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Home My WebLink AboutCity Council - 03/09/2004AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP / FORUM TUESDAY, MARCH 9,2004 CITY CENTER 5:OO - 6~25 PM, HERITAGE ROOM I1 6:30 - 7:OO PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Communications Manager Jack Sheehan, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room 11 I. CALL MEETING TO ORDER 11. APPROVAL OF AGENDA 111. CITY PARCEL AT MITCHELL ROAD AND 312 IV. 2004 WORK PLANS V. OTHER TOPICS Council Chamber VI. OPEN FORUM VII. OPEN PODIUM VIII. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 9,2004 7:OO PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. 11. 111. IV. V. VI. VII. ROLL CALL / CALL THE MEETING TO ORDER PLEDGE OF ALLEGIANCE COUNCIL FORUM INVITATION APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MINUTES A. B. HABITAT FOR TECHNOLOGY PRESENTATION CONSENT CALENDAR A. E. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 17,2004 (p. I) CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 17,2004 (p. 4) CLERK’S LICENSE LIST (p. 19) BRYANT LAKE HEIGHTS for 7012 and 7014 Willow Creek Road. Request for City Council to consider a request from James and Raynelle Perkins and Stephen Longman Builders, Inc. to amend that certain Developer’s Agreement entered into on or about August 3, 1999 between the City of Eden Prairie and James and Raynelle Perkins with respect to Bryant Lake Heights. The Developer is requesting the following action by the City: Amendment of Exhibit C, paragraph XI11 of the Developer’s Agreement, by deleting the requirement that all structures on Lot 3, Block 1 be removed prior to issuance of any building permit for Lot 1 and Lot 3, Block 1, Bryant Lake Heights. (p. 20) ADOPT RESOLUTION AUTHORIZING A GENERAL OBLIGATION BOND REFERENDUM TO BE HELD ON MAY 11,2004 lp. 23) . C. CITY COUNCIL AGENDA March 9,2004 Page 2 D. APPROVE ANNUAL REPORT FOR THE PHASE I1 NPDES STORMWATER PERMIT PROGRAM, I.C. 02-5585 (p. 28) E. APPROVE MUNICIPAL WASTE ABATEMENT INCENTIVE FUND GRANT APPLICATION, I.C. 02-5578 (p. 3 7) F. APPROVE PROPOSAL FOR PAVEMENT EVALUATION SERVICES FROM GOOD POINTE TECHNOLOGY 0.43) G. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND SETTING BID DATE FOR INTERSECTION IMPROVEMENTS AT CSAH 4 {EDEN PRAIRIE ROAD) AND VALLEY VIEW ROAD, I.C. 96-5405 (p. 47) H. ADOPT RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS IN THE BIG WOODS 3K” ADDITION, VACATION 04-01 (p. 49) I. APPOINTMENT OF PARKS AND RECREATION COMMISSION MEMBER TO CITY/SCHOOL FACILITY USE ADVISORY COMMITTEE 0.55) J. AUTHORIZE STAFF TO CONTRACT FOR ARCHITECTURAL SERVICES FOR DESIGN OR A CONCEPT PLAN FOR THE PARK BUILDING AT MILLER PARK SOFTBALL COMPLEX (p. 56) K. AWARD BID FOR RICHARD T. ANDERSON CONSERVATION AREA GRADING AND PARKING LOT CONSTRUCTION TO MIDWEST ASPHALT (P. 59) VIII. PUBLIC HEARINGS / MEETINGS A. 2004 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING (CDBG) RECOMMENDATIONS (p. 60) IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 1 BY AMENDING SECTION 2.82 RELATING TO PERSONNEL RULES AND REGULATIONS (p. 74) B. RESOLUTION ADOPTING CITY OF EDEN PRAIRIE EMPLOYEE HANDBOOK (p. 76) XI. PETITIONS, REOUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS CITY COUNCIL AGENDA March 9,2004 Page 3 XIII. APPOINTMENTS A. B. C. 2004 BOARDS AND COMMISSIONS (p. 78) 2004 BOARD OF APPEAL AND EOUALIZATION (p. 79) 2004 BOARDS AND COMMISSIONS CHAIRS AND VICE CHAIRS (p. 80) XIV. REPORTS OF OFFICERS A. B. C. D. E. F. G. REPORTS OF COUNCILMEMBERS REPORT OF CITY MANAGER REPORT OF PARKS AND RECREATION DIRECTOR REPORT OF PUBLIC WORKS DIRECTOR 1. Renewal of Midwest Asphalt’s Land Alteration Permit and Addendum A, Covering Operating Conditions (p. 81) REPORT OF POLICE CHIEF REPORT OF FIRE CHIEF REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT UNAPPROVED MINUTES JOINT MEETING OF THE EDEN PRAIRIE CITY COUNCIL & EDEN PRAIRIE SCHOOL BOARD TUESDAY, FEBRUARY 17,2004 CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Communications Manager Jack Sheehan, City Attorney Ric Rosow, and Recorder Lorene McWaters Administrative Services Center, 81 00 School Road I. DISCUSSION TOPICS (5:30-6:30 p.m.) a Heartsafe Eden Prairie Project Fire Chief Esbensen said the Heartsafe Eden Prairie program is half way to its goal of raising funds to buy and install AEDs for all public city and school buildings. He is working with the Eden Prairie Boosters Association to see if they are willing to contribute to the project. Becky Hudlow, Health Services for Eden Prairie Schools, said the schools are sharing trainers with the City. She has seen a lot of excitement about the project especially regarding the collaborative aspect. She said she had met recently with Charlie Moen from Hennepin County Medical Center to get their stamp of approval for the program. School Board Member Sholtz asked the St. Francis Auxiliary had contributed. Esbensen said he has not heard from them yet. Joint Diversity Initiative Larry Leebens, Director of Educational Services for the Schools, said all involved feel the first two Gathering Events were very successful. The most recent event consisted primarily of immigrants sharing their experiences with other immigrants. Leebens said the planning group (which includes Human Rights and Diversity Commission Chair Harry Moran, Diversity Coordinator Nanette Missaghi, Director of Human Resources Mary Bollinger, and Human Services Manager Molly Koivumaki) is hoping to the develop a new initiative that involves a wider cross- section of the community. He said in his experience the most effective way to reach the wider community is through its kids. They are exploring the option of hiring a local folk musician who has worked with a number of groups throughout the nation. He invites various portions of the community to share stories of their traditions and history. These stories are then incorporated into songs which are performed for the community. The group hopes to start implementing this program next summer. They anticipate the project will run throughout the course of the school year. = Playground Project at City Center Lambert reviewed plans for reconstruction of the Education Center playground, which was removed last fall to create additional parking spaces for City Center tenant C.H. Robinson. Lambert said the berm near the police department will be removed to create additional parking spaces for City employees. The dirt from that site will be moved to the new playground site, which is being “built into the side of the hill” and will require retaining walls. The new playground area will overlook a pond and will be completely fenced. A sun shelter will also be added. Lambert said construction will begin as soon as possible in the Spring after the ground thaws. He hopes to complete the project by July 1. Neal noted that the Education Center is using two emptied conference rooms for large motor skills classes for children until the playground reopens. . Future City Development and Demographics City Planner Mike Franzen provided a “snap shot of current projects” and a brief overview of the Met Council’s “Blueprint.” He said the City’s current population is about 60,000 and is expected to top out at about 70,000. Much of the additional housing to be built in the City will be townhouses and other higher density development that attracts single adults and empty nesters. Therefore, a large spike in the population of children is not anticipated. The City also projects about 4 million to 5 million sf of additional office space will be developed, mostly off of Shady Oak Road near Highway 212. Franzen said the Met Council’s Blueprint seeks to intensify development of corridors along major regional highways. Franzen noted that Eden Prairie has followed this same philosophy for many years. 1 Eden Prairie School District Strategic Plan Superintendent Krull distributed a copy of the District’s newly revised Strategic Framework. The framework includes revised mission and vision statements and a list of core values. It also includes a list of strategic directions and success indicator categories (areas for measuring implementation of the vision). The District will use this new framework to develop district goals this spring. a Council Chamber, City Center, 8080 Mitchell Road 11. OPEN PODIUM (6:50-7:00 p.m.) A. Rick Dorsey - Referendum Date Eden Prairie resident Rick Dorsey addressed Council regarding the date of the City’s proposed parks and recreation referendum. The Council has indicated that if they hold a referendum, it probably be held in May rather than waiting to put the question on the general election ballot in November. Dorsey said if an issue is important enough to hold a referendum, Council should seek to maximize voter turnout. He said his research shows that special elections typically have much lower voter turnout than general elections. He is concerned that a May election will allow special interest groups to organize to pass issues that may not be supported by a majority of residents. Dorsey asked when the public will have the opportunity to ask questions about the proposed referendum or receive good information on the proposal. He asked why the Council is not getting the Community involved in this issue. He feels the community should have the opportunity to scrutinize the proposal before a referendum date is set. Mayor Tyra-Lukens assured Dorsey that educating the public about the proposal will be a priority if the Council decides to go forward with a referendum. B. Kim Vohs - Referendum Items Eden Prairie resident Kim Vohs said he is in favor including money for purchase of open spaces on the referendum. He said he considers himself a friend of the Friends of Birch Island Woods; however, he feels the City should include money for the purchase of other parcels of land in addition to Birch Island Woods. He said he doesn’t think including money for purchase of open spaces will burden the referendum, but will bring people out to vote. He said he is particularly concerned with a parcel of undeveloped land owned by Richard Anderson, located near his own home. There is also a beautiful hill at the end of Alpine Court that was being considered for development; however the developer learned it was too steep to be reached by fire trucks. Vohs concluded by saying he is advocating allocation of $3 million for open space purchases on the referendum. He said he chose to move to Eden Prairie because of its open spaces, and he hopes Council will keep open space as a priority. 111. ADJOURNMENT 3 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 17,2004 7:OO PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL / CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:02 p.m. All members were present. 11. PLEDGE OF ALLEGIANCE 111. COUNCIL FORUM INVITATION Tyra-Lukens announced that the City Council provides an Open Forum opportunity for Eden Prairie citizens to address the Council on issues related to Eden Prairie city government on the first and third Tuesdays of each month from 6:30-6:50 p.m. in the Council Chambers immediately prior to the start of the City Council’s regularly scheduled meetings. She said Open Forum is reserved for scheduled participants and if you wish to speak to the Council during Open Forum, please contact Ms. Lorene McWaters in the City Manager’s office by calling 952.949.8412 by noon of the meeting date with your name and the subject matter you wish to address. Tyra Lukens said the Council also provides an impromptu, unscheduled Open Podium opportunity for citizens to address the Council concerning issues related to Eden Prairie city government from 6:50 to 7:OO p.m. immediately following Open Forum. She said Open Forum and Open Podium are not recorded or televised. The City Council reserves the right to adjust the time allocations for Open Forum and Open Podium. If you have questions about the process or procedures of Open Forum or Open Podium, please contact the City Manager’s office. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added an item under XlV.A. Reports of Councilmembers. MOTION: Case moved, seconded by Mosman, to approve the agenda as published and amended. Motion carried 5-0 CITY COUNCIL MINUTES February 17,2004 Page 2 V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 3,2004 MOTION: Young moved, seconded by Mosman, to approve the Minutes of the City Council Workshop held Tuesday, February 3,2004. Motion carried 4-0. Tyra- Lukens abstained. B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 3,2004 MOTION: Butcher moved, seconded by Case, to approve the Minutes of the City Council Meeting held Tuesday, February 3,2004. Motion carried 4-0. Tyra-Lukens abstained. VI. FLYING CLOUD AIRPORT UPDATE City Manager Scott Neal said there have been requests from Councilmembers regarding the status of Flying Cloud Airport and he has asked staff planner Scott Kipp, who tracks airport issues on behalf of the city, to provide a report. Kipp said it has been a year since the City’s agreement with MAC. He said MAC is still in the EIS phase, looking internally with the FAA to review the document and that document will be ready within the next month or two. He said there will be a comment period before the document moves on for final approval by the Washington FAA office and the Environmental Quality Board. He said things are still on track with the Capital Improvement Airport Expansion Plan. He said MAC has approved their CIP for 2004 through 2010 and are still showing improvements at Flying Cloud for the sanitary sewer and runway extension in 2005, and new hangar area in 2005-2006. He said part of the final agreement was also to create an operational implementation plan that addressed commitments made in the final agreement. Kipp said MAC will conduct a reliever airport seminar that will evaluate rates and charges and cover policy and operational issues for the reliever system. Regarding scheduled service at Flying Cloud, he said MAC committed not to apply for a Part 139 certificate that would be necessary to provide for facilities for air carrier operations. He said also according to the final agreement, cargo operations would not be able to use the airport. Kipp said the FAA is proposing a statement of policy on weight-based airport restrictions. He said this applies to placing restrictions on the use of pavement at the airport. He said there has been no decision at this point. Case asked what the proposed FAA policy, if passed, would do to the City’s agreement. Rosow said the agreement with MAC contained a draft Ordinance 97 that replaced Ordinance 5 1, which MAC adopted. He cited section 2.2 of the ordinance regarding aircraft weight restrictions. He said the taking off or landing of any aircraft at Flying Cloud Airport s CITY COUNCIL MINUTES February 17,2004 Page 3 with a certified maximum gross take-off weight of 60,000 or greater is prohibited. He said the new draft policy is quite extensive, but if that policy is adopted, it will not allow pure weight-based restrictions to be effective. He said there would be a system adopted to allow for at least 10% of aircraft landing at the facility to exceed the limit. Case asked how that is affected by the pledge that both MAC and the City of Eden Prairie pledge to defend in court. Rosow said both parties pledge vigorously to defend the agreement and all parts of it, so MAC would be expected to justify why its policy is consistent with the agreement, or perhaps tweak Ordinance 97 that makes it comply with the minimum requirements of the FAA, but still satisfy the intent of the agreement. Case asked what is the City's leverage to make sure they do that. Rosow said the City is given enforcement authority within the agreement. Butcher commented that today she attended a security meeting regarding reliever airports and she spoke with the head of the Metropolitan Airports Commission. Butcher said she was told the Capital Improvements Plan has nearly $450,000 for new security measures at Flying Cloud Airport which shows MAC'S commitment to keep the airport safe. VII. CONSENT CALENDAR A. B. C. D. E. F. G. H. CLERK'S LICENSE LIST AWARD CARPET REPLACEMENT PROJECTS 1 AND 2A TO FLOORS BY BECKER'S INC. APPROVE CHANGE ORDER NO. 1 FOR CHARLSON AREA IMPROVEMENTS PHASE IV AWARD CONTRACT FOR WATER PLANT SOLIDS CONTACT UNITS RECOATING TO RAINBOW, INC, I.C. 04-5608 APPOINTMENT OF ASSISTANT WEED INSPECTOR CHANGE SECTION 8.2 OF RULES AND REGULATIONS FOR PLEASANT HILL CEMETERY TO PERMIT GRAVE MARKERS OF 12" BY 24" FOR SINGLE MARKER AND 12" BY 40" FOR A DOUBLE MARKER ADOPT RESOLUTION NO. 2004-27 AUTHORIZING SUBMITTAL OF APPLICATION FOR 2004 HENNEPIN COUNTY MUNICIPAL RECYCLING GRANT APPROVE WAIVER LETTER RELATING TO SUMMIT PLACE APARTMENT PROJECT MOTION: Case moved, seconded by Young, to approve Items A-H of the Consent Calendar. Motion carried 5-0. CITY COUNCIL MINUTES February 17,2004 Page 4 VIII. PUBLIC HEARINGS / MEETINGS A. VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER PART OF ROLLING HILLS SENIOR HOUSING, VACATION 04-03 (Resolution No. 2004-281 City Manager Scott Neal said official notice of this public hearing was published in the January 29,2004, Eden Prairie Sun Current, and sent to 49 property owners.He said the property owner has requested this vacation to enable the combination of Lots 1 and 2, Rolling Hills Senior Housing. Neal said the City Council previously authorized (10/01/02) a PUD Amendment, Rezoning and Site Plan Review based upon a one-lot proposal. A skilled care center has now been constructed and is physically connected to the senior housing building, crossing the common lot lines between Lots 1 and 2. Ownership and financing concerns have prompted the owner to combine the lots through a replat. The new plat will be presented to the Council soon, and will include the rededication of any necessary easements. There were no comments from the public. MOTION: Case moved, seconded by Mosman, to close the public hearing; and adopt the Resolution vacating part of the drainage and utility easement over part of Rolling Hills Senior Housing. Motion carried 5-0. B. HENNEPIN VILLAGE SITE C AND D REZONING by Pemtom Land Company. Request for Planned Unit Development Concept Amendment on 64.9 acres, Planned Unit Development District Review on 1 1.99 acres, Zoning District Change fi-om R1- 9.5 to RM 6.5 on 1 1.99 acres, and Site Plan Review on 11.99 acres. Location: North of Highway 212, east of Spring Road. (Resolution 2004-29 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change) City Manager Scott Neal said official notice of this public hearing was published in the January 9,2004, Eden Prairie Sun Current, and sent to property owners. He said this is a continued item from the February 3,2004 and January 20,2004 City Council meetings. This project was published for the January 20,2004 meeting as a request to rezone of 113 lots from R1-9.5 to RM-6.5 with waivers for lot size and setback. The developer has modified the request to rezone 84 lots fi-om R1-9.5 to RM 6.5. The Community Planning Board reviewed a request to rezone 113 lots from R1-9.5 to RM 6.5 at a public hearing on December 8,2003. Neal said the Board voted 8-0 to recommend the following: 1. Approval of a rezoning from R1-9.5 to RM-6.5 is for 40 lots in the west portion of Site C. 2. Denial of the rezoning fi-om R1-9.5 to RM-6.5 for 29 lots in Site D. 3. Denial of the rezoning from R1-9.5 to RM-6.5 for 44 lots in the east portion of Site C. Neal said the board believed that single family lots should be retained in the planned unit development and that rezoning should be phased in order to allow time to 7 CITY COUNCIL MINUTES February 17,2004 Page 5 evaluate how the new product is selling. He said the modified request allows the developer time to evaluate the acceptance of the new product type. With some additional time, the developer would be better able to determine the number of lots to be single family or multiple family for the balance of the planned unit development. The project requires the following waivers in the RM 6.5 zoning district: 1. Lot depth from 100 feet to 90 feet 2. Front yard setback from 30 feet to 10 feet 3. Rear yard setback from 20 feet to 10 feet 4. Side yard setback from 10 feet to 0 feet on one side 5. Side yard setback from 10 feet to 7 feet on one side Franzen stated this is only a change in the type of product and not the number of units. He said it is the same product type that the Council reviewed and approved for Site A in December. The public offered no comments. Case asked and Franzen showed the location of sections and number of units in each section. MOTION: Mosman moved, seconded by Butcher, to close the public hearing, and adopt a Resolution for Planned Unit Development Concept Review on 64.9 acres; and approve lSt Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from R1-9.5 to RM-6.5 on 11.99 acres; and direct Staff to prepare a Developer’s Agreement incorporating Board and Staff recommendations and Council conditions. Motion carried 5-0. C. BROOKVIEW RIDGE by David and Patricia Smith. Request for Planned Unit Development Concept Review on 4.56 acres, Planned Unit Development District Review with waivers on 4.56 acres, Zoning District Change from Rural to R1-22 on 4.56 acres, and Preliminary Plat of 4.56 acres into 4 lots. Location: 9780 Brookview Circle (Resolution No. 2004-30 for PUD Concept Review, Resolution No. 2004-31 for Preliminary Plat, Ordinance for PUD District Review and Zoning District Change) City Manager Scott Neal said official notice of this public hearing was published in the February 5,2004, Eden Prairie Sun Current, and sent to 37 property owners. He said this is a four lot single-family development to be rezoned R1-22. The Community Planning Board voted 7-0 to recommend approval of the project at its January 26,2004 meeting. He said this project was first reviewed by the Community Planning Board in September for five lots using a shared driveway to Hennepin Town Road. The Board continued the project to reduce tree loss and provide access for all lots to Brookview Circle. The current plan is for four lots each taking access to Brookview Circle. Tree loss has been reduced from 42% down to 26%. A waiver is requested for a 0-foot side yard driveway setback for Lot 2. Code requires a 3-foot setback. The waiver is reasonable in that it maintains the driveway for the existing house on Lot 2. 