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HomeMy WebLinkAboutCity Council - 05/02/2006 AGENDA CITY COUNIL WORKSHOP OPEN FORUMIOPEN PODIUM TUESDAY,MAY 2,2006 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 Heritage Room H I. HENNEPIN COUNTY COMMISSIONERS Council Chamber II. OPEN FORUM III. OPEN PODIUM IV. ADJOURNMENT ITEM NO.: N.A. PROCLAMATION City of Eden Prairie Hennepin County,Minnesota WHEREAS,the increasing number of senior citizens in Eden Prairie bring many opportunities and challenges for all components of our City- - families, businesses, and government; and WHEREAS, every segment of our society is influenced by the needs,resources and expertise of our senior citizens; and awareness improves participation and action; and WHEREAS, our Eden Prairie seniors play a pivotal role in formal and informal education, sharing years of accumulated experience and wisdom which will impact our future; and WHEREAS,the community wishes to celebrate and acknowledge the contributions and accomplishments of the seniors in our community and recognize the organizations that serve older adults; and WHEREAS,the theme"Seniors In Action"establishes that seniors are an integral part of our community, NOW,THEREFORE, I,Nancy Tyra-Lukens, Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim The Month of May, 2006 to be SENIOR AWARENESS MONTH In the City of Eden Prairie, Minnesota ADOPTED by the Eden Prairie City Council on this 2nd day of May 2006. IN WITNESS WHEREOF, I have affixed the seal of the City of Eden Prairie. Nancy Tyra-Lukens,Mayor on behalf of Council Members: Brad Aho Sherry Butcher Ron Case Philip Young AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MAY 2,2006 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 Sweeny 1. ROLL CALL/CALL THE MEETING TO ORDER 11. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. SENIOR AWARENESS MONTH V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. TOWN MEETING HELD,TUESDAY,APRIL 11,2006 B. COUNCIL FORUM HELD TUESDAY,APRIL 18,2006 C. CITY COUNCIL MEETING HELD TUESDAY,APRIL 18,2006 D. COUNCIL RETREAT HELD SATURDAY,JANUARY 21,2006 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN PLACE APARTMENTS CLUBHOUSE by RREEF. Second reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment within the RM-2.5 Zoning District on 32.7 acres; Site Plan Review on 32.7 acres. Location: 8680 Magnolia Trail. (Ordinance for PUD District Review and Zoning District Amendment; Resolution for Site Plan Review). C. ADOPT RESOLUTION DECLARING PPOPERTY ABANDONED CITY COUNCIL AGENDA May 2, 2006 Page 2 D. ADOPT RESOLUTION AUTHORIZING LIMITED USE PERMIT FOR NON-MOTORIZED RECREATIONAL TRAIL. E. APPROVE PURCHASE OF THE ITRON MOBILE COLLECTION SYSTEM VERSION 2.5 FROM HYDRO METERING TECHNOLOGY F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES FOR DESIGN MODIFICATIONS TO WATER TREATMENT PLANT LIME RESIDUAL DISPOSAL SYSTEM G. AWARD STREET STRIPING CONTRACT TO CENTURY FENCE, I.C. 06-5670 VIII. PUBLIC HEARINGS/MEETINGS A. VACATION OF EASEMENT FOR PART OF WEST 62ND STREET, VACATION 05-03 (Resolution) B. HILLTOP ROAD IMPROVEMENTS,I.C. 05-5642 (Resolution) IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. 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 1. Birch Island Park Improvements E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF CITY COUNCIL AGENDA May 2, 2006 Page 3 H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ITEM NO.: VI.A. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TOWN MEETING TUESDAY,APRIL 11,2006 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, Community Development Director Janet Jeremiah, City Attorney Ric Rosow,Police Chief Dan Carlson, Fire Chief George Esbensen, and Council Recorder Deb Sweeney I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:15. Tyra-Lukens noted the City has not had a town meeting in this format for some time. The purpose is to provide citizens another opportunity to bring comments to Council. Tyra-Lukens invited residents to take advantage of Open Forum and Open Podium and to email, call, or stop Councilmembers any time. Input is welcomed. II. RESIDENT INPUT Dan Citrell, of 15731 Summit Drive, said taxes are growing too fast and the Council should take this under advisement. Robert Gartner, of 7336 Topview Road, asked what happened to the battery recycling cans that used to be available throughout the city. Tyra-Lukens said Staff would look into it.Aho noted Batteries Plus stores accept used batteries. There is also a recycling box for hearing aids specifically at the Senior Center. Teresa Nordquist, of 17005 Honeysuckle Lane, expressed concerns about speeding on Duke Lake Road and Duck Lake Trail, as well as neighbors setting off fireworks late at night. Carlson said it is appropriate to call 911 about fireworks so police can stop the activity as it is happening. Residents can also have their street made a higher priority for traffic enforcement by calling the daytime police phone at 952-949-6200. Laura Bluml of 10540 West Riverview Dr. expressed concerns over preserving the boulevard look during the Homeward Hills trail upgrade and about deer kill in her neighborhood. ANNOTATED AGENDA April 18,2006 Page 2 Richard Akerlund of 8675 Marigold expressed concerns about traffic on Hwy 101 and at Dellview Road, especially during entrance and exit times at the high school. Perhaps a police officer could direct traffic. John Iverson of 19152 Broadmoor Dr. called for civility in the budget process and receptivity to the Eden Prairie Taxpayers Association. Barb Wutz of 7548 Bittersweet Dr. expressed concerns about declining property values in her neighborhood due to neighbors not keeping up their property. Tyra-Lukens said aging housing stock is an issue in inner-ring suburbs and the City is trying to stay ahead of this curve. Carlson said residents should contact the police with concerns as these ordinances are enforced on a complaints-driven basis. Greg Olson of 7373 Ann Court expressed concerns about litter and Dutch Elm disease. Lambert said residents can call Stu Fox if they spot Dutch Elm signs and the tree can become a priority for checking. Dietz noted the City has an adopt-a-street program through street maintenance. Marilyn Michaels of 6459 Pinnacle Drive asked if any City running trails are plowed and sanded in winter.Lambert said 70 miles are plowed but none are sanded. Tom Briant of 15560 Boulder Pointe Road asked whether the new budget included any new services or employees. Neal said he would provide any details desired. Dennis Bruns of 6745 Harlan Drive expressed concerns about weeds at the trail access near his home and the need for a stoplight at Baker Road and Edenvale Boulevard. He asked what the City is doing to hold the line on taxes. Tyra-Lukens said collaborative efforts, public-private partnerships, and outsourcing are some ways the City is saving money. Rick Meyer of 6745 Amherst Lane asked what surveyors are doing in his neighborhood and expressed dissatisfaction with snow plowing.Lambert explained surveyors are preparing for the new trail system in the Edenbrook Conservation area including a small parking lot. Dietz said he would follow up on plowing. Sue Uhlig of 16370 N. Hillcrest Court opposed the third rink. Amy Hofstede of 15919 Cedar Ridge Road expressed concerns about left turn lane signage at the intersection of Highway 212 and Anderson Lakes Road. Jeff Strate of 15021 Summerhill Drive praised the City's responsiveness to his concerns and said the current Councilmembers balance each other well. ANNOTATED AGENDA April 18,2006 Page 3 Kevin Bluml of 10540 West Riverview Drive expressed concerns about garage sale signs, evergreens blocking sight lines at intersections, an overgrown volleyball court at Homeward Hills, parking for games on the grass, and the third ice rink. Paul Wendorff of 8590 Revere Court asked if official minutes of the Council budget retreat are available. Neal said these would be voted on at the April 18 Council meeting. Wendorff asked where money for a recent$160,000 settlement would come from. Rosow said it would be paid through insurance with the Minnesota League of Cities, plus a co-pay. Lee Elliot-Stoering of 18309 thanked police for their help in resolving her unfinished work dispute with her contractor. III. ADJOURNMENT Tyra-Lukens adjourned the meeting at 8:15 p.m. ITEM NO.: UNAPPROVED MINUTES CITY COUNIL WORKSHOP OPEN FORUNVOPEN PODIUM TUESDAY,APRIL 18,2006 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,Assistant Fire Chief Steve Koering,Fire Inspector Scott Taylor,Lieutenant Mike Bosacker, Deputy Police Chief Rob Reynolds, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. EMERGENCY MANAGEMENT AND SECURITY ISSUES DEBRIEFING (Closed session) Council Chamber IL OPEN FORUM Mr.Jeff Strate addressed Council on Edenvale Park and Forest Hills Park concept plans. Strate said he is concerned that senior citizen, low income, and immigrant park users may not have been considered when developing the plans for Edenvale Park. He asked Council to ensure that proper consideration is given to these users before approving the final plans. Strate also suggested that the City consider removing buckthorn from the western edge of Forest Hills Park as part of the renovation project. Mr.Basil Wissner said as a citizen he feels obligated to help the City rid itself of the problem deer and geese populations. He asked what he as an individual can do to help. III. OPEN PODIUM IV. ADJOURNMENT ITEM NO.: VI.C. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,APRIL 18,2006 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 Mayor Tyra-Lukens called the meeting to order at 7:02 p.m. She reminded residents April 22 is Earth Day. Volunteers will clean parks and streets on Saturday morning. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. ARBOR DAY—MAY 6,2006 Tyra-Lukens read the proclamation. B. APRIL AS CHILD ABUSE PREVENTION MONTH Tyra-Lukens read the proclamation. C. FRIENDSHIP VENTURES PROJECT Ed Strakay of Friendship Ventures shared plans for improvements at Edenwood Center camp for children with disabilities. Over$600,000 in cash and in-kind gifts was raised. He invited the public to attend the groundbreaking May 3ra V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal noted revisions to Item VII.Q., Friendship Ventures, and the addition of Croixwood Lane Storm sewer improvements to Director of Public Works report. ANNOTATED AGENDA April 18,2006 Page 2 MOTION: Butcher moved, seconded by Young, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. COUNCIL FORUM HELD TUESDAY,MARCH 21,2006 MOTION: Aho moved, seconded by Young,to approve the Council Forum minutes as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,MARCH 21,2006 MOTION: Case moved, seconded by Butcher,to approve the City Council minutes as published. Motion carried 5-0. C. COUNCIL RETREAT HELD SATURDAY,JANUARY 21,2006 Case said Council had never determined what type of minutes to have for the Council retreat: abstract or full,published or merely available,recorded by a recorder or a stenographer. The"minutes"are more like notes.Rosow noted state law requires minutes for all meetings of Council. In recent years,the Council minutes have been much more extensive than is dictated by Roberts Rules of Order, which recommends a very short record of the motions and votes. It is a matter of preference how much detail to include. Case asked if the minutes could be shortened as he had over 50 errors to correct in their current form. Young agreed future minutes should not be this detailed,but noted the minutes are already a matter of public debate. .It might be better to submit draft changes than to simply shorten and generalize them. Butcher said the real issue is that Council did not get a chance to approve the minutes before sections were printed in the paper, out of context. In the past the Council has usually had a stenographer. Since the minutes are already public, it might be best to just approve them.Aho agreed and said editing the minutes was unlikely to be productive. Tyra-Lukens objected that the minutes are inaccurate. She supported making an abstract. Rosow pointed out the current notes are a public document whether approved as the minutes or not. The draft minutes would not be suP erceded if an abstract is made. Butcher asked how Council could prevent a repeat of having unapproved minutes in the newspaper. Rosow said drafted minutes are available under the data practices act,unless they record a closed session. If the Council switches to more abbreviated minutes, it would also still be possible to access audio and video recordings to see who said what. Tyra-Lukens said the unstructured nature of a ANNOTATED AGENDA April 18,2006 Page 3 retreat makes it hard to record accurately.Neal said the retreat process was similar to that used in prior years. Plans call for shortening minutes across the board. Tyra-Lukens suggested having Councilmembers submit changes for Staff to compile into revised minutes, and to also have Staff draft a pared down abstracted version for Council's review. MOTION: Aho moved, seconded by Young,to direct Staff to compile Councilmembers' corrections into revised minutes and to draft an abstract version of the minutes so Council could review the two documents side by side at its next meeting. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. PRAIRIE ESTATES by T.H. Parker, Inc. Second reading of the Ordinance of the Planned Unit Development District Review with waivers and Zoning District Change from Rural to R1-13.5 on 6.47 acres. Location: South of 62nd St. W,west of Country Road, and north of Claycross Way (Ordinance No. 13-2006 for PUD-10-2006 District Review and Zoning District Change) C. ADOPT RESOLUTION NO.2006-46 APPROVING FINAL PLAT FOR PRAIRIE ESTATES D. ADOPT RESOLUTION NO.2006-47 APPROVING FINAL PLAT FOR STONEGATE OF EDEN PRAIRIE 3RD ADDITION E. ADOPT RESOLUTION NO.2006-48 APPROVING FINAL PLAT FOR DOYLE ESTATES F. ADOPT RESOLUTION NO. 2006-49 APPROVING FINAL PLAT FOR HORIZON PLACE G. APPROVE CHANGE ORDER NO. 2 FOR TH212 AT PRAIRIE CENTER DRIVE INTERSECTION IMPROVEMENT H. AWARD CONTRACT FOR 2006 BITUMINOUS CRACK SEALING I. ADOPT RESOLUTION NO. 2006-50 TO RECEIVE PETITION FOR HILLTOP ROAD J. RECEIVE FEASIBILITY REPORT AND ADOPT RESOLUTION NO. 2006-51 SETTING A PUBLIC HEARING FOR HILLTOP ROAD IMPROVEMENTS ANNOTATED AGENDA April 18,2006 Page 4 K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH S E H FOR THE SURVEY AND FINAL DESIGN SERVICES OF THE HILLTOP ROAD IMPROVEMENT PROJECT L. APPROVE CHANGE ORDER NO. 1 FOR CONST RUCTION OF WELL NO. 15 M. APPROVE CHANGE ORDER NO. 1 FOR CONSTRUCTION OF WELL HOUSE NO. 15 N. APPROVE PROPOSAL TO PROVIDE AQUATIC PLANT SURVEYS FOR NORTHWEST AND SOUTHWEST ANDERSON LAKES O. APPROVE PROPOSAL TO COMPLETE PHASE I OF THE NONDEGRADATION REPORT BY WENCK& ASSOCIATES P. APPROVE CHANGE ORDER NO.2 FOR IMPROVEMENTS TO MITCHELL ROAD & TECHNOLOGY DRIVE Q. ADOPT RESOLUTION NO. 2006-52 AUTHORIZING FRIENDSHIP VENTURES TO PROCEED WITH CONSTRUCTION PROJECT AT EDEN WOOD CENTER(GLEN LAKE CHILDREN'S CAMP) R. ADOPT RESOLUTION NO.2006-53 CHANGING PRECINCT BOUNDARIES S. APPROVE REVISION TO THE ARTS AND CULTURE COMMISSION CHARTER STATEMENT T. ACCEPT 2005 GENERAL FUND FINANCIAL RESULTS U. AWARD BID FOR RECONSTRUCTION OF HOMEWARD HILLS ROAD TRAIL TO NORTHWEST ASPHALT,INC. V. AWARD BID FOR RECONSTRUCTION OF STARING LAKE PARK TRAILS TO NORTHWEST ASPHALT,INC. W. APPROVE REHABILITATION OF A BETTER CHANCE (ABC) SITE WITH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS X. ADOPT RESOLUTION NO. 2006-54 AMENDING FEE RESOLUTION NO.2006-134 (2005-134??)RELATING TO RENTAL HOUSING LICENSURE FEES ANNOTATED AGENDA April 18,2006 Page 5 Y. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS Z. AWARD CONTRACTS FOR LAWN MAINTENANCE AT CITY HALL AND FIRE STATION 1 AA. AWARD CONTRACTS FOR LAWN MAINTENANCE AT DEN ROAD, FIRE STATIONS 2 &3 AND BUILDING 51 BB. APPROVE JOINT POWERS AGREEMENT WITH THE STATE OF MINNESOTA FOR TWO-FINGER IDENTIFICATION UNITS Tyra-Lukens pulled Item U, Homeward Hills trail improvements, for discussion. She asked Lambert to respond to residents' concerns about the wider trail eliminating the green space that creates a"boulevard"effect and bringing the trail too close to the street. Lambert said the trail is one of the few 6-foot trails in town and requires special equipment to clear. Consequently, it often takes 4-5 days to clear the trail after a snowfall. Upgrading the trail to 8 feet wide will permit standard truck plows to be used. The trail has to go toward the street because at least 50%of the properties have extensive landscaping and fences on the other side. It will go out towards the boulevard for the entire length of the trail. MOTION: Case moved, seconded by Aho,to approve Items A-BB on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. ERS ESTATES by ERS Development.Request for: Preliminary Plat of 1.33 acres into two lots. Location: 12551 Beach Circle (Resolution No.2006-55 for Preliminary Plat) Neal said this is a two lot single-family development. This site is zoned R1-22. Both lots conform to the R1-22 zoning requirements. The Planning Commission voted 4-1 to recommend approval of the project at its March 13, 2006 meeting with the condition that this project be subject to further staff review for additional tree loss. Following this meeting, staff met with the developer to discuss the Planning Commission's recommendation for review of additional tree loss. The developer submitted a plan showing a shift in the building pad location. However,the plan did not result in reducing the proposed tree loss. Attorney Matthew Zahn spoke on behalf of a neighboring resident to oppose the development.Half of the residents have already signed an objection. The neighborhood consists of large lakeside estates and the subdivided lots will be less than half the average size, changing the character. Loss of large trees will occur. Also,the proponent is asking the original easement for lake access apply to both new lots. This is unfair to the easement owner. Any dock large enough to ANNOTATED AGENDA April 18,2006 Page 6 accommodate three lots would also have to jut significantly into Bryant Lake. Zahn asked Council to reject the subdivision or at minimum deny the easement. Rezoning to prevent further subdivision would also be valuable even if this development is approved. Resident Bob Franzen of 6151 Beach Road expressed concern an additional well would draw too much water and affect his supply. The site is so steep that extensive grading would be required and change the whole aesthetic of the neighborhood. Resident Stu Nolan of 7020 Willow Creek Road said he had similar concerns when a subdivision was granted on his side of Bryant Lake.A petition was signed by 90%of residents but the subdivision was approved on a split vote. The site looks overcrowded and seems to have set a precedent for further development, as feared.Nolan proposed a moratorium on development and a study of the zoning. MOTION: Young moved, seconded by Case,to close the public hearing. Motion carried 5-0. The proponent asked to speak again. MOTION: Young moved, seconded by Case,to re-open the public hearing. Motion carried 5-0. The proponent said he had not seen the attorney's documents but noted the development plan contains no exceptions and no variances. The redesign only impacts three large trees,one of which is dead. The owner bought the property from his own family. The existing house is on high ground and the new house is on low ground, so there will not be a significant change in the appearance of the area. Improvements to the existing house will bring it more into line with the quality of neighboring homes. The new home will be of comparable quality as well. Tyra-Lukens asked if the home would be occupied by the builder or marketed. The proponent said it would go to market as a value-added property. MOTION: Young moved, seconded by Case, to close the public hearing. Motion carried 5-0. Young said Council had to abide by existing zoning. He asked for confirmation that granting or denying the easement was also outside the Council's power. Rosow confirmed this is a matter for the courts, unless the benefited property owner voluntarily releases the easement. Typically the owner of the easement and the beneficiary will take the matter to court. Docks are a separate issue. Most are grandfathered in and the City is not allowed to grant a new dock under its ordinance. Young asked if there were any grounds for denial based on zoning. Jeremiah said no. Case asked about environmental impacts. Dietz noted this side ANNOTATED AGENDA April 18,2006 Page 7 of the lake has wells but is connected to the sanitary sewer. Rosow said substantial environmental damage could be a basis for denial,but requires a factual basis. Staff examines this issue routinely. Butcher asked about water pressure in wells being impacted. Dietz said the Department of Health issues well permits and he could not comment authoritatively. Butcher asked why one Planning Commission member voted against the project. Jeremiah said it was the pad site and the loss of large, living trees. However, either pad location meets ordinance. Aho said there is no basis for denying this development,but favored looking at the zoning to control future development. He asked for a timeline on that process. Jeremiah said the area is not a highlighted area for the Comprehensive Plan update but could be added. The current zoning is R-22, or%2 acre. R-144 would be full acre,then the next size is rural zoning. Not all the current lots would fit within the 44,000 sq ft.designation. Case said he was on record opposing subdivision on the lake and asked if doubling the number of homes on the lake wouldn't affect water quality. Jeremiah noted the lot isn't even lakefront. Rosow said the City would need to show the proposed improvement of this lot was likely to cause significant environmental damage.Young said trying to use lake impacts to restrict development of non-lakefront property sets a bad precedent. Tyra- Lukens said there appears to be no basis for denial but supported looking at the zoning as soon as possible. Young asked if continuing the hearing would serve any purpose. Neal said Staff have already thoroughly reviewed the development, including environmental concerns, and nothing new is likely to come to light. MOTION: Young moved, seconded by Butcher,to close the Public Hearing and adopt Resolution No. 2006-55 for Preliminary Plat on 1.33 acres into two lots. Motion carried 5-0. B. VACATION OF PART OF THE DRAINAGE &UTILITY EASEMENT OVER LOT 1,BLOCK 2,HARTFORD COMMONS 2'"ADDITION (Resolution No.2006-56) Neal stated the Property Owner has requested the vacation of part of the Drainage and Utility easement to facilitate the construction of a covered entrance and attached patio for the end unit of a multi-family building. MOTION: Case moved, seconded by Young, to close the Public Hearing and adopt Resolution No. 2006-56 vacating part of the Drainage and Utility Easement over Lot 1,Block 2,Hartford Commons 2❑d Addition. Motion carried 5-0. C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 6,RELATING TO STREETS AND SIDEWALKS ANNOTATED AGENDA April 18,2006 Page 8 Neal said City Code Chapter 6 was revised to clarify and expand the requirements for placement of obstructions in streets, such as dumpsters or roll-off containers and to provide a consistent application process for other activities that are within streets, sidewalks and rights-of-way. The dumpster provision is the main change. Resident Laura Bluml of 10500 Riverview Road applauded the changes citing many examples of safety hazards blocking trails. MOTION: Butcher moved, seconded by Aho,to close the Public Hearing and approve First Reading of an Ordinance Amending City Code Chapter 6 Relating to Streets and Sidewalks. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Aho,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. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9,RELATING TO RENTAL HOUSING Neal said proposed changes are primarily "housekeeping" with the exception of adding requirements for the building interior, smoke detectors and adding the presence of mold as a violation. MOTION: Aho moved, seconded by Butcher,to approve 1 st reading of an ordinance amending City Code Section 9.11. Motion carried 5-0. XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Strategic Community Partnership with Loudi,China—Next Steps Neal said the City received an invitation to join Habitat for Technology members in a return visit to Loudi, China May 10-17. Rosow's review, ANNOTATED AGENDA April 18,2006 Page 9 however, revealed the state auditor found spending City funds for such a purpose unacceptable when a similar situation occurred in Ramsey. There might be more discretion if the City had an economic development authority. Tyra-Lukens said she would pay her own way.Rosow said this would be appropriate and she could still represent the City as mayor. 2. Chany-e in Employee Health Insurance Neal reported rising costs(of 12%in 2006 and 12% in 2007)triggered an RFP for a new health care vendor. HealthPartners will be the new provider,with a 1.8%increase in 2006 and a 13.1%cap in 2007. Projected savings are$50,000 in 2006 and$90,000 in 2007. Tyra-Lukens thanked Neal for finding these savings. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Red Rock Hills Park and Red Rock Lake Trail System Lambert said residents near Red Rock Lake alerted the city to two areas in need of attention: a trail along the north lakeshore, and a mini-park in the Red Rock Hills area. Back in the 1970s, a developer dedicated land for a trail along the shoreline of the lake and put in a poorly designed asphalt trail. Subsequent development did not extend the trail,however,and portions of the trail were also submerged when the outlet structure was revised to raise the lake water level two feet. The proposal is to improve the remaining section of trail and add a fishing dock/canoe launch area to serve residents on that side of the lake. Red Rock Hills Park was originally slated to be owned by a homeowners association. Neighbors assumed it was private and have been maintaining it. However, it was never deeded and eventually the City acquired it as a tax forfeit. The City was unaware the outlot contained a gazebo, volleyball court, and fire ring. Neighbors want to keep the park as is (minus the fire ring which is against ordinance)but have the City mow and maintain it. The City would mark existing access points to the park so more residents are aware of its existence. Aho asked if neighbors would be interested in purchasing back the park, and Lambert said no. MOTION: Butcher moved, seconded by Aho,to authorize staff to replace the deteriorated trail with a trail built to City standards that will provide the public with access to the shoreline,and to install a public dock ANNOTATED AGENDA April 18,2006 Page 10 on that shoreline to accommodate fishing and to make it easier to launch a canoe from that location. Motion carried 5-0. MOTION: Butcher moved, seconded by Young,to designate the public accesses to Red Rock Hills Mini Park by marking all three public accesses on the City outlots between homes on the north, south and east sides of the park, and begin maintaining this property in a fashion similar to the City standards on other mini parks. Motion carried 5-0. 2. Community Center Concept Plan Lambert said the next stop in the Community Center renovation is to approve a concept plan. Approving this schematic would set the space relationships and allow progress to the next steps. Issues discussed with stakeholders included the location of the gyms,the size of the locker rooms, location of concessions, controlling access to different areas,the usefulness and location of racquetball courts, a child care area, an indoor child play space, and the number and size of meeting rooms. The Parks Commission recommends Scheme G. Architect Del Ericson reviewed the concept plan. The plan calls for two distinct sections of the building—a more public"rink side"and a more controlled fitness and pool side, with a center control point where Parks and Recreation staff would be based. The upper level would have rink seating as well as fitness equipment and meeting rooms with views to the outside. Tyra-Lukens asked why Parks staff would move to the Community Center. Lambert explained only the Recreation manager and her three program staff would move. Since the Community Center manager position was eliminated, staff have been trying to manage the Community Center while being officed off-site. Parks staff and some of the recreation staff will still office in the City Center. Tyra-Lukens asked that green principles be incorporated into the design, including possibly recycled materials,natural lighting, and rooftop gardens. Ericson said the team is looking at a"cool"roof as well as a more efficient boiler system and energy management. MOTION: Aho moved, seconded by Case,to approve Scheme G as the preferred concept plan and authorize Staff to continue developing this concept based on the scheme. Motion carried 5-0. 3. Edenvale Park Concept Plan Lambert said there have been minor revisions to the plan since the referendum.A majority of neighbors supported the plan but there was discontent over the change from a baseball field to a soccer field. The new ANNOTATED AGENDA April 18,2006 Page 11 plan allows the space to be used for either purpose,though the decision must be made each season whether to take out the soccer goals or not. The revised plan also has full court basketball instead of half court and provides more access to a wooded area for picnicking. There is no change in the budget. MOTION: Case moved, seconded by Young,to approve the revised Edenvale concept plan and authorize final plans and specifications based on the plan. Motion carried 5-0. 4. Forest Hills Park Concept Plan Lambert said residents continue to support the plan.The chief concern is traffic cutting through the northwest corner road. This road will be changed to an 8-foot asphalt trail and gated if needed to prevent motorized traffic.Bids will be awarded in 2007. Tyra-Lukens asked if the City could facilitate volunteer buckthorn pulling, and Lambert said anytime. It would be too expensive to contract out,however. MOTION: Young moved, seconded by Butcher,to approve the concept plan for Forest Hills Park and authorize final plans and specifications for this park. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Renewal of Midwest Asphalt's Land Alteration Permit for 2006-2008 City Staff Jean Johnson explained Midwest Asphalt has done materials crushing and had an asphalt vat on the site since 1960. Since 1995, Midwest Asphalt has been covered by a two-year renewable Land Alteration Permit,which gives the City a means to regulate crushing hours.No crushing is permitted in summer months. The City also does periodic noise readings and investigates complaints. The plant had no violations, so renewal of the permit is recommended. Dietz noted notification of the permit renewal was sent to all property owners 2000 feet or less from the site. Butcher said neighbors are always complaining about how loud it is and wondered if the statute were strict enough. Johnson explained the noise levels are the same as used by Minnesota Pollution Control. L-10 monitoringmeasures acceptable noise levels as 65 decibels for 10%of an P hour. A law mower is about 85 decibels and normal conversation is 50-60 decibels. A second measurement,L-50 monitoring, requires even lower maximum levels for 50%of an hour. Dietz said the sporadic nature of the noise makes it irritating,but it is not particularly loud. Butcher asked if ANNOTATED AGENDA April 18,2006 Page 12 Midwest Asphalt had done all it could to mitigate noise. Johnson said levels used to be 5-6 decibels higher, but the use of"smart backup" beepers and changes to the crusher and vat have reduced noise. Case questioned whether the City could effectively regulate Section 3A allowing operation from 7 am to 9 pm 45 days per year, and operation only until 8 pm other days. Johnson said the plant sends a written request for the extended days and is in compliance. Case asked about trees on the berm. Johnson said trees were installed in 2000 but some were subsequently cut by utilities. The berm is too unstable for a fence. MOTION: Butcher moved, seconded by Aho,to renew the Land Alteration Permit for Midwest Asphalt for 2006-2008. Motion carried 5- 0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Young, to adjourn the meeting. The meeting adjourned at 9:45 p.m. ITEM NO.: VI. D. Long Version Summary Notes City Council Retreat Saturday,January 21,2006 Board Room 8:00 a.m.to 11:00 a.m. Bearpath Country Club 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, Community Development Director Janet Jeremiah,Police Chief Dan Carlson,Fire Chief George Esbensen and Recorder Lorene McWaters Neal said one of the main questions for discussion is the Council's expectations of the budget process this year. Neal said last year staff began the process in April with the first budget workshop. Another question for this year is how much public input should be in the process. If so,when and how should that be undertaken? Case suggested there is a philosophical decision to be made about whether or not the process should be inductive or deductive. Do you start with a number or do you arrive at the number based on services required? Lambert said either you have to cut back on services or have a levy or budget that is higher than the 3 to 4 percent that Council asked for from staff. He said buying down the levy using unreserved funds was a mistake,because Council will have to make up for that this year. Dietz said his department budgets"on average."If they run over budget on an item during the year, they make it up from somewhere else in the budget. He said staff needs to know which services Council considers important and which ones they consider less critical. Butcher noted that any time a task force is created, it ultimately comes to Council with recommendations that carry with them the expectation of action, and consequently budget,to implement their suggestions. She thinks it is important to let task forces know that what will be done is based in part on budget considerations. She does not think it is a good idea to set a number and say the budget will not go over that. Case said Aho and Young as newer Councilmembers came with new ideas for the budget this year,but because of how the process became politicized, the Council was not able to take advantage of all of those new ideas. Case felt lines were drawn in the sand by Aho and Young and that Lukens, Case,and Butcher moved toward a compromise,but Aho and Young never gave an inch. He said he does not feel the more experienced Councilmembers behaved like that when they came onto Council back a decade or so. Aho said the budget was not running at the rate of inflation and other factors involved. Butcher said she feels the three percent number was a mandate from Aho and Young, and that that was what Mayor Tyra-Lukens and Butcher said they were hearing from people. Council Retreat Summary Notes January 21,2006—Page 2 Young said it is not fair to look back on the process and criticize it. He thinks the biggest problem was that not enough people pay attention to what is going on. He said his issue is with the process. There is not enough time to examine the proposed budget and get information on it before being asked to approve it. Young said the budget task force was his suggestion. He believes there should be a check against internal policies. He said that is how it is done in the private sector. Tyra-Lukens said she does not see how you can get citizens involved in a task force format and not have it be a political process. She would feel better if a consultant came in to do it. Young said how the check is done is a