AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, JULY 14, 2015 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Julie Klima, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS
A. ACCEPT DONATION FROM MIRACLE LEAGUE FIELD FUNDRAISING (RESOLUTION)
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, JUNE 16, 2015
B. CITY COUNCIL MEETING HELD TUESDAY, JUNE 16, 2015
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. CROSSROADS CENTER by Tim Cashin. Second reading of the Ordinance for Planned Unit Development District Review with waivers on 2.9 acres and Zoning District Amendment within the Commercial-Regional-Service zoning district on 2.9 acres and Site Plan Review on 2.9 acres. Location: 7731 Flying Cloud Drive. (Ordinance for PUD District Review with waivers and Zoning District Amendment within the C-REG-SER zoning district; Resolution for Site Plan Review on 2.9 acres)
C. APPROVE CONSTRUCTION MANAGEMENT CONTRACT WITH RJM CONSTRUCTION FOR MIRACLE LEAGUE FIELD PROJECT
CITY COUNCIL AGENDA July 14, 2015 Page 2
D. AWARD BIDS AND ASSIGN CONTRACTS TO RJM FOR THE CONSTRUCTION OF MIRACLE LEAGUE FIELD
E. AWARD CONTRACT FOR REHABILITATION OF BITUMINOUS BIKE TRAILS TO BITUMINOUS ROADWAYS, INC.
F. AWARD CONTRACT FOR BUILDING RESTORATION REPAIRS TO RESTORATION SYSTEMS, INC. FOR BASE BID AND ALTERNATE G-2
G. AWARD CONTRACT FOR REPLACEMENT OF UPPER LEVEL PUBLIC AREA CARPET IN CITY HALL TO ACOUSTICS ASSOCIATES
H. ADOPT RESOLUTION DECLARING THE CITY’S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS
I. APPROVE CONTRACT WITH ULTIMATE SOFTWARE GROUP, INC. FOR RECRUITMENT AND ONBOARDING MODULES
J. DECLARE PROPERTY AS ABANDONED
K. ADOPT RESOLUTION APPROVING AMENDMENT TO MNDOT AGREEMENT FOR SHADY OAK ROAD SOUTH
L. APPROVE AGREEMENT WITH TWIN CITIES AND WESTERN RAILROAD FOR REPLACEMENT OF VALLEY VIEW ROAD AT- GRADE CROSSING
M. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR ENGINEERING SERVICES TO RECONSTRUCT BLUFFS WEST LIFT STATION
N. ADOPT RESOLUTION APPROVING PLANS FOR TURN LANE IMPROVEMENTS ON PIONEER TRAIL AT GREEN ACRES
O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP, INC. FOR IN-CONSTRUCTION SERVICES FOR WEST 70TH STREET EXTENSION IMPROVEMENT PROJECT
P. APPROVE BUFFER MAINTENANCE AGREEMENT FOR PURGATORY CREEK BANK STABILIZATION PROJECT
Q. APPROVE PURCHASE AND EARLY ORDERING OF NEW SINGLE AXLE DUMP TRUCK WITH SNOW PLOW EQUIPMENT
CITY COUNCIL AGENDA July 14, 2015 Page 3
IX. PUBLIC HEARINGS / MEETINGS
A. SHOPS AT SOUTHWEST STATION by Venture Pass Partners, LLC. Request for Planned Unit Development Concept Review on 1.67 acres, Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service zoning district on 1.67 acres and Site Plan Review on 1.67 acres Location: 13000 Technology Drive. (Resolution for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Amendment)
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
1. Adopt Resolution to Submit Comments on the Southwest Light Rail Transit Supplemental Draft Environmental Impact Statement
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT CITY COUNCIL AGENDA DATE:
SECTION: Proclamations and Presentations July 14, 2015
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Jay Lotthammer, Director, Donation from Miracle League Field IV.A. Parks and Recreation Fundraising Group for the Construction of the Field
Requested Action
Move to: Adopt the resolution accepting the donation in the amount of $170,000 from Miracle League Field Fundraising Group for the Construction of the Field.
Synopsis
The Miracle League Fundraising Group has continued to raise funds through paver sales and naming rights. Separate action items occur later in the agenda requesting authorization to award construction contracts and enter into an agreement with RJM Construction to manage the project.
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 $170,000 to be used for the construction of the Miracle League Field from the Miracle League Field Fundraising Group is hereby recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 14th day of July, 2015.
______Nancy Tyra-Lukens, Mayor
ATTEST:
______Kathleen Porta, City Clerk ITEM NO.: VI.A.
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, JUNE 16, 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 Member Butcher Wickstrom and Heritage Preservation Commission Member Pam Spera were absent.
I. JOINT MEETING WITH THE HERITAGE PRESERVATION COMMISSION (HPC)
HPC Work Plan
HPC Staff Liaison Lori Creamer reviewed the Commission’s work plan. The Lake Riley kiosk project is expected to be finished by early fall. A legacy grant application is being prepared for completion of the interpretive signage project at Riley Lake Park and farmstead, and the City received a grant from the Eden Prairie Community Foundation in April. The Commission is completing site nomination work for the Dorenkemper House. The Smith- Douglas-More House is in need of a new roof, and staff is preparing a grant application for that work. Glen Lake Children’s Camp is preparing plans for a two-story structure to provide sensory activities for children with disabilities. Steve Olson is helping to identify any items that may be of concern to the HPC. Commissioners Paul Thorp and Olson are also helping to update the City’s heritage resource inventory.
City Center Historic Photo Project Proposal
Commissioner Cindy Evert presented a proposal for a City Center exhibit of historic photos that will pay tribute to the past and bring history to life. Evert noted that she is a professional designer but she has designed the proposed exhibit as part of her unpaid work as a member of the HPC.
The proposal includes two phases. Phase 1 of the project would be in the open atrium area of City Center. Soffits that surround the open area are currently covered with wallpaper. The wallpaper would be removed and replaced with prairie grass lightly screened on the soffits. Acrylic panels with historic images approximately 3’ x 3’ to 3’ x 4’ would be “pucked out” from the walls. Vinyl lettering identifying the images can be added.
The cost estimate for Phase 1 includes: • Removal of wallpaper and prep walls - $4,620 City Council Workshop Minutes June 16, 2015 Page 2
• Branded wallpaper and 3-D images - Digitally printed wall murals - $8,712 - Cut vinyl - $5,960 - 20 raised panels - $11,100 - Graphic design work - $2,500 - Informational kiosks - $1,000
Phase 2 would utilize blank wall space near the engineering department. This exhibit would consist of moveable two-sided flip panels with historic photos and information.
The cost estimate for Phase 2 includes: • Flip panel display 74.35” wide wall - (7) 21x60 double sided panels - $5,850 • Flip panel display on 144” wide wall - (15) 21x60 double sided panels - $11,200 • Graphic design estimate - $2,000-$3,000
Possible funding sources are sale of books (historical and cultural fund current balance is ($8,300), Facilities budget contribution, legacy grant funds or project partners.
Mayor Tyra-Lukens suggested seeking out historic photos from local businesses and organizations that may be willing to help fund the displays. She likes the project and the design. Nelson also likes the proposal. She suggested forgoing the prairie grass background if the project proves too costly.
Case was strongly supportive of the project. He said the cost is relatively low while the benefits are huge. He encouraged the HPC to seek out grants to help cover the cost. Aho said he also likes the project, and encouraged the commission to seek out organizations interested in participating.
II. SWLRT UPDATE
Ellis said the SWLRT Corridor Management Committee has been tasked with identifying cost reductions totaling $314M. The sacrifices are to be shared by all of the communities, and proposed changes must have forecasted weekday ridership of 30,000 to 3,000.
Some of the changes under consideration are: Operational and miscellaneous changes ($66M - $75M) Landscaping, art, furnishings ($16M - $18M) Reduce park and rides to 2020 demand ($17M - $21M) Delete all park and rides ($57M - $65M) Delete some stations ($44M - $51M) Modify end of line o Golden Triangle ($375M - $380M) City Council Workshop Minutes June 16, 2015 Page 3
o Town Center Modified ($230M - $235M) o Town Center per PE Plan ($190M - $195M) o Southwest Station ($120M - $125M)
Ellis said the PE Plan shows an option with the end of the line at Town Center/Brunswick. This option would save $190M to $195M, but is questionable as a shared sacrifice. Case said parking at this location would be extremely problematic. Jeremiah said the thinking is that people who need to park would drive to the Golden Triangle Station, and that the Town Center Station would be a walk-to station. Nelson said the Golden Triangle is an island between freeways and it is already difficult to get in and out of.
Jeremiah said the project office has identified approximately 100 on-street parking spaces in near the proposed Town Center Station. Tyra-Lukens said that kind of street parking does not seem feasible. Nelson said that park and hide will be a huge problem. Jeremiah said staff is aware of all of these concerns and is pushing for Southwest Station, which can accommodate more parking.
Ellis noted that the Modified Town Center proposal involves an alignment that cannot be extended to the west. He feels this is almost a deal breaker. Tyra-Lukens noted that this proposed station location includes less housing and less employment in the half-mile walkshed.
Ellis said there is also a Modified Modified Town Center Station proposal, which ends in the vicinity of Redstone. The half-mile walkshed for this station includes even less workforce than the PE plan as well as less housing. Nelson noted that people would have to cross major highways to get to the station, which seems unlikely.
Ellis said ending the line at Southwest Station comes close to achieving the cost reduction goal, but does not achieve the ridership goal. Ellis said staff feels Southwest Station is the best long term solution for the region, since it would be a true multi-modal station and it would include the Optum campus in the walkshed.
Ellis asked Council for input on what they think is the best end of line station if Southwest Station is rules out as an option. Aho said Town Center without additional parking does not make send. He feels the end of the line should be either Golden Triangle or Southwest Station.
Case said some Town Center options look viable, with the exception of parking. Losing Redstone would be huge. Nelson agreed with the parking piece. She said she cannot see losing all of the park and rides along the line. Tyra-Lukens said she would hate to see Redstone taken out.
III. OPEN PODIUM
A. SWLRT - Jeff Strate
B. KRISTIE LANE HOUSE – Thomas Klein
City Council Workshop Minutes June 16, 2015 Page 4
Klein said he and his neighbors are concerned that ownership of the home may be in question. He wants to see the work on the home completed, so the home can be put up for sale.
IV. ADJOURNMENT ITEM NO.: VI.B.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, JUNE 16, 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
I. CALL THE MEETING TO ORDER
Mayor Tyra-Lukens called the meeting to order at 7:00 PM. Council Member Butcher Wickstrom was absent.
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS
A. CERT CSU RECOGNITION
Assistant Chief Rik Berkbigler gave an overview of the Community Emergency Response Team Community Service Unit (CERT CSU) program. He noted the Community Service Unit program was just started this year. They enlisted 17 members from the community of different cultures to serve on the CSU. The enlistees completed a six week training program for the CERT CSU program. He reviewed the roles played by the CERT and by the CSU program members.
Tyra-Lukens thanked all of the volunteers and said she was excited to see this one-of-a-kind program. She asked if there will be a way to let other communities know about the program because she has had inquiries from other community leaders. Assistant Chief Berkbigler said they have already started to do that.
B. TOUR DE TONKA UPDATE
Jenny Bodurka, representing the City of Minnetonka Community Education, gave a PowerPoint presentation about the 2015 Tour de Tonka event and a review of the 2014 event. She noted this is the tenth anniversary for the event. In 2014 there were 3000 riders who took part in the event which offers various distances as CITY COUNCIL MINUTES June 16, 2015 Page 2 options on routes that travel through many surrounding communities. They partner with the ICA food shelf for the event.
C. DONATIONS
1. Donation from Clare Bridge (Resolution No. 2015-55)
Lotthammer said this is a donation of $250 from Clare Bridge to be used for the 2015 Senior Housing Tour and the Fall Lunch event.
MOTION: Nelson moved, seconded by Aho, to adopt Resolution No. 2015-55 accepting the donation in the amount of $250 from Clare Bridge to be used toward 2015 Senior Housing Tour and Fall Lunch event. Motion carried 4-0.
2. Donation from Lions Tap (Resolution No. 2015-56)
Lotthammer said the Lions Tap is donating a total of $1,400 to be used for 13 of our 2015 Special Events.
MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2015-56 accepting donations in the amount of $1,400 from Lions Tap to be used towards 2015 Special Events. Motion carried 4-0.
3. Donation from Miracle Ear (Resolution No. 2015-57)
Lotthammer said this is a donation of $500 from Miracle Ear to be used towards the 2015 Senior Awareness Dinner and Holiday Lunch.
MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2015- 58 accepting the donation in the amount of $500 from Miracle Ear to be used towards the 2015 Senior Awareness Dinner and Holiday Lunch. Motion carried 4-0.
4. Donations for July 3 & 4 (Resolution No. 2015-58)
Lotthammer said these are donations totaling $2,150 from several Eden Prairie businesses for the Hometown Celebration on July 3 and 4.
MOTION: Nelson moved, seconded by Aho, to adopt Resolution No. 2015-58 accepting the donations towards the Hometown Celebration on July 3rd and 4th in the amount of $2,150 from various Eden Prairie businesses. Motion carried 4-0.
5. Donation of Free Little Libraries (Resolution No. 2015-59)
Lotthammer said representatives of Girl Scout Troop 14286 are here tonight to present their donation of four Free Little Libraries. He said the girls planned how to complete the project and also worked with senior CITY COUNCIL MINUTES June 16, 2015 Page 3 volunteers at the Senior Center to build the boxes. He noted the books will be incorporated into the summer camps and playground programs that will be held in the neighborhood parks where the libraries will be located.
Larissa Judt, troop leader, described the Free Little Library program and thanked the Parks & Recreation Department for their help with the project and the seniors who helped build the boxes for the libraries. Several members of the troop described what they learned from the project.
Tyra-Lukens asked if the books available in these boxes will be focused on children's books. Lotthammer said that was correct.
Tyra-Lukens noted this project and the CERT/CSU volunteer program are good examples of how our residents come together in community here in Eden Prairie. She noted Eden Prairie recently received two awards that included recognition for our community involvement: the niche.com award which put Eden Prairie in the top 30 communities in which to live in the United States; and the Star Tribune list of best places to work in Minnesota where Eden Prairie received recognition as one of the top 150 workplaces in the State.
MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2015-59 accepting the donation of Little Free Libraries from Girl Scout Troop 14286. Motion carried 4-0.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Getschow added Item VIII.Q. distributed on goldenrod paper.
MOTION: Case moved, seconded by Nelson, to approve the agenda as amended. Motion carried 4-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, MAY 19, 2015
MOTION: Nelson moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, May 19, 2015, as published. Motion carried 3-0-1, with Case abstaining.
B. CITY COUNCIL MEETING HELD TUESDAY, MAY 19, 2015
MOTION: Aho moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, May 19, 2015, as published. Motion carried 4-0.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
CITY COUNCIL MINUTES June 16, 2015 Page 4 A. CLERK’S LICENSE LIST
B. APPROVE SECOND READING OF ORDINANCE NO. 7-2015 AMENDING CITY CODE SECTION 11.55 RELATING TO LAND ALTERATION, TREE PRESERVATION AND STORMWATER MANAGEMENT, AND ADOPT RESOLUTION NO. 2015-60 APPROVING PUBLICATION OF SUMMARY ORDINANCE
C. ADOPT RESOLUTION NO. 2015-61 APPROVING FINAL PLAT OF BLOSSOM HILL (WAGNER PROPERTY)
D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH RES SPECIALTY PYROTECHNICS TO PROVIDE FIREWORKS AT THE 4TH 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 NO. 2015-62 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 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
CITY COUNCIL MINUTES June 16, 2015 Page 5 O. APPROVE QUOTE FOR LOGIS TO REPLACE NETWORK EQUIPMENT AT THE COMMUNITY CENTER
P. DECLARE OBSOLETE EQUIPMENT AS SURPLUS AND AUTHORIZE CITY MANAGER TO DISPOSE OF PROPERTY
Q. ADOPT RESOLUTION NO. 2015-66 AUTHORIZING SIGNING AUTHORITY ALLOWING ACCESS TO MINNESOTA GOVERNMENT ACCESS (MGA) ACCOUNTS FOR ELECTRONIC COURT RECORDS AND DOCUMENTS
MOTION: Nelson moved, seconded by Case, to approve Items A-Q on the Consent Calendar. Motion carried 4-0.
IX. PUBLIC HEARINGS / MEETINGS
A. RESOLUTION NO. 2015-63 APPROVING ISSUANCE BY CITY OF DEEPHAVEN, MINNESOTA, OF ITS CHARTER SCHOOL LEASE REVENUE BONDS, SERIES 2015A AND SERIES 2015B (EAGLE RIDGE ACADEMY PROJECT)
Getschow said 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. Because the project is located in Eden Prairie, Federal regulations require the City hold a public hearing and to pass a resolution approving the issuance of bonds.
There were no comments from the audience.
MOTION: Case moved, seconded by Aho, to close the public hearing, and to adopt Resolution No. 2015-63 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). Motion carried 4-0.
B. APPROVE DRAFT LOCAL WATER MANAGEMENT PLAN AND APPROVE SUBMITTAL
Getschow said the Local Water Management Plan (LWMP) has been updated to meet the requirements of the water management plan updates that were completed by the three local watershed districts. Ellis gave a PowerPoint summary of the draft LWMP. He said the plan is the major planning document for all of the water resources in Eden Prairie, therefore it is unique to Eden Prairie. He described the regulatory framework for the water management which included City ordinances, the Metropolitan Council, the MPCA, the Minnesota Department of Health, the DNR, and the three watershed districts CITY COUNCIL MINUTES June 16, 2015 Page 6 within the City of Eden Prairie. He reviewed in detail the goals and policies established by the plan. He also reviewed the implementation plan and the capital improvement and funding plan incorporated into the document. The plan includes the water resources inventory and an assessment of problems, issues and regulatory requirements. He said the City will fund the implementation plan primarily from the Stormwater Utility fees, along with some funding from the watershed districts and other sources. He noted the City has been very successful in getting substantial grant funding to supplement other funds, and we plan to continue to apply for other grants.
Ellis said the plan recommends the City adopt ordinances identifying us as the permitting agency for the rules which would include the variance process. That would enable the City to continue to be the "one-stop shop" for those projects that need permits and variances. Taking on this responsibility aligns with our customer- focused model and is within the suite of services we provide. It fits very well within our organization. There may be additional resources needed to do the review of permits and inspections, but that would be funded primarily by permit revenue and the stormwater fund. He reviewed the next steps in the process which include taking public comment tonight and adopting the plan and submitting it to the Watershed Districts and to the Metropolitan Council. If the plan is approved by them, we would implement it. If it is denied, then we would weigh the alternatives and consider the comments made by the other governmental bodies. He noted the plan was presented to the Conservation Commission and their feedback was incorporated into the draft document.
Case asked what would happen if one of the watershed districts denied approval but the other two approved it. Ellis replied we would probably go back to the table and talk it out, depending on the nature of the comments made about the denial. The plan must be approved by all three watershed districts as well as the Met Council.
Aho asked what authority the three watershed districts have to approve the plan. Ellis said State statute requires they either approve or deny the plan and must provide comments on what should be changed if they deny it.
Aho asked how much change to our plan was made in order to accommodate the changes in Riley Purgatory Bluff Creek Watershed District's (RPBCWD) plan. Ellis said a lot of the RPBCWD changes were related to water quality for new development and redevelopment. Aho asked if there were any changes included in their plan that would impact the authority of the City to be the rule making body for permitting. Ellis said the City would not be able to change the rules adopted by the RPBCWD. We would only review and assure compliance to their plan. Aho said his understanding was that we, as a City, have the right to manage the process and to be the authority in permitting as long as we have a qualified water management plan. Ellis responded we lose the ability if we do not have a qualified plan. The watershed district's amendment of their plan starts a clock for all cities to update their own plans to be in compliance. We found out that our plan was not in compliance on a technicality and that took away our grace period. Aho said that means the RPBCWD plan supersedes because we have exceeded the grace period. Ellis said that was true. Aho said that was very disappointing to him. CITY COUNCIL MINUTES June 16, 2015 Page 7
Nelson agreed and noted the Council had been told way some time ago that we had a qualified plan. She hoped we would take steps not to let that happen again.
Bob Adomaitis, representing the Southwest Metro Lake Association, congratulated staff on development of the LWMP. He supported the City's decision that no new Memoranda of Understanding nor no new Joint Powers agreements are anticipated. Having one set of rules allows consistency of regulation across all parts of the City. He would like to clarify whether the watershed districts' rules for land alteration are adopted in entirety or only where gaps exist.
Ellis said this plan provides guidance for not implementing a rule if doing so would be so egregious it doesn't make any sense. It is a way to say the intent of the rule is good, but it is not practical to carry it out. He said we went through a process to get to this point. One year ago the RPBCWD started the process, and there have been a number of resolutions from the City that were forwarded to them. At the end of 2014 they approved their rules. There is a grace period where, if we have an approved water management plan, those rules don't apply. After the fact we found out there was an amendment to the RPBCWD plan two years ago that required us to amend our plan. We didn't notify the State we believed our plan was in compliance, so we lost the two-year grace period because our plan was not submitted.
Rosow said his memo to the City Council in 2014 set out the provision of State statute that states a watershed district within the metropolitan area may directly regulate use of land in the watershed by adopting rules. They may do that only if: 1) the local government does not have a properly approved and adopted local water management plan or has not adopted the implementation program described in the plan; or 2) an application to a local government for a permit to use or develop land requires amendment to or a variance from a local water management plan or the implementation plan of the city; or 3) the local government has authorized the watershed district to issue permits for land use and development. So as long as we have an approved plan and an approved implementation plan and so long as a request does not require a variance from the approved plan or the implementation plan, we have the authority to enforce our rules and the watershed district does not have the authority to regulate the use and development of land. The difficulty is that the watershed district gets to decide whether our LWMP plan and our implementation plan are in conformance with their water management plan. Our LWMP speaks very specifically about goals and objectives, and the implementation plan sets out what we will implement and how we will finance it. If we approve this plan and send it on for approval, we will need to start working on any amendments to our ordinances needed to be in conformance with the RPBCWD plan because of the short timeline. Case said we understood if we had rules our rules would supersede. But now we hear we don't get any control over the rules and can only implement. Rosow replied we have been consistent that they get to enforce their rules only if we don't have an approved LWMP. The difficulty is that there will probably be an argument over the issuance of variances. He noted the City has asked for his opinion about that, and his opinion is that, so long as our LWMP is consistent with theirs and so long as we have a LWMP and an implementation plan and a process for issuing variances, we CITY COUNCIL MINUTES June 16, 2015 Page 8 are able to issue variances. It may be an area subject to negotiation, but the City has the experience in handling land management so we believe we should be the ones to do that.
Case asked about how other communities and other watershed districts are dealing with this. Rosow said some of the other watershed districts are enforcing their rules and the cities are allowing them to issue permits.
Getschow said with the understanding that a watershed district has the ability to issue rules, the City Council adopted 35 comments a year ago. At the end of 2014 when RPBCWD adopted their rules, there were some outstanding issues from the City's perspective. He asked Mr. Ellis to comment on those. Ellis said the City started out with a number of comments as did other cities. The RPBCWD made some significant changes to their proposed rules. There were 7-10 comments we felt still needed to be adjusted, but the rules were adopted as is. He believed the rules that were adopted are much better than those they started with.
Nelson asked if our plan has to go with the rules that are the most restrictive for the entire City. Ellis said that was correct and our goal was to have uniformity between Riley Purgatory Watershed District and Nine Mile Creek Watershed District plans. The Lower Minnesota Watershed District has very few restriction while the rules for the RPBCWD are the most restrictive. Nelson asked if our plan would have different provisions depending on where the resident lives. Ellis said the Riley Purgatory rules would apply in that jurisdiction and Nine Mile's rules would apply in their jurisdiction. That is nothing new. Our goal was to try to provide some consistency, but we were not successful in doing that.