53 CITY COUNCIL l”UTES February 17,2004 Page 6 There were no comments fi-om the public. MOTION: Butcher moved, seconded by Mosman, to close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Review on 4.56 acres; and approve lSt Reading of the Ordinance for Planned Unit Development District Review with waivers on 4.56 acres and Zoning District Change from Rural to R1-22 on 4.56 acres; and adopt the Resolution for Preliminary Plat of 4.56 acres into 4 lots; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Case asked if storm water drainage had already been taken care of for this project from some other development around it. Dietz said this particular project has a nurp pond at the intersection of Brookview and Hennepin Town Road. Motion carried 5-0. D. MICRO-EAR TECHNOLOGY by Gavic Construction Corporation. Request for Planned Unit Development Concept Amendment on 35.55 acres, Planned Unit Development District Review on 35.55 acres, Zoning District Amendment within the 1-5 and 1-2 Zoning Districts on 35.55 acres, and Site Plan Review on 11.21 acres. Location: 6426 Flying Cloud Drive. (Resolution No. 2004-32 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) City Manager Scott Neal said official notice of this public hearing was published in the February 5,2004, Eden Prairie Sun Current, and sent to 67 property owners. He said this project is for a 30,280-square foot building addition and a reconfigwed parking lot. The Community Planning Board voted 7-0 to recommend approval of the project at its January 26,2004 meeting, including a front yard parking setback waiver from 75 feet to 50 feet for 15 existing parking stalls along Flying Cloud Drive. Neal said Starkey Laboratories owns three separate buildings on separate lots. The most northerly building will involve a demolition of a 22,580-square foot building to be replaced by a new addition of 30,280 square feet. The waiver may have merit considering the total green space on the lot and the placement of existing conifer trees that screen the parking. A Travel Demand Management Plan has been developed for this project. No public comments were offered. MOTION: Young moved, seconded by Case, close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Amendment on 35.55 acres; and approve lSt Reading of the Ordinance for Planned Unit Development District Review with waivers on 35.55 acres and Zoning District Amendment within the 1-5 and 1-2 Zoning Districts on 35.55 acres; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. CITY COUNCIL MINUTES February 17,2004 Page 7 E. LAMETTRY TIRE SHOP by Richard LaMettry. Request for Planned Unit Development Concept Review on 1.22 acres, Planned Unit Development District Review with waivers on 1.22 acres, Zoning District Change from Rural to Commercial Regional Service on 1.22 acres, and Site Plan Review on 1.22 acres. Location: East of Plaza Drive, west of 1-494. (Resolution No. 2004-33 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change) City Manager Scott Neal said official notice of this public hearing was published in the February 5,2004, Eden Prairie Sun Current, and sent to four property owners. He said this is for a 10,888 square foot tire shop. The Community Planning Board voted 7-0 to recommend approval of the project at its January 12,2004 meeting. The plans have been revised according to the staff report recommendations. All trash generated at the site will be stored within the building. The plans show mechanical equipment screening. Two wetlands exist off-site and adjacent to the property. Waivers are requested from the required 25-foot wetland buffer and 15-foot structure setback to these wetlands as follows: 1. 20-foot wetland buffer and 0-foot structure setback for the easterly wetland. 2. 5-foot structure setback for the northerly wetland. These waivers may have merit since the lot size and configuration make it a difficult property to develop, and that most of the wetland area is within the base of the drainage swale for Highway 5. The buffer areas will be planted with native vegetation. Franzen noted this is a remnant piece of the Menard’s parcel that was created in 198 1. He said one of the reasons it sat for so long is because of the shape of the property and trying to find the right building that work with the requirements. He said appropriate buffer zones with plantings will be created adjacent to wetland areas. No public comments were offered. MOTION: Young moved, seconded by Case, to close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Review on 1.22 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to Commercial Regional Service on 1.22 acres; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. IF. BRYANT LAKE HEIGHTS for 7012 and 7014 Willow Creek Road. Request from James and Raynelle Perkins and Stephen Longman Builders, Inc. to amend that certain Developer’s Agreement entered into on or about August 3,1999 between the City of Eden Prairie and James and Raynelle Perkins with respect to Bryant Lake Heights. The Developer is requesting the following actions by the City: Amendment of Exhibit C, paragraph XIII of the Developer’s Agreement, by deleting the requirement that all structures on Lot 1 and 3, Block 1 be removed prior to issuance of any building permit for Lot 1 and Lot 3, Block 1, Bryant Lake Heights. CITY COUNClL MINUTES February 17,2004 Page 8 City Manager Scott Neal said official notice of this public hearing was published in the February 5,2004, Eden Prairie Sun Current, and sent to 14 property owners. He said James and Raynelle Perkins, and Stephen Longman Builders, Inc., want to amend that certain Developer’s Agreement entered into on or about August 3, 1999 between the City of Eden Prairie and James and Raynelle Perkins with respect to Bryant Lake Heights. The request would amend Exhibit C; paragraph XI11 of the Developer’s Agreement by deleting the requirement that all structures on Lot 1 and Lot 3, Block 1 be removed prior to issuance of any building permit for Lot 1 and Lot 3, Block 1, Bryant Lake Heights. Neal said James and Raynelle Perkins have submitted a “Confession of Judgment” to guarantee the removal of the structure on Lot 3, Block 1, on or before September 30,2004. An escrow of $15,000.00 dollars will be given to the City. Stephen Longman will be the contractor to remove the structure. He said there are two reasons why all developer agreements have the provision requiring all structures to be removed before a building permit is issued. One is the removal of structures. The second is that the responsibility for the removal of structures is placed on the owner/developer, not City staff. While the Confession of Judgment indicates a completion date and surety amount, there are no assurances that the owners will move out of the house and the contractor will complete the removal of all structures by September 30,2004. If this happens, additional staff and City Attorney time will be required. The City will also have to get a court order in order to proceed with the removal of structures. Neal said there are three options: 1. the withdraw option with proponent’s consent, 2. approval of the proposal, or 3. denial of the proposal and direct Staff to prepare findings supporting denial by the City Council. Neal said Staff recommends Option #3. Justin Johnson, attorney for James and Raynelle Perkins, stated he is here to answer questions. Steven Longman, the builder and owner of Lot 3, said he is here to make the proposal more interesting to the City. He said if necessary, his company would be willing to remove the structure on Lot 1 at no cost to the City. Stuart Nolan of 7020 Willow Creek Road, spoke on behalf of neighbors. He said building on Lot 1 could block access to one homeowner’s house. He said the reason that Staff worded this agreement that way was so everything would happen together and it has been piecemeal and caused no end of problems. He said Longman and the homeowner could get a building permit if they simply do what they promised - take down the house, septic system and well. There were no fwther comments from the public. MOTION: Case moved, seconded by Butcher, to close the Public Hearing and direct Staff to prepare findings supporting denial by the City Council to be adopted at the March 9,2004 meeting. Case said it would be bad precedence to do anything other than denial on this. Butcher and Tyra-Lukens agreed. Young stated it is principally an issue of policy. Motion carried 5-0. It CITY COUNCIL MINUTES February 17,2004 Page 9 Ix. X. XI. XII. XIII. XIV. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Mosman, to approve the Payment of Claims. The motion was approved on a roll call vote, with Case, Butcher, Mosman, Young and Tyra-Lukens voting ORDINANCES AND RESOLUTIONS PETITIONS, REQUESTS AND COMMUNICATIONS REPORTS OF ADVISORY BOARDS & COMMISSIONS APPOINTMENTS REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Case said since the City took over the cemetery a number of years ago, what’s best for the cemetery as a park and the people that visit there has not been addressed. He suggested a study group that would discuss all issues and provide input to the Council. He suggested the group provide guidelines for the cemetery. Mosman said she likes that this is open land that is more or less part of the parks system so she wants to treat it as such and not fence it off and treat it as something separate. Butcher said she likes the idea of a study group that provides the Council with options. Neal stated he will draft a study group charge for the cemetery. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION DIRECTOR 1. Request from the Eden Prairie Baseball Association to Share Costs for Field Improvements Parks & Recreation Director Bob Lambert said the baseball association approached the City a couple years ago with a list of nearly $90,000 worth of improvements to fields. He said the association offered to hd 50 percent of the costs if the City would commit to a certain number per year. Lambert said last year, the City committed to $32,000 worth and the baseball association provided $16,000 of that cost. Lambert said it was agreed to do $27,000 worth of improvements fiom the list this year and the baseball association has agreed to fund $13,500 of that cost. 13, CITY COUNCIL MINUTES February 17,2004 Page 10 MOTION: Case moved, seconded by Mosman, to authorize improvements at seven City baseball fields at a cost share of 50% expenditure for the City; and 50% expenditure for the Eden Prairie Baseball Association as per the request dated January 12,2004. Motion carried 5-0. 2. 2004 Park Bond Referendum Council agreed to discuss this item following the Report of Public Works Director. D. REPORT OF PUBLIC WORKS DIRECTOR 1. Methods to Address TH312/212 Underpass at Rilev Creek Public Works Director Eugene Dietz said on January 20,2004, the City of Eden Prairie received a letter from the Bearpath Homeowners Association expressing concerns regarding the underpass that would accommodate a trail crossing under Highway 212. On January 28 the Director of Parks and Recreation meet with Joe Stoebner, a representative of the Homeowners Association, to discuss Homeowners Association issues relating to the trail and its proposed underpass. Alternative trail locations were discussed as were a number steps the City could take to address Homeowners concerns. At that meeting staff agreed to recommend the following: 1. The City will request MNDOT to consider the feasibility of providing a daylight break in the arch at the median. 2. The City would request MNDOT to provide video cameras at each end of the tunnel that would be monitored by MNDOT, similar to their other cameras on the highway system. Request MNDOT to provide lighting within the tunnel. Post Private Property/No Trespassing signs at the entry to Bearpath property line on both sides of the creek. (So people are not walking into Bearpath along the creek corridor.) Commit to meet with residents along Bearpath trail when the trail adjacent to 212 is being designed to consider their concerns relating to the alignment of the trail and the landscaping needed to provide reasonable screening of the trail from their homes. Provide a spur connection from the trail south to Bearpath Trail, if Bearpath Development Corporation is willing to provide a pedestrian access gate to gives it’s residents easy access to the trail. 3. 4. 5. 6. Dietz said the items that deal with safety are being requested for consideration, and are not conditions of approval. He said there is a good faith estimate costs in this resolution of $1.136M that is subject to MnDOT’s policies and guidelines for cooperative construction agreements. In addition, Staff asks that the project include the installation of the water main at Scenic Heights Road. Dietz said Rosow has identified changes to the resolution. CITY COUNCIL h5l”TES February 17,2004 Page 11 Mosman said she would like to propose an additional consideration for further study on the pedestrian bridge. Dietz said this would not be a condition of approval, but a request for further consideration of feasibility. Dietz suggest this would be a new Item 3 on the resolution (page 135 of tonight’s packet) that would read. “The City of Eden Prairie respectfully requests that, in lieu of Items 1 and 2, that MnDOT consider the feasibility of providing an overpass over TH 212 at the county line.” Dietz said MnDOT is looking at the cost. He said additional headwalls would be needed in order to create an opening in the structure and that would provide natural lighting and slightly reduce the structure. Dietz said the way the breaks are constructed, there are fences around them and you cannot exit the tunnel at midpoint. He said there will be fencing in any freeway situation with controlled access with no pedestrians allowed. Dietz said the size of the structure is significant and would be very well lit. He said the cost of opening the median is not a significant factor, but drainage is probably more critical because all the water would go through some kind of a ponding system. Dietz said the last three items on the resolution are actually conditions of approval are: 1. No cost for the Arcmebo; 2. Putting in the additional screening berms; 3. Eliminate the reconfiguration of the park access road at County Road 4. Tyra-Lukens asked Mr. Chiglo how much lighting there would be in the 250- foot tunnel. Chiglo said there are lighting standards applied for pedestrian facilities, but estimating that is difficult. He said they will try to do lighting similar to that provided on bridges, but he cannot say exactly what it will be. He said maintenance in the structure would be documented in the cooperative agreement. Rosow recommended a rearrangement of the resolution so that 3 of the 11 “WHEREAS” clauses begin with “FURTHER RESOLVED THAT” rather than “WHEREAS.” Those clauses are numbers 6, 8 and 9. He said this makes it a direction from Council rather than a mere recital. In addition, Councilmember Mosman’s request will be incorporated into the resolution with a new Item 3, “The City of Eden Prairie respectfully requests that, in lieu of Items 1 and 2, that MnDOT consider the feasibility of providing an overpass over TH 212 at the county line.” Numbers 3,4 and 5 would therefore be renumbered 4,5 and 6. MOTION: Butcher moved, seconded by Mosman, to approve the proposed commitments to trail design and trail security that would be the responsibility of the City, and direct staff to request the Minnesota Department of CITY COUNCIL MINUTES February 17,2004 Page 12 Transportation to consider providing a break in the arch at the median and provide security cameras at both ends of the tunnel. Motion carried 5-0. 2. Proposed Layout For TH 212/Th312 Improvements From CSAH 4 to ExistinP TH 212 Near Carver Co. Road 147 (Resolution) Council discussed the following regarding this resolution. The Public Hearing for these improvements was held on January 20,2004. The primary issues raised at the hearing regarding safety of the underpass at Riley Creek, noise mitigation and a subsequent comments fiom the Lake Park Townhouse Association are addressed in the resolution as follows: 1. Request that MnDOT consider creating an opening at the midpoint of the archhebo within the median of the roadway and that artificial lighting be installed. 2. Request that MnDOT consider installing video cameras that would be monitored by the Traffic Operations Center. 3. That MnDOT provide the archhebo structure to accommodate pedestrians, animal crossing and Riley Creek at no cost to the City of Eden Prairie. 4. That MnDOT provide additional screening berms at specific locations. 5. That MnDOT delete the reconstruction of the Miller Park access at Eden Prairie Road from the project. Within the next few months, MnDOT will prepare a Cooperative Construction Agreement for City approval. It is anticipated that all or most of the City’s cost participation items (with the exception of requested water main improvements) will be eligible for State Aid funds. MOTION: Buther moved, seconded by Case, to adopt Resolution approving the proposed layout for the TH212/TH3 12 improvements from CSAH 4 (Eden Prairie Road) to existing TH212 near Carver County Road 147 with the changes as recommended by the City Attorney and Councilmember Mosman’s request regarding the feasibility of an overpass. Motion carried 5-0. xIv.c.2. 2004 Park Bond Referendum The total amount of the two questions posed is $24.21 million, whereas the total amount of the single question is $21.50 million. Approximately $2.71 million of improvements to the Community Center must be listed in both of the single questions in case one of those questions failed. The Parks, Recreation and Natural Resources Commission discussed this issue at length and voted unanimously on a 7-0 vote to recommend the City Council consider a single question bond referendum. They believe the multiple questions, and the need to request $2.71 million more than is necessary when asking two questions is confusing, and would be difficult to explain to all the voters. Furthermore, the Commission believes that all of the items listed on the referendum are necessary in order to continue the investment in the park and open space system that has helped this community retain its property values. 15 CITY COUNCIL MIJWTES February 17,2004 Page 13 Lambert said for over a year, various citizens committees have worked with staff to study the needs of the parks system. He said the Parks Commission reviewed the needs and made recommendations to the City Council for consideration. He said he provided a list of recommendations with two options as follows: Option 1 Move to: Authorize staff to prepare a resolution authorizing a General Obligation Bond Referendum to be held on May 11,2004 with the following question: Shall the City of Eden Prairie issue and sell it’s general obligation bonds in an amount not exceeding $21.50 million to provide funds for development of land and facilities for its program of public recreation? OR Option 2 Move to: Authorize staff to prepare a resolution authorizing a General Obligation Bond Referendum to be held on May 11,2004 posing the following two questions: I. Shall the City of Eden Prairie issue and sell it’s general obligation bonds in an amount not exceeding $1 1.96 million to provide funds for development of an outdoor swimming pool and the necessary Community Center and site improvements to accommodate that facility? And 2. Shall the City of Eden Prairie issue and sell it general obligation bonds in an amount not exceeding $12.25 million to provide funds for acquisition, development and improvement of land and facilities for a program ofpublic recreation? Lambert said the pool question requires improvements to the community center. He said the $24.21M does not include the $1M for an additional rink. He said schematic plans were included for the community center with a pool depending on which question is approved. Lambert also described land acquisition possibilities. Tyra-Lukens asked Lambert what the average cost to a homeowner on the single issue question. Lambert said if the average home is $300,000, the average cost would be a little less than $6 per month. Mosman asked if the $1M gets used up, how else would the City acquire land in the future. Lambert said there are Park Dedication Fees and a 6-year CIP has been approved for the use of that money. He said a lot of it would be used for matching funds. Lambert said adding the rink would add about 50 cents per month per household. He said the following facts should be considered regarding the rink: 1. Hockey and figure skaters pay 100 percent of the cost of their facilities. 2. They are the only group that must leave town to find practice time at facilities. 