separate discussion. Lambert said there is a line item budget for 2007 now. He asked if Council isn't competent to make decisions on the budget, who is competent to do it? Lambert said Council makes decisions about level of service. Young said this would require much more education on the process. He said the budget is just a number to Council. Case said he has a problem with the micromanaging aspect of the level of service discussion Council would be involved in. Citizens let Council know over time whether or not service levels are adequate. You can tell if the Council has chosen the appropriate levels of service by whether Councilmembers are being re-elected and whether referendums are passing. He said Council does not know how many times the grass should be mowed. Aho said the budget is more than level of service; for instance,how much did the City pay consulting firms last year? Tyra-Lukens said in some instances, using consultants can be cheaper than hiring staff. Lambert said Council approves consultant contracts to do things staff cannot do itself. Aho said there are things that will not affect level of service that Council can look at. Sherry said Councilmembers are the policy makers. Tyra-Lukens said it comes down to a matter of trust in the staff. Lambert said he would be glad to have his staff go down the line item budget and explain any item Council wants to look at. Neal said if the Council wants to go through the budget line item by line item, he is willing to do that. Tyra-Lukens and Butcher said they are not interested in such detailed explanation on the budget except as questions or concerns arise. Young said when you bring in a consultant to look at processes, it is not because of a lack of trust in staff, it is to see how processes can be improved. Lambert said an outside person does not have the background on the decision making process and politics, etc.,that went into deciding to have certain services. Aho said policy does not always drive the budget. Jeremiah pointed out that the"big ticket" items in her budget are all public-process driven, such as service at counters, etc. The comp plan update requires a lot of public process. She said about 80 percent is public process. Staff could complete the update in-house, but it would be a staff- driven document. Aho said he never heard that during the budget process. Aho said he needs to get at the relationship between policy at the Council level and the cost drivers. Dietz said if Aho spends some time with staff, he believes he will be able to get that understanding. Dietz said how a policy is developed involves a narrative, not just a number. Carlson said this is his first budget, and he wants to speak to the process. During the prosecution issue, he saw there was a different level of need for information. He said the prosecution Council Retreat Summary Notes January 21,2006—Page 3 discussion began with Young three years ago. Carlson said he felt negligent during the Council meeting at which the original prosecution issue was decided. He said he felt he had not provided enough information to the people who needed it. He said his question is how does he get the information to the right people and make sure it is not being politicized? He would like to have a way to educate Council on the issues that are important or that they have questions about,but he does not always know which items Council needs to be educated on. Aho said a budget task force would serve two purposes. Citizen involvement would allow Council to gain understanding and become comfortable with the implementation of the policies. Lambert asked why it wouldn't be the Councilmembers that constitutes that group. Aho said a task force would be multi-dimensional and include experts in different areas. Butcher said citizens are never at the level of understanding to be able to assess the budget. She said the Taxpayers Alliance had tiny pieces of information from which they were extrapolating inferences. Butcher said Council gets citizen input all the time. There are processes in place to capture input into the budget. Butcher said she is"totally opposed to a budget task force." Tyra-Lukens said she does not think they necessarily need a budget task force to be able to examine items that might be reduced. Aho said he doesn't necessarily need to have task force to do that but he feels he reasons keeps hearingwhyit can't be done. Neal said he thinks Aho is hearing staff say we can't do anything about productivity, but that is not really the case. Increases in productivity are often reflected in a decrease in the slope of an increase of cost, rather than an absolute decrease in expenses. For example, staff is keeping the headcount steady even though the size of the community is growing. That doesn't show up cleanly in the budget. Dietz suggested looking at the increase in the budget each year, and examining each part of the organization to see if there are different ways of doing things. Jeremiah said it was difficult from a management and staff perspective to have two.of her staff members not know if their positions would survive the budget process. Butcher and Jeremiah both said they feel the position discussions should have been policy-based and should have come earlier in the process. Case said he likes Dietz's idea of looking at impacts on the budget and studying them in-depth for three or four months. He said even if it comes down to a 3-2 vote,you move on to the next issue. Butcher said it should not be done by position, but by policy or function. Dietz said he is far more concerned about a citizen task force than he is about bringing in a consultant to study the budget Young said he believes those with an outside perspective can identify issues for discussion. Butcher said she doesn't understand what Young wants. Young said options for the budget should be discussed, and it should be done at the public level. He said Council needs to ensure service delivery is at its most effective. Tyra-Lukens said that is the City Manager's job. Lambert said staff is challenged to justify their budgets each year. Young reiterated that when a budget is presented,he wants to see options,not just one scenario. Lambert said lowering the budget would necessarily involve presenting options on what services to cut, not providing the same services but doing it only half-way. Young said Council rarely has a policy discussion in the context of what it means to the budget. There should also be the Council Retreat Summary Notes January 21,2006—Page 4 ability to question the budget to see if there is anything that can be done to get the numbers lower. Aho said the level of quality of service is qualitative, and might be able to be provided at a lower cost. is Aho comes from the Butcher said she and Aho have completely different perspectives. She fee o p Y P p perspective of automatically wanting to cut the budget and Butcher feels that things are pretty good and our budget is based on continuing to provide the current level of service. Aho said he supported the use of the BSF into the operating budget in 2006 and he understands the how the use of these reserves will factor into the 2007 budget. Neal posed the question of whether Councilmembers prefer council to be structured like a board of directors in a private corporation or as members of a mini-State Legislature? Case said Council is majority-rule organization,but with consideration of the minority opinion. Neal said it is important for the ship to go forward. Tyra-Lukens said three of the Councilmembers compromised last year by agreeing to use the budget stabilization funds,but that Young and Aho did not compromise. Aho said he feels he and Young were trying to compromise, and that Tyra- Lukens' statement is unfair.Aho said even though the budget came down a little bit,they did not get to the process and the policy;therefore,he did not vote for the budget. Tyra-Lukens said then you vote against the policy and process, and not the budget. Aho said he wants to focus on how to do better with the process this year. Neal said he wants to address Young's desire for more options in the budget. Neal said last year staff gave Neal feedback that they thought they were providing too many options, i.e.,the scenarios he presented halfway through the process.Neal said in the past he has directed staff to submit a budget that provides for the same service level. If staff proposes any new services,they must lay out how much they will cost and justify them. Aho said that would be helpful. Young said he would like to see a budget that shows what it costs to maintain service levels,then staff could offer a palette of what it would take to get to a lower cost. Dietz said in order to do that staff needs to know what Council values. Young said part of the problem is timing. He said Council does not get enough time to examine the budget and determine how policies drive the budget. Butcher suggested that Young spend some time with staff to understand the connection between policy and budget. Young said if he is the only one that needs to do that, any suggestion he has will not be accepted. Case said if the majority of Councilmembers coming out of the meeting today is comfortable with the process followed in the past, it may not be appropriate for two Councilmembers to slow the budget process down to the point that it involves hours of staff time with no eventual positive outcome. Case said he would like to see a list from Lambert of five or six programs that are problematic. Case said if Young is looking to change the three other Councilmembers minds in one meeting after having spent months discussing the budget,then he is under a delusion. Young replied that maybe it was time to go home. Tyra-Lukens said perhaps Council should be looking at policies now. She asked if each Director could identify several policies that drive their budgets. Neal said staff will formulate a list of 10 factors that drive the budget. Dietz said it will have to be in narrative form, since there is history behind many of these policies. Deitz Council Retreat Summary Notes January 21,2006—Page S said staff needs direction on what policies the Councilmembers want to evaluate. He said staff can identify the drivers of the increases from one year to the next fairly easily. Tyra-Lukens said when the budget is coming in at the low end of average and under growth and inflation, it doesn't make sense to change how it has been done in the past. She feels they are going to come in with a budget similar to last year's budget. Case suggested each Councilmember come up with two or three areas they want to explore in further depth. Lambert said staff can explain any items Councilmembers question now,rather than in June.And staff can explain why we are doing certain things if Council has specific questions about services. Staff is here to serve Council,but staff needs to know what they want. He said it really needs to be responses to Council rather than to a group of citizens. Neal said he could put together list of cost drivers, but not necessarily at the Department level. He noted that things like fuel costs factor into the budget in a big way. Neal said Dispatch is a service that staff has done a lot of due diligence on that could be explained very well to Council. He said the Parks Division has methods of evaluating programs and determining which ones to cull or keep. Neal noted the March 8 Workshop will be the earliest the City has started the budget process, and it probably cannot reasonably be started any earlier. Aho said one issue is the third sheet of ice,which is really wanted in the community, and how to pay for it. He asked if Council could look at some programs that are not as effective to drop to get another sheet of ice. ITEM NO.: VI.D. Long Version-Redline Summary Notes City Council Retreat Saturday,January 21,2006 Board Room 8:00 a.m.to 11:00 a.m. Bearpath Country Club 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, Community Development