Mr. Adomaitis asked at what point in time in the process did staff become aware we did not have an approved plan. Rosow said it was discovered shortly before the March City Council meeting. At that time we discovered we did not have a plan that was in conformance because there was no grace period. We thought we had several months left in the grace period but that was not the case. Getschow noted there have been three or four projects that have come through where the applicants are going to the Watershed District because we learned we could not process those applications.
John Tyler, 17574 Belfast Cove, said there is different language and different interpretation in the water management issue and noted State statutes 103B and 103D would apply. Last September the Southwest Metro Lake Coalition asked for a legal opinion from the City of Eden Prairie on the difference between 103B and 103D. The question is what is the governing statute for the issue. The Minnesota Supreme Court said the city ordinances did suffice as a water management plan, and he asked for a written legal opinion on that. Grace period or not, we have City ordinances in place.
Case said sections 103B and 103D are very similar and asked if there is a reason to look at the two statutes. Rosow said his September 2014 opinion that was included in the City Council's meeting packet gave his opinion on that. The Council packet is available to the public. As part of the research for that opinion, staff spent a lot of CITY COUNCIL MINUTES June 16, 2015 Page 9 time reviewing 103B and 103D and trying to understand the purposes and the differences between them. He understood the point of view Mr. Tyler is presenting but he disagreed with it. He also disagreed with what he heard about the Nine Mile Creek Watershed District case. He reviewed that case and determined it was decided the watershed district did not take the property of the owner and decided the City could and was authorized to specially assess the property. The other case presented in the recent memo he received from Council Member Aho was a reference to the Pawlenty case when there was a non-allotment of funds, and the Minnesota Supreme Court said the government could not non-allot funds in the manner in which it was done. That opinion does not address watershed districts. His analysis of 103B and 103D leads him to believe the reference in the statute that refers back to the powers is the appropriate interpretation. There is no court case that has decided this, but you need to give construction to a rule that makes sense and that does not entirely do away with a provision the legislature has adopted. He believed the most reasonable interpretation of the statute is the one he gave tonight- -that the watershed districts have authority to regulate land use if one of the three conditions he outlined occurs.
Case said it seemed that we are retaining significant power to issue variances. We are in a better position to issue variances because we know our city and know the variance structure. He would like to think we would do all we could to continue to preserve that right in the variance process.
Rosow suggested an addition to the language of the draft LWMP in Section 6.4 that would add a new category called "Implementation Plan" to the table at the end of the section:
Category: Implementation Plan
Identified Problems & Issues: Proceed with Implementation Plan, amend city code, including city issuances of permits and authority to grant and deny variance request.
Identified Solutions: City Council action to adopt Amendments to city code including a process consistent with Watershed District Plan for City to issue permits and to grant and deny variance requests
Aho asked if our only remedy is to go to court if we add that language and the Watershed District comes back and says they want to continue to approve variances. Rosow said there are other areas in the LWMP where we refer to the granting of variances, but this language would reiterate it at the end of the document. If they disagree, then a District Court action is the most likely forum. He believed we could also appeal to the Minnesota Board of Water and Soil Resources, but they would probably stand behind their watershed district and would not be an impartial forum.
CITY COUNCIL MINUTES June 16, 2015 Page 10 Nelson said we talked about recreational use of lakes being important, and at previous meetings with the RPBCWD it was their sense it was water quality that mattered and they did not consider recreational use a piece of that. She asked if there is any way we can try to enforce maintenance of both water clarity and recreational use of lakes. Ellis replied one of our goals and policies in the LWMP was to address that balance of water quality and recreational use. He believed our plan successfully addresses that issue. We have an argument that recreation is just as important, and our plan sets that out as a goal. Nelson said both of them are important.
Aho said he missed the fact that we did not have a qualified plan and thought we had two years from the time the Watershed District adopted their rules. To him, it sounds like we are at the point where we don't have any time and are beyond our grace period. He didn't think we can afford to delay the process.
MOTION: Case moved, seconded by Aho, to close the public meeting; to adopt the Draft Local Water Management Plan; to 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; and to incorporate into the plan the comments made by City Attorney regarding Page 6.4 of the plan. Motion carried 4-0.
X. PAYMENT OF CLAIMS
MOTION: Nelson moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Case, Nelson and Tyra- Lukens voting “aye.”
XI. ORDINANCES AND RESOLUTIONS
A. APPROVE FIRST AND SECOND READINGS OF ORDINANCE NO. 8-2015 AMENDING CITY CODE CHAPTER 4 RELATING TO TAP ROOMS, GROWLER LICENSES AND ADMINISTRATIVE CLARIFICATIONS AND ADOPT RESOLUTION NO. 2015-64 APPROVING PUBLICATION OF SUMMARY ORDINANCE
Getschow noted there was quite a bit of discussion at the May 4 Council meeting about several changes we planned to make to align our code with State code and how we weight the rules related to the ratio of food to liquor sales for our restaurants that serve liquor. The main conversation piece was related to taprooms and growler sales. The consensus at the meeting was that introducing tap rooms into Eden Prairie was a positive issue but there were some concerns about food. Since that discussion, we have learned that food is not allowed to be made or sold in a tap room in Hennepin County; however, people can bring in food to the taproom. If a tap room is serving food, then it is classified as a brew pub. The other issue concerned the sale of growlers. We have researched that issue and learned that most tap rooms do rely on the sale of growlers. In checking with all other municipal liquor operations in the metropolitan area, five or six of them also have tap rooms in operation. Those municipalities do not have concerns about the sale of growlers nor CITY COUNCIL MINUTES June 16, 2015 Page 11 has the sale of growlers had an effect on the municipal liquor operations.
Tyra-Lukens noted this issue was discussed at length at our last meeting.
MOTION: Aho moved, seconded by Case, 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 to approve the second reading of Ordinance No. 8-2015 amending City Code Chapter 4 relating to taprooms and growler licenses and administrative clarifications; and to approve the summary ordinance and Resolution No. 2015-64 for publication. Motion carried 4-0.
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
A. STUDENTS ON COMMISSIONS
MOTION: Nelson moved to appoint to the Conservation Commission: Rachel Buckland, Emily Corpuz and Jenna Horner; and Case moved to appoint to the Flying Cloud Airport Advisory Commission: Luke Holzworth and Michael Richter; and Aho moved to appoint to the Heritage Preservation Commission: Natalie Higgins, Zeinab Hussen and Alexander Modeas; and Tyra-Lukens moved to appoint to the Human Rights and Diversity Commission: Tala Alfoqaha, Turner Gunderson, Sarah Mason, Tanvi Mehta, and Adrienne Retzlaff; and Nelson moved to appoint to the Parks, Recreation, and Natural Resources Commission: Bridget Dillon, Emily Harvey, Lincoln Piper and Stefan Wenc. Motion seconded by Case. Motion carried 4-0.
Tyra-Lukens noted the applications for Students on Commissions positions were accepted from mid-April to the end of May. An orientation session will be held in August.
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 No. 2015-65 Approving Plans and Specifications and Order Advertisement for Bids for the West 70th Street Extension Improvement Project
CITY COUNCIL MINUTES June 16, 2015 Page 12 John Newton, Assistant City Engineer, gave a PowerPoint presentation about the proposed West 70th Street Extension improvement project. He said the Engineering Division has prepared plans and specifications for the extension of West 70th Street to Flying Cloud Drive with the assistance of SRF Consulting Group, Inc. 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. 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.
Newton described the process used to involve the stakeholders in the design of the roadway. An open house was held in December, 2014. He described the project components and reviewed the layout. He reviewed the project costs and funding mechanisms, noting in May the City was awarded a $470,000 Transit Oriented Development (TOD) grant from Hennepin County that will allow enhanced streetscaping, lighting and multi-modal design elements to be incorporated into the project.
Nelson asked if the lighting will be LED lighting. Newton replied we specifically requested LED lighting be included in the bids.
Aho noted there is a need for this extension if the SWLRT goes in that area, but is not needed should the SWLRT not be constructed. Newton said one of the issues is that it is a large area with not many streets that connect through the area. This extension would offer multiple choices to get through the Golden Triangle area.
Tyra-Lukens asked if the County TOD grant has a timeline. Newton said the timeline sunsets in 2017. We would expect to apply as much money from the grant as we can to the first segment, but we might have to ask for some extension on the money if there is any left over.
MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2015-65 approving plan and specifications and ordering advertisement for bids for West 70th Street Extension Improvement Project. Motion carried 4-0.
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS CITY COUNCIL MINUTES June 16, 2015 Page 13
XVI. ADJOURNMENT
MOTION: Case moved, seconded by Nelson, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 9:01 PM.
CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 14, 2015
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Christy Weigel, Clerk’s License Application List VIII.A. 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
Temporary Liquor Organization: Church of Pax Christi Event: Pastor’s 70th Birthday Party Date: August 15, 2015 Place: Pax Christi – parking lot & gymnasium 12100 Pioneer Trail
- 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda 07/14/15
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Crossroads Center VIII. B. Janet Jeremiah/Julie Klima
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial-Regional-Services Zoning District on 2.9 acres; and • Approve Resolution for Site Plan Review on 2.9 acres; and • Approve the Development Agreement for Crossroads Center.
Synopsis
This is final approval of the development agreement and plans for an exterior remodel and landscaping improvements.
The 120-Day Review Period Expires on September 10, 2015.
Attachments
1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement CROSSROADS CENTER
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 9-2015-PUD-4-2015
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be amended within the Commercial Regional Services Zoning District 9-2015-PUD-4-2015 (hereinafter "PUD-9- 2015-4).
Section 3. The City Council hereby makes the following findings:
A. PUD-9-2015-4 is not in conflict with the goals of the Comprehensive Guide Plan of the City.
B. PUD-9-2015-4 is designed in such a manner to form a desirable and unified environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-9-2015-4 are justified by the design of the development described therein.
D. PUD-9-2015-4 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit.
Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of July 14, 2015, entered into between Crossroads Center of 212 Limited Partnership and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-9-2015-4, and are hereby made a part hereof.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Regional-Commercial-Services District and shall be included hereafter in the Planned Unit Development 9-2015-4, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of May 2015, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 14th day of July, 2015.
ATTEST:
______Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on______, 2015.
EXHIBIT A
PUD Legal Description –
Lot1, Block 1, Crossroads Center
CROSSROADS CENTER
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 9-2015-PUD-4-2015
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows amendment of the zoning of land located at 7731 Flying Cloud Drive within the Commercial-Regional-Services Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
______Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on ______, 2015.
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2015-____
A RESOLUTION GRANTING SITE PLAN APPROVAL FOR CROSSROADS CENTER
WHEREAS, Crossroads Center of 212 Limited Partnership has applied for Site Plan approval to construct an exterior remodel and landscaping improvements, by an Ordinance approved by the City Council on July 14, 2015; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at its April 13, 2015 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its May 5, 2015 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Crossroads Center based on the Development Agreement between Crossroads Center of 212 Limited Partnership and the City of Eden Prairie, reviewed and approved by the City Council on July 14, 2015.
ADOPTED by the City Council of the City of Eden Prairie this 14th day of July, 2015.
______Nancy Tyra-Lukens, Mayor
ATTEST:
______Kathleen Porta, City Clerk
DEVELOPMENT AGREEMENT
CROSSROADS CENTER
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of June 16, 2015, by Crossroads Center of 212 Limited Partnership, a Minnesota limited partnership, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City”:
WITNESSETH:
WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 2.9 acres, Planned Unit Development District Review with waivers on 2.9 acres, Zoning District Amendment within the Commercial Regional Services Zoning District on 2.9 acres, and Site Plan Review on 2.9 acres, legally described on Exhibit A, attached hereto and incorporated herein (the “Property”);
WHEREAS, Developer and City enter into this Development Agreement to set forth terms and conditions of the requested approvals.
NOW, THEREFORE, in consideration of the City adopting Resolution No. 2015-__ for Planned Unit Development Concept Review, Ordinance No. __-2015-PUD-_-2015 for Planned Unit Development District Review and Zoning District Review within the Commercial Regional Services Zoning District on 2.9 acres, and Resolution No. 2015-__ for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: Crossroads Center Development Agreement July 14, 2015
1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated March 10, 2015, reviewed and approved by the City Council on May 5, 2015, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein.
2. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Property, construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing, unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee.
3. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City.
4. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C.
5. EXTERIOR MATERIALS: Prior to issuance of a building permit for the Property, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the building on the Property.
Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and color plan in accordance with the terms and conditions of Exhibit C, attached hereto.
6. LANDSCAPE PLAN: Prior to issuance of a building permit for the Property, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 150% of the cost of said improvements as required by City Code. Crossroads Center Development Agreement July 14, 2015
Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C.
7. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property.
If, after completion of installation of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the installed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reinstall the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures.
8. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines.
9. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the Commercial Regional Service Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD 17-2012-PUD-9-2013:
1. Construction materials consisting of 46.1% EIFS and 53.6% brick and glass on the north elevation of the building. City Code requires 75% face brick, natural stone, glass, cast stone, cultured stone, architectural precast or precast concrete panel with exposed aggregate.
10. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, Crossroads Center Development Agreement July 14, 2015
and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a.
11. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the trash enclosures depicted on the Plans.
12. TRASH ENCLOSURE: The trash enclosure shall be constructed of materials and located consistent with the Exhibit B plans. Developer shall complete installation of the trash enclosure prior to issuance of any occupancy permit for the Property.
13. REAFFIRMING CONDITIONS OF DEVELOPMENT AGREEMENT: Developer agrees to all of the terms, conditions and obligations of "Developer" under the Development Agreement dated October 30, 1985, except as inconsistent with or amended by this Supplement.
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid.
[signatures on following pages]
Crossroads Center Development Agreement July 14, 2015
CITY OF EDEN PRAIRIE
By______Nancy Tyra-Lukens Its Mayor
By______Rick Getschow Its City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ______, 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
Crossroads Center Development Agreement July 14, 2015
CROSSROADS CENTER OF 212 LIMITED PARTNERSHIP
By ______Timothy E. Cashin
Its ______Chief Manager of Cashin LLC, General Partner of Crossroads Center 212 Limited Partnership
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ______, 2015, by Timothy E. Cashin, Chief Manager of Cashin, LLC, a Minnesota limited liability company and general partner of Crossroads Center of 212 Limited Partnership, a Minnesota limited partnership on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344
Crossroads Center Development Agreement July 14, 2015
EXHIBIT A
DEVELOPMENT AGREEMENT – CROSSROADS CENTER
Legal Description
Lot1, Block 1 Crossroads Center, Eden Prairie, Hennepin County, Minnesota
Crossroads Center Development Agreement July 14, 2015
EXHIBIT B
DEVELOPMENT AGREEMENT – CROSSROADS CENTER
Landscape Concept Plan Overall L1.0 dated 1/29/2015 by DJR Architecture, Inc. Landscape Concept Plan Enlargement L1.1 dated 9/10/2014 by DJR Architecture, Inc. Landscape Concept Plan Enlargement L1.2 dated 9/10/2014 by DJR Architecture, Inc. Elevations A200 dated 2/2/15 by DJR Architecture, Inc. Elevations A201 dated 6/25/14 by DJR Architecture, Inc. Elevations A202 dated 6/25/2014 by DJR Architecture, Inc. Site Plan dated 3/9/15 by DJR Architecture, Inc. Rendering dated 3/9/15 by DJR Architecture, Inc.
Crossroads Center Development Agreement July 14, 2015
EXHIBIT C DEVELOPMENT AGREEMENT – Crossroads Center
I. Prior to release of any building permit for the Property, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. (Not applicable)
II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District.
III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. (Not applicable)
IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City’s reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved.
V. Provisions of this Agreement shall be binding upon and enforceable against the Property, the Developer, the Owners, and their respective successors and assigns of the Property.
VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof.
VII. Developer represents that it has marketable fee title to the Property, except:
With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance:
A. That Developer has marketable fee title free and clear of all mortgages, liens, and Crossroads Center Development Agreement July 14, 2015
other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title.
B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances");
C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances.
D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives.
VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances.
IX. Prior to the issuance of land alteration permit for the Property, Developer shall pay to City fees for the first three (3) years’ street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. (Not applicable)
X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. (Not applicable)
XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, Crossroads Center Development Agreement July 14, 2015
condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy.
XII. Developer shall, prior to the commencement of any improvements on the Property, provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343.
XIII. Prior to issuance of a building permit for the Property, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units.
XIV. Prior to issuance of a building permit for the Property, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. (Not applicable)
XV. Prior to issuance of a building permit for the Property, Developer shall provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines.
XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer.
XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City.
XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 ½ by 6 inch sign or decal reading “Scenic/Conservation Easement Boundary, City of Eden Prairie”, will be affixed to the top of the post.
Crossroads Center Development Agreement July 14, 2015
XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and / or Registrar of Titles. No land alteration or building permits for the Property shall be issued until proof of filing of the Development Agreement is submitted to the City.
XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer’s obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the “Security”) is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so.
The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys’ fee, incurred by the City in enforcing this Agreement.
XXI. The Developer hereby grants the City, it’s agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement.
XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto.
XXIII. Except as specifically authorized by the Director of Public Works, no permit shall be issued for the Property until the Developer has recorded the Development Agreement with Hennepin County Recorder's Office/Registrar of Titles' Office.
Crossroads Center Development Agreement July 14, 2015
CONSENT AND SUBORDINATION
The undersigned, owner of that certain Mortgage dated the _____ day of ____, ______recorded in the office of the County Recorder in and for the County of Hennepin, State of Minnesota, on the ____ day of ______, 20__ as Document No. ______covering the Property described on Exhibit A hereto, for valuable consideration, does hereby consent to the and subordinates it interest in the Property to that certain Development Agreement, to which this Consent and Subordination is attached, dated ______, 20__ by ______to the City of ______.
ANCHOR BANK, N.A. (as successor-in- interest to Voyager Bank)
By:
Its:
STATE OF MINNESOTA ) ) ss. COUNTY OF ______)
On the ______day of ______, 20__, before me personally came ______, to me known, who being duly sworn by me stated that he/she is the ______of the said Anchor Bank, N.A. and that he/she is duly authorized to execute the foregoing instrument.
______Notary Public
Crossroads Center Development Agreement July 14, 2015
CITY COUNCIL AGENDA DATE:
SECTION: Consent July 14, 2015
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Jay Lotthammer, Director, Award Construction Management Contract VIII.C. Parks and Recreation to RJM Construction for the Miracle League Field Project
Requested Action
Move to: Award Construction Management Contract to RJM Construction for the Miracle League Field Project.
Synopsis
RJM Construction has offered to donate their time to manage the project under a Construction Management Agreement. This method of construction management is identical to the Aquatics Expansion Project.
Attachment
Construction Management Agreement
CITY COUNCIL AGENDA DATE:
SECTION: Consent July 14, 2015
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Jay Lotthammer, Director, Award Bids and Assign Contracts to RJM VIII.D. Parks and Recreation Construction for the Construction of the Miracle League Field
Requested Action
Move to: Award bids and assign contracts to RJM Construction for the construction of the Miracle League Field.
Synopsis
The Miracle League Fundraising Group has continued to raise funds through paver sales and naming rights. The contracts being recommended to be awarded are within the funds that have been raised and previously donated. RJM Construction has offered to donate their time to manage the project. A previous item requests authorization to enter into a Construction Management Agreement with RJM Construction. This method of construction management is identical the Aquatics Expansion Project.
Attachment
Bid Award Recommendation Letter
CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 14, 2015
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Bill Olmschenk, Award Bid for Trail Rehabilitation Work to VIII.E. Parks Construction Supervisor, Bituminous Roadways, Inc. Parks and Recreation
Motion
Move to: Award the bid for the rehabilitation of bituminous bike trails along portions of Eden Prairie Road, State Highway 5, Golden Triangle Drive and Center Way to Bituminous Roadways, Inc. in the amount of $161,819.50.
Synopsis
The City advertised for the rehabilitation (reconstruction) of portions of the eight foot wide bituminous trails along sections of Eden Prairie Road (map location #1 and 2), State Highway 5 (map locations #3 and 4), Golden Triangle Drive (map location # 5) and Center Way (map location # 6). The plans and specifications were prepared for the rehabilitation of 10,615 lineal feet of 8 foot wide trail, and the installation of ten (10) new pedestrian/handicap ramps at various roadway crossings. The City received sealed bids from five contractors.
Background
The scope of this project is to replace the surface of existing 8 foot wide bituminous bike trail segments whose surface is rough, severely degraded and in extremely poor condition. In 2014 these trail segments ranked as being in poor condition (PCI under 70) in a city wide trail and sidewalk assessment that was done by GoodPointe Technology. These trail sections cannot be renovated using the standard surface treatment of a rock chip seal coat; these trail portions must be rebuilt to provide a safe and useable trail surface for the next 20+ years. New concrete ramps will be installed to provide proper ADA transition access from the trail to the road surface at intersections where these type ramps are currently absent.
The funding for this trail rehabilitation project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment funding under the Parks and Recreation Department. The funding is designated for annual trail and sidewalk maintenance throughout the City.
Award Bid for Trail Rehabilitation Work to Bituminous Roadways, Inc. July 14, 2015 Page 2
Bid Summary and Recommendation
The summary of the bids submitted is as follows:
Bituminous Roadways, Inc $161,819.50 Midwest Asphalt Corp. $164,919.75 Northwest Asphalt, Inc. $168,059.50 Minnesota Roadways Co. $200,354.15 ACI Asphalt Contractors $208,455.00
The staffs estimate for this trail rehabilitation project, based on 2014 bid/quote information, was $200,000.
Each of the submitters met the guidelines as detailed in the bid specification document. Staff recommends the contract be awarded to Bituminous Roadways, Inc.
The trail rehabilitation/reconstruction project work will begin in early August with completion by October 9, 2015. City staff will do the work of restoring the private property lawn areas disturbed by this project.
Attachment
2015 Trail Rehabilitation Location Map
2015 TRAIL REHABILITATION WORK
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July 6, 2015 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 14, 2015
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Paul Sticha, Administration, Award contract for 2015 Building VIII.F. Facilities Restoration repairs at 13 City owned
buildings
Requested Action Move to: Award contract for Building Restoration repairs (caulking, tuckpointing, sealants, block & brick repair, concrete repair, etc.) to Restoration Systems, Inc. for base bid and alternate G-2 in the amount of $94,939.
Synopsis Base Bid Alternate G-2 Total American Masonry declined to bid Advanced Masonry declined to did A.J. Spanjers Co., Inc. attended pre-bid meeting, declined to bid Restoration Systems, Inc. $79,239 $15,700 $94,939 Flag Builders of Minnesota $90,682 $22,475 $113,157 Sebco attended pre-bid meeting, declined to bid Twin City Outdoor attended pre-bid meeting, declined to bid Western Specialty attended pre-bid meeting, declined to bid
Background Information Specifications were written by Environmental Process Inc (EPI) and proposals were requested from eight contractors. American Restoration declined immediately as they were too busy. The other seven contractors said they would submit proposals. Six of the seven attended the pre-bid meeting held by EPI and City of Eden Prairie staff. Ultimately five of the seven declined to submit proposals. The proposal from Restoration Systems is within budget.
Attachments • Letter of recommendation • Bid tabulation • Contract
ENVIRONMENTAL PROCESS, INC.
715 Florida Ave. S., Suite 111 18382 FM 302, Suite 103 Golden Valley, MN 55426 Fax: 763-398-0121 Canyon Lake, TX 78133 763-398-3040 Phone: 888-733-3050 830-935-4909 [email protected] www.go-epi.com [email protected]
June 26, 2015
Mr. Paul Sticha Facilities Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344-4485
Re: City of Eden Prairie 2015 Exterior Building Envelope Maintenance EPI No.: 2015-667
Dear Mr. Sticha:
Environmental Process, Inc. (EPI) reviewed the City of Eden Prairie - 2015 Exterior Building Envelope Maintenance project work scope with Mr. Bob Yaritz of Restoration Systems, Inc. and there were no questions. Bob Yaritz indicated that they will be ready to start work as in the tentative schedule or earlier. The work schedule will be discussed at the preconstruction meeting.
