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HomeMy WebLinkAboutCity Council - 09/21/2004 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,SEPTEMBER 21,2004 CITY CENTER 5:00—6:25 PM,HERITAGE ROOM II 6:30—7:00 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, Community Development Director Janet Jeremiah, Communications Manager Pat Brink,Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. REFERENDUM FOLLOW-UP SURVEY RESULTS Council Chamber II. OPEN FORUM A. LISA ROLF—PCRA MESSAGE BOARD POLICY HI. OPEN PODIUM IV. ADJOURNMENT MEMORANDUM To: Mayor and City Council Parks,Recreation and Natural Resources Commission 0 From: Robert A.Lambert,Director of Parks and Recreation mom Date: September 21, 2004 Eden Prairie Subject: Park Referendum Follow-up Survey At the September 21 City Council workshop representatives of MarketLine Research will review the results of their survey of individuals who voted on the May 11, 2004 referendum. John Schamber and Dave Bender will provide the Council and members of the Parks, Recreation and Natural Resources Commission a Powerpoint presentation that will provide an amazing amount of information regarding why the referendum failed and what voters are saying about future park referendums. Mr. Schamber and Mr. Bender will also provide very interesting data relating to two distinct voter blocks with significantly different attitudes relating to any tax increases in Eden Prairie. There is a great deal of information to try to cover within one hour;therefore staff requests the workshop to start as close to 5:30 p.m. as possible. Attachments: Powerpoint presentation handouts , • ` r NA 4 . ' ,,,, _ - F ;:' - ,. 1 _• xi, t 1 . a) . , _. _ , ,4i . :, ....... ... . . . . .. . _ . a = ...,::. . _. ..... - • Cli a at .. # -� ,, . 4,„„„,,,,a ...... .. „_ i........, . . . . , ..,,, ,..,;,4_, . ,. _ . . . .. • " . .. . , -, , :,. ,. ,„47........ ,,,.. .• .. as o ,,, , . . , . „.... . . . ..... . -.. ,, ... �s. a) LIMMI . . • • 4 ' .'' 4 , . .. . . , 0 Em :„ ,,,:.,.. __ ..._,..:_ ,, , „.. .. .. ce. • . . . , . . . . .. . . „ . .. . ,.. . ..„ ,., . . .... . --c) . ... . ,... : ,.,.. ,--'- - ' ' . ,., , . . _ , . .... . • ., ., , 73 c f. . _ _ , ,•. .. . . . ,., ..,. . . ., . liwwwwwkawit''.* . • ia) . . 44010.00.14 " V (I) _, _ �wt ` CZ k Ipr) w . it 1. ctio i . , CC ,.,„ j �: a rt -iiY` fir.. ..."' t (1) . . .y :.:;.:', C3 . \ e,", • . . t t _ x _ f c a) 4— E s . . 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Vq — o ww U 4 a`-- oN to -� o - O > ,- a) it w st.o) a5 o a) O � ,� > •MINIM o L.. _ '�— E 2 r am , LZ3 U 3 0 0 '4"'' V Cr) '""; ,2.,: ,:', .,t : ,',7'. ' ._i - V C .0 . C O ,+._ 00 � — � V) a. � 2Oca ii t/ ' •• AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,SEPTEMBER 21,2004 7:00 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, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. OPEN PODIUM HELD TUESDAY,SEPTEMBER 21,2004 B. CITY COUNCIL MEETING HELD TUESDAY,SEPTEMBER 21,2004 VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT HEARING ROLLS AND SETTING HEARING DATE C. ACCEPT PROPOSAL FOR COMMUNITY CENTER REMODELING PROJECTS FROM MCFARLAND CONSTRUCTION COMPANY D. ACCEPT PROPOSAL FROM ENVIRONMENTAL PROCESS INC.TO PERFORM BUILDING ASSESSMENTS OF 23 CITY BUILDINGS E. APPROVE AGREEMENT WITH HAMLINE UNIVERSITY CENTER FOR GLOBAL ENVIRONMENTAL EDUCATION TO DEVELOP CURRICULUM AND IMPLEMENT DISTRIBUTION OF BIG FOOT CD-ROM,I.C. 02-5578 F. PROCLAMATION FOR MINNESOTA WOMEN OF TODAY WEEK CITY COUNCIL AGENDA September 21,2004 Page 2 VII. PUBLIC HEARINGS/MEETINGS A. VACATION OF RIGHT-OF-WAY AND EASEMENTS IN GRAY FOX BLUFF,VACATION 04-09 (Resolution) B. ASI JET CENTER HANGAR by ASI Jet Center. Request for Site Plan Review on 0.75 acres.Location: 14801 Pioneer Trail (Flying Cloud Airport). (Resolution for Site Plan Review) C. BEST BUY by BBE Properties. Request for Planned Unit Development Concept Review on 5.39 acres, Planned Unit Development District Review with waivers on 5.39 acres, Zoning District Change from Office to Commercial Regional Service on 5.39 acres, Site Plan Review on 5.39 acres, and Preliminary Plat on 5.39 acres into one lot. Location: 7901 Flying Cloud Drive. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning Change,Resolution for Preliminary Plat) VIII. PAYMENT OF CLAIMS IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS A. STUDENT REPRESENTATIVES TO BOARDS AND COMMISSIONS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. MCA Study Update D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF CITY COUNCIL AGENDA September 21,2004 Page 3 H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT V.A. UNNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL OPEN FORUM TUESDAY,SEPTEMBER 7,2004 CITY CENTER 6:45—7:00 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, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, and Recorder Lorene McWaters OPEN FORUM A. ROGER SCHANUS AND KAREN HAKES Karen Hakes distributed folders of information that included Aquajets and Foxjets swim times at the Community Center and Oak Point pools for 2004. Roger Schanus introduced himself as an Eden Prairie resident and the parent of four children who belong to the Aquajets swim club. Mr. Schanus said he feels allocation of prime swim time at the two pools run by the City is unfair. He referred to the Parks and Recreation Department policy guideline that states: "If teams or organizations are at the same priority level,then the team or organization that serves the highest number of Eden Prairie residents will receive the higher priority status in terms of field,pool, rink and court reservations." Schanus said Aquajets has 77 swimmers and Foxjets has 199 swimmers,yet Aquajets has no primetime swim hours at the pools. He said Aquajets has been forced to practice at Flagship, but as that facility becomes busier, fewer hours are available. Schanus said his organization is looking for a more fair allotment from the City. He said he has worked with both Beth DeGree and Laurie Obiazor on this issue, and they have both been great. Schanus said one way to look at the issue is that since 28 percent of Eden Prairie kids who swim belong to Aquajets,they should be entitled to 28 percent of prime swim time. He said since there are eight lanes in a pool, Aquajets could be allowed to use two of the lanes while the Foxjets use the other six. Schanus said he has no animosity toward the Foxjets,he just wants what is fair. He said the hockey association uses a mediator to address these types of issues, and perhaps that is what the swim teams need to do. He also suggested the City Attorney review the City's policy for fairness. Mayor Tyra-Lukens asked that the policy be referred to the Parks and Recreation Commission for review. Parks and Recreation Director Bob Lambert agreed that the Commission should review the policy since they drafted the policy. B. STUART NOLAN AND NATHAN BERGELAND City Attorney Ric Rosow told Council that Mr.Nolan and Mr.Bergeland have initiated a lawsuit against the City;therefore, Council can listen to their concerns, but should refrain from making comments and asking questions. Bergeland said access to his property has been blocked by building activity on an adjacent lot. He said he needed to have immediate access because he was holding a wedding at his home in a few days and he felt he was not getting the response he needed. He said he filed a lawsuit to"point out some issues." He said he believes smart people can discuss an issue and come to an amicable decision. He said that during the history of these properties in"many instances decisions have not been upheld from planning through the permitting process." Mr.Nolan gave Council a list of"deviations"that he would like to be addressed. He asked Council to"please uphold the words you put in the developers agreement." He said his only interest is to get the developers agreement upheld. He said if that is accomplished,there will be no law suit. UNAPPROVED MINUTES V.B. EDEN PRAIRIE CITY COUNCIL TUESDAY,SEPTEMBER 7,2004 7:00 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, Community Development Director Janet Jeremiah, 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 7:00 p.m. All members were present. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. UPDATE ON CITY'S MEET AND GREET PROGRAM Economic Development Manager David Lindahl reported the 2-year program has reached its 100th meet and greet with Arrow Electronics. The meet and greet program began as an effort to strengthen the City's ties with the business community and to obtain feedback about city services. Lindahl said quality of life is what attracts and keeps businesses to Eden Prairie and his goal is to accomplish 40 meet and greets this year.He said 100 of the companies visited account for over 16,000 workers and represent 25%of the entire workforce in Eden Prairie V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal requested pulling Consent Calendar Item I. and placing it under Item XIV.H.Report of City Attorney.Neal also requested pulling Consent Calendar Item J. and placing it under XIV.C.Report of Community Development Director.Rosow requested reversing of the order of items under XIV.H.with number 2 as number 1;number 1 as number 3; and Consent Calendar Item I. as XIV.H.2. MOTION: Case moved, seconded by Mosman,to approve the agenda as published and amended.Motion carried 5-0. VI. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,AUGUST 17,2004 MOTION: Young moved, seconded by Case,to approve the minutes of the City Council workshop held Tuesday,August 17,2004.Motion carried 5-0. CITY COUNCIL MINUTES September 7,2004 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 17,2004 On page 5, Item XV.A.2,Mosman said the entire third sentence should read "She said the agreement has weight-bearing restrictions, limits nighttime maintenance and keeps the general recreational character of the airport." MOTION: Young moved, seconded by Case,to approve, as amended,the minutes of the City Council meeting held Tuesday,August 17,2004.Motion carried 5-0. VII. CONSENT CALENDAR A. ADOPT RESOLUTION NO.2004-127 CERTIFYING PROPOSED 2005 PROPERTY TAX LEVY,ACCEPTING THE PROPOSED 2005 BUDGET, AND SETTING DATE(S)FOR TRUTH-IN-TAXATION HEARING(S) B. APPROVE AGREEMENT WITH J-III PROPERTIES ALLOWING CITY TO DEMOLISH STRUCTURES AT 18600 AND 18700 PIONEER TRAIL C. APPROVE AGREEMENT WITH EXCEL ENERGY FOR A TRANSMISSION LINE EASEMENT ASSOCIATED WITH CSAH 4/VALLEY VIEW ROAD INTERSECTION PROJECT,I.C. 96-5405 D. ADOPT RESOLUTION NO.2004-128 ORDERING A FEASIBILITY STUDY FOR STREET IMPROVEMENTS FOR PIONEER TRAIL,I.C. 04-5632 E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH TKDA FOR DESIGN AND CONSTRUCTION OF WELL#15,I.C. 04-5611 F. AUTHORIZE SUBMISSION OF PERMIT APPLICATION FOR WINTER USAGE OF THE LRT TRAIL G. ADOPT RESOLUTION NO.2004-129 AUTHORIZING DISPOSAL OF TAX FORFEIT LAND PARCEL H. CONSENT TO ASSIGNMENT OF AN AGREEMENT WITH THE CITY OF EDEN PRAIRIE FROM QWEST WIRELESS LLC TO VERIZON WIRELESS I. APPROVE GRADING/LAND ALTERATION PERMIT FOR LOT 2,BLOCK 1,BRYANT LAKE HEIGHTS J. ADOPT RESOLUTION NO.2004-130 AUTHORIZING EXECUTION OF DOCUMENTS RELATING TO SALE OF PROPERTY TO WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST MOTION: Mosman moved, seconded by Case,to approve Items A-H of the Consent Calendar. CITY COUNCIL MINUTES September 7,2004 Page 3 Case commented on Item B.He said photo documentation is important as one of the structures is the last of five or six 1878 brick farmsteads in the city and the other wood structure also has historical value.Neal reported that Mr. Gertz has photo documented both properties.Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. HILLTOP TOWN OFFICES by Arima L.L.C.Request for Planned Unit Development Concept Review 6.89 acres,Planned Unit Development District Review with waivers on 6.89 acres,Zoning District Amendment within the Office Zoning District on 6.89 acres, Site Plan Review on 6.89 acres, and Preliminary Plat of 6.89 acres into 16 lots. Location: 7480 Flying Cloud Drive. (Resolution No.2004- 131 for PUD Concept Review, Ordinance for PUD District Review and Zoning Amendment,Resolution No.2004-132 for Preliminary Plat) City Manager Scott Neal reported that official notice of this public hearing was published in the August 26,2004,Eden Prairie Sun Current and sent to 10 property owners. He said this project is for five town office buildings totaling 15 units. The total size of all buildings is 39,749 sq. ft. He said this project was first reviewed by the Community Planning Board at the July 12,2004 meeting and the Board voted to continue the item and directed the developer to revise plans to include right of way for a future turn lane.The Board also directed the developer to revise the grading plan and construct retaining walls necessary to accommodate the right turn lane. Neal said at the August 9, 2004 meeting,the Community Planning Board voted 7-0 to recommend approval of the project to the City Council based on revised plans with right-of-way and retaining walls to allow the construction of a right turn lane.This site is part of the Wilson Learning Center PUD approved in 1986 for office use. Twenty-thousand square feet of office was anticipated for this property. He said PUD waivers are requested for lot size and dimension,building setback, development on a shoreland bluff, and impervious surface. Lot size and dimension are due to platting each building unit for individual sale,the bluff was a result of previous grading; impervious surface includes existing Wilson Ridge driveway, and building setback due to additional right of way dedication. Janet Jeremiah pointed out that although this is an increase in the office density compared to the original PUD for the Wilson Learning Center, it is in keeping with the densities anticipated during the Golden Triangle area study. She added that the developer is dedicating a substantial amount of right of way and is doing grading and retaining walls to allow future road improvements. Jeremiah said two of the four waivers are to accommodate the sale of the offices as condominiums and do not affect the physical character of the development. She said the third waiver is due to the shore land bluff that is man made. There were no public comments. CITY COUNCIL MINUTES September 7,2004 Page 4 Case asked staff if there was an anticipated footprint originally and if the current project is within that. Jeremiah said that is something staff can look into and provide comparison before final approval. MOTION: Butcher moved, seconded by Mosman,to close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Review on 6.89 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Office Zoning District on 6.89 acres; and adopt the Resolution for Preliminary Plat on 6.89 acres into 16 lots; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions.Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Young, to approve the Payment of Claims.The motion was approved on a roll call vote with Butcher,Case,Mosman,Young and Tyra- Lukens voting"aye." X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS A. ARTS & CULTURE COMMISSION Neal reported that the Arts and Culture Commission, currently at six members, is under the maximum membership level of seven members, and Ms.Diane Zielke's application was just received in the past few weeks. He said Ms.Zielke has a Bachelor's degree in Graphic Design and a Masters degree in Art Education,and most recently taught as an art teacher in the St.Louis Park school district for about 10 years. He said since Ms.Zielke has outstanding qualifications,he and the Arts and Culture Commission staff liaison Sandy Werts recommend Council approve this appointment. MOTION: Case moved,seconded by Mosman,to appoint Ms.Diane Zielke to the Arts and Culture Commission for a term to end on March 31, 2006. Motion carried 5-0. XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER CITY COUNCIL MINUTES September 7,2004 Page 5 1. Proposed Disposition of the Settlers West Undesignated Financial Contribution Neal reported that last week he shared with the Council his proposal for the disposition of the Settlers West financial contribution. He said in connection with this,the City will receive$1,000,000 over the next five or six years and he proposes to accept those funds as undesignated gifts, as recommended by the city attorney's office,to designate approximately$270,000 for use of long term upkeep and maintenance of underground utilities in that area. He said that amount is approximately what the project would have paid if it had been done entirely within the city.Neal said the balance would be accepted into the Capital Improvements Program to be distributed as changes are made to the CIP during the regular budget process. Case asked if a formal motion is necessary to say that the proposal is also the council's intention.Rosow said when the first portion of the gift is received, he would propose bringing a resolution to the council accepting the gifts and conditions.He said at that time all future gifts can also be accepted to avoid multiple resolutions over the next five years.Rosow said Neal will be presenting a proposal for how the funds will be spent at various times and the council would be making decisions at that time. Case asked if a formal action should be made to dedicate the first$270,000 to its specific fund with the balance to go into an undesignated capital improvement fund.Rosow said it's a matter of policy and is appropriate to have such an action by the council.He said he doesn't believe it's legally required,but in terms of preserving for future councils the explicit intent of the council resolution is a fine way to deal with it.Neal agreed. Case said it is strategically important that the monies are received with that thought. He said this is the first time in history that an area outside of the City is being serviced with no future assessments for redevelopment improvements, so it requires special thought given to recommendations for future councils. Young said even though he understood that part of the approval was the receipt of the$1,000,000,his assumption was that the money merely reflected the cost that the City would otherwise incur and there would be a similar charge placed upon the developer as if the entire property had been in the City and the City would be able to assess it in taxes.He said it is now his understanding from Neal's memo that that may not be the case. Young asked if the receipt of the money was a condition upon which the council approved the development proposal.Neal said it was part of the overall agreement and was brought to the council and approved as part of the overall agreement.Young said he is uncomfortable with the"gift" nomenclature and it was not a gift,but part of what was approved. CITY COUNCIL MINUTES September 7,2004 Page 6 Young asked if the development had been entirely in Eden Prairie,would the City have charged$270,000 for the expected future upkeep of the utilities. Neal said yes, in two different forms—sewer access charge and water access charge.Young asked if it had been entirely in the City,would there have been any other charges imposed upon the developer as a normal part of getting the project completed.Neal said he doesn't have that answer but it will be discussed tomorrow morning, in addition to park dedication fees, at the staff meeting.Young asked for a ballpark figure on park fees. Lambert said approximately$2,800 per unit so about$140,000 or so in park fees. Young asked Neal what is the historical origin of the$1,000,000 figure.Neal said it is his understanding that in an attempt to see if the land could be de- annexed from Chanhassen and annexed into the City,the developer had discussions with Chanhassen concerning long term property tax loss Chanhassen would sustain if the land were de-annexed and added to Eden Prairie.He said the developer tried to mitigate the loss by offering Chanhassen cash compensation up front and through early consideration by the mayor,the mayor declined to support that proposal so the developer asked the City of Eden Prairie to take those same dollars and extend utilities to an area outside the City that the City would not normally extend its utilities. Neal said there were discussions at staff meetings and with the city attorney to bring a development agreement that would legally provide the citizens of Eden Prairie with a benefit that they would not have ordinarily received—the dollars over and above what the City would have received if this development would have been in the City.Young asked if that figure is approximately$400,000 in fees and Neal said it is something on that order. Young said he is uncomfortable with receiving$600,000 from the developer for the purposes of facilitating the development, and there is no formula that creates that figure.Young said he feels the City opens itself up for criticism that if the number is right,the City will accommodate the developer's request to do this. Young suggested if the money is accepted from the developer for Settlers West,that the highest possible number be used to justify so as not to expose the City to costs in the future. Tyra-Lukens noted the council already voted unanimously to accept this and Young was part of that vote. Young said until he read Neal's memo last week, he didn't realize the$1,000,000 was anything other than the normal cost associated with the development.He said it was spelled out in the memo for the first time. Case said he feels that originally part of the reason to accept monies was the uniqueness of this project to service an area that could not be serviced otherwise by Chanhassen.He said there is some sense in Minnesota that communities should in some way look at this favorably and help each other. Case said he does not see that looking at a special unique project that would benefit our people by receiving special funds is connected necessarily to who the developer is or the fact that he has done other projects in the City,however he does appreciate the sensitivity to it. CITY COUNCIL MINUTES September 7,2004 Page 7 Case said the cash park fees are to build the City's park system and he is assuming the neighborhood will not be using Eden Prairie's park system or the city will not feel the need to supply this neighborhood with a neighborhood park. Case said he assumes Chanhassen will meet that need for the neighborhood.Lambert said not really,because of how the neighborhood is situated and accessed,they will be using Eden Prairie's park system.Case asked if it is the City's ethical responsibility to supply the neighborhood with park and recreation facilities.Lambert said he does not know if it's our ethical responsibility,but he would say as a practical manner the nearest parks would be Eden Prairie's.Young said in incorporating the park fees,there is a guideline to justify the expense. Young said it worries him that his message is saying that maybe if a developer has an unusual project not otherwise granted and that if the money is right,we will accommodate the developer. Butcher said this is a valuable conversation to have and there are many attributes connect with the notion of a"gift."She said ever since she has been on the council, developers have given gifts through conservation easements and also through land that was actually developable,but it was a tradeoff because it benefited the city in some way. She said if we are going to have this discussion,we need to look at it overall because the city has been given gifts many times with each one having a dollar figure associated with it. She said she thinks the public is delighted when actions such as this are taken for the good of the whole. Rosow said he originally understood the concept was the developer was volunteering to make the payment to the City and there were various discussions on costs to the City for extending water, etc.and it was understood there would be an overage.Rosow said he thought it was important to protect the City to put it into the developer's agreement protection against nonpayment because he didn't want an expectation that the City would be receiving the funds over time that the City was then counting on that it could not enforce.He said it was also to remove the contingency on how the monies are spent. Young said gifts can take various forms,but there needs to be a connection between what we're asking and the benefit the development will receive. Mosman said the trading seems logical,being able to develop two pieces of property and have a contiguous development that would not otherwise not be able to be developed. She said she can't see anything in this project that would be considered undesirable for the City. Case said the council is always looking for tradeoffs that benefit the City and he does not see this as any different.He said the ultimate goal of the council would be to make a better Eden Prairie and there should be a tradeoff that tips the balance that we did better for our people than what it would have been otherwise. Dietz said staff did not think much of the idea of providing utility service for CITY COUNCIL MINUTES September 7,2004 Page 8 this development outside the City but the development would bring an early closure to the rifle range and would eliminate the possibility of a road connection from Hwy. 212 to Pioneer Trail through a property that would be beyond our control.He said Eden Prairie will also probably be the first responder because of its proximity and full time police department. Dietz said it worked out and there was benefit to everyone and staff looked at it as a separate thing never to be looked at to benefit future projects. Tyra-Lukens asked if the dollar amount is in the developer's agreement.Neal said it is. Tyra-Lukens said councilmembers should think about this discussion and maybe not do a motion.Neal said there is not a need to take an action tonight on this item; it is more of an early signal on the direction that staff would intend to advise the council to go in once we begin receiving the funds. 2. Notice of Conference and Meeting Dates Neal reported that the League of Minnesota Cities 2004 Conference will be in Duluth, October 10-12 and those interested in attending should let Lorene McWaters know. He said the Metropolitan Council will host an open house style meeting on its transportation policy plan Thursday, September 23 at Southwest Metro Transit in Eden Prairie from 4:00-5:30 p.m.with Peter Bell making the presentation, and those interested should also contact Lorene McWaters. Neal said the Chamber of Commerce is sponsoring an education forum program on September 22 from 7:30-9:00 a.m.called Education Funding,It's Your Business.He said the City has a table with 10 spots reserved.Neal said those interested in attending should let Lorene McWaters know. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Adopt Resolution No.2004-130 Authorizing Execution of Documents Relating to Sale of Property to West Hennepin Affordable Housing Land Trust(formerly Item J. on the Consent Calendar) Rosow said this item is the approval of various agreements between the City, Hennepin County and the West Hennepin Housing Land Trust.He said his recommendation is not to change any of the recommended approvals, but the environmental report received last week exposes that there is contamination from an underground storage tank on an adjacent property.He said the environmental consultant is concerned about vapor migration to the property and whether the MPCA will require the developer to install a vapor barrier. Rosow said state environmental laws would hold anyone who is an owner of property at the time contamination is present responsible for the contamination even though they may not have caused it.Therefore,he is recommending that council's approval be contingent upon satisfactory resolution of the environmental issue at no cost to the City. CITY COUNCIL MINUTES September 7,2004 Page 9 MOTION: Case moved,seconded by Butcher,to adopt a resolution authorizing execution of documents relating to sale of property to West Hennepin Affordable Housing Land Trust contingent upon satisfactory resolution of environmental issue at no cost to the City of Eden Prairie. Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Hockey Rink Update Lambert provided an update on the progress of Hockey Rink I at the Community Center.He said over the last week there have been many emails sent to the City Council and staff with concerns regarding this project and it is important for the City Council and staff to reassure residents that the project is proceeding as quickly as possible. Lambert said the timeframe to remove frost from under the rink took nearly three weeks longer than originally anticipated and the estimated time for opening the rink is now November 8.Prior to starting the project,the City met with representatives from the Hockey Association,Figure Skating Club, and High School Hockey Teams and discussed the estimated timeframe for this project.The best-case scenario was for an October 15 opening;worst-case. was December I. Staff did not sell any ice time prior to November I, anticipating there might be some causes for delay,which happens more often than not during any construction project. Lambert said staff tries to put daily photos on the website so citizens can check the progress of the project online or they may also visit the site and talk to staff about the progress. Mosman noted that his project was originally planned for 2005 and the City had to go ahead with it because of the condition of the piping of the refrigeration system.Lambert said the system was in a concrete instead of sand floor, and there were more leaks than anticipated.He said he is confident that staff and contractors are doing everything they can and we will have a very good product when it's finished. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. Bryant Lake Subdivision(formerly Item 2.) CITY COUNCIL MINUTES September 7,2004 Page 10 Rosow said he has an amendment to the developer agreement for Bryant Lake Heights.He reported that Bryant Lake Heights is composed of three lots:Lot 1 owned by James and Ranelle Perkins;Lot 2 owned by Mr.Berglund; and Lot 3 owned by Steven Longman Builders who purchased the lot and has a residence under construction. Rosow said Berglund previously had an easement across the Longman lot that allowed him to drive across the property to access his lot,but real estate records reflect that he entered into an agreement with Perkins that relinquished that easement and entered into a license agreement that he retain that easement until his driveway was built.Rosow said the license agreement was never recorded with the county so when Longman searched records for marketable title to the lot, he would not have discovered the license agreement, he would have seen the easement was vacated. Rosow said the other part of their lawsuit was against the City as they said the City should not have issued a permit based on the premise that you need to have the plans for all lots in front of the city before permits can be issued on any of the lots. Rosow said that is not ever the way the City has approached this and it is not the intention of the development agreement. Rosow said the City's practice has been that there is an overall development plan and when projects come in they are evaluated against that and permits are issued. He said what is before the council tonight is an amendment to the development agreement,but only for Lot 3.He said every paragraph in the original development agreement is retained in the amendment but tailored to this lot.He said Mr.Longman signed the agreement today and Rosow recommends council approve the amendment to the development agreement for Bryant Lake Heights with respect to Lot 3,Block 1. MOTION: Mosman moved, seconded by Case,to approve the amendment to the development agreement for Bryant Lake Heights with respect to Lot 3, Block 1. Case commented that he is hoping to be filled in more about this in closed session and he is voting tonight somewhat in ignorance, but in full confidence that this is the right thing to do.Rosow responded that by having a development agreement that addresses all the particulars with respect to Lot 3, we are protecting the City's interest in the proper development of that lot and that is an extra benefit from having a separate development agreement that references the exact plans that have been submitted and approved by your chief building inspector.He said it is not a process normally done with respect to every building permit, but because of the many questions about this particular development,he thinks it's appropriate to have this agreement. Rosow said there is one more lot,Lot 1, and we're not dealing with that tonight;Lot 2,which is Mr.Berglund's lot, and is not subject to the agreement because he purchased it before the development agreement was filed. CITY COUNCIL MINUTES September 7,2004 Page 11 Motion carried 5-0. 2. Approve Grading/Land Alteration Permit For Lot 2,Block 1,Bryant Lake Heights(formerly Item I. on Consent Calendar) Rosow said this deals with an accommodation to Mr. Berglund.He said there were two emergency court hearings held by a judge, one Friday evening, and another hearing Wednesday last week, at the site,to view it himself to make sure there was emergency access available to Mr.Berglund's lot. Rosow said the judge determined there was adequate emergency access to the site. Rosow said at the hearing Friday at the site,the judge issued an order in favor of Berglund and awarded a judgement so Berglund waited until that time to put in a driveway.Rosow said as they were at the site discussing what could be done, all the judge was concerned about was emergency access.Rosow said in discussing it with defense counsel appointed by the league, it was decided to recommend to staff that the city would allow them to go ahead with their grading permit at their own risk subject to confirmation of the permit by the council at tonight's meeting.He said staff has reviewed the plans for the driveway and found them to be acceptable and are not recommending any changes. MOTION: Butcher moved, seconded by Case,to approve and ratify the grading/land alteration permit for Lot 2,Block 2,Bryant Lake Heights. Motion carried 5-0. 3. Closed Session to Discuss Litigation (formerly Item 1.) MOTION: Case moved, seconded by Mosman,to enter into closed session, under Minnesota Statutes 13D.05, Subdivision 3B, for the purpose of discussing litigation strategy and be advised as to the nature and issues being raised in the litigation and receive legal counsel's recommendations with respect to the litigation. Motion carried 5-0. Council entered into closed session at 8:15 p.m. XV. OTHER BUSINESS XVI. ADJOURNMENT CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 21, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.A. Christy Weigel,Police/ Clerk's License Application List Community Investigations Unit These licenses have been approved by the department heads responsible for the licensed activity. Gambling/Raffle Organization: Peace House Foundation Place: Bearpath Golf& Country Club Date: November 13, 2004 Private Kennel David&Lisa Kempston—dogs Talitha Davey—dogs - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 21, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.B. Jim Richardson&Eugene Declaring Costs to be Assessed and Ordering Dietz,Public Works/ Preparation of Special Assessment Roll and Engineering Setting Hearing Date Requested Action Move to: Adopt resolution declaring costs to be assessed and ordering preparation of special assessment hearing rolls and setting hearing date. Synopsis This Special Assessment Hearing is conducted annually in October. The assessments levied are for projects which have reached the point of substantial completion since the previous hearing. This process is conducted in accordance with State Statutes and procedure developed with the assistance of the City Attorney. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2004- RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF 2004 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE WHEREAS, contracts have been let for the following listed improvements and the total project costs, including expenses incurred, or to be incurred and the City's share, exclusive of that assignable to City Property,are established as shown on the attached Exhibit A. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1. The costs of such improvements to be specially assessed are hereby declared to be those as set forth in Exhibit A. 2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper 4 amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in the office of the City Engineer for public inspection.. 3. A hearing shall be held on the 19th day of October, 2004, in the Eden Prairie City Center, 8080 Mitchell Road, at 7:00 p.m.,to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. She shall also cause mailed notice to be given to the owner of the record of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the Eden Prairie City Council on September 21,2004. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta,City Clerk EXHIBIT A 2004 SPECIAL ASSESSMENTS September 21,2004 PROJECTS Total Cost City Amt to be Funds Assessed Supplementals Trunk Sewer and Water $192,520.00 $0 $192,520.00 I.C. 99-5491 Trunk Exclusions-Cedar Forest $1,040.00 $0 $1,040.00 I.C. 98-5474 Trunk Exclusions- Crestwood Terrace $9,360.00 $0 $9,360.00 I.C. 96-5406 Trunk Exclusions-Highview/Lakeland $1,040.00 $0 $1,040.00 I.C. 99-5491 Lateral Exclusions—Cedar Forest $48,480.00 $0 $48,480.00 I.C. 98-5474 Lateral Exclusions -Crestwood Terrance $176,976.00 $0 $176,976.00 1.C. 96-5406 Lateral Exclusions—Highview/Lakeland $29,481.49 $0 $29,481.49 1.C. 51-105 Lateral Exclusions—Bennett/Blossom $9,500.96 $0 $9,500.96 Weed&Tall Grass $2,449.50 $0 $2,449.50 Connection Fees $115,959.30 $0 $115,959.30 Special Assessment Agreements $85,680.50 $0 $85,680.50 TOTAL $672,487.75 $0 $672,487.75 CITY COUNCIL AGENDA DATE: SECTION: September 21, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. C. Paul Sticha, Office of the City Community Center Remodeling Projects Manager,Facilities Requested Action Move to: Accept the proposal from McFarland Construction Company for remodeling projects at the Community Center at a cost of $44,860 and authorize execution of the contract. Synopsis The remodeling projects include: • Converting Conference Rooms A&B plus one racquetball court into a new Fitness Center • Converting the current fitness center into a new Youth Arcade • Converting two small Team Rooms into one large Team Room in Rink# • Building one new Team Room in Rink#2 Background Information This proposal is for improvements to the Community Center approved by the City Council on August 3. The City requested proposals from McFarland Construction Company and The Bainey Group, Inc., based on plans prepared by Delano Erickson Architects. McFarland is a well known General Contractor that has been used many times for remodeling projects at the City. The two proposals were within$1000 of each other. We recommend accepting the proposal from McFarland,the lower of the two proposals. Facilities will act as the General Contractor to manage painting, carpet and electrical contractors, in order to save the General Contractor's mark-up on these contracts. The painting, carpet and electrical proposals are several thousand dollars each. Attachments McFarland proposal Agreement S September 2, 2004 R ©FAI LA CONSTRUCTION COMPANY Mr. Michael Sheggeby Eden Prairie Community Center 16700 Valley View Road Eden Prairie, MN 55344 Re: budget costs for miscellaneous remodeling Dear Michael, We submit for your consideration our preliminary budgets for the miscellaneous remodeling work at the Eden Prairie Community Center as requested. For the fitness and free weights area we have included: 1. Shore and cut masonry wall to racquet ball court 2. Patch masonry and set lintel at new opening 3. Hollow metal frame at opening (this could be omitted) 4. Remove the folding partition, 2 mirrors, and one elevation of cabinets 5. Replace hardware at the court door 6. Wall and ceiling patches at removals 7. Remove sink and install owner furnished drinking fountain at that location 8. Clean-up of our work 9. We have excluded any carpet and base, free weight flooring, painting, or other changes to mechanical or electrical systems other than what is listed above as requested The cost of this work would be $7,490.00. A cc ?i f}.Cr6e At the second floor we could furnish and install a new door and frame with . drywall infill of the existing opening for a cost of$2,430.00. We could add two/ DEcLi 4E windows through the existing masonry wall for an additional $8,370.00. We ,)) have excluded flooring, painting, or other changes to mechanical and electrical ge systems other than noted above as requested. For the new team room at the north ice we could remove the existing skate room facilities, relocate fire extinguisher and cabinet unit heater, install new masonry walls with a door and frame to create a new team room. We also include sprinkler changes, and a connection of the new team room to the existing 50 Ninth Avenue South Hopkins,Minnesota 55343-6700 Phone:(952)936-7662 Fax:(952)936-7664 exhaust system for a cost of$15,790.00. We have excluded flooring, painting, 11- EPr aluminum benches, skate tile, or other changes to mechanical and electrical systems other than noted above as requested. For the new team room at the south ice we could remove the wall between the existing small team rooms, remove and cap one toilet, remove existing doors and frames, cut the existing masonry for a new door and frame, install new and repair existing masonry walls, and install a door and frame to create a new team room. We also include a new skate counter and counter shutter. We also include sprinkler changes, and modifying the existing connection of the new team room to the existing exhaust system for a cost of$19,150,00. We have PC excluded flooring, painting, aluminum benches, skate tile, or other changes to &o mechanical and electrical systems other than noted above as requested. We trust this provides the information requested but please call us if you have any questions regarding this work or scope of work. Very Truly Yours, Tim McFarland President TM/GC, ge:commaki> A-ccepi A16 A-5 Woi t) AGREEMENT THIS AGREEMENT is made and executed the 21 st day of September, 2004, by and between the City of Eden Prairie, hereinafter referred to as the "Owner", and McFarland Construction Company,hereinafter referred to as the "Contractor", WITNESSETH; Owner and Contractor, for the consideration hereinafter stated, agree as follows: 1. Contractor's Duties: The Contractor shall provide the equipment and construction services specified in the construction plans drawn by Delano Erickson Architects dated September 10, 2004, and shall do everything required by this Agreement and the Contract Documents. Contractor shall fully and satisfactorily comply with the conditions of the Contract Documents and complete the work contemplated by this Agreement in accordance with the Contract Documents. 2. Bonds: Not applicable. 3. Price: This is a firm price contract wherein the Owner agrees to pay the Contractor the amount of$44,860.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement. 4. Payment: Payments to the Contractor by the Owner shall be made as provided in the Contract Documents. 5. Contract Documents: The Contract Documents consist of the plans drawn by Delano Erickson Architects dated September 10, 2004 . The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. 6. Completion: The Contractor shall deliver all equipment and complete all construction within sixty (60) days of the NOTICE TO PROCEED in accordance with the terms and conditions set forth in the Contract Documents. 7. Data Practices Act: The Contractor shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. § 1301, et seq., to the extent that the Act is applicable to data and documents in the hands of the Contractor. 8. Audits: The books, records, documents, and accounting procedures and practices of the Contractor or other parties relevant to this agreement are subject to examination by the Owner and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. 9. Income Tax Withholding: No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the Owner that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate by the Ownerer of Revenue shall satisfy this requirement. Note: This section applies to contractors who undertake to supply labor or a combination of labor and materials for specific construction, repairs, rehabilitation or improvements. It does not apply to contractors for maintenance services or dealers, merchants and suppliers who supply materials only. 10. Worker's Compensation: Contractor represents and warrants that it has and will maintain during the performance of this agreement worker's compensation insurance coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of insurance or the written order of the Ownerer of Commerce permitting self insurance of worker's compensation insurance coverage provided to the Owner prior to execution of this agreement is current and in force and effect. 11. Discrimination: In performance of this contract, the Contractor shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Contractor, any subcontractor of the Contractor, or any applicant for employment. The Contractor shall include a similar provision in all contracts with subcontractors to this contract. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. § 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 12. Conflicts: No salaried officer or employee of the Owner and no officer of the Owner shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 13. Claims: To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 14. Contractor's Prompt Payment of Subcontractors: The Contractor shall pay to any subcontractor within ten (10) days of the Contractor's receipt of payment from the Owner for undisputed services provided by the subcontractor. The Contractor shall pay interest of one and a half percent(1 V2%)per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00.For an unpaid balance of less than $100.00, the Contractor shall pay the actual amount due to the subcontractor. 15. Prevailing Wage. Not applicable. 16. Counterparts: This Agreement may be executed in multiple counterparts each of which shall be considered an original. 17. Whole Agreement: This Agreement and the Contract Documents constitute the final and complete agreement of the parties and shall supersede and replace any prior oral or written agreements between Owner and Contractor. Any subsequent modification must be in writing signed by both parties. 18. Governing Law: This Agreement shall be governed and construed under the laws of the State of Minnesota. IN WITNESS WHEREOF,the parties to this Agreement have hereunto set their hands as of the date set forth above. The City of Eden Prairie By Nancy Tyra-Lukens,Its Mayor By Scott Neal,Its City Manager McFarland Construction Company By Tim McFarland,Its President Owner\general\contractg CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 21, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.D. Paul Sticha,Office of the City Building Assessments Manager,Facilities Requested Action Move to: Accept the proposal from Environmental Process Inc. (EPI)to perform Building Assessments of 23 City owned buildings for the building envelope(brick, block, caulking, windows, etc.), asphalt and concrete(driveways, parking lots, sidewalks, etc.),the roof and the HVAC systems (heating, ventilation,air conditioning) and authorize execution of the contract. Synopsis The Building Assessments will provide the City with a report of the condition of each of the 23 buildings in each of the four categories listed above. The process and resulting reports will include a visual inspection of the buildings and equipment including a photographic record, a description of existing conditions,a spreadsheet of recommended repairs and improvements and budget estimates to perform those repairs over a five-year period. Additionally,the HVAC assessment will include energy saving recommendations with budget estimates and payback estimates. These assessments will be done each year and new recommendations and budget estimates will be made after evaluating the previous work completed and changes in priorities and conditions from year to year. Background Information Facilities staff(Marc Thielman,Michael Sheggeby, and Paul Sticha) interviewed seven consulting firms that provided from one to all four of the disciplines/assessments that we need. (For example,AMEC does HVAC only,AMBE does roof and building envelope, Inspec does all four.) We asked each firm to submit proposals for the assessments they could provide. We considered all of the firms to be competent and at least one of the three of us has used each firm successfully in the past. Resulting proposals for all four disciplines ranged from approximately $35,000 to$75,000 annually. We recommend Environmental Process,Inc. (EPI)for several reasons. They had the most complete and most professional presentation,with pricing given for each individual building, as requested. Their pricing was competitive and in almost every case was lower than the consultants that performed only one or two of the disciplines. Their annual price for the assessments completed in the second year and beyond drops from approximately$35,000 annually to$25,000 annually, since they will have completed the front end work the first year. (Please note this is a three-year contract.) We also believe there will be an advantage to having one consultant do all four assessments, as they will be responsible for the entire property, building and equipment. Attachments EPI Proposal Contract Environmental Process, inc. ept Fri 715 Florida Avenue South, Suite 111, Golden Valley, MN 55426-1700 Phone:763-398-3040 • Fax: 763-398-0121 email: epimpls@rconnect.com June 9,2004 Mr. Paul Sticha Facilities Manager The City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344-4485 Re: The City of Eden Prairie Proposal for Building Surveys Dear Mr. Sticha: 1.0 INTRODUCTION Thank you for this opportunity for Environmental Process,Inc.(EPI)to submit our proposal to provide Architectural and Engineering services to provide Building Surveys for the City of Eden Prairie. 2.0 SCOPE OF WORK We understand the intent of this project is to provide Architectural and Engineering services to provide Building Surveys for the twenty-three(23)City of Eden Prairie buildings. The surveys shall be performed once per year in the years 2004,2005,and 2006. 2.1 The Building Exterior Envelope Survey scope of work is as follows: a. Visually survey the condition ofthe Exterior Building Envelope. This includes exterior building veneer,control joints,and door/window caulldng. The surveys will be completed from grade level. b. Prepare a report of the Exterior Envelope Survey findings. The report to include: 1. Spreadsheet of recommended maintenance repairs with budget estimates to perform those maintenance repairs based on a five year period. 2. Description of the existing Exterior Envelope conditions. 3, Photographic record of the building, c. Objective testing of the Exterior Envelope is not included. The City of Eden Prairie June 9,2004 Page 2 2.2 The Building Roof Survey scope of work is as follows: a. Visually survey the condition ofthe Roof This includes the roof system,roof edge flashing/ coping,mechanical curbs,downspouts,scuppers,and roof drains. The survey will be performed at roof surfaces which are accessible. b. Prepare a report of the Roof Survey findings. The report to include: 1. Spreadsheet of recommended maintenance repairs with budget estimates to perform those maintenance repairs based on a five year period. 2. Description of the existing Roof conditions. 3. Photographic record of the building. c. Objective testing of the Roof System for leakage is not included. 2.3 The Drive,Parking,and Walkway Survey scope of work is as follows: a. Visually survey the condition of the Building's Drive,Parking,and Walkway surfaces. b. Prepare a report of the Drive,Parking,and Walkway surfaces Survey findings. The report to include: 1. Spreadsheet of recommended maintenance repairs with budget estimates to perform those maintenance repairs based on a five year period. 2. Description of the existing Drive,Parking,and Walkway surfaces conditions. 3. Photographic record of the building. c. Objective testing of the Drive,Parking and Walkways is not included. 2.4 The Building HVAC Survey scope of work is as follows: a. Review of existing HVAC plans and specifications. b. Survey the condition of the major IIVAC equipment and the associated control systems. c. Observations regarding maintenance issues such as filter replacement,insulation condition, and coil/ductwork cleaning. d. Energy conservation review. The City of Eden Prairie June 9,2004 Page 3 e. Prepare a report of the HVAC Survey findings. The report to include: 1. Spreadsheet of recommended maintenance repairs with budget estimates to perform those maintenance repairs based on a five year period. 2. Description of the existing HVAC system conditions, 3, Photographic record. f. The review of the HVAC systems capacities versus the loads is not included. 3.0 CLIENT RESPONSIBILITIES This proposal is based on the following client responsibilities, 3,1 Provide the existing building plans&specifications(Architectural,Structural,Mechanical, Refrigeration,and Electrical). 3.2 Provide access to the building areas as needed. 4.0 ADDITIONAL SERVICES 4.1 On-site measuring if existing site and building plans are not available. 4.2 Expansion of the scope of project. 4.3 Asbestos(hazardous materials)testing. 5.0 FEE SCHEDULE Based on the services as defined above,EPI proposes a time and material not to exceed professional service fee of$85,658.50 for the 3-year total Architectural and Engineering services (including reimbursable expenses). This fee breakdown per building is as in attached 2004 Fee Schedule,2005 Fee Schedule,and 2006 Fee Schedule. 2004 Building Surveys $34,260.00 See attached 2004 Fee Schedule 2005 Building Surveys $25,699.25 See attached 2005 Fee Schedule 2006 Building Surveys $25,699.25 See attached 2006 Fee Schedule 3-Year Total $85,658.50 The City of Eden Prairie June 9,2004 Page 4 Please feel free to call me at(763)398-3040 with any questions or comments. We feel confident that we can assist you and look forward to working with you on this project, If this proposal is acceptable,please sign,date and return and we will schedule a date to begin. Sincerely, ENVIRONMENTAL PROCESS,INC. SA 1A Denny Langer,PE Shawn Brenny /p j, Copy: Charles A.Lane,EPI Michael Berreau,EPI 04-Proposal File Attachments: 2004 Fee Schedule 2005 Fee Schedule 2006 Fee Schedule Please sign below and sign the attached agreement indicating your acceptance ofthis proposal. Two(2) copies of each are provided. Please sign each copy of this proposal and the attached agreement,return one(1)copy of each to EPI. This must to be submitted prior to start of this work to insure our insurance coverages. Again,thank you for the opportunity to provide this proposal. Signature of Acceptance Date R Ecvnsn' i �AccepiRocEL 43/04- 2004 BUILDING SURVEY-En FEE SCHEDULE THE CITY OF EDEN PRAIRIE JUNE 9,2004 Building Address Sq.Ft. Envelope Survey Roof Survey Parking Etc.Survey HVAC Survey Total Administration City Center 8080 Mitchell Road 230,000 S900.00 $375.00 $225.00 $2.160.00 $3,660.00 Water Plant 14I00 Technology Drive 222.000 $900.00 S375.00 $225.00 $2,160.00 $3.660.00 Utilities Garage 7845 Mitchell Road 9,534 $600.00 $187.50 S187.50 $540.00 $1,515.00 Public Works 15150 Technology Drive 88,000 $600.00 $725.00 $225.00 $1,620.00 $2,670.00 Fire Station 1 14800 Scenic Heights Road 20,000 $600.00 $150.00 $112.50 $540.00 $1,402.50 Fire Station 2 12100 Sunnybrook Road 9,000 $450.00 $112.50 $112.50 $540.00 $1.215.00 Fire Station 3 7350 Eden Prairie Road 9,000 $450.00 $112.50 $1I2.50 $540.00 $1,215.00 Fire Station S 11800 Technology Drive 8.800 $450.00 $112.50 $I12.50 $540.00 $1,215.00 Municipal Liquor 2 8018 Den Road 36,000 _ $450.00 S150.00 $112.50 $540.00 S1,252.50 Subtotal S5,400.00 $1,800.00 S1,425.00 59,180.00 517,805.00 Parks&Rec. _ Community Center 16700 Valley View Road 354,000 $900.00 $375.00 $225.00 $2,160.00 $3,660.00 Crestview Park Shelter 4,000 $600.00 $112.50 $112_50 S720.00 $1,545.00 Senior Center 8950 Eden Prairie Road 16.800 S525.00 $112.50 $112.50 $360.00 $1,110.00 Outdoor Center 13765 Staring Lake Parkway 4.000 $225.00 $112.50 $112.50 $360.00 $810.00 Edenvale Shelter 7300 Edenvale Blvd. $225.00 $112.50 $112.50 $360.00 $810.00 Forest Hills Shelter 13708 Holly Road $225.00 ` S112.50 $112.50 $360.00 $810.00 Homeward Hills Shelter 12000 Silvenvood Drive 7,424 S225.00 $112.50 S112.50 $360.00 $810.00 Miller Park Shelter 4.000 $225.00 $112.50 SI 12.50 S360.00 $810.00- Miller Baseball Shelter 4,000 $225.00 $112.50 S112.50 $360.00 $810.00 Nesbitt Preserve 8641 Center Way $225.00 $112.50 $112.50 $360.00 $810.00 Prairie View Shelter 17255 Pcterborg Road $225.00 $112.50 S112.50 $360.00 $810.00 Round Lake Shelter 7550 Construction Ave. 4.000 $225.00 $112.50 $112.50 S360.00 $810.00 Staring Lake Shelter 14800 Pioneer Trail 3,000 $225.00 $112.50 $11250 $360.00 $810.00 Cummins-Grip Home $1050.00 $337.50 $112.50 $540.00 $2,040.00 Subtotal S5,325.00 $2,062.50 51,687.50 S7,380.00 S16,455.00 TOTAL S10,725.00 $3,862.50 S3,112.50 S16,560.00 S34,260.00 2005 BUILDING SURVEY-EPI FEE SCHEDULE THE CITY OF EDEN PRAIRIE JUNE 9,2004 Building Address Sq.Ft. Envelope Survey Roof Survey Parking HVAC Survey Total Etc.Survey Administration City Center 8080 Mitchell Road 230,000 S675.00 $281.25 $168.75 $1,620,00 $2,745.00 Water Plant 14100 Technology Drive 222.000 $675.00 $281.25 $168.75 $1,620.00 $2,745.00 Utilities Garage 7845 Mitchell Road 9.534 S450.00 S140.75 $140.75 $405.00 $1,136.50 Public Works 15150 Technology Drive 88.000 $450.00 $168.75 S168.75 $1,215,00 $2,002.50 Fire Station I 14800 Scenic Heights Road 20.000 5450.00 5112.50 S84.50 $405.00 S1,052.00 Fire Station 2 12100 Sunnybrook Road 9.000 $337.50 $84.50 $84.50 $405.00 $911.50 Fire Station 3 7350 Eden Prairie Road 9.000 $337.50 $84.50 $84.50 S405.00 $9I 1.50 Fire Station 5 11800 Technology Dnve 8.800 S337.50 $84.50 $84.50 S405.00 S911.50 Municipal Liquor 2 8018 Den Road 36,000 $337.50 S112.50 $84.50 S405.00 $939.50 Subtotal 54,050.00 S1,350.00 51,069.00 56885.00 S13,355.00 Parks&Rec. Community Center 16700 Valley View ROAD I 354.000 $675.00 $281.25 $168.75 51,620.00 $2,745.00 Crestview Park Shelter 4.000 $168.75 $84.50 $84.50 S270.00 607.75 Senior Center 8950 Eden Prairie Road 16.800 $450.00 $84.50 $84.50 $540.00 $1,159.00 Outdoor Center , 13765 Sienna Lake Parkway 4,000 $393.75 $84.50 $84.50 5270.00 S832.75 Edenvale Shelter 7300 Edenvalc Blvd. $168.75 $84.50 $84.50 $270.00 S607.75 Forest Hills Shelter 13708 Holly Road S168.75 $84.50 $84.50 $270.00 $607.75 Homeward Hills Shelter 12000 Silverwood Drive 7,424 $168.75 $84.50 $84.50 $270.00 S607.75 Miller Park Shelter 4.000 $168.75 $84.50 $84.50 $270.00 $607.75 Miller Baseball Shelter 4,000 S168.75 $84.50 $84.50 S270.00 S607.75 Nesbitt Preserve 8641 Center Way S168.75 $84.50 $84.50 $270.00 $607.75 Prairie View Shelter 17255PeterboraRoad $168.75 $84.50 $84,50 $270.00 $607.75 Round Lake Shelter 7550 Construction Ave. 4,000 $168.75 i $84.50 $84.50 $270.00 S607.75 Staring Lake Shelter 14800 Pioneer Trail 3.000 $168.75 $84.50 $84.50 $270.00 S607.75 Cummins-Grill Home $787.50 $253.00 $84.50 S405.00 $1,530.00 Subtotal 53,993.75 S1,548 25 SI 267.25 S5,535.00 S12,344.25 TOTAL $8,043.75 52,898.75 $2,336.75 S12,420.00 S25,699.25 2006 BUILDING SURVEY-EN FEE SCHEDULE THE CITY OF EDEN PRAIRIE JUNE 9,2004 Building Address I Sq.Ft. Envelope Survey Roof Survey Parking EVAC Survey Total 1 Etc.Survey Administration 4 City Center 8080 Mitchell Road 730.000 $675.00 $281.25 $168.75 $1.620.00 $2,745.00 Water Plant 14100 Technology Drive 222,000 $675.00 $281.25 $168.75 $1,620.00 $2,745.00 Utilities Garage 7845 Mitchell Road 9.534 $450.00 $140.75 $140.75 $405.00 $1,136.50 Public Works 15150 Technology Drive 88.000 $450.00 $168.75 $168.75 $1,215.00 $2,002.50 Fire Station 1 14800 Scenic Heights Road 20,000 S450.00 $112.50 $84.50 $405.00 $1.052.00 Fire Station 2 I2100 Sunnybrook Road 9.000 $337.50 $84.50 $84.50 $405.00 $911.50 Fire Station 3 7350 Eden Prairie Road 9.000 $337.50 $84.50 $84.50 $405.00 $911.50 Fire Station 5 11800 Technology Dnve 8,800 $337.50 $84.50 $84.50 $405.00 $911.50 Municipal Liquor2 8018 Den Road 36.000 $337.50 $112.50 $84.50 $405.00 $939.50 Subtotal S4,0S0.00 51,350.00 S1,069.00 S6885.00 513,355.00 Parks&Rec. Community Center 16700 Valley View ROAD 354.000 $675.00 $281.25 $168.75 $1.620.00 $2,745.00 Crestview Park Shelter 4.000 $168.75 $84.50 $84.50 $270.00 607.75 Senior Center 8950 Eden Prairie Road 16.800 $450.00 $84.50 $84.50 1 $540.00 $1,159.00 Outdoor Center 13765 Staring Lake Parkway 4.000 $393.75 $84.50 $84.50 $270.00 $832.75 Edenvale Shelter 7300 Edenvalc Blvd. $168.75 $84.50 $84.50 $270.00 $607.75 Forest Hills Shelter 13708 Holly Road SI68.75 $84.50 $84.50 $270.00 $607.75 Homeward Hills Shelter 12000 Silvenvood Drive 7.424 $168.75 $84.50 $84.50 $270.00 $607.75 Miller Park Shelter 4.000 S168.75 $84.50 $84.50 $270.00 $607.75 Miller Baseball Shelter 4.000 $168.75 $84.50 $84.50 $270.00 $607.75 Nesbitt Preserve 8641 Center Way $168.75 $84.50 $84.50 $270.00 $607.75 Prairie View Shelter 17255 Peterborg Road $168.75 $84.50 $84.50 $270.00 $607.75 Round Lake Shelter 7550 Construction Ave. 4.000 $168.75 $84.50 $84.50 $270.00 $607.75 Staring Lake Shelter 14800 Pioneer Trail 3.000 $168.75 $84.50 $84.50 $270.00 $607.75 Cummins-Grill Home $787.50 $253.00 $84.50 $405.00 $1,530.00 Subtotal S3,993.75 S1,548.25 51.267.25 55,535.00 S12,344.25 TOTAL $8,043.75 52,898.75 $2,336.75 S12,420.00 S25,699.25 AGREEMENT THIS AGREEMENT is made and executed the 21st day of September, 2004, by and between the City of Eden Prairie , hereinafter referred to as the "Owner", and Environmental Process, Inc. (EPI), hereinafter referred to as the "Consultant", WITNESSETH; Owner and Consultant, for the consideration hereinafter stated, agree as follows: 1. Consultant's Duties: The Consultant shall provide the services specified in the Consultant's Proposal (hereinafter the Proposal) dated June 9, 20004 and shall do everything required by this Agreement and the Proposal. Consultant shall fully and satisfactorily comply with the conditions of the Proposal and complete the work contemplated by this Agreement in accordance with the Proposal. 2. Price: Owner agrees to pay the Consultant a fee not to exceed the sum of $34,260.00 in 2004, $25,699.25 in 2005 and $25,699.25 in 2006 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement. 3. Payment: Payments to the Consultant by the Owner shall be made as provided in the Proposal. 4. Contract Documents: The Proposal consists of the Proposal dated June 9, 2004 and is hereby incorporated with this Agreement and is as much a part of this Agreement as if fully set forth herein. This Agreement and the Proposal are the Contract. In the event of any conflict between the documents comprising the Proposal and this Agreement, this Agreement shall govern. 5. Completion: The Consultant shall complete all services within one hundred twenty (120) days of the NOTICE TO PROCEED in accordance with the terms and conditions set forth in the Proposal. 6. Conflicts: No salaried officer or employee of the Owner and no officer of the Owner shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Applicable federal and state regulations and statutes shall not be violated. 7. Claims: To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 8. Data Practices Act: The Contractor shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. § 1301, et seq., to the extent that the Act is applicable to data and documents in the hands of the Contractor. 9. Audits: The books, records, documents, and accounting procedures and practices of the Contractor or other parties relevant to this agreement are subject to examination by the Owner and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. 10. Income Tax Withholding: No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the Owner that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 11. Worker's Compensation: Contractor represents and warrants that it has and will maintain during the performance of this agreement worker's compensation insurance coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation insurance coverage provided to the Owner prior to execution of this agreement is current and in force and effect. 12. Discrimination: In performance of this contract, the Contractor shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Contractor, any subcontractor of the Contractor, or any applicant for employment. The Contractor shall include a similar provision in all contracts with subcontractors to this contract. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. § 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Conflicts: No salaried officer or employee of the Owner and no officer of the Owner shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 14. Claims: To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 15. Contractor's Prompt Payment of Subcontractors: The Contractor shall pay to any subcontractor within ten (10) days of the Contractor's receipt of payment from the Owner for undisputed services provided by the subcontractor. The Contractor shall pay interest of one and a half percent(1 %2%)per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual amount due to the subcontractor. 16. Prevailing Wage. Not applicable. 17. Counterparts: This Agreement may be executed in multiple counterparts each of which shall be considered an original. 18. Whole Agreement: This Agreement and the Contract Documents constitute the final and complete agreement of the parties and shall supersede and replace any prior oral or written agreements between Owner and Contractor. Any subsequent modification must be in writing signed by both parties. 19. Governing Law:This Agreement shall be governed and construed under the laws of the State of Minnesota and the parties agree that any actions arising out of or related to this agreement shall be yenned in the State of Minnesota,Hennepin County District Court. IN WITNESS WHEREOF,the parties to this Agreement have hereunto set their hands as of the date set forth above. CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens,Its Mayor By Scott Neal,Its City Manager ENVIRONMENTAL PROCESS,INC. By Charles A.Lane,Its Executive Vice President ep\general\Consulting Contact CITY COUNCIL AGENDA DATE: SECTION: Consent September 21,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.E. Leslie Stovring Approve Agreement with Hamline Public Works/Environmental University to Develop Curriculum and Services Implement Distribution of the Big Foot CD-Rom,I.C. 02-5578 Requested Action Move to: Approve agreement with Hamlin University's Center for Global Environmental Education to Develop Curriculum and Implement Distribution of the Big Foot CD-Rom for the amount of$21,615. Synopsis A Municipal Waste Abatement Incentive Fund Grant Agreement was submitted to Hennepin County on March 10,2004, for implementing a distribution,training and curriculum plan for the educational cd-rom "Big Foot." The attached Proposal is to establish an agreement with Hamline University on a payment schedule for the finished product. Background The total project cost for Phase 2 is$24,995. The grant included $21,615 that will cover the entire cost of Hamline University's agreement. The remaining amount, $3,340,will be used for salary costs as well as printing and mailing of Workshop materials. No matching funds were required as the grant request was less than $25,000. Phase 1 included development and production of the Big Foot cd-rom. Phase 2 includes development of an Activity Guide and Student Worksheets. Subjects that will be covered include recycling, composting,water conservation, smart shopping and smart development. The grant will also be used to develop a Distribution Plan to distribute the materials to Hennepin County schools. A fee schedule will be established for sales of materials outside of Hennepin County. The grant agreement with the county limits free distribution of the materials to Hennepin County. Copies of the cd-rom and educational materials will also be available at the Environmental Learning Center for use by classes, including home school groups. A series of 10 Educator Orientation Workshops will also be offered to promote and assist in distribution of the cd-rom. The City of Eden Prairie submitted a Municipal Waste Abatement Incentive Fund Grant Application to Hennepin County after City Council approval in March 2004. The County selected the application for approval in July 2004. The City is currently negotiating an Agreement with the County which will include provisions for ownership and rights of use for the materials developed under the Agreement between the County,Hamline University and the City. Attachments Hamline Agreement C THE CENTER FOR GLOBAL ENVIRONMENTAL EDUCATION FIAMLINE26 UNIVERSITY August ,2004 Proposal Leslie Stovring Environmental Coordinator City of Eden Prairie Public Works City Center 8080 Mitchell Road Eden Prairie,MN 55344-2230 This proposal concerns work to be completed under the 2004 Waste Abatement Initiative Grant received by the City of Eden Prairie from Hennepin County.Hamline University's Center for Global Environmental Education proposes to complete the following activities for the indicated costs. DELIVERABLES AND ASSOCIATED COSTS 1. Project management,including research, administration,and miscellaneous expenses. COST: $910.00 2. Teacher Guide and Student Worksheets development that integrates the Big Foot CD ROM with State education standards that guide classroom curricula. Costs include writing, graphic design,and printing of 750 copies. COST:$15,465.00 3. Host Educator Orientation Workshops — The Big Foot CD-ROM will be introduced to educators throughout Hennepin County through eight 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 Hennepin County 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. COST: $5,240.00 TOTAL COST FOR PROJECT $21,615.00 1536 Hewitt Ave.,MS A1760,St.Paul,MN 55104•Ph:651-523-2855•jshepard@hamline.edu Signed in agreement, Center for Global Environmental Education Jofi epard Date Assistant Director For the City of Eden Prairie Mayor Date City Manager Date 1536 Hewitt Ave.,MS A1760,St.Paul,MN 55104•Ph:651-523-2855•jshepard@hamline.edu VI.F. PROCLAMATION WHEREAS,the Minnesota Women of Today and the Eden Prairie Women of Today have set aside the week of September 19 to recognize the many community activities of dedicated Women of Today members across the state;and WHEREAS,the Minnesota Women of Today is an organization of over 2,200 women in over 120 communities across the state;and WHEREAS,the Minnesota Women of Today and the Eden Prairie Women of Today are dedicated to actively promoting such public awareness and service programs as: domestic violence,people with developmental challenges,March of Dimes,kidney disease,Girl Scouts, Eden Prairie Fire Department,Eden Prairie Foundation,holiday cards for seniors,blankets for children's hospitals,Round Lake Park Hometown 4th of July Celebration,election judging and so many more state and local organizations and programs;and WHEREAS,the Minnesota Women of Today and the Eden Prairie Women of Today provide personal enrichment and leadership training;and WHEREAS,the Women of Today believe that"Through Us Great Lessons Can Be Learned.,Worthy Deeds Performed,and a Hand of Fellowship Extended to Millions of Women Everywhere." NOW THEREFORE,I,Nancy Tyra-Lukens,the Mayor of the City of Eden Prairie, Minnesota,do hereby proclaim September 19 through September 25,2004 to be MINNESOTA WOMEN OF TODAY WEEK in the City of Eden Prairie,Minnesota Nancy Tyra-Lukens,Mayor on behalf of Councilmembers: Sherry Butcher Ron Case Jan Mosman Philip Young • f CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 21,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: George Esbensen, Fire Chief Short-term lease for disaster drill at c'y AMC Cinema at Eden Prairie Center Requested Action Move to: Approve short term lease with AMC Theatres for disaster drill at Eden Prairie Center Theatres. Synopsis This is a zero cost lease and is in place to transfer any possible liability from the AMC to the City of Eden Prairie during the time of the drill. The lease is for the hours of 6:00 a.m. to 10:00 a.m. on October 3, 2004. Attachments Lease Agreement THEATRE PREMISES LEASE This Premises Lease(the"Lease") is made and entered into as of the day of September,2004,by and between American Multi-Cinema,Inc., a Missouri corporation ("AMC"), and the City of Eden Prairie,Minnesota("Eden Prairie"). AMC and Eden Prairie wish to enter this Lease under which AMC leases to Eden Prairie the theatre premises(the "Theatre Premises") as AMC designates on certain real property located at 400 Flying Cloud Drive,Eden Prairie, MN 55344, commonly known as AMC Theatres Eden Prairie 18, subject to any existing easements, right-of-ways, covenants,reservations and restrictions of record(the"Total Premises")for the purpose of conducting an emergency preparedness training exercise. Therefore, in consideration of the foregoing and for other good and valuable considerations,the receipt and sufficiency of which are acknowledged by each party,the parties agree as follows: 1. Leased Premises. AMC leases to Eden Prairie, on a non-exclusive basis, the Theatre Premises and such other portions of the Total Premises that are necessary or appropriate for conducting the training exercise(collectively, the "Leased Premises"), and Eden Prairie leases from AMC the Leased Premises, for the purpose of conducting an emergency preparedness training exercise, each upon the conditions, agreements and covenants set forth in this Lease. AMC reserves the right in its sole discretion to rent, lease or otherwise use any or all of the Total Premises other than the public portions of the building needed for the training exercise. Neither Eden Prairie nor its agents or affiliates shall have access to management offices or the theatre vault room. 2. Term; Early Termination. This Lease will commence at 6:00 a.m. on Sunday, October 3,2004,and will expire at 10:00 a.m. on that same day,unless earlier terminated as otherwise provided in this Lease. 3. Rent. There will be no rent or security deposit charged for the Premises during the Term_ 4. Bindine,Effect; Subleases-Assignments. This Lease is binding upon, and will inure to the benefit of,the parties and their respective successors and permitted assigns. AMC may assign its interest under this Lease in its sole discretion. Eden Prairie may not assign its interest under this Lease or allow any person or entity other than its employees, agents, affiliated entities or contractors to use the Leased Premises. 5. Use of Premises. Eden Prairie must use the Leased Premises solely for conducting the training exercise utilizing employees,agents, affiliated entities and contractors and for no other purpose and subject to the following: (a) No Alterations of the Leased Premises. Eden Prairie must not erect or cause to be erected any building or other structure,works,pavements, barricades or other personal property of a permanent or temporary nature on.the Leased Premises, or otherwise alter the Leased Premises. 9/15/2004 (b) Observance of AMC's Rules and Regulations. Eden Prairie must reasonably cooperate with AMC in its use of the Leased Premises and must comply, and cause its agents, employees, affiliated entities and contractors to comply, with all reasonable rules and regulations that AMC promulgates. 6. Compliance with Laws. Eden Prairie will not use or occupy the Leased Premises or permit the Leased Premises to be used or occupied by any person or entity under its control in violation of any applicable laws, regulations, ordinances or requirements of the federal, state or municipal governments or any other governmental authorities, public or quasi-public, having jurisdiction with respect to the Leased Premises. 7. Condition of Premises. Eden Prairie recognizes that AMC will operate the Total Premises in their present AS IS condition. AMC makes no warranty or representation whatsoever concerning the condition of the Leased Premises nor their suitability for Eden Prairie's use, including without limitation the compliance of the Leased Premises with applicable law. 8. Non-liability of AMC for Damages; Liability Insurance. This Lease is made upon the express condition that AMC is to be free from all liability and claims for damages or loss by reason of any injury to any person or persons, including, without limitation,Eden Prairie and any of its agents, employees, affiliated entities or contractors thereof, or to property of any kind whatsoever and to whomsoever belonging, from any cause or causes whatsoever in, upon or in any way connected with the Total Premises during the term of this Lease or Eden Prairie's occupancy under this Lease. Eden Prairie will defend and hold harmless AMC from all liability, loss, costs and expenses on account of or arising out of(i) any breach of any provision of this Lease by Eden Prairie or for which Eden Prairie is responsible and (ii) any injuries, deaths or losses if occurring on or about the Total Premises as a result of Eden Prairie's use of the Leased Premises. Eden Prairie will at alI times during the term of this Lease, at its own cost and expense,maintain and keep in force with an insurance company reasonably acceptable to AMC and authorized to transact business in Minnesota, naming both AMC and Ede:a. Prairie as insureds thereunder, in form reasonably acceptable to AMC covering Eden Prairie's use and occupancy of the Leased Premises: (a) general public liability and property damage insurance with coverage in an amount not less than $2,000,000 for injury to or death of one or more persons or property arising out of any one occurrence, and with an aggregate limit of not less than $5,000,000, (b) workers' compensation insurance with coverage in an amount equal to the greater of the statutory limit and $1,000,000, and (c) automobile(including hired and non-owned) liability insurance with coverage equal to at least $1,000,000. 2 9/15/2004 Each of these policies must contain an endorsement to the effect that the insurer will not cancel it without at least 30 days prior written notice to AMC. Eden Prairie will deliver to AMC a certificate of this insurance before the commencement of the term of this Lease. 9. Security Measures. AMC is not responsible for guard service or other security measures. Eden.Prairie will be solely responsible for the determination and. implementation of all security measures it deems to be advisable or necessary for the Leased Premises. AMC will not be responsible for any injury (including death)to persons or damage to property resulting from any acts of third persons on or about the Leased Premises. 10. Breach; Notice and Cure; Termination and Other Rights. If Eden Prairie fails to comply with this Lease,AMC may by written notice to Eden Prairie terminate this Lease while reserving any other rights it may have at law or in equity, including obtaining possession of the Leased Premises. 11. General Provisions. (a) Severability. If a court of competent jurisdiction holds any part of this Lease to be illegal, the validity of the remaining portion will not be affected thereby. (b) Entire Lease. This Lease constitutes the entire agreement of the patties concerning its subject matter and supersedes all prior written and oral agreements and understandings and any contemporaneous discussions relating to this subject matter. (c) Governing Law. This Lease will be construed in accordance with, and governed by,Missouri law as it applies to contracts entered into and performed wholly within Missouri, without regard to conflicts of law principles. (d) Counterparts. This Lease may be executed at different times and in any number of originals or counterparts, each of which will be deemed to be an original, but all of which together will constitute only one instrument. (e) Survival. All provisions of this Lease that by their terms provide for or contemplate obligations or duties of a party which are to extend beyond the term or termination of this Lease (and the corresponding rights of the other party to enforce or receive the benefit of such obligations or duties),will survive the end of the term or termination of this Lease. 3 9/15/2004 The parties have caused this Lease to be executed by themselves or by their duly authorized officers or personnel,effective the day and year first written above. CITY OF EDEN PRAIRIE,MN AMERICAN MULTI-CINEMA,INC. By: By: Name: Name: Title: Title: By: Name: Title: • 9/152004 4 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing September 21,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.A. Engineering Services/ Vacation of Right-of-Way and Easements in Gray Dave Olson Fox Bluff,Vacation 04-09 Requested Action Move to: • Close the public hearing; and • Adopt the Resolution vacating the right-of-way and easements as described over Lot 1,Block 1, Gray Fox Bluff. Synopsis The Property owner has requested this vacation to enable replatting the property to Edenvale Highlands, approved by the Council on August 17, 2004. The requested vacation will remove underlying encumbrances consisting of right-of way for an Alpine Trail turnaround and conflicting roadway and drainage/utility easements. Replacement right-of-way and easements have been dedicated on the new plat. Attachments Resolution Vacation Drawings CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2004- VACATION OF RIGHT-OF-WAY AND EASEMENTS IN GRAY FOX BLUFF VACATION 04-09 WHEREAS,the City of Eden Prairie has a certain Right-of-Way, Street Easement and Drainage and Utility Easement described as follows: RIGHT-OF-WAY: That portion of Alpine Trail located in the West Half of the Southwest Quarter of Section 4, Township 116, Range 22, lying South of the Milwaukee Railroad described as follows: Said Alpine Trail Right-of-Way lies within the circumference of a circle having a radius of 50.00 feet. The center of said circle is at a point on the West line of said West Half of the Southwest Quarter of Section 4 distant 816.15 feet north from the Southwest corner of said West Half of the Southwest Quarter. STREET EASEMENT: The easement for public roadway purposes, as described in document number 3707119, over, under and across that part of Lot 1, Block 1, Gray Fox Bluff,Hennepin County,Minnesota,described as follows: Commencing at the Northwest corner of said Lot 1, thence on an assumed bearing of South 2 degrees 50 minutes 52 seconds West, along the West line of said Lot 1, a distance of 244.11 feet,to the point of beginning of the easement to be described;thence continuing South 2 degrees 50 minutes 52 seconds West along said West line, a distance of 150.00 feet;thence South 87 degrees 09 minutes 08 seconds East a distance of 123.00 feet; thence North 2 degrees 50 minutes 52 seconds East a distance of 150.00 feet; thence North 87 degrees 09 minutes 08 seconds West a distance of 123.00 feet, to the point of beginning. DRAINAGE AND UTILITY EASEMENT: That portion of the Drainage and Utility Easement located in Lot 1, Block 1, Gray Fox Bluff, Hennepin County, Minnesota, described as follows: That part of the drainage and utility easement in said Lot 1 lying east of the west 10.00 feet of said Lot 1 and within the circumference of a circle having a radius of 60.00 feet. The center of said circle is at a point on the West line of said Lot 1 and its northerly extension distant 403.18 feet north from the Southwest corner of said Lot 1. WHEREAS, a public hearing was held on September 21, 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 Right-of-Way, Street Easement and Drainage and Utility Easement 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 Right-of-Way, Street Easement and Drainage and Utility Easement 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 September 21, 2004. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk • •n• $ . •2 . • y ..N\ 4. i•>lVia •u V3:', a • • .,-, {j tO IV Pi ,. , e k. 4 :- -••:\ • (CI q Gs ^,pio,•1.L j !?S V 1 L• 14 �• L' Id ,• w�,{y .7-' ::=°12 r •,•'d •;r nz'.:1• ^ j ' .,_al e...x. Q.V.' �•:) TIU't• b:4. /'� f. Mls W jf 1>wW 'par a2 .ts > nbY . VI .—a" Cc� el" { ' „' ••••1111� "' .CGfC .11 T a ..i.rrjt,_e....�Lwi-' .,x..I,sc Ur% • 1n .a "1' `�" g'•;�7 y\, ) __ 1.. _.�..J .- 4r. t "`,,,, n:°;:a:t1.4::....i4:S a wc.u.x' +lwtry�"''iz,.. k<{c:,9 1 ":, y� \ p �i> �$ v ' s 7....‘ M en v �� t ? 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A i _ o., J 1 g rr ' "t �xaoxna i _ _r p ,a,,...! za...41.,-,..i. 1, ;04 ,,‘ „„, I.V" ♦ O < i s$ it a { c 1 .ex ;ill •, ' xy§ Ai k J s Ifei }E C? $+ 5 i Xy .y 33 ki, {"� i 1 I s a i 3 rt?_'v�R i d �'z''' .23 elarile a`rr.X E Z. 55 g- 15 i 1! i { h11.1i ° w.tw.. x r. lI w F u a gg1 K`• '4 < 66 ..s11 .b 14 i ;4 I li•:.ig '+ $^ lax'"a I r,, i le ` i iz. 1 1.1 b fly �'t III rq1=� .f '-1. ri' �CiE01 p ,.p.io. 1.93 5 Y:a b 3C fY , 4 1 I •!tit!. i '• �� I� ` Ly t 9vr. 2 4,, Ca 5., r C • ( .i '$ 1Ii Y AF5 Fa112 IVA w4SQ1: wr• i .t = r5-u1 1 - S _ -a li3a iI ti ppi:i RN B :_ 4racz:8 1 € ua { 1 •-,m Q .-i • ._1.at`S ta .ppa '�Gy: Imo.. 'S ? of,S3 y R 8. I t5, 5Yyi, r k $= w�a t = •. I f,b3 �'^ � 1 r11 • Isyi :r,i s 1 les El S�] ra != .. .. .a. .'`, t 3 rn1 tS2 afz.,Ck cs „<'� ex`I CITY COUNCIL AGENDA DATE: SECTION: Public Hearings September 21,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.B. Community Development/Planning ASI Jet Center Hangar Janet Jeremiah Scott Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Site Plan Review on 0.75 acres Synopsis This project is for the construction of a 32,760 sq. ft.hangar. Community Planning Board Recommendation At the August 23,2004 meeting the Community Planning Board voted 7-0 to recommend approval of the project to the City Council. Background Information In September of 1996,the City Council adopted the Flying Cloud Airport Design Framework Manual,recognizing that aircraft hangars and other facilities at the airport serve a unique function and set of design characteristics. This manual establishes parameters regarding, among other things,building materials for new development at the airport and helps to guide new construction in a cohesive aesthetic manner. The proposed hangar is in conformance with the manual. The City and MAC have entered into a Memorandum of Understanding that includes among other things,the extension of municipal sewer and water service to the airport. MAC's Capital Improvement Program shows extension of utilities in 2005. The proposed hangar includes a fire sprinkler system and floor drains that will be ready for hook-up when these services are made available. The manual recognizes that there is little opportunity to provide landscaping within an area for aircraft operations, but does recommend that some landscaping be incorporated where space permits to help create visual interest. Other opportunities may include adding trees along the outer perimeter of the airport where previous landscaped trees installed by MAC have died. This should be coordinated with MAC prior to City Council review.Landscaping has been incorporated into the plans as recommended in the staff report. This project does not involve any significant issues to warrant the preparation of a Development Agreement. Attachments Resolution Staff report dated August 20,2004 ASI JET CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2004- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR ASI JET CENTER HANGAR BY ASI JET CENTER WHEREAS,ASI Jet Center has applied for Site Plan approval of ASI Jet Center Hangar on 0.75 acres for construction of a 32,760 square foot hangar located at 14801 Pioneer Trail, within the Public Zoning District; and WHEREAS,the Community Planning Board reviewed said application at a public hearing at its August 23,2004 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its September 21, 2004 meeting. NOW,THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to ASI Jet Center for the construction of the ASI Jet Center Hangar based on plans stamp dated September 13, 2004, reviewed and approved by the City Council on September 21, 2004, based on the following conditions: 1. ASI Jet Center shall connect to the municipal sewer and water system at the time these services are made availability to the property, and that any and all septic systems and wells be abandoned according to code. 2. All future signs for the property shall be internally illuminated, meet the Flying Cloud Airport Design Framework Manual and City Code. ADOPTED by the City Council of the City of Eden Prairie this 21st day of September, 2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk STAFF REPORT TO: Community Planning Commission FROM: Scott A.Kipp, Senior Planner THROUGH: Michael D.Franzen, City Planner DATE: August 20, 2004 SUBJECT: ASI Jet Center Hangar APPLICANT: ASI Jet Center FEE OWNER: Metropolitan Airports Commission LOCATION: West end of hangar rows along Pioneer Trail (generally lots 64A, 66A, and 66B,Flying Cloud Airport) REQUEST: 1. Site Plan Review on 0.75 acres Staff Report—ASI Jet Center Hangar August 20,2004 Page 2 BACKGROUND The Comprehensive Guide Plan identifies the Flying Cloud Airport as a Public land use. The airport is zoned Public. The Metropolitan Airports Commission (MAC) is currently reviewing the plans for the hangar. SITE PLAN The request is to construct a 32,760 sq. ft. hangar on airport property. ASI currently leases 3.55 acres of property from MAC for its current aviation business. An additional 0.46 acres will be added to fully accommodate the new hanger. The base area and floor area ratios are not restricted in the Public Zoning District. The MAC lease area does not represent lot lines, therefore, side and rear yard setbacks do not apply. The site is located over 500 feet from the front lot line(Pioneer Trail right-of-way). To accommodate the new hangar,the majority of two aged hangar rows will be demolished. The remaining portion of hangars to the north will ultimately be removed as part of a future hangar expansion. City Code does not specify a parking ratio for hangars. The hangar is best described as warehousing which would require 0.5 spaces per 1,000 sq. ft. of building, or 16 spaces. The existing parking lot for the business can accommodate 40 vehicles meeting ASI's parking needs. UTILITIES/DRAINAGE Sanitary sewer and water is currently not available to the airport along Pioneer Trail. The City and MAC have entered into a Memorandum of Understanding that includes among other things, the extension of municipal sewer and water service to the airport. MAC's Capital Improvement Program shows extension of utilities in 2005. The proposed hangar includes a fire sprinkler system and floor drains that will be ready for hook-up when these services are made available. As part of the airport expansion plans, MAC will be constructing storm water detention basins around the airport. ARCHITECTURE In September of 1996, the City Council adopted the Flying Cloud Airport Design Framework Manual, recognizing that aircraft hangars and other facilities at the airport serve a unique function and set of design characteristics. This manual establishes parameters regarding, among other things, building materials for new development at the airport and helps to guide new construction in a cohesive aesthetic manner. The proposed hangar is in conformance with the manual. Staff Report—ASI Jet Center Hangar August 20,2004 Page 3 The hangar will be constructed of metal,with 30%of the west elevation constructed in rock face block. Additional rock face block will wrap around the north and south sides. No rooftop mechanical equipment is proposed. All trash will be contained within the building. LIGHTING Wall mounted lighting units are proposed for the hangar. All site lighting shall be downcast cutoff shoebox fixtures. SIGNS No signs are proposed for the building. However, as a condition of approval for this project, any signs to be installed on the ASI site or buildings, whether ground mounted or attached to the buildings, they shall be professionally manufactured, internally illuminated, and meet the Flying Cloud Airport Design Framework Manual and City code. LANDSCAPING The manual recognizes that there is little opportunity to provide landscaping within an area for aircraft operations, but does recommend that some landscaping be incorporated where space permits to help create visual interest. Other opportunities may include adding trees along the outer perimeter of the airport where previous landscaped trees installed by MAC have died. This should be coordinated with MAC prior to City Council review. STAFF RECOMMENDATION Recommend approval of the following request: • Site Plan Review on 0.75 acres This is based on plans stamp dated August 9,2004, and the staff report dated August 20,2004, and the following conditions: 1. Prior to City Council review,the proponent shall revise the plans to incorporate landscaping within the site or along the outer perimeter of the airport where previous landscaped trees have died. This should be coordinated with MAC. 2. Prior to grading permit issuance,the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. Staff Report—ASI Jet Center Hangar August 20,2004 Page 4 3. Prior to building permit issuance for the property,the proponent shall: A. Provide a landscaping surety equivalent to 150%of the cost of the landscaping. B. Review the plans with the Fire Marshal C. Submit building materials and colors for review and approval. 4. All future signs for the site shall be internally illuminated, meet the Flying Cloud Airport Design Framework Manual and City code. 5. When municipal sanitary sewer and water are available to the site,the proponent shall connect to the municipal system at that time and abandon any and all septic systems and wells according to code. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings September 21,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. C. Community Development/ Best Buy Planning,Michael Franzen Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 5.59 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Office to Commercial Regional Service on 5.59 acres; and • Adopt the Resolution for Preliminary Plat on 5.59 acres into one lot and road right of way;and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions, and; • Approve and Authorize Issuance of a Grading Permit and Footing and Foundation Permit for Best Buy subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated September 21, 2004, as approved by the City Council. Synopsis This project involves a rezoning from office to Commercial Regional Service, demolition of an existing office building, and construction of a 45,000 square foot Best Buy store. Community Planning Board Recommendation This project was first reviewed at an informational meeting on August 9, 2004 to discuss the merits of rezoning the property to office. The Community Planning Board was comfortable with the zoning change based on a set of development criteria to make the project consistent with recent commercial projects such as Fountain Place and Southwest Station. The project was reviewed at a public hearing on August 23, 2004. The board directed the developer to revise the plans to reduce the amount of sign area on the building. At the September 13,2004 meeting the board voted 7-0 to recommend approval of the project with a sign waiver from 300 square feet to 497 square feet for the side facing Highway 212. Wall signs are smaller on some elevations in order to create the larger sign. This is a similar to a waiver granted to Target. Attachments • Resolution for PUD Concept • Resolution for Preliminary Plat • Staff Reports dated August 9th,August 20th, and September 10th BEST BUY RETAIL STORE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2004- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF BEST BUY RETAIL STORE FOR BEST BUY WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City;and WHEREAS, the Community Planning Board did conduct a public hearing on September 13,2004, on Best Buy Retail Store by Best Buy and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on September 21,2004. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota,as follows: 1. Best Buy Retail Store,being in Hennepin County,Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated September 21,2004. 3. That the PUD Concept meets the recommendations of the Community Planning Board September 13,2004. ADOPTED by the City Council of the City of Eden Prairie this 21st day of September, 2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta,City Clerk EXHIBIT A PUD Concept-Best Buy Retail Store Legal Description: Lots 1,2 and 3,Block 1,Leona Addition AND That part of Lots 1 and 2 of Auditor's Subdivision No. 335, lying southwesterly of U.S. Interstate Highway No.494 (per Doc.No. 3677302) and southeasterly and easterly of State Highway Nos. 212 and 169 (per Doc.No. 3677302) and(Torrens Doc.No. 888473)more particularly described as: Beginning at the southwest corner of said Lot 1 and running thence on an assumed bearing of East and along the south line thereof a distance of 761.92 feet to its intersection with the southerly boundary of Interstate No.494;thence North 64 degrees 48 minutes 29 seconds West and along said southerly boundary a distance of 65.85 feet;thence continuing along said southerly boundary and along a curve to the left having a chord bearing of North 74 degrees 07 minutes 20 seconds West and a central angle of 20 degrees 19 minutes,and a radius of 2446.48 feet, on an arc distance of 867.50 feet;thence on a tangent to said curve bearing North 84 degrees 16 minutes 50 seconds West and continuing along said southerly boundary, a distance of 124.60 feet;thence South 19 degrees 18 minutes 33 seconds West and along the easterly boundary of Trunk Highway 169 a distance of 236.57 feet;thence South 01 degrees 02 minutes West a distance of 55.17 feet to a point on the south line of Lot 2 of said Auditor's Subdivision No. 335, being also the most northwesterly corner of Lot 2 of the plat of LEONA ADDITION; thence east along said south line a distance of 330 feet more or less to the southeast corner of said Lot 2 and the southwest corner of Lot 1 and being the point of beginning, all of which land is situate in Hennepin County,Minnesota. EXCEPT That part of Lot 1,Auditor's Subdivision Number 335,Hennepin County Minnesota, lying Southeasterly, Southwesterly and Westerly of the following described line: Beginning at a point on the South line of said Lot 1, said point being North 90 degrees 00 minutes 00 seconds East, assumed bearing, 300.36 feet from the Southwest corner of said Lot 1;thence North 43 degrees 42 minutes 37 seconds East 62.10 feet;thence South 46 degrees 17 minutes 23 seconds East 57.73 feet;thence South 00 degrees 00 minutes 00 seconds East 5.00 feet to a point on the South line of said Lot 1 and said line there terminating. AND EXCEPT That part of Lot 1,AUDITOR'S SUBDIVISION NUMBER 335,Hennepin County,Minnesota, lying Southwesterly of U.S.Interstate Highway Number 494 (per Document No. 3677302) and lying Easterly of a line described as: Beginning at a point on the South line of said Lot 1, and said point being North 90 degrees 00 minutes 00 seconds East, assumed bearing, 300.36 feet from the Southwest corner of said Lot 1;thence North 43 degrees 42 minutes 37 seconds East 193.50 feet to a point on the South line of said Interstate Highway Number 494 and said line there terminating, and also lying Easterly of a line described as: Commencing at a point on the South line of said Lot 1, said point being North 90 degrees 00 minutes 00 seconds East assumed bearing 300.36 feet from the Southwest corner of said Lot 1;thence North 43 degrees 42 minutes 37 seconds East 62.10 feet to the point of beginning of the line to be described;thence South 46 degrees 17 minutes 23 seconds East 57.73 feet;thence South 00 degrees 00 minutes 00 seconds East 5.00 feet to a point on the South line of said Lot 1 and said line there terminating. BEST BUY RETAIL STORE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2004- RESOLUTION APPROVING THE PRELIMINARY PLAT OF BEST BUY RETAIL STORE FOR BEST BUY BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Best Buy Retail Store for Best Buy stamp dated September 21,2004, and consisting of 5.39 acres into one lots,a copy of which is on file at the City Hall,is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances,and amendments thereto,and is herein approved. ADOPTED by the Eden Prairie City Council on the 21st day of September,2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta, City Clerk STAFF REPORT TO: Community Planning Board FROM: Michael D. Franzen,City Planner DATE: August 6, 2004 SUBJECT: Best Buy Retail Store—Informational Meeting APPLICANT/ Best Buy OWNER: 7901 Property L.P. a Minnesota Limited Partnership LOCATION: 7901 Flying Cloud Drive Staff Report—Best Buy Retail Store-Informational Meeting August 9,2004 PURPOSE The purpose of the informational meeting is for: 1. The developer to present the proposed concept plan. 2. The developer, the Community Planning Board, and staff to hear comments from area residents on the proposal. 3. To identify issues for the developer and staff to address in detailed plans prior to returning for a public hearing. DEVELOPMENT PROPOSAL Best Buy would like the Board to consider a change in zoning from Office to Commercial Regional Service in order to build a retail store at the corner of Leona Road and Flying Cloud Drive. EXISTING GUIDE PLAN There is no vacant land guided Regional Commercial. The proposed Best Buy site is guided Regional Commercial and is zoned Office.There is an existing office building on the site.Regional Commercial guiding permits office use. SITE PLAN The site plan shows a proposed 45,000 square foot building meeting parking and setback requirements.The planning issues for this site are architecture,loading in a front yard, and traffic. ARCHITECTURE The proposed"Big Box"retail is typical of suburban commercial development and can provide products and services not currently available in the community. There are other types of retail that can also work on this site. One example is the main street retail or Shoppes at Arbor Lakes in Maple Grove,with a collection of small and medium size retail tenants,with a pedestrian emphasis and human scale architecture. Is it possible to modify the proposed retail plan to create the same sense of place;the image,the pedestrian sensitivity, and human scale architecture found with smaller scale retail? The staff believes that it is possible and recommends the following changes to the building architecture and site plan. 1. Create front door architecture all sides of the"Big Box"building. 2 Staff Report—Best Buy Retail Store-Informational Meeting August 9,2004 2. Create architectural diversity through varying the placement of windows, parapets, and other architectural features. Diversity shall be appropriate in scale to the size of the building and the surrounding area. 3. Use similar materials and colors of the commercial buildings to the south and east. 4. Building facades shall include design elements that enhance pedestrian movement. There should be a 30-foot sidewalk area with plantings across the front side of the buildings. 5. Building design shall avoid a square box building footprint. 6. Use decorative pilasters, moldings, cornices, arches, arched windows, natural stone and other façade treatments to visually reduce the scale of the building. 7. Building entrances shall be designed to give a human scale for pedestrian interest. 8. Landscaping should be provided at the foot of the building to soften the transition between paved areas on the ground plane and building materials on the vertical plane. 9. Make road improvements as identified in the future traffic study. 10. Provide a drop off area for customers. 11.There are two possible approaches that may provide a valid reason for granting the waiver.One approach is to put the loading area under the building. The second approach would be to completely enclose the loading area similar to Cub Foods. 12. Provide a protected sidewalk connection from the building to the sidewalk on Leona road. 13.Provide a right turn lane along Leona Road. LOADING IN THE FRONT YARD Loading is not permitted in a front yard.A planned unit development waiver is required This waiver should not be granted based upon the plan as proposed since it does not effectively screen the loading area. The site has three street frontages.Due to the shape of the property it is not possible to modify the plan so that loading is in the rear yard.The loading area includes the dock, berth and the maneuvering area. 3 Staff Report—Best Buy Retail Store-Informational Meeting August 9,2004 There are two possible approaches that may provide a valid reason for granting the waiver. One approach is to put the loading area under the building.The second approach would be to completely enclose the loading area similar to Cub Foods. TRAFFIC STUDY The City has commissioned a traffic study,however the results of this study will not be known for approximately two more weeks. SUMMARY Rezoning to Commercial Regional Service and planned unit development waivers should be granted only when the proposed plan is consistent with objectives of the City. These objectives would be the appropriateness of the use,high quality buildings and architectural detail, appropriate mitigation for project impacts, and road improvements based on a traffic study. Commercial can be an appropriate use for this site if the project is revised according to the criteria listed in the site plan section of the staff report. The Community Planning Board should discuss the following questions. 1. Should the land remain zoned Office or changed to Commercial Regional Service? 2. Does the City benefit from additional retail? 3. Does the plan meet performance standards of the City? 4 STAFF REPORT TO: Community Planning Board FROM: Michael D.Franzen,City Planner DATE: August 20,2004 SUBJECT: Best Buy Retail Store APPLICANT: Best Buy OWNER: 7901 Property L.P.a Minnesota Limited Partnership LOCATION: 7901 Flying Cloud Drive REQUEST: • Planned Unit Development Concept Review on 5.39 acres • Planned Unit Development District Review with waivers on 5.39 acres • Zoning District Change from Office to Commercial Regional Service on 5.39 acres • Site Plan Review on 5.39 acres • Preliminary Plat on 5.39 acres into one lot. Staff Report—Best Buy Retail Store August 20,2004 BACKGROUND At the informational meeting the Planning Board directed the developer to modify the plans based on recommendations in the August 6,2004 staff report.The board also recommended creating a"front door"look along the public roads,a better screening solution for the loading and trash areas, and landscaping similar to Southwest Station. DEVELOPMENT PROPOSAL Best Buy would like the Board to consider a change in zoning from Office to Commercial Regional Service in order to build a retail store at the corner of Leona Road and Flying Cloud Drive. EXISTING GUIDE PLAN There is no vacant land guided Regional Commercial. The proposed Best Buy site is guided Regional Commercial and is zoned Office.There is an existing office building on the site.Regional Commercial guiding permits office, commercial and residential uses. SITE PLAN The site plan shows a proposed 45,000 square foot building meeting parking and setback requirements. PUD WAIVERS The following waivers are requested through the Planned Unit Development. 1. Loading area within the front yard. City code does not permit loading areas in a front yard. The loading area is now enclosed in the building with a roof;the trucks will not be seen from the street; and that the property,with its three frontages make it difficult to develop the site to meet this code. Staff supports this waiver. 2. Driveway access width of 37 feet. City code maximum is 30 feet. The additional width is needed for two outbound lanes based on traffic flow needs. Staff supports this waiver. 3. Front yard setback to parking of 17 along Leona Road. Code requires 35 feet. The additional right-of-way reduces the setback. The road improvements will be completed by the developer. Additional landscaping has been incorporated into the plan. Staff supports this waiver. 2 Staff Report—Best Buy Retail Store August 20,2004 4. Wall sign of 1,798 sq.ft.on the south elevation,627 sq.ft.on the west elevation,and 1,323 sq. ft. on the north elevation. Code permits up to a maximum of 300 sq. ft. per wall. There is no justification for this waiver. Compliance with the code will provide ample sign area for the scale of the building. This waiver is not supported by Staff. DRAINAGE The existing pond will be enlarged to capture the runoff from this site. LANDSCAPING The caliper inches requirement based on building square footage is 140 inches.The plan meets this requirement. Additional conifer trees and mixed annual/perennial planting beds have been incorporated into the plan. There are 509 inches of significant trees(planted trees)on the site.A total of 248 inches will be lost due to construction. The required tree replacement is 148 inches.The plan meets this requirement. ARCHITECTURE The plans have been revised according to the staff recommendations in the August 6, 2004 report. SIGNS The pylon sign and monument sign have been designed to look similar with the signs for Office Depot and Town Place Suites which are adjacent to the site. These signs however,do not meet code for size and setback. The pylon sign is 89 sq.ft.,with a base greater than 40 sq.ft. The monument sign is 112 sq.ft. Neither sign meets the required 15 foot setback from the property line. The signs will need to be revised to meet code. Code permits up to 300 sq.ft.of wall sign area for each building elevation. Proposed wall sign area ranges between 132 sq. ft. and 1,798 sq. ft. As discussed in the PUD Waiver section, there is no justification for the waiver, and the plans should be revised to meet Code. TRAFFIC STUDY The traffic study recommends 25 feet of right-of-way along Leona Road and construction of a turn lane. This is shown on the plans and will be constructed by Best Buy. The traffic study is still subject to MnDOT review and final revisions. If any additional mitigation is identified in this process, Best Buy will be responsible for implementing it. SUMMARY 3 Staff Report—Best Buy Retail Store _ August 20,2004 Rezoning to Commercial Regional Service and planned unit development waivers should be granted only when the proposed plan is consistent with objectives of the City. These objectives would be the appropriateness of the use,high quality buildings and architectural detail, appropriate mitigation for project impacts, and road improvements based on a traffic study. The Community Planning Board should discuss the following questions. 1. Should the land remain zoned Office or changed to Commercial Regional Service? 2. Does the City benefit from additional retail? 3. Does the plan meet performance standards of the City? STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept on 5.39 acres • Planned Unit District Review on 5.39 acres • Zoning District Change from Office to Commercial Regional Service 5.39 acres • Site Plan Review on 5.39 acres • Preliminary Plat of 5.39 acres into three lots and road right of way This is based on plans dated August 20,the staff reports dated August 6,2004 and August 20,and the following conditions: 1. Prior to City Council review,the proponent shall revise the plans to be consistent with the sign code. 2. Prior to release of the final plat, the proponent shall submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 3. Prior to grading permit issuance,the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. 4. Prior to building permit issuance for the property,the proponent shall: 4 Staff Report—Best Buy Retail Store August 20,2004 A. Provide a tree replacement/landscaping surety equivalent to 150% of the cost of the tree replacement/landscaping for 288 caliper inches. B. Review the plans with the Fire Marshal. C. Submit building materials and colors for review and approval. 5. The following waivers are granted as part of the PUD: A. Loading area within the front yard. B. Front yard setback to parking from 35 feet to 17 feet along Leona Road. C. Driveway access width of 37 feet. City code maximum is 30 feet. 5 STAFF REPORT TO: Community Planning Board FROM: Michael D.Franzen, City Planner DATE: September 10,2004 SUBJECT: Best Buy Retail Store APPLICANT: Best Buy OWNER: 7901 Property L.P.a Minnesota Limited Partnership LOCATION: 7901 Flying Cloud Drive REQUEST: • Planned Unit Development Concept Review on 5.39 acres • Planned Unit Development District Review with waivers on 5.39 acres • Zoning District Change from Office to Commercial Regional Service on 5.39 acres • Site Plan Review on 5.39 acres • Preliminary Plat on 5.39 acres into one lot. Staff Report—Best Buy Retail Store September 10,2004 BACKGROUND This is a continued item from the August 23,2004 meeting. The Board directed the developer and staff to look at alternative ways to meet the sign code. REVISED SIGN PLAN The sign plan has been revised to meet the permitted total sign area of 1,200 square feet. Signs are smaller on some elevations and larger on the rear elevation facing Flying Cloud Drive.This sign is 497 square feet and a PUD waiver. The trade is reasonable.This is similar to the Target waiver for wall sign. Canopies, awnings, and other blue accent colors below the signs are not included in the calculation of sign area. STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept on 5.39 acres • Planned Unit District Review on 5.39 acres • Zoning District Change from Office to Commercial Regional Service 5.39 acres • Site Plan Review on 5.39 acres • Preliminary Plat of 5.39 acres into three lots and road right of way This is based on plans dated August 20 and September 10, 2004,the staff reports dated August 6, and August 20, 2004, and September 10, 2004, and the following conditions: 1. Prior to release of the final plat, the proponent shall submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 2. Prior to grading permit issuance,the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. 3. Prior to building permit issuance for the property,the proponent shall: 2 Staff Report—Best Buy Retail Store September 10,2004 A. Provide a tree replacement/landscaping surety equivalent to 150% of the cost of the tree replacement/landscaping for 288 caliper inches. B. Review the plans with the Fire Marshal. C. Submit building materials and colors for review and approval. 4. The following waivers are granted as part of the PUD: A. Loading area within the front yard. B. Front yard setback to parking from 35 feet to 17 feet along Leona Road. C. Driveway access width of 37 feet. City code maximum is 30 feet. D. Wall sign waiver from 300 square feet to 497 square feet as shown on the plans dated September 10, 2004. 3 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims September 21, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: • Approve the Payment of Claims as submitted (roll call vote) Synopsis • Checks 133691 - 134060 • Wire Transfers 2091 -2101 Background Information Attachments City of Eden Prairie Council Check Summary 9/21/2004 Division Amount General 26,823 100 City Manager 1,000 101 Legislative 386 110 City Clerk 869 111 Customer Service 3,585 112 Human Resources 4,101 113 Communication Services 8,060 114 Benefits&Training 918 115 Risk Management 529 116 Facilities 21,399 117 City Center 69,204 130 Assessing 1,411 131 Finance 415 133 Community Development 253 135 Information Technology 43,269 136 Wireless Communication 1,209 150 Park Administration 13,147 151 Park Maintenance 28,220 152 Parks Capital Outlay 3,167 153 Athletic Programs 1,627 154 Community Center 18,596 155 Beaches 197 156 Youth Programs 8,867 158 Senior Center 570 159 Recreation Administration 63 161 Oak Point Pool 916 162 Arts 3,058 163 Outdoor Center 699 180 Police 15,457 184 Fire 16,770 185 Animal Control 355 200 Engineering 2,412 201 Street Maintenance 283,329 202 Street Lighting 884 203 Fleet Services 23,104 301 CDBG 8,973 303 Cemetary Operation 2,250 304 Senior Board 116 418 HRA 2002A Lease Revenue Bonds 1,000 502 Park Development 6,667 503 Utility Improvement 20,160 506 ImprovmentBonds 1996 380,149 509 CIP Fund 120,805 511 Construction Fund 454,005 601 Prairie Village Liquor 54,367 602 Den Road Liquor 119,320 603 Prairie View Liquor 66,698 605 Den Road Building 427 701 Water Fund 102,231 702 Sewer Fund 196,665 703 Storm Drainage Fund 26,744 803 Escrow Fund 46,300 807 Benefits Fund 251,245 Report Totals 2,462,992 City of Eden Prairie Council Check Register 099/21/2004 Check# Amount Vendor/Explanation Account Description Business Unit 2092 150 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2093 15,211 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2094 25,976 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2095 373 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2096 134,869 WELLS FARGO MINNESOTA N A Benefit payments Health and Benefits 2097 2,335 WELLS FARGO MINNESOTA N A Benefit payments Health and Benefits 2098 14,620 DELTA DENTAL PLAN OF MN Dental Health and Benefits 2099 193 PUBLIC EMPLOYEES RETIREMENT Benefit payments Health and Benefits 2100 70,647 PUBLIC EMPLOYEES RETIREMENT Benefit payments Health and Benefits 2101 10,146 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 133691 106 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 133692 104 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 133693 524 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 133694 3,765 BELLBOY CORPORATION Wine Imported Prairie View Liquor Store 133695 546 MINE WINE DISTRIBUTORS Wine Imported Prairie Village Liquor Store 133696 7,165 DAY DISTRIBUTING Beer Prairie View Liquor Store 133697 1,784 EAGLE WINE COMPANY Liquor Prairie View Liquor Store 133698 9,454 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 133699 320 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 133700 438 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 133701 10,601 GRIGGS COOPER&CO Liquor Prairie View Liquor Store 133702 854 HOHENSTEINS INC Beer Den Road Liquor Store 133703 23,909 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 133704 6,525 MARK VII Beer Den Road Liquor Store 133705 385 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 133706 4,043 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 133707 91 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 133708 10,886 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 133709 180 PINNACLE DISTRIBUTING Misc Taxable Prairie View Liquor Store 133710 2,177 PRIOR WINE COMPANY Transportation Prairie View Liquor Store 133711 13,421 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 133712 19,432 THORPE DISTRIBUTING Beer Prairie View Liquor Store 133713 402 WINE COMPANY,THE Wine Imported Prairie View Liquor Store 133714 1,498 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 133715 1,786 WORLD CLASS WINES INC Wine Imported Prairie View Liquor Store 133716 885 ANCHOR PAPER COMPANY Office Supplies General 133717 1,000 BEARPATH GOLF AND COUNTRY CLUB Other Contracted Services City Manager 133718 16 CENTERPOINT ENERGY Gas Crestwood Park 133719 300 DAKOTA COUNTY SHERIFFS DEPT Deposits Escrow 133720 154 DELEGARD TOOL CO Small Tools Fleet Services 133721 270 FACT Tuition Reimbursement/School Police 133722 20 GENZ RYAN PLUMBING&HEATING Plumbing Permits General Fund 133723 897 IND SCHOOL DIST 272 Printing Youth Programs Administration 133724 4,723 INNOVATIVE GRAPHICS Clothing&Uniforms Summer Safety Camp 133725 530 ITL PATCH COMPANY INC Operating Supplies Summer Safety Camp 133726 1,023 J H LARSON ELECTRICAL COMPANY Repair&Maint.Supplies City Hall-CAM 133727 239 KRAEMERS HARDWARE INC Repair&Maint.Supplies Water Treatment Plant 133728 11 MENARDS Repair&Maint.Supplies City Hall-CAM 133729 415 MIDWEST SIGN&SCREEN PRINTING Operating Supplies Traffic Signs 133730 5 NORBLOM PLUMBING CO. Cash Over/Short General Fund 133731 102 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 133732 27 RICHFIELD,CITY OF Operating Supplies Fleet Services 133733 470 SIMON,ANDREA Tuition Reimbursement/School In Service Training 133734 21 STAR TRIBUNE Misc Non-Taxable Prairie View Liquor Store 133735 247 STENSGAARD,STEVE Awards Horseshoes 133736 74 STOVRING,LESLIE Miscellaneous Environmental Education 133737 298 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 133738 100 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Police 133739 80 COMMISSIONER OF TRANSPORTATION Conference Expense Engineering 133740 61 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 133741 40 DEM CON LANDFILL LLC Waste Disposal Street Maintenance 133742 200 EDEN PRAIRIE CHAMBER OF COMMER Conference Expense City Council 133743 2,069 ELECTRO PLASTICS INC Other Contracted Services Park Acquisition&Development 133744 1,301 HENNEPIN COUNTY TREASURER Board of Prisoner Police 133745 237 IND SCHOOL DIST 272 Conference Expense Parks Administration 133746 146 JENKINS,BROOKE Mileage&Parking Tree Disease 133747 6,064 KMC TELECOM Telephone Telephone 133743 26 KRAEMERS HARDWARE INC Office Supplies Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 133749 1,980 LACROSSE UNLIMITED Instructor Service Athletics 133750 100 LEIZINGER,A.SUZETTE Instructor Service Outdoor Center 133751 228 MERLINS ACE HARDWARE Repair&Maint.Supplies Maintenance 133752 4,633 MIDWEST PLAYSCAPES Improvements to Land Capital Impr./Maint.Fund 133753 49 PETSMART Canine Supplies Police 133754 12 POPKO,PAUL Program Fee Classes/Programs/Events 133755 2,380 PUBLIC EMPLOYEES RETIREMENT Pension Plans Health and Benefits 133756 2,406 QWEST Telephone Riley Lake 133757 556 SCIENCE MUSEUM OF MINNESOTA Conference Expense Communication Services 133758 137 SCOTT COMPANY Operating Supplies Police 133759 66 SERAFIN,TRAVIS Tuition Reimbursement/School Police 133760 1,575 SPECIAL OPERATIONS TRAINING AS Tuition Reimbursement/School Police 133761 120 STILLMAN,MARK Other Contracted Services Classes/Programs/Events 133762 45,000 STONEGATE LLC Deposits Escrow 133763 1,000 U S BANK Paying Agent }IRA 2002A LEASE REVENUE BONDS 133764 133 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 133765 98 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 133766 429 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 133767 4,437 BELLBOY CORPORATION Operating Supplies Den Road Liquor Store 133768 576 CAT&FIDDLE BEVERAGE Wine Imported Den Road Liquor Store 133769 5,472 DAY DISTRIBUTING Beer Den Road Liquor Store 133770 1,433 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store 133771 13,461 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 133772 552 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 133773 1,396 GRAPE BEGINNINGS Wine Imported Prairie Village Liquor Store 133774 10,161 GRIGGS COOPER&CO Misc Non-Taxable Den Road Liquor Store 133775 16,110 JOHNSON BROTHERS LIQUOR CO Misc Taxable Prairie View Liquor Store 133776 175 MAAO Conference Expense Assessing 133777 13,834 MARK VII Beer Den Road Liquor Store 133778 866 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 133779 1,066 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 133780 2,141 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 133781 9,384 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store 133782 393 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store 133783 3,719 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 133784 15,125 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 133785 1,121 SPECIALTY WINES AND BEVERAGES Liquor Prairie View Liquor Store 133786 13,620 THORPE DISTRIBUTING Beer Den Road Liquor Store 133787 893 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 133788 626 WINE MERCHANTS INC Wine Imported Den Road Liquor Store 133789 952 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 133790 290 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 133791 663 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 133792 40 BESTLER,TRAUDI Other Contracted Services Cummins House Special Events 133793 300 BIOSTODEAU,DEBORAH R Other Contracted Services Cummins House Special Events 133794 40 BOLD,PAULINE Other Contracted Services Sunbonnet Days 133795 91 CLAREYS INC Safety Supplies Park Maintenance 133796 3,588 DIVERSE BUILDING MAINTENANCE Janitor Service Water Treatment Plant 133797 400 FAHEY,LARRY Other Contracted Services Sunbonnet Days 133798 300 GASCH,ROBERT Other Contracted Services Sunbonnet Days 133799 416 GE CAPITAL Other Rentals General 133801 1,071 GENUINE PARTS COMPANY Equipment Parts Fleet Services 133802 253 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 133804 2,881 HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies City Hall-CAM 133805 242 LEMPESIS,BILL Mileage&Parking Prairie View Liquor Store 133806 300 MAGUIRE,CHARLIE Other Contracted Services Sunbonnet Days 133807 1,854 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 133808 180 MN AWWA Conference Expense Water Utility-General 133809 260 MN FALL MAINTENANCE EXPO Conference Expense Engineering 133810 790 RATEIKE,MARILYN JANE Other Contracted Services Community Band 133811 16 STATE OF MINNESOTA Operating Supplies Fleet Services 133812 145 STEINER,SHARON Operating Supplies Senior Board 133813 135 UNIVERSITY OF MINNESOTA Conference Expense Storm Drainage 133814 1,100 VOLUNTEER FIREFIGHTERS BENEFIT Dues&Subscriptions Fire 133815 246 HOLIDAY INN HOTEL&SUITES Conference Expense Water Utility-General 133816 875 JENSON,PATRICIA B. Other Contracted Services Sunbonnet Days 133817 200 ARMA INTERNATIONAL INC. Dues&Subscriptions In Service Training 133813 6,000 AWWA RESEARCH FOUNDATION Dues&Subscriptions Water Utility-General 133819 519 BRAGG,ANNALISA Instructor Service Outdoor Center 133820 80 CAMPOS,LORI Instructor Service Outdoor Center 133821 1,954 CENTERPOINT ENEGY Gas Water Treatment Plant 133822 113,312 COMMISSIONER OF TRANSPORTATION Improvement Contracts Improvement Projects 1996 Check# Amount Vendor/Explanation Account Description Business Unit 133823 28 CULLIGAN-METRO Operating Supplies Outdoor Center 133824 325 CUTTING EDGE CLUB Facility Rentals Ice Arena 133825 405 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 133826 30 EXPRESS MESSENGER SYSTEMS INC Postage General 133827 200 GUTTMAN,CAITLIN Parking Permits Parking 133828 8 HESSIAN PLUMBING Cash Over/Short General Fund 133829 400 KLAUSLER,TIM Video&Photo Supplies Summer Safety Camp 133830 107 LANO EQUIPMENT INC Other Rentals Street Maintenance 133831 548 METRO SALES INCORPORATED* Other Rentals General 133832 35 MINNESOTA VALLEY ELECTRIC COOP Electric Sewer Liftstation 133833 90 NATIONAL MARTIAL ARTS ASSOCIAT Instructor Service Summer Skill Development 133834 34 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 133835 33 QUICKSILVER EXPRESS COURIER Operating Supplies Police 133836 105 QWEST Telephone Sewer Liftstation 133837 7,295 RELIAKOR SERVICES Seal Coating Street Maintenance 133838 30 ROBBINS WILLIAM Program Fee Classes/Programs/Events 133839 147 ROOT 0 MATIC Building Repair&Maint. City Hall-Direct Costs 133840 1,236 SINELL,STEVE Travel Expense Assessing 133841 12 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 133842 1,000 UNIVERSITY OF MINNESOTA Deposits Escrow 133843 1,411 US POSTMASTER-HOPKINS Postage Water Accounting 133844 16 W GORDON SMITH COMPANY,THE Operating Supplies Police 133845 143 XCEL ENERGY Electric Den Bldg.-CAM 133846 343 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance 133847 18 AYD,LISA Outside Water Sales Water Enterprise Fund 133848 479 BROWN TRAFFIC PRODUCTS Equipment Repair&Maint Fleet Services 133849 149 DEGREE,BETH Mileage&Parking Aquatics&Fitness Admin 133850 8 DOBBELMANN,BETTY Program Fee Classes/Programs/Events 133851 125 ERGOMETRICS Employment Support Test Human Resources 133852 135 FEDEX Equipment Repair&Maint Fleet Services 133853 13 GROESS,MARTA Program Fee Arts Initiative 133854 43 LI,AIMIN Lessons&Classes Pool Lessons 133855 28,417 LOGIS LOGIS Information Technology 133856 200 MALONEY,KIM Parking Permits Parking 133857 8 MARQUARDT,ESTHER Program Fee Classes/Programs/Events 133858 10 MCGOVERN,JANE Program Fee Classes/Programs/Events 133859 385 MERLINS ACE HARDWARE Repair&Maint.Supplies Maintenance 133860 74 MINN ST ADMIN ITG TELECOM SERV Software Maintenance Information Technology 133861 1,444 MINNESOTA VALLEY ELECTRIC COOP Electric Stormwater Liftstation 133862 160 MN SOCIETY OF ARBORICULTURE Conference Expense Parks Administration 133863 940 NEW LONDON TECHNOLOGY INC Capital Under$2,000 Wireless Communication 133864 529 PARK NICOLLET CLINIC Workers Comp Insurance Risk Management 133865 372 SPRINT Software Maintenance Information Technology 133866 63 STEWART-HESTER,RENEE Other Contracted Services Recreation Administration 133867 174 THEISEN,JAMES AND KARRI Outside Water Sales Water Enterprise Fund 133868 8 THOMAS,SUSAN Program Fee Classes/Programs/Events 133869 7 XCEL ENERGY Electric Staring Lake 133870 86 A TO Z RENTAL CENTER Other Rentals Park Maintenance 133871 6,537 ABSOLUTE RAIN INC. Building Repair&Maint. Capital Impr./Maint.Fund 133872 1,250 ACME WINDOW CLEANING INC. Other Contracted Services Water Treatment Plant 133873 640 AIR POWER EQUIPMENT CORPORATIO Building Repair&Maint. Fire Station#3 133874 1,339 AIR-HYDRAULIC SYSTEMS INC. Equipment Parts Water Treatment Plant 133875 17 AIRLINK COMMUNICATIONS INC Software Maintenance Information Technology 133876 5,831 ALTERNATIVE BUSINESS FURNITURE Capital Under$2,000 Furniture 133877 648 AMERICAN RED CROSS Recreation Supplies Oak Point Lessons 133878 1,333 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 133879 66 AMSAN BRISSMAN-KENNEDY Cleaning Supplies Maintenance 133880 201 ANDERBERG,CRAIG W. Other Contracted Services Softball 133881 464 AQUA LOGIC INC Equipment Repair&Maint Pool Maintenance 133882 21 ASSOCIATED BAG COMPANY Operating Supplies Police 133883 208 AUTO ELECTRIC SPECIALISTS Equipment Repair&Maint Fleet Services 133884 1,162 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 133885 196 BECKER ARENA PRODUCTS INC Repair&Maint.Supplies Ice Arena 133886 145 BENIEK PROPERTY SERVICES INC. Building Repair&Maint. City Hall-CAM 133887 35 BERRY COFFEE COMPANY Operating Supplies Elections 133889 6,613 BIFFS INC Waste Disposal Park Maintenance 133890 1,944 BLOOMINGTON SECURITY SOLUTIONS Other Assets Capital Outlay 133891 304 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 133892 1,083 BRAUN INTERTEC CORPORATION Other Contracted Services Capital Impr.I Maint.Fund 133893 706 BRO-TEX INC Equipment Parts Fleet Services 133894 14,358 CANADA GOOSE PROGRAM,THE Other Contracted Services Storm Drainage 133895 5,064 CARDIAC SCIENCE INC Capital Under$2,000 Police Check# Amount Vendor/Explanation Account Description Business Unit 133896 6,949 CARLSON'S TREE SERVICE Other Contracted Services Tree Removal 133897 4,241 CEMSTONE PRODUCTS COMPANY Repair&Maint Supplies Storm Drainage 133898 639 CHUCK'S EXCAVATING INC Other Contracted Services Park Maintenance 133899 180 CLASS SOFTWARE SOLUTIONS Operating Supplies Community Center Admin 133900 2,273 COMMVAULT SYSTEMS,INC. Software Maintenance Information Technology 133901 65 CONCRETE CUTTING&CORING INC Equipment Parts Fleet Services 133902 544 CONNEY SAFETY PRODUCTS Cleaning Supplies Water Treatment Plant 133903 70 COPY EQUIPMENT INC Operating Supplies Street Maintenance 133904 3,224 CORPORATE EXPRESS Office Supplies Police 133905 12,404 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 133906 2,350 CY'S UNIFORMS Clothing&Uniforms Police 133907 267 DALCO Cleaning Supplies Maintenance 133908 2,100 DALCO ROOFING&SHEET METAL IN Building Repair&Maint. Water Treatment Plant 133909 1,333 DAVIS BUSINESS MACHINES INC Operating Supplies Concessions 133910 11,570 DELL Computers Communication Services 133911 250 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary 133912 18,372 DIVERSE BUILDING MAINTENANCE Other Contracted Services Water Treatment Plant 133913 154 DOHERTY,SANDRA L Other Contracted Services Volleyball 133914 28,495 DONS SOD SERVICE Improvements to Land Construction Fund 133915 20,325 DRT TRANSPORT Other Contracted Services Water Treatment Plant 133916 3,799 EARL F ANDERSEN INC Operating Supplies Capital Impr./Maint.Fund 133917 9,997 EGAN-MCKAY ELECTRICAL CONTRACT Building Repair&Maint. City Hall-CAM 133918 70 ELVIN SAFETY SUPPLY INC Operating Supplies Fire 133919 3,876 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 133920 4,050 EPICENTER BUSINESS LLC Other Contracted Services Communication Services 133921 14 FASTENAL COMPANY Operating Supplies Traffic Signals 133922 391 FERRELLGAS Motor Fuels Ice Arena 133923 19 FIKES HYGIENE SERVICES Operating Supplies Prairie Village Liquor Store 133924 426 FIRE INSTRUCTORS ASSN OF MN Tuition Reimbursement/School Fire 133925 153 FISHER SCIENTIFIC Operating Supplies Water Treatment Plant 133926 36 FORCE AMERICA Equipment Parts Fleet Services 133927 929 FORE MECHANICAL,INC Building Repair&Maint. Fire Station#3 133928 1,541 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 133929 201 GE SUPPLY LOGISTICS,LLC Operating Supplies Sewer Liftstation 133930 239 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant 133931 9,127 GERTENS Landscape Materials/Supp Construction Fund 133932 73 GINA MARIAS INC Operating Supplies Fire 133933 105 GOAR,THOMAS Equipment Repair&Maint Water Treatment Plant 133934 251 GRAINGER Small Tools Fleet Services 133935 215 GREG LARSON SPORTS Recreation Supplies Summer Skill Development 133936 175 GREY HOUSE PUBLISHING Miscellaneous City Council 133937 686 GUNNAR ELECTRIC CO INC Other Contracted Services Round Lake 133938 489 HACH COMPANY Operating Supplies Water Treatment Plant 133939 2,072 HANSEN THORP PELLINEN OLSON Design&Engineering Engineering 133940 125 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services 133941 10,331 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 133942 6,287 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 133943 17 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 133944 1,112 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 133945 168 HOLMES,TOM Other Contracted Services Softball 133946 10,416 HONEYWELL INDUSTRY SOLUTIONS Equipment Repair&Maint Water Treatment Plant 133947 423 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 133948 1,063 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Treatment Plant 133949 88 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Services 133950 1,510 INSIGHT PUBLIC SECTOR Office Supplies General 133951 4,493 INTEREUM INC Capital Under$2,000 Furniture 133952 334 J P COOKE CO,THE Operating Supplies Animal Control 133953 773 JANEX INC Repair&Maint.Supplies Park Shelters 133954 5,704 JEFFERSON FIRE&SAFETY INC Operating Supplies Fire 133955 573 JOHN HENRY FOSTER MINNESOTA IN Other Contracted Services Water Treatment Plant 133956 42 JOHNSON,TODD Other Contracted Services Softball 133957 4,598 KAMIDA INC Improvements to Land Park Acquisition&Development 133958 2,436 KENNEDY TRANSMISSION Equipment Repair&Maint Fleet Services 133959 2,000 KENNETH COMPANIES INC Other Contracted Services Pleasant Hill Cemetary 133960 119 KRAEMERS HARDWARE INC Repair&Maint.Supplies Water Treatment Plant 133961 161 LAB SAFETY SUPPLY INC Cleaning Supplies Water Treatment Plant 133962 1,208 LANO EQUIPMENT INC Equipment Repair&Maint Fleet Services 133963 107 LESCO INC Landscape Materials/Supp Storm Drainage 133964 772 MAHIN WALZ INC Building Repair&Maint. City Center Operations 133965 12,750 MARKETLINE RESEARCH INC Other Contracted Services Planning&Development 133966 2,825 MARTIN-MCALLISTER Employment Support Test Human Resources 133967 182 MAXI-PRINT INC Printing Police Check# Amount Vendor/Explanation Account Description Business Unit 133968 14,666 McFARLAND CONSTRUCTION COMPANY Building Repair&Maint City Center Operations 133969 259 MEDIA PARTNERS CORP Training Supplies Den Road Liquor Store 133971 446 MENARDS Operating Supplies Park Maintenance 133972 213 METRO BRUSH&SUPPLY Cleaning Supplies Water Treatment Plant 133973 6,544 METRO CONCRETE RAISING INC Repair&Maint.Supplies Storm Drainage 133974 2,039 METRO FIRE Protective Clothing Fire 133975 607 METRO PRINTING Office Supplies Fire 133976 192,723 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 133977 346 METROPOLITAN FORD Equipment Parts Fleet Services 133978 5,555 METROPOLITAN MECHANICAL Building Repair&Maint. City Hall-CAM 133979 804 MG INDUSTRIES Chemicals Water Treatment Plant 133980 3,730 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 133981 44 MIDWEST SIGN&SCREEN PRINTING Operating Supplies Traffic Signs 133982 112 MINNESOTA COMPUTERS FOR SCHOOL Other Hardware Information Technology 133983 106 MINNESOTA CONWAY Operating Supplies Fire 133984 852 MINNESOTA MULCH&SOIL Landscape Materials/Supp Reforestation 133985 927 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire 133986 115 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Services 133987 162 MINVALCO INC Equipment Parts City Hall-CAM 133988 18 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 133989 96 MTI DISTRIBUTING INC Equipment Parts Fleet Services 133990 934 MUNICIPAL EMERGENCY SERVICES Operating Supplies Fire 133991 787 NATURAL REFLECTIONS VII LLC Other Contracted Services Water Treatment Plant 133992 127 NORTHERN SAFETY TECHNOLOGY INC Capital Under$2,000 Fleet Services 133993 19 NORTHERN TOOL&EQUIPMENT CO. Small Tools Water System Maintenance 133994 1,355 NORTHWEST BUSINESS SYSTEMS Equipment Repair&Maint Telephone 133995 67 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 133996 800 NRG PROCESSING SOLUTIONS Waste Disposal Tree Removal 133997 565 OLSEN COMPANIES Equipment Testing/Cert. Fleet Services 133998 269 OSI BATTERIES INC Equipment Parts Fleet Services 133999 75 PAIN ENTERPRISES INC. Chemicals Pool Maintenance 134000 101,077 PARKOS CONSTRUCTION COMPANY Building Capital Impr./Maint.Fund 134001 255,168 PEARSON BROTHERS INC Seal Coating Street Maintenance 134002 627 PEPSI COLA COMPANY Merchandise for Resale Concessions 134003 6,203 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Concessions 134004 137 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 134005 2,215 PRECISION TURF&CHEMICAL INC Chemicals Park Maintenance 134006 51 PRINTERS SERVICE INC Repair&Maint.Supplies Ice Arena 134007 626 RAY,LEE Other Contracted Services Softball 134008 3,167 REHRIG PACIFIC COMPANY Machinery&Equipment Capital Outlay Parks 134009 29,095 RMR SYSTEMS INC Other Contracted Services Utility Improvement Fund 134010 61 SBC PAGING Pager&Cell Phone Sewer System Maintenance 134011 103 SCHARBER&SONS Equipment Parts Fleet Services 134012 1,000 SENSUS METERING SYSTEMS Other Contracted Services Water Meter Reading 134013 326 SHRED-IT Waste Disposal City Center Operations 134014 416,427 SM HENTGES&SONS INC Improvement Contracts Charlson Area Construction 134015 75 SMITH&WESSON ACADEMY Equipment Repair&Maint Police 134016 386 SNAP-ON TOOLS Small Tools Fleet Services 134017 356 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources 134018 2,531 SOUTHWEST SUBURBAN PUBLISHING- Printing Communication Services 134019 12 SPS COMPANIES Repair&Maint.Supplies Park Maintenance 134020 102 ST CROIX RECREATION CO INC Operating Supplies Park Maintenance 134021 202 ST JOSEPH EQUIPMENT INC Other Rentals Park Maintenance 134022 780 STAR TRIBUNE Other Contracted Services Park Maintenance 134023 10,413 STEVENS ENGINEERS Building Capital Impr./Maint.Fund 134024 1,270 STRATUM ONE FITNESS EQUIPMENT Equipment Repair&Maint Police 134025 2,341 STREICHERS Protective Clothing Police 134026 350 SUBURBAN CHEVROLET Equipment Parts Fleet Services 134027 24 SUBURBAN PROPANE Equipment Repair&Maint Fleet Services 134028 1,067 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 134029 1,385 SUN NEWSPAPERS Legal Notices Publishing City Clerk 134030 2,390 SUPERIOR STRIPING INC Building Repair&Maint City Hall-CAM 134031 145 SWEDLUNDS Waste Disposal Outdoor Center 134032 126 SYSTEM CONTROL SERVICES Operating Supplies Water Treatment Plant 134033 23 T W NELSON&SONS INC Operating Supplies Elections 134034 115 TESSCO Equipment Repair&Maint Wireless Communication 134035 1,576 THYSSENKRUPP ELEVATOR CORP Building Repair&Maint. Water Treatment Plant 134036 1,672 TKDA Other Contracted Services Water Treatment Plant 134037 38 TOM'S WINDOW CLEANING Other Contracted Services Den Bldg.-Direct 134038 1,198 TRAFFIC CONTROL CORPORATION Equipment Repair&Maint Traffic Signals 134039 16,237 TRANS ALARM INC Building Repair&Maint. City Center Operations 134040 666 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 134041 142 UNIFORMS UNLIMITED Clothing&Uniforms Fire 134042 292 UNITED LABORATORIES Cleaning Supplies Water Treatment Plant 134043 13,719 UNITED RENTALS HIGHWAY TECHNOL Contracted Striping Traffic Signs 134044 266,837 VALLEY PAVING INC Improvement Contracts Improvement Projects 1996 134045 500 VERIZON DIRECTORIES CORP Advertising Prairie View Liquor Store 134046 3,025 VERNCO MAINTENANCE INC Other Contracted Services Water Treatment Plant 134047 437 VIDEO SERVICE OF AMERICA Video&Photo Supplies Communication Services 134048 10,315 WALL TRENDS INC Building Repair&Maint. City Center Operations 134049 1,034 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 134050 70 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 134051 347 WEST WELD Small Tools Fleet Services 134052 402 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 134053 330 WIGLEY,GRIFFIN J. Software Information Technology 134054 1,205 WM MUELLER AND SONS INC Improvements to Land Capital Impr./Maint.Fund 134055 1,949 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 134056 112 WORM,SANDY Landscape Materials/Supp Richard T.Anderson Cons.Area 134057 6,879 YALE MECHANICAL INC Equipment Repair&Maint Ice Arena 134058 585 ZEE MEDICAL SERVICE Safety Supplies Pool Operations 134059 232 ZEP MANUFACTURING CO Equipment Parts Fleet Services 134060 189 ZOELLNER,MARK Other Contracted Services Softball 2,462,992 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Appointments September 21,2004 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: XII.A. Michael Barone,Assistant Student Representatives to City Commissions to the City Manager Requested Action: • Move to: Appoint Cole Johnson,Apoorva Shah, and Roby Shrestha as Student Representatives to the Parks,Recreation and Natural Resources Commission to terms beginning October 2004 through May 2005 • Move to: Appoint Jackie Beutell,Tara Degn,and Hojun Lee as Student Representatives to the Human Rights and Diversity Commission to terms beginning October 2004 through May 2005 • Move to: Appoint Trevor Diddell,Katie Kunitz,and Benjamin Costello as Student Representatives to the Heritage Preservation Commission to terms beginning October 2004 through May 2005 • Move to:Appoint Casey Carlson,Evan Estrine, and Carly Hofstedt as Student Representatives to the Arts and Culture Commission to terms beginning October 2004 through May 2005 Synopsis: The Assistant to the City Manager held a meeting with the staff liaisons to City Commissions to review and discuss the applications. Recommendations were then made based on the students' stated preferences and the quality of their application. Thirty-three applications were received by the deadline on September 9, 2004. Three students are being recommended for each Commission,for a total of 12 student appointments. All student terms begin in October 2004 and end in May 2005. An orientation session will be held for the student representatives on Wednesday, September 29,2004,before they begin serving on their Commission.The orientation will include general information on the City Council as well as Commission structure and function. Background Information: In 1992,the City Council initiated a program to provide student residents in Eden Prairie with the opportunity to serve on City Commissions as non-voting members.The program has grown and changed over time to reflect modifications made to the City's Commissions.