Director Janet Jeremiah, Police Chief Dan Carlson,Fire Chief George Esbensen and Recorder Lorene McWaters Neal said one of the main questions for discussion is the Council's expectations of the budget process this year. Neal said last year staff began the process in April with the first budget workshop. Another question for this year is whether-or not there how much public input should Case be a publie inptA peftion in the process. If so,when and how should that be undertaken? Neal said Case suggested there is a philosophical decision to be made about whether or not the process should be inductive or deductive. Do you start with a number or do you arrive at the number based on services required? Lambert said either you have to cut back on services or have a levy or budget that is higher than the 3 to 4 percent that Council asked for from staff. He said buying down the levy using unreserved funds was a mistake,because Council will have to make up for that this year. Dietz said his department budgets"on average."If they run over budget on an item during the year, they make it up from somewhere else in the budget. He said staff needs to know which services Council considers important and which ones they consider less critical. Butcher noted that any time a task force is created, it ultimately comes to Council with recommendations that carry with them the expectation of action, and consequently budget,to implement their suggestions. She thinks it is important to let task forces know that what will be done is based in part on budget considerations. She does not think it is a good idea to set a number and say the budget will not go over that. Case said Aho and Young afe fiew and as newer Councilmembers came with new ideas for the Case budget this year, but because the pr-e ess was peli4ieiz of how the process became politicized, the Council was 4W not able to take advantage of all of those new ideas. Case felt lines were drawn in the sand by Aho and Young and that Lukens, Case, and Butcher moved toward a compromise, but Aho and Young never gave an inch. He said he does not feel the more experienced Councilmembers behaved like that drat when they came onto Council back a decade or so. Aho said the budget was not running at the rate of inflation and other factors involved. Butcher said she feels the three percent number was a mandate from Aho and Young, and that that was Case what Mayor Tyra-Lukens and Butcher said they were hearing from people. Council Retreat Summary Notes January 21,2006—Page 2 Young said it is not fair to look back on the process and criticize it. He thinks the biggest problem was that not enough people pay attention to what is going on. He said his issue is with the process. There is not enough time to examine the proposed budget and get information on it before being asked to approve it. Young said the budget task force was his suggestion. He believes there should be a check against internal policies. He said that is how it is done in the private sector. Tyra-Lukens said she does not see how you can get citizens involved in a task force format and not have it be a political process. She would feel better if a consultant came in Case to do it. Young said how the check is done is a separate discussion. Lambert said there is a line item budget for 2007 now. He asked if Council isn't competent to make decisions on the budget,who is competent to do it? Lambert said Council makes decisions about level of service. Young said this would require much more education on the process. He said the budget is just a number to Council. Case said he has a problem with the micromanaging aspect of the level of service discussion Council would be involved in. Citizens let Council Case know over time whether or not service levels are adequate. You can tell if the Council has chosen the appropriate levels of service this by being whether Councilmembers are being re- elected and whether passing referendums are passing. He said Council does not know how many times the grass should be mowed. Aho said the budget is more than level of service; for instance, how much did the City pay consulting firms last year? Tyra-Lukens said in some instances,using consultants can be cheaper than hiring staff. Lambert said Council approves consultant contracts to do things staff cannot do itself. Aho said there are things that will not affect level of service that Council can look at. Sherry said Councilmembers are the policy makers. Tyra-Lukens said it comes down to a matter of trust in the staff. Lambert said he would be glad to have his staff go down the line item budget and explain any item Council wants to look at. Neal said if this what Couneils wants to do he i willing to do that.U. Tyr-a Lukens and Bu4eher-said they are not intefested in deing Neal said if the Mayor Council«ants to go through the budget line item by line item,he is willing to do that. Tyra- Lukens and Butcher said they are not interested in such detailed explanation on the budget except as questions or concerns arise. Young said when you bring in a consultant to look at processes, it is not because of a lack of trust in staff, it is to see how processes can be improved. Lambert said an outside person does not have the background on the decision making process and politics, etc.,that went into deciding to have certain services. Aho said policy does not always drive the budget. Jeremiah pointed out that the"big ticket" items in her budget are all public-process driven, such as service at counters, etc. The comp plan update requires a lot of public process. She said about 80 percent is public process. Staff could complete the update in-house, but it would be a staff- driven document. Aho said he never heard that during the budget process. Aho said he needs to get at the relationship between policy at the Council level and the cost drivers. Dietz said if Aho spends some time with staff, he believes he will be able to get that understanding. Dietz said how a policy is developed involves a narrative,not just a number. Council Retreat Summary Notes January 21,2006—Page 3 Carlson said this is his first budget, and he wants to speak to the process. During the prosecution issue, he saw there was a different level of need for information. He said the prosecution discussion began with Young three years ago. Carlson said he felt negligent during the Council meeting at which the original prosecution issue was decided. He said he felt he had not provided enough information to the people who needed it. He said his question is how does he get the information to the right people and make sure it is not being politicized? He would like to have a way to educate Council on the issues that are important or that they have questions about, but he does not always know which items Council needs to be educated on. Aho said a budget task force would serve two purposes. Citizen involvement would allow Council to gain understanding and become comfortable with the implementation of the policies. Lambert asked why it wouldn't be the Councilmembers that constitutes that group. Aho said a task force would be multi-dimensional and include experts in different areas. Butcher said citizens are never at the level of understanding to be able to assess the budget. She said the Taxpayers Alliance had tiny pieces of information from which they were extrapolating inferences. Butcher said Council gets citizen input all the time. There are processes in place to capture input into the budget. Butcher said she is"totally opposed to a budget task force." Tyra-Lukens said she does not think they necessarily need a budget task force to be able to examine items that might be reduced. Aho said he doesn't necessarily need to have task force to do that,but he feels he keeps hearing reasons why it can't be done. Neal said he thinks Aho is hearing staff say we can't do anything about productivity,but that is not really the case. Increases in productivity are often reflected in a decrease in the slope of an increase of cost, rather than an absolute decrease in expenses. For example, staff is keeping the headcount steady even though the size of the community is growing.That doesn't show up cleanly in the budget. Dietz suggested looking at the increase in the budget each year, and examining each part of the organization to see if there are different ways of doing things. Jeremiah said it was difficult from a management and staff perspective to have two of her staff members not know if their positions would survive the budget process. Butcher and Jeremiah both said they feel the position discussions should have been policy-based and should have come earlier in the process. Case said he likes Dietz's idea of looking at impacts on the budget and studying them in-depth for three or four months. He said even if it comes down to a 3-2 vote,you move on to the next issue. Butcher said it should not be done by position, but by policy or function. Dietz said he is far more concerned about a citizen task force than he is about bringing in a consultant to study the budget Young said he believes those with an outside perspective can identify issues for discussion. Butcher said she doesn't understand what Young wants. Young said options for the budget should be discussed, and it should be done at the public level. He said Council needs to ensure service delivery is at its most effective. Tyra-Lukens said that is the City Manager's job. Lambert said staff is challenged to justify their budgets each year. Council Retreat Summary Notes January 21,2006—Page 4 Young reiterated that when a budget is presented,he wants to see options, not just one scenario. Lambert said lowering the budget would necessarily involve presenting options on what services to cut, not providing the same services but doing it only half-way. Young said Council rarely has a policy discussion in the context of what it means to the budget. There should also be the ability to question the budget to see if there is anything that can be done to get the numbers lower. Aho said the level of quality of service is qualitative, and might be able to be provided at a lower cost. Butcher said she and Aho have completely different perspectives. She feels Aho comes from the perspective of automatically wanting to cut the budget and Butcher feels that things are pretty good and our budget is based on continuing to provide the current level of service. Aho said he supported the use of the BSF into the operating budget in 2006 and he understands the how the use of these reserves will factor into the 2007 budget. Neal posed the question of whether Councilmembers prefer council to be structured like a board of directors in a private corporation or as members of a mini-State Legislature? Case said Council is majority-rule organization, but with consideration of the minority opinion. Neal said it is important for the ship to go forward. Tyra-Lukens said three of the Councilmembers compromised last year by agreeing to use the uafesefved budget stabilization funds, but that Mayor Young and Aho did not compromise. Aho said he feels he and Young were trying to compromise, and that Tyra-Lukens' statement is unfair. Aho said even though the budget came down a little bit,they did not get to the process and the policy;therefore,he did not vote for the budget. Tyra-Lukens said then you vote against the policy and process, and not the budget. Aho said he wants to focus on how to do better with the process this year. Neal said he wants to address Young's desire for more options in the budget. Neal said last year staff gave Neal feedback that they thought they were providing too many options, i.e.,the scenarios he presented halfway through the process.Neal said in the past he has directed staff to submit a budget that provides for the same service level. If staff proposes any new services,they must lay out how much they will cost and justify them. Aho said that would be helpful. Young said he would like to see a budget that shows what it