Restoration Systems, Inc. is based in Chaska, Minnesota. EPI has worked with Restoration Systems, Inc. in the past. Restoration Systems, Inc. successfully completed the City of Eden Prairie – 2008, 2009, 2010, 2011, 2012, 2013, and 2014 Exterior Building Envelope Maintenance projects. Based on the review of project work scope with Restoration Systems, Inc. and the fact that they are the low bidder we recommend awarding the project to them.
EPI recommends that the base bid cost of $79,239.00 for the 2015 Exterior Building Envelope Maintenance project be accepted from Restoration Systems, Inc. In addition EPI recommends that Alternate G-2 (Art Center Guard Rail) cost of $15,700.00 also be accepted, for a total project cost of $94,939.00.
Please call (763) 398-3040 with any questions, comments.
Sincerely,
ENVIRONMENTAL PROCESS, INC.
Denny Langer, PE Project Manager
Attachment: Recap of Bids
An Equal Opportunity Employer
CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 14, 2015
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Joan Karst, Administration, Recarpet Upper Level Public Areas at VIII. G. Facilities City Hall
Requested Action
Move to: Award the contract for replacement of the upper level public area carpet in City Hall to Acoustics Associates.
Synopsis Base Bid Acoustics Associates $51,556 LaVan Flooring $57,259 St. Paul Linoleum & Carpet $75,809 Thoroughbred Carpet Declined to Bid
Plans and specifications were prepared by Baker Associates for carpet replacement for upper and lower level City Hall. The carpet replacement will be done in stages over three years as budgeted in the CIP. The first stage includes the entry lobby, Council Chamber, atrium stairways and mezzanine hallway. Four quotes were requested, but even though Thoroughbred walked the building and measured the areas, they ultimately declined to submit a quote.
Attachment
Construction Contract with contractor’s quote attached as Exhibit A
CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda July 14, 2015
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Resolution for reimbursement of prior VIII.H. City Manager expenditures
Requested Action
Move to: Adopt Resolution declaring the City’s official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds.
Synopsis
IRS regulations require that a City make a declaration of its official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. With this resolution, the City is declaring its intent to issue bonds as part of the financing for the West 70th Street project.
Attachment
Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2015-
RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE
BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the “City”), as follows:
1. Recitals.
(a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the “Regulations”) dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance.
(b) The Regulations generally require that the City make a declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued series of bonds within 60 days after payment of the expenditures, that the bonds be issued and the reimbursement allocation be made from the proceeds of such bonds within the reimbursement period (as defined in the Regulations), and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds.
(c) The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified.
2. Official Intent Declaration.
(a) The City proposes to undertake the following project or projects and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasonably expects to issue reimbursement bonds for such project or projects in the maximum principal amounts shown below:
Project Maximum Amount of Bonds Expected to be Issued for Project
West 70th Street Project $2,000,000
(b) Other than (i) de minimis amounts permitted to be reimbursed pursuant to Section 1.150-2(f)(1) of the Regulations or (ii) expenditures constituting preliminary expenditures as defined in Section 1.150-2(f)(2) of the Regulations, the City will not seek reimbursement for any original expenditures with respect to the
-1- foregoing projects paid more than 60 days prior to the date of adoption of this resolution. All original expenditures for which reimbursement is sought will be capital expenditures or costs of issuance of the reimbursement bonds.
3. Budgetary Matters. As of the date hereof, there are no City funds reserved, pledged, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, pledged, allocated on a long term basis or otherwise set aside) to provide permanent financing for the original expenditures related to the projects, other than pursuant to the issuance of the reimbursement bonds. Consequently, it is not expected that the issuance of the reimbursement bonds will result in the creation of any replacement proceeds.
4. Reimbursement Allocations. The City’s financial officer shall be responsible for making the “reimbursement allocations” described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the reimbursement bonds to reimburse the source of temporary financing used by the City to make payment of the original expenditures relating to the projects. Each reimbursement allocation shall be made within 30 days of the date of issuance of the reimbursement bonds, shall be evidenced by an entry on the official books and records of the City maintained for the reimbursement bonds and shall specifically identify the original expenditures being reimbursed.
ADOPTED by the City Council on July 14, 2015.
______Nancy Tyra-Lukens, Mayor
(Seal) ATTEST:
______Kathleen Porta, City Clerk
-2-
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar July 14, 2015
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Administration Approve Contract with the Ultimate Software Alecia Rose, Human Resources Group, Inc. for Recruitment and Onboarding VIII. I. Manager modules
Requested Action Move to: Approve the Contract with the Ultimate Software Group, Inc. for Recruitment and Onboarding modules.
Synopsis In 2008 the City entered into an agreement with Taleo Business Edition Services to provide an applicant tracking software in order to streamline recruitment efforts online. While the service from Taleo has been acceptable, the City sees opportunity for increased efficiency and an enhanced applicant experience by using Ultimate Software Group, Inc’s Recruitment and Onboarding modules to replace Taleo’s services.
In November of 2014 the City changed its HRIS and Payroll Service Provider to Ultimate Software Group, Inc. By combining the Payroll, HRIS, Recruitment, and Onboarding functions with one service provider, the City will streamline the applicant to new hire process and reduce the need for multiple data entries.
Ultimate Software Group, Inc. is offering a three year contract, with no price increases through the first three years. The implementation costs have been waived and the pricing structure is as follows:
• $1.30 per Compensated Employee per month guaranteed for three years.
This averages out to approximately $10,920 per year. Comparably, Taleo was charging $10,800 per year.
Ultimate Software Group, Inc’s software would offer the following additional functionality: • Completely integrated applicant tracking software that flows into the HRIS and payroll database automatically, with no repeated data entry; • Upgrades to the system on at least an annual basis, included in the pricing;
The move to Ultimate Software Group, Inc will be beneficial for the Human Resources Division and hiring managers throughout the City.
Attachment SaaS Services Agreement
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar July 14, 2015
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police Department Declare Abandoned Property VIII.J. Lieutenant Greg Weber
Requested Action
Move to: Declare property as abandoned.
Synopsis
The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment, and miscellaneous items that remain unclaimed.
City Code 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a resolution by City Council to declare unclaimed property that has been in the possession of the City for over 90 days as "abandoned property."
Background Information
In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days.
In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police Department would like to convert certain items for City use.
Attachments
Exhibit A – Abandoned Property Exhibit B – Converted Property
Eden Prairie Police Department Exhibit A 8080 Mitchell Road Abandoned Property Eden Prairie, MN 55344
Case Number Tag # Description Serial Number 2007-00046925 13098 (1) Pair of Jeans 2008-00023461 0807EP0366 (2) Gift Cards from SuperAmerica 2009-00025969 0909EP0089 Hickory H&B Softball Bat 2009-00030633 0906EP0673 Car Jack 2009-00030633 0906EP0677 Locking Plate & Bag for Jack Wrench & Handle 2009-00030633 0906EP0682 (5) Lugnuts 2009-00030633 0907EP0062 Red Bolt Cutter 2009-00030633 0907EP0063 Flat Screwdriver, Red & Black Handle 2009-00030633 0907EP0064 Flat Screwdriver, Wooden Handle 2009-00030633 0907EP0065 Socket Wrench 2009-00030633 0907EP0066 Flat Screwdriver, Blk/Yel Handle 2009-00030633 0907EP0067 (9) Black Phillips Screws 2009-00030633 0907EP0068 (5) Metal Screws {1-Allen & 4-Phillips Head} 2009-00030633 0907EP0071 (7) Sockets 2009-00030633 0907EP0072 (2) Jack Handles 2009-00030633 0907EP0073 Dewalt DW057 Cordless Drill & 18 volt Battery 2009-00030633 0907EP0075 (1) Large Close-ended Lugnut 2009-00030633 0907EP0076 (24) Lugnuts, Close-ended 2009-00030633 0907EP0077 (1) Lugnut, Shorter/Hex-head 2009-00030633 0907EP0078 (1) Car Jack 2009-00030633 0907EP0079 Large Socket (End - 7/8") 2009-00030633 0907EP0080 Socket Extension 2009-00030633 0907EP0081 Black Lug Wrench 2009-00030633 0907EP0084 Flat Head Screwdriver w/Yel/Red Handle 2010-00019399 740 30 GB iPod 8k7114rrvpm 2010-00021165 942 Black Leather Bag w Misc Tools 2010-00021165 943 Crowbar with Yellow Handle 2010-00021165 944 Nail Puller, Blue in Color 2010-00021165 945 Air Pump, Performance Tool, C-Clamp 2010-00021165 946 Red LED Flashlight 2010-00021165 949 (2) Flathead Screwdrivers, (1) Glass Cutter Page 1 of 6 Eden Prairie Police Department Exhibit A 8080 Mitchell Road Abandoned Property Eden Prairie, MN 55344
2010-00021165 950 Flashlight, Silver in Color 2010-00021165 953 Misc Automotive Hand Tools 2010-00021165 954 Black Case w/Blue Point Diagnostic Scanner Mod MT586BK 96900107 2010-00021165 956 Milwaukee Compact Driver B30A007461109 2010-00021165 957 Blue Point Tube Cutter w Red Case, Mod TF-528-D 2010-00021165 958 Mac Compression Test Kit/Red Case, Mod CT50/100 2010-00021165 959 Craftsman In-Vehicle Charger/Box 2010-00021165 960 Plastic Bin w Misc Hand Tools, Wrenches, Sockets, etc 2010-00021165 963 Makita Impact Drill 18v 0188707Y 2010-00021165 1044 (3) GearWrenches 1 1/16, 1 1/8, and 1 1/4 2010-00021165 1045 Craftsman 13 Piece Metric Wrench Set 2010-00021165 1046 Fluke 115 Ture RMS Multimeter 2010-00031099 1225 iPod Roadtrip Charger 2010-00040211 1690 Black Cincinnati Reds Baseball Cap 2011-00010378 1219 Black Safe 2011-00010378 1230 (2) Safe Keys 2011-00054092 4425 (6) Misc Gift Cards 2011-00054092 4746 Bag containing (3) New Clothing Items w/Tags 2011-00054092 4747 Nintendo Box containing Wheel Accessory 2011-00054092 4748 Nook Color E-Reader 2012970014662000 2011-00054092 4749 TomTom GPS Unit w/ Power Cord 8M6381A07540 2011-00054092 4750 TomTom GPS Unit w/ Power Cord L41587G82183 2012-00003584 2029 Garmin GPS w/Power Cord 2012-00013023 2679 Canon ELPH 300 HS PowerShot Camera 272061005172 2012-00026399 3664 RS Money Counter 2012-00027943 5943 Flashlight & Lighter 2012-00027943 5950 Schwinn SX2000 Bicycle SN1DC07H19401 2012-00027943 5954 Golf Balls 2012-00027943 5955 Black & Decker Tree Pruner 2012-00027943 5976 (3) Fishing Rod & Reels 2012-00027943 5977 Pair of CCM Ice Skates in CCM Box 2012-00030124 3306 Garmin GPS Unit & Charger Page 2 of 6 Eden Prairie Police Department Exhibit A 8080 Mitchell Road Abandoned Property Eden Prairie, MN 55344
2012-00034714 3379 Viridian Laser Sight for Firearm 2012-00044003 3944 Several Coins 2012-00044003 3945 Bag of Coins 2012-00044003 3946 Challenge coin, earring, penny, silver chain bracelet 2012-00044003 3947 Iraq bank note, gold colored Ted Williams baseball card 2013-00002910 7742 (1) Black Flashlight & (1) Teal Flashlight 2013-00002910 7760 Verizon Samsung 4G LTE Hotspot in Box 2013-00002910 7762 Misc Hair Care Products 2013-00002910 7764 Misc Skin Care Products 2013-00002910 7765 (2) Bottles of Eyeglass Cleaner 2013-00021355 8662 (5) Assorted DVD Sets 2013-00021355 8663 Black Bowling Bag, Shoes & Accessories 2013-00021355 8666 (5) Assorted Wii Games 2013-00021355 8667 Black Bowling Bag, Shoes & Accessories 2013-00021355 8668 Bath Towels, Bath Mat & Stuffed Animal 2013-00021355 8669 (6) Pair Nike Shoes & (5) "59" Hats 2013-00021355 8670 (2) T-Shirts & Sandals 2013-00021355 8671 iHome Black Backpack containing (5) DVD Sets, (1) Silver Necklace, (1) Pair of Gucci Sunglasses, Apple Power Cord 2013-00021355 8672 Canon Photo Paper and Ink, (2) Boxes 2013-00021355 8673 Magic Bullet Blender 2013-00021355 8674 Salvatore Ferragamo Shoes (8D) from Nordstrom 2013-00021355 8675 (2) Pair Sperry Brand Top-Sider Shoes (13M) & Socks 2013-00021355 8677 Black Aldo Brand Bag w/Black Nike Air Shoes (Sz 12) 2013-00040615 9696 iPhone 5, Black in Color 2013-00045907 10055 Bostitch Fastener Nailer 2013-00045907 10056 Campbell Hausfeld Brad Nailer DK591000AV 2013-00045907 10057 Makita Saw 0164669 2013-00045907 10058 Paslode Nailer 401936 2013-00045907 10059 Ridgid Circular Saw G043203609 2013-00045907 10060 Ryobi Sawsall CS093363653 2013-00045907 10061 Senco Nailer 072D1744 2013-00045907 10062 Paslode Nailer 0251F0382 Page 3 of 6 Eden Prairie Police Department Exhibit A 8080 Mitchell Road Abandoned Property Eden Prairie, MN 55344
2013-00045907 10063 Hitachi Finish Nailer 0010993 2013-00045907 10064 Ryobi Circular Saw CS093394106 2013-00045907 10065 Ryobi Drill CS093313633 2013-00045907 10066 Makita Circular Saw 01_52__Y 2013-00045907 10067 Hitachi Coil Nailer 2013-00045907 10068 Milwaukee Hammer Drill B01BD11050445 2013-00045907 10069 Tool Shop Jigsaw 241-9835 2013-00045907 10070 Bosch Sander 891000444 2013-00045907 10071 Paslode Nailer 1205A0447 2013-00045907 10072 Paslode Nailer 042750090 2013-00045907 10073 Paslode Nailer 0545A1493 2013-00045907 10074 Makita Drill w/Extension 0038917Y 2013-00045907 10075 Master Force Drill 121042 2013-00045907 10076 Green Bin w/Miscellaneous Hand Tools, Hitch,Tire Jack, & Scrap Copper 2013-00045907 10077 Brown Canvas Bag w/Miscellaneous Hand Tools 2014-00001301 10469 Dewalt Drill & Misc Drill Bits in Green Atlantic Bag 265624 2014-00001301 10470 Brown Paper Bag w/Misc Tools 2014-00006027 7922 (1) $50 Target Gift Card & (1) $25 Green Mill Gift Card 2014-00018270 11581 (1) Pair of Stud Earrings, Clear Stone 2014-00018270 11582 (1) Pearl Earring (with no back) 2014-00018270 11583 Gold Timex Watch 2014-00019999 11735 Stowaway 5 Gear Blue Mtn Bike w/Rack & Third Wheel A800629 2014-00020311 11745 Citizen Eco Drive Mens Watch, Black/Silver 272828 2014-00023816 11943 (1) Gold Earring 2014-00023816 11944 Dark Purple Earrings 2014-00023816 11945 Turquoise Gem Ring 2014-00023816 11947 (1) Charger 2014-00023816 11948 Adrenaline Female Watch w/White Band 2014-00023816 11950 Polar Watch w/Black Band 2014-00024226 11998 K2 ATTACK 24 Green Adult Bicycle AL12B112835 2014-00024537 11988 Razor Street Style Orange Adult One-speed, Snake Skin Pattern Tires CS071030782 2014-00025438 12027 Lightning Rod Page 4 of 6 Eden Prairie Police Department Exhibit A 8080 Mitchell Road Abandoned Property Eden Prairie, MN 55344
2014-00028503 12241 Calvin Klein Black Leather Jacket 2014-00028503 12242 Mossimo Mens Khaki Pants w/Tags Size 30x30 2014-00028503 12255 Wormgear Fiberglass Fishing Pole -- Red 2014-00028503 12256 Zebco Micro Fishing Pole -- Black 2014-00028503 12257 (1) Pair of Mongoose Extreme Blue/Black/Orange Gloves 2014-00029116 12237 Raleigh SkyliteTechnium Beige Adult 18 speed, Red Bag w/Lock R830070203 2014-00029801 12258 One Silver Colored Earring w/Turquoise Stone - Shepherd Hook Style 2014-00029801 12259 Silver Necklace - No Pendant 2014-00029801 12260 Samsung Charger 2014-00029801 12262 (1) Timex Watch, (1) IronMan Watch 2014-00029801 12263 (2) Pearl Post Earrings 2014-00029801 12265 One Black Nylon Necklace w/Plastic Turtle Pendant 2014-00030412 12319 Specialized Crossroads Elite, Black Adult, 8 speed Bicycle 80744043 2014-00031293 12360 Specialized SR SLNTOUR Mtn Black Mens Bike, 24 speed w/Cable Lock P8DHB1167 2014-00032043 12379 RayBan Light Brown/Dark Brown Womens Glasses (Not Sunglasses) in Black Case 5206 2445 52 18 140 2014-00032043 12381 White Womans Watch w/Silver Dial FMDMO530 2014-00034050 12492 Thruster BMX Freestyle Bicycle, Bright Orange in Color G1211118797 2014-00034144 12497 Black Outdoor Backpack 2014-00034773 12557 Giant Boulder Silver/Blue/White Mens Mtn Bike C20H7901 2014-00035179 12560 Apple iPod C3RKPLKQFFCJ 2014-00035669 12572 Next PowerX Red/Silver Mens 18sp LWKD063181 2014-00035949 12673 Next Avalon Purple/White Adult Bicycle GS121114316 2014-00036098 12678 Schwinn Ranger Blue/White Adult Bicycle SNIDC08M29361 2014-00037347 12636 Green/Black Masterforce Tool Bag containing Numerous Miscellaneous Tools 2014-00037355 12637 (1) Silver Colored Ring w/Clear Stones & (1) Gold Ring w/(3) Red Stones & (2) Clear Stones 2014-00037355 12640 Silver/Gold Band w/Clear Stones 2014-00037763 12669 Raleigh MXR Red/Blk Boys BMX ACF04G012837 2014-00037808 12661 Prescription Sunglasses in Black Case 2014-00038076 12668 Silver Ring w/Leaves of Black Hills Gold 2014-00038128 12676 Kent Lajolla Black Mens Bike, 24" Tires w/Orange Rims GS120520973 2014-00038827 12697 Silver Ring w/five clear stones - Missing two stones 2014-00039119 12729 Schwinn Clear Creek Charcoal Colored 18 Spd - w/red bike lock, 1 black bike lock & rack SNMN808E14380 Page 5 of 6 Eden Prairie Police Department Exhibit A 8080 Mitchell Road Abandoned Property Eden Prairie, MN 55344
2014-00041323 13446 Floor Jack 2014-00041639 12834 Relic Mens Watch, Silver in Color 2014-00041639 12835 Sport Watch, Black in Color 2014-00041639 12837 Sandisk MP3 Player Model e250, Black in Color w/White Samsung Earbuds 2014-00041639 12839 Cobra Walkie-Talkie, Black in Color 2014-00042481 12873 Bag containing: (1) Pink Ralph Lauren Kids Jacket; (1) Black Kids NorthFace Hooded Sweatshirt, (1) Purple Columbia Kids Jacket 2014-00046577 13158 (1) Mens Stainless Steel Silver Ring w/(1) Large Red Stone in Center 2014-00048907 13274 (1) Box containing (9) GE 400 watt Light Bulbs 2014-00049420 13286 Ring, Gold Color w/Diamond like Insert 2014-00049420 13290 One Earring Post, with Clear Stone 2014-00049420 13291 One Silver Colored Ring, Small Size 2015-00002669 13447 One Pair of Post Pearl-like Earrings 2015-00002669 13450 One $25 Gift Card to SuperAmerica 2015-00007106 13697 Gift Cards: Target $10, Mall of America $25, Lunds & Byerlys $25 (Values Current as of 05-19-15) 2015-00007106 13699 BlackAnt Black Bluetooth Earpiece Q334039483 2015-00007106 13700 Silver Colored Men's Ring 2015-00007106 13701 Broken White Silver Colored Chain w/Cross Pendant w/Clear Stones 2015-00008162 13785 Roadmaster MTN Sport Blue w/Green Lettering 18 spd Bike SNFSD10A42007 2015-00008680 13811 Bose Soundlink Bluetooth Speaker Model 414255 III & Power Cord 061392942891881AE
Page 6 of 6 Eden Prairie Police Department Exhibit B 8080 Mitchell Road Converted Property Eden Prairie, MN 55344
Case Number Tag # Description Serial Number 2007-00046925 0906EP0525 (2) CD's - KSTP.com 5 Eyewitness News Story 2008-00021548 0812HC0057 Tanita Scale 2009-00054991 0911EP0500 $.55 in Change 2009-00054991 0912EP0002 Leatherman Tool 2010-00014928 663 HP DV4T-1400 Laptop Computer w/Cords CND9353338 2010-00019399 743 Bushnell 10X25 Binoculars 13-2516 2010-00019399 748 (7) - One Dollar Bills = $7 2010-00019399 749 (1) Roll of 20 US Quarters = $5 2010-00028146 1052 Two Digital Scales 2010-00037501 1584 (1) Airsoft Machine Gun 2010-00037501 1585 (1) Jar Airsoft Pellets 2010-00051852 2142 Powerline BB Gun (Pistol), Black + BB's/Pellets 2011-00003467 1069 Grey Metal First Alert Safe 2011-00038278 1736 Digital Scale in Box 2012-00000209 3351 .20 grams Black Tar Heroin (NARK+) 2012-00003076 2082 Blade Digital Scale 2012-00006269 2231 Digital Scale 2012-00009057 2378 Black Digital Scale 2012-00011871 2613 Digital Scale 2012-00011871 2613 Packaging Materials 2012-00013023 2666 American Weigh Digital Scale 2012-00013023 2675 $3.00 in Currency 2012-00019241 2953 Hashish Press 2012-00022530 3017 93 pills/24.68 grams of Suspected Ecstasy 2012-00022530 3019 12.23 grams of Cocaine 2012-00027938 3199 Digital Scale 2012-00034714 3369 2.55 grams powder Heroin (NARK+) 2012-00034714 3371 Clonazepam pills & (17) Buprenorphine pills (9.96 grams) & pkg 2012-00034714 3384 1.31 grams Heroin (NARK+) 2012-00034714 3399 Samsung Galaxy Tab2 R32C7088JCD 2012-00044281 3518 .20g Heroin Page 1 of 2 Eden Prairie Police Department Exhibit B 8080 Mitchell Road Converted Property Eden Prairie, MN 55344
2012-00053737 4104 Fuzion Digital Scale 2013-00002910 7729 HP Pavilion g7 Laptop w/Cord 6CF2016RPH 2013-00002910 7733 16 GB iPad in Black Case GB0226HZZ38 2013-00002910 7738 $14 in Cash 2013-00002910 7740 $2 in Cash 2013-00002910 7751 $2 in Cash 2013-00002910 7757 (1) Samsung Cell Phone Charger 2013-00002910 7758 (2) Motorola Cell Phone Charger Cords 2013-00017559 9952 $240 Cash 2014-00002794 7457 Digital Scale Model #M600 2014-00002794 7458 AWS Blade 100 Black Digital Scale 2014-00024330 11984 One $50 BILL 2014-00029801 12261 (1) $20 Bill 2014-00029875 12275 Airsoft Gun - Replica Glock Handgun 2014-00041639 12841 $17.00 in Cash/Coin 2014-00041639 12843 $.50 - (2) Quarters 2014-00042452 12967 $7 in Cash 2014-00042473 12877 5 x $20 Bills = $100 2014-00049420 13287 One $5 Bill 2014-00049420 13289 One $5 Bill 2015-00002177 13426 $25 Cash 2015-00002669 13448 One $10 Bill 2015-00004604 13569 $58.20 Cash & Coins 2015-00005660 13640 $331 in US Currency
Converted drugs are used for police canine training.
