by the state. The ICWC program provides up to ten crew members and one crew leader for three days per week. Attachment Agreement Income Contract No. STATE OF MINNESOTA INCOME CONTRACT This contract is between the State of Minnesota,acting through its commissioner of corrections,Institution Community Work Crew Program("State"),and the City of Eden Prairie, 15150 Technology Drive,Eden Prairie, Minnesota 55344("Purchaser"). Recitals 1. Under Minn. Stat. §241.278 the State is empowered to enter into income contracts. 2. The Purchaser is in need of an Institution Community Work Crew(ICWC). 3. The State represents that it is duly qualified and agrees to provide the services described in this contract. Contract 1 Term of Contract 1.1 Effective date: July 1,2015,or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05,subdivision 2,whichever is later. 1.2 Expiration date:June 30,2017,or until all obligations have been satisfactorily fulfilled,whichever occurs first. 2 State's Duties The State will: A. Provide a supervisor crew leader(s)and up to ten(10)offender crewmembers that the crew leader will supervise during three(3) 10-hour work days per week, including the hours crew leaders spend for daily preparation,communication and travel. The crew leader will take directions as to the location and nature of the work to be completed on a given day as requested by the Purchaser's Authorized Representative or designee. B. Train each work crew in safety principles and techniques set forth by applicable federal, state and local agency requirements. Purchaser agrees that the state has the authority to refuse selected projects if it considers the projects beyond the skill level of the crewmembers and/or unsafe to perform. C. Provide required personal safety equipment and clothing needed for specific work. D. Screen projects to ensure that the appropriate staff are assigned. E. Submit reports to the Purchaser upon request within sixty (60) days of the end of each quarter. 3 Payment The Purchaser will pay the State for all services performed by the State under this contract as follows: Payment shall be made by the Purchaser to the State in the amount of thirty one thousand five hundred sixty-one and 00/100 dollars($31,561.00)on August 1,2015,thirty one thousand five hundred sixty-one and 00/100 dollars($31,561.00)on January 1,2016,thirty one thousand five hundred sixty-one and 000/100 dollars($31,561.00)on August 1,2016 and,thirty one thousand five hundred sixty-one and 000/100 dollars ($31,561.00) on January 1, 2017. Any overtime hours will be billed at the rate of sixty- seven and 50/100 dollars ($67.50 per hour). The total obligation of the Purchaser for all compensation and reimbursements to the State under this contract is one hundred twenty six thousand two hundred forty-four and 00/100 dollars($126,244.00),plus any additional overtime hours,as its share of the cost of providing a crew leader and placing the work crews into service on the ICWC Program during the term of this agreement. The Purchaser's share includes time scheduled for training,vacation, sick leave and holidays based on the terms and condition of the crew leaders AFSCME bargaining agreement. Revised 9/02 4 Authorized Representatives The State's Authorized Representative is Teny Byrne,District Supervisor,or his successor. The Purchaser's Authorized Representative is Bill Olmshenk, Supervisor,City of Eden Prairie,or his successor. 5 Amendments,Waiver,and Contract Complete 5.1 Amendments. Any amendment to this contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract,or their successors in office. 5.2 Waiver. If the State fails to enforce any provision of this contract,that failure does not waive the provision or its right to enforce it. 5.3 Contract Complete. This contract contains all negotiations and agreements between the State and the Purchaser. No other understanding regarding this contract,whether written or oral, may be used to bind either party. 6 Liability: Each party will be responsible for its own acts and behavior and the results thereof. The liability of each party is set out respectively in chapter 3.736 and Chapter 466.04 of the Minnesota Statutes and is subject to the limitations thereof. Nothing herein shall be construed to limit either party from asserting against third parties any defenses or immunities(including common law, statutory and constitutional)it may have or be construed to create a basis for a claim or suit when none would otherwise exist. This provision shall survive the termination of this Agreement. 7 Government Data Practices: The Purchaser agrees with respect to any data that it possesses regarding the services purchased under this contract, if applicable,to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. If the Purchaser receives a request to release the data referred to in this Clause,the Purchaser must immediately notify the State.The State will give the Purchaser instructions concerning the release of the data to the requesting party before the data is released. 8 Publicity Any publicity regarding the subject matter of this contract must not be released without prior written approval from the State's Authorized Representative. 9 Audit Under Minn. Stat. § 16C.05, subd. 5,the Purchaser's books,records,documents,and accounting procedures and practices relevant to this contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate,for a total of six years. 10 Governing Law,Jurisdiction,and Venue Minnesota law,without regard to its choice-of-law provisions,governs this contract.Venue for all legal proceedings out of this contract,or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota. 11 Termination Either party may terminate this agreement at any time,with or without cause,upon 30 days' written notice to the other party. Revised 9/02 1.PURCHASER The Purchaser certifies that the appropriate person(s) have executed the contract on behalf of the Purchaser as required by applicable articles,bylaws,resolutions, or ordinances. By Title Date By Title Date 2.STATE AGENCY With delegated authority By Title Date 3.Commissioner of Administration As delegated to Materials Management Division By Date -Distribution DOC Financial Services Unit—Original(fully executed)contract Purchaser State's Authorized Representative Budget Officer of Authorized Representative Department of Administration—Materials Management Division Revised 9/02 CITY COUNCIL AGENDA DATE: SECTION Consent Calendar June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 15-5906 ITEM NO.: VIII.I. Carter Schulze Receive Petition and Adopt resolution Public Works/Engineering authorizing preparation of a Feasibility Study for Utility Improvements to serve Lions Tap and its adjoining parcel Requested Action Move to: Receive petition and adopt a resolution authorizing preparation of a Feasibility Study for utility improvements to serve Lions Tap and its adjoining parcel. Synopsis A petition was received by the property owners of the Lions Tap requesting a City improvement project to include sanitary sewer and water service to the restaurant(commercial)property as well as the adjoining parcel. With less than 35% of the potential benefitting parcel owners named in the petition, the resolution may only be adopted by Council initiative and will require at least four affirmative votes to authorize the study. The feasibility study will review alternative alignments and options to serve these properties. Background Information The Metropolitan Council and City Council have previously approved serving the Lions Tap with City sewer and water service. It was anticipated during preliminary planning efforts to extend sewer and water from the existing water main and sanitary sewer lift station approximately 2,400-feet north on Spring Road. An alternative route was recently discussed with the property owner to extend service from Eden Prairie Road(where street and utility improvements are being studied). The feasibility study will provide an engineering analysis to determine the most feasible route for this service connection, the estimated project costs including right of way acquisition for possible utility access, and an assessment methodology. Related to this request for a feasibility study to serve Lions Tap and its adjoining parcel is the current ongoing feasibility study ordered by the Council on June 18, 2013. This study includes street and utility improvements on Eden Prairie Road from approximately Frederick Place to CSAH 61 (Flying Cloud Drive). If the recommended outcome of the Lions Tap feasibility study determines that the utility access to Eden Prairie Road is the most feasible option, the Lions Tap property(and adjoining parcel) could potentially be included in the Eden Prairie Road feasibility study and share in the special assessments. Attachments • Petition • Resolution Mar 19 2015 4: 17PM BONESTROO R 6516361311 P• 1 Stantec Consulting Services Inc, Sta ntec 2335 Highway 36 West,St.Paul MN 55113-3819 March 19, 2015 File: 193801459 Attention: City of Eden Prairie City Council C/C Rod Rue, P.E. 8080 Mitchell Road Eden Prairie, Minnesota 55344-4485 Dear Mayor Tyra-Lukens and Council Members, Reference: Transmittal of Petition for Local Improvement Attached to this letter is a petition for local improvement consisting of Sanitary Sewer and Watermain service.The Council previously approved the connection of the Lion's Tap property to the Metropolitan Sewer System and its connection to public water service. Previous discussions assumed the extension of sanitary sewer along, or within the Spring Road right of way.The cost of this long extension of a force main system was to be borne almost exclusively by the owners of the Lions' Tap, Bert and Bonnie Notermann.There could have been some potential reimbursement to the Notermanns if another property owner connected to this system at some future date. During a meeting with City Engineer, Rod Rue yesterday we learned about the feasibility report that is being prepared for the Eden Prairie Road connection to Flying Cloud Drive.We understand that this study includes both the realignment and reconstruction of the road,and the evaluation of benefitting properties associated with sanitary sewer and water service. While the issues will need to be carefully analyzed it appeared to everyone in attendance that it may well be more efficient and cost-effective to connect the Lions Tap and the residential portion of the Notermann property that is inside the MUSA to the Eden Prairie Road project. The Hennepin County Transportation Department is far enough along in the design of the Flying Cloud Drive improvement project to commit to the alignment and grades for Spring Road adjacent to the Lions Tap. This is the information we have been waiting for to proceed with detailed site plans and subdivision documents to process the necessary Site Plan Approval and Rezoning. Obviously those plans will need to anticipate and accommodate the necessary • grading, easements and other factors associated with the selected plan to serve the property. Design witn community In mind Mar 19 2015 4: 17PM BONESTR00 R 6516361311 P• 2 Mach 19,2015 City of Eden Prairie Page 2 of 2 Reference: Transmittal of Petition for Local Improvement We have studied the development opportunities and constraints associated with the development of both the Uons Tap and the residential portion of the Notermann property.We welcome the opportunity to share this information with the City and your consultant and to work together to find the best solutions for all concerned. Regards, STANTEC CONSULTING SERVICES INC. ohn W. Shardlow, FAICP Senior Principal Phone: (651)967-4560 Fox;(651)636-1311 J ohn Sh ardl ow@stontec.com Attachment: Petition for Local Improvement c. Bert and Bonnie Notermann Jack Perry,Briggs & Morgan PA Design wI1h community in mind • Mar 19 2015 4: 17PM BONESTROO R 6516361311 p. 3 CITY OF EDEN PRAIRIE,MINNESOTA PETITION FOR LOCAL IMPROVEMENT '% 1, ;t EDEN To The Eden Prairie City Council: PRAI RI E The undersigned property owners herein petition the Eden Prairie City Council to consider ,•i,h, .r:I making the following described improvement(s): (General Location) X Sanitary Sewer 1 GP I ;'0 Fly,+, 4,/ovo/ 4r,'v� X Watermain '- Cmn.mr.du.,.J an/ re$,Wleot74 / /aa^c,.c./s Storm Sewer ¢# 4,4,1 //. c etc r•e!. i^ Street Paving ,De se r•;i0,17'o h teiCte..Att Curb&Gutter Other Street Address of Other Legal Description of Signatures of Petitioners Empetty to be Served (Must Be Property Owners) • ) (o t 7J 19 fire),e), G/o4. 12'✓Y' 14!f w l de sc pl/dippi dt G4 ed) / 4.411 'Y (For City Use) Date Received Project No. Council Consideration Mar 19 2015 4: 17PM BONESTROO R 6516361311 p. 4 EXHIBIT A Area to be guided Neighborhood Commercial: Lot I, Block 1,SPRING HEIGHTS,according to the recorded plat thereof,Hennepin County,Minnesota. TOGETHER WITH that part of Lot 2,Block 1,SPRING HEIGHTS,according to the recorded plat thereof, Hennepin County, Minnesota,described as follows:Beginning at the most northerly corner of Lot 1,Block 1,said plat of SPRING HEIGHTS,thereof;thence South 49 degrees 00 minutes 17 seconds East,assumed bearing along the northeast line of said Lot I,a distance of 98.15 feet to the easterly line of said Lot 2; thenceNorth 39 degrees 56 minutes 37 seconds East along said easterly line of Lott,a distance of 139,79 feet;thence North 89 degrees 40 minutes 58 seconds West,75.27 feet;thence South 63 degrees 59 minutes 43 seconds West,98.54 feet to the point of beginning. TOGETHER WITH that part of Lot 2,Block 1, SPRING HEIGHTS,according to the recorded plat thereof, Hennepin County, Minnesota,described as follows:Commencing at the most northerly corner of Lot 1, Block 1,Hennepin County, Minnesota;thence South 63 degrees 59 minutes 43 seconds West,assumed bearing along the northwesterly line of said Lot I,Block I,a distance of 175.62 feet to the point of beginning;thence continuing South 63 degrees 59 minutes 43 seconds along said northwesterly line,21,38 feet;thence North 87 degrees 59 minutes 43 seconds West,along the northerly line of said Lot 1,a distance of 140.00 feet;thence South 30 degrees 59 minutes 43 seconds West,along the northerly line of said Lot 1, a distance of 65.16 feet;thence North 89 degrees 00 minutes 39 seconds West,along the northerly line of said Lot ],Block 1, a distance of 26.76 feet;thence North 09 degrees 01 minutes 10 seconds East, 103.21 feet;thence South 80 degrees 58 minutes 50 seconds East,205.81 feet to the point of beginning. TOGETHER WITH that part of the Southeast Quarter of Section 29,Township 116,Range 22,and that part of the Northeast Quarter of Section 32,Township 116,Range 22,all of said Hennepin County, Minnesota,described as follows: Beginning at the southeast corner of Lot 1,Block 1,according to the recorded plat thereof,Hennepin County,Minnesota;thence North 39 degrees 56 minutes 37 seconds East, assumed bearing along the easterly line of said I.ot I and Lot 2,of said plat,a distance of394.32 feet; thence northeasterly along said easterly line of said Lot 2,a distance of 72.09 feet along a tangential curve concave the northwest having a radius of 318.12 feet and central angle of 12 degrees 59 minutes 03 seconds to a point of cusp;thence southerly 341.22 feet along a tangential curve concave to the southeast having a radius of 2065.00 feet, central angle of 9 degrees 28 minutes 03 seconds and a chord bearing of South 22 degrees 13 minutes 33 seconds West;thence South 17 degrees 29 minutes 3 t seconds West,tangent to last described curve,43.97 feet;thence South 59 degrees 22 minutes 16 seconds West,40.22 feet;thence North 82 degrees 14 minutes 40 seconds West, 1 16.99 feet to the point of beginning, Area to be guided Rural Residential: Lot 2,Block 1,SPRING HEIGHTS, according the recorded plat thereof,Hennepin County, Minnesota, EXCEPT that part of Lot 2,Block 1,SPRING HEIGHTS,according to the recorded plat thereof,Hennepin County,Minnesota,described as follows: Beginning al the most northerly corner of Lot I,Block 1,said plat of SPRING HEIGHTS,thereof;thence South 49 degrees 00 minutes 17 seconds East,assumed bearing along the northeast line of said Lot 1,a distance of 98.15 feet to the easterly line of said Lot 2;thence North 39 degrees 56 minutes 37 seconds East along said easterly line of Lot 2,a distance of 139.79 feet;thence North 89 degrees 40 minutes 58 seconds West,75.27 feet;thence South 63 degrees 59 minutes 43 seconds West,98.54 feet to the point of beginning, ALSO EXCEPTING that part of Lot 2,Block 1, SPRING HEIGHTS,according to the recorded plat thereof,Hennepin County,Minnesota,described as follows: Commencing at the most northerly corner of Lot 1, Block 1,Hennepin County,Minnesota;thence South 63 degrees 59 minutes 43 seconds West, assumed bearing along the northwesterly line of said Lot 1,Block I,a distance of 175.62 feet to the point of beginning; thence continuing South 63 degrees 59 minutes 43 seconds along said northwesterly line, 21.38 feet;thence North 87 degrees 59 minutes 43 seconds West,along the northerly line of said Lot 1,a distance of 140.00 feet;thence South 30 degrees 59 minutes 43 seconds West,along the northerly line of Mar 19 2015 4: 19PM BONESTROO R 6516361311 P. 5 said Lot 1,a distance of 65.16 feet;thence North 89 degrees 00 minutes 39 seconds West,along the northerly line of said Lot I,Block 1, a distance of 26.76 feet;thence North 09 degrees 01 minutes 10 seconds east, 103,21 feet; thence South 80 degrees 58 minutes 50 seconds East,205.81 feet to the point of beginning. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2015- RESOLUTION ORDERING FEASIBILITY STUDY FOR UTILITY IMPROVEMENTS TO SERVE LIONS TAP AND ITS ADJOINING PARCEL WHEREAS, it is proposed to make the following improvements: I.C. 15-5906: Utility improvements including sanitary sewer and water service to serve the Lions Tap and adjoining parcel at the northwest corner of CSAH 4 (Spring Road) and CSAH 61 (Flying Cloud Drive) and assess the benefited properties for all or a portion of the cost of the improvements, pursuant to Minnesota State Statutes,Chapter 429. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on June 16, 2015. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 13-5843 ITEM NO.: VIII.J. Leslie Stowing Approve submittal of the Annual Report Engineering/Environmental to the MPCA for the Phase II NPDES Storm Water Permit Program Requested Action Move to: Approve submittal of the Annual Report to the Minnesota Pollution Control Agency for the Phase II NPDES Storm Water Permit Program. Synopsis The City of Eden Prairie is required to submit an Annual Report to the Minnesota Pollution Control Agency(MPCA) documenting how the City progressed on the Best Management Practices (BMPs) outlined in our Storm Water Pollution Prevention Plan(SWPPP). Background Information The City's Phase II NPDES Permit was renewed in 2013. The City's application included a SWPPP Document with a set of Best Management Practices (BMPs) which the City must undertake to assist in improving water quality within the City. The Annual Report provides the MPCA with the actions that the City took during the previous year to meet the goals outlined in our BMPs. The MPCA has switched to an online reporting mechanism for the annual reports. There are a large variety of actions the city must take to meet their obligations under the stormwater permit program. Actions taken in 2014 to meet these objectives included items such as: • Annual Public Meeting — The meeting was held on March 21, 2015, during the Chamber of Commerce Yard, Garden &Everything Expo. It is estimated that over 1,700 visitors attended. • Chamber of Commerce Yard & Garden Expo—Worked with the Chamber to add environmental messages to the Expo. The City sponsored a children's activity area as a way to add these messages to the event. Over 250 kids stopped at the children's activity area. The City helped advertise the event by inserting a flyer in the January, February and March utility bills. • Citizen Assisted Monitoring Program—Volunteers monitored Duck, Mitchell and Riley Lakes. • City Clean Up Day—Approximately 1,670 residents attended and dropped off 140 tons of trash plus yard waste. • Compost Bin&Rain Barrel Sales Event—Worked with Hennepin County and the Recycling Association of Minnesota to promote distribution events held that were held during the spring. • Conservation Commission—The Commission held a number of discussions, including the Local Water Management Plan Update, Green Fair, goose management program, stormwater permit program requirements and types of programming to provide at the Chamber of Commerce Yard, Garden & Everything Expo. • Environmental Learning Center — 71 classes or groups toured the Center and a home school group continued to use the Center for providing environmental chemistry classes. • Living Green Newsletter— The Living Green newsletter was provided as an insert in the Life in the Prairie newsletter in June and December, which is mailed to city residents. The newsletters included articles on a range of topics, including the annual drinking water report, recycling, watershed monitoring efforts, aquatic invasive species, planning for no-waste holidays, water conserving landscapes, shallow lake management, and snow and ice care. • Lake Projects —Worked continued with the Riley-Purgatory-Bluff Creek Watershed District to manage carp in Staring Lake and preparation of vegetation management plans for Red Rock and Mitchell Lakes. The District also provided grants to conduct harvesting of invasive curly leaf pondweed in Red Rock and Mitchell Lakes and to implement a watercraft inspection program on city lakes with boat landings. • Life in the Prairie— The City newsletter included articles on topics such as the community drop off day, upcoming workshop opportunities, city rebates, America Recycles Day and others. • Metro Children's Water Festival — Participated in this annual educational festival which provides educational opportunities to approximately 1,500 fifth grade students on one day in September. The Festival is designed to provide students with hands-on opportunities to learn about water and its importance to people and the natural environment. • Municipal Cities Stormwater Coalition — Participated in the coalition of cities that are required to have a Stormwater Permit by the Pollution Control Agency. This group provides information to cities on items such as annual report requirements, upcoming legislative changes and general information on the stormwater permit program and how it impacts city programs. • Report Requirements — Began work on the Facilities Inventory, Illicit Discharge & Detection, Emergency Response Procedures, Source Water Protection and Stormwater Pollution Prevention Plan reports. • Stormwater Inspections—Inspected 173 ponds and wetlands; 116 inlets; and 703 sumps. • Stormwater U—Three city staff passed a new certification program offered by the University of Minnesota Extension on stormwater maintenance practices. This program was jointly developed with city staff from Eden Prairie and others. • Street Sweeping—All City streets are swept at a minimum of once annually. • Water Quality Rebates — Provided ten rebates for infiltration projects (such as raingardens), pervious surfaces and shoreland restoration projects. • Wetland Health Evaluation Program—Nine volunteers monitored 5 wetlands. • Workshops —Worked with the Riley-Purgatory-Bluff and Nine Mile Creek Watershed Districts to provide workshops on shallow lakes, invasive species management, landscaping with native plants and Project NEMO. Attachment Annual Report Form MS4 Annual Report for 2014 Copy of Questions NOT FOR SUBMITTAL illw.. Minnesota Pollution Control Agency MS4 Annual Report for 2014 Reporting period: January 1 , 2014 to December 31, 2014 It. A. Due: June 30, 2015 dcl Instructions: Complete this annual report to provide a summ.ry ou tivities under the 2013 MS4 Permit (Permit) between January 1, 2014 and December 0 You may provide additional explanation and/or information in an email with the subject Your - ' a Here_2014AR to ms4permitprogram.pca@state.mn.us. MPCA staff may also conta y•• for additional information. Questions: Contact Cole Landgraf (651-757-28804le. nd f@state.mn.us) or Rachel Stangl (651-757-2879, rachel.stangl@state.mn.us). \' MS4 General Contact Infor ' n 11111) Information to provide: Last e, e, Title, Mailing address, City, State, Zip code, Phone, Email. k. MCM 1 : Public Education and Outreach The following questions refer to Part III.D.1 . of the Permit. 2. Did you select a stormwater-related issue of high priority to be emphasized during this permit term? [Part III.D.1.a.(1)] Yes, No 3. Ike?' what is your stormwater-related issue(s)? Check all that apply. TMDLs, Local Businesses, Residential BMPs, Pet waste, Yard waste, Deicing materials, Household chemicals, Construction Activities, Post-construction activities, Other: describe. 4. Did you begin to educate the public on illicit discharge recognition and reporting? [Part III.D.1.a.(2)] Yes, No 5. How did you distribute educational materials or equivalent outreach? Check all that apply and provide circulation/audience associated with each item. [Part III.D.1.a.] Brochure, Newsletter, Utility bill insert, Newspaper ad, Radio ad, Television ad, Cable access channel, Stormwater- related event, School presentation or project, Website, Other: describe. 6. For the above checked in Q5, what is the intended audience? Check all that apply. Residents, Local Businesses, Developers, Students, Employees, Other. 7. For the above checked in Q5, enter the total circulation/audience (if unknown, use best estimate) For questions 8 and 9, provide a brief description of each activity related to public education and outreach (e.g. rain garden workshop, school presentation, public works open house) held and the date each activity was held from January 1, 2014 to December 31, 2014. [Part I II.D.1 .c.(44 8. Date of activity 9. Description of activity 10. Between January 1, 2014 and December 31 , 2014, did you modify your BMPs, measurable goals, or future plans for your public education and outreach progr ? [Part IV.B.] Yes, No If `Yes,' describe these modifications. MCM 2: Public Participation/Involvement The following questions refer to Part III.D.2.SILPermit. 11. You must provide a minimum of one opportunity each year for the public to provide input on the adequacy of your Stormwater Pollution Prevention Program (SWPPP). Did you provide this opportunity between January 1, 201 nd December 31, 2014? [Part III.D.2.a.(1)] Yes, No 12. If `Yes,' What was the opportun th you prWed? Check all that apply. Public meeting, Public event, Other. 13. If `Public meeting,' did you hold a stand-alone meeting or combine it with another event? Stand-alone, Combined Enter the date of the public meeting. E the number of citizens that attended and were informed about your SWPPP. 14. If `Public t' i 12, describe. Ent e of the public meeting. Enter number of citizens that attended and were informed about your SWPPP. 15. If `Other in Q12, describe. Enter the date of the public meeting. Enter the number of citizens that attended and were informed about your SWPPP. 16. Between January 1, 2014 and December 31 , 2014, did you receive any input regarding your SWPPP? Yes, No Enter the total number of individuals or organizations that provided comments on your SWPPP. Page 2 of 9 17. If 'Yes' in Q16, did you modify your SWPPP as a result of written input received? [Part III.D.2.b.(2)] Yes, No If 'Yes' in Q17, describe those modifications. 18. Between January 1, 2014 and December 31 , 2014, did you modify your BMPs, measurable goals, or future plans for your public participation/involvement program? [Part IV.B.] Yes, No If `Yes,' describe those modifications. MCM 3: Illicit Discharge Detection and Elimination The following questions refer to Part III.D.3. of the Permit. Sk 19. Between January 1, 2014 and December 31 , 2014, did you update ywr regulatory mechanism(s) which prohibits non-stormwater discharges to your MS4? Yes, o 20. Between January 1, 2014 and December 31 , 2014, what was�he status of this regulatory mechanism(s)? Not yet started, Research, Develo t, CliCrst regulatory mechanism sufficient. Optional, describe status. 21. Did you identify any illicit discharges betwe„c Ja r 2014 and December 31 , 2014? [Part III.D.3.h.(4)] Yes, No IL 22. If 'Yes' in Q21, enter the number of illiciyscharges detected. 23. If 'Yes' in Q21, how did you di v these illicit discharges? Check all that apply and enter the number of illicit discharges disc r by each category. Public complaint, Staff 24. If `Public complaint' in 3, en r t umber discovered by the public. 25. If `Staff in Q23, enter the n ber discovered by staff. 26. Did any of the discovered illicit discharges result in an enforcement action (this includes verbal warnings ?7Ya, No 27. If 'Yes Q2 , what type of enforcement action(s) was taken and how many of each action were issued between January 1, 2014 and December 31, 2014? Check all that apply. Verbal warning, Notice of violation, Fines, Criminal action, Civil penalties, Other: describe. For each of the above checked, enter the number that were issued. 28. If 'Yes' in Q26, did the enforcement action(s) taken sufficiently address the illicit discharge(s)? Yes, No 29. If 'No' in Q28, why was the enforcement not sufficient to address the illicit discharge(s)? 30. Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your illicit discharge regulatory mechanism(s)? [Part III.B.] Yes, No Page 3 of 9 31. If 'No' in Q30, Between January 1, 2014 and December 31, 2014, what was the status of your ERPs? Not yet started, Research, Development. Optional, describe status. 32. Did you train all field staff in illicit discharge recognition (including conditions which could cause illicit discharges) and reporting illicit discharges for further investigations? [Part III.D.3.e.] Yes, No 33. If `Yes' in Q32, how did you train your field staff? Check all that apply. Email, PowerPoint, Presentation, Video, Field Training, Other: describe. The following questions refer to Part III.C.1 . of the Permit. 4P‘ It 34. Did you update your storm sewer system map between January 14 and December 31, 2014? [Part III.C.1.] Yes, No ` 35. Does your storm sewer map include all pipes 12 inches or greater in diameter and the direction of stormwater flow in those pipes? [Part I I I.C.1.a.] Yes, N 36. Does your storm sewer map include outfalls, inci . u ntification (ID) number and an associated geographic coordinate? [Part III.0 .b. k o 37. Does your storm sewer map include all str ural r lith BMPs that are part of your MS4? [Part III.C.1 .c.] Yes, No illi 38. Does your storm sewer map include all receiving waters? [Part III.C.1.d.] Yes, No 39. In what format is your storm sewermap available? Hardcopy only, GIS, CAD, Other: describe. 40. Between January 1, 2014 and December 31, 2014, did you modify your BMPs, measurable goals, or future plans for your illi 't discharge detection and elimination (IDDE) program? [Part IV.B.] Yes, No o ,_ If `Ye ,' describOth difications. MCM 4: uction Site Stormwater Runoff Control The following q stions refer to Part III.D.4. of the Permit. 41. bitween January 1, 2014 and December 31 , 2014, did you update your regulatory mechanism to be at least as stringent as the Agency's general permit to Discharge Stormwater Associated with Construction Activity (CSW Permit) No. MN R100001 (http://www.pca.state.mn.us/index.php/view-document.html?gid=18984) for erosion and sediment controls and waste controls? [Part III.D.4.a.] Yes, No Page 4 of 9 42. If no in Q41, Between January 1, 2014 and December 31, 2014, what was the status of this regulatory mechanism? Not yet started, Research, Development, Current regulatory mechanism sufficient. Optional, describe status. 43. Have you developed written procedures for site plan reviews as required by the Permit? [Part III.D.4.b.] Yes, No 44. Have you documented each site plan review as required by the Permit? [Part III.D.4.f.] Yes, No 45. Enter the number of site plan reviews conducted for sites an acre or greater between January 1, 2014 and December 31, 2014: 46. What types of enforcement actions do you have available to compel pliance with your regulatory mechanism? Check all that apply and enter the number of eh used from January 1, 2014 to December 31, 2014. Verbal warnings, Notice of violatiot Administrative orders, Stop-work orders, Fines, Forfeit of security of bond money, Wi holding of certificate of occupancy, Criminal actions, Civil penalties, Other: describe. For each of the above checked, enter the number of enforcement actions issued. 47. Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your construction site stormwater runoff control regulatory mechanism(s)? [Part III.B.] Yes, No 48. If No in Q47, Between January 1, 2014 and December 31, 2014, what was the status of your ERPs? Not yet started, Research, Development Optional: describe sta 49. Enter the number of active cons c sites a acre or greater that were in your jurisdiction between January 1, 201 nd De b , 2014. 50. Do you have writteroce res fode ifying priority sites? [Part III.D.4.d.(1)] Yes, No 51. If Yes in Q50, How are sites prioritized? Check all that apply. Site topography, Soil ys6 character" , Types of receiving water(s), Stage of construction, Compliance history, Weathe on ns, Other: describe. 52. Do yo ave a ecklist or other written means to document site inspections when determining compliance? [Part III.D.4.d.(4)] Yes, No IW53. the number of site inspections conducted for sites an acre or greater between January 1, 20 and December 31, 2014. 54. Enter the frequency at which site inspections are conducted (e.g. daily, weekly, monthly). [Part III.D.4.d.(2)] 55. Enter the number of trained inspectors that were available for construction site inspections between January 1 , 2014 and December 31, 2014. Page 5 of 9 56. Provide the contact information for the inspector(s) and/or organization that conducts construction stormwater inspections for your MS4. List your primary construction stormwater contact first if you have multiple inspectors. Information to provide: Inspector name, Organization, Phone (Office), Phone (Work cell), Email, Preferred contact method. 57. What training did inspectors receive? Check all that apply. University of Minnesota Erosion and Stormwater Management Certification Program, Qualified Compliance Inspector of Stormwater(QCIS), Minnesota Laborers Training Center Stormwater Pollution Prevention Plan Installer or Supervisor, Minnesota Utility Contractors Association Erosion Control Training, Certified Professional in Erosion and Sediment Control (CPESC),ICertified Professional in Stormwater Quality (CPSWQ), Certified Erosion, ShclfinenVI Storm Water Inspector(CESSWI), Other: describe. �/ 58. Between January 1, 2014 and December 31 , 2014, did you modify your BMPs, measurable goals, or future plans for your construction site stormwater runoff control program? [Part IV.B.] Yes, No If `Yes,' describe those modifications. MCM 5: Post-Construction Stormwater Management The following questions refer to Part III.D. oiNhe ermit. 59. Between January 1, 2014 and December 31, 2014, d pdate your regulatory mechanism(s) to incorporate all requirements as specified i rt II . .5.a. of the Permit? Yes, No 60. If No in Q59, Between January 1 2014NIFIAkm er 31, 2014, what was the status of this regulatory mechanism? Not yrstarted, Research, Development, Current regulatory mechanism sufficient. Optional: describe statul. 61. What approach are you using, or planning to use, to meet the performance standard for Volume, Total Suspended Solids (TSS), and Total Phosphorus (TP) as required by the permit? [Part III.D.5.a.(2)] Check all that apply. Refer to the link http://www.pca.state.mn.us/index.php/view- document.html?gid=17815 for guidance on stormwater management approaches. Retain a runoff volume equal to one inch times the area of the proposed increase of impervious surfaces on-site, Retain the post-construction runoff volume on site for the 95th percentile storm, Match the pre-development runoff conditions, Adopt the Minimal Impact Design Standards (MIDS), An approach has not been selected, Other methods (Must be technically defensible—e.g. based on modeling, research and acceptable engineering practices). If `Other methods,' describe. 62. Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your post-construction stormwater management regulatory mechanism(s)? [Part III.B.] Yes, No 63. If no in Q62, Between January 1, 2014 and December 31, 2014, what was the status of your ERPs? Not yet started, Research, Development. Optional: describe status. Page 6 of 9 64. Between January 1, 2014 and December 31 , 2014, did you modify your BMPs, measurable goals, or future plans for your post-construction stormwater management program? [Part IV.B.] Yes, No If `Yes,' describe those modifications. MCM 6: Pollution Prevention/Good Housekeeping for Municipal Operations The following questions refer to Part III.D.6. of the Permit. 65. Enter the total number of structural stormwater BMPs, outfalls (excluding underground outfalls), and ponds within your MS4 (exclude privately owned). 66. Enter the number of structural stormwater BMPs, outfalls (excluding underground outfalls), and ponds that were inspected from January 1, 2014 to December 31, 2014 within your MS4 (exclude privately owned). [Part III.D.6.e.] 67. Have you developed an alternative inspection frequency f an t al stormwater BMPs, as allowed in Part III.D.6.e.(1) of the Permit? Yes, No X 68. Based on inspection findings, did you conduct any main enance on any structural stormwater BMPs? [Part III.D.6.e.(1)] Yes, No 69. If 'Yes' in Q68, briefly describe the maintenance that was conducted. 70. Do you own or operate any stockpiles, and/or storage and material handling areas? [Part III.D.6.e.(3)] Yes, No 71. If 'Yes' in Q70, did you inspe I ck and storage and material handling areas quarterly? [Part III.D.6.e.(3)] Yes, No 72. If 'Yes' in Q71, based on inspectio indings, did you conduct maintenance at any of the stockpiles and/or storage and material handling areas? Yes, No 73. If 'Yes' i 72, briefly describe the maintenance that was conducted 74. Betwe Jan y 1 , 2014 and December 31, 2014, did you modify your BMPs, measurable goals, or future plans for your pollution prevention/good housekeeping for municipal operations g ?'[Part IV.B.] Yes, No `Vrs,' describe those modifications. Page 7 of 9 Discharges to Impaired Waters with a USEPA-Approved TMDL that Includes an Applicable WLA If you have been assigned a Waste Load Allocation (WLA) in a Total Maximum Daily Load (TMDL) that was approved by the USEPA prior to August 1, 2013, and were not meeting WLA(s) at the time of your permit application, you must complete the TMDL Annual Report Form, available at: http://stormwater.pca.state.mn.us/index.php/Forms and guidance for TMDLs. Attach your completed TMDL Annual report form to the actual Annual Report as instructed within that document. [Part III.E.] 76. question blank to attach file \N.- Alum or Ferric Chloride Phosphorus Treatment Sys The following questions refer to Part III.F.3.a. of the Permit. Provide the information below as it pertains to your alum or ferric chloride phosphorus treatment system. 77. Date(s) of operation 78. Chemical(s) used for treatment 79. Gallons of alum or ferric chloride treatme NMI 80. Gallons of water treated 11111c)11%- 81. Calculated pounds of hosphorus removed 82. Any performance i es a\orrective action(s), including date(s) when corrective action(s) were taken, between Janu , 2014 and December 31 , 2014. Partnerships 83. Did you rel on a other regulated MS4s to satisfy one or more permit requirements? Yes, No NI84. e \83, describe the agreements you have with other regulated MS4s and which permit requirements the other regulated MS4s help satisfy: [Part IV.B.6.] Page 8 of 9 Additional Information If you would like to provide any additional files to accompany your annual report, use the space below to upload those files. For each space, you may attach one file. 85. question left blank to attach file 86. question left blank to attach file 87. question left blank to attach file 88. Optional, describe the file(s) uploaded. Owner or Operator Certification The person with overall administrative responsibility for SWPPP implementation and Permit compliance must certify this MS4 Annual Report. This person must be duly authorized and should be either a principal executive (i.e., Director of Public Works, City Administrator) or ranking elected official (i.e., Mayor, Township Supervisor). I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete (Minn. R. 7001 .0070). I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment (Minn. R. 7001 .0540). ❑Yes By typing my name in the following box, I certify the above statements to be true and correct, to the best of my knowledge, and that information can be used for the purpose of processing my MS4 Annual Report. Name Title Date Page 9 of 9 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 14-5886 ITEM NO.: VIII.K. Leslie Stovring Award Contract for Purgatory Creek Public Works/Engineering Stabilization Project to Minnesota Native Landscapes Requested Action Move to: Award Contract for Stabilization of a three sections of Purgatory Creek to Minnesota Native Landscapes in the amount of$45,985. Synopsis Quotes were received on Thursday, May 28, 2015 for a Creek Bank Repair project for a three sections of Purgatory Creek within the Lower Minnesota River Watershed District(LMRWD). The cost of the project will be paid out of the stormwater utility fund; however the project will be submitted for FEMA reimbursement. The lowest quote was 25% less than the engineer's estimate of$61,715. Five quotes were received and are tabulated as follows: Minnesota Native Landscapes $45,985.00 Sunram Construction $63,845.00 G.F. Jedlicki $68,260.00 Rachel Contracting, Inc. $69,245.00 Peterson Companies $76,677.88 Background Information This project is to stabilize three sections of previously repaired areas of Purgatory Creek that were damaged by the 2014 storm events. The flooding contributed to additional erosion of portions of the creek south of Riverview Road. This project will repair the erosion and stabilize the creek bank. The stabilization will include: • Installation of field stone rip-rap in areas where an armoring of the creek banks is necessary. • Construction of stream barbs to direct and slow creek flow. • Site restoration with a native seed mix. Plans have been submitted to the Minnesota Dept. of Natural Resources and U.S. Army Corps of Engineers and permit extensions will be granted for the project. The work is expected to be completed later this summer or early fall, during low-flow conditions. Attachment Contractor Recommendation v*. WENCK ASSOCIATES Responsive partner. Exceptional outcomes. May 28, 2015 Ms. Leslie Stovring Environmental Coordinator 8080 Mitchell Road Eden Prairie, MN 55344-2230 RE: Purgatory Creek Bank Repairs, City Project No. 14-5886, Contractor Recommendation Dear Ms. Stovring: I reviewed the five bids received for this project following the bid opening on Thursday, May 28, 2015, at 10:00AM, at the City of Eden Prairie Council Chambers. The low bidder is Minnesota Native Landscapes, Inc. at $45,985.00. The Engineer's estimate for this project is $61,715.00. There are no math errors in the bid, and the unit prices are within an acceptable range. I have personal experience working with MNL over many years. They are an honest firm capable of doing this work. My most recent experience with MNL was a ravine stabilization for the City of Chanhassen that was constructed during the winter of 2014/15, and a stream bank stabilization in Coon Rapids for the Coon Creek Watershed District that was constructed in March, 2015. Both projects were completed on time and according to the plans and specifications. I recommend that the City of Eden Prairie award Minnesota Native Landscape, Inc. the Purgatory Creek Bank Repairs, City Project No. 14-5886. Sincerely, Ed Matthiesen, P.E. Principal, Wenck Associates, Inc. Wenck Associates, Inc. I 1800 Pioneer Creek Center I P.O. Box 249 I Maple Plain, MN 55359-0249 Toll Free 800-472-2232 Main 763-479-4200 Email wenckmp@wenck.com Web wenck.com CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 14-5876 ITEM NO.: VIII.L. Mary Krause Award Contract to Valley-Rich Co., Inc. Public Works/Engineering for Antlers Ridge Trail Drainage Improvements Requested Action Move to: Award contract to Valley-Rich Co., Inc. for Antlers Ridge Trail drainage improvements in the amount of$81,555. Synopsis Quotes were received on Thursday, May 28, 2015 for trail drainage improvements located adjacent to 10208 Antlers Ridge and 10216 Antlers Ridge. The cost of the project will be paid for out of the stormwater utility fund. The engineering estimate was $75,250. Three quotes were received and are tabulated as follows: Valley-Rich Co., Inc. $81,555.00 Minger Construction Co., Inc. $107,026.20 Burschville Construction, Inc. $127,445.00 Background Information A public bituminous trail lies within an Outlot owned by the City adjacent to 10208 and 10216 Antlers Ridge. Storm water run-off from the trail has created drainage issues within the rear yard area of 10208 Antlers Ridge. The project will remove the existing trail, regrade the adjacent areas and install storm sewer piping that will re-direct the storm water into the storm sewer system in the street. Attachments Recommendation of Award Quote Tab I I Engineering Surveying '7 Landscape Architecture June 2,20-15 Mr, Randy Slick City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Quotes for Drainage Improvements at Antlers Ridge Trail Dear Mr.Slick, Quotes were received and opened at 12:00 p.m. on Thursday, May 28, 2015, for the above referenced project. The quotes are shown on the attached Summary of Quotes and Tabulation. The Engineer's Estimate for this project was $75,250.00. The low quoter, Valley-Rich Co., Inc., came in 8% above the Engineer's Estimate with a quote of$81,555.00, Recommendation is made that the City Council award the above referenced project to Valley-Rich Co., Inc. in the amount of $81,555.00. This recommendation considers that the City Council reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Respectfully, Hansen Thorp Pellinen Olson, Inc. Adam Pawelk,P,E. Design Engineer 7510 Market PIaCe Drive Enclosures: Eden Prairie, MN 55344 Summary of Quotes 952-829-0700 952-829-7806 fax Quote Tabulation www.htpo.com HANSEN THORP PELLINEN OLSON, INC. City of Eden Prairie QUOTE TABULATION Hansen Thorp Pellinen Olson,Inc.(HTPO) Drainge Improvements at Antlers Ridge-Project 14-5876 Project No.14-066 1 Engineer's Estimate Valley-Rich Co.,Inc. Minger Construction Co.,Inc. Burschville Construction,Inc. ITEM UNIT UNIT UNIT UNIT No. DESCRIPTION UNIT QUANTITY PRICE EXTENSION PRICE EXTENSION PRICE EXTENSION PRICE EXTENSION 1 Mobilization Lump Sum 1 $ 5,000.00 $ 5,000.00 $2,700.00 $2,700.00 $9,500.00 $9,500.00 $15,000.00 $15,000.00 2 Tree Removal Each 15 $ 300.00 $ 4,500.00 $750.00 $11,250.00 $1,400.00 $21,000.00 $1,800.00 $27,000.00 3 Remove Bituminous Pavement S.Y. 260 $ 8.00 $ 2,080.00 $10.00 $2,600.00 $13.10 $3,406.00 $10.00 $2,600.00 4 Remove Wood Retaining Wall Lump Sum 1 $ 1,000.00 $ 1,000.00 $1,500.00 $1,500.00 $920.00 $920.00 $1,500.00 $1,500.00 5 Remove Curb and Gutter L.F. 80 $ 7.00 $ 560.00 $10.00 $800.00 $7.70 $616.00 $10.00 $800.00 6 Salvage and Replace Wood Fence L.F. 50 $ 25.00 $ 1,250.00 $60.00 $3,000.00 $56.00 $2,800.00 $75.00 $3,750.00 7 Tree Protection Fence L.F. 90 $ 2.50 $ 225.00 $5.00 $450.00 $1.10 $99.00 $5.00 $450.00 8 Common Excavation Lump Sum 1 $ 5,000.00 $ 5,000.00 _ $4,000.00 $4,000.00 $5,675.00 $5,675.00 $4,000.00 $4,000.00 9 Common Borrow(CV) C.Y. 80 $ 30.00 $ 2,400.00 _ $50.00 $4,000.00 $16.30 $1,304.00 $30.00 $2,400.00 10 Topsoil Borrow(LV) C.Y. 30 $ 35.00 $ 1,050.00 _ $50.00 $1,500.00 $52.00 $1,560.00 $60.00 $1,800.00 11 Bituminous Wear Course-SPWEA240B I Ton 27 $ 200.00 $ 5,400.00 $180.00 $4,860.00 $170.00 $4,590.00 $200.00 $5,400.00 12 Bituminous Base Course-SPNWB230B I Ton 13 $ 200.00 $ 2,600.00 $180.00 $2,340.00 $170.00 $2,210.00 $250.00 $3,250.00 13 Bituminous Tack Coat Gal 6 $ 20.00 $ 120.00 $10.00 $60.00 $11.20 $67.20 $10.00 $60.00 14 Class 5 Aggregate Base Ton 115 $ 35.00 $ 4,025.00 $25.00 $2,875.00 $40.60 $4,669.00 $35.00 $4,025.00 15 Class 2 Aggregate Limestone for Trail Ton 7 $ 50.00 $ 350.00 $30.00 $210.00 $70.00 $490.00 $100.00 $700.00 16 Concrete Mountable Curb and Gutter L.F. 80 $ 40.00 $ 3,200.00 $50.00 $4,000.00 $50.50 $4,040.00 $50.00 $4,000.00 _ 17 Concrete Walk S.Y. _ 15 $ 100.00 $ 1,500.00 _ $100.00 $1,500.00 $90.00 $1,350.00 $90.00 $1,350.00 _ 18 Truncated Domes S.F. _ 11 $ 40.00 $ 440.00 - $90.00 $990.00 $22.50 $247.50 $90.00 $990.00 19 27"Catch Basin Each 1 $ 2,500.00 $ 2,500.00 $1,600.00 $1,600.00 $1,610.00 $1,610.00 $3,000.00 $3,000.00 20 48"Catch Basin/Manhole(0'to 8') Each 2 $ 3,500.00 $ 7,000.00 $2,200.00 $4,400.00 $5,080.00 $10,160.00 $7,000.00 $14,000.00 21 Extra Depth Manhole(>8') Vert.Ft. 7 $ 350.00 $ 2,450.00 $180.00 $1,260.00 $126.00 $882.00 $150.00 $1,050.00 22 8"Nyloplast Inline Drain Each 1 $ 1,500.00 $ 1,500.00 $1,000.00 $1,000.00 $830.00 $830.00 $2,750.00 $2,750.00 23 8"PVC SDR 26 Pipe L.F. 32 $ 30.00 $ 960.00 $65.00 $2,080.00 $62.00 $1,984.00 $65.00 $2,080.00 24 12"HDPE Storm Sewer L.F. 84 $ 50.00 $ 4,200.00 $70.00 $5,880.00 $65.00 $5,460.00 $65.00 $5,460.00 25 12"RCP Storm Sewer,Class V L.F. 88 $ 55.00 $ 4,840.00 $75.00 $6,600.00 $127.50 $11,220.00 $110.00 $9,680.00 26 Pipe Bedding(Binder Stone) Ton 10 $ 40.00 $ 400.00 $60.00 $600.00 $33.65 $336.50 $45.00 $450.00 _ 27 Inlet Protection Each _ 4 $ 250.00 $ 1,000.00 _ $300.00 $1,200.00 $145.00 $580.00 $350.00 $1,400.00 _ 28 Street Sweeping Hrs _ 4 $ 150.00 $ 600.00 _ $150.00 $600.00 $145.00 $580.00 $150.00 $600.00 29 Sediment Control Log(Straw Bioroll) L.F. _ 100 $ 6.00 $ 600.00 $5.00 $500.00 $3.90 $390.00 $6.00 $600.00 30 Sod S.Y. 600 $ 10.00 $ 6,000.00 $10.00 $6,000.00 $11.25 $6,750.00 $8.00 $4,800.00 31 Traffic Control Lump Sum 1 $ 2,500.00 $ 2,500.00 $1,200.00 $1,200.00 $1,700.00 $1,700.00 $2,500.00 $2,500.00 $ 75,250.00 $81,555.00 $107,026.20 $127,445.00 CITY COUNCIL AGENDA DATE: SECTION Consent Calendar June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 15-5902 ITEM NO.: VIII.M. Carter Schulze Approve Professional Services Agreement Public Works/Engineering with Short, Elliott, Hendrickson, Inc. for the Notermann Public Utility Feasibility Level Design Services Requested Action Move to: Approve the Professional Services Agreement with Short, Elliott, Hendrickson, Inc. for the Notermann Public Utility Feasibility Level Design Services in the amount of$26,180.82. Synopsis This agreement provides for feasibility level design services for a potential City improvement project to include sanitary sewer and water services to the Lions Tap restaurant(commercial) property as well as the adjoining parcel. The information resulting from this design will aid in the feasibility study to review alternative alignments and options to serve these properties. Background Information The Metropolitan Council and City Council have previously approved serving the Lions Tap with City sewer and water service. An engineering analysis is needed to determine the most feasible route for this service connection. The two options for this route are Spring Road and Eden Prairie Road. An Eden Prairie Road feasibility study is currently ongoing and depending on the outcome of this design and study, the Lions Tap property and adjoining parcel could potentially be included in the Eden Prairie Road feasibility study and share in the special assessments. Attachment Professional Services Agreement Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 16th day of June , 2015 between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Short, Elliott, Hendrickson, Inc, a Minnesota Consultant (hereinafter "Consultant") whose business address is 10901 Red Circle Dr, Suite 300, Minnetonka, MN, 55343. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for the Notermann Public Utility Feasibility Level Design Services hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A ( SEH Letter, and Task Hour Budget (THB) Dated June 9, 2015) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from June 17, 2015 through December 31, 2015, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $26,180.82 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. Standard Agreement for Professional Services 2014.04 Page 2 of 8 D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Christopher McKenzie, PE, to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. 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 Consultant 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 Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 9. Termination, This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the Standard Agreement for Professional Services 2014.04 Page 3 of 8 performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant 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 Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products —Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 Standard Agreement for Professional Services 2014.04 Page 4 of 8 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. I. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. Standard Agreement for Professional Services 2014.04 Page 5 of 8 n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: 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 Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them 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 Consultant, its agents, contractors and employees, or any negligent or intentional act or Standard Agreement for Professional Services 2014.04 Page 6 of 8 omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 14. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Standard Agreement for Professional Services 2014.04 Page 7 of 8 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME: ?off &lhv3Idemdric..14shi .yhc, • By: its: re,n Standard Agreement for Professional Services 2014.04 Page 8 of 8 Building a Better World for All of Us'" EXHIBIT A June 9,2015 RE: City of Eden Prairie Notermann Public Utility Feasibility Level Design Services SEH No.P-EDENP132612 10.00 Carter Schulze,P.E. City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 Dear Carter: Short Elliott Hendrickson Inc. (SEH)thanks you for the opportunity to assist the City of Eden Prairie(City) with the Notermann Public Utility Feasibility Level Design Services. Scope of ork We understand the City of Eden Prairie would like support from SEH to analyze the potential development of Notermann properties,near the Lion's Tap in Eden Prairie. Stantec previously completed a Study(Study)to connect to municipal utilities of water and sanitary sewer from the proposed development via Spring Road. The Spring Road option will be looked at, and connecting municipal utilities to the proposed Eden Prairie Road reconstruction on the bluff near Flying Cloud Drive. We have prepared a detailed Task Hour Budget(THB)based on our understanding of the project which contains footnotes of our key assumptions regarding the scope of our work. The following is a description of the proposed major tasks: Feasibility Level Design Services • Review previous Study • Develop alternatives to the Study to serve water and sanitary sewer to Eden Prairie Road • Sanitary sewer alternatives will include individual grinder pump systems, group grinder pumps, or a gravity system with a City lift station. • Assist the City to determine construction limits to Eden Prairie Road and affected property owners. • Opinion of Probable Costs for the Project. • Prepare a Technical Memorandum to summarize results of the Study to the different options of connecting to Eden Prairie Road. Compensation We will provide the services to the City as outlined in the enclosed Task Hour Budget(THB)within the project area for a not-to-exceed fee of$26,180.82. Our not-to-exceed fee includes reimbursable expenses. We will bill you monthly on an hourly basis for our labor and reimbursable expenses. We will only proceed with additional work following your authorization. 1 Engineers ( Architects I Planners I Scientists Short Elliott Hendrickson Inc.,10901 Red Circle Drive,Suite 300,Minnetonka,MN 55343-9302 SEH is an equal opportunity employer I www.sehinc.com I 952.912.2600 I 800.734.6757 I 888.908.8166 fax Carter Schulze,PE June 9, 2015 Page 2 Work shall be done in accordance with the City's Standard Agreement for Professional Services(Agreement). This proposal letter is an exhibit to that Agreement.A filled in and SEH signed copy of this document has been enclosed. Conclusion The Agreement,Exhibit A, and the THB represent the entire understanding between the City and us with regards to the project and may only be modified in writing signed by both of us. As always,we are looking forward to assisting the City with Feasibility design phase services for this project. If this letter satisfactorily defines our role in this project,please have City officials sign and date both Agreements and return one to me at the address shown on this letterhead. In the meantime,please contact me at 952.912.2607 or cmckenzie@sehinc.com sehinc.com with questions or comments. Sincerely, SHORT ELLIOTT HENDRICKSON INC. "2r � Christopher McKenzie,PE 4-- Project Manager Enclosures c: Paul Pasko, SEH(with all enclosures) Mike Ostendorf, SEH(with all enclosures) P:\AE\E\Edenp\132612\I-genl\10-setup-co nt\03-propo sal\Exhibit A proposal Itr.do cx (iq 6 SEH Task Hour Budget City of Eden Prairie Eden Prairie Road and Spring Road Noterrnann Public Utility Feasibility Level Design Services June 9,2015 ESTIMATED HOURS ESTIMATED PROTECT SENIOR WASTEWATER PROJECT SURVEY REGISIERED COST PROJECT TASKS MANAGER WASTEWATER ENGINEER ENGINEER CREW CHIEF SAND ADMIN TECH ENGINEER SURVEYOR 1.0 '' Data Collection(1)(3)(4) 1.1 Layout possible proposed housing development layout from Stantec plans and develop sanitary sewer drainage area map (2)(6) 3 3 3 10 1.2 Collect Lidar Contours 3 Subtotal Hours 3 3 3 13 22 Subtotal Labor Cost $326 $378 $236 $1,024 $1,964 2.0 Option 1,Serving water and sanitary sewer 16180 Flying Cloud Dr and property to the north on Spring Rd(1)(2) (5) 2.1 Collect Data from previous Stantec Study and cost estimate 2 2.2 Review Stantec Study(14) 6 3 3 2 Subtotal flours 8 3 3 2 : 16 Subtotal Labor Cost $869 $378 $236 $158i $1,641 3.0 Option 2,Serving water and sanitary sewer to the Noterntann Development to Eden Prairie Road(2)(5) (9)(22) 3.1 Develop Option 2 A:Proposed individual property grinder pump system 3.1.1 Layout grinder pump and forcemain system 1 2 4 2 3.1.2 Size grinder pump and forcemain system 1 2 4 2 3.2 Develop Option 2 B:Proposed cluster property grinder pump system 3.2.1 Layout grinder pump and forcemain system 1 2 4 2 3.2.2 Size grinder pump and forcemain system 1 2 4 2 3.3 Develop Option 2 C:Proposed gravity system with City lift station 3.3.1 Layout gravity system with drop manholes 1 2 4 2 3.3.2 Size sanitary mains and manholes 1 2 4 2 3.3.3 Option 2 C:Proposed lift station location and sizing 1 _ 4 10 8 3.4 Determine construction limits for utilities to access Eden Prairie Road(9)(10)(11) _ 1 1 1 12 2 16 3.5 Layout watermain system(13) 1 1 1 6 Subtotal'IHours 9 18 36 38 2 16 119 Subtotal Labor Cost $978 $2,268 $2,835 $2,993 $189 $1,783 $11,046 4.0 Opinion of Probable Cost(23)(24)(25) 4.1 Quantity Calculations 4.1.1 Option 1 Quantity verification 1 1 2 4.1.2 Option 2 A:Proposed individual property grinder pump system 1 1 2 4.1.3 Option 2 B:Proposed cluster property grinder pump system 1 1 2 4.1.4 Option 2 C:Proposed gravity system with City lift station 1 1 2 4.1.5 Option 2 C:Proposed lift station location and sizing _ 1 2 4.1.6 Layout watermain system 1 _ 1 2 Page 1 ESTIMATED HOURS ESTIMATED SENIOR REGISTERED COST PROJECT WASTEWATER WASTEWATER PROJECT SURVEY LAND ADMIN TECH PROJECT TASKS MANAGER ENGINEER ENGINEER CREW CHIEF ENGINEER SURVEYOR 4.2 Opinion of Probable Cost 4.2.1 Option 1 Quantity verification 1 2 4.2.2 Option 2 A:Proposed individual property grinder pump system 1 2 4.2.3 Option 2 B:Proposed cluster property grinder pump system 1 2 4.2.4 Option 2 C:Proposed gravity system with City lift station 1 2 4.2.5 Option 2 C:Proposed lift station location and sizing 1 I 2 1 4.2.6 Watennain system 1 1 2 2 Subtotal Hours 7 12 24 3 I' 46 Subtotal Labor Cost $761 $1,512 $1,890 " $236 $4,399 5.0 Prepare Technical Memorandum(2)(17)(18) 5.1 Write Technical Memorandum 20 4 4 1 1 111 Subtotal Hours 20 4 4 1 1 30 Subtotal Labor Cost $2,174 $504 $315 $79 ' $111 $3,183 6.0 ' Meetings(26) 6.1 With City Staff(21) 18 6 2 4 2 Subtotal Hours 18 6 2 4 i' 2 32 Subtotal Labor Cost $1,956 $756 $158 $315 $202 $3,386 Subtotal Summary 65 46 72 61 2 17 2 265 Subtotal Summary $7,064 $5,796 $5,670 $4,804 $189 $1,895 $202 $25,619 PROJECT SENIOR 1VASTEWATER PROJECT SURVEY REGISTERED ESTIMATED MANAGER \VASTEWATER ENGINEER ENGINEER CREW CHIEF LANDADilIIN TECH ENGINEER SURVEYOR COST PROJECT COST SUMMARY Subtotal Hours 65 46 72 61 2 17 2 265 Subtotal Labor Cost $7,063.88 $5,796.00 $5,670.00 $4,803.75 $189.00 $1,894.60 $201.60 $25,618.82 Subtotal Expenses $562.00 TOTAL COST ASSOCIATED WITH THIS PROPOSAL: $26,180.82 P:AEIFEdenp\132612\lyenl\1O-setup-ont\O3-proposanlTHB Notermann U1 y Study.alsxJ-ours-Costs NOTES (I)Gopher State One Call design locate not included due to existing public and private utilities not being considered during this Feasibility design. (2)SEH understands that Stantec completed a Study to develop the Notemamr Property(Development)of 16180 Flying Cloud Dr(PID 2911622440020)and adjacent property 61,(PID 2911622440021)with homes being served by City water and sanitary service,with connections to City systems occurring along Spring Road to the north approximately 1/3 mile. (3)Assumes no geotechnical or environmental work will be done. (4)Assumes background CAD data has been obtained from previous SEH Eden Prairie projects,and will utilize state flown Lidar&aerial photos (5)Assumes the Study will only consider water mains&services;and sanitary sewer mains&services. (6)Potential house layout will be based on Stantec Study,as previously retained by Notennann for possible development options: City to provide SEH the Study. (7)Not Used (8)Not Used (9)Assumes any alternative of Option 2 will access Eden Prairie Road near where the 10131 Eden Prairie Road driveway intersects Eden Prairie Road. (10)Construction limits will be for open cut installation method of water and sanitary sewer meeting Minnesota Department of Health requriements. (11)Legal descriptions will be prepared for both temporary and permanent construction and ntility easements. (12)Not Used (13)Assumes no water main modeling will be done,and no pressure reducing structures are necessary. (14)A cursory review will he done to verify practicality and constructability of Stantec study and cost estimate. (15)Not Used (16)Not Used (17)Technical Memorandum will provide a technical data summary of Option 1,Option 2A,2B,2C,and wotennain layout with estimated construction costs. (18)Technical Memorandum will feed into Feasibility Study,with much of the same language to be used. City will write actual feasibility study (19)Not Used (20)Not used (21)Assumes four(4)meetings with the City to review the progress of the project. (22)Eden Prairie Road connections will be connected to water and sanitary sewer at station 266+25 of the Reconstruction of Eden Prairie Road,IC No 01-5537,installed in 2014. (23)An Opinion of Probable Cost will he completed for Option 2 A,B&C. (24)Feasibility level costs will include a 15%construction contingency and 20%indirect Feasibility level costs to arrive at estimated project Feasibility level costs. (25)Feasibility level costs will be computed in 2015 dollars. (26)Assumes preparation of exhibits for use by the City at Neighborhood meetings.Assumes attendance by SEH at Neighborhood meetings is not necessary. Page 2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 15-5907 ITEM NO.: VIII.N. Carter Schulze, Public Works/ Approve Work Order with MnDOT for Painting Engineering Fascia Beams on MnDOT Bridges over TH 212 and Corresponding Traffic Control Janet Jeremiah, Comm. Dev. Requested Action Move to: Approve Work Order with MnDOT for Painting Fascia Beams on MnDOT Bridges over TH 212 and Corresponding Traffic Control. Synopsis The City, in an effort to better the appearance of bridges along the highly traveled TH 212 corridor through Eden Prairie, reached out to MnDOT to partner in a repainting project. MnDOT and the City each agreed to fund 50% or the project costs. The Work Order establishes the responsibilities of the City and MnDOT in completing this work. Background Information The City adopted a resolution approving Master Partnership Contract 01730 with MnDOT on September 4, 2012 and authorizing negotiation of work order contracts such as this to be executed by the City Manager. Working with MNDOT to get the bridges painted was identified in the Community Development Work Plan and staff generated a list of bridges within the City ranking them in order of appearance based on visibility and condition of fascia beam color. Four of the worst ranked bridges exist along the TH 212 corridor. Those bridges include; 494 over 212, Prairie Center Drive over 212, Mitchell Road over 212 and TH 5 west bound over Wallace Road. This corridor, when built, adhered to an aesthetic guideline that included green railing, green fascia beams and other concrete rustication effects. Of these aesthetic features, the green fascia beams have received the most scrutiny due to their discolor and fade since the bridges were built. This project includes repainting those four bridges fascia beams. Financial Implications The costs of the fascia beam painting and traffic control are estimated not to exceed $60,000. MnDOT has agreed to pay 50% of the costs not to exceed$30,000. The City CIP identifies $125,000 for certain Prairie Center Drive bridge improvements (new lighting and new or repainted railing with logo) to be funded from TIF Redevelopment pooled funds in 2016. However, staff determined that the $125,000 budget is inadequate for that lighting/railing project. The CIP also mentions coordinating with MNDOT on painting several 212/Hwy 5 bridges but indicates no funding has been included in the CIP for painting the MNDOT bridges, because staff anticipated MNDOT would pay for that. Unfortunately, MNDOT did not originally have any budget for this either. MNDOT is now agreeing to split the cost with the City. Staff believe this is a good use of a portion of the TIF Redevelopment pooled funds. Staff are double-checking with our public finance consultants that the bridge painting is an eligible use for those funds. We expect to have confirmation prior to the meeting and will suggest an alternative funding source if necessary. Attachment MnDOT Work Order 04 MnDOT Agreement No 01730 Work Order 04 X the appropriate line Payable by State X Receivable by State STATE OF MINNESOTA WORK ORDER UNDER MASTER PARTNERSHIP CONTRACT State Project(SP): 2701-52 Trunk Highway(TH): TH 5 Project Identification: Painting MnDOT Bridge Fascia Beams over TH 212 and along TH 5 This Work Order Contract is issued under the authority of State of Minnesota,Department of Transportation (MnDOT)Master Partnership Contract No. 01730 between the state of Minnesota acting through its Commissioner of Transportation("State") and the City of Eden Prairie,a political subdivision of the State of Minnesota("Local Government") and is subject to all applicable provisions and covenants of that Agreement which are incorporated herein by reference. Work Order Contract Article 1 Term of Work Order Contract; Incorporation of Exhibits: 1.1 Effective date: This Work Order Contract will be effective on the date that all required signatures are obtained by State,pursuant to Minnesota Statutes Section 16C.05, subdivision 2. The Providing Agency must not begin work under this Contract until ALL required signatures have been obtained and the Providing Agency has been notified in writing to begin such work by the Requesting Agency's Authorized Representative. 1.2 Expiration date: This Work Order Contract will expire on December 31,2015, or when all obligations have been satisfactorily fulfilled,whichever occurs first. 1.3 Exhibits: Exhibits A through D are attached and incorporated into this Work Order Contract. Article 2 Nature of Work; Requesting and Providing Party: 2.1 X the blanks below to indicate the nature of the work to be performed. See Article 3. Services Requiring a Work Order Contract, of the Master Partnership Contract for applicable definitions. X Construction Administration Emergency Services Professional/Technical Services Roadway Maintenance 2.2 X the blanks below to indicate which party is the"Requesting Party"and which party is the "Providing Party". 2.2.1 The Requesting Party is: X State Local Government 2.2.2 The Providing Party is: State X Local Government Article 3 Scope of Work: 3.1 The Providing Party will perform services under this Work Order summarized generally as follows: Traffic control and painting of bridge fascia beams as defined in Article 4: Deliverables by Providing Party, on those bridges within the corporate limits of the Local Government as defined below and referenced on the map attached as Exhibit B. Page 1 of 5 CM General Work Order Under a Master Partnership(Rev.04/05/13) MnDOT Agreement No 01730 Work Order 04 3.2 The Providing Party will perform work in accordance with the"Standard Terms"contained in Exhibit A. 3.3 For a detailed description of work see Exhibit B and Article 4 `Deliverables by the Local Government. Article 4 Deliverables by the Providing Party: 4.1 Deliverables are the work products created or supplied by the Providing Party pursuant to the terms of this Work Order. The detailed summary of the deliverables for this work order are as follows: Deliverable Description Due Date Traffic Control Provide traffic control for bridge As needed. fascia beam painting construction project in accordance with the "Minnesota Manual of Uniform Traffic Control Devices" and Part VI of the "Field Manual for Temporary Traffic Control Zone Layouts". Paint Bridge Fascia Beams over Paint bridge fascia beams on November 15,2015 TH 212 and on TH 5. MnDOT Bridge numbers 27147, 27148,27144,27V09,and 27V 10 in accordance with the MnDOT approved plans and the 2014 Edition of the MnDOT "Standard Specifications for Construction"and the 2014 Edition of the"Materials Lab Supplemental Specifications for Construction". Article 5 Items provided or completed by the Requesting Party. 5.1 The following will be provided or completed by the Requesting Party:NONE Article 6 Consideration of Payment: 6.1 The Requesting Party will pay for all services performed by the Providing Party on an actual cost reimbursement basis as follows: 6.1.1 The following items will be reimbursable at 50%of their actual cost to the Providing Party: 6.1.1.1 Actual and reasonable costs of contractors engaged to perform the work. 6.1.2 The Providing Party must,upon request of the Requesting Party,provide documentation showing a breakdown of costs claimed for reimbursement. 6.2 The Requesting Party's total obligation for all compensation and reimbursements to the Providing Party will not exceed$30,000.00 based on the attached Engineer's Estimate,Exhibit C. 6.3 For costs expected to exceed$30,000.00,the Providing Party must request the preparation and execution of an amendment to this Work Order,prior to incurring such costs. Page 2 of 5 CM General Work Order Under a Master Partnership(Rev.04/05/13) MnDOT Agreement No 01730 Work Order 04 Article 7 Terms of Payment: 7.1 The Requesting Party will pay the Providing Party upon receipt and approval of an invoice for eligible costs. The Providing Party will submit signed invoices, and the signature will attest that the services have actually been performed, and that the claimed amounts have not been previously claimed or paid.Upon request of the Requesting Party,the Providing Party must provide documentation showing the actual costs incurred. The Providing Party will use the format set forth in Exhibit D when submitting Invoices. 7.2 Per Section 7.4 of the Master Partnership Contract; 7.4.1 The Requesting Party will pay the Providing Party as specified in this work order, and will make prompt payment in accordance with Minnesota law. Article 8 Local Government's Project Manager: 8.1 The Local Government's Project Manager for this Work Order is: Name: Rod Rue Title: City Engineer Name of Local Government: City of Eden Prairie Street Address: 8080 Mitchell Road City, State Zip Eden Prairie,MN 55344 Phone: 952-949-8314 Email Address: rrue@edenprairie.org 8.2 The Local Government 's Project Manager for this Work Order is responsible for overseeing the Local Government 's fulfillment of its obligations under this Work Order,reviewing and approving invoices,resolving disputes related to this Work Order,and for giving or receiving any notices required or permitted by this Work Order. Article 9 State's Project Manager: 9.1 The State's Project Manager, for this Work Order is: Name: Andrew Lutaya Title: West Area Engineer Name of Local Government: MnDOT Street Address: 1500 County Road B2 City, State Zip Roseville,MN 55113 Phone: 651-234-7563 Email Address: andrew.lutaya@state.mn.us 9.2 The State's Project Manager is responsible for overseeing the State's fulfillment of its obligations under this Work Order,reviewing and approving invoices,resolving disputes related to this Work Order,and for giving or receiving any notices required or permitted by this Work Order. Article 10 Termination. 10.1 Termination by the State or Local Government. The Local Government,the State or the Commissioner of Administration may cancel this Work Order at any time,with or without cause, upon 30 days' written notice to the other Party. Upon termination,the Providing Party will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. Page 3 of 5 CM General Work Order Under a Master Partnership(Rev.04/05/13) MnDOT Agreement No 01730 Work Order 04 10.2 Termination for Insufficient Funding. If the State is the Requesting Party, The State may immediately terminate this Work Order if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Local Government. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However,the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the Work Order is terminated because of the decision of the Minnesota Legislature, or other funding source,not to appropriate funds. The State must provide the Local Government notice of the lack of funding within a reasonable time of the State's receiving that notice. Article 11 Additional Provisions NONE [THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] Page 4 of 5 CM General Work Order Under a Master Partnership(Rev.04/05/13) MnDOT Agreement No 01730 Work Order 04 LOCAL GOVERNMENT COMMISSIONER OF TRANSPORTATION The local Government certifies that the appropriate person(s)have executed the contract on behalf of the Local Government as required by applicable articles,bylaws,resolutions or ordinances. By: By: Title: Title: District Engineer Date Date STATE ENCUMBRANCE VERIFICATION COMMISSIONER OF ADMINISTRATION The individual certifies funds have been encumbered as required by Minn. Stat. 16A.15 and 16C.05. By: By: Date: Title: SWIFT Contract# Date SWIFT PO# Page 5 of 5 CM General Work Order Under a Master Partnership(Rev.04/05/13) MnDOT Agreement No 01730 Work Order 04 EXHIBIT A—STANDARD TERMS STANDARD TERMS FOR CONSTRUCTION ADMINISTRATION 1. [If not provided by Requesting Party,]the Providing Party will prepare plans and special provisions in conformance with geometric design standards for trunk highway plans as described in the current versions of MnDOT Manuals, available from the District Office or the MnDOT web site, http://www.dot.state.mn.us/manuals/index.html. 2. The Providing Party will prepare the proposal for highway construction for the construction contract,which will include any provisions supplied by the Requesting Party, and any provisions required by Minnesota law and applicable Federal laws and regulations. 3. The Providing Party will prepare and publish the bid solicitation for the project(s)as required by state laws. The solicitation will state where the proposals,plans, and specifications are available for the inspection of prospective bidders, and where the Providing Party will receive the sealed bids. 4. The Providing Party will solicit for bids after obtaining written notification from the Requesting Party that the plans and special provisions have been approved. 5. The Providing Party will prepare and sell the plan and proposal packages and prepare and distribute any addenda, if needed. 6. The Providing Party may include other work in the construction contract. 7. The Providing Party will receive and open bids. 8. After the bids are opened,the Providing Party will consider the bids and will award the bid to the lowest responsible bidder or best value proposer, as required or permitted by Minnesota law and subject to the concurrence of the Requesting Party, or the Providing Party may reject all bids. a. The Providing Party will,within 7 days of opening bids for the construction contract, submit to the Requesting Party(to MnDOT's District Engineer if MnDOT is the Requesting Party) a copy of the low bid and an abstract of all bids together with the Providing Party's request for concurrence by the Requesting Party in the award of the construction contract. The Providing Party will not award the construction contract until the Requesting Party advises the Providing Party in writing of its concurrence therein. b. The Providing Party may reject, and the Requesting Party may require the Providing Party to reject, any or all bids for the construction contract. The party rejecting or requiring the rejection of bids must provide the other party written notice of that rejection or requirement for rejection no later than 30 days after opening bids. Upon the rejection of all bids pursuant to this section,a party may request, in writing,that the bidding process be repeated.Upon the other party's written approval of such request,the Providing Party will repeat the bidding process in a reasonable period of time,without additional cost or expense to the Requesting Party. The Providing Party may also elect to eliminate the Requesting Party's work from the contract, and proceed to award the contract for just the Providing Party's own work. 9. The Providing Party will prepare and execute a construction contract with the lowest responsible bidder(or the best value proposer if allowed by law) in accordance with the special provisions and the latest edition of MnDOT's Standard Specifications for Construction and all amendments thereto. 10. The Providing Party will give the Requesting Party five days' notice of its intention to start the contract construction. Page 1 of 3 CM Exhibit A—Standard Terms under Master Partnership Work Order(Rev.08/03/2012) MnDOT Agreement No 01730 Work Order 04 EXHIBIT A—STANDARD TERMS 11. The Project(s)will be constructed in accordance with plans, special provisions, and standard specifications of each Project. The standard specifications will be the latest edition of MnDOT Standard Specifications for Highway Construction, and all amendments thereto. The plans, special provisions, and standard specifications will be on file at the Providing Party's Office. The plans, special provisions,and specifications are incorporated into this agreement by reference as though fully set forth herein. 12. The Providing Party will furnish the personnel, services, supplies, and equipment necessary to properly supervise, inspect,and document the work for the Project(s). The services of the Providing Party to be performed hereunder may not be assigned, sublet, or transferred unless approved in writing by the Requesting Party. This written consent will in no way relieve the Providing Party from its primary responsibility for performance of the work. 13. The Providing Party will document quantities in accordance with the guidelines set forth in the MnDOT Contract Administration Manual Sections 410 and 420(including amendments and successors of those sections)in effect at the time the work is performed. 14. The Providing Party will test materials in accordance with the MnDOT Schedule of Materials Control in effect at the time each Project was let. The Providing Party will notify the Requesting Party when work is in progress on the Project(s)that requires observation by the Independent Assurance Inspector as required by the Independent Assurance Schedule. 15. The Providing Party will cause the contract construction to be started and completed in accordance with the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended,by an exchange of letters between the Project Engineer and the Requesting Party's Engineer(or the Engineer's authorized representative),for unavoidable delays encountered in the performance thereof. 16. The Providing Party may make changes in the plans or the character of the work, as may be necessary to complete the Project(s), and may enter into supplemental agreement(s). All changes in the plans, specifications, or special provisions for the Requesting Party's cost participation for construction covered under this Work order and all addenda,change orders and supplemental agreements entered into by the Providing Party for the Requesting Party's cost participation construction covered under this Work Order must be approved by the Requesting Party's Engineer(or the Engineer's authorized representative)prior to performance of the work. Failure to obtain such approval may result in such costs being disallowed for reimbursement. 17. The Providing Party will prepare partial estimates in accordance with the terms of the construction contract for the Project(s). The Project Engineer will certify each partial estimate. Following certification of the partial estimate,the Providing Party will make partial payments in accordance with the terms of the construction contract for the Project(s). 18. If the Local Government is the Providing Party for any trunk highway projects affecting utilities,the Local Government will coordinate with the State's Utilities Office. The Local Government will provide a signed "Utility Certification Checklist"in accordance with the current MnDOT Technical Memorandum. 19. The Providing Party will prepare all required reports and keep records as required by this Work Order. 20. Upon completion of the Project(s),the Project Engineer will determine whether the work will be accepted, and request final inspection by the Requesting Party's project manager. Page 2 of 3 CM Exhibit A—Standard Terms under Master Partnership Work Order(Rev.08/03/2012) MnDOT Agreement No 01730 Work Order 04 EXHIBIT A—STANDARD TERMS 21. Upon completion of the Project(s),the Providing Party will prepare a final estimate in accordance with the terms of the construction contract for the Project(s). The Project Engineer will certify the final estimate. Following certification of the final costs,the Providing Party will make the final payment in accordance with the terms of the construction contract for the Project(s). [THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] Page 3 of 3 CM Exhibit A—Standard Terms under Master Partnership Work Order(Rev.08/03/2012) Master Contract 01730 WO4 GOVERNING SPECIFICATIONS Exhibit B Page 1 of 3 THE 2014 EDITON OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION "STANDARD SPECIF1CA7I0NS FOR CONSTRUC110N` AND THE 2014 EDITION OF THE "MATERIALS LAB SUPPLEMENTAL a . ID AI .` SPEcIF1CA11ONS FOR CDHSTRUCTION" SHALL GOVERN. H C I l'Y O �' - ALL TRAFFIC CONTROL DEVICES SHALL CONFORM AND BE INSTALLED IN ACCORDANCE To THE "MINNESOTA MANUAL ON UNIFORM TRAFFIC rycONTRCL DEVICES" (MN MUTCD) AND PART M. "FIELD MANUAL Foil tn H E N N E P I N COUNTY, MINNESOTA TEMPORARY TRAFI�G CONTROL ZONE LAYOUTS. r C • INDEX b PLANS FOR: TRAFFIC CONTROL AND PAINT BRIDGE NOS. 27147. 27148, SHEET No. SHEET DESCRIPTION 27144, 27V09 88 27 V1 0 1 'HTLE SHEET C 2 STATMENT OF ESTIMATED QUANTITIES co 3 TRAFFIC E rs PAINTING MNDOT BRIDGE FASCIA BEAMS OVER HWY 212 AND ON T.H. 5 cv CITY PROJECT NO. 15-5907 a, •C Q ,w 51, :cal ; t/i ,; S�.:L. /.` __ 1 I t \�•. 1--) _II \ --\ • ).4_ '-.-1 Its-7;-------)- 6 _t \',,, li ( trvz.z, \1/4-\:.,L ,--- / ,,, ___J.,,,.,../..„, \ ,.,,-- /7-/ ).\,:- 1, 1 \„,..., ,____L__( L._) . -- i (2 'k:.: . f (I 1 . € _ � ✓ } , j``.. 1 , �;� __ - f ?% „BRIDGE NO. '27148 `°z. rill �Xg — - �_'1 L�' -..t `•1 _. (i f`�\\` % lk E Y l�1 4\i I IL4. � ., ;� BRIDGE NO, 271441 ' � �,; _i� -r ,,, #, '\:.".°�` .0/ %�° - ):/!' �9,>\... !'<.-' �_. _ -_ _ _°"' \ \:k BRIDGE NO. 27V1 D -... E -i - I }♦ ,' r { I BRIDGE NO. ~27147 ' i�t�, ,`��..'tY-N=YvI=^r J 1r �� i\ o L.„. J� - --- . L—,__ j'L l � — _- - - -_-,'., -, • _.� ' i ,��`. L„ Lake —(j=ir r7,. 160) /f 1 i2!2;'I 51f ., .Z 81c?Ii = m \",«_ -::.;;1—_ _..__f L__.. —". .. - -:��_� —___—-_ - _�__ - _ ,...W''�J- r ..st' .y... �./��,,, '.•r ke -r---,.: ti;;;;\ /fay 1 SCALES I „ __, I ` 1'( :::.; . C.. I J 'y INDEX MAP r=1000' l� lf /i •_ - ��,r,./ — ' ` '=~ _ - ;III v ! //rr ` ,, BRIDGE NO. 27V09 ''` ) ) 71 1r-.. : = = __ - --, ....„6,,,,;,,,,...... ., 1_ 4/, C_N___ o (. 4/ , CENTER r . 1 ..,_\ F. , ._, �_'• rt ,I f` - CITY :`,.:::.. JL.,_,, ....., /7„ 0, - t l '' i' ...-._:. EQENPRAIRIE;ji //I 1, /,'n' )11.1 -� !S PLAN GONTWNS 3 SHEETS 0. I /!/;:' ��..' .,�`_T"_ •�' f` . �.- ,''_ •:::..�y,,,,,. CENTER 1 " THIS� !�;'/ r%=�.__—r Imo, 1 , F € ;...-`� J 7.l ,' Li, �r %%/I - 15 !� �+ j t_ y<<• na ,Al11;--f !! - THIS PLAN AND/OR SPECIFICATIONS WAS PREPARED sPECIFlCALLY ,'%w/ ,. if; /i ;•.. -~ FOR THIS PROJECT, AND ANY RE USE OF DETAILS OR SPECIFICATIONS n -_ ropy l �_ '` �:.I__ �J (� r \,r.. t j�` , t j �.:::_i ON OTHER PROJECTS IS NOT INTENDED OR AUTHORIZED BY THE �� i ' -- \--.- .1 /r :-', �. �`J DESIGNER, LIABILITY FOR ANY RE-USE°N U7HER PROJECTS]5 THE JF� ," :: f� I� ""�• �'-_ %'�' - RESPONSIBILITY OF THE PERSON AGENCY, OR CORPORATION USING Ln .,/1 fl ��.- -;} � � \f_� �S m' �• i //�, -J�r ��_.� �ti�i; '-`f r THIS PLAN OR SPECIFICATION DATA FROM THIS PROJECT. fi _- l�.� =::�, `„ r __. //� f/ r ,-�\ , f , / . ,ti , Red \ ---, ,,� j!— �Jr� ( •\:_.� SS..,I!Ji..,^4 / / Y/_-»:�_.�.-'/ �r'.� _ �s,.�--� f _ � \ .%_Ji_ •� i 4 • r t i17.€1 EDEN A {AAK� C 0, . MYEDIRECT SUP RNSION AND THAEBY CERTIFY THAT THIS T IwAM AS AADULYEIJCENSD BY ED OR UNDER O PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SIGNATURE .o u N PRINT NAME i N DATE LICENSE NO, L7 u L_ I . . Master Contract 01730 W®4 Exhibit B Page 2 of 3 ET . . Hu, o vs ;u vs al a rn �'�. STATEMENT OF ESTIMATED QUANTITIES 1 a, TOTAL PROJECT 2. ITEM NO, ITEM DESCRIPTION UNIT QUANTITIES ca 2021.5010 MOBILIZATION LS 1 6 • 2563.6010 TRAFFIC CONTROL LS 1 f 2433.6180 PAINT CONCRETE BEAM • co- BRIDGE 27144 SF - 2572 `Z • BRIDGE 27147 SF 4625 BRIDGE 27148 SF 4250 g • BRIDGE 27V09 SF 1705 • 0 BRIDGE 27V10 SF 1736 o . :n E • ' .U) - a m IL I) m • to 1L rna, m 1- O 0 c a to . H. r` rno a, D u_ u, e • . r-I vi 4, •' . :•• c as as c u.,c i' CITY OF EDEN PRAIRIE SHEET Ipp��hereby certlbfyq Blot khle tan, epeclflcalia,#. or report • DRAWN 6Y j • ..- that I��a n a d�ely Lka,eed�ProfeiafdG-e i! �p�e c a did { 2 - - khe laze or kh. laie aF Alhsneeoka. oastcNWav ' STATEMENT OF ESTIMATED QUANTITIES Y a, _ .,_ Print Rome; CARTER SCHULZE CITY PROJECT NO, N 15-5907 cmcKEBY EDEN PAINTING MNDOT BRIDGE FASCIA BEAMS OF 0.0 D NO DATE BY CO APPR REVISIONPRAIRIE 3 u bate 5/11/15 License i 44c908 +,+,u,rade C7 0 • Master Contract 01730 WO4 GENERAL TRAFFIC CONTROL NOTES: Exhibit B Page 3 of 3 1. ALL TRAFFIC CONTROL DEVICES, TEMPORARY LANE CLOSURE ARRANGEMENTS AND PROCEDURES, SHALL CONFORM TO REQUIREMENTS OF THE MINNESOTA MANUAL ON UNIFORM TRAFFIC CONTROL ni DEVICES INCLUDING THE FIELD MANUAL FOR TEMPORARY TRAFFIC CONROL ZONE LAYOUTS, • rv7 2. THE CONTRACTOR SHALL PERFORM THE WORK IN A SEQUENCE THAT IS APPROVED BY THE CITY AND SHALL PROVIDE COMPLETE TRAFFIC CONTROL PLANS TO BE APPROVED BY THE ENGINEER PRIOR TO STARTING WORK. ui 3. THE CONTRACTOR SHALL MAINTAIN A 2 FOOT MINIMUM CLEAR DISTANCE BETWEEN THE EDGE OF THE TRAVEL LANE AND THE NEAREST EDGE OF ANY ADJACENT TRAFFIC CONTROL DEVICES(DRUMS, 5j BARRICADES, BARRIERS, ETC.). cn to 4, THE CONTRACTOR SHALL FURNISH, INSTALL, MAINTAIN AND REMOVE, AS APPROPRIATE, ALL SIGNS, PAVEMENT MARKINGS, AND DEVICES REQUIRED FOR THE WORK TO THE SATISFACTION DF cn THE ENGINEER. 5. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY EXTRA SIGNING NEEDED TO FACILITATE elf TRAFFIC SWITCHES OR FOR TRANSITIONING TRAFFIC FROM ONE STAGE TO ANOTHER (INCIDENTAL). erl 6, ALL TRAFFIC CONTROL SIGNS SHALL BE HIGH PERFORMANCE FLUORESCENT SIGN SHEETING FOR RIGID TEMPORARY SIGNS AND BARRICADES, BOTH TYPE HP AND TYPE HP FLO, 5 7. ADVANCE WARNING SIGNS SHALL BE MOUNTED ON STANDARD TYPE III BARRICADES OR POST MOUNTED OR AS APPROVED BY THE ENGINEER. [t. at B. POSTS SHALL BE PLUMB, WITH SIGNS PLACED LEVEL AND AT PROPER MOUNTING HEIGHT IN ACCORDANCE WITH M.M,U.T.C.D IF POST MOUNTING IS NOT POSSIBLE, SIGNS SHALL BE MOUNTED ON PORTABLE SUPPORTS AS APPROVED BY THE ENGINEER. al 9. ALL SIGNS AND TRAFFIC CONTROL ITEMS SHALL BE LIKE NEW AND REFLECT UNIFORMLY AT NIGHT. 1D. SPACING OF SIGNS ANO TRAFFIC CONTROL DEVICES MAY BE ADJUSTED AS APPROVED BY THE to ENGINEER. ere 0.. a) N m Vi rO li. N t77 • 0.1 F— a. r-t Ql N W • t1 • rn '� m w r I hereby certlhr that Ihle pion, speclflcallon. or report DRAWN BY v r p CITY OF EDEN PRAIRIE SHEET was t ared b L�yyme of under m Oast eU erNelan and Jd thetlove of the Stale of feed neeotenlanal£nghser under DESIGNED BY Prink Noma CARTER SCHUJIz CITY PROJECT NO. TRAFFIC CONTROL 3 -Q N 15-5907. CHECKED BY t�yyi ' a NO DAlE. BY CKD APPR REVISION EDG PAINTING MNDOT BRIDGE FASCIA BEAMS OF iAf1E' 0 `� Date 5I11115 lleenaa 44908 y 3 Master Contract 01730 W®4 Exhibit C City of Eden Prairie Paint MnDOT Bridge Fascia Beam Project City No. 15-5907 5/11/2015 Engineering Estimate Estimated Item No, Description Unit Quantity Unit Price Extension 1 Mobilization LS 1 $6,000.00 $6,000.00 2 Traffic Control LS 1 $4,500.00 $4,500.00 , 3 Paint Concrete Beam Bridge 27144 SF 2572 $2,50 $6,430.00 Bridge 27147 SF 4625 $2.50 $11,562.50 Bridge 27148 SF 4250 $2.50 $10,625.00 Bridge 27V09 SF 1705 $2.50 $4,262.50 Bridge 27V10 SF 1736 $2.50 $4,340.00 Total of Extension for Quote Items $47,720.00 Total Estimated Costs $ 47,720.00 State Cost 50% $ 23,860.00 10% Contingency $ 2,386.00 Total State Cost $ 26,246.00 Master Contract 01730 WO 4 Exhibit D INVOICE NO. Original To: Minnesota Department of Transportation Office of Metro State Aid 1500 County Road B2,Roseville,MN 55113 Attn: Sharon LeMay Period Ending: Invoice Date: Re: Mn/DOT Contract No. 01730,Work Order 4 Expiration Date: December 31,2015 Project Description: Painting MnDOT Bridge Fascia Beams over TH 212 and on TH 5. Total Total Amount Billed Contract Billing Previously This Amount to Date Billed Invoice Progress Payment Total Amount Due This Invoice: Attach all documentation to support invoice request(ie—Contractor payment voucher) I certify that the above statement is correct and payment has not been received. Signature: Print Name: Title: Billing Information Rod Rue City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 952-949-8314 rrue@edenprairie.org For Mn/DOT Use Only Approved for Payment: Date: Page 1 of 1 Rev.2/01 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.O. Switch Replacement at Community Center Aditi Salunke, IT Manager Requested Action: Move to: Approve quote and authorize LOGIS to replace network equipment at the Community Center for cost of$31,503.15. Synopsis: In order to prepare for expanded network traffic and additional equipment at the Community Center the switches need to be replaced. LOGIS has quoted the costs associated with these upgrades including hardware and installation costs. Background Information: The switches at the community center have not been replaced since 2007. Replacing these switches will help ensure the integrity of the network and the city's disaster recovery site. Attachments: LOGIS Quote Community Center Extended List Customer Extended Qty Part# Description List Price Price Discount Price Price 30,003.00 Switch 28,815.00 3 WS-C3850-48P-S Cisco Catalyst 3850 48 Port PoE IP Base 13,000.00 39,000.00 43.50% 7,345.00 22,035.00 3 S3850UK9-32-0SE CAT3850 UNIVERSAL - - 43.50% - - 3 C3850-NM-4-10G Cisco Catalyst 3850 4 x lOGE Network Module 4,000.00 12,000.00 43.50% 2,260.00 6,780.00 3 CAB-TA-NA North America AC Type A Power Cable - - 43.50% - - 3 PWR-C1-715WAC 715W AC Conti1 Power Supply - - 43.50% - - Miscellanous 0.00 0 SFP-10G-SR 10GBASE-SR SFP Module 300m 1,495.00 - 43.50% 844.68 - 0 SFP-10G-LR 10GBASE-LR SFP Module 101m1 3,995.00 - 43.50% 2,257.18 - 0 SFP-10G-ER 10GBASE-ER SFP Module 40km 10,000.00 - 43.50% 5,650.00 - 0 SFP-10G-ZR` 10GBASE-ZR SFP Module 80km*limited switches 16,000.00 - 43.50% 9,040.00 - Network Services labor estimate 1,188.00 12 Network Services Network Services Labor for switch configuration.Installation,and testing $99.00 1,188.00 0.00% 99.00 1,188.00 Total cost per detail 30,003.00 Less additonal Cisco Discount Contingency 5% 1,500.15 Grand Total. (Does not include sales tax.) 31,503.15 Page 1 of 1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.P. Office of City Manager, Declare obsolete computer equipment as Information Technology/ surplus Aditi Salunke Requested Action Move to: Declare obsolete equipment as surplus and authorize the City Manager to dispose of property to manage end of life computers, monitors and electronics using Minnesota Computer's services and the State of Minnesota as authorized under City Code Section 2.86, Subd. 3. Synopsis The City has a surplus of obsolete computer equipment. The equipment is of no use and will be recycled. Previously the City paid a fee to Asset Recovery Corporation to pick up and dispose of obsolete equipment. With the attached purchase quote, Minnesota Computers will pick up and recycle the equipment and pay the City a fee for the items they can reuse. All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. Attachment List of surplus equipment Surplus Computer Equipment Type Manufacturer Model Serial Misc Docking Station Panasonic CF-WEB301MB OFTYA27340 Docking Station Panasonic CF-WEB301MB 7FTYA03898 Docking Station Panasonic CF-WEB301MB 7GTYA05604 Docking Station Panasonic CF-WEB301MB 7GTYA05720 Docking Station Panasonic CF-WEB301MB 7GTYA05810 Docking Station Panasonic CF-WEB301MB 7GTYA05829 Docking Station Panasonic CF-WEB301MB 7GTYA05870 Docking Station Panasonic CF-WEB301MB 7GTYA05877 Docking Station Panasonic CF-WEB301MB 7GTYA05893 Docking Station Panasonic CF-WEB301MB 7GTYA05904 Docking Station Panasonic CF-WEB301MB 7GTYA05912 Docking Station Panasonic CF-WEB301MB 7GTYA05925 Docking Station Panasonic CF-WEB301MB 7GTYA05949 Docking Station Panasonic CF-WEB301MB 7GTYA05969 Docking Station Panasonic CF-WEB301MB 7HTYA06799 Docking Station Panasonic CF-WEB301MB 7HTYA06940 Docking Station Panasonic CF-WEB301MB 7HTYA06955 Docking Station Panasonic CF-WEB301MB 7HTYA06999 Docking Station Panasonic CF-WEB301MB 7HTYA07003 Docking Station Panasonic CF-WEB301MB 7HTYA07021 Docking Station Panasonic CF-WEB301MB 7HTYA07025 Docking Station Panasonic CF-WEB301MB 8ETSA12455 Docking Station Panasonic CF-WEB301MB 8ETSA12624 Docking Station Panasonic CF-WEB301MB 8ETSA12668 Docking Station Panasonic CF-WEB301MB 8ETSA12733 Docking Station Panasonic CF-WEB301MB 9HTYA20547 Docking Station Panasonic CF-WEB301MB 91TYA21260 Docking Station Panasonic CF-WEB301MB 9KTYA21421 Docking Station Panasonic CF-WEB301MB 9KTYA21513 Docking Station Panasonic CF-WEB301MB 9KTYA21556 VCR Sony SLV-N50 265342 Laptop Dell Latitude D620 CN-0TD761-12961-68N-2602 Laptop Dell Latitude D630 CN-0WM416-12961-77R-6394 Computer HP Elite 8100 SFF USH102013F Laptop HP HP Mini CNF0276GS4 Laptop MAC Macbook W872326VYA3 Laptop Dell Latitude D620 CN-0FT292-12961-73R-CD23 Laptop Dell Latitude D620 CN-0td761-12961-68N-3566 Laptop Panasonic CF-T8 9JKYA56157 Laptop Panasonic CF-T8 91KYA53036 Laptop Panasonic CF-T8 9JKYA56218 Laptop Panasonic CF-T8 91KYA52917 Laptop Sony PCG-9G1L 2.8105E+14 Printer HP Photosmart 8150 CN555210CG Fax Machine Brother MFC-8500 U56575J1J598843 Monitor Dell E772C CN-09M556-64180-24N-01K3 Computer Dell Optiplex 745 DQQJ5D1 Computer Dell Optiplex GX620 BZWSKB1 Monitor Dell M783S MY0X3782476034B2B64Q Computer Dell Optiplex GX620 FFHXBB1 Computer IBM System 3200 99C6227 Access Point Cisco Aironet FTX13582MT Access Point Cisco Aironet FTX10458460 Access Point Cisco Aironet FTX113807QGB Access Point Cisco Aironet FTX122083KY Access Point Cisco Aironet FTX09538OTT Access Point Cisco Aironet FTX1123B3WR Access Point Cisco Aironet FTX09538OTR Access Point Cisco Aironet FTX09538OTS Access Point Cisco Aironet FTX133284GS Access Point Cisco Aironet FTX1034B13Z Access Point Cisco Aironet FTX123585BS3 Access Point Cisco Aironet FTX12358554 Access Point Cisco Aironet FTX1138843E Access Point Cisco Aironet FTX1023B162 Access Point Cisco Aironet FTX12018128 Access Point Cisco Aironet FTX122083L5 Access Point Cisco Aironet ftx103182rp Access Point Cisco Aironet ftx1045b4nj Access Point Cisco Aironet FTX1034B13T Access Point Cisco Aironet FTX1326834H Access Point Cisco Aironet FTX12188353 Access Point Cisco Aironet FTX1034813R Access Point Cisco Aironet FTX1212802F Camera Nikon Collpix 4100 3632385 Camera Nikon Collpix 4100 3102480 Monitor Dell CRT CN-09M556-64180-24U-00K1 Computer Dell DC7900 2UA9190B3T Laptop HP MINI CNF0276HLM Laptop HP MINI CNF0275YZ9 Laptop HP MINI CNF0285PMM Laptop Dell Latitude D630 7YWMMH1 Laptop Dell Latitude D630 5YWMMH1 Phone Mitel 5212 AVADZ7168 Computer Dell DC7900 2UA93701DF Core Switch Cisco Catalyst 4500 800-21733-08-C6 Core Switch Cisco Catalyst 4500 800-27133-08-C6 Core Switch Cisco Catalyst 4500 800-27133-08-C6 Monitor Dell 19inch CN-OCC280-71618-ABZ5 Computer HP 8000 Elite 2UAO1641M8 Computer Dell Optiplex HG56187DHT Computer Dell Optiplex 1YJPZ41 Computer Dell Dimension CSS9631 Computer Dell Optiplex HB4C561 TV Samsung R-5052 AA6800511C CITY COUNCIL AGENDA DATE: SECTION: Consent June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: City Manager, Rick Getschow Resolution Authorizing Signing Authority Allowing VIII.Q. Police Chief, Rob Reynolds Access To Minnesota Government Access(MGA) Accounts For Electronic Court Records And Documents Requested Action Move to: Adopt Resolution Authorizing Signing Authority Allowing Access to Minnesota Government Access (MGA)Accounts for Electronic Court Records and Documents. Synopsis The Office of State Court Administration developed a new Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies. In order for the City Prosecutor in the City Attorney's Office, to access Court Records, the Master Agreement must be executed. The resolution sets forth the authority of the person(s) executing the agreement. Attachment Resolution CITY OF EDEN PRRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION AUTHORIZING SIGNING AUTHORITY ALLOWING ACCESS TO MINNESOTA GOVERNMENT ACCESS (MGA)ACCOUNTS FOR ELECTRONIC COURT RECORDS AND DOCUMENTS WHEREAS, the new Minnesota Government Access Accounts, allowing government agencies to view appropriate electronic court records and documents stored in the Minnesota Court Information System for cases in Minnesota district courts, require authorization from the governing body; and WHEREAS, the Chief of Police oversees police operations for the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, that Mayor and City Manager are authorized to execute the Master Subscriber Agreement for Minnesota Court Data Services For Governmental Agencies'. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, that with respect to all subsequent agreements, designations, requests , acknowledgments and other documents related to or arising out of the Master Subscriber Agreement the City Council hereby authorized the City Manager as the signing authority to authorize access to MGA Accounts on behalf of the City of Eden Prairie and the Chief of Police as the signing authority to authorize access to MGA Accounts on behalf of the City of Eden Prairie Police Department. ADOPTED by the Eden Prairie City Council on the 16th day of June, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA COURT DATA SERVICES FOR GOVERNMENTAL AGENCIES THIS AGREEMENT is entered into by and between The City of Eden Prairie (Government Subscriber Name) of 8080 Mitchell Road, Eden Prairie, MN 55344 (Government Subscriber Address) (hereinafter "Government Subscriber")and THE STATE OF MINNESOTA Office of State Court Administration of 25 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, Minnesota 55155 (hereinafter"the Court"). Recitals The Court offers Court Data Services, as defined herein, to Minnesota Government Subscribers as authorized by the Rules of Public Access and Court Order. The Court Data Services are offered to Government Subscribers as governmental units and are offered solely for certain governmental use as permitted herein. Government Subscriber desires to use Court Data Services, and the Court desires to provide the same, to assist Government Subscriber in the efficient performance of its governmental duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self-regulatory body. Court Data Services are defined in the Definitions section of this Agreement and may involve a one-way or two-way transmission of information between the parties, some of which may include court information that is not accessible to the public pursuant to the Rules of Public Access and which may not be disclosed by Government Subscriber without the prior approval of the appropriate court or record custodian. Government Subscriber agrees herein to limit its access to and use of Court Records and Court Documents through Court Data Services to the Government Subscriber's"Legitimate Governmental Business Need"as defined herein. Agreement NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein,the Court and Government Subscriber agree as follows: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. 1.1 Term. This Agreement shall be effective on the date executed by the Court and shall remain in effect according to its terms. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 22,2014 Page 1 of 15 1.2 Termination. 1.2.1 Either party may terminate this Agreement with or without cause by giving written notice to the other party. The effective date of the termination shall be thirty (30) days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. Termination of this Agreement pursuant to Clause 4.5 shall be effective immediately and may occur without prior notice to Government Subscriber. 