3. Eden Prairie is the only hockey association of that size in the state that does not have 3 rinks. The only group of the same size has 4 rinks and Eden Prairie has 2. /6 CITY COUNCIL MINUTES February 17,2004 Page 14 4. The hockey and figure skating groups would be paying two-thirds of the $lM cost. He said this would be done by applying for revenue bonds. He said if residents see that this group is paying for so much of the cost of the facility, there would not be negativity about the issue. He said users of the facilities will pay more than the taxpayers. Young asked how much money the hockey association has at this time. Lambert said they have about $150,000 in the bank and they have been raising it for the past 2 years. Lambert said revenue bonds or general fimd bonds would not be sold if the hockey association did not hold up their end of the bargain. Case said the last two times referendums were held were 1994 and 1992. He said the Council’s job is to maintain the quality of life in the city for the betterment of its people. He said of the same size hockey associations in the state, none of them have only 2 rinks. Case added that users of the rinks are the only ones who pay 100 percent of the operation costs. He said he believes there should be money for an additional rink in the referendum. Butcher agreed to include the additional $lM for a hockey rink. She said it’s been the Council’s policy to help support in the ways it can many of the other athletic endeavors and this one has a large number of users. Mosman said she can’t imagine leaving out the hockey rink, the water park or Miller Park improvements because they serve a significant number of people and the Council does not often hold a referendum. Young said he feels it may be time for a third sheet of ice and he likes the idea of making the expectation known to the hockey association that we are expecting a $lM check. He said his only reservation about the third sheet is how it rated in the survey. Lambert said timing for this referendum is important because of construction timing and planning. He said if there is a ‘yes’ vote in May, the city would be able to meet the construction season for opening by June 1,2006. He said if the vote is held in November, an entire season would be missed and we would have to wait another year. Lambert said the reason for including another baseball field is if approved in May, the relocation of the baseball field would be completed by fall of this year without missing a baseball season. He said a six-month time period saves a year in construction time. He noted that May 11 is on a Tuesday. Neal said the $3M project basically has three financial components: 1. 2. 3. One-third donation fiom the hockey association. Revenue bond action by the Councl based on revenue stream fiom the sale of ice and other revenues fi-om the rink. The additional $lM being considered. CITY COUNCIL MINUTES February 17,2004 Page 15 Neal said there are a number of safeguards built in so the Council can assure that the hockey association puts in its 1/3 if the referendum passes. Young said he is sensitive to the election timing issue. He said turnout will probably be lower in May than November. However, he said the issue of timing is resolved by Lambert’s comments about construction timing. He said he favors a May 11 date. Butcher said communication of the information will be important to the success of the referendum. Case said he favors Option 1. Rosow said he has been in discussions with City staff and bond counsel on phrasing of the question and it’s not necessary tonight to determine phrasing of the question. He said if Option 1 is adopted, strike all wording after May 1 1, 2004 and say “with one question.” MOTION: Case moved, seconded by Mosman, to authorize staff to prepare a resolution authorizing a General Obligation Bond Referendum to be held on May 11,2004 with one question. Case noted the birthday of Eden Prairie lands on May 11. Tyra-Lukens said much emotional and mental energy has gone into putting together this referendum with a lot of hard work fiom the Parks & Recreation Department as well as task forces. She said those involved must go forth courageously and support it because it has been determined that the community wants to vote on the issues. Motion carried 5-0. E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Butcher, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 854 p.m. 18 CITY COUNCIL AGENDA SECTION: Consent Calendar I ITEM DESCRIPTION: I DEPARTMENT/D1V1S1oN: I Clerk's License Application List Police / C.O.P. Unit I christy Weigel DATE: March 9,2004 I ITEMNO.: These licenses have been approved by the department heads responsible for the licensed activity. Cigarette & Tobacco Products Bilimbi Bay Minnesota, LLC DBA: Bilimbi Bay (Formerly Pickled Parrot) New Liquor License & 2AM Option Bilimbi Bay Minnesota, LLC DBA: Bilimbi Bay (Formerly Pickled Parrot) CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: 3/09/04 I Y DEPARTMENTDIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Michael D. Franzen Subdivision .m.3, Amendment to Developer Agreement Perkins Requested Action Move to: Adopt the Findings, Conclusions, and Order denying the amendment to Developer’s Agreement for Perkins Subdivision Synopsis The City Council held a public hearing on February 23, 2004, to discuss the request by James and Raynelle Perkins and Stephen Longman Builders, Inc. to amend that certain Developer’s Agreement entered into on or about August 3, 1999 between the City of Eden Prairie and James and Raynelle Perkins with respect to Bryant Lake Heights. The request would amend Exhibit Cy paragraph XI11 of the Developer’s Agreement by deleting the requirement that all structures on Lot 1 and Lot 3 be removed prior to issuance of any building permit for Lot 1 and Lot 3, Block 1, Bryant Lake Heights. Attachments 1. Findings, Conclusions, Order 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA REQUEST TO AMEND DEVELOPER’S AGREEMENT FINDINGS, CONCLUSION AND ORDER FINDINGS AND CONCLUSION Janies and Raynell Perltins (Perltins) are the owners of Lot 1, Block 1, Bryant Lake Heights, Hennepin County, Minnesota and Stephen Longman Builders, Inc. (Longman) is the owner of Lot 3, Block 1, Bryant Lake Heights, Heimepin County, Minnesota. (Perkins and Longman are collectively referred to herein as Petitioners) The final plat of Bryant Lake Heights was approved by the City Council on August 17, 1999 by Resolution No. R-99-136. As required by the conditions approving the final plat for Bryant Lake Heights, James and Raynell Perltins executed that certain agreement entitled “Developer’s Agreement Perltins Subdivision” on or about August 3, 1999 by and between James and Raynell Perltins as Developer and the City of Eden Prairie, hereinafter referred to as “Developer’s Agreement .” Petitioners requests from the City Council an amendment to the Developer’s Agreement allowing the issuance of a building permit for Lot 3 without the necessity of removing the structures and residence situated on Lot 1. In connection with Petitioners’ request, Perltins offers to remove the structure on Lot 1 by September 30, 2004. As security for the removal, Perltins offers a Confession of Judgement. The Developer’s Agreement contained as a condition thereof, the requirement that prior to building pennit issuance, existing structures, walls and septic systems (if present) shall be properly abandoned or removed as required by city ordinances and all permits obtained through the Inspections Department. Further, the Developer’s Agreement required that “The City shall not issue any building pennit for the construction of any buildings, structure improvements on the property until all requirements listed in this Exlibit C have been satisfactorily addressed by Developer.” On or about November 9, 2000, the Developer’s Agreement was filed against Lots 1 and 3, Bryant Lake Heights. Perltins sold Lot 3 to Stephen Longman Builders, Inc on or about September, 2003 for the price of $550,000.00. There is located on Lot 1 an existing residence situated approximately 82 +/- feet from the shoreline of the lake. Perltins currently reside in the structure on Lot 1. Lot 3 is vacant of stnichu-es. The City Council finds and concludes that Longman purchased Lot 3 with knowledge of the Developer’s Agreement and as the owner of Lot 3 is subject to its terms The City Council finds and concludes that Petitioners offer no hardship or other justification as to why structure on Lot 1 cannot be removed prior to construction upon Lot 3. The City Council finds and concludes that if Longman desired to begin construction on Lot 3 by a specific date that the removal of the structure on Lot 1 by said date could have been made a condition of the purchase. No reason or justification is offered by Petitioners as to why the City should intervene in, supplement and or provide relief from the terms agreement by which Longman purchased Lot 3 from Perltins. As the owner of Lot 1 and the structure situated thereon, it is within the discretion and control of Perltins to remove the structure at any time so as to allow construction to begin 011 Lot 3. The City Council finds and concludes that it is in the best interest of the City that the development of Bryant Lake Heights proceeds in the manner and pursuant to the terms of the Developer’s Agreement. ORDER Based upon the above, the City Council hereby detemiines: 1. Amendment of Developer’s Agreement allowing a structure to be constructed on Lot 3 prior to removal of the structure on Lot 1, Block 1, Bryant Lalte Heights is denied. EPWerl&sWndings,Concl& Order.03 104 CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: Office of City Manager 2004 Park Bond Referendum Resolution DATE: March 9,2004 ITEM NO.: -m, c I ~~~ Requested Action Motion: Move to: Adopt a resolution authorizing a General Obligation Bond Referendum to be held on May 1 1 , 2004 with the following question: Shall the City of Eden Prairie issue and sell its general obligation bonds in an amount not exceeding $22,500,000 to provide funds for acquisition, development and improvement of land and facilities for its program of public recreation? Synopsis The City Council authorized staff to prepare a resolution authorizing a General Obligation Bond Referendum to be held on May 1 1 , 2004 at the February 1 gfh Council meeting. Attachment Resolution 23 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2004- RESOLUTION RELATING TO $22,500,000 GENERAL OBLIGATION BONDS; PROVIDING FOR AN ELECTION ON THE QUESTION OF THE ISSUANCE THEREOF BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the City), as follows: 1. This Council has investigated the facts necessary to ascertain and does hereby find, determine and declare that it is necessary and expedient for the City to borrow money by the issuance of its general obligation bonds (the Obligations) in the amount not exceeding $22,500,000 to provide funds for acquisition, development and improvement of land and facilities for its program of public recreation. 2. The question of issuing the Obligations in such an amount and for such purpose shall be submitted to the qualified electors of the City at a special election to be held on May 11 , 2004, between the hours of 7:OO a.m. and 8:OO p.m. at the polling places set forth in the form of Notice of Election contained herein. 3. The Clerk is hereby authorized and directed to cause notice of the election to be given as follows: (A) by immediately posting in her office for public inspection, and mailing, not less than 49 days prior to the date of the election, to the County Auditor of Hennepin County, a copy of the notice set forth in paragraph 4; Q3) by publication of the notice in the official newspaper of the City, once each week for two successive weeks, the first publication to be not less than fourteen days before the election; (C) by publication of the sample ballot in the official newspaper of the City at least one week before the election; and @) by posting a sample ballot in her office for public inspection at least four days prior to the election and in each polling place on election day. 4. The Notice of Election to be published, mailed and posted as provided in paragraph 3 (A) and (E3) above shall be in substantially the following form: NOTICE OF ELECTION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that a special election will be held in and for the City of Eden Prairie, Minnesota, on Tuesday, May 11, 2004, between the hours of 7:OO a.m. and 8:OO p.m., for the purpose of submitting to the voters the following question: Shall the City of Eden Prairie issue and sell its general obligation bonds in an amount not exceeding $22,500,000 to provide funds for acquisition, development and improvement of land and facilities for its program of public recreation? BY VOTING “YES” ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. The maximum amount of the increased tax levy as a percentage of the market value is .0260 % and the amount that will be raised in the first year of the levy is $1,822,293. The polling places for said election shall be as follows: Precinct 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Polling Place King of Glory Lutheran Church Eden Prairie Assembly of God linmanuel Lutheran Church Life Church Prairie Hill Evangelical Free Church Christ Lutheran Church City Hill Fellowship Wooddale Church Resurrection Life Church Eden Prairie United Methodist Church St. Andrew Lutheran Church Eden Lake Elementary School Hennepin Technical College Homeward Hills Park Barn Pax Christi Catholic Community Pax Christi Catholic Community Prairie Lutheran Church Eden Prairie Presbyterian Church Grace Church Any qualified voter residing in the City may vote at said election at the polling place for the precinct in which the voter resides. BY ORDER OF THE CITY COUNCIL Kathleen Porta City Clerk 5. The sample ballot for the election shall be posted and published as provided in paragraph 3(C) and (D) and shall be in substantially the following form: CITY QUESTION BALLOT CITY OF EDEN PRAIRIE, MINNESOTA SPECIAL ELECTION MAY 11,2004 To vote for a question, put an (X) in the square next to the word "YES" for that question. To vote against a question, put an (X) in the square next to the word "NO" for that question. PROPOSAL TO FUND PUBLIC RECREATION PROGRAM Shall the City of Eden Prairie issue and sell its general obligation bonds in an amount not exceeding $22,500,000 to provide funds for acquisition, development and improvement of land and facilities for its program of public recreation? 0 0 NO BY VOTING "YESyy ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. The maximum amount of the increased tax levy as a percentage of the market value is .0260 % and the amount that will be raised by raised in the first year of the levy is $1,822,293. (Reverse side of ballot) OFFICIAL BALLOT MAY 11,2004 Judge Judge 6. The City Clerk is authorized and directed to cause official ballots to be printed for the use of the voters at the election, which shall be printed on blue-colored paper and shall be identical in form with the sample ballot in paragraph 5 above, and on the back, so as to be visible when the ballot is properly folded for deposit, shall be printed the words "OFFICIAL BALLOT," the date of the election and the lines for the initials of two judges. 7. The City Clerk is authorized and directed to secure blue-colored ballot boxes for the deposit of ballots at each polling place and to acquire and distribute such election materials as may be necessary for the proper conduct of this special election. 8. If the City will be contracting to print the ballots for this special election, the City Clerk is hereby authorized and directed to prepare instructions to the printer for layout of the ballot. Before a contract in excess of $1,000 is awarded for printing .ballots, the printer shall fUmish, in accordance with Minnesota Statutes, Section 204D.04, a sufficient bond, letter of credit or certified check acceptable to the City Clerk in an amount not less than $1000 conditioned on printing the ballots in conformity with the Minnesota election law and the instructions delivered. The City Clerk shall set the amount of the bond, letter of credit or certified check in an amount equal to the value of the purchase. 9. The election shall be held and conducted in the manner prescribed by law. On May 13,2004, at 4:OO o'clock p.m., this Council shall meet as a canvassing board and declare the results appearing from the election returns, in accordance with the law. ADOPTED by the City Council of the City of Eden Prairie this gth day of March, 2004. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA I SECTION: Consent ~~ DEPARTMENT/DIVISION: Public Works / Leslie Stovring I DATE: March 9,2004 ITEM DESCRIPTION: ITEM NO.: Approve the Annual Report for the Phase I1 NPDES Storm Water Permit Program - VT’. P, I IC#O2-5585 Requested Action Move to: Synopsis The City of Eden Prairie is required to submit an Annual Report to the Minnesota Pollution Control Agency documenting how the City progressed on the Best Management Practices (BMPs) outlined in our Stormwater Pollution Prevention Plan (SWPPP). Background Information The NPDES Permit was promulgated in 1990 under the Clean Water Act (CWA) which is administered by the Environmental Protection Agency (EPA). The MPCA has assumed the role as the administrative agency for these requirements. The SWPPP was developed in April 2003 to provide a plan of action and a series of Best Management Practices which the City would undertake to assist in obtaining these goals. The SWPPP was presented to the Council on April 1,2003. The Annual Report provides the MPCA with a summary outlining specific BMPs relating to our stormwater system and reports what was completed during the 2003/2004 permit year. A Draft Annual Report which summarizes the actions completed for each BMP is posted on the Environmental Services section on the City’s web site. Attachments 0 AnnualReport Approve the Annual Report for the Phase I1 NPDES Storm Water Permit Program By completing this annual report form, you are ‘>providing the Minnesota Pollution Control Agency (MPCA) with a summary of your status of compliance with permit conditions, including an assessment of the appropriateness of your identiJied best management practices and progress towards achieving your identiJed measurable goals for each of the minimum control measures” as required by the MS4 Permit. Use of this form is not mandatory; however, you must address all the questions in similar format. Name of MS4: Contact Person: TelephoneNumber: ( 952 ) 949-8327 Address: City of Eden Prairie Leslie A. Stovring, Environmental Coordinator City of Eden Prairie, 8080 Mitchell Road Eden Prairie MN 55344 (City) (State) (Zip code) 1. a. Did you hold a public meeting on your Storm Water Pollution Prevention Program (SWPPP)? [Part V.G. 1 .e] NOTE: You must hold your public meeting before March 10, 2004. Yes b. What was the date of the public meeting? January 28,2004 (public comment period ended Januarv 30,2004.) c. In what newspaper or publication of general interest did you publish the public notice of your meeting? [Part V.G. 1 .e.2] d. On what date was it published? December 25,2003 NOTE: Please retain a copy of the public notice in your records. Sun Current 2. a. During your public meeting, did you receive written and/or oral input on your NOTE: Input must be considered prior to submittal ofyour annual report. SWPPP? [Part V.G.2.b.l-31 City of Eden Prairie NPDES Annual Report March IO, 2004 Page 1 6. Did you create a record of comments and your response to comments/record of decision (ROD)? NOTE: See note after question 6A; the ROD should be submitted wit h your revised SWPP. 4. Did you repair, replace, or maintain any structural pollution control devices? NA Yes I lNAl c. Have you kept the ROD in accordance with the permit? [Part V.G.2.bI d. Do you plan to incorporate any comments into your next SWPPP update? [Part V.G.2.cl NA 3. a. Did you identify and inspect &l of your structural pollution control devices such as trap manholes, grit chambers, sumps, floatable skimmers and separators, etc.? [Part V.G.6.b.21 Please refer to the MS4 fact sheet on Inspection and Record Keeping on the MPCA website: http://www.pca.state.mn.us/water/sto~water/sto~water-ms4. html *All known structural pollution control devices were inspected, Areas of the City are evaluated for the presence of devices as Cityprojects, such as street ' overlays, are completed. Yes * ~~ ~~ Briefly, summarize any significant unscheduled (not routine) maintenance or improvement activities stemming from inspections of your structural pollution control devices. AttacJz a separate sJzeet labeled "4B ". a. Did you identifl and inspect at least 20% of your outfalls, sediment basins, and ponds? [Part V.G.6.b.31 * Known basins are evaluated for the presence of outfalls on an ongoing basis. All known outfalls, basins andponds are included in this report. Yes * City of Eden Prairie NPDES Annual Report March IO, 2004 Page 2 30 b. How many outfalls, basins and ponds do you have? c. Indicate if this number known or estimated? d. How many of you outfalls, sediment basins, or ponds did you inspect? e. What percentage is this? 33% (222/670) Briefly, summarize the dates of completion of major additional protection measures triggered by your inspections. [Part V.G.6.b.41. Attach a separate sheet if necessary. None 670 estimated (see note for 5.A) 222 outfalls 6. a. Did you make a change to any identified best management practices or measurable goals that were submitted with your permit application? [Part V.G.6.b.11 * No changes made at this time, see Note below. m * Note: At this time, it is not necessary to revise your SWPP to describe all operational and maintenance storm water activities you plan to undertake during the next reporting cycle. As you know, a May 2003 decision by the Minnesota Court of Appeals remanded portions of the MS4 general permit back to the MPCA for modif?cation. MPCA has been working on changes to the permit. The MPCA intends to modi& the permit in the spring, 2004. After the modij?edpermit is approved by the MPCA Citizens.’ Board, MPCA staffwill send a letter to MS4 permittees that addresses the process for SWPPP approval and the MPCA state-wide public notice for each MS4 SWPP. Your revised SWPP will be due approximately 90 days after the modified permit is issued b. Briefly list the best management practices using their unique identification numbers you used in your permit application or any measurable goals that will be changed in your updated SWPPP. Attach a separate sheet if necessary labeled “6B ”. Changes, if any, are unknown at this time. Existing BMP’s will be evaluated afrer tJie new permit application is submitted for review. I lm 7. Did you rely on any other entities to satisfy any portion of your SWPPP? 