costs to maintain service levels,then staff could offer a palette of what it would take to get to a lower cost. Dietz said in order to do that staff needs to know what Council values. Young said part of the problem is timing. He said Council does not get enough time to examine the budget and determine how policies drive the budget. Butcher suggested that Young spend some time with staff to understand the connection between policy and budget.Young said if he is the only one that needs to do that, any suggestion he has will not be accepted. Case said if the majority of Councilmembers coming out of the meeting today is comfortable with the process followed in the past, it may not be appropriate for two Councilmembers to slow the budget process down to the point that it involves hours of staff time with no eventual positive outcome. take up a lot of tifne questioning the bu Case said he would like to see a list from Case Lambert of five or six programs that are problematic. Case said if Young is looking to change the three other Councilmembers minds in one meeting after having spent months discussing the budget,then he is under a delusion. Young replied that maybe it was time to go home. Tyra- Council Retreat Summary Notes January 21, 2006—Page 5 Lukens said perhaps Council should be looking at policies now. She asked if each Director could identify several policies that drive their budgets. Neal said staff will formulate a list of 10 factors that drive the budget. Dietz said it will have to be in narrative form, since there is history behind many of these policies. Deitz said staff needs direction on what policies the Councilmembers want to evaluate. He said staff can identify the drivers of the increases from one year to the next fairly easily. Tyra-Lukens said when the budget is coming in at the low end of average and under growth and inflation, it doesn't make sense to change how it has been done in the past. She feels they are going to come in with a budget similar to last year's budget. Case suggested each Councilmember come up with two or three areas they want to explore in further depth. Lambert said staff can explain any items Councilmembers question now,rather than in June.And staff can explain why we are doing certain things if Council has specific questions about services. Staff is here to serve Council,but staff needs to know what they want. He said it really needs to be responses to Council rather than to a group of citizens. Neal said he could put together list of cost drivers,but not necessarily at the Department level. He noted that things like fuel costs factor into the budget in a big way. Neal said Dispatch is a service that staff has done a lot of due diligence on that could be explained very well to Council. He said the Parks Division has methods of evaluating programs and determining which ones to cull or keep. Neal noted the March 8 Workshop will be the earliest the City has started the budget process, and it probably cannot reasonably be started any earlier. Aho said one issue is the third sheet of ice, which is really wanted in the community, and how to pay for it. He asked if Council could look at some programs that are not as effective to drop to get another sheet of ice. ITEM NO.: V1.D. Short Version SUMMARY NOTES CITY COUNCIL RETREAT Saturday,January 21,2006 Board Room 8:00 a.m.to 11:00 a.m. Bearpath Country Club 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, Community Development Director Janet Jeremiah, Police Chief Dan Carlson,Fire Chief George Esbensen and Recorder Lorene McWaters Council and staff informal discussion included the following budget topics: • budget process and timing • budget considerations and impacts • philosophy • policies • public input • taskforce vs. consultant • service levels • budget process becoming politicized and micromanaged • cost drivers • use of budget stabilization funds • improvements to the process • options in the budget • connection between policy and budget • education on the budget and for staff as to Council values Staff was asked to follow up on these items: • Case asked Lambert for a list of five or six programs that are problematic. • Tyra-Lukens asked if each Director could identify several policies that drive their budgets. Neal said staff will formulate a list of 10 factors that drive the budget. • Aho asked if Council could look at some programs that are not as effective to drop to get another sheet of ice. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 2,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.A. Christy Weigel, Police/ Clerk's License Application List Community Investigations Unit These licenses have been approved by the department heads responsible for the licensed activity. Raffle Organization: Bloomington Convention& Visitors Bureau Foundation Place: Olympic Hills Country Club Date: July 18, 2006 2006 Renewal Licenses Solid Waste Collector Tubs, Inc - 1 - CITY COUNCIL AGENDA DATE: May 2, 2006 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.B. Community Eden Place Apartments Clubhouse Development/Planning Janet Jeremiah Regina Herron Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Amendment within the RM-2.5 Zoning District on 32.7 acres;and • Adopt the Resolution for Site Plan Review on 32.7 acres; and • Approve the Development Agreement for Eden Place Apartments Clubhouse; and • Approve and Authorize Issuance of a Grading Permit for Eden Place Apartments Clubhouse, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated February 2, 2006, as approved by the City Council. Synopsis This is final approval for four new apartment units and a new freestanding clubhouse. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement dated April 18, 2006 EDEN PLACE APARTMENTS CLUBHOUSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.12-2006-PUD-9-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. That the land which is the subject of this Ordinance(hereinafter,the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the RM-2.5 Zoning District 12-2006-PUD-9-2006 (hereinafter "PUD-9-2006-RM-2.5). Section 3. The City Council hereby makes the following findings: A. PUD-9-2006-RM-2.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-9-2006-RM-2.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-9-2006-RM-2.5 are justified by the design of the development described.therein. D. PUD-9-2006-RM-2.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of May 2, 2006, entered into between Eden Prairie RPF III Limited Partnership, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-9-2006-RM-2.5,and are hereby made a part hereof. Section 4. The proposal is hereby adopted and the land shall be, and hereby is amended within the RM-2.5 District and shall be included hereafter in the Planned Unit Development 9-2006-RM-2.5, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 8d' day of March, 2006, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 2nd day of May, 2006. ATTEST: Kathleen A.Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A Legal Description — Lot 1, Block 1: Lot 1, Block 2; Lot 1, Block 3; and Outlot A, Eden Place Apartments according to the recorded plat thereof,Hennepin County,Minnesota EDEN PLACE APARTMENTS CLUBHOUSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 12-2006-PUD-9-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 8680 Magnolia Trail within the RM-2.5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) EDEN PLACE APARTMENTS CLUBHOUSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR EDEN PLACE APARTMENTS CLUBHOUSE BY RREEF AND EDEN PRAIRIE RPF III LHMITED PARTNERSHIP WHEREAS, RREEF and Eden Prairie RPF III Limited Partnership, has applied for Site Plan approval of Eden Place Apartments Clubhouse to construct a 4,500 square foot free standing clubhouse and the convert the existing common function space within the apartment complex into four new apartment units, by an Ordinance approved by the City Council on March 8, 2006; and WHEREAS,the Planning Commission reviewed said application at a public hearing at its February 13, 2006 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its March 8, 2006 meeting. NOW,THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to Eden Place Apartments Clubhouse based on the Development Agreement between Eden Prairie RPF III Limited Partnership and the City of Eden Prairie, reviewed and approved by the City Council on May 2, 2006. ADOPTED by the City Council of the City of Eden Prairie this 2nd day of May, 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk DEVELOPMENT T AGREEMENT REEMENT V Project Name: Eden Place Apartments Clubhouse Addition THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of April 18, 2006, by Eden Prairie RPF III Limited Partnership, a Delaware Limited Partnership, hereinafter referred to as 'Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS,Planned Unit Development Concept Amendment on 32.7 acres,Planned Unit Development District Amendment on 32.7 acres,Zoning District Amendment within the RM-2.5 Zoning District on 32.7 acres, Site Plan Review on 32.7 acres,legally described on Exhibit A(the "Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Amendment,Ordinance No. for Planned Unit Development District Amendment and Zoning District Amendment within the RM-2.5 on 32.7 acres, Resolution No. for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated February 2,2006,reviewed and approved by the City Council on March 8, 2006, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs(including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland,wetland buffer strips, wetland buffer monument locations,water quality ponds,storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond,Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. B. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures and best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 7. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. p rty. 8. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 44 caliper inches. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating,and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property,in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction ofthe mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 11. PROOF OF PARKING SPACES: Developer and City acknowledge that the 17 proof of parking spaces proposed for the Property,depicted in the Plans,and that said spaces are not required to be constructed at this time. At such time as the City Manager,in his or her sole discretion,determines that it is necessary for all or a portion of the proof of parking spaces to be constructed in order to accommodate the use, the City Manager shall notify the Developer in writing of the need to construct additional proof of parking spaces. This notification shall include the number,location and timetable for construction of the additional proof-of-parking spaces. Developer shall comply with all requirements contained in the City Manager's notification. 12. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 13. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Prior to release of any portion of the final plat,Developer shall convey access easements for such sidewalks and trails in such locations as determined by the Director of Parks and Recreation Services. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located on both sides of the access drive to Garden Road as depicted in the Plans. 14. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code,Section 11.70,Subdivision 5a. 15. SITE LIGHTING: Prior to building permit issuance,Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 16. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. 17. TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of the outside trash enclosure for the Property. This trash enclosure shall be constructed with face brick to match the building, include a roof, and heavy duty steel gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash enclosure plan prior to issuance of any occupancy permit for the Property. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE By By Its Nancy Tyra-Lukens Its Mayor By By_ Its Scott H.Neal Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2006, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF ILLINOIS ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,2006,by the , of Eden Prairie RPF III Limited Partnership, a Delaware Limited Partnership, on behalf of the Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT B Eden Place Apartment Clubhouse Addition Plans Exhibit B Sheet Al.1 Site Plan dated 02/03/06 by Cluts O'Brien Strother Architects Sheet A1.2 Reference Plan dated 02/03/06 by Cluts O'Brien Strother Architects Sheet A1.3 Site Lighting Plan dated 02/03/06 by Cluts O'Brien Strother Architects Sheet A1.4 Parking Summary dated 02/03/06 by Cluts O'Brien Strother Architects Sheet A2.1 Floor Plan dated 02/03/06 by Cluts O'Brien Strother Architects Sheet AM Elevations dated 02/03/06 by Cluts O'Brien Strother Architects Sheet A8.1 Unit Floor Plan dated 02/03/06 by Cluts O'Brien Strother Architects Sheet A8.2 Unit Floor Plan dated 02/03/06 by Cluts O'Brien Strother Architects Sheet A8.3 Unit Floor Plan dated 02/03/06 by Cluts O'Brien Strother Architects Sheet A8.4 Unit Floor Plan dated 02/03/06 by Cluts O'Brien Strother Architects Sheet A8.5 Unit Floor Plan dated 02/03/06 by Cluts O'Brien Strother Architects Sheet C1 Existing Conditions Survey dated 02/03/06 by Cluts O'Brien Strother Architects/Hansen Thorp Pellinen Olson Inc. Sheet C2 Grading and Drainage Plan dated 02/03/06 by Cluts O'Brien Strother Architects/Hansen Thorp Pellinen Olson Inc. Sheet C3 Utility Plan dated 02/03/06 by Cluts O'Brien Strother Architects/Hansen Thorp Pellinen Olson Inc. Sheet L1 Landscape dated 02/03/06 by Cluts O'Brien Strother Architects/Hansen Thorp Pellinen Olson Inc. Sheet L2 Landscape Detail dated 02/03/06 by Cluts O'Brien Strother Architects/Hansen Thorp Pellinen Olson Inc. EXHIBIT C DEVELOPMENT AGREEMENT—Eden Place Apartments Clubhouse Addition I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of development plan(1"=100'scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions ofthis Agreement shall be binding upon and enforceable against the Property and the Owners,their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. §9601,et.seq.,or Minn. Stat.,Sec. 115B.01,et. seq. (such substances,wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used,employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance(80-33)of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis,Minnesota 55411. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(I" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be levied upon or collected from the general credit,general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 1/z by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure.The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof,or otherwise give rise to any cause of action for any person not a party hereto. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 2, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.C. Police Department Resolution Declaring "Abandoned Property" Lieutenant James Morrow Requested Action Move to: Adopt resolution declaring property as "abandoned property." Synopsis The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment, and miscellaneous items that remain unclaimed. City Code 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a resolution by City Council to declare unclaimed property that has been in the possession of the City for over 90 days as "abandoned property." Background Information In the course of municipal operations,the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days. In accordance with City Code Section 2.86 Subdivision 2 C.,the Police Department would like to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C,the Police Department would like to convert certain items for City use. Attachments Resolution Exhibits A&B CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006- DECLARATION OF ABANDONED PROPERTY WHEREAS,City Code 2.86 Subd. 2 requires adoption of a resolution by City Council to declare unclaimed property such as bicycles, stereo/electronic equipment, and miscellaneous items as "abandoned property;" and WHEREAS,the property has lawfully come into the possession of the City in the course of municipal operations; and WHEREAS,the property remains unclaimed by the owners; and WHEREAS,the property has been in the possession of the City for over 90 days. NOW THEREFORE, BE IT RESOLVED that the City of Eden Prairie declares the unclaimed property as "abandoned property." ADOPTED by the Eden Prairie City Council on May 2, 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk Exhibit A Abandoned Property for Auction Category Case Number Description Bicycle(B) 2005034696 Mongoose MCX-DXR Boys Bike, Blue w/Yellow Writing Bicycle(B) 2005034941 Giant Boulder Mtn Bike, Grey w/Pink Bicycle(B) 2005035089 Huffy Ironman, Blue, 21-Speed, Mens Titanium Boron Steel Mtn Bike Bicycle(B) 2005035763 Magna Misty, Pink Girls Bike w/Purple Seat Bicycle(B) 2005035865 Mens Bike, Black, 15-Speed, 20" Bicycle(B) 2005035865 Columbia ATB Mens Bike, Red/Blk, 15-Speed,20" Bicycle(B) 2005035865 X-Games Grinder, Red, Kids,Trick Bike Bicycle(B) 2005036315 Roadmaster, Blue, Female, 15-speed Mtn Bike Bicycle(B) 2005037067 Schwinn Caliente, Pink,Womens Bike Bicycle(B) 2005037104 Purple Kids Bike, Model#8534-90 Bicycle(B) 2005038099 Next All Terrain Mtn Bike, Black&Red, 21 Speed w/Schwinn Lock Bicycle(B) 2005039769 Raleigh Grand Mesa Mtn Tour Bike, Brown,Adult, No Serial# Bicycle(B) 2005039784 Excitor Bicycle, Red, 21 Speed, 2X Suspension Bicycle Bicycle(B) 2005040395 Next Power Climber, Blue, 18-Speed, "Lance 6 Trek", No Seat Bicycle(B) 2005040558 Magna ElectroSock, Blue, 18-Speed, Rack on Back,Yel/Front Shocks, H2O Holder Bicycle(B) 2005040811 Magna Sport Rip Claw BMX Bike, Blk/Red/Whi, 20" Boys Bicycle(B) 2005040954 Magna Great Divide, Blue w/Whi Lettering, MTN Bike, 18 Speed Bicycle(B) 2005041408 Schwinn Ranger 2.6 Mens Bike, High Seat, Dk Green Bicycle(B) 2005041991 Schwinn Girls Mtn Bike, Grey(used to be purple) Bicycle(B) 2005042318 Huffy Enduro Mtn Bike, Black, High Seat Bicycle(B) 2005042334 Diamond Back Boys Bicycle, Black(not BMX type), Red/White Lettering Bicycle(B) 2005043318 Pacific DV-8 21-speed Boys Mtn Bike, Blue Bicycle(B) 2005044618 Trek TR30 Boys Trick BMS Bike, Black/Green Bicycle(B) 2005046498 GT Palomar Mens Mtn Bike, Charcoal Grey Bicycle(B) 2005046498 Marin Mtn Bike, Gray Bicycle(B) 2005046498 Marin'Bobcat Trail", Mens Mtn Bike, Silver w/Blk/Whi Lettering Bicycle(B) 2005047368 Specialized Hardrock Mtn Bike, Green w/Yellow Lettering Bicycle(B) 2005048014 Schwinn Collegiate Sport 10 Bicycle, Blue/Silver w/yellow bike lock Bicycle(B) 2005049877 Trek Mountain Track 800, Mens, Blue or Black w/Silver Bicycle(B) 2005049950 Kabuki Tourist 3, Blue in Color Bicycle(B) 2005049950 Murray UltraTerrain Sport, Silver, Female #of Items 31 Camera(C) 2005054482 Olympus Stylus 600 Digital Camera 6.0 Megapixel-Silver Camera(C) 2006000397 Digital Camera, HP Photosmart,w/black carrying case #of Items 2 Clothing (D) 2002000863 #1A-Shirt"Perry Ellis" Shirt(D) 2002000863 #1 B-Shirt-Ralph Lauren Clothing (D) 2002000863 #1 C-Shorts-"ONeill" Clothing (D) 2002000863 #1 D-Shorts,"America" Belt 2002000863 #1 F- Black Belt,"Giannie Versace" Clothing (D) 2002000863 #1 E-Shorts, "Nike" Report Date: 4/14/2006 1 Exhibit A Abandoned Property for Auction Category Case Number Description Shoes (D) 2003044752 Pg 2#2&3-(2) Pair of Nike Football Shoes&(1) Nike Air Zoom Clothing (D) 2005045457 Jean Vest, Sweater&White Blouse, Girls Size Medium Clothing (D) 2005045848 (3) Bags/Duffle Bag w/Shoes& Misc Clothing Items #of Items 9 Bracelet (J) 2005049651 Misc Jewelry #of Items 7 Computer, Other(0) 2005037917 Black Laptop Case #of Items 1 Purse(P) 2002000863 #1 G-Black Coach Purse&Box Sunglasses(P) 2005035041 (2)Pair of Sunglasses-Obispo #of Items 2 MP3 Player(R) 2003036311 I-Pod= MP-3 Player, White w/Power Adapter&Headphones Speaker(s) (R) 2003044752 Pg 2#1 -Jensen Speakers in Box Car Stereo (R) 2003044752 Pg 2#6-AM/FM/CD Car Stereo CD Changer (R) 2003044752 Pg 2#7-DVD/Video CD/CD Changer Radio(R) 2005035041 XM Radio Walkie Talkie(R) 2005046476 (1) Bear Com Walkie Talkie Walkie Talkie(R) 2005046476 (1)Kenwood Walkie Talkie CD Player(R) 2006003638 Philips CD Player& Headset #of Items 8 Pool Cue 2003044752 Pg 2#4- Pool Cue in Black Case Golf Bag/Equipment (S) 2005031338 Pg 4-#2,4,5,6,9,16-Golf Clubs-See Notes Baseball Bat (S) 2005036358 Baseball Equipment in Red Duffel Bag Scooter (S) 2005038355 Hulk Scooter, Green/White/Black #of Items 4 Carrier 2005049000 Sears X-Cargo Car Carrier-Grey/White Top #of Items 1 Jack 2003044752 Pg 2#5-MVP Superlift Jack in Black Case Mower-Push/Self-Prop 2005034566 Snapper DP21500 Lawn Mower (X) #of Items 2 Charger(Y) 2005035041 Samsung Phone Charger PBT 2005035041 PBT-Alcohawk Sign (Y) 2005037940 (2)Signs-"Family First"Parking-Black(Rod Iron Stands w/Round Sign) Dishes(Y) 2005051614 (3)Boxes of White China Dishes, plates, cups Sword 2006000227 Sword w/Blk Rope Handle w/White Sheath& Box #of Items 5 Report Date: 4/14/2006 2 Exhibit B 6P Abandoned Property for Conversion for City Use Category Case Number Description Conversion Purpose Camera(C) 2004002760 #6-Cannon Camera&Bag SWHDTF #of Items 1 Duffle Bag (S) 2002000863 Large Black Duffle Bag SWHDTF #of Items 1 Currency-Cash/Coin (T) 2005042277 $20 Bill City of Eden Prairie #of Items 1 Binoculars(V) 2004002108 Binoculars SWHDTF #of Items 1 Screwdriver(X) 2003044752 Pg 1 #1 = Screwdriver-Yellow City of Eden Prairie Graybar Scale-Electronic(X) 2004000912 Pg1A- 1A-Scale SWHDTF Scale-Electronic(X) 2004001746 Pg 1 C-#2-(2) Electronic Scales SWHDTF Scale-Electronic(X) 2004002108 Pg 4B-#10A-Tanita Scale SWHDTF Scale-Electronic(X) 2004002760 #4-Scale SWHDTF Screwdriver(X) 2005019207 #4-Screwdriver City of Eden Prairie Tools-Other (X) 2005029470 #10-(1) Box of Misc Tools City of Eden Prairie Tools-Other (X) 2005033658 Crowbar City of Eden Prairie Flashlight (X) 2005044787 From Crime Lab-Maglite City of Eden Prairie #of Items 9 Drugs(Y) 2002001445 Items 4&5- 167 Tablets of Ecstasy Minnetonka Canine Training Drugs(Y) 2002001445 Items 1-3= 85 Ecstasy Tabs EPPD Canine Training Drugs(Y) 2002001926 14.62g& 136.96g of Eden Prairie&Minnetonka Canine Methamphetamine(Pg 1 B) Training Drugs(Y) 2004001523 (4)&(76) Ecstasy Tablets Eden Prairie&Minnetonka Canine Training Drugs(Y) 2004001746 Pg 1 D-#3D1 - 10 packets of Powder Eden Prairie Canine Training Cocaine Drugs(Y) 2004001746 Pg 1 D-#4A1 - 15 Packets of Crack Minnetonka Canine Training Cocaine Drugs(Y) 2004002108 Pg 1 - 10B-#2E-4.5g Hash Rocks EPPD Canine Training Drug Paraphernalia (Y) 2004002498 #1 B-Electronic Scale SWHDTF Drugs(Y) 2004003076 Pg 1 -2131 = 16.7g Meth Minnetonka Police Department Drugs(Y) 2004003376 2.2g Crystal Meth&Baggie(s) EPPD Canine Training Report Date: 4/14/2006 1 Exhibit B Abandoned Property for Conversion for City Use Category Case Number Description Conversion Purpose Drugs(Y) 2005000173 Pg 1 A-#1 -(7) Ecstasy Pills EPPD Canine Training Drugs(Y) 2005000173 Pg 1A-#2-(7) Ecstasy Pills Minnetonka Canine Training Drug Paraphernalia(Y) 2005045607 Scale SWHDTF #of Items 13 26 Report Date: 4/14/2006 2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 2, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VILD. Robert A. Lambert, Director Resolution Authorizing Limited Use Permit for Parks and Recreation Non-Motorized Recreational Trail Requested Action: Move to: Adopt the resolution authorizing limited use permit for non-motorized recreational trail. Synopsis As a part of the Staring Lake Outlet Project,the City has petitioned the Riley Purgatory Bluff Creek Watershed District to construct a trail connecting the trail around Staring Lake easterly along the north side of Purgatory Creek,then under Highway 212 to the sidewalk on the north end and west side of Sunnybrook Road. This trail connection will allow residents living east of 212 with a direct trail access to the trail around Staring Lake. Background The Staring Lake Outlet Project is the final phase project of the clean waters project for Purgatory Creek that was initiated with the Purgatory Creek Recreation Area. The outlet improvement at Staring Lake will increase the amount of water that can leave Staring Lake and control the amount of`bounce' of that lake. In order to construct a trail under Highway 212,the Minnesota Department of Transportation requires a resolution from the City authorizing a limited use permit for non-motorized recreational trail within their right-of-way. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006- RESOLUTION AUTHORIZING LIMITED-USE PERMIT FOR NON-MOTORIZED RECREATIONAL TRAIL WHEREAS, the City Council of the City of Eden Prairie is the official governing body of the City of Eden Prairie; and WHEREAS, the City of Eden Prairie has petitioned the Riley Purgatory Bluff Creek Watershed District to construct a non-motorized recreational trail on the north side of Purgatory Creek as part of the Staring Lake Outlet Improvement Project; and WHEREAS, this non-motorized recreational trail will cross under trunk highway 212 prior to connecting to Sunnybrook Road; and WHEREAS, the State of Minnesota Department of Transportation requires a limited-use permit for all non-motorized recreational trails constructed within their right-of-way. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Eden Prairie do authorize the approval of a limited-use permit for the construction, maintenance and operation of a non-motorized recreational trail within the right-of-way of trunk highway 212. ADOPTED by the Eden Prairie City Council on May 2, 2006. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 2, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VILE. Rick Wahlen Approve Purchase of a Remote Meter Public Works/Utilities Reading System from Hydro Metering Technology Requested Action: Move to: Approve the Purchase of the Itron Mobile Collection System version 2.5 from Hydro Metering Technology of Burnsville,MN in the amount of$39,000. Synopsis: Three proposals were received for remote"radio-read"mobile collection meter reading systems which would allow the City of Eden Prairie to obtain water meter billing data from all customers without the assistance of a contractor. The proposals received were: Minnesota Pipe and Equipment—Amco Mobile Collection System 2.0 $35,307.15 Brent Anderson Consulting—Itron Mobile Collection System $38,475.00 Hydro Metering Technology—Itron Mobile Collection System 2.5 $39,000.00 Background Information: Currently,the City of Eden Prairie relies on RMR Services to read its remote terminal water meters throughout the community at a cost of 35 cents per meter, or approximately$1,800 per month. The staff in the utility division recommends we perform this function internally following the purchase of the necessary GPS based digital reading system. Doing the work internally will save costs and provide better service for the public. The cost of the system will be recovered within two years by eliminating the monthly charges from RMR Services. Hydro Metering Technology is currently providing specialized service and support for the city's billing software conversion,has the most competent and pro-active technical support staff, and has the most experience at providing full service for water meter systems. Hydro's higher cost is more than offset by their ability to service our account at no additional cost and without the use of the national 1-800 hotline technical support. Staff recommends approval of the purchase of the mobile collection system from Hydro Metering Technology. Attachments: • Proposal Comparison Memo MEMO TO: Gene Dietz, Director of Public Works FROM: Rick Wahlen, Utility Superintendent DATE: March 31, 2006 SUBJECT: Purchase of mobile meter reading system. Attached are the proposals received for equipment and implementation of a mobile water meter reading system. This system will enable city staff to assume the task of reading water meters. Minnesota Pipe faxed in a proposal. Our staff met with and viewed presentations by Brent Anderson Consulting and Hydro Metering Tech. Based on the presentations and written proposals, our staff recommends accepting the$39,000.00 bid by Hydro Metering Technology, of Burnsville. This company has the personnel, experience, and equipment to facilitate a smooth transition to this new process. Proposer Product Training Service Additional Factors Price Minnesota Pipe and Equipment Amco Mobile Collection 5145—211 m St.W. System 2.0. None Specified None specified This is a new product and new to this 35807.15 Farmington,MN 55024 Designed to be compatible with MVRS company. meter reading software Brent Anderson is familiar with city Brent Anderson Consulting Itron Mobile Collection System Full training of staff,plus None specified. processes and reading systems 5057 Edgewater Court MVRS software Is a product of this three months of reading Would be per Itron 38,475.00 Savage, MN 55379 company routes to set up efficiently. service agreement Company is one individual and has limited experience with this product Limited local Hydro Metering Technology Itron Mobile Collection System 2.5 Unlimited training and service. Backup This is a larger company and has 12205 Nicollet Ave.S MVRS software Is a product of this assistance with route /loaner available experience supporting this product in 39,000.00 Burnsville 55337 company optimization Additional per Itron several larger municipalities service agreement CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 2, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.F. Rick Wahlen Approve Professional Services Public Works/Utilities Agreement for Design Modifications to the Water Treatment Plant Lime Residual Disposal System Requested Action: Move to: Approve a professional services agreement with Advanced Engineering and Environmental Services (AE2S) in the amount of$48,120 for the engineering design modifications in the Water Treatment Plant lime residual removal system. Synopsis: The last phase expansion of the Water Treatment Plant was put into service over 8 years ago. As we begin to approach the design capacity of the facility, staff has identified that the lime residual disposal system—filter press system--creates limitations that restrict the plant capacity. Some of the components, such as air compressors, are nearing their useful life,while other components appear to be undersized. AE2S has particular expertise in these systems and has proposed design solutions to modify and upgrade the filter press system. Background Information: The water treatment plant lime residual (sludge)removal system has been the limiting factor in the water plant production capacity and results in a failure to maintain satisfactory progress in removing the sludge during periods of high water consumption. During the months of July and August,the sludge removal system simply cannot keep up with the volume of sludge produced, limiting the production of water to 78%of the plant's designed capacity. Various changes were made to the system as it was originally designed using the expertise of the original design engineers, Black and Veatch. These modifications failed to ultimately resolve the problems. The Utilities Manager consulted an expert in this particular discipline for an evaluation of the problem, resulting in the attached proposal that will redesign certain elements of the filter press system. The improvements to this system will be phased in to accommodate the budget and to allow the least disruption to water production. Funding for this project will come from the Utility Enterprise Fund, and could ultimately result in construction costs of$350,000. Staff recommends approval of the engineering agreement with AE2S- Attachments: • Engineering Agreement with AE2S • Proposal for Filter Press System Improvements AGREEMENT THIS AGREEMENT is made and executed the day of , 2006, by and between the City of Eden Prairie , hereinafter referred to as the "Owner", and Advanced Engineering and Environmental Services,hereinafter referred to as the"Consultant", WITNESSETH; Owner and Consultant, for the consideration hereinafter stated,agree as follows: 1. Consultant's Duties: The Consultant shall provide the services specified in the Consultant's Proposal (hereinafter the Proposal) dated February, 2006 and shall do everything required by this Agreement and the Proposal. Consultant shall fully and satisfactorily comply with the conditions of the Proposal and complete the work contemplated by this Agreement in accordance with the Proposal. 2. Price: Owner agrees to pay the Consultant a fee not to exceed the sum of $66,950.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement. 3. Payment: Payments to the Consultant by the Owner shall be made as provided in the Proposal. 4. Contract Documents: The Proposal consists of the Proposal dated February, 2006. The Proposal is hereby incorporated with this Agreement and is as much a part of this Agreement as if fully set forth herein. This Agreement, General Conditions and the Proposal are the Contract. 5. Completion: The Consultant shall complete all services within one (1) year of the NOTICE TO PROCEED in accordance with the terms and conditions set-forth in the - - Proposal. 6. Conflicts: No salaried officer or employee of the Owner and no officer of the Owner shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Applicable federal and state regulations and statutes shall 7. Claims: To receive any payment on this Contract,the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 8. Data Practices Act: The Consultant shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. § 1301, et seq., to the extent that the Act is applicable to data and documents in the hands of the Consultant. 9. Audits: The books, records, documents, and accounting procedures and practices of the Consultant or other parties relevant to this agreement are subject to examination by the Owner and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. 10. Income Tax Withholding: No final payment shall be made to the Consultant until the Consultant has provided satisfactory evidence to the Owner that the Consultant and each P n' of its subcontracts has complied with the provisions of Minn. Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 11. Worker's Compensation: Consultant represents and warrants that it has and will maintain during the performance of this agreement worker's compensation insurance coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation insurance coverage provided to the Owner prior to execution of this agreement is current and in force and effect. 12. Discrimination: In performance of this contract, the Consultant shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Consultant, any subConsultant of the Consultant, or any applicant for employment. The Consultant shall include a similar provision in all contracts with subcontractors to this contract. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. § 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Consultant's Prompt Payment of Subcontractors: The Consultant shall pay to any subcontractor within ten(10) days of the Consultant's receipt of payment from the Owner for undisputed services provided by the subcontractor. The Consultant shall pay interest of one and - --- a half percent (1 %2%) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Consultant shall pay the actual amount due to the subcontractor. — --- 1`1-----Prevailing_W-_age._Nat_applicable.-- --- --- - 15. Counterparts: This Agreement may be executed in multiple counterparts each of which shall be considered an original. 16. Whole Agreement: This Agreement and the Contract Documents constitute the final and complete agreement of the parties and