1.2.2 The provisions of Clauses 5, 6, 8, 9, 10, 12.2, 12.3 and 15 through 24 shall survive any termination of this Agreement, as shall any other provisions that by their nature are intended or expected to survive such termination. Upon termination, the Government Subscriber shall perform the responsibilities set forth in paragraph 8.6 hereof. 1.3 Subsequent Agreement. This Agreement may be superseded by a subsequent agreement between the parties. 2. DEFINITIONS. 2.1 "Agency Account Manager" means the Government Subscriber employee assigned with the tasks of: (1) being the point of contact for communications between Government Subscriber and the Court; (2) maintaining a current list Government Subscriber's Individual Users and their signed User Acknowledgment Forms and promptly notifying the Court when Government Subscriber's Individual Users with individual logins should have accounts added or deleted; (3) reporting violations of this agreement by Government Subscriber's Individual Users and steps taken to remedy violations to the Court. 2.2 "Court Data Services" means one or more of the following services and includes any additional or modified services identified as such on the Justice Agency Resource webpage of the Minnesota Judicial Branch website, which is currently www.mncourts.gov, or other location designated by the Court and/or its affiliates, as the same may be amended from time to time by the Court and/or its affiliates: 2.2.1 "Bulk Data Delivery" means the electronic transmission of Court Records in bulk form from the Court to the Government Subscriber, from one or more of the Court's databases and through any means of transmission, as described in applicable Policies&Notices and materials referenced therein. 2.2.2 "Court Integration Services" means pre-defined automated transmissions of i) Court Records from the Court's computer systems to Government Subscriber's computer systems; and/or ii) Government Subscriber Records from the Government Subscriber's computer systems to the Court's computer systems; on a periodic basis or as triggered by pre-determined events, as described in applicable Policies & Notices and materials referenced therein. 2.2.3 "MNCIS Login Accounts" means a digital login account created for and provided to the Government Subscriber for online access to and use of Court Records and Court Documents maintained by the Minnesota Court Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 22,2014 Page 2 of 15 Information System ("MNCIS"), as described in applicable Policies & Notices and materials referenced therein. 2.3 "Court Data Services Databases" means any databases and the data therein, used as a source for Court Data Services, together with any documentation related thereto, including without limitation descriptions of the format or contents of data, data schemas,and all related components. 2.4 "Court Data Services Programs" means any computer application programs, routines, transport mechanisms, and display screens used in connection with Court Data Services, together with any documentation related thereto. 2.5 "Court Records" means all information in any form made available by the Court and/or its affiliates to Government Subscriber for the purposes of carrying out this Agreement, including: 2.5.0 "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information and Court Documents, as defined herein. 2.5.1 "Court Confidential Case Information" means any information in the Court Records (including Court Documents) that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. 2.5.2 "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. 2.5.3 "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. 2.5.4 "Court Documents" means electronic images of documents that are part of or included in a court file. 2.6 "DCA" means the District Court Administrator pursuant to Minnesota Statutes, section 485.01. 2.7 "Government Subscriber Records" means any information in any form made available by the Government Subscriber to the Court and/or its affiliates for the purposes of carrying out this Agreement. 2.8 "Government Subscriber's Individual Users" means Government Subscriber's employees or independent contractors whose use or access of Court Data Services, Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 22, 2014 Page 3 of 15 as well as the access, use and dissemination of Court Records (including Court Documents), is necessary to effectuate the purposes of this Agreement. 2.9 "Legitimate Governmental Business Need" means a requirement, duty or obligation for the efficient performance of governmental tasks or governmental responsibilities and as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self-regulatory body. 2.10 "Policies & Notices" means the policies and notices published by the Court and/or its affiliates in connection with each of its Court Data Services, on a website or other location designated by the Court and/or its affiliates, as the same may be amended from time to time by the Court and/or its affiliates. Policies & Notices for each Court Data Service, hereby made part of this Agreement by reference, provide additional terms and conditions that govern Government Subscriber's use of such services, including but not limited to provisions on fees, access and use limitations, and identification of various third party applications, such as transport mechanisms, that Government Subscriber may need to procure separately to use Court Data Services. 2.11 "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published • from time to time by the Court and/or the SCAO entitled "Limits on Public Access to Case Records" or "Limits on Public Access to Administrative Records," all of which by this reference are made a part of this Agreement. It is the obligation of Government Subscriber to check from time to time for updated rules, lists,and tables and be familiar with the contents thereof. Such rules, lists, and tables are posted on the main website for the Court, for which the current address is www.mncourts.gov. 2.12 "SCAO" means the State of Minnesota, State Court Administrator's Office. 2.13 "This Agreement" means this Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies, including all Exhibits, Policies & Notices, and other documents referenced, attached to, or submitted or issued hereunder. 2.14 "Trade Secret Information of SCAO and its licensors" is defined in sections 8.1, 8.2 and 8.4 of this Agreement. 2.15 "User Acknowledgement Form" means the form attached to this document as Exhibit A, signed by Government Subscriber's Individual Users to confirm in writing that the Individual User has read and understands the requirements and restrictions in this Agreement. 3. DATA ACCESS SERVICES PROVIDED TO GOVERNMENT AGENCY. Following execution of this Agreement by both parties, Government Subscriber will be offered access to the Court Records (including Court Documents) described in the Government Subscriber Access Chart,which is posted on the Policies &Notices. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 22,2014 Page 4 of 15 4. AUTHORIZED ACCESS, USE, AND DISSEMINATION OF COURT DATA SERVICES AND COURT RECORDS LIMITED; TRAINING; VIOLATIONS; SANCTIONS. 4.1 Authorized Access to Court Data Services and Court Records. 4.1.1 Government Subscriber and Government Subscriber's Individual Users shall access only the Court Data Services and Court Records (including Court Documents) necessary for a Legitimate Governmental Business Need. 4.1.2 The access of Court Data Services or Court Records (including Court Documents) by Government Subscriber or Government Subscriber's Individual Users for personal or non-official use, or any use that is not a "Legitimate Governmental Business Need"as defined herein, is prohibited. 4.1.3 Government Subscriber and Government Subscriber's Individual Users shall not access or attempt to access Court Data Services or Court Records (including Court Documents) in any manner not set forth in this Agreement, Policies&Notices, or other Court Data Services documentation. 4.2 Authorized Use of Court Data Services and Court Records. 4.2.1 Government Subscriber and Government Subscriber's Individual Users shall use the Court Data Services and Court Records (including Court Documents) accessed only for a Legitimate Governmental Business Need and according to the instructions provided in corresponding Policies & Notices or other materials. 4.2.2 The use of Court Data Services or Court Records (including Court Documents) by Government Subscriber or Government Subscriber's Individual Users for personal or non-official use, or any use that is not a "Legitimate Governmental Business Need"as defined herein, is prohibited. 4.2.3 Government Subscriber and Government Subscriber's Individual Users shall not use or attempt to use Court Data Services or Court Records (including Court Documents) in any manner not set forth in this Agreement, Policies & Notices,or other Court Data Services documentation. 4.3 Dissemination of Court Records. Government Subscriber and Government Subscriber's Individual Users shall not share the Court Records (including Court Documents) accessed and data therefrom with third parties and other individuals other than as needed to further a Legitimate Governmental Business Need. 4.4 Training. Government Subscriber shall provide Government Subscriber's Individual Users training in the proper access, use, and dissemination of Court Records (including Court Documents). 4.5 Violations. 4.5.1 The access, use, or dissemination of Court Data Services or Court Records (including Court Documents) beyond what is necessary for a Legitimate Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 22,2014 Page 5 of 15 Governmental Business Need by Government Subscriber or Government Subscriber's Individual Users is a violation of this Agreement. The access, use or dissemination of Court Data Services or Court Records (including Court Documents) by Government Subscriber or Government Subscriber's Individual Users for personal use is a violation of this Agreement. 4.5.2 Any violation pursuant to Clause 4.5.1, or any unauthorized or attempted access, use or dissemination of Court Data Services, Court Records or Court Documents by Government Subscriber or Government Subscriber's Individual Users shall be grounds for the Court to impose sanctions as described in Clause 4.6 and to terminate this Agreement without prior notice to Government Subscriber and/or Government Subscriber's Individual Users. 4.6 Sanctions. 4.6.1 Sanctions for a violation pursuant to Clause 4.5.1 may be imposed upon a Government Subscriber and/or Government Subscriber's Individual Users and may include the suspension of access or termination of access for Government Subscriber and/or Government Subscriber's Individual Users. 4.6.2 If the Court decides to terminate the access for Government Subscriber and/or Government Subscriber's Individual Users,the Court shall notify the affected party in writing. The termination shall be effective immediately. Prior notice to Government Subscriber and/or Government Subscriber's Individual Users is not required. Reinstatement of the access shall only be upon the written direction of the Court. 5. GUARANTEES OF CONFIDENTIALITY. Government Subscriber agrees: 5.1 To not disclose Court Confidential Information to any third party except where necessary to carry out the Government Subscriber's Legitimate Governmental Business Need as defined in this Agreement. 5.2 To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Government Subscriber's obligations under this Agreement. 5.3 To limit the use of and access to Court Confidential Information to Government Subscriber's Individual Users. Government Subscriber shall advise Government Subscriber's Individual Users of the restrictions upon access, use and disclosure contained in this Agreement, requiring each Government Subscriber's Individual User to acknowledge in writing that the individual has read and understands such restrictions. Government Subscriber's Individual Users shall sign the User Acknowledgment Form attached in Exhibit A before accessing Court Data Services. 5.4 That, without limiting Clause 1 of this Agreement, the obligations of Government Subscriber and Government Subscriber's Individual Users with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Agreement and the termination of their relationship with Government Subscriber. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 22, 2014 Page 6 of 15 5.5 That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Government Subscriber and Government Subscriber's Individual Users under this Agreement, such obligations of Government Subscriber and Government Subscriber's Individual Users are founded independently on the provisions of this Agreement. 5.6 That, a violation of Government Subscriber's agreements contained in this Clause 5, or a violation of those same agreements by Government Subscriber's Individual Users, shall be grounds for the Court to terminate this agreement and Government Subscriber and/or Government Subscriber's Individual Users access to Court Data Services and Court Records (including Court Documents). 6. APPLICABILITY TO COURT CASE INFORMATION PROVIDED UNDER LEGAL MANDATE AND PREVIOUSLY DISCLOSED COURT RECORDS AND COURT DOCUMENTS. Subscriber acknowledges and agrees: 6.1 Court Case Information Provided Under Legal Mandate. When the Court is required to provide Government Subscriber with Court Case Information under a legal mandate and the provision of such data by the Court is not optional or otherwise left to the discretion of the Court, for example in the case of a state statutory reporting requirement, the provisions of this Agreement that govern or restrict Government Subscriber's access to and use of Court Case Information do not apply to the specific data elements identified in the legal mandate, but remain in effect with respect to all other Court Case Information provided by the Court to Government Subscriber. All other provisions of this Agreement remain in full effect, including, without limitation, provisions that govern or restrict Government Subscriber's access to and use of Court Confidential Security and Activation Information. 6.2 Previously Disclosed Court Records and Court Documents. Without limiting section 6.1, all Court Records and Court Documents disclosed to Government Subscriber prior to the effective date of this Agreement shall be subject to the provisions of this Agreement. 7. ACKNOWLEDGMENT BY INDIVIDUALS WITH ACCESS TO COURT RECORDS UNDER THIS AGREEMENT. 7.1 Requirement to Advise Government Subscriber's Individual Users. To affect the purposes of this Agreement, Government Subscriber shall advise each of Government Subscriber's Individual Users who are permitted to use and/or access Court Data Services and Court Records (including Court Documents) under this Agreement of the requirements and restrictions in this Agreement. 7.2 Required Acknowledgement by Government Subscriber's Individual Users. 7.2.1 Government Subscriber shall require each of Government Subscriber's Individual Users to sign the User Acknowledgement Form (Exhibit A). 7.2.2 The User Acknowledgement Forms of current Government Subscriber's Individual Users must be obtained prior to submitting this Agreement to the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 22, 2014 Page 7 of 15 Court for approval and shall accompany the submission of this Agreement for approval. 7.2.3 Until the User Acknowledgement Form required in Clause 7.2.1 is signed, a Government Subscriber's Individual User is prohibited from accessing, using or disseminating Court Data Services and Court Records (including Court Documents). The access, use or dissemination of Court Data Services or Court Records (including Court Documents) by a Government Subscriber's Individual User that has not completed a User Acknowledgement Form as required in Clause 7.2.1 is a violation of this Agreement. 7.2.4 Government Subscriber shall keep all such written User Acknowledgment Forms on file while this Agreement is in effect and for one (1) year following the termination of this Agreement. Government Subscriber shall promptly provide the Court with access to, and copies of, such acknowledgements upon request to the Agency Account Manager. 7.2.5 The User Acknowledgment Forms are incorporated herein by reference. 8. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Agreement, subject to the terms and conditions hereof, the Court, with the permission of the SCAO, hereby grants to Government Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive Court Records (including Court Documents). SCAO and the Court reserve the right to make modifications to the Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Government Subscriber. These modifications shall be treated in all respects as their previous counterparts. 8.1 Court Data Services Programs. SCAO is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of SCAO and its licensors. 8.2 Court Data Services Databases. SCAO is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of SCAO and its licensors. 8.3 Marks. Government Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Court Data Services, including but not limited to the marks"MNCIS"and"Odyssey." 8.4 Restrictions on Duplication,Disclosure,and Use. 8.4.1 Trade secret information of SCAO and its licensors will be treated by Government Subscriber in the same manner as Court Confidential Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 22, 2014 Page 8 of 15 • Information. In addition, Government Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of SCAO or its licensors, in any way or for any purpose not specifically and expressly authorized by this Agreement. As used herein, "trade secret information of SCAO and its licensors" means any information possessed by SCAO which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of SCAO and its licensors" does not, however, include information which was known to Government Subscriber prior to Government Subscriber's receipt thereof, either directly or indirectly, from SCAO or its licensors, information which is independently developed by Government Subscriber without reference to or use of information received from SCAO or its licensors, or information which would not qualify as a trade secret under Minnesota law. 8.4.2 It will not be a violation of Clause 8.4 for Government Subscriber to make up to one (1) copy of training materials and configuration documentation for each individual authorized to access, use, or configure Court Data Services, solely for its own use in connection with this Agreement. 8.4.3 Government Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of SCAO and its licensors and Government Subscriber will advise Government Subscriber's Individual Users who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of SCAO and its licensors, of the restrictions upon duplication, disclosure and use contained in this Agreement. 8.5 Proprietary Notices. Government Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of SCAO and its licensors, or any part thereof, made available by SCAO or the Court, and Government Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of SCAO and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Government Subscriber by SCAO or the Court,except that copyright notices shall be updated and other proprietary notices added as may be appropriate. 8.6 Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, made available by the Court and SCAO to Government Subscriber hereunder, and all copies, including partial copies, thereof are and remain the property of the respective licensor. Within ten days of the effective date of termination of this Agreement, Government Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 22, 2014 Page 9 of 15 materials, if any, and logon account information; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8.7 Reasonable Security Measures. The Court may add reasonable security measures including, but not limited to, a time-out feature, to Court Data Services Programs. 9. INJUNCTIVE RELIEF; LIABILITY. Government Subscriber acknowledges that the Court, SCAO, SCAO's licensors, and DCA will be irreparably harmed if Government Subscriber's obligations under this Agreement are not specifically enforced and that the Court, SCAO, SCAO's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Government Subscriber of its obligations. Therefore, Government Subscriber agrees that the Court, SCAO, SCAO's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Government Subscriber or Government Subscriber's Individual Users without the necessity of the Court, SCAO, SCAO's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Government Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Government Subscriber shall be liable to the Court, SCAO, SCAO's licensors, and DCA for reasonable attorney's fees incurred by the Court, SCAO, SCAO's licensors, and DCA in obtaining any relief pursuant to this Agreement. 10. COMPROMISE LIABILITY. Government Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law.. Without limiting the foregoing, liability of the Court and any Government Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Government Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. 11. AVAILABILITY. Specific terms of availability shall be established by the Court and set forth in the Polices & Notices. The Court reserves the right to terminate this Agreement immediately and/or temporarily suspend Government Subscriber's approved Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. Monthly fees, if any, shall be prorated only for periods of suspension or upon termination of this Agreement. 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Government Subscriber set forth in this section are in addition to the other obligations of the Government Subscriber set forth elsewhere in this Agreement. 12.1 Judicial Policy Statement. Government Subscriber agrees to comply with all policies identified in applicable Policies &Notices. Upon failure of the Government Subscriber to comply with such policies, the Court shall have the option of immediately suspending or terminating the Government Subscriber's Court Data Services on a temporary basis and/or immediately terminating this Agreement. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 22,2014 Page 10 of 15 12.2 Access and Use; Log. 12.2.1 Government Subscriber shall be responsible for all access to and use of Court Data Services and Court Records (including Court Documents) by Government Subscriber's Individual Users or by means of Government Subscriber's equipment or passwords, whether or not Government Subscriber has knowledge of or authorizes such access and use. 12.2.2 Government Subscriber shall also maintain a log identifying all persons to whom Government Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Government Subscriber shall maintain such logs while this Agreement is in effect and for a period of one (1) year following termination of this Agreement. Government Subscriber shall promptly provide the Court with access to,and copies of, such logs upon request. 12.2.3 Government Subscriber, through the Agency Account Manager, shall promptly notify the Court when Government Subscriber's Individual Users with individual logins should have accounts added or deleted. Upon Government Subscriber's failure to notify the Court of these changes, the Court may terminate this Agreement without prior notice to Government Subscriber. 12.2.4 The Court may conduct audits of Government Subscriber's logs and use of Court Data Services and Court Records (including Court Documents) from time to time. Upon Government Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Agreement without prior notice to Government Subscriber. 12.3 Personnel. Government Subscriber agrees to investigate (including conducting audits), at the request of the Court, allegations of misconduct pertaining to Government Subscriber's Individual Users having access to or use of Court Data Services, Court Confidential Information, or trade secret information of the SCAO and its licensors where such persons violate the provisions of this Agreement, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. Government Subscriber, through the Agency Account Manager, agrees to notify the Court of the results of such investigation, including any disciplinary actions, and of steps taken to prevent further misconduct. Government Subscriber agrees to reimburse the Court for costs to the Court for the investigation of improper use of Court Data Services, Court Records (including Court Documents), or trade secret information of the SCAO and its licensors. 13. FEES AND INVOICES. Applicable monthly fees commence ten (10) days after notice of the Court's approval of this Agreement or upon the initial Government Subscriber transaction as defined in the Policies&Notices,whichever occurs earlier. When fees apply, the State shall invoice Government Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within thirty (30) days of the date of the invoice, the Court may immediately cancel this Agreement without notice to Government Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 22, 2014 Page 11 of 15 Subscriber and pursue all available legal remedies. Government Subscriber certifies that funds have been appropriated for the payment of charges under this Agreement for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. SCAO may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies &Notices, which shall not be less than thirty (30) days from the publication of the Policies & Notices. Government Subscriber shall have the option of accepting such changes or terminating this Agreement as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. 15.1 WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, SCAO, SCAO'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. 15.2 ACCURACY, COMPLETENESS AND AVAILABILITY OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, SCAO, SCAO'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. THE COURT IS NOT LIABLE FOR ANY COURT RECORDS OR COURT DOCUMENTS NOT AVAILABLE THROUGH COURT DATA SERVICES DUE TO COMPUTER OR NETWORK MALFUNCTION, MISTAKE OR USER ERROR. 16. RELATIONSHIP OF THE PARTIES. Government Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, SCAO, SCAO'S licensors, or DCA. Neither Government Subscriber nor the Court, SCAO, SCAO'S licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in Clause 2 regarding notices of or modifications to Court Data Services and Policies & Notices, and in Clauses 13 and 14 regarding notices of or modification of fees, any notice to Court or Government Subscriber, hereunder shall be deemed to have been received when personally delivered in writing or seventy-two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by either Party at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 22, 2014 Page 12 of 15 either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither party shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Party may assign, delegate and/or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any corporation or other legal entity into, by or with which Government Subscriber may be merged, acquired or consolidated or which may purchase the entire assets of Government Subscriber. 22. GOVERNING LAW. This Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Agreement, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Government Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Agreement sets forth the entire Agreement and understanding between the Parties regarding the subject matter hereof and supersedes any prior representations, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter. Except as otherwise expressly provided in Clause 2 regarding Court Data Services and Policies & Notices, and in Clauses 13 and 14 regarding fees, any amendments or modifications to this Agreement shall be in writing signed by both Parties. 25. MINNESOTA DATA PRACTICES ACT APPLICABILITY. If Government Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act,Minn. Stat. Ch. 13, Government Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Government Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided under this Agreement; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 22, 2014 Page 13 of 15 IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Agreement, intending to be bound thereby. 1. GOVERNMENT SUBSCRIBER 2. THE COURT Government Subscriber must attach documented verification of authority to sign on behalf of and bind the entity, such a council resolution, board authority or legally binding d ision make and attach same as ibit B. \ * , 1 J ` By 1,af�►/ By (SIGNAT RE) (SIGNATURE) Date 2.—2-3 --1 S' Date Name (typed) Rick Getschow Title City Manager Title CIO/Director Information Technology Division of State Court Office City of Eden Prairie Office Administration By Form and execution approved (SIGNATURE) 3' for Court by: Date 6-16-2015 Name (typed) Nancy Tyra-Lukens By: (SIGNATURE) Title Mayor Title: Staff Attorney- Legal Counsel Division Office City of Eden Prairie Date: Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 22, 2014 Page 14 of 15 Exhibit A Court Data Services User Acknowledgment Form The Agency identified below that I work for has contracted with the Office of State Court Administration (the "Court") for the access and use of the Court's Records and Documents. Under that contract, the Agency is required to have employees, student attorneys and contractors sign the written acknowledgment below before they are permitted access. I, dehtAmf sp ctuV LG , as an employee/student attorney/contractor of C uh o-F a\-PXI Pf tv-t-E. ("the Agency"), state the following: 1. I have read and understand the requirements and restrictions in the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies between the Agency and the Court. 2. I understand that I am not to share my login and password information. 3. I shall access and use the Court Records and Court Documents provided for only "legitimate governmental business needs." I understand a "legitimate governmental business need" is limited to a requirement, duty or obligation for the efficient performance of governmental tasks or governmental responsibilities that is required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self- regulatory body. 4. I shall not access or use Court Records or Court Documents for personal or non-official use or any use that is not a legitimate governmental business need as defined in paragraph 3, above. 5. I will not share Court Records or Court Documents with third parties other than as needed to further legitimate governmental business needs as defined in paragraph 3, above. 6. I understand that the Court is not liable for any Court Records or Court Documents not available due to computer or network malfunction, mistake or user error. The Court makes no warranties as to the completeness or accuracy of the Court Records and Court Documents provided. 7. I agree to notify the Court when I no longer work for the Agency or no longer have a legitimate governmental business need for Court Records and Court Documents. I agree to stop accessing court records and documents when this occurs. 8. I understand that should I violate paragraphs 3., 4., or 5., it would result in the suspension or termination of my access to Court Records and Documents, and may result in the suspension or termination of the access to Court Records and Documents by the Agency, and other civil and criminal liability. • 6"?" Le 15 ` 1M50-0G (Date: By. ployee/Stu nt Attorney/Coor for Agenc Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 22, 2014 Page 15 of 15 Exhibit A Court Data Services User Acknowledgment Form The Agency identified below that I work for has contracted with the Office of State Court Administration (the "Court") for the access and use of the Court's Records and Documents. Under that contract, the Agency is required to have employees, student attorneys and contractors sign the written acknowledgment below before they are permitted access. I, I of Ge.YGIAre.t" L - c-VAAi , as an employee/student attorney/contractor of 6!717' F ff 2_f t7 C. ("the Agency"), state the following: `J 1. I have read and understand the requirements and restrictions in the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies between the Agency and the Court. 2. I understand that I am not to share my login and password information. 3. I shall access and use the Court Records and Court Documents provided for only "legitimate governmental business needs." I understand a "legitimate governmental business need" is limited to a requirement, duty or obligation for the efficient performance of governmental tasks or governmental responsibilities that is required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self- regulatory body. 4. I shall not access or use Court Records or Court Documents for personal or non-official use or any use that is not a legitimate governmental business need as defined in paragraph 3, above. 5. I will not share Court Records or Court Documents with third parties other than as needed to further legitimate governmental business needs as defined in paragraph 3, above. 6. I understand that the Court is not liable for any Court Records or Court Documents not available due to computer or network malfunction, mistake or user error. The Court makes no warranties as to the completeness or accuracy of the Court Records and Court Documents provided. 7. I agree to notify the Court when I no longer work for the Agency or no longer have a legitimate governmental business need for Court Records and Court Documents. I agree to stop accessing court records and documents when this occurs. 8. I understand that should I violate paragraphs 3., 4., or 5., it would result in the suspension or termination of my access to Court Records and Documents, and may result in the suspension or termination of the access to Court Records and Documents by the Agency, and other civil and criminal liability. Date: Z fI 1 3/c° 5 By: ( Employee/Student Attorney/Contractor for Agency Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 22, 2014 Page 15 of 15 Exhibit A Court Data Services User Acknowledgment Form The Agency identified below that I work for has contracted with the Office of State Court Administration (the "Court") for the access and use of the Court's Records and Documents. Under that contract, the Agency is required to have employees, student attorneys and contractors sign the written acknowledgment below before they are permitted access. I, v 1 C'JIC_.1 , as an employee/student attorney/contractor of o- erlan ae-- ("the Agency"), state the following: 1. I have read and understand the requirements and restrictions in the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies between the Agency and the Court. 2. I understand that I am not to share my login and password information. 3. I shall access and use the Court Records and Court Documents provided for only "legitimate governmental business needs." I understand a "legitimate governmental business need" is limited to a requirement, duty or obligation for the efficient performance of governmental tasks or governmental responsibilities that is required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self- regulatory body. 4. I shall not access or use Court Records or Court Documents for personal or non-official use or any use that is not a legitimate governmental business need as defined in paragraph 3, above. 5. I will not share Court Records or Court Documents with third parties other than as needed to further legitimate governmental business needs as defined in paragraph 3, above. 6. I understand that the Court is not liable for any Court Records or Court Documents not available due to computer or network malfunction, mistake or user error. The Court makes no warranties as to the completeness or accuracy of the Court Records and Court Documents provided. 7. I agree to notify the Court when I no longer work for the Agency or no longer have a legitimate governmental business need for Court Records and Court Documents. I agree to stop accessing court records and documents when this occurs. 8. I understand that should I violate paragraphs 3., 4., or 5., it would result in the suspension or termination of my access to Court Records and Documents, and may result in the suspension or termination of the access to Court Records and Documents by the Agency, and other civil and criminal liability. Date: 3 15 By: UC/ICI Employee/Student Attorney/Contractor for Agency Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 22. 2014 Page 15 of 15 Exhibit A Court Data Services User Acknowledgment Form The Agency identified below that I work for has contracted with the Office of State Court Administration (the "Court") for the access and use of the Court's Records and Documents. Under that contract, the Agency is required to have employees, student attorneys and contractors sign the written acknowledgment below before they are permitted access. j1.2�,, _ , as an employee/student attorney/contractor of Q P�iE—� J 1 P1Jfljt, ("the Agency"), state the following: 1. I have read and understand the requirements and restrictions in the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies between the Agency and the Court. 2. I understand that I am not to share my login and password information. 3. I shall access and use the Court Records and Court Documents provided for only "legitimate governmental business needs." I understand a "legitimate governmental business need" is limited to a requirement, duty or obligation for the efficient performance of governmental tasks or governmental responsibilities that is required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self- regulatory body. 4. I shall not access or use Court Records or Court Documents for personal or non-official use or any use that is not a legitimate governmental business need as defined in paragraph 3, above. 5. I will not share Court Records or Court Documents with third parties other than as needed to further legitimate governmental business needs as defined in paragraph 3, above. 6. I understand that the Court is not liable for any Court Records or Court Documents not available due to computer or network malfunction, mistake or user error. The Court makes no warranties as to the completeness or accuracy of the Court Records and Court Documents provided. 7. I agree to notify the Court when I no longer work for the Agency or no longer have a legitimate governmental business need for Court Records and Court Documents. I agree to stop accessing court records and documents when this occurs. 8. I understand that should I violate paragraphs 3., 4., or 5., it would result in the suspension or termination of my access to Court Records and Documents, and may result in the suspension or termination of the access to Court Records and Documents by the Agency, and other civil and criminal liability. Date: 3 5 I By: . � Employee/Student tt rney/Contractor for Agency Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 22,2014 Page 15 of 15 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO: IX.A. Office of City Manager Resolution Approving Issuance by the City of Sue Kotchevar, Finance Deephaven, Minnesota, of its Charter School Manager Lease Revenue Bonds, Series 2015A and Series 2015B (Eagle Ridge Academy Project) Requested Action Move to: • Close the public hearing; and • Adopt resolution approving the issuance by the City of Deephaven, Minnesota of its Charter School Lease Revenue Bonds, Series 2015A and Series 2015B (Eagle Ridge Academy Project) Synopsis In June, 2013 the City of Deephaven issued bonds for the purpose of financing the project costs on behalf of Eagle Ridge Academy Affiliated Building Company. The City of Eden Prairie did not issue the bonds because of planned debt issuance in 2013 which would have affected the City's ability to maintain bank qualified bonds and a lower interest rate. The City of Deephaven now plans to issue bonds for the purpose of refinancing the project costs on behalf of Eagle Ridge Academy Affiliated Building Company. The project consisted of the acquisition, improvement, betterment or extension of approximately 77,848 square foot charter school facility located at 7255 Flying Cloud Drive, Eden Prairie. Background Because the project is located in Eden Prairie, federal regulations require the City hold a public hearing to give parties an opportunity to express their views. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION APPROVING THE ISSUANCE BY THE CITY OF DEEPHAVEN, MINNESOTA OF ITS CHARTER SCHOOL LEASE REVENUE BONDS, SERIES 2015A AND SERIES 2015B (EAGLE RIDGE ACADEMY PROJECT) BE IT RESOLVED by the City Council (the "Council") of the City of Eden Prairie, Minnesota(the"City"), as follows: Section 1. Recital. This Council has received notice that the City of Deephaven, Minnesota(the"Issuer") intends to issue revenue bonds for the purpose of refinancing a project located at 7255 Flying Cloud Drive in the City(the "Project") on behalf of Eagle Ridge Academy Affiliated Building Company, a Minnesota nonprofit corporation (the"Corporation"), and leased to and operated by Eagle Ridge Academy, a public charter school sponsored by Friends of Education (the "Academy"). Section 2. Findings. At a public hearing, duly noticed and held on the date hereof, in accordance with Section 147(f) of the Internal Revenue Code of 1986, on the proposal to approve the refinancing of the Project, all parties who appeared at the hearing were given an opportunity to express their views with respect to the proposal to refinance the Project and interested persons were given the opportunity to submit written comments to the City Clerk before the time of the hearing. Based on the public hearing, such written comments (if any) and such other facts and circumstances, as this Council deems relevant, this Council hereby finds, determines and declares as follows: (a) The Issuer intends to issue revenue bonds on behalf of the Corporation for a public education facility. Based on the representations of the Corporation and the Academy, the Project will consist of, among other things, the refunding of all or a portion of the City's Charter School Lease Revenue Bonds (Eagle Ridge Academy Project), Series 2013A and its Taxable Charter School Lease Revenue Bonds (Eagle Ridge Academy Project) Series 2013B which were issued to finance an approximately 77,548 square foot charter school facility in the City. (b) The maximum aggregate face amount of the obligations to be issued with respect to the Project is $12,500,000. (c) The Project is owned by the Corporation and leased to and operated by the Academy. Section 3. Approval. The City hereby approves the issuance of bonds by the City of Deephaven, Minnesota to refinance the Project. ADOPTED by the Eden Prairie City Council on the 16t1 day of June, 2015. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Public Meetings June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 12-5821 ITEM NO.: IX.B. Leslie Stovring Draft Local Water Management Plan Public Works/Engineering Requested Action Move to: • Close the public meeting; and • Adopt the Draft Local Water Management Plan; and • Approve submittal of the Draft Local Water Management Plan to the three watershed districts, the Board of Water and Soil Resources,Hennepin County, Department of Natural Resources and Metropolitan Council. Synopsis The Local Water Management Plan(LWMP)was updated to meet the requirements of the Water Management Plan updates that were completed by the three local watershed districts. The LWMP includes a Capital Improvement Plan(CIP) for specific projects as well as general funding for water quality improvement projects from 2015 through 2024. The primary funding source for the CIP is the stormwater utility fund. Staff recommends submittal of the LWMP to the agencies for review. Background Information The Local Water Management Plan(LWMP)update was completed by Wenck Associates and was posted online for public review and comment. The LWMP will be incorporated into the City's Comprehensive Guide Plan as required by the Metropolitan Council. The LWMP was developed to consolidate information on our overall surface water management objectives, including management of our lakes,wetlands, stormwater ponds and creeks. The LWMP is also intended to meet the requirements outlined in the Water Management Plans developed by the Watershed Districts within the City. An Implementation Plan and Capital Improvement and Funding Plan are included in the LWMP. Appendices B and D were published as separate documents. Appendix D, the Stream Assessment Report, is attached. Appendix B, the HydroCAD model results, is not attached due to the length and technical nature of the document. The February 17, 2015 City Council Workshop included a preliminary review of the LWMP. A Public Meeting for the Local Water Management Plan(LWMP)was scheduled for June 16, 2015 with a comment period through June 26, 2015. The final report will be submitted to local, county and state agencies as required, including the Metropolitan Council, Dept. of Natural Resources, Hennepin County, Board of Water and Soil Resources, and the Riley-Purgatory-Bluff Creek,Nine Mile Creek and Lower Minnesota River Watershed Districts. Attachments Draft Local Water Management Plan Draft Stream Assessment(Appendix D) Local Water Management Plan June2015 DRAFT rigNir kie4ei....-it- -6: • •'4', ll, •,- , le 7 41' W y k �d f ,I yin - .••W I k•0 `a r 1 1i!. +, I rf i b i N A "iN 1 4I z... g, ,„ . -- , r ;k......__ b\ �:__- .�aritstetinf ,` ,� 1 City of Eden Prairie, Minnesota 'n, IIIII ,, 8080 Mitchell Road Eden Prairie, MN 55344EDEN 952-949-3000 PRAIRIE edenprairie.org LrIE.WORK-DREAM City of Eden Prairie, Minnesota Local Water Management Plan Adopted xxxxxxxxxx xx, 2015 COUNCIL: i Nancy Tyra-Lukens, Mayor , Brad Aho - Sherry Butcher Wickstrom f j r Ron Case % .0, ,w fro Kathy Nelson -sa.. �" ii ;��4 it ECOMMISSION: CONS CONSERVATION � • •�; 1 �, �� ,,• Greg Olson,Chair ., Ili Laura Jester,Vice Chair ' Prashant Shrikhande Lori Tritz i -< \ I i\' 1'' � 1 Amanda Anderson h, �' �� s " 1 'iy, I If i\ f� 4. Gena Gerard �+j ' ' , I I' Fr .l' 11? '' y �. I . • � .' - 1. �9 Ik y' i� 1r STAFF: Leslie Stovring, Environmental Coordinator o-- , ` ': 1 1. 'll i' - i� X4 Robert Ellis, Public Works Director °'� f �' Rod Rue,City Engineer ` y\ - Carter Schulze,Senior Project Engineer \ \--- 1 Regina Dean,Senior Planner Rick Wahlen, Manager of Utility Operations / ^ I \J Rick Getschow, City Manager Photos: City of Eden Prairie WENCK ASSOCIATES, INC.: V�V Prepared by: Wenck Associates,Inc. Diane Spector, Project Manager WENCK 7500 Highway 55 Todd Shoemaker, P.E. Suite 300 ESECEME Kirby Templin, E.I.T. Golden Valley,MN 55427 Responsive partner. Phone:763-252-6800 File 0094-31 Exceptional outcomes. Wenck.com Table of Contents ACRONYMS v EXECUTIVE SUMMARY vi 1.0 INTRODUCTION 1-1 1.1 Purpose 1-1 1.2 Relationship to Other City Plans 1-1 1.2.1 Local Drainage Plan Update 1-1 1.2.2 Comprehensive Wetland Protection and Management Plan 1-1 1.2.3 Storm Water Pollution Prevention Program 1-2 1.3 Relationship to Other Plans 1-2 1.3.1 Metropolitan Council Water Resources Policy Plan 1-2 1.3.2 Minnesota River Basin Plan 1-2 1.4 Relationship to Other Regulatory Agencies 1-3 2.0 REGULATORY FRAMEWORK 2-1 2.1 Eden Prairie Ordinances and Policies 2-1 2.2 State Agency Regulatory Framework 2-1 2.2.1 Metropolitan Council (Met Council) 2-1 2.2.2 Minnesota Pollution Control Agency(MPCA) 2-2 2.2.3 Minnesota Department of Health (MDH) 2-2 2.2.4 Minnesota Department of Natural Resources(DNR) 2-2 2.2.5 Watershed Districts 2-3 2.3 Water Resource Related Agreements 2-3 2.4 Wetland Conservation Act 2-5 2.5 Relationship to NPDES Stormwater Permit 2-5 2.6 Use Attainability Analyses/TMDLs 2-5 3.0 WATER RESOURCES INVENTORY 3-1 3.1 Physical Environment 3-1 3.1.1 Geology and Soils 3-1 3.1.2 Climate and Precipitation 3-1 3.2 Biological Environment 3-1 3.3 Human Environment 3-1 3.3.1 Land Use 3-1 3.3.2 Parks,Open Space, Recreational Facilities 3-4 3.3.3 Pollutant Sources 3-4 3.4 Watersheds 3-4 3.4.1 Riley-Purgatory-Bluff Creek Watershed District 3-5 3.4.2 Nine Mile Creek Watershed District 3-7 3.4.3 Lower Minnesota River Watershed District 3-7 3.5 Surface Water 3-7 3.6 Groundwater 3-9 3.7 Flood Data 3-10 3.7.1 Floodplain 3-10 3.7.2 Localized Flooding Issues 3-10 4.0 ASSESSMENT OF PROBLEMS,ISSUES AND REQUIREMENTS 4-1 4.1 Stormwater Pond Inventory and Assessment 4-1 4.2 Wetland Inventory 4-6 4.3 Hydrologic Modeling 4-6 4.4 Problems, Issues and Requirements Identification 4-8 i I F a g e D R A F T 2 0 1 5 Table of Contents 5.0 GOALS AND POLICIES 5-1 5.1 Goals and Policies 5-1 5.2 Relationship to Other Agencies'Goals and Policies 5-4 6.0 IMPLEMENTATION PLAN 6-1 6.1 Implementation Plan Prioritization 6-1 6.2 Permitting and Enforcement 6-1 6.2.1 Current Ordinances 6-1 6.2.2 NPDES Permit Implementation Requirements 6-2 6.2.3 Watershed District Requirements 6-2 6.2.4 Potential Ordinance Revisions 6-4 6.3 Implementation Programs and Projects 6-4 6.3.1 Education and Outreach 6-4 6.3.2 Maintenance and Operations 6-5 6.3.3 Capital Projects 6-5 6.4 Addressing Identified Problems and Issues 6-6 7.0 FUNDING CONSIDERATIONS 7-1 7.1.1 Stormwater Utility Fees 7-1 7.1.2 Watershed District Funding 7-1 7.1.3 Other Funding Sources 7-1 8.0 AMENDMENTS TO THE PLAN 8-1 8.1.1 Public Requests for Amendment 8-1 8.1.2 Staff Amendments 8-1 9.0 PLANNING PROCESS 9-1 10.0 REFERENCES 10-1 ��I Table of Contents TABLES Table 2.1. Impaired Waters in Eden Prairie. 2-6 Table 2.2. Lake Use Attainability Analyses(UAAs). 2-6 Table 3.1. Climate and precipitation data at Chanhassen, 1981-2010 3-1 Table 3.2. 2010 land use in the City of Eden Prairie. 3-1 Table 3.3.Watershed districts within Eden Prairie. 3-5 Table 3.4.Water quality standards for lakes in the North Central Hardwood Forest Ecoregion. 3-9 Table 3.5. Characteristics of Eden Prairie lakes. 3-9 Table 4.1. Basins for which an inventory and assessment have been completed. 4-2 Table 4.2. Identified problems, issues and requirements. 4-8 Table 6.1.Watershed districts standards compared to current Eden Prairie ordinances 6-1 Table 6.2. Implementation actions addressing identified problems and issues 6-6 Table 7.1. Eden Prairie Stormwater Utility rates for 2015 7-1 FIGURES Figure 1.1. City of Eden Prairie location map. vii Figure 2.1.Watershed Management Organizations in the city of Eden Prairie. 2-4 Figure 3.1. City of Eden Prairie Hydrologic Soil Groups. 3-1 Figure 3.2. Eden Prairie 2010 land use and 2020 MUSA limits. 3-2 Figure 3.3. Eden Prairie 2030 land use. 3-3 Figure 3.4.Watershed Management Organizations with land in Eden Prairie. 3-6 Figure 3.5. Lakes and streams in Eden Prairie. 3-8 Figure 5.1. Inventoried stormwater system basins as of 2014. 4-3 Figure 5.2. Pond Inventory Program phases as of 2015. 4-5 Figure 5.3. Eden Prairie HydroCAD models. 