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HomeMy WebLinkAboutCity Council - 01/03/2006 AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 3, 2006 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, 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 Deb Sweeney 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, DECEMBER 5,2005 i B. TRUTH-IN-TAXATION HEARING HELD TUESDAY, DECEMBER 5,2005 C. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 5, 2005 D. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 13,2005 E. CITY COUNCIL MEETING HELD TUESDAY,DECEMBER 13,2005 VI. CONSENT CALENDAR A. RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS B. RESOLUTION DESIGNATING DEPOSITORIES C. RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS D. RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS E. RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE CITY COUNCIL AGENDA January 3, 2006 Page 2 F. RESOLUTION AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL G. RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY H. RESOLUTION ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2006 I. RESOLUTION DESIGNATING OFFICIAL CITY NEWSPAPER J. APPROVE CHANGE ORDER NO. 2 FOR CSAH 4 AND VALLEY VIEW ROAD INTERSECTION IMPROVEMENTS,I.C. 96-5405 K. APPROVE NATURE TRAIL MASTER PLANS FOR EDENBROOK, RILEY CREEK,AND LOWER PURGATORY CREEK CONSERVATION AREAS L. AWARD CONTRACT TO REMODEL FIRE STATION IIS MAIN OFFICE SPACE TO MCFARLAND CONSTRUCTION M. APPROVE PURCHASE OF FURNITURE FOR RECONFIGURATION OF THE MAIN OFFICE SPACE OF FIRE STATION 1 N. ADOPT RESOLUTION APPROVING AMENDED HENNEPIN SOUTH SERVICES COLLABORATIVE AGREEMENT AND BY-LAWS VII. PUBLIC HEARINGS/MEETINGS VIII. PAYMENT OF CLAIMS IX. ORDINANCES AND RESOLUTIONS A. ADOPT RESOLUTION SUPPORTING PASSAGE OF PROPOSED AMENDMENT TO THE MINNESOTA CONSTITUTION REGARDING DEDICATION OF MOTOR VEHICLE SALES TAX REVENUE FOR TRANSPORTATION PURPOSES X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS A. RESOLUTION DESIGNATING OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE CITY COUNCIL IN 2006 AND APPOINTING ACTING MAYOR CITY COUNCIL AGENDA January 3, 2006 Page 3 B. RESOLUTION APPOINTING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2006 C. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCILMEMBERS AS ALTERNATES TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES D. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCILMEMBERS AS ALTERNATES TO THE NATIONAL LEAGUE OF CITIES E. APPOINTMENT OF MAYOR TYRA-LUKENS TO THE MUNICIPAL LEGISLATIVE COMMISSION F. APPOINTMENT TO SOUTHWEST CORRIDOR COMMISSION G. APPOINTMENT TO SOUTHWEST CABLE TV COMMISSION H. APPOINTMENT TO EDEN PRAIRIE FOUNDATION I. APPOINTMENT TO I-494 CORRIDOR COMMISSION J. APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. City Attorney C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Edenvale PUD 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 JOINT MEETING OF THE EDEN PRAIRIE CITY COUNCIL AND EDEN PRAIRIE CHAMBER OF COMMERCE & OPEN FORUM/OPEN PODIUM MONDAY,DECEMBER 5,2005 CITY CENTER 5:00—6:25 PM,HERITAGE ROOM II 6:30—7:00 PM,COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, 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 CHAMBER OF COMMERCE: Pat MulQueeny,President;Directors Joe Smith,Tim Samuelson, Shirley Lye,Greg Olson,Dave Ward, Melissa Krull I. CURRENT AFFAIRS AT THE CHAMBER A. CHAMBER BOARD MEMBERS Pat MulQueeny reviewed current board membership, and members coming on to the board in January 2006. B. GROWTH IN CHAMBER MEMBERSHIP MulQueeny said there were 373 active members when he became president of the Chamber three years ago;today there are 465 active members. Last year, 101 new members joined;and they are just seven members short of 100 new members for this year.MulQueeny said the Eden Prairie Chamber is the twelfth largest in metro. He noted that all other larger Chambers,with the exception of Burnsville, represent more than one community. C. COMPOSITION OF CHAMBER MEMBERSHIP MulQueeny said professional services entities make up the bulk of the membership. Restaurants make up the largest single group. Chamber membership represents 25,000 area employees. II. CITY PARTICIPATION IN THE CHAMBER MulQueeny noted that a number of City employees serve on Chamber committees and contribute to other Chamber activities. David Lindahl has been a member of the Business Development Committee of Chamber for three years,Mary Keating is on the Education Committee, and Molly Koivumaki is on Recognition Committee. Rod Rue has participated on the Transportation Committee. Lindahl said he has seen the relationship between the City and the Chamber blossom over the last several years. He said that even when the two organizations have different positions,the channels of communication have remained open. Council Workshop December 5,2005—page 2 III. CHAMBER DISCUSSION ITEMS A. POSITIONS/ISSUES 1. VikiIILyS Stadium MulQueeny said the idea of the joint Chamber/City stadium proposal grew out of a casual conversation about whether or not Eden Prairie had a site for a stadium. MulQueeny said the stadium proposal was his first major project at the Chamber and, although we dropped out of the process, it helped solidify the relationship between the Chamber and the City. 2. FlyinE Cloud Airport In August 2004,the Chamber Board approved a resolution supporting extension of the runway at Flying Cloud Airport. The Chamber feels the airport is an area of economic development. Although the City and the Chamber have different positions on the airport,Board Member Dave Ward said he feels the City and Chamber have dealt with each other well on the issue. 3. Farmer's Market MulQueeny said the Chamber did not take a position on a farmers market; however,when the issue was being discussed at the City,the Chamber wanted to ensure local businesses were represented. He said the Chamber was also in favor of minimal rents for the use of City property. 4. Transportation Advocacy MulQueeny said the gas tax increase was source of significant debate on Chamber's Government Committee. He believes the Chamber will continue to support the gas tax in the future. Mayor Tyra-Lukens asked about the constitutional amendment that is to be on ballot next Fall for transportation. She asked whether or not the Chamber will take a position. MulQueeny said transportation is a key issue for most Chamber members, and the Eden Prairie Chamber is meeting with the Edina Chamber on the issue next week. One meeting topic will be raising funds for a publicity campaign. Tyra-Lukens said dealing with the wording of the amendment,which is not clear,will be challenging. She would like to see the Chamber provide active education for their members on it. 5. Healthcare Costs A Chamber goal has been to educate chamber members on the overall health care system. Senior Executives from Allina,Ridgeview Medical, the Minnesota Chamber, and a state legislator presented to the Chamber on how companies can control costs. This will be a continuing effort. Council Workshop December 5,2005—page 3 B. PROGRAMS 1. Leadership Eden Prairie Eden Prairie staff have worked on with Chamber on the program and participated in the program. The program will probably continue to be offered every two years,but it may be revamped based on participant input. 2. Home.Landscape and Garden Expo This will be the fourth year for the Horne, Landscape and Garden Expo. This is a showcase for local businesses and the Chamber hopes it will continue to grow. 3. Maps The Chamber worked with Pat Brink on the City map.The City and Chamber have gone through 10,000 copies of the map in nine months, and a new one is in the works. The Chamber distributes the maps through hotels and the City provides it to new residents and businesses. Neal said the City and the Chamber used to do their own maps;now the Chamber produces the map and the City buys into it. Neal said this has been a good cooperative venture. IV. CITY DISCUSSION ITEMS A. MCA FEEDBACK AND SURVEY RESPONSES Jeremiah distributed survey responses from the Chamber Luncheon at which she and Scott Neal resented on the MCA study. Jeremiah noted that four of five to P Y P concerns for Chamber members were the same as those listed by residents; however,while Chamber members felt regional access was a top element, residents listed sidewalks as critical. Neal said the City has appreciated working with the Chamber on the study and thanked them for their continuing participation. Aho asked what sort of feedback the Chamber has heard from its members regarding the MCA study. MulQueeny said a lot of the comments are about the unknowns. It is a large project and not everyone fully understands it. The plan appears to include some drastic changes, and there are concerns about the timing of transitions,etc.Board Member Joe Smith said he has heard concerns about funding. There is apprehension about costs to businesses. B. CONVENTION&VISITOR'S BUREAU Neal said in 2003,the City and the Chamber explored forming a CVB with funding from a proposed hotel/motel tax. The City's position was that we would not impose a CVB on the hospitality community if they were against it.There was not unanimous support for a CVB among the hospitality industry. Lindahl said quite a few hoteliers were interested;however,two of the largest hotels were vehemently opposed to a tax. More recently a group has been looking at converting a floor of the old Mervyns store into a conference center, along with Council Workshop December 5,2005—page 4 formation of a CVB to help market it. Lindahl said the same two hotels again have expressed that they do not see the benefit of such a plan. Lindahl said if C.H. Robinson ever decides to vacate their lease at City Center,he would encourage Council to look at possibilities for a conference center or incubator for that space. C. REDEVELOPMENT IN EDEN PRAIRIE & CHAMBER ROLE IN ECONOMIC DEVELOPMENT Neal and Mulqueeny have discussed the Chamber's desired role in this area. Mulqueeny said the Chamber has a strong relationship with City in this area, and they would like to continue to expand on it. One possibility is a joint open house of available business spaces. MulQueeny said the Chamber will gladly continue to work with the City on joint ventures of this type. Lindahl said every new business in Eden Prairie receives a welcome packet from the City along with Chamber information. MulQueeny suggested inviting new businesses to a welcome meeting put on cooperatively between the City and Chamber. Tyra-Lukens asked about commercial vacancy rates,particularly in the Golden Triangle.Lindahl said they have improved tremendously. He noted Wells Fargo has moved into the ADC building, and Research Inc.was purchased by Starkey Labs. Physical Electronics has been purchased and will likely be redeveloped. The new owner of the old Best Buy headquarters is in discussions with Wal-Mart. There is a possibility Wal-Mart could relocate there. OPEN FORUM A. FLAG POLICY—JOHN MALLO Mr.Mallo thanked the City for instituting the new flag policy. B. HISTORIC PRESERVATION—JAN MOSMAN Ms.Mosman addressed Council on the positive economic aspects of historic preservation. C. BENT CREEK GOLF COURSE—STEVE CHELESNIK Mr. Chelesnik said residents continue to unearth important information about the Edenvale PUD. He said the group's primary purpose is to save Bent Creek and preserve open space. Councilmember Case asked for a discussion of the issue to be scheduled for an upcoming meeting. Councilmember Young asked staff to prepare a summary of key issues and inquired into the legalities of discussing the issue before any formal submittals have been made. City Attorney Ric Rosow said he advises the Council not to take a position on any issue before a public hearing takes place. City Manager Scott Neal suggested that the issue be added to the January 3 Council Meeting agenda. Council Workshop December 5,2005—page 5 M. OPEN PODIUM IV. ADJOURNMENT ITEM NO.: V.B. TRUTH-IN-TAXATION HEARING MINUTES EDEN PRAIRIE CITY COUNCIL MONDAY,DECEMBER 5,2005 7:30 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, 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, Finance Manager Sue Kotchevar and Council Recorder Deb Sweeney I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:31 p.m. The purpose of the Hearing is for citizens to hear firsthand about the budget and to have an opportunity to address the Council. She invited further calls or emails right up to the vote on December 13. All input is considered equally with speaking at the Hearing. The budget is based on current service levels plus a few new items suggested by Staff or Councilmembers. U. PUBLIC HEARING A. OVERVIEW OF 2006 PROPOSED BUDGET AND TAX LEVY Finance Manager Sue Kotchevar presented the proposed budget outcomes and tax impacts. Outcomes include maintaining service levels and competitive wage and benefit programs and providing for increases in utilities and fuel costs. Other major items include budgeting for Fire Station #4, updating the Comprehensive Plan, funding the Capital Improvement Plan, maintaining and replacing the fleet, and implementing a new rental housing inspection program. The plan would allow the City to maintain reasonable debt levels. According to the Truth-in-Taxation notices sent out to citizens,the levy would have increased about $2.2 million over 2005, an 8.6% increase. Subsequent changes to the budget, including the decision to defer building the fire station, reduced the proposed levy increase to 4.8%. The passage of the parks referendum puts the new proposed increase at 9.0% altogether. There are differential impacts on residential, apartments, and commercial properties. The tax burden shifts between groups from year to year based on value increases in these different classes of property. However,the intent is to distribute the burden equitably. Neal explained the City portion of property tax is about 25%, with 33% going to TRUTH-IN-TAXATION HEARING MINUTES December 5,2005 Page 2 schools, 34%to the county, and 8%to other taxing authorities. The median home, valued at $339,200, will see an increase of$388, $36 of which is generated by the city. The rest is outside City control. Case noted that getting rid of the City's increase would only lower tax bills by 1%while requiring major cuts. Young said Council should listen to residents and not comment at this time. Kotchevar then reviewed general fund expenditures. The largest increases are in the Office of the City Manager (general election costs and utility increases), Community Development (half of which is for the update of the Comprehensive Plan), and the fire department, which includes the new building inspection program and operating costs for the new fire station. II. DISCUSSION A. John Mallo, 14000 Forest Hills Road Mallo spoke in favor of the budget. He moved here because of the schools and the quality of life. Residents have indicated by their passage of the school and parks referendums and their lobbying for the Bent Creek golf course acquisition that they are willing to pay for quality of life. The City should maintain the budget as proposed. B. Tom Briant, 15560 Boulder Pointe Road Briant said he had sent$1 million in line item cuts to all Councilmembers two weeks ago, including reduced raises for City staff,reductions in the legal budget, reductions in travel and conference spending,eliminating the heritage preservation staff position, eliminating the social/immigrant services position,reducing contracted services, doing the Comprehensive Plan update with in-house staff, eliminating the risk management award,taking down the contingency fund, plowing the City lot in-house,reducing the amounts allocated for fuel, and applying$980,000 in budget stabilization funds. In particular,Briant said legal costs for prosecution are excessive and could be reduced by putting the contract out to bid or hiring two in-house attorneys. He stated no other city has a heritage preservation staff person and said a volunteer should do it. Briant said his proposed cuts would have little effect on quality of life. Police, fire, parks, and trails would all be as before. Instead of focusing on saving each resident $3/month, Council should focus on saving all residents $1 million. He requested copies of the City Manager's reports to Council on budget options. C. Paul Wendorf,8590 Revere Court Wendorf explained he and Briant founded the Eden Prairie Taxpayers Alliance to address high spending and tax rates. He said hundreds of people have contacted this non-politically-affiliated group and the group is here to stay. Wendorf characterized some of the Staff and Council as having a"cavalier"attitude.He TRUTH-IN-TAXATION HEARING MINUTES December 5,2005 Page 3 noted the City Center has new carpeting and said that staffing is top-heavy. He requested a copy of the organizational chart. Wendorf expressed dissatisfaction with the previous meeting on the budget. Instead of being a workshop, it should have been in the Council chamber and been taped. Councilmembers are fear-mongering by talking about police, fire, and streets. He stated some Councilmembers have a conflict of interest regarding historic preservation. Wendorff said the City Manager is too all-controlling and warned Council that voters will vote. D. Larry Piumbroeck,6255 Wessel Court Piumbroeck objected to people trying to slash the budget at the last minute. The property tax increase this year was foreseeable and predictable. Voters should call their legislators with complaints. The City is prudent and the least of taxpayers' worries. As chair of the Human Rights and Diversity Commission,Piumbroeck encouraged Council to retain the immigrant human services position. Cutting a $57,000 position in a$32 million budget would be penny wise and pound foolish. Piumbroeck said all of us have been helped sometime and many families have immigrant pasts. He called for civility in the discussion and said Eden Prairie is still a great city. E. Norbert Gernes,6900 Alpine Trail Gernes said he was willing to pay for quality of life. When he moved here in 1973, the city had no police department. Water and sewer were just beginning to be put in. Over the years,the City has developed great schools and a great park system. Gernes said today's citizens owe it to future citizens not to be selfish but to continue to think about the future. He said that he had seen few kids from Eden Prairie during his 30-year career in corrections and attributed that to community programs to encourage strong families and the availability of healthy,positive activities. Gernes said cutting some would be okay,but the Council should maintain quality of life. F. Linda Draves, 19111 Alpine Trail Draves said she would not be able to afford Eden Prairie's quality of life if taxes continue to rise. Her wages will rise 3%,but her tax bill on her modest$200,000 home will go up 19%. Growth is not good if it is at the expense of some residents, and increases in many different sectors all add up. Draves expressed a desire to learn more about the City's stance on global warming and its post 9-11 disaster plan. She favored quality of life but not at the expense of those on limited incomes. Tyra-Lukens invited Draves to contact her about the areas she was interested in. G. Verna O'Brien, 15785 Cedar Ridee Road TRUTH-IN-TAXATION HEARING MINUTES December 5,2005 Page 4 O'Brien asked why the tax increase is not the same for all residences. The amount of taxes varies based on the value of the property,but the rate should stay the same. Snell explained the rate is constant,but the percentage increase varies based on differing value changes. The City assesses the market value of 25%of its residences each year. If the City just re-assessed the property,the value could jump that year and the increase versus last year would be more. There is also a homestead credit to reduce taxes that phases out at$414,000 which can make tax rates higher from one home to the next. The main reason the percent increase varies from home to home is differing changes in the value versus last year. H. Al Krause, 15911 Cedar Ridee Road Krause said Council has a difficult job but needs to remember those like himself on fixed incomes with no pension. He said$54,000 is not"nothing." Little things add up to a lot and Council will never find a single$1,000,000 cut. Instead of trying to find things to cut, Council should tell Neal what his budget is and let him decide how to spend it. Krause opposed surveys and suggested using a referendum timed for a general election instead. He also questioned"competitive"wages and benefits for City Staff and said these should not be automatic,but limited to the rate of inflation. I. Nancy Arieta, 10785 Valley View Road #207 Arieta expressed dissatisfaction with Councilmember Case's response to her email regarding the budget. She asserted her right to speak negatively about the budget. Arieta said the heritage preservation position should be eliminated and the human service position also eliminated, or covered by another grant. Parks should be covered by new development fees. Arieta said her resources are finite and little things add up to a lot. She asked for a public apology. Tyra-Lukens explained park development fees are typically for new parks only. Arieta said she was told they don't necessarily go to that location. Tyra-Lukens said that could be true if a developed area is being filled in and already has a neighborhood park. J. Jeff Strate, 15210 Summerhill Circle Strate noted that even five years ago, Truth-in-Taxation hearings were virtually unattended. He applauded the Taxpayers Alliance for increasing interest and bringing ideas to the table. He also applauded the City for the openness of its process. Everything is very available on the website and on paper. He noted Council workshops are not set up for public comment and are designed to get things done in a limited amount of time. The public has its chance tonight and can also still call and email. Strate said he supported the budget by and large and said eliminating the social TRUTH-IN-TAXATION HEARING MINUTES December 5,2005 Page 5 service position would be very foolish. The City has a remarkable record of working with immigrants. The County might be a better provider,but the position should be kept this year while this is discussed. The second language in Eden Prairie is Somali so the services are needed. J. Mr. Chuck Bye, 15184 Village Woods Drive Bye said he favored the budget, including the heritage position. He wondered about the Risk Management Award.Bye said residents have voted twice to spend money to improve the city. He favored acquiring the Bent Creek golf course. K. Marcus Johnson,7017 Kingston Drive Johnson expressed appreciation to Council for looking out for residents' best interests.He said the Taxpayers Alliance did not represent him or the people.he associated with. Johnson saw no evidence the process was anything but deliberate and thoughtful. Johnson said he had voted for the parks and schools referendums because they make the city desirable. He said the record shows the City is well run, and Council is accessible. They take phone calls and there is the website.He asked Council to respect those on fixed incomes,but not to cut at the expense of those less fortunate or in ways that don't make sense overall. L. Michael McGraw, 15640 Pioneer Trail McGraw said his taxes has increased greatly over the years,but blamed himself for not being more involved. He expressed concerns about development and requested bike trails around Eden Prairie Center. The City could cut taxes but it would have a tough job ahead to protect and beautify the area. III. CLOSE OR CONTINUE PUBLIC HEARING MOTION: Butcher moved, seconded by Young, to close the public hearing, adjourn the Truth-in-Taxation Meeting, and reopen the Council meeting. Motion carried 5-0. IV. ADJOURNMENT The meeting adjourned at 8:53 p.m. ITEM NO.: V.C. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING MONDAY,DECEMBER 5,2005 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case,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, Finance Manager Sue Kotchevar, City Engineer Alan Gray,and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. H. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal stated the public hearing on Eden View Estates will be continued until January 17'h pending resolution of site access. Tyra-Lukens moved the Doughty Addition public hearing and Flying Cloud Airport Commission item to before the Truth-in-Taxation hearing at 7:30 p.m. MOTION: Butcher moved, seconded by Aho, to approve the agenda as published and amended. Motion carried 5-0. V. CIP PUBLIC HEARING Finance Manager Sue Kotchevar presented an overview of the CIP. The CIP provides funds for capital maintenance and improvement in a sustainable and affordable way. The plan includes$119 million in projects from 2006 to 2010, including $59 million for transportation and$23 million for parks. Other major projects include the new fire station, roads, and a software upgrade for police to migrate to the regional radio system. The CIP is funded through a variety of funding streams, including assessments, some debt, and the referendum. Major outcomes include transportation maintenance,the parks referendum items,the Miller Park baseball stadium,EPI assessments of facilities, and the new fire station. There were no comments from the public. CITY COUNCIL MINUTES December 5,2005 Page 2 MOTION: Case moved, seconded by Butcher,to close the public hearing and adopt Resolution No.2005-137 approving the 2006 to 2010 Capital Improvement Plan. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS B. DOUGHTY ADDITION by Baton Building Company. First Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 1.06 acres and Preliminary Plat of 1.06 acres into two lots and right-of-way.Location: 13200 Roberts Drive. (Ordinance for Zoning District Change and Resolution No. 2005-142 for Preliminary Plat) Neal said this is for a two lot single-family development. The plan meets the requirements of the R1-13.5 zoning district. The Planning Commission voted 6-0 to recommend approval of the project to the City Council at its November 14, 2005 meeting. There were no comments from the public. MOTION: Young moved, seconded by Case,to close the Public Hearing, approve 1 st Reading of the Ordinance for Zoning District Change within the R1-13.5 Zoning District on 1.06 acres, adopt Resolution No.2005-142 for Preliminary Plat on 1.06 acres into two lots and right-of-way; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE ESTABLISHING A FLYING CLOUD AIRPORT COMMISSION Neal presented a redline draft of a code re-establishing the Flying Cloud Airport Commission showing the parameters of the commission and the past and proposed changes. He asked for Council's comments. Young questioned the three charges of the commission in sub-paragraph A. The charges to monitor the agreement and to address noise concerns were clear,but the first charge seemed vague. Rosow said this was the language in the original ordinance and was intended to allow the Commission to address classification, rules, etc. The first charge may be redundant given these items are now detailed in the agreement. Rosow suggested reviewing the language with Senior Planner Scott Kipp to confirm the language could be removed. He noted matters of zoning and development of lands adjacent to the airport had been removed and would be handled by the Planning Commission. Case cautioned against removing the language unless it were truly redundant. For example,the City never agreed not to dispute the agreement if the legislature reclassified the airport. He deferred to Rosow and Kipp. Aho questioned the need for a Commission at all.He was concerned business members would not be CITY COUNCIL MINUTES December 5,2005 Page 3 interested in serving again—some felt their authority was pulled the minute decisions had to be made.The City could monitor the agreement and get updates by some other means, such as a quarterly Staff review. Tyra-Lukens clarified the Commission had been advisory from the start. Past representatives, industry members, and airport users have perspective and expertise Staff does not have. The Commission would be an opportunity to get a variety of perspectives,not just those of Staff and Council. Young suggested striking the broad language in the first charge and adding"and other matters as Council may direct"to preserve flexibility. The Commission serves as a bridge between the residents and the MAC,but Staff audits of the agreement would also be fine. Young emphasized the need for balance on the Commission with business and airport representatives involved. Aho agreed, noting the commission seems weighted toward residents with four community members,two business representatives, and one MAC representative. The Commission could become a lightning rod for complaints. Case disagreed, saying there are more residents than airport users. The City should err on the side of residents in balancing the Commission. Tyra-Lukens said the Commission clearly needs some business representation but didn't anticipate trouble recruiting members. Rosow called attention to the meeting schedule and cost sharing provisions in the ordinance. Council had discussed possibly limiting the number of meetings but no number was determined. Cost sharing with MAC was also discussed. The City cannot force cost sharing by ordinance,but Rosow could bring the first reading to the MAC and get their answer. Aho noted the airport does affect residents,but also affects much more than a few businesses. Private aviation is a great opportunity and draw for businesses. Young said the issue is not so much the number of members as the atmosphere. Business members will not serve if the feel the are just going to et beat u . Y Y J g g g P Tyra-Lukens said the past selection process was handled with great care to include a variety of perspectives: business, anti-airport,resident plane owners, and resident non-plane owners. Butcher noted the Council would approve the membership so all would have input. Young asked if the broad language would be stricken. Tyra-Lukens expressed approval for the idea. Rosow said he would bring revised language on the second reading reflecting his interpretation of Council's discussion. MOTION: Case moved, seconded by Butcher,to approve 1 st Reading of the Ordinance Amending City Code Chapter 2, establishing the Flying Cloud Airport Advisory Commission. Motion carried 5-0. At 7:30 p.in. the Council Meeting was adjourned to hold the Truth-in-Taxation Hearing. CITY COUNCIL MINUTES December 5,2005 Page 4 VI. TRUTH-IN-TAXATION PUBLIC HEARING—see separate minutes. The Council Meeting was reopened at the conclusion of the Truth-in-Taxation Hearing. VII. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,NOVEMBER 15,2005 MOTION: Aho moved, seconded by Case, to approve the Council Workshop minutes as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,NOVEMBER 15,2005 MOTION: Butcher moved, seconded by Young, to approve the City Council minutes as published. Motion carried 5-0. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDENVALE HIGHLANDS 2'D by Calhoun Development. Second Reading of the Planned Unit Development District Review with waivers on 22.7 acres; Zoning District Change from Rural to R1-13.5 on 22.7 acres.Location: 15598 Michele Lane. (Ordinance 23-2005 for PUD-14-2005 District Review with waivers and Zoning District Change) C. ADOPT RESOLUTION NO.2005-130 APPROVING FINAL PLAT OF THE PRESERVE AT EDENVALE D. APPROVE CHANGE ORDER NO. 1 FOR THE COLUMBINE ROAD PROJECT,I.C. 52-130 E. ADOPT RESOLUTION NO.2005-139 REGULATING FEES AND CHARGES FOR BUSINESS LICENSES,PERMITS AND MUNICIPAL SERVICES F. ADOPT RESOLUTION NO.2005-140 RELATING TO$4,920,000 GENERAL OBLIGATION BONDS,SERIES 2005c AND RESOLUTION NO.2005-141 RELATING TO$8,425,000 GENERAL OBLIGATION BONDS SERIES 2006A G. APPROVE THE LATE PICK UP POLICY FOR PARKS AND RECREATION PROGRAMS MOTION: Butcher moved, seconded by Young,to approve Items A-G on the Consent Calendar. Motion carried 5-0. CITY COUNCIL MINUTES December 5,2005 Page 5 IX. PUBLIC HEARINGS/MEETINGS A. EDEN VIEW ESTATES by Insignia Development,LLC.First Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment in the Rural Zoning District on 8.00 acres; Resolution for Planned Unit Development Concept Review on 8.00 acres; Resolution for Preliminary Plat on 8.00 acres.Location: 17650 Flying Cloud Drive. (Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for PUD Concept Review;Resolution for Preliminary Plat) The Public Hearing was continued to January 17, 2005 at the request of Insignia Development pending resolution of the access to the site. B. DOUGHTY ADDITION—see minutes on Page 2. C. PIONEER TRAIL IMPROVEMENTS.I.C. 04-5631 Neal explained Preliminary Layout No. I provides a continuous 4-lane divided roadway with left and right turn lanes on Pioneer Trail. In addition,multi-use trails are provided on both sides of Pioneer Trail for the entire length of the project. The project manager from Hennepin County, Chris Sagsveen, said this section extends from west of Shetland Road to east of Hwy 212. This hearing is for approval of the preliminary layout, or footprint(alignment and number of lanes). If approved,the detailed design phase and acquisition of property would begin. The project manager reviewed the history of public input on the project,which began in June 2004. This project required extensive coordination with City engineers and parks representatives,property owners such as Grace Church and the MAC, a Citizen Advisory board composed of residents, neighborhood meetings,public hearings, a website, and meetings with individual property owners. The project manager stated the project is needed. Pioneer Trail is currently a two- lane rural road with gravel shoulders. It lacks right and left turn lanes and the structure and substructure of the road are deficient. There are too many access points. The new road would be a divided four-lane highway with a median and trails on both sides. Originally,plans called for the expansion to stop at Gould Road,but it made more sense to extend it to Shetland Road. Full access points would be located at Shetland Road, Gateway Lane, Gould Road, and Eden Prairie Road. There would be i ad t Eden Prairie Road Mitchell Road signal upgrades a , g P�' Staring Lake Parkway, and Hwy 212. Residents at other intersections will now have partial access due to the median,which will be a change for them. CITY COUNCIL MINUTES December 5,2005 Page 6 The project manager also reviewed changes in the alignment during the process. A developer dedicated property to soften the curve in the Eden Heights area. The alignment impacts the Flying Cloud fields,requiring a wall and fencing. These details were worked out with the Parks department and with MAC. Further east, the road caused some tree impacts in Staring Lake Park,which will be mitigated. Access was changed at Flying Cloud airport. The county also worked to provide full access to a development on the northwest corner of Hwy 212, as well as to the Cummins-Grill property. The chosen alignment provides opportunity for right turn lanes and reduces impacts. Trees are the biggest issue for the City and the County will follow the City's tree ordinance. Property owners impacted by the right of way will also be compensated for tree losses. The total project will cost$14 million, of which the City portion is$3.5 million. $2.9 million in federal funding is also available and would be shared between the City and County. To access the federal funds,the project plan must be complete by September 2007. Construction would likely begin in summer 2008. Resident Terry Eggan,who lives on the corner of Staring Lake Parkway and Pioneer Trail,protested the alignment of the road. The project would require moving his$10,000 fence, destroying three 100-year-old trees, and taking 15 feet of his property. Eggan said he is a 48-year resident of Eden Prairie and has put a lot of effort into his property to make it a wildlife haven—it has been featured in the Star Tribune and will soon be featured on the Home and Garden network. He presented photos. Eggan said he has a background in real estate and as a general contractor and understands the road alignment process. For most of the road,there are few choices. For his section,however,there is a viable alternate alignment. Eggan said he had heard of the possible expansion when he purchased his property seven years ago, but the engineer at that time believed it would be more logical to align the road further south onto vacant land rather than taking private land on the north. He proposed shifting the road 15 feet south along his section. Eggan said he had researched the impacts of this shift. The main one would be less space for the Flying Cloud baseball fields. Eggan said he had referenced measurements on the size of field needed for different ages as published by the Eden Prairie Baseball Association and the University of Minnesota. The fields would still be adequate to the age of kids who use them and could still be used for football and soccer. In regard to Parks' need for trees and snow removal,Eggan said they could use a snowblower. Eggan acknowledged Staff had said he might not be able to save his trees even with the realignment, due to utility easements. Eggan argued it would not be logical or in line with history for Xcel to purchase an easement from him. He also said he is not legally required to grant them an easement for utility poles. Eggan further argued shifting the road 15 feet south would save hundreds of thousands of dollars in land acquisition and utility costs. The Flying Cloud fields are leased CITY COUNCIL MINUTES December 5,2005 Page 7 and the City does not need to put trees on temporary land. It would be better to protect homes that will be there for the long term. Tom Siering,President of the Eden Prairie Baseball Association, clarified the Association's position. The fields are used for 7-8 year olds for both games and practices. The fields are big enough for games even with the southern alignment. However, at this age,there are a lot of practices for player development. Typically,one team uses the infield and the other the outfield. This could affect safety, as players would be hitting close to the fence. Siering said the Association could live with the southern alignment provided the trees could be saved and the road design were equally optimal. Otherwise,the Association would prefer the current alignment. Matt Schimmel,9097 Gateway Lane,stated he had been a general contractor and developer in the past. He argued the design is exaggerated for the use. Gateway Lane is a small neighborhood with little traffic,which county surveys confirmed.Having a right turn lane there encourages people to turn there in error while searching for Cedar Ridge Elementary. Only major intersections should have a right turn lane. Residents of the Gateway neighborhood do have an alternate exit through Candlewood Parkway to Eden Prairie Road. There also needs to be a crosswalk for kids crossing to Cedar Ridge Elementary. Schimmel argued Pioneer Trail is busy already and building it out will only increase traffic volumes and speeds. With T.H. 5 and the new Hwy 212,the area does not need another trunk highway. The planned 120-foot wide intersection at Gateway Lane with turn lanes and a median would significantly impact his property. A five-foot berm with a fence and six fair-sized trees would need to be removed. Schimmel's house would be less than 30 feet from the highway. Schimmel said expanding Pioneer Trail to some extent would be fine,but it is not good design or necessary to include all the turn lanes. Tyra-Lukens asked the project manager to address the turn lanes and the design principles. He noted the section east of Hwy 212 does not have turn lanes. It's still safe,but it is safer to remove turning traffic. The City surveyed residents as a result of the fall neighborhood meeting and the majority favored turn lanes to reduce crashes. Steven Schmidt,9100 Gateway Lane,said he had first heard of this project in March 2005. Because the road was extended from to Gateway Lane late in the process,their neighborhood did not have a representative. A six-lane intersection is overkill for a neighborhood of eleven families. He asked about accident rates on the section of Pioneer Trail east of Highway 212,without turn lanes. Gray said it is hard to look at the history of that section specifically since it is only four years old.However,national data indicate adding turn lanes to funnel traffic from a high-volume highway to a low-volume street is one of the most significant ways to increase safety. He acknowledged the neighborhood came late to the process CITY COUNCIL MINUTES December 5,2005 Page 8 and had to be independently brought up to speed. It will be easier to get onto Pioneer Trail with the new light so there will be more volume at the intersection. Michael McGraw, 15640 Pioneer Trail, said he first opposed the project,but now supported it. With three fatal accidents and an airlift on his corner,the project is needed for safety. McGraw suggested plantings of wild grasses on the median, similar to T.H. 62,to reduce speeds and give a nice look. The project would unify the road. McGraw suggested wildlife crossing bridges and just having a nice sidewalk on the south side rather than sidewalks on both sides. Rick Johnson,of 15080 Pioneer Trail, said he was the committee member representing Zone 4. The people in the zone are in agreement to move the road 15 feet south to avoid land acquisition on the north. Johnson said more ball fields will be added to the area between Grace Church and the Flying Cloud fields which will make up for the impacts to baseball. One neighbor has a farmstead and will lose his left-turn access, having to go a half-mile out of the way. Johnson said one of the original plans had a more southern orientation that was acceptable to the City. If it was acceptable then, it should be now. Tom Siering,President of the Eden Prairie Baseball Association,clarified fields are moving to the new locale,not being added. Another is a replacement for the CMS field lost due to Hwy 312. These fields will be used by adults. MOTION: Butcher moved, seconded by Aho,to close the Public Hearing. Motion carried 5-0. Case noted conflict of interest issues require a personal financial benefit. He noted he lives on the corridor at the intersection of LaRivier Court and Pioneer Trail. He had intentionally not participated in the process. While the proposed southern shift would not affect Case's property, it would benefit the 10 properties to the east with 30-foot setbacks. Case said he had spoken to all his neighbors in Zone 4. The shift makes sense for all 10 properties. It is a public vs.private land issue. The City does value private land ownership. Case said he had measured the baseball fields and they would be workable.It is a case of property rights,not saving individual trees. Engineers would prefer not to go south,but it is workable. Case asked if the farmstead could move its driveway to resolve the access issue. The project manager said the alternate driveway site is MAC land and they are not willing to grant an easement. MAC is firm about the siting of the entrance point. Case asked if the turn lanes are necessary at every small street. The project manager acknowledged that throughout the County,you see turn lanes only at major streets. They are provided at all locations here. Young asked Dietz and Lambert to address Eggan's issue. Dietz said the situation is interesting because no one is saying it can't be done, but they are willing to live with it. Putting in a 15-foot jog in the road is not the best idea, but it can be done and is done all the time. Dietz said the chances of saving Eggan's trees under the CITY COUNCIL MINUTES December 5,2005 Page 9 new alignment would be about 50-50. The Staff would do everything in its power to save them but there is no guarantee. The project manager said the construction limits would fall south of the trees,but the utilities are not placed until the final design. There is also the issue of drainage and where to put the signal pole.Dietz noted there might be a need for temporary utility lines which might also impact the trees. Young asked if"not optimal"meant the re-routing would not be safe. The project manager said it is more an aesthetic issue the road will look like there was a mistake.The towers are a control point so making a bulge in the road is the only option. Tyra-Lukens asked whether Eggan's description of cost savings was accurate. If so,perhaps the savings could be used to relocate the tower. The project manager said the savings would depend on what MAC wanted to charge for their property. Due to all their impacts, they are not willing to give an answer on how much they would want.Young asked for confirmation the main issue was aesthetic. The project manager agreed, saying the realignment wouldn't compromise safety. Dietz demurred, saying any bend in the road creates safety issues with inattention. Bends are made and the road would be built to the same standards, but it is more than just aesthetics. Lambert noted he had previously lived adjacent to Eggan's property. The trees were 4 inches in diameter 25 years ago and not quite as old as portrayed. From a Parks standpoint,the biggest impact is not Flying Cloud fields but huge tree impacts at Staring Lake Park, where 40-foot evergreens will be lost. The farmstead is a priority for parks acquisition should it become available. Lambert said the ball fields would be adequate for games under the proposed alignment but inadequate for outfield practice. There would be 40-50 feet less space than there is today. There will be no football capacity there regardless of the alignment chosen. The area is too narrow and the light standards will be lost. MAC will not allow their replacement. Football will move to Miller Park. Parks could get by with the southern alignment but it is not preferred. Eggan said there is a similar shift in the road near LaRivier Court. Drainage would not be an issue because he has berms. He said the 50-50 chance of saving his trees is a matter of opinion and the City should err on the side of the public. He suggested removing the median to save 15 feet. Tyra-Lukens said the main issues seemed to be the proposed 15-foot shift and the right turn lanes. She supported the turn lanes strongly to accommodate future growth,but was ambivalent about the shift. Aho agreed the shift is tough. He was not so much concerned with the trees as impacting private land. He supported the shift if it could be done without seriously degrading field use. Butcher said the greater good needs to be served. She had previously thought the shift would have no negative impact,but now it is clear Staff and the Baseball Association are not very happy with the plan.Tyra-Lukens asked about removing the median. The project manager said the 18-foot median is consistent throughout CITY COUNCIL MINUTES December 5,2005 Page 10 the corridor,and taking it out would create confusion. In addition,because the left turn lane cuts into the median at that point, it is only 6 feet wide at that point. That six feet is needed for signage and can't be reduced. Young agreed the issue is difficult.He was sensitive to taking private property, even for public use. The safety issue at the ball fields is also a factor. Young said if saving the trees were guaranteed,he might think otherwise,but the impacts on the ball fields tipped him toward approving the motion. MOTION: Case moved, seconded by Tyra-Lukens,to amend the motion to relocate the alignment of Pioneer Trail 15 feet south from Staring Lake Parkway to LaRivier Court. The motion failed,with Case and Aho voting"aye"and Tyra- Lukens,Butcher,and Young voting"nay." MOTION: Young moved, seconded by Butcher,to adopt Resolution No.2005- 143 approving Preliminary Layout No. I for the Pioneer Trail (County Road 1) Improvements, from east of Highway 212 to west of Shetland Road. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Young moved,seconded by Case,to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho,Butcher,Case,Young,and Tyra-Lukens voting"aye." XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE ESTABLISHING A FLYING CLOUD AIRPORT COMMISSION—see minutes on Page 2. XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS& COMMISSIONS XIV. APPOINTMENTS XV. 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 CITY COUNCIL MINUTES December 5,2005 Page 11 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVH. ADJOURNMENT MOTION: Aho moved, seconded by Butcher, to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 10:45 p.m. ITEM UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP& OPEN FORUMIOPEN PODIUM TUESDAY,DECEMBER 13,2005 CITY CENTER 5:00—6:25 PM,HERITAGE ROOM H 6:30—7:00 PM,COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, 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 H I. BUSINESS SURVEY RESULTS In 2002, The City conducted a baseline survey of the business community that measured the level of satisfaction among businesses in Eden Prairie,particularly in relation to City services. This year,the City conducted a follow-up survey to determine where improvements have been made. Economic Development Director David Lindahl said overall,the results indicate that communications have improved since the first survey. Lindahl noted that the Chamber's Business Committee reviewed and made suggestions on the draft questionnaire. Dave Bender of MarketLine Research presented results of the survey his company conducted as a consultant to the City. Bender noted the survey included several new questions, including one about how the respondent's business has fared over the last three years. Key findings of the survey include the following: • 70%of businesses employ fewer than 10 full-time employees and a quarter of all businesses operate out of a home. • Over a third of businesses operate in the service sector. • Only one business in 10 plans to move from the City in the next five years, and nearly half of all businesses has operated in Eden Prairie for more than 10 years. • Almost six in 10 report business has increased over the past three years. • Nearly eight in 10 business representatives said they view the business climate positively. City Council Workshop December 13,2005—page 2 • More than half of all businesses continue to favor having operations in Eden Prairie because of the City's central location, proximity to airports and highways, closeness to management's residences, and closeness to customer and supplier bases. • Seven in 10 respondents reported they need nothing additional from the City in terms of business resources, and contact with the City has significantly declined since 2002. • Of those who have had contact with the City, eight in 10 are happy with the outcome. Based on the survey results,the consultants suggest the City: • Continue to build on positive business communications initiatives begun following the 2002 business survey. • Examine feasibility of developing a targeted communications program aimed at small businesses. • Look for ways to assist the"little guy." • Communicate the value of City services for property tax dollars. • Identify ways to broaden communications to business through the Chamber of Commerce and other cost-effective means. Mayor Tyra-Lukens asked if these results will be communicated outside the organization. Lindahl said he is developing a plan and that the results will be posted on the web site. Council Chamber II. OPEN FORUM M. OPEN PODIUM IV. ADJOURNMENT ITEM KO.7:V:E:] UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,DECEMBER 13,2005 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, 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, Finance Director Sue Kotchevar and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. RECOGNITION OF JODY CARLIN FOR RESCUE AT STARING LAKE This item was placed after the pledge of allegiance and prior to the HRA at 7:01 p.m. Neal recognized the quick thinking of City Staff Jody Carlin. At 6:30 a.m.on December 4,2005, Carlin was removing snow in Staring Lake Park when she heard a dog barking frantically. She followed the dog to Gadel,who had fallen through the ice, and called for help. Tyra-Lukens presented Carlin with a certificate of recognition. Gadel thanked the Mayor and Council for the recognition and presented a card to Carlin with his heartfelt thanks for her quick thinking,which he said undoubtedly saved his life. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Aho moved, seconded by Butcher, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL BUDGET WORKSHOP HELD TUESDAY,NOVEMBER 29,2005 Young corrected p. 14,third paragraph to add omitted information: "Young said the budget should be the number one issue before considering the levy, and Aho concurred." Young deleted this inaccurate record from his comments,p. 5, paragraph 5: The fire engine should not be dela, ey d and police and fire should be capped not cut. CITY COUNCIL MINUTES December 13,2005 Page 2 MOTION: Young moved, seconded by Aho, to approve the Council Budget Workshop minutes as published and amended. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE CHANGE ORDER 3 FOR CHARLSON AREA PHASE IV IMPROVEMENTS,I.C.02-5566 C. AWARD CONTRACTS FOR 2006 MAINTENANCE MATERIALS AND WATER TREATMENT CHEMICALS FOR 2006,I.C. 06-5661 D. ADOPT RESOLUTION NO.2005-144 RESCINDING RESOLUTION NO. 2005-131 CALLING FOR PUBLIC HEARING ON APPROVAL OF PLAN FOR REDEVELOPMENT PROJECT AREA NO. 6 (UNITED PROPERTIES REDEVELOPMENT PROJECT)AND ON APPROVAL OF TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (REDEVELOPMENT)DIST.NO.20 E. APPROVE LEASE AGREEMENT WITH HENNEPIN COUNTY FOR HAVA-REQUIRED ASSISTED VOTING EQUIPMENT F. APPROVE FUNDING RECOMMENDATIONS MADE BY THE HUMAN SERVICES REVIEW COMMITTEE FOR SOCIAL SERVICE PROVIDERS FOR 2006 AND 2007 G. APPROVE CONTRACT TO PURCHASE SOFTWARE FOR FAMILINK FROM THE EDINA SCHOOL DISTRICT MOTION: Butcher moved, seconded by Young,approve Items A-G on the Consent Calendar. Motion carried 5-0. VHI. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF AN ORDINANCE AMENDING THE FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS Neal explained this Ordinance establishes a fee schedule for the City's costs in administering Official Controls pursuant to Minnesota Statutes Section 462.353, Subd.4. This item sets all fees for various regulatory controls throughout the year. There were no comments from the public. Rosow noted the words"Revising the Title Page of Chapter 25"should be stricken from the ordinance as this action has already been addressed. CITY COUNCIL MINUTES December 13,2005 Page 3 MOTION: Case moved, seconded by Aho,to close the Public Hearing; and approve 1 St Reading of an Ordinance amending the Fee Schedule for Administration of Official Controls. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Young,to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho,Butcher,Case,Young, and Tyra-Lukens voting"aye." X. ORDINANCES AND RESOLUTIONS A. SECOND READING OF ORDINANCE NO.24-2005 AMENDING THE FEE SCHEDULE FOR ADMINISTRATION OF OFFICL&L CONTROLS AND ADOPT RESOLUTION NO.2005-145 APPROVING SUMMARY ORDINANCE Neal noted the First Reading of the Ordinance appears in the Public Hearings of this agenda. MOTION: Aho moved, seconded by Butcher,to approve 2nd Reading of the Amended Ordinance No. 24-2005 updating the Fee Schedule for Administration of Official Controls, and adopt Resolution No.2005-145 approving Summary Ordinance for publication, including the change noted during the public hearing. Motion carried 5-0. B. SECOND READING OF ORDINANCE NO.25-2005 ESTABLISHING THE FLYING CLOUD AIRPORT ADVISORY COMMISSION AND ADOPT RESOLUTION NO.2005-146 APPROVING SLTMIM ARY ORDINANCE Neal noted the first reading of the ordinance was approved by the City Council on December 5,2005. Subdivision 2.A.was modified to revise the language regarding classification of the airport to read: "including:the classification of the airport under federal and state law:rules and regulations of federal and state agencies governing the operation of the Airoort:" In addition,the phrase"and such other matters as the City Council may direct from time to time"was added at the end of this section. Finally, the provision regarding the setting of meetings was removed since this is covered in the general provisions covering all Boards and Commissions. Pursuant to this general section the Council determines the regular meeting schedule and Boards are allowed to call special meetings. Neal said he had presented the ordinance to the Metropolitan Airports Commission for their review regarding cost participation. The MAC requested two changes to the language. Instead of assuming 50%of the financial costs,the MAC would agree to assume 50%of the costs of administration and staffing. This would exclude responsibility for"operation,"which could include more expensive items such as studies. Rosow said the words"and other duties"were removed for similar reasons. CITY COUNCIL MINUTES December 13,2005 Page 4 Case said the revisions seemed reasonable. Aho asked about the cost to run the commission. Jeremiah said the Commission used 400 hours of a senior planner's time plus some additional administrative costs. Aho said that is a pretty significant effort. He asked if Council would control the makeup of the Commission and reject appointments if the makeup were not suitable. Tyra-Lukens said yes, except for the MAC representative. Case questioned the 400-hour figure,noting the City was in a legal battle the last time the Commission was active. Staff time would probably be closer to 50-70 hours, as it is for other commissions that meet bimonthly. Neal noted the City is starting recruitment for Commissions early since there are two new commissions to fill. Council is welcome to encourage specific people to apply. MOTION: Case moved, seconded by Butcher,to approve 2nd Reading of Ordinance No. 25-2005 amending City Code Chapter 2 by Adding Section 2.27 Establishing the Flying Cloud Airport Advisory Commission and Adopting by Reference City Code Chapter 1 and Section 2.99 which, among other things, contain Penalty Provisions; and adopt Resolution No. 2005-146 approving Summary Ordinance for publication. Motion carried 5-0. XI. PETITIONS,REQUESTS AND COMMUTIICATIONS XII. REPORTS OF ADVISORY BOARDS& COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. 2006 Property Tax Lew,2006 General Fund Budget,and 2006 HRA Tax Levy(Resolution No.2005-147) Neal reviewed that on September 6, 2005, the Eden Prairie City Council adopted a resolution certifying the proposed 2006 City property tax levy. Calculations for the City showed the certified levy to be $28,978,845. Since the preliminary levy was adopted the following changes have been made to the tax levy: Reduction of Expenditures $ (200,000) Use of Budget Stabilization Fund (215,000) Reduce CIP Levy (252,709) Reduce Debt Levy for Fire Station#4 (290,000) Increase Levy for Park Referendum 1,076,724 Total Change $ 119,015 This changes the total levy to $29,097,860. The City considers its total net levy to be the amount further reduced by the Fiscal Disparities distribution CITY COUNCIL MINUTES December 13,2005 Page 5 of($1,284,921). Accordingly,the City's resolution shows a net levy of $27,812,939. According to state statute,the final levy amount must be certified to the county auditor by December 28,2005. City Council adoption of the final levy and budget will complete this process. Neal referred Councilmembers to the Truth in Taxation public hearing documents for a summary of those numbers. Case asked for clarification on the current levy increase—is it 3.7%, or 4.8%? Neal said the current proposal is still 4.8%. The 3.69%number was generated from Case's former proposal to transfer$500,000 in budget stabilization funds, as opposed to $215,000 reflected here. Tyra-Lukens believed the original proposal called for an 8.6% increase in the levy and an 8.4% increase in the budget. Neal confirmed this. The 4.8%levy proposal above is the budget Staff is recommending at this time. Tyra-Lukens noted Council has a wide range of desires regarding the budget and levy and invited discussion or a motion. She directed attention to Neal's recent memo regarding additional cuts and a utility fund transfer. Neal said his memo of that morning outlined$5,000 in travel and training reductions, $25,000 in motor fuel reductions, and an additional $70,000 transfer from the utility fund to cover overhead cost for a total impact of $100,000. Kotchevar said this would reduce the levy increase from 4.8% to 4.4%and the budget increase from 6.2%to 6.1%,pre-referendum. MOTION: Butcher moved, seconded by Tyra-Lukens,to incorporate the additional $100,000 in cuts and adopt Resolution No.2005-147 certifying the 2006 Property Tax levy to be$28,997,860; approve the 2006 Budget of$36,868,552 as reviewed by the Council; and consent and approve the HRA tax levy of$200,000. Aho expressed appreciation for Staff s work on the budget, characterizing them as excellent,competent and reliable. His job,however, is to reflect the concerns of residents, some of which are justified. Aho said he had campaigned on fiscal responsibility and thought this message resonated with voters. It is both justified and appropriate for Council to question the budget. Staff is best qualified to find ways to save money, but policy decisions and guidance are tasks for the Council to make decisions about service levels and philosophy. However,not all cuts affect level of service. Aho noted he had asked staff to present budgets at levels of increase he regarded as acceptable: 4%, 5%, and 3%. He expressed disappointment that the lowest budgets presented were at 4.7%and 5.2%. Aho said he also had specifically asked the budgets not cherry-pick police, and fire, and other critical services. However,the budgets presented had substantial impacts in critical services, which did not need to be cut in order to achieve savings. Except for$200,000 in budget reductions and an additional $100,000 included tonight,the current budget is very similar'to CITY COUNCIL MINUTES December 13,2005 Page 6 the original proposal. The other adjustments are deferred spending. In addition,the City is now adding $200,000 in HRA levy. Aho said the City's budget would double by 2015 if it continues to grow at a 7%rate. It is very important to realize the cumulative effect of such an increase. Aho said he received more input on the City's budget than on any other issue. Seniors worry they will be driven out of Eden Prairie if property taxes continue to rise. He supported using budget stabilization funds to lessen the impact. Aho said the budget is too high in these economic conditions,and that none of his requests was incorporated into the budget. Butcher appreciated Aho's perspective. She noted everyone had worked hard on this budget. This is the 12t'meeting. Butcher said she supported the proposed budget,which is a 6.13%increase over last year. The levy increase of 4.4%is less than the rate of inflation.Butcher listed what this budget accomplishes: maintaining current service levels for basics like snowplows, public safety,and parks;providing competitive wages and benefits to retain the City's excellent staff, funding expected increases in utility and fuel costs, and maintaining facilities to preserve the City's investment. Butcher said this is the best possible budget and is in keeping with public support. She noted just as many people spoke in favor of the budget at the Truth in Taxation hearing as spoke against it. This budget will help maintain the City's strong financial position and AAA bond rating. The data presented at tonight's workshop indicate the business community is looking for high quality of life for their employees, and that the business community sees good value for their tax dollars. Council truly weighed the budget. The City is always prudent and has one of the lowest levies in the metro area. The budget will sustain this great City and help it thrive, not just survive. Young echoed Butcher and Aho's compliments to staff and praised them and the business community for their contributions to Eden Prairie's quality of life. He continued to express dissatisfaction with the budget. Young said he first addressed the issue of budget discipline in September. His feeling was the budget should be capped at no more than a 5% increase in true general fund operating expenses,before any transfers. The real cost of government is the issue. Tapping the budget stabilization fund is fine—it has more cash than it needs--but the budget is still the main issue. Young said he didn't support the current budget because the operating budget increase exceeds 5%. Young said the current discussion is just one step in a longer process. Next year,there should be more citizen input and new avenues for them to give it. The budget timeline was four to six weeks ahead of schedule this year, but needs to be even earlier for Staff to realistically respond to CITY COUNCIL MINUTES December 13,2005 Page 7 Council's requests for data. There also need to be some kind of checks and balances in the budget process to promote efficiency. Competition ensures efficiency in the private sector,but since the City has a monopoly, some other check needs to be created. A budget task force could be a means to promote maximum efficiency.Young reiterated his support for a 5%maximum budget increase. Case said Councilmembers have more points of agreement on the budget than disagreement. All agree this year's property tax increase, including all the different levies, is unbearably high. All agree the City's property tax levy is reasonably low this year, lower than in prior years and lower than many other cities'. All agree not to cut police, fire, or wages and benefits. Case shared he heard at a recent conference that cutting staff wages and training demoralizes staff and quickly erases any savings gained. Case stated that Young wants a 5%maximum increase,Aho wants a 4-5% increase, and Tyra-Lukens, Case, and Butcher are comfortable with the current budget with a strong desire not to cut programs and services. Case proposed a compromise. Case said he had talked to Young at length over the weekend and believed he heard two main issues: bringing prosecution services in-house, and developing a mechanism to review specific areas in the budget. Regarding prosecution,Case noted Neal did not endorse the idea of bringing it in-house because few cities do so, and the few who do spend more. Case said he was nevertheless willing to do a two-year trial. Assuming the new arrangement could be up and running between March and June of 2006,the City would actualize about$100,000 in savings this year if Young's estimates were correct. Case thought this might be on the high side,but the City could go back to outsourcing with the same firm or a different one if bringing prosecution in-house did not work out. The current prosecution contract is month-to-month so there is no cost to terminate it. Regarding budget oversight,Case said it never hurts to have more information. He was open to a budget task force with a specific charge. Case believed the City would get a lot of affirmation for its financial and budget practices, but for one or two years, a budget task force could make sense. Case reiterated his commitment to avoid cuts that impact real people. He noted the popularity of the Cummins-Grill house holiday event. Community building is important,whether you judge its impact based on participation or dollars. Case objected to the idea of raising some programs as expendable while regarding others as sacred. Different programs appeal to different sectors and the Council has to remember that. For example,the community specialist position serves u to 2,000 Somali P P t3' P P residents. Cuts need to be in areas of efficiencies not programs. Case restated his compromise proposal: organize a budget task force to be involved early in the process(in the summer), and reduce the budget an CITY COUNCIL MINUTES December 13,2005 Page 8 additional $100,000 by bringing prosecution in-house. Together with Neal's cuts adopted earlier in the meeting,the budget increase would be into the 5's and the levy into the 3's. Case said he would also be willing to take more from the budget stabilization fund. He said this could be a proposal the whole Council could support to offer both a sense of unanimity and responsiveness to outside tax impacts,desired services, and staff