Page 2 of 2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 14, 2015
DEPARTMENT/DIVISION: ITEM DESCRIPTION: #11-5800 Adopt ITEM NO.: Resolution Approving Amendment No. Rod Rue VIII.K. 05776-1 for the southern segment of the Public Works / Engineering Shady Oak Road Improvements
Requested Action
Move to: Adopt resolution approving Agreement Amendment No. 05776-1 with MnDOT for the southern segment of the Shady Oak Road Improvements
Synopsis
This agreement amendment provides for the reduction in the final lump sum payment to the City due to the cost of the State Furnished Materials for the reconstruction of the TH 212 interchange and Shady Oak Road (CSAH 61) (State Project No. 2763-49).
Background Information
The Cooperative Construction Agreement approved and executed on May 6, 2014 included MnDOT’s “not to exceed” participation share of $7,000,000. In order to include City costs for State Furnished Materials for traffic signal equipment and avoid making payment back to MnDOT, the amendment to the agreement deducts the cost of the materials from the remaining amount due to the City.
The southern segment of the Shady Road Improvements will provide new traffic signals at the following four intersections with Shady Oak Road; City West Parkway (Bryant Lake Drive), Highway 212 north and south ramps and Flying Cloud Drive. Construction is currently 30% complete and expected to be substantially complete in November 2015.
Financial Implications
The original Construction Cooperative Agreement provided for $7,000,000.00 in cost participation through the State Transportation Economic Development Program. The cost of the State Furnished Materials is $134,688.00. The City has received $3,500,000.00 to date and will receive the remaining $3,365,312.00 upon completion of 50% of the construction contract.
Attachments
• Resolution • MnDOT Construction Cooperative Agreement Amendment No. 05776-1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2015-
APPROVE MNDOT AMENDMENT NO. 05776-1 FOR THE SOUTHERN SEGMENT OF THE SHADY OAK ROAD (CSAH 61) IMPROVEMENTS I.C. 11-5800
WHEREAS, the City of Eden Prairie has prepared construction plans for the construction of Shady Oak Road (CSAH 61) designated by the City as I.C. 11-5800 from approximately 800 feet north of Rowland Road to 600 east of Flying Cloud Drive; and
WHEREAS, Cooperative Construction Agreement No. 05776 has been approved and executed by the City of Eden Prairie to provide for maintenance obligations as well as payment by the State to the City of the State’s share of the costs of the Shady Oak road interchange improvements and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 212 at Shady Oak Road within the corporate City Limits under state project No. 2763-49 (T.H. 212=005); and
WHEREAS, Amendment No. 05776-1 provides for credit to the State for the City’s share of the costs of State Furnished Materials provided for traffic signal cabinets, controllers, ITS camera, vehicle detection, communications equipment and accessories to connect equipment.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said Amendment No. 05776-1 for State Project No. 2763-49 (T.H. 212=005)(City Project No.11- 5800) is hereby approved and the Mayor and City Manager are authorized to execute the Amendment on behalf of the City of Eden Prairie.
ADOPTED by the Eden Prairie City Council on July 14, 2015.
______Nancy Tyra-Lukens, Mayor
ATTEST: SEAL
______Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 14, 2015
DEPARTMENT/DIVISION: ITEM DESCRIPTION: #15-5914 ITEM NO.: Approve Agreement with Twin Cities and Robert Ellis Western Railroad for the Replacement of VIII.L Public Works / Engineering the Valley View Road At-Grade Crossing
Requested Action
Move to: Approve Agreement with Twin Cities and Western Railroad for the Replacement of the Valley View Road At-Grade Crossing Synopsis
This agreement outlines the provisions for Twin Cities and Western Railroad to replace the deteriorating railroad crossing at Valley View Road.
Background Information Twin Cities and Western Railroad (TC&W) operate on a rail track which carries rail traffic through Valley View Road. The City is responsible for Valley View Road which carries traffic across the TC&W line. The railroad crossing is in poor condition creating a hazard for both vehicular and pedestrian traffic and needs to be removed and replaced. TC&W has agreed to replace the railroad crossing. The estimated cost to the City for this work is $59,449.96. The City will reimburse TC&W for these costs upon the completion of the project.
Attachments Photos Agreement
AGREEMENT NO. 2015 - 5 AGREEMENT BETWEEN THE TWIN CITIES & WESTERN RAILROAD COMPANY AND CITY OF EDEN PRAIRIE FOR REPLACEMENT OF AT-GRADE CROSSING SURFACE ON VALLEY VIEW ROAD
THIS AGREEMENT, made and entered into by and between the Twin Cities & Western Railroad, a corporation organized under the laws of the State of Minnesota, hereinafter referred to as “Company,” and the City of Eden Prairie, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as “City.”
WITNESSETH:
WHEREAS, the City and the Company have discussed replacement of an eighty foot at- grade crossing surface on Valley View Road, and WHEREAS, Valley View Road is under the jurisdiction of the City for purposes of maintenance and improvements, and WHEREAS, it is the desire of both of the parties to enter into a written Agreement regarding the replacement of said at-grade crossing surface. NOW, THEREFORE, the Company and the City agree as follows: A. This agreement shall apply only to the replacement of the one at-grade crossing surface at Valley View Road.
B. The Company will be the project manager in charge of the surface replacement project.
C. The Company will:
1. Prepare and complete construction plans, specifications, and special provisions, as needed; an estimate of construction cost; other tasks required to complete the design of the project, and otherwise provide for the replacement of the railroad crossing surface.
2. Provide the necessary labor, equipment, and material for the removal/disposal of the old crossing surface and for the construction of the new crossing surface.
3. Provide the necessary construction supervision, inspection and reporting services.
4. Communicate with the City Engineer for approval of the construction plans, OS(C:) TVS TCW 07/10/2015 1
specifications and special provisions prior to authorizing work to proceed.
5. Allow inspection by the City’s duly authorized representatives upon reasonable notice.
6. Obtain the written approval of the City for any changes involving work which the City is responsible to pay prior to performing such work.
D. The City will:
1. Review and approve the plans for the project prepared by the Company without unreasonable delay.
2. Provide traffic control on Valley View Road during the surface replacement project. This work includes closing the roadway and detouring vehicular traffic as needed and at times requested by the Company.
3. Cut the existing asphalt road surface and construct temporary asphalt pavement patching at the at-grade crossing surface.
4. Construct the permanent asphalt highway pavement at the railroad/highway crossing surface.
E. The project shall be funded as follows:
1. CONSTRUCTION COSTS: a. The City will pay the expenses for materials to remove and dispose of the old crossing surface and the construction of the new crossing surface. The total costs are currently estimated at $59,449.96.
b. In addition to 1.a. the City will pay all expenses for traffic control, materials, cutting asphalt, asphalt disposal and temporary and permanent asphalt highway pavement construction and any inspection or engineering services the City may use.
c. The Company will pay other expenses related to the surface replacement project.
2. ENGINEERING COSTS: a. The Company will not be obligated to pay the City for any City staff or other engineering services related to the project.
3. REIMBURSEMENT: a. Upon completion of the project, the Company will bill the City a lump
OS(C:) TVS TCW 07/10/2015 2
sum amount of $59,449.96 for payment for the crossing surface construction material costs. The City will pay the Company within thirty (30) days.
F. The parties to this agreement shall be liable for their own acts to the extent provided for by law and hereby agree to indemnify, hold harmless and defend the other named party to this agreement, its officers, agents, employees, and workers against any and all liability, loss, costs, damages, expenses, claims or actions, including reasonable attorneys’ fees which the other party or its officers, agents, employees, and workers may hereafter sustain, incur or be required to pay, arising from, or related to the provisions of services hereunder by reason of any act or omission of the party, its officers, agents, employees and workers in the execution, performance, or failure to adequately perform its obligations. Under no circumstances will the City be required to pay on behalf of itself and other parties, any amounts for tort liability in excess of the limits on tort liability established in Minnesota Statutes Chapter 466 applicable to any one party.
G. The City, before commencing any work and at all times until its work is completed, must provide and maintain insurance policies as follows:
(1) Liability insurance, including broad form contractual liability coverage, with a combined single limit of at least $1,500,000 each occurrence or such larger limit (including excess or umbrella insurance) as is carried by City. This insurance must include coverage for public liability, bodily injury and property damage, personal injury and advertising injury, fire legal liability, and products and completed operations. The policy or policies must be endorsed as follows: (1) to add the Company as an additional insured; (2) to waive the insurer(s)’s subrogation rights against the Company; (3) to provide for separation of insured parties; (4) to be primary and non-contributing with respect to insurance carried by the Company; (5) to amend the definition of insured contract to remove any exclusion or other limitation for any work being done within a specified distance of a railroad, railroad tracks, or railroad property; (6) to remove exclusions limiting coverage for explosion, collapse, or underground hazards; and (7) to provide that any worker’s compensation and employer’s liability exclusion does not apply to the Company’s payments related to the Federal Employer’s Liability Act and that payments by the Company under any wage continuation program are not to be deemed to be payments made or obligations assumed under any worker’s compensation law or disability benefits or unemployment compensation law or similar law.
(2) Business automobile (“Business Auto”) insurance with a combined single limit of at least $2,000,000 per occurrence, including coverage for bodily injury and property damage and any and all vehicles owned, used, or OS(C:) TVS TCW 07/10/2015 3
hired. This policy shall be endorsed (1) to waive the insurer’s subrogation rights against the Company, (2) to name the Company as an additional insured, (3) to provide for separation of insured parties, and (4) to be primary and non-contributing with respect to insurance carried by the Company.
(3) Workers’ compensation and employers' liability (“Workers Comp”) insurance. This policy shall be endorsed to waive the insurer’s subrogation rights against the Company.
Certificate(s) of insurance must be furnished to the Company before commencing construction or operations or work. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of the City’s obligations hereunder. Failure to provide certificates required by this Agreement shall entitle, but not require, the Company to terminate this Agreement immediately. Upon request, the City shall furnish complete copies of the insurance policies to the Company.
If any portion of the construction or work or operation is contracted by the City, the City must require that the contractor(s) provide and maintain insurance coverages as described above, naming the Company as an additional insured.
H. It is understood and agreed that any and all employees of the Company and all other personnel employed by the Company in the performance of services hereunder shall not be considered employees of the City and that any and all claims that may or might arise on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said Company employees while so engaged in the performance of any of the services hereunder shall in no way be the obligation or responsibility of the City.
I. It is understood and agreed that any and all employees of the City and all other persons employed by the City in the performance of the provisions of services hereunder shall not be considered employees of the Company and that any and all claims that may or might arise under the Worker’s Compensation Act of the State of Minnesota, the Federal Employer’s Liability Act, the Safety Appliance Act, the Boiler Inspection Act, the Occupational Health and Safety Act, the Resource Conservation and Recovery Act, and any similar state or federal statute, on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in the performance of any of the provisions of services hereunder will not be the obligation or responsibility of the Company.
J. Pursuant to Minnesota Statutes §16C.05, Subd. 5, the Company agrees that its OS(C:) TVS TCW 07/10/2015 4
records, documents, and accounting procedures and practices that are relevant to this Agreement are subject to examination during normal business hours by the City and either the legislative auditor or the state auditor, as appropriate, for a minimum of six years after completion of the project
K. During the performance of this Agreement, the Company and the City agree that no person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin be excluded from full employment right in, participation Ii, be denied the benefits of or be otherwise subjected to discrimination prohibited by applicable Federal and State laws against discrimination.
L. Any modification of this Agreement must be in writing and signed by the parties.
M. The crossing surface replacement project will be scheduled for construction in the summer of 2015, the dates to be mutually agreed to by the Company and the City.
N. Notice. Required notices to the Company shall be in writing, and shall be either hand-delivered to the Company, its employees or agents, or mailed to the Company by certified mail at the following address:
Twin Cities & Western Railroad Company _2925 - 12th Street East Glencoe, MN 55336______
Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address:
______City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344
Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change.
O. The parties shall comply with the Minnesota Data Practices Act the “Act”) in particular Minnesota Statutes Section 13.05, Subd 11. Pursuant to Section 13.05, Subd. 11 (b) the Act does not create a duty on the part of the Company to provide access to public data if the public data are available from the City, except as OS(C:) TVS TCW 07/10/2015 5
required by the terms of this contract. The City pursuant to law assumes the responsibility to respond to all data practices request for public data which are available from the City. .
P. 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.
Q. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
IN TESTIMONY WHEREOF, The parties hereto have caused these presents to be executed.
TWIN CITIES & WESTERN CITY OF EDEN PRAIRIE RAILROAD MINNESOTA
______Company President Date: Mayor Date:
ATTEST: ATTEST:
______Company Officer Date: City Manager Date:
OS(C:) TVS TCW 07/10/2015 6 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda July 14, 2015
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 08-5731 ITEM NO.: Rick Wahlen Approve Professional Services Agreement VIII.M. with HTPO for Engineering Services to Public Works/Utilities Reconstruct Bluffs West Lift Station
Requested Action
Move to: Approve a professional services agreement for engineering services with HTPO in the amount of $28,500 for the reconstruction of the Bluffs West Sanitary Sewer Lift Station (Lift Station No. 7).
Synopsis
The City of Eden Prairie Utilities Division has planned for the major reconstruction of the last remaining old-style sanitary lift station among the 21 lift stations in the system. This project was approved in the last capital improvement plan and will significantly improve the performance and reliability of the sanitary sewer system for this neighborhood.
Background Information
Utility Division’s Sanitary Sewer Capital Improvement Budget currently includes one sanitary sewer lift station upgrade project per year, and our operating budget includes funds for the ongoing annual preventive maintenance of these lift stations to mitigate the long-term damages to the system and extend the useful life of our lift stations. We have 21 sanitary sewer lift stations, so doing a major overhaul each year means that these sites go 21 years between major upgrades. HTPO has assisted with the redesign and reconstruction of several Eden Prairie older lift stations supporting the sanitary sewer system. The next site on our rehabilitation list is Lift Station No. 7 on Burr Ridge Lane, commonly referred to as Bluffs West Lift. This lift station will be renovated as preventative maintenance to prevent future failure. Eden Prairie Utilities is standardizing the mechanical, electrical, and control systems of all of our older lift stations in a systematic manner. As a cost savings measure, however, the control system was upgraded last year when we overhauled Red Rock Lift Station, because we got a better price for two control systems at once. This year, the mechanical components are being renovated. Sanitary Sewer systems are exposed to very harsh environmental conditions, including severe corrosion from hydrogen sulfide (sewer gas), and after two or three decades of routine preventative maintenance, system components in lift stations require replacement and major overhaul.
Attachments
• Professional Services Agreement • Proposal Standard Agreement for Professional Services
This Agreement (“Agreement”) is made on the _14th_ day of_July_, 20 15 , 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)_, a Minnesota _Corporation_(hereinafter "Consultant") 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 Engineering, Surveying, and Bid Administration Services for the Reconstruction of Lift Station No. 7 (Bluffs West Lift Station) at 11212 Burr Ridge Lane, Eden Prairie, MN 55344 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 (Estimate for Engineering and Surveying Services) 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 __July 14, 2015_ through __July 13, 2016 _ 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 $ 28,500 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension.
Standard Agreement for Professional Services 2014.04 Page 2 of 8 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 __Charles Howley 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.
Standard Agreement for Professional Services 2014.04 Page 3 of 8
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.
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
Standard Agreement for Professional Services 2014.04 Page 4 of 8 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 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.
l. It shall be Consultant’s responsibility to pay any retention or deductible for the coveraeges 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,
Standard Agreement for Professional Services 2014.04 Page 5 of 8 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 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.
Standard Agreement for Professional Services 2014.04 Page 6 of 8 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 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
Standard Agreement for Professional Services 2014.04 Page 7 of 8 settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party.
19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City.
20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement.
21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void.
25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
______Mayor
______City Manager
HANSEN THORP PELLINEN OLSON, INC.
______By:
Its:
Standard Agreement for Professional Services 2014.04 Page 8 of 8 ENGINEER'S ESTIMATE FOR: RECONSTRUCTION OF BLUFFS LIFT STATION EDEN PRAIRIE, MN
ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE TOTAL 1 Mobilization 1 Lump Sum $8,000.00 $8,000.00 2 Bituminous Pavement Removal 100 Sq. Ft. $10.00 $1,000.00 3 Remove Lift Station Components 1 Lump Sum $6,500.00 $6,500.00 4 Silt Fence 20 Lin. Ft. $10.00 $200.00 5 Sediment Control Inlet 2 Each $150.00 $300.00 6 Street Sweeping 6 Hours $150.00 $900.00 7 Traffic Control 1 Lump Sum $750.00 $750.00 8 Wet Well Lining 500 Sq. Ft. $55.00 $27,500.00 9 Temporary Sanitary Sewer Bypass 1 Lump Sum $35,000.00 $35,000.00 10 Pumps 2 Each $10,500.00 $21,000.00 11 Piping 80 Lin. Ft. $70.00 $5,600.00 12 Gate Valves 2 Each $1,500.00 $3,000.00 13 Fittings & Appurtanences 1 Lump Sum $5,000.00 $5,000.00 14 Top Slab (inc. hatch & vent) 1 Each $4,500.00 $4,500.00 15 Rock Mulch 2 Cu. Yd. $60.00 $120.00 16 Sod 10 Sq. Yd. $20.00 $200.00 17 Concrete Pad 250 Sq. Ft. $20.00 $5,000.00
Notes: Subtotal $124,570.00 1. Control Panel is not included as we understand it 10% Contingency $12,457.00 has already been upgraded to the new standard. TOTAL $137,027.00 2. Replacement piping between wet well & valve MH not included.
HTPO 6/18/2015
CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 14, 2015
DEPARTMENT/DIVISION: ITEM DESCRIPTION: #15-5902 ITEM NO.: Mary Krause Approve Plans and Specifications and Order VIII.N. Advertisement for Bids for Turn Lane Public Works / Engineering Improvements on Pioneer Trail at Green Acres
Requested Action
Move to: Adopt resolution approving plans and specifications and ordering advertisement for bids for Turn Lane Improvements on Pioneer Trail at Green Acres.
Synopsis
With the assistance of Westwood Professional Services Inc., the Engineering Division has prepared plans and specifications for the addition of a turn lane on Pioneer Trail at Green Acres. Construction of the project is scheduled to begin late August and completed by the end of October of this year. Plans for the project include a turn lane into Green Acres on Pioneer Trail for improved access.
Background Information
Parking lot and pond improvements for the Green Acres Event Center have previously been approved by City Council. The parking lot and pond construction is currently underway. The Owner has petitioned the City for the construction of the turn lane improvements and signed a special assessment agreement to pay for the turn lane improvements on Pioneer Trail. The turn lane will provide improved access to Green Acres.
Financial Implications
The current project cost estimate is just over $100,000. The project will be funded through a Special Assessment Agreement with Green Acres.
Attachment
Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2015-
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR TURN LANE IMPROVEMENTS ON PIONEER TRAIL AT GREEN ACRES I.C. 15-5902
WHEREAS, the City Engineer, with the assistance of Westwood Professional Services Inc., has prepared plans and specifications for the following improvements to wit:
I.C. 15-5902 – Turn Lane Improvement on Pioneer Trail at Green Acres
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 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. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. 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 July 14, 2015.
______Nancy Tyra-Lukens, Mayor
ATTEST: SEAL
______Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July14, 2015
DEPARTMENT/DIVISION: ITEM DESCRIPTION: #14-5877 ITEM NO.: Randy Newton Approve Professional Services Agreement VIII.O. with SRF Consulting Group for In- Public Works / Engineering Construction Services for the West 70th Street Extension Improvement Project
Requested Action
Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for In-Construction Services for the West 70th Street Extension Improvement Project.
Synopsis
This Professional Services Agreement provides construction observation, administration, and surveying for West 70th Street Extension to Flying Cloud Drive.
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. City Council approval of the project plans was provided at the June 16, 2015 City Council Meeting.
Financial Implications
The Professional Services Agreement with SRF has an estimated cost of $119,294. As defined in the Liberty Plaza Developer’s Agreement, Liberty Property Trust is responsible for the majority of the costs for the project. In addition the City was awarded a $470,000 Transit Oriented Development Grant from Hennepin County for the project which will be utilized to pay for a portion of the enhanced streets aping and multi-modal design elements that have been incorporated into the project.
Attachments • Professional Services Agreement Standard Agreement for Professional Services
This Agreement (“Agreement”) is made on the _14 __ day of___July___, 20__15___ between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and ___SRF Consulting Group, Inc.______, a Minnesota ____Corporation______(hereinafter "Consultant") whose business address is ______One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443______.
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 ____In-Construction Services for West 70th Street Extension Project______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 (__SRF Proposal Letter dated July 6, 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 __July 15, 2015______through __June 30, 2018______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 $__119,294______for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension.
Standard Agreement for Professional Services 2014.04 Page 2 of 9 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 __Zack Kartak and Phil Berg______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.
Standard Agreement for Professional Services 2014.04 Page 3 of 9
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.
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
Standard Agreement for Professional Services 2014.04 Page 4 of 9 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 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 and Professional Liability, 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.
l. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein.
Standard Agreement for Professional Services 2014.04 Page 5 of 9 m. It shall be the Consultant’s responsibility to notify City of policy cancellations non- renewed or restrictive modifications and coverages afforded 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 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.
Standard Agreement for Professional Services 2014.04 Page 6 of 9 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 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
Standard Agreement for Professional Services 2014.04 Page 7 of 9 of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party.
19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City.
20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement.
21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void.
25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original.
Standard Agreement for Professional Services 2014.04 Page 8 of 9 Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
FIRM NAME:
By:
Its:
Standard Agreement for Professional Services 2014.04 Page 9 of 9
CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 14, 2015
DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 11-5793 ITEM NO.: Public Works / Engineering Approve Buffer Maintenance Agreement VIII.P. for the Purgatory Creek Bank Robert Ellis Stabilization Project
Requested Action
Move to: Approve buffer maintenance agreement for the Purgatory Creek bank stabilization project.
Synopsis
As a requirement of the Riley-Purgatory-Bluff Creek Watershed District permit for the Purgatory Creek bank stabilization project, the city must enter into an agreement for the long term maintenance of the buffers along the creek and adjacent steep slopes. This agreement must be executed prior to the watershed district issuing their permit allowing the repair work to begin.
Background Information
The city has contracted with Sunram Construction to stabilize a small section of Purgatory Creek bank that is showing signs of erosion. The project will take place during the summer and fall of 2015.
Attachments
• Maintenance Agreement • Agreement Exhibit MAINTENANCE AGREEMENT Between the Riley Purgatory Bluff Creek Watershed District and The City of Eden Prairie
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 103B and 103D (RPBCWD), and the City of Eden Prairie, (City).