4-7 APPENDICES Appendix A: Budget and Capital Improvement Program (CIP) Appendix B: Hydrologic Modeling Results(supplemental document) Appendix C: Lakes Information Appendix D: Stream Assessment(supplemental document) iiil P a g e DR A F T June 2015 Acronyms BMP Best Management Practice BWSR Board of Water and Soil Resources cfs cubic feet per second cfu colony-forming unit Chl-a chlorophyll-a CIP Capital Improvement Program CWPMP Comprehensive Wetland Protection and Management Plan DNR Department of Natural Resources DO dissolved oxygen ELC Environmental Learning Center EPA or USEPA US Environmental Protection Agency F-IBI Index of Biotic Integrity for fish JPA Joint Powers Agreement LA load allocation LGU Local Government Unit LMRWD Lower Minnesota River Watershed District LWMP Local Water Management Plan MCM Minimum Control Measure mg/L milligrams per liter Met Council Metropolitan Council M-IBI Index of Biotic Integrity for macroinvertebrates MOU Memorandum of Understanding MPCA Minnesota Pollution Control Agency MS4 Municipal Separate Storm Sewer System NMCWD Nine Mile Creek Watershed District NPDES National Pollutant Discharge Elimination System NWI National Wetland Inventory RPBCWD Riley-Purgatory-Bluff Creek Watershed District SD Secchi depth or Secchi disc SWPPP Storm Water Pollution Prevention Program TMDL Total Maximum Daily Load TP total phosphorus TSS total suspended solids UAA Use Attainability Analysis µa microgram per liter WD Watershed District WLA wasteload allocation WMO Watershed Management Organization WOMP Watershed Outlet Monitoring Program iv 1 Executive Summary The City of Eden Prairie, Minnesota is located in southern Hennepin County(see Figure 1.1). It is bordered on the east by the Cities of Bloomington and Edina;on the north by Minnetonka;and on the west by Chanhassen. Its southern border is the Minnesota River.The City has land in five watersheds that are within three watershed districts: Riley-Purgatory-Bluff Creek; Nine Mile Creek; and the Lower Minnesota River Watershed Districts. This Local Water Management Plan (LWMP)was prepared in conformance with Minnesota Statutes 1036.235 and Minnesota Rules 8410.This plan is intended to provide the City of Eden Prairie with information and direction in the administration and implementation of water resource management activities within the City during the period 2015-2024. It serves as a guide to projects, provides for effective allocation of resources, and sets forth a funding plan for projects and programs over the next 5 to 10 years. A number of water resources-related problems, issues and requirements were identified in this planning process. These include: A Some of the lakes and streams in the City do not meet the state's water quality standards for recreation and aquatic life. A The reissue of the State of Minnesota's NPDES General Stormwater Permit in 2013 requires local governments such as Eden Prairie to adopt and enforce standards for development and redevelopment which limit stormwater runoff from sites over one acre in size. A New or expanded maintenance and administrative responsibilities are required in the NPDES permit to control runoff and protect and improve water quality from municipal facilities. A New invasive aquatic vegetation and aquatic invasive species have been identified in the City and in adjoining municipalities which will require new or expanded monitoring or maintenance. This Plan sets forth goals and related policies to address the identified problems and issues.The goals are as follows: Goal 1. Work to achieve water quality standards in lakes, streams,and wetlands consistent with intended use and classification and State of Minnesota water quality standards. Goal 2. Protect downstream water resources, reduce the potential for flooding, and minimize related public capital and maintenance expenditure necessary to control excessive volumes and rates of runoff and to mitigate erosion. Goal 3. Protect and/or restore wetlands to improve or maintain their functions and values in accordance with the Minnesota Wetland Conservation Act and the City's Wetland Protection ordinance. Goal 4. Work to prevent contamination of the aquifers, promote groundwater recharge and encourage water conservation practices. Goal 5. Control or manage sediment discharge into surface water resources and drainage ways. Goal 6. Support water recreation activities and fish and wildlife habitat by implementation of programs to maintain or improve water quality. Goal 7. Increase public involvement and knowledge in management and protection of water resources. Implementation This Plan includes an implementation Plan to help achieve those goals through capital projects, management programs, maintenance activities,and special studies. VIP a g e Executive Summary Capital Projects The Riley-Purgatory-Bluff Creek and Nine Mile Creek Watershed Districts have completed Use Attainability Assessments (UAAs)and/or Total Maximum Daily Load (TMDL)studies for many of the key waterbodies in the City. These studies have identified potential actions that could help protect or improve the water quality in and enjoyment of those waterbodies. The City evaluates partnership opportunities with the Districts to undertake priority projects as project plans develop. In addition,the City has been systematically surveying the condition of storm drainage system features.The condition assessments and water quality modeling have identified a number of potential improvement projects,and priority actions are included in the Implementation Plan. The Implementation Plan also includes projects to install water quality Best Management Practices(BMPs)with street or other construction projects,and projects to reduce lake internal loading,such as alum treatments and rough fish and invasive aquatic vegetation management.Stream inventories have been updated and will be used to prioritize streambank stabilization and restoration projects. Management Programs The City operates several programs that directly or indirectly affect water resources, including a Public Education and Outreach program.A variety of social and traditional media are used to inform and educate citizens. City events,workshops and festivals provide additional opportunities for education. The City has developed an Environmental Learning Center(ELC)to educate local residents about water quality and water conservation,sustainability,waste reduction,and environmental stewardship.The ELC includes an interactive activity center and laboratory for use by local school groups.Volunteers monitor water quality though the Citizen Assisted Lake Monitoring Program (CAMP)and the Wetland Health Evaluation Program (WHEP). Volunteers also work with the city on programs such as Adopt-A-Street and storm drain labeling. The City implements other programs, including goose and invasive species management; lake monitoring and watercraft inspections. Stream water quality is also monitored at a Watershed Outlet Monitoring Program (WOMP)station at the outlet of Riley Creek through a partnership with the Met Council.The RPBCWD operates two additional WOMP stations on Purgatory Creek,one at Valley View Road and one at Pioneer Trail. Maintenance Activities The City undertakes a variety of maintenance actions, including actions required by its NPDES MS4 Permit. These include ongoing water body inventory and condition assessments,erosion control monitoring,street sweeping, stormwater system inspections and repairs,and a general education and outreach program. Special Studies The City has and will continue to participate in TMDL studies and UAA assessments, in partnership with the watershed districts. Other studies are undertaken as necessary,such as the recent"Eden Prairie Town Center Stormwater Management Guide"that identified opportunities for stormwater treatment as the area redevelops. Amendments Section 8 of this Plan sets forth the Plan amendment process.The Implementation Plan and Capital Improvement Program will be reviewed and amended periodically by the City as needed based on new information and as opportunities or new requirements arise.At a minimum,the CIP is updated biannually. Major issues such as changes to the Plan's goals or significant revisions to the Implementation Plan will be forwarded to the Watershed Districts for review as needed. Minor revisions to programming,for example additions to the Education and Outreach program or adjustments in budgets for capital or non-capital expenditures,will be made by the City as needed. vii 41MMIIM111.111011.1111.111.111,1111.111•11•11MIIMIIIIIIIMM•11.11.114•14111111=11•11.1111MtlagglaiiiMIIMINIFIEHIMEML ! Laitir SAL% ll AA Hii4 1Park Pd • • arya.ir $ S Ge rarest f•r L Hills I {Qap ,'.71/tk ��• Park 4 • i i Qa lake -a - s 1 o A ! Edmvale • JC 1t ' % '''ir Valley View Rd Willow r i,. .• found Lake .� Park V � I yE Park j W 78th St c - -•. :. S Fork ! 6 .r Via, Rowland<`... _ Vin a-Iiii Cr - 6 i M"al-; Eden Prairie I'Q Eden .e 4 Prairie f E -S Q 0.., Center Peek �- C.,`P.- SA i ! Red j Rack i it Eden t 7. a Cake �c i° LOP! eio Pioneer ? lay - I Park D`: i i Raring -+ Lake � i 1 �, Staring Lake Parts i Athletic � F.v!dti % — �_ , �!r r'ail Goo 'al II yC'r q.° 61 ! a g ! ! n 0 r ! a ` /�J� r+ lying 1au Frank, , l Par: - Grass t'c. i Lake -4'1iewRd �:. - . - ref ! ! 1 40,411:: ..-,610•11... its# -aOfla - - I+� +00.1 �„� i _ Anoka ,HennepinP �- hin on y Carver Ar. Source:Bing Maps, Minnesota DNR —Hrzf5cott Daota 0.5 0.25 0 0.5 NN I Miles . A an LteaSai9F3r'.vAP m.2 Lath a—LA.,rx_ Figure 1.1.City of Eden Prairie location map. vll 1 1.0 Introduction 1.1 PURPOSE This Local Water Management Plan (LWMP) describes how the City of Eden Prairie will fulfill the requirements of Minnesota Statutes 1036.235 and Minnesota Rules 8410 in the management of the water resources within the City. It is a summary of the City's management goals and policies,and strategies, including a capital improvement program and review of local policies and ordinances. Minnesota Statutes 1036.231 establishes the purposes of storm water management planning in the Twin Cities Metropolitan Area as to: 1. Protect, preserve, and use natural surface and groundwater storage and retention systems; 2. Minimize public capital expenditures needed to correct flooding and water quality problems; 3. Identify and plan for means to effectively protect and improve surface and groundwater quality; 4. Establish more uniform local policies and official controls for surface and groundwater management; 5. Prevent erosion of soil into surface water systems; 6. Promote groundwater recharge; 7. Protect and enhance fish and wildlife habitat and water recreational facilities; and 8. Secure the other benefits associated with the proper management of surface and ground water. Minnesota statutes and administrative rules also require that City water resources management be consistent with the goals and requirements of the three watershed districts having land within its borders: Nine Mile Creek Watershed Management District, Riley-Purgatory-Bluff Creek Watershed Management District,and Lower Minnesota River Watershed Management District. 1.2 RELATIONSHIP TO OTHER CITY PLANS Other City plans that formerly were stand-alone documents—the Local Drainage Plan and the Comprehensive Wetland Protection and Management Plan -have been updated and are incorporated into this LWMP.This Plan is intended to comprehensively address surface water management.Wellhead protection efforts,ground water supply, and the City's Stormwater Pollution Prevention Plan (SWPPP)are separate from this Plan except as surface water management influences groundwater. 1.2.1 Local Drainage Plan Update The Local Drainage Plan Update was completed in 1999, and included an update to the stormwater modeling initially prepared in 1970.The Plan was also updated in 2008 to incorporate a Nondegradation Assessment of the estimated changes in stormwater runoff volume,total suspended solids(TSS)and total phosphorus(TP) loading in the City of Eden Prairie since 1988, and to predict how land change expected to occur by 2020 would impact those parameters. Hydraulic and hydrologic modeling has been updated for this LWMP to reflect the latest land use data and information collected as part of the City's ongoing pond inventory program. The modeling and Local Drainage Plan are incorporated into this LWMP Update. 1.2.2 Comprehensive Wetland Protection and Management Plan The Comprehensive Wetland Protection and Management Plan (CWPMP)was completed in 1999 and included an initial inventory of wetlands in the city,assessment of their functions and values,and classification of each as either Exceptional, High, Moderate, or Low functions.The CWPMP also was the basis for the City's Standards for 1-1IP3ge Protection of Wetlands(Section 11.51 of the City Code).The inventory has been periodically updated since that time as projects are provided to the city for review.The inventory is maintained in a separate database and is incorporated into this LWMP by reference. 1.2.3 Storm Water Pollution Prevention Program Eden Prairie is regulated by the State of Minnesota's National Pollutant Discharge Elimination System (NPDES) General Stormwater Permit as a Municipal Separate Storm Sewer System (MS4). In accordance with that permit, the City developed a Storm Water Pollution Prevention Program (SWPPP)comprised of a series of Best Management Practices(BMPs) in six Minimum Control Measure(MCM)areas to prevent pollution and to manage and treat runoff discharged from the City into state waters.An annual report documents actions taken in the previous year,which is presented to the public for review, approved by the City Council,and submitted to the Minnesota Pollution Control Agency(MPCA)for approval. In 2006 the City was one of 30 cities statewide selected by the MPCA to undertake a special Nondegradation Assessment as part of its NPDES permit.The purpose of the study was to assess changes in stormwater runoff volume,total suspended solids(TSS)and total phosphorus(TP) loading since 1988,and to predict how land change expected to 2020 would impact those parameters.The study found that while runoff volumes had increased, pollutant loading had decreased as a result of City and watershed district water quality treatment requirements. A new General Permit became effective August 1, 2013.The City submitted an application for renewal of coverage under the permit,which was extended on April 3, 2014.The SWPPP was required to be updated for the new permit. Many of those SWPP actions are incorporated into this Plan. 1.3 RELATIONSHIP TO OTHER PLANS Several agencies manage programs or regulate activities for local stormwater or water resource management. The following sections summarize those relevant to local water management planning. 1.3.1 Metropolitan Council Water Resources Policy Plan The Met Council's Water Resources Management Policy Plan is a framework to integrate water resources management and protection with planning for the Metro region's growth. In 1995,the Metropolitan Land Planning Act was amended to require that each city and township's comprehensive plan include a local water management plan.These local plans need to be consistent with Minnesota Statutes 103B and Metropolitan Land Planning Act requirements. Local water management plans are reviewed by the Met Council as part of the local comprehensive planning process prior to approval by the WMO and adoption by the city or township. In addition to the local stormwater plan elements required in statute and administrative rule,the Policy Plan expects communities to show that they are committed to the Met Council's goal of no adverse impact (nondegradation)for area water resources. Local plans should include actions such as ordinances requiring runoff water quality treatment, limiting the rates and volumes of runoff,adopting Best Management Practices for development and redevelopment,and wetland management planning.The Policy Plan places a special emphasis on nondegradation of lakes identified as Priority Lakes.The Met Council defines Priority Lakes as lakes of high regional recreational value that are at least 100 acres in size;supply drinking water; have very good water quality; or have exceptional significance for wildlife habitat. Priority Lakes in Eden Prairie are Bryant, Mitchell, Riley,and Staring. 1.3.2 Minnesota River Basin Plan The Minnesota River flows southeast from its source at Big Stone Lake on the South Dakota border to Mankato then northeast to join the Mississippi River at Fort Snelling(about 335 total miles). It covers about 16,770 square miles, roughly 10 million acres.Thirteen major watersheds in Minnesota drain into the basin,which touches 37 counties. Eden Prairie is located in the Lower Minnesota River subbasin.The 2001 Minnesota River Basin Plan 1-2 I D R A F n e 2 0 1 5 (MPCA 2001)lays out a framework for directing programs for improving water quality in the Minnesota River, its tributaries and other water bodies. Priority actions include reducing nutrient,sediment,and bacteria inputs to the River and improving the health of biologic communities. 1.4 RELATIONSHIP TO OTHER REGULATORY AGENCIES The LWMP is intended to meet requirements outlined in Minnesota Rules 8410 and Minnesota Statutes 103B as well as provide a tool for day-to-day management of the City's water resources. The LWMP provides the following information,as required in the Minn.Statutes 103B.235. A Existing and proposed physical environment and land use within the City A Drainage areas and the volumes, rates,and paths of stormwater runoff A Identification of stormwater storage areas A Performance standards for water quality and water quantity protection A Implementation program A Capital improvement program The Plan was also written with consideration of the needs, requirements and direction outlined in the following: A Local Water Management Rules—Minn. Rules 8410 A Wetland Conservation Act—Minn. Rules 8420 A Minnesota Pollution Control Agency Water Quality Standards—Minn. Rules 7050 A U.S.Army Corps of Engineers Section 404 Clean Water Act A Metropolitan Council Water Resources Policy Plan May 2005 A Riley-Purgatory-Bluff Creek Watershed District Water Management Plan - January 2011, Major Plan Amendment-April 2014,and Rules—November 2014 A Nine Mile Creek Watershed District Water Management Plan -March 2007 A Lower Minnesota River Watershed District Water Management Plan -December 2011 A Metropolitan Surface Water Management Act(Chapter 601, Laws of 1990) A Use Attainability Analyses(UAAs)completed by the watershed districts for lakes and streams in the City A Approved TMDLs for chloride impairment in Nine Mile Creek, and low dissolved oxygen in the Minnesota River The watershed organizations and their respective jurisdictions within the City are shown on Figure 2.1. The LWMP is intended to satisfy the rules set forth in the current watershed management plans. The City will participate in upcoming revisions and evaluate any future watershed management plan amendments in relation to the LWMP and incorporate items as needed. 1-3 I 1 5 2.0 Regulatory Framework 2.1 EDEN PRAIRIE ORDINANCES AND POLICIES Protection of water resources has been a priority throughout the City's development history. Existing water resource related policies and local controls(City Code sections) include: A Standards for Protection of Wetlands(Section 11.51) A Shoreland Management(Section 11.50) A Land Alteration,Tree Preservation,and Stormwater Management Regulations(Section 11.55) A Sloped Ground Development and Regulation (Section 11.60) A Flood Plains(Section 11.45) A Maintenance of Vegetation (Native Plant Ordinance) (Section 9.71) A Restrictions Relating to the Sale of Lawn Fertilizer(Section 9.15) A Preservation of Wetland and Woodland Areas(Section 11.03(3)(G)(4)(i)) A Coal-Tar Based Sealant Products(Section 5.74) A Stormwater Illicit Discharge and Connections(Section 5.75) A Land Use Regulation Permits and Variances(Section 11.76) These ordinances and policies have provided the City and the private development sector with the means to protect the City's natural resources through limiting wetland filling, establishing minimum setbacks, requiring steep slope and shoreline buffers, manage floodplain areas, and implementing best management practices to prevent pollution, manage stormwater runoff and protect water resources. In 1994,the citizens of Eden Prairie approved a referendum to acquire and manage the best remaining native plant communities in the City. These areas have been designated conservation areas,for which management plans have been or are currently being developed. 2.2 STATE AGENCY REGULATORY FRAMEWORK Several agencies manage programs or regulate activities for local stormwater or water resource management. The following sections summarize those relevant to local water management planning. 2.2.1 Metropolitan Council(Met Council) The Met Council's Water Resources Management Policy Plan includes a range of programs administered by various governmental and private agencies for management of water resources in the Metro area. Several of Met Council's programs of interest to cities include the following: A Development of targeted watershed pollutant loads A Review of watershed and local water plans and comprehensive plans for consistency with metropolitan goals and objectives A Watershed Outlet Monitoring Program (WOMP) A Citizens'Assisted Lake Monitoring Program (CAMP) A Environmental Information Management System A Regional Water Supply Plan for the Metropolitan Area 2-1 I P a g e DR A F T 2 0 1 5 2.2.2 Minnesota Pollution Control Agency(MPCA) The MPCA administers several programs applicable to local storm water management planning. The MPCA monitors water quality,sets standards,and implements various controls. Following are two programs related to water quality. A The MPCA manages the National Pollutant Discharge Elimination System (NPDES) Phase II permitting for small municipal separate storm sewer systems(MS4s)and construction and industrial discharge permitting A The MPCA implements the Clean Water Act, requiring that states adopt water quality standards to protect waters of the state.The EPA and MPCA require preparation of Total Maximum Daily Load (TMDL)studies to identify the source of pollutants and plans for bringing the water resources into compliance.Several local lakes as well as Riley Creek, Nine Mile Creek and the Minnesota River have been listed on the MPCA's 303(d) list of impaired waters. Section 2.6 discusses the impaired waters issue in more detail. 2.2.3 Minnesota Department of Health(MDH) The Environmental Health Division of the MDH administers numerous programs of interest to local water management planning, including the following. A Drinking water protection A Wellhead protection A Lake and fish monitoring(in partnership with DNR/MPCA) A Environmental Health Services A Health risk assessment,site assessment,and consultation A Well management The City worked with the MDH to develop and implement a Wellhead Protection Plan (WHPP). 2.2.4 Minnesota Department of Natural Resources(DNR) The DNR manages and protects the state's natural resources and operates numerous programs. The department provides technical assistance and information regarding best management practices, natural resource management, incorporating natural resource conservation in land use planning, and lakescaping. The Fisheries Division monitors and improves fisheries within the state. It also promotes fishing opportunities and provides grants to assist in the construction of fishing piers. The Ecological and Water Resources(EWR) Division focuses on an overarching vision of"Healthy Watersheds throughout Minnesota."The EWR Division also provides the following services: A Maintains an inventory of public waters A Operates permit programs for working in public waters or for appropriating public waters A Oversees the state's floodplain management program A Provides local stewardship by coordinating the Mississippi River Critical Area, Mississippi National River& Recreation Area programs and the Shoreland Management program A Collects,analyzes,and provides ecological information, including: A Location and management of rare resources(endangered and threatened species,critical habitats, high quality natural communities) A Management of harmful exotic species,fish and wildlife diseases,and negative environmental impacts of human development A Management and restoration of important ecological processes in river systems and key natural areas A Information about Minnesota's ecosystems and their significance to a sustainable quality of life The DNR's webpage at www.dnr.state.mn.us/lakefind/index.html is LakeFinder,a DNR-supported tool that combines information from various DNR Divisions, as well as other state agencies,such as Minnesota Pollution 2-2 I P a g e DR A F T 2 0 1 5 Control Agency(water quality)and Minnesota Department of Health (fish consumption).This tool contains data for more than 4,500 lakes and rivers throughout Minnesota. The DNR also provides a variety of specialized programs oriented to property owners or neighborhood groups, such as the Aquatic Plant Management, Urban Fisheries and Fishing in the Neighborhood, Neighborhood Wilds, and Metro Greenways programs. 2.2.5 Watershed Districts Watershed Management Organizations(WMOs)and Watershed Districts(WDs)are required by statute to prepare and administer water management plans that establish watershed-wide goals, policies, and regulations. Local governments are also required by statute to prepare and administer local water management plans that establish local goals, policies,and regulations regarding those water resources that are consistent with the watershed plans. The City of Eden Prairie falls under the jurisdiction of three watershed districts(see Figure 2.1): Watershed District Plan Adopted Plan Amended Riley-Purgatory-Bluff Creek January 2011 December 2013,April 2014 Nine Mile Creek March 2007 Lower Minnesota River December 2011 Late 2015(expected) While many of the district requirements are similar, each has its own set of goals and priorities that do not match watershed to watershed or with the City.This LWMP was developed to acknowledge these jurisdictional criteria while also reflecting the priorities of the City of Eden Prairie. 2.3 WATER RESOURCE RELATED AGREEMENTS Water resource-related agreements,such as Joint Powers Agreements(JPA)or Memorandums of Understanding (MOU),are typically struck between agencies or entities with overlapping regulatory interests or geographic similarities. Currently,the City has a Cooperative Agreement dated November 1, 1993 with the City of Edina relating to water,sanitary and storm sewer,street and traffic signals for their common boundary,generally described as the centerline of Washington Avenue. This includes a shared water system as well as the storm sewer located within the right-of-way for Washington Avenue.The City also has drinking water system interconnections and utility agreements with the cities of Bloomington, Chanhassen, Edina and Minnetonka. The need for a JPA or MOU will be evaluated as part of the City's ongoing Wellhead Protection planning. No other Agreements are anticipated at this time. 23 I P a g e �,62. - - 1m ��- II-- - Isminni,- Birch 60 �� Island 61 • C5 Lake . rffniiiimi4w4imii 0 494 Duck 1 L Lake Bryant Lake 71 ii 3 Round p Lake 1 iI W'I tool as Lake N Smetana S Fork p ■ © Lake'._ - ,Nixehlrle Cr N �Ilwllru Mitchell Lake Idlewild ■ Rice Marsh 0 Eden Anderson Lake Red Rock Lake Lake Lakes McCoy Lake t Lake Rileytaring Lake Nei!! Lake i Cr 272 . ;,.....-.."---''.-----**""Rize.o.--7-•-•-•i Sk..t -Little - -- Rice Lake Rice Grass Lake Lake r;. i �!)i jtP snr«R"Pep wts}n6��'` 14, Watershed Management Organizations Lower Minnesota River WD 0-5 0 25 0 05 A Nine Mile Creek WD Riley-Purgatory-Bluff Creek WD Figure 2.1.Watershed Management Organizations in the city of Eden Prairie. Source: Minnesota DNR, MnDOT. 2-4 2.4 WETLAND CONSERVATION ACT Within the Nine Mile Creek Watershed District the primary permitting responsibilities for the Wetland Conservation Act of 1991(WCA)currently rests with the Watershed District.The City is the Local Governmental Unit(LGU) responsibilities in the Lower Minnesota River and Riley-Purgatory-Bluff Creek Watershed Districts. Wetland LGU responsibilities include: A Review and approve wetland delineations and determinations A Review and approve wetland exemption/no-loss applications A Review and approve wetland replacement plan applications A Coordinate Technical Evaluation Panel (TEP) meetings A Send Notices of Application and Decision to the TEP A Enforce wetland replacement monitoring requirements, review monitoring reports and certify replacement wetlands A Work with DNR and Hennepin County to enforce WCA violations 2.5 RELATIONSHIP TO NPDES STORMWATER PERMIT The City holds a permit from the MPCA to discharge stormwater into waters of the state through the MPCA's NPDES General Stormwater Permit.The permit specifies that the City must develop, receive MPCA approval of, and implement a Stormwater Pollution Prevention Plan (SWPPP)that addresses the following six minimum control measures established by the EPA: 1. Public education and outreach 2. Public participation/involvement 3. Illicit discharge detection and elimination 4. Construction site runoff control 5. Post-construction runoff control 6. Pollution prevention/good housekeeping during municipal operations The City's previous SWPPP was approved in 2003 and amended in 2006.The State of Minnesota reauthorized the NPDES General Stormwater Permit effective August 1, 2013,and the City submitted a permit reapplication in December 2013.The new permit and SWPPP Document were approved on April 3, 2014. New and existing activities and policies to be included in the SWPPP are prescribed in the General Permit and SWPPP Document, and include many of the actions and policies set forth in this LWMP. 2.6 USE ATTAINABILITY ANALYSES/TMDLS Lakes are an important feature in Eden Prairie and the ongoing maintenance and improvement of our water resources directly affects the full use of our lakes. NMCWD and RPBCWD have completed Use Attainability Analyses(UAAs)for most of the lakes in their Districts.The UAAs are scientific assessments of a water body's physical,chemical,and biological condition.The studies include water quality assessments and recommendations for protective and/or remedial measures for the studied lakes and their direct tributary watersheds. The results of these UAAs provide the City guidelines for water resource improvement projects for these water bodies. Lakes that do not meet state water quality standards are listed as"Impaired" by the State of Minnesota.These lakes require additional analysis in the form of a Total Maximum Daily Load (TMDL)study. Waters that are impaired in Eden Prairie are listed in Table 2.1.Although the UAAs provide some background data that may be used towards preparation of a TMDL they do not meet MPCA criteria for a TMDL document. A TMDL is the maximum amount of a pollutant a waterbody can receive and still meet water quality standards.The TMDL study identifies the sources and magnitude of pollutant loading and establishes a numeric load reduction that must be made for each source.The results of each TMDL may lead to different conclusions than the UAAs. 2-5 I Table 2.1. Impaired Waters in Eden Prairie. Note: Based on the draft 2014 303(d) List. Lake/Stream DNR Lake# Affected Use Pollutant /Reach# Bryant 27-0067 Aquatic consumption/recreation Mercury FT1and Excess Nutrients Mitchell 27-0070 Aquatic recreation Excess Nutrients Smetana 27-0073 Aquatic consumption Mercury FT1 Red Rock 27-0076 Aquatic consumption/recreation Mercury FT1and Excess Nutrients Riley 10-0002 Aquatic consumption/recreation Mercury FT1and Excess Nutrients Round 27-0071 Aquatic consumption Mercury FT1 Staring 27-0073 Aquatic consumption/recreation Mercury FT1and Excess Nutrients Nine Mile Creek 07020012-518 Aquatic life Fish 1612 and Chloride Riley Creek 07020012-511 Aquatic life Turbidity Bluff Creek* 07020012-710 Aquatic life Fish 11312 and Turbidity Mercury FT1and WC1, PCB FT1,Turbidity, Minnesota 07020012-505 Aquatic consumption/life Dissolved Oxygen (Reach 505 only-DS of River 07020012-506 River Mile 22, approx. Riley Creek) 1"FT" means mercury or PCBs in fish tissue while"WC" means in the water column. 2 Index of Biotic Integrity. A measure of the quantity and quality of aquatic life. *The impaired reach is upstream of Rice Lake. Bluff Creek in Eden Prairie has no listed impairments and was excluded from the TMDL. A statewide TMDL has been completed for the mercury impairments.A TMDL for the Nine Mile Creek chloride TMDL has been completed and approved by the EPA; however,the TMDL Implementation Plan has not yet been approved.A TMDL for the Nine Mile fish impairment is on hold until additional data is available to more conclusively identify the factors causing the impairment. The table below summarizes the status of individual Lake UAAs. Lakes that are not on this list are either tributary to one of the lakes below and thus are included in that analysis,or they are classified as Natural Environment lakes for which no UAAs are proposed. More information about lake and stream conditions may be found in Section 3.5. Table 2.2. Lake Use Attainability Analyses(UAAs). Listed as Lake Nutrient Completion Date Impaired? Anderson No 2003 Birch Island No 2000 Bryant Yes 2003 Duck No 2005 Mitchell Yes 2002 Smetana No 2003 Red Rock Yes 2002 Rice Marsh No 1999* Riley Yes 2002* Round No 1999 Staring Yes Not completed * RPBCWD has started the process of updating the UAA for Rice Marsh and Riley Lakes. 2-6 IPage 3.0 Water Resources Inventory 3.1 PHYSICAL ENVIRONMENT The City of Eden Prairie lies in the south central edge of Hennepin County.The City encompasses nearly an entire township(35.2 square miles)and is bordered by Chanhassen to the west, Minnetonka to the north, Bloomington and Edina to the east,and the Minnesota River to the south. 3.1.1 Geology and Soils The bedrock underlying Eden Prairie is St. Peter sandstone in the northern third and Prairie du Chien Group dolostone in the south.The surficial geology is glacial outwash with areas of significant glacial till deposits in the central and northeastern sections of the City.The Hennepin County Geologic Atlas has more information regarding the geology and hydrogeology in Eden Prairie, and can be found online at purl.umn.edu/58491. The soils in Eden Prairie are generally well drained sandy loam to loam (Figure 3.1)and are well drained. In the alluvial landscape unit in the Minnesota River Valley along the southern edge of the City,floodplain soils are generally loams or silt loams and range from well to very poorly drained. The Hennepin County Soil Survey has more information regarding soil units within Eden Prairie,which can be viewed online at the Natural Resources Conservation Service'Web Soil Survey at websoilsurvey.nrcs.usda.gov/app/HomePage.htm. 3.1.2 Climate and Precipitation The climate within the Minneapolis-St. Paul Metropolitan Area is humid continental climate with moderate precipitation,wide daily temperature variations,warm humid summers, and cold winters. The total average annual precipitation is approximately 31.2 inches(Table 3.1)while the annual snowfall average is approximately 54 inches, equivalent to approximately 5.4 inches of water precipitation. Table 3.1.Climate and precipitation data at Chanhassen, 1981-2010. Average Average Average Snowfall Month Temperature(°F) Precipitation (inches) (inches) January _ 14.3 0.87 10.3 February 19.1 0.94 9.7 March 31.3 1.78 10.8 April 46.5 3.00 3.4 May 58.0 3.66 0.0 June 67.6 4.02 0.0 July 72.0 3.59 0.0 August 69.9 4.14 0.0 September 60.7 3.43 0.0 October 47.8 2.51 0.4 November 32.7 1.97 5.4 December 18.1 1.25 13.9 Annual Average 44.8 31.16 53.9 Source: NOAA National Climatic Data Center. 3-1 I P a g e DR A F T 2 0 1 5 '§ ■ 1 . _40 ::---- r '-, 1: , k . 1 , •• i L ..i, xi* / •tlr 1 1r )-'----.7.-' 1 0.1 illik 1 . ' s )°'1 '. -- ..". J '' ! 1. ,,._,--.. �� 1 „, lic i-\----:, i A- itt _ , N:. -Ail mg,j �. 11 P t �1� 4 ' '44, � ! & VP : I A.r ti 1-6-... t----F _. + 4 oe- .�� - , �.r� tea . ♦ � ` Hydrologic Soil Group WI A- Sandy C - Sandy Clay Loam AID CID Source: NRCS SSURGO, N Minnesota DNR B - Loamy D - Clay 0.5 0.25 0 0.5 Miles BID Not rated or not available P.L'OS94]B0.31 HAW 2012 UrdavVaSnils H56 m! Figure 3.1.City of Eden Prairie Hydrologic Soil Groups. Note: Dual hydrologic soil groups are given for certain wet soils that could be adequately drained. For soils with dual designations(e.g.,A/D),the first letter applies to the drained and the second to the undrained condition. Source: USDA NRCS SSURGO. 3-1(P a g e D R A F T June 2 0 1 5 3.2 BIOLOGICAL ENVIRONMENT The City's landscape has gone through many changes due to human activity. Pre-European settlement the area was part of the"Big Woods" ecoregion where oak woodland and maple-basswood forests were the dominant vegetation types. Upon settlement, much of the landscape was converted to agriculture and eventually urban and suburban development.The Minnesota River Valley is a dominant feature in the City and is home to significant natural communities, including remnants of the Big Woods, river bluffs, and wetland areas. Most of the significant natural communities identified in the Hennepin County Biological Survey are in areas under public ownership and have been preserved as managed conservation areas. Where significant communities are not publicly owned,the City continues to evaluate the possibility of acquisition. Many of the City's seventeen lakes are active fisheries.Appendix C details information about the lakes and their fish populations. 3.3 HUMAN ENVIRONMENT 3.3.1 Land Use Figure 3.2 shows Eden Prairie's 2010 land use from Metropolitan Council land use data.The City is over 80% developed,and has a regional commercial and industrial core surrounded by residential uses of various densities (see Table 3.2).While just under ten percent of land is classified as vacant,only about 3%of the remaining vacant land City is actually developable.The Flying Cloud Airport and the Minnesota Valley Wildlife Refuge dominate the southern part of the City. Only the Minnesota Valley Wildlife Refuge and areas within the Minnesota River Bluffs in the southern part of the City are outside the Metropolitan Urban Services Area (MUSA). Planning for the proposed Southwest Light Rail Transit line includes five stations in Eden Prairie,three within in the City's central business district,which are anticipated to stimulate redevelopment and increase density. Error! eference source not found. sows planned 2030 land use from the 2009 Comprehensive Guide Plan. Table 3.2.2010 land use in the City of Eden Prairie. Area Area Land Use (acres) (%) Single Family 7,620.1 33.8 Parks and Recreation 5,090.4 22.6 Undeveloped 2,245.1 9.9 Water 2,110.2 9.4 Industrial 1,232.1 5.5 Commercial 1,102.9 4.9 Highway 822.1 3.6 Airport 798.9 3.5 Institutional 554.6 2.5 Multi Family 509.1 2.3 Agricultural 426.5 1.9 Total 23,915.6 Source: Metropolitan Council from city comprehensive plan and air photos. 3-1 I ,g e D R A F T J e n e 2 0 1 5 — 62 ,m ...r J . 60 I r V 61 IL ilAV) 494 f 4 `c. M r 1 O - 4 ' 39 4 d :. ._,_ . I I rt -IL_. le S Fork j ' mi JEnaill MO 40, 1 i Ili%ti iii - , 1 ..1 e 410 or .iv-1 --,,-K.-. ... 44. �� rT c,' . Ar , _- ,.. if . 1 , _ ., ,. ; _ , _ h, - - � Ai 11111 TII - it:'i151 1 1 L"''' �. ! 44 �I WI 4t." 1f I..,iiiiiii Cr +� 1 i, -.' 4- ��Twll��d►a , ,, ri It ,It. ii APIPP' - ... ,L.__ iSf nine*Tv ""i,F44' ':...iii k 00011 'a a•"1 2010 Land Use Institutional t: MUSA 2020 I Single Family Park, Recreation, Open Space Multifamily - Transportation Commercial Agricultural Source: Metropolitan Coouncil .41 Industrial Undeveloped 05 0.25 0 05 A ITaTI Miles Extractive Water Figure 3.2. Eden Prairie 2010 land use and 2020 MUSA limits. Source: Metropolitan Council, Minnesota DNR 3-2 I g e _s. . ' =i rift` ••:.J, lilt _ i' ..I.- r,{;.,•! v H :1 {. F 'S 4 p _ - ' s # 'J=r , i a.-. '" _r • ♦' ;c :a # • ,. ter. �NuC , eye " :440/..F.'. l'•'-%- . �,. f 0—-- — . _ . .,... .• ...••.,...ii ii, . L,, ;..r..,...-„!..-.,.i.,-•_.-.• - •••"1,r1.2.. a. _..,....,_k ...,_______„,....„ . ......,,._..„...._ __...... %,...„.,".,...„., ....i. . ,, . .... . .01410:!',45•7,1kir oil ) ... • t ...-,:V. :� �r `, - ; .......lt Lid::" f =� f +} .,..!....1:::E.,::•:, •.'''..- :', ..1.1..,T64.0 L..... ... ._. ,,, • :.:IF -•;2,..__,:ij...,r n a , .1% 1 . ill ' x i L.: iirl • q7 Source: Ci of Eden Prairie. H-' ••'Ran Council p Rua!ReG m3.1a uraiacre =rsmmra ®FutMIc 2raE4-thIc—AMR Frare ty =_err D erry Pi2H real 1 s urrtai zie I—I r [soomaotl cafrr)2 c4, 0 Goer Douse —MLICA Ire =MemGenWyc r5�2 la LtitriAcre 0 c�r•esrtr ty � mum y NI Medium ,m IIIDengtyReWaenia!t#4DUrt.aA €gcn31canr1erdai p open wafer — Metal BI ,=clots nor!center CI F ,Far-viay13—A klloorIr N1 ;-1.�r04r. =PSIVOren aspArizir[r�l x ' D_5 1 nlmrc lr I I Miles = lip LAND USE GUIDE PLAN MAP 2030 Figure 3,2 EDEN COMPRE H E h 2IV E PLAN UPDATE 2 0e PUIdE October 2) 23C2 Figure 3.3. Eden Prairie 2030 land use. Source: City of Eden Prairie. 3-3 I D R A F I June 2 0 1 5 3.3.2 Parks,Open Space, Recreational Facilities The 2003 Comprehensive Park and Open Space Plan was updated with the 2009 Comprehensive Guide Plan,and provides detailed information regarding parks and recreational facilities available within the City.Just over 29 percent of the land area of the City is comprised of parks,open space,and water surface.About half the park and open space acreage is designated as conservation area and generally includes large floodplain/wetland areas. Other conservation areas protect significant prairie, bluff,or wooded areas. The 2009 Guide Plan Update contains goals and policies reinforcing the City's commitment to protecting sensitive natural resources,and providing trails and corridor connections between significant natural areas and open spaces. The City operates beaches at Riley Lake and Round Lake. Boat ramps are located at Mitchell, Riley, Round,Staring, Red Rock,and Smetana Lakes.The Park and Open Space Plan also provides for the continued preservation of conservation areas as well as an expansion of the recreational trail system. Acquisition of floodplain properties in the creek corridors is a priority,as is completion of acquisition and development of the Minnesota Valley Wildlife Refuge and Recreation Area.Approximately 2,000 acres of the Minnesota Valley Wildlife Refuge will be in Eden Prairie when acquisition is complete. The Three Rivers Park District regional parks listed below are located in part or whole in Eden Prairie. A The 170 acre Bryant Lake Regional Park,with recreational activities such as fishing,swimming,and boating available, is located on the north end of Bryant Lake. A Hyland-Bush-Anderson Regional Park Reserve includes 318 acres in Eden Prairie. Activities are primarily passive enjoyment and include nature study and park programming. The primary LWMP-related recreational concern is the improvement of water quality in the City's lakes to sustain or enhance their beneficial use and to preserve the general enjoyment of the City's water resources. 3.3.3 Pollutant Sources The Flying Cloud Sanitary Landfill located across Trunk Highway 212 from Flying Cloud Airport is a privately-owned closed landfill on the Minnesota Permanent List of Priorities. It is currently being managed as part of the MPCA's closed landfill program and has a groundwater remediation system in place that can be operated if needed.The landfill also operates a landfill gas extraction system. There are no known additional feedlots or significant dumpsites in the City. The Wellhead Protection Plan (WHPP)completed in 2004 and updated in 2015 evaluated and included recommendations for monitoring or remediating potential pollutant sources such as dumpsites, leaking underground storage tank sites,Voluntary Investigation and Cleanup sites and others. Information on these sources can also be found by contacting the Minnesota Pollution Control Agency or the Environmental Protection Agency,or visiting the MPCA's"What's in My Neighborhood"website at www.pca.state.mn.us/udgx680. Septic systems and operating or abandoned wells can also be a source of pollution. Eden Prairie had an estimated 185 septic systems as of January 2015. The MDH regulates new and abandoned wells and maintains a comprehensive list of the status of each. A plan for management of private wells and septic systems is also included in the City's WHPP. 3.4 WATERSHEDS The Twin Cities Metropolitan Area is subdivided into 33 watersheds,each managed by a Watershed Management Organization (WMO).WMOs may be either Joint Powers consortia of cities or Watershed Districts,which are special units of government.The land in Eden Prairie is located within the jurisdictions of three Watershed Districts, (Error! Reference source not found. on Page 3-7 and in Table 3.3 below), each governed under Minnesota Statutes 103D. 3-4 I 1 5 Table 3.3.Watershed districts within Eden Prairie. Watershed District Total Area Area in EP Percent of Eden (sq.miles) (sq.miles) Prairie Riley-Purgatory-Bluff Creek 47.1 21.8 62% Nine Mile Creek 46.2 7.0 20% Lower Minnesota River 75.9 6.3 18% 3.4.1 Riley-Purgatory-Bluff Creek Watershed District The Riley-Purgatory-Bluff Creek Watershed District(RPBCWD)covers 32.7 square miles in Hennepin County and 14.4 square miles in Carver County. Portions of Eden Prairie, Minnetonka, Deephaven,Shorewood,Chanhassen, Bloomington,and Chaska are located in RPBCWD.Just over 60 percent of Eden Prairie,extending through the center of the City diagonally from the northwest to southeast is within the RPBCWD. There are three secondary watersheds within RPBCWD. These include Riley Creek, Purgatory Creek, and Bluff Creek.Ten Eden Prairie lakes are located within RPBCWD, including Duck, Round, Mitchell, Red Rock, McCoy, Staring, Neill, Idlewild, Rice Marsh,and Riley. Riley Creek Subwatershed. Riley Creek drains a subwatershed of approximately 10 square miles: six square miles within Chanhassen and about four square miles in southwestern Eden Prairie. Half of that area in Eden Prairie drains to either Rice Marsh Lake or Lake Riley while the remaining half is directly tributary to Riley Creek.The subwatershed, like most of the City, has a large amount of natural storage that has been incorporated into the stormwater infrastructure.There are several high value wetlands in this subwatershed based on floral diversity and integrity. The area is expected to be fully developed by the year 2020. Purgatory Creek Subwatershed. Purgatory Creek drains a total subwatershed of approximately 32 square miles in the cities of Chanhassen, Minnetonka,and Eden Prairie. Of that, about 17 square miles is within Eden Prairie,at the lower end of the subwatershed.The area is expected to be fully developed by the year 2020. The subwatershed has abundant natural storage, not only from numerous wetland basins but also from the chain of lakes(Round, Mitchell, Red Rock, McCoy and Staring) located in the western part of the subwatershed. The subwatershed is an interesting contrast in that some of the more densely developed areas such as the Eden Prairie Shopping Center and surrounding commercial property are found in close proximity to large tracts of open space preserved and used for stormwater management. Bluff Creek Subwatershed. A branch of Bluff Creek flows through Rice Lake to the Minnesota River within the Lower Minnesota River floodplain in Eden Prairie.This portion of Bluff Creek is within the jurisdiction of the Lower Minnesota River Watershed District. However,the main tributary area for Bluff Creek is within the City of Chanhassen. 3-5 I P a g e A F T 2 0 1 5 vow m A - T — —_—C31 V P u d19 C NIL i iIc• g n �sK° Lsl�. _rr ✓gar 4y - n t,Ya St Lama •1 me r r Woodland * gig-. -- Minn reon.a Blvd Pa[k -1e '. - 9 I W Lek.54 J IGeRa Ntrde�r 1_01e Minnetonka •=rk v Y ,�` Caf1K i,,, Beach nat nka 6 r ;air I.4i�' I . aHc ,_'rhatlp K r I!ye t aleHaoa �:l 11 c.o.'s. - A c ,; Oomph ln�e rot Mnanas ra Ike dl ri �, GreenwoodlibP4,N\ft" i )1i/ t I;_ wstm 5 t 1!:rssxk„ ,vA' Er. 5 u••II, I.�l. sr Shorewood fll \ 41 4-v-id,,,d,' - ' lPi NM r •_. -- - - 1/4N . .i4NAV ./ .44 —440 A0 . k*A- \\ •-• f . ..7\k" ,•1/4 \\Noiti ft/0 l. /fp/4fIIIII IIIIIII ~. 'ry6111 51 y F::; 715 Y 1 6— Ntl W I.14\S8Ni 1 s I VA/ #.4,. i 1 :N\.„ \\ Nk.ir .4 4,,,, ,. yer. _.,,; P . • , \\::1,4_, _ ,, a , -. if\i,„ ,..,,s,...'. , N-, 7.6,.....,,,-\ \ d, , . .\ z F 0 IIIII.IIII IIIII IIII•• •Jhiikp1k4 S i ye, III IIII IIIIIII III IIII IIIII -• r • ..„ -s,,, -v-ki-i--.14::: =-- - -... , . •A. \, - \‘'N''''§at.,.*&,„4.* -. y ., - - 4- Ai , ' ,r4 .. 4- qr.. .--4,, r lir.-44. //ill... ,. V S r sea., _ - T. Watershed Management Organizations ®RILEY-PURGATORY-BLUFF CREEK Source= ESRI,Minnesota DNR ®NINE MILE CREEK N 2 1 0 2 LOWER MINNESOTARIVERI= = Miles A dui; r~....a..m.,—,,.,........,.ag_.. 'imi A City of Eden Prairie Figure 3.4.Watershed Management Organizations with land in Eden Prairie. Source: Minnesota DNR. 3-6 I D R A F T t u n e 2 0 1 5 3.4.2 Nine Mile Creek Watershed District The Nine Mile Creek Watershed District(NMCWD)encompasses approximately 50 square miles in southern Hennepin County and includes portions of Eden Prairie, Bloomington, Edina, Hopkins, Minnetonka,and Richfield. Nine Mile Creek is about 15 miles in length from its headwater where it crosses County Road 3 in Hopkins to its mouth at the Minnesota River.The South Fork of Nine Mile Creek,which passes through northeastern Eden Prairie, is approximately 8.5 miles long. Birch Island, Bryant, Northwest Anderson,Southwest Anderson, and Smetana Lakes lie within the NMCWD. Just less than 7 square miles of this watershed is located within the City of Eden Prairie, including a large amount of the City's industrial base with highly impervious surface areas.The watershed does not contain as many small natural storage basins/wetlands, but is instead characterized by a number of large shallow lake and wetland complexes.The industrial areas are connected with a network of storm sewers and have few noncontributing areas. 3.4.3 Lower Minnesota River Watershed District The Lower Minnesota River Watershed District(LMRWD)is located on the south side Eden Prairie and includes a large portion of the Flying Cloud Airport and areas south of the bluffs.The District boundaries encompass an area of 64 square miles of Carver, Hennepin, Dakota,Scott,and Ramsey Counties, including bluffs on both sides of the Minnesota River. Both the quantity and quality of surface water resources throughout the LMRWD are closely tied to groundwater. The LMRWD includes Rice and Grass Lakes as well as the lower reaches of Bluff, Purgatory and Riley Creeks within the floodplain areas of Eden Prairie. 3.5 SURFACE WATER There are 16 lakes in Eden Prairie(Figure 3.5). One additional lake, Eden Lake, is classified by the DNR and Watershed District as a large, excavated wetland; however it functions as a shallow lake and is included in the list of lakes by the City. Information regarding each lake is found in Appendix C. Minnesota's standards for lake water quality vary depending on the depth classification of the lake(Table 3.4). Shallow lakes are defined as 15 feet deep or less,or 80%or more of the lake area is shallow enough to support rooted aquatic plants.The lake number and shoreland classification, lake morphometry, and water quality data are shown in Table 3.5. More information about the lakes can be found online at the DNR's LakeFinder website: www.dnr.state.mn.us/lakefind/index.html. Eden Prairie coordinates monitoring efforts with the watershed districts to ensure consistent monitoring of lakes and creeks.The City periodically contracts to complete water quality and aquatic vegetation monitoring on some of the lakes,and also sponsors volunteer lake monitoring through the Metropolitan Council's Citizen Assisted Monitoring Program (CAMP)and volunteer wetland monitoring through Hennepin County Department of Environment and Energy's Wetland Health Evaluation Program (WHEP). 