preferences. Tyra-Lukens said each Councilmember would have to compromise on this proposal,but it could be workable. She asked what the impact on the budget and levy would be. Kotchevar said the budget increase would drop from 6.2%to 5.8%under Case's proposal. The levy would drop from 4.8%to 4.1%. Butcher asked to hear from Staff. Neal said legal services are a complex topic. In theory, it seems the in-house model ought to work,but he wondered why he was not able to find it in operation anywhere. Trying it involves some risk. Neal noted the City doesn't just prosecute jaywalkers and speeders—there are serious crimes like domestic violence. The legal services area has been under study for the past two years.Neal said it would be difficult for the City to generate that level of savings. Young said he was glad to hear Case was open to a budget task force. He reemphasized the need to look at cost of government,exclusive of transfers. Young stated the 6.2%increase is closer to 7%in reality because it includes a$215,000 transfer. In a perfect world, Council would have charged Staff to present budgets with 3%, 4%, and 5%increases in the beginning. As things stand, Council is left trying to pigeonhole. Young said efficiencies are the first priority,but since the budget it not set up that way,he looked for services municipalities don't traditionally provide. For example, changing the Comprehensive Plan with consultants is expensive. Aho asked Kotchevar to recalculate the budget increase without the$215,000 budget stabilization fund transfer and the $75,000 utility transfer. Kotchever explained these transfers do not impact the budget increase, but only the levy. The true budget increase is 6.2% regardless of transfers. Case said discounting transfers is like saying fees don't count when they 0 are 25/o of City revenue. Reducing savings to sustain unreasonable expenses is not good,but the budget stabilization fund was gathered in the City's development phase to fund budget crunches as the City becomes fully developed. Regarding the cost of government,Case said it is hard to get an objective tool in a subjective environment,but there are some possibilities. One was a tool discussed at a seminar he and Aho recently attended. Presenters suggested using a ratio of average personal income data vs.the price of government to track the City's performance over time. There is no ideal ratio,but if the ratio stays fairly consistent over time,the city will be in a sustainable position to maintain its services and infrastructure. Another tool suggested at the conference was the city's CITY COUNCIL MINUTES December 13,2005 Page 9 taxes over the past ten years, based on the idea the elections and referendums indicate voter support for those levels. Case asserted the City would probably do well under either measure, and that the cost of government is stable.The outpouring of negativity-is more due to increases by sister governmental units. The task force might be able to come up with some objective tools. Right now,there is not even a way to tell if the Eden Prairie economy grew. Northwest has a bad year, but the region as a whole is up. Case noted voters chose to raise their own taxes by voting for the referendum. The message was not to cut everything else to pay for it. That doesn't mean the City should run up expenses,but it does indicate voters want quality of life. Tyra-Lukens noted the budget increase is 6.2%and the implicit price deflator is 5.1%. The budget is barely higher than inflation,and that doesn't even account for population growth. There are more parks, more streets, and more assessments as the city grows. Rather than being flat, the budget is if anything taking a step backward. The budget has probably doubled over the previous ten years and may again. When levy limits were in place,the increase considered reasonable equaled the population growth plus inflation. This year,that figure is about 9%, and even the original budget proposal came in below that. The budget is not ramping up by any means. Aho said using a ratio of personal income and city budget was a flawed premise. Lower personal incomes would require more government spending. In terms of the budget,the increase has been below 7%in past years. Growth is now slowing with less development and less money needs to be put into infrastructure. Areas like the replacement of park signs at$180,000 could be ways to save. Aho said his 3-5%range is based on his business experience and what people are telling him. Some are worried about having to move out of town if property taxes continue to rise. Tyra-Lukens said although the City is mostly built out,there is now more to maintain in parks and facilities. The CIP has dedicated$50 million to roads because the City's roads are wearing out. Tyra-Lukens clarified the income-budget ratio is not designed to be constant between different cities,but constant over time to indicate the City is maintaining its investment in the community. Case said the idea was to get some kind of objective measurement,not necessarily that particular ratio. The levy limit formula was one tool to measure the cost of government and citizens seemed to accept that. Butcher noted taxes are going up in all municipalities. The State balanced its budget through reductions in local government aid and also took away the market value tax credit. Butcher said a state representative told her as much: "we balanced our budget and passed it on to you." Given the CITY COUNCIL MINUTES December 13,2005 Page 10 changes and the fiscal disparities payment,the City is doing remarkably well. Young said he felt like he was buying a new car,where the buyer wants to talk about the price of the car and all the dealer wants to discuss is the monthly payment. There are many ways to look at the budget and levy. A Young said a 5%increase felt right on a gut level and he still felt that way. Tyra-Lukens noted the budget increase has already been reduced from 8.4%to a possible 5.8%. Was Young not willing to sacrifice the 0.8%? Young said the general fund increase is still 7.3%, and the focus should be there. The debt levy and deferred spending got it to 6.2%. That number is not relevant. Tyra-Lukens asked why reducing the CIP is not a real reduction. Young said the general fund equals the cost of government. Case asked why 5% is a magic number. When a 4%increase means $3.00/month,a 3%increase means$2.30/month, and 0%increase$0 per month,the increase does not have a huge impact on people. However,the specific cuts proposed do impact people. Case said all Councilmembers had rejected a number of the items from the Taxpayers Alliance$1 million list. It is a copout to tell staff to find the cuts. Cutting down to a 4% increase would be irresponsible. Case said he compromised to try to get unanimity,but if an arbitrary line is drawn the discussion is done and that's unfortunate. Young said 5%is not arbitrary and noted his ideas for cuts were thrown out. MOTION: Aho moved, seconded by Tyra-Lukens,to amend the motion to try bringing legal prosecution services in-house and reduce the budget and levy by$100,000. The revised Resolution No.2005-147 would certify the 2006 Property Tax levy to be $29,897,860; approve the 2006 Budget of$36,768,552 as reviewed by the Council;and consent and approve the HRA tax levy of$200,000. Kotchevar confirmed this change would yield a 5.8% increase in the budget and a 4.1%increase in the levy. Case noted the budget vote would likely be split regardless and asked if Councilmembers really wanted to support this amendment. Aho said savings are unknown;probably$140,000 to $100,000,but the trial is low- risk. Tyra-Lukens agreed but was concerned the measure ties Staffs hands. If savings are not realized,the budget has still been decreased $100,000. Case said there needs to be action ASAP to actualize savings. There also needs to be an escape hatch if efforts to implement in-house legal services are not cost-effective. Aho said if there truly were no savings they would revert to the current contract. Case noted Council could vote to pull from the budget stabilization fund. Neal said he could also cut elsewhere as he would with any unanticipated expense. Butcher expressed substantial reservations regarding the lack of due process and CITY COUNCIL MINUTES December 13,2005 Page 11 consideration of the issue but said she would vote for the amendment in the spirit of passing a budget. The amendment carried 5-0. The motion carried as amended 3-2 with Butcher, Y Case and T ra- Lukens voting aye,and Aho and Young voting nay. Case suggested a plan to look at a budget task force,though it was not part of the motion. It could be affirming,not adversarial, and could have a sunset on it. There is incredible expertise in the community that could be tapped. Tyra-Lukens said she had talked to Neal about having a workshop on the whole budget process as soon as possible—possibly at a retreat. Neal said this would be scheduled, probably for January. C. REPORT OF THE COMNHJNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Prioritizing Parcels for Acquisition Lambert said the Parks,Recreation and Natural Resources Commission wished to be involved in prioritizing acquisition of parkland and getting prices. The Commission believes it is prudent to attempt to acquire any highly ranked parcel at the time the parcel is for sale instead of when they are not for sale. Two parcels are currently on the market: the Picha property in Birch Island Woods and the 9291 Riley Lake property. The latter was rejected by the City when it was for sale last year and is back on the market now. Aho asked if this was the old Shuldheiss property, and Lambert conformed this. Aho asked why the City would want to look at it again so soon. Lambert said he still strongly recommended the parcel be acquired. There are two parcels left, including 1500 feet of lakeshore that are surrounded by parkland. The property eventually sold for$195,000 less than the original asking price and$30,000 less than the price discussed with the City. The City will regret not acquiring the parcels if they are not in the system. There is currently no water and sewer to the parcels,preventing expansion,but they could be added in the next year or two. The parcel could then be combined and a large home built there, making the property much more expensive. There is also the potential for great conflict with the park,with the park on one side and public beach on the other. The last parcels for sale in a park are always the most expensive. Young asked how much money is set aside for parks acquisition. Lambert said there is not enough money in the referendum to acquire both parcels. The City could acquire one, or acquire part of the Picha property, or use park dedication fees and eliminate something else. CITY COUNCIL MINUTES December 13,2005 Page 12 Case said he had opposed the previous Riley Lake acquisition but was now more favorable. Though the current owner is a great steward of the park,the property site could lead to enormous grief for the City if a million-dollar house were built there. He supported finding out the sale price and said it could only go up. Tyra-Lukens said the motion is only to negotiate so she felt comfortable with it. MOTION: Butcher moved, seconded by Case,to authorize City staff to prepare a memorandum listing the parcels projected to be eventually acquired by the City for the park and open space system, listing the status of these parcels for the purpose of prioritizing parcels for acquisition; and authorize staff to negotiate with the property owners at 9291 Riley Lake Road and the Picha property to determine the lowest possible price for those parcels at this time. Motion carried 5-0. 2. Park Sien Designs Lambert said the City began talking about a new logo about five years ago. All park sign replacements were put on hold at that time. As a result, there is a backlog of 25 to 30-year-old signs that need replacing. Lambert recommended replacing the signs this year with park dedication fees. Rather than hiring consultants, Staff went to four major sign companies to get designs. Two companies provided designs and two provided designs with the caveat they would be paid for design services if they did not receive the contract. The Arts and Culture Commission reviewed the submitted sign designs and have recommended sign design J. The Parks, Recreation and Natural Resources Commission reviewed the sign designs and recommended sign design F.The Parks,Recreation and Natural Resources Commission requested the background behind the facility location letters be a dark green, and the words"Live - Work-Dream"be included under the words Eden Prairie.It was also suggested that if sign design J was selected that the Eden Prairie logo fill in the entire space in the lower one-third of the sign. Tyra-Lukens asked about sign composition. Lambert said they would be painted metal similar to the City Center sign on Mitchell Road. The signs would be vertical to rise above banked snow with reflective letters,park names and addresses,and the logo. The signs at Staring Lake and the Community Center would likely have event slots. Lambert showed the design options and asked Council to choose one so the project could be bid out. If approved,the signs would be replaced over the summer in the same locations they are now. Tyra-Lukens asked if the different designs had any impact on the cost. Lambert said no. The size,materials and paint cost are the drivers. Aho asked if the signs were lit inside. Lambert confirmed they would not be,though some have spotlights. CITY COUNCIL MINUTES December 13,2005 Page 13 Case favored design J. The park name is prominent and the address is big. Widening the logo would be fine. The sign is readable. Butcher concurred. MOTION: Case moved, seconded by Butcher,to approve park sign design J, including a possible widening of the logo,to replace existing park signs throughout the City. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. Court Dismissed Advantaee Media vs. City of Eden Prairie Lawsuit Rosow reported the U.S.District Court dismissed Advantage Media vs. the City of Eden Prairie.The City's ordinance was sustained in every portion. As of February 2004,no portion of the ordinance was unconstitutional or invalid. Rosow said the brief reflected a good decision for the City and other cities, especially Hopkins,which had a similar case thrown out and is appealing. Rosow praised the League of Cities for its good defense of the City of Eden Prairie and commended staff for their due diligence in explaining why the project in question didn't meet code. XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Case,to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 9:03 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 3,2006 DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.: VLA. Finance Department A Resolution Authorizing City Officials to Sue Kotchevar,Finance Director Transact Banking Business Requested Action Move to: Adopt the resolution authorizing the persons holding the office as Mayor, Manager and Treasurer or Deputy Treasurer to act for the City of Eden Prairie in the transaction of any banking business with the official depositories. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS BE IT RESOLVED,that the persons holding office as Mayor,Manager, and Treasurer of the City of Eden Prairie,be and they hereby are, authorized to act for the City in the transaction of any banking business with the official depositories(hereinafter referred to as the banks). Such written notice to the bank to the contrary,to sign checks against said account, which checks will be signed by the Mayor, Manager and City Treasurer or Deputy Treasurer. The bank is hereby authorized and directed to honor and pay any check against such account which is signed as above described,whether or not said check is payable to the order of, or deposited to the credit of, any officer or officers of the City including the signer or signers of the check. BE IT FURTHER RESOLVED,that the Acting Mayor be authorized to sign checks as an alternate for the Mayor and the Deputy Treasurer be authorized to sign checks as an alternate for the Treasurer. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of January, 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta,City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 3,2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.B. Finance Department A Resolution Designating Depository Sue Kotchevar,Finance Director Requested Action Move to: Adopt the resolution designating Anchor Bank of Eden Prairie as the official depository for the public funds of the City of Eden Prairie. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006- A RESOLUTION DESIGNATING DEPOSITORY BE IT RESOLVED,that Anchor Bank of Eden Prairie of Minnesota, authorized to do banking business in Minnesota,be and hereby designated as the Official Depository for the Public Funds of the City of Eden Prairie, County of Hennepin,Minnesota. The City Treasurer shall maintain adequate collateral for funds in the depository. ADOPTED by the City Council of the City of Eden Prairie on the 3rd day of January, 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 3,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.C. Finance Department A Resolution Authorizing use of Facsimile Sue Kotchevar, Finance Director Signatures by Public Officials Requested Action Move to: Adopt the resolution authorizing the use of facsimile signatures of the Mayor, the City Manager and the Treasurer on checks, drafts, warrants, vouchers or other orders on public funds deposited. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2006- A RESOLUTION AUTHORIZING USE OF FACSE IILE SIGNATURES BY PUBLIC OFFICIALS BE IT RESOLVED,that the use of facsimile signatures by the following persons: Nancy Tyra-Lukens,Mayor Scott H.Neal, City Manager Susan Kotchevar, Treasurer on checks, drafts,warrants,vouchers or other orders on public funds deposited hereby is approved and that each of said named persons may authorize the depository bank to honor any such instrument bearing her/his facsimile signature in such form as she/he may designate and to charge the same to the account in said depository bank upon which drawn, as fully as though it bore her/his manually written signature and that instruments so honored shall be wholly operative and binding in favor of said depository bank although such facsimile signature shall be affixed without her/his authority. ADOPTED by the City Council of the City of Eden Prairie on this 3rd day of January, 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 3,2006 DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.: VI.D. Finance Department A Resolution Authorizing the Treasurer or Deputy Sue Kotchevar, Finance Director Treasurer to Invest City of Eden Prairie Funds Requested Action Move to: Adopt the resolution authorizing the City Treasurer or Deputy Treasurer to invest City of Eden Prairie funds. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2006- A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS BE IT RESOLVED,by the City Council of the City of Eden Prairie,County of Hennepin,that the City Treasurer or Deputy Treasurer is authorized to invest City of Eden Prairie funds with any bank, or other financial institution authorized to do business in the State of Minnesota in Certificates of Deposit,U.S. Government Notes and Bills, obligations of the State of Minnesota or any of its subdivisions,Federal Government Agency Bonds and Notes, Saving Accounts and Repurchase Agreements and any other security authorized by law. The City Treasurer shall maintain adequate collateral for funds deposited. ADOPTED by the City Council of the City of Eden Prairie on this 3rd day of January, 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 3, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VLE. Finance Department A Resolution Authorizing the Treasurer or Deputy Sue Kotchevar,Finance Director Treasurer to Make Electronic Fund Transfers for the City of Eden Prairie Requested Action Move to: Adopt the resolution authorizing the City Treasurer or Deputy Treasurer to make electronic fund transfers for the City of Eden Prairie. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2006- A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR THE CITY OF EDEN PRAIRIE BE IT RESOLVED,by the City Council of the City of Eden Prairie,County of Hennepin,that the City Treasurer or Deputy Treasurer is authorized to make electronic fund transfers with any bank, or other financial institution authorized to do business in the State of Minnesota, for investments of excess cash,payment of bond principal, bond interest and a fiscal agent services charges,monthly sales tax, state payroll withholdings and other banking transactions deemed appropriate by the Treasurer or Deputy Treasurer. ADOPTED by the City Council of the City of Eden Prairie on this 3rd day of January, 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 3,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.F. Finance Department A Resolution Authorizing Payment of Certain Sue Kotchevar, Finance Director Claims by Finance Department Without Prior Council Approval Requested Action Move to: Adopt the resolution authorizing payment of certain claims by the Finance Department without prior Council approval. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2006- AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL BE IT RESOLVED,that the following types of claims may be paid by the City Manager,Treasurer, or Deputy Treasurer,without prior approval by the City Council. Contracted items(utilities,rent, land, school, conference and related travel expenses, easements, construction, etc.) Payroll Liabilities Refunds Postage Programmed Professional Performances Petty Cash Invoices which offer discounts or have interest added Licenses and Fees Payments to vendors not allowing charge accounts Tickets paid by registration fees Motor vehicle registrations Employee expenses Insurance Amounts due to other government agencies Liquor store inventory items Police "buy"money Payments to comply with agreements which provide for a fixed time for payment ADOPTED by the City Council of the City of Eden Prairie on this 3rd day of January, 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 3, 2006 DEPARTMENUDIVISION. ITEM DESCRIPTION: ITEM NO.: VI.G. Office of City Manager Resolution Appointing Commissioners to the Eden Prairie Housing and Redevelopment Authority Requested Action MOTION: Move to adopt the resolution appointing City Councilmembers to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and the City Council appoints Nancy Tyra-Lukens as Chair; Scott Neal as Executive Director and as Secretary of calendar year 2006. Synopsis This appointment requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- A RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY WHEREAS,the Mayor has the authority to appoint the members of the Eden Prairie Housing and Redevelopment Authority(HRA); and WHEREAS,the Mayor has appointed the members of the Eden Prairie City Council,to- wit: Brad Aho, Sherry Butcher,Ronald Case,Philip Young and Nancy Tyra-Lukens,to serve as the commissioners of the Eden Prairie HRA for terms of office concurrent with their terms as members of the Council; and WHEREAS,the Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie (HRA)have authority to make appointments. NOW THEREFORE,BE IT RESOLVED,that the City Council affirms the appointments made for the terms set forth above and hereby appoints Nancy Tyra-Lukens as Chair; Scott Neal as Executive Director and as Secretary of calendar year 2006. ADOPTED,by the City Council of the City of Eden Prairie, on the 3rd day of January, 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 3,2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.H. Resolution Designating the Official Office of City Manager Meeting Dates,Time and Location for Board and Commission Meetings in 2006 Requested Action Move to: Approve Resolution designating the official meeting dates,time and location for City Council appointed Boards and Commissions during 2006. Synopsis The schedule of regular meetings for the City's Boards and Commissions is established by the City Council on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2006- A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES,TIME AND LOCATION FOR CITY COUNCIL APPOINTED BOARDS & COMMISSIONS IN 2006 BE IT RESOLVED,that the City Council of the City of Eden Prairie,Minnesota and the City Council appointed Boards and Commissions will meet at 7:00 p.m. in the Eden Prairie City Center, 8080 Mitchell Road,Eden,Prairie,Minnesota as scheduled below. The Human Rights and Diversity Commission will meet at the EP Center Mall, Housing and Human Services Office. Additional workshops may be called if determined necessary by the Commission Chair and the Staff Liaison. Any regularly-scheduled meeting which occurs on a day when elections are held within the city limits of Eden Prairie will begin at 8:00 p.m. Robert's Rules of Order will prevail. Board / Commission' Scheduled Meeting Dates .r Board of Appeal and Equalization Thursday,April 20,and Tuesday,May 9 Planning Commission 2nd and 4d'Mondays Heritage Preservation Commission P Monday(January&February—4'h Monday) Human Rights&Diversity Commission 2°d Tuesday(no meeting in July or August) Parks,Recreation&Natural Resources 1 S`Monday Commission Arts& Culture Commission 2nd Monday ADOPTED by the Eden Prairie City Council this 3rd day of January 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta,City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 3, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.I. Office of City Manager Designation of Official City Newspaper Reguested Action Move to: Adopt Resolution designating the Eden Prairie Sun Current as the official City newspaper for the year 2006. Synopsis This designation is required on an annual basis. State Statutes requires the City to designate the Sun Current as the official newspaper because they have a primary office in Eden Prairie and the Eden Prairie News does not. Attachments Resolution Letter from Jeffrey Coolman,Vice President,Sun Newspaper Publisher CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006- A RESOLUTION DESIGNATING THE OFFICIAL CITY NEWSPAPER BE IT RESOLVED,by the City Council of the City of Eden Prairie,Minnesota that the Eden Prairie Sun Current be designated as the official City newspaper for the year 2006. ADOPTED by the City Council of the City of Eden Prairie, on this 3rd day of January, 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 3, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 96-5405 ITEM NO.: VI.J. Rodney Rue Approve Change Order No.2 for the Public Works/Engineering CSAH 4 and Valley View Road Intersection Improvements Requested Action Move to: Approve Change Order No. 2 for the CSAH 4 and Valley View Road Intersection Improvements, in the amount of$6,638.38. Synopsis This Change Order includes two(2)supplemental agreements that were prepared and approved by Hennepin County's Construction Division. The cost for both of these supplemental agreements will be the responsibility of Hennepin County. Background Information This project involves re-constructing three legs of this intersection,with double left-turn lanes on CSAH 4 (Eden Prairie Road) and a four-lane section on Valley View Road. The City of Eden Prairie is the contracting agency, with Hennepin County's Construction Division providing the construction administrative services. This project is financed with State Aid funds. Attachments • Change Order No. 2 • Supplemental Agreements Nos. 5 &6 January 3,2006 CHANGE ORDER NO.2 Project: CSAH 4(Eden Prairie Road) &Valley View Road Intersection Improvements City Project No. 96-5405 Contractor: Valley Paving, Inc. 8800 13`h Avenue E. Shakopee,MN 55379 Owner: City of Eden Prairie/Hennepin County Construction Engineer: Hennepin County Transportation Department, Construction Division Hennepin County's Construction Division is providing the construction engineering for this project. They have prepared and approved two(2)additional Supplemental Agreements with Valley Paving, Inc. Since the City of Eden Prairie is the contracting agency with Valley Paving, Inc.,we also need to approve the following changes: Sum lemental Agreement No. 5 Description of extra work: Special seed mix was specified by the watershed district near the retention basin and wetland mitigation area. Following is the estimated cost of this extra work: Item Unit Qty Unit Price Amount Seed,Mixture USSE MN Lb. 19.20 $29.00 $556.80 Tall Prairie Seed,Mixture UI Wetland Lb. 5.60 $200.00 $1,120.00 Erosion Stabilization S . Yd. 1,600 $1.65 $2,640.00 Estimated Total $4,316.80 Contractor Markup 10% $431.68 TOTAL for SA#5 $4,748.48 Change Order No.2 I.C.#96-5405 Page 2 of 2 Supplemental Agreement No. 6 Description of extra work: The contractor was required to relocate the source of power due to the relocation of Xcel Energy's relocation of their transmission pole. Following is the lump sum cost of this extra work: Item Unit Qty Unit Price Amount Service Change Over LS 1 $1,718.09 $1,718.09 Contractor Markup 10% $171.81 TOTAL for SA#6 $1,889.90 Original Contract Amount $1,694,930.86 Total Additions—Change Order No. 1 $ 35,770.38 Total Additions—Change Order No. 2 $ 6,638.38 Contract Amount To-date $1,737,339.62 The Supplemental Agreements Nos. 5 and 6 have been approved and accepted by Hennepin County and Valley Paving,Inc. (see attached Supplemental Agreements). THE ABOVE CONTRACT CHANGES ARE APPROVED: CITY OF EDEN PRAIRIE By By Mayor City Manager Date Date L SUPPLEMENTAL AGREEMENT HENNEPIN COUNTY SUPPLEMENTAL AGREEMENT NO. 05 TRANSPORATION DEPARTMENT CONTRACT NO. CONSTRUCTION DIVISION COUNTY PROJECT NO.9726 S.A.P.No.27-604-14 . COUNTY STATE AID HIGHWAY 4 LOCATION.: CSAH 4 and Valley View Road Intersection in the City of Eden Prairie CLASS OF WORK: Grading,Concrete K Curb& Gutter,Storm Sewer,Traffic Signal,and Bituminous Surfacing CONTRACTOR: Valley Paving,Inc. 8800 13'h Avenue E. Shakopee,MN 55379 This Contract is amended as follows: WHEREAS: This contract provides for,among other things,grading,clearing and grubbing,and construction of a storm water retention basin and wetland mitigation area; and WHEREAS: The plans and specifications showed the location of a retention basin and wetland mitigation area to be excavated;and WHEREAS The contractor was to place a seed mix on all disturbed areas as called for in the plans; .: and WHEREAS: The permit from the watershed district was approved after the plans were completed; and WHEREAS: The seed mixes 340,USSE MN Tall Grass and Ul Wetland specified by the watershed district are not the same as the seed mix shown in the plans;and WHEREAS: Some side slopes for the storm water retention basin were constructed at a lv: 3h slope; and WHEREAS: Erosion control blanket was used in the areas of the lv:3h slopes and also at the storm sewer inlet; and WHEREAS: The plans did not have a bid items for the new seed mix and erosion control blanket. NOW THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: 1. The contractor shall place the seed mix as required by the manufacture's recommendation. . 1 e - 2. The contractor shall place the erosion control blanket on all areas as directed'by,the engmer 3. Payment for the above said work shall be by the negotiated price as shown below under the Estimate of Cost. 4. Contract time will not be adjusted except as provided in Mn/DOT Specification 1806. 5. The contractor shall not make claim of any kind or character whatsoever for any other costs or expenses which he may have incurred or which he may hereafter incur in performing the work and fiimishing the materials required by this agreement. ' 6. Except as provided herein,all terms and conditions in said contract thereto shall remain in full force and effect. ESTIMATE OF COST Unit Item No. Item Unit Qy Price Amount 2575.608/ Seed,Mixture U5SE MN Lb 19.20 $29.00 $556.80 00025 Tall Prairie - 2575.608/ Seed, xture U1 Wetland Lb _ 5.60 -- $200.00- $1;120.00 Mi - 00028 2575.525/ Erosion Stabilization Sq.Yd. 1,600.00 $1.65 $2,640.00 00015 Blanket Type 3 Estimated Total $4,3I6,80. 2545.601/ Contractor Markup 10% $43168 00300 Total for SA 5 $4,748 48 tn Cost Distribution: Group 1 -100%Hennepin County - + ga � kf k t ^¢ IG �kT2 ` fi t t rNi �; .xtr -�fi�r_� Sy"` -•r yy Contractor,having signed this contract, and the County having duly approved this contract on 2005,pursuant to such approvol and the proper County official having signed this contract,the parties hereto agree to be bound by the provisions herein set forth. COUNTY OF HENNEPIN STATE OF NIINNESOTA Appr ved as to form and execution: By1' By: sistant Coup Attorney Manager,Construction Division Date: hi Recommended for approval: By: STATE OF MINNESOTA Project Engineer DEPARTMENT OF TRANSPORTATION VALLEY PAVING INC. For Funding Approval Only: . By. y, ar A. Carron e District - d Engineer Its: - B President --- - J And: Date: Its: VALLEY PAVING,INC. STATE OF NIINNESOTA ) ss. COUNTY OF SCOTT ) . This foregoing instrument was acknowledged before me on March 16 ,2005 by Richard A.Carron Pres. and y vi ta , I c. Nory Pub c Aft CAROL J.JOMSON4%DFMX My commission expires ��J 2 010 NOTARY PUBLIC- A My CwAvi tai E*a 3 SUPPLEMENTAL AGREEMENT HENNEP IN COUNTY SUPPLEMENTAL AGREEMENT NO. 06 TRANSPORATION DEPARTMENT CONTRACT NO. CONSTRUCTION DIVISION COUNTY PROJECT NO.9726 S.A.P.27-604-14 COUNTY STATE AID HIGHWAY 4 LOCATION: CSAH 4 and Valley View Road Intersection in the City of Eden Prairie CLASS OF WORK: Grading,Concrete Curb:& Gutter,Storm Sewer,Traffic Signal,and Bituminous Surfacing CONTRACTOR: Valley Paving,Inc. 8800 13'Avenue E. Shakopee,MN 55379 This Contract is amended as follows: WHEREAS: This contract provides for,among other things,grading,bituminous surfacing,and installation of a temporary signal system;and- WHEREAS: The plans and specifications showed the location of the temporary poles;and. WHEREAS: The source of power was located on an Excel pole located in the NW quadrant of the intersection;and WHEREAS: The plans did not indicate that this pole had to be moved;and WHEREAS: The transmission pole in the NE quadrant was to be relocated;and WHEREAS: Due to the transmission pole being relocated,the pole with the source of power in the NW quadrant had to be relocated;and WHEREAS. -The contractor VM required to disconnect the wiring to the source_of power;and....... WHEREAS: New conduit was installed and the signal system was rewired to the new source of power. NOW THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: 1. The contractor shall new conduit to the relocated electrical pole. 2. The contractor shall detach the wiring from the original source of power. 1 3. The contractor shall rewire the temporary signal system to the new source of power. 4. Payment for the above said work re-tiy ttlie negotiated price as shown below under the Estimate of Cost. 5. Contract time will not be adjusted except as provided in Mn/DOT Specification 1806. 6. The contractor shall not make claim of any kind or character whatsoever for any other costs or expenses which he may have incurred or which he may hereafter incur in performing the work and furnishing the materials required by this agreement. 7. Except as provided herein,all terms and conditions in said contract thereto shall remain in full force and effect. ESTIMATE OF COST Unit Item No. Item T�nrt' Q yt Price Amount 2565.601/ Service Change Over LS 1 $1,718.09 $1,718.09 01000 2545.601/ Contractor Markup 10% $171.81 00300 Total for SA 6 $1,889.90 Cost Distribution: Group 1-100%Hennepin County 2 Contractor,having signed this contract,and the County having duty approved this contract on 2005,pursuant to such approval and the proper County official having signed this contract,the parties hereto agree to be bound by the provisions herein set forth. COUNTY OF HENNEPIN STATE OF MINNESOTA Approved as to form and execution: iF ByA By: istant County Attorney Manager,Construction Division Date: Recomme ed for ap roval: By: STATE OF M 14NESOTA Project Engineer , DEPARTMENT OF TRANSPORTATION VALLEY PA , For Funding Approval Only: By: _ By: ,...�._.,_ / p �: ' . a Carron c. - ejio.District. -Aid Engineer ts: President And: Date: Its: - VALLEY PAVING,INC. STATE OF MINNESOTA ) 33. COUNTY OF SCOTT ) March 16. This foregoing instrument was acknowledged before me on ,2005 byRichard A Carr Pres. -. and o Va a in , nc. Notary Pub c CAROL J.JOHWANtAO" NOTARY PUNK•MW ESOM /2 01 0 M,Commission Eon Jan.31.2MO y commission a gyres 3 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 3,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Robert A.Lambert,Director Master Plan Approval for Trails within Parks and Recreation Edenbrook,Riley Creek and Lower Purgatory Creek Conservation Areas Requested Action Move to: Approve the nature trail master plans for Edenbrook,Riley Creek and Lower Purgatory Creek Conservation Areas. Synopsis The three ring binder copy of the nature trail master plans for Edenbrook, Riley Creek and Lower Purgatory Creek Conservation Areas is the same as the draft plan approved by the Parks, Recreation and Natural Resources Commission and the City Council earlier this year. Staff will initiate the first phase plans for the trails in each of these Conservation Areas upon approval of the master plan. Bids for the various phases of these projects will be reviewed and approved by the Parks, Recreation and Natural Resources Commission and the City Council prior to initiating any projects. CITY COUNCIL AGENDA DATE: SECTION: Consent January 3,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.L. Office of City Manager/Facilities Fire Station 1-Construction for New Offices Requested Action Move to: Approve award of contract to remodel Fire Station 1's main office space to McFarland Construction for$23,240. Synopsis Facilities staff has completed plans for reorganization of Fire Station 1's main office to accommodate two new employees. The reorganization requires some construction work. Two quotes for the work were received, one from the Bainey Group and one from McFarland Construction. Staff recommends award of the contract to the low bidder,McFarland Construction. The Bainey Group quote was$26,110.00. 12/21/2005 10:28 9529367664 MC FARLAND CONST CO PAGE 01/01 <MOOO December 21,2005 McFARLAN D CONSTRUCTION COMPANY Mr. Marc Theilman City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 Re: Eden Prairie Fire Station 1 various projects Dear Marc, We submit for your consideration our revised quotes for the fine small projects at Fire Station Number 1 as requested. We include the work as shown in the design drawings prepared by Wdkus Architects and as per the Addendum#1 issued 12116/2005. The cost for drawing A1.0 the radio room would be $b,190.00. The cost for drawing A2.0 the first floor office would be$4.160.00. The cost for drawing A3.0 the tower level lounge would be$6,620.00. The cost for drawing A4.0 the lower level storage room would be$5,780.00. The cost for drawing A5.0 the dispatch room would be$5,980.00. if all five projects are approved and can be done at one time we reduce many of the costs of start up and management. If all five projects are awarded together the cost for the work would be$23,240.00. If due to accounting they need to be billed separately that Is not a problem. The savings shown Is the savings created by performing one project in lieu of five. Please call us If you have any questions regarding this work or quote. Very Truly Yours, Tim McFarland President 50 Ninth Avenue South' Hopkins,Minnesota 65343.6700 Phone:(952)930.7882 Fax:(952)936.7664 -12-20-'05 15:12 FROM-THE BAINEY GROUp 7635577204 T-116 P01/03 U-344 F)kX THE BAINEY GROUP DATE:_ f 0« #OF PACES.1 INC . COMMU=ON SnWCES 14700 28th Aye.N.#30 ram-TO: F Plymouths MN 53447 _ ROM:--^^���,,�— 763.557.6911 _-- Fat 763.55%7204 FAX: FA— REGARDING: 4 ❑ URGENT [ FOR YOUR REVIEW ❑ FOR YOUR RECORDS ❑ FOR YOUR INFORMATION CALL ME � ❑ PLEASE RIiPLY ❑ FOR APPROVAL PER YOUR REQUEST gel RMRh FAX: 763.551.7204 Built jw if it wet*nur oim...v .r vnuut' �11a rbci na �'" u-,rri Tuesday Dco tuber 20,2005 Marc Thiolman City ofEdea Prairie 8080 Mitchell Road Eden Prairie,MN 55344-4485 Re.Eden Prairie Fire Department#1 Deer Marc: We are pleased to provide you with the foilowing.proposal for providing construction services for the improvements at lyden Prairie Fire Station#1. Proposal is based on site visits and the plans dated 11-28-05. General Conditions:All required supervision,labor,olean up,material,insurance,taxes,permits,and licenses as typically required in the General Conditions. Stand Alone Job Pricing: Pricing Plan:A.1: Total:$6,985,00 Pricing Plan A2: Total:S4,485.00 Pricing Plan A.3: Total:$6,976.00 Combine above jobs into(1)period: Total:$14,856.00 Pricing Flan A.4: TotH.$6,978.00 Pricing Plan A.5 Total:$6,396.00 Combine above jobs AA,A5 into(1)period. Total:$11,257.00 Clarifications. • We have included the cost of a standard building permit;SAC/WAC park dedication fees,or any other charges or fees governmental agencies may require are not included. • We do not include the supply of any appliances. • The Dainey Group is a merit shop contractor that works with all labor forces and does not discriminate against those who may or may not have labor affiliations. On any of our projects,we expect that all qualified labor forces work together regardless of affiliation. • We assume that the drawings meet all building codes. T..big grogg5al and fin lgsost is subie_ct to chmgp nendina final approval by the M of Eden prairie. • No payment or performance bond is Included in this price. • We do not include handling,testing,removing or disposal of hazrdous materials or wage. THIS INCLUDES MOLD. • Tenant responsible for all architectural and structural drawing fees. • Mechanical&electrical permits by subcontractors. • Tenant responsible fbr all data/ubone W' h • We specifically exclude any special Are protection systems or other special requirements because of the tenant's special use. • We assume the existing systems i.e.,HVAC units,hot water heaters,plumbing tixtures,are in 1 ' 12-20—'05 15:12 FROM—nE BATNEY GROUP 7bi M7' IN i—.ilu rvai vio u good and working condition. We assume no responsibility to repair these systems. • We appreciate this opportunity to provide you with this proposal. If you have any questions or if we can be of further assistance contact vs st 763.557-6911. Sinoemly, _w iy f �om OJs they Group 2 CITY COUNCIL AGENDA DATE: SECTION: Consent January 3,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.M. Office of City Manager/Facilities Fire Station 1-Furniture for New Offices Requested Action Approve purchase of furniture for reconfiguration of the main office space of Fire Station 1. Synopsis Facilities staff has completed plans for reorganization of Fire Station 1's main office to accommodate two new employees. Alternative Business Furniture priced the project using their state-issued contract pricing. The plan uses existing furniture wherever possible,but requires purchase of additional furniture totaling$27,554.44. Attachment DEC. 2. 2005 3:25PM ALT BUS FURN N0. 1574 P. 2 6533 Flying Cloud thrive,suite 800 • Alternative e Eden Prairie,MN 55344 Business (952)93776M Farnitare,Inc. Fan(952)937-7691 PROJECT PROPOSAL Project City of Eden Prairie-Fire Station Main Offices _ Contact Marc Thielman Salesperson:Marie boll System:Herman Miller A02 {'t : Date:November 30,2005 PRODUCT SPEMCATIONS 1L^it Total 1 32 x 30"Non Powered Fabric Covered Panel 95.99 95.99 6 32 x 30"Powered Fabric Covered Panel 132.82 796.92 4 32 x 36"Non-Powered Fabric Covered Pend 108.17 432.69 5 32 x 36"Powered Fabric Covered Panel 145.00 725.00 1 32 x 48"Non Powered Fabric Covered Panel 120.06 120.06 2 67 x 12"Non-Powered Fabric Covered Panel 91.26 182.SZ 2 67 x 24"Non Powered Fabric Covered Panel 106.92 213.84 3 67 x 30"Non-Powered Fabric Covered Pawl 124.60 373.80 3 67 x 36"Non-Powered Fabric Covered Panel 144.20 432.60 6 67 x 48"Non-Powered Fabric Covered Panel 157.95 947.70 6 67 x 48"Powered Fabric Covered Pagel 192.51 1,155.06 6 30"WaU Track 15.00 90.00 2 60"Wall Track 25.00 50.00 50 Toggles 0.75 37.50 6 Receptacle 9.00 54.00 i Ease Power Entry 80.00 80.00 12 27"Draw Rod 7.00 84.00 3 32'Finished End,Vinyl 10.50 31.50 5 62"Draw Rod 750 3730 3 67"Z Way Connector 3330 99.90 7 67'3-way connector $9.40 415.80 14 67"Finished End,Vinyl -(3)Used As Wall Sw 12.60 176.40 1 24 x 42"Worksurface 83.43 83.43 1 24 x 46"Worksurface 87.75 87.75 1 24 x 64"Worksurface 119.61 119.61 1 24 x 660 Worksuri'ace 119.61 119.61 " 32.03 132.03 1 24 x 72 worksurface 1 1 30 x 30"Worksurfaca 81.00 81.00 1 30 x 36"Worksurface 96.66 96.66 1 30 x 42'Workmrface 104.49 104.49 I 30 x 4611 Worksmface 108.54 108.54 1 30 x 66"Worksurface 149.04 149.04 3 60 x 72*Worksurface 164.43 493.29 1 30 x B2.25"WorksmAce 184.95 184:95 4 30 x 96"Worksrrrface 21033 841.32 3 30 x 48*Comer Worksurface(2 Notched) 186.90 560.70 4 Comerwedge 35.00 140.00 1 24"EP End Panel Left 73.50 73.50 1 15"Support Panel Shared 66.00 66.00 5 48"1t2 Shelf 34.02 170.10 1 24"Shelf 37.80 37.80 10 48"Shelf 45.09 450.90 **gROMT TOTAL AND TMUZ ON FOLLOWING PAGE*** DEC. 2. 2005 3:26PM ALT BUS FURN N0. 