Recitals and Statement of Purpose
WHEREAS pursuant to Minnesota Statutes section 103D.345, the RPBCWD has adopted and implements the Wetland and Creek Buffers Rule, the Waterbody Crossings and Structures Rule and the Stormwater Management Rule;
WHEREAS under the Wetland and Creek Buffers Rule, certain land development activity triggers the requirement that the landowner record a declaration establishing the landowner’s perpetual obligation to protect undisturbed buffer adjacent to a creek or wetland;
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 and as a condition of permit 2015-031, the City’s perpetual obligation to maintain wetland and creek buffer must be memorialized in a maintenance agreement specifying requirements and restrictions;
WHEREAS City and the RPBCWD execute this Agreement to fulfill the condition of permit no. 2015-031, and concur that it is binding and rests on mutual valuable consideration;
THEREFORE City and RPBCWD agree as follows that City, at its cost, will inspect and maintain the wetland and creek buffer as shown in the site plan attached to and incorporated into this Agreement as Exhibit A in perpetuity as follows:
1 1. BUFFER AREAS
a. Buffer vegetation must not be cultivated, cropped, pastured, mowed, fertilized, subject to the placement of mulch or yard waste, or otherwise disturbed, except for periodic cutting or burning that promotes the health of the buffer, actions to address disease or invasive species, mowing for purposes of public safety, temporary disturbance for placement or repair of buried utilities, or other actions to maintain or improve buffer quality and performance, each as approved by the District in advance in writing or when implemented pursuant to a written maintenance plan approved by the District.
b. Diseased, noxious, invasive or otherwise hazardous trees or vegetation may be selectively removed from buffer areas and trees may be selectively pruned to maintain health.
c. Pesticides and herbicides may be used in accordance with Minnesota Department of Agriculture rules and guidelines.
d. No fill, debris or other material will be placed within a buffer.
e. No structure or impervious cover (hard surface) may be created within a buffer area beyond that shown in the scaled site plan attached to this declaration as Exhibit A.
f. Permanent wetland buffer markers will be maintained in the locations shown on the approved site plan attached as Exhibit A. Language shall indicate the purpose of the buffer, restrictions, and the name and phone number of the Riley Purgatory Bluff Creek Watershed District.
2. Property Transfer. If City conveys into private ownership a fee interest in the property that is the subject of this Agreement, it shall require as a condition of sale, and enforce: (a) that the purchaser record a declaration on the property incorporating the maintenance requirements of this Agreement; and (b) that recordation occur either before any other encumbrance is recorded on the property or, if after, only as accompanied by a subordination and consent executed by the encumbrance holder ensuring that the declaration will run with the land in perpetuity. If City conveys into public ownership a fee interest in any property that has become subject to this Agreement, it shall require as a
2 condition of the purchase and sale agreement that the purchaser accept an assignment of all obligations vested under this Agreement.
3. 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 Company 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 Company shall comply with those requirements as if it were a government entity. All subcontracts entered into by Company in relation to this Agreement shall contain similar Data Practices Act compliance language.
4. This Agreement may be amended only in a writing signed by the parties.
5. 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: President, Board of Managers
City of City
By: ______Date: Its Mayor
By: ______Date: Its City Manager
3
CITY COUNCIL AGENDA DATE: July 14, 2015 SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Paul Schlueter 2016 CIP Plow Truck Purchase VIII.Q. Public Works / Fleet Services (CIP Project # 06804)
Requested Action
Move to: Approve purchase and early ordering of a new single axle dump truck with snow plow equipment off the State of Minnesota Cooperative Purchasing Venture in the amount of $202,674.82.
Synopsis
Eden Prairie’s approved Capital Improvement Plan (CIP) for 2016 includes the purchase of one (1) new single axle dump truck with snow plow equipment for Public Works (Project # 06804). There is currently very high consumer demand for this type of vehicle and equipment. Current order and production lead times for this equipment are showing anticipated delivery dates of June/July 2016. Staff is requesting approval to order this equipment now so that we will have the truck and equipment delivered in time for the 2016 fall/winter snow season. Payment of CIP funds will not occur until after January 1st 2016 when the chassis and equipment are actually delivered. The CIP budgeted amount for this purchase is $220,000.00
The City of Eden Prairie Public Works/ Fleet Services participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy goods and services under the terms of contracts already negotiated by the State of Minnesota. Joint Powers Agreements as listed in the City of Eden Prairie purchasing policy are also utilized. This new dump truck and snow plow equipment will be purchased using the State of Minnesota CPV program.
Attachment
2016 CIP Project # 06804
CITY COUNCIL AGENDA DATE: SECTION: Public Hearings 07/14/15
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Shops at Southwest Station IX.A. Development/Planning Janet Jeremiah/Regina Dean
Requested Action
Move to:
• Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 1.67 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Commercial Regional Service zoning district on 1.67 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions.
Synopsis
The site was originally approved in 1999 as a restaurant called Pickled Parrot (most recently Santorini’s) and is part of a previously approved Planned Unit Development (PUD) which includes Southwest Station Retail (multi-tenant building, Anchor Bank, and Ruby Tuesday), and Southwest Transit Station. Cross access and cross parking agreements are in place to help serve the overall PUD which are allowed by the private declaration of covenants, conditions, restrictions and easements that is associated with this property.
The proposal is for an 11,138 square foot multi-tenant retail building with a 2,389 square foot deck for restaurant tenant dining. The applicant proposes to remove the existing Santorini restaurant building, however intends to reuse a majority of the existing foundation and pilings for the proposed building.
There are 4 proposed tenants including 3 proposed restaurant uses and one dental office. The applicant provided a proposed parking ratio based on an anticipated tenant use of restaurant and office.
Proposed Use Estimated Number Parking Ratio Parking of Seats or Gross Required Floor Area Restaurant 124 seats 1/ 3 seats 41.3 Restaurant 63 seats 1/ 3 seats 21 Dental Office 2706 sq. ft. 5/1000 sq. ft. 13.5 Restaurant 46 seats 1/ 3 seats 15.3 Outdoor Patio 87 seats 1/ 3 seats 29 121 (rounded up from 120.1)
The proposed plan shows an additional 30 parking spaces for a total of 81 onsite parking spaces. 40 additional offsite parking spaces are available through a private declaration of covenants, conditions, restrictions and easements. The proposed parking meets city code requirements based on the proposed use of the building and the existing waiver that was granted in 1999. A total of 18 bike parking spaces are proposed.
It is possible for the tenant use within the leasable space to change overtime. Staff completed additional analysis of parking requirements based on potential tenant uses for the site.
All Retail Scenario:
Proposed Use Tenant Area Parking Ratio Parking Required Retail 3500 sq. ft. 5/1000 17.5 Retail 2400 sq. ft. 5/1000 12 Retail 2706 sq. ft. 5/1000 13.5 Retail 1991 sq. ft. 5/1000 9.9 53 (rounded up from 52.9)
Proposed Use Estimated Number Parking Parking Parking Parking of Seats Ratio Required Ratio Required Outdoor Patio Seats 87 1/ 2.5 seats 34.8 1/ 3 seats 29 35 (rounded 29 up from 34.8)
An all retail scenario meets city code parking requirements based on the existing waiver that was granted in 1999 and the available parking through the private declaration of covenants, conditions, restrictions and easements.
Below is a scenario of all restaurant uses:
Proposed Use Estimated Number Parking Parking Parking Parking of Seats Ratio Required Ratio Required Restaurant 124 1/ 2.5 seats 49.6 1/ 3 seats 41.3 Restaurant 63 1/ 2.5 seats 25.2 1/ 3 seats 21 Restaurant 63 1/ 2.5 seats 25.2 1/ 3 seats 21 Restaurant 46 1/ 2.5 seats 18.4 1/ 3 seats 15.3 119 99 (rounded (rounded up up from 98.6) from 118.4)
Proposed Use Estimated Number Parking Parking Parking Parking of Seats Ratio Required Ratio Required Outdoor Patio Seats 87 1/ 2.5 seats 34.8 1/ 3 seats 29 35 (rounded 29 up from 34.8)
In the 100 percent restaurant use scenario the parking need exceeds the available parking onsite and through the private declaration of covenants, conditions, restrictions and easements. This assumes that the indoor and outdoor areas are filled to capacity with customers.
Staff recommends that PUD waivers are carried over from the original PUD based on the new site plan for the front yard parking setback and offsite parking. Staff has a concern with the potential parking impacts of four restaurants uses within the building. Staff recommends that language is incorporated into the Development Agreement that reflects a maximum of three restaurant uses and one retail/office use for the site.
Benefits to granting the waivers include: continued use of shared parking which is consistent with principles of a transit oriented and mixed use development, enhanced architectural details into the building design, and extensive use of perennials along the site perimeter and building base which are not required by code, but enhance the site.
Planning Commission Recommendation
The Planning Commission voted 5-0 to recommend approval of the project at the June 22, 2015 meeting.
After Planning Commission review the applicant proposed minor changes to the architecture of the building. Since the changes are minor in scope, cosmetic only and do not increase the square footage of the building or architectural material breakdown staff supports the change. The proposed change is reflected in the plans provided for City Council review. Elevation reviewed by Planning Commission on June 22, 2015:
Proposed changes are circled in red and reflected in revised plans dated July 6, 2015 for City Council review:
Background
The 120-Day Review Period Expires on September 4, 2015
Attachments
1. Resolution 2. Ordinance 3. Staff Reports 4. Location Map 5. Land Use Map 6. Zoning Map 7. Aerial photo 8. Planning Commission Minutes
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2015-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF SHOPS AT SOUTHWEST STATION FOR VENTURE PASS PARTNERS, LLC
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on June 22, 2015 on Shops at Southwest Station by Venture Pass Partners, LLC and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and
WHEREAS, the City Council did consider the request on July 14, 2015.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows:
1. 13000 Technology Drive, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated July 6, 2015
3. That the PUD Concept meets the recommendations of the Planning Commission dated June 22, 2015.
ADOPTED by the City Council of the City of Eden Prairie this 14th day of July, 2015.
______Nancy Tyra-Lukens, Mayor ATTEST:
______Kathleen Porta, City Clerk
EXHIBIT A
PUD Concept- Legal Description:
Parcel 1
Lot 2, Block 1 Southwest Station, Hennepin County, Minnesota
Abstract property
Parcel 2
Easements contained in Declaration of Covenants, Conditions, Restrictions and Easements dated January 3, 2000, filed January 19, 2000 as Document No. 7264600, as amended by Document Nos. 7248625, 7907923, 8391982, 8586154, 8974173, 10003647, and 10153399.
SHOPS AT SOUTHWEST STATION
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. __-2015-PUD-__-2015
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be amended within the Commercial Regional Service Zoning District-2015-PUD-__-2015 (hereinafter "PUD-__- 2015-C-REG-SER).
Section 3. The City Council hereby makes the following findings:
A. PUD-__-2015- C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City.
B. PUD-__-2015- C-REG-SER is designed in such a manner to form a desirable and unified environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-__-2015- C-REG-SER are justified by the design of the development described therein.
D. PUD-__-2015- C-REG-SER is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit.
Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of ______2015, entered into between Venture Pass Partners, LLC, and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-__-2015-C-REG-SER, and are hereby made a part hereof.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Commercial Regional Service District and shall be included hereafter in the Planned Unit Development __-2015-C-REG-SER, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 14th day of July 2015, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the __ day of ______, 2015.
ATTEST:
______Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on______, 2015.
EXHIBIT A
PUD Legal Description –
Parcel 1
Lot 2, Block 1 Southwest Station, Hennepin County, Minnesota
Abstract property
Parcel 2
Easements contained in Declaration of Covenants, Conditions, Restrictions and Easements dated January 3, 2000, filed January 19, 2000 as Document No. 7264600, as amended by Document Nos. 7248625, 7907923, 8391982, 8586154, 8974173, 10003647, and 10153399.
STAFF REPORT
TO: Planning Commission
FROM: Regina Dean, Senior Planner
DATE: June 22, 2015
PROJECT: Shops at Southwest Station
LOCATION: 13000 Technology Drive
APPLICANT: Venture Pass Partners, LLC
OWNER: Minnwest Bank
120 DAY REVIEW: Expires September 4, 2015
REQUEST: • Planned Unit Development Concept Review on 1.67 acres • Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service zoning district on 1.67 acres • Site Plan Review on 1.67 acres
BACKGROUND
The Comprehensive Guide Plan shows the 1.67 acre property for Regional Commercial land use. Surrounding land uses consist of Regional Commercial, Park/Open Space and Office. The property is zoned Regional Service Commercial.
The site was originally approved in 1999 as a restaurant called Pickled Parrot (most recently Santorini’s) and is part of a previously approved Planned Unit Development (PUD) which includes Southwest Station Retail (multi-tenant building, Anchor Bank, and Ruby Tuesday), and Southwest Transit Station. Cross access and cross parking agreements are in place to help serve the overall PUD which are allowed by the private declaration of covenants, conditions, restrictions and easements that is associated with this property.
SITE PLAN
The project is an 11,138 square foot multi-tenant retail building with a 2,389 square foot deck for restaurant tenant dining. The applicant proposes to remove the existing Santorini restaurant building, however intends to reuse a majority of the existing foundation and pilings for the proposed building.
Staff Report – Shops at Southwest June 22, 2015 Page 2
The site has a base area/floor area ratio of 0.15. City code permits up to a 0.20 base area ratio for a single story building in the Regional Service Commercial zoning district.
There are 4 proposed tenants including 3 proposed restaurant uses and one dental office. The applicant provided a proposed parking ratio based on an anticipated tenant use of restaurant and office.
Proposed Use Estimated Number Parking Ratio Parking of Seats or Gross Required Floor Area Restaurant 124 seats 1/ 3 seats 41.3 Restaurant 63 seats 1/ 3 seats 21 Dental Office 2706 sq. ft. 5/1000 sq. ft. 13.5 Restaurant 46 seats 1/ 3 seats 15.3 Outdoor Patio 87 seats 1/ 3 seats 29 120.1
The proposed plan shows 81 onsite parking spaces and 40 offsite parking spaces which are available through a private declaration of covenants, conditions, restrictions and easements. The proposed parking meets city code requirements based on the proposed use of the building and the existing waiver that was granted in 1999. A total of 18 bike parking spaces are proposed.
It is possible for the tenant use within the leasable space to change overtime. Staff completed additional analysis of parking requirements based on potential tenant uses for the site.
All Retail Scenario:
Proposed Use Tenant Area Parking Ratio Parking Required Retail 3500 sq. ft. 5/1000 17.5 Retail 2400 sq. ft. 5/1000 12 Retail 2706 sq. ft. 5/1000 13.5 Retail 1991 sq. ft. 5/1000 9.9 53 (rounded up from 52.9)
Proposed Use Estimated Number Parking Parking Parking Parking of Seats Ratio Required Ratio Required Outdoor Patio Seats 87 1/ 2.5 seats 34.8 1/ 3 seats 29 35 (rounded 29 up from 34.8)
An all retail scenario meets city code parking requirements based on the existing waiver that was granted in 1999 and the available parking through the private declaration of covenants, conditions, restrictions and easements.
Staff Report – Shops at Southwest June 22, 2015 Page 3
Below is a scenario of all restaurant uses:
Proposed Use Estimated Number Parking Parking Parking Parking of Seats Ratio Required Ratio Required Restaurant 124 1/ 2.5 seats 49.6 1/ 3 seats 41.3 Restaurant 63 1/ 2.5 seats 25.2 1/ 3 seats 21 Restaurant 63 1/ 2.5 seats 25.2 1/ 3 seats 21 Restaurant 46 1/ 2.5 seats 18.4 1/ 3 seats 15.3 119 99 (rounded (rounded up up from 98.6) from 118.4)
Proposed Use Estimated Number Parking Parking Parking Parking of Seats Ratio Required Ratio Required Outdoor Patio Seats 87 1/ 2.5 seats 34.8 1/ 3 seats 29 35 (rounded 29 up from 34.8)
In the 100 percent restaurant use scenario the parking need exceeds the available parking onsite and through the private declaration of covenants, conditions, restrictions and easements. This assumes that the indoor and outdoor areas are filled to capacity with customers.
Through building permit review, staff will have the opportunity to work with the property owner and/or tenant to review proposed uses and number of restaurant seats to verify compliance with parking requirements at time of building permit.
ARCHITECTURE
The building exceeds the exterior building material standards for the Regional Service Commercial zoning district on all sides of the building. Enhanced architectural features include varying materials of brick, glass, cast stone, EIFS, and decorative awnings and LED lighting.
PLANNED UNIT DEVELOPMENT WAIVERS
The following PUD waivers should be carried over based on the new site plan: 1 Offsite Parking as allowed by the private declaration of covenants, conditions, restrictions and easements that is associated with this property. City Code requires parking to be accommodated onsite.
Offsite parking is an existing condition from the previously approved PUD and is accommodated through the private declarations noted earlier in this report. The applicant is also proposing to construct an additional row of 30 parking spaces onsite (for a total of 81 onsite stalls) which can be accommodated due to the proposed smaller building footprint.
Staff Report – Shops at Southwest June 22, 2015 Page 4
The applicant is providing 18 bicycle parking spaces near the entrance of the building to support alternative transportation options.
1. Front yard setback for parking from 35 feet to 17.5 feet abutting Technology Drive.
Parking will not be changed in this location. This is an existing condition.
Benefits to granting the waivers include: continued use of shared parking which is consistent with principles of a transit oriented and mixed use development, enhanced architectural details into the building design, and extensive use of perennials along the site perimeter and building base which are not required by code, but enhance the site. LANDSCAPING
Existing landscaping will remain onsite as originally planted. A new rainwater garden is proposed within the front yard setback along Technology Drive. Additional trees and perennials are proposed within the site which will provide additional plant variety and color.
The trees located in the center median near the entry are overgrown and limit site vision clearance. The existing pines within the center median will be removed and replaced with deciduous overstory trees and supplemental perennials.
The proposed landscape plan exceeds city code requirements.
GRADING AND DRAINAGE
A rainwater garden is proposed within the front yard setback along Technology Drive to assist with water quality, rate control, and volume requirements. In addition, a water quality treatment device is proposed within the parking lot area.
This site is within the Riley Purgatory Bluff Creek Watershed District. The applicant is working with the watershed district to obtain the appropriate permits.
SIGNS
The proposed wall and free standing signs meet city code. All sign permits will require review and approval through the sign permit process.
SITE LIGHTING
LED lighting is proposed for the site and building. The photometric plan meets City requirements.
Staff Report – Shops at Southwest June 22, 2015 Page 5
STAFF RECOMMENDATIONS
Recommend approval of the following request:
1. Planned Unit Development Concept Review on 1.67 acres 2. Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service zoning district on 1.67 acres 3. Site Plan Review on 1.67 acres
This is based on plans stamp dated June 2, 2015 and the following conditions:
1. Prior to building permit issuance for the property, the proponent shall:
A. Provide a landscaping surety equivalent to 150% of the cost of the landscaping plan for review and approval.
2. The following waivers have been granted through the PUD District Review for the property:
A. Offsite Parking as allowed by the private declaration of covenants, conditions, restrictions and easements that is associated with this property. City Code requires parking to be accommodated onsite. B. Front yard setback for parking from 35 feet to 17.5 feet abutting Technology Drive.
3. All signage shall require review and approval of a sign permit. Area Location Map-- Shops at Southwest Station
Address: 13000 Technology Drive
R D M A R G A AN Technology Drive PLAZA DR
212 ¤£ ¤£212
TECHNOLOGY DR
Prairie Center Drive
TECHNOLOGY DR PRAIRIE CENTER DR PRAIRIE CENTER DR SITE Technology Drive
0 250 500 1,000 Feet ¯ Guide Plan Map -Shops at Southwest Station 13000 Technology Drive, Eden Prairie, MN 55344
DR PLAZA DR ANAGRAM
Prairie Center Drive
P R A IR I E C E N SITE T DR Technology Drive E Y R G LO D O R N H C E T
City of Eden Prairie Land Use Guide Plan Map 2000-2020
Rural Residential 0.10 Units/Acre Neighborhood Commercial Low Density Residential 0-2.5 Units/Acre Community Commercial Streams Principal Arterial Low Density/Public/Open Space Regional Commercial A Minor Arterial ¯ Medium Density residential 2.5-10 Units/Acre Town Center B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 Medium Density Residential/Office Park/Open Space DATE Revised 01-07-05 DATE Revised 03-01-07 Major Collector DATE Revised 11-07-05 DATE Revised 06-01-07 High Density Residential 10-40 Units/Acre Public/Quasi-Public Minor Collector DATE Revised 02-23-06 DATE Revised 10-01-07 DATE Revised 03-23-06 DATE Revised 03-01-08 DATE Revised 06-23-06 Airport Golf Course DATE Revised 03-01-09 Office Church/ Cemetary DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctness of the information contained in this map. It is your responsibility to verify the accuracy of this information. In no event will The City of Eden Prairie be liable for any damages, including loss of business, lost profits, business interruption, loss of business information or other pecuniary loss that might arise from the use of this map or the information it Office/Industrial Open Water contains. Map information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should be reported to The City of Eden Prairie. M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd Map was Updated/Created: April 18, 2008 Office/Public/Open Space Right-Of-Way 490 245 0 490 Feet Industrial Zoning Map Shops at Southwest Station 13000 Technology Drive, Eden Prairie, MN 55344
EXECUTIVE DR
DR AM ANAGR
5 )" Prairie Center Drive
SITE Technology Drive
Rural Regional Commercial Shoreland Management Classifications R1-44 One Family- 44,000 sf. min. TC-C NE Natural Environment Waters R1-22 One Family-22,000 sf min. TC-R RD Recreational Development Waters R1-13.5 One Family-13,500 sf min. TC-MU GD General Development Waters (Creeks Only) ¯ R1-9.5 One Family-9,500 sf min. Industrial Park - 2 Acre Min, 100 - Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A. max. Industrial Park - 5 Acre Min. Up dated through approved Ordinances #19-2013 RM-2.5 Multi-Family-17.4 U.P.A. max. General Industrial - 5 Acre Min. Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition Office Public Date: March 1, 2014 Neighborhood Commercial Golf Course In case of discrepency related to a zoning classification on this zoning map, the Ordinance and attached legal description on file at Eden Prairie City Center will prevail. Community Commercial Water Highway Commercial Right of Way 0 0.125 0.25 DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctness of the information contained in this map. It is your responsibility to verify the accuracy of this information. In no event will The City of Eden Prairie be liable for any damages, including loss of business, lost profits, business interruption, loss of business information Regional Service Commercial or other pecuniary loss that might arise from the use of this map or the information it contains. Map information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should be reported to T he City of Eden Prairie. M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Miles Map was Updated/Created: June 11, 2014
Aerial Map-- Shops at Southwest Station
Address: 13000 Technology Drive
R D M A R G A AN Technology Drive PLAZA DR
212 ¤£ ¤£212
TECHNOLOGY DR
Prairie Center Drive
TECHNOLOGY DR PRAIRIE CENTER DR PRAIRIE CENTER DR SITE Technology Drive
0 250 500 1,000 Feet ¯ UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, JUNE 22, 2015 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road
COMMISSION MEMBERS: Jon Stoltz, John Kirk, Travis Wuttke, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr
STAFF MEMBERS: Julie Klima, City Planner Rod Rue, City Engineer Stu Fox, Manager of Parks and Natural Resources Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE – ROLL CALL
Vice Chair Kirk called the meeting to order at 7:00 p.m. Stoltz and Weber were absent.
II. APPROVAL OF AGENDA
MOTION by Higgins, seconded by Farr, to approve the agenda. Motion carried 5-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON MAY 11, 2015
MOTION by Higgins, seconded by Farr, to approve the minutes. Motion carried 5-0.
B. PLANNING COMMISSION MEETING HELD ON JUNE 8, 2015
MOTION by Higgins, seconded by Farr, to approve the minutes. Motion carried 5-0.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
C. SHOPS AT SOUTHWEST STATION by Venture Pass Partners, LLC Eden Prairie Planning Commission Minutes June 22, 2015 Page 2
Location: 13000 Technology Drive Request to: • Planned Unit Concept Review on 1.67 acres • Planned Unit Development District Review with waivers and Zoning District Amendment within the Regional Commercial Service zoning district on 1.67 acres • Site Plan Review on 1.67 acres
Dave Carland, representing Venture Pass Partners, presented the proposal. He said they are in the process of buying Santorini’s restaurant and would like toreconstruct a building and locate tenants in this area. He stated they will have high tech architecture and it will look nice.
Vice Chair Kirk asked Klima to review the staff report. Klima said the applicant proposes to put 4 new tenants in this structure. The waivers are existing conditions from prior PUD approvals.
Vice Chair Kirk opened the meeting up for public input. There was no input.
Farr asked if there will be a transformer in the southeast area of the property. Mr. Carland said Xcel will require the transformers to be outside.
Farr asked if they plan on using a pylon sign and will that be in the way of the LRT. Klima said the site plan does include a sign however all signage will need to go through the sign permitting process.
Farr said they are proposing LED fixtures for the parking lights and asked if this was okay with staff. Klima said what they are proposing is satisfactory to staff.
Higgins asked when they would like to start construction. The project proponent said they would like to start in the fall of 2015.
MOTION by Farr, seconded by Pieper, to close the public hearing. Motion carried 5-0.
MOTION by Farr, seconded by Higgins, to recommend approval of the Planned Unite Development Concept Review on 1.67 acres; Planned Unit Development District Review with waivers and Zoning District Amendment within the Regional Commercial Service zoning district on 1.67 acres and Site Plan Review on 1.67 acres based on plans stamp dated June 2, 2015 and the information included in the staff report dated June 22, 2015. Motion carried 5- 0.
VII. PLANNERS’ REPORT
Eden Prairie Planning Commission Minutes June 22, 2015 Page 3
A. DRAFT TOD ORDINANCE
Regina Dean presented a PowerPoint presentation that provided an overview of the draft proposed ordinance. Since the February 9, 2015 Planning Commission meeting staff has obtained additional feedback through internal TOD staff meetings, public outreach with the Chamber of Commerce Government Committee and conducted a series of 1 on 1 stakeholder meetings with property representatives that could be affected by the proposed ordinance. This presentation is for information only and no action is required by the Planning Commission. The draft TOD ordinance will be scheduled for a Public Hearing at the July 13, 2015 Planning Commission meeting where a formal recommendation will be requested. It could be presented to the City Council on August 18, 2015.
VIII. MEMBERS’ REPORT
A. COMMUNITY ADVISORY COMMITTEE –LIGHT RAIL
Pieper said the next meeting will be Tuesday, June 30th.
IX. CONTINUING BUSINESS
No continuing business.
X. NEW BUSINESS
Vice Chair Kirk wanted to thank Stu Fox for his 38 years of service as he is retiring.
XI. ADJOURNMENT
MOTION by Pieper, seconded by Higgins, to adjourn the Planning Commission meeting. Motion carried 5-0.
There being no further business, the meeting was adjourned at 9:07 p.m. CITY COUNCIL AGENDA DATE:
July 14, 2015 SECTION: Payment of Claims
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Payment of Claims X. City Manager/Finance
Requested Action
Move to: Approve the Payment of Claims as submitted (roll call vote)
Synopsis
Checks 239136 - 239688
Wire Transfers 1011034 - 1011273
Wire Transfers 5456 - 5471
City of Eden Prairie Council Check Summary 7/14/2015
Division Amount Division Amount
General 30,147 601 Prairie Village Liquor 224,448 100 City Manager 648 602 Den Road Liquor 351,850 102 Legal Counsel 38,229 603 Prairie View Liquor 235,297 110 City Clerk 79 605 Den Road Building 5,100 111 Customer Service 8,849 701 Water Fund 283,701 112 Human Resources 2,384 702 Sewer Fund 34,516 113 Communications 4,724 703 Storm Drainage Fund 61,381 114 Benefits & Training 5,332 Total Enterprise Fund 1,196,292 131 Finance 2,988 132 Housing and Community Services 8,155 133 Planning 1,082 136 Public Safety Communications 10,077 803 Escrow Fund 3,150 150 Park Administration 468 806 SAC Agency Fund 14,910 151 Park Maintenance 175,203 807 Benefits Fund 1,156,377 153 Organized Athletics 6,934 810 Workers Comp Insurance 164,329 154 Community Center 21,194 812 Fleet Internal Service 256,867 156 Youth Programs 14,035 813 IT Internal Service 69,162 157 Special Events 20,090 814 Facilities Capital ISF 87,676 158 Senior Center 3,206 815 Facilites Operating ISF 54,405 159 Recreation Administration 475 816 Facilites City Center ISF 78,215 160 Therapeutic Recreation 886 817 Facilites Comm. Center ISF 66,059 162 Arts 18,419 Total Internal Service Fund 1,951,150 163 Outdoor Center 632 164 Park Rental Facilities 322 Report Total 7,114,160 168 Arts Center 1,347 180 Police 57,594 184 Fire 44,991 186 Inspections 865 200 Engineering 734 201 Street Maintenance 74,285 202 Street Lighting 69,747 Total General Fund 624,122
301 CDBG 15,091 303 Cemetary Operation 248 Total Special Revenue Fund 15,339
433 2007A Facility Lease-3rd Rink 2,150 Total Debt Services 2,150
309 DWI Forfeiture 1,376 315 Economic Development 63,066 316 WAFTA 138 445 Cable PEG 1,014 522 Improvement Projects 2006 679 527 CIP - Leasing Costs 884,320 528 Shady Oak Rd-CR 61 North 38,374 529 Shady Oak Rd-CR 61 South 623,217 530 Pool Upgrade/Expansion 1,605,645 531 Eden Prairie Road 84,842 532 EP Road Connect Flying Cloud 2,348 534 West 70th Street Extension 20,088 Total Capital Projects 3,325,107 City of Eden Prairie Council Check Register 7/14/2015
Check # Amount Supplier / Explanation Account Description Business Unit Explanation
239543 1,571,388 RJM CONSTRUCTION INC Building Aquatics & Fitness Expansion Aquatics & Fitness Expansion 239554 884,320 SUPERVALU Other Contracted Services CIP - Leasing Costs Tenant Improvements 239272 546,934 C S MCCROSSAN CONSTRUCTION INC Improvement Contracts Shady Oak Rd-CR 61 South Shady Oak Interchange 5468 258,714 CERIDIAN Federal Taxes Withheld Health and Benefits Health and Benefits 5457 246,531 CERIDIAN Federal Taxes Withheld Health and Benefits Health and Benefits 239585 242,089 HEALTHPARTNERS Accounts Receivable Health and Benefits Health Insurance 239649 163,241 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance Workers Comp Premium 239209 162,652 NELSON AUTO CENTER, INC Autos Police Police Vehicles 5471 154,169 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 5460 153,147 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 5466 121,229 MINNESOTA DEPT OF REVENUE Sales Tax Payable Escrow Fund Sales Tax 1011127 113,201 MINNESOTA ROADWAYS CO Other Contracted Services Park Construction 1011203 83,832 SRF CONSULTING GROUP INC Design & Engineering WEST 70TH ST. EXTENSION 1011131 76,735 NORTHWEST ASPHALT Improvement Contracts Eden Prairie Road 1011142 74,941 XCEL ENERGY Electric Public Safety Communications 1011086 67,187 XCEL ENERGY Electric Traffic Signals 239319 63,541 GARDNER BUILDERS Other Contracted Services Facilities Capital 239225 60,000 SHELTER CORPORATION TIF Payment Project Fund 239195 51,700 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 239347 46,679 KEYS WELL DRILLING COMPANY Other Contracted Services Water Wells 1011065 45,582 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Council 239337 45,563 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 239503 44,462 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 239602 39,405 SIR LINES-A-LOT Other Contracted Services Traffic Signs 1011211 35,551 XCEL ENERGY Electric Traffic Signals 239645 35,490 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 239407 35,092 SOUTHERN WINE & SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 239158 35,000 CORNERSTONE Other Contracted Services Police 1011189 33,621 J&D WINDOW CLEANING Building Repair & Maint. City Hall - CAM 1011197 30,394 MINNESOTA DIRT WORKS INC Improvement Contracts Shady Oak Rd-CR 61 North 1011135 30,305 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Wellhead Protection Plan 1011193 28,547 LOGIS Network Support IT Operating 239630 26,718 HAMMEL, GREEN AND ABRAHAMSON Design & Engineering Aquatics & Fitness Expansion 239376 25,847 NELSON AUTO CENTER, INC Autos Park and Recreation 239670 25,722 SOUTHERN WINE & SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 5470 23,724 ING Deferred Compensation Health and Benefits 5459 23,329 ING Deferred Compensation Health and Benefits 1011181 22,791 DIVERSE BUILDING MAINTENANCE Tenant 1 - Janitor Service Den Road Liquor Store 239230 22,550 SOUTHERN WINE & SPIRITS OF MN Liquor - Incentives Prairie View Liquor Store 239653 22,360 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 1011059 21,922 DIVERSE BUILDING MAINTENANCE Janitor Service Public Works/Parks 239658 21,231 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 239245 19,908 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 239513 19,307 MARCO INC Equipment Repair & Maint IT Capital 239687 19,078 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Den Road Liquor Store 239310 18,473 FINLEY BROS INC Seal Coating Park Maintenance Check # Amount Supplier / Explanation Account Description Business Unit Explanation
239539 17,520 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 239644 16,898 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 1011137 16,861 THORPE DISTRIBUTING Liquor Product Received Prairie View Liquor Store 1011080 16,740 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store 239568 16,412 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie Village Liquor Store 239307 16,000 EMERGENCY COMMUNICATIONS NETWORK INC Other Contracted Services Emergency Preparedness 239427 15,876 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 1011060 15,791 ESS BROTHERS & SONS INC Repair & Maint. Supplies Water System Maintenance 239336 15,549 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 239516 14,761 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 239246 14,234 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store 239548 14,173 SOUTHERN WINE & SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 239362 14,066 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 5469 13,837 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 1011173 13,660 WENCK ASSOCIATES INC Design & Engineering Storm Drainage 239686 13,657 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Den Road Liquor Store 5458 13,590 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 1011266 13,457 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 239540 13,397 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 1011037 13,352 DAY DISTRIBUTING Liquor Product Received Prairie View Liquor Store 239216 13,094 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1011180 12,612 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 1011246 12,465 CLAUDE'S CERAMIC TILE INC Other Contracted Services Facilities Capital 239629 12,429 GRAYMONT Treatment Chemicals Water Treatment Plant 239484 12,257 GRAYMONT Treatment Chemicals Water Treatment Plant 239321 12,111 GRAYMONT Treatment Chemicals Water Treatment Plant 239567 11,866 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 239428 11,340 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie Village Liquor Store 239435 11,169 AMERICAN ENGINEERING TESTING INC Testing - Soil Boring Shady Oak Rd-CR 61 South 1011205 10,557 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1011066 10,557 HAWKINS INC Equipment Parts Water Treatment Plant 1011067 9,906 JEFFERSON FIRE & SAFETY INC Operating Supplies Fire 1011225 9,806 DAY DISTRIBUTING Liquor Product Received Den Road Liquor Store 1011098 9,521 INTEGRITY REMODELING & DESIGN GROUP LLC Equipment Repair & Maint Utility Operations - General 239389 8,763 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 5463 8,672 GENESIS EMPLOYEE BENEFITS, INC HSA - Employer Health and Benefits 5464 8,672 GENESIS EMPLOYEE BENEFITS, INC HSA - Employer Health and Benefits 239175 8,264 GRAYMONT Treatment Chemicals Water Treatment Plant 239502 8,263 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 239596 8,000 PROP Other Contracted Services Housing and Community Service 239662 7,845 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 239535 7,708 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1011269 7,539 VTI Building Aquatics & Fitness Expansion 239194 7,526 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 239448 7,500 BIG PICTURE, THE Other Contracted Services CmtyCtr Pool Upgrade/Expansion 239676 7,400 THYMES TWO INC Contract Svcs - Lawn Maint. Arts Center 1011082 7,381 VTI Equipment Repair & Maint Public Safety Communications 239667 7,147 SHORT ELLIOTT HENDRICKSON INC Design & Engineering Eden Prairie Road 1011046 7,095 PLEHAL BLACKTOPPING INC Equipment Repair & Maint Rehab 239311 7,075 FIRE CATT LLC Equipment Testing/Cert. Fire 239501 6,965 J & N WEED HARVESTING INC Other Contracted Services Storm Drainage Check # Amount Supplier / Explanation Account Description Business Unit Explanation
239511 6,948 LAWRENCE SIGN Right of Way & Easement Shady Oak Rd-CR 61 North 1011218 6,668 BIFFS INC Waste Disposal Park Maintenance 1011196 6,639 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1011091 6,545 DAY DISTRIBUTING Liquor Product Received Prairie View Liquor Store 239157 6,512 COMMERCIAL ASPHALT CO Patching Asphalt Water System Maintenance 1011219 6,204 CBIZ BENEFITS & INSURANCE SERVICES INC Other Contracted Services Health and Benefits 239528 6,192 OPEN PLAN SYSTEMS Capital Under $25,000 FF&E - Furn, Fixtures & Equip. 239351 6,000 LANO EQUIPMENT INC Equipment Repair & Maint Storm Drainage 239580 5,750 DICK WHITBECK MUSIC INC Other Contracted Services July 4th Celebration 1011151 5,489 DAY DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1011051 5,300 STONEBROOKE Autos Police 1011075 5,231 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 1011228 5,125 GREENSIDE INC Contract Svcs - Lawn Maint. City Hall - CAM 239504 5,103 JOHNSON CONTROLS Building Repair & Maint. Utility Operations - General 1011252 5,015 HANSEN THORP PELLINEN OLSON Design & Engineering Storm Drainage 239586 5,000 HELLO! BOOKING INC Other Contracted Services July 4th Celebration 239386 4,779 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 1011217 4,707 YOUNGSTEDTS COLLISION CENTER Autos Police 239421 4,663 VERIZON WIRELESS Other Contracted Services IT Operating 1011176 4,653 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations - General 239680 4,418 VALLEY RICH CO INC Equipment Repair & Maint Sewer System Maintenance 239187 4,342 INDEPENDENT SCHOOL DIST 272 Building Rental Winter Theatre 239242 4,266 US POSTMASTER Postage Communications 1011084 4,218 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 1011057 4,194 A-SCAPE INC Contract Svcs - Lawn Maint. Fire Station #4 1011043 4,140 LEGACY GYMNASTICS Instructor Service Lesson Skills Development 1011040 4,099 GREENSIDE INC Contract Svcs - Lawn Maint. City Hall - CAM 239655 4,096 MINNESOTA SAFETY SERVICES LLC Other Contracted Services Aquatics Admin. 239431 4,096 PROP Refunds CDBG - Public Service 239576 4,086 BRYAN ROCK PRODUCTS INC Gravel Storm Drainage 1011186 4,038 GENUINE PARTS COMPANY Reimbursement Fleet Operating 239244 3,990 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 239460 3,950 CLIFTONLARSONALLEN LLP Audit & Financial Finance 1011256 3,950 MENARDS Operating Supplies Utility Operations - General 239154 3,938 CENTURYLINK Telephone IT Telephone 239167 3,924 EATS Operating Supplies Wine Club/Events 239215 3,913 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 1011238 3,911 WENCK ASSOCIATES INC Design & Engineering Storm Drainage 1011100 3,791 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Flying Cloud Fields 239143 3,772 AVR INC Asphalt Overlay Park Construction 239605 3,750 TWIN CITIES FANTASY FACTORY LLC Other Contracted Services July 4th Celebration 239464 3,745 COMMERCIAL ASPHALT CO Repair & Maint. Supplies Street Maintenance 239566 3,695 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 239635 3,624 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 239524 3,611 NAC Contract Svcs - HVAC Utility Operations - General 239190 3,578 INTERTECH INC Other Contracted Services IT Operating 239426 3,553 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 239685 3,548 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 239193 3,500 JIM HOEFT SIGNS, INC Other Contracted Services Park Maintenance 239226 3,500 SLAMHAMMER SOUND CO, INC Other Contracted Services July 4th Celebration 239266 3,457 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store Check # Amount Supplier / Explanation Account Description Business Unit Explanation
239260 3,392 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 239582 3,386 GRANT'S PRECISION PAINTING LLC Other Contracted Services Rehab 239277 3,347 CEMSTONE PRODUCTS COMPANY Repair & Maint. Supplies Street Maintenance 239480 3,344 GARDNER BUILDERS Other Contracted Services Facilities Capital 239163 3,230 DELANEY CONSULTING Other Contracted Services Prairie Village Liquor Store 239467 3,230 DELANEY CONSULTING Other Contracted Services Prairie Village Liquor Store 239571 3,226 MCELLIGOTT ADVERTISING INC Operating Supplies Police 239532 3,214 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 1011265 3,180 STREICHERS Protective Clothing Police 239222 3,175 PUDAS, MATTHEW Improvement Contracts Storm Drainage 239401 3,144 SELECT COMFORT CORPORATION Other Contracted Services Facilities Capital 1011054 3,121 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference - Cmty Ctr 239660 3,110 NORTHSTAR MUDJACKING & MORE LLC Mudjacking Curbs Drainage 1011113 3,026 VINOCOPIA Liquor Product Received Den Road Liquor Store 239220 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 239160 2,977 CRETEX SPECIALTY PRODUCTS Repair & Maint. Supplies Sewer System Maintenance 239615 2,934 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 1011099 2,922 INTEREUM INC Capital Under $25,000 FF&E - Furn, Fixtures & Equip. 239519 2,893 MINNESOTA TROPHIES & GIFTS Operating Supplies Fire 239205 2,879 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 239527 2,875 NORTHSTAR MUDJACKING & MORE LLC Mudjacking Curbs Drainage 1011118 2,859 CDW GOVERNMENT INC. Operating Supplies IT Operating 239333 2,833 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 239661 2,800 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 1011187 2,773 GRAINGER Repair & Maint. Supplies Water Treatment Plant 239509 2,754 KODIAK CUSTOM LETTERING INC Clothing & Uniforms Community Center Admin 239239 2,700 T-MOBILE USA Other Contracted Services Police 1011132 2,634 POMP'S TIRE SERVICE INC Tires Fleet Operating 239338 2,597 JOHNSON CONTROLS Building Repair & Maint. Utility Operations - General 1011194 2,590 LUBRICATION TECHNOLOGIES INC Lubricants & Additives Fleet Operating 1011271 2,582 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 239474 2,560 EULL'S MANUFACTURING CO INC Repair & Maint. Supplies Sewer System Maintenance 239144 2,550 BAKER Other Contracted Services Facilities Capital 1011125 2,514 HAWKINS INC Treatment Chemicals Water Treatment Plant 239142 2,506 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 239627 2,422 GENERAL OFFICE PRODUCTS COMPANY Supplies - General Building City Center Operations 239549 2,415 SOUTHWEST SUBURBAN PUBLISHING-CLASSIFIED Legal Notices Publishing Staring Lake Concert 239243 2,414 WEBBER RECREATIONAL DESIGN INC Equipment Parts Riley Lake 239632 2,359 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 239208 2,355 NATIONAL MARTIAL ARTS ASSOCIATION, INC Instructor Service Lesson Skills Development 239470 2,347 DSO ARCHITECTURE INC Other Contracted Services Facilities Capital 1011213 2,289 BERRY COFFEE COMPANY Merchandise for Resale Concessions 239457 2,257 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Storm Drainage 239491 2,225 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 239564 2,150 WELLS FARGO BANK MINNESOTA NA Paying Agent 2007A Facility Lease-3rd Rink 239375 2,149 NAC Supplies - Plumbing City Hall - CAM 239614 2,143 CEMSTONE CONTRACTOR SUPPLY Asphalt Overlay Storm Drainage 1011070 2,121 MINNESOTA RECREATION & PARK ASSOCIATION Special Event Fees Softball 239206 2,091 MN DEPT OF TRANSPORTATION Testing - Soil Boring Traffic Signals 239641 2,033 INDEPENDENT SCHOOL DISTRICT 270 Fiber Lease Payments IT Operating 1011119 2,032 CENTERPOINT ENERGY Gas Water Treatment Plant Check # Amount Supplier / Explanation Account Description Business Unit Explanation
1011179 2,026 CDW GOVERNMENT INC. Capital Under $25,000 IT Operating 1011044 2,026 MPX GROUP, THE Printing Senior Center Admin 239149 2,012 BOLTON & MENK INC Design & Engineering Storm Drainage 239188 2,000 INSTITUTE OF CULTURAL AFFAIRS Conference/Training Administration 239546 2,000 SOCCER SHOTS Instructor Service Preschool Events 239178 1,958 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 239517 1,953 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 239656 1,911 MN DEPT OF TRANSPORTATION Equipment Repair & Maint Shady Oak Rd-CR 61 South 239482 1,904 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations - General 1011140 1,860 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 1011056 1,860 ANCHOR PAPER COMPANY Office Supplies Customer Service 239643 1,848 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 239471 1,842 E A SWEEN COMPANY Merchandise for Resale Concessions 1011117 1,810 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 239666 1,800 QUANTUM ART INC Software Maintenance IT Operating 1011236 1,795 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference - Cmty Ctr 1011255 1,764 KIDCREATE STUDIO Instructor Service Playgrounds 239456 1,736 CEMSTONE CONTRACTOR SUPPLY Asphalt Overlay Street Maintenance 239677 1,716 TRI STATE PUMP & CONTROL Supplies - Plumbing City Center Operations 239608 1,680 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1011097 1,659 HIRSHFIELD'S Repair & Maint. Supplies Water System Maintenance 239588 1,650 IAFC Dues & Subscriptions Fire 239657 1,640 MN MECHANICAL SOLUTIONS INC Equipment Repair & Maint Water Treatment Plant 1011129 1,636 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1011272 1,634 WM MUELLER AND SONS INC Patching Asphalt Water System Maintenance 1011259 1,634 MINNESOTA ROADWAYS CO Patching Asphalt Fire Station #3 1011123 1,632 FILTRATION SYSTEMS Supplies - HVAC City Hall - CAM 1011172 1,632 VINOCOPIA Liquor Product Received Den Road Liquor Store 1011241 1,609 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 239434 1,608 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance 239631 1,600 HENNEPIN TECHNICAL COLLEGE Other Contracted Services Organizational Services 239289 1,593 COMMERCIAL DOOR SYSTEMS INC Building Repair & Maint. Water Treatment Plant 239377 1,558 NORTHSTAR MUDJACKING & MORE LLC Mudjacking Curbs Street Maintenance 239570 1,556 ZACKS INC Cleaning Supplies Utility Operations - General 1011209 1,544 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 239559 1,540 ULTIMATE EVENTS, INC Other Rentals July 4th Celebration 239320 1,509 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 1011210 1,481 WM MUELLER AND SONS INC Repair & Maint. Supplies Water System Maintenance 239290 1,474 COSTCO Miscellaneous Organizational Services 1011112 1,466 VAN PAPER COMPANY Cleaning Supplies Pool Maintenance 239139 1,440 ALTERNATIVE BUSINESS FURNITURE INC Equipment Repair & Maint Water Metering 239152 1,382 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Storm Drainage 239409 1,360 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 239476 1,359 FLYING CLOUD T/S #U70 Waste Disposal Park Maintenance 239668 1,349 SIGNATURE MEDIA GROUP INC Seal Coating Street Maintenance 239331 1,348 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 1011162 1,334 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Hall - CAM 239624 1,313 EHLERS & ASSOCIATES INC Other Contracted Services Project Fund 1011089 1,309 BRAUN INTERTEC CORPORATION Other Contracted Services CmtyCtr Pool Upgrade/Expansion 1011045 1,304 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 1011177 1,301 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store Check # Amount Supplier / Explanation Account Description Business Unit Explanation
239173 1,274 GOODPOINTE TECHNOLOGY (C/O ZOOM) Other Contracted Services Trail Construction 239198 1,273 MACQUEEN EQUIPMENT INC Equipment Repair & Maint Sewer System Maintenance 239159 1,272 COUNTY MATERIALS CORPORATION Repair & Maint. Supplies Storm Drainage 239151 1,259 BRYAN ROCK PRODUCTS INC Gravel Storm Drainage 239231 1,248 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 239441 1,244 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 239172 1,228 GENERAL OFFICE PRODUCTS COMPANY Contract Svcs - General Bldg Public Works/Parks 1011053 1,222 USA MOBILITY WIRELESS INC Pager & Cell Phone IT Operating 1011134 1,219 SHI CORP Software Maintenance IT Operating 239252 1,200 AIRWATCH LLC Software Maintenance IT Operating 239510 1,200 LANO EQUIPMENT INC Operating Supplies Park Maintenance 239525 1,200 NEVEAUX, JACK JR Other Contracted Services Summer Theatre 1011231 1,200 JOHNSTONE SUPPLY Building Repair & Maint. Ice Arena Maintenance 239628 1,176 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 239622 1,167 EATS Operating Supplies Wine Club/Events 239442 1,164 ARVIG Fiber Lease Payments IT Operating 239494 1,164 IDCSERVCO Operating Supplies Community Center Admin 239199 1,153 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Den Road Liquor Store 1011170 1,150 TITAN ENERGY SYSTEMS Contract Svcs - Fire/Life/Sfty City Hall - CAM 239155 1,124 CENTURYLINK Telephone IT Operating 239489 1,104 HENNEPIN COUNTY I/T DEPT Software Maintenance Public Safety Communications 239413 1,100 STAPLES ADVANTAGE Operating Supplies Police 239185 1,088 IND SCHOOL DIST 272 Gym Rental Adult Open Gym 239650 1,088 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance 239171 1,083 EULL'S MANUFACTURING CO INC Repair & Maint. Supplies Storm Drainage 1011085 1,044 WM MUELLER AND SONS INC Repair & Maint. Supplies Street Maintenance 1011212 1,022 ADAMS PEST CONTROL INC Contract Svcs - Pest Control Outdoor Center Facilities 1011160 1,021 JOHN DEERE LANDSCAPES/LESCO Chemicals Purgatory Creek Park 1011184 1,003 ESS BROTHERS & SONS INC Repair & Maint. Supplies Storm Drainage 239229 1,000 SOUTHDALE YMCA - CHILD CARE Refunds CDBG - Public Service 239477 1,000 FORSGREN, CINDY WADE Other Contracted Services Summer Theatre 239485 1,000 HARD DAY'S NIGHT-A BEATLES TRIBUTE Other Contracted Services Staring Lake Concert 239671 975 SPECIALTY TURF & AG INC Landscape Materials/Supp Street Maintenance 1011077 974 SHI CORP Software IT Operating 1011145 968 BRAUN INTERTEC CORPORATION Testing - Soil Boring WEST 70TH ST. EXTENSION 1011083 966 WATSON CO INC, THE Merchandise for Resale Concessions 239551 962 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 239302 945 EHLERS & ASSOCIATES INC Deposits Escrow 239214 914 PAPCO INC Janitor Service Fitness/Conference - Cmty Ctr 1011058 914 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1011171 905 VAN PAPER COMPANY Tenant 1 - Cleaning Suppli Fitness/Conference - Cmty Ctr 239651 903 MACQUEEN EQUIPMENT INC Equipment Parts Sewer System Maintenance 239515 900 MCINTYRE, ROBIN Other Contracted Services Summer Theatre 239561 900 VERLEY, TARYN Other Contracted Services Summer Theatre 239436 894 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Fire 239140 880 AMERICAN PLANNING ASSN Dues & Subscriptions Planning 1011183 879 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 239438 867 APPERT'S FOODSERVICE Merchandise for Resale Concessions 239452 852 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 239499 840 INNOVATIVE GRAPHICS Clothing & Uniforms Playgrounds 1011201 828 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store Check # Amount Supplier / Explanation Account Description Business Unit Explanation
1011035 820 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 1011136 816 STREICHERS Clothing & Uniforms Animal Control 239682 806 WEIGHT WATCHERS NORTH AMERICA INC Other Contracted Services Organizational Services 239563 800 WARHOL, MELISSA Other Contracted Services Summer Theatre 239408 795 SOUTHWEST TRANSIT Outside Water Sales Escrow 239488 793 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 239534 787 PETTY CASH Mileage & Parking Prairie View Liquor Store 1011191 785 LANDS END CORPORATE SALES Clothing & Uniforms Police 1011064 779 GRANICUS INC Equipment Repair & Maint Cable PEG 1011139 778 US HEALTH WORKS MEDICAL GRP MN, PC Employment Support Test Organizational Services 239210 773 NEW BRIGHTON FORD Equipment Parts Fleet Operating 239219 765 PLASTIC BAG MART Liquor Product Received Den Road Liquor Store 1011161 765 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment Plant 239555 760 TACTICAL SOLUTIONS INC Equipment Repair & Maint Police 5465 756 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 239153 750 CENTERLINE SOLUTIONS LLC Developer Fees Escrow 239479 750 GALACTIC COWBOY ORCHESTRA, THE Other Contracted Services Staring Lake Concert 1011226 747 EXTREME BEVERAGE Liquor Product Received Den Road Liquor Store 1011148 743 COX, KIM Tuition Reimbursement/School Organizational Services 239380 742 OMEGA INDUSTRIES Machinery & Equipment Park Maintenance 239306 736 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Police 1011250 729 FILTRATION SYSTEMS Supplies - HVAC Fitness/Conference - Cmty Ctr 1011041 725 HIRSHFIELD'S Repair & Maint. Supplies Water Treatment Plant 239642 720 INNOVATIVE GRAPHICS Clothing & Uniforms Tennis 239458 719 CINTAS CORPORATION Cleaning Supplies Utility Operations - General 239213 704 ONCE UPON A STAR Instructor Service Preschool Events 239619 704 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 239487 700 HEALTHPARTNERS Health & Fitness Fire 1011071 686 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1011204 685 STREICHERS Clothing & Uniforms Police 1011190 684 KUSTOM SIGNALS INC Equipment Repair & Maint Police 1011185 680 FASTSIGNS Printing Summer Theatre 1011220 679 SRF CONSULTING GROUP INC Design & Engineering Improvement Projects 2006 239445 678 BAUHAUS BREW LABS, LLC Liquor Product Received Prairie Village Liquor Store 1011079 670 STREICHERS Clothing & Uniforms Police 239599 670 SANDS, DIANE Refunds Storm Drainage 239450 665 BLOOMINGTON, CITY OF Kennel Services Animal Control 1011122 664 FASTSIGNS Operating Supplies Staring Lake Concert 239264 660 BCA Employment Support Test Fire 239228 660 SONBARSE, ANJALI Deposits-P&R Refunds Community Center Admin 239240 659 UNIFORMS UNLIMITED Clothing & Uniforms Police 1011094 652 FLEETPRIDE INC Equipment Parts Fleet Operating 1011237 650 VINOCOPIA Liquor Product Received Den Road Liquor Store 1011223 649 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations - General 1011257 647 METRO SALES INCORPORATED* Equipment Rentals IT Operating 239573 647 ADESA MPLS Miscellaneous DWI Forfeiture 239292 646 CRETEX CONCRETE PRODUCTS MIDWEST INC Repair & Maint. Supplies Storm Drainage 239433 646 ADESA MPLS Miscellaneous DWI Forfeiture 1011174 635 YOUNGSTEDTS COLLISION CENTER Equipment Parts Fleet Operating 239446 630 BCA/CRIMINAL JUSTICE TRAINING & EDUCATIO Tuition Reimbursement/School Police 239146 625 BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance Check # Amount Supplier / Explanation Account Description Business Unit Explanation
239552 625 SPLATTER SISTERS, THE Other Contracted Services Theatre Initiative 1011116 620 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 239613 620 BRUCE METAL WORKS INC Signs Traffic Signs 1011115 616 A-SCAPE INC Contract Svcs - Lawn Maint. Den Bldg. - CAM 239180 614 IND SCHOOL DIST 272 Gym Rental Volleyball 239536 614 PINNACLE DISTRIBUTING Liquor Product Received Den Road Liquor Store 239654 611 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Concessions 239444 600 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 1011062 595 GOVDELIVERY Software Maintenance IT Operating 239234 595 STAR Conference/Training Facilities Staff 239170 593 EDENVALE GLEN TOWNHOUSE ASSOC Refunds Storm Drainage 239652 588 MALONE, TOM Instructor Service Preschool Events 239597 585 READY WATT ELECTRIC Equipment Repair & Maint Emergency Preparedness 1011055 583 VINOCOPIA Liquor Product Received Prairie View Liquor Store 239237 582 SUPERIOR STRIPING INC Contract Svcs - Asphalt/Concr. Fire Station #1 239181 580 IND SCHOOL DIST 272 Gym Rental Volleyball 1011146 580 CHEMSEARCH Contract Svcs - Ice Rink Ice Arena Maintenance 239621 572 E A SWEEN COMPANY Merchandise for Resale Concessions 239414 565 SUMMIT COMMERCIAL FACILITIES GROUP Contract Svcs - Electrical Garden Room Repairs 239183 563 IND SCHOOL DIST 272 Gym Rental Volleyball 239440 555 ARCVISION, INC Application Fees General Fund 239184 553 IND SCHOOL DIST 272 Gym Rental Volleyball 1011141 547 WM MUELLER AND SONS INC Patching Asphalt Round Lake 1011169 543 THE OASIS GROUP Employee Assistance Organizational Services 1011247 540 CONCRETE CUTTING & CORING INC Equipment Parts Street Maintenance 239174 533 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 239443 525 BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance 1011157 517 FLEETPRIDE INC Equipment Parts Fleet Operating 239530 517 OXYGEN SERVICE COMPANY EMS Supplies Fire 239577 514 CEMSTONE PRODUCTS COMPANY Other Contracted Services Trail Construction 239579 511 DEAN, BLAKE Other Contracted Services Rehab 239636 510 IND SCHOOL DIST 272 Building Rental Summer Theatre 1011049 510 RUE, RODNEY Conference/Training Engineering 239273 506 CALIFORNIA CONTRACTORS SUPPLIES INC Protective Clothing Utility Operations - General 239168 504 EDEN PRAIRIE COMMUNITY EDUCATION Instructor Service Senior Center Programs 239472 501 EMERGENCY RESPONSE SOLUTIONS Equipment Parts Emergency Preparedness 239259 497 ARROW GLOBAL ASSET DISPOSITION INC Miscellaneous IT Operating 1011081 495 US HEALTH WORKS MEDICAL GRP MN, PC Employment Support Test Organizational Services 239182 491 IND SCHOOL DIST 272 Gym Rental Basketball 239379 490 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Storm Drainage 1011270 484 WATSON CO INC, THE Merchandise for Resale Concessions 1011195 481 MENARDS Equipment Parts Park Shelters 239537 481 PITNEY BOWES Postage Customer Service 239453 473 BRIN NORTHWESTERN GLASS COMPANY Contract Svcs - General Bldg Park Shelters 239623 473 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous Administration 239497 465 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 239648 465 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Public Works/Parks 239227 461 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 239250 460 AGAPE MECHANICAL LLC Mechanical Permits General Fund 1011078 458 STAR TRIBUNE MEDIA COMPANY LLC Dues & Subscriptions Communications 1011072 454 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store Check # Amount Supplier / Explanation Account Description Business Unit Explanation
239236 453 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1011147 451 CLAREY'S SAFETY EQUIPMENT Safety Supplies Emergency Preparedness 239439 450 ARCHITECT MECHANICAL, INC Contract Svcs - Ice Rink Ice Arena Maintenance 239514 450 MARTIN-MCALLISTER Employment Support Test Fire 239541 450 RICHARD ALAN PRODUCTIONS Other Contracted Services Staring Lake Concert 239640 448 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1011069 448 MENARDS Equipment Parts Round Lake 1011175 447 AMERITRAK Other Contracted Services Snow & Ice Control 1011239 447 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 1011042 441 JOHN DEERE LANDSCAPES/LESCO Repair & Maint. Supplies Park Maintenance 239315 438 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 239611 434 BAUHAUS BREW LABS, LLC Liquor Product Received Den Road Liquor Store 239447 425 BELLAND, BRIANNA M Other Contracted Services Summer Theatre 1011050 423 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 239634 419 IEDITWEB INC Contract Svcs - Garden Romm Garden Room Repairs 1011251 413 GRAINGER Equipment Parts Water Treatment Plant 239238 407 TKO WINES, INC Liquor Product Received Prairie View Liquor Store 239201 400 MINNESOTA DEPARTMENT OF NATURAL RESOURCE Other Rentals Staring Lake 239604 400 TOTAL ENTERTAINMENT Other Contracted Services July 4th Celebration 1011248 400 DREW'S CONCESSIONS LLC Operating Supplies Concessions 1011240 399 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station #2 5456 394 CERIDIAN Garnishment Withheld Health and Benefits 239455 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 239278 384 CENTURYLINK Wireless Subscription IT Telephone 239138 375 ABSOLUTE RAIN INC. Contract Svcs - Lawn Maint. City Hall - CAM 239594 373 OHIO DEPT. OF PUBLIC SAFETY Equipment Repair & Maint Emergency Preparedness 239500 371 INTERTECH INC Contract Development IT Operating 1011261 364 NORCOSTCO Operating Supplies Summer Theatre 239674 356 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1011230 351 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Street Maintenance 239468 350 DENGEL, JANA Instructor Service Safety Camp 1011095 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1011105 345 PARK SUPPLY OF AMERICA INC Tenant 1 - - Supplies City Hall - Direct Costs 1011138 335 TWIN CITY SEED CO Landscape Materials/Supp Storm Drainage 239217 331 PINNACLE DISTRIBUTING Liquor Product Received Den Road Liquor Store 5467 331 CERIDIAN Garnishment Withheld Health and Benefits 1011088 326 BERRY COFFEE COMPANY Merchandise for Resale Concessions 239496 326 IND SCHOOL DIST 272 Printing Skating Rinks/Warming Houses 1011128 325 MN SUPPLY Equipment Testing/Cert. Fleet Operating 1011130 325 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 1011166 321 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 239565 320 WHEELER LUMBER LLC Operating Supplies Miller Park 239669 320 SONETICS CORPORATION Equipment Repair & Maint Public Safety Communications 1011224 319 CHEMSEARCH Contract Svcs - Ice Rink Ice Arena Maintenance 1011192 316 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 239612 310 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 239241 310 UNIVERSAL ATHLETIC SERVICES INC Awards Volleyball 239675 307 SUMMIT COMMERCIAL FACILITIES GROUP Contract Svcs - HVAC Fire Station #1 239478 304 FREELAND, ROBERT AR Utility Water Enterprise Fund 239583 300 HAERTL, DAN Other Contracted Services Staring Lake Concert 1011249 296 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits Check # Amount Supplier / Explanation Account Description Business Unit Explanation
239147 295 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 239136 290 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1011222 290 BERRY COFFEE COMPANY Merchandise for Resale Concessions 239382 289 OPEN PLAN SYSTEMS Supplies - General Building City Center Operations 239684 289 WILSONS NURSERY INC Landscape Materials/Supp Reforestation 239601 285 SELECT COMFORT CORPORATION Other Contracted Services Facilities Capital 239495 284 IDEA CREEK LLC,THE Operating Supplies Fire 1011273 277 ZIEGLER INC Equipment Parts Fleet Operating 239303 275 ELECTRICAL INSTALLATION & MAINTENANCE Equipment Repair & Maint Water Wells 1011235 274 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 239572 273 ABRA AUTO BODY & GLASS Equipment Repair & Maint Fleet Operating 239156 273 COMCAST Wireless Subscription IT Operating 239581 270 FIRE SAFETY USA INC Protective Clothing Fire 239233 269 STAPLES ADVANTAGE Office Supplies Police 239638 268 IND SCHOOL DIST 272 Gym Rental Volleyball 239639 268 IND SCHOOL DIST 272 Gym Rental Volleyball 1011229 265 HIRSHFIELD'S Repair & Maint. Supplies Water System Maintenance 239618 262 DELEGARD TOOL CO Equipment Parts Fleet Operating 1011106 259 PROSOURCE SUPPLY Cleaning Supplies Outdoor Center Facilities 239665 258 PROP United Way Withheld Health and Benefits 239575 258 ASPEN MILLS Clothing & Uniforms Fire 239663 254 PIRTEK PLYMOUTH Equipment Repair & Maint Sewer System Maintenance 1011039 253 FASTENAL COMPANY Equipment Parts Fleet Operating 239512 250 LES MILLS UNITED STATES TRADING INC Other Contracted Services Fitness Classes 239522 250 MPELRA Conference/Training Human Resources 239538 250 PLYMOUTH COMMUNITY CONCERT BAND Other Contracted Services Staring Lake Concert 239590 250 LAWN CHAIR GARDENER Other Contracted Services Storm Drainage 1011126 250 MENARDS Operating Supplies Fire 239186 249 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 239529 248 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery 1011207 245 USA SECURITY Maintenance Contracts Water Treatment Plant 1011063 240 GRAINGER Supplies - Plumbing City Center Operations 1011234 239 ROTO-ROOTER Contract Svcs - Plumbing Senior Center 239197 238 KEEPERS Clothing & Uniforms Animal Control 239617 238 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld Health and Benefits 239262 235 AVI SYSTEMS INC Equipment Repair & Maint Cable PEG 239150 235 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 1011104 233 NORTHERN SAFETY TECHNOLOGY INC Autos Fleet Operating 1011121 230 DAKOTA SUPPLY GROUP INC Repair & Maint. Supplies Water Metering 239191 230 JACOB, JADA Miscellaneous Police 239483 229 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 239254 222 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Den Road Liquor Store 239607 222 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Den Road Liquor Store 1011034 220 ADAMS PEST CONTROL INC Contract Svcs - Pest Control Fitness/Conference - Cmty Ctr 239287 219 COMCAST Cable TV Fire 239162 215 DAVEY TREE EXPERT COMPANY, THE Improvement Contracts Shady Oak Rd-CR 61 South 1011108 213 ROSE, ALECIA Conference/Training Human Resources 239557 208 TKO WINES, INC Liquor Product Received Prairie Village Liquor Store 239207 207 MN MAINTENANCE EQUIPMENT INC Equipment Repair & Maint Park Maintenance 239610 206 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 1011120 203 CERIDIAN Ceridian IT Operating Check # Amount Supplier / Explanation Account Description Business Unit Explanation
1011260 203 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 239481 202 GERTENS Landscape Materials/Supp Youth Programs Admin 239432 202 ROBINS, DOUGLAS Deposits Escrow 1011244 202 CDW GOVERNMENT INC. Equipment Repair & Maint IT Operating 239166 200 EAGLE RIDGE ACADEMY Deposits-P&R Refunds Community Center Admin 239587 200 HOPKINS WESTWIND CONCERT BAND Other Contracted Services Staring Lake Concert 239593 200 MN DNR ECOLOGICAL AND WATER RESOURCES Licenses, Permits, Taxes Storm Drainage 239664 198 PRAHA DISTRIBUTING Liquor Product Received Den Road Liquor Store 1011047 197 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 239221 195 PRINT SOURCE MINNESOTA Printing Summer Theatre 239247 195 ABLE HOSE & RUBBER INC Repair & Maint. Supplies Water Metering 1011253 194 HD SUPPLY FACILITIES MAINTENANCE Building Repair & Maint. Water Treatment Plant 239344 188 JUNTUNEN, DONNA AR Utility Water Enterprise Fund 1011149 188 CUSTOM HOSE TECH Equipment Parts Fleet Operating 239556 186 TESSMAN SEED CO Chemicals Park Maintenance 1011208 185 VTI Maintenance Contracts Utility Operations - General 1011188 184 HORIZON COMMERCIAL POOL SUPPLY Chemicals Round Lake 239223 180 RENOVO DATA SERVICES Miscellaneous IT Operating 239391 180 PRAHA DISTRIBUTING Liquor Product Received Prairie View Liquor Store 1011262 180 O'REILLY AUTOMOTIVE INC Safety Supplies Fleet Operating 1011159 177 JETER, KARA Tuition Reimbursement/School Fitness Classes 239176 176 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 1011038 174 EXTREME BEVERAGE Liquor Product Received Prairie View Liquor Store 239430 170 YERUVA, SRIKANTH AR Utility Water Enterprise Fund 239659 165 MRA-THE MANAGEMENT ASSOCIATION Other Contracted Services Organizational Services 239633 164 HOTSY MINNESOTA Equipment Repair & Maint Fleet Operating 239285 164 COMCAST Cable TV Fire 1011101 161 LANZI, BOB Mileage & Parking Ice Admin. 1011232 160 PARK SUPPLY OF AMERICA INC Supplies - Plumbing City Hall - Direct Costs 239165 158 DOMACE VINO Liquor Product Received Prairie View Liquor Store 1011074 158 NUCO2 INC Supplies - Pool Pool Maintenance 1011124 156 GRAINGER Safety Supplies Utility Operations - General 239148 155 BLOOMINGTON SECURITY SOLUTIONS Building Repair & Maint. Homeward Hills Park 239358 155 LYONS, PHILIP AR Utility Water Enterprise Fund 1011227 155 FASTENAL COMPANY Operating Supplies Fleet Operating 239335 154 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 239341 154 JOHNSON, KOREY AR Utility Water Enterprise Fund 239637 153 IND SCHOOL DIST 272 Building Rental Community Band 239286 151 COMCAST Cable TV Fire 239288 151 COMCAST Cable TV Fire 1011264 151 SHERWIN WILLIAMS CO Operating Supplies July 4th Celebration 1011110 150 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 239211 150 NOVAK STUMP REMOVAL Other Contracted Services Tree Removal 239486 150 HAYEN, LINDA Other Contracted Services Summer Theatre 239544 150 RODENZ, SANDRA K Other Contracted Services Summer Theatre 239385 146 OXYGEN SERVICE COMPANY EMS Supplies Fire 239141 146 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie Village Liquor Store 239449 145 BLOOMINGTON SECURITY SOLUTIONS Building Repair & Maint. Utility Operations - General 239422 144 VINE LINE DISTRIBUTION LLC Liquor Product Received Den Road Liquor Store 239390 144 PICHA, ROBERT AR Utility Water Enterprise Fund 239300 140 DRAMATIC PUBLISHING Licenses, Permits, Taxes Theatre Initiative Check # Amount Supplier / Explanation Account Description Business Unit Explanation
1011245 140 CITI-CARGO & STORAGE CO, INC Operating Supplies Summer Theatre 1011216 138 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations 239454 138 CAMPBELL KNUTSON, P.A. Legal WAFTA 239589 137 KEEPERS Clothing & Uniforms Fire 1011233 135 QUALITY PROPANE Motor Fuels Fleet Operating 239672 135 STAPLES ADVANTAGE Office Supplies Customer Service 239318 132 G & K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance 1011254 132 JEFFERSON FIRE & SAFETY INC Protective Clothing Fire 239679 131 UNITED WAY United Way Withheld Health and Benefits 239646 130 KAISER, DAVID S Repair & Maint. Supplies Fitness Center 239526 127 NEW BRIGHTON FORD Equipment Parts Fleet Operating 239137 125 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 239466 125 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 1011163 125 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 239451 125 BOEDIGHEIMER, SCOTT Refunds Environmental Education 239192 124 JERRYS DO IT BEST Equipment Repair & Maint Senior Center Programs 239200 120 MINNESOTA CITY/COUNTY MANAGEMENT ASSOCIA Dues & Subscriptions Human Resources 239367 120 MAWANI, ZAHEED AR Utility Water Enterprise Fund 239625 120 FIRST STATE TIRE RECYCLING Waste Disposal Fleet Operating 1011109 120 SCHULZE, CARTER AR Utility Water Enterprise Fund 239312 116 FIRE SAFETY USA INC Equipment Repair & Maint Fire 1011093 115 FICCADENTI, JENNY Conference/Training Police 1011103 115 MITTELSTADT, SCOTT Conference/Training Police 1011215 115 EICHMAN, NATHAN Conference/Training Police 239218 113 PIRTEK PLYMOUTH Equipment Repair & Maint Sewer System Maintenance 239558 112 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police 239350 111 LANGLIE, KRISTOFFER AR Utility Water Enterprise Fund 1011268 110 US HEALTH WORKS MEDICAL GRP MN, PC Employment Support Test Organizational Services 239406 109 SNAP-ON TOOLS Small Tools Fleet Operating 239490 109 HENNEPIN COUNTY RESIDENT & REAL ESTATE Other Contracted Services Engineering 5462 108 GENESIS EMPLOYEE BENEFITS, INC HSA Health and Benefits 239400 107 SCHMITZ, WENDY Supplies - Int. Landscape City Center Operations 1011199 106 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 239569 105 YOUNG, JEFFREY Deposits Community Center Admin 1011155 105 FIETEK, CHRIS Operating Supplies Police 239673 104 STEMPF AUTOMOTIVE INDUSTRIES INC Equipment Parts Sewer System Maintenance 239164 103 DIRECTV Cable TV Community Center Admin 239620 103 DIRECTV Cable TV Community Center Admin 239189 100 INTERNATIONAL ASSOCIATION OF ARSON INVES Dues & Subscriptions Fire 239224 100 SHEAR, CAROLINE Refunds Environmental Education 239322 100 GRIMM, NOLAN AR Utility Water Enterprise Fund 239498 100 ING, SIENG & CHING Refunds Environmental Education 239505 100 JOHNSON, JAMES W Refunds Environmental Education 239521 100 MODICA, ALICE Refunds Environmental Education 239592 100 MITCHELL, WILLIAM Refunds Environmental Education 239328 100 HARMON, REBECCA AR Utility Water Enterprise Fund 239281 98 CHAPMAN, WAYNE AR Utility Water Enterprise Fund 1011068 97 LANDS END CORPORATE SALES Clothing & Uniforms Police 1011178 97 BIFFS INC Waste Disposal Park Maintenance 239606 96 440400 - NCPERS MINNESOTA PERA Health and Benefits 239584 95 HARTZELL, PAUL Operating Supplies Staring Lake Concert Check # Amount Supplier / Explanation Account Description Business Unit Explanation
1011150 95 DAVIS, HEATHER Mileage & Parking Youth Programs Admin 1011073 94 NORCOSTCO Operating Supplies Summer Theatre 239423 94 WALSH, MARY Tuition Reimbursement/School Fitness Classes 1011092 94 DEANE, KIMBERLEY Tuition Reimbursement/School Fitness Classes 239531 92 PAPCO INC Cleaning Supplies Fitness/Conference - Cmty Ctr 239507 91 KEEPERS Clothing & Uniforms Animal Control 239327 91 HAMILTON, TOM AR Utility Water Enterprise Fund 1011061 91 GINA MARIAS INC Operating Supplies Animal Control 239356 91 LOEFFLER, CULLEN AR Utility Water Enterprise Fund 239416 90 TAPPER, MICHAEL AR Utility Water Enterprise Fund 239493 90 HOTSY MINNESOTA Equipment Parts Fleet Operating 1011036 88 BATTERIES PLUS Supplies - Fire/Life/Safety Fitness/Conference - Cmty Ctr 1011087 87 BATTERIES PLUS Equipment Parts Emergency Preparedness 1011052 87 STOVRING, LESLIE Mileage & Parking Storm Drainage 239595 86 OPEN PLAN SYSTEMS Supplies - General Building City Center Operations 1011048 86 ROSE, ALECIA Mileage & Parking Human Resources 1011263 85 POMP'S TIRE SERVICE INC Tires Fleet Operating 239384 83 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance 239603 83 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 239261 83 AT&T MOBILITY Pager & Cell Phone Water System Maintenance 1011154 81 FICCADENTI, JENNY Motor Fuels Fleet Operating 1011242 81 BOYER TRUCKS Equipment Parts Fleet Operating 239342 80 JOHNSON, STACEY AND JUSTIN Deposits Community Center Admin 239349 80 KLUTE, JOEL AR Utility Water Enterprise Fund 239360 80 MACPHAIL, STEPHANIE Deposits Community Center Admin 1011102 80 MAHMUTOVIC, DZEVAD Licenses & Taxes Facilities Staff 1011202 80 PREMIUM WATERS INC Operating Supplies Fire 1011258 80 MINNESOTA RECREATION & PARK ASSOCIATION Dues & Subscriptions Parks Administration 239374 79 MUEHLBERG, ED AR Utility Water Enterprise Fund 239598 79 RIVARO, ROBERT Refunds Environmental Education 239465 79 COMPLETE NUTRITION Den Road Bldg -Tenant #1 Lotus Den Bldg. - CAM 1011165 79 ROSE, ALECIA Conference/Training Human Resources 239145 79 BARNES, RICHARD Equipment Repair & Maint Water System Maintenance 239369 78 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 239397 78 ROSS, SCOTT AR Utility Water Enterprise Fund 239263 78 BARNES, NANCY AR Utility Water Enterprise Fund 239542 77 RIONS, NANCY Deposits-P&R Refunds Community Center Admin 239403 75 SHEPARD, PAT AR Utility Water Enterprise Fund 239600 74 SCHMITZ, WENDY Supplies - Int. Landscape City Center Operations 1011198 72 MTI DISTRIBUTING INC Equipment Parts Park Maintenance 239196 70 KAISER, DAVID S Operating Supplies Community Center Admin 1011133 70 REINDERS INC Chemicals Park Maintenance 1011090 69 BROWN, TRAVIS Tuition Reimbursement/School Police 1011144 69 BEUTZ, KARI Tuition Reimbursement/School Fitness Classes 1011168 68 STONEBROOKE Equipment Parts Fleet Operating 1011143 67 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations - General 1011111 66 SHRED-IT USA MINNEAPOLIS Other Contracted Services Community Center Admin 1011107 66 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 239609 65 ASPEN MILLS Clothing & Uniforms Fire 1011214 64 DANHAUSER, LINDSEY Operating Supplies Arts Center 239473 63 ENVIRONMENTAL EQUIPMENT & SERVICES Equipment Parts Fleet Operating Check # Amount Supplier / Explanation Account Description Business Unit Explanation
239308 63 EMERSON, LYNNEA AR Utility Water Enterprise Fund 239683 63 WELLS FARGO BANK, N A Other Contracted Services Police 239274 63 CAMARDELLO, CHRISTOPHER AR Utility Water Enterprise Fund 239257 63 ANNE BALLARD AR Utility Water Enterprise Fund 239179 62 HURTIC, RAFIJA & JASMIN Deposits-P&R Refunds Community Center Admin 239357 62 LUDOWESE, ERIN Deposits-P&R Refunds Community Center Admin 239256 61 ANDREWS, JAMES AR Utility Water Enterprise Fund 239258 61 ARENDS, MICHAEL AR Utility Water Enterprise Fund 239212 61 OMEGA INDUSTRIES Operating Supplies Park Maintenance 239394 61 RAZMPOUR, BAHMAN AR Utility Water Enterprise Fund 239647 60 KENDELL DOORS & HARDWARE INC Supplies - Security City Center Operations 239345 60 KANUIT, PATRICK AR Utility Water Enterprise Fund 239469 59 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 239461 59 COMCAST Cable TV Fire 239591 59 LITWIN, KATHY Operating Supplies Arts Center 1011182 58 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 5461 57 VANCO SERVICES Miscellaneous Community Center Admin 1011164 56 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1011096 56 HACH COMPANY Equipment Parts Water Treatment Plant 1011167 55 STEEN, JEFFREY Mileage & Parking Tree Disease 1011206 55 US HEALTH WORKS MEDICAL GRP MN, PC Insurance Organizational Services 239560 54 UNIVERSAL ATHLETIC SERVICES INC Equipment Repair & Maint Park Maintenance 239340 53 JOHNSON, E A AR Utility Water Enterprise Fund 239203 53 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 239293 52 CRONK, TED AR Utility Water Enterprise Fund 239304 52 ELLIOTT, KAMAL AR Utility Water Enterprise Fund 239678 50 TURFWERKS Equipment Parts Fleet Operating 239317 50 FRIDGE, WILLIAM AR Utility Water Enterprise Fund 1011114 50 A TO Z RENTAL CENTER Safety Supplies Park Maintenance 239437 48 ANDREWS, TERRY S Other Contracted Services Softball 239553 47 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 239533 47 PETSMART Canine Supplies Police 239202 46 MINNESOTA DEPT OF HEALTH Licenses & Taxes Water System Maintenance 239339 46 JOHNSON, DORIS AR Utility Water Enterprise Fund 239169 45 EDEN PRAIRIE WINLECTRIC Small Tools Traffic Signals 239326 43 HALVORSON, CAROL AR Utility Water Enterprise Fund 239373 42 MOORE, RUSSELL AR Utility Water Enterprise Fund 239161 40 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 239269 40 BONGARD, MARK AR Utility Water Enterprise Fund 239249 40 ADAMS, THOMAS & MAUREEN Deposits Community Center Admin 239284 40 COFFMAN, WILLIAM & CAROL Deposits Community Center Admin 239324 40 HAGGLUND, KELLY Deposits Community Center Admin 239355 40 LINDALL, BROOKS AND JAIME Deposits Community Center Admin 239370 40 MINNESOTA DEPT OF HEALTH Licenses, Permits, Taxes Utility Operations - General 239275 40 CAMPBELL, BRAD AR Utility Water Enterprise Fund 239268 38 BLOOM, ANDREW AR Utility Water Enterprise Fund 239334 37 HOWES, SHARON AR Utility Water Enterprise Fund 239459 37 CLEAN N PRESS MTKA Clothing & Uniforms Police 239523 37 MYERS, SHARON Other Contracted Services Rehab 239323 37 GUY, MARK AR Utility Water Enterprise Fund 239280 35 CHALLE, PAUL AR Utility Water Enterprise Fund Check # Amount Supplier / Explanation Account Description Business Unit Explanation
1011153 35 FASTENAL COMPANY Equipment Parts Park Maintenance 239297 35 DESCH, JOHN AR Utility Water Enterprise Fund 1011156 35 FITZGERALD, MAUREEN Tuition Reimbursement/School Fitness Classes 239417 34 TAYLOR, KIRK AR Utility Water Enterprise Fund 239332 34 HENRY, WENDY AR Utility Water Enterprise Fund 239387 33 PERTL, VICKI AR Utility Water Enterprise Fund 1011158 33 HIRSHFIELD'S Repair & Maint. Supplies Water Treatment Plant 239411 33 SPICHER, DWIGHT AR Utility Water Enterprise Fund 1011076 32 QUICKSILVER EXPRESS COURIER Legal Legal Council 239462 32 COMCAST Wireless Subscription IT Operating 239232 30 SPRINT Other Contracted Services Police 239298 29 DHORE, AYAN AR Utility Water Enterprise Fund 239348 29 KIRTZ, JEREMY AR Utility Water Enterprise Fund 239419 28 UHL, DAVID AR Utility Water Enterprise Fund 1011152 28 DEANE, KIMBERLEY Tuition Reimbursement/School Fitness Classes 239368 27 MERHAR, RICHARD AR Utility Water Enterprise Fund 1011221 26 UPS Operating Supplies Police 239475 26 FIRE SAFETY USA INC Equipment Repair & Maint Fire 239313 25 FIRST FINANCIAL TITLE AGENCY AR Utility Water Enterprise Fund 239378 24 OLSEN CHAIN & CABLE Building Repair & Maint. Park Maintenance 239420 24 VANASEK, DAVID AR Utility Water Enterprise Fund 239681 24 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 239330 23 HE, JIAN WEN AR Utility Water Enterprise Fund 239305 23 ELLIS, JOEL AR Utility Water Enterprise Fund 239371 23 MINNESOTA DEPT OF HEALTH Licenses & Taxes Water Treatment Plant 239518 23 MINNESOTA DEPT OF HEALTH Licenses & Taxes Water Treatment Plant 239301 22 DUTELLE, AUTUMN AR Utility Water Enterprise Fund 1011200 22 NORCOSTCO Operating Supplies Summer Theatre 239396 22 ROCK, TOM AR Utility Water Enterprise Fund 239294 22 CRUMRINE, RON AR Utility Water Enterprise Fund 239354 20 LI, MING AR Utility Water Enterprise Fund 239248 20 ADAMS, KATHY J Deposits Community Center Admin 239253 20 ALI, MOHAMED Deposits Community Center Admin 239255 20 ANDERSON, DAVID C Deposits Community Center Admin 239270 20 BROOKS, SARAH Deposits Community Center Admin 239276 20 CAUDILL, NANCY Deposits Community Center Admin 239279 20 CHABIN, ERIC Deposits Community Center Admin 239282 20 CHAWLA, MADHU Deposits Community Center Admin 239296 20 DAMIANO, AMANDA Deposits Community Center Admin 239309 20 FALTINSON, JULILE Deposits Community Center Admin 239314 20 FLOREY, ELISE Deposits Community Center Admin 239325 20 HALLSON, LINDA Deposits Community Center Admin 239343 20 JOHNSON, TRUDY Deposits Community Center Admin 239353 20 LEGAND, PAULA J Deposits Community Center Admin 239383 20 OSTENSON, LISA Deposits Community Center Admin 239388 20 PETROSKI, RENEE Deposits Community Center Admin 239392 20 PURI, RAJSHREE Deposits Community Center Admin 239393 20 RAMETTE, JIM Deposits Community Center Admin 239395 20 RIX, ELIZABETH Deposits Community Center Admin 239398 20 ROTH, ERIC Deposits Community Center Admin 239399 20 SCHAAF, GEORGE Deposits Community Center Admin Check # Amount Supplier / Explanation Account Description Business Unit Explanation
239402 20 SHEN, XIAOJIAN Deposits Community Center Admin 239405 20 SHOTWELL, NICHOLE Deposits Community Center Admin 239412 20 STAHL, PAT Deposits Community Center Admin 239415 20 SWARTOUT, CYNTHIA Deposits Community Center Admin 239425 20 WIKLUND, DAVID Deposits Community Center Admin 239429 20 WU, TONG Deposits Community Center Admin 239508 20 KIRCHOFF, CATHLEEN Deposits Community Center Admin 239547 20 SOLEM, NANCY Deposits Community Center Admin 239562 20 WARFIELD, GRANT Deposits Community Center Admin 239492 20 HOOVERSON, ORIN M Building Permits General Fund 239418 20 TIETZ, MARY AR Utility Water Enterprise Fund 239550 19 SPARKMAN, AUSTIN Deposits Escrow 239291 19 CRAYNE, RYAN AR Utility Water Enterprise Fund 1011243 19 CAWLEY COMPANY, THE Clothing & Uniforms Den Road Liquor Store 239352 18 LEE, ROBERT AR Utility Water Enterprise Fund 239346 18 KETTLER, ELIZABETH AR Utility Water Enterprise Fund 239363 18 MARASCO, ERIC AR Utility Water Enterprise Fund 239410 18 SPENCER, LEE Deposits-P&R Refunds Community Center Admin 239295 18 CUB FOODS EDEN PRAIRIE Operating Supplies Police 239404 18 SHIMOTA, JOHN AR Utility Water Enterprise Fund 239235 17 STATE OF MINNESOTA Licenses & Taxes Fleet Operating 239267 17 BLAKE, PAUL AR Utility Water Enterprise Fund 239177 17 HICKEY, TODD Refunds Environmental Education 239574 17 ASBY, THOMAS AR Utility Water Enterprise Fund 239424 17 WHITMAS, JAMIE AR Utility Water Enterprise Fund 239251 15 AHMED, MARYAN Deposits-P&R Refunds Community Center Admin 239616 15 COMCAST Other Contracted Services Police 239365 13 MARSHALL, BRIAN AR Utility Water Enterprise Fund 239299 13 DOLAN, JOHN AR Utility Water Enterprise Fund 239688 13 ZACKS INC Cleaning Supplies Utility Operations - General 239372 12 MOBERG, TYLER AR Utility Water Enterprise Fund 239329 12 HARTLEY, DEANDRA AR Utility Water Enterprise Fund 1011267 12 UPS Equipment Repair & Maint Public Safety Communications 239626 11 FISERV INC Bank and Service Charges Water Accounting 239545 10 RUSSELL, KATIE Operating Supplies Fire 239520 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 239366 10 MARTINEZ, LUIS AR Utility Water Enterprise Fund 239316 9 FOUSEL, GARY AR Utility Water Enterprise Fund 239265 9 BELFRY, LEROY AR Utility Water Enterprise Fund 239271 8 BULVER, MARJORIE AR Utility Water Enterprise Fund 239359 8 MACHACEK, ROBERT & GILLIAN AR Utility Water Enterprise Fund 239381 7 ONE CORP AR Utility Water Enterprise Fund 239361 7 MAHONEY, JEFFREY AR Utility Water Enterprise Fund 239506 6 JUNQUEIRA, LUCIANO AR Utility Water Enterprise Fund 239578 6 COMCAST Cable TV Fire 239364 5 MARCY, PEG AR Utility Water Enterprise Fund 239463 3 COMCAST Other Contracted Services Police 239283 2 CLARKE, KELLY AR Utility Water Enterprise Fund
7,114,160 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Report of Public Works Director July 14, 2015
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Robert Ellis Southwest LRT SDEIS Comments XIV.E.1. Director of Public Works
Requested Action
Move to: Adopt resolution to submit comments on the Southwest Light Rail Transit Supplemental Draft Environmental Impact Statement.
Synopsis
In response to public comments received on the Southwest Transitway Draft Environmental Impact Statement (DEIS), the Metropolitan Council made changes to the proposed design on the Southwest Light Rail Transit Project. As a result of these changes the Federal Transit Administration and the Metropolitan Council determined that a Supplemental Draft Environmental Impact Statement (SDEIS) was needed to document environmental impacts that were not identified in the DEIS. The SDEIS is now available and can be viewed at www.swlrt.org.
City staff is in process of reviewing the Southwest Light Rail Transit Project SDEIS. The attached draft letter includes eight (8) general comments in the following areas: • Support for the alignment that Eden Prairie provided Municipal Consent to on July 14, 2014. This alignment includes five Eden Prairie stations including Mitchell and Town Center Stations. • Complement and coordination with the services offered by SouthWest Transit. • Design of LRT bridge adjacent to Purgatory Creek Park. • Temporary impacts to Purgatory Creek Park. • Straighten the proposed bridge alignment over Valley View Road at Flying Cloud Drive. • Analyze any modifications to the proposed alignment, stations, and parking distribution to ensure adequate infrastructure is provided. • Location, placement and screening of Traction Power Sub-Stations (TPSS), signal bungalows, and other LRT accessory equipment. • Mitigating design and construction impacts of the project.
City staff is also working on identifying detailed comments on various elements of the SDEIS. These comments will be added to the letter before it is finalized.
Written comments on the SDEIS will be accepted through July 21, 2015. Following the close of the comment period, FTA and the Metropolitan Council will consider all comments submitted and will respond to substantive comments in the Final EIS.
Attachments
1. Resolution 2. Draft comment letter dated July 8, 2015 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2015-
SUBMIT COMMENTS ON THE SUPPLEMENTAL DRAFT ENVIRONMENTAL IMPACT STATEMENT (SDEIS) FOR THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT
WHEREAS, the Southwest Light Rail Transit Project is a proposed 16-mile light-rail line serving Eden Prairie, Minnetonka, Hopkins, St. Louis Park and Minneapolis; and
WHEREAS, in response to public comments received on the Southwest Transitway Draft Environmental Impact Statement (DEIS), the Metropolitan Council made changes to the proposed design on the Southwest Light Rail Transit Project; and
WHEREAS, the Federal Transit Administration and the Metropolitan Council determined that a Supplemental Draft Environmental Impact Statement (SDEIS) is needed to document environmental impacts that were not identified in the DEIS; and
WHEREAS, the Supplemental Draft Environmental Impact Statement (SDEIS) is available for public comment through July 21, 2015; and
WHEREAS, the City Council appreciates the opportunity to review the SDEIS and desires to respectfully submit comments on the SDEIS.
NOW, THEREFORE, BE IT RESOLVED that the Eden Prairie City Council authorizes the City Manager to submit comments on the SDEIS consistent with the Council Agenda Memorandum during the SDEIS public comment period.
ADOPTED by the Eden Prairie City Council on July 14, 2015.
______Nancy Tyra-Lukens, Mayor
ATTEST:
______Kathleen Porta, City Clerk
July 8, 2015
Nani Jacobson Assistant Director, Environmental and Agreements Metro Transit – Southwest LRT Project Office 6465 Wayzata Blvd., Suite 500 St. Louis Park, MN 55426
SUBJECT: Southwest LRT SDEIS Comments
Ms. Jacobson:
The City of Eden Prairie has reviewed the Southwest LRT Supplemental Draft Environmental Impact Statement (SDEIS). We appreciate the opportunity to review the SDEIS and respectfully submit the following comments for consideration:
General Comments
1) The City of Eden Prairie continues to support an alignment that matches the alignment evaluated in the SDEIS. This includes an end-of-line Mitchell Station located on City Center property and a Town Center Station that is centrally located midpoint between Flying Cloud Drive and Prairie Center Drive as well as Technology Drive and Singletree Lane. The City Council provided Municipal Consent to this plan on July 14, 2014.
2) The design of the Southwest LRT must complement and be coordinated with the services offered by Southwest Transit. Future Southwest Transit operations are critical to the design and operation of the Southwest LRT line. Southwest Transit needs to be an active partner in the development of Southwest Station plans. Impacts to Southwest Transit’s operations during construction of LRT should be minimized.
3) The Southwest LRT bridge structure adjacent to Purgatory Creek Park and the Veteran’s Memorial will be a primary visual component of the park once constructed. The bridge must be designed with appropriate context and to enhance the park setting and experience. In addition the bridge will permanently impact the park’s entry area and signage board located near the Prairie Center Drive / Technology Drive intersection. The Southwest LRT design must restore these park amenities to a similar or better condition.
4) The Southwest LRT construction will have temporary impacts to the Purgatory Creek Park and trail system which must be eliminated or minimized and appropriately coordinated with the City of Eden Prairie. The Purgatory Creek Park has a number of Southwest LRT SDEIS Comments July 20, 2015 Page 2 of 3
programs and events throughout the year that can be scheduled up to a year in advance and have the potential to be impacted by the SWLRT construction. It is imperative that avoiding and minimizing the impacts on these activities be accounted for in the construction schedule. In addition, the loop trail around the Purgatory Creek pond and wetland area is a primary and heavily used recreation amenity within Eden Prairie and its functionality must be maintained through construction.
5) The grade separated LRT crossing of Valley View Road at Flying Cloud Drive should be refined to eliminate curves. A straightened alignment significantly reduces the SWLRT travel time and has the additional benefit of reducing private property impacts, better coordinating with future improvements in the TH 212 / Valley View Road interchange area, and preserving excess right-of-way for future potential development.
6) Should the alignment, number of stations, and parking distribution be modified from the SDEIS, additional analysis should be completed to ensure adequate roadway, parking, sidewalk and trail infrastructure exists to serve the changed traffic patterns and parking demand.
7) The location, placement, and screening of the Traction Power Sub-Stations (TPSS), signal bungalows, and other LRT accessory cabinets and equipment must be closely coordinated with the City of Eden Prairie. This equipment must be located, screened, and designed as appropriate to avoid impacts to existing and future developments.
8) The project must evaluate alternatives and determine solutions for mitigating design and construction impacts of the project on all businesses, residents, and properties along the corridor.
Detail Comments
Staff is in process of reviewing and compiling detailed comments on SDEIS. Detailed comments will be added to this letter as appropriate.
Sincerely,
Rick Getschow City Manager
Attachment
Southwest LRT SDEIS Comments July 20, 2015 Page 3 of 3
CC: Mayor and City Council