3-7 I P a g e DR A F T 2 0 1 5 MIIMIIM14*1( 11".1111.11. 1iUHINSIMIIMlll•IIMISMIIM1IM11M11M4MVmy1M11ammisMINIERli MIM11M11ign1lmL Lri .!:LIII ....r- ',-.. 5,60 Park �t pd e- g.,ka,-,� Q`�' FHt Lake Tejo i a ,:k s wpc Schad Re]ional Y`= Jack .it Park 7F Dark ; 1' .s Lake 20 � n Ectenvale `; Valley View Rd a Willow _ _f__ _ Ls- 1 ��� et Park NI,eM .,,, i ,- VaPRti �1- _34 b► .� j W 78th St �S _ � a �Fark i 5 pW"rem tr a� Rowland'e Nine Mile Cr i JAIIMIIIIIIIFi °�^'Ircr"err a 'PC' �� - i i -ake - Eden Prairie ie Eden AC. ( Prairie I ■ ''Y °�, oJa center Miller Park �_ (ems 212 GC E\`�‘ bj •, S. Anders: ii _r 1 `611 Eden Lakes P: 4 l Lakes *b Lnke Preset, ■ y, Anders i Pioneer leis j / Park -_ 'S i • " Riley - a§ Storing i Lake -- Lake le Park 1 I D-— Ayin9 Staring Lake Part iZria Cloud kM r. (i pion Athletic i Fields 4/a -er 7rd+l \0 c ■ .i ` z i + o a 2 11 4 A 41yin9 Cloud r Frame I. Ri �: ■ ylbv thaw Rif a ; :,u'4 rtu il ,lflhf e,f���i �� , i ■ �• 1�►►� �� ee�j �1 fir, {`S,'oil MI Mini ►`� �r1M1►M�\1�I ►$I 1eJ• ,'4. 4111.0.11 . - tlu.Fe.ii enl % !At Park Anoka Washin Hennepin Ramsey ton Carver Source:Bing Maps, Minnesota DNR Scott Dakota 0.5 0.25 0 0.5 N r� ge4.99-31 LIMP m Miles A bhp mod Figure 3.5. Lakes and streams in Eden Prairie. Source: Minnesota DNR. 3-81 DR A F Table 3.4.Water quality standards for lakes in the North Central Hardwood Forest Ecoregion. Parameters Shallow Lakes Deep Lakes Total Phosphorus(TP) (µg/L) <_60 <_40 Chlorophyll-a (chl-a)(µg/L) <_20 <_14 Secchi Depth transparency(SD)(meters) >_1.0 >_1.4 Table 3.5.Characteristics of Eden Prairie lakes. Note:TP=total phosphorus; Chl-a=chlorophyll-a,a measure of algal density;and SD=Secchi depth or clarity. Surface Max 10-year Summer Average Lake DNR Area Depth Public DNR1 TP Chl-a SD Depth Class ID# (ac) (ft) Access Class (µg/L) (µg/L) (m) Anderson NW 27-0062-01 138 10 No NE 45 21 1.6 T Shallow Anderson SW 27-0062-03 80 9 No NE 102 60 0.9 Shallow Birch Island 27-0081 43 17 Canoe RD 41 6 1.4 Shallow Bryant 27-0067 177 45 Ramp RD 39 20 2.2 Deep Duck 27-0069 41 10 Yes2 RD 50 13 1.9 Shallow Eden 27-1011W 17 -- No N/A 185 74 0.6 Shallow Grass 27-0080 467 3.5 No NE NA NA NA Shallow Idlewild 27-0074 15 9 No RD 42 7 2.1 Shallow McCoy 27-0077 10 -- No NE NA NA NA Shallow Mitchell 27-0070 112 16 Ramp NE 65 28 1.3 Shallow Neill 27-0079 34 10 No NE 100 24 1.1 Shallow Red Rock 27-0076 97 16 Ramp RD 73 42 1.5 Shallow Rice 27-0132 517 3 No NE NA NA NA Shallow Rice Marsh 10-0001 81 10 No NE 108 16 1.7 Shallow Riley 10-0002 2973 49 Ramp RD 39 23 2 Deep Round 27-0071 32 37 Ramp NE 45 17 2.0 Deep Smetana 27-0073 51 12 Ramp NE 99 6 1.5 Shallow Staring 27-0078 155 16 Ramp RD 114 84 0.5 Shallow 1 RD= Recreational Development; NE=Natural Environment, N/A= Not Applicable. 2 Carry-on access only. s 124 acres of Riley Lake are in Chanhassen. Source: DNR LakeFinder, MPCA Environmental Quality Information System (EQuIS), Blue Water Science. 3.6 GROUNDWATER Eden Prairie relies on groundwater for municipal water,currently operating fifteen wells drawing from the Prairie du Chien-Jordan aquifer. Groundwater is managed through the City's Wellhead Protection Plan (WHPP).That plan provides comprehensive guidance to protect wellhead areas from contamination while meeting the requirements of the Safe Drinking Water Act and the Minnesota Groundwater Protection Act.The WHPP details measures to protect the groundwater entering and flowing through the Wellhead Protection Area to protect the drinking water supply from contamination. The following items are included in the WHPP: A A delineation of the Wellhead Protection Area (WHPA)and Drinking Water Supply Management Area (DWSMA)for the public water supply system using the most recent version of the Twin Cities Metropolitan Area Groundwater Flow Model.This has resulted in an expanded DWSMA that now extends into Minnetonka, Deephaven,Shorewood and Chanhassen. 3-9 I P a g e D R A F T 2 0 1 5 A Identification of potential sources of contamination to the DWSMA,such as unsealed wells, Class V wells, and Underground Storage Tanks,and establish strategies and actions to manage risk and to minimize impacts to the DWSMA. A A Spill Response Plan In coordination with other cities in the DWSMA. A Information and guidelines and policies for the use of infiltration BMPs for stormwater management. The Hennepin County Groundwater Protection Plan was completed in 1994 and approved by the Board of Water and Soil Resources(BWSR), but has not been adopted by the Hennepin County Board. 3.7 FLOOD DATA Information on 1-percent annual chance(100-year)flood levels and peak discharges of basins can be found in the HydroCAD model output in Appendix B, a supplemental document to this Plan.As noted below in Section 4.3 of this Plan,this modeling used the updated precipitation event depths published in the National Oceanic and Atmospheric Administration's(NOAA)Atlas 14. In addition,the Nine Mile and Riley-Purgatory-Bluff Creek Watershed Districts are in the process of updating their floodplain modeling using Atlas 14. 3.7.1 Floodplain The Federal Flood Insurance Program has delineated the floodplain in Eden Prairie and includes floodway and flood fringe areas inundated as a result of the 1-percent annual chance(100-year)flood. The 1-percent annual chance(100-year)floodplain,as defined by the Flood Insurance Program for flood insurance purposes,was detailed by a Flood Insurance Study.The resultant maps are on file at City Hall and with the DNR and are available from the Federal Emergency Management Agency(FEMA). Flood maps are also available online on the Hennepin County Natural Resources Interactive Map gis.hennepin.us/naturalresources/map/default.aspx or from FEMA at msc.fema.gov/portal. FEMA has not yet updated the Flood Insurance Study and maps using Atlas 14 precipitation depths. The Nine Mile Creek and Riley-Purgatory Bluff Watershed Districts have calculated 1-percent flood envelopes for each creek system.The City's floodplain ordinance requires that fill or excavation in the floodplain is subject to a permit from the appropriate watershed district.The ordinance further requires that applications for building permits or zoning or land use changes or extensions within the floodplain must be submitted to the appropriate watershed district for review prior to approval by the City. 3.7.2 Localized Flooding Issues In the 1970's the City completed a Local Drainage Plan to evaluate drainage and potential flooding issues within the City. This plan was updated in 1999 and then again for this LWMP. The updated HydroCAD models prepared for this LWMP identified several locations where the model predicted the potential for localized flooding.These locations were reviewed by City maintenance staff,who were not aware of a history of flooding at these locations. It is likely that these predicted locations are artifacts based on model limitations. A The pond system east of Dell Road and south of Duck Lake Trail designated 07-12-A,07-12-B,07-12-C and 06-43-A may have the potential to overflow into the Evanston Road cul-de-sac west of Loralee Lane. A The model indicates that basin 15-33-A may overflow into the parking lot to the northeast of the basin. Depending on grading and if/where catch basins are located property may be impacted.The pond is located near the intersection of Morgan Lane and Towers Lane, north of McCoy Lake. A The model indicates that basins 14-23-A and 14-23-B may overflow into adjacent roads. Depending on how overloaded the storm sewer system is at the time,water may continue onto the property of the fitness building to the west.The ponds on located on the east side of Prairie Center Drive, north and south of Singletree Lane. 3-10 I 4.0 Assessment of Problems, Issues and Requirements 4.1 STORMWATER POND INVENTORY AND ASSESSMENT The City's stormwater system is comprised of storm sewer,open channels,and approximately 970 water bodies or basins(Source:Wenck Associates, Inc. The inventoried basins are field surveyed and inspected,sediment accumulation is estimated, and maintenance needs are identified.Watersheds and pondsheds are delineated. For each surveyed lake, sediment cores and water samples are collected to help determine the watershed and lake phosphorus budgets.Watershed-wide P8 models and lake-response models are being created for each subwatershed and receiving water as the program progresses through the City. The final step in each phase is to determine whether the existing basins provide an adequate amount of pollutant removal for the receiving waters,and if not, how much phosphorus load reduction would be necessary to meet state water quality standards.The P8 and lake response models are used to identify the effectiveness of potential projects such as basin cleanouts or enhancements or additional BMPs in the subwatershed. Each phase is summarized in a report that sets forth key projects and maintenance activities,costs,and estimated pollutant load removals. Maintenance needs are prioritized by degree of sedimentation, proximity to public waters, location within the stormwater treatment system, potential water quality benefits, and budget available. Figure 4.1).These include constructed ponds,stormwater wetlands,wetland mitigation areas, lakes, infiltration BMPs,drainage swales or ditches,and creek segments. Following NPDES requirements,the City inspects each water body that receives public drainage a minimum of once per NPDES permit cycle. The Minnesota Pollution Control Agency(MPCA) required the City to start the treatment effectiveness evaluation required in the 2013 NPDES permit in 2010.To complete this task,in 2010 the City developed a plan to complete the studies by lake watershed,and include constructed ponds,wetlands that receive stormwater, infiltration BMPs and ditches that receive public drainage. This multi-phase pond inventory and assessment program will systematically evaluate the condition of the City's stormwater facilities, undertake sedimentation surveys,assess pollutant and sediment removal effectiveness and determine maintenance needs(see Figure 4.2).To date,the city has completed the field work for 5 phases and a Watershed Basin Inventory and Maintenance Assessment Report was completed for each phase.To date work has been completed in the following drainage areas: A Phase I-Staring Lake(2010-2012) A Phase II -Eden and Neill Lake plus the Upper Purgatory Creek drainage area upstream of Staring Lake (2011-2013) A Phase III—Red Rock and Duck Lake(2012-2014) A Phase IV-Riley Creek drainage area south of Riley Lake from the western City limit to the western portion of Flying Cloud Airport(2013-2014, draft report submitted in 2015) A Phase V-Mitchell Lake drainage area upstream of Staring Lake(field work completed 2014-15) 4-1(P a g e D R A F T June 2015 The pond inventory and assessment program will be ongoing activity over the next several years as drainage areas continue to be studied.A tentative schedule by drainage area is shown below.This schedule may be revised as circumstances provide and as the budget for this activity allows. A Phase VI-Riley/Rice Marsh Lake, in coordination with RPBCWD(2015-16) A Phase VII - Round Lake(2016) A Phase VIII-Purgatory Creek drainage area downstream of Staring Lake(2017) A Phase IX-Grass/Rice Lakes(2018) A Phase X-Anderson Lakes(2019) A Phase XI -Lake Smetana (2020) A Phase XII -Birch Island Lake(2021) A Phase XIII -Bryant Lake(2022) For each phase of the program the City inventories all basins in the drainage area. Basins less than 0.25 acres in size and basins which do not receive public drainage are also excluded from further analysis, unless they are a key part of a drainage way. Basins are considered public if they met one or more of the following conditions: located on City property,within City right-of-way,with a drainage and utility easement,or are private but receive runoff from public right-of-way. MnDOT and County basins in key drainage ways were also included.Table 4.1 shows the number of basins initially identified and the number inventoried for each of the five completed phases of the program. Table 4.1. Basins for which an inventory and assessment have been completed. Basin Inventory Phase Total to 1 2 3 4 1 5 Date v v v v v v 0, - " - v v a, a, a, CU o ! `c 0J o 0' 0 02 `o v `o ., C +.. C ■+ C . C 7. C ., C Type of City y y v cu > v v aci aJ -a c -a c v_ c v_ c v_ c v_ c Basin Total — Constructed 342 90 66 10 8 36 18 37 28 18 18 191 138 Ponds Infiltration 62 2 1 0 0 0 0 11 8 4 4 17 13 BMPs Mitigated 30 7 7 0 0 0 0 5 5 0 0 12 12 Wetlands Stormwater 440 115 83 17 16 5 5 17 12 16 16 170 132 Wetlands Wetlands I 144 I 22 I 14 I 6 I 3 I 59 I 54 I 14 I 10 I 5 I 5 I 106 I 86 Total 1,018 236 171 33 27 100 77 84 63 43 43 496 381 Lakes 16 1 1 2 2 2 2 0 0 1 1 6 6 Source:Wenck Associates, Inc. The inventoried basins are field surveyed and inspected, sediment accumulation is estimated, and maintenance needs are identified.Watersheds and pondsheds are delineated. For each surveyed lake, sediment cores and water samples are collected to help determine the watershed and lake phosphorus budgets.Watershed-wide P8 models and lake-response models are being created for each subwatershed and receiving water as the program progresses through the City. The final step in each phase is to determine whether the existing basins provide an adequate amount of pollutant removal for the receiving waters,and if not, how much phosphorus load reduction would be necessary to meet state water quality standards.The P8 and lake response models are used to identify the effectiveness of potential projects such as basin cleanouts or enhancements or additional BMPs in the subwatershed. 4-2 I D R A F T J u n e 2 0 1 5 •ii.i i•i!oirm RifiimiiM1li1::■lImetmimiimimiti•'—`Aii639•11iaMU.ii M,iiMiiMirfiiNllFillrirr�rr:aoir.iiliiair ML;� u.• atic 4 t 4111‘.4 . .. V 1 lf • ''. 1 - 6 Lake Rry nl}4 L< ' N , • r I11 •b, f:or4bik He 2anI La '• , ic • a r bleq Sc hoe Park❑Hal L - Y4� xtalc:rt m Gl:ch t Ael Bryan f f A rik L • ilt i vo v 1 0 t ~ f -Is 'v,uey view H r�nR va �r `' i ' �. .i�,x Lake � ...,. __� � r+ e Li s+.-'. ; r i ,yam •�� _.r';.� a SFork I W 18th St r 'l• - -` .. . "-' ! i,e ` i .sov1 f 4±mmiiii Like �, r__.,.,d rE•-O• • •- �r r - r ova ♦ J ..... iI 'man , y�eigiris Rd eli• p "la4e11- - Miller +. i ,,.. i Prllr ' Ilik f, ,1 ra� 'y 1 ` I. 1 ` . ^ aka t*t F f'� IFj d n1 IUL PoHaar re take P,4y :4, Pri- on 'L%ke I / pioneer ' ` % a Stfrr+r , '‘' ,-.• r%i l' IIt Park"• ril• ,., i r Lake r r. 1Dt lrb r-k-i i //// Lalm Aark Vidl.. ti - -F ng s G1ifciuL• +P • i Aupv r Pioneer Trf . 4 C ■'yam'tr • t . .yf e , ey dK - D% •• ,p • .s • a •••—. ••• ...- 'N*IL4111e: " .4'.• 111 i B[ Frank"' 3 Part,. Grass tRiv 41 i I r aka Lake .4': .,z• ll M 1 Mamorral • GR-lOi f�4 1 ...-E P Yalb2d.1.if irn oie, Basin Type Mitigation Wetlands source: ESRI,Minnesota DNR, - Constructed Ponds Stormwater Wetlands City of Eden Prafne,Wenck A soeiaNtes, Inc. 0 5 0.25 0 0.5ITT Infiltration BMPs Wetlands '"#IS;".. A Each phase is summarized in a report that sets forth key projects and maintenance activities,costs,and estimated pollutant load removals. Maintenance needs are prioritized by degree of sedimentation, proximity to public waters, location within the stormwater treatment system, potential water quality benefits, and budget available. Figure 4.1. Inventoried stormwater system basins as of 2014. Source: Minnesota DNR, City of Eden Prairie,Wenck Associates, Inc. 4-3 I D F T J u n e 2 0 1 5 4-4I P a g e DR AFT June 2 0 1 5 `llimIlmllmH.1l10al1.311.1 111All,feeme•Ie •1Fl.1ljlimmimiroli_llmi Fy•l•u : iif 1 giatoI _ .l 1 Fryant L. L F Park ant Labe +��� onal Pad: a ''t�4 � Bryant 6. Mahe i III tsc, 1 f% :11' M - Lake' ,1 #`. t% , L - W 781#t; i +,, ,, S Fork ; Vane►ile Cj 4r Mry 5.W MN-f E.L . 1▪ u=lli cl11 Fr.lui� r i i A 1 - a �, •i 1 - • • 2 -- L l 1 — I � D r 1 t.:ari... - �@e p ..ouniry Club ■ - • Riley 1 Lake "� • Park 'I - - ® 1 1 • 4 Pioneer To iems, u.Cl.p i"Sy o. T::' om.. _ £ a'$ Frank'1C ParFG1 L GI-. 3 Riv - • _op.rl ; * Memorial CR 107 �� i .-..£ P 1 o lle'.f s it •kope, Pond Inventory Phase it 0.5 0.25 0 0.5 1 Phase I Phase III Phase V ®Miles Source: ESRI.Minnesota DN- Phase II Phase IV II Watershed District Boundries WenckcAssaciates, Inc. Figure 4.2. Pond Inventory Program phases as of 2015. Source: Minnesota DNR, Wenck Associates, Inc. 4-Wage 4.2 WETLAND INVENTORY Functions and values assessments were completed on 537 water bodies in Eden Prairie in 1997 using the Minnesota Routine Assessment Method (MnRAM)Version 1.0.These included 478 wetlands, 15 lakes,and 44 stormwater basins.This assessment included establishing nine high-quality wetlands of various types across the City to be used as functions and values references. Results of those assessments were published in the Comprehensive Wetland Protection and Management Plan (Peterson Environmental 1999),and are incorporated into this Plan by reference.The database of waterbodies continues to be updated.The basin inventory shown in Table 4.1 now includes 144 wetlands,440 stormwater wetlands, 30 mitigation wetlands,and 16 lakes. The functional level of each wetland is assessed on the following functions.The City has classified each wetland as Exceptional Quality, High Quality, Moderate Quality,and Low Quality based on its floral diversity and integrity metric score. A Floral diversity and integrity A Fish habitat A Groundwater interaction A Wildlife habitat A Shoreline protection A Commercial uses A Water quality protection A Flood and stormwater A Recreation/aesthetics/education attenuation and science The City's wetland management standards are set forth in Section 11.51 of the City Code, "Standards for the Protection of Wetlands." Developments containing or abutting wetlands are required by the Wetland Protection Ordinance to meet a number of requirements. Such developments must submit an updated MnRAM assessment and wetland delineation to determine the most current classification and extent of any wetlands present.The ordinance stipulates minimum structure setbacks and wetland buffer widths based on that wetland classification, and sets forth standards for restoration or mitigation of impacts to wetlands. 4.3 HYDROLOGIC MODELING As part of this Plan,the HydroCAD hydrologic and hydraulic models for the City were updated to include the most recent watershed and basin information and the newly-redefined 100-year Atlas 14 precipitation event. In 2014, the National Weather Service Hydrometeorological Design Studies Center released NOAA Atlas 14,Volume 8, detailing updated precipitation frequency estimates.The new estimates are based on improvements in three primary areas:denser precipitation data networks with a longer period of record, advanced statistical techniques, and new techniques for spatial interpolation and mapping.Atlas 14 improves the accuracy of the precipitation frequency estimates,and supersedes older references, including the commonly-used Technical Paper 40,which was published in 1961. There are four individual HydroCAD models for the City-the Riley Creek Watershed, Purgatory Creek Watershed— Part A, Purgatory Creek Watershed—Part B,and Nine Mile Creek Watershed (Figure 4.3). Due to its size and the large amount of input data,the Purgatory Creek model was split into two smaller models identified as A and B,and linked together. The purpose of performing this modeling is for planning level assessments.The models were not calibrated to actual runoff and flows, and are not intended to be flood studies.Watershed and basin information was compiled from the completed Basin Inventory Phases 1, 2 and 3,and the Nondegradation studies. Model output is quite lengthy and is available electronically.The models and output files are published in Appendix B,a separate document that is supplemental to and incorporated into this Plan. 4-6 I DR A F T J u n e 2 0 1 5 u sin M.iirUi.u.us.ar.rw+I 1 h1�H Pt lir i li lle cli) re " 10 1*'‘.° . ,-'- i.,,,,1 - ,y -- I T _ "IIII. Ck ...„,, ide A A i+ -,,L- --,_ ., , ..1_, i ...13 ,4 e r 404-1 ft , ., , . r 4 Duck d Bryant Lake i M 41011, Lake �� J ? illy ilk_ i y trrIIIhll;h Rou,a` r L.ke d- I - Atifialik;1/41."11 et.,IV --. villil forit, 116 wiltvilv .10,,,hati_' _-) L efana `- ,�Foik • I. r4. Lake r ��er�s ifchell L. - ldlemid 1 r6. . igh.:, r i� I Maker Red Roc Lake V ` tikes i i -Lake Riley'' }, Staring Lake ] - -. -. - Fly PopoA I (-`•6 4 - _ Y - f K • 4p Rice Lake Little % J GZ 1 jLaJ .P.a... /ze�, (.1- M Source:ESRI,Minnesota DNR, Purgatory Creek -A Nine Mile Creek City of Eden Prairie,Wenck Associates, IncN 0.5 0.25 0 0,5 Purgatory Creek - B Riley Creek ®Miles A Figure 4.3. Eden Prairie HydroCAD models. Source: Minnesota DNR, City of Eden Prairie,Wenck Associates, Inc. 4-7 I 4.4 PROBLEMS,ISSUES AND REQUIREMENTS IDENTIFICATION Local water management problems, issues and requirements were identified by reviewing: A Statutory requirements for Local Water Management Plans A Water body inventories A Comprehensive Wetland Protection and Management Plan A Lake inventory data A Input solicited from the public,the Conservation Commission, City staff, and state and local agency staff Table 4.2 summarizes those problems, issues and requirements by category.After the problems, issues,and requirements were identified staff and the Conservation Commission collaborated to identify goals and policies and to prioritize potential solutions to help the City of Eden Prairie accomplish the goals of this Plan.Table 6.2 later in this Plan shows how the actions in the Implementation Plan address each of these problems and issues. Table 4.2. Identified problems,issues and requirements. Category Identified Problem, Issue or Requirement Water Quality • Lakes and streams in the City are listed on the Clean Water Act Section 303(d)TMDL Conditions List of Impaired Waters. • Pond maintenance needs identified and managed through practices such as annual surveys,street sweeping,sump manhole cleaning, pond inspections, and pond maintenance projects. Regulatory • Atlas 14 updated precipitation frequency data is available for review and adoption. Requirements and • Approaches such as Minimal Impact Development Standards(MIDS) and Integrated Operational Policies Management Practices,which are approaches to storm water management that mimic a site's natural hydrology as the landscape is developed, are available to reduce the cost of controlling runoff and protecting and improving water quality. • The City's approved NPDES permit and SWPPP mandate certain operational requirements. Water-Based • Water quality should be protected and improved as needed to protect and enhance Recreation Needs recreational opportunities. • As water quality and clarity improves,aquatic vegetation management may be needed to reduce invasive species and encourage beneficial vegetation. • Control of aquatic invasive species(AIS) is a continuing concern. Maintenance • Pond maintenance and repair needs have been identified during the basin inventory Requirements and maintenance assessments, including items such as creation of new storage capacity and restoration of storage capacity. • Street sweeping,sump manhole cleaning, and regular pond inspections help to identify system maintenance needs and reduce nonpoint source pollutant loads. Education and • Education and outreach efforts could be focused on targeted topics with new or Outreach expanded educational opportunities. Financial Resources • Financial resources are limited, requiring that projects be prioritized. Groundwater • The LWMP and SWPP should be coordinated with the Wellhead Protection Program Protection so that policies that encourage infiltration and groundwater recharge are consistent with the policies to protect sensitive groundwater recharge areas. Collaboration • Collaborate with other agencies such as the watershed districts,the Three Rivers Opportunities Regional Park District, Hennepin County, and state agencies to leverage expertise and resources to finance and construct improvements. 4-8I A F T J u n e 2 0 1 5 5.0 Goals and Policies This section of the Plan outlines goals and policies guiding surface water management in the City of Eden Prairie. 5.1 GOALS AND POLICIES Water Quality Goal 1. Work to achieve water quality standards in lakes,streams,and wetlands consistent with intended use and classification and State of Minnesota water quality standards. Policy 1.1. Require that development and redevelopment projects demonstrate no net increase in the annual mass of total suspended solids(TSS)or total phosphorous(TP) leaving the site compared to pre-development conditions to the maximum extent practicable. Policy 1.2. Encourage the use of Minimal Impact Design Standards(MIDS)during development review to promote infiltration and reduce pollutant and nutrient loading to our water resources. Policy 1.3. Work in partnership with the Watershed Districts, DNR,adjacent property owners, and other interested parties to restore creeks and creek banks for health,safety and ecological integrity, using bioengineering for stabilization projects where feasible. Policy 1.4. Lead by example by incorporating pollution prevention and water quality treatment BMPs in City projects. Policy 1.5. Set an example for citizens and property owners by managing City-owned properties in accordance with appropriate BMPs. Water Quantity Goal 2. Protect downstream water resources, reduce the potential for flooding,and minimize related public capital and maintenance expenditure necessary to control excessive volumes and rates of runoff and to mitigate erosion Policy 2.1. Manage floodplain activities in accordance with all City,state,and federal regulations. Policy 2.2. Require that stormwater ponds be designed to accommodate not less than a critical duration event with a 1-percent chance of occurrence in any given year(100-year return frequency storm). Policy 2.3. Require that new storm sewer systems be designed to accommodate a critical duration event of not less than a 10-percent chance of occurrence in any given year(10-year return frequency storm). Policy 2.4. Require that new or redeveloped structures adjacent to landlocked basins with no outlets be constructed with a lowest floor elevation at least 2 feet above the flood elevation of two consecutive(back-to-back) 1-percent chance(100-year) return frequency storm events. Policy 2.5. Require compensatory storage equal to the storage losses resulting from floodplain fill in the regulatory floodplain. 5-1 I Policy 2.6. Require that the minimum building elevation (lowest floor elevation)for all structures must be two feet above the established 100-year water level. Policy 2.7. Require that development and redevelopment projects demonstrate no net increase in the annual runoff water volume from the site compared to pre-development conditions to the maximum extent practical (MEP). Policy 2.8. Encourage reduction of impervious surface area and disconnection of impervious surfaces during development review to reduce runoff and pollutant and nutrient loading to water resources. Policy 2.9. Promote installation of infiltration BMPs such as rain gardens or shoreline restoration to reduce runoff from existing impervious surface by providing information, educational opportunities and rebate programs for property owners. Wetland Protection Goal 3. Protect and/or restore wetlands to improve or maintain their functions and values in accordance with the Minnesota Wetland Conservation Act and the City's Wetland Protection ordinance. Policy 3.1. Continue to act as the responsible Local Government Unit(LGU)for administration of the Minnesota Wetland Conservation Act(WCA)for project sites that have wetlands in the Lower Minnesota River and the Riley-Purgatory-Bluff Creek watersheds. Policy 3.2. Administer wetland protection and mitigation in accordance with the Minnesota Wetland Conservation Act,as amended, and the City's Wetland Protection ordinance. Policy 3.3. Maintain and periodically update the wetland inventory data and the wetland management classifications provided in this plan. Policy 3.4. Continue to require the establishment and maintenance of buffers around wetlands as set forth in the City's Wetland Protection ordinance. Groundwater Goals Goal 4. Work to prevent contamination of the aquifers,promote groundwater recharge and encourage water conservation practices. Policy 4.1. Continue implementation of the City of Eden Prairie Wellhead Protection Plan. Policy 4.2. Cooperate with the Minnesota Department of Health (MDH), Hennepin County,the Department of Natural Resources, and other agencies to periodically assess the vulnerability of groundwater used for drinking water supplies. Policy 4.3. Promote infiltration of stormwater and resulting groundwater recharge where it is feasible and does not pose a threat to groundwater quality, in accordance with the Minnesota Department of Health's Evaluating Proposed Storm Water Infiltration Projects in Vulnerable Wellhead Protection Areas. Policy 4.4. Promote proper well abandonment. Policy 4.5. Promote water conservation practices through education activities, incentive programs and demonstration projects with a long-term goal of an average residential usage of 75 gallons per capita per day. 5-2 I P a g e A F T 2 0 1 5 Erosion and Sediment Management Goal 5. Control or manage sediment discharge into surface water resources and drainage ways. Policy 5.1. Require erosion and sediment control training for staff that are responsible for inspecting erosion control on City and Private construction projects Policy 5.2. Require the management of stormwater runoff and erosion or sedimentation for any land- disturbing project Policy 5.3. Continue implementation of the City's Land Alteration,Tree Preservation and Stormwater Management Regulations and appropriate enforcement procedures and actions. Policy 5.4. Encourage the use of BMPs for erosion and sediment control as specified in the Minnesota Stormwater Manual (MPCA, 2005),as may be amended. Recreation,Fish,and Wildlife Goal 6. Support water recreation activities and fish and wildlife habitat by implementation of programs to maintain or improve water quality. Policy 6.1. Preserve vegetative buffers around wetlands and riparian areas to provide habitat for wildlife. Policy 6.2. Balance water recreational activities with water quality, habitat and AIS issues Policy 6.3. Explore new opportunities to integrate surface water based recreation activities and wildlife interests within wildlife corridors. Policy 6.4. Enhance recreational opportunities and access to the creek corridor. Policy 6.5. Maintain the natural beauty,accessibility and wildlife habitat for the creek corridors. Policy 6.6. Support programs for monitoring and managing exotic and invasive species. Policy 6.7. Work with the watershed districts to manage the spread of AIS through watercraft inspection programs, harvesting or herbicide treatments of invasive species, monitoring,etc. Policy 6.8. Design and construct lake outlets to provide a barrier to upstream migration of rough fish,and evaluate and maintain existing barriers as needed. Education and Public Involvement Goal 7. Increase public involvement and knowledge in management and protection of water resources. Policy 7.1. Involve and educate the residents of the City in water resource related issues. Policy 7.2. Offer programs, educational opportunities and information that facilitate an understanding of water resource issues in the City, region, and state. Policy 7.3. Increase public involvement and knowledge in management of water resources. Policy 7.4. Conduct a public involvement process when considering public policies impacting water and natural resources. Policy 7.5. Establish and expand model interpretive sites for the public. Policy 7.6. Seek opportunities to educate and work with local businesses towards improving water quality. 5-3 I 5.2 RELATIONSHIP TO OTHER AGENCIES'GOALS AND POLICIES The recommendations set forth in this Plan were developed to be consistent with local, regional, state, and federal rules,goals and policies including: A Local Water Management Rules Chapter 8410 A Wetland Conservation Act and Minnesota Rules Chapter 8420 A Minnesota Pollution Control Agency Water Quality Standards Chapter 7050 A U.S.Army Corps of Engineers Section 404 Clean Water Act A Riley Purgatory Bluff Creek Watershed District Water Management Plan A Nine Mile Creek Watershed District Water Management Plan A Lower Minnesota River Watershed District Water Management Plan A Metropolitan Council Water Resources Management Policy Plan A DNR's Strategic Conservation Agenda 2009-2013 A MPCA's 2013 Nonpoint Source Management Program Plan A Minnesota River Basin Plan 2001 A Metropolitan Council's Regional Park Policy Plan 5-4 Page 6.0 Implementation Plan 6.1 IMPLEMENTATION PLAN PRIORITIZATION A priority system was developed to reflect the City's responsibility to protect the health,safety,and general welfare of the environment and its citizens by addressing problems and issues specific to the City. The following factors were considered during development of Implementation Plan. A Corrective actions required. A Steps needed to alleviate or prevent future water management problems. A Educational programs currently provided by the City and where they need supplementation. A Existing goals and policies as well as changes needed to reflect upcoming regulatory needs and requirements. A Programs currently in place or required in the future to monitor and evaluate the effectiveness of the water management programs or policies enacted. A Watershed District Use Attainability Analysis(UAA) results. A Funding availability. A Overall water management concerns within the City. A Requirements of the NPDES Phase II permit A Expected MIDS policies and implementation actions A Completed, pending or expected TMDLs and implementation activities 6.2 PERMITTING AND ENFORCEMENT Numerous local,state,and federal agencies regulate water resources. However,the primary regulators are the City of Eden Prairie;the three watershed districts within Eden Prairie;the Minnesota Department of Natural Resources; and the Minnesota Pollution Control Agency. 6.2.1 Current Ordinances As listed in Section 2.1, Eden Prairie has enacted numerous policies and ordinances regulating and managing water resources. Ordinances require the dedication of easements to protect wetlands, ponds, buffers, native vegetation, etc. and when a private drainage facility is connected to a public drainage system. Developers are required to execute agreements specifying a party responsible for ongoing maintenance.City Code requirements also include the ability for the City to order work and assess the cost of maintenance if not satisfactorily provided by the responsible party. The City currently manages and regulates the following activities: A Floodplain regulation (Section 11.45), which establishes a Regulatory Flood Elevation two feet above the 1-percent(100-year)flood elevation and prohibits fill in the floodplain A Shoreland Management standards (Section 11.50), which establish development requirements, regulate shoreline alterations and disturbances, identify steep slopes and bluff impact zones, and establish a permitting program. 6-1 I P a g e DR AFT 2 0 1 5 A Standards for the Protection of Wetlands (Section 11.51), including setback and buffer strip requirements. Special permitting requirements are also established for land within the Lower Minnesota River and Riley-Purgatory-Bluff Creek Watershed Districts,for which Eden Prairie is LGU. A Land Alteration, Tree Preservation, and Stormwater Management Regulations (Section 11.55) regulating the alteration of the landscape, trees, or vegetation; establishing standards to minimize impact and replacement requirements; and regulating construction site erosion and sediment control. A Sloped Ground Development and Regulation (Section 11.60) standards prohibiting development on slopes in excess of 12 percent that may increase erosion or jeopardize the natural character of the land, including a permitting program. A Procedure for reviewing and granting or denying variances and exceptions (Section 11.76). 6.2.2 NPDES Permit Implementation Requirements As required by its NPDES Phase II Stormwater Permit,the City is updating its Plan to meet new Storm Water Pollution Prevention Program (SWPPP) requirements. Annual activities are detailed in the City's Annual Report and reviewed at an annual public meeting prior to submittal of the annual report to the MPCA. More information about the SWPPP can be found in the Living Green section of the City's Website edenprairie.org/community/living-green. The environmental staff of the Engineering Division maintains databases and ArcGIS mapping of stormwater and wetland information.These sources summarize pertinent management information about constructed ponds, wetlands,and other water resources in the City.The information provided for the stormwater ponding systems includes physical condition,watershed acreages, basin sizes, and other as-built information where available.This information is being collected and updated on an ongoing basis as part of the NPDES Phase II permit requirements. The State's General Permit was reissued effective August 1,2013,and the City has been issued a reauthorized permit.The City's SWPPP application identified a number of BMPs that the City needs to initiate or update.The 2013 permit also required revisions to the City's ordinances regarding stormwater management, namely adopting more stringent standards to reduce phosphorus and total suspended sediment in stormwater runoff, and limiting stormwater runoff volume for sites that are greater than 1 acre in size,or sites that are less than one acre but are part of part of a larger common plan of development or sale.The new requirements are set forth in Table 6.1 and are discussed in Section 6.2.4 below. 6.2.3 Watershed District Requirements Table 6.1 compares the current Eden Prairie ordinances to the NPDES stormwater permit requirements and the watershed districts' rules and standards. 6-2 Table 6.1.Watershed district standards compared to current Eden Prairie ordinances. Current Eden Prairie NPDES Stormwater Nine Mile Creek WD Riley-Purgatory—Bluff Creek Lower Minnesota Ordinance Permit Requirements WD River WD Threshold: new Land disturbance of Disturb>1 acre of land,or a. Land-disturbing activities a. Land-disturbing activities Disturb>1 acre of development greater than or equal to part of common that will disturb 50 cubic that will disturb 50 cubic land one acre, including development>1 acre yards or more of earth; yards or more of earth; projects of less than one b. Land-disturbing activities b. Land-disturbing activities acre that are part of a that will disturb 5,000 square that will disturb 5,000 square larger common plan of feet or more of surface area feet or more of surface area development or sale. or vegetation;or or vegetation;or c.Subdivision of a parcel into c.Subdivision of a parcel into three or more residential lots. three or more residential lots. Threshold: Land disturbance of Disturb>1 acre of land,or Same as above,except where Same as above except:where Disturb>1 acre of redevelopment greater than or equal to part of common redevelopment of more than redevelopment of more than land one acre, including development>1 acre 50%of site or that increases 50%of site or that increases projects of less than one impervious by more than impervious by more than acre that are part of a 50%, applies to entire site; 50%,applies to entire site; larger common plan of less than 50%of site,applies less than 50%of site, applies development or sale. only to disturbed area/new only to disturbed area/new impervious impervious Threshold: Movement of more than Disturb>1 acre of land,or a. Land-disturbing activities a. Land-disturbing activities As required by the grading and 100 CY of earth; removal of part of common that will disturb 50 cubic that will disturb 50 cubic General Permit for erosion control more than 10%of development>1 acre yards or more of earth, yards or more of earth, Construction Significant Trees;any b. Land-disturbing activities b. Land-disturbing activities destruction or disruption that will disturb 5,000 square that will disturb 5,000 square of vegetation covering an feet or more of surface area feet or more of surface area area equal to or greater or vegetation or vegetation than 10%of any Land. _ Water quality No net increase in TP or No net increase in TP or Treatment of 2.5" runoff to Provide for at least 60% Treatment as required TSS annual load (new TSS annual load (new remove 60%TP and 90%TSS removal of TP and 90% by the General Permit development); Decrease in development); Decrease (can count volume mgmt. removal of TSS from all runoff for Construction; TP and TSS annual load in TP and TSS annual load toward total) from impervious surface NURP pond designs (redevelopment). (redevelopment) apply Rate control Must evaluate capacity to No specific requirement No increase over 2-, 10-,and No increase over 2-, 10-, and No increase over 1-or attenuate flows as part of 100-year rates 100-year rates 2-, 10-,or 100-year SWPPP and incorporate if rates capable via a NURP pond 6-1 I D R A F T June 2 0 1 5 Current Eden Prairie NPDES Stormwater Nine Mile Creek WD Riley-Purgatory—Bluff Creek Lower Minnesota Ordinance Permit Requirements WD River WD Infiltration 1" runoff from new No net increase in annual 1" runoff from impervious 1.1"abstraction from all 0.5" runoff from new impervious surface runoff volume(new surface impervious surface impervious surface development); Decrease in annual runoff volume (redevelopment) Wetland a.Average 60 feet from No specific requirement a.Average 60 feet from the a. 20 to 80 feet from a.<2 acres, 25' buffer edge of exceptional value edge of high value wetlands, wetlands,depending on minimum; wetlands, minimum 40 minimum 30 feet; mgmt.class; b. .2 acres, 25' feet; b.Average 40 feet from the b. 50 feet from a water basin; minimum,average 50' b.Average 60 feet from edge of medium value c.50 feet from the centerline edge of high value wetlands, minimum 20 feet; of a public waters wetlands, minimum 30 c.Average 20 feet from the watercourse; feet; edge of low value wetlands, d. 30 feet from any c.Average 40 feet from minimum 10 feet. watercourse within the edge of moderate value defined High Risk Erosion Area wetlands, minimum 20 feet; d.Average 20 feet from edge of low value wetlands, minimum 10 feet A structure setback of 15 to 25 feet is also required, depending on the value classification. Linear projects Disturb>1 acre of land; Disturb>1 acre of land; Projects creating>1 acre new If project creates more than No specific may be excepted from may be excepted from impervious surface 5,000 square feet of new or requirement some or all infiltration some or all infiltration additional impervious surface. requirement if lack requirement if lack sufficient right of way sufficient right of way 6-2 I P a g e DR A F T June 2 0 1 5 Current Eden Prairie NPDES Stormwater Nine Mile Creek WD Riley-Purgatory—Bluff Creek Lower Minnesota Ordinance Permit Requirements WD River WD Variances Variances shall only be N/A May approve variance or Defines a procedure to N/A permitted when they are in exception if the variance will evaluate variances and harmony with the general not materially adversely affect exceptions, and generally may purposes and intent of the water resources,flood levels, approve if the variance will ordinance;the plight of the drainage or the general not materially adversely affect landowner is due to welfare,or if an applicant water resources,flood levels, circumstances unique to demonstrates that better drainage or the general the property not created natural resource protection or welfare,or if an applicant by the landowner; enhancement can be achieved demonstrates that better economic considerations by the project as proposed natural resource protection or alone do not constitute than would strict compliance enhancement can be achieved practical difficulties. with the provision. by the project as proposed than would strict compliance with the provision. Other N/A N/A N/A At least six inches of topsoil or N/A organic matter must be spread and incorporated into the underlying soil wherever topsoil has been removed. _ Other N/A N/A N/A Soil surfaces disturbed or N/A compacted during construction must be decompacted through soil amendment and/or ripping to a depth of 18 inches(8 inches for single family homes) 6-3 I P a g e D R A F T June 2 0 1 5 6.2.4 Potential Ordinance Revisions The City will adopt ordinance revisions as necessary to meet NPDES and Watershed District requirements,such as the following: A A volume management requirement that prohibits new development from increasing annual runoff volume from pre-project conditions,and requires redevelopment projects to decrease annual runoff volume except under certain specified conditions,to the maximum extent practicable. A A runoff water quality requirement that, prohibits new development from increasing annual total phosphorus (TP)and total suspended solids(TSS) load from pre-project conditions, and requires redevelopment projects to decrease annual TP and TSS loads,to the maximum extent practicable. A Establishment of a process for review and granting or denying of variance requests and exceptions in accordance with watershed district rules. A Revision to construction and post-construction requirements for land alteration projects to maintain regulatory consistency with Watershed District Rules and Standards. 6.3 IMPLEMENTATION PROGRAMS AND PROJECTS 6.3.1 Education and Outreach The City recognizes that a critical element in reaching the long-term goals developed for this LWMP is public education on the goals and policies established in this Plan.The City uses various media outlets such as local news articles, City newsletters(Life in the Prairie and Living Green), Facebook,and the City of Eden Prairie Living Green website(edenprairie.org/community/living-green)to educate citizens on water quality and water conservation programs.This could include updates on current actions the City is taking to monitor or improve stormwater systems, information about opportunities to improve water quality through workshops or forums,volunteer opportunities,or rebates. City events and festivals provide additional opportunities for education. High priority topics are periodically identified for emphasis,and may include topics such as: A Water resource management A Wildlife habitat A Groundwater protection A Litter control A Wetlands A Pet waste control A Native plant establishment A Leaf and grass clipping management A Wetland, lake and pond buffers A Lawn chemical and phosphorus fertilizer usage A Aquatic invasive species management A Ice control/winter chemical usage The City has developed an Environmental Learning Center, located at the Water Treatment Plant,to educate students on water quality and conservation,sustainability,waste reduction,and environmental stewardship. The ELC is an interactive activity center and laboratory for use by local school groups that focuses on water conservation and stormwater pollution prevention education.Tours of the City's water treatment plant are often incorporated into the educational experience. Adults and youth can also participate in outreach activities such as: A Storm drain labelling A Wetland Health Evaluation Program (WHEP) A Park cleanup events A Citizen Assisted Lake Monitoring program (CAMP) A Adopt-A-Street/Adopt-a-Storm Drain programs. The City Council relies on a citizen Conservation Commission to provide input and advice on topics such as stormwater,water quality,water conservation, environmental education, recycling and solid waste management. 5-4 I g e The City recognizes the value of coordination and collaboration with other agencies, and will continue these relationships and will utilize collaborative resources such as WaterShed Partners, Let's Keep it Clean,and the Minnesota Stormwater Coalition to maximize resources and message impacts. Education programming includes training for City staff on various water resources management topics.The Local Water Management Plan budget in Appendix A includes a budget for Water Resources and Stormwater Pollution Prevention Education Programs. 6.3.2 Maintenance and Operations The City periodically updates and revises its Stormwater Inventory Inspection and Maintenance Plan.This Plan includes both activities necessary to meet NPDES Phase II permit obligations as well as general operations and maintenance activities.These include: A Stormwater pond inspections. A Street and parking lot sweeping. A Catch basin inspection,cleaning,and repair. A Sump catch basin inspection, cleaning,and repair. A Sediment removal as needed. A Televising,jetting,and repair of storm sewers and culverts. A Treatment effectiveness evaluation. A Illicit discharge detection and elimination. Eden Prairie also maintains up to date GIS shapefiles containing information about water bodies,stormwater facilities, and stormwater infrastructure.The City is developing a program to link maintenance records with GIS records to create a dynamic information system. 6.3.3 Capital Projects The budget in Appendix A details a Capital Improvement Program (CIP).The Use Attainability Analyses(UAAs) completed by the Nine Mile Creek and Riley-Purgatory-Bluff Creek Watershed Districts and Total Maximum Daily Load (TMDL) studies have identified potential actions that could help protect and improve the water quality in and enjoyment of studied waterbodies.The Watershed Basin Inventory and Maintenance Assessment reports,the Town Center Stormwater Management Guide,the Stream Assessment(in supplemental document Appendix D), annual stormwater pond inventories and the water quality modeling completed by the City have identified a number of pond maintenance and other projects that the City could use to help restore or enhance the effectiveness of the stormwater system, lakes and creek. Funding for priority projects has been included in the CIP. The CIP also includes projects to install water quality Best Management Practices(BMPs) as part of routine street or other construction projects.These projects are intended to maximize the amount of nutrient and sediment removal of stormwater prior to being discharged into the lakes,streams,and wetlands in the community. Finally,the CIP includes capital projects to reduce lake internal loading,such as alum treatments, rough fish management,and invasive aquatic vegetation management.Stream inventories have been updated and were used to prioritize streambank stabilization and restoration projects for the Implementation Plan. This CIP is periodically reviewed and updated,and additional projects may be added as more or better information is available or as opportunities arise. 