8. Do you discharge to waters with a restricted discharge? (See Appendix C Part B; you may view the applicable rules at www. pca.state. mn. us/water/water mnrules. htmg ~ ~ ~ ~ ~ ~~ ~ If your answer is “no”, skip ahead to the certification. If your answer is c‘yes”’ please attach the following: a. b. A map of the watersheds where your MS4 discharges to the waters with restricted discharge. (Use a USGS map or equivalent) A narrative estimate of the impervious surfaces where your MS4 discharges to the waters with restricted discharge (estimated total impervious from land use and zoning or existing data can be used if available). A narrative estimate of the hture / projected impervious surfaces where your MS4 discharges to the waters with restricted discharge (using available zoning or planning information that may affect your hture discharges). A narrative estimate of how your SWPPP can be altered to eliminate new or expanded discharges to the waters with restricted discharge. This consists of your preliminary plan to avoid, divert, or eliminate discharges to restricted waters, whenever possible. City of Eden Prairie NPDES Annual Report March IO, 2004 Page 3 c. d. 31 The person with overall administrative responsibility for SWPP implementation must sign the annual report. This person must be duly authorized and should be the person who signed the MS4 permit application or a successor. I certify that this document was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. March 10,2004 Authorized Signature Date (This person must be duly authorized to sign the annual report for the MS4) Neal Scott City Manager Last Name First Name Title Mailing Address: Eden Prairie MN 55344 City State Zip Code (952 ) 949-8300 sneal@,edenprairie.org Telephone (include area code) E-Mail Address Please submit your annual report to: MS4 Storm Water Program Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, Minnesota 55155-4194 City of Eden Prairie NPDES Annual Report March IO, 2004 Page 4 32 4. B - Maintenance or Improvement Activities for 2 003 DATE ADDRESS LOCATION INFO TYPE OFREPAIR ~ 02/21/2003 02/24/2003 Neill Lake Larkspur Lane Larkspur Lane & Preserve Blvd. Jetted frozen catchbasin Repaired sink hole in berm 0311 112003 03/12l2003 03/14/2003 I Anderson Lake Road I Between Neill Lake and Franlo Road I Open up fi-ozen catchbasin I I I 7578 Kimberly Lane Jet frozen storm line Dell Road Dell Road & Tristram Jet frozen catchbasin 03/14/2003 I 18000 Evenston Road I Jet frozen storm line City of Eden Prairie NPDES Annual Report 4.B - Maintenance or Improvement Activities for 2003 March 10,2004 03/14/2003 03/14/2003 03/17/2003 03/17/2003 03/17/2003 03/17/2003 03/17/2003 9204 Coldstream Lane 8593 Coachmans Lane 7359 Hames Way Franlo Road Franlo Lift Station Sunnybrook Road 8302 Cypress 15370 Creekside Court Open up frozen catchbasin Open up frozen catchbasin Change storm manhole cover to catch basin grate Jet frozen force main from storm station Jet frozen storm line Jet frozen storm line Jet frozen storm line 03/17/2003 03/18/2003 03/18/2003 03/18/2003 7535 Carnelian Lane 63 17 Creekview Lane 63 17 Creekwew Lane 12706 Riverview Road Push overflow grate back on structure Clean catchbasin Clean outlet in back yard Jet frozen storm line 341112003 04llGl2003 0412512003 0412912003 9400 Clubhouse Drive 16741 Mayfeld 7630 Washington Avenue 6785 Tartan Curve Evaluated catch basin odor complaint Repair hole in backyard by catch basin Replace broken catch basin grate Cleaned storm outlet I pushedoff I I I 041712003 04/9/2003 18204 Croixwood Clean off overflow grate (outlet). Comes from 18-12-B. Replaced storm casting which had been Valley View Road Round Lake Park 05l12l2003 05l20l2003 0512312003 Cleaned and jetted outlets fiom Pond Circle I Dond 8884 Flesher Circle 90 16 Briar Glen Mitchell Lake Cleaned storm outlet from McCoy Lake Replace catch basin grate in backyard Cleaned outlet from Mitchell Lake of debris 0512812003 17570 Pond Circle City of Eden Prairie NPDES Annual Report 4.B - Maintenance or Improvement Activities for 2003 March IO, 2004 0512912003 0611 712003 06/2/2003 06l21l2003 06l3Ol2003 061512003 06/9/2003 1 5 6 1 5 Park Terrace Repair storm line and t.v. pipe to determine direction and layout of pipe Clean off catchbasin in backyard Clean pond outlet Replace storm grate Clean catchbasins (2) in backyard Jet storm line 9333 Rath Place 8786 Sycamore Court 6664 Harlan Drive 63 17 Creekview Lane 165 15 Biscayne Boulevard Tanager Tanager & Manchester Replace broken back plate and grate 07l14l2003 I 9215 ShetlandRoad I Put catchbasin cover back on 17/17/2003 18204 Croixwood Lane 37/23/2003 185 18 Maple Leaf 37/28/2003 7491 Ontario Boulevard 07/3/2003 7252 Gordon 07/8/2003 8632 Saratoga Lane 0 81 1 212003 08/5/2003 6429 Kurtz Lane 10/1/2003 10303 Bucks Way 10/27/2003 18760 Chennault Way 11/12/2003 Education Center 11/5/2003 Dell Road Staring Lake between Avon & Tristram City of Eden Prairie NPDES Annual Report 4.B - Maintenance or Improvement Activities for 2003 March IO, 2004 Summer 2003 Clean pond outlet Morgan Lane Sump pump tie in Repair storm pipe. Clean off catchbasins Sump pump connection Repair catchbasin by trail Clean culvert out in fiont yard Repair sinkhole by catchbasin in backyard Reconnect drain tile Renair catch basin and change cover Jet 6 inch PVC which drains Dell Road Repair storm line. Excel trenched through storm line. 4.B - Maintenance or Improvement Activities - Outfall Repairs - 2003 LOCATION Avon Court COMMENTS Cleaned sediments out of storm ditch that leads towards Water Body 5-13-B Cleaned sediments out of storm ditch that leads towards Water Body 5-13-B Dig out 2 outfalls leading into pond west of Duck Lake Jetted storm line which leads from 6-24-B to 6-12-A Replace pipe connecting 7-12-C to 7-12-B. 1 6561 Undestad Street I 05/2212003 05-13-B ID # I 6580 Undestad Street I 05/30/2003 05-13-B DATE I ADDRESS 05-33-A 1210 112003 02/28/2003 June 2003 08/14/2003 06-12-A Padon Drive & Duck Lake Road Dell Road Hidden Ponds Development Duck Lake Trail & South Shore Lane 07-12-B 05/12/2003 08-12-A Edenvale Boulevard Edenvale Park Lunski Pond Removed sediment, regraded storm ditch, jetted storm pipe leading into creek Clean outlet from 21-1 1-B that flows towards McCoy Lake (21-14-B) Repair trash guard and rip rap outfall for pond south Duck Lake 06/04/2003 09-21 -A Lunski Lane 21-14-B 7-32-A ~~~ 1 08/14/2003 18991 Kristie Lane Kristie Lane & Green Ridge Clean outfall leading from roadway to pond. ~ 23-41-B I 12/04/2003 I 8983 Preserve Blvd. 1 City outlot I Clean out culvert leading to Neil1 Lake 26-31-B I 12/01/2003 ~~ I HomewardHills I between Jarvis & Gristmill 1 Repair culvert, put on new trash guard and apron City of Eden Prairie NPDES Annual Report 4.B - Maintenance or Improvement Activities for 2003 March 10,2004 CITY COUNCIL AGENDA DATE: SECTION: Consent DEPARTMENTDIVISION ITEM DESCRIPTION: Municipal Public Works Department March 9,2004 ITEM NO.: m€ I Waste Abatement Incentive Fund Grant Application - IC# 02-5578 1 Leslie Stovring Requested Action Move to: Synopsis A second Municipal Waste Abatement Incentive Fund Grant Application (Phase 2) has been prepared for submittal to Hennepin County for implementing a distribution, training and curriculum plan for the educational cd-rom “Big Foot” that was prepared using grant fimding from October 200 1. The CD-ROM will be aimed at children in middle to high school for use at the Environmental Learning Center as well as in classroom settings. Phase 2 includes development of a series of 10 workshops to be held around the Metropolitan Area to increase distribution and usage of the cd-rom. Background In 1999 the Hennepin County Board of Commissioners established a Municipal Waste Abatement Incentive Fund in the amount of $100,000 which has since been increased to $200,000. The intent of the fund is to increase residential waste abatement rates. The Big-Foot CD-ROM project is a multi-media product aimed at increasing education and awareness of your ecological footprint and includes modules which address items such as: Approve a Municipal Waste Abatement Incentive Fund Grant Application with Hennepin County in the amount of $24,995 0 Recycling, 0 Composting, 0 Smart shopping, 0 Smart development, and 0 Water conservation. Phase 1 was approved by the City Council on October 2,2001. The CD-ROM project will continue to be a collaboration between Hamline University’s Center for Global Environmental Education (CGEE) and the City of Eden Prairie. A Phase 2 grant proposal was submitted in January 2003. However, after negotiations with Hennepin County regarding the scope of work for the project, the application was withdrawn in September. The grant application was due on March 8,2004. A draft copy of the grant application and a draft copy of the Big Foot CD-ROM were submitted to Hennepin County on March 5’ for review in order to meet the deadline. A final copy of the grant application will be submitted on March 10 after City Council approval. Phase 2 of the “Big Foot” CD-ROM production will add the instructional component of the product. The scope of work includes: Activity Guide Development - Development of a Teacher’s Guide and Student Worksheets to City of Eden Prairie Waste Abatement Incentive Grant Fund Application March 9,2004 Page 2 provide educators with the additional tools they need to integrate the CD-ROM into their classroom curricula and meet state education standards. Activity guide development was not provided for in the Phase 1 grant proposal. Distribution Plan - A distribution plan will be developed and implemented to get the CD-ROM and its educational tools out to metropolitan area schools. The Phase I grant included 750 copies of the CD-ROM. These will be split among “teacher packets” which will include a teacher manual, 20 to 25 student worksheets and CD-ROMs. Educator Orientation Workshops - The Big-Foot CD-ROM is to be introduced to educators throughout the metropolitan region using a model that CGEE has used successfully in the past. A series of workshops will be implemented to promote and assist in distribution of the CD- ROMs. Advance notice and incentives for attending the sessions will be provided through mailings and email directed to curriculum development staff, media specialists, and science and social studies teachers in metro area public and private schools. The total Phase 2 project cost would be $24,995. No matching funds are required for grant applications of less than $25,000. All of the fbnd expenditures listed below will be reimbursed. Any additional hding required above this amount would come from the Recycling Fund from the annual Hennepin County Municipal Recycling Grant. For example, time for attending additional workshops is not included in the grant application, only development and research into setting up and coordinating the workshops and curricula. The breakdown for the grant disbursement for Hamline University and the City is as follows: 0 0 0 $21,655 - Hamline University $1,350 - Salary expenses for Environmental Coordinator $1,990 - City costs for printing and mailing of Workshop Materials as well as miscellaneous expenses such as mileage reimbursement for meetings. Attachments 0 Municipal Waste Abatement Incentive Fund Grant Application 2004 Waste Abatement Incentive Fund Grant Application Application Due - 500 p.m., Monday, March 8,2004 Mail Simed Copy to: John Jaimez Hennepin County Dept. of Environmental Services 417 N. 5th St., Suite 200 Minneapolis, MN 55401-1309 E-mail COPY (if possible) to: john.iaimez@co.hennepin.mn.us Applicant Information: Public Entity: Contact Person: Leslie A. Stovring Title: Environment a1 Coordinator Address: Public Works Deuartment. 8080 Mitchell Road City, State, Zip: Eden Prairie, MN 55344 - 4485 Phone: 952-949-8327 Fax: 952-949-8390 E-Mail: 1stovringOci.eden-prairie.mn.us Grant Request: $24,995 Matching Funds: $0 Total Project Cost: $24,995 Authorizing Sirnature: The signature of aperson who has the authority to enter into a contract with Hennepin County on behalfof the public entity (Administrator, Superintendent, Board Chair, etc.). Name (Typed or Printed): Citv of Eden Prairie Scott Neal Signature: Title: City Manager Proiect Title: Eden Prairie “Big Foot” Educational CD-ROM Proiect - Phase 2 Project Description: Please provide a briex onepage or less, project description. The project description should address any project collaborators, the timeline in which the project will be completed, the expected outcome of the project and the key individuals participating in project activities. This application is for the second phase (Phase 2) of development of an educational tool, the “Big Foot” CD-ROM production, which was approved in 2001 under this same grant program. In that grant request, we stated that additional hding would be required to develop instructional materials for the CD-ROM. The first phase included development of the educational program in a CD-ROM format. The CD-ROM is a collaboration between Hamline University’s Center for Global Environmental Education (CGEE) and the City of Eden Prairie. Key contacts are John Shepard, CGEE Assistant Director and Leslie Stovring, Eden Prairie Environmental Coordinator. The CD-ROM is intended to broaden and enrich the concept of the ecological footprint provided in the Big Foot video production, to further educate users about the importance of recycling, reuse and reduction, as well as effective urban planning in relation to our ecological footprint. The primary audience for the enhanced CD-ROM would be upper elementary and middle school students. The students would use the program in a classroom setting. The CD-ROM starts at an introductory level, 37 Civ of Eden Prairie 2004 Wmte Abatement Incentive Grant Fund Application March 8, 2004 on the assumption that many of the students studying the program have little or no familiarity with concepts. The proposed study guide and student worksheets will be targeted to grades 4-8. Funding for the Phase 2 project will provide a number of additional features. This would include: 1. 2. Teacher Guide and Student Worksheets -The Big Foot Teacher’s hide and Student Worksheets will provide educators with the additional tools they need to integrate the CD-ROM into their classroom curricula. CGEE’s extensive work in educational media development and professional development for teachers has clearly indicated that the best educational media products make it easier for teachers to do their jobs. That means that curriculum resources such as Big Foot must be fully integrated with State education standards that guide classroom curricula. Teachers also need background information, assessment tools and guides to activities that enable them to easily integrate tools such as Big Foot into their classrooms. The CD-ROM materials will also be made available to Hennepin County Recycling Coordinators. Educator Orientation Workshops - The Big Foot CD-ROM will be introduced to educators throughout the metropolitan region using amodel that has been successfully developed by CGEE in the distribution of other multimedia educational tools. We propose meeting with Hennepin County prior to finalizing Workshop Plans to ensure that the County’s goals are being met as well as those set by CGEE and the City. The primary strategy is a series of ten orientation sessions held at locations and times that are convenient to educators. Advance notice and incentives for attending the sessions will be provided through mailings and email directed to curriculum development staff, media specialists, and science and social studies teachers in metro area schools. Each orientation session will include: .- .. Free copies of the Big Foot CD-ROM and teacher guide and student worksheets. Introduction of the program through presentations by CGEE staff and faculty. Activities and discussion that will assist teachers in seeing how to easily integrate the program into classroom curricula. Copies of the CD-ROM and associated materials will also be made available at no cost to other interested educators until all the materials within this grant are distributed. If a need for additional materials beyond this amount is found, or if educators from other states request these materials, a cost will be established and charged for these requests. Proiect Budget: Provide a detailed budget including expenses for sta& printing, copying, mailing, equipment, materials, etc. If the project cost‘ is over $25,000, you must identijj the nature and source of matching funds. The following table outlines the cost estimate for this scope of work. Hamline University’s Center for Global Environmental Education (CGEE) will be a subcontractor for the City of Eden Prairie. The City intends on handling all billings and payments for the Phase 2 project work. A separate check would not need to be submitted to Hamline University for this project. 40 n c TASK ITEM I STAFF Project Management / Distribution Plan Development - Project Administration I Env. - Research Coordinator Producer 1 Activity Guide Development (Teacher & Student Manuals) - Project Management Env. I Coordinator - Project Administration I Producer - Research - Writing - Layout and Design - Printing - Expenses (Mileage, copying, postage, etc.) Total for Task Researcher Writer Producer Per copy hrs. $600 I Sum I $450 $450 $0 $600 $1 5 $25 $1,075 $450 $450 $0 $600 $0 $1,800 $0 $8,400 $0 $2,100 $0 $2,250 $25 $40 I $15,600 City of Eden Prairie 2004 Waste Abatement Incentive Grant Fund Application March 8,2004 - TASK Educa fion Orien fa tion Workshops - Project Administration - Project Management - Materials Development - Workshop Leadership - Printing (invitations, etc.) - Expenses (Mileage, copying, postage, itc.) Total for Task GRAND TOTALS ITEM/STAFF I UNITS Env. 10 hrs. Coordinator Producer 10 hrs. Producer 16 hrs. Per session 10 Session Per copy 2100 copies I Lump Sum S I $45 $0 $450 $450 $60 $600 $0 $600 $80 $1,280 $0 $1,280 $400 $4,000 $0 $4,000 $0.50 $0 $1,050 $1,050 $900 $0 $900 $900 1 $27,655 $3,340 $8,280 CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENT/DIVISION Engineering, Rod Rue ITEM DESCRIPTION: Approve Proposal for Pavement Evaluation Services from Good Pointe Technology DATE: March 9,2004 ITEM NO.: '7 .F. Requested Action Move to: Approve proposal for pavement evaluation services fiom Good Pointe Technology in the estimated amount of $42,410. Synopsis As part of our pavement management system, periodic pavement evaluations or condition rating surveys are necessary to effectively manage our city street network. Historically, we have performed these surveys on a three-year cycle on our entire network (currently estimated at 221 miles). Our last survey was completed in 2001 by Good Pointe Technology (our Pavement Management Consultant). The cost for these services will be financed by our Capital Improvement Plan. Background Information The results of this pavement evaluation survey will provide us nine years of pavement condition history for our street network. Our pavement management system provides us a tool in budget preparation for our pavement maintenance needs, as well as selecting specific maintenance projects. Attachments Good Pointe Technology's Proposal for Pavement Evaluation Services 43 February 12,2004 Proposal No. 2004-150 Mr. Rod Rue City of Eden Prairie 6080 Mitchell Road Eden Prairie, MN 55344-2230 Re: Proposal for Pavement Evaluation Services for Eden Prairie, Minnesota Dear Mr. Rue: GoodPointe Technology is pleased to offer pavement evaluation services to the City of Eden Prairie. The requested services are to perform a detailed Pavement Condition Index (XI) survey on approximately 221 centerlinemiles of roadway in the City of Eden Prairie and enter the data into the City's existing pavement management system. This pavement condition survey will update the existing set of pavement management system data and will form the basis of budget analysis projections for the City. To ensure that the City realizes the full value of the information collected for this project, we have added an additional-optional task to deliver an executive summary report on the current and evolving trends in the network-level pavement condition. Attached to this letter is a scope of services and related cost proposal. If after reviewing this document you have any questions or concerns regarding the project setup or services detailed in this letter, please call me at (651) 726-2555. Thank you for your continued interest in our services. We look forward to working with you on this project! Sincerely, /3 D27p/& Anthony J. Kadlec / Vice President Attachment : Proposed Scope of Service Eden Prairie PCI Survey, February 12,2004 Pacie 2 of 5 Client Copy-Page I of 2 (plkase autboriz and keep fir your twods) Proposed Scope of Services - City of Eden Prairie GoodPointe Technology proposes to provide the City of Eden Prairie with the following services: The Pavement Condition Index (PCI) data collection survey will cover the selected streets within the City of Eden Prairie pavement network. The surface condition survey proposed in this task is a walking survey in which 100 percent of the street surface will be surveyed. At a minimum, the following bituminous pavement distress types will be collected as part of the PCI Pavement Condition Survey: Alligator Cracking Flushing Potholes Block Cracking Heaving Raveling Bumps Lane-Shoulder Drop Off Reflective Cracking Corrugation Longitudinal/Transverse Cracking Rutting Depression Patching Shoving Edge Cracking Polished Aggregate Slippage Cracking GoodPointe Technology will enter the data from the pavement condition survey, calculate the PCI and then deliver the updated databases to the City for installation. The City will be able to run budget scenario runs immediately after the installation of the updated databases. An executive summary report on the City pavement network will be delivered to the City. This report will include the information collected in this project and will highlight: Current inventory mileage totals of the network according to the reporting categories defined in the City pavement management system (pavement type, functional class, neighborhood, etc.); The current pavement condition of the network according into the reporting categories mentioned above and summary information to show the overall trends in pavement condition for the last four pavement surface condition surveys (1995,1998, 2001,2004); An appendix which includes a listing of the pavement condition survey results for each pavement section (sorted by: ascending/descending PCI, alphabetical, etc.); and, The completed report will be delivered to the City in MS Word format for storage and use in future presentations at the City. Eden Prairie PCI Survey, February 12,2004 Page 3 of 5 Client Copy-Page 2 of 2 (plkese auttiorize and keep fir your remds] Task Unitcost Units Proposed Cost Estimate - City of Eden Prairie Pavement Evaluation Services Total Cost Basis of Payment: Total Proposed GoodPointe Technology will provide the services described in this proposal for the following costs. $42,410 221 I $41,990 I I 1 I $190 per centerline mile 1 I I 2 I Executive Summary Report: $420 The final cost will be determined by the actual miles surveyed. After reviewing this document, please sign both copies. Keep one copy and return the other to GoodPointe Technology. Receipt of this letter will serve as our authorization to proceed. Invoices shall be submitted on a monthly basis with payment due immediately upon invoice. Total Authorized Amount Up To: $42,410 Approved by Owner CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Mayor Scott Neal, City Manager Date 46 CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENT/DIVISION ITEM DESCRIPTION: I.C. 96-5405 Engineering, Rod Rue Approve Plans and Specifications and Set Bid Date for Intersection Improvements at CSAH 4 @den Prairie Road) and Valley View Road DATE: March 9,2004 ITEM NO.: Requested Action Move to: Adopt resolution approving plans and specifications and setting the bid date for I.C. 96-5405, Intersection Improvements at CSAH 4 (Eden Prairie Road) and Valley View Road. Synopsis This project involves re-constructing three legs of this intersection to provide a typical four-lane divided section on all approaches to this intersection. The project provides left and right turn lanes on both Valley View Road approaches, as well as double left turn lanes on the northbound CSAH 4 approach. The project also involves extending the four-lane divided roadway on Valley View Road westerly to the Constitution Avenue intersection. The cost estimate for construction of these improvements is $1.92 million, not including engineering, right-of-way, and other project development costs. The final cost estimate for all project costs, including the city’s share of these improvements, will be determined and identified in the cooperative construction agreement with Hennepin County. It is anticipated that this agreement will be presented to the council for consideration in April. This project will be financed primarily with State Aid funds. We are proposing to schedule an April 22,2004 bid opening with construction anticipated to be completed by November, 2004. Background Information The preliminary layout for these improvements was approved in February, 2003. The construction plans are consistent with the approved layout with the exception that permanent construction of Valley View Road will end at Constitution Avenue rather than the Community Center entrance. Since the layout approval, final design has been completed and Hennepin County has been securing the necessary right-of-way. The construction schedule is contingent upon securing all necessary right-of-way and removal of an existing house prior to construction start-up. CITY OF EDEN PRAIRIE JXENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2004- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer with the assistance of SRF Consulting Group, has prepared plans and specifications for the following improvements to wit: I.C. 96-5405: Intersection Improvements at CSAH 4 (Eden Prairie Road) and Valley View Road and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. That said plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. 2. That the City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids shall be received until 1O:OO a.m., April 22,2004, at City Hall after which time they will be publicly opened by the City Engineer or designated representative, will then be tabulated, and will be considered by the Council at 7:OO P.M., Tuesday, May 4, 2004, at the Eden Prairie City Hall, Eden Prairie. 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 March 9,2004. - Nancy Tyra-Lulcens, Mayor ATTEST: SEAL, Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 09,2004 DEPARTMENT: Engineering Division Dave Olson ITEM DESCRIPTION: VAC 04-01 ITEM NO.: Adopt Resolution Vacating Drainage and Utility Easements in the Big Woods 3rd Add. matt. Requested Action Move to: Adopt the resolution vacating the drainage and utility easements over part of Lot 4, Block 1, The Big Woods 3rd Addition. Synopsis The Public Hearing for this vacation request was held on February 3,2004. The property owner was unable to provide a conservation easement and an associated mortgage consent prior to the public hearing, therefore the. Council withheld adoption of the resolution until receipt of the easement documents. The recordable documents have now been received and the vacation request may be completed. CITY OF EDEN PRAlRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN THE BIG WOODS 3m ADDITION VACATION 04-01 WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows: All Drainage and Utility Easements over, under and across Lot 4, Block 1, The Big Woods 3rd Addition, Henneph County, Minnesota, according to the recorded plat thereof, as dedicated on said plat, except the northerly and southerly 5.00 feet, except the easterly 10.00 feet and except the westerly 32 feet thereof. This property is located at 8598 French Curve. WHEREAS, a public hearing was held on February 3, 2004, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described are hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on March 9,2004. ATTEST: Nancy Tyra-Lukens, Mayor SEAL Kathleen A. Porta, City Clerk CONSERVA"ION/SCE~C EASEMENT "XIS EASEMENT AGREEMENT, made this 2 day of%Ru- ,2004, by and between Gary L. Hokkancn and Patricia L, Hokkanen, a xnarriea couple, &reinafter referred to as ''C3rantoq" and the CITY OF EDBN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to 8s ''City?' W'WUZEAS, Grantor is the fee ower of land located in Hemepin County, Minuesota, more Wly described in Exhibit A, dbched heGto and made a part hemf, and said land hereinafter referred tz, as the uPropatyp' and, w.H'EWAS, Grantor has marketable title ta the Property, &e and clear of all liens, mortgage, and encumbrances, except: mortgage identified in Paragraph 3.A. WHEREAS, Grantor add City Wish to enter hto ao agreement which will grant to City a cor~~~ancy/sce~c easement far conservation and p~~ervation of the terrain and vegdon, and to prohibit certain destructive acts thereon, over that portiOn of the subdivision as described in Exhibit A, hmi,n&er r&md to as the "Easement Area," attached hereto; ;NOW, "'HXWli'(TRE, in consideration of the premises contained keh, it is agreed by the parties as fallows: 1. Grantor hcmby conveys to City and its mccemm and assigns a consewation and scenic easement in, under, on, and over the ''Easement Area,'' and City hereby accepts such conveyance. 2. The following tenns and conditions shall apply to the Easement Area: A. "he Basement Area sM1 be preserved predominantly in its natural condition. No trees, shrubq or other vegetation shatl be planted upon the easement area and no trees, shrubs, ox other vegetation shall be removed fiom the Easement Area without the prior written consent of the City. B. No building, road, sign, billboard, utili?y, or other structure sMl be placed in the Easement Area without the prior written consent of City. C. No trash, waste, or other offensive material, soil, or landfill shaU be placed upon or within the Easement Area without thc prior written consent of the Ciw. D, No change in the general topography of the Easement Area Landscape, inchliig, but not limited, to excavation, dredging, 'movement, and removal ore placement of sod, shd be allowed wiW the Easement Area without the prior written consent ofthe City. 3. With respect b tbe Easement Area, Grantor represents and warran&, as follows: A) That Grantor has marketabla title free and clear of all liens, encmbca and mortgages except that certain mortgage dated No~ember 13, 1998, filed, December 8, 1998 as Document No. 7016106 assigned ta TCF Mortgage Corporation by Assignment of Martgage dated November 13, 1998, flied Jaauary 11, 1999 as Document No. 7035965. B) That Grantor has not ud, employed, deposited, stored, disposed of, placed OF o&&se allowed to came in or on the emment ma, any hazardous substance, hazardous waste, pollutant, or oontqmimmt, including, hut not limj;ted to, thase defined in or pursuant to 42 U.S,C. SS 9601, et. seq., ur Mh. Stat., Sec. 115B.01, et. seq, (such substances, wastes, pollutants, and cmtatninants hereafter referred to as "Hazardous Substances"); C) That to the best of Grantor's knowledge, Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the easement area, my Hazardous substances; D) That to the best of Grantor% howledge, no previous owner, operator or possessor of #e easement area, deposited, stored, disposed of, placed, or otherwise Jbwed in or on the Easement Area any H&ous Substances; Grantor agrees to indenmi@, defend and hold h.ardws City, against any and all loss, costs, damage and expense, including reasonable attorneys fees and casts that City hcks because of the breach of any of the above representations or warranties ador resUtting fiom ox' due to the inaccuracy or fhlsity of any representation or warranty herein. 4. Grantor agrees to maintain the Easement Area subject to the provisions stated herein- 5a 5. The duration of this easement is papettd and shall bid and inm to the benefit ofthe parties, their successors, and assigns. 6. Nothing contained herein shall impair rmy dght of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 7. me mortgagee rekreed to above ia Paragraph 3. A. has consented to the grid~g oftbis ConsewatiodScdc Ema by that certain Consent attached hereto. CITY OF'IEDEN PRAXRIIE Nancy Tyra-Lukens, Mayor Scott H. Neal, City Manager STATE OF MINNESOTA 1 COUNTY OF l3E"EPm ) ) 38, ,2004 by Nancy Tp-Lukens and Scott Neal, the Mayor and City Mamger, respectively, of the City 'of Eden Prairie, a Minnesota municipal co~~cm, on behalf of the copomtion. This instrument was acknowledged before me on this - day of Notary Public STATEOFMTNNESOTA ) 1 ss. COIJNTY OF mmPm ) This instrument was acknowledged befh me on this &day of 6&~- 2004 by Gary L. Hoken and Patricia L. Hokkanm, a married couple, owners of Lot 4, Bio k 1, "he Big Woods 3' Addition. 53 EXEKIBITA The "Propertyn recorded plat thereof. Ld 4, Stock 1, The Big Woods 3"' Addition, Hennepin County, Minnesota according to the The 6sEasememt Area" That part of bt 4, Black, 1, The Big Woods 3m' Addition, described as the westerly 32 feet of said ]Cot 4. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 9,2004 ITEM NO.: ITEM DESCRIPTION: DEPARTMENT: From: Robert A. Lambert 4+-- A ---:--L--. lippumL1Ilt;nt to City / School Advisory Committee 1 Director of Parks & Recreation Requested Action Move to: Appoint Ian Mackay as the Parks, Recreation and Natural Resources Commission Representative on the City / School Facility Use Advisory Committee. Synopsis David Larson the current Representative to the Facility Use Advisory Committee from the Parks Commission will complete his term on the Parks Commission as of April 1. Mr. Larson has also served as Chair of the City / School Facility Use Advisory Committee for the last year. Ian Macltay has volunteered to serve as the representative from the Parks Commission and was recommended by the Parks Commission on a 9:0 vote. RAL:bju 55 CITY COUNCIL AGENDA SECTION: Consent Calendar Request from Eden Prairie Girls Athletic From: Robert A. Lambert Requested Action Move to: Authorize staff to contract for architectural services to assist in the design of the concept plan for the park building for Miller Park Softball Complex. Synopsis The Eden Prairie Girls Athletic Association is requesting the City to initiate planning for construction of a building to be located in the softball complex at Miller Park that would provide public restrooms, concession facilities, storage for softball equipment and field maintenance equipment. This facility is included in the City’s Capital Improvement Plan and funding is also provided in the 2004 referendum. Background In 1994 when the Miller Park plan was approved in a referendum, plans called for future buildings to be constructed to serve each of the various athletic field complexes. Utilities including electricity, water, sewer and gas were extended to the various building sites in anticipation of these buildings. The first building constructed was the warming house/park shelter serving the hockey rink and free-skating rink. The second facility was the Baseball Association building, of which 40% of the cost was funded by the Baseball Association. The Girls Softball Association is a much smaller organization than the Baseball Association. City staff is recommending the Girls Athletic Association contribute $50,000 towards this project with a balance coming from the referendum and from park dedication fees. City staff supports the request for initiating the design of this facility. Staff would recommend initiating concept plans for the building at this time. Detailed plans and specifications would not be initiated unless the referendum is successful. The cost of the architectural services would be funded through park dedication fees. Attachment: Letter from EPGAA dated February 9,2004 56 February 9,2004 Bob Lambert Director, Parks and Recreation Dear Mr. Lambert: As you are aware, the Eden Prairie .,Girls Athletic Association (EPGAA) has been fund-raising for several years in order to provide financial assistance to the city to use in upgrading the facilities in’the pin-wheel (fields.4-7) at Miller Park. The fields in the pin-wheel are currently used for games, practices and tournaments by our girls in- house teams, girls travel teams as well as the Eden Prairie High School girls fastpitch teams. This year we anticipate holding our in-house tournament at Miller Park as well (which had previously been held at Round Lake). With all of these young women, their families and fans attending activities at the fields, the current amenities provided are inadequate. Amenities include several portable toilets (Biffs) and drinking fountains. Miller Park has outstanding fastpitch playing fields, which we feel very fortunate to have in our community. As you probably are aware, from a fastpitch softball perspective these fields are the best in the state! The fields encompass permanent fencing at fastpitch regulation distance, great drainage,. sprinkling and superb dugouts! We truly appreciate this fact and enjoy what the community and city leadership has provided to us for our daughters’ use. It is our feeling that any building structure to be constructed inside the pinwheel should achieve a similar standard of excellence. We would like to contribute our building fund-raising dollars to assist the city in enhancing the current facilities by including amenities befiing the superb design and scale of the park. Byupgrading the pin- wheel with the necessary amenities, Miller Park will certainly be one of the finest; if not the finest, facility in the state. - f-’ While we are less than one-third the size of the boy’s baseball association and are a relative new kid on the block when it comes to fund-raising, the EPGAA parents have working tirelessly to raise funds for this facility. Our building fund income has come from a number of sources including parents, tournament gate proceeds, local businesses, spaghetti dinners and silent auctions, and a generous $10,000 donation from the Eden Prairie Foundation. With the Eden Prairie Foundation grant and this summer‘s registration assessment that will be collected later this month, our building fund balance will climb to approximately $50,000. We anticipate additional building fund income in 2004 of approximately $1 0,000 from various planned fund-raising events. Given our need for adequate facilities at the park and the sizeable funds we have raised thus far, we would like to request that the city move forward on the planning and construction for facilities in the pin- wheel at Miller Park. Attached is a brief listing of amenities we would like to be considered in the design. We look forward to the opportunity to work with the city so that together we can design and construct a facility that will meet the needs of the community for many years to come. Respectfully yours, Sharon Burger Softball Commissioner Eden Prairie Girls Athletic Association 9583 Marshall Road Eden Prairie MN 55347 buraersack8 aol.com 952-906-1 848 0 Page2 February 9,2004 Amenities Restrooms (including a minimum of 5 women’s stalls and a changing area) Enclosed Concession Area Storage (for both players equipment and field maintenance equipment) Covered area (protection from the elements) - possibly similar to the passage way at the boys building at the other end of the park, but on a more spacious scale. Spectator accommodations - enhanced bleachers, which might be incorporated into the building design or through topography changes. Meeting room Utilities including water, electricity and gas line Raised observation deck Possibly the construction of an indoor batting cage, which would raise significant money for ongoing needs. (The outdoor batting cages at Dred-Scott are an example. 3 season or year round facilities could be even more useful.) 52 CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENTlDIVISION: ITEM DESCRIPTION: Stuart A. Fox, Manager of Parks & Natural Resources Robert A. Lambert, Director Bids for Richard T. Anderson Conservation Area Grading and Parking Lot Construction DATE: March 9,2004 ITEM NO.: ZtL.K Requested Action Move to: Approve the bid for the construction of the Richard T. Anderson parking lot to Midwest Asphalt Incorporation at a bid amount of $102,750.00. Synopsis City staff has been working with a consultant to develop a driveway and a parking lot plan for the Richard T. Anderson Conservation Area for the past year and a half. The plans and specifications were developed in late summer of 2003; however, the first bid advertisement for this project resulted in no bidders for the project. The project was advertised again this winter and staff received one bid for the project on February 24,2004. There were a total of three contracting firms that did pick up the plans and specifications for the project; however, only Midwest Asphalt Incorporated submitted a bid for the doing the work. The consultant’s estimate for the project was $130,000. Timeline for completion for the project is July 1,2004. The Parks, Recreation and Natural Resources Commission reviewed and approved the recommendation of the bid award to Midwest Asphalt Incorporated at their March 1,2004 meeting. SAF:bju CITY COUNCIL AGENDA SECTION: Public Hearing DATE: March 9,2004 ITEM DESCRIPTION: ITEM NO.: 2004 Community Development Block Grant Funding (CDBG) Recommendations DEP ARTMENT/DIVISION: Housing and Human Services Molly Koivumaki YDL.PF. Requested Action Move to: Adopt Resolution approving the use of funds for the 2004 Urban Hennepin County Community Development Block Grant (CDBG) program as recommended by the Eden Prairie Human Service Review Committee (EPHSRC). Synopsis The Eden Prairie Human Service Review Committee (EPHSRC) reviewed the 2004 CDBG proposals and recommended the following activities be funded. Funding Level 2. HOPE - Family Support Services $7,000 4. HOME - Household & Outside Maintenance for the Elderly $5,000 5. HomeLine Tenant’s Advocacy Service $3,000 Sub Total $35,100 Public Service Activities (1 5% cap) 1. PROP - Emergency Housing AssistanceEar Repair $10,100 3. GMDCA - Child Care Subsidy Program $10,000 county Priority High High High High High (15% of total) Housing Activities Level 6. Housing Rehabilitation Deferred Loan Program $50,000 High 7. Affordable HousingLand Trust $148,900 High Sub Total $198,000 (75% of total) Grand Total $234,000 Background Information The 2004 CDBG entitlement is $234,000, and will be available beginning in July 2004. The EPHSR Committee, which is comprised of staff fiom Police, Park and Recreation, Housing and Human Services and Office of the City Manager, considered priorities established by Hennepin County in developing their recommendations. The national objectives of the CDBG program include developing viable urban communities by providing decent housing, a suitable living environment and expanded economic opportunities principally for low and moderate-income persons; and aiding in the prevention or elimination of slums and blight and meet other community development needs having particular urgency. Although the national objectives are quite broad, all funding proposals were evaluated against the list of priority needs established by Hennepin County to help cities guide their funding decisions. Each year several notices are published in the local newspaper seeking ideas or request for funding. Attachments 2004 CDBG Summary of Proposals 2004 CDBGSm Activity Childcare subsidy HOME Program Tenant Advocacy Services Housing, Rehabilitation Preferred Loan Pro gram Affordable HousingLand Trust Emergency Financial Assistance Family Support Services Agency/ Contact Greater Mpls. Day Care Association Senior Community Services HOME Line City of Eden Prairie City of Eden Prairie PROP HOPE; City of Eden Prairie Funding Level k 10,000 $5,000 $3,000 $50,000 $148,900 $10,100 $ 7,000 nary of Proposals Purpose Subsidizes childcare for Iow- income working families until they can be put on the Henn. Cty. sliding fee program Provide maintenance and chore service to persons 60 md older. Provide tenant information md advocacy telephone hotline to resolve tenant/landlord problems Offers low-interest deferred loans of up to $15,000 to eligible residents for home improvements. Loans are recovered when recipients sell home. Program funded since 1975 Focus on home ownership for low and moderate Eden Prairie residents Provides emergency financial assistance for housing and transportation problems for low-income residents Provides family support servicedself-sufficiency Drogram Clients Served 2003 3 EP tamilies 14 EP residents loo+ calls fiom EP residents 4 clients served Funds changed for use in creating HWan Services Ctr. at EPCenter All funds will be used in 2004 30 EP families TOTALS: $234,000 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2004- RESOLUTION APPROVING USE OF FUNDS FOR 2004 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the City of Eden Prairie through execution of a Joint Cooperation Agreement with Hennepin County, is a cooperating unit in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Eden Prairie has developed a proposal for the use of Urban Hennepin County CDBG funds, and held a public hearing on March 9,2004 to obtain the views of citizens on the proposed use of $234,000.00 for the 2004 Community Development Block Grant Program. BE IT RESOLVED that the City Council of the City of Eden Prairie approves the following activities for funding from the Urban Hennepin County Community Development Block Grant program, authorizes submittal of the proposal to Hennepin County for review and inclusion in the 2004 Urban Hennepin County Community Development Block Grant Program, and authorizes and directs the Mayor and the City Manager to execute Sub recipient and Third Party Agreements between the City and Hennepin County on behalf of the City. ACTIVITIES BUDGET PROP - Emergency Housing Assistance/ Transportation HOPE - Family Support Services GMDCA - Child Care Subsidy Program HOME - Household & Outside Maintenance for Elderly Homeline - Tenant’s Advocacy Service Housing Rehabilitation Deferred Loan Program Affordable HousingLand Trust Total $10,100 $ 7,000 $10,000 $ 5,000 $ 3,000 $ 50,000 $148,900 $234,000 ADOPTED by the City Council of the City of Eden Prairie this gtll day of March, 2004. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk Hennepin County Housing & Community Development Goals 200 1-2004 High<50% MFI High<50% MFI High<30% MFI High<30% MFI Category 800 units 50 units 150 units 50 units Rental Housing Small FamilyAJnrelated Individual Large Family Elderly Physically Disabled High<50% MFI Use Continuum of Care Use Continuum of Care Low Low High Medium Medium Medium High High High High Ownership Housing Existing; Homeowners . Housing Rehabilitation Mortgage Foreclosure Prevention First Time Homebuvers 8 Homeownership Assistance . Physically Disabled Homeownership Training 1,300 households 5 households 1,250 households 500 persons 100 unitsheds 50 unitsheds 50 unitsheds 150 unitsheds 50 unitsheds 50 unitsheds 50 unitsheds NIA N/A NIA N/A Homeless Housing Prevention & Housing Services (Emergency Shelter Grant funds only) Housing unitsheds (Include shelterltransitional housing for survivors of domestic abuse) Special Needs won-Homeless) Frail Elderly Chemically Dependent Mentally I11 Developmentally Disabled Physically Disabled Persons with AIDS Community Development & Public Service Senior Services/ Facilities Family Serviced Facilities Youth Services Neighborhood Revitalization* High<50% MFI 1,200 units 1,000 households * Neighborhood revitalization, for removal of blighted housing, is a high priority only when a minimum of 20% of new or rehabilitated housing is affordable to low and moderate income households. 63 CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: March 9,2004 DEPARTMENT: Management and Budget Sue Kotchevar ITEM DESCRIPTION: Payment of Claims ITEM NO.: -I\(, Requested Action Move to: Synopsis Checks 127634 - 128189 Wire Transfers 1955 - 1969 Background Information Attachments City of Eden Prairie Council Check Register 03/09/2004 Check # 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 1966 1967 1968 1969 127634 127635 127636 127637 12763 8 127639 127640 127641 127642 127643 127645 127646 127647 127648 127649 127650 12765 1 127652 127653 127654 127655 127656 127657 127658 127659 127660 127661 127662 127663 127664 127665 127666 127667 127668 127669 127670 127671 127672 127673 127674 127675 127676 127677 127678 127679 Amount 69,432 71,077 71,106 83 1 74,528 71,584 9,723 24,961 14,668 124,3 79 71,306 9,818 26,035 14,918 131,344 14 623 78 1 178 10,022 23,963 408 84 117 416 1,678 58 125 429 2,988 107 400 151 3,168 75 16 200 10 46,537 519 107 235,808 465 2,444 93 129 65,340 62 390 120 64 115 8 479 137 410 50 55 2,433 80 Vendor I Explanation PUBLIC EMPLOYEES RETIREMENT PUBLIC EMPLOYEES RETIREMENT PUBLIC EMPLOYEES RETmMENT MINNESOTA DEPT OF REVENUE MMNESOTA DEPT OF REVENUE PUBLIC EMPLOYEES RETLREMENT MTNNESOTA DEPT OF REVENUE ORCHARD TRUST CO AS TRUSTEEKU WELLS FARGO MINNESOTAN A PUBLIC EMPLOYEES RETIREMENT MINNESOTA DEPT OF REVENUE ORCHARD TRUST CO AS TRUSTEEKU WELLS FARGO MINNESOTAN A ASPEN WASTE SYSTEMS INC. BEST BUY BJORIUUND, ROBERT CHOICE INC DELL MARKETING L.P. DNR WATERS EDENS ON CAMPUS ERGOMETRICS ESCHELON TELECOM INC GE CAPITAL GENUINE PARTS COMPANY HENNEPIN COUNTY HOPKINS FIRE DEPARTMENT LIONS TAP MI" CHILD SUPPORT PAYMENT CTR MINNESOTA CONWAY MINNESOTA RURAL WATER ASSOCIAT MOORE MEDICAL COW MUNICIPAL EMERGENCY SERVICES PAIN ENTERPRISES INC. STATE OF MINNESOTA WILDER, LOIS CENTERPOINT ENERGY MARKETING I DE LAGE LANDEN FINANCIAL SERVI FEDEX GENERAL GROWTH PROPERTIES INC INGRAM EXCAVATING INC INSIGHT PUBLIC SECTOR KIRCHMAN, GLORIA KRESS, CARLA LEAGUE MN CITIES INS TRUST METRO SALES INCORPORATED* MINE SAFETY APPLIANCES COMPANY MINNESOTA DEPT OF LABOR AND IN MISHRA, ABHAY MN TRANSPORTATION ALLIANCE MmAKAMI, SUSAN NORTH AMERICAN PROPERTIES PARK NICOLLET CLINIC PEMTON LAND PRESERVATION ALLWCE OF MI"E QUICKSILVER EXPRESS COURIER QWEST RANWEILER, BETH ICMA RETIREMENT TRUST-457 ICMA RETIREMENT TRUST-457 ARC €IE"EPIN-CARVER Account Description Employers PERA Benefit payments Benefit payments Sales Tax Payable Cash Over/Short Benefit payments Deferred Compensation State Taxes Withheld Deferred Compensation Benefit payments Benefit payments Deferred Compensation State Taxes Withheld Deferred Compensation Benefit payments Waste Disposal Operating Supplies Insurance Other Contracted Services Computers Licenses & Taxes Special Event Pees Employment Support Test Equipment Repair & Maint Other Rentals Equipment Parts Deposits Dues & Subscriptions Operating Supplies Garnishment Withheld Operating Supplies Conference Expense Safety Supplies Protective Clothing Chemicals Operating Supplies Other Contracted Services Conference Expense Gas Other Rentals Postage TIF Payment Deposits Repair & Maint. Supplies Operating Supplies Special Event Fees Workers Comp Insurance Equipment Repair & Maint Tuition Reimbursement/School Licenses & Taxes Youth Resident Conference Expense Program Fee Deposits Other Contracted Services Deposits Miscellaneous Postage Telephone Lessons & Classes 65 Business Unit General Fund Health and Benefits Health and Benefits General Fund General Fund Health and Benefits General Fund Health and Benefits General Fund Health and Benefits Health and Benefits General Fund Health and Benefits General Fund Health and Benefits Maintenance Fire Risk Management Prairie Village Liquor Store Information Technology Water Utility - General Adult Program Human Resources Telephone General Fleet Services Escrow Fire Fire General Fund Fire Water Utility - General Fire Fire Pool Maintenance Fleet Services Adult Program Parks Administration Public WorkdParh General General EP Shopping Center Escrow Fire Senior Center Program Adult Program Risk Management General Fire Maintenance Community Center Admin Engineering Leisure Education Escrow Risk Management Escrow Heritage Preservation General E-911 Program Fitness Classes Check # Amount Vendor I Eqlanation Account Description Business Unit 127680 127681 127682 127683 127684 127685 127686 127687 127688 127689 127690 127691 127692 127693 127694 127695 127696 127697 127698 127699 127700 127701 127702 127703 127704 127705 127706 127707 127708 127709 127710 12771 1 127712 127713 127714 127715 127717 127718 127719 127720 127721 127722 127723 127724 127725 127726 127727 127728 127729 127730 12773 1 127732 127733 127734 127735 127736 127737 127738 127739 127740 127741 127742 127743 127744 51 16 92 354 514 212 10 175 7 703 39 175 348 113 112 147 240 124 852 44 5 6,438 9 423 486 95 136 983 5,675 2,569 6,234 116 48 1,945 11,688 1,180 12,845 12,536 429 4,050 7,258 468 3,341 1 1,256 5,487 78 70 1 2,335 711 100 42 1 55 668 48 14 177 13,618 105 58 319 260 21 99 222 RAYMOND, THOMAS SABRE HEATINGAND AC STEINER, SHARON SUCCESSFUL EVENTS THREE RWERS LANDSCAPE UNITED HEALTHCARE SERVICES INC USHER, DAVID WAYTEK INC XCEL ENERGY BATES, DON DWN, CHRISTINE DIETHELM, GARY ELEMENTS FOOD SERVICE GUTHRIE THEATER KING, DONNA KRESS, CARLA ROBRAN, ANTI-IONY SCIENCE MUSEUM OF MINNESOTA SEARS COMMERCIAL ONE SHAH, BHAVNA SMITS, KEVIN & AMY SOUTHDALE YMCA YOUTH DEVELOPME STAR TRTBUNE AMERICAN INTERTRADE AMERIPRIDE LINEN & APPAREL SER ARCTIC GLACIER INC BELLBOY CORPORATION DAY DISTIUBUTING EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY FINE WINES FROM EUROPE GEPMAN COMPANY GRAPE BEGINNINGS GRIGGS COOPER & CO HOHENSTEINS INC JOI-JNSON BROTHERS LIQUOR CO MARK VI1 MIDWEST COCA COLA BOTTLING COM PAUSTIS & SONS COMPANY PHILLIPS WINE AND SPIRITS INC PINNACLE DISTRIBUTING PRIOR WINE COMPANY QUALITY WINE & SPIRITS CO THORPE DISTRIBUTING TRI COUNTY BEVERAGE & SUPPLY WINE MERCHANTS INC WORLD CLASS WINES INC ALL METRO SUPPLIES AMEM ASPEN WASTE SYSTEMS INC. AUTOMATIC GARAGE DOORS BEST BUY CAPOUCH, ROBIN CULLIGAN BOTTLED WATER DE LAGE LANDEN FINANCIAL SERVI DELTA DENTAL PLAN OF MN FIRE MARSHALS ASSN OF MINNESOT GENZ RYAN PLUMBING & HEATING GRAY, ALAN HAMMERSCHMIDT, RICK HANLON, KIM HENNEPIN COUNTYTFEASURER US POSTMASTER - HOPKINS GOPHER STATE ONE-CALL INC Deposits Cash OverIShort Operating Supplies Operating Supplies Deposits Employee Assistance Fac. Rental - P&R Equipment Parts Electric Program Fee Lessons & Classes Other Contracted Services Special Event Fees Special Event Fees Wages No Benefits Mileage & Parking Other Contracted Services Special Event Fees Small Tools Lessons & Classes Outside Water Sales Other Contracted Services Dues & Subscriptions Printing Liquor Repair & Maint. Supplies Misc Non-Taxable Operating Supplies Beer Wine Imported Beer Wine Imported Misc Taxable Wine Imported Liquor Beer Liquor Beer Misc Taxable Wine Imported Wine Domestic Misc Non-Taxable Wine Domestic Liquor Beer Beer Wine Domestic Wine Domestic Landscape MaterialsISupp Dues & Subscriptions Waste Disposal Mechanical Permits Operating Supplies Program Fee Operating Supplies Other Rentals Benefit payments Dues & Subscriptions Cash OverIShort Other Contracted Services Dues & Subscriptions Operating Supplies Operating Supplies Equipment Repair & Maint Escrow General Fund Senior Center Prom Adult Program Escrow Employee Benefits Community Center Admin Fleet Services Staring Lake Preschool Events Pool Lessons Pleasant Hill Cemetary Adult Program Adult Program Fitness Classes Senior Center Administration Adult Program Adult Program Park Maintenance Pool Lessons Water Enterprise Fund Housing, Trans, & Human Serv Prairie View Liquor Store Senior Center Program Prairie Village Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Den Road Liquor Store Storm Drainage Fire Water Treatment Plant General Fund Fire Preschool Events Fire Fire Health and Benefits Fire General Fund Water System Maintenance Engineering Fire Fire Traffic Signals 66 Check # Amount Vendor I Explanation Account Description Business Unit 127735 127746 127747 127748 127749 127750 127751 127752 127753 127754 127755 127756 127757 127758 127759 127760 127761 127762 127763 127764 127765 127766 127767 127768 127769 127770 127771 127772 127773 127774 127775 127776 127777 127778 127779 127780 12778 1 127782 127783 127784 127785 127786 127787 127788 127789 127790 127791 127792 127793 127794 127795 127796 127797 127798 127799 127800 127801 127802 127803 127804 127805 127806 127807 127808 257 30 100 525 10 77 143 282 14 75 535 35 130 7 100 595 1,096 246 3 95 70 209 21 696 72 225 244 1,000 28 290 172 18 82 80 454 118 780 150 100 300 100 257 3,307 25,394 182,806 4,258 240 404 310 142 1,122 100 26 100 50 48 1 129 200 100 4,659 100 25 1,260 10 350 INSTITUTE OF TRANSPORTATION EN KRAEMERSHARDWAREINC LIONS TAP MACQUEEN EQUIPMENT INC MCGILL, ALICE MENARDS MERLINS ACE HARDWARE METRO SALES lNCORPORATED* MIKE’S SHOE REPAIR INC MINNESOTA BOARD OF ELECTRICITY h4l”ESOTA NAHRO NATIONAL RECREATION AND PARK A O’SHAUGHNESSY, VENITA PRIORITY COURIER EXPERTS RATEKE, MARILYN JANE REBS MARKETING ROUSE, SUSAN SOUNDS GREAT STANTON GROUP TIME WARNER CABLE UPS WEMYSS, SCOTT WHITE, NICOLE BELAIR EXCAVTING BEVELL, BRYAN CARLSON, TRISHA CASEY, JACK DELL MARKETING L.P. DISH NETWORK EDEN PRAIRIE CHAMBER OF COMMER ESRI HUTTON COMMUNICATIONS, INC. INSIGHT PUBLIC SECTOR KERR, WAYNE KITT, R B. LIMBERG, KRISTY LITTLE, STEVE MENARDS METRO SALES INCORPORATED* METROPOLITAN COUNCIL METROPOLITAN COUNCIL ENVIRONME MINNESOTA STATE TREASURER PETTY CASH PRECISION BUSINESS SYSTEMS INC QWEST QWEST COMMUNICATIONS SCHNOBRICI-I, JIM SCHUMACHER KATJ3LEEN SMITH, JACQUELINE USPCA REGION 18 TREASURER VERIZON DIRECTORES CORP VERIZON WIRELESS BELLEVUE WASHMGTON COUNTY SHERIFF’S OF WILDER, KAREN XCEL ENERGY ZIEGLER, EILEEN A TO Z RENTAL CENTER AMERICAN PUBLIC WORKS ASSOCIAT BOLD, PAULINE MINNESOTA CHAPTER IAAI-J SCW BCA - BTS G & K SERVICES-MPLS INDUSTRIAL MN-HTCIA ARC HENNEPIN-CARVER Dues & Subscriptions Operating Supplies Awards Conference Expense Program Fee Operating Supplies Repair & Maint. Supplies Ofice Supplies Protective Clothing Merchandise for Resale Conference Expense Other Contracted Services Dues & Subscriptions Program Fee Equipment Repair & Maint Other Contracted Services Other Contracted Services Clothing & Uniforms Other Contracted Services Conference Expense Cable TV Postage Small Tools Mileage & Parking Tuition ReimbursementlSchool Deposits Other Contracted Services Lessons & Classes Other Contracted Services Other Hardware Cable TV Miscellaneous Training Supplies Cleaning Supplies Operating Supplies Computers Other Contracted Services Refunds Other Contracted Services Refunds Operating Supplies Other Rentals Due to Other Governments Waste Disposal Building Surcharge Tuition ReimbursementlSchool Mileage & Parking Other Contracted Services Telephone Pager & Cell Phone Other Contracted Services Lessons & Classes Refunds Tuition ReimbursementlSchool Advertising Pager & Cell Phone Tuition Reimbursement/School Rehds Electric Refunds Equipment Parts Dues & Subscriptions Conference Expense Instructor Service Engineering Street Maintenance Raquetball Engineering Senior Center Program Park Maintenance Maintenance General Fire Inspections-Administration Fire Economic Development In Service Training Senior Center Program Fleet Services Art & Music Water Accounting Ice Show Youth Programs Administration In Service Training Fire General Fire Therapeutic Rec Administration Police Escrow Winter Theatre Ice Arena Senior Center Program Information Technology Ice Arena In Service Training Water System Maintenance Water Treatment Plant Wireless Communication Sewer Utility - General Winter Theatre Environmental Education Winter Theatre Environmental Education Skating Rinks General SAC Agency Fund Sewer Utility - General General Fund Police Economic Development Water Utility - General Telephone Police Winter Theatre Ice Arena Environmental Education Police Prairie Village Liquor Store Street Maintenance Police Environmental Education Water Treatment Plant Environmental Education Fleet Services Engineering Parks Administration Outdoor Center Check # 127809 127810 12781 1 127812 127813 127814 127815 127816 127817 127818 127819 127820 127821 127822 127823 127824 127825 127826 127827 127828 127829 127830 12783 1 127832 127833 127834 127835 127836 127837 127838 127839 127840 127842 127843 127844 127845 127846 127847 127848 127849 127850 127851 127852 127854 127855 127856 127857 127858 127859 127860 127861 127862 127863 127864 127865 127866 127867 127868 127869 127870 127871 127872 127873 127874 Amount 185 9,435 495 500 28 8,574 2 20 103 300 38 225 56 95 120 56 151,470 90 105 90 2 7 74 38 3,433 240 2 80 48 55 63 63 2 38 105 96 3,869 6,868 5,709 17,902 69 1 1,355 9,758 20,323 8,934 468 752 130 3,660 9,2 13 732 2,152 12,392 18,769 1,235 2,690 753 2,768 1,106 1,455 163 90 117 57 Vendor I Explanation BOYER TRUCKS SO. ST. PAUL CANON CLOSED CIRCUIT SPECIALISTS INC CROW WING COUNTY SHERIFF'S DEP ELAN FINANCIAL SERVICES HART, PHYLLIS HOPKINS COMMUNITY EDUCATION KING, DONNA KRENZ CONSULTING KRENZ, KRISTINA L & S HOSPITALITY AND DIRECTOR LILLIGREN, KATHY LIMBERG, KRISTY LUDWIG, JAY MEDICA CHOICE MINNESOTA BD OF PEACE OFFICER MINNESOTA BUREAU OF CRTMINAL A MUHLHAUSER, WENDY PASCII, EVERLY PORTER, JANIS PRIORITY COURIER EXPERTS QUICKSILVER EXPRESS COURIER QWEST DEX RED ROOSTER AUTO STORES ROCHFORD, JULIE SEARS EDEN PRAIRIE SEATON, ROBYN STARTBRIGHT CLEANERS TELEPHONE ANSWERING CENTER INC WITTENBERG, MARIE ACE ICE COMPANY Ah4ERIPRIDE LlNEN & APPAREL SER ARCTIC GLACIER INC BELLBOY CORPORATION DAY DISTRIBUTING EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY FLMIERTYS HAPPY TYME COMPANY GRAPE BEGINNINGS GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO MARK VI1 MIDWEST COCA COLA BOTTLING COM NEW FRANCE WINE COMPANY PACIFIC DIRECT PAUSTIS & SONS COMPANY PHILLIPS WINE AND SPIRITS INC PINNACLE DISTRIBUTING PRIOR WINE COMPANY QUALITY WINE & SPIRITS CO THORPE DISTRIBUTING WINE COMPANY, THE WINE MERCHANTS INC WORLD CLASS WINES INC AMWA ASPEN WASTE SYSTEMS INC. C & C EMBROIDERY COMMUNITY HEALTH CJSJARITIES CUB FOODS EDEN PRAIRIE DAVIS, BOB DRIVERS LICENSE GUIDE CO CULLIGAN-METRO LrnKSANDY STEWART-IESTER, RENEE Account Description Equipment Parts Other Assets Building Repair & Maint. Deposits Operating Supplies Travel Expense Program Fee Conference Expense Instructor Service Other Contracted Services Operating Supplies Advertising Program Fee Operating Supplies Operating Supplies Program Fee Medical Bills Prepaid Licenses & Taxes Employment Support Test Instructor Service Program Fee Program Fee Equipment Repair & Maint Postage Advertising Equipment Parts Program Fee Equipment Repair & Maint Operating Supplies Operating Supplies Other Contracted Services Other Contracted Services Program Pee Misc Non-Taxable Repair & Maint. Supplies Misc Non-Taxable Wine Imported Beer Wine Imported Beer Misc Non-Taxable Wine Domestic Misc Taxable Transportation Beer Misc Taxable Wine Domestic Misc Taxable Wine Domestic Wine Domestic Operating Supplies Wine Domestic Wine Domestic Beer Wine Imported Wine Imported Wine Domestic Prepaid Expenses Waste Disposal Operating Supplies United Way Withheld Operating Supplies Clothing & Uniforms Liquor Compliance Fines Business Unit Fleet Services Water System Maintenance Prairie View Liquor Store Escrow Outdoor Center City Council Senior Center Program Parks Administration Fitness Classes Winter Theatre Winter Theatre Prairie View Liquor Store Ski Trips/Winter Camp Winter Theatre Arts Ski TripsrWinter Camp Health and Benefits Police Human Resources Preschool Events Senior Center Program Senior Center Program Fleet Services General Prairie View Liquor Store Fleet Services Senior Center Program Senior Center Operations Winter Theatre Winter Theatre Recreation Administration Water Treatment Plant Senior Center Program Prairie View Liquor Store Prairie Village Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Water Enterprise Fund Fire Station #3 Fire General Fund Police Police Liquor Compliance Check # 127875 127876 127877 127878 127879 127880 127881 127882 127883 127884 127885 127886 127887 127888 127889 127890 127891 127892 127893 127894 127895 127896 127897 127898 127899 127900 127901 127902 127903 127904 127905 127906 127907 127908 127909 127910 12791 1 127912 127913 127914 127915 12791 6 127917 127918 127919 127920 127921 127922 127923 127924 127925 127926 127927 127928 127929 127930 12793 1 127932 127933 127934 127935 127936 127937 127938 Amount 181 200 3,250 210 279 25 39 81 196 10 3,684 404 523 30 40 280 1,680 1,000 2 2,719 25 705 80 40 269 249 2 500 90 420 209 70 3,462 117 32 28 2,000 36 22 198 234 99 234 407 96,442 7,182 124 41 35 38 80 100 8 632 41,898 38 462 38 220 2 98 134,666 239 100 Vendor I Explanation EDEN PRAIRlE CHAMBER OF COh4MER ELLER, DON EMTS FITZCO INC GERTZ, JOHN GINA MARIAS INC GRAY, ALAN HAMMERSCHMIDT, RICK WON, KZM HENNEPIN COUNTY FIRE CHIEF ASS IENNEPIN TECHNICAL COLLEGE HOME DEPOT CREDIT SERVICES HTCIA IAPE ICE SKATING INSTITUTE INTERNATIONAL UNION OF OPERATI JOHNSON, SUSIE MCDONOUGH, MARMNNE MI" CHILD SUPPORT PAYMENT CTR MINNESOTA CI-IAPTER IAAI MlNNESOTA CHIEFS OF POLICE ED MINNESOTA CRIME PREVENTION ASS MINNESOTA POLLUTION CONTROL AG NATIONAL BUSINESS INSTITUTE NCPERS GROUP LIFE INSURANCE PARRIS, PAT PERIMETER PRODUCTIONS PLEAA PRAIRIE HOME REMODELING PROP PUBLIC SAFETY CENTER INC RELIASTAR LIFE INSURANCE CO SCHCTETTE, ROCHELLE SHAH, BHAVNA STAR TRll3UNE TERRENCE JOHNSON & ASSOCIATES TRANS UNION CORPORATION TWIN CITY SUPPLY UNIFORMS UNLIMITED UNITED WAY WALMART COVITY WEEDMAN, NICOLE WEMYSS, SCOTT XCEL EmRGY AETHER SYSTEMS INC AMERICAN WATER WORKS ASSOCIATI ARAMARK SERVICES INC BLOOMINGTON, CITY OF BRUENING, CHARLOTTEPAUL DALHOFF, BILL DEATON, MARSHA FLARE HEATING GRAYBAR GREGERSON ROSOW JOHNSON & NILA HANSON, BEVERLY HEN" COUNTY I/T DEPT HEUTMAKER, HARRIET KOTSONAS, GEORGE MCCARTHY, ARDIS MENARDS MOHRPARTNERS INC PITEL, ROBERT HENPEPIN COUNTY TREASURER-TAXP PETTY CASH-POLICE DEPT Account Description Business Unit Dues & Subscriptions Other Contracted Services Tuition ReimbursementlSchool Operating Supplies Building Repair & Maint. Operating Supplies Operating Supplies Operating Supplies Mileage & Parking Dues & Subscriptions Other Contracted Services Training Supplies Small Tools Dues & Subscriptions Dues & Subscriptions Operating Supplies Union Dues Withheld Miscellaneous Program Fee Garnishment Withheld Dues & Subscriptions Tuition ReimbursementlSchool Dues & Subscriptions Licenses & Taxes Tuition ReimbursementlSchool Life Insurance EE/ER Program Pee Other Contracted Services Dues & Subscriptions Repair & Maint. Supplies United Way Withheld Operating Supplies Disability Ins Employers Youth Resident Lessons & Classes Office Supplies Other Contracted Services Other Contracted Services Operating Supplies Clothing & Uniforms United Way Withheld Operating Supplies Mileage & Parking Operating Supplies Electric Sofiware Maintenance Dues & Subscriptions Miscellaneous Printing Program Fee Equipment Repair & Maint Refunds Cash Over/Short Equipment Repair & Maint Legal Program Fee Soitware Maintenance Program Fee Other Contracted Services Program Fee Equipment Parts Other Contracted Services Postage 6s Den Road Liquor Store Wintcr Theatre Fire Police Heritage Preservation Reserves Engineering Fire Fire Fire EP Shopping Center Fire City Center Operations Police Police Ice Arena General Fund Housing, Trans, & Human Sew Senior Center Program General Fund Police Police Police Sewer Utility - General Police General Fund Senior Center Program Winter Theatre Police Fire General Fund Police Ilealth and Benefits Community Center Admin Fitness Classes General Construction Fund Police Fire Fire General Fund Special Events ,& Trips . Youth Programs Administration Fire Traffic Signals Information Technology Water Treatment Plant Communication Services Therapeutic Rec Administration Senior Center Program Senior Center Operations Environmental Education General Fund Telephone Legal Criminal Procecution Senior Center Program Information Technology Senior Center Program Senior Center Program Senior Center Program Fleet Services City Center Operations General Environmental Education Check # 127939 127940 127941 127942 127943 127944 127945 127946 127947 127948 127949 127952 127953 127954 127955 127956 127957 127958 127959 127960 127961 127962 127963 127964 127965 127966 127967 127968 127969 127970 127971 127972 127973 127974 127975 127976 127977 127978 127979 127980 127981 127982 127983 127984 127985 127986 127987 127988 127989 127990 127991 127992 127993 127994 127995 127996 127997 127998 127999 128001 128002 128003 128004 128005 Amount 70 29 182 105 1,167 384 100 105 40 273 100 525 69 25 3 14 7,243 85 256 445 1,250 50 51 10 36 149 450 350 1,375 535 105 140 25 67,333 361 1,09 1 350 300 360 61 330 15 42 23 21 1 50 35 22 25 88 2,773 4,171 3,115 3,111 192 241 557 5,585 482 144 27,205 5,124 479 3,418 11,761 Vendor I Explanation PORORNY COMPANY PROGRESSIVE BUSINESS PUBLICATI QWEST SOUTH CENTRAL TECHNICAL COLLEG STREICIERS THOMAS, SUE TSUCHIYA CONNIE TWIN CITY AREA LABOR MGMT COUN WALSTEIN, LOUISE M. XCEL ENERGY YOST, ALICIA 10,000 LAKES CHAPTER OF ICC ADAMS PEST CONTROL INC AMELL, KAREN CENTERPOINT ENERGY ELAN FINANCIAL, SERVICES FORTIN CONSULTING INC GE CAPITAL GOVERNMENT FINANCE OFFICERS AS GUlDANCE SOFTWARE HENNEPIN COUNTY ERR, WAYNE LEGLER, MARILYN METRO LEGAL SERVICES INC h4ETRO SALES INCORPORATED* MFSCB MINNESOTA AWWA MINNESOTA CHAPTER IAAI MINNESOTA CHIEFS OF POLICE ASS MINNESOTA DEPARTMENT OF TRANSP MUELLER RENEE NORTHSTAR PARTNERS PETTY CASH RADCO RAPTOR CENTER, THE RAVEY, LEANNE RESCUE TECI-INOLOGY ROTHHAMMER INTERNATIONAL INC SECRETARY OF STATE SHAMROCK TOURS SMITH, SHELLEY STARTRU3UNE SUBWAY SWEET OCCASIONS FOR YOU TWIN CITY AREA LABOR MGMT COUN UPS VEITH, MICHELLE AMERIPRIDE LINEN & APPAREL SER BELLBOY CORPORATION DAY DISTRIBUTING EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY EXTREME BEVERAGE GETTMAN COMPANY GRAPE BEGINNINGS GRIGGS COOPER & CO HOIENSTEINS INC J & C DISTRIBUTING JOHNSON BROTHERS LIQUOR CO MARK VU MIDWEST COCA COLA BOTTLING COM PAUSTIS & SONS COMPANY PHILLIPS WINE AND SPIRITS INC MEYER, LARRY Account Description Business Unit Repair & Maint Supplies Dues & Subscriptions Telephone Tuition Reimbunement/School Training Supplies Insurance Refunds Conference Expense Instructor Service Electric Refunds Conference Expense Other Contracted Services Program Fee Gas Conference Expense Conference Expense Other Rentals Dues & Subscriptions Tuition Reimbursement/School Deposits Other Rentals Program Fee Other Contracted Services Other Contracted Services Deposits Employment Support Test Conference Expense Conference Expense Dues & Subscriptions Training Supplies Program Fee Other Contracted Services Mileage & Parking Capital Under $2,000 Other Contracted Services Operating Supplies Small Tools Recreation Supplies Operating Supplies Special Event Pees Operating Supplies . Misc Non-Taxable Special Event Fees Other Rentals Conference Expense Postage Program Fee Repair & Maint. Supplies Operating Supplies Beer Wine Domestic Beer Misc Taxable Misc Taxable Wine Domestic Liquor Beer Misc Taxable Liquor Beer Misc Taxable Wine Domestic Wine Imported General Facilities General Facilities Sewer Liitstation Fire Police Risk Management Environmental Education Water Utility - General Outdoor Center Purgatory Creek Rec Area Environmental Education Fire Prairie View Liquor Store Activity Camp Crestwood Park City Council Engineering General Finance Police Escrow Winter TheatTe Senior Center Program Housing, Trans, & Numan Sew Risk Management Escrow Fire Water Utility - General Fire Police Water System Maintenance Activity Camp City Center Operations Senior Center Administration Fleet Services Environmental Education Winter Theatre Fire Oak Point Lessons Community Development Adult Program Winter Theatre Prairie View Liquor Store Senior Center Program Special Initiatives Engineering General Activity Camp Prairie View Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Check # 128006 128007 128008 128009 128010 12801 1 128012 128013 128014 128015 128016 128017 128018 128019 128020 128021 128022 128023 128024 128025 128026 128027 128028 128029 128030 12803 1 128032 128033 128034 128035 128036 128037 128038 128039 128040 128041 128042 128043 128044 128045 128046 128047 128048 128049 128050 128051 128052 128053 128054 128055 128056 128057 128058 128059 128060 128061 128062 128063 128064 128065 128066 128067 128068 128069 Amount 486 753 11,319 10,268 405 2,019 3,561 3,363 292 57 226 554 1,458 66 1,969 123 462 156 316 71 327 823 188 114 1,034 97 473 47 148 150 147 6,169 606 817 1,173 459 363 710 444 2,985 1,750 180 6,849 514 66 985 12 1,012 84 63 1 1,369 58 340 277 459 877 663 1,193 58 607 1,544 1,047 204 1,453 Vendor I Explanation PINNACLE DISTRIBUTING PRIOR WINE COMPANY QUALITY WINE & SPIRITS CO TI-IORPE DISTRIBUTING TRI COUNTY BEVERAGE & SUPPLY WINE COMPANY, THE WINE MERCHANTS INC WORLD CLASS WMES INC A TO Z RENTAL CENTER ABLE HOSE & RUBBER INC AMERICAN RED CROSS AMERICAN WATER WORKS ASSOCIATI ANCHOR PRINTING COMPANY ASPEN EQUIPMENT CO. ASPEN MULLLS ASTLEFORD EQUIPMENT COMPANY IN AUTO ELECTRIC SPECIALISTS BAUER BUILT TIRE AND BA'ITERY BECKER ARENA PRODUCTS INC BERRY COFFEE COMPANY BERTELSON OFFICE PLUS BLOOMINGTON SECURITY SOLUTIONS BORDER STATES ELECTRIC SUPPLY BOYER TRUCKS BOYER TRUCKS SO. ST. PAUL BROADWAY AWARDS BROWN TRAFFIC PRODUCTS BROWN, PAUL BUCHANAN, ROLLE 0 CARGILL SALT CARLSON TRACTOR AND EQUIPMENT CATCO CLUTCH & TRANSMISSION SE CIDERTECH CLAREYS INC CLARKLIFT OF MINNESOTA INC CLOSED CIRCUIT SPECIALISTS INC CONNEY SAFETY PRODUCTS CORPORATE EXPRESS CREATIVE MARKETING CONSULTING CUMMlNS NPOWER LLC CUTLER-MAGNER COMPANY cy's UNIFORMS DALCO DECORATIVE DESIGNS INC DELEGARD TOOL CO DNR SCREEN PRINTING INC DOHERTY, SANDRA L EARL F ANDERSEN INC EF JOI-INSON ELECTION SYSTEMS & SOFTWARE IN ELECTRICAL MECHANICAL SERVICES ELVIN SAFETY SUPPLY INC EMERGENCY APPARATUS h4AINTENANC EMERGENCY AUTOMOTIVE TECHNOLOG ENGINEERED ICE SYSTEMS FERRELLGAS FIKES HYGIENE SERVICES FIRE INSTRUCTORS ASSN OF MN FIRENET SYSTEMS INC FORCE MRICA FORE MECHANICAL, INC BAN-KOE SYSTEMS INC BRISSMAN-KENNEDY G & K SERVICES-MPLS INDUSTRIAL Account Description Misc Taxable Wine Imported Liquor Beer Beer Wine Domestic Wine Domestic Wine Domestic Operating Supplies Repair & Maint. Supplies Recreation Supplies Training Supplies Printing Equipment Parts Protective Clothing Equipment Parts Equipment Parts Operating Supplies Equipment Park Operating Supplies Operating Supplies Offce Supplies Building Repair & Maint. Repair & Maint. Supplies Equipment Repair & Maint Equipment Parts Cleaning Supplies Awards Equipment Repair & Maint Other Contracted Services Other Contracted Services Salt Equipment Parts Equipment Repair & Maint Microfilming Service Ofice Supplies Equipment Repair & Maint Equipment Repair & Maint Cleaning Supplies OEce Supplies Other Contracted Services Equipment Repair & Maint Chemicals Clothing & Uniforms Cleaning Supplies Other Contracted Services Small Tools Awards Other Contracted Services Signs Equipment Parts Operating Supplies Equipment Repair & Maint Equipment Testing/Cert. Equipment Repair & Maint Equipment Parts Equipment Repair & Maint Motor Fuels Operating Supplies Tuition Reimbursement/School Building Repair & Maint. Equipment Parts Building Repair & Maint. Clothing & Uniforms 71 Business Unit Prairie View Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Den Road Liquor Store Street Maintenance Water Treatment Plant Pool Lessons Water Utility - General Senior Center Administration Fleet Services Fire Fleet Services Fleet Services Community Center Admin Fleet Services Ice Arena Fire Water Utility - General Public WorkdParks Park Maintenance Fleet Services Fleet Services Maintenance Raquetball Traffic Signals Park Facilities Basketball Snow & Ice Control Fleet Services Fleet Services Records Management General Water Treatment Plant Den Road Liquor Store Water Treatment Plant General Communication Services Fleet Serviccs Water Treatment Plant Reserves Maintenance Water Treatment Plant Traffic Signals Volleyball Volleyball Traffic Signs Wireless Communication Elections Water Treatment Plant Fire Fire Fleet Services Ice Arena Ice Arena Prairie View Liquor Store Fire Water Treatment Plant Fleet Services Fire Station # 1 Water Utility - General Check # 128070 128071 128072 128073 128074 128075 128076 128077 128078 128079 128080 128081 128082 128083 128084 128085 128086 128087 128088 128089 128090 128091 128092 128093 128094 128095 128096 128097 128098 128099 128100 128101 128102 128103 128104 128105 128106 128107 128108 128109 128110 128112 128113 128114 128115 128116 128117 128118 1281 19 128120 128121 128122 128123 128124 128125 128126 128127 128128 128129 128130 128131 128132 128133 128134 Amount 3,823 420 42 84 53 160 918 336 163 5,799 758 19,957 153 369 284 15 798 10,080 1,217 777 1,965 7,749 4,986 230 3,312 220 177 1,688 1,803 10,303 352 252 1,475 660 9,507 13,200 106 2,500 154 1,749 21 2,636 252 1,068 96 852 548 483 3,003 322 21,751 247 159 105 1,298 1,696 1,125 105 116 70 249 150 598 580 Vendor / Explanation GE FANUC INTERNATIONAL, MC. GEBO, ROBERT L. GENERAL, SAFETY EQUIPMENT COMPA GIBBONS, MIKE GINA MARIAS INC GRAFIX SHOPPE GRAINGER GREATMRICA LEASING CORP. GS DIRECT HANSEN THORP PELLINEN OLSON IWON MC. I-IARTLAND FUEL PRODUCTS LLC HAWKINS WATER TREATMENT GROUP HENNEPIN COUNTY TREASURER I-IENRY, PAUL HIRSHFIELDS HOLMES, JOHN CARTER IIONEYWELL INDUSTRY SOLUTIONS HUMh4lNGBIRD HELICOPTERS LLC ICERINK SUPPLY CO IC1 DULUX PAINT CTRS IDEXX DISTRIBUTION CORP 1ND SCHOOL DIST 272 INDUSTRIAL LIGHTING SUPPLY INC INTEREUM INC IPC J J JCELLER & ASSOCIATES INC JANEX INC JIM HATCH SALES CO JOHN HENRY FOSTER MlNNESOTA IN JW PEPPER & SON INC KALLlN, LAWRENCE E KNUTSON, STEVE KONTRON MOBILE COMPUTING KRAFKA, STAN KUSTOM SIGNALS 1NC LAN0 EQUIPMENT INC LASALLE CONSULTING LEROY JOB TRUCKING INC LITTLE FALLS MACHINE lNC MATEJCEKS MENARDS METRO BRUSH & SUPPLY METRO FIRE METROPOLITAN FORD METROPOLITAN MECHANICAL MIDWAY INDUSTRIAL SUPPLY CO IN MIDWEST TELETRON INC. MILLER DUNWIDDIE MINNESOTA CONWAY MINNESOTA DEPT OF HEALTH MINNESOTA PRINT MANAGEMENT LLC MINNESOTA SAFETY COUNCIL MINT CONDITION DETAILING INC MITY-LITE MC MTI DISTRIBUTING INC. NEuMA",NEAL NORCOSTCO NORTHWEST RESPIRATORY SERVICE OLSEN COMPANIES OS1 BATTERIES MC PAPER DIRECT INC PEPS1 COLA COMPANY PETERSON ENVIRONMENTAL CONSULT Account Dzscription Software Other Contracted Services Equipment Parts Other Contracted Services Operating Supplies Equipment Repair & Maint Small Tools Other Rentals Operating Supplies Design & Engineering Repair & Maint. Supplies Motor Fuels Equipment Parts Licenses & Taxes Other Contracted Services Operating Supplies Other Contracted Services Equipment Repair & Maint Other Contracted Services Equipment Repair & Maint Repair & Maint. Supplies Operating Supplies Operating Supplies Repair & Maint. Supplies Other Contracted Services Operating Supplies Training Supplies Cleaning Supplies Equipment Parts Equipment Repair & Maint Operating Supplies Other Contracted Services Other Contracted Services Equipment Repair & Maint Equipment Repair & Maint Equipment Repair & Maint Equipment Parts Other Contracted Services Other Contracted Services Equipment Parts Equipment Parts Building Materials Cleaning Supplies Protective Clothing Equipment Parts Building Repair & Maint. Equipment Repair & Maint Operating Supplies Building Repair & Maint. Supplies Miscellaneous Operating Supplies Dues & Subscriptions Equipment Repair & Maint Operating Supplies Equipment Parts Other Contracted Services Clothing & Uniforms Safety Supplies Repair & Maint. Supplies Equipment Parts Office Supplies Merchandise for Resale Other Contracted Services 72- Business Unit Water Treatment Plant Volleyball Fleet Services Basketball Fire Fleet Services Fleet Services General Police Improvement Projects 1996 Police City Center Fleet Services Water Treatment Plant Fleet Services Broomball Street Maintenance Basketball Water Treatment Plant Deer Consultant Ice Arena Water Treatment Plant Water System Maintenance Police Water Treatment Plant Furniture Police Water Utility - General General Facilities Fleet Services Water Treatment Plant Art & Music Volleyball Broomball Information Technology Water Treatment Plant Police Fleet Services Park Acquisition & Development Animal Control Fleet Services Fleet Services Street Maintenance Maintenance Fire Fleet Services Ice Arena Fire Station #2 Police Capital Impr. I Maint. Fund Maintenance Water System Sample F' inance Risk Management Fleet Services Cumins House Special Events Fleet Services Broomball Winter Theatre Fire Water System Maintenance Fleet Services General Concessions Storm Drainage Check # 128135 128136 128137 128138 128139 128140 128141 128142 128143 128144 128145 128146 128147 128148 128149 128150 128151 128152 128153 128154 128155 128156 128157 128158 128159 128160 128161 128163 128164 128165 128166 128167 128168 128169 128170 128171 128172 128173 128174 128175 128176 128177 128178 128179 128180 128181 128182 128183 128184 128185 128186 128187 128188 128189 Amount 168 263 34 6,688 44 284 170 11 432 192 7 23 23,770 267 168 150 50 88,869 420 6,149 63 15,559 526 2,899 700 23 3,776 1,282 1,225 145 590 319 165 55 58 2,561 50 300 398 3,825 454 70 458 722 458 182 53 1 964 1,454 2,748 606 9 1,535 987 2,713,033 Vendor I Explanation PETERSON, MARE; PLASTICS INTERNATIONAL POWERPLAN PRAIRIE ELECTRIC COMPANY PRAIRIE LAWN AND GARDEN PRAIRIE OFFSET PR."G PRrNTERS SERVICE INC RADIOSHACK RAY, LEE RED ROOSTER AUTO STORES RIGID I-IITCH INCORPORATED RITZ CAMERA CENTER INC RMR SYSTEMS INC SCHARBER & SONS SCHERER BROTHERS LUMBER CO SCRAP METAL PROCESSORS INC SI-IERWM WILLIAMS CO SM FIENTGES & SONS INC SMITH, SUZETTE JO SNELL MECHANICAL INC SPS COMPANIES SRF CONSULTING GROUP INC STEMPF AUTOMOTIVE INDUSTRIES I STREICIGRS SUBURBAN CI-IEVROLET GEO SUBURBAN PROPANE SUMMIT ENVIROSOLUTIONS SUN NEWSPAPERS SWANSON, JEFF SWEDLUNDS SYSTEM CONTROL SERVICES TAB PRODUCTS CO TESSCO TOTAL REGISTER TOWN AND COUNTRY DODGE TRANSPORT GRAPHICS TWIN CITY OXYGEN CO TWIN CITY WINDUSTRIAL CO. UNIFORMS UNLIMITED UNITED PROPERTIES LLC DESIGN S UNLIMITED SUPPLIES INC US FILTEWWALLACE & TIERNAN USA BLUEBOOK VIDEO SERVICE OF AMERICA VWR INTERNATIONAL INC WAIlLS ENTERPRISES WARNER OUTDOOR EQUPMENT WATER SPECIALTY OF MN INC WATSON CO INC, THE WEST WELD WOLF CAMERA YALE MECHANICAL INC ZAJXN, GERALD VAN-TECH Grand Total Account Description Other Contracted Services Equipment Repair & Maint Equipment Parts Equipment Repair & Maint Operating Supplies Printing Repair & Maint. Supplies Equipment Parts Other Contracted Services Equipment Parts Equipment Parts Video & Photo Supplies Other Contracted Services Equipment Parts Building Materials Waste Disposal Repair & Maint. Supplies Improvement Contracts Other Contracted Services Equipment Repair & Maint Equipment Repair & Maint Design & Engineering Equipment Parts Training Supplies Equipment Parts Equipment Repair & Maint Other Contracted Services Legal Notices Publishing Other Contracted Services Waste Disposal Other Contracted Services Operating Supplies Operating Supplies Operating Supplies Equipment Parts Repair & Maint. Supplies Operating Supplies Equipment Parts Clothing & Uniforms Other Contracted Services Equipment Parts Equipment Parts Repair & Maint. Supplies Operating Supplies Video & Photo Supplies Operating Supplies Equipment Parts Capital Under $2,000 Chemicals Merchandise for Resale Equipment Parts Video & Photo Supplies Building Repair & Maint. Other Contracted Services Business Unit Basketball Park Maintenance Fleet Services Maintenance Park Maintenance Ice Arena Fleet Services Basketball Fleet Services Fleet Services Assessing Utility Improvement Fund Fleet Services Street Maintenance Fleet Services Fire Station # 1 Charlson Area Construction Volleyball Pool Maintenance Park Maintenance Improvement Projects 1996 Fleet Services Police Fleet Services Fleet Services Utility Improvement Fund City Clerk Broomball Outdoor Center Water Treatment Plant City Clerk Wireless Communication Den Road Liquor Store Fleet Services Fire General Facilities Water Treatment Plant Police City Center Operations Fleet Services Water Treatment Plant Water Treatment Plant Fire Communication Services Water Treatment Plant Park Maintenance Park Maintenance Pool Maintenance Concessions Fleet Services Park Maintenance Water Treatment Plant Volleyball Assessing 73 CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions DATE: March 9,2004 Scott Neal, City Manager First Reading of Ordinance Giving City Manager Authority to Establish Personnel Policies Z.A. Requested Action Move to: Approve First Reading of an Ordinance amending City Code Chapter 1 by amending Section 2.82 relating to personnel rules and regulations, and adopting by reference City Code Chapter 1 and Section 2.99. Synopsis The proposed ordinance change would give the City Manager the authority to establish personnel policies without council approval. This change would allow for more efficient implementation of policy changes in OUT dynamic operating environment. The change would also be consistent with the statutory structure of the City, which gives the City Manager the authority for the proper administration of the affairs of the City. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. - 2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.82 RELATING TO PERSONNEL RULES AND REGULATIONS, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. The City Code Section 2.82 is deleted in its entirety and replaced with the following: The City Manager may promulgate personnel rules setting forth the rights, duties and responsibilities of employees. Such rules may from time to time be amended. Section 2. The City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code, Including Penalty for Violation” and Section 2.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 3. This Ordinance shall become effective from and after its passage of publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 9th day of March, 2004, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,2004. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on ,2004. 75 CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions DEPARTMENTDIVISION: Scott Neal, City Manager ITEM DESCRIPTION: Adopt Employee Handbook DATE: March 9,2004 ITEM NO.: x.5, Requested Action Move to: Adopt Resolution adopting the City of Eden Prairie Employee Handbook and repealing Resolutions No. 823, 1088, R80-24, R85-98, R86-16, R90-170, R91-27, R91-215, and R95-216. Synopsis The employee handbook is a summary of City employment policies written to serve as guide for employees and managers. The City’s previous handbook was last updated in 1991. The new employee handbook is intended to capture changes in the city’s operations, to update policies relative to changes in the legal environment and best practices, and to consolidate city employment policies into one document. In general, few changes were made that would constitute a significant deviation from current practices. Content for the handbook was developed by a team of managers and human resources over a period of several months. A draft copy was then forwarded to Department Heads, The League of Minnesota Cities, and the City Attorney for additional comments. The final version is the culmination of this extensive review. Attachment Resolution 76 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2004- RESOLUTION ADOPTING THE CITY OF EDEN PRAIRIE EMPLOYEE HANDBOOK, R86-16, R90-170, R91-27, R95-215, and R95-216 REPEALING RESOLUTIONS NO. 823,1088, R80-24, R85-98, WHEREAS, City Council has been presented with and has approved an Employee Handbook setting forth all employment policies and procedures of the City; and WHEREAS, upon adoption of the Employee Handbook all previous resolutions adopted by the City Council regarding personnel policies and procedures may be repealed; and NOW THEREFORE, BE IT RESOLVED BY THE EDEN PR4IRIE CITY COUNCIL, THAT: 1. The City of Eden Prairie Employee Handbook is hereby adopted; 2. The following resolutions are hereby repealed: a. b. d. e. f. g- h. I. C. Resolution No. 823 Resolution No. 1088 Resolution No. R80-24 Resolution No. R85-98 Resolution No. R86-16 Resolution No. R90- 170 Resolution No. R91-27 Resolution No. R95-215 Resolution No. R95-216 ADOPTED by the Eden Prairie City Council this gth day of March, 2004. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lultens, Mayor (Seal) 77 1 CITY COUNCIL AGENDA 1 DATE: March 9,2004 SECTION: Appointments DEPARTMENT/DIVISION: ITEM DESCMPTION: City Council 2004 Board and Commission Appointments ITEM NO.: m.A. Requested Action Move to: Appoint to the Community Planning Board and Larry Kacher, Peter Rocheford and Fred Seymour, - terms to expire March 3 1,2007 Jon Stoltz - term to expire March 3 1,2005 Move to: Appoint to the Heritage Preservation Commission Betsy Adams and Robert Amell - terms to expire March 3 1,2007 Move to: Appoint to the Human Rights and Diversity Commission Linda Chung and Pamela Miller - terms to expire March 3 1,2007 Move to: Appoint to the Arts & Culture Commission and Susan Diclunan, Steve Mosow and Heather Olson - terms to expire March 3 1 , 2007 Ann Rorem - term to expire March 3 1,2006 Move to: Appoint to the Parks, Recreation and Natural Resources Commission Tom Bierman, Jeff Gerst, Cari Grayson and Michael Moriarity - terms to expire March 3 1 , 2007 Synopsis The City Council held Board and Commission interviews on Tuesday, February 24,2004. Twenty-one candidates applied for consideration; six of which were seeking reappointment, and one seeking appointment to a different Commission. Sixteen candidates have been designated for appointment on March 9,2004. Background City Code Section 2.22, Subd. 3 Terms of Appointment states: “The terms of members of Boards and Commissions shall be for a period of three years each, provided however, in order to avoid the expirations of the terms of all members on the same date, the term of each member appointed may be established and stated at the time of the appointment so that an equal or approximately equal number of terms of members shall expire each year after the initial appointment of members and thereafter. Terms shall commence April 1 and shall continue for the terms appointed and until the member’s successor has been appointed and qualified. The Council may, but need not, appoint a person for the unexpired portion of the term of a member whose membership has become vacant. No person may be appointed to more than two (2) full consecutive terms, except by unanimous vote of the Council. The term of members of a Task Force shall be determined by the Council at the time the Task Force is established.” CITY COUNCIL AGENDA SECTION: Appointments Appointments to 2004 Board of Appeal and Office of the City Manager Equalization DATE: March 9,2004 ZJX E* DEPARTMENT/DIVISION: 1 ITEM DESCRIPTION: I ITEMNO.: Requested Action Move to: Appoint to the Board of Appeal and Equalization Mike Best, Judy Ilstrup, Doug Malam, Annette O’Connor and Patricia Pidcock for the period of April 14,2004 through May 3,2004. SynoDsis The proposed members for Council approval are experienced real estate professionals with knowledge of the Southwest metro area. Mike Best of REMAX Results is involved in the sale of single family properties in the southwest metro area. Judy Ilstrup of Edina Realty is involved in the sale of single family properties in the southwest metro area. Doug Malam of REMAX Results is involved in the sale of single family properties in the southwest metro area. Annette O’Connor of Coldwell Banker Burnet Realty is involved in the sale of single family properties in the southwest metro area. Patricia Pidcocli of Edina Realty is involved in the sale of Single family properties in the southwest metro area and a former member of the Eden Prairie City Council. Background From 1992 through 2003 the City has appointed a special Board of Appeal and Equalization (formerly named the Board of Review). The members are citizen volunteers that are active and knowledgeable in the real estate market. The members are recruited by the City Manager and City Assessor, and are appointed annually with confirmation by the City Council. The City compensates the appointed members of the Board of Appeals and Equalization a per diem payment of $50 for each meeting attended. Minnesota State Statute 274.01 Board of Appeal and Equilization, Subd. 2 Special Board; duties delegated states, “The governing body of a city, including a city whose charter provides for a board of equalization, may appoint a special board of review. The city may delegate to the special board of review all of the powers and duties in subdivision I. The special board of review shall serve at the direction and discretion of the appointing body, subject to the restrictions imposed by law. The appointing body shall determine the number of members of the board, the compensation and expenses to be paid, and the term of office of each member. At least one member of the special board of review must be an appraiser, realtor, or other person familiar with property valuations in the assessment district.” CITY COUNCIL AGENDA SECTION: Appointments DEPARTMENTI DIVISION: City Council Requested Action Move to: Move to: Move to: Move to: Move to: Move to: ITEM DESCRIPTION: Appointments of Chairs and Vice-Chairs to Boards and Commissions DATE: March 9,2004 ITEM NO.: m c, Appoint Ray Stoelting as Chair and Kathy Nelson as Vice-Chair of the Community Planning Board. Appoint Betsy Adams as Chair and Jennie Brown as Vice-Chair of the Heritage Preservation Commission. Appoint Rob Barrett as Chair and Jeff Gerst as Vice-Chair of the Parks, Recreation and Natural Resources Commission. Appoint Larry Piumbroeck as Chair and Jeff Strate as Vice-Chair of the Human Rights and Diversity Commission. Appoint Susan Dickman as Chair and Steve Mosow as Vice-Chair of the Arts and Culture Commission. Appoint Patricia Pidcock as Chair and Mike Best as Vice-Chair of the Board of Equalization and Appeals. Background Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to City Boards and Commissions. City Code Section 2.22, Subd. 5 Officers states, “the Council shall in March each year choose a chairperson and vice-chairperson for a Board, Commission and Citizen Advisory Commission to serve for a period of one year.” To be eligible for consideration, City Code states, “a chairperson must have served one year on the Board, Commission, or Citizen Advisory Commission before becoming eligible for appointment as a chairperson.” CITY COUNCIL AGENDA SECTION: Report of Public Works Director DATE: March 9,2004 DEPARTMENT/DIVISION: Public Works Gene Dietz, Director Police/Jean Johnson, Zoning Administrator ITEM DESCRIPTION: ITEM NO.: Renewal of Midwest Asphalt's Land Alteration Conditions Permit and Addendum A, Covering Operating JaE'QJ Requested Action Move to direct staff to execute a two year extension of the Land Alteration Permit and Addendum A for Midwest Asphalt Corporation. Synopsis Since 1996 operations at Midwest Asphalt have been covered by a two year renewable Land Alteration Permit and associated addendum. The addendum regulates uses and operations of the non-conforming asphalt plan located in the Industrial General District at the south end of Industrial Drive. Background Information Memo dated March 2,2004 Land Alteration Permit Application and Addendum A. MEMO TO: MAYOR AND CITY COUNCIL FROM: Jean Johnson, Zoning Administrator DATE: March 2 , 2004 SUBJECT: Renewal of Midwest Asphalt’s Land Alteration Permit for 2004-2006 and Addendum A BACKGROUND: Midwest Asphalt is a material crushing and asphalt batch plant located in the Industrial General District at the south end of Industrial Drive. The use has been in operation since the 1960s. Midwest Asphalt is a non conforming use in the Industrial General District. In 1995 the City and Midwest Asphalt negotiated a Land Alteration Permit process for the asphalt plant operations. The permit includes Addendum A in which operation conditions are outlined. The permit duration is two years and a new permit and Adendum A are attached for the Council’s review and approval. REVIEW OF PLANT OPERATIONS 2002-2003 Noise: Noise readings were taken around the site perimeter and no noise violations have been recorded. Although the noise from dump truck tail gates banging and back up beepers do create noise audible to residents to the south, the cumulative events and decibel levels do not exceed code limits. Staff will continue to monitor noise at the site. Stockpile Heights: The original permit depicted variable stockpile heights. Since crushing operations do not occur in June, July or August, stockpile heights are created that will carry the batch plant operations through the summer. PERMIT RENEWAL The requested permit will be from March 2004 to March 2006. P.O. BOX 5477 HOPKINS, MINNESOTA 55343 PHONE: (612) 937-8033 FAX: (612) 937-6910 February 11 , 2004 Jean Johnson Zoning Administrator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-2229 Re: Renewal of Land Alteration Permit 2004 Dear Jean: Enclosed please find our application to renew the Land Alteration Permit for our site at 6401 Industrial Drive. Addendum A, as well as the grading plan, are identical to those used in the 2000 and 2002 permit renewals. There have been no changes in our operations since the last renewal. Please call me if there are any questions. Very Truly Yours Blaine M. Johnson President Permit #We Name: Midwest Asphalt Corporation Phone: (952) 937-8033 PROPERTY OWNER CITY OF EDEN PRAIRIE APPLICATION FOR RELEASE OF LAND ALTERATION PERMIT Address: 6401 Industrial Drive City/State: Eden Prairie, MN PROJECT NAME: 1 ~ Phone: CONTRACTOR PERFORMING WORK Name: Same I. APPLICANT ~ ~______~ ~ CitylState:. Address: ... ... , . .:v Phone: ..... ... ......... y,., ............. :'.. ..... .... ..,... ..... .:.:...::.:::.. I' ........... .: ....... ........ .. Cityhtate: .. .. , .. ...... .... ' ..' : . :.. .... ......... .. .... .. ... .. 03-116-22- 2-0033 & 8 acres Location: See Exhigit A Size of Site: Estimated Volume of Earth Moved: Proposed Start Date: 3-1-04 Proposed Completion Date: 3-1-06 I 11 Name: Same I Address: II ' I ....... ................. % ........ ... .+.' ; .... .:: ,:. . .: :.-, -,. -. . . % .. ...... A.Two full sue copies of grading, erosion control plan, restoration plan and specifications C.Written project schedule and sequence of construction activities. ,D.Copies of all applicable permits from other permitting authorities. Le.. Watershed Districts, MPCA, DNR, etc. , E.Signed and completed copy of City's Erosion Control Policy. F.Designated representative of design professional responsible to monitor conformance to plan and City Erosion . B.Executed copy of contract documents for grading work. I Control Policy. &A-& (Applicant) Signature .... ::.. >. ... ..:.::.. ......... .: : ... .......................................................................................................................................................... :. . :. .'. ... ... ... ..... .. .... :. ......... .... .... ... ... .. ..... .... ...i,'.' . :.: :,., <:. ,.::..:: .:::: :. : :... ..... i j:.. . I( SURETY OR LEITER OF CREDIT NO. I PROVmEDBY: .. H ....... .... :.. ... .. .. .. ....... ... ... .......... ............... .. ....... ,. .. ... ....... :. .<:.;;.;,;:-: ... :::..:: ... .... .. ..: ..... This permit is hereby released by the City of Eden Prairie on Erosion Control Policy, City Code Sect. 11.55 and Special Conditions attached. , subject to the conditions of the City's ... ... .. I .. .. (Cityj Signature ' This permit is permissive only and does not release the Permittee from any liability or obligation imposed by Minnesota .... .. Statute, Federal Law, State Agency Rules or the requirements of other agencies with regulatory authority. i .. EROSION CONTROL mom: FOLLOW up AND COMMENTS: ._ .._ . ~. .. ..:..: ...... . .-___ -. .._. y. .:y- ..... ........... EROSION CONTROL POLICY .+‘ August 1, 1997 1. 2. 3. 4. ’. 5. 6. All construction projects permitted by the City of Eden Prairie which result in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use .- of Best Management Practices (BMP’s) as outlined in the Minnesota Pollution Control Agency’s manual, Protecting Water Quality In Urban Areas, to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits, building permits, and permits for the installation of utilities. ,. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. All erosion control systems must be maintained by the applicant in a functional condition until the completion of turf and/or structural surfaces which protect the soil from erosion. The applicant must inspect erosion control bi-weekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. Best Management Practices (BMP’s) shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP’s may include, but are not 1imi.M to, rock construction entrances, washing stations, frequent cleaning of streets adjacent to the construction pite or limiting operations when site conditions are unmar;lageable. Trackage or spillage of %oil (in a public*street or highway must be cleaned by power sweepers within the time frame stipulated iii the Grmit special conditions or as ordered by he‘City Engineer’or the Director of Inspections. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plan, obtain the right-of-entry from the adjoining property owner, and implement the clean up and restoration plan within 48 hours of obtaining the adjoining property owner’s permission. In the event eroded soils enter onto or are tracked or spilled on a public street, highway, sidewalk or trail, the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter, or entrance appears imminent, into wetlands or other water bodies, clean up and repair shall be immediate. Applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. .. When a applicant fails to conform to any provision of this policy within the time stipulated in . a written notification, the City may take the following actions: - a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. ‘ Direct the correction of the deficiency by City personnel or separate contract. . b. c. d. Withhold the issuance of building permits At its option, institute and prosecute an action to enjoin violations of this Agreement and/or an action to smxificallv enforce Derformance of this Agreement 735 I 2. The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not imited to, attorneys’ fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1% per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concurs that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the mount or validity of the assessment.. 1 I, We, The Undersigned, hereby accept the terms and conditions of the Erosion Control Policy dated . August 1; 1997 as set forth and agree to fully comply therewith to the satisfaction of the City of Eden Prairie, Minnesota. By: I By: Owner’s sigylature Applicant’s Signature ’ President 2-11-04 Pres id ent 2-11-04 Title Date: Title Date: DEVEuIPMEIVk NAME: Lot: Block: OWNER INFORMATION I - ~~ APPLICANT INFORMATION OWNER (Pm): Midwest Asphalt Corporation ADDRESS 6401 Industrial Drive CRY Eden Prairie STATE MN 2~55346 ’ Office Phone: 937-8033 Mobile No. - HomeNo. - APPLICANT (PRINT): Midwest Asphalt Corporation ADDFSSS 5929 Baker Road, Ste: 420 Crry Minnetonka STATE MN ZIp 55345 Office Phone: 937-8033Mobi1e No. Home No. Dsk:WLICY.EROSION. WL 86 4-2000 ADDENDUMA SPECIAL CONDITIONS TO LAND ALTEMTION PERMIT RENEWAL OF. .. . MIDWEST ASPHALT CORPORATION .. The following special permit conditions apply to the property identified on Exhibit A hereto (hereinafter, the ‘Rural Property”) and to Tract, E, RLS 1280 solely as to paragraphs 2,3,4,6, and 7. 1. Applicant (MWA) shall complete the following items a-d: __ a. hure plant growth on exterior face of bem; b. Erosion control shall be maintained as needed along entire outside perimeter of the berm. MWA shall conform to the Erosion Control Policy dated August 1,1997, attached hereto as Addendum B. ’ 2. Crushing operations shall comply with the following requirements: a. b. c. No crushing shali iake place during June, July and August; No crushing shall take place on Saturdays during May and September; During the remainder of any year crushing is allowed only fiom 7:OO a.m. to 7:OO p.m.. Monday through Saturday. .3. Asphalt plant operations shall comply with the following requirements: a. The asphalt plant may operate year round fiom 7:OO a.m. to 7:OO p.m., Monday through Saturday, provided, however, asphalt plant operations shall be allowed during May through September fiom 7:OO a.m. to 9:00 p.m. ten (10) days per year and fiom 7:OO a.m. to 8:OO p.m. forty-five (45) dayslper year only upon prior written or facsimile notice fiom MWA to the -City. WAdminiskation\Agenda Pnplmlion\City Council Agenda Packet IltmsDOOOW-1 S-OOEnginecringWidwcst Asphalt Permit & Addcndumdoc 4. 5. 6. Noise regulations: a. MWA shall conduct all operations so as to comply with City Code in effect as of September 6,1995, as well as Minnesota Pollution Control Agency (MPCA) noise regulations. .... Rural Property: a. Activities not permitted under the City’s zoning code shall not be . conducted on the Rural Property. This provision shall not prohibit the MWA from utilizing the inside face of the berm as a stockpile for activities on Tract E, RLS 1280. Enforcement: a. - If City staff believes that a violation is occurring, it shall notify MWA in writing. MWA shall be given seven (7) business days fiom receipt of the notice to respond, dispute, or cure the alleged violation. If City staff remains of the opinion that a violation has occurred it may then refer the matter to the City Clerk to initiate the enforcement process set forth below. Failure to comply with any of the requirements of paragraph l(b)-(h) shall not be considered violations-if the same are cured within twenty (20) days of such notice or such longer period of time as may be required because of weather and seasonal conditions, in which case the item must be cured withing twenty (20) days of such notice or such longer period of time as may reasonably be required to cure the fkilure to comply. Each day that a violation occurs or continues to occur shall constitute a separate violation. Notice of a hearing for revocation of this permit shall be given by the City Clerk in writing, setting forth specifically the grounds of complaint and the time and place of he&g. Such notice shall be sent by certified mail to MWA and the hearing must be at least twenty (20) days after receipt.of the . notice by MWA. Even if the violations have been cured prior to the Council hearing, upon the fourth violation of paragraph 4 and the third violation of all other provisions of this permit occurring within a twelve month period, the Council may take such action as it deems appropriate, including actions referred to in paragraph 6(e). A hearing on revocation of this permit on account of four (4) violations of paragraph 4 within a twelve month period shall be conducted by a hearing officer from the State Administrative Hearings Office unless otherwise mutually agreed to by legal counsel for the parties. The City and MWA shall be entitled to appear at the hearing and present facts and reasons why the peat should or should not be revoked or whether some other remedy iS appropriate. The hearing officer shall submit recommendation(;) in Writing to the City Council (with a copy to MWA), supported by legally sufficient facts and reasons. ‘The City and MWA shall share equally the costs of the hearing officer’s service. . b. c. d. kUdrninistntionUgcndr Prcpmtion\City Council Agenda Packet IkmsU000\4-18M)\Enginccn’ngU.~id\r.esr Asphalt Permit & Addcndurn.doc tr e. If the Council determines based on legally sufficient reasons with a proper factual basis that the requisite number of violations established in paragraph 6 (c) have occurred the Council may: 2. 3. 4. Revoke this permit. MWA retains its right to appeal the decision of the Council to District Court. In such proceedings the losing party shall pay the prevailing party's costs and attorneys' fees. If the permit is revoked or voluntarily relinquished, MWA shall nevertheless remain bound by the provisions-of paragraph 1 for the remainder of the term set forth in paragraph 7(a); provided, however, that MWA shall no longer be allowed to utilize the berm constructed pursuant to paragraph l(a) as a stockpile for the remainder of said term; provided 6,1995 as to Tract E, RLS 1280 shall be unaffected by the revocation or voluntary relinquishment. 1. Specifically enforce this permit; or . .. . Collect on any bond or other security applicable to the Pfoperty to Enjoin further operations on the Rural Property that violate this permit or the City Code; or the extent necessary to correct the violation; or .. ' f. c g. further, however, that MWA's nonconforming use rights as of September 4 7. Renewal, Nonrenewal, and Voluntary Relinquishment: a. This permit shall remain in full force and effect until March 1,200&, Any application forrenewal shall be made no earlier than six months and no later than three months prior to its expiration. The City Council's determination on non-renewal shd be reasonable and based on legally sufficient reasons with a proper factual basis. Such factual basis shall be set forth in findings of fact adopted by the Council. The absence oEyiolations shall constitute prima facie basis for renewal. MWA may voluntarily relinquish its rights and responsibilities under this permit at any time by written notice to the City Manager; provided, however, a voluntary relinquishment shall not alter the terms of In the event that MWA voluntarily relinquishes this permit, does not apply for a renewal or the City determines not to renew the permit, the parties shall return to the status Quo ante; that is both the City and MWA shall be returned to their legal position which existed prior to the issuance of this permit. L b. - C. Paragraph 6(g). .d. KWdministrationUgmda Pnpara(ion\Cily Council Agcnda Rckct Ilcms\2OOOM-18-OO\Engincen'ng\Midwcst Asphalt 'Pmit & Add_endumdoc