1574 P. 3 ins TOW Prix 24"Flipper Door 61.56 61.56 j. 10 48°Flipper Door 82.89 828.90 1 240 Tackboard 33.75 33.75 3 48°Tackboard 4239 127.17 4 48"Rail Tile 61.50 246.00 8 Diagonal Tray 34.45 275.60 8 Paper Tmy 21.79 174.20 8 48"Tasklight 62.75 502.00 7 • BOX/Box/File Pedestal 190.00 1,330.00 7 30"2-Drawer Lateral File 200.00 1,400.00 7 Pencil Drawer 15.00 10S.00 Prodaet Total: 15,917.67 Finishes: Delivery: 150.00 -Panel Fabric: TBD Wtauatlon: 1_.400.00 FlipperpoorFaWc: TBD Tackboard Fabric: TBD PROTECT TOTAL: S L77_,36 -I.ammste: HT-Innertone Applicable Sales rarer brill be added at time of invoking. Edge; HT-Innertone Palm: MT-Medtmn Tone Wall Tmck Herman Miller-MT-Medium Tone -Pedestals: Herman Mtlfer,Locking MT-Med6an Tone Note: Installation estimate assumes normal business hours of 8:00-4:30,Mon-Fri Will be billed on actual time at rate of S401hr All electrical work to be completed by a licensed electrician-not iaoluded in this estimate. Tk:1tl► : Net due in 15 days unless other arrangements mado with Seller. Buyer understands sad agrees to pay a service charge ° per annum after 15 of receipt of goods. Buyer further agrees to pay ALL costs of of133%per month 1fi/op } days Rrt p reasonable collections and attorneys fees. Buyer acknowledges Seller's retention and hereby grants to Seller a purchase money security interest in all merchandise purchased or described herein unless and until Seller receives Payments as described above. Buyer agrees to execute a standard UCC Finaacing Statement to perfect any such security interest. In the event Buyer falls to exe=te UCC financing statement,this Sales Agreement shall suffice and may be filed by Sella to perfect the security interest. As representative of City of Eden Prairie,I agree with the above stipulations. Signatn= Title Date: DEC. 21. 2005 3:09PM ALT BUS FURN .ss3 3 rtym g%Aoud P. Stfita 8W Alternative Eden Prairie,MN 55344 Business (952)937-7688 Fumiture j Inc. Fax(952)937-7691 PROJECT PROPOSAL Project:City of EdenPrairie-Mm&V's office Contact:Marc Thielmaa Salesperson:Marie Doll System:Herman Miller A02/Global Date:December 21,2005 PRODUCT SPECMCATIONS "t nmaEw MwOriet Tree Price 3 84"Wall Track 32.00 96.00 42 Toggle 0.75 31.50 1 24 x 36"'Worksurface 78.03 78.03 1 30 x 72"Worlmurface 164.43 164.43 1 Comer Wedge 30.30 30.30 1 GLeg(47122) 71AO 71.40 4 36"Shelf 4131 165.24 4 36"Flipper Door 71.82 28728 1 36"Tackboard 37.80 37.80 1 36"Rat?Tile 49.00 49.00 2 36"Tasklight 61.36 122.72 1 Box/BoxtEfle Pedestal-Worksurfacc$Wportiag 190.00 190.00 1 F aTile Pedestal-Forkrurface Supporting 190.00 190.00 3 Global 9300 Series Storage Cabinet;Loclaag 218.15 654.4E 18"d x 36"w x 72"h/one Exed and time adjustable shelves Model#:9336P--= Psint:Global standard/Charnoal Gray Note:Installation is estimated based on Reg time daring hours Product Total: 2,168-19 of 8:00-4:30,Mon-Fri-wM be billed on aciaal time at rate of S40/hr. Delivery: 50.00 TnstalWtion: 240.00 PROJECT TOTAL: SS 8 Applicable Sales Taxes will be added at time of invoicing. TERMS: Net due is 15 days Mess other mnagements made with Seller. Bayer understands and agrees to gay a service charge of 1.33%per month(16%per am=)s&er 15 days of reccipt of goods. Buyer further agrees to pay ALL costs of reasonable collections and anomays fees. Buyer acknowledges Seller's rete hoe and hereby grants to Seller a purchase money security iatereat in all merchandise purchased or described herein unless apd until Seller receives payments as described above. B uyer a to execute a standard UCC Financing Statement to perfect any ym !� such security interest. In.the event Buyer fails to execute UCC financing statement,this Sales Agreement shall suffice and may be filed by Scher to perfect the security interest. As representative of City of Eden Prairie,I agree with the above stipulations. Signattue: Title Date: NOV. 23. 2005 2:33PM ALT BUS FURN N0. 1318 P. 2/3�" ` Alternative 6533 Flying Cloud Ornre,.Sulte 8o0 a Business Eden Prairie,MN 5530 Furniture,Inc. (952)937-7688 Fax(952)937 7601 PROJECT PROPOSAL Prajeck City of Eden Prairie-Lower Level Lounge Contact,. Marc Thielman Saleslnenon:Marie Doll S ystems Xwmaa Muter A02 Date:November 17,2005 PRODUCT SPECIFICATION'S Drscn fMign 2 67 x 30"Non Powered Fabric Covered panel uni�i� T d c 12 60"Wall IYacic I24.60 249.20 120 Toggles 25.00 300.00 2 62"Wall Start 0.75 90.00 2 62"Draw Rod 22.40 44.80 2 67"Finished End,Vmyl 7.50 15.00 4 30 x 84"Worksvrface 12.60 25.20 8 42"Shelf 191.80 767.20 8 42"Flipper poor 43.74 349.92 8 42"Tackboard 8036 64188 .9 42"Tasidight 41.16 32918 4 Box/Box/File Pedcstal 61.50 492.00 190.00 760.00 Product Totals 4,065.48 Delivery: 50.00 Notes: Installation: 720.00 Installation will be billed a[S40.00 per hour. PROJECT TOTAL: S 4,835.48 I+inishes, Applicable Sales Tares will be added at time of Invoicing -Panel Fabric: TBD -Flipper Door Fabric: TBD -Tackboard Fabric: TBD -Laminate: HT-Innerrone Edge: HT-Innerrone -Paint: MT-Medium Tone -Wall Track: Herman MAer-MT-Medium Tone Pedestals: Herman Miller,Locking,MT-Medium Tone TERMS: Net due in 15 days unless other arrangements made with Seller. Buyer understands and agrees to pay a service charge of 133%per month(16%per annum)after 15 days ofreceipt of goods. Buyer Amber agrees to pay ALL costs of reasonable collections and attorneys fees. Buyer acknowledges Seller's retention and hereby grants to Seller a Purchase money security interest in all merchandise purchased or described herein unless and until Seller receives payments as described above. Buyer agrees to execute a standard UCC Financing Statement to perfect any such security interest In the event Buyer tails to execute UCC financing statement,this Sales Agreement shall suffice and may be filed by Seller to perfect the security interest. As representative of City of Eden Pa mule,I agree with the above stipulations. Signature: Title Date: I� spdNOV- 23- 2005 2:33PM ALT BUS FURN NO. 1316 P. 3/3 ' Alternative 0533 Flying Cloud Drive,ytnte 800 Business Eden Prakie,MN 55344 F`11I nitare� be. (952)837.7688 Fax(952)937--7691 I PROJECT PROPOSAL Project:City ofEdea Prairie-75 We.Sro Area 3n Contact:MtueThielmen Saiespenon:Marie Doll System:Herman MillerA02 Date:November 17,2005 PRODUCT spFCjFICATZONS 2 67 x 30"Non-Powered Fabric Covered Panel Unit Tout a 9 60"Wall Track 124.60 24920 90 Toggles 25.00 225.00 2 62"Wall start 0.75 67.50 2 622 Draw Rod 23.40 44.80 2 6r Finished&d,Vinyl 7.50 15.00 2 30 x 60'Wce 12.60 25.20 1 30 x 7r Wodmudkee 144.20 239.40 1 24"Shelf 17052 170.52 4 30"Shelf 37.80 37.80 1 48°Shelf 39.15 156.60 1 241*Flipper Door 45.09 45.09 4 30"Flipper Door 63.84 63.84 1 48"Flipper Door 68.88 275.52 I 249 Tackboard 85.96 95.96 4 30"Tadrboard 3500 35.00 1 48`Tackboard 36.68 146.72 1 24"Tasklight 43.96 43.96 4 3W Taddight 55,25 55,25 I 48"Taskllghr 5715 229.00 I Swap Cabinet 6E.75 62,75 0.00 0.00 Product Total: 2,323.11 Notes: Delivery: 50.00 lastallation will be billed at S40.00 per hour. flasb 1ation: 520.00 PROJECT TOTAL: S 2,893.11 Finishes: Appikable Sales Tares trill be added at rime oJurvaicing -Panel Fabric: TBD -Flipper Door Fabric: TBD -Tackboard Febcic: TBD -Laminate: RT-rmwlone Edge:hT-Innerrorre -Paint: AI-MediurmTone -Watt Track:Ham&,Adger.MI-Madhm Torre Pedestals:Herz„wrMfller,Loeldn&kT-Red.- 7r e TERMS: Net due in 15 days uniese other arran8em"made with Seller. Buyer understands and agrees to pay a sccvice charse of 133%per month(16%Per stmum)after 15 days ofrcwe t ofg004 Buyer further ems to pity ALL costs of reasonable collections and attorneys fees, Buyer acknowledges Seller's retention and hereby grants to Seller a purdmse money security interest in all merchandise purchased or described herein ualess and until Salter receives payments as dt*cdbad above. Buyer agrees to eemi to a standard UCC Financing Statement to perfect any such security interest In the event Buyer fails to auente UCC financing statement,this Sales A mr n shall Suffice and may be filed by Seiler to perfect the security interest; As representative of City of Eden Prairie,I agree with the above stipttletions. Sigoatum TiUc " Date DEC, 2ti1. 2005 4: 10PM!42AmALT BUS FURNertais mgmt NO. 21482 P. 24/6 StAk96W---------- DeFa mm=of Adtiamistxati031 MataeAs Manages W Divig m 112 Admoav�ndom#uIbS APrfd 27, 2005 50 Metbmae Avenue St P84 MN 55155 Wits-651.296.2546 FM 651.Z973996 NOTIFlCA170N OF CONTRACT AWARD TO: Mr.Theisen CONTRACT-NO: 434 •v Alternative Business Pumiture.InQ RELEASE Np:F.484(v) 6533 Flying Cloud Drive,Sufte 800 CONMCT PERIOD: May 18,2005, Eden Pralde,MN 55U4 thrOU911 May 14,2007 EMNSION OPTION:38 months You are hereby notified that your response to our soGata4on,which o ened Contract Award indudes all or part of B 0 to following products or p April 20,2005,is accepted. This M11ler Acfron Ofixe Series 1 and Series 2 System Fumrture Parts �'as i<trther spedRed in Exhibit A.Fierman L ,• The following documentsjn order of precedence,are in rated hemin•by refer#hce%nd 4bnstitute the entire Contract between you and the Stag (1)this Nofiffca'Ian of Canb*d AwaW,to98ttier with wit A ar�d any attachments or subsequent purchase oniers,amendments or sknflar documents;(2)the Ste"sollcltatton;and(3) • "ur response. In the event of a conflict in language among any of.ttteserdo forth and/or referenced in this Notification and any later executed dppurnehij shaggppNvan oveG eonflictin con��s set conditions eont�tned in a rnls and w earlier documents,in their original form or as amended. 9 7. ALTERNATIVE BUSINESS,I`tJRNITtJRE,INC. 2. MATERIN:S MANAGEMENT DfVt510N baavve teoeW v� MAN Vendor •cut(s) In aaordaetea wO Man.Stet§18C.03.Sirbd.3. or Dr. Title:__Acqut$ ion Manaaernant Snedalist__ Tide: t Date: _ j,lL. l � Date: l%' — _ I COMMISSIONER OF ADMINISTRATION Ordeksated mpmentalve. BY Qdgind si nt:d Title: t'r��t rJ � / -- / � Date: Data: MAY t 3 2005 By Bre..96 V'411ard ewaro roe w t'dpp 4 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 3, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.N. Office of City Manager Resolution approving amended Hennepin South Services Collaborative Agreement and Bylaws Requested Action Move to: Adopt Resolution approving the amended Hennepin South Services Collaborative agreement and by-laws for family services and research,planning and coordination Synopsis The Board of Directors of the Hennepin South Services Collaborative(HSSC)has approved four changes to the organization's operating agreement and by-laws. These changes are as follows: 1. Updates the definition of"mandated partners"and voting privileges to be consistent with Minnesota Statutes 124D.23. 2. Grants specific power to the Board of Directors to approve all spending from the Integrated Fund, including spending of Local Collaborative Time Study(LCTS) spending. 3. Eliminates the Board of Directors' power to take written actions in lieu of regular or special meetings that are governed by the state's Open Meetings law. 4. Clarifies the role of the Collaborative Advisory Team in serving the needs of a family services collaborative and research and planning body. The Joint Powers Agreement for HSSC requires that the governing boards of each member organization approve proposed changes to the organizations operating agreement and by-laws. The Board supports these changes. I recommend the City Council approve these proposed changes. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- A RESOLUTION APPROVING THE AMENDED HENNEPIN SOUTH SERVICES COLLABORATIVE AGREEMENT AND BY-LAWS FOR FAMILY SERVICES AND RESEARCH,PLANNING AND COORDINATION WHEREAS,the Hennepin South Services Collaborative has amended the Collaborative Agreement and By-laws to include: • The definition of mandated partners and voting privileges as required by Minnesota Statute § 124D.23, and • The power of the Board of Directors to approve all Integrated Fund Spending, including Local Collaborative Time Study(LCTS) spending, and • The deletion of the power of the HSSC Board of Directors to take written actions in lieu of regular or special meetings governed by open meeting law,and • Clarification of the role of the Collaborative Advisory Team in serving the needs of a family services collaborative and research and planning body; and WHEREAS,the municipalities of Bloomington,Eden Prairie, and Richfield along with the School Districts of Bloomington,Eden Prairie,and Richfield and along with the county of Hennepin, local Public Health entity, and local Community Action Agency are desirous of participation in the amended Hennepin South Services Collaborative Agreement to provide human services research,planning and coordination and a family services collaborative in its region of South Hennepin County. NOW,THEREFORE BE IT RESOLVED,that the City Council of the City of Eden Prairie approves the amended Hennepin South Services Collaborative Agreement and By-Laws. BE IT FURTHER RESOLVED,that the Mayor and City Manager be authorized to execute said agreement for the City of Eden Prairie. Adopted by the City Council of the City of Eden Prairie,Minnesota,this 3rd day of January, 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims January 3,2006 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 147370 - 147905 Wire Transfers 2371 -2387 City of Eden Prairie Council Check Summary Council Check Summary 1/3/2006 Page 2 Division Amount Division Amount General 82,997 515 Fire Station#4 218,421 100 City Manager 660 516 ADC PROJECT 2,721 101 Legislative 1,502 517 212/Charlson Intersection 15,288 102 Legal Counsel 39,460 520 Parks Referendum 5,750 110 City Clerk 5,755 601 Prairie Village Liquor 168,722 111 Customer Service 8,707 602 Den Road Liquor 277,948 112 Human Resources 219 603 Prairie View Liquor 148,531 113 Communication Services 3,909 605 Den Road Building 4,342 114 Benefits&Training 2,737 701 Water Fund 173,173 115 Risk Management 10,683 702 Sewer Fund 229,582 116 Facilities 110,068 703 Storm Drainage Fund 17,736 117 City Center 93,550 800 TIF 953,727 130 Assessing 898 803 Escrow Fund 24,995 131 Finance 394 807 Benefits Fund 493,271 132 Social Services 2,856 133 Planning -66 Report Totals 6,249,225 134 Heritage Preservation 5,201 135 Information Technology 54,492 136 Wireless Communication 3,845 137 Economic Development 14,244 150 Park Administration 6,448 151 Park Maintenance 66,203 153 Organized Athletics 3,447 154 Community Center 6,345 156 Youth Programs 807 157 Special Events 257 158 Adult Recreation 2,041 160 Therapeutic Recreation 339 161 Oak Point Pool 340 162 Arts 2,133 163 Outdoor Center 250 164 Park Rental Facilities 67 180 Police 12,591 183 Emergency Preparedness 5,439 184 Fire 99,215 185 Animal Control 1,316 186 Inspections 15 200 Engineering 1,008 201 Street Maintenance 34,219 202 Street Lighting 1,324 203 Fleet Services 27,397 300 Heritage Preservation Grants 889 301 CDBG 13,815 303 Cemetary Operation 175 304 Senior Board 109 308 E-911 1,481 314 Liquor Compliance 430 315 Economic Development 18 316 WAFTA 22,012 416 Certificate Debt Fund 206,700 417 $3,390,000 Facility Bond 2000 258,750 426 G.O.Equip Cert.2004B-Pumper 123,276 502 Park Development 526 503 Utility Improvement 1,636,945 506 Improvment Bonds 1996 8,344 507 Construction Fund 1,538 509 CIP Fund 315,702 511 Construction Fund 210,998 City of Eden Prairie Council Check Register 1/3/2006 Check# Amount Vendor/Explanation Account Description Business Unit 2371 1,500,000 US BANK TRUST NATIONAL ASSN Interest Utility Improvement Fund 2372 258,000 THE BANK OF NEW YORK Interest $3,390,000 Facility Bond 2000 2373 206,700 ANCHOR BANK Interest $1,000,000 G.O.Bonds-2002A 2374 123,276 ANCHOR BANK Interest G.O.Equip.Cert.200413-Pumper 2375 18,602 DELTA DENTAL PLAN OF MN COBRA Health and Benefits 2376 10,610 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2377 14,568 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2378 76,043 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2379 26,208 M SINESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2380 128,728 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2381 28,178 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2382 139,010 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2383 548 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 2384 84,977 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 2385 76,502 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2386 10,639 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2387 14,418 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 147370 555 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 147371 20 BRAD AND ADELE ARNOLD Program Fee Classes/Programs/Events 147372 89 CENTERPOTNT ENEGY Gas Crestwood Park 147373 63 CHRIS&TAMARA FLADUNG AR Utility Water Enterprise Fund 147374 220 DIETZ,EUGENE Prepaid Expenses General Fund 147375 38,782 DOMINIUM TIF Payment Heights at Valteyview 147377 402 FREDRICKSEN,THOMAS AR Utility Water Enterprise Fund 147378 371,362 GENERAL GROWTH PROPERTIES INC TIF Payment EP Shopping Center 147379 49 GILBERT MECHANICAL Cash Over/Short General Fund 147380 107 GIRARD'S BUSINESS SOLUTIONS IN Other Contracted Services City Clerk 147381 336 GREATA1vIERICA LEASING CORP. Other Rentals General 147382 18,671 HENNEPIN COUNTY Deposits Escrow 147383 142 KINGSWAY PLUMBING Mechanical Permits General Fund 147384 152 KRAEMERS HARDWARE INC Operating Supplies Street Maintenance 147385 49 MCCLEERY,T 40MAS Memberships Community Center Admin 147386 75 MECA Prepaid Expenses Water Enterprise Fund 147387 190 METRO SALES INCORPORATED* Other Rentals General 147388 70 MINNESOTA VALLEY ELECTRIC COOP Electric Sewer Liftstation 147389 50 MSANI Prepaid Expenses General Fund 147390 29 OFFICE DEPOT CREDIT PLAN Operating Supplies Economic Development Fund 147391 83 PETTY CASH-EPCC Mileage&Parking Community Center Maintenance 147392 47,608 PRAIRIE VILLAGE LMTD PARTNERSH TIF Payment TIF Elim Shores&PV Apartment 147393 83 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 147394 6 PURCHASE POWER Postage General 147395 20,992 REAL ESTATE EQUITIES MANAGEMEN TIF Payment Columbine Road 147396 216,415 SILVERCREST PROPERTIES TIF Payment Eden Shores 147397 330 SOUTHWEST METRO TRANSIT Deposits Escrow 147398 134,789 TE MILLER DEVELOPMENT LLC TIF Payment Lincoln Parc Apartments 147399 106,899 TEALWOOD CARE CENTER TIF Payment Rolling Hills 147400 2,060 TEENS ALONE Other Contracted Services Housing,Trans,&Human Sery 147401 12 UNTIEDT,LOIS Program Fee Classes/Programs/Events 147402 1,465 US POSTMASTER-HOPKINS Postage Water Accounting 147403 16,881 WEIS MANAGEMENT TIF Payment Edenvale TIF District 147404 67 WINDSONG MGMT AR Utility Water Enterprise Fund 147405 406 WORRE,ERIC AR Utility Water Enterprise Fund 147407 155 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 147408 3,871 CENTURYTEL Telephone Telephone 147409 194 CHOICE INC Other Contracted Services Prairie Village Liquor Store 147410 257 CUB FOODS EDEN PRAIRIE Operating Supplies Emergency Preparedness 147411 1,537 DELL Computers Information Technology 147412 93,341 EDEN PRAIRIE FIREFIGHTER'S REL Fire Relief Pension Payment Fire 147413 128 ELWELL,JEFF Mileage&Parking Community Center Maintenance 147414 995 ENVIRONMENTAL PROCESS INC Other Contracted Services Water Treatment Plant 147415 94 FEDEX Postage Human Resources 147416 457 GE CAPITAL Other Rentals General 147417 157 HANSON,PATRICK Mileage&Parking General Facilities 147418 120 HENNEPIN CHIEF'S ASSOCIATION Tuition Reimbursement/School Police 147419 550 JW PEPPER&SON INC Operating Supplies Community Band Check# Amount Vendor/Explanation Account Description Business Unit 147420 301 PETTY CASH-POLICE DEPT Operating Supplies Police 147421 9 QUICKSILVER EXPRESS COURIER Postage Communication Services 147422 2,469 QWEST Telephone City Hall-CAM 147423 52 THIELMAN,MARC Mileage&Parking General Facilities 147424 476 TWIN CITY OXYGEN CO Fire Prevention Supplies Fire 147425 89 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 147426 146 WISSNER MARY JANE Wages No Benefits Elections 147428 425 ALPHA GROUP,THE Prepaid Expenses General Fund 147429 265 AMERICAN RED CROSS Recreation Supplies Oak Point Lessons 147430 2,851 AMWA Prepaid Expenses Water Enterprise Fund 147431 83 APCO INTERNATIONAL Prepaid Expenses General Fund 147432 2,238 ARCH WIRELESS Pager&Cell Phone Wireless Communication 147433 200 ATOM Prepaid Expenses General Fund 147434 106 BOGREN,ANN Clothing&Uniforms Police 147435 125 BUCK,BRENT Other Contracted Services Basketball 147436 693 BUCK,NATHAN Other Contracted Services Volleyball 147437 100 BURNSVILLE,CITY OF Prepaid Expenses General Fund 147438 297 COSTCO Operating Supplies Youth Programs Administration 147439 35 FBI-LEEDA Prepaid Expenses General Fund 147440 275 FEDEX KINKO'S OFFICE AND PRINT Printing ' Economic Development 147441 55 FIRE INSTRUCTORS ASSN OF MN Training Supplies Fire 147442 812 FSH COMMUNICATIONS LLC Telephone Miller Park 147443 100 HENNEPIN COUNTY CHIEFS OF POLI Dues&Subscriptions Police 147444 4,332 HENNEPIN COUNTY TREASURER Board of Prisoner Police 147445 60 IMSA Prepaid Expenses General Fund 147446 273 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 147447 37 KOPHER THERESSA Program Fee Red Hat 147448 19 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 147449 220 LESCO INC Landscape MateriaWSupp Water System Maintenance 147450 25 MIDWEST ART FAIRS Prepaid Expenses General Fund 147451 25 MINN ASSOC OF CRIMINAL INTELLI Prepaid Expenses General Fund 147452 74 MINN OFFICE OF ENTERPRISE TECH Software and Hardware Information Technology 147453 195 MINNESOTA CHIEFS OF POLICE ASS Prepaid Expenses General Fund 147454 63 MINNESOTA STATE HORTICULTURAL Prepaid Expenses General Fund 147455 20 MN DEPT.OF LABOR AND INDUSTRY Prepaid Expenses Water Enterprise Fund 147456 150 MRPA Prepaid Expenses General Fund 147457 69 NARTEC INC Operating Supplies Police 147458 71 NEWPAPER LLC Awards City Manager 147459 100 OLSON,MARGIE Special Event Fees Classes/Programs/Events 147460 8 PIONEER ESTATES Program Fee Classes/Programs/Events 147461 157 QUINLAN PUBLISHING Prepaid Expenses General Fund 147462 106 RADIOSHACK Operating Supplies Police 147463 7,140 SYMPRO INC Prepaid Expenses General Fund 147464 464 US POSTMASTER-HOPKINS Prepaid Expenses General Fund 147465 16 W GORDON SMITH COMPANY,THE Lubricants&Additives Fleet Services 147466 750 WATERISAC Prepaid Expenses Water Enterprise Fund 147467 560 WILLIAMS,LINDA D Tuition Reimbursement/School Organizational Services 147468 1,545 WORK CONNECTION,THE Other Contracted Services Park Maintenance 147469 108 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store 147470 95 AMERICAN INTERTRADE Repair&Maint.Supplies Prairie Village Liquor Store 147471 85 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 147472 16,869 BELLBOY CORPORATION Beer Den Road Liquor Store 147473 138 BERLSON IMPORTS Beer Den Road Liquor Store 147474 283 CAT&FIDDLE BEVERAGE Wine Imported Den Road Liquor Store 147475 126 D'VINE WINE DISTRIBUTORS Wine Imported Prairie Village Liquor Store 147476 10,621 DAY DISTRIBUTING Beer Den Road Liquor Store 147477 6,765 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store 147478 23,774 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 147479 505 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 147480 897 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 147481 15,056 GRIGGS COOPER&CO Liquor Den Road Liquor Store 147483 43,449 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 147484 226 M.AMUNDSON LLP Misc Taxable Prairie Village Liquor Store 147485 15,708 MARK VII Beer Den Road Liquor Store 147486 1,258 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 147487 542 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 147488 7,939 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 147489 57 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 147491 21,974 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 147492 10,003 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 147493 26,911 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store 147494 2,055 SPECIALTY WINES AND BEVERAGES Wine Imported Prairie Village Liquor Store 147495 21,270 THORPE DISTRIBUTING Beer Den Road Liquor Store 147496 2,289 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store 147497 4,119 WINE MERCHANTS INC Wine Imported Prairie Village Liquor Store 147498 248 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store 147499 882 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 147500 320 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 14750I 40 AKOLKAR,ASHISH Lessons&Classes Ice Arena 147502 762 BELAIR EXCAVTING Deposits Escrow 147503 12,092 BLOOMINGTON,CITY OF Prepaid Expenses General Fund 147504 3,985 CENTERPOINT ENEGY Gas Fire Station#1 147505 82 CINGULAR WIRELESS Pager&Cell Phone Water System Maintenance 147506 315 CORPORATE EXPRESS Office Supplies General 147507 135 DAVANNI'S PIZZA Operating Supplies Teen Programs 147508 904 GE CAPITAL Other Rentals General 147509 73 GINA MARIAS INC Operating Supplies Reserves 147510 558 J J KELLER&ASSOCIATES INC Training Supplies Water System Maintenance 147511 100 KLOECKNER,LINDA Advertising Prairie View Liquor Store 147512 292 KRAUS ANDERSON Deposits Escrow 147513 10,362 LEAGUE MN CITIES INS TRUST Insurance Risk Management 147514 245 MEMA Prepaid Expenses General Fund 147515 1,492 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 147516 75 MINNESOTA GREEN EXPO Prepaid Expenses General Fund 147517 266 MINNESOTA GREEN LANDSCAPING Deposits Escrow 147518 1,780 MINNESOTA VALLEY ELECTRIC COOP Electric Park Maintenance 147519 230 MORCON CONSTRUCTION Deposits Escrow 147520 105 MORTON,TAMMARA Other Contracted Services Leisure Education 147521 115 NATIONAL TRUST FOR HISTORIC PR Prepaid Expenses General Fund 147522 203 NEWTON,J.RANDALL Mileage&Parking Engineering 147523 295 NORTHWEST ASPHALT Deposits Escrow 147524 295 PENN CONTRACTING INC Deposits Escrow 147525 2,762 QWEST Telephone Prairie Village Liquor Store 147526 626 ROTTLAND CO,THE Deposits Escrow 147527 9 SHRIVASTAVA,SANJEEV Lessons&Classes Oak Point Lessons 147528 2,123 SOUTHWEST SUBURBAN PUBLISHING- Printing Communication Services 147529 16 SPINNER,LAURIE Program Fee Preschool Events 147530 450 THREE RIVERS PARK DISTRICT Special Event Fees Special Events&Trips 147531 388 WATER NEEDS Deposits Escrow 147532 52,668 XCEL ENERGY Electric Community Center Maintenance 147533 60 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maint. Den Bldg.-CAM 147534 28 AMERICAN MESSAGING Other Contracted Services Sewer System Maintenance 147535 3,403 ASPEN WASTE SYSTEMS INC. Waste Disposal Water Utility-General 147536 52,285 CENTERPOINT ENERGY SERVICES IN Gas Community Center Maintenance 147537 113 CERNATINSCHI,MARIA Other Contracted Services Basketball 147538 31 CULLIGAN-METRO Other Contracted Services Outdoor Center 147539 881 FRANZEN,MICHAEL D Travel Expense Assessing 147540 1,702 HENNEPIN COUNTY Yr DEPT Software Maintenance Information Technology 147541 2,846 HENNEPIN COUNTY TREASURER Prepaid Expenses General Fund 147542 3,232 METRO SALES INCORPORATED* Other Rentals General 147543 430 PETTY CASH-POLICE DEPT Miscellaneous Liquor Compliance 147544 20 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 147545 360 RONNING,EILEEN Other Contracted Services Health and Fitness 147546 220 SCOTT COUNTY Deposits Escrow 147547 17 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 147548 45 TIME WARNER CABLE Dues&Subscriptions City Council 147549 8 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 147550 2,193 VISIONARY SYSTEMS LTD. Software Maintenance Information Technology 147551 220 WILDER,LOIS Other Contracted Services Classes/Programs/Events 147552 203 XCEL ENERGY Electric Den Bldg.-CAM 147553 50 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 147554 55 ANDAN,JOHN Employment Support Test Fire 147555 50 BOLD,PAULINE Instructor Service Outdoor Center 147556 118 CRACAUER,CLIFF Mileage&Parking Fleet Services 147557 29 CULLIGAN BOTTLED WATER Operating Supplies Fire 147558 519 DE LAGE LANDEN FINANCIAL SERVI Prepaid Expenses General Fund 147559 230 DECORATIVE DESIGNS INC Contract Svcs-Int.Landscape City Center Operations 147560 5,358 ELECTION SYSTEMS&SOFTWARE IN Printing Elections Check# Amount Vendor/Explanation Account Description Business Unit 147561 225 ESTRINE,ROBERT Other Contracted Services Community Band 147562 35 FBI-LEEDA Prepaid Expenses General Fund 147563 1,593 FIETEK,CHRIS Tuition Reimbursement/School Organizational Services 147564 389 GENERAL GROWTH PROPERTIES LP-E Prepaid Expenses Heritage Preservation Grant 147565 950 GEOMATRIXCONSULTANTS INC Other Contracted Services WAFTA 147566 61 GRAY,ALAN Operating Supplies City Manager 147567 689 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 147568 73 HITCHING POST Equipment Repair&Maint Park Maintenance 147569 49,860 HONEYWELL INDUSTRY SOLUTIONS Prepaid Expenses Water Enterprise Fund 147570 1,190 INTERNATIONAL CODE COUNCIL Prepaid Expenses General Fund 147571 213 ITL PATCH COMPANY INC Clothing&Uniforms Police 147572 284 KOERING,STEVE Travel Expense Police 147573 65 KRAEMERS HARDWARE INC Operating Supplies Fire 147574 146 KREJCI,SHEILA Training Supplies Organizational Services 147575 55,858 LOGIS Network Support Information Technology 147576 385 MAECK,TOM Other Contracted Services Community Band 147577 1,902 NORTHERN SAFETY TECHNOLOGY INC Operating Supplies Fire 147578 16 NORTHERN TOOL Repair&Maint.Supplies Sewer System Maintenance 147579 425 OLMSTED COUNTY SHERIFF'S DEPAR Deposits Escrow 147580 346 PETTY CASH Clothing&Uniforms Police 147581 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 147582 65 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 147583 8,041 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 147584 7,609 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 147585 109,488 RESTORATION SYSTEMS INC Building Repair&Maint. Capital Impr./Maint.Fund 147586 637 SCHMITZ,THOMAS Tuition Reimbursement/School Fire 147587 278 SCIENCE MUSEUM OF MINNESOTA General Fund Prepaid Expenses 147588 115 TIME WARNER CABLE Operating Supplies Fire 147589 980 UNIVERSITY OF MINNESOTA Prepaid Expenses General Fund 147590 62 VERIZON DIRECTORIES CORP Advertising Community Center Admin 147591 36 VERIZON WIRELESS Pager&Cell Phone Street Maintenance 147592 24 ZAHLER,TOM Employment Support Test Fire 147593 64 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store 147594 114 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 147595 41 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 147596 37 BELLBOY CORPORATION Misc Non-Taxable Den Road Liquor Store 147597 81 BRW ENTERPRISES Wine Domestic Den Road Liquor Store 147598 73 CAT&FIDDLE BEVERAGE Wine Domestic Den Road Liquor Store 147599 74 CORK POPS Misc Taxable Den Road Liquor Store 147600 7,510 DAY DISTRIBUTING Beer Prairie View Liquor Store 147601 33 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 147602 3,269 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 147603 160 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 147604 3,062 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 147605 637 HOHENSTEINS INC Beer Den Road Liquor Store 147606 8,337 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 147607 312 M.AMUNDSON LLP Misc Non-Taxable Den Road Liquor Store 147608 16,646 MARK VII Beer Prairie Village Liquor Store 147609 83 MASS BAR-MATE CORP Misc Taxable Den Road Liquor Store 147610 334 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 147611 247 MORAN USA,LLC Misc Taxable Den Road Liquor Store 147612 242 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 147613 572 PACIFIC DIRECT Misc Taxable Den Road Liquor Store 147614 5,507 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 147615 60 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 147616 10,041 QUALITY WINE&SPIRITS CO Wine Domestic Prairie View Liquor Store 147617 24,046 THORPE DISTRIBUTING Beer Den Road Liquor Store 147618 323 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 147619 1,491 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 147621 250 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 147622 1,500 ALLDATA Prepaid Expenses General Fund 147623 177 ARMOR SECURITY INC. Other Contracted Services Outdoor Center 147624 24 ARNOLD,JANINE Program Fee Preschool Events 147625 750 BANK OF NEW YORK,THE Paying Agent S3,390,000 Facility Bond 2000 147626 325 BATES,DON Other Contracted Services Community Band 147627 932 BLOOMINGTON,CITY OF Other Contracted Services Animal Control 147628 64 BROWER,LINDA AR Utility Water Enterprise Fund 147629 85 BUTCHER,SHERRY Travel Expense City Council 147630 187 CARVER COUNTY TREASURER Other Contracted Services WAFTA Check# Amount Vendor/Explanation Account Description Business Unit 147631 216 CASE,RON Travel Expense City Council 147632 300 CUTSHALL,JEANNE MARILYN Miscellaneous Park Maintenance 147633 34 DISH NETWORK Cable TV Community Center Admin 147634 90 DMX MUSIC Other Contracted Services Prairie View Liquor Store 147635 68 ENDRES,KATHY Lessons&Classes Ice Arena 147636 20,307 ENSR Other Contracted Services WAFTA 147637 26 ERICKSON,MARK AR Utility Water Enterprise Fund 147638 391 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 147639 39,460 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Procecution 147640 247 I-STATE TRUCK CENTER Equipment Repair&Maint Fleet Services 147641 777 LANO EQUIPMENT INC Other Rentals Park Maintenance 147642 796 MEALS ON WHEELS Other Contracted Services Housing,Trans,&Human Sery 147643 75 MINNESOTA CHIEFS OF POLICE ASS Prepaid Expenses General Fund 147644 431 NEAL,SCOTT Dues&Subscriptions City Council 147645 215 NORTH AMERICAN PROPERTIES Deposits Escrow 147646 67 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 147647 101 PROTECTION ONE Other Contracted Services Douglas More House 147648 12 PULRANG,MARTIN Program Fee Preschool Events 147649 27 QUICKSILVER EXPRESS COURIER Postage Communication Services 147650 12 RODRIGUEZ,MELISSA Program Fee Preschool Events 147651 84 RUE,RODNEY Operating Supplies Engineering 147652 18 SIMENSON,GLADYS Wages No Benefits Elections 147653 179 ST.LOUIS PARK,CITY OF Conference Expense Park Maintenance 147654 28 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 147655 323 STAR TRIBUNE Advertising Winter Theatre 147656 163 STOVRING,LESLIE Mileage&Parking Storm Drainage 147657 45 TIME WARNER CABLE Dues&Subscriptions City Council 147658 30 UNITED FIREFIGHTERS ASSN Dues&Subscriptions Fire 147659 511 VERIZON DIRECTORIES CORP Advertising Prairie View Liquor Store 147660 125 VERIZON WIRELESS Pager&Cell Phone Water Utility-General 147661 67 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 147662 110 WILDER,LOIS Other Contracted Services Classes/Programs/Events 147663 39 WINE MERCHANTS INC Wine Imported Den Road Liquor Store 147664 124 WINE SOURCE INTERNATIONAL Liquor Den Road Liquor Store 147665 245 WOODDALE BLDERS Deposits Escrow 147666 637 XCEL ENERGY Electric Sewer Liftstation 147667 646 YOUNG,PHIL Travel Expense City Council 147668 25 AMUNDSON,TROY Program Fee Special Events&Trips 147669 924 ASPEN WASTE SYSTEMS INC. Waste Disposal City Hall-CAM 147670 25 BLOMGREN,CYNTHIA Lessons&Classes Fitness Classes 147671 25 FABER RICHARD Program Fee Special Events&Trips 147672 60 GENZ RYAN PLUMBING&HEATING Cash Over/Short General Fund 147673 73 KRESS,CARLA Mileage&Parking Senior Center Administration 147674 217,238 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 147675 5,750 MOODY'S INVESTORS SERVICE Paying Agent Parks Referendum 147676 292 PETTY CASH-CARLA KRESS Equipment Repair&Maint Senior Center Operations 147677 344 PITNEY BOWES INC Other Rentals General 147678 10 PRECISION HEATING&COOLING Cash Over/Short General Fund 147679 40 REHAUME,MARY Other Contracted Services Community Band 147680 127 RUND,LISA Tuition Reimbursement/School Organizational Services 147681 18 STATE OF MINNESOTA Operating Supplies Fleet Services 147682 25 SZECSI,GABRIELLA Program Fee Special Events&Trips 147683 20 WENZEL HEATING&AC Cash Over/Short General Fund 147684 90 WERTS,SANDY Mileage&Parking Special Events Administration 147685 100 WOOD,ERNEST Workers Comp Insurance Risk Management 147686 7,829 XCEL ENERGY Electric Traffic Signals 147687 195 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 147688 304 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 147689 90 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 147690 8,578 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 147691 7,318 DAY DISTRIBUTING Beer Prairie Village Liquor Store 147692 9,124 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 147693 18,407 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 147694 266 FRED Misc Taxable Den Road Liquor Store 147695 1,449 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store > q 147696 9,538 GRIGGS COOPER&CO Liquor Prairie View Liquor Store 147697 84 HOHENSTEINS INC Beer Den Road Liquor Store 147698 51,456 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 147699 726 M.AMUNDSON LLP Misc Taxable Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 147700 6,464 MARK VII Beer Prairie View Liquor Store 147701 564 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 147702 3,209 NEW FRANCE WINE COMPANY Wine Domestic Prairie View Liquor Store 147703 3,721 PAUSTIS&SONS COMPANY Wine Imported Prairie Village uor Store PLiquor 147704 12,765 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 147705 3,600 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 147706 16,184 QUALITY WINE&SPIRITS CO Wine Domestic Prairie View Liquor Store 147707 49 RUSSELL&MILLER,INC Operating Supplies Den Road Liquor Store 147708 468 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 147709 18,274 THORPE DISTRIBUTING Beer Den Road Liquor Store 147710 4,833 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 147711 2,848 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 147712 1,541 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 147713 43 A TO Z RENTAL CENTER Operating Supplies Street Maintenance 147714 131 ABLE HOSE&RUBBER INC Repair&Maint.Supplies Water Treatment Plant 147715 50 ACTNAR Repair&Maint.Supplies Water Treatment Plant 147716 69 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Prairie View Liquor Store 147717 966 AERO DRAPERY AND BLIND Contract Svcs-Gen.Bldg City Center Operations 147718 2,774 ALTERNATIVE BUSINESS FURNITURE Capital Under$2,000 Capital Impr./Maint.Fund 147719 173 AMSAN BRISSMAN-KENNEDY Cleaning Supplies Outdoor Center Facilities 147720 5,389 APPLIED ECOLOGICAL SERVICES IN Other Contracted Services Storm Drainage 147721 805 ASPEN EQUIPMENT CO. Equipment Repair&Maint Fleet Services 147722 169 ASTD Dues&Subscriptions Human Resources 147723 198 AUTOMATED ENTRANCE PRODUCTS IN Contract Svcs-Security Police City Center 147724 64,528 BARBER CONSTRUCTION Improvement Contracts Capital Impr./Maint.Fund 147725 9 BATTERY STORE INC,THE Operating Supplies Engineering 147726 1,620 BAUER BUILT TIRE AND BATTERY Equipment Repair&Mamt Fleet Services 147727 240 BEAL,CARLY Other Contracted Services Adult Open Gym 147728 773 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 147729 720 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 147730 6,900 BIG STEER MEATS Other Contracted Services Deer Consultant 147731 239 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security Community Center Maintenance 147732 3,404 BONESTROO ROSENE ANDERLIK&AS Other Contracted Services Storm Drainage 147733 200 BOYER TRUCKS Equipment Parts Fleet Services 147734 278 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 147735 2,776 BRAUN INTERTEC CORPORATION Testing-Soil Boring ADC PROJECT 147736 2,971 BROWN TRAFFIC PRODUCTS Operating Supplies Traffic Signs 147737 1,531 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 147738 25 BURTON EQUIPMENT INC Supplies-General Bldg Police City Center 147739 135 C&C EMBROIDERY Clothing&Uniforms Police 147740 568 CAMPBELL KNUTSON,P.A. Legal WAFTA 147741 225 CATCO PARTS SERVICE Equipment Parts Fleet Services 147742 303 CENTERPOINT ENEGY Gas Crestwood Park 147743 61 CLAREYS INC Protective Clothing Water Utility-General 147744 200 CONSOLIDATED CONTAINER CO LLC Operating Supplies Police 147745 2,834 CONTROL SERVICES OF MINNESOTA, Contract Svcs-HVAC City Hall-CAM 147746 2,353 CORPORATE EXPRESS Office Supplies Police 147747 788 COURTNEY TRUCK SERVICE Contract Svcs-Ice Rink Ice Arena Maintenance 147748 42 CROWN MARKING INC Office Supplies General 147749 3,926 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 147750 2,876 DAVIES/NORTHERN WATER WORKS Machinery&Equipment Water System Maintenance 147751 126 DAVIS BUSINESS MACHINES INC Operating Supplies Ice Arena 147752 71 DAY-TINIER Office Supplies Special Events Administration 147753 425 DEALER AUTOMOTIVE SERVICES INC Equipment Repair&Maint Fleet Services 147754 5,013 DECORATIVE DESIGNS INC Contract Svcs-Int.Landscape City Center Operations 147755 54 DELEGARD TOOL CO Small Tools Fleet Services 147756 175 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary 147758 45,015 DIVERSE BUILDING MAINTENANCE CH Robinson Janitor Service City Ctr-Tenant Direct Costs 147759 150 DNR Clothing&Uniforms Ice Show 147760 672 DOHERTY,SANDRA L Other Contracted Services Volleyball 147761 11,007 DRT TRANSPORT Other Contracted Services Lime Sludge 147762 808 ECOLAB INC Contract Svcs-Pest Control Fire Station#3 147763 150 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Organizational Services 147764 115 EF JOHNSON Equipment Repair&Maint Wireless Communication 147765 5,405 EMBEDDED SYSTEMS INC Repair&Maint.Supplies Emergency Preparedness 147766 254 EMERGENCY AUTOMOTIVE TECHNOLOG Equipment Parts Fleet Services 147767 6,716 ENVIRONMENTAL PROCESS INC Building Repair&Maint. Capital Impr./Maint.Fund 147768 1,213 ESCHELON TELECOM INC Operating Supplies Telephone 147769 187 EXACOM Equipment Parts Wireless Communication Check# Amount Vendor/Explanation Account Description Business Unit 147770 240 FIRE Tuition Reimbursement/School Fire 147771 14 FERRELLGAS Gas Outdoor Center 147772 1,051 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Services 147774 19,800 G&K SERVICES Clothing&Uniforms Street Maintenance 147775 1,029 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 147776 3,295 G GARDNER CONCRETE Other Contracted Services Rehab 147777 383 GE SUPPLY LOGISTICS,LLC Repair&Maint.Supplies Water System Maintenance 147778 918 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance 147779 69 GRAFIX SHOPPE Equipment Repair&Maint Fleet Services 147780 1,385 GRAINGER Supplies-General Bldg Community Center Maintenance 147781 200 GREENMAN TECHNOLOGIES OF MN IN Waste Disposal Fleet Services 147782 12,294 GREENSIDE INC Contract Svcs-Snow Removal City Hall-CAM 147783 3,875 H M CRAGG CO Equipment Repair&Maint Heritage Preservation 147784 201 HACH COMPANY Office Supplies Water Treatment Plant 147785 8,657 HANSEN THORP PELLINEN OLSON Design&Engineering Storm Drainage Projects 147786 108 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services 147787 350 HARMON INC. Contract Svcs-General Bldg Park Shelters 147788 15,413 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 147789 672 HAUGLAND,KELLY Other Contracted Services Volleyball 147790 5,783 HAWKINS INC Chemicals Water Treatment Plant 147791 240 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Fire 147792 371 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 147793 4,411 HOPKINS CARPET ONE Other Contracted Services Rehab 147794 325 ICE SKATING INSTITUTE Licenses&Taxes Ice Arena 147795 1,999 ICERINK SUPPLY CO Contract Svcs-Ice Rink Ice Arena Maintenance 147796 471 IND SCHOOL DIST 272 Building Rental Community Band 147797 527 ITS A KEEPER Awards City Manager 147798 1,435 J H LARSON COMPANY Supplies-Electrical Public Works/Parks 147799 64 J-CRAFT DIV OF CRYSTEEL MFG IN Equipment Parts Fleet Services 147800 1,381 JANEX INC Supplies-General Bldg General Facilities 147801 65 KD KANOPY Operating Supplies Special Events Administration 147802 771 KEEPERS Clothing&Uniforms Reserves 147803 334 KOENIG&SONS EQUIPMENT INC Equipment Repair&Maint Fleet Services 147804 129 KRAEMERS HARDWARE INC Repair&Maint.Supplies Water Treatment Plant 147805 1,551 LAKE COUNTRY DOOR Supplies-General Bldg Public Works/Parks 147806 915 LANDS END CORPORATE SALES Clothing&Uniforms Police 147807 275 LAND EQUIPMENT INC Equipment Repair&Maint Fleet Services 147808 683 LASTAVICH STEVE Other Contracted Services Heritage Preservation 147809 78,657 LAVAN FLOOR COVERING Building Capital Impr./Maint.Fund 147810 350 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 147811 154 LHB INC Deposits Escrow 147812 115 LIFE SAFETY SYSTEMS Contract Svcs-Fire/Life/Sfty City Hall-CAM 147813 697 LITTLE FALLS MACHINE INC Equipment Parts Fleet Services 147814 169 LORENZ LUBRICANT COMPANY INC Lubricants&Additives Fleet Services 147815 318 LOVEGREEN INDUSTRIAL SERVICES Equipment Testing/Cert. Fleet Services 147816 421 MACKUBIN AUTOMATION Office Supplies Sewer Accounting 147817 132,056 MAGNEY CONSTRUCTION INC Improvement Contracts Utility Improvement Fund 147818 14,000 MARKETLINE RESEARCH INC Other Contracted Services Economic Development 147819 143 MARKS EDEN PRAIRIE BP Equipment Repair&Maint Police 147820 122 MENARDS Operating Supplies Street Maintenance 147821 692 METRO BRUSH&SUPPLY Operating Supplies Ice Arena 147822 1,500 METRO CONCRETE RAISING INC Building Repair&Maint. Capital Impr./Maint.Fund 147823 635 METRO FIRE Repair&Maint.Supplies Fire 147824 354 METROPOLITAN FORD Equipment Parts Fleet Services 147825 40,671 MIDWEST ASPHALT CORPORATION Improvement Contracts Construction Fund 147826 2,200 MIDWEST DESIGN CO Other Contracted Services Communication Services 147827 1,912 MILLER DUNWIDDIE Other Contracted Services Capital Impr./Maint.Fund 147828 27,930 M SINESOTA CONSTRUCTION Building Capital hnpr./Maint.Fund 147829 158 MINNESOTA CONWAY Operating Supplies Fire 147830 22,924 MINNESOTA DEPT OF HEALTH Miscellaneous Water System Sample 147831 518 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance 147832 201 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire 147833 38 MOTION INDUSTRIES INC. Equipment Parts Fleet Services 147834 179 MIT DISTRIBUTING INC Equipment Parts Fleet Services 147835 210 MURRAY,JOHN Other Contracted Services Basketball 147836 169 NATIONAL WATERWORKS Equipment Parts Water Meter Repair 147837 360 NEW HORIZONS Conference Expense Information Technology 147838 129 NOKOMIS SHOE SHOP Clothing&Uniforms Sewer Utility-General 147839 19,316 NORTH AMERICAN SALT CO Salt Snow&Ice Control Check# Amount Vendor/Explanation Account Description Business Unit 147840 1,430 NORTHRIDGE EXTERIOR DESIGN INC Other Contracted Services Rehab 147841 5,020 NORTHSTAR MUDJACKING SPECAALIS Repair&Maint.Supplies Storm Drainage 147842 333 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 147843 160 NUCO2 INC Chemicals Pool Maintenance 147844 147 OLSEN COMPANIES Operating Supplies Park Maintenance 147845 651 OSI BATTERIES INC Operating Supplies Fire 147846 218,421 PARK CONSTRUCTION Improvement Contracts Fire Station#4 147847 16,994 PARROTT CONTRACTING INC Other Contracted Services Water System Maintenance 147848 703 PEPSI COLA COMPANY Merchandise for Resale Concessions 147849 79 PLANT&FLANGED EQUIPMENT Repair&Maint.Supplies Water Treatment Plant 147850 181 POWER SYSTEMS Equipment Parts Fleet Services 147851 109 POWERPLAN 0113 Equipment Parts Fleet Services 147852 18,544 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Prairie View Liquor Store 147853 400 PRAIRIE OFFSET PRINTING Printing Street Maintenance 147854 136 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 147855 449 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 147856 240 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 147857 301 RECREONICS Supplies-General Bldg Pool Maintenance 147858 185 RIDGEVIEW MEDICAL CENTER Other Contracted Services Risk Management 147859 500 ROBERT C VOGEL Other Contracted Services 1999 CLG Grant 147860 10,165 RUMPCA CO INC Waste Disposal Tree Removal 147861 58 S H BARTLETT CO INC Supplies-Plumbing Community Center Maintenance 147862 134 SBSI INC Software Maintenance Information Technology 147863 871 SHANK CONSTRUCTORS INC Other Contracted Services Water Treatment Plant 147864 8,344 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996 147865 149 SHRED-TT Waste Disposal City Center Operations 147866 756 SIGHTLINE DISPLAYS,LLC Contract Svcs-Ice Rink Ice Arena Maintenance 147867 171,482 SM HENTGES&SONS INC Improvement Contracts Charlson Area Construction 147868 130 SNAP-ON TOOLS Small Tools Traffic Signs 147869 1,181 SOUTHWEST SUBURBAN PUBLISHING- Advertising Den Road Liquor Store 147870 156 SPORTS WORLD USA INC Merchandise for Resale Concessions 147871 947 SPS COMPANIES Supplies-Plumbing Community Center Maintenance 147872 18,371 SRF CONSULTING GROUP INC Deposits Escrow 147873 300 STANDARD HEATING&AIR COND CO Other Contracted Services Rehab 147874 252 STORMS,SARAH Other Contracted Services Volleyball 147875 1,163 STREICHERS Operating Supplies Police 147876 486 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 147877 4,889 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund 147878 97 SUN NEWSPAPERS Legal Notices Publishing City Clerk 147879 175 SWEDLUND SEPTIC SERVICES INC Waste Disposal Outdoor Center 147880 754 TKDA Design&Engineering Capital Impr./Maint.Fund 147881 253 TLC CAFE&CATERING Training Supplies Police 147882 144 TOMS WINDOW CLEANING Janitor Service-General Bldg Den Road Building 147883 196 TOWN AND COUNTRY DODGE Equipment Parts Fleet Services 147884 2,503 TRAFFIC CONTROL CORPORATION Operating Supplies Traffic Signals 147885 164 TRANS ALARM INC Contract Svcs-Security Police City Center 147886 144 TWIN CITY OXYGEN CO Lubricants&Additives Fleet Services 147887 969 UNIFORMS UNLIMITED Clothing&Uniforms Police 147888 1,272 UNITED GROUP Capital Under$2,000 Furniture 147889 1,863 VESSCO INC Repair&Maint.Supplies Water Treatment Plant 147890 879 VIDEO SERVICE OF AMERICA Operating Supplies Police 147891 1,699 W P&R S MARS CO Safety Supplies Water Treatment Plant 147892 596 WACONIA ROLL-OFF SERVICE Other Contracted Services Rehab 147893 995 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 147894 722 WATSON CO INC,THE Merchandise for Resale Concessions 147895 203 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 147896 493 WHEELER HARDWARE COMPANY Contract Svcs-General Bldg Police City Center 147897 35,650 WHITE BUFFALO INC Other Contracted Services Deer Consultant 147898 3,748 WILLIAMS,RAY OR TERRI Other Contracted Services Rehab 147899 3,976 WM MUELLER AND SONS INC Sand Snow&Ice Control 147900 32,724 YALE MECHANICAL INC Contract Svcs-HVAC Park Shelters 147901 345 ZACKS INC Repair&Maint.Supplies Water System Maintenance 147902 420 ZAHN,GERALD Other Contracted Services Volleyball 147903 457 ZARNOTH BRUSH WORKS INC. Equipment Parts Park Maintenance 147904 58 ZEE MEDICAL SERVICE Safety Supplies Senior Center Operations 147905 183 ZEP MANUFACTURING CO Equipment Parts Fleet Services 6,249,225 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions January 3,2006 ITEM DESCRIPTION: DEPARTMENU/DIVISION• Resolution supporting passage of proposed amendment to the Minnesota Constitution ITEM NO.: IX.A. Office of City Manager dedicating motor vehicle sales tax revenue to transportation Requested Action Move to: Adopt Resolution supporting passage of the proposed amendment to the Minnesota Constitution dedicating all of the motor vehicle sales tax revenue to transportation with at least 40%of the revenue for public transit assistance and not more than 60% of the revenue for highway purposes. Synopsis In November 2006 a referendum will be held to amend the Minnesota Constitution to redistribute taxes revenues collected from the sales tax on motor vehicles. The constitutional referendum was authorized by the State Legislature during the 2005 legislative session. The Minnesota Transportation Alliance(MTA) is a transportation advocacy group that has taken a position in favor of adoption of the constitutional change. The City is a member of the MTA. The MTA has crafted a resolution of support that it is asking its members to adopt. The resolution is attached. This resolution was placed on tonight's agenda at the request of Mayor Tyra-Lukens and Councilmember Aho. Gene Dietz and I both recommend the Council adopt this resolution and lend its support to the effort to encourage the public to support this constitutional change at the polls later this fall. Attachments Resolution Coalition List CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006- A RESOLUTION SUPPORTING PASSAGE OF THE PROPOSED AMENDMENT TO THE NIINNESOTA CONSTITUTION DEDICATING ALL OF THE MOTOR VEHICLE SALES TAX REVENUE TO TRANSPORTATION WITH AT LEAST 40% OF THE REVENUE FOR PUBLIC TRANSIT ASSISTANCE AND NOT MORE THAN 60% OF THE REVENUE FOR HIGHWAY PURPOSES WHEREAS,Minnesota's transportation infrastructure forms the backbone of the state's economy and a has a direct impact on future economic development;and WHEREAS,too many Minnesotans are being killed in traffic crashes on dangerous roadways; and WHEREAS,funding for highway and transit systems in Minnesota has remained stagnant and is failing to keep pace with growing population and growing demands;and WHEREAS,local governments throughout the state are struggling to maintain local transportation systems while the state's gas tax has not been increased since 1988 and transit budgets have been cut in recent years;and WHEREAS,the Minnesota Legislature has repeatedly turned to revenue from the motor vehicle sales tax,which has been viewed as user fee revenue, in order to fund both highway and transit systems including the current dedication of 54%of motor vehicle sales tax for transportation purposes; and WHEREAS,the legislature passed a proposed constitutional amendment during the 2005 Legislative Session that would appear on the ballot November 7, 2006, asking voters if the remaining 46%of motor vehicle sales tax revenue currently used for other purposes should be used for highways and transit systems; and WHEREAS,passage of this amendment would mean an increase in stable revenue for highway and transit systems throughout the state that would rise to approximately $300 million per year once the transfer of revenue is fully phased-in by 2011. NOW,THEREFORE,BE IT RESOLVED THAT THE CITY OF EDEN PRAIRIE strongly supports passage of the proposed amendment to the Minnesota Constitution dedicating all of the motor vehicle sales tax revenue to transportation with at least 40%of the revenue for public transit assistance and not more than 60%of the revenue for highway purposes., ADOPTED by the City Council of the City of Eden Prairie, on this 3rd day of January,2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk Coalition to Pass Constitutional Amendment Aggregate and Ready Mix Association of Minnesota Amalgamated Transit Union,Local 1005 American Agency,Inc. American Council of Engineering Companies of Minnesota Ames Construction Associated General Contractors of Minnesota Association of Metropolitan Municipalities Ayres Associates Bonestroo and Associates Cobb Strecker Dunphy and Zimmerman Cretex Concrete Products North Central Minnesota Transportation Alliance Duluth Transit Authority Highway Construction Industry Council HNTB International Union of Operating Engineers,Local 49 LeFebvre Companies,Inc. McLeod County Metropolitan Inter-County Association Minnesota Asphalt Pavement Association Minnesota Center for Environmental Advocacy Minnesota Chamber of Commerce Minnesota Public Transit Association Minnesota Transportation Alliance Minnesota Trucking Association North Central Cement Council Olmsted County SEH,Inc. SRF Consulting Group The I-35W Solutions Alliance TKDA Transit for Livable Communities Tri-Cap Transit Connection URS Corporation Weis Builders,Inc. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 3,2006 DEPARTMENU/DIVISION: ITEM DESCRIPTION: ITEM NO.: XII.A. Resolution Designating the Official Meeting Office of the City Manager Dates,Time and Place for the City of Eden Prairie Council in 2006 and Appointing Acting Mayor Requested Action Move to: Adopt Resolution designating the official meeting dates, time and place for the City of Eden Prairie Council in 2006 and appointing Councilmember the Acting Mayor. Synopsis This resolution requires approval on an annual basis. Councilmember Case served as Acting Mayor in 2003, 2004 and 2005. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES,TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE COUNCIL IN 2006 AND APPOINTING ACTING MAYOR BE IT RESOLVED, by the City Council of the City of Eden Prairie,Minnesota,that they meet on the first and third Tuesdays of each month at 7:00 P.M. in the Eden Prairie City Center Council Chambers, 8080 Mitchell Road,Eden Prairie,MN 55344. Council Workshops will be held at 5:00 P.M. and Council Forums will be held at 6:30 p.m.prior to regularly scheduled Council meetings. Robert's Rules of Order will prevail. BE IT RESOLVED,that the Council meetings in the month of March of 2006 will be held on the of the month. BE IT RESOLVED,that the first Council meeting in the month of April of 2006 will not be held. BE IT RESOLVED,that the first Council meeting in the month of July of 2006 will not be held. BE IT RESOLVED,that the only Council meeting in the month of November of 2006 will be held on the second Tuesday of the month. BE IT RESOLVED,that the first Council meeting in the month of January of 2007 will be held on the first Tuesday of the month. BE IT FURTHER RESOLVED,that Councilmember is hereby appointed to be the Acting Mayor in the absence of the Mayor. ADOPTED,by the City Council of the City of Eden Prairie, on this P day of January, 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk 1 - CITY COUNCIL AGENDA DATE: SECTION: Appointments January 3, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Resolution ITEM NO.: XII.B. Designating the Director and Alternate Office of the City Manager Director to the Suburban Rate Authority of 2006 Requested Action Move to: Adopt Resolution designating as the Director and as the Alternate Director to the Suburban Rate Authority. Synopsis This resolution requires approval on an annual basis. Director of Public Works Gene Dietz served as the Director and Councilmember Case served as the Alternate Director to the Suburban Rate Authority in 2005. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2006- A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY BE IT RESOLVED,that the City Council of the City of Eden Prairie hereby designates as the Director and as the Alternate Director of the Suburban Rate Authority for 2006. ADOPTED,by the City Council of the City of Eden Prairie, on this 3`d day of January, 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Appointments January 3,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XII.C. Office of the City Manager Appointment to Association of Metropolitan Municipalities Requested Action Move to: Approve appointment of the Mayor as Delegate and Councilmembers as Alternates to the Association of Metropolitan Municipalities. Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 3,2006 DEPARTMENU/DIVISION: ITEM DESCRIPTION: ITEM NO.: XII.D. Office of the City Manager Appointment to the National League of Cities Requested Action Move to: Approve appointment of the Mayor as Delegate and Councilmembers as Alternates to the National League of Cities. Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 3,2006 DEPARTMENU/DIVISION: ITEM DESCRIPTION: ITEM NO.: XII.E. Office of the City Manager Appointment to the Municipal Legislative Commission Requested Action Move to: Approve appointment of the Mayor to the Municipal Legislative Commission. Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 3, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XH.F. Office of the City Manager Appointment to the Southwest Corridor Commission Requested Action Move to:Approve appointment of to Southwest Corridor Commission. Synopsis This appointment is approved on an annual basis. Councilmember Young served on the Southwest Corridor Commission in 2005. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 3,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XII.G. Office of the City Manager Appointment to the Southwest Cable TV Commission Requested Action Move to: Approve appointment of to the Southwest Cable TV Commission. Synopsis This appointment is approved on an annual basis. Councilmember Case served on the Southwest Cable TV Commission in 2002,2003,2004 and 2005. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 3,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XHLH. Office of the City Manager Appointment to the Eden Prairie Foundation Requested Action Move to: Approve appointment of to the Eden Prairie Foundation. Synopsis This appointment is approved on an annual basis. Councilmember Young served on the Eden Prairie Foundation in 2004 and 2005. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 3, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XII.I. Office of the City Manager Appointment to the I-494 Corridor Commission Requested Action Move to: Approve appointment of to the I-494 Corridor Commission. Synopsis This appointment is approved on an annual basis. Councilmember Aho served on the I-494 Corridor Commission in 2005. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 3,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.H.J. Office of the City Manager Appointment to the City and School Facilities Use Task Force Requested Action Move to: Approve appointment of to the City and School Facilities Use Task Force. Synopsis This appointment is approved on an annual basis. Councilmember Young served on the City and School Facilities Use Task Force in 2003,2004 and 2005. CITY COUNCIL AGENDA DATE: January 3, 2006 SECTION: Appointments SERVICE AREA: ITEM DESCRIPTION: ITEM NO.: XII.K. Scott Neal Appointment of Citizen Representative to City Manager Southwest Metro Transit Commission Requested Action Move to: Appoint to the Southwest Metro Transit Board as the Eden Prairie Citizen Representative for a three-year term to end December 31, 2008. Synopsis It is necessary for the City Council to appoint a Citizen Representative for a three-year term to end December 31, 2008. Councilmember Ron Case has served in this position since January 2003. CITY COUNCIL AGENDA DATE: SECTION: Report of the City Manager January 3,2006 DEPARTMENUDWISION: ITEM DESCRIPTION: ITEM NO.: XIII.B.1 Scott H.Neal, City Manager City Attorney Requested Action Move to: Appoint Mr.Richard Rosow of the law firm of Gregerson,Rosow,Johnson&Nilan as the City Attorney for 2006. Synopsis At the conclusion of the Council's December 13 discussion concerning the approval of the 2006 City budget an amendment was approved by the Council directing City staff to discontinue contracting criminal prosecution services from a private law firm and to begin providing that service in-house with City employees. Based on the Council's discussion at the December 13 meeting,the motivation for this decision appeared to be a belief that the City could save $100,0004140,000 per year by changing the manner in which the City consumes this service. No one can fault the Council for wanting to investigate any and all avenues to reduce the tax burden that the City must pass on to our taxpayers;however,after investigating the projected financial and operational impacts of this change, I am asking the Council to reconsider this decision and reappoint Mr.Ric Rosow of the Gregerson,Rosow,Johnson and Nilan law firm as the City Attorney for 2006, including both civil and criminal prosecution services. My analysis of this proposal is based on the following assumptions: 1. The City of Eden Prairie compensation philosophy is to pay at or above at the market wage to attract the best employees possible for the job in question. The City's employee pay plan is based on this philosophy. If the City ultimately goes forward with the proposal to hire a criminal prosecutor,we will not seek to hire the lowest cost attorney we can find. My analysis assumes a hypothetical compensation package based on the City's current employee pay plan. 2. The City would not staff a new criminal prosecutor's office with a single staff attorney. Current work load levels would require at least 1.5 FTE of attorney time. This office would also require a 1.0 FIE for clerical support. Further,I project this staffing level would need to increase in the future based on increases in enforcement efforts and increases in the size and composition of our population.My analysis will be based on a criminal prosecutor's office with a staffing level of 1.5 FIE attorney and 1.0 FIE clerical. Council Agenda—City Attorney Page 2 I asked the City's Human Resources Division staff to estimate the personnel costs(compensation +fringe benefits)of an in-house criminal prosecutor's office with the assumed staffing levels. Their estimate of our costs for staffing is as follows: Associate City Attorney PT Associate Attorney Clerical Salary $82,800 $36,080 $42,328 Benefits $20,700 $5,412 $14,391 TOTAL $103,500 $41,492 $56,719 The total personnel cost for this staffing level using the City's employee plan as the guide is $201,711. I would note that this estimate does not include the following operating costs: office furniture,technology costs, office supplies, dues&memberships,transportation,training, postage, or books&materials. Since the Council's December 13 action,I received an unsolicited proposal from private attorney interested in becoming our in-house prosecutor. With no prompting from me,the attorney provided me with the following cost estimate for establishing an in-house prosecutor's office with the same staffing levels assumptions: Experienced attorney: $102,000-$114,000 (includes salary&benefits) Less Experienced attorney: $42,000-$48,000 (includes salary&benefits) Legal secretary $32,000-$42,000 (includes salary&benefits) This attorney's estimates of the annual non-personnel operating costs of this office to be $11,100. The total operating costs from this attorney's cost estimate to establish and operate a new prosecutor's office range from$185,800 to$213,800. The cost estimates from the private attorney and the City's Human Resources Division staff are P Y tY very comparable. I note that neither cost estimate creates a cost savings to the City anywhere close to the$100,0004140,000 level. I could not,therefore,recommend to the Council that the City proceed with this change based on projected costs savings. There are also two other reasons I believe the City should continue to contract this service to the current provider: 1. The Police Chief and I are satisfied with the performance of the current service provider. We have surveyed our Police Officers. They are very satisfied with the work of the current prosecutor.They give her high marks for availability and for the respect she shows for their judgment in the field. We have also surveyed outside parties, such as Cornerstone,that work closely with the current service provider. Again,they give the current service provider high marks for her performance and for the good working relationship she has established with them. 2. The Chief and I are concerned about the continuity of service during a transition period from a private service provider to an in-house service provider.We are concerned about effectiveness of our criminal prosecution services during this time period. There will be, Council Agenda—City Attorney Page 3 in my opinion, a diminution of service during the transition. The only benefactors of the diminution of service during a transition period will be those charged with crimes whose cases are not adequately prosecuted. I have previously recommended to the Council that the City retain the current private law firm to serve as our criminal prosecuting attorney. I offer the same recommendation to you again based on the following factors: 1. The apparent lack of significant cost savings from changing prosecution systems. 2. The satisfaction City staff have with the service of the current service provider. 3. The new cost control agreement that I have negotiated with the current service provider will cap the City's monthly prosecution legal fees at$20,000,with the only exception of hourly fees for jury trials. The decision to appoint the City Attorney in a Council-Manager Plan B city government is shared by the City Manager and the City Council. The City Manager proposes the name of an appointee, but the appointee must be approved by the Council for the appointment to become effective. I do not want to appear to be disagreeable with the Council or to appear disrespectful to your public policy prerogatives. However, I feel strongly about the advisability of this decision and wish to ask the Council to reconsider this policy direction. I also feel regretful that I was not able to offer you a more compelling case for staying the current course on this matter at the Council's December 13 meeting. I hope that I have offered a more compelling case in this memorandum. If the Council takes no action on this motion, staff will proceed immediately to implement the Council's current directive to create an in-house criminal prosecutor's office. If the Council approves this motion, staff will continue the relationship with the current service provider in 2006. I recommend approval of the proposed motion.