6-5 I 6.4 ADDRESSING IDENTIFIED PROBLEMS AND ISSUES As noted earlier in Table 4.2 of this Plan,the planning process revealed a number of problems and issues. Table 6.2 repeats those by category,and describes how each was addressed in this Plan. Table 6.2. Implementation actions addressing identified problems and issues. Category Identified Problems and Issues Identified Solutions Water Quality Lakes and streams listed on the Clean The CIP includes,and periodically will be updated Conditions Water Act Section 303(d)TMDL List of to include, pollutant load and runoff volume Impaired Waters. reduction projects to address listed impairments and NPDES permit requirements. Pond maintenance is needed and managed The City has an ongoing program of routine and through practices such as street sweeping, targeted street sweeping and sump manhole sump manhole cleaning, pond inspections, cleaning. Public stormwater ponds will continue to and pond maintenance projects. be systematically inspected and maintenance activities and projects programmed into the CIP. Regulatory Limited budget available to implement The budget in Appendix A prioritizes operating Requirements NPDES Phase II Permit requirements programs and projects to address both regulatory and requires prioritization of resources. and operational needs and water resource Operational improvements. Policies Atlas 14 updated precipitation frequency The watershed districts (except LMRWD) and City data is available for adoption. will require stormwater modeling work to use Atlas 14 precipitation depths and nested distributions. Approaches such as Minimal Impact The City will continue to work with developers to Development and Integrated Management encourage incorporation of these voluntary Practices are available to reduce the cost of standards into new development and controlling runoff and protecting and redevelopment. improving water quality. The City's 2013 NPDES permit and SWPPP City Code was revised to incorporate volume requires ordinance revisions and operating management and water quality requirements.The program enhancements. program enhancements are currently being finalized for the permit term. City goals, policies and ordinances to help The City currently has ordinances in place protect natural resources may need review protecting steep slopes and bluffs,shorelands, and refinement. wetlands, and the tree canopy. Water-Based Water quality should be protected and/or This Plan includes a number of capital projects and Recreation improved to protect and enhance maintenance programs intended to improve water Needs recreational opportunities. quality to better support fishing,swimming and boating. As water quality and clarity improves, The City will continue to work with the DNR and aquatic vegetation management is watershed districts to undertake actions such as necessary to reduce invasives and the use of alum, harvesting or herbicides to control encourage beneficial vegetation. invasive vegetation. Control of aquatic invasive species(AIS) is The City will continue to work with the DNR and of growing concern. watershed districts to undertake actions such as watercraft inspections, biocontrol,fish restocking, or other similar activities. Maintenance Pond maintenance and repair requirements The City will continue to systematically inventory Requirements have been identified during the basin and assess the condition of public stormwater inventory, including restoration of storage ponds.The CIP includes and will periodically be capacity, repair of erosion,and prevention updated to include projects identified in the pond of future problems. inventory and inspections. 6-Wage Category Identified Problems and Issues Identified Solutions Street sweeping,sump manhole cleaning, The maintenance program includes provisions for and pond inspections are necessary on an regular and special street sweeping; inspection and ongoing basis to help reduce nonpoint maintenance of sump manholes and catch basins; source pollutant loads. basin inspections and repairs; illicit discharge detection; and erosion control. Education Education and outreach efforts could be Education and outreach efforts will be continued and Outreach expanded with a focus on targeted groups for programs such as the Environmental Learning with new and expanded educational Center;written and electronic communications opportunities. through the City website, newsletters and social media; and opportunities for participation by citizen volunteers such as the Wetland Health Evaluation Program (WHEP)and the Citizen Assisted Monitoring Program (CAMP)for lakes; and annual workshops or participation in local events. Financial Financial resources are limited, requiring The budget in Appendix A prioritizes operating Resources that projects be prioritized. programs and projects to address both regulatory and operational needs and water resource improvements.The City will continue to leverage available funding by collaborating with partners and seeking grant funding. Groundwater The LWMP should be coordinated with the Infiltration requirements are to be integrated with Protection Wellhead Protection Program so that Wellhead Protection requirements to protect policies that encourage infiltration and groundwater quality. groundwater recharge are consistent with the policies to protect sensitive groundwater recharge areas Collaboration There are opportunities for collaboration The City will continue to collaborate with the Opportunities with other agencies such as the watershed watershed districts and other relevant agencies to districts, Hennepin County,the Three identify and complete capital projects. Rivers Regional Park District,and state agencies to leverage expertise and resources to finance and construct improvements. 6-7IP a g e 7.0 Funding Considerations The City will fund the Implementation Program (IP)through a combination of funding sources.The primary source of funds will be Stormwater Utility Fees.The types of activities included in the IP can be categorized as operations and maintenance; programs and special studies; and capital projects.Operations and maintenance and most of the proposed programs and special studies would be funded by the Stormwater Utility,the General Fund,or the Water Surcharge Fund. For capital projects, other sources of funding may be available to supplement Stormwater Utility Funds,such as: matching funds from the watershed districts,contributions from other agencies for cooperative projects,or grant funds. 7.1.1 Stormwater Utility Fees The City's Stormwater Utility revenue is generated by fees according to land use(Table 7.1). In 2015 this fee will rise to a total of about$1.86 million.The stormwater utility fee will be the primary funding source for the Implementation Plan. The budget in Appendix A shows the estimated expenditures and revenues from this source, based on preliminary discussions of potential rate increases through 2020. Table 7.1. Eden Prairie Stormwater Utility rates for 2015. Quarterly Rate Land Use 2015 Single family(per lot) $9.10 Multi-Family(per acre) 90.40 Industrial (per acre) 90.40 Commercial/Office(per acre) 115.50 Institutions(per acre) 102.45 Parks/Open Space/Golf(per acre) 12.60 Undeveloped Lands(each) 30.15 Airport/Landfill (per acre) 22.47 7.1.2 Watershed District Funding Some projects are eligible for cost share by the watershed districts. Each district has in place cost-sharing policies and a procedure to determine the watershed-wide benefit of improvements petitioned for by the cities. Some of the projects proposed for construction have been approved by the watershed district for funding consideration. Projects and programs in the IP in subsequent years must be brought forward by the City to the watershed district for individual consideration. 7.1.3 Other Funding Sources A number of grants are available that might supplement City funds which should be evaluated as projects are scheduled.The City has obtained Clean Water Fund grants from the Legacy Amendment, and that will continue to be a source of potential funding. The Department of Natural Resources maintains a number of relevant grant programs. Most of these grants require a 25-50 percent match. The MPCA also administers several grant and loan programs, although these are targeted to water resource studies and TMDL studies. The availability of funds will be evaluated as project needs arise. 7-1IPege 8.0 Amendments to the Plan The Eden Prairie Local Water Management Plan extends from 2015 to 2024. However,this document is intended to be a planning tool that will change as the City's needs change and may be amended as necessary to meet the City's goals. The Implementation Plan will be reviewed and updated as needed. The financial analysis will be reviewed annually and updated as the City's annual CIP and project needs are evaluated and completed. 8.1.1 Public Requests for Amendment Any person or persons either residing or having business within the City can request amendments. Requests for Plan amendment must be submitted in writing to the City Manager. The request shall outline the need for the amendment as well as any materials the City may need to consider before making its decision. City staff shall review the amendment request and determine whether the requested amendment is warranted. Staff shall consider the following options: A Reject the amendment request as unwarranted. A Accept the request as a minor issue. Minor issues will be added to the Plan on an annual basis through staff amendment. A Accept the request as a major issue.The amendment request and the need for a public hearing will be evaluated by City staff and scheduled with the City Council for review and consideration. Examples of the types of amendment requests that may require a public hearing are: revisions to the City's Goals and Policies; adoption of more stringent official controls;or proposals to discontinue programs or actions that would reduce the City's ability to achieve the Goals of this Plan.After review and/or public hearing before the City Council,the amendment will be approved or denied and if necessary, referred to the appropriate watershed district or other agency for comment and approval. 8.1.2 Staff Amendments City staff will review development changes, budget amendment requirements,capital improvement projects and water management-related issues on an annual basis. Major implementation items that need amendment will be forwarded to the Watershed Districts for review as needed. City Staff will incorporate minor changes,such as wetland review results, budget changes, changes in education and outreach programming, basin repair issues,or stormwater pond creation or expansions, into the Plan or database as needed. Major issues will be brought to the attention of the City Council and/or Watershed District for review and approval. Major issues,such as significant changes in the Plan's goals or implementation programs,would become effective upon completion of the City Council review and adoption. 8-1 I 9.0 Planning Process The City initiated work on this Plan update in 2012.A kick-off meeting with the Watershed Districts was held on December 12, 2012. At this meeting the District representatives described their requirements for the Plan and what they would like to see the City focus on in the coming ten years. The City's Conservation Commission acted as the Citizen's Advisory Committee for this Plan update.An initial discussion was held with the Conservation Commission on March 12,2013.That discussion included an overview of the requirements for Local Plans,and introduction to the problems and issues the Plan would address.The City's current ordinances related to water resources management were compared to the requirements of the watershed districts and to the reauthorized State of Minnesota General Stormwater Permit and Construction Permit at the Commission's October 8,2013 meeting. It was noted that revisions were necessary to the City's code of ordinances to bring them in to conformance with the General Stormwater Permit requirements. The proposed Goals and Policies were reviewed by the Commission at its November 12, 2013 meeting. On May 12, 2015 the Commission discussed the implementation plan components and was provided an overview of the ordinance revisions that were being revised to meet new requirements for stormwater management. City staff provided a status update to the City Council workshop at its workshop on February 17, 2015.This update included a summary of the Local Water Management Plan update as well as the new stormwater permit requirements and a proposed no-wake ordinance for Riley,Staring and Bryant Lakes.The Planning Commission also received this update in more detail at its meeting on March 9,2015. 9-1(P a g e DR A F I 10.0 References Balaban, N.H. 1989. Geologic Atlas: Hennepin County, Minnesota. University of Minnesota,County Atlas Series, Atlas C-4. Barr.2007. Lake Riley Outlet Improvements and Riley Creek Lower Valley Stabilization Feasibility Study. Blue Water Science. 2011. Lake Monitoring Results for Birch Island, Neill, Red Rock,and Smetana Eden Prairie, Minnesota, 2010. Blue Water Science. 2011b. Lake Monitoring Results for Neill Lake, Eden Prairie, Minnesota,2010 Blue Water Science. 2011c.Water Quality and Aquatic Plant Surveys for Smetana Lake, Eden Prairie, Minnesota, 2010. Blue Water Science.2012. Lake and Pond Monitoring Results for Eden Prairie, Minnesota,2011. Blue Water Science. 2012b.Water Quality and Aquatic Plant Surveys for Neill Lake, Eden Prairie, Minnesota, 2011. Blue Water Science. 2012c.Water Quality and Aquatic Plant Surveys for Smetana Lake, Eden Prairie, Minnesota, 2011. Blue Water Science.2013. Lake and Pond Monitoring Results for Eden Prairie, Minnesota, 2012. Lower Minnesota River Watershed District. 2011.Third Generation Watershed Management Plan. http://www.watersheddistrict.org/plan.html Minnesota Department of Natural Resources. 2014. Lakefinder. http://www.dnr.state.mn.us/lakefind/index.html Minnesota Pollution Control Agency. Environmental Data Access. 2014. Surface Water Data. http://www.pca.state.mn.us/index.php/data/surface-water.html Minnesota State Climatology Office. 2014. Historical Climate Data Retrieval. http://climate.umn.edu/doc/historical.htm Minnesota Stormwater Manual. 2005. http://www.pca.state.mn.us/index.php/water/water-types-and- programs/stormwater/stormwater-management/minnesotas-stormwater-manual.html Nine Mile Creek Watershed District.2009.Watershed Management Plan. http://www.ninernilecreek.org/Reports/wmp.asp NOAA National Climatic Data Center.2014. 1981-2010 Normals Data Access. http://www.ncdc.noaa.gov/land- based-station-data/climate-normals/1981-2010-normals-data Peterson Environmental Consulting. 1999. City of Eden Prairie Comprehensive Wetland Protection and Management Plan. Riley Purgatory Bluff Creek Watershed District. 2011.Water Management Plan. http://www.rpbcwd.org/resources/wmp/ USDA NRCS.2014. Soil Survey Geographic(SSURGO) Data Base. http://www.lib.ncsu.edu/gis/nrcs.html Wenck Associates. 2013.Staring Lake Watershed Basin Inventory and Maintenance Assessment. Wenck Associates. 2013. Eden and Neill Lakes Watershed Basin Inventory and Maintenance Assessment. Wenck Associates. 2014. Duck and Red Rock Lake Watersheds Basin Inventory and Maintenance Assessment. Wenck Associates. 2014. Eden Prairie Town Center Stormwater Management Guide. Wenck Associates. 2014.2014 Riley Creek Erosion Monitoring Technical Memorandum. Appendix A Budget and Capital Improvement Program [This page is intentionally blank DRAFT 2015-2024 BUDGET PROJECT 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Project COMMENTS Totals (CAPITAL IMPROVEMENT PROJECTS MISC.CIP PROJECTS Creek and River Stabilization and Improvement $140,000 $20,000 $75,000 $100,000 $50,000 $150,000 $150,000 $300,000 $150,000 $1,135,000 Future bank stabilization,stormwater system improvements,or volume control projects Projects identified in the Local Water Management Plan,stormwater system inventory or future TMDLs. Facilities Water Quality Improvement Projects $35,000 $100,000 $275,000 $410,000 Stormwater system improvement projects as identified in the Citys 2015 Facilities Inventory _ _ and Maintenance Plan. Inflow and Infiltration Projects $25,000 $25,000 $125,000 $50,000 $50,000 $50,000 $325,000 Residential drainage improvement programs associated with an Inflow and Infiltration Project. Purgatory Creek-Creek Bank and Stilling Basin $50,000 $15,000 $65,000 To repair areas damaged by 2014 storm events. Repairs south of Riverview Road Riley Creek Bank Stabilization Project $7,500 $7,500 Repair of Riley Creek Reach H2-H3 damaged in 2014 storm events. Riverview Road/Purgatory Creek Culvert Repairs $50,000 $50,000 Replacement of storm culvert under Riverview Road at Purgatory Creek. Round Lake Water Quality Improvement Project $25,000 $25,000 Alum treatment for water quality improvement in Round Lake. Salt/Cold Storage Building $85,000 $85,000 Construction of a salt and cold storage building. Smetana Lane/Liberty Place Outlot A Berm $25,000 $25,000 Repair of the berm and replacement of the culvert at Nine Mile Creek. Staring Lake Watershed-Sand Filter Bench(Pond 22- $16,000 $16,000 Monitoring,maintenance and installation of educational signage as required by the Clean 13-B) Water Fund Grant. Street Sweeper Replacement $210,000 $265,000 $475,000 Replacement of the two sweepers owned and maintained by the city. Sunnybrook Road/Frances Lane Pond Improvement $50,000 $25,000 $75,000 To evaluate and repair the ponding system along Sunnybrook and Francis Lanes,includes Project(Pond 23-33-A) dredging of ponds. Town Center/Singletree Lane/Eden Prairie Mall $50,000 $250,000 $175,000 $200,000 $675,000 Stormwater management and water quality improvement projects identified in the Town Center Stormwater System Improvements stormwater study.The projects are to help drainage flowing to Staring,Neill and Eden Lakes. Water quality improvement projects such as those identified in the stormwater inventory and Water Quality Improvement Projects $575,500 $305,000 $284,000 $434,000 $489,000 $638,000 $662,000 $661,000 $795,000 $890,000 $5,733,500 mtivert Projects ou in ding, ati treatenhancements,ent effec pondness expansions repos. or otherc miscellaneous ldclude waterpond redg quality improvement projects not currently identified. ROAD CIP PROJECTS Road Improvement Projects $150,000 $375,000 $600,000 $600,000 $200,000 $200,000 $350,000 $350,000 $2,825,000 For stormwater system improvements to meet NPDES and Watershed District requirements during road construction projects. _ General roadway improvements/stormwater system $50,000 $75,000 $125,000 $150,000 $175,000 $200,000 $225,000 $275,000 $300,000 $1,575,000 For stormwater system improvements to meet NPDES and Watershed District requirements upgrades during road maintenance or repair projects. Total-Capital Improvement Expenses $939,000 $700,000 $1,069,000 $1,499,000 $1,474,000 $1,413,000 $1,437,000 $1,586,000 $1,695,000 $1,690,000 $13,502,000 (NON-CAPITAL IMPROVEMENT PROJECTS Aquatic Invasive Species Control $85,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $80,000 $80,000 $80,000 $775,000 To be used for watercraft inspections,lake harvesting,biocontrol,fish re-stocking,alum _ treatments or other similar lake management activities. General Water Quality Improvement Expenses-Non- Miscellaenous expenses not related to capital projects such as education,uniforms,legal fees, capital $42,000 $42,000 $43,500 $43,500 $44,000 $45,000 $45,500 $46,500 $47,000 $47,000 $446,000 cellphones,mileage,small tools or equipment,repairs,lift station power,etc.). General Water Quality Improvement Expenses-Staff $250,000 $330,000 $335,000 $340,000 $345,000 $350,000 $355,000 $360,000 $375,000 $380,000 $3,420,000 City staff time,includingbenefits,spent on developing,designing,constructing,monitoring and maintaining city water quality improvement projects. General Water Quality Improvement Expenses- $100,000 $100,000 $105,000 $105,000 $105,000 $110,000 $110,000 $110,000 $125,000 $125,000 $1,095,000 Interdepartmental user fees for items such as information technology,fleets,workmans Interdepartmental User Fees _ compensation insurance,and property insurance. Goose Control/Management $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $100,000 Management of the goose population within public parks and other impacted properties. _ Lift Station/Drainage Area Study $50,000 _ _ _ $50,000 To identify ways to improve the system operation of the Old Wagon Trail Lift Station. Miscellaneous items such as database management,engineering advice,miscellaneous NPDES-Program Costs $107,500 $30,000 $30,000 $35,000 $35,000 $90,000 $90,000 $45,000 $45,000 $70,000 $577,500 testing and analysis,Stormwater Plan updates,Water Management Plan updates,or other miscellaneous projects and requirements as needed. _ NPDES education and outreach for the public.Includes workshops,forums,annual meetings, NPDES-Education and Outreach Programs $12,500 $14,000 $15,000 $16,000 $16,500 $17,500 $17,500 $18,500 $19,000 $20,000 $166,500 Citizen Assisted Monitoring Program(CAMP),Wetland Health Evaluation Program(WHEP), and other public education programs or opportunities. NPDES-Stormwater System Inspection,Inventory $25,000 $40,000 $75,000 $20,000 $100,000 $25,000 $125,000 $25,000 $100,000 $25,000 $560,000 Watershed assessment,inventory and treatment effectivenss evaluation for subwatershed and Treatment Effectiveness Assessment areas to determine maintenance needs and projects. Street Sweeping $20,000 $20,000 $25,000 $25,000 $25,000 $25,000 $30,000 $30,000 $30,000 $35,000 _$265,000 General street sweeping costs such as contractor costs or supplies. _ Water Quality Program Rebates $10,000 $12,500 $12,500 $12,500 $15,000 $15,000 $15,000 $17,500 $17,500 $20,000 $147,500 For native plantings,raingardens,shoreland restoration or permeable pavement projects that _ _ _ _ qualify for water quality improvement rebates. _ Water Quality Monitoring(WOMP)Station $17,500 $15,000 $32,500 To track water quality within the Riley Creek watershed.Anticipate closure in 2017 and _ _ _ reinstatement by the Watershed District in the future. _ Water Quality Monitoring and Assessments $20,000 $25,000 $30,000 $35,000 $40,000 $40,000 $40,000 $45,000 $45,000 $45,000 $365,000 For lake,pond and creek monitoring for water quality analysis. Wetland and Stormwater Project Maintenance $12,500 $15,000 $15,000 $17,500 $17,500 $20,000 $20,000 $25,000 $25,000 $30,000 $197,500 City wetland mitigation or specialty stormwater management project monitoring,maintenance and repairs. Total-Non-Capital Expenses $712,000 $728,500 $821,000 $734,500 $828,000 $822,500 $933,000 $812,500 $918,500 $887,000 $8,197,500 GRAND TOTAL-ANNUAL EXPENSES i$1,651,000 $1,428,500 $1,890,000 1$2,233,500 i$2,302,000 $2,235,500 $2,370,000 $2,398,500 i$2,613,500 $2,577,000 $21,699,500 Stormwater Utility Budget Planning for 2015-2024 -1- Appendix B HydroCAD Modelling Results This technical document is available separately [This page is intentionally blank) Appendix C Lakes Information [This page is intentionally blank Eden Prairie Lake Data Anderson Lake- Anderson Lake- Birch Island Lake Bryant Lake Duck Lake Grass Lake Lake Eden Lake Idlewild McCoy Lake Mitchell Lake Neill Lake Red Rock Lake Rice Lake Rice Marsh Lake Riley Lake Round Lake Smetana Lake Staring Lake Northwest Southwest General Lake Information City Water Body ID# 13-42-A 13-31-A 04-13-B 02-23-A 05-34-A 33-11-A 23-21-B 14-21-A 21-14-A 17-22-A 23-41-A 16-33-A 31-11-A 18-32-B 19-32-A 08-31-A 12-34-A 22-32-A DNR ID# 27-0062-01 P 27-0062-03 P 27-0081 P 27-0067 P 27-0069 P 27-0080 P 27-1011 W 27-0074 P 27-0077 P 27-0070 P 27-0079 P 27-0076 P 27-0132 P 10-0001 P 10-0002 P 27-0071 P 27-0073 P 27-0078 P Watershed District Nine Mlle Creek Nine Mlle Creek Nine Mile Creek Nine Mile Creek Riley-Purgatory- LowerMinnesola Riley-Purgatory- Riley-Purgatory- Riley-Purgatory- Riley-Purgatory- Riley-Purgatory- Riley-Purgatory- LowerMinnesota Riley-Purgatory- Riley-Purgatory- Riley-Purgatory- Nine Mile Creek Riley-Purgatory- Bluff Creek River BluflCreek Bluff Creek Bluff Creek Bluff Creek Bluff Creek Bluff Creek River Bluff Creek Bluff Creek Bluff Creek Bluff Creek Ordinary High Water Level(feet) 839 852.6 915.3 697.1 856 824.5 871.5 840.5 699.2 877 865.3 880.8 835.2 815.3 Drainage basin area 452 278 543 1991 211 703 301 462 853 1763 444 929 615 Lake Area(acres)(open water) 138 80 43 177 41 467 17 15 10 112 34 97 517 81 286 32 51 164 Drainage Basin to Lake Area Ratio 3 3 13 11 5 47 3 5 11 8 14 18 4 Maximum Depth(feet) 10 9 14 45 10 3.5 9 16 10 16 3 10 49 37 12 14 Littoral Area(acres) 138 80 43 64 41 487 15 109 34 91 517 81 110 23 51 146 DNR Fish Management Information Primary BLG BLG NOP NOP,Carp NOP,Carp BLB WHS,BLB,BLG BLG,BLB NOP(spawning) NOP NOP NOP NOP,Carp Secondary LMB BLG BLG,BLC BLB BLG LMB - BLG,Carp BLG,Carp BLG BLB Winter Kill Status(Yes/No) 1 Yes Yes Yes No Yes No No No Yes No No Yes Yes DNR Shorelantl Classification Natural Natural Recreational Recreational Recreational Natural Unspecified Unspecified Unspecified Natural Unspecified Recreational Natural Natural Recreational Recreational Natural Recreational Environment Environment Development Development Development Environment psi peci Peci Environment Development Environment Environment Development Development Environment Development DNR Fish Management Classification Unspecified Unspecified 30 24 40 Unspecified Unspecified Unspecified Unspecified 42 Unspecified 42 Unspecified 42 24 30 40 43 Fishery Information U III • Public Access Information None None Canoe Ramp(Henn Parks) Carry On None None None None Ramp None Ramp None None Ramp Ramp Ramp DNR Ramp Norihem Pike(NOP) Yes Yes No Yes Yes No Yes Yes Sunfish(SUN,GSF,GRS,BLG) BLG BLG SUN BLG,GRS BLG BLG,GRS,GSF GRS,BLG,GSF BLG.GRS GRS,BLG,GSF BLG,GSF,GRS BLG BLG,GRS,GSF Bass(SMB,LMB) LMB LMB LMB LMB LMB LMB LMB LMB LMB White Crappie(W HC) No Yes No Black Crappie(BLC) Yes Yes Yes Yes Yes Yes Yes Yes Yes Yellow Perch(YEP) Yes No Yes Yes Yes Yes Yes Walleye(WAE) No Yes Yes Yes Other Species Identified(See Key) BLB BLB Carp,TME BLC,BLB,BRB. BLB BLB,WHS BLB,WHS TME,BLB YEp SEP,WHS,BLB, WHS BRB,Carp Public Park Access Information County County City County None None City None City City City trail City CoAnreearvation USFWS City City City City City Water Quality Information Years Water Quality Data 2003-2013 6 6 3 7 3 None 1 None None 8 2 4+4 SD Only None 4 9 4 3 6 Trophic State Index(TSI oN) 80 71 47 80 58 73 64 62 67 58 62 60 48 71 Secchi Depth(meters/feet) 1.6/5.2 0.9/2.9 1.4/4.6 2.2/7.2 1.8/5.9 0.6/2.0 1.3/4.3 1.1/3.7 1.5/4.9 1.7/5.6 1.6/5.2 1.7/5.6 1.5/4.9 0.5/1.6 Average Summer Phosphorus(ppb) 45 102 41 39 58 185 68 100 73 108 38 46 99 105 Average Summer Chlorophyll(ppb) 21 80 6 20 18 74 30 24 42 16 24 20 6 61 Abundant Aquatic Plants(Yes/No) Yes Yes Yes No Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Exotic Aquatic plants(Yes l No) Yes Yes Yes Yes Yes Yes No Yes No Yes No Yes Yes Yes Yes Yes Yes Yes BLC-Black Crappie WHC-White Crappie SUN-Sunfish species BLG-Blue Gill GSF-Pumpkinseed Sunfish LMB-Largemouth Bass SMB-Smallmouth Bass NOP-Northern Pike WAE-Walleye BLB-Black Bullhead BRB-Brown Bullhead TME-Tiger Muskellunge YEP-Yellow Perch WHS-White Sucker Eden Prairie Lake FacN.xls 12/22/2014 Anderson Lake North � _ _ �_ Ykiq Dr- - =VKIYJ9, a LAKE DATA r,,,,. Eden Prairie Basin I.D.# 13-42-A DNR I.D.# 27-0062-01 DNR Classification Natural Environment 1. a Lake Area (acres) 138 -,q., Noah Anderson Littoral Area (acres) 138 f If Tributary Area (acres) 452 P,,,. Maximum Depth (feet) 10 '" Depth Class Shallow ����� x a � Recreation Aesthetics Fishery Bluegill ill —A , Public Access None /1 DNR Recreation Compass Anderson Lake North Summer Total Phosphorus History Anderson Lake North Transparency History too 0 -, 0.5▪ 80 ho N 1 -- I- �. • 60 n IP s n 1.5 D. — cta r a, 2 a To I- 20 liii 25 3 EDE 0 1I 1 2004 2006 2008 2010 2012 2014 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 —State Standard Year Year PRAT RI —State Standard State water quality standard for Total Phosphorus(TP)is 560 pg/L(ppb) State water quality standard for clarity(Secchi Depth,SD)is >1.0 meter LIVE•WOHN•DREAN Anderson Lake Southwest �� ® C 4,5t1` a Wi8I� LAKE DATA r4, Eden Prairie Basin I.D.# 13-31-A DNR I.D.# 27-0062-01 DNR Classification Natural Environment 1. a Lake Area (acres) 80 -,,, Noah Anderson -*, II Littoral Area (acres) 80 f If Tributary Area (acres) 278 Pm% J Pa'il,,n'.Irc0 ¢ ( Maximum Depth (feet) 9 '" Depth Class Shallow ��I �� x a Recreation Aesthetics Fishery Bluegill —A Public Access None ------1 DNR Recreation Compass Anderson Lake Southwest Anderson Lake Southwest Transparency History Summer Total Phosphorus History 200 a.sc 1 1 1 I 150 1 c 2.5Im. 100 go c 1.5 El a`+ 2 50 — 3 EDE2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2004 2006 2008 2010 2012 2014 —State Standard Year —State Standard Year PRAI RI State water quality standard for Total Phosphorus(TP)is 560 pg/L(ppb) State water quality standard for clarity(Secchi Depth,SD)is >1.0 meter LIVE•WOHN•DREAN 1 Birch Island Lake ' N • () LAKE DATA Eden Prairie Basin I.D.# 04-13-B DNR I.D.# 27-0081 0 DNR Classification Recreational Development ii Lake Area (acres) 43 Birch Island Littoral Area (acres) 43 Tributary Area (acres) 543 - Maximum Depth (feet) 14 ';, Depth Class Shallow i Recreation Aesthetics ----- Ca,a.mu._ _pert Vail..a _-- Fishery Unknown S =m Public Access None DNR Recreation Compass Birch Island Lake Summer Total Phosphorus History Birch Island Lake Transparency History 100 0 Pi I80 1 -- E 60 E 2 n 0. = 40 a 3 o -c L To F 20 rn 4 0 1 1 1 1 1 i 5 _ - 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2004 2006 2008 2010 2012 2014 EDE -State Standard Year -State Standard Year PRAIRI State water quality standard for Total Phosphorus(TP)is 560 pg/L(ppb) State water quality standard for clarity(Secchi Depth,SD)is >1.0 meter LIVE•wpBN•DREAN _- wnnus,. Bryant Lake 62 \_ ., U LAKE DATA Matuew u pQ1°`1he II'I 1 . \ 1r. Eden Prairie Basin I.D.# 02-23-A t ‘,„ ..., 4 il DNR I.D.# 27-0067 i�-, h , it ova,, VIDO L R-«ion I DNR Classification Recreational Development © m Lake Area (acres) 177 `, , f; Littoral Area (acres) 64 M kg lb ) -.------'. . a,-yant Tributary Area (acres) 1991 `" ;11 Maximum Depth (feet) 45 e i 1, # Depth Class Deep 11,0:1.):,, S411) Recreation Swimming, boating,fishing # Round FisheryMuskellunge walleye IltP g Y Public Access Ramp, northeast side of lake .0._ ii ! DNR Recreation Compass Bryant Lake Summer Total Phosphorus History Bryant Lake Transparency History 60 z be • 50 fi p 40 a 4 �`�.+� '.4 s C7 0 30 r 6 o th' Seta, 20 ✓, i-▪ 10 8 10 ED E 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2004 2006 2008 2010 2012 2014 -State Standard Year -State Standard Year PRAI RI I State water quality standard for Total Phosphorus(TP)is 540 pg/L(ppb) State water quality standard for clarity(Secchi Depth,SD)is _. 1.4 meter LIVE•wpew•DREAV Duck Lake ,-- _, _ _ _L ______ . LAKE DATA t, ____,-,---.. Eden Prairie Basin I.D.# 05-34-A _�„ _ =sue+:o DNR I.D.# 27-0069 A ! a DNR Classification Recreational Development PadI4 p' 11 Lake Area (acres) 41 g• Littoral Area (acres) 41 1 u Tributary Area (acres) 211 pte,bgrg• _,i Maximum Depth (feet) 10 i ' 1. Depth Class Shallow4-- - L I...,„ _____--:"------'' 00*l. 11 Recreation Aesthetics,fishing 1c tcr._ ii Fishery Bluegill, largemouth bass '' r ,._:::- L=-_ _ _ Public Access Carry-in __.n."_—_r------\ ii DNR Recreation Compass Duck Lake Summer Total Phosphorus History Duck Lake Transparency History 100 o 80 os I I I I -. OD ' E 1 N 60 - 0 1.5 ' s G s 40 8 2 N 2.5 r I- 20 3 3.5 EDEN 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2004 2006 2008 2010 2012 2014 2016 —State Standard Year —State Standard Year PRAIRIE State water quality standard for Total Phosphorus(TP)is 560 pg/L(ppb) State water quality standard for clarity(Secchi Depth,SD)is _>1.0 meter LIVE•wpflK•DREAM Idlewild Lake f. LAKE DATA Eden Prairie Basin I.D.# 14-21-A rechr 7 Dr DNR I.D.# 27-0074 DNR Classification N/A Idle ,/' Ipt Lake Area (acres) 15 Littoral Area (acres) 15 Tributary Area (acres) 703 Maximum Depth (feet) 9 Depth Class Shallow Recreation Aesthetics ❑ f T ) 11 +� ' Fishery Bluegill, sunfish r Public Access None r. I DNR Recreation Compass Lake Idlewild Summer Total Phosphorus History Lake Idlewild Transparency History 100 0 — 00 80 1 o E 60 o £ 2 o. y r 40 , 3 0. t m 0 20 A 4 0 5El 2004 2006 2008 2010 2012 2014 2004 2006 2008 2010 2012 2014 2016 -State Standard Year -State Standard Year 'RAIN .Il State water quality standard for Total Phosphorus(TP)is 560 pg/L(ppb) State water quality standard for clarity(Secchi Depth,SD)is . 1.0 meter AYE•wp N•OWEbh Mitchell Lake 15� n,ho, I5 LAKE DATA Eden Prairie Basin I.D.# 17-22-A DNR I.D.# 27-0070 j ( a" DNR Classification Natural Environment • If.A Lake Area (acres) 112 I, "YCp Littoral Area (acres) 109 ' # -& Tributary Area (acres) 301 Z 4 Maximum Depth (feet) 16 `' Depth Class Shallow Recreation Boating,fishing pier - Fishery Bluegill, largemouth bass,walleye Public Access Ramp,southeast side Curly-leaf pondweed, Eurasian — Invasive Species watermilfoil DNR Recreation Compass ,,_(‘,�_P"-----,\ Mitchell Lake Summer Total Phosphorus History Mitchell Lake Transparency History 120 o 100 — . 11111 . 80 e 1 — - Z%f+i Syr .... a 40 u 2.5 Tom 'av, 1— 20 3.4 E D E 2004 2006 2008 2010 2012 2014 4 2002 2004 2006 2008 2010 2012 2014 2016 —State Standard Year Year PRAI RI State water quality standard for Total Phosphorus(TP)is 560 pg/L(ppb) State water quality standard for clarity(Secchi Depth,SD)is >1.0 meter LIVE•W UN•DREAV Red Rock Lake ,.__-_JI - -qpirrillo - , ____,„-4'.9, LAKE DATA V __Eden Prairie Basin I.D.# � 16-33-A ,� 4 �y DNR I.D.# 27-0076 g ___:_=' `_"6p jj'=i 4. DNR Classification Recreational Development Lake Area (acres) 97 Non 0 o �^ Littoral Area (acres) 91 Tributary Area (acres) 462 I Maximum Depth (feet) 16 '`� •r AF Depth Class Shallow II °'+xr p„� Recreation Boating -Gunrnne. �t Fishery Bluegill,yellow perch, pike \\\_7---. In Public Access Ramp,southeast side Invasive Species Curly-leaf pondweed _- DNR Recreation Compass a .S Red Rock Lake Summer Total Phosphorus History Red Rock Lake Transparency History 120 0.5 ' liii II1 I: E r1.5 :E lirkiiirmiLl‘ 1 7/ • 60 — G 2 a s 40 25 a u m I 3 "a 20 42002 2004 2006 2008 2010 2012 2014� 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 EDE —State Standard Year —State Standard Year PRAI RI State water quality standard for Total Phosphorus(TP)is 560 pg/L(ppb) State water quality standard for clarity(Secchi Depth,SD)is . 1.0 meter ieYE•WOHN•DREAN Rice Marsh Lake ¢ • :� J LAKE DATA .,*,,,.0 ` lar, Eden Prairie Basin I.D.# 18-32-A `a •..- DNR I.D.# 10-0001 ' d DNR Classification Natural Environment __- Lake Area (acres) 81 Littoral Area (acres) N/A Rice Marsh Tributary Area (acres) 853 Maximum Depth (feet) 10 — Depth Class Shallow Recreation Aesthetics,trail I. Fishery Unknown Public Access None DNR Recreation Compass Rice Marsh Lake Summer Total Phosphorus History Rice Marsh Lake Transparency History 140 00 120 0.5 m = 100 E 1.0MI v.:- _ -- c 80 - a r a 1.5 a 60 p L a. 40 u 2.0 7ti a m v.1- 20 2.5 �. 430 EDE 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2002 2004 2006 2008 2010 2012 2014 2016 -State Standard Year -State Standard Year PRAI RI State water quality standard for Total Phosphorus(TP)is 560 pg/L(ppb) State water quality standard for clarity(Secchi Depth,SD)is _. 1.0 meter iiYE•wpeN•DREAN Riley Lake LAKE DATA T b� °'° Eden Prairie Basin I.D.# 19-32-A 4? 0 DNR I.D.# 10-0002 —..-- - f ikovi g � ' I 'r%o ys�j DNR Classification Recreational Development $'"""` �1 s �0 Lake Area (acres) 286 s ... Riley w Littoral Area (acres) 110 Tributary Area (acres) 1763 I ry 7.___):/} 1 Maximum Depth (feet) 49 ra ,s, I. tih eto Depth Class Deep _ f�`�s tie ° 75 9 Recreation Beach, boating,fishing pier f ice - Fishery Walleye, bluegill,yellow perch f r It Public Access Ramp,east side of lake _� ,' ' ` � 2) 4�a 5 Invasive Species Curly leaf pondweed, Eurasian watermilfoil,common carp DNR Recreation Compass Lake Riley Summer Total Phosphorus History Riley Lake Transparency History 80 - III I, L I II „ 70 2 b 60 E 50 « 4 a 0 4030 0 r a y 6 0 La 20 �n k To .g 10 I I 8 0 1 1 1 1 1 1 1 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 10 2002 2004 2006 2008 2010 2012 2014 EDE -State Standard Year -State Standard Year PRAIRI State water quality standard for Total Phosphorus(TP)is 540 pg/L(ppb) State water quality standard for clarity(Secchi Depth,SD)is _. 1.4 meter iiYE•WIBN•DREAN Round Lake N. LAKE DATA :...\\,.. ..\\,,..., Eden Prairie Basin I.D.# 08-31-A DNR I.D.# 27-0071 - -=-_-____ -ual Weems DNR Classification Recreational Development /f Lake Area (acres) 32 II Littoral Area (acres) 23 _O. 111in 1 L. Tributary Area (acres) 444 Maximum Depth (feet) 37 #f i Depth Class Deep U ;l Recreation Beach, boating,fishing pier LI Fishery Bluegill, largemouth bass l v ) Public Access Ramp, east side of lake Curly leaf pondweed, Eurasian ,.;rtr° � DNR Recreation Compass •� Invasive Species watermilfoil, Brittle naiad,Chinese = I & banded mystery snail Round Lake Summer Total Phosphorus History Round Lake Historic Secchi Depth 60 0.0 I I I 50 - 1.0 to 40 2.0 2 A[i 0 3.0 c 30 a o . o 4.0 f: 20 I] C v 5.0 1- 10 6.0 ED 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 7.0 2002 2004 2006 2008 2010 2012 2014 2016 -State Standard Year Year PRATT: State water quality standard for Total Phosphorus(TP)is<40 pg/L(ppb) State water quality standard for clarity(Secchi Depth,SD)is >1 meter LIVE•WORk.°EAN Lake S meta n a LAKE DATA Eden Prairie Basin I.D.# 12-34-A Z. DNR I.D.# 27-0073 <a 7,." ` DNR Classification Natural Environment \ C Lake Area (acres) 514 g Littoral Area (acres) 51 }r 1, tar�a 0 _-, 5L a, „VOL rb ) ter. Tributary Area (acres) 929 + 0 • F Maximum Depth (feet) 12 ''' Depth Class Shallow Recreation Boating,fishing Fishery Bluegill, northern pike • Public Access Ramp, northeast side of lake "•ar= Invasive Species Curly leaf pondweed DNR Recreation Compass Smetana Lake Summer Total Phosphorus History Smetana Lake Transparency History 100 0 m 80 8 E — 1 --- -- - 60 — 0 _ L_ 0 40 p �" a r St:, Tou 20 'n 3 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 4 EDE —State Standard Year 2004 2006 2008 2010 2012 2014 —State Standard Year PRAT RI State water quality standard for Total Phosphorus(TP)is 560 pg/L(ppb) State water quality standard for clarity(Secchi Depth,SD)is . 1.0 meter ieYE•WOHN•DREAN Staring Lake ._04g-, ` LAKE DATA .. Eden Prairie Basin I.D.# 22-32-A b DNR I.D.# 27-0078 Li is 11._____.,__/ DNR Classification Recreational Development y~ /0 Smc.\\\I Lake Area (acres) 164 ' 0 Littoral Area (acres) 146 � Tributary Area (acres) 615 I �staring� Maximum Depth (feet) 14 \ • zill Depth Class Shallow Recreation Boating,fishing pier Fishery Bluegill, black crappie * i Public Access Ramp, north side of lake — —— — Invasive Species Curly-leaf pondweed, common carp DNR Recreation Compass Staring Lake Summer Total Phosphorus History Staring Lake Transparency History 0 140 I I I 7 120 7 up 3 100 E 1-5 O , - --,,i__ 80 S 2 d o . 60 25 a m 3 To 40 sn 3-5 i- 20 4 0 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2002 2004 2006 2008 2010 2012 2014 EDE —State Standard Year Year PRAT RI State water quality standard for Total Phosphorus(TP)is 560 pg/L(ppb) State water quality standard for clarity(Secchi Depth,SD)is . 1 meter LIVE•WOHN•DREAV Appendix D Stream Assessment This technical document is available separately [This page is intentionally blank) Appendix D Eden Prairie Local Water Management Plan Update DRAFT June 2015 Stream Assessment [This page is intentionally blank.] Purgatory and Lower Riley Creek Stream Assessment In 2013 and 2014 Wenck Associates, Inc. performed walking assessments of Purgatory Creek and Lower Riley Creek to update findings of previous assessments, identify areas of erosion and their severity and where there was change since the previous assessment, estimate the rate of bank loss, and identify and prioritize potential projects. Eroded areas on Purgatory Creek were classified as Slight, Moderate, or Severe based on existing condition, change since the previous visit, and estimated rate of recession. Stream restoration projects were developed to address clusters of erosion features, prioritizing features classified as Severe that appear to be still active. Other areas with identified erosion problems that do not appear to be active are a lower priority and can be completed as time and resources are available. Purgatory Creek Assessment Purgatory Creek was assessed in 2006 as part of the Nondegradation Study completed for the City's NPDES permit. In 2013,the most severe areas were re-surveyed to evaluate any change in condition and to identify any new areas of erosion. The 2013 erosion assessment primarily evaluated the stream channel and streambank up to the bankfull elevation, and bank slope above bankfull that could negatively impact stability and the ability of the stream to pass the bankfull flows. (Figures D-1, D-2, and D-3.) Many of the erosion features noted in the 2006 assessment, including some that were considered Severe or Moderate, appear to be minimally changed from the conditions documented then, with previously exposed faces experiencing revegetation. This suggests that those features were created by specific events rather than ongoing instability. Based on an examination of historic aerial photos and field conditions for much of its length, Lower Purgatory Creek is actively moving within a meander belt. A meander forms when flow erodes the outside bends of a stream and deposits silt in the inner bends, creating a sinuous stream.The zone on the stream valley floor within which this occurs is called the meander belt. Many of the Purgatory Creek erosion features appear to have been created when the stream reached the outer edge of the belt and trees on the slope or the top of the bank were undermined and felled.Tree thinning and removal of leaning trees at the edge of the meander belt and allowing the bank slope and top to revegetate with long-rooted native vegetation should be an ongoing management activity. However, some features appear to have experienced recession since 2006. For example, Figure D-4 shows site 513 from the 2006 assessment,which was called out as feature P16 in the 2013 assessment. The tree outlined in yellow on the 2006 photo is obviously set back from the bank edge,while the photo from 2013 shows it to be now right on the edge. Seventeen erosion features that appear to have changed in condition from 2006 in Lower Purgatory Creek stood out in the assessment, including features of moderate to severe erosion. In addition to being unstable,this erosion contributes an estimated 56 tons of excess sediment, and an estimated 11 pounds of total phosphorus (Table D-1) to the stream. Appendix D- 1 , ‘ M:12 • l r ` 1' 5 ..., • --. •,94-49/9ce MELZUFS.4-- ' iiiii4 04. ii. .4- �(y flawz • - - d;- 'sMm :Re ate , .. • ''�12' • - S. E7 t� e� g , I r I to' l3V •4 -Sy` I a. • ' � � 1 • . l FQ y - s�aon • ' yy�� • - . .wa ..Ee , E..F.rT.y 12. Erosion Rating -,� .om_ ■ Severe , ""'� •• { 0.— �. Moderate -AN— � tf Slight . + '`l�� -L. F �u�, 1 •• -,:. .. WcIane.line.tie•betrn deb.CA,.col Ea.Pu n< _ ' a y . ane and rwnar �• k- . 0.25 0.125 0 0.25 1 er . • 4. MINs fti .104` LCW4Ve0ciu„rdnlwtu rtnmpx m an um ! '_��� :" ••�. CITY OF EDEN PRAIRIE Wenck NOV 2014 Purgatory Creek 2006 Field Investigation-2D13 Update Wendr ncemt°`'nc 1eoo Menem Creek Centex 9 rY i9 Em: mnloi Flyaeerk Kap*Pam,Mn 55351,0420 Figure D-1.Erosion features in Upper Purgatory Creek. Appendix D-2 y . 9 I say-an- ---. • ` , f _ 4 ., _ , • n b. -;_ 'GoI lnon,,an . r• i *Nile•„•� E1tr 1 • f; -+— .f ^S _ue.anx er, 11 "PIPA. 4 , ..! .,__,,..__....._ ii...1,-._:_-_. 4,...> . .... ,.,, u W;„�st:7 _ fYr,:r•4 C.:. - 0. 0 R r ‘-t- , . 11111 .. }L7y r Erosion Rating {'1 s - . it - ■ Severe t _ . i' 1 c. ■ Moderate _ ' ' • Slig?st —- d ii f.nd.i....6•.wm Oen Coo ro ES.T..q C w. Wool dei.WWI' N -, — 0.5 0.25 0 0.5 ` - . - -••'_k.D.- -P. .. - . I -. Miles 1 . . . T CITY OF EDEN PRAIRIE Wen ck NOV 2014 Purgatory Creek 2013 Field Investigation Update:Middle '"knd A'`°p""'Im 180O P.o.e.Crook CeM�er 9 F•enn.enksl Ergneero rlap le Plain MN 55354.04W Figure D-2.Erosion features in Middle Purgatory Creek. Appendix D-3 -111111‘ _ .r �r z. i ��• .- .- M t I• - .- R'j .r ''•c:.. 1 ,...,./ -; c ..i ram—, ' . .r r SgF] • , .,. \ . :1•474 'It II:,, r- t • • ,.t - • r 4� 3 i 4 w 1 r _ L, G Dt vCa ij i .....:.t c 'rz. v. .,..‘.. ..N, „,.....„1, „, ._. q Ci• IA } ` y - 1 i Jr, _ • Erosion Rating • Severe -_ Moderate • Slight Volvo.40 me.trwn Wm 04 q eft.,o.ur. 4 on.emu.wvoT N 0.25 0.125 0 0.25 Miles 1+{ L mw.ma..rr�rn•.m!,,.tgt-..rn. CITY OF EDEN PRAIRIE %4 y enck Nov 2014 Purgatory 2013 Field Investigation Update:Lower Nftfter aa.as.1•4$Inc moo 1 WO Craft 9 P Ernrowmnr.i�+pnans wur Penn,MN 55ssa.u.x9 Figure D-3.Erosion features in Lower Purgatory Creek. Appendix D-4 . 1-Pr • % • I .ii ._ • Eli .. . .. .1 -.- - • ', -- '''.....;.- --..rliti ilz, . •. .. ... _,. •., ' AO'Fr'.' . ..: • I. • ..• r., .. ••L" ipl) a . • ".-. 11 .N. . I •I..1. '• 11 . ' ",, ' , . • . . ''. ... ..1 . . ';'"-. • '''.4L . ,i • . i ,.. 1 -• . . _ . . . ... . . . ,. •;• I .qv• 1• ... 1 • r i T 1 I . I • .1. . . • . . . . • - . • . .' -i• . . i •••-:!I • - — - . • -• . • eq••:--••• - • — '- - . - - - • - _- - --. _'. l•.- ..; a.: 1 V 9. _1 • di,=-' I ••' . -.. .mlE . • 11. .Lir: •: . n • .. _- -. ' - -.VIIT . • -':•... •-- — .• ' %I .- '.-".' t... IL Ali -. -.'..7- .";7.41*--..-...• . 11n..— : '-. . .. . .I.• -. M.• ... ' : Fall 2'.1.C16 - ... - • . . .--.: -Li... .'::r. - -z#:. af:Yen:loci. - -... ri.ii, ..1 _,..... •,., - . ,..,•.v,.-4:.. .-.. „ - . ,.....•- • : .... 141..... • ...._ • . c .. . J .,... . VA' ''.'. .I...' 'Ili.41. '1...d V.1...• 9-; ._ :. r' ‘ • .. 41_,.-45117. i, . .,.' .. -.. OA. % •-7 it AO 7-' - • • N. , •..• 'i • qt., ' r•II" . . .1 - • -$1111K 4.24%. -,.;.. -•. • 2.. -IE.` :0-:- r - i.. . . . i_. .i..s.• ,. . I.. ' ••• 0 . '' ...r 9 • ykl.• •I . 'L.1 • •I 'IC .• .. .1 1. . I . •• 1 ..0 i.'':1! I •'We . .. ' .3. ...TI 1.'. I. .. • III.: ..1 . y • 1.• r.....-4 • • ..4F.41- .1. ...'..1;: • .. •1. -- • ' -•e i. • IT ' i . • - .•A;,.. - '• . . - . • • ._ .. 4 r , ••.• hi I. . . -••••v. . • •ii 1 . ...- '„ri 174. -... '. f•••`-l.k. •. .i 1, •"-.• .F Ir : • = Y1.11.r.Af4.. r r.-. 1 k . ---•..n le_li•. : .. ' . . ' •• . ... . . . •-1013 ' II .11 4• ' • • - --••• -' _• •4!... ' .A .. __. .,Z-Tiae,....: • • • . •No- • 16 I."I •b-- ' .- '-... . ..• _ •ir ..9.. •-- .'' 1:1441.- . •—•-•-• i • :6 -120./Afe.:-.'''d.PV..41-i'...01.979:a.-r L •.:7',.,._ 4 iiii 7:. fkar ... NI • I "IL . ..T!r\•••. ..-• , %, • .. . I - ... . _ . : 1111.4111; • . :. 1—:. •... .'../.._ . • . _ . . ..•... ••- ....." .._ .• ,.... ......• • --. .. . , • ' '. I.-- 11•4 5 • ...i 4. . r•ft.. . •....-'..1114. • • M.1....6.11,•••• • .. Fall 2013 - Lizpi-ation#513 'NIN'Aftstpez - 1 g'A • g. ...0 -.. - • -d Figure D-4.Site P16 in 2006 and 2013. Appendix D-5 Table 1. Estimated soil loss,Lower Purgatory Creek. ID Condition Length Height Recession Volume ear I Assessment (ft) (ft) Rate(ft/yr) p 3 (ft ) Restoration Steps Recommended P1 Severe NA NA NA NA Self-healing. Minimal stabilization action needed. P2 Slight 20 1 0.01 0.2 No stabilization action needed. Could clean out debris and trash. P3 Severe 50 12 0.05 30 Tree&shrub thinning, add boulder toe, regrade bank and revegetate with native seed. P4 Slight 25 4 0.06 6 Tree&shrub thinning, regrade the bank and revegetate with native seed. P5 Slight 30 2 0.01 0.6 Minimal stabilization action needed, reseed as necessary and add riprap over the seep area. P6 Moderate 240 6 0.05 72 Tree&shrub thinning, revegetate with native seed. P7 Slight 40 4 0.06 9.6 Tree&shrub thinning, boulder toe, regrade the bank and revegetate with native seed. P8 Slight 80 4 0.06 19.2 Tree&shrub thinning, regrade the bank and revegetate with native seed. P9 Moderate 100 6 0.05 30 Tree&shrub thinning, revegetate with native seed. Relocate the channel.Tree&shrub thinning, regrade the bank and revegetate with native P10 Severe 80 8 0.2 128 seed. Relocate the channel.Tree&shrub thinning, regrade the bank and revegetate with native P11 Severe 60 8 0.2 96 seed. Could not find in 2013 to update 2006 condition. Based on historic photo,tree and shrub P12 Slight NA NA NA NA thinning and revegetate with native seed. Tree thinning, reuse as rootwads where possible,add boulder toe, regrade bank and P13 Moderate 60 6 0.01 3.6 revegetate with native seed. P14 Moderate 40 7 0.00 0 Minimal stabilization action needed. Reseed as necessary. P15 Slight 100 10 0.10 100 Tree thinning, regrade the bank and revegetate with native seed. Tree thinning, reuse as rootwads where possible,add boulder toe, regrade bank and P16 Moderate 100 10 0.50 500 revegetate with native seed. Tree&shrub thinning, reuse where rootwads where possible,add boulder toe, regrade P17 Severe 80 8 0.20 128 bank and revegetate with native seed. _ 1,123.20 ft3 Sandy Loam Soil 100 pounds per cubic foot 112,320 pounds/year of sediment 56 tons/year of sediment Assumed phosphorus concentration in sediment 100 mg/kg 11 lbs/year of phosphorous Note: See Figure D-5 for site locations. Appendix D-6 Purgatory Creek Priority Projects Two clusters of eroded areas were identified as priorities for stabilization. Equipment access to the Creek can be difficult and costly, so it is more cost-effective to cluster the stabilization sites into groups rather than individual, smaller projects. Group 1, which encompasses sites P2 through P11; and Group 2, which encompasses P12 through P17.These are shown on Figure D-5 and described below and shown in the photos below. Figure D-6 shows that several of these sites have degraded since 2006,while a few have improved through growth of stabilizing vegetation. These sites are good candidates for grant funding and/or partnership with the Watershed District to accomplish stream stabilization and sediment and nutrient load reductions. Other sections of Purgatory Creek are not called out specifically for restoration, but based on general observation these areas would all benefit from tree and shrub management. Of particular concern are the leaners and sweepers: trees leaning over the stream, and large branches sweeping over the stream. Also of concern are trees with exposed roots on the bank in danger of falling into the stream and causing a barrier to flow or uprooting the bank and causing a new erosion feature.These areas would be good candidates for grant applications to have Conservation Corps of Minnesota crews clear designated vegetation, relocate the downed material to areas outside of the floodplain (keeping nutrients onsite) and overseed the cleared areas to reestablish native grass ground cover. Purgatory Creek—Group#1 Group 1 projects were identified and grouped together due to their proximity to the existing trails in the Lower Purgatory Creek Conservation Area,with construction access possible by utilizing the trails coming off the Wild Heron Point cul-de-sac and Antlers Ridge. Tree and shrub thinning, adding boulder toe protection in key areas, reshaping stream banks and revegetation of cleared and disturbed areas are recommended. Because of the long distance for construction access,there is a high upfront cost for mobilization, tree clearing and preparation for construction access. Figure D-7 shows this area in more detail.The estimated cost of this project is$160,000,with more detail provided below in Table D-2. Purgatory Creek—Group#2 Group 2 projects were identified and grouped together because there are no existing trails and site access will be entirely from Purgatory Creek. There is a private residence and driveway off of Riverview Road that would have to be negotiated for a temporary construction easement.Without that access, the cost of this project would increase substantially as access would have to be similar to Group 1, and include the stream segment between Group#1 and Group#2.Tree and shrub thinning, adding boulder toe protection in key areas, reshaping stream banks and revegetation of cleared and disturbed areas are recommended. Figure D-8 shows this area in more detail.The estimated cost of this project is$110,000, not including any easement costs. More detail is provided below in Table D-3. Appendix D -7 f-r rY 'f , f �k A. • i'j Y f 3 =.w t t Yc ' P, , M1 ': 3y: • r +_ '-. b A ,, ` " t - ram... r -`.. " a, te. • j • 4f f a - v. ` x , ~ . 1 _._ per" •'- .,:!%�-;•-,'N- . r Illir i �1 .r5 R t \ � � r 4 •10r3. .ice '1 _i- / I- II Site P3 Appendix D -8 _. - 1 a .� ', , �Q may: iaF`wx,} R'•77 r_. \ 1I , \1 t ,'� ' 01 1 I _ �Yr yr1 s-i g a \ ram,* - _ .... ` • Site P4 l'i -- - •` -- .04 ?.. '---A.; ",. . . , 5.' r 4 , 5 e, �s ... , • g . _: t a' '� I -- •� A 11'. I.� \ h.' \ ~� _ `- . . Site P9 Appendix D -9 ,F, I '`7, r ti Y \ .ri t" r .j�Y i �� 'T+� �' d� p, L S! A� �"Y ref .__. .. ,_ _ __ \..._ ......., ..0....„.. . . , T ..-- ... •• q -A • se ` T._ ' "ems ♦ :: ° t* is / ilsis ii mo 1 r • J ...fr. 1‘ ,.. ...4.51.7 , ,......1 ,...„ ,- Site P10-P11 h * t • - .,x 'Y ,gyp i rl . I r 1 y. . ,sto Al .- - / N ° ,t fi s ..,Ic Site P10-P11 Appendix D - 10 f.,,, . , . t,7f VA'''" ft, .....:,..:_ida , . ,.,. . ...„:„.;,,:.; ,....„, ..„.. . t• , f ____ . __ ...... ,„ ..,. . ; .. .,, , ,,. .' !. i -e 7 Ili- ..4"* . 3 ' -:- , ,,,. _ _..iti, II yA liel � '� i 1V. • Al i - . ill , .4 f 1. foil' t..11311„!Zi 10 - • , a'lit, ••- • • • 4 Ji.(• F y r tit �r rY, t, " 4 /1' • -• . �I- ,• - r•'1.4i• .. . ., - - .. - • • 1. I //,! M•„ , ri1-i.-'d fI I+h A / )f :•. 14: "''f ' �'e : :._-,- ,-y . •..b. • J,..,...Y• " 1 0 N"1T �' ,rr�`. �0,1 „ p *Y 1Ail rr • } .' ` • • -. �'.t -'•' f 1 1 • 1 �X Y.',~.+ � ' ':',• t ^,�12 ..:7� ';.'�7 F t!?^ r; _ 'L -. -t s T r r p • ' - 4ii'f�i>'� Ya-ram _ ` � .,is�a .rc' .a a '- "'1 e7 rF�aer �• .� wrJ { it r an, a I t, ,y .c 1n. :aoir fs� 1.0 _ 'eMok • li . i W.f• - !,�- -. I : i A rr ' . ' ♦ Y,• x• r{� • Site P7 Appendix D - 11 • • ti �� Alf �.1- Akio.. , •.,na. . . . tiA i. . , . . I • -,....:/: - -. . • • °S N #� - _ _ :�. . . ., Ir. Site P12 ir r ,. • ry i! • f • • \. 'y • ... ..'' Ii y .e ...yam.^iA. .. ri.11 5L"r AAA ,Ii',�'j. r ,:fi• ,' i .".:~ai�:. y— /' �,yy .'k, , . ' .yam sO," •saYr. v Site P13 Appendix D - 12 • • • • t•... - 9 -: J • ` `. Site P17 • 1'� •,y, . •• r •rhr IN4 kA aIr.,Ativ ~'� • (g I. .' 4 ^ -NSF, F- it ..y- >'" _l tea„_ --.` y _ Site P14 Appendix D - 13 ok sit' a de.� >S � 4 F �' Crwnwell Ur 6' L,1,.1',.. e r!- fb ♦ Y c P ry iii 4 ' ! • ae i�;. • 'b -r -.�+ i --,f# y�_,_' -tr c ,'r M�'2" V .rti a .' ' Sherman.0� 4 _ Y - - f ` - ,.`, Jackson Dr r +1r�4��.' y4 _ 5. may• . ,� P _. sip.— mot. `+ • 1UP11 P3 Pmo t, P4 P8 ^ < ;�. Gran Dr o P9^ w ., .- T J1 5rlverwo°rf 0r hr �P2 Nm 1, 'tQ. N •vi-. - :0 _ ' Lee❑r .: ,_ i f.^ y �r .r i ram F •,•^'•� r •1`ir' Y_ ~c'4u„.`. �!�' T. ' ! nsso . w �� of. ^e'^.Project Group;: � ;,a �'r 4 sy• - ' -.`: . - `,7;''. #1' r *M, c; Pe: .yy.•cf.:• .7 _ i *� •- 4"- r r - v, ' 4. ade La oci 1-Aar .. 4P -•"" l- ---75 !•.} "•': .:a • ',iv pad II! :.ra Anr�° Z !. I `li. , ii. ' - Jack Pm'di 7ro= .° .,k. i r; �,�c` Y Pi0P11^ ` -r-k r} t .e i - .+.. Wr' sIr }' � j �, i ` r ::::t4,' '� ;:.' .y � ^e xpfisslY N`o •s w �i- - a �S1i i• ry: S� , `. f-JF ■ ►. i _ _ !.' 4 _ r -- - Fuel Rd ' E i { •r •. • "- -4 F o. -: _ '.,+•• Y '" ,y i Y '�� ti, :Joao, _ _ '•-'fix ;f. ti ! +r r,.. y �, ' ProjetGroup= - ry -+;.' s - ctY1 if II • e,4* a► .• ,� �� .+� '4. w �` ..'� v , �. P 1�P 15��k ry A ae v _ i --_•. ",�; f "•u : . ''•r'`. P174 ! '�' ^'7: M-fig. rn ,;` .'• ti- n Y.. • • i1' is 'x a,r;r:ram'` -e •J • . -a le ;�r '+. .S Tsi 1 Y "�■!,r )• may( W • • •.. a c • _- f�* I .may i' ^y�, " eroakriew Cir "■ $o.r.er el Pnplepraeh 15o.ce kin C.W1 1�. ` y• ,3 e .. y p x 1 w w CITY OF EDEN PRAIRIE ' Venck DEC 2014 Eno..+s"Swenlatu 1800 Pioneer Grek Carder Purgatory Creek-Construction Project Planning Business Professenals Maple Plain MN 55359-0429 en&corn 1AQOs72-2292 Figure D-5.Lower Purgatory Creek priority project areas. Appendix D-14 /.4-etw. ..,,,,. 2 P4 - '0 'r0 2 v Pu „I 4 E • i 44 ` ._.i. •• 1 Grail.Dr . � 0 e • m . ; 1� l'i = , �,4 .. _, "' 4.. 4 * tics �r"' • ^.a • ..,ts. ,,,, . ... _ ....s, -, 1 • . ••. 7�r, _ . f...•_..,L„,....4, n ,rt ,. Project Group. g, >~ ' •� • G Burr Redgc La #1 - .) 9 • LL yr _ r J tit - • '* s s A 'NF 4 r•r 1T' 3 i ' 4 • for r.i _ y� Y - v s J illif r � ' , *�r7 F M +� • + Flea y •F•+.r,'. • m` - -• I -tr• y., •w ..1 •� ., • ,' ,.Tr Or ." .:# J-;.tR- '3 -.'� G tie -u_-F • 1., , w• .'t _ 'r.r I•' .';_ •R V' •ram Tc '!-, ry . + - : ti _ } 3am• 1. yy i• o9A� 7. t. - 0 • 'wf .,%.i► �i •v,. Jo 4. �. nr lap •V -r s ;` •'! : - .• - ,r ,. c . VSi1R"* _ 66 J r ? .' •,ir r•: .:+ fir • 2006 to 2013 Change in Stability r•. api ,.P 4 'f2 - 'r `Prrajett Group' e•. • Degraded "� 41 r S .f,:- - #2 ' mr. �_ Wr • Similar •R'_ �� J *•� PE r• .v."',: •7.w, -c� Improved 1 ti * n ` Y r ,, n Arlo.erur Hioieygn iSoiiri,e Mn e.Fn) _ if; `' , _ - aov zoo v aov +1: : - . "' 4-',s.i 44ri •�) 1 Feel -.'Alta ■r • .+�. e. r � -• l ,r n+amv n wuv�ri�m.-.nw•s,.-.,r......mr.ani:rn,r,m mmn.nr CITY OF EDEN PRAIRIE \Renck DEC 2014 Engineers Scrennss 1800 F'Qneer creek Center Purgatory Creek-2006 to 2013 Erosion Changes Business Proseeernee 5 Meple Piem•MN 55'359 Be 29 www wrack cnm 1-800 47l2232 Figure D-6.Apparent change in stability between 2006 and 2013. Appendix D-15 i ? 1 +tea ::•' r `� r " ' �' ,• 11-: P3 P4• P� iY , 1 ,... - �_ IJ w • .t . .� - r- r -' AIL k - b. •- ergie 4 lk r �_ — 'It. �' Grant:r.-• I''1 a.. s`- • r J w 1-Iiik ..id P2 IF • ,r Y •' r .. 1 . ., . •. 7. -. . • • Project Group •; •- •- .. .k- 41 - ` - • ;- ......v . -4 Allf O. �! 'i , is NI 4 _ _., 1 , " ... .. ... • . ,, ..... _. ..".-.-. . .-... . 1 ,, • . .. • .ire _ — 4 ','''r.`. •.tTi l'r• —•,.._' . • .•: -rf' :: - re . ..... r A '•,-• yt3-. Q ..... •at.i s. 2010 Am.Rwoyrap,!Sour s Me GE0) N E . _- - . P11 '% v 300 150 0 300 A 4,- cm • - .' s .: ' + w..a�...::..,r:.�::'.:;..:... oxm.. /PO z .fir .� . +ter CITY OF EDEN PRAIRIE /, , VVenck DEC 2014 Engineers•Saenrists 1800 P..sow creek center Purgatory Creek-Construction Project Planning Possess Proresslonare Map*Plan,MN 55359"0429 remv wenck corn 1400-472-2232 _ Figure D-7.Lower Purgatory Creek project group 1. Appendix D-16 T..r - is >:. • .- - T - - - r • r •y • -. Y' --A ` T�i ~ Italie • ! y'{ .49. }, P12 ..• ; • rr _ P14 1. _s 1 P13 '� tir 1 P15 Project Goup 1"' f #2 , . 4 ,,,,-•. :Tr Jt- • ) F. •,.. •. 1 /AR \ . 4. l 'te'' '•.. • �, ` I . A - u I re,lc, -kik 40 • i 4.1 ç '. % ...•a•• • h. .offVEll ]!�! y. • �t.4- ;'. ,. III Riverview:-- 'I r re• 1 ♦ d .- .if•t•.r — T • • • FS 'I' - ; . •_ • '" •goy ` r .. �A{1 a .�'1, �C ' + r s morwa,i Pndopra#�isra.ra•um cFa1LL • i' y ^; ti'/ ' l 200 100 0 200 A `` ... *••. •ti 4, r� . ` r ..T.-0 10 .. .,;....-..v..o,�cam.c. JI �.. 1r ,1 ' ) _ . CITY OF EDEN PRAIRIE -.�i Vllencl� DEC 2014 Engineers-Sc.enusrs 1609 Pwneer Creek Center Purgatory Creek-Construction Project Planning Boosiness PrOF x.ura]k Maple Plan,MN 55359-6929 www wenck corn 1-6.0ga72-2232 Figure D-8.Lower Purgatory Creek project area 2. Appendix D-17 Table D-2.Restoration Construction Estimate For Purgatory Creek Restoration-Group 1. Bid Description Units Quantity Unit Price Total Price Item 1 Mobilization- Demobilization (10%Due to Access) LS 1 $15,000.00 $15,000.00 2 Temporary Erosion Control LS 1 $7,500.00 $7,500.00 3 Temporary Rock Construction Entrance** LS 0 $2,500.00 $0.00 4 Construct, maintain&restore site access and staging area(s) LS 1 $10,000.00 $10,000.00 5 Tree Clearing&Relocation LS 1 $30,000.00 $30,000.00 6 Site Grading LS 1 $20,000.00 $20,000.00 7 Geotextile Fabric-MN DOT Type 5, Non-Woven SY 50 $5.00 $250.00 8 Class Ill Riprap(No Limestone or Volcanic Based Rock) TON 20 $120.00 $2,400.00 9 24"to 36"fieldstone boulder toe TON 110 $120.00 $13,200.00 10 Native Seed-MN State Seed Mix 33-262 Dry Swale/Pond & No Mow Fescue SY 5,000 $1.00 $5,000.00 Cover Crop 11 Erosion Control Blanket —MN DOT 3885 Category 3,Straw 2S, natural fiber SY 5,000 $3.00 $15,000.00 netting only. No poly net allowed. 12 Rolanka BioD-Net 40 or equivalent SY 5,000 $5.00 $25,000.00 13 Street Sweeper(With Pickup Broom) HR 20 $125.00 $2,500.00 **Paved trail stubs prevent tracking Subtotal $145,850.00 20% $29,170.00 Contingency Total $175,020.00 Appendix D - 18 Table D-3.Restoration Construction Estimate For Purgatory Creek Restoration-Group 2. Bid Item Description Units Quantity Unit Price Total Price 1 Mobilization-Demobilization (10%Due to Access) LS 1 $10,000.00 $10,000.00 2 Temporary Erosion Control LS 1 $7,500.00 $7,500.00 3 Temporary Rock Construction Entrance** LS 0 $2,500.00 $0.00 4 Construct, maintain &restore site access and staging area(s) LS 1 $10,000.00 $10,000.00 5 Tree Clearing& Relocation LS 1 $20,000.00 $20,000.00 6 Site Grading LS 1 $10,000.00 $10,000.00 7 Geotextile Fabric-MN DOT Type 5, Non-Woven SY 200 $5.00 $1,000.00 8 24"to 36"fieldstone boulder toe TON 200 $120.00 $24,000.00 9 Native Seed-MN State Seed Mix 33-262 Dry Swale/Pond&No Mow Fescue SY 2000 $1.00 $2,000.00 Cover Crop 10 Erosion Control Blanket —MN DOT 3885 Category 3,Straw 2S, natural fiber SY 2000 $3.00 $6,000.00 netting only. No poly net allowed. 11 Rolanka BioD-Net 40 or equivalent SY 2000 $5.00 $10,000.00 12 Street Sweeper(With Pickup Broom) HR 10 $125.00 $1,250.00 **Existing driveway prevents tracking. Subtotal $101,750.00 20% $20,350.00 Contingency Total $122,100.00 Appendix D - 19 Lower Riley Creek Assessment In 2005 the City of Eden Prairie submitted a petition to the Riley-Purgatory-Bluff Creek Watershed District to complete a hydrological analysis of the outlet of Riley Lake to determine if modifications or improvements could be made to better manage lake levels during periods of high water.The District's Engineer, Barr Engineering, completed this assessment, including an assessment of the conditions in Lower Riley Creek.That assessment broke the stream down into nine reaches, Reach A through Reach I, and noted a number of erosion sites and offered some potential stabilization measures (Barr 2007). The City contracted with Wenck Associates in 2008 to conduct an in-channel reconnaissance survey of Lower Riley Creek from the headwaters (Riley Lake Outlet)to Flying Cloud Drive/Hwy 212, and to install devices for ongoing measurement of rates of erosion and stream deposition. Lower Riley Creek was divided into eleven reaches, and a reference point was established in each to monitor changes in channel alignment and depth (see Figure D-9). During the survey, noteworthy erosion features were documented and one representative channel cross section for each reach was identified. These reference points are evaluated periodically to measure change and to determine the need for and schedule of channel and bank repairs. Upon completion of the initial reconnaissance survey,one erosion feature from each reach was selected for long-term erosion monitoring and analysis. These monitoring sites, along with the representative channel cross sections, have been revisited in 2011, 2012, 2013, and 2014.Two erosion pins and one scour chain were installed at each monitoring station. One erosion pin was installed on the lower bank (near or within the bank-full height) and the other on the upper bank(between bank-full and study bank height). Both pins were installed on the same plane near the point of maximum force/impact and sediment loss. Scour chains were created by connecting a duckbill earth anchor to a metal chain using a C-clamp. One scour chain was installed in the channel bottom where it is believed stream flow and bottom scouring is greatest. Bank pin monitoring shows Riley Creek experienced a significant amount of bank loss in 2014 as several individual sites (reaches 2, 5, 7, 10 and 11) recorded their highest annual loss since monitoring began in 2008. Extremely high rainfall and flow events this year during the late spring and early summer likely led to the higher rates of bank loss measured at these sites in 2014. Reach 5 bank pins could not be located during the 2011 and 2012 site visits likely due to significant bank failure near the monitoring site. Bank pins were installed at a new location in reach 5 during the 2013 site visit, but banks at the new site completely eroded in 2014 and neither of the bank pins installed in 2013 could be located or recovered. Overall,Wenck Reaches 4-7 (Barr Reaches D, E, and part of F) have the highest incidence of large erosion features and toppled banks.These reaches also have a significant number of downed trees along the banks and in the creek that have caused large debris dams and potential backwater areas and redirected flow patterns. Barr identified two high-priority clusters of erosion features (E1-E2-E3 and E7-E8-E9) in this area, as well as feature D3 on a side ravine. Wenck Reaches 1-3 (Barr Reaches A, B, and C) and 8-11 (Barr Reaches G, H, I, and part of F) have experienced some bank erosion and tree downfalls, especially near road crossings, outfalls and stream bends, and where seeps contribute to destabilizing bluff slopes. The channel chains installed in 2008 were not visible during the 2011-2013 site visits. None of the monitoring sites displayed evidence of bottom scouring. It is likely these chains have been buried by collapsed bank material and/or general sediment deposition. D-20 Lower Riley Creek Priority Projects Based on the existing conditions and estimated bank loss since 2008 (Table D-4 and Figure D-10),Wenck Reaches 4 to 7 are high priorities for stabilization, as nearly every outer bend is actively eroding, sending excess sediment and nutrients downstream.The area within Wenck Reaches 5 to 7 shown on Figure D-9 is of highest priority, starting with Barr's E1-E2-E3 and E7-E8-E9 clusters of features. In 2007 Barr estimated the cost of stabilizing those features as $384,000. Second priority is Wenck Reach 4 and the balance of Wenck Reach 5, and Wenck Reach 1. Generally,the stabilization design should include boulder toe, bank resloping, stabilization and revegetation, and tree thinning. No specific projects were identified as the entire reaches are in need of stabilization, but as a rule of thumb the cost of such improvements is about$200 per linear foot of streambank. Also of second priority are the specific clusters identified by Barr as H2-H3 and H4-H5-H6. Both are large scarps where groundwater seepage is contributing to instability. Barr estimated the 2007 cost of stabilizing those two areas as $449,000. Wenck Reaches 2, 3, and 9 contain areas of spot erosion that should be stabilized once the aforementioned sites have been addressed.Those reaches would also benefit from general vegetation maintenance, including tree thinning and native vegetation reestablishment. Reaches 10 and 11 should be monitored and managed with vegetation maintenance including tree thinning and vegetation reestablishment. D-21 6 47 - 1" , - _ •_ ,-- _ - • ;a��bolt C iv _ .,J P f 'x - .-i I' _ ,�1 i 1,44,:s - 1 .- �. _ 1. Y. ,loth f' v • .. . . i. , ' is . Priority Area -` Q. • ; . e - i-Reach 1;.4 .' >-r• „7' , - _ , 1 4.,'s + �' F"y ~Rear; 6t r ° _ .. - 'f• �� Re 9 t i. + I © , - Re. : 5n, �i r� + e -,, �, ' l . R- �0 Gam]id1 r� C1— , .._.-.,••4 , ••,.. . , D ... , , iffik, . .. * i N6 , 2",-' t--1 . _ i , E., - ,., ... ''''Sr., .. may , s' ;_ - ( . I L Wenck Study Reaches � '. ;• '^ '•. ,Re. - ;Ord . We nck Erosion M onitoring Sites q - • P` w..rr iY N 0- 0 Barr Study Reach A Flying. I. , a �" "'1 --7.v. • , 0 Barr Study Reach ,').. .,. - `' • Barr Priority Erosion Features - 2012 Aerial Photograph(Source.MN GEO) + 1,000 500 0 1,000 • y} .t _ Fee,.* r — Fsth.L:.0D?,DDS4-31 L.M.IF 2012 L'pGate.mxd.RilEy_C'Eec_D.,.ev.mxd dj•?la_- _ gfig .. CITY OF EVEN PRAIRIE VV WENCK NOV 2014 VAV ASSOCIATES Lower Riley Creek Erosion Monitoring Responsive partner.Except onal outcomes. Figure D-9. Lower Riley Creek monitoring reaches Table D-4.Measured lateral erosion and estimated bank loss at each Riley Creek monitoring site since the 2008 installation. AAverage Lateral Loss 2Total Bank Loss 3Total Bank Loss 'Phosphorus Export (ft/year) (ft3/year) (tons/year) (lbs/year) 2009- 2009- 2009- 2009- Reach 2011 2012 2013 2014 2011 2012 2013 2014 2011 2012 2013 2014 2011 2012 2013 2014 1 <0.1 0.1 2.7 0.4 4.4 12.5 340.6 43.8 0.2 0.6 15.3 2.0 <0.1 0.1 3.1 T- 0.4 2 0.2 0.3 0.4 0.7 19.9 38.3 39.4 73.1 0.9 1.7 1.8 3.3 0.2 0.3 0.4 0.7 3 0.2 0.3 0.2 0.2 14.2 23.6 13.9 19.9 0.6 1.1 0.6 0.9 0.1 0.2 0.1 0.2 4 0.6 0.8 2.0 0.2 90.1 128.9 318.8 31.3 4.1 5.8 14.3 1.4 0.8 1.2 2.9 0.3 *5 1.7 -- -- 3.2 125.0 -- -- 496.9 5.6 -- -- 22.4 1.1 -- -- 4.5 6 0.3 0.2 <0.1 0.3 39.9 25.0 2.9 37.2 1.8 1.1 0.1 1.7 0.4 0.2 <0.1 0.3 7 0.1 0.0 0.2 0.2 11.9 0.0 15.8 15.8 0.5 0.0 0.7 0.7 0.1 0.0 0.1 0.1 9 0.0 2.5 0.0 2.3 0.0 195.7 0.0 181.0 0.0 8.8 0.0 8.1 0.0 1.8 0.0 1.6 10 <0.1 <0.1 0.1 0.7 4.0 1.5 12.5 68.0 0.2 0.1 0.6 3.1 <0.1 <0.1 0.1 0.6 11 0.2 <0.1 0.5 0.5 8.9 1.8 24.6 24.1 0.4 0.1 1.1 1.1 0.1 <0.1 0.2 L 0.2 1 Average of upper and lower bank pin annual later loss, measured between annual site visits 2 Estimated by multiplying average lateral loss,total bank height and length of erosion feature (assumed 50 ft for each monitoring site) 3 Estimated by multiplying total bank loss (ft3/year) by an assumed soil density of 90 lbs/ft3 4 Estimated assuming 100 µg P per 1 gram of soil according to Headley Fractionation presented in Geoderma, 1995. Reach 5 bank pins could not be located in 2012 or 2013, likely due to severe bank failure. 2009-2011 Erosion measurements for reach 5 monitoring site assumes complete bank failure at this location. Bank pins were re-installed in reach 5 during the 2013 site visit. Again,the reach 5 bank pins could not be located during the 2014 site visit due to severe bank failure. D-23 Riley Creek Monitored Bank Loss 25 - a fC 20 M C (-NIo 15 _ ill ,--1 I o 10� _cc 5 - t 0 co E i \o r--rioW_, © ,� 1 2 3 4 5 6 7 9 10 11 Reach ❑ 2009-2011 02012 ■ 2013 02014 Figure D-10.Average annual bank loss estimated for each Riley Creek monitoring site. Note that Site 5 bank pins could not be located during 2012 and 2013 site visits and bank pins were re-installed during 2013 site visit. D-24 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: 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 238655 - 239135 Wire Transfers 1010777 - 1011033 Wire Transfers 5426 - 5455 April Purchases City of Eden Prairie Council Check Register by GL 6/16/2015 Check# Amount Supplier/Explanation Account Description Business Unit Explanation 238745 1,654,284 RJM CONSTRUCTION INC Building Aquatics&Fitness Expansion Aquatics&Fitness Expansion 239030 591,439 C S MCCROSSAN CONSTRUCTION INC Improvement Contracts Shady Oak Rd-CR 61 South Shady Oak Interchange 5453 461,444 WELLS FARGO BANK MINNESOTA NA Interest Sewer Capital Sewer Capital 238724 285,393 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Sewer Utility-General Waste Water Services 238968 285,393 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Sewer Utility-General Waste Water Services 239062 260,290 HEALTHPARTNERS Accounts Receivable Health and Benefits Health Insurance 5444 236,794 CERIDIAN Federal Taxes Withheld Health and Benefits Health and Benefits 5433 223,555 CERIDIAN Federal Taxes Withheld Health and Benefits Health and Benefits 5436 154,072 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 5447 150,764 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 238948 98,613 GARDNER BUILDERS Contract Svcs-General Bldg FF&E-Furn,Fixtures&Equip. 5441 98,234 MINNESOTA DEPT OF REVENUE Sales Tax Payable Fleet Operating 239051 90,289 ELECTRICAL INSTALLATION&MAINTENANCE Other Contracted Services Water Treatment Plant 1010906 88,888 XCEL ENERGY Electric Traffic Signals 1010961 85,217 SRF CONSULTING GROUP INC Design&Engineering Storm Drainage 238958 83,386 INSITUFORM TECHNOLOGIES USA,INC Improvement Contracts Storm Drainage 1010840 81,361 XCEL ENERGY Electric Traffic Signals 1010818 47,121 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Rehab 5448 46,495 US BANK Licenses,Permits,Taxes,Fees Sewer System Maintenance 239015 44,078 ALL ENERGY SOLAR Other Contracted Services Facilities Capital 1010822 42,624 LOGIS Network Support IT Operating 239072 36,529 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 238713 35,622 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 238733 34,978 NAC Other Contracted Services Ice Arena Maintenance 1010900 31,791 SHI CORP Software Maintenance IT Operating 238907 30,973 ACCELERATED TECHNOLOGIES LLC Building Aquatics&Fitness Expansion 238962 29,883 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 238832 29,149 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1010950 28,604 LOGIS Network Support IT Operating 238719 28,260 MCGOUGH CONSTRUCTION SAC-Sewer SAC Agency Fund 238723 27,062 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 1010958 25,689 SHI CORP Software Maintenance IT Operating 238961 23,975 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 5446 23,614 ING Deferred Compensation Health and Benefits 5435 23,388 ING Deferred Compensation Health and Benefits 238965 22,115 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 239133 21,774 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store 1010882 21,774 DIVERSE BUILDING MAINTENANCE Tenant 1-Janitor Service Prairie Village Liquor Store 238956 20,438 HOISINGTON KOEGLER GROUP INC Other Contracted Services Planning 238906 19,834 ABM ONSITE SERVICES-MIDWEST Janitor Service City Hall-CAM 1010941 19,114 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment Plant 238841 19,040 MIDSTATES EQUIPMENT&SUPPLY Crack Filling Street Maintenance 238786 18,500 CLIFTONLARSONALLEN LLP Audit&Financial Finance 238897 18,229 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 239113 17,773 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Den Road Liquor Store 239132 17,664 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie Village Liquor Store 238985 17,520 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 238898 17,051 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store 238877 16,904 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1010963 16,426 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store 238701 14,936 HAMMEL,GREEN AND ABRAHAMSON Design&Engineering Aquatics&Fitness Expansion 5434 14,276 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 238765 14,022 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie Village Liquor Store 5450 13,941 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 5451 13,932 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 5445 13,607 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 1010828 13,499 PARROTT CONTRACTING INC Equipment Repair&Maint Water System Maintenance 238986 13,397 PRAIRIEVIEW RETAIL LLC Advertising Prairie View Liquor Store 238863 13,259 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 5454 13,216 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 1011028 12,998 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store 238994 12,996 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Den Road Liquor Store 239094 12,927 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 1010956 12,737 RELIAKOR SERVICES INC Sweeping Storm Drainage 239104 12,514 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 239058 12,413 GRAYMONT Treatment Chemicals Water Treatment Plant 5438 12,402 GENESIS EMPLOYEE BENEFITS,INC Other Deductions Health and Benefits 1011011 12,216 HANSEN THORP PELLINEN OLSON Design&Engineering Sewer Capital 1010944 12,148 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 1011024 11,820 REINDERS INC Chemicals Park Maintenance 1010903 11,795 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 5455 11,793 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 5426 11,775 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 238753 11,649 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 238764 11,323 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 5427 10,808 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 238706 10,750 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 239012 10,590 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Den Road Liquor Store 1011031 10,514 VTI Building Aquatics&Fitness Expansion 238712 10,420 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 239011 9,529 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 238981 9,355 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1010783 9,307 DAY DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 239112 9,108 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Eden Prairie Road 239078 8,855 LANO EQUIPMENT INC Equipment Parts Storm Drainage 1010834 8,834 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 5429 8,672 GENESIS EMPLOYEE BENEFITS,INC HSA-Employer Health and Benefits 5449 8,672 GENESIS EMPLOYEE BENEFITS,INC HSA-Employer Health and Benefits 1010923 8,464 MPX GROUP,THE Printing Police 1010871 8,430 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 1010850 8,174 DAY DISTRIBUTING Liquor Product Received Prairie View Liquor Store 238817 7,991 GRAYMONT Treatment Chemicals Water Treatment Plant 238950 7,986 GRAYMONT Treatment Chemicals Water Treatment Plant 238698 7,947 GRAYMONT Treatment Chemicals Water Treatment Plant 239071 7,859 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 1010781 7,825 BRAUN INTERTEC CORPORATION Maintenance Contracts Aquatics&Fitness Expansion 1010805 7,576 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 1010846 7,444 BRAUN INTERTEC CORPORATION Testing-Soil Boring Aquatics&Fitness Expansion 1010936 7,345 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#3 238860 7,292 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 1010916 7,088 DAY DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 239128 7,088 VISION TECHNOLOGY SOLUTIONS,LLC Other Contracted Services Communications 238831 6,835 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Explanation 238793 6,743 CONSTRUCTION MATERIALS INC Other Contracted Services CIP Trails 1010952 6,517 METRO SALES INCORPORATED* Equipment Rentals IT Operating 238744 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 239111 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 5452 6,105 GENESIS EMPLOYEE BENEFITS,INC BRA Health and Benefits 239061 6,094 HAMMEL,GREEN AND ABRAHAMSON Design&Engineering Aquatics&Fitness Expansion 1011021 5,870 ON CALL SERVICES Operating Supplies Day Care 1010920 5,853 JOHN DEERE LANDSCAPES/LESCO Safety Supplies Flying Cloud Fields 1010984 5,800 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 1010981 5,788 DAY DISTRIBUTING Liquor Product Received Den Road Liquor Store 238970 5,624 MINNESOTA/WISCONSIN PLAYGROUND Other Assets Park Maintenance 1010824 5,297 METRO SALES INCORPORATED* Equipment Rentals IT Operating 239119 5,220 SUPERIOR STRIPING INC Contract Svcs-Asphalt/Concrt City Hall-CAM 239120 5,172 TECH SALES CO Process Control Equipment Water Treatment Plant 238892 5,144 VERIZON WIRELESS Other Contracted Services IT Operating 238941 4,900 DIYA HOSPITALITY INC Deposits Escrow 238784 4,713 CENTURYLINK Elevators IT Telephone 1010937 4,646 ASPEN WASTE SYSTEMS INC. Waste Disposal City Hall-CAM 239063 4,645 HEALTHPARTNERS Health&Fitness Fire 1010854 4,625 GREENSIDE INC Contract Svcs-Asphalt/Concrt Senior Center 1010940 4,568 CDW GOVERNMENT INC. Machinery&Equipment IT Operating 238739 4,539 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1010995 4,531 VAN PAPER COMPANY Cleaning Supplies Pool Maintenance 239131 4,280 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1010934 4,257 VINOCOPIA Liquor Product Received Prairie View Liquor Store 238703 4,225 HEALTHPARTNERS Health&Fitness Fire 239101 4,218 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 238864 4,200 PINE PRODUCTS INC Building Materials Cannel Park 1010954 4,110 ON CALL SERVICES Operating Supplies Day Care 238871 4,100 PRO HYDRO-TESTING LLC Equipment Repair&Maint Emergency Preparedness 239048 4,035 EATS Miscellaneous Reserves 238896 3,893 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1010859 3,892 LEGACY GYMNASTICS Instructor Service Lesson Skills Development 1010878 3,813 CENTERPOINT ENERGY Gas Water Treatment Plant 1010967 3,812 VTI Equipment Repair&Maint Public Safety Communications 238836 3,690 LANDMARK REMODELING LLC Other Contracted Services Rehab 238890 3,666 ULTIMATE SOFTWARE GROUP,THE Other Assets IT Capital 238802 3,656 EARL F ANDERSEN INC Signs Traffic Signs 239020 3,564 AVR INC Asphalt Overlay Storm Drainage 238963 3,551 KEEPERS Clothing&Uniforms Fire 1010807 3,551 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#5 238780 3,462 BLUESTEM HERITAGE GROUP Other Contracted Services Riley Lake 238773 3,358 AMERICAN ENGINEERING TESTING INC Testing-Soil Boring Shady Oak Rd-CR 61 South 1011032 3,336 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 239039 3,310 COUNTY MATERIALS CORPORATION Repair&Maint.Supplies Storm Drainage 238763 3,224 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 238688 3,140 ENVIRONMENTAL EQUIPMENT&SERVICES Equipment Parts Fleet Operating 239096 3,048 NAC Capital Under$25,000 Public Works/Parks 1010803 3,039 VAN PAPER COMPANY Cleaning Supplies City Center Operations 238694 2,998 FRED PRYOR SEMINARS Software Utility Operations-General 1010782 2,996 CLAREY'S SAFETY EQUIPMENT Safety Supplies Emergency Preparedness 1011026 2,990 STREICHERS Clothing&Uniforms Reserves 238955 2,974 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 238663 2,937 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Explanation 238869 2,897 PRECISION FINISHING Signs Traffic Signs 1010890 2,875 IDEAL SERVICE INC Equipment Repair&Maint Water Wells 238978 2,857 PARKER,WARD Deposits Escrow 1010787 2,830 GREENSIDE INC Contract Svcs-Lawn Maint. Fire Station#1 238826 2,827 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 1011016 2,806 LOGIS Software and Hardware Assessing 238766 2,745 WORKPLACE DYNAMICS,LLC Other Contracted Services Reserve 238695 2,744 GENERAL HEATING&AIR CONDITIONING Other Contracted Services Rehab 238728 2,727 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 238822 2,708 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 239013 2,658 AA EQUIPMENT COMPANY Capital Under$25,000 Prairie Village Liquor Store 239126 2,652 VERDE ENVIRONMENTAL TECHNOLOGIES INC Operating Supplies Police 238659 2,620 ALADTEC INC Operating Supplies Fire 1011013 2,604 ITRON INC. Maintenance Contracts Water Metering 1010887 2,514 HAWKINS INC Treatment Chemicals Water Treatment Plant 239065 2,513 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1010868 2,500 STRONER,ELIZABETH Tuition Reimbursement/School Organizational Services 238938 2,498 CUMMINS NORTH CENTRAL INC Equipment Repair&Maint Fleet Operating 238682 2,414 DAVEY TREE EXPERT COMPANY,THE Improvement Contracts Shady Oak Rd-CR 61 South 238776 2,400 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1010876 2,387 BIFFS INC Waste Disposal Park Maintenance 238771 2,352 AERO DRAPERY AND BLIND Supplies-General Bldg Public Works/Parks 239010 2,340 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1010829 2,336 PRAIRIE ELECTRIC COMPANY Improvement Contracts Shady Oak Rd-CR 61 South 238979 2,288 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 238740 2,283 PINE PRODUCTS INC Landscape Materials/Supp Park Maintenance 238969 2,233 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 238989 2,170 SAGEFIRE Other Contracted Services Storm Drainage 1010905 2,162 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 238946 2,129 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 1010928 2,117 ROJAS,REGINA Tuition Reimbursement/School Organizational Services 239105 2,100 PINE PRODUCTS INC Landscape Materials/Supp Miller Park 238692 2,095 FIRE SAFETY USA INC Protective Clothing Fire 1010889 2,085 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 1010976 2,081 BRAUN INTERTEC CORPORATION Other Contracted Services Aquatics&Fitness Expansion 239032 2,060 CARVER COUNTY LICENSE CENTER Autos Arts 1010790 2,059 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance 1010996 2,033 VINOCOPIA Liquor Product Received Den Road Liquor Store 238711 2,025 INTERTECH INC Other Contracted Services IT Operating 238913 2,012 ASPEN MILLS Clothing&Uniforms Fire 238855 2,000 NORATEK SOLUTIONS INC Software IT Operating 238725 1,988 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Prairie Village Liquor Store 238846 1,980 MINNESOTA POST BOARD Licenses&Taxes Police 1010885 1,965 GENUINE PARTS COMPANY Equipment Parts Park Maintenance 1010848 1,958 CHEMSEARCH Supplies-HVAC City Hall-CAM 238903 1,955 ETTER,KRISTINA Deposits Escrow 1010870 1,944 VINOCOPIA Liquor Product Received Prairie View Liquor Store 238738 1,933 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1010949 1,932 GRAINGER Supplies-General Bldg City Center Operations 238912 1,932 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 238792 1,920 COMMERCIAL ASPHALT CO Patching Asphalt Street Maintenance 1010794 1,878 MCGINTY-VANSICKLE,PATTI Tuition Reimbursement/School Organizational Services 238767 1,859 XTREME INTEGRATION Maintenance Contracts IT Operating 1010869 1,856 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr Check# Amount Supplier/Explanation Account Description Business Unit Explanation 238959 1,846 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 5442 1,826 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 239086 1,813 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Prairie Village Liquor Store 239067 1,804 HOPKINS SCHOOL DISTRICT ISD270 Fiber Lease Payments IT Operating 238883 1,800 SUBURBAN WILDLIFE CONTROL INC Equipment Repair&Maint Storm Drainage 1011025 1,790 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 1010971 1,789 XCEL ENERGY Electric Round Lake 238858 1,739 OPEN PLAN SYSTEMS Supplies-General Building Arts Center 238669 1,710 BUREAU OF CRIMINAL APPREHENSION Software Maintenance IT Operating 238920 1,710 BUREAU OF CRIMINAL APPREHENSION Software Maintenance IT Operating 238710 1,702 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 238816 1,653 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 238815 1,631 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 239014 1,619 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maint. Fire Station#1 1010809 1,591 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 238681 1,552 CYCLONAIRE Equipment Parts Water Treatment Plant 238662 1,550 ARENA SERVICES AND PRODUCTS Contract Svcs-Ice Rink Ice Arena Maintenance 238876 1,531 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 1010817 1,514 GRAYBAR Equipment Repair&Maint Traffic Signals 1010932 1,510 VAN PAPER COMPANY Cleaning Supplies City Center Operations 238672 1,508 CENTURYLINK Wireless Subscription IT Telephone 238721 1,495 MEDICINE LAKE TOURS Special Event Fees Trips 1010820 1,485 KIDS TEAM TENNIS LLC Instructor Service Tennis 239079 1,480 LAVAN FLOOR COVERING Contract Svcs-General Bldg Den Road Liquor Store 238667 1,470 BLOOMINGTON,CITY OF Kennel Services Animal Control 239097 1,463 NORTHERN TECHNOLOGIES INC Design&Engineering Sewer Capital 238837 1,445 LANO EQUIPMENT INC Equipment Repair&Maint Fleet Operating 238756 1,393 STAPLES ADVANTAGE Office Supplies Escrow 238996 1,386 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 238974 1,364 NORTHSTAR MUDJACKING&MORE LLC Mudjacking Curbs Trail Construction 239114 1,360 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 1010921 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 239098 1,329 OLSEN CHAIN&CABLE Small Tools Sewer Liftstation 239019 1,321 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 239025 1,304 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 1010969 1,294 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 1010838 1,287 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 1010939 1,285 BOBBY&STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair&Maint Police 1010802 1,222 USA MOBILITY WIRELESS INC Pager&Cell Phone IT Operating 1010875 1,219 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 238829 1,215 INTERTECH INC Other Contracted Services IT Operating 239125 1,203 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance 238685 1,183 E A SWEEN COMPANY Merchandise for Resale Concessions 238664 1,164 ARVIG Fiber Lease Payments IT Operating 1011001 1,163 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1010938 1,162 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1010852 1,158 FERGUSON ENTERPRISES#2516 Repair&Maint.Supplies Water Metering 238891 1,155 US BANK Interest Investment Fund 238939 1,155 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 238957 1,146 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1011018 1,136 METRO SALES INCORPORATED* Other Rentals IT Operating 1010891 1,133 INTERSTATE POWER SYSTEMS INC Maintenance Contracts Water Wells 238884 1,125 SUMMIT FIRE PROTECTION Contract Svcs-Fire/Life/Safe Fitness/Conference-Cmty Ctr 238919 1,108 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Park Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1010926 1,106 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 1010833 1,105 STREICHERS Clothing&Uniforms Police 238704 1,100 HENNEPIN COUNTY UT DEPT Software Maintenance IT Operating 238971 1,080 MINNESOTA CHIEFS OF POLICE ASSOC Tuition Reimbursement/School Police 239031 1,079 CALLYO 2009 CORP Other Contracted Services Police 239121 1,068 TRAFFIC CONTROL CORPORATION Operating Supplies Traffic Signals 238999 1,037 STRAND MANUFACTURING CO INC Equipment Parts Water Metering 239085 1,020 MEDICINE LAKE TOURS Special Event Fees Trips 1010983 1,015 FULLERTON,ALLISON Tuition Reimbursement/School Organizational Services 238949 1,012 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 1010788 1,005 HACH COMPANY Laboratory Chemicals Water Treatment Plant 238878 990 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 1010816 988 GRAINGER Supplies-Electrical Senior Center 238735 985 NORTHSTAR MUDJACKING&MORE LLC Building Repair&Maint. Community Center 238796 974 CUMMINS NORTH CENTRAL INC Equipment Repair&Maint Fleet Operating 1010836 960 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 238895 959 WEBBER RECREATIONAL DESIGN INC Repair&Maint.Supplies Preserve Park 1010978 949 CLAREY'S SAFETY EQUIPMENT Clothing&Uniforms Customer Service 238928 937 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 1010831 922 SENIOR COMMUNITY SERVICES Refunds CDBG-Public Service 1010962 919 STREICHERS Training Supplies Police 238998 918 STAPLES ADVANTAGE Office Supplies Customer Service 238730 910 MIRACLE RECREATION EQUIPMENT CO Equipment Parts Bluff Tot Lot#1 1011000 910 A-SCAPE INC Maintenance Contracts Water Wells 238774 909 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire 1010811 903 FASTSIGNS Signs Special Initiatives 239080 900 LEUZE,JOSHUA Other Contracted Services Communications 238726 898 MIDWEST PLAYSCAPES Equipment Repair&Maint Staring Lake 238944 897 EATS Operating Supplies Police 1011009 896 GRAINGER Supplies-Electrical Utility Operations-General 238881 892 STERLING FENCE INC Maintenance Contracts Water Wells 238997 871 STAN MORGAN &ASSOCIATES INC. Capital Under$25,000 Den Road Liquor Store 1010987 870 MINNESOTA NATIVE LANDSCAPES Design&Engineering Storm Drainage 238801 864 E A SWEEN COMPANY Merchandise for Resale Concessions 239129 848 WHEELER LUMBER LLC Building Materials Park Construction 1010835 844 TWIN CITY SEED CO Landscape Materials/Supp Homeward Hills Park 238779 841 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 1010780 838 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 238754 832 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 5440 832 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 1011005 825 CENTERPOINT ENERGY Gas Sewer Liftstation 238805 819 EXECUTIVE OCEAN Employee Award City Council 239004 800 TWIN CITIES FOUNTAIN SERVICES Repair&Maint.Supplies Purgatory Creek Park 239022 798 BASELINE INC Other Contracted Services Park Maintenance 238862 786 PETTY CASH Mileage&Parking Planning 1010872 771 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 1010858 765 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment Plant 238742 762 RENOVO DATA SERVICES Equipment Repair&Maint Water Metering 238835 761 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks 1011027 760 TEE JAY NORTH INC Equipment Repair&Maint Den Road Liquor Store 1010902 759 STREICHERS Clothing&Uniforms Fire 239001 756 TKO WINES,INC Liquor Product Received Den Road Liquor Store 238850 755 MIRACLE RECREATION EQUIPMENT CO Equipment Repair&Maint Trail Construction 238824 755 HOPKINS SCHOOL DISTRICT ISD270 Fiber Lease Payments IT Operating Check# Amount Supplier/Explanation Account Description Business Unit Explanation 238910 754 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 238770 750 ADVANCED PUBLIC SAFETY INC Other Contracted Services Police 238781 750 BOLTON&MENK INC Design&Engineering Storm Drainage 239084 750 MEACK,TOM Other Contracted Services Community Band 238722 743 METRO BRICK INC Supplies-General Bldg CIP-Leasing Costs 1010908 740 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Historical Buildings 239068 734 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 238967 730 MEDICINE LAKE TOURS Special Event Fees Trips 238749 713 SCHERER BROTHERS LUMBER CO Landscape Materials/Supp Street Maintenance 1010856 695 INTEREUM INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 1011017 690 MENARDS Cleaning Supplies Park Construction 238820 687 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 1010863 682 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 1010864 678 PARK SUPPLY OF AMERICA INC Building Repair&Maint. Fire Station#2 1011012 673 HORIZON COMMERCIAL POOL SUPPLY Operating Supplies Round Lake 238828 663 INDOFF INCORPORATED Office Supplies Customer Service 239115 661 STAPLES ADVANTAGE Office Supplies Storm Drainage 1010851 651 FASTENAL COMPANY Capital Under$25,000 Fleet Operating 5430 650 GENESIS EMPLOYEE BENEFITS,INC HSA Health and Benefits 238731 650 MN WEIGHTS AND MEASURES Equipment Repair&Maint Police 239016 650 ALPINE DIVERSIFIED SERVICES INC Contract Svcs-HVAC Garden Room Repairs 239135 648 WALSH,MARY Deposits Escrow 239040 642 CWH RESEARCH INC. Employment Support Test Organizational Services 1010901 641 ST CROIX ENVIRONMENTAL INC Design&Engineering Storm Drainage 238798 638 DAVEY TREE EXPERT COMPANY,THE Improvement Contracts Shady Oak Rd-CR 61 South 1010965 631 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 238717 624 LAW ENFORCEMENT OPPORTUNITIES Tuition Reimbursement/School Police 1010955 622 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Public Safety Communications 1010791 618 JOHNSON,TROY Tuition Reimbursement/School Organizational Services 238800 616 DOMACE VINO Liquor Product Received Prairie View Liquor Store 1011014 612 JEFFERSON FIRE&SAFETY INC Operating Supplies Fire 238904 610 PETTY CASH-POLICE DEPT Miscellaneous Liquor Compliance 238908 607 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance 238752 600 SCOTT,ALISON Other Contracted Services Arts in the Park 238988 600 ROBERT C VOGEL Other Contracted Services Heritage Preservation 238732 599 MONROE,MICHAEL Other Contracted Services Arts in the Park 1010815 595 GOVDELIVERY Software Maintenance IT Operating 1010844 582 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1010894 582 MENARDS Safety Supplies Sewer System Maintenance 1010823 569 MENARDS Landscape Materials/Supp Facilities Staff 238879 567 STAPLES ADVANTAGE Office Supplies Police 238687 557 EDEN PRAIRIE WINLECTRIC Operating Supplies Park Maintenance 1010813 556 FERRELLGAS Gas Dorenkemper House 238851 555 MN STATE BOARD OF ASSESSORS Licenses&Taxes Assessing 238952 554 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Storm Drainage 238953 554 HENNEPIN COUNTY UT DEPT Equipment Repair&Maint Public Safety Communications 238782 552 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 238821 550 HENNEPIN COUNTY UT DEPT Software Maintenance IT Operating 239042 550 DIETHELM,TAMMY L Burial&Marker Fees Pleasant Hill Cemetery 238993 549 SNAP-ON TOOLS Small Tools Fleet Operating 1010881 547 DAIKIN APPLIED Supplies-Electrical City Center Operations 239057 547 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 238680 545 CUSHMAN MOTOR COMPANY INC. Equipment Parts Fleet Operating 1010931 543 THE OASIS GROUP Employee Assistance Health and Benefits Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1010910 539 BERRY COFFEE COMPANY Merchandise for Resale Concessions 5432 532 CERIDIAN Garnishment Withheld Health and Benefits 238690 528 EVIDENT INC Operating Supplies Police 238947 523 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 239038 522 CONSTRUCTION MATERIALS INC Operating Supplies Storm Drainage 239008 521 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 238927 518 CINTAS CORPORATION Cleaning Supplies Utility Operations-General 238812 515 GATES GENERAL CONTRACTOR Insurance Property Insurance 5443 515 CERIDIAN Garnishment Withheld Health and Benefits 238901 510 PETTY CASH-POLICE DEPT Motor Fuels Police 238859 502 OXYGEN SERVICE COMPANY EMS Supplies Fire 238772 500 AMAZING ATHLETES OF SOUTHWEST METRO Instructor Service Preschool Events 238819 500 HALL,DAVID Deposits-P&R Refunds Community Center Admin 1010986 493 MICHAELSON,ELIZABETH H Operating Supplies Winter Theatre 1011015 491 LOCATORS&SUPPLIES INC Asphalt Overlay Traffic Signals 238991 485 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 239023 480 BCA/CRIMINAL JUSTICE TRAINING&EDUCATIO Tuition Reimbursement/School Police 238814 477 GOOD EARTH PRODUCTS INC Repair&Maint.Supplies Fire 1010968 474 WATSON CO INC,THE Merchandise for Resale Concessions 239060 469 HALDEMANN HOMME INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 238943 469 E A SWEEN COMPANY Merchandise for Resale Concessions 238853 461 NAC Building Repair&Maint. Utility Operations-General 1010825 459 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 1010895 458 METRO SALES INCORPORATED* Equipment Repair&Maint IT Operating 238900 457 RICHARDSON,JIM Operating Supplies Police 1010789 456 INTOXIMETERS Miscellaneous DWI Forfeiture 1010874 455 AMERITRAK Other Contracted Services Street Maintenance 238833 455 KD KANOPY Capital Under$25,000 Special Events Admin 238743 450 RENZ,PAUL Other Contracted Services Arts in the Park 1010929 446 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 239028 438 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 1010912 437 BOUNDLESS NETWORK Operating Supplies Community Center Admin 238686 435 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Economic Development 238668 434 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 238916 432 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 238923 432 CALIFORNIA CONTRACTORS SUPPLIES INC Clothing&Uniforms Utility Operations-General 239009 424 WHEELER LUMBER LLC Repair&Maint.Supplies Sewer System Maintenance 238747 420 ROOT 0 MATIC Equipment Repair&Maint Sewer System Maintenance 1011019 419 MULCAHY COMPANY INC Supplies-HVAC City Hall-CAM 238964 415 LIFE SUPPORT INNOVATIONS Supplies-Fire/Life/Safety Public Works/Parks 239052 413 EXECUTIVE OCEAN Awards City Council 239006 407 UNIVERSAL ATHLETIC SERVICES INC Awards Volleyball 1010951 407 MENARDS Operating Supplies Community Center 239047 405 E A SWEEN COMPANY Merchandise for Resale Concessions 239007 400 VETERAN SHREDDING Other Contracted Services Senior Center Programs 239049 400 EDEN PRAIRIE WINLECTRIC Repair&Maint.Supplies Park Maintenance 238911 394 APPERT'S FOODSERVICE Merchandise for Resale Concessions 1010892 389 JEFFERSON FIRE&SAFETY INC Protective Clothing Fire 238700 389 GYM WORKS Repair&Maint.Supplies Fitness Center 238924 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 1010918 388 FASTENAL COMPANY Safety Supplies Fleet Operating 238830 382 JILL SAND CONSULTING Other Contracted Services Organizational Services 239109 382 RETROFIT COMPANIES,INC,THE Supplies-Electrical Fitness/Conference-Cmty Ctr 238951 377 GYM WORKS Repair&Maint.Supplies Fitness Center Check# Amount Supplier/Explanation Account Description Business Unit Explanation 238797 375 DAKOTA COUNTY TECHNICAL COLLEGE Tuition Reimbursement/School Fire 238794 374 CONTINENTAL SAFETY EQUIPMENT Repair&Maint-Ice Rink Ice Arena Maintenance 238671 369 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Organizational Services 1010845 363 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 238665 361 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 238885 360 SUMMIT PLACE CAMPUS Special Event Fees Trips 238761 360 UNIVERSAL ATHLETIC SERVICES INC Awards Basketball 238678 351 COSTCO Merchandise for Resale Fitness Classes 238775 350 APPERT'S FOODSERVICE Merchandise for Resale Concessions 238746 350 ROHDE,TINA Other Contracted Services Arts in the Park 238940 350 DIETHELM,TAMMY L Burial&Marker Fees Pleasant Hill Cemetery 239002 350 TOWEY,SANDY&JOHN Refunds Environmental Education 239055 350 G&M TREE MOVING,INC Other Contracted Services Reforestation 1010985 347 JOHN DEERE LANDSCAPES/LESCO Chemicals Park Maintenance 239083 345 MCINTYRE,ROBIN Operating Supplies Summer Theatre 1010853 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 238942 340 DOMACE VINO Liquor Product Received Den Road Liquor Store 238849 336 MINVALCO INC Building Repair&Maint. Utility Operations-General 1010785 331 FASTENAL COMPANY Operating Supplies Fleet Operating 238976 323 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery 1010913 319 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance 1010948 318 FILTRATION SYSTEMS Building Repair&Maint. Water Treatment Plant 238854 316 NEW BRIGHTON FORD Equipment Parts Fleet Operating 239127 315 VERIZON WIRELESS Telephone Park Maintenance 1010930 313 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations 238909 310 AFFILIATED EMERGENCY VETERINARY SERV Canine Supplies Police 238734 308 NOBLE INDUSTRIAL SUPPLY CORP Repair&Maint.Supplies Sewer Liftstation 1010877 307 BOYER TRUCKS Equipment Parts Fleet Operating 1010946 306 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 1010999 305 ADVANCED ENGINEERING&ENVIRONMENTAL SE Process Control Services Water Wells 238818 304 GS DIRECT Operating Supplies Engineering 1010927 302 QUALITY PROPANE Motor Fuels Fleet Operating 238655 300 3RD LAIR Instructor Service Lesson Skills Development 239118 300 SUBURBAN WILDLIFE CONTROL INC Equipment Repair&Maint Storm Drainage 238975 299 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Park Maintenance 1010804 298 VINOCOPIA Liquor Product Received Den Road Liquor Store 239074 297 KEEPERS Clothing&Uniforms Reserves 238983 295 PLAIR,JACHAN Deposits Escrow 238838 295 LEIFELD FRAMING Operating Supplies Police 238893 294 WATCHGUARD VIDEO Miscellaneous DWI Forfeiture 1010847 293 CARLSON,KEVIN Mileage&Parking Water Treatment Plant 1010860 293 LIND,LAWRENCE Mileage&Parking Water Treatment Plant 1010904 292 WATSON CO INC,THE Merchandise for Resale Concessions 238865 292 PINNACLE DISTRIBUTING Liquor Product Received Prairie View Liquor Store 1010839 291 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 1010886 288 GRAINGER Supplies-Electrical Utility Operations-General 1010883 286 DMX MUSIC Other Contracted Services Den Road Liquor Store 239134 285 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 238857 283 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Street Maintenance 1010960 281 SPS COMPANIES Repair&Maint.Supplies Capital Outlay Parks 1010899 281 PREMIUM WATERS INC Office Supplies Fire 239036 280 COGNITIVE VENTURES CHANHASSEN LLC Other Contracted Services Senior Center Programs 1010943 280 DAIKIN APPLIED Contract Svcs-Fire/Life/Safe City Center Operations 1011022 279 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Park Shelters Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1011029 275 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 1010810 274 FACTORY MOTOR PARTS COMPANY Lubricants&Additives Fleet Operating 1010806 274 ADVANCED ENGINEERING&ENVIRONMENTAL SE Design&Engineering Water Treatment Plant 238675 273 COMCAST Wireless Subscription IT Operating 238676 273 COMCAST Wireless Subscription IT Operating 239056 258 GERTENS Landscape Materials/Supp Park Maintenance 238987 258 PROP United Way Withheld Health and Benefits 238783 258 BROADWAY AWARDS Operating Supplies Reserves 1010897 255 PITNEY BOWES Postage Customer Service 1010896 253 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 238995 251 SOUTHWEST SUBURBAN PUBLISHING-CLASSIFIED Legal Notices Publishing City Clerk 238683 251 DEALER AUTOMOTIVE SERVICES INC Equipment Parts Fleet Operating 238844 250 MINNESOTA FIRE CHIEFS ASSOCIATION Operating Supplies Fire 238931 250 COLD SPRING GRANITE Other Contracted Services Park Acquisition&Development 238945 250 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Administration 1010777 250 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fitness/Conference-Cmty Ctr 239124 250 UNIFORMS UNLIMITED Clothing&Uniforms Animal Control 238660 249 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 1010832 248 SIRCHIE FINGER PRINT LABORATORIES Operating Supplies Police 239103 246 PETTY CASH Operating Supplies Senior Center Programs 239034 245 CHACHO'S GARAGE Equipment Repair&Maint Fleet Operating 1011007 244 FASTSIGNS Printing Outdoor Center 239092 243 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Fredrick Miller Spring 238926 241 CENTURYLINK Telephone E-911 Program 1010975 240 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1010884 239 FORKLIFTS OF MINNESOTA INC Maintenance Contracts Water Treatment Plant 238936 238 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld Health and Benefits 238716 237 KENDELL DOORS&HARDWARE INC Supplies-Security City Center Operations 1010873 236 A TO Z RENTAL CENTER Operating Supplies Wine Club/Events 239106 234 PRAHA DISTRIBUTING Liquor Product Received Den Road Liquor Store 239073 232 KAISER MANUFACTURING INC Repair&Maint-Ice Rink Ice Arena Maintenance 238982 232 PINE PRODUCTS INC Landscape Materials/Supp Purgatory Creek Park 238804 231 EDEN PRAIRIE FOOD SERVICES Miscellaneous Records Management 238656 230 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1010992 225 SAMS,JOHN Conference/Training Assessing 239107 224 PRINT SOURCE MINNESOTA Printing City Council 238799 223 DIETZ,EUGENE Refunds Environmental Education 239017 222 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 238720 220 MEADOW GREEN LAWNS INC Other Contracted Services Storm Drainage 1010800 220 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 238791 219 COMCAST Cable TV Fire 1011033 219 XCEL ENERGY Electric Forest Hills Park 1010982 217 FASTENAL COMPANY Safety Supplies Fleet Operating 238809 215 FONS,KYLE Deposits-P&R Refunds Community Center Admin 1010865 212 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 239059 209 GS DIRECT Operating Supplies Engineering 238684 208 DIRECTV Cable TV Community Center Admin 238657 208 ACTIVAR PLASTIC PRODUCTS GROUP INC Repair&Maint.Supplies Water Treatment Plant 238888 208 TKO WINES,INC Liquor Product Received Prairie View Liquor Store 238769 205 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 238977 205 PAPCO INC Janitor Service Public Works/Parks 1010964 203 TWIN CITY FILTER SERVICE INC Building Repair&Maint. Water Treatment Plant 238673 200 COLD SPRING GRANITE Other Contracted Services Park Acquisition&Development 238785 200 CHRIST LUTHERAN CHURCH Deposits-P&R Refunds Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Explanation 238845 200 MINNESOTA LANDSCAPE ARBORETUM Other Contracted Services Storm Drainage 238852 200 MRA-THE MANAGEMENT ASSOCIATION Other Contracted Services Organizational Services 238902 200 AITKIN COUNTY SHERIFFS DEPARTMENT Deposits Escrow 239050 200 EDINA,CITY OF Other Contracted Services Communications 1010786 200 FERGUSON ENTERPRISES#2516 Equipment Repair&Maint Water System Maintenance 1010935 200 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 238973 199 NEW BRIGHTON FORD Equipment Parts Fleet Operating 238806 197 FALCONER,ALEXANDER Deposits-P&R Refunds Community Center Admin 1010994 197 STAR EQUIPMENT INC Equipment Repair&Maint Fleet Operating 238873 196 RYLAND HOMES TWIN CITIES DIVISION OFFICE Reimbursement Escrow 1010862 196 MILLARD,CHRIS Travel Expense Police 1010784 196 DUNGAN,TRACY Mileage&Parking Concessions 1010933 194 VIK,LISA Mileage&Parking Police 1010792 190 JOHNSTONE SUPPLY Building Repair&Maint. Water Treatment Plant 238699 190 GS DIRECT Operating Supplies Engineering 1011020 187 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 1010821 186 LOFFLER COMPANIES INC Equipment Repair&Maint IT Operating 238917 185 BROCK WHITE COMPANY LLC Patching Asphalt Street Maintenance 1010793 185 LARSON,MATHEW Travel Expense IT Operating 1010972 184 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Water Treatment Plant 238960 183 JEREMIAH,JANET Travel Expense Community Development Admin. 239091 183 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 5439 180 CERIDIAN Pension payment-SS/FICA Health and Benefits 238839 180 MICK'S PLUMBING LLC Repair&Maint.Supplies Capital Outlay Parks 1010799 178 QUALITY PROPANE Equipment Parts Ice Arena Maintenance 238918 174 BRO-TEX INC Operating Supplies Fleet Operating 239087 170 MIDWEST LOCK&SAFE Operating Supplies Inspections-Administration 238808 168 FIRE SAFETY USA INC Operating Supplies Fire 238935 167 COMCAST Cable TV Fire 1010801 166 STONEBROOKE Equipment Parts Fleet Operating 239081 164 MARSAN,SEAN Deposits-P&R Refunds Community Center Admin 238760 162 UNITED STATES POSTAL SERVICE Postage Senior Center Admin 238827 161 INDELCO PLASTICS CORP Repair&Maint.Supplies Utility Operations-General 239043 159 DIRECTV Other Contracted Services Community Center Admin 1010893 158 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 238737 157 OXYGEN SERVICE COMPANY EMS Supplies Fire 238921 157 BUSINESS IMPACT GROUP Clothing&Uniforms Fire 1010953 156 MOTOROLA Equipment Repair&Maint Public Safety Communications 238811 156 GAMETIME Other Contracted Services Prairie East Park 239095 156 MOHR,KATHI Deposits-P&R Refunds Community Center Admin 238887 154 THAMES,JANE Deposits-P&R Refunds Community Center Admin 238789 151 COMCAST Cable TV Fire 238790 151 COMCAST Cable TV Fire 238788 151 COMCAST Cable TV Fire 239088 150 MIHAG,MATTHEW Refunds Environmental Education 239116 150 STRAND MANUFACTURING CO INC Equipment Repair&Maint Sewer Liftstation 1010966 150 USA SECURITY Maintenance Contracts Water Treatment Plant 1011030 150 USA SECURITY Maintenance Contracts Water Treatment Plant 238670 150 BUSINESS IMPACT GROUP Clothing&Uniforms Fire 1010795 148 METROPOLITAN FORD Equipment Parts Fleet Operating 1010973 148 AJITAPRASAD,BEENA Mileage&Parking Community Center Admin 238930 148 COBORNS Merchandise for Resale Concessions 238708 146 HIGHWAY 5 BP Motor Fuels Fleet Operating 239035 146 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General Check# Amount Supplier/Explanation Account Description Business Unit Explanation 238886 145 SWAIM,LEAH Refunds Environmental Education 1010942 140 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre 238870 139 PRINT SOURCE MINNESOTA Refunds CDBG-Public Service 1010993 138 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 239041 138 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 1011004 137 CDW GOVERNMENT INC. Software IT Operating 1010919 137 GETSCHOW,RICK Mileage&Parking Administration 239108 135 QUALITY FORKLIFT SALES&SERVICE,INC Equipment Repair&Maint Fleet Operating 238874 134 SCHERER BROTHERS LUMBER CO Landscape Materials/Supp Street Maintenance 5437 134 OPTUM HEALTH Other Contracted Services Health and Benefits 238834 134 KEEPERS Clothing&Uniforms Reserves 239066 133 HOME DEPOT CREDIT SERVICES Supplies-Plumbing Fitness/Conference-Cmty Ctr 1010861 133 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 238810 132 G&K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance 239005 131 UNITED WAY United Way Withheld Health and Benefits 1010842 131 BATTERIES PLUS Supplies-Fire/Life/Safety Fitness/Conference-Cmty Ctr 1011006 130 CITI-CARGO&STORAGE CO,INC Operating Supplies Summer Theatre 1010980 128 DAVIS,BOB Conference/Training Police 1010997 128 WYFFELS,BILL Conference/Training Police 1010797 128 PARK SUPPLY OF AMERICA INC Ed Center-Supplies City Hall-Direct Costs 238758 126 SYVERSON,PHYLLIS Deposits-P&R Refunds Community Center Admin 5431 125 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 238714 125 JOHNSON,PHILLIP Clothing&Uniforms Police 1010857 125 JETER,KARA Tuition Reimbursement/School Fitness Classes 238875 125 SHARMA,SIDHARTHA Refunds Environmental Education 1011008 122 GINA MAMAS INC Operating Supplies Fire 238842 122 MIDWEST LOCK&SAFE Supplies-Security City Center Operations 5428 122 VANCO SERVICES Miscellaneous Community Center Admin 1010911 120 BIGGAR,JERRAD Travel Expense Police 239033 120 CENTURYLINK Telephone IT Telephone 238825 120 IMHOFF,SCOTT Refunds Environmental Education 1010970 117 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 239027 117 BOOM ISLAND BREWING COMPANY Liquor Product Received Den Road Liquor Store 238856 116 OLSEN CHAIN&CABLE Equipment Testing/Cert. Fire 1010957 116 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 239003 116 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 238922 115 C E SUNDBERG COMPANY Supplies-General Building City Center Operations 239093 115 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Operating 239029 114 BUSWELL,DAVE Conference/Training Assessing 1010977 114 CARLSON,JODY Conference/Training Assessing 1011002 113 BIFFS INC Waste Disposal Park Maintenance 238840 111 MID AMERICA METER,INC Repair&Maint.Supplies Water Metering 1010796 109 NEWTON,J.RANDALL Mileage&Parking Transportation Fund 239077 107 LACROIX,MICHAEL Operating Supplies Senior Center Programs 238972 106 MOBILE RADIO ENGINEERING INC Equipment Repair&Maint Public Safety Communications 1010826 106 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 238867 105 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Fleet Operating 238990 105 SCHERER BROTHERS LUMBER CO Repair&Maint.Supplies Storm Drainage 238925 104 CARVER COUNTY LICENSE CENTER Autos Police 238866 102 PRAHA DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 238823 100 HOOVER,ERIK Other Contracted Services Summer Theatre 239018 100 ANDERSON,JOHN Refunds Environmental Education 239021 100 BACAL,AGNIESZKA Other Contracted Services Staring Lake Concert 239024 100 BEND IN THE RIVER BIG BAND Other Contracted Services Staring Lake Concert Check# Amount Supplier/Explanation Account Description Business Unit Explanation 239026 100 BESTLER,ADAM Other Contracted Services Staring Lake Concert 239099 100 PAGEL,PAUL Other Contracted Services Staring Lake Concert 239110 100 RICHTER,BRIAN E. Other Contracted Services Staring Lake Concert 1011010 100 GRANICUS INC Equipment Repair&Maint Cable PEG 1010888 100 HD SUPPLY FACILITIES MAINTENANCE Ed Center-Supplies City Hall-CAM 1010909 100 BATTERIES PLUS Supplies-Plumbing City Hall-CAM 238954 98 HENNEPIN COUNTY RESIDENT&REAL ESTATE Other Contracted Services Engineering 238905 96 440400-NCPERS MINNESOTA PERA Health and Benefits 239102 96 PETSMART Canine Supplies Police 1010798 93 PROSOURCE SUPPLY Supplies-General Bldg Fitness/Conference-Cmty Ctr 239046 90 DONOHUE,ANDREW Deposits Escrow 239075 90 KISCH,LISA Deposits-P&R Refunds Community Center Admin 238980 88 PETSMART Canine Supplies Police 1010947 88 FEDEX KINKO'S OFFICE AND PRINT SERVICES Office Supplies Utility Operations-General 238894 87 WATER HEATERS ONLY LLC Repair&Maint-Ice Rink Ice Arena Maintenance 238677 86 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance 1010979 84 CUSTOM HOSE TECH Equipment Parts Fleet Operating 238768 84 LOSEKE,MICHELLE Deposits-P&R Refunds Community Center Admin 238848 83 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 238777 83 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 1010843 82 BECKER,DAVE Conference/Training Police 1010849 82 DAVIS,BOB Conference/Training Police 238757 81 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1010959 81 SPRINT Computers IT Operating 238736 80 OLSEN CHAIN&CABLE Repair&Maint.Supplies Utility Operations-General 239070 77 JERRYS DO IT BEST Repair&Maint.Supplies Sewer System Maintenance 239089 75 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 239100 74 PANAKKAL,HARISHKUMAR Deposits-P&R Refunds Community Center Admin 239000 72 THREE RIVERS PARK DISTRICT Instructor Service Lesson Skills Development 1010867 70 STREIFF,CHAD Tuition Reimbursement/School Police 1010924 70 O'ROURKE,MATTHEW Tuition Reimbursement/School Police 238715 70 KEEPERS Clothing&Uniforms Reserves 1010922 70 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 238803 70 EATS Training Supplies Prairie Village Liquor Store 239122 68 TRUC,JUDITH Operating Supplies Senior Center Programs 1010914 68 CLAREY'S SAFETY EQUIPMENT Equipment Repair&Maint Emergency Preparedness 1010988 67 O'ROURKE,MATTHEW Clothing&Uniforms Police 1010990 61 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 238751 60 SCHMIDT,KAREN Deposits Community Center Admin 1010812 58 FEDEX Postage Human Resources 239117 58 STROUD,CURTIS AR Utility Water Enterprise Fund 1010945 58 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 1010830 55 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 1010915 55 DAHLE,DAVID Operating Supplies Storm Drainage 238813 55 GOEL,ANIL Deferred Revenue General Fund 238889 55 TULLY,CHRISTOPHER Inspection Fee Housing Inspections 1010808 53 BANK BEER CO Liquor Product Received Prairie View Liquor Store 1010837 51 VIKING ELECTRIC SUPPLY Supplies-Electrical Senior Center 239069 51 INDOFF INCORPORATED Office Supplies Customer Service 239130 51 WILSON SPORTING GOODS Operating Supplies Tennis 238661 50 ANOKA COUNTY SHERIFF'S DEPT Deposits Escrow 239044 50 DISURD,RICHARD Refunds Environmental Education 1010898 50 POMP'S TIRE SERVICE INC Tires Fleet Operating 238795 49 CUB FOODS EDEN PRAIRIE Employee Award Organizational Services Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1010814 49 GINA MARIAS INC Operating Supplies Fire 238882 47 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 238932 46 COMCAST Cable TV Fire 1011023 41 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 1010778 40 AMERICAN SOLUTIONS FOR BUSINESS Office Supplies Community Center Admin 238658 40 ADAMS,THOMAS&MAUREEN Deposits Community Center Admin 238697 40 GRANT,ROBERT&SUSAN Deposits Community Center Admin 238709 40 HO,PUI LING Deposits Community Center Admin 238718 40 MCFOA Dues&Subscriptions City Clerk 238748 40 RYSKI,RANDALL&CONSTANCE Deposits Community Center Admin 1010819 40 JEFFERSON FIRE&SAFETY INC Protective Clothing Fire 238705 39 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 1010917 38 EXTREME BEVERAGE Liquor Product Received Prairie View Liquor Store 1010998 36 A TO Z RENTAL CENTER Landscape Materials/Supp Water Treatment Plant 238861 36 PEARSON,KIM Deposits-P&R Refunds Community Center Admin 239045 35 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 238966 35 MCFOA Dues&Subscriptions City Clerk 238992 35 SIGNSOURCE Equipment Parts Fleet Operating 239123 35 TUCKER,KATE Deposits-P&R Refunds Community Center Admin 1011003 35 CAWLEY COMPANY,THE Clothing&Uniforms Den Road Liquor Store 239064 32 HESBY,BRANDON Deposits-P&R Refunds Community Center Admin 238937 32 CUB FOODS EDEN PRAIRIE Training Supplies Police 238674 32 COMCAST Wireless Subscription IT Operating 238929 32 CLEAN N PRESS MTKA Clothing&Uniforms Police 238933 32 COMCAST Wireless Subscription IT Operating 1010866 31 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 1010991 28 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance 238868 28 PRASAD,ANITA Deposits-P&R Refunds Community Center Admin 1010974 26 BATTERIES PLUS Supplies-Electrical Park Shelters 239053 26 FIRE SAFETY USA INC Equipment Repair&Maint Fire 238696 25 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Building City Center Operations 238778 25 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 238914 25 ASSOCIATION OF RECYCLING MANAGERS Conference/Training Recycle Rebate 1010925 25 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Den Road Liquor Store 238880 23 STARKEY,REBECCA Deposits-P&R Refunds Community Center Admin 239090 23 MINNESOTA POLLUTION CONTROL AGENCY Licenses&Taxes Water Treatment Plant 1010989 22 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 238915 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance 238729 21 MINVALCO INC Building Repair&Maint. Utility Operations-General 238759 21 UNIFORMS UNLIMITED Clothing&Uniforms Reserves 1010855 21 HALLOCK COMPANY INC Repair&Maint.Supplies Park Maintenance 238741 20 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 1010841 20 AMERICAN SOLUTIONS FOR BUSINESS Operating Supplies Community Center Admin 238666 20 BIENKOWSKI,CAMMI Deposits Community Center Admin 238689 20 ERISGEN,AMANDA Deposits Community Center Admin 238693 20 FLOREY,ELISE Deposits Community Center Admin 238702 20 HANSON,LINDA Deposits Community Center Admin 238755 20 STAHL,PAT Deposits Community Center Admin 239082 20 MATHEY SIGN AND DESIGN Application Fees General Fund 1010880 20 CONCRETE CUTTING&CORING INC Equipment Parts Utility Operations-General 238679 20 CUB FOODS EDEN PRAIRIE Operating Supplies Police 238750 15 SCHMIDT,BETTY Deposits-P&R Refunds Community Center Admin 239037 15 COMCAST Other Contracted Services Police 238727 13 MINNESOTA TROPHIES&GIFTS Clothing&Uniforms Police Check# Amount Supplier/Explanation Account Description Business Unit Explanation 238872 11 RENOVO DATA SERVICES Miscellaneous IT Operating 238691 10 FILARDO,SANDRA Deposits Community Center Admin 238847 9 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 239076 8 KOCOUREK,JOAN Clothing&Uniforms Police 239054 8 FISERV INC Bank and Service Charges Sewer Accounting 238707 7 HESBY,BRANDON Deposits-P&R Refunds Community Center Admin 1010779 5 BATTERIES PLUS Supplies-Electrical Pool Maintenance 238762 5 WEBBER,BEN Deposits-P&R Refunds Community Center Admin 1010827 5 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 238934 4 COMCAST Cable TV Fire 1010879 4 CERIDIAN Ceridian IT Operating 238984 2 PRAIRIE LAWN AND GARDEN Equipment Parts Park Maintenance 238807 2 FERGUSON WATERWORKS Repair&Maint.Supplies Water Metering 238787 2 COMCAST Other Contracted Services Police 6,961,809 Grand Total City of Eden Prairie Council Check Summary 6/16/2015 Division Amount Division Amount General 18,160 304 Senior Board 109 100 City Manager 4,129 308 E-911 309 101 Legislative 7,843 309 DWI Forfeiture 750 102 Legal Counsel 43,114 314 Liquor Compliance 610 110 City Clerk 564 315 Economic Development 1,691 111 Customer Service 5,664 445 Cable PEG 100 112 Human Resources 471 502 Park Development 785 113 Communications 20,803 512 CIP Trails 6,721 114 Benefits&Training 12,859 522 Improvement Projects 2006 663 130 Assessing 4,171 526 Transportation Fund 185 131 Finance 9,314 527 CIP-Leasing Costs 85,510 132 Housing and Community Services 244 528 Shady Oak Rd-CR 61 North 1,096 133 Planning 21,360 529 Shady Oak Rd-CR 61 South 649,456 136 Public Safety Communications 7,079 530 Pool Upgrade/Expansion 1,732,008 137 Economic Development 387 531 Eden Prairie Road 5,068 138 Community Development Admin. 238 532 EP Road Connect Flying Cloud 3,670 150 Park Administration 6,059 534 WEST 70TH ST.EXTENSION 29,717 151 Park Maintenance 71,893 Total Capital Projects 2,518,446 153 Organized Athletics 795 154 Community Center 40,174 601 Prairie Village Liquor 200,107 156 Youth Programs 10,303 602 Den Road Liquor 305,958 157 Special Events 1,385 603 Prairie View Liquor 215,269 158 Senior Center 5,607 605 Den Road Building 1,438 159 Recreation Administration 8,379 701 Water Fund 322,675 160 Therapeutic Recreation 24 702 Sewer Fund 614,204 162 Arts 5,482 703 Storm Drainage Fund 146,500 163 Outdoor Center 985 Total Enterprise Funds 1,806,150 168 Arts Center 2,031 180 Police 30,734 803 Escrow Fund 14,201 184 Fire 43,815 806 SAC Agency Fund 37,275 186 Inspections 6,670 807 Benefits Fund 1,170,921 200 Engineering 1,925 809 Investment Fund 1,155 201 Street Maintenance 42,238 811 Property Insurance 515 202 Street Lighting 70,382 812 Fleet Internal Service 47,018 Total General Fund 505,281 813 IT Internal Service 158,739 814 Facilities Capital ISF 50,483 301 CDBG 7,848 815 Facilites Operating ISF 55,085 303 Cemetary Operation 1,239 816 Facilites City Center ISF 74,315 312 Recycle Rebate 25 817 Facilites Comm.Center ISF 94,061 Total Special Revenue Funds 9,112 Total Internal Service Funds 1,703,769 427 2005 G.O.IMPR BONDS 4,970 Report Total 6,961,809 434 2008A Capital Equipment Notes 345,915 435 2008B G.O.Improvement Bonds 29,993 437 G.O.Penn.Improv.2010A 15,855 438 G.O.Bonds(SCBA)2011B 2,550 440 GO Perm Impr Ref Bonds 2011D 19,769 Total Debt Services 419,051 City of Eden Prairie Purchasing Card Payment Report April Purchases Amount Explanation Vendor Account Description Business Unit 250 US-license fee SCW FITNESS Licenses,Permits,Taxes,Fees Fitness Classes 15 US-scheduling software NIMBLE SCHEDULE Operating Supplies Community Center Admin 375 US-scheduling software NIMBLE SCHEDULE Other Contracted Services Community Center Admin 88 US-Beena CC Fraud US BANK Deposits Escrow 41 US-april seminar KOWALSKI'S MARKET Training Supplies Utility Operations-General 100 US-waders GANDER MOUNTAIN Operating Supplies Park Maintenance 14 US-trail maint MENARDS Operating Supplies Park Maintenance 67 US-soccer goals MENARDS Operating Supplies Park Maintenance 35 US-potting soil-transplanting MENARDS Landscape Materials/Supp Park Maintenance 49 US-potting soil-transplanting MENARDS Landscape Materials/Supp Park Maintenance 33 US-homeward hills-walkways MENARDS Building Materials Homeward Hills Park 56 US-potting soil-transplanting MENARDS Landscape Materials/Supp Park Maintenance 70 US-potting soil-transplanting MENARDS Landscape Materials/Supp Park Maintenance 8 US-ID tags MENARDS Operating Supplies Park Maintenance 59 US-potting soil-transplanting MENARDS Landscape Materials/Supp Park Maintenance -6 US-P Bauer cc refund US BANK Deposits Escrow 300 US-P Bauer CC fraud US BANK Deposits Escrow 6 US-P Bauer cc refund US BANK Deposits Escrow 829 US-K Bengston cc personal use SPRINT STORE Deposits Escrow 22 US-parts DAN'S SOUTHSIDE MARINE Equipment Parts Fleet Operating 16 US-parts AMAZON.COM Equipment Parts Fleet Operating 22 US-car charger AMAZON.COM Equipment Parts Fleet Operating 37 US-batteries AMAZON.COM Equipment Parts Fleet Operating 150 US-Food AURELIAS AUTHENTIC Sales Tax Payable General Fund 140 US-food DAVANNI'S PIZZA Operating Supplies Fire 138 US-food DRAGON JADE Operating Supplies Fire 13 US-pop WALGREEN'S#5080 Operating Supplies Senior Center Admin 824 US-employee recognition BIAGGI'S RISTORANTE ITALIANO Miscellaneous Internal Events 163 US-coffee COFFEE WHOLESALE Operating Supplies Senior Center Programs 108 US-coffee servers US FOOD CULINARY EQUIPMENT&S Operating Supplies Senior Board 10 US-driver safety supplies KOWALSKI'S MARKET Operating Supplies Senior Center Programs 10 US-paint for tennis court graf MENARDS Repair&Maint. Supplies Red Rock Park -10 US-bongaarts cc refund US BANK Deposits Escrow 128 US-woodshed-outdoor ctr MENARDS Building Materials Outdoor Center 10 US-bongaarts cc refund US BANK Deposits Escrow 65 US-supplies MENARDS Small Tools Sewer System Maintenance 20 US-bags MENARDS Operating Supplies Park Maintenance 12 US-spray paint-riley hand rail MENARDS Repair&Maint. Supplies Riley Lake 110 US-light rail mtg MCCARRONS PUB Operating Supplies Utility Operations-General 100 US-vactor trng,bauer,ethun MACQUEEN EQUIPMENT INC Conference/Training Utility Operations-General 90 US-cleaning supplies MENARDS Cleaning Supplies Utility Operations-General 472 US-vacuum MILESTONE EQUIPMENT&SUPPLIES Cleaning Supplies Utility Operations-General 160 US-sludge sampling UNIVERSITY OF MINNESOTA Lime Residual Removal Water Treatment Plant 21 US-batteries MENARDS Repair&Maint. Supplies Water Treatment Plant 34 US-bleach MENARDS Lab Supplies Water Treatment Plant 10 US-office supplies WALGREEN'S#5080 Operating Supplies Street Maintenance Amount Explanation Vendor Account Description Business Unit 21 US-truck 441 charger TARGET Operating Supplies Park Maintenance 13 US-cleaning supplies MENARDS Equipment Parts Utility Operations-General 1,552 US-lime silo bags CYCLONAIRE Repair&Maint.Supplies Water Treatment Plant 19 US-trash bags MENARDS Operating Supplies Tree Disease 346 US-new world conf DELTA AIR Conference/Training Fire 217 US-office supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Fire 62 US-recruit interviews ERBERT&GERBERT'S Sales Tax Payable General Fund 130 US-K Cox flowers-dispatch week BACHMANS CREDIT DEPT Deposits Escrow 740 US-IAFC conf Cox IAFCI Conference/Training Fire 47 US-recruit testing JIMMY JOHNS Operating Supplies Fire 150 US-K Cox flowers-B Bach BACHMANS CREDIT DEPT Deposits Escrow 12 US-cat food for bart bag TARGET Operating Supplies Fire 25 US-bag fee DELTA AIR Conference/Training Fire 56 US-taxi for conf YELLOW CAB Conference/Training Fire 2,183 US-code books INTERNATIONAL CODE COUNCIL Operating Supplies Inspections-Administration 38 US-hiawatha mailbox TWIN CITY BRICK&STONE Building Materials Street Maintenance 30 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 41 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 43 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions -2 US-epcc test EDEN PRAIRIE COMMUNITY CENTER Deposits Escrow 2 US-epcc test EDEN PRAIRIE COMMUNITY CENTER Deposits Escrow 153 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 49 US-license HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes,Fees Concessions 49 US-license HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes,Fees Concessions 47 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 69 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 92 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 22 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 24 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 6 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 19 US-café food BRUEGGERS BAGEL Merchandise for Resale Concessions 96 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 32 US-lunch during training TONY ROMA'S Sales Tax Payable Water Enterprise Fund 140 US-CPR course AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 405 US-CPR course AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 129 US-fitness repairs KB ELECTRONICS Repair&Maint. 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Training Supplies Police 195 US-tmg conf FBINAA Tuition Reimbursement/School Police 25 US-itinerant HENNEPIN COUNTY TREASURER Operating Supplies Wine Club/Events 35 US-night vision repair UPS STORE,THE Equipment Repair&Maint Police 14 US-name tapes for geronsin SPUR NAME TAPES Clothing&Uniforms Police 188 US-uniform account LA POLICE GEAR Clothing&Uniforms Police 300 US-MN Chiefs conf BEST WESTERN KELLY INN,THE Conference/Training Police 679 US fetter headsets W W GRAINGER INC Repair&Maint. Supplies Sewer System Maintenance 46,495 Report Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances &Resolutions June 16, 2015 ITEM DESCRIPTION: DEPARTMENT/DIVISION: Approve First and Second Readings of ITEM NO.: XI.A. ordinance amending City Code Chapter 4 of City Attorney Ric Rosow relating to taproom and growler licenses and administrative clarifications Requested Action Move to: • Approve first reading of an ordinance amending City Code Chapter 4 relating to taprooms and growler licenses and administrative clarifications, which first reading occurred on May 5, 2015; and • Approve the second reading of an ordinance amending City Code Chapter 4 relating to taprooms and growler licenses and administrative clarifications; and • Approve the summary ordinance and resolution for publication Synopsis The City has received inquiries concerning taproom,brewpub and growler liquor licenses. The City Code currently authorizes the issuance of an on-sale liquor licenses to brewpubs and an off- sale (growler) license to brewpubs. This Ordinance revises City Code to update the brewpub and growler language to match the recently adopted statute; adds licenses for taprooms including an on-sale brewer taproom license and an off-sale small brewer(growler) license; allows for off-sale of growlers on Sundays; and incorporates a number of administrative type revisions for clarification of issues that the Police Department has indicated have raised questions over the years. Background Information The ordinance amendments were discussed in detail during the first reading of the ordinance at the May 5, 2015 Council meeting. No further revisions have been made to the ordinance since the first reading. Attachments Ordinance Resolution and Summary Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 1 RELATING TO REFERENCES TO STATUTES; AMENDING CITY CODE CHAPTER 4 RELATING TO TAPROOM AND GROWLER LICENSES AND ADMINISTRATIVE AND CLARIFICATION MATTERS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 1 is hereby amended by inserting a new Section 1.10 to read as follows: SECTION 1.10. MINNESOTA STATUTES. As used in this City Code, references to Minnesota Statutes and Rules shall refer to such statues and rules as may be amended from time to time. Section 2. City Code Chapter 4, Section 4.01 is hereby amended by: (i) relocating the definition of "Bowling center" in its entirety from subdivision 22 to subdivision 5; (ii) in the definition of "Intoxicating Liquor and Liquor" deleting the word "beverage" and replacing it with the word "liquor" in the second line; and (iii) in the definition of"Wine" deleting the "d" from the end of the word"agricultured" in the second line. Section 3. City Code Chapter 4, Section 4.01 is hereby amended by inserting the following definitions in alphabetical order and renumbering the existing definitions as appropriate: "Brew pub" is a brewer who also holds one or more retail on-sale licenses and who manufactures fewer than 3,500 barrels of malt liquor in a year, at any one licensed premises, the entire production of which is solely for consumption on tap on any licensed premises owned by the brewer, or for off-sale from those licensed premises as permitted by Minnesota Statutes Section Chapter 340A.24, subdivision 2. "Brewer" has the meanings given it in Minnesota Statutes Section 340A.101. "Brewer Taproom" is a brewer licensed under section 340A.301, subdivision 6, clause (c), (i), or (j) who also holds a retail license to sell on-sale malt liquor produced by the brewer for consumption on the premises of or adjacent to a brewery location owned by the brewer. "Growler" is malt-liquor sold off-sale by a small brewer or brew pub, which has been produced and packaged by the brewer in 64-ounce containers commonly known as growlers or in 750 milliliter bottles. "Malt Liquor" means any beer, ale, or other beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. "Small Brewer" is a brewer licensed under section 340A.301, subdivision 6, clause (c), (i), or(j) who also holds a retail license to sell off-sale malt liquor at its licensed premises which has been produced and packaged by the brewer. Section 4. City Code Chapter 4 is hereby amended by renumbering Sections 4.02 through 4.08 to Sections 4.03 to 4.09 and inserting a new Section 4.02 to read as follows: SECTION 4.02. LICENSE REQUIRED. It is unlawful for any person to directly or indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, or otherwise dispose of alcoholic beverages as part of a commercial transaction without having obtained the license or permit required by this Chapter and/or Minnesota Statutes Chapter 340A. The licenses permitted under this Chapter are as follows: Beer (4.20), Temporary Beer (4.21), Brewer Taproom and Small Brewer (4.22), Brew pub (4.23), Intoxicating Liquor (4.30), Temporary Intoxicating Liquor (4.31), and Wine (4.40). This Section shall not apply to (1) to possession or handling for sale or otherwise of sacramental wine or to any representative of any religious order or for use in connection with a legitimate religious ceremony; (2) to such potable liquors as are prescribed by licensed physicians and dentists for therapeutic purposes; (3) to industrial alcohol and its compounds not prepared or used for beverage purposes; (5) to sales by manufacturers to wholesalers duly licensed as such by the State of Minnesota and to sales by wholesalers to persons holding on-sale or off-sale licenses from the City. Section 5. City Code Chapter 4, renumbered Section 4.03 "License Applications" is hereby amended by deleting Subd. 3 in its entirety and replacing it with the following: Subd. 3.Application and Investigation Fees. A. Investigation Fee. At the time of the initial application, applicants for on-sale liquor licenses, beer licenses, on-sale wine licenses, brewer taproom licenses and on-sale brew pub licenses shall pay a fee to the City which shall be considered an investigation fee, not refundable to applicant, to cover the costs of the City in the investigation of the application. No such fee shall be required of an applicant for a temporary beer or liquor license, a small brewer license or an off-sale brew pub license. An application is not complete until payment of the investigation fee. B. License Fee. Prior to issuance of a license, all applicants for a license issued under this Chapter shall pay a fee to the City which shall be considered an application fee, not refundable to applicant except as provided in Section 4.07, Subd. 7 of this Chapter, to cover the costs of the City in administering the license. If the license issued is for less than a full year, the license fee shall be prorated based on the date of issuance of the license. Section 6. City Code Chapter 4, renumbered Section 4.03 "License Applications", Subd. 6 is hereby amended by deleting the year"1990," in the second line. Section 7. City Code Chapter 4, renumbered Section 4.04 "Financial Responsibility of Applicants and Licensees", Subd. 1 is hereby amended by: (i) deleting the phrase "beer, wine or liquor" in the first line and replacing it with the phrase "alcoholic beverage"; and (ii) deleting the year "1990," in the second line. Section 8. City Code Chapter 4, renumbered Section 4.04 "Financial Responsibility of Applicants and Licensees", is hereby amended by deleting Subd. 2 in its entirety and replacing it with the following: Subd. 2. Exception. This Section does not apply to licensees identified in Minnesota Statutes Section 340A.409, Subd. 4. An applicant seeking to use this exception shall, prior to issuance of a license, provide to the City a copy of the affidavit required by statute. Section 9. City Code Chapter 4, renumbered Section 4.05 "Processing of Application", Subd. 1 is hereby amended by deleting the final two sentences. Section 10. City Code Chapter 4, renumbered Section 4.05 "Processing of Application", Subd. 3 is hereby amended by deleting the third sentence. Section 11. City Code Chapter 4, renumbered Section 4.06 "Standards" is hereby amended by deleting Subd. 3 in its entirety and replacing it with the following: Subd. 3. No license shall be granted to an applicant who has a direct or indirect interest in a manufacturer, brewer or wholesaler, except to a brew pub, brewer taproom, or small brewer, as defined in this Chapter. Section 12. City Code Chapter 4, renumbered Section 4.06 "Standards" is hereby amended by deleting Subd. 7 in its entirety and renumbering Subd. 8 as Subd. 7. Section 13. City Code Chapter 4, renumbered Section 4.07 "General Provisions Regarding Licenses" is hereby amended by deleting Subd. 4 in its entirety and replacing it with the following: Subd. 4. Principal Part of Business. A. Restaurant: A licensed restaurant, including a brew pub, shall be conducted in such manner that the principal part of the business for a license year is the serving of food. For restaurants, "principal part" shall mean forty percent (40%) or more of the gross receipts. B. Hotel. A hotel shall be conducted in such manner that, in relation to that part of the total business attributable to or derived from the serving of food and intoxicating liquors, the principal part of the business for a license year is the serving of food. For hotels, "principal part" shall mean forty percent(40%) or more of the gross receipts. C. Bowling Center. A bowling center shall be conducted in such manner that the principal part of the business for a license year is composed of food, beverage, vending machine sales, bowling activity and other recreational activities and sales including, but not limited to, bowling, bowling equipment, arcade games, and billiards. For bowling centers, "principal part" shall mean seventy percent (70%) or more of gross receipts. Section 14. City Code Chapter 4, renumbered Section 4.07 "General Provisions Regarding Licenses", Subd. 7 is hereby amended by: (i) inserting the word "Fee" after the word "License" in the heading; (ii) deleting the word "Refundment" and replacing it with the word "Refund" in the heading; (iii) inserting the phrase "only under the following circumstances:" after the words "licensee's estate" in the second line; and (iv) deleting the word "if' at the beginning of each item in the list in the second sentence. Section 15. City Code Chapter 4, renumbered Section 4.08 "Restrictions and Regulations", Subd. 1 is hereby amended by deleting C. in its entirety and replacing it with the following: C. Licensee to fail, where doubt could exist, to require adequate proof of age of a person upon licensed premises for the purpose of consuming, purchasing or procuring alcoholic beverages. Such proof of age may be established only as set forth in Minnesota Statutes Section 340A.503, Subd. 6. Section 16. City Code Chapter 4, renumbered Section 4.08 "Restrictions and Regulations", Subd. 1 J. is hereby amended by inserting the phrase ", except for the off-sale of malt liquor by a brew pub or small brewer as permitted by this Chapter" at the end of the sentence. Section 17. City Code Chapter 4, renumbered Section 4.09 "Revocation, Suspension or Fine", Subd. 2 B. is hereby amended by deleting the year"(1990)" in the second line. Section 18. City Code Chapter 4, Section 4.20 is hereby deleted in its entirety and replaced with the following: SECTION 4.20. BEER LICENSE REQUIRED. An applicant may apply for an on-sale and/or off-sale beer license required under this Chapter. Section 19. City Code Chapter 4, Section 4.21, Subd. 1 is hereby amended by: (i) deleting the phrase "under the laws of the State of Minnesota" after the phrase "religious corporation" in the second line; (ii) deleting the phrase "shall qualify" and replacing it with the phrase "may apply" in the third line; and(iii) inserting the word"required"prior to the word temporary in the third line. Section 20. City Code Chapter 4, Section 4.22 is hereby deleted in its entirety and replaced with the following: SECTION 4.22. BREWER TAPROOM AND SMALL BREWER (GROWLER) LICENSES REQUIRED. Subdivision 1. A brewer taproom may apply for a malt liquor on-sale brewer taproom license required under this Chapter. Brewer taproom licenses are subject to all conditions and restrictions contained in Minnesota Statutes § 340A.26 340A.301, Subd. 6b. Subdivision 2. A small brewer may apply for a malt liquor off-sale small brewer license required under this Chapter. Small brewer licenses are subject to all conditions and restrictions contained in Minnesota Statutes *Sections 340A.28 and 340A.285 340A.301, Subd. 6d. Section 21. City Code Chapter 4, Section 4.23 is hereby deleted in its entirety and replaced with the following: SECTION 4.23. BREW PUB ON-SALE AND OFF-SALE (GROWLER) LICENSES REQUIRED Subdivision 1. A brew pub may apply for an intoxicating liquor and/or 3.2 malt liquor on- sale brew pub license for a restaurant operated in the place of manufacture required under this Chapter. On-sale brew pub licenses are subject to all conditions and restrictions contained in Minnesota Statutes Section 340A.24 340A.301, Subd. 7, clause (b). Subdivision 2. A brew pub that holds an on-sale brew pub license may apply for a malt liquor off-sale brew pub license required under this Chapter. Off-sale brew pub licenses are subject to all conditions and restrictions contained in Minnesota Statutes Sections 340A.24 and 340A.285 340A.301, Subd. 7, clause (b). Section 22. City Code Chapter 4, Section 4.30 is hereby deleted in its entirety and replaced with the following: SECTION 4.30. LIQUOR LICENSE REQUIRED. An applicant may apply for an on-sale intoxicating liquor license required under this Chapter for a hotel, restaurant, bowling center, club, or congressionally chartered veteran's organization. Section 23. City Code Chapter 4, Section 4.31, Subd. 1 is hereby amended by: (i) deleting the phrase "The Council may issue to a" and replacing it with the word "A" at the beginning of the first sentence; (ii) inserting the phrase "may apply for" after the word "("organization")" in the first sentence; and (iii) inserting the word "required" after the phrase "temporary license" in the first sentence. Section 24. City Code Chapter 4, Section 4.32 is hereby repealed. Section 25. City Code Chapter 4, Section 4.33 is hereby repealed. Section 26. City Code Chapter 4, Section 4.40 is hereby deleted in its entirety and replaced with the following: SECTION 4.40. ON-SALE WINE LICENSE REQUIRED. Subd. 1. An applicant may apply for an on-sale wine license required under this Chapter for a restaurant which has appropriate facilities for seating not less than fifty (50) guests at one time. Subd. 2. Notwithstanding the prohibition contained in Section 4.02 hereof, the holder of an on-sale wine license who also holds an on-sale beer license may sell malt liquor containing in excess of 3.2% of alcohol by weight at on-sale without an additional license. Section 27. City Code Chapter 4, Section 4.41 is hereby repealed. Section 28. City Code Chapter 4, Section 4.50 is hereby amended by replacing the reference to "Section 4.05"in line one with a reference to "Section 4.06". Section 29. City Code Chapter 4 is hereby amended by inserting a new Section 4.71 to read as follows: SECTION 4.71.DAYS AND HOURS OF SALES. Subdivision 1. Beer/Non-Intoxicating Malt Liquor. Sale of beer/non-intoxicating malt liquor may be made only during those hours permitted by Minnesota Statutes Section 340A.504, Subd. 1. Subdivision 2. Intoxicating Liquor on-sale. On-sale of intoxicating liquor may be made only during those hours permitted by Minnesota Statutes Section 340A.504, Subd. 2. Subdivision 3. Intoxicating Liquor off-sale. Off-sale of intoxicating liquor may be made only during those hours permitted by Minnesota Statutes Section 340A.504, Subd. 4. Subdivision 4. 2 a.m. The hours during which alcoholic beverages may be sold are extended to 2:00 a.m. for licensees who obtain a permit from the Commissioner of Public Safety pursuant to Minnesota Statutes § 340A.504, subd. 7. Subdivision 5. Sunday on-sale. A Sunday on sale liquor license may be issued to bBrew pubs, taprooms, hotels, bowling centers, restaurants Brand clubs may apply for Sunday on- sale liquor licenses subject to that qualify pursuant and for the hours set forth in, to Minnesota Statutes Section 340A.504, Subd. 3. Taprooms may apply for Sunday on-sale malt liquor licenses subject tom Minnesota Statutes Section 340A.26 for the hours set forth in Minnesota Statutes Section 340A.504, Subd. 3 for other Sunday sales.30 Subd:-6b. Subdivision 6. Sunday off-sale. Brew pubs and small brewers may apply for Sunday off- sale growler licenses subject to Minnesota Statutes Chapter 340A for the hours set forth in Minnesota Statutes Section 340A.504, Subd. 3 for Sunday on-sale. Section 30. City Code Chapter 4, Section 4.90 is hereby amended by deleting the word "and" after the phrase "off-sale liquor" in the second line and inserting the phrase "on-sale and off-sale brewpub, brewer taproom, and small brewer" after the phrase "on-sale of wine" in the second and third line. Section 31. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 4.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 32. 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 , 2015, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2015. City Clerk Mayor Published in the Eden Prairie News on the day of , 2015. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. -2015 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. -2015 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 16th day of June, 2015. 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. -2015 is lengthy. B. The text of summary of Ordinance -2015, 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 -2015 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 June 16, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 1 RELATING TO REFERENCES TO STATUTES; AMENDING CITY CODE CHAPTER 4 RELATING TO TAPROOM AND GROWLER LICENSES AND ADMINISTRATIVE AND CLARIFICATION MATTERS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. -2015. 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 1.10 relating to references to Statutes;revises City Code Chapter 4 primarily relating to taprooms and growler sales but also incorporating a number of administrative type revisions for clarification of issues that the Police Department has indicated have raised questions over the years; and incorporates,by reference,City Code Chapter 1 and City Code Section 4.99, 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 COUNCIL AGENDA DATE: SECTION: Appointments June 16, 2015 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: XIII.A. Rick Getschow, Student on Commissions Appointments City Manager for the 2014-2015 School Year Requested Action Move to: • Appoint to the Conservation Commission—Rachel Buckland, Emily Corpuz and Jenna Horner • Appoint to the Flying Cloud Airport Advisory Commission—Luke Holzworth and Michael Richter • Appoint to the Heritage Preservation Commission—Natalie Higgins, Zeinab Hussen and Alexander Modeas • Appoint to the Human Rights and Diversity Commission—Tala Alfoqaha, Turner Gunderson, Sarah Mason, Tanvi Mehta, and Adrienne Retzlaff • Appoint to the Parks,Recreation, and Natural Resources Commission—Bridget Dillon, Emily Harvey, Lincoln Piper and Stefan Wenc Synopsis Applications for Students on Commissions positions were accepted from mid-April to the end of May. Seventeen applications were received this year. Commission Staff Liaisons met in early June to review and discuss the applications. The attached appointment recommendations are based on the students' stated Commission preferences and the quality of their applications. All 17 students are being recommended for appointment. An orientation session will be held in late August. Background Information In 1992, the City Council initiated a program to provide student residents in Eden Prairie with the opportunity to serve on City Commissions as non-voting members. The program has grown and changed over time to reflect modifications made to the City's Commissions, the addition of Commissions eligible for student appointments, and the desire to include more students in the program. CITY COUNCIL AGENDA DATE: SECTION: Report of Public Works Director June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 14-5877 ITEM NO.: XIV.E.1. Randy Newton Approve Plan and Specifications and Public Works/Engineering Order Advertisement for Bids for the West 70thStreet Extension Improvement Project Requested Action Move to: Adopt resolution approving plan and specifications and ordering advertisement for bids for West 70th Street Extension Improvement Project. Synopsis With the assistance of SRF Consulting Group, Inc. the Engineering Division has prepared plans and specifications for the extension of West 70th Street to Flying Cloud Drive. Construction of the project is scheduled to occur between August and October of this year. Plans for the project include a 2-lane roadway with sidewalks,bike lanes, and enhanced streetscaping. Background Information The West 70th Street Improvement project includes two segments that have been individually identified in the Capital Improvement Plan and which will result in a continuous West 70th Street roadway connection between Flying Cloud Drive and Shady Oak Road. The west segment is the extension of West 70th Street from its current terminus westerly to Flying Cloud Drive. Design of this segment is complete and construction is scheduled to occur between August and October of this year. The east segment is an upgrade and reconstruction of the existing West 70th Street roadway to match the design of the new roadway extension. The two segments of West 70th Street are divided by the proposed Southwest LRT alignment and the Golden Triangle LRT Station. Preliminary design of the entire length of West 70th Street was coordinated with the Southwest LRT design and was completed concurrent with final design of west segment. It is currently anticipated that the construction of the east segment will be scheduled to coincide with Southwest LRT construction which is expected to occur between 2017 and 2019. The West 70th Street design includes the following primary elements: • 2-lane roadway with turn lanes at its intersection with Flying Cloud Drive and Shady Oak Rd. • Median islands at the eastern and western ends of the roadway and at the LRT crossing • Wide sidewalk/trail facilities along both sides of the roadway • Bike lane accommodations along the roadway • High-Tech/Modern Streetscaping character that incudes street lighting, light columns, boulevard trees, planted medians, seating areas, and enhanced corner treatments. The specific roadway design was developed through a series of stakeholder meetings that included representatives from Liberty Property Trust, Tags Gymnastics, OneNeck, Quantum Graphics, Southwest LRT Project Office,Nine Mile Creek Watershed District, Southwest Transit and various City Divisions. In May the City was awarded a $470,000 Transit Oriented Development Grant from Hennepin County for the project. The grant provides additional funding for the project and allows for the enhanced streetscaping and multi-modal design elements to be fully incorporated into the project. Financial Implications The current project cost estimate for the West 70th Street Extension is approximately$2 million. The project will be funded through Special Assessments and the Hennepin County Transit Oriented Development Grant. A Special Assessment Agreement for the project with Liberty Property Trust was obtained as a requirement of the Liberty Plaza Developer's Agreement. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE WEST 70TH STREET EXTENSION IMPROVEMENT PROJECT I.C. 14-5877 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. 14-5877—West 70th Street Extension Improvement Project 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 Construction Bulletin 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 June 16, 2015. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk