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Home My WebLink AboutCity Council - 11/09/2004 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,NOVEMBER 9,2004 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. DISCUSSION OF CUMMINS GRILL HOUSE Council Chamber • II. OPEN FORUM III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN CITY COUNCIL TUESDAY,NOVEMBER 9,2004 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. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 19,2004 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 19,2004 VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR SURVEY,PRELIMINARY DESIGN AND PREPARATION OF A COST ESTIMATE FOR RECONSTRUCTION OF PIONEER TRAIL C. APPROVE LEASE AGREEMENT WITH AMERICAN GLASS & MIRROR, INC. TO STORE COMMUNITY THEATER PROPS AND COSTUMES D. ADOPT RESOLUTION ESTABLISHING A POLICY OF NOT CONSTRUCTING FENCES BETWEEN PARKS, RECREATION AREAS, AND PLAYING FIELDS AND PRIVATE PROPERTY E. ADOPT RESOLUTION CANVASSING RESULTS OF THE MUNICIPAL ELECTION HELD ON NOVEMBER 2,2004 F. APPOINT SCOTT ANDERSON OF ROSEMOUNT PROCESS MANAGEMENT TO THE MAJOR CENTER AREA TASK FORCE CITY COUNCIL AGENDA November 9,2004 Page 2 VII. PUBLIC HEARINGS/MEETINGS A. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN LEONA ADDITION,VACTION 04-10 (Resolution) B. VACATION OF RIGHT-OF-WAY IN CEDAR FOREST FIRST ADDITION, VACATION 04-11 (Resolution) VIII. PAYMENT OF CLAIMS IX. ORDINANCES AND RESOLUTIONS A. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE 5.36 RELATING TO LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD WASTE X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS& COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT ITEM NO.: V.A. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,OCTOBER 19,2004 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 SCHOOL BOARD: Carol Bomben, Chair;Jill Scholtz,Vice Chair;Phil Rose;Barbara Gabbed;Greg Olson;Ann Haines;Tim Fox 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 Mc Waters Heritage Room II I. JOINT MEETING OF THE SCHOOL BOARD/CITY COUNCIL A. School District Referendum Presentation &Budget Reduction Timelines School Superintendent Melissa Krull presented a PowerPoint that explains the school district referendum questions. Question 1 asks for approval of a$20 million for deferred maintenance bonds issue and$4.6 per year for 10 years for a capital projects levy. Question 2 is an operating levy. If approved the money will be used to: ■ Address funding shortfalls in general fund operations and building maintenance ■ Modernize and update technology Krull said the school district's funding shortfall is a result several factors, including: ■ No increases in state funding for the past three years ■ Changing demographics within the district ■ Increasing costs for salaries,healthcare benefits, property insurance and utilities City Council Workshop—October 19,2004 Page 2 Krull reviewed measure the district has already taken to address budget shortfalls. She also explained the district's four phases of reductions. During the first phas,e several administrative positions were eliminated,resulting in $700,000 in cost savings.During phase two a committee identified and prioritized potential reductions amounting to $5.8 million. Phase three is the referendum itself, and phase four will consist of finalizing reductions of either $2.8 million or$5.8 million, depending on the results of the referendum. Dean Edstrom and Sonja Anderson,members of the community group working to help pass the referendum, spoke about their efforts to educate the community about referendum. B. Eden Prairie Reads Community Education Director Jeanne Zetah provided details of the Eden Prairie Reads initiative. This is the first year of the program and the book chosen for discussion is Neither Wolf Nor Dog by Kent Nerburn. There are a number of events taking place during October, including appearances by the author. C. City Growth and Development Plans Community Development Director Janet Jeremiah distributed a map that details current development and redevelopment activities in the city. She also discussed what types of activities the City expects to see over the next few years. D. City Connections with Eden Prairie School District Students City Manager Scott Neal provided an overview of ways in which the City is connecting with school district students, including: • Swimming and other athletic programs • Star Mentor Program at Central Middle School • Students on Commissions Program • Guest speaking in the schools Council Chamber H. OPEN FORUM No one was scheduled to speak at Open Forum. III. OPEN PODIUM No one requested to speak at Open Podium. IV. ADJOURNMENT ITEM NO.: V.B. I UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 19,2004 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. H. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. RECOGNITION OF CERT/FIRE FIGHTER HURRICANCE ASSISTANCE Fire Chief George Esbensen provided a history on the City's CERT program. He reported that 38 members were recruited into the program that began two years ago with a federal grant.He explained the training and drills and said FEMA called Labor Day weekend looking for CERT members and firefighters to assist with the hurricane damage in Florida.Esbensen said Assistant Chief Scott Taylor escorted the group to Florida for the effort. Taylor explained that the trip lasted two weeks with 5 CERT members and 9 firefighters. He said there were two days of training in Atlanta before the group was deployed to Florida.He said nationwide there were 4,000 members who helped in Florida.Taylor presented photos from the trip and explained the process for those who assisted hurricane victims.He said the group also helped the Red Cross with a special needs evacuation center and set up approximately 3,000 cots and beds. Tyra-Lukens thanked the group of CERT members and firefighters who participated in the hurricane assistance and presented them with a certificate of appreciation. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Under Reports of Councilmembers, Case added a report on Southwest Metro Transit recent awards.Neal said staff requested removal of Item VII.E.to allow time to review comments and adding Item VII.L.A resolution adopting City comments of the 2030 Transportation Policy Plan.Neal said staff also requested adding Item XIV.D. a report from Parks and Recreation Director concerning the Picha Property Option Agreement. CITY COUNCIL MEETING October 19,2004 Page 2 Neal also added four items under Report of City Manager. MOTION: Mosman moved, seconded by Case to approve the agenda as published and amended.Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,OCTOBER 5,2004 MOTION:Butcher moved,seconded by Young to approve the minutes of the City Council Workshop held Tuesday, October 5,2004.Motion carried 4-0 with 1 abstention. B. CITY COUNCIL MEETING HELD TUESDAY,OCTOBER 5,2004 MOTION: Young moved, seconded by Case to approve the minutes of the City Council Meeting held Tuesday,October 5,2004.Motion carried 4-0 with 1 abstention. VII. CONSENT CALENDAR A. BEST BUY by Best Buy.2nd Reading for 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. Location: 7901 Flying Cloud Drive. (Ordinance No.28-2004-PUD-15-2004 for PUD District Review,Zoning District Change,and Resolution No.2004-146 for Site Plan Review) B. PRAIRIE PINES by Epic Development.2nd Reading for Planned Unit Development District Review with waivers on 5.09 acres and Zoning District Change from Rural to R1-13.5 on 5.09 acres. Location: 9576 Crestwood Terrace. (Ordinance No.29-2004-PUD-16-2004 for PUD District Review and Zoning District Change) C. ADOPT RESOLUTION NO.2004-147 APPROVING FINAL PLAT OF BEST BUY SECOND ADDITION D. AUTHORIZE PROFESSIONAL SERVICES CONTRACT WITH MALLOY,MONTAGUE,KARNOWSKI,RADOSEVICH&CO.,P.A. FOR AUDITING SERVICES FOR 2004 TO 2006 E. AUTHORIZE ESTABLISHMENT OF A SPORTS FACILITIES COMMITTEE TO ASSIST IN DETERMINING FAIR ALLOCATION OF CITY SPORT FACILITIES(This item deleted from Consent Calendar at this meeting.) CITY COUNCIL MEETING October 19,2004 Page 3 F. AUTHORIZE HIRING OF A PLANNING CONSULTANT TO ASSIST IN DEVELOPING PLANS FOR TRAILS WITHIN THE RILEY CREEK PURGATORY CREEK CONSERVATION AREAS G. ADOPT RESOLUTION NO.2004-148 AWARDING CONTRACT FOR MILLER PARK SOFTBALL FIELD BUILDING TO AMERICAN LIBERTY CONSTRUCTION,INC. H. ADOPT RESOLUTION NO.2004-149 REQUESTING SPEED STUDY FOR PIONEER TRAIL(CSAH 1)FROM THE WEST LEG OF CSAH 4 TO THE WEST CORPORATE LIMIT I. ADOPT RESOLUTION NO.2004-150 APPROVING MASTER UTILITY AGREEMENT WITH MNDOT FOR TH 212 DESIGN BUILD PROJECT FROM CSAH 4 TO CARVER COUNTY 147,I.C.935305 J. AUTHORIZE ISSUANCE OF GRADING PERMIT FOR CITY STORAGE FACILITY,I.C. 00-5519 K. ADOPT RESOLUTION NO.2004-151 REGARDING THE METROPOLITAN COUNCIL'S 2030 TRANSPORTATION POLICY PLAN AND FLYING CLOUD AIRPORT L. ADOPT RESOLUTION NO.2004-152 APPROVING CITY COMMENTS REGARDING THE 2030 TRANSPORTATION POLICY PLAN(This item added to Consent Calendar at this meeting.) MOTION: Case moved, seconded by Young,to approve Items A-D and F-L of the Consent Calendar.Motion carried 5-0. VIII. PUBLIC BEARINGS/MEETINGS A. 2004 SPECIAL ASSESSMENTS HEARING (Resolution No. 2004-153) City Manager Scott Neal reported that official notice of this public hearing was published in the September 30,2004,Eden Prairie Sun Current and sent to 50 property owners.He said each year the city council holds a public hearing to consider levying the special assessments that have been identified over the previous 12 months. Neal said this year the Council will address a list of supplemental assessments for such things as trunk exclusions, lateral exclusions and trunk utility assessments. The total amount proposed to be assessed in 2004 is$672,487.75. City Engineer Alan Gray gave a detailed assessment of the various charges.He said everything is pretty routine and basically there are no new projects.He said all the assessments are basically for trunks,projects approved in the last year, or for ongoing projects. Gray said two objections to the list have been received and CITY COUNCIL MEETING October 19,2004 Page 4 are in the council packet.He said staff recommendation is to adopt the assessments as proposed. Brian Post of 6890 Kingston Dr. spoke regarding special assessments on two residential properties at the end of Wilderness Cove.He said he is confused as to the assessments for these two properties.He said if the property was mowed by the city,he is objecting to the special assessment for a bill for a one-time mow because he had the property mowed on 6/21/04 and 7/8/04. Dietz explained that in June,Mr. Wagner came to the city about mowing these areas and at the time, he was concerned that it be done quickly.Dietz said the city sent a notice to Mr.Post that came back"address unknown."Dietz said Stuart Fox notified him that the notice was resent to a Kingston Drive address late May or early June.Dietz said he thinks it was mowed by the city in the early part of June and no further complaints have been received from Mr.Wagner, so Mr.Post has been keeping up with the mowing since then.Dietz said Fox advised him that each of the lots were mowed one time in the early part of June. Post said he never received a notice at his Kingston Drive address.Dietz said notices such as these are not sent certified mail and the city relies on addresses obtained from the county system.He apologized and said the city does its best to get the notices to the correct address. Case clarified that there was nearly two months of growth prior to Post's first mowing of the properties.Post said he was at the property at the end of May and directed the contractor to mow when it was time to do so. There were no further public comments. MOTION: Case moved, seconded by Young,to close the public special assessment hearing for the approval of the 2004 special assessments; and adopt the resolution approving all Special Assessments presented in the fall of 2004. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Case,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 CITY COUNCIL MEETING October 19,2004 Page 5 XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Southwest Metro Transit Awards—Councilmember Case Case said Chaska, Chanhassen and Eden Prairie have a joint powers agreement to manage the transit system and it is a phenomenal system.He reported that last week Southwest Metro Transit received the American Public Transportation Association's Outstanding Public Transit System Award—one of four in the nation and the only one in metropolitan areas with ridership under 1,000,000. Case said in addition,the Minnesota Public Transit Association named Len Semich, executive director of Southwest Metro Transit, as its Transit Professional of the Year. B. REPORT OF CITY MANAGER 1. New Audio Visual Equipment Neal reported that new audio visual equipment will be installed in the council chamber after the election and prior to the second meeting in November. 2. Protocol For Public Hearings Neal said earlier this summer the council asked staff to research protocol for conducting public hearings, especially voluntary protocols if a public hearing was anticipated to be long. He said Mike Barone has done research and it has been passed on to the mayor and will go to the council for comments. 3. Letter from ADC Telecommunications Neal read a letter from Ed Jorgenson,ADC Telecommunications director of real estate,regarding a recent decision regarding the company's world headquarters on Technology Drive.According to the letter,ADC is planning to lease approximately 100,000 square feet of office space and will be able to accommodate a tenant up to 400 employees.Neal said the company wanted to let the city know the headquarters is not moving and this is a business decision for the company. 4. Clean Indoor Air Ordinance Neal reported that Hennepin County adopted a clean indoor air ordinance that will apply to bars,restaurants and other indoor facilities beginning March 31,2005.He said earlier this year,the city approved a voluntary program and this ordinance goes farther than the voluntary program and CITY COUNCIL MEETING October 19,2004 Page 6 he asked if the council wanted to still go forward with the voluntary program. He said he's not sure it serves the same need and does consume staff time and money and with the mandatory ordinance coming up in March,he's not sure it's of much use to go forward with the voluntary program. Mosman asked if the county ordinance covers work spaces such as offices. Councilmembers responded that it does not,but does cover bars and restaurants.Mosman said the voluntary program was for bars and restaurants. Case commented that maybe the Council wants to have discussions in January or February about joining with Bloomington on slightly stricter measures. Tyra-Lukens thanked the members of the City's Clean Indoor Air Task Force for their time and efforts. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Major Center Area Study Jeremiah reported that the Major Center Area is a 1,200-acre area within and surrounding Prairie Center Drive and Valley View ring road system including Eden Prairie Center mall and the Southwest Metro station area. She said staff is recommending appointment of a 13-member Task Force representing business and property owners/managers, residents of the Major Center Area(MCA),and at-large representatives from the Community Planning Board to provide feedback on the MCA Study. Jeremiah noted that staff is still working with Sears to get a representative from their organization and there is not a name yet so it is recommended to leave that part of it open ended. Jeremiah said SRF Consulting,Inc. in partnership with Ingraham& Associates is recommended to work with the MCA Task Force and a Technical Advisory Committee of City and agency staff on a Land Use, Transportation and Wayfinding Study of the Major Center Area. She said staff will work with both bodies to finalize the scope for the study, and use that as the basis for the contract that will be brought back to the council for formal approval at a later date. Tyra-Lukens commented that she is pleased to see a person on the task force that is a senior resident of The Colony because transportation is an issue for seniors. CITY COUNCIL MEETING October 19,2004 Page 7 MOTION:Butcher moved to appoint to the Major Center Area(MCA) Task Force the following members: - Alan Young, General Manager of General Growth - Bill Burgess, Store Manager of Walmart - Ed Flaherty,President of Lariat Companies - Greg Olsen,Vice President of Anchor Bank - Kathy Nelson,Community Planning Board Member - Louise Pelcher,Resident of The Colony - Mark Namtvedt,Owner of Noresman Oil - Melody Denyer,Property Manager of Lincoln Parc Apartments - Pat Mulqueeny,President of the Eden Prairie Chamber of Commerce - Patrick Sarver,Director of Land Planning for Hartford Group - Ray Stoelting,Chair of the Community Planning Board - Terry Pearson,Resident of Weston Woods - Representative of Sears(To be Determined) And further moved to direct staff to prepare a scope/contract with SRF Consulting,Inc. for a land use,transportation and wayfinding study of the Major Center Area. Seconded by Mosman,motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Picha Property Option Agreement Lambert reported that about a year ago,the City entered into an option agreement with the two Picha families on a 4.4-acre parcel adjacent to Birch Island Woods and that option expires today.He said he has been in contact with property owners in the last couple weeks to see if they were interested in offering the City an extension of the option and they indicated they would extend the option for one year for a price of$10,000, but the price would increase to$850,000. Lambert said the Pichas said they would also consider selling the property for$800,000 if the City would enter into a Contract for Deed before the end of the year.The Contract for Deed would require payment of 6%on the balance during the term of the contract,and the length of the contract cannot exceed five years. Lambert said city staff is not recommending extending the option or entering into a purchase agreement for the property because none of the three areas of funding designated for acquiring the property have been successful. Mosman said in late summer when council asked about a possible trade with the status of LAWCON property,Lambert sent a letter and received a letter back from the agency with a positive tone that said it's possible. She said she thought this meant the city was going to pursue how to make it CITY COUNCIL MEETING October 19,2004 Page 8 happen and nothing has been heard since then. She said she would have a difficult time voting against it without knowing if any of the other things could be pursued. She said she heard some money has been raised. She said at this point she would hate to eliminate all options without at least pursuing what the council had directed to have looked at.Mosman said she would like to see and hear if all options have been exhausted—to find out from the Friends of Birch Island Woods to see if in St.Paul there is any possibility that anything else can be done. Case said staff needs direction.He said in talks with Friends of Birch Island Woods,there are some fallback plans they still have and Mr. Lambert needs to continue to have discussions with them. Mosman said no action is needed because the option is expiring,but it should be agreed to ask staff to continue pursuing other arrangements for trade on the LAWCON and the possible sale of the property and find out from Friends of Birch Island Woods if there are any other options. Case noted that the trade is actually hard money that would be used to buy ourselves out of the Cummins Grill obligations and purchase land contiguous to a park. Lambert asked for clarification.He said he thought the direction was to find out if we had the option to do that trade.He said he does not recall council giving staff direction to pursue that by getting an appraisal of the property and going further.He said if we're talking about a trade with the land, we still have to come up with$800,000 and he has not heard direction as to where the money would be coming from. Case said his intent was to direct staff to pursue the possibility of what would it look like and can it happen.He said all that council got back was one thought from the DNR that it is possible. Lambert explained that the DNR said if the appraisal worked out and if the appraisal on the land to be acquired worked out,the DNR would need a reason why the city would want to do it and then it would be forwarded to the National Park Service.He said the DNR said it could work,but is not going to commit to it until they would see all that and it takes money to do appraisals and show where the money is coming from.Lambert said if you don't have money to buy it in the first place,why would we go through the exercise and pay for appraisals. Case suggested a workshop discussion on this issue.Tyra-Lukens said it would be useful to have this item as a workshop and suggested council members work with Mr.Neal to make sure their specific pieces of information needed to make a decision are available. Butcher said the HPC needs to be involved. CITY COUNCIL MEETING October 19,2004 Page 9 Neal reminded the audience that the November schedule for council meetings will be the 9th and 23rd because of the election on November 2. He said he believes that November 9 would be available for a workshop and he will check that. Young said he agrees that the council should have a discussion on the Cummins Grill house.He said the option for the Picha property should not be renewed and he hopes something can be done with it. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Butcher moved, seconded by Case,to adjourn the meeting.Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:01 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 9, 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. Private Kennel Peggy Hutton—4 dogs 7080 Eden Prairie Road Barb Heenan—3 dogs 18629 Chennault Way Deana Kinamon 8758 Hawthorne Drive - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 9, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.B. Mary Krause,Public Approve Professional Services Works/Engineering Agreement with HTPO for Reconstruction of Pioneer Trail,I.C. 04- 5632 Requested Action Move to: Approve professional services agreement with HTPO for survey,preliminary design and preparation of a cost estimate for the reconstruction of Pioneer Trail in the amount of$17,500. Synopsis This consultant contract will provide for the survey,preliminary design and preparation of a cost estimate for Pioneer Trail. Pioneer Trail is a looped city street that takes access to CSAH#1 (Pioneer Trail) at both its east and west termination points. A feasibility study was ordered by Council on September 7, 2004 for this project. Background Information Pioneer Trail is currently a paved bituminous street in poor condition that does not have concrete curb and gutter or a storm sewer system. The pavement management system that is utilized to assist in assessing the pavement conditions of the City street system has identified this street as a candidate for reconstruction. The recently approved Flying Cloud Mall project abuts a portion of Pioneer Trail in this area. The majority of the project will be funded through special assessments. Attachments • HTPO Agreement gg 1 , engineering•Surveying Landscape Architecture P I. , October 25,2004 Ms.Mary Krause City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re:Pioneer Trail Reconstruction • Dear Ms. Krause: As requested, the following estimate for civil engineering and surveying services for the above referenced project are provided for your consideration. Estimate Scope of Services $17,500.00 Topography,preliminary design and cost estimate for reconstruction of • approximately 1700 feet of street and associated storm sewer improvements. HTPO,Inc.proposes to provide these services in accordance with the attached General Conditions. Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personnel expense. We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. 7510 Market Place Drive Eden Prairie,MN 55344 952-829-0700 952-829-7806 fax = . :_ - S�3N`_ .�1t�C - iRP [ 'NSEN��NA Krause/Johnson October 25,2004 Page 2 Customary reimbursable expenses(printing,courier,and other out-of-house services and documents)are passed on directly to you. We invoice our services monthly payable within 30 days. Thank you for this opportunity to provide our services. • Sincerely, Hansen Thorp Pellinen Olson, Inc, Laurie A.Johnson,P.E. Principal LAJ:ks Enclosure Approved: City of Eden Prairie By: By: CITY OF EDEN PRAIRIE GENERAL CONDITIONS Consultant Agreement SECTION 1: PROJECT INFORMATION by Consultant's negligence. 1.1 City will provide to Consultant all known information 2.5 City agrees to render reasonable assistance requested by regarding existing and proposed conditions of the site or which Consultant to enable performance of work without delay or affects the work to be performed by Consultant. Such interference,and upon request of Consultant,to provide a suitable information shall include, but not be limited to site plans, workplace. surveys, known hazardous waste or conditions, previous laboratory analysis results,written reports,soil boring logs and 2.6 City will be responsible for locating and identifying all applicable regulatory site response(Project Information). subterranean structures and utilities. Consultant will take reasonable precautions to avoid damage or injury to subterranean 1.2 City will transmit to Consultant any additions,updates,or structures and utilities identified and located by City and/or revisions to the Project Information as it becomes available to representatives of Utility Companies. City,its subcontractors or consultants. SECTION 3: SAMPLES 1.3 City will provide an on-site representative to Consultant within 24 hours upon request, to aid, define, supervise, or 3.1 Consultant may retain at its facility selected soil, water, or coordinate work or Project Information as requested by material samples for a maximum of 30 days after completion of Consultant. the work and submission of Consultant's report, which samples shall remain the property of City. Unless otherwise directed by 1.4 Consultant will not be liable for any decision,conclusion, the City,Consultant may dispose of any samples after 30 days. recommendations, judgement or advice based on any inaccurate information furnished by City, or other 3.2 Disposal of contaminated or hazardous waste samples is the subcontractors or consultants engaged by City. . responsibility of City. After said 30 days,City will be responsible to select and arrange for lawful disposal procedures that include SECTION 2: SITE LOCATION,ACCESS,PERMITS, removal of samples from Consultant's custody and transporting APPROVALS AND UTILITIES them to a disposal site. City may request, or if City does not arrange for disposal, Consultant may deliver samples to City, 2.1 City will indicate to Consultant the property lines of the freight collect,or arrange for lawful disposal and bill City at cost site and assume responsibility for accuracy of markers. plus 15%. 2.2 City will provide for right-of-way for Consultant personnel SECTION 4: FEE PAYMENT/CLAIMS and equipment necessary to perform the work. 4.1 Consultant will submit invoices to City monthly,and a final 2.3 City will be solely responsible for applying for and invoice upon completion of work. Invoices will show charges obtaining permits.and approvals necessary for Consultant to based on the current Consultant Fee Schedule or other documents perform the work. Consultant will assist City in applying for as attached. and obtaining such permits and approvals as needed. It is understood that City authorizes Consultant to act as agent for 4.2 To receive any payment on this Contract,the invoice or bill City for City's responsibilities under this section including must include the following signed and dated statement: "I declare signing certain forms on City's behalf such as Right-of-Way under penalty of perjury that this account, claim, or demand is forms. just and correct and that no part of it has been paid." 2.4 While Consultant will take reasonable precautions to 4..3 The balance stated on the invoice shall be deemed correct minimize any damage to property,it is understood by City that unless City notifies Consultant,in writing,of the particular item in the normal course of the work some damage may occur. that is alleged to be incorrect within ten (10) days from the The correction of any damage is the responsibility of City or, invoice date. Consultant will review the alleged incorrect item at City's direction,the damage may be corrected by Consultant within ten(10)days and either submits a corrected invoice or a and billed to City at cost plus 15%. Notwithstanding the statement indicating the original amount is correct. above,Consultant agrees to be responsible for damage caused City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 1 of 4 4.4 Payment is due upon receipt of invoice (or corrected to mislead others by omitting certain aspects contained in the invoice)and is past due sixty(60)days from invoice date. On report. past due accounts,City will pay a finance charge of 1.5%per month on the unpaid balance,or the maximum allowed by law, 5.5 Consultant will consider Project Information as confidential whichever is less,until invoice is fully paid. and will not disclose to third parties information that it acquires, uncovers, or generates in the course of performing the work, 4.5 If City fails to pay Consultant within sixty (60) days except as and to the extent Consultant may,in its sole discretion, following invoice date, Consultant may deem the default a deem itself required by law to disclose. breach of its agreement, terminate the agreement, and be relieved of any and all duties under the agreement, City SECTION 6: DISPUTES/LIMITATIONS OF REMEDIES however,will not be relieved of Fee Payment responsibilities by the default or termination of the agreement. 6.1 In the event of a breach of Contract by City,the Consultant shall not be entitled to recover punitive,special or consequential 4.6 City will be solely responsible for applying for and damages or damages for loss of business. obtaining any applicable compensation fund reimbursements from various state and federal programs. Consultant may 6.2 City will pay all reasonable litigation or collection expenses assist City in applying for or meeting notification including attorney fees that Consultant incurs in collecting any requirements,however. Consultant makes no representations delinquent amount City owes under this agreement. or guarantees as to what fund reimbursement City may receive. Consultant shall not be liable for any reductions from 6.3 If City institutes a suit against Consultant,which is dismissed, reimbursement programs made for any reason by state or dropped,or for which judgement is rendered for Consultant,City federal agencies, except as may be caused by Consultant's will pay Consultant for all costs of defense, including attorney negligence, fees,expert witness fees and court costs. 4.7 City may withhold from any final payment due the 6.4 If Consultant institutes a suit against City,which is dismissed, Consultant such amounts as are incurred or expended by the dropped,or for which judgement is rendered for City,Consultant City on account of the termination of the Contract. will pay City for all costs of defense, including attorney fees, expert witness fees and court costs. SECTION 5: OWNERSHIP OF DOCUMENTS 6.5 Dispute Resolution 5.1 Consultant will deliver to City certain reports as instruments of the professional work or services performed 6.5.1 Mediation pursuant to this Agreement. All reports are intended solely for City,and Consultant will not be liable for any interpretations All claims, disputes and other matters in question (hereinafter made by others. "claim")between the parties to this Agreement,arising out of or relating to this Agreement or the breach thereof,shall be subject 5.2 City agrees that all reports and other work furnished to to mediation. If the parties have not resolved the dispute within City,or City's agents or representatives,which are not paid for, thirty(30)days of receipt of a written complaint,each party may will be returned to Consultant upon demand and will not be require the dispute be submitted for mediation. If the parties are used by City for any purpose. unable to agree on a mediator within ten(10) days following a request for mediation,either party may request that a mediator be 5.3 Unless otherwise agreed, Consultant will retain all appointed by the Fourth Judicial District Court_ The parties agree pertinent records or reports concerning work and services to share equally all fees incurred in the mediation. performed for a period of at least two(2)years after report is submitted. During that time the records will be made available The parties shall submit to mediation for a minimum of eight(8) to City during Consultant's normal business hours.. City may hours.. The parties agree that the mediation proceedings are obtain reproducible copies of all software, manuals, maps, private and confidential. If, at the end of eight hours of drawings, logs and reports at cost, plus 15%, for data and mediation,the parties have not resolved the dispute,the parties materials not being provided as part of the scope of work for may agree to extend hours of mediation. the project_ 6.5.2 Arbitration 5.4 City may use the Consultant report in its entirety and may make copies of the entire report available to others. However, At the option of the party asserting the same,a claim between the City shall not make disclosure to others of any portions or parties to this Agreement, arising out of or relating to this excerpts of a report constituting less than the entire report,or Agreement or the breach thereof, whereby the party or parties Cie,of Eden Prairie General Conditions Consultant Agreement December 2000 Page 2 of 4 asserting the same claims entitlement to damages or payment 7.3 Although data obtained from discrete sample locations will be of less than $25,000.00 in aggregate may be decided by used to infer conditions between sample locations no guarantee arbitration in accordance with the Construction Industry may be given that the inferred conditions exist because soil, Arbitration Rules of the American Arbitration Association then surface and groundwater quality conditions between sample existing unless the parties mutually agree otherwise. In the locations may vary significantly, and because conditions at the event any person shall commence an action in any court for time of sample collection may also vary significantly with respect any claim arising out of or relating to this Agreement or the to soil,surface water and groundwater quality at any other given breach thereof or the Project or construction thereof or any time and for other reasons beyond Consultant's control. contract for such construction, the party making a claim in arbitration may dismiss such proceedings(unless the hearing 7.4 Consultant will not be responsible or liable for the on the claim has commenced)and elect to assert its claim in interpretation of its data or report by others.. such action if such party could have done so but for the provisions of this Paragraph. SECTION 8: GENERAL INDEMNIFICATION The parties agree to bear equal responsibility for the fees of 8.1 Consultant will indemnify and hold City harmless from and AAA,including the arbitrator(s). Judgement upon the award against demands,damages,and expenses caused by Consultant's rendered by the arbitrator(s) may be entered in any court negligent acts and omissions, and breach of contract and those having jurisdiction thereof. negligent acts, omissions, and breaches of persons for whom Consultant is legally responsible. City will indemnify and hold In the event that arbitration services are not available from Consultant harmless from and against demands,damages, and AAA,either party may request that an arbitrator be appointed expenses caused by City's negligent acts and omissions, and by the Fourth Judicial District Court. breach of contract and those acts, omissions, and breaches of persons for whom City is legally responsible. 6.5.3 Compliance SECTION 9: INSURANCE/WORKER'S The parties deem the dispute resolution procedure as set forth COMPENSATION herein to be an integral and essential part of this Agreement. A party's failure to comply in all respects with this procedure 9.1 Consultant represents and warrants that it has and will shall be a substantial breach of this Agreement. The maintain during the performance of this agreement Worker's arbitrator(s)shall be authorized to assess costs and attorney's Compensation Insurance coverage required pursuant to Minn. fees against a party that has failed to comply with the Stat.176.181,subd.2 and that the Certificate of Insurance or the procedure in all respects,and,may as a condition precedent to written order of the Commissioner of Commerce permitting self arbitration,require the parties to mediate in accordance with insurance of Worker's Compensation Insurance coverage Section 6.5.1 hereof: provided to the City prior to execution of this agreement is current and in force and effect. SECTION 7: STANDARD OF CARE 9.2 Consultant shall procure and maintain professional liability 7.1 Because no sampling program can prove the non-existence insurance for protection from claims arising out of professional or non-presence of contaminated conditions or materials services caused by any negligent act,error or omission for which throughout the "entire" site or facility, Consultant cannot Consultant is legally liable. warrant,represent,guarantee,or certify the non-existence or non-presence, or the extent of existence or presence, of 9.3 Certificate of insurance will be provided to City upon request. contaminated conditions or materials, and City's obligation under this agreement will not be contingent upon Consultant's SECTION 10: TERMINATION delivery of any warranties, representations, guarantees, or certifications. 10.1 The agreement between Consultant and City may be terminated by either party upon thirty-(30)days written notice. 7.2 Consultant's opinions,conclusions,recommendations,and report will be prepared in accordance with the proposal,scope 10.2 If the agreement is terminated prior to completion of the of work,and Limitations of Environmental Assessments and project, Consultant will receive an equitable adjustment of no warranties,representations,guarantees,or certifications will compensation. be made. Except that Consultant warrants that hardware and software will perform as represented in proposal and other parts of this agreement. City of Eden Prairie Genera!Conditions Consultant Agreement December 2000 Page 3 of 4 SECTION 11: ASSIGNMENT SECTION 17: DATA PRACTICES ACT COMPLIANCE 11.1 Neither party may assign duties,rights or interests in the 17.1 The Consultant shall at all times abide by Minn.Stat. 13.01 performance of the work without obtaining the prior written et seq., the Minnesota Government Data Practices Act, to the consent of the other party, which consent will not be extent the Act is applicable to data and documents in the unreasonably withheld. possession of the Consultant. SECTION 12: DELAYS SECTION 18: DISCRIMINATION 12.1 If Consultant is delayed in performance due to any cause In performance of this contract, the Consultant shall not beyond its reasonable control, including but not limited to discriminate on the grounds of or because of race, color, creed, strikes,riots,fires,acts of God,governmental actions,actions religion,national origin,sex,marital status,status with regards to of a third party, or actions or inactions of City,the time for public assistance,disability,sexual orientation,or age against any performance shall be extended by a period of time lost by employee of the Consultant,any subcontractor of the Consultant, reason of the delay. Consultant will be entitled to payment for or any applicant for employment. The Consultant shall include a its reasonable additional charges,if any,due to the delay. similar provision in all contracts with subcontractors to this Contract. The Consultant further agrees to comply will all aspects SECTION 13: EXTRA WORK 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 13.1 Extra work, additional compensation for same, and Disabilities Act of 1990.. extension of time for completion shall be covered by written amendment to this agreement prior to proceeding with any SECTION 19: CONFLICTS extra work or related expenditures. No salaried officer or employee of the City and no member of the SECTION 14: WITHHOLDING TAXES Board of the City shall have a financial interest,direct or indirect, in this contract. The violation of this provision renders the 14.1 No final payment shall be made to the Consultant until Contract void.. Any federal regulations and applicable state the Consultant has provided satisfactory evidence to the City statutes shall not be violated. that the Consultant and each of its subcontracts has complied with the provisions of Minn. Stat. 290.92 relating to SECTION 20: ENTIRE AGREEMENT withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 18.1 This Agreement contains the entire understanding between the City and Consultant and supersedes any prior written or oral SECTION 15: AUDITS agreements between them respecting the written subject matter.. There are no representations, agreements, arrangements or 15.1 The books, records, documents and accounting understandings, oral or written between City and Consultant procedures and practices of the Consultant or other parties relating to the subject matter of this Agreement which are not relevant to this Agreement are subject to examination by the fully expressed herein. City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this 18.2 The agreement between Consultant and City may be Contract. modified only by a written amendment executed by both City and Consultant. SECTION 16: PAYMENT TO SUBCONTRACTORS 18.3 This agreement is governed by the laws of the State of 16.1 The Consultant shall pay to any Subcontractor within ten Minnesota. (10)days of the Consultant's receipt of payment from the City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent (1-1/2%)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 Consultant shall pay the actual amount due to the Subcontractor. City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 4 of 4 • CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 9, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.C. Sandy Werts,Recreation Lease Agreement with American Glass Coordinator &Minor Parks&Recreation Requested Action Move to: Approve lease agreement with American Glass&Mirror, Inc as a place to store the community theater props and costumes. Synopsis The Eden Prairie Players, the City's Community Theater, is a recreation program supported by the City. They currently produce two major productions during the year, the winter play held in February, and the summer musical held outdoors at the amphitheater, plus a number of smaller venues. They have amassed a collection of props and costumes, which are currently stored at the amphitheater. The back stage storage is unheated, and the costumes are exposed to invasion by mice,which has been a problem. Trying to pull costumes and props for the winter show is difficult because of the cold, and the fact that the fluorescent lights do not work well in the cold. There is also not enough space to have all the props and costumes there, and set up backstage what is needed to put on a full-scale musical in the summer.The City does not have sufficient heated storage space in any of its facilities. This fall a volunteer with the theater looked for places around town that would donate storage space.The owner of American Glass &Mirror,Inc, located at 6585 Edenvale Boulevard in Eden Prairie agreed to let the Eden Prairie Players use the space at no charge. The City Attorney's office drafted a lease agreement, releasing American Glass & Mirror from liability and stating that the City is responsible for all property stored on its property. There is also a sixty-day notice to terminate the agreement. The lease would be renewed annually. Attachment Lease Agreement Storage Agreement THIS AGREEMENT,made this 8th day of November, 2004 between The City of Eden Prairie, a municipal corporation (hereinafter referred to as "City", and American Glass & Mirror, Inc., hereinafter referred to as"American". WITNESSETH, that American has agreed to provide space to City for the storage of City's property on the premises known as 6585 Edenvale Blvd., Eden Prairie, MN 55346, (hereinafter the "Storage Space") to commence on November 15, 2004 and to end on December 31, 2005. The term of this Agreement shall renew automatically for consecutivel2 month periods as long as City uses Storage Space and complies with the terms of this Agreement and the rules established by American for the use of the Storage Space. Notice of termination of' this Agreement by either party must be given at least thirty (30) days in advance of the December 31 automatic renewal date. Said Storage Space shall be solely for the use of City. 1. American or American's agents shall not be liable for any damage to City's property so stored nor any loss by fire,theft or other hazard. 2. It is understood and agreed that City shall keep and maintain insurance on any and all property being stored within such storage space, and that City shall provide proof of such insurance coverage on a yearly basis from the date the storage agreement is effective, and that American shall not be responsible to maintain insurance on said storage space. It is further understood and agreed that City stores its property at its own risk in the event that City violates the Agreement and does not keep or maintain insurance on its property. City agrees to indemnify and hold American harmless from any loss, damage or expense caused by City's use of the Storage Space. 3. City shall not assign this agreement or permit the Storage Space to be used by any other person except City without the prior written consent of American in each instance. 4. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is directed to City by delivering it personally to the City Manager; or if it is directed to American, by delivering it personally to Guy Selinske, or an officer of American; or if mailed in a sealed wrapper by United States certified mail, return receipt requested, postage prepaid;or if transmitted by facsimile, copy followed by mailed notice as above required; or if deposited cost paid with a nationally recognized, reputable overnight courier,properly addressed as follows: If to City: City of Eden Prairie c/o City Manager 8080 Mitchell Road • Eden Prairie,Minnesota 55344 If to American: American Glass&Mirror,Inc. do Guy Selinske 5418 Cottonwood Lane Prior Lake,MN 55347 Notices shall be in writing and be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid;provided,however,if notice is given by deposit,that the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified. 5. The covenants, conditions and agreements contained in this agreement shall bind and inure to the benefit of American and City and their respective heirs, distributee, executors, administrators, successors and except as otherwise provided in this Agreement, their assignees. This agreement can not be changed orally. 6. The City acknowledges that it has no proprietary right to the Storage Space and the City's right to use the Storage Space terminates on the termination of this Agreement. 7. City shall indemnify, and hold American harmless against claims of liability or loss for bodily injury arising out of the City's negligent acts or omissions in connection with the use and occupancy of the Storage Space. IN WITNESS WHEREOF,American and City have respectively executed this Agreement as of the day and year first above written: AMERICAN GLASS&MIRROR,INC. CITY OF EDEN PRAIRIE By By Nancy Tyra-Lukens Its Its Mayor By Scott H.Neal Its City Manager P:/Home/EP/Parks/Storage Agreementl.rtf CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 9, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.D. Robert A. Lambert,Director Resolution regarding the Policy of Not Parks&Recreation Constructing Fences between Parks and Private Property Requested Action Move to: Adopt Resolution establishing a policy of not constructing fences between parks, recreation areas, and playing fields and private property. Synopsis The City has had a long standing policy of not constructing and maintaining fences between parks, recreation areas or playing fields and adjoining private property. City staff recommends the City Council formally recognize the policy in writing. The Parks, Recreation and Natural Resources Commission recommended approval at their November 1, 2004 meeting with a unanimous vote. The City often receives requests from adjacent property owners that the City construct a fence between the park and their property. The City has always maintained that it is up to the private property owner to protect their property from trespass by landscape materials, fences or whatever means they choose; however, the City is not going to begin putting fences around park property to keep the public from coming onto park property or from leaving property. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 04- RESOLUTION REGARDING A POLICY OF NOT CONSTRUCTING FENCES BETWEEN PARKS,RECREATION AREAS,AND PLAYING FIELDS AND PRIVATE PROPERTY BE IT RESOLVED,that the Council of the City of Eden Prairie, FINDS, A. The City has many parks, recreation areas, and playing fields which are for the use and enjoyment of all its citizens. B. Constructing fences between parks,recreation areas,and playing fields and adjoining private property,would be expensive to construct and maintain and would increase the burden and cost of maintenance of the grounds on which the fences would be situated. C. The social, economic and political factors involved in constructing and maintaining fences around parks, recreation areas, and playing fields and adjoining private property are outweighed by the social, economic and political reasons not to build such fences. D. For the reasons noted above,the Council has a long-standing policy of not constructing and maintaining fences between parks,recreation areas,and playing fields and adjoining private property. The Council wishes now to formally recognize this policy in writing. THEREFORE, The Council declares that the City will not build fences between parks,recreation areas,and playing fields and adjoining private property. ADOPTED by the Council of the City of Eden Prairie this day of , 2004. Nancy Tyra-Lukens, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 9, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:.VI.E. Office of City Manager Resolution Canvassing the November 2 Municipal City Clerk Election Results Requested Action: Adopt Resolution canvassing the results of the municipal election held on November 2, 2004. Synopsis: Minnesota Election Law 205.185, subd. 3 regires that within seven days after a municipal election, the governing body of a city shall act as the canvassing board, canvass the returns, and declare the results of the election. • Attachment: Resolution Election Results CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MTNNESOTA RESOLUTION NO.2004- WHEREAS, Minnesota Election Law 205.185, subd. 3 regires that within seven days after a municipal election,the governing body of a city shall act as the canvassing board, canvass the returns, and declare the results of the election. NOW THEREFORE,BE IT RESOLVED that the Eden Prairie City Council has ascertained and determined the result of November 2, 2004 General Election as follows: CITY OFFICES Council Member Votes Brad Aho 12,373 Sherry Butcher 13,952 Larry S. Kacher 8,487 Nina Mackay 4,922 Christopher McPhillips 2,138 Darren Wercinski 5,409 Munna Yasiri 2,882 ADOPTED by the Eden Prairie City Council on this 9th day of November 2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE General-November 2,2004-Official Results 15 16 17 18 19 TOTAL 1 2 3 4 5 6 7 8� 11 12 13 14 imummamm. PRESIDENT&VPCobb/LaM ' 30 _ 1,134 0� .r: :rKerry/Edwards(DFL) 14960 r r r rBush/Cheney(Republican) Van Auken/Lawrence Calero/Hawkins(Socialist Workers) Harens/Ryan(Christian Freedom)) r r r riiiIiiIiiIIiIi& r r r IIiiI1IiIIii111111i1111! Wervotes US REP-DIST 3 1474789 115:55r ''' r 01421201 2001100 r r r r r lr r r r r r r r r33 70 76 150 STATE REP-DIST 42A Peter (Republican) 810 909 593 702 1044 Maria Ruud �• 711 827 560 663 0 0 0 3 r r • 0 0 0 0 ' ' btlervotes 67 90 68 90 108 i I 109 111111111.111 STATE REP-DIST 428Erik Paulsen 891 198E 13425 Carol Bomben D• ' r 0 3 r r r r r r r r r r 0 1 13 • 00 09 r r 40 167 1292 COUNTY COMMISSIONER-DIST 5 1072 792 ®� 700®� :Randy rr• rr COUNTY COMMISSIONER-DIST 6 Jeffrey Beck 345 416 257 330 ' ,. • . . - . , ! 4'11922: 806 911 586 7021, 7 1 5 r ' SOIL&WATER CONS SUPERVISOR-DIST 1 Kim N.Boyce 948 1073 689 882 1158 11821 764 632 1067 1333 757 1242 985 1274 858 1281 858 877 1602 19462 Write-Ins 15 7 6 6 12 14 5 6 15 11 10 10 11 15 9 18 7 8 13 198 Overvotes 0 0 0 1 0 1 0 0 0 0 1 0 0 0 0 0 0 0 0 3 btlervotes 625 746 532 569 868 828 658 464 760 I 978 785 1138 745 896 724 885 595 579 1359 14734 Page 1 of 8 SOIL&WATER CONS SUPERVISOR-DIST 3 Write-ins 55 73 54 57 59 89 53 62 74 104 43 71 83 98 61 93 59 60 99 1347 Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 bldervotes 1533 1753 1173 1401 1979 1936 1374 1040 1768 2218 1510 2319 1658 2087 1530 2091 1401 1404 2875 33050 SOIL&WATER CONS SUPERVISOR-DIST 5 Gregory J.Bownik 122 147 103 118 172 201 105 103 134 185 90 177 148 170 97 168 92 97• 196 2626 Michael Wyatt 296 364 220 284 441 429 261 231 342 421 322 404 359 427 282 418 246 255 574 6576 Jonathan M.Burris 164 205 127 185 175 186 128 115 210 239 132 254 176 257 140 274 177 186 235 3565 Kevin W.Rodewald 210 220 140 153 219 207 133 108 192 247 121 235 176 230 140 231 163 130 308 3563 Write-In 4 4 7 8 7 7 4 4 11 13 9 5 5 8 10 6 8 11 8 133 Overvotes 2 9 1 2 7 5 3 3 8 7 2 7 4 6 5 2 4 5 10 92 hUervotes 790 877 629 708 1017 990 793 538 945 1210 877 1308 873 1087 917 1085 770 780 1643 17837 CITY COUNCIL MEMBERS Sherry Butcher 704 835 552 623 872 915 576 380 727 960 401 972 740 865 640 913 583 607 1087 13952 Darren Wercinski 354 287 181 154 399 339 144 91 331 335 91 393 231 474 241 367 197 339 461 5409 Larry S.Kacher 339 518 368 332 554 434 319 236 453 741 229 449 386 573 394 566 408 414 774 8487 • Christopher McPhillips 70 115 58 116 98 120 73 135 108 133 144 144 124 121 105 151 94 59 170 2138 Brad Aho 611 677 431 594 829 670 615 385 612 925 275 632 508 893 475 836 684 560 1161 12373 Munna Yasiri 129 140 126 150 172 260 149 79 148 195 145 192 164 156 128 160 100 111 178 2002 Nina MacKay 219 263 157 252 272 274 207 210 345 283 234 363 301 316 214 297 178 175 362 4922 Write-ins 10 1 5 4 6 8 5 5 9 5 15 9 9 13 5 9 5 6 13 142 Overvotes 0 2 0 2 2 4 0 2 2 0 2 6 2 0 2 4 0 6 6 42 bldervotes 740 814 576 689 872 1026 I 766 681 949 1067 1570 1620 1017 959 978 1065 671 651 1736 18447 SCHOOL DIST 272 SPECIAL ELECTION Obstion 1 _..... Yes 348 773 6441 735 1083 994 729 211 953 1226 690 1132 797 1190 838 1060 780 974 1618 16776 No 275 691 536 682 809 943 620 236 812 1010 586 1032 867 929 659 1044 638 459 1230 14058 Overvotes 1 0 0 0 0 1 0 0 0 1 3 3 1 1 1 1 1 0 2 16 bldervotes 9 43 47 41 66 87 78 30 .I. 77 I....,.._85..._...,..274_..,,223......_.....76 _.. 65 93 , 79........41....._..,.._31.,.. ...124...._.......1569 Y _Yes 326 712 593 655 1003 917 652 193 878 1142 575 979 714 1119 779 1002 723 954 1505 15421 _No 283 643 517 707 754 903 613 232 757 945 565 1020 864 938 649 1046 646 421 1226 13720 _Overvotes 0 0 1 0 0 0 0 0 0 0 0 0 1 1 0 1 0 0 2 6 btervotes 24 152 116 96 201 205 162 52 207 235 413 391 162 127 163 135 91 89 241 3262 ASSOCIATE JSTICE 6 Alan C.Page(Incumbent) 936 1142 738 876 1187 1167 7501 617 10301 1297 658 1214 997 1285 872 1241 820 889 1697 19413 Tim Tingelstad 316 343 206 264 399 371 305 255 358 464 267 414 301 396 260 491 328 234 501 6473 Write-ins 1 0 1 3 0 4 2 1 4 1 2 1 5 1 1 0 0 0 3 30 Overvotes 0 0 0 0 1 0 0 0 0 0 0 1 0 2 0 1 0 0 0 5 bldervotes 335 341 282 315 451 483 370 229 450 560 626 760 438 501 458 451 312 341 I 773 8476 ASSOCIATE JBTICE 2 Helen Meyer(Incumbent) „866 1016 �633 ...._:....794 10691 1082 _........7141 6001 980 1253 684 1110 852 1171 749 11541 799 801 1510 17837 Write-ins 9 3 6 9 3 8 4 51 10 9 12 6 8 15 2 9 4 2 11 135 Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 bldervotes 713 807 588 655 966 935 709 497 852 1060 857 1274 881 999 840 1020 657 661 1453 16424 Page 2 of 8 0 M G co .0)m N 'CC' d) J. 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' I 1 1 , 1 I JDGE 27 ILajune Thomas Lange(Incumbent) I 5961 702I 4601 509I 6921 738 462 4031 665 7931 4441 789I 6141 810I 5181 7631 5421 5381 9871 12025 Kevin J.Kolosky 363 446 248 334 468 447 308 2531 397 532 266 464 358 462 305 543 330 265 536 7325 Write-1ns 1 0 0 5 0 5 1 1 4 4 2 2 6 3 5 1 0 1, 2 43 Overvotes 0 1 0 0 0 1 0 0 0 1 0 0 0 1 0 0 0 0 0 4 bblervotes 628 677 519 600 878 834 656 445 776 992 841 1135 763 909 763 877 588 660 1449 14990 JDGE 2 _... .., H.Peter Albrecht(Incumbent) 792 929 581 720 970 991 624 561 907 1150 608 994 768 1068 657 1070 719 731 1357 16197 Write-Ins 4 1 3 6 2 10 2 3 9 5 7 6 8 8 3 5 2 4 6 94 Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 2 _bldervotes 792 896 643 732 1066 1024 801 538 926 1167 938 1390 1 965 1109 931 1109 737 729 1611 18104 ..... ... ..... ..... , ..., ... ,.._ ._.. l_ TOTAL JDGE 5 _Catherine L.Anderson(Incumbent) 772 927 572 721 959 1006 629 552 912 1158 616 1001 775 1073 658 1071 728 722 1361 16213 Write-Ins 5 2 4 8 1 9 1 0 5 7 8 2 5 12 3 4 3 4 4 37 Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 1 bldervotes 811 897 651 729 1078 1010 797 550 925 1157 929 1387 961 1099 930 1109 729 738 1609 18036 JDGE 7.. Heidi Schellhas(Incumbent) m 769 920 573 714 952 1001 627 547 904 1152 613 994 775 1066 653 1068 724 717 1361 16130 Write-Ins 6 2 4 6 2 9 2 0 9 7 7 5 6 10 3 6 1 " 1, 4 90 Overvotes 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 1 bdervotes 813 904 650 738 1084 1015 798 555 929 1163 933 1390 960 1109 935 1110 735 746 1609 16176 JDGE 8 —Kevin S.Burke(Incumbent) 780 937 587 734 975 1005 736 5741 924 1172 608 1025 771 1067 665 1084 730 728 1375 16477 _Write-ins 5 2 3 7 1 11 1 1 8 6 8 8 6 10 3 6 2 3 4 95 Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 bblervotes 803 887 637 717 1062 1009 790 527 910 1144 937 1357 964 1108 923 1094 728 733 1595 17926 JDGE 13 . _Regina Chu(Incumbent) 771 921 568 715 949 997 621 549 911 1136 615 978 768 1066 652 1058 726 717 1355 16073 _Write-ins 7 2 4 7 3 8 3 2 9 10 7 4 6 13 1 4 5 0 7 102 _Overvotes 0 0 0 0 0 0 1 •0 0 0 0 0 0 0 0 0 0 0 0 1 bblervotes 810 903 655 736 1086 1020 802 551 922 1176 931 1408 967 1106 938 1122 729 747 1612 18221 . Isabel Gome(Incumbent) 783 920 577 717T 962 mm1009 625 545 918 1151 609 984 774 I 1064 657 I�1063 721 717 1354 16160 _Write-Ins 5 4 5 6 6 9 2 2 8 11 6 4 8 11 4 7 2 1 3 104 _Overvotes 0 0 0 0 0 0 0 0 1 1 0 0 08 0 0 0 0 0 0 2 bldervotes 800 902 645 735 1070 1007 800 555 915 1159 938 1402 959 1110 930 1114 737 746 1617 18141 K.,...., ... ._._.._.._._.. .. ._...,..._._. .., µ _ JDGE 21 _Mel Dickstein(Incumbent) 769 901 569 695 934 9751 607 536I 898I• 1128 586 963 764 1035 638 1053 04 706 1332 5793 _Write-ins 4 1 2 6 1 9 1 3 7 2 9 3 6 9 3 3 4 2 3 76 Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 bldervotes 815 924 656 757 1103 1041 819 563 937 1192 958 1424 971 1141 950 1128 752 756 1639 18526 L._..._ :' I. I...._ ___.,,.._._.__•..--1 ._ --- . .--._..._._. -,_ .. JOGE 23 William R.Howard(Incumbent) 773 900 555 695 9331 9751 604I 542 905I 1123 - 592r 970 755 1043 634 1042 704 710 1326 15761 Write-ins 4 2 3 6 1 9 0 1 5 2 9 4 7 10 2 7 6 1 4 83 Overvotes 2 1 0 0 1 1 0 0 1 01 2 0 1 0 0 0 1 1 2 13 bldervotes 809 923 I 669 757 1103 1040 823 559 931 1197 1 950 1416 978 11132 955 1135 749 752 1642 18620 Page 4 of 8 ' — • ' ' " • ' Marilyn Justman Kaman(Incumbent) 778 904 560 699 937 992 613 547 900 1128 601 967 767 1044 642 1052 708 710 1325 16874 Write-ins 4 1 4 7 2 8 1 1 7 3 8 3 6 7 2 4 2 1 6 71 Overvotes 0 1 0 0 1 0 0 0 0 0 0 0 1 0 0 0 1 ti htlervotes 806 920 663 m 1099 1024 813 554 935 1191 944 1420 968 M 946 1128 750 753 1642 18440 , ,,,.• . .- . -, . , • Steve Pihlaja(Incumbent) 772 896 550 687 929 980 597 539 8991 1117 591 951 751 1032 631 1037 703 704 1316 16602 Write-ins 4 1 4 6 1 6 0 1 6 6 8 5 1111.11=111151 1 6 2 3 5 78 Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 1 0 0 0 2 Wervotes 812 929 673 765 1108 1039 830 562 937 1199 954 1434 984 1145 959 1140 755 757 1653 18636 I I TOTAL • — , A • , Gary Larson(Incumbent) 777 904 552 696 931 978 604 541 9051 1132 596 966 753 1038 628 1045 708 704 1323 15731 Write-ins 4 1 3 7 1 10 0 0 4 1 12 4 9 1111•11•1131.11119 5 3 5 82 _ Overvotes 0 1 0 0 0 0 0 0 1 0 0 1 0 1 0 0 0 0 0 4 Wervotes 807 920 672 755 1106 1037 MDMEEM 932 1189 945 1419 979 1139 960 1136 747 757 1646 18530 Katherian Roe(Incumbent) 775 897 552 703 934 9851 619 540 902 1137 601 963 760 1040 634 1048 707 704 1331 15032 Write-ins 511.111EMB 6 3 8 0 0 7 2 10 2 5 10 4 4 4 1 3 80 Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 _ bldervotes 808 926 672 749 1101 1032 806 562 NICEMEIDEM 942 1425 976 1135 953 1132 749 759 1640 18485 E.Anne McKinsey(Incumbent) 771 900 556 700 932 985 612 538 894 1128 593 972 760 1041 641 1050 704 708 1336 15821 Write-ins 6 2 3 7 2 11 11 1 6 2 10 4 6 7 1 3 3 1 4 80 Overvotes 1 0 0 0 0 0 0 0 0 0 1 0 0 1 0 0 0 0 0 3 Wervotes 810 924 668 751 1104 1029 814 563 942 1192 949 1414 975 1136 949 1131 753 755 1634 18493 Mark Wernick(Incumbent) 773 895 552 694 925 977 602 536 896 1122 591 960 752 1035 631 1046 700 705 1314 15706 Write-ins 4 1 2 6 2 7 1 2 6 2 8 4 7 8 2 6 1 3 4 76 Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 1 0 1 3 btlervotes 811 930 673 758 1111 1041 824 564 940 1198 954 1426 982 1141 958 MIEURCII 756 1655 18612 I I I I John J.Sommerville(Incumbent) 768 895 552 698 929 979 605 536 901 1124 597 965 754 1039 631 1046 708 707 1321 15765 Write-ins 3 1 MEM= 1 10 2 1 7 3 7.11.111=1/ 7 2 5 2 2 3 76 Overvotes 0 2 0 0 0 1 0 1 0 1 0 1 1 0 0 0 0 1 1 9 Wervotes 817 928 671 755 1,108 1035 820 564 934 1194 949 1419 981 1139 958 1133 750 754 1649 18550 Lucy Ann Wieland(Incumbent) 766 9011 560 701 940 998 619 531 900 1131 603 987 761 1051 641 1057 709 705 1336 16897 Write-ins 7 1 4 MAME 6 3 4 7 3 a 3 10 9 3 3 1 1 3 84 Overvotes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Wervotes 815 924 663 751 1096 1021 805 567 935 1188 942 1400 970 1125 947 1124 750 758 1635 18415 IIIMINIMIE I .111111.1111. M111111•1111 Pagc 5 of 8 4 S' N i,' N N- CY tD1 n, Nn �y • at LW p O V Q C7 •Q. CO M CD o CD p N CO co CO CI• CO ✓ fD (r0j N st O) N M N N JrNr c• co o • 0 1.0 co 004 r M T N fPI s- - ND 17) - N (Np r "D a r CO ^N T N o o r N a ccoo M p 00 N N N 7' a, co c co N —g D,aN p N MoPt ....n•.•. at 0 •- Nh ,.Np N N N M • -CO n 0 n O o ✓. v N ti N N N v 0),N N ONni rNV' N N N a� d.N p 1D CO: : .:! .N N••••4' a•.•. r M COO CO M N N N N W bo - C W O N N N 0 st N CO NI. a 0 (h ^ CDD N N t0 N po LO N.M M O p N N T cl 01 cop - L...�CO n N N ▪ N n CO 0 6, C O • N N p••.••.•.P P..•.•.•.C.•:: 1- 7PO N 0 p b M • d' n co N N d N ^ N M JM N fD vt 'V' co 0 N N ✓ ti CO - N N N fD o o • N O op an- N CO • N F N NNN N. co co NCO r to cc, 1- co • m E o • c o o u 'a u nd a cu a, to W` : ' y G C 0_ Cl �O • O r �, R¢ 0 C N N -2 a ar ;9 ! m m CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 9,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:VI.F. David Lindahl,Economic Development Manager/ Additional Appointment to MCA Task Force Community Development Requested Action Move to: Appoint Scott Anderson, President of Rosemount Flow Division — Emerson Process Management,to the Major Center Area Study Task Force. Synopsis Staff is recommending that a representative from Emerson Process Management be appointed to the MCA Task Force. Rosemount/Emerson is one of the largest and oldest businesses in Eden Prairie, situated on a large 35 acre campus located on Technology Drive in the heart of the study area. The City obtained an easement from Emerson in 2003 for a possible future roadway connection between Singletree Lane and Technology Drive.The addition of Scott Anderson will increase the Task Force membership to fourteen, and will bring another important perspective to the group. Background Information The City is beginning the first comprehensive study of the Major Center Area since the original MCA Plan was adopted as part of the City's Comprehensive Plan in 1973.Key components of the study will include transportation,way finding, land use and redevelopment.The Task Force will play a vital role in the study by evaluating the scope of work and providing valuable input as the study progresses. Attachments Updated Task Force Roster MCA Study Task Force The following is a list of participants in the MCA Task Force. The primary role of this group is to confirm the general scope of the study, and to provide input to staff and the consultant as the study progresses. Name Company Representing Direct/Cell/Fax Email Address 1 Patrick Sarver Hartford Group Real Estate D) 746-1210 psarver(c�hartfordgrp.com 12100 Singletree Lane Dir. Of Land Planning Development F)746-1201 Suite112 55344-7933 2 Greg Olsen Anchor Bank Banker D)942-7522 Greg olsen(c�anchorlink.com 566 Prairie Center Drive VP Commercial EP Resident F)942-7802 55344-7917 Lending 3 Bill Burgess Walmart Retailer D)829-9040 Renrxaol.com 12195 Singletree Ln Store Manager F) 829-9007 55344 4 Ed Flaherty Lariat Co. Developer D)952-943-1404 joiner8443@aol.com 8443 Joiner Way President/Resident x-303 55344 5 Alan Young General Growth EP Center D)525-2635 ayounq generalgrowth.com 125 Eden Prairie Center General Manager F) 941-7316 C) 612-308-5707 6 Pat Mulqueeny EP Chamber Business Association D)944-2830 pat.mulqueeny@epchamber.org 7901 Flying Cloud Drive President F)944-0229 55344 7 Mark Namtvedt Noresman Business Owner D) Mtweets001(cilatt.net 8110 Eden Road Oil EP Resident C)952-200-5556 Suite 201 55344 8 Louise Pelcher The Colony Resident of MCA D)934-2350 daly(a�the-colonv.orq (not Louise's 431 Prairie Center Drive Resident—Retired Senior Rental Housing Ipelcher@aol.co email) 55344 Nurse (mtg. space for 10) m Property Manager 828-9500 9 Terry Pearson Allaris Resident of MCA 952-946-9668 tpearson@allarismed.com 10827 Leaping Deer Townhouse 800-788-6245 Lane X5062 Eden Prairie, MN 55344 10 Melody Denyer Lincoln Parc Apartment Project D)746-1230 melodylinconparc.com 12100 Singletree Lane Property Manager (mtg. space) C)612-221-9686 Suite 100 55344 11 Kathy Nelson City of EP Planning Commission Nelso309@tc.umn.edu 8983 preserve Blvd. Member EP Resident Eden Prairie, MN 55347 12 Ray Stoelting Community Planning D)651-634-0143 17943 Inverness Curve Board C)612-747-9565 Eden Prairie, MN 55347 EP Resident 952-975-3817 13 Jim Beaudette Sears SEARS D)952-944-4890 jbeaude@sears.com 14 Scott Anderson Rosemount Engineering Emerson Process D)952-828-3582 Scott- 12001 Technology Drive Management rfd.anderson@emersonprocess.com Eden Prairie, MN 55344 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing November 9,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 04-10 ITEM NO.:VII.A. Dave Olson Vacation of Drainage and Utility Public Works/Engineering Easements in Leona Addition Requested Action Move to: • Close the public hearing;and • Adopt a resolution vacating the drainage and utility easements within Lots 1,2 and 3,Block 1,Leona Addition Synopsis The property owner has requested this vacation to remove underlying easements resulting from previous platting. Removal of the underlying easements will accommodate a clear replat of the property. The final plat of Best Buy Second Addition was approved by the City Council on October 19,2004. The property owner has dedicated appropriate easements within the new plat. Attachments • Resolution • Vacation Drawings: o Location Map o Vacation Drawing CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN LEONA ADDITION VACATION 04-10 WHEREAS, the City of Eden Prairie has certain Drainage and Utility Easements described as follows: All utility and drainage easements within Lots 1, 2 and 3, Block 1,Leona Addition, according to the recorded plat thereof,Hennepin County,Minnesota, as dedicated in said plat of Leona Addition. WHEREAS, a public hearing was held on November 9, 2004, after due notice was given to affected property owners and published in accordance with M.S.A.412.851; and WHEREAS, it has been determined that the said Drainage and Utility Easements are not necessary and have no interest to the public,therefore, should be vacated. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Drainage and Utility Easements as above described are hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on November 9, 2004. ATTEST: Nancy Tyra-Lukens,Mayor SEAL Kathleen A.Porta,City Clerk LOCATION MAP NORTH V 'N' --------_____ Yb ' iz, 1. _.\ 1-----------......... .,,...,,,_,,.,„ s'`•,,,, ,i —__T—T__\----- \_. SITE '''''' '''' ____] • ;,' 1 T I.QNA RU 4 , I . !7 / (7 6 El rj+f W �� I .rj 10110.--- ______, :. I I 77 . 5INGLEIREE LANE (I L — —17 • .k---4( 5—\\ . • VAC.04-10 • :111jt -4 1 41 — 4 ` abo olz� h I------_-}_ 1 oZl i o n n o our iu oct 4 M I IA�� S££ N.q S p if 9f 7� /�s{y{• Acs °_ tp o • I ...„Z J ` 0 4 2,Z O.%N I OZZ w Q I I V I 1 W. 4k a I___Poi _k_ , .1Zo.I.K `h auel E-4 1.4.., r,-----+-i- Ozz a -.ti O cn 4 I � co . — 11_ — — OZZ T a 5'£F'°N'9"S P"d `9 t°7 0 N V P4. j.`/ qNA A I c W .fir' vi y V .O. k Q j `v {\•1 9,Zo./N 4, a `R Z pi, Uq C...) C ti • -s y a I ,.. `e, o Ili ' co � I /Z W� W u) / rri 5c-°N .77S ions' .5 /07 Jo s 2 4 ----=61-i—el- ------zAI___ _ os o•PZE I. D , .. 1\ -owl- M;Z901$ + F. ,.• d r _.. .... �.... W Z tiJ •i`� '... (. ........ 6L 2 4 0 AS :s w 11Iacilno0 D. s�1 �f? <t-asoq:ctid pootj�,ioi iLcaw�so_� 0 id' 1 .6-91 0 AVM-1(,l-9 �-H - .----- U CO . \ Z. C6 \ Z W4. I— CO 0 O — .4 to N-- tC- • • to z • it • ` ....... Q Z Q C.? W • t'' VAC. 04-10 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing November 9,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 04-11 ITEM NO.: VII.B. Dave Olson Vacation of Right-of-Way in Cedar Public Works/Engineering Forest First Addition Requested Action Move to: • Close the public hearing; and • Adopt a resolution vacating the Right-of-Way adjacent to Lot 7,Block 1, Cedar Forest First Addition as further described in the vacation resolution Synopsis The property owner has requested this vacation to accommodate an addition to their home and associated landscaping. Vacation of the 30-foot wide right-of-way will enable inclusion of the vacated area into the property and allow setbacks to the house addition to be measured from the revised property line. This right-of-way was originally dedicated to the public in the plat of Cedar Forest First Addition for use as a vehicle turn-around and with the extension of Valley Road, into the adjacent plat of Seven Pines, is no longer needed for this purpose. A drainage and utility easement will be preserved over the entire vacated area. Attachments • Resolution • Vacation Drawings: o Certificate of Survey o Location Map o Vacation Drawing CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. VACATION OF RIGHT-OF-WAY IN CEDAR FOREST FIRST ADDITION VACATION 04-11 WHEREAS, the City of Eden Prairie has a certain Right-of-Way for Valley Road described as follows: Commencing at the northwest corner of Lot 7, Block 1, Cedar Forest First Addition; thence South on the West line of said Lot 7, a distance of 94.00 feet to the point of beginning of that part of Valley Road as platted in Cedar Forest First Addition recorded in the Office of the County Recorder, Hennepin County, Minnesota;thence continuing South 30.00 feet;thence East 120.00 feet to a point on the South line of said Lot 7; thence North 30.00 feet; thence West 120.00 feet to the point of beginning and there terminating. WHEREAS, a public hearing was held on November 9, 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 is not necessary and has 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 as above described is hereby vacated subject to a permanent drainage and utility easement being retained over the entire parcel. 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 November 9,2004. ATTEST: Nancy Tyra-Lukens,Mayor SEAL Kathleen A.Porta, City Clerk NORTH LOCATION MAP NOR °�'/ I -41, 1�.� 00f.. 1`--R4GERS �....•� - 11 • — i 777\ . - - ' _..,, ______------- 0\`,Ic'A\\ .0-j\___.,—.-----7. ... &O •• ..s. ' . • 0 . " •. • 1 FG0 . r/ H yr..'ic. 0 • (r..---", .., . t.-•,?-tc) , o , __. ' ' • . %,.. -'..• • • '--- ,,,./ ,-,---- •t ' . ..\___ :.---- i . ..... ... ti..:.a. 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CARDARELLE Lend Surveyor, Inc. Land Surveyor (612) 941-3031 6440 Flying Cloud Drive Eden Prairie, MN 55344 izrtth at of w i i Survey For Aa a r o n Casper Book . Page . File ;F 4 r, 17140 Valley Road Eden Prairie , MN Scale : 1 "=30 ` o Denotes Iron Mon , Found ,:fag:?% G -i' r4Uti1ity & Drainage Esnit. - ,. .. -- i t.n h, t xi` 1 05.E i ..... I Cl--- 78.2 S o r w \ i\.i ,a T1i140 a ~ a I `i u 78.7 2 ,3 \� 1 c ti\, 1 L3 4 1 ; ------Portion of Valley Road ' � • ,p io be vacated } � • � , J ,i ✓j M V.A•LLEY ROAD .. i I -- Center Li-rie-3 — V t`� ii 1 , • i Y. — --- . I VAC 04-11 CITY COUNCIL AGENDA DATE: November 9, 2004 SECTION: Payment of Claims DEPARTMENT: 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 135095 - 135610 Wire Transfers 2116—2132 Background Information Attachments City of Eden Prairie Council Check Summary 11/9/2004 Division Amount General 60,440 100 City Manager 991 101 Legislative 622 102 Legal Counsel 34,944 110 City Clerk 239 111 Customer Service 39,025 112 Human Resources 1,204 113 Communication Services 32,026 114 Benefits&Training 12,087 115 Risk Management 3,527 116 Facilities 21,783 117 City Center 73,858 130 Assessing 121 131 Finance 5,441 132 Social Services 21,482 133 Community Development 497 135 Information Technology 28,168 136 Wireless Communication 4,958 137 Economic Development 1,270 150 Park Administration 2,335 151 Park Maintenance 11,490 153 Athletic Programs 3,806 154 Community Center 37,823 156 Youth Programs 4,876 157 Special Events 2,178 158 Senior Center 2,694 159 Recreation Administration 520 160 Therapeutic Recreation 1,393 161 Oak Point Pool 441 162 Arts 1,126 163 Outdoor Center 764 164 Park Rental Facilities 195 180 Police 23,118 183 Civil Defense 60 184 Fire 9,485 185 Animal Control 1,507 186 Inspections 1,273 200 Engineering 414 201 Street Maintenance 61,370 202 Street Lighting 52,600 203 Fleet Services 45,718 204 Equipment Revolving -284 301 CDBG 26,133 303 Cemetary Operation 533 304 Senior Board 58 308 E-911 1,481 309 DWI Forfeiture 131 316 WAFTA 2,967 416 Certificate Debt Fund 8,939 425 Bldg Refunding Bonds 2004 9,078 502 Park Development 49,121 503 Utility Improvement 232,518 505 Utility Reserve 2,710 506 Improvment Bonds 1996 70,737 507 Construction Fund 8,472 509 CIP Fund 216,293 511 Construction Fund 16,554 515 Fire Station#4 1,969 601 Prairie Village Liquor 116,002 602 Den Road Liquor 163,467 603 Prairie View Liquor 112,238 605 Den Road Building 228 701 Water Fund 65,481 702 Sewer Fund 198,874 703 Storm Drainage Fund 12,287 803 Escrow Fund 7,217 806 SAC Agency Fund 1,350 807 Benefits Fund 627,784 Report Totals 2,560,204 City of Eden Prairie Council Check Register 11/9/2004 Check# Amount Vendor/Explanation Account Description Business Unit 2116 24,598 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2117 125,075 WELLS FARGO MINNESOTA N A Employees SS&Medicare Health and Benefits 2118 10,078 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2119 15,236 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2120 71,296 PUBLIC EMPLOYEES RETIREMENT Benefit payments Health and Benefits 2121 18,017 ANCHOR BANK Interest Bldg Refunding Bonds 2004 2123 1,860 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2124 3,713 WELLS FARGO MINNESOTA N A Benefit payments Health and Benefits 2125 445 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 2126 67,682 MINNESOTA DEPT OF REVENUE Sales Tax Payable Water Enterprise Fund 2127 10,200 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2128 15,286 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2129 24,481 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2130 123,746 WELLS FARGO MINNESOTA N A Benefit payments Health and Benefits 2131 14,265 DELTA DENTAL PLAN OF MN Dental Health and Benefits 2132 71,021 PUBLIC EMPLOYEES RETIREMENT Employees PERA Health and Benefits 135095 230 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 135096 25 ACKERBERG,ROXY Program Fee Classes/Programs/Events 135097 1,760 ANOKA COUNTY SHERIFFS OFFICE Tuition Reimbursement/School Police 135098 2,016 ARCH PAGING Pager&Cell Phone Wireless Communication 135099 558 ASPEN WASTE SYSTEMS INC. Waste Disposal Water Treatment Plant 135100 576 BARNES,JASON E Instructor Service Fall Skill Development 135101 25 BEAUCHAMP,LYNN Program Fee Classes/Programs/Events 135102 1,672 CAMPBELL KNUTSON,P.A. Legal WAFTA 135103 15 CHAMPINE,RUTH Program Fee Outdoor Center 135104 25 COTY,LORRAINE Program Fee Classes/Programs/Events 135105 258 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 135106 30 CULLIGAN-METRO Operating Supplies Outdoor Center 135107 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 135108 25 DOVER,RUTH Program Fee Classes/Programs/Events 135109 258 EDEN PRAIRIE ROTARY CLUB Operating Supplies Prairie View Liquor Store 135110 1,295 GEOMATRIXCONSULTANTS INC Other Contracted Services WAFTA 135111 417 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow 135112 25 HANSON,KAY Program Fee Classes/Programs/Events 135113 25 HAUSER,BETTY Program Fee Classes/Programs/Events 1.35114 25 HILGERS,MARGARET Program Fee Classes/Programs/Events 135115 25 HUGHES,LORRAINE Program Fee Classes/Programs/Events 135116 25 KESTER,EVELYN Program Fee Classes/Programs/Events 135117 25 LAURO,SUSANNA Program Fee Classes/Programs/Events 135118 15 LEAGUE OF MINNESOTA CITIES Insurance Risk Management 135119 295 LERN Dues&Subscriptions Recreation Administration 135120 25 LINDEN,ROSE Program Fee Classes/Programs/Events 135121 25 MACDONALD,ELAINE Program Fee Classes/Programs/Events 135122 9 MARCHESSAULT,VIRGINIA Program Fee Classes/Programs/Events 135123 5 MARTINKA,BOB Program Revenue Arts Initiative 135124 796 MEALS ON WHEELS Other Contracted Services Housing,Trans,&Human Sery 135125 3,641 METRO SALES INCORPORATED* Other Rentals General 135126 270 METROPOLITAN AREA PROMOTIONS C Other Contracted Services Communication Services 135127 373 MINNESOTA HORSE&HUNT CLUB Other Rentals Police 135128 11,754 MINNESOTA UC FUND Unemployment Compensation Employee Benefits 135129 1,438 MINNESOTA VALLEY ELECTRIC COOP Electric Sewer Liftstation 135130 735 MINNESOTA'S BOOKSTORE Operating Supplies Inspections-Administration 135131 158 MOTOROLA Pager&Cell Phone Police 135132 585 NAIOP Dues&Subscriptions Economic Development 135133 1,516 PARK NICOLLET CLINIC Other Contracted Services Risk Management 135134 25 PAULSEN,CAROLE Program Fee Classes/Programs/Events 135135 6 PLOEN,ARLE f1 b Program Revenue Arts Initiative 135136 73 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 135137 1,550 QWEST Telephone Sewer Liftstation 135138 1,050 QWEST COMMUNICATIONS Pager&Cell Phone Police 135139 10 RANNOW,DAVID Program Fee Cummins House Special Events Check# Amount Vendor/Explanation Account Description Business Unit 135140 25 RUMFORD,JOAN Program Fee Classes/Programs/Events 135141 25 SCHUG,DIANA Program Fee Classes/Programs/Events 135142 69 SUNRISE FIRE PROTECTION Fire Prevention Permits General Fund 135143 48 TKACH,GEORGE Other Contracted Services Classes/Programs/Events 135144 25 TRUTNA,TONI Program Fee Classes/Programs/Events . 135145 33 TSCHURL,IRENE Program Fee Cummins House Special Events 135146 478 US POSTMASTER-HOPKINS Postage Classes/Programs/Events 135147 65 VICTORIA,CITY OF Conference Expense Finance 135148 38 WAIVERONLINE Events/Admission Fee Teen Programs 135149 25 WENZEL,ELINOR Program Fee Classes/Programs/Events 135150 51 WILSON,JOHN D. Travel Expense Police 135151 6 WOLF CAMERA Operating Supplies Police 135152 80 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 135153 6 AIRLINK COMMUNICATIONS INC Software Maintenance Information Technology 135154 40 ALCOHOL&GAMBLING ENFORCEMENT Licenses&Taxes Prairie View Liquor Store 135155 18 ANDERSEN,ANN Lessons&Classes Ice Arena 135156 150 ATOM Tuition Reimbursement/School Police 135157 332 BLOOMINGTON,CITY OF Other Contracted Services Animal Control 135158 40 BOLD,PAULINE Instructor Service Outdoor Center 135159 100 BRAGG,ANNALISA Instructor Service Outdoor Center 135160 89 BUSINESS JOURNAL,TIE Dues&Subscriptions Assessing 135161 96 CAMPOS,LORI Instructor Service Outdoor Center 135162 1,080 CLIMB THEATRE Instructor Service Drama Camp 135163 771 ESCHELON TELECOM INC Equipment Repair&Maint Telephone 135164 375 H M CRAGG CO Equipment Repair&Maint Wireless Communication 135165 482 HENNEPIN COUNTY VT DEPT Software Maintenance Infonnation Technology 135166 26 HENNEPIN COUNTY TREASURER Other Contracted Services Parks Administration 135167 225 HOOGENAKKER,KATHLEEN Conference Expense Finance 135168 120 HUTCHINS,BRUCE Licenses&Taxes Inspections-Administration 135169 212 IND SCHOOL DIST 272 Transportation Day Camp 135170 230 INSIGHT PUBLIC SECTOR Operating Supplies General Facilities 135171 5 KESTI,ANGELA Program Fee Outdoor Center 135172 67 L&R SUBURBAN LANDSCAPING Building Permits General Fund 135173 569 LANZI,BOB Mileage&Parking Community Center Admin 135174 179 LAW ADVISORY GROUP Conference Expense Police 135175 23,564 LOGIS LOGIS Infonnation Technology 135176 390 MAROTTA,VIC Instructor Service Summer Skill Development 135177 1,361 METRO SALES INCORPORATED* Software Information Technology 135178 125 MFEA Conference Expense Recreation Administration 135179 74 MINN ST ADMIN ITG TELECOM SERV Software Maintenance Information Technology 135180 79 MOTOROLA Equipment Repair&Maint Wireless Communication 135181 532 OFFICE DEPOT CREDIT PLAN Office Supplies Housing,Trans,&Human Sery 135182 77 PETTY CASH-EPCC Operating Supplies Girls on the Run 135183 308 PETTY CASH-NICOLE WEEDMAN Operating Supplies Afternoon Playground 135184 937 QWEST Telephone Wireless Communication 135185 342 RCM&ASSOCIATES Operating Supplies Telephone 135186 770 ROBICHONS THE IN-LINE SKATE SC Instructor Service Summer Skill Development 135187 266 SOFT VELOCITY Software Information Technology 135188 22 THERMEX CORP Cash Over/Short General Fund 135189 18,776 XCEL ENERGY Electric City Hall-CAM 135190 • 750 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 135191 460 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 135192 79 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 135193 72 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 135194 181 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 135195 3,633 BELLBOY CORPORATION Misc Taxable Prairie View Liquor Store 135196 332 D'VINE WINE DISTRIBUTORS Wine Imported Prairie Village Liquor Store 135197 7,019 DAY DISTRIBUTING Beer Den Road Liquor Store 135198 2,046 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 135199 15,329 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 135200 335 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 135201 959 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 135202 9,598 GRIGGS COOPER&CO Liquor Den Road Liquor Store 135204 23,501 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 135205 14,771 MARK VII Beer Prairie View Liquor Store Check TM Amount Vendor/Explanation Account Description Business Unit 135206 677 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 135207 1,843 NEW FRANCE WINE COMPANY Wine Domestic Prairie View Liquor Store 135208 4,237 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 135209 19,806 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 135210 497 PINNACLE DISTRIBUTING Operating Supplies Prairie Village Liquor Store 135211 2,148 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 135212 15,349 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store 135213 224 SPECIALTY WINES AND BEVERAGES Beer Den Road Liquor Store 135214 18,238 THORPE DISTRIBUTING Beer Den Road Liquor Store 135215 2,097 WINE COMPANY,THE Wine Domestic Prairie View Liquor Store 135216 2,204 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 135217 740 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store 135218 170 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 135219 102 BARONE,MICHAEL Other Contracted Services City Manager 135220 20 CAWLEY COMPANY,THE Office Supplies General 135221 58 CHAO,WEI Outside Water Sales Water Enterprise Fund 135222 178 CHOICE INC Other Contracted Services Prairie Village Liquor Store 135223 83 CULLIGAN BOTTLED WATER Operating Supplies Fire 135224 51 DORSEY,WILLIAM Outside Water Sales Water Enterprise Fund 135225 127 INSIGHT PUBLIC SECTOR Video&Photo Supplies Communication Services 135226 58 KRESS,CARLA Mileage&Parking Senior Center Administration 135227 75 MINNESOTA RURAL WATER ASSOCIAT Conference Expense Engineering 135228 602 PARK NICOLLET CLINIC Workers Comp Insurance Risk Management 135229 127 PITNEY BOWES Postage General 135230 344 PITNEY BOWES INC Other Rentals General 135231 12 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 135232 68 SCHULTZ,TIFFANY,VANSCOYK,CO Outside Water Sales Water Enterprise Fund 135233 160 SKATEVILLE Special Event Fees Special Events&Trips 135234 200 SOUNDS GREAT Other Contracted Services City Manager 135235 79 SUBWAY Operating Supplies Special Events&Trips 135236 70 TCALMC Conference Expense Water Utility-General 135237 1,232 THREE RIVERS PARK DISTRICT Other Contracted Services Leisure Education 135238 166 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 135239 103,782 XCEL ENERGY Electric Street Lighting 135240 33 ALL TEC LLC Fire Prevention Permits General Fund 135241 454 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance 135242 82 AT&T Pager&CeIl Phone Water System Maintenance 135243 399 BIGGAR,JERRAD Training Supplies Police 135244 287 BLOOMINGTON SECURITY SOLUTIONS Building Capital Outlay 135245 5,000 BOUMEESTER CUSTOM HOMES INC Deposits Escrow 135246 266 BUTCHER,SHERRY Mileage&Parking City Council 135247 145 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 135248 49 CORPORATE EXPRESS Operating Supplies Elections 135249 177 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Fire 135250 74 DEPARTMENT OF COMMERCE Abandoned Property General Fund 135251 255 EDEN PRAIRIE CENTER Awards City Manager 135252 20 FACILITECH Plumbing Permits General Fund 135253 43 FIRESIDE HEARTH&HOME Mechanical Permits General Fund 135254 91 GE CAPITAL Other Rentals General 135255 1,235 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance 135256 13,855 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 135257 131 HENNEPIN COUNTY ATTORNEY'S OFF Miscellaneous DWI Forfeiture 135258 494 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 135259 20 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 135260 205 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 135261 1,620 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 135262 54 LINDAHL,DAVID Mileage&Parking Economic Development 135263 24 MENARDS Equipment Repair&Maint Elections 135264 192,723 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 135265 2,123 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 135266 125 MINNESOTA RECREATION&PARK AS Conference Expense Parks Administration 135267 18 MORAN,JACK Operating Supplies Girls on the Run 135268 384 PETTY CASH Operating Supplies Classes/Programs/Events 135269 7,804 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 135270 7,360 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store Check# Amount Vendor!Explanation Account Description Business Unit 135271 203 PROP United Way Withheld General Fund 135272 13,000 PROP Other Contracted Services Housing,Trans,&Human Sery 135273 100 STEWART-HESTER,RENEE Other Contracted Services Recreation Administration 135274 120 STOCKWELL,WENDELL Licenses&Taxes Inspections-Administration 135275 10 TWIN CITY OXYGEN CO Operating Supplies General Facilities 135276 234 UNITED WAY United Way Withheld General Fund 135277 168 VERIZON WIRELESS BELLEVUE Pager&Cell Phone General Facilities 135278 4,548 XCEL ENERGY Electric Water Treatment Plant 135279 278 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store 135280 108 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 135281 53 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 135282 6,886 BELLBOY CORPORATION Operating Supplies Prairie View Liquor Store 135283 360 CAT&FIDDLE BEVERAGE Wine Domestic Den Road Liquor Store 135284 4,987 DAY DISTRIBUTING Beer Prairie View Liquor Store 135285 6,591 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store 135286 12,566 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store 135287 600 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 135288 153 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 135289 20,137 GRIGGS COOPER&CO Liquor Prairie View Liquor Store 135290 494 HOHENSTEINS INC Beer Den Road Liquor Store 135291 26,137 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 135292 10,214 MARK VII Beer Prairie View Liquor Store 135293 288 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 135294 232 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 135295 225 PACIFIC DIRECT Misc Taxable Den Road Liquor Store 135296 3,468 PAUSTIS&SONS COMPANY Wine Domestic Prairie View Liquor Store 135297 16,967 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 135298 2,963 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 135299 17,305 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 135300 23,009 THORPE DISTRIBUTING Beer Prairie View Liquor Store 135301 818 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store 135302 5,963 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 135303 1,897 WORLD CLASS WINES INC Wine Domestic Prairie View Liquor Store 135304 80 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 135305 1,900 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station#1 135306 89 AT&T Pager&Cell Phone Police 135307 100 ATOM Tuition Reimbursement/School Police 135308 141 BOGREN,ANN Travel Expense Police 135309 80 BOLD,PAULINE Instructor Service Outdoor Center 135310 80 CAMPOS,LORI Instructor Service Outdoor Center 135311 3,158 CENTERPOINT ENERGY Other Contracted Services Rehab 135312 600 D'ARCE,MARTIN Other Contracted Services Halloween Party 135313 3,472 DALCO ROOFING&SHEET METAL IN Building Capital Impr./Maint.Fund 135314 195 DEGREE,BETH Mileage&Parking Aquatics&Fitness Admin 135315 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance Information Technology 135316 120 FADDEN,TIMOTHY Licenses&Taxes Inspections-Administration 135317 38 FOX,VERNETTE Program Fee Classes/Programs/Events 135318 9,776 GAMAYUNOV,BORIS/LILYA Building Permits General Fund 135319 85 GE CAPITAL Other Rentals General 135320 336 GREATAMERICA LEASING CORP. Other Rentals General 135321 56,380 GREGERSON ROSOW JOHNSON&NILA Legal General 135322 720 HUEBSCH Operating Supplies City Ctr-Tenant Direct Costs 135323 121 KNIEFF,JOCELYN Memberships Community Center Admin 135324 6,071 MARSDEN BLDG MAINTENANCE Janitor Service City Ctr-Tenant Direct Costs 135325 164,291 MEDICA CHOICE Benefit payments Health and Benefits 135326 42 MENARDS Operating Supplies Special Initiatives 135327 8 MING,QIN Program Fee Tennis 135328 116 MINNESOTA CONWAY Operating Supplies Fire 135329 1,218 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 135330 217 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 135331 5,136 NORTHSHORE ADVISORS LLC Audit&Financial Finance 135332 780 NUR,ZINA Instructor Service Housing,Trans,&Human Sery 135333 8 QUICKSILVER EXPRESS COURIER Postage Communication Services 135334 389 QWEST Telephone City Hall-CAM 135335 3,440 RELIASTAR LIFE INSURANCE CO Disability Ins Employers Health and Benefits Check# Amount Vendor/Explanation Account Description Business Unit 135336 6,406 SENIOR COMMUNITY SERVICES Other Contracted Services Housing,Trans,&Human Sery 135337 175 ST PAUL,CITY OF Tuition Reimbursement/School Police 135338 15 STAR TRIBUNE Misc Non-Taxable Prairie View Liquor Store 135339 229 TIME WARNER CABLE Cable TV Fire 135340 200 WILDER,LOIS Other Contracted Services Trips 135341 219 XCEL ENERGY Electric Purgatory Creek Rec Area 135342 99 A TO Z RENTAL CENTER Other Rentals Riley-Jacques Barn 135343 69 BARKER,KATHRYN M Mileage&Parking Environmental Education 135344 60 BFI Other Rentals Special Initiatives 135345 100 BHATTACHAN,RASHMI Other Contracted Services Special Initiatives 135346 190 BIFFS INC Operating Supplies Fire 135347 100 CHANHASSEN DINNER THEATRE Special Event Fees Classes/Programs/Events 135348 285 DNR Licenses&Taxes Improvement Projects 1996 135349 90 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous In Service Training 135350 188 EGAN-MCKAY ELECTRICAL CONTRACT Improvement Contracts CDBG Fund 135351 863 JENNINGS EXPERIMENTAL HIGH SCH Other Contracted Services Sunbonnet Days 135352 66 KRESS,CARLA Special Event Fees Classes/Programs/Events 135353 1,256 LEAGUE MN CITIES INS TRUST Insurance Risk Management 135354 315 LEAGUE OF MINNESOTA CITIES Conference Expense City Council 135355 175 MAYNES,SIRENA Parking Permits Parking 135356 125 MEDINA ENTERTAINMENT CENTER Tuition Reimbursement/School Police 135357 2,130 MINNESOTA RECREATION&PARK AS Conference Expense Parks Administration 135358 270 PIONEER DRAMA SERVICE Other Contracted Services Cummins House Special Events 135359 132 POLYMERIC SYSTEMS INC Repair&Maint.Supplies Water Treatment Plant 135360 177 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 135361 72 RAINBOW FOODS INC. Operating Supplies Pool Special Events 135362 41 RICKETTS,LOIS Program Fee Classes/Programs/Events 135363 159 STOVRING,LESLIE Mileage&Parking Storm Drainage 135364 215 WONDERWEAVERS Other Contracted Services Pool Special Events 135365 649 ZIEGLER INC Other Rentals Special Initiatives 135366 80 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 135367 290 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 135368 80 CAMPOS,LORI Instructor Service Outdoor Center 135369 50 CONSTRUCTION MATERIALS INC Small Tools Street Maintenance 135370 1,800 NORTH AMERICAN PROPERTIES Deposits Escrow 13537I 419 PETTY CASH Operating Supplies Community Development 135372 508 QWEST Telephone Forest Hills Park 135373 139 RIDGEVIEW MEDICAL CENTER Other Contracted Services Risk Management 135374 40 TELEPHONE ANSWERING CENTER INC Other Contracted Services Water Treatment Plant 135375 256 WALMART COMMUNITY Miscellaneous Communication Services 135376 62 WERTS,SANDY Mileage&Parking Special Events Administration 135377 50 BOGREN,ANN Tuition Reimbursement/School Police 135378 18 CENTERPO1NT ENEGY Gas Crestwood Park 135379 299 CRACAUER,CLIFF Mileage&Parking Fleet Services 135380 15,225 EDEN PRAIRIE,CITY OF Improvements to Land Park Acquisition&Development 135381 150 GOLDEN VALLEY SUPPLY CO Repair&Maint.Supplies City Hall-CAM 135382 844 GYMBOREE PLAY&MUSIC Instructor Service Preschool Events 135383 57 HANLON,KIM Office Supplies Fire 135384 3,985 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 135385 723 HENNEPIN COUNTY TREASURER Board of Prisoner Police 135386 246 J H LARSON ELECTRICAL COMPANY Repair&Maint.Supplies City Hall-CAM 135387 226 KEATING,MARY Mileage&Parking Community Development 135388 47 LAPPIN,VIOLET Program Fee Classes/Programs/Events 135389 525 LAW BULLETIN PUBLISHING CO Other Contracted Services Economic Development 135390 59 LINDAHL,DAVID Other Contracted Services Economic Development 135391 68 LOWERY,THOMAS Travel Expense Police 135392 1,607 METRO SALES INCORPORATED* Other Rentals General 135393 25 MIDWEST ART FAIRS Advertising Cummins House Special Events 135394 25 MILES,SHARON Program Fee Classes/Programs/Events 135395 9 MINNESOTA DEPT OF PUBLIC SAFET Bike Registrations General Fund 135396 3,177 PURCHASE POWER Postage General 135397 388 SPRINT Software Maintenance Information Technology 135398 12 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 135399 1,185 STAR TRIBUNE Employment Advertising Human Resources 135400 9,988 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund Check# Amount Vendor/Explanation Account Description Business Unit 135401 50 TKACH,GEORGE Equipment Repair&Maint Senior Center Operations 135402 215 UNITED HEALTHCARE SERVICES INC Employee Assistance Employee Benefits 135403 74 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Police 135404 3,548 A P LAWN INC Building Repair&Maint. City Hall-CAM 135405 345 A TO Z RENTAL CENTER Operating Supplies Prairie Village Liquor Store 135406 649 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Water System Maintenance 135407 775 ABM EQUIPMENT AND SUPPLY COMPA Equipment Repair&Maint Fleet Services 135408 113 ACE TRAILER SALES Equipment Parts Fleet Services 135409 150 ACTION PLUS SPORTSWEAR Operating Supplies Girls on the Run 135410 83 ACTIVAR Repair&Maint.Supplies Water Treatment Plant 135411 3,001 AMERICAN ENGINEERING TESTING I Building Capital Impr./Maint.Fund 135412 345 AMERICAN PRESSURE INC Equipment Repair&Maint Water System Maintenance 135413 1,638 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 135414 866 APACHE GROUP Cleaning Supplies City Ctr-Tenant Direct Costs 135415 2,991 ASPEN EQUIPMENT CO. Other Rentals Park Maintenance 135416 29,630 AUDIOVISUAL INC Other Assets Communication Services 135417 186 AUTO ELECTRIC SPECIALISTS Equipment Parts Fleet Services 135418 156 BAN-KOE SYSTEMS INC Operating Supplies Community Center Admin 135419 84 BARNES,BELINDA A. Other Contracted Services Volleyball 135420 5,549 BAUER BUILT TIRE AND BAI I bRY Tires Fleet Services 135421 225 BCA-BTS Tuition Reimbursement/School Police 135422 8,770 BECKER ARENA PRODUCTS INC Repair&Maint.Supplies Ice Arena 135423 4,705 BERGO ENVIRONMENTAL SERVICES Other Contracted Services Improvement Projects 1996 135424 58 BERRY COFFEE COMPANY Office Supplies Senior Board 135425 411 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 135426 25 BLACK&DECKER,USPTG Repair&Maint.Supplies Water System Maintenance 135427 569 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Public Works/Parks 135428 756 BLOOMINGTON,CITY OF Other Contracted Services Animal Control 135429 636 BOYER TRUCKS SO.ST.PAUL Equipment Parts _Fleet Services 135430 537 BRAUN INTERTEC CORPORATION Testing-Soil Boring Charlson Area Construction 135431 333 BROCK WHITE CO Seal Coating Street Maintenance 135432 540 BROWN,PAUL Other Contracted Services Touch Football 135433 1,327 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 135434 17 CARDIAC SCIENCE INC Operating Supplies Police 135435 7,216 CARGILL SALT Salt Snow&Ice Control 135436 115 CATCO CLUTCH&TRANSMISSION SE Equipment Parts Fleet Services 135437 9,231 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 135438 2,023 CLAREYS INC Office Supplies General 135439 25 COMCAST IP SERVICES LLC Operating Supplies Police 135440 177,597 COMMERCIAL REFRIGERATION SYSTE Building Capital Impr./Maint.Fund 135441 536 CONCRETE CUTTING&CORING INC Repair&Maint.Supplies Storm Drainage 135442 176 CONSTRUCTION MATERIALS INC Small Tools Street Maintenance 135444 5,266 CORPORATE EXPRESS Office Supplies General 135445 576 CURTIS 1000 INC Office Supplies General 135446 12,252 CUTLER MAGNER COMPANY Chemicals Water Treatment Plant 135447 174 CY'S UNIFORMS Clothing&Uniforms Police 135448 857 CYNTHIA COOK INC Other Contracted Services Street Maintenance 135449 68 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 135450 108 DAVIES WATER EQUIPMENT CO Repair&Maint.Supplies Water System Maintenance 135451 64 DAVIS BUSINESS MACHINES INC Operating Supplies Concessions 135452 1,936 DECORATIVE DESIGNS INC Other Contracted Services City Center Operations 135453 2,379 DELL Computers Information Technology 135454 525 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary 135455 35 DIGI-KEY Equipment Parts Wireless Communication 135456 22,869 DIVERSE BUILDING MAINTENANCE Janitor Service Den Bldg.-CAM 135457 872 DNR SCREEN PRINTING INC Awards Touch Football 135458 588 DOHERTY,SANDRA L Other Contracted Services Volleyball 135459 6,457 EARL F ANDERSEN INC Signs Traffic Signs 135460 110 ECOLAB INC Building Repair&Maint. Maintenance 135461 146 EF JOHNSON Equipment Parts Wireless Communication 135462 875 ELVIN SAFETY SUPPLY INC Repair&Maint.Supplies Fire 135463 1,095 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire 135464 218 ENVIRONMENTAL RESOURCE ASSOCIA Operating Supplies Water System Maintenance 135465 889 ESCH CONSTRUCTION SUPPLY INC Repair&Maint.Supplies Storm Drainage 135466 870 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 135467 38 FIKES HYGIENE SERVICES Operating Supplies Prairie Village Liquor Store 135468 81 FISHER SCIENTIFIC Operating Supplies Water Treatment Plant 135469 113 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 135470 105 FORDAHL,TAMARA Other Contracted Services Volleyball 135471 984 FORE MECHANICAL,INC Building Repair&Maint. Public Works/Parks 135472 1,398 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 135473 583 GINA MARIAS INC Operating Supplies Fire 135474 321 GLOBAL PROTECTION LLC Operating Supplies Fire 135475 289 GOLFZONE Operating Supplies Summer Skill Development 135476 102 GRAFIX SHOPPE Equipment Parts Fleet Services 135477 3,979 GRAINGER Small Tools Fleet Services 135478 58 GRAYBAR Equipment Repair&Maint Telephone 135479 283 GRAZZINI BROTHERS&COMPANY Repair&Maint.Supplies Pool Maintenance 135480 312 GS DIRECT Operating Supplies Engineering 135481 978 GWS INC Clothing&Uniforms Den Road Liquor Store 135482 17,086 HANSEN THORP PELLINEN OLSON Building Park Acquisition&Development 135483 2,289 HARMON INC. Building Repair&Maint. City Hall-CAM 135484 14,712 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 135485 145 HARTMAN&HALLET Operating Supplies Police 135486 4,012 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 135487 63,833 HENNEPIN COUNTY TREASURER Design&Engineering Improvement Projects 1996 135488 504 HENRY,PAUL Other Contracted Services Volleyball 135489 62 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 135490 61 ICI DULUX PAINT CTRS Building Repair&Maint. Park Maintenance 135491 205 IND SCHOOL DIST 272 Printing Halloween Party 135492 453 INDUSTRIAL LIGHTING SUPPLY INC Repair&Maint.Supplies Water Treatment Plant 135493 563 INFRATECH Repair&Maint.Supplies Water System Maintenance 135494 523 INSIGHT PUBLIC SECTOR Miscellaneous Information Technology 135495 452 1NTEREUM INC Other Contracted Services City Center Operations 135496 178 INTERSTATE COMPANIES INC Equipment Parts Fleet Services 135497 101 INVISIBLE FENCE CO OF MN Operating Supplies Street Maintenance 135498 591 J&H BERGE INC Protective Clothing Water Treatment Plant 135499 1,873 JANEX INC Cleaning Supplies General Facilities 135500 5,400 JONES&SON Other Contracted Services Rehab 135501 50 JW PEPPER&SON INC Operating Supplies Community Band 135502 135 KUSTOM SIGNALS INC Equipment Repair&Maint Police 135503 9,050 KWANT,TERI K. Improvement Contracts Park Acquisition&Development 135504 3,313 LAKE COUNTRY DOOR Building Repair&Maint. Water System Maintenance 135505 1,397 LANDS END CORPORATE SALES Clothing&Uniforms Police 135506 160 LANO EQUIPMENT INC Equipment Parts Fleet Services 135507 3,210 LEON DUDA PLUMBING Other Contracted Services Water Meter Repair 135508 22 LOCATORS&SUPPLIES INC Operating Supplies Street Maintenance 135509 1,768 LUND MARTIN CONSTRUCTION INC Improvement Contracts CDBG Fund 135510 227 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Fleet Services 135511 6,071 MARSDEN BLDG MAINTENANCE Janitor Service City Ctr-Tenant Direct Costs 135512 84 MARSHALLS FARM Operating Supplies Riley-Jacques Barn 135513 810 MATTS AUTO SERVICE INC Seal Coating Street Maintenance 135514 2,627 MAXI-PRINT INC Printing Police 135516 1,149 MENARDS Building Repair&Maint. Park Maintenance 135517 423 METRO FIRE Repair&Maint.Supplies Fire 135518 471 METROPOLITAN FORD Equipment Parts Fleet Services 135519 62,061 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 135520 1,950 MIDWEST DESIGN CO Other Contracted Services Communication Services 135521 85 MIDWEST OVERHEAD CRANE Other Contracted Services Water Treatment Plant 135522 2,365 MIDWEST PLAYSCAPES Repair&Maint.Supplies Lake Eden Park 135523 881 MIDWEST TELETRON INC. Operating Supplies Wireless Communication 135524 2,713 MINNESOTA ATHLETIC Clothing&Uniforms Fire 135525 419 MINNESOTA CONWAY Building Repair&Maint. Senior Center 135526 20 MINNESOTA DEPT OF LABOR AND IN Licenses&Taxes Water Treatment Plant • 135527 165 MINNESOTA GLOVE INC CIothing&Uniforms Fleet Services 135528 397 MINNESOTA PRINT MANAGEMENT LLC Miscellaneous City Manager 135529 205 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Services 135530 64 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 135531 84 MONSSEN,LEE Other Contracted Services Basketball 135532 825 MOVING EQUIPMENT SALES Repair&Maint.Supplies City Center Operations Check n Amount Vendor/Explanation Account Description Business Unit 135533 143 MTI DISTRIBUTING INC Equipment Parts Fleet Services 135534 1,623 NATIONAL WATERWORKS Landscape Materials/Supp Water System Maintenance 135535 336 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 135536 126 NORTHERN TOOL&EQUIPMENT CO. Repair&Maint.Supplies Water System Maintenance 135537 92 NORTHWEST RESPIRATORY SERVICE Operating Supplies Fire 135538 98 OLSEN COMPANIES Safety Supplies Sewer System Maintenance 135539 13,890 ON-SITE HEAT Building Capital Impr./Maint.Fund 135540 45 ORIENTAL TRADING COMPANY INC Operating Supplies Girls on the Run 135541 304 OSI BATTERIES INC Equipment Parts Fleet Services 135542 511 PACE ANALYTICAL SERVICES INC. Other Contracted Services Lime Sludge 135543 1,170 PANNIER Signs Park Acquisition&Development 135544 39,755 PARROTT CONTRACTING INC Improvement Contracts Utility Improvement Fund 135545 970 PARSONS ELECTRIC CO Building Repair&Maint. City Hall-CAM 135546 2,971 PEARSON MECHANICAL SERVICES IN Building Repair&Maint. City Hall-CAM 135547 2,024 PETERSON ENVIRONMENTAL CONSULT Other Contracted Services Storm Drainage 135548 1,912 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Maintenance 135549 209 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Services 135550 1,936 PREMIER SERVICES Landscape Materials/Supp Water Treatment Plant 135551 85 PRINTERS SERVICE INC Repair&Maint.Supplies Ice Arena 135552 152,810 RAINBOW INC Improvement Contracts Utility Improvement Fund 135553 486 RAYMOND PRODUCTS CO INC Operating Supplies City Hall-CAM 135554 533 REBS MARKETING Other Contracted Services Water Accounting 135555 281 REED BUSINESS INFORMATION Improvement Contracts Utility Improvement Fund 135556 213 RES SPECIALTY PYROTECHNICS INC Operating Supplies Fire 135557 20,291 RMR SYSTEMS INC Other Contracted Services Utility Improvement Fund 135558 385 ROOT 0 MATIC Other Contracted Services Sewer System Maintenance 135559 107 ROTHHAMMER INTERNATIONAL INC Recreation Supplies Oak Point Lessons 135560 223 ROTO-ROOTER Building Repair&Maint. Prairie Village Liquor Store 135561 109 RUFFRIDGE JOHNSON EQUIPMENT CO Equipment Parts Fleet Services 135562 61 SBC PAGING Other Contracted Services Sewer Liftstation 135563 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services 135564 887 SE-ME INC Operating Supplies Police 135565 306 SETON EVENTS Operating Supplies Concessions 135566 1,440 SHERWIN WILLIAMS Equipment Repair&Maint Traffic Signals 135567 2,770 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Construction Fund 135568 504 SMITH,SUZETTE JO Other Contracted Services Volleyball 135569 2,100 SNAP-ON TOOLS Small Tools Fleet Services 135570 1,195 SOUTHWEST SUBURBAN PUBLISHING- Advertising Community Center Admin 135571 14,760 SRF CONSULTING GROUP INC Improvements to Land Park Acquisition&Development 135572 351 ST CROIX RECREATION CO INC Operating Supplies Park Maintenance 135573 891 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 135574 534 STERICYCLE INC Operating Supplies Police 135575 1,459 STEVE LUCAS PHOTOGRAPHY Operating Supplies Fire 135576 1,258 STEVENS ENGINEERS Building Capital Impr./Maint.Fund 135577 84 STOP STICK LTD. Operating Supplies Police 135578 155 STRATUM ONE FITNESS EQUIPMENT Equipment Repair&Maint Police 135580 10,061 STRETCHERS Equipment Parts Fleet Services 135581 272 SUBURBAN CHEVROLET Equipment Parts Fleet Services 135582 781 SULLIVANS UTILITY SERVICES INC Building Repair&Maint. Public Works/Parks 135583 5,253 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund 135584 154 SUN NEWSPAPERS Legal Notices Publishing City Clerk 135585 900 SWEDLUND SEPTIC SERVICES INC Other Contracted Services Improvement Projects 1996 135586 72 TESSCO Equipment Parts Fleet Services 135587 370 TESSMAN SEED CO Landscape Materials/Supp Park Maintenance 135588 32 TIMBERWALL LANDSCAPING INC Building Materials Park Maintenance 135589 478 TIMM,KEVIN Other Contracted Services Softball 135590 5,844 TKDA Design&Engineering Utility Improvement Fund 135591 3,890 TNEMEC COMPANY INC Repair&Maint.Supplies Water Treatment Plant 135592 883 TOTAL REGISTER Capital Under$2,000 Den Road Liquor Store 135593 139 TOWN AND COUNTRY DODGE Equipment Parts Fleet Services 135594 5,000 TREE TRUST Other Contracted Services Park Acquisition&Development 135595 503 TRUGREEN CHEMLAWN MTKA Other Contracted Services Water Treatment Plant 135596 445 TWIN CITY OXYGEN CO Lubricants&Additives Fleet Services 135597 139 UNIFORMS UNLIMITED Clothing&Uniforms Fire 135598 136 US CAVALRY Clothing&Uniforms Police Check# Amount Vendor/Explanation Account Description Business Unit 135599 233 USA BLUEBOOK Protective Clothing Water Treatment Plant 135600 853 WALL TRENDS INC Building Repair&Maint. Fire Station#I 135601 7,917 WELLINGTON WINDOWS Other Contracted Services Rehab 135602 265 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 135603 259 WESTCO RECOGNITION ADVERTISING Operating Supplies Trips 135604 186 WHEELER LUMBER LLC Landscape Materials/Supp Park Maintenance 135605 7,897 WILKUS ARCHITECTS INC Other Contracted Services City Center Operations 135606 32 WOLF CAMERA Video&Photo Supplies Assessing 135607 1,780 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 135608 37 WORM,SANDY Landscape Materials/Supp Park Maintenance 135609 6,024 YALE MECHANICAL INC Equipment Repair&Maint Maintenance 135610 300 ZEP MANUFACTURING CO Equipment Parts Fleet Services 2,560,204 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions November 9,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Approve First ITEM NO.: IX.A. Leslie Stovring,Public Works/ Reading of an Ordinance Amending Environmental Services City Code Section 5.36 Requested Action Move to: Approve First Reading of an Ordinance Amending City Code Section 5.36 Relating to Licensing of Collectors of Solid,Recyclable and/or Yard Waste Synopsis Eden Prairie updated the Solid Waste Ordinance in 1993 to include provisions related to establishing geographical service areas and provide for collection of recyclable waste from residential customers. This amendment incorporates changes to address the following. 1. Incorporation of requirements for the use of roll-off dumpsters. 2. Provisions that recycling service be provided to commercial customers upon request. 3. Updates to reflect changes in State and County regulations and requirements, including reporting requirements. 4. Miscellaneous issues that have arisen during day to day application of the ordinance. These are generally what would be defined as housekeeping items. Background Information The following list outlines the major revisions to the Code in the order in which they appear in the proposed revised ordinance. Remaining items included items such as minor editorial revisions and typographic errors. The attached ordinance shows a detailed summary of the changes made. Subd. 3—Definitions Definition for Roll Off Container was added and the definition for Yard Waste was expanded to include all yard waste generated from landscaping and lawn care activities, not just leaves and grass. Subd. 6(F) Reporting requirements were revised to include quarterly rather than monthly reporting. Mixed paper, cardboard and plastic reporting requirements were added to match County collection requirements. Subd 6(I1 Commercial recycling requirements were added. Subd 7—Exceptions Exceptions were added for Roll Off licensees to waive some of the recycling requirements. Attachments • Ordinance • Annotated Copy- City Code Section 5.36 amendment. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5, SECTION 5.36 RELATING TO REGULATIONS GOVERNING LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD WASTE, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. City Code Chapter 5, Section 5.36 shall be amended in its entirety as follows: SECTION 5.36. LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD WASTE. Subd. 1. Purpose and Findings. The Council of the City of Eden Prairie finds that the present practice of disposing of solid waste in land disposal facilities commonly referred to as landfills is unacceptable because such disposal is detrimental both in the short-range and long-range to the environment in that it causes pollution and contamination of underground and surface waters,the air and natural flora and fauna, it is harmful to the health and safety of persons and property because of the generation of noxious and dangerous odors and gases, including methane gas, the contamination of waters and air, and the blowing of airborne particles and contaminants causes social and/or economic harm to persons and property who reside, or which is, in proximity to landfills and should be done only in the absence of reasonably available alternatives. In an effort to ameliorate and eliminate so far as possible the social, economic and physical harm caused by the disposal of solid waste in landfills, the Council of the City hereby adopts the following'provisions relating to the collection of solid waste, recyclable waste and yard waste separated at its source. Subd. 2. Definitions. The following terms, as used in this Section, shall have the following meanings: A. Disposal Facility - Disposal facility means a waste facility permitted by the Minnesota Pollution Control Agency ("MPCA") that is designed or operated for the purpose of disposing of solid waste. B. Geographic Service Area - Geographic service area means that area incorporated within the boundaries of the City. - 1 - C. Licensee - Licensee means a person licensed to collect and transport solid, recyclable and/or yard waste or roll off containers as provided in this Section. D. Recyclable Waste - Recyclable waste means those components of solid waste consisting of organics, glass, metal containers, and newsprint, and other materials required to be recycled in compliance with City Ordinances, County Ordinances and Regulations, and State Statutes and Regulations, each of which has been separated by a customer into a container or containers which have been designated for recyclable waste. E. Residential Customer - Residential customer means a person or persons who is or are customers of a licensee residing in any building which is used exclusively for residential purposes by one or more people, not including hotels, motels, rest homes, hospitals, or nursing homes. F. Roll Off Containers — Roll off containers means detachable receptacles, containers, dumpsters, bins or boxes designed for collection of construction, demolition, renovation, scrap,recycling, liquid, solid waste or yard waste materials or debris. G. Solid Waste - Solid waste means garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial, commercial, mining, and agricultural operations, and from community activities,but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock; sewage sludge; solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents or discharges which are point sources subject to permits under section 402 of the federal Water Pollution Control Act, as amended, dissolved materials in irrigation return flows; or source, special nuclear, or by-product material as defined by The Atomic Energy Act of 1954, as amended. H. Yard Waste - Yard waste means solid waste generated from landscaping and lawn care activities such as mowing, trimming, gardening or raking consisting of grass clippings, twigs, tree and brush clippings, straw, pine needles, tree branches, soft vegetative garden waste and leaves. Subd. 3. License Required. It is unlawful for any person to collect solid, recyclable and/or yard waste from any person, or transport the same,without a license therefore from the City. Subd. 4. Exception. Nothing in this Section shall prevent a person from collecting or transporting solid, recyclable and/or yard waste from the person's own residence or place of business provided the collection and transportation of the solid, recyclable and/or yard waste is conducted in accordance with Minnesota Rules Chapter 7035.0800. All solid, recyclable and/or yard waste shall be dumped or unloaded only at a disposal facility licensed by the Minnesota Pollution Control Agency. -2 - Subd. 5. The following are conditions applicable to each licensee for a license for the collection of solid,recyclable and/or yard waste: A. Each licensee is authorized to collect solid, recyclable and/or yard waste within the geographical service area. The Council has by resolution divided the geographical service area into districts and established the days on which residential solid waste and recyclable collection may occur within each district. The districts so established and the days on which collection may occur within each district may from time to time be amended by the Council by resolution. No licensee or any other person shall collect solid, recyclable and/or yard waste from residential customers on any day other than the day specified for collection in the district except to collect roll-off containers, missed pickups, a special pickup or when a holiday falls on a district collection day. B. Each licensee shall use vehicles or roll off containers for the collection and transportation of solid, recyclable and/or yard waste in good operating condition, of such design and so equipped so as to prevent loss in transit of liquid or solid cargo. The vehicles shall be kept clean and free from offensive odors and shall not be stopped or parked longer than reasonably necessary to collect solid,recyclable and/or yard waste. C. No licensee shall operate a vehicle on any city street which exceeds eight (8) tons per axle weight. D. No licensee shall operate in a residential district after 8:30 o'clock P.M. or before 7:00 o'clock A.M.of any day, and shall not operate in a residential district on Sunday. E. Each licensee shall exhibit evidence of the license in a prominent position on each vehicle and roll-off container used in the collection or transportation of solid, recyclable and/or yard waste. F. Each licensee shall be solely responsible for the provision, at its expense, of all personnel and equipment necessary to collect and transport all solid, recyclable and/or yard waste for which a license is granted by the City for delivery and disposal in accordance with the City Code and such regulations as the City may from time to time establish. G. Each licensee shall take all precautions necessary to protect the public against injury and shall defend, indemnify and save the City harmless from and against all liabilities,losses, damages and claims of damages (including all reasonable costs, attorneys'fees, and other expenses incident thereto) suffered or incurred by the City that may arise by reason of any act or omission on the part of the licensee, its agents, or independent contractors, while engaged in the collection and transportation of solid, recyclable and/or yard waste. Each licensee shall also defend, indemnify and save the City harmless from and against any and all claims, liens and claims for labor performed or material furnished incident to the said collection and transportation by licensee including claims for material or services furnished or subcontracted for by it. Each licensee shall also defend, indemnify, and save the City harmless from and against all liabilities, losses, damages, costs and expenses (including attorneys' fees and expenses of City), causes of action, suits, claims, demands -3- and judgments of any nature arising from violation of any representation, agreement, warranty, covenant or condition made by licensee or imposed upon licensee by Section 5.36 of the City Code. H. Each licensee shall obtain and furnish to City evidence of all insurance required under this subdivision, covering all vehicles to be used and all operations to be performed by licensee in collecting and transporting solid,recyclable and/or yard waste. Each policy of insurance required under this subdivision shall name the City as an additional insured. Existence of the insurance required herein shall be established by furnishing certificates of insurance issued by insurers duly licensed to do business within the State of Minnesota in force on the date of commencement of the license period, and continuing for a policy period of at least one(1)year and providing the following coverages: 1. Public liability insurance, including general liability, automobile liability, completed operations liability, and loading and unloading liability in the following amounts. 2. Bodily injury liability in the amount of at least$100,000 for injury or death of any one person in any one occurrence. 3. Bodily injury liability in the amount of at least $300,000 for injuries or death arising out of any one occurrence. 4. Property damage liability in the amount of at least $50,000 for any one occurrence. Such general liability and automobile liability insurance policy or policies shall provide contractual liability insurance, specifically referring to and covering the obligation of licensee to defend, indemnify and save harmless the City, its officials, agents and employees from alleged claims or causes of action for bodily injury or property damage as provided in Section 5.36 hereof. Said general liability and automobile liability policy or policies shall contain an endorsement as follows: The policy to which this endorsement is attached is intended to comply with and furnish the coverages required by Section 5.36 of the City Code of the City of Eden Prairie. If anything in any other attachment, endorsement or rider conflicts with the provisions of said Section 5.36, then the provisions of said Section 5.36 shall prevail. Any deductible amount provided for in any part of the policy will be paid by the insurer upon establishment of legal liability of any insured, and the insurer shall be entitled to reimbursement from the insured for such deductible amount. -4- Said policies of insurance shall be furnished by a licensee to City for examination and approval prior to the effectiveness of any license issued to a licensee together with a certificate or certificates executed by an authorized representative of the insurer, certifying to the insurance coverage herein required, and stipulating that the policy will not be canceled nor any material change effected without first giving thirty (30) days written notice to City. After examination and approval of said policies by City, they may be returned to the licensee, but the certificates of insurance shall be retained by City. Upon request by City, licensee shall promptly furnish to City for examination at any time all contracts of insurance required herein. .Each licensee shall, on each anniversary date of the license, furnish City with evidence satisfactory to the City of the insurance required hereunder. I. Each licensee shall at all times operate its business of collecting, transporting and disposing of solid, recyclable and/or yard waste in compliance with all local, state, and federal laws. Each licensee shall obtain and maintain all licenses, permits, or other authority required by each county in which it operates, the Minnesota Pollution Control Agency and any other governmental agency having jurisdiction over its activities. J. Each licensee shall impose charges for the collection of solid waste that increase with the volume or weight of the solid waste collected. Subd. 6. In addition to the conditions imposed upon licensees set forth in Subd. 5 hereof the following are conditions applicable to each licensee for a license for the collection of solid, recyclable and/or yard waste from customers effective August 1, 1989. Each such licensee shall: A. Collect or provide for the collection of recyclable waste from each customer of the licensee that recycles no less frequently than on a bi-weekly basis on the same day or days that the licensee collects other forms of solid waste from such customer. B. Not deliver to, dump, or dispose of recyclable waste which has been placed in a container designated for recyclable waste on or in a disposal facility. C. Provide for and collect yard waste from each residential customer of the licensee at least as frequently and on such day or days as it shall collect other forms of solid waste from such residential customer between May and October. D. A licensee shall not deliver to, dump or dispose of yard waste on or in a Disposal Facility. E. Make available for sale and sell at a reasonable cost to the licensee's customers, containers for recyclable waste approved by the City. F. Provide to the City quarterly a written report setting forth the amount, by weight or volume, of each of the following collected during the preceding month from all of the residential customers of the licensee in the City: -5 - 1. Glass 2. Metal containers 3. Newsprint 4. Mixed Paper 5. Cardboard 6. Plastic 7. All other recyclable waste 8. Yard waste 9. All other solid waste The reports shall identify the following regarding recycling services: 1. Number of Single Family Households(1-4 Units)with curbside recycling service. 2. Number of Multi-Family Households(5 units and higher)with curbside recycling service. The reports shall also set forth the costs incurred by the licensee in providing the services for the collection of recyclable waste and yard waste required by this Section. All documents evidencing the amount of the foregoing materials received by the licensee from the facility or facilities at which the foregoing have been disposed shall be retained by the licensee for a period of at least five (5)years and shall be available for inspection by representatives of the City at all reasonable times within the County of Hennepin or a contiguous county. G. Not impose a greater charge for the collection of solid waste upon customers who recycle than upon customers who do not recycle solid waste or any part thereof. H. Collect or provide for the collection of recyclable waste from each commercial or business customer on request. The recycling container must be accommodated within an existing or expanded enclosure for solid waste. Subd. 7. Exceptions. City Code Section 5.36 is applicable to Roll Off licensees except as follows: 5.36, Subd.6(A), 6(C),and 6(E). Subd. 8. Obstructions. No person shall place roll-off containers within the street or other public property in accordance with Section 6.06 regarding Obstructions in Streets. Subd.9. Penalty. Failure to perform,meet or comply with any condition or obligation imposed upon a licensee by the City Code shall constitute a sufficient ground to withhold issuance, suspend,or revoke the license of a licensee. Subd. 10. Relationship of the Parties. The City shall have no responsibility or obligation whatsoever with respect to the collecting, transporting or disposal of solid, recyclable and/or yard waste, or payment for such services to any person, and nothing in this Section shall be -6- deemed to constitute a licensee a partner,joint venturer, agent or representative of the City or to create the relationship of employer-employee. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are herby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall become effective January 1, 2005. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of November, 2004, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,2004. Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on , 2004. -7- SECTION 5.36. LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD WASTE. Subd. 1. Purpose and Findings. The Council of the City of Eden Prairie finds that the present practice of disposing of solid waste in land disposal facilities commonly referred to as landfills is unacceptable because such disposal is detrimental both in the short-range and long-range to the environment in that it causes pollution and contamination of underground and surface waters,the air and natural flora and fauna,it is harmful to the health and safety of persons and property because of the generation of noxious and dangerous odors and gases,including methane gas,the contamination of waters and air, and the blowing of airborne particles and contaminants causes social and/or economic harm to persons and property who reside,or which is,in proximity to landfills and should be done only in the absence of reasonably available alternatives. In an effort to ameliorate and eliminate so far as possible the social, economic and physical harm caused by the disposal of solid waste in landfills, the Council of the City hereby adopts the following provisions relating to the collection of solid waste, recyclable waste and yard waste separated at its source. Subd. 2. Definitions. The following terms, as used in this Section, shall have the following meanings: A. Disposal Facility - Disposal facility means a waste facility permitted by the Minnesota Pollution Control Agency("MCA")that is designed or operated for the purpose of disposing of solid waste, ••'{Deleted: on or in the land B. Geographic Service Area-Geographic service area means that area incorporated within the boundaries of the City. C. Licensee-Licensee means a person licensed to collect and transport solid.recyclable and/or yard waste as provided in this Section. Source: Ordinance No. 19-89 Effective Date: 6-29-89 D. Recyclable Waste-Recyclable waste means those components of solid waste consisting of glass, metal containers, and newsprint, and other materials required to be recycled in compliance with City Ordinances, County Ordinances and Regulations, and State Statutes and Regulations, each of which has been separated by a Fustomer into a container or {Deleted:residential containers which have been designated for recyclable waste„ _ .... Deleted:s in which such components are segregated E. Residential Customer - Residential customer means a person or persons who is or are customers of a licensee residing in any building which is used exclusively for residential purposes by one or more people, not including hotels, motels, rest homes, hospitals, or nursing homes. Source: Ordinance No. 1-91 Effective Date: 1-25-91 Section 5.36. Licensing of collectors of solid waste. Page 1 of 6 F. Roll Off Containers — Roll off containers means detachable receptacles, containers_ dumpsters. bins or boxes designed for collection of construction_ demolition, renovation, scrap.recveling.liquid,solid waste or yard waste materials or debris. G. Solid Waste-Solid waste means garbage,refuse,sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include hazardous waste;animal waste used as fertilizer;earthen fill,boulders,rock;sewage sludge; solid or dissolved material in domestic sewage or other common pollutants in water resources,such as silt,dissolved or suspended solids in industrial waste water effluents or discharges which are point sources subject to permits under section 402 of the federal Water Pollution Control Act,as amended,dissolved materials in irrigation return flows;or source, special nuclear, or by-product material as defined by The Atomic Energy Act of 1954, as amended. 11. Yard Waste - Yard waste means solid waste generated from landscaping and lawn care activities such as mowing, trimming. gardening or raking consisting of grass clippings. twigs, tree and brush clippings, straw. pine needles. tree branches, soft vegetative garden waste and leaves. —•' Deleted:F. Yard Waste-Yard waste �_... .. ._.. ...._ __ .._ ._ ._..._._.__ __ -__... __ .._ ._..-•_ _--_ ..--__.._._. ... .._ -- _ __...__....__._. '.. means solid waste consisting of grass Subd. 3. License Required. It is unlawful for any person to collect solid.recyclable and/or yard clippings and leaves only t! waste from any person,or transport the same,without a license therefor from the City. Subd. 4. Exception. Nothing in this Section shall prevent a person from collecting or transporting solid.recyclable and/or yard waste from the person's own residence or place of business provided the collection and transportation of the solid, recyclable and/or yard waste is conducted in accordance with Minnesota Rules Chapter 7035.0800. All,solid,recyclable and/or yard waste shall - Deleted:the followingrulcs are be dumped or unloaded onlyat a disposal facilitylicensed bythe Minnesota Pollution Control observed: (l)all goad waste is(a) p p transported in a container that is Agency. . liquid-tight on all sides and the bottom and has a tight-fitting cover on top,or(b) in a vehicle that is leak-proof and Subd. 5. The following are conditions applicable to each licensee for a license for the collection of completely covered by canvas or other Isolid,recyclable and/or yardWaste: means or material so as to completely eliminate the possibility of loss of cargo, Source: Ordinance No. 19-89 and(2)all Effective Date: 6-29-89 A. Each licensee is authorized to collect solid, recyclable and/or yard waste within the geographical service area. The Council,has.by_resolution divided the-geographical service_-.- {Deleted:may area into districts and established the days on which collection may occur within each district. The districts so established and the days on which collection may occur within each district may from time to time be amended by the Council by resolution. No licensee or any other person shall collect solid,recyclable and/or yard waste from residential customers on any day other than the day specified for collection in the district except to collect roll-off containers missed pickup, a special pickup or when a holiday falls on a district collection .• - Deleted:on any day other than the day day. specified for collection in the district except to collect a Source: Ordinance No.40-93 Effective Date: 10-15-93 Section 5.36. Licensing of collectors of solid waste. Page 2 of 6 B. Each licensee shall use vehicles for the collection and transportation of solid, recyclable I and/or yard waste in good operating condition, of such design and so equipped so as to prevent loss in transit of liquid or solid cargo. The vehicles shall be kept clean and free from offensive odors and shall not be stopped or parked longer than reasonably necessary to collect solid.recyclable and/or yard waste. C. No licensee shall operate a vehicle on any city street which exceeds eight(8)tons per axle weight. Source: Ordinance No. 19-89 Effective Date: 6-29-89 D. No licensee shall operate in a residential district after 8:30 o'clock P.M. or before 7:00 o'clock A.M.of any day,and shall not operate in a residential district on Sunday. Source: Ordinance No.40-93 Effective Date: 10-15-93 E. Each licensee shall exhibit evidence of the license in a prominent position on each vehicle and roll-off container used in the collection or transportation of solid.recyclable and/or yard waste. F. Each licensee shall be solely responsible for the provision, at its expense, of all personnel and equipment necessary to collect and transport all solid,recyclable and/or yard waste for which a license is granted by the City for delivery and disposal in accordance with the City Code and such regulations as the City may from time to time establish. G. Each licensee shall take all precautions necessary to protect the public against injury and shall defend, indemnify and save the City harmless from and against all liabilities, losses, damages and claims of damages (including all reasonable costs, attorneys' fees, and other expenses incident thereto)suffered or incurred by the City that may arise by reason of any act or omission on the part of the licensee, its agents, or independent contractors, while engaged in the collection and transportation of solid, recyclable and/or Yard waste. Each licensee shall also defend, indemnify and save the City harmless from and against any and all claims, liens and claims for labor performed or material furnished incident to the said collection and transportation by licensee including claims for material or services furnished or subcontracted for by it. Each licensee shall also defend, indemnify, and save the City harmless from and against all liabilities, losses, damages, costs and expenses (including attorneys'fees and expenses of City),causes of action,suits,claims,demands and judgments of any nature arising from violation of any representation,agreement,warranty,covenant or condition made by licensee or imposed upon licensee by Section 5.36 of the City Code. H. Each licensee shall obtain and furnish to City evidence of all insurance required under this subdivision,covering all vehicles to be used and all operations to be performed by licensee in collecting and transporting solid.recyclable and/or yard waste. Each policy of insurance required under this subdivision shall name the City as an additional insured. Existence of the insurance required herein shall be established by furnishing certificates of insurance issued by insurers duly licensed to do business within the State of Minnesota in force on the Section 5.36. Licensing of collectors of solid waste. Page 3 of 6 date of commencement of the license period, and continuing for a policy period of at least one(1)year and providing the following coverages: 1. Public liability insurance,including general liability,automobile liability,completed operations liability,and loading and unloading liability in the following amounts. 2. Bodily injury liability in the amount of at least$100,000 for injury or death of any one person in any one occurrence. 3. Bodily injury liability in the amount of at least$300,000 for injuries or death arising out of any one occurrence. 4. Property damage liability in the amount of at least$50,000 for any one occurrence. Such general liability and automobile liability insurance policy or policies shall provide contractual liability insurance, specifically referring to and covering the obligation of licensee to defend,indemnify and save harmless the City,its officials,agents and employees from alleged claims or causes of action for bodily injury or property damage as provided in Section 5.36 hereof. Said general liability and automobile liability policy or policies shall contain an endorsement as follows: The policy to which this endorsement is attached is intended to comply with and furnish the coverages required by Section 5.36 of the City Code of the City of Eden Prairie. If anything in any other attachment, endorsement or rider conflicts with the provisions of said Section 5.36,then the provisions of said Section 5.36 shall prevail. Any deductible amount provided for in any part of the policy will be paid by the insurer upon establishment of legal liability of any insured, and the insurer shall be entitled to reimbursement from the insured for such deductible amount. Said policies of insurance shall be furnished by a licensee to City for examination and approval prior to the effectiveness of any license issued to a licensee together with a certificate or certificates executed by an authorized representative of the insurer, certifying to the insurance coverage herein required,and stipulating that the policy will not be canceled nor any material change effected without first giving thirty (30) days written notice to City. After examination and approval of said policies by City, they may be returned to the licensee, but the certificates of insurance shall be retained by City. Upon request by City, licensee shall promptly furnish to City for examination at any time all contracts of insurance required herein. Each licensee shall, on each anniversary date of the license, furnish City with evidence satisfactory to the City of the insurance required hereunder. Each licensee shall at all times operate its business of collecting,transporting and disposing of solid.recyclable and/or yard waste in compliance with all local, state, and federal laws. Section 5.36. Licensing of collectors of solid waste. Page 4 of 6 Each licensee shall obtain and maintain all licenses,permits,or other authority required by each county in which it operates, the Minnesota Pollution Control Agency and any other governmental agency having jurisdiction over its activities. Source: Ordinance No. 19-89 Effective Date: 6-29-89 • J. Each licensee shall impose charges for the collection of solid waste that increase with the volume or weight of the solid waste collected. Source: Ordinance No.25-92 Effective Date: 10-2-92 Subd. 6. In addition to the conditions imposed upon licensees set forth in Subd. 5 hereof the following are conditions applicable to each licensee for a license for the collection of solid,. recyclable and/or yard waste from,pustomers effective August 1,1989. Each such licensee shall: •._•••{Deleted:residential Source: Ordinance No. 19-89 Effective Date: 6-29-89 A. Collect or provide for the collection of recyclable waste from each Fustomer of the licensee ......•(Deleted:residential that recycles no less frequently than on a bi-weekly basis on the same day or days that the licensee collects other forms of solid waste from such,customer. _....{Deleted:residential Source: Ordinance No.40-93 Effective Date: 10-15-93 B. Not deliver to,dump,or dispose of recyclable waste on or in a disposal facility. C. Provide for and collect yard waste from each residential customer of the licensee,at least..as__..••- Deleted:,at least weekly during the frequently and on such day or days as it shall collect other forms of solid waste from such period October-November,1989. Commencing January 1,1990,a licensee residential customer between May and October. shall provide for,and collect,yard waste from each such residential customer D. licensee shall not deliver to dumpor dip pose of and waste on or in a is msal acili ' - Deleted:Except during the period June Z _p y P 1 -__ J -September,1989 inclusive, E. Make available for sale and sell at a reasonable cost to the licensee's,pustomers, containers, Deleted: a for recyclable waste approved by the City. s, ' Deleted:disposal J Source: Ordinance No. 19-89 . ' Deleted:facility 1 Effective Date: 6-29-89 foeletecial 1 F. Provide to the City,quarterly a written report setting_forth the amount,by weight or volume, .•- Deleted:not later than the 15th day of of each of the following collected during the preceding month from all of the residential each month customers of the licensee in the City: 1. Glass 2. Metal containers 3. Newsprint 4. Mixed Paper 5. Cardboard 6. Plastic 7. All other recyclable waste • Section 5.36. Licensing of collectors of solid waste. Page 5 of 6 8. Yard waste 9. All other solid waste The reports shall,identify the following regarding recycling services: .-•-I Deleted:indicate 1. Number of Single Family Households(1-4 Units)with curbside recycling service. 2. Number of Multi-Family Households (5 units and higher) with curbside recycling service. The reports shall also set forth the costs incurred by the licensee in providing the services for the collection of recyclable waste and yard waste required by this Section. All documents evidencing the amount of the foregoing materials received by the licensee from the facility or facilities at which the foregoing have been disposed shall be retained by the licensee for a period of at least five (5)years and shall be available for inspection by representatives of the City at all reasonable times within the County of Hennepin or a contiguous county. Source: Ordinance No. 1-91 Effective Date: 1-25-91 G. Not impose a greater charge for the collection of solid waste upon,customers who recycle ,..- Deleted:residents than upon,pustomers who do not recycle solid waste or anypart thereof. - Deleted:residents Source: Ordinance No.25-92 Effective Date: 10-2-92 H. Collect or provide for the collection of recyclable waste from each commercial or business customer on request. The recycling container must be accommodated within an existing or expanded enclosure fbr solid waste. Subd.7. City Code Section 5.36 is apjrlicable to Roll Offlicensees except as follows: 5.36,Subd._ .--(Deleted:operators 6(A),6(C).and 6(E). Subd_8_Obstructions. All licensees,including those utilizing Roll Offs,must comply with City Code Section 6.06 regarding Obstructions in Streets. No person shall place roll-off containers within the street or other public property in accordance with Section 6.06. Subd. 9. Penalty. Failure to perform,meet or comply with any condition or obligation imposed upon a licensee by the City Code shall constitute a sufficient ground to withhold issuance,suspend, or revoke the license of a licensee. Subd. 10. Relationship of the Parties. The City shall have no responsibility or obligation whatsoever with respect to the collecting,transporting or disposal of solid,recyclable and/or yard waste, or payment for such services to any person, and nothing in this Section shall be deemed to constitute a licensee a partner,joint venturer, agent or representative of the City or to create the relationship of employer-employee. Source: Ordinance No. 19-89 Effective Date: 6-29-89 Section 5.36. Licensing of collectors of solid waste. Page 6 of 6 Subd. 1.1. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code including ".Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are herby adopted in their entirety , by reference, as though repeated verbatim herein. • Section 5.36. Licensing of collectors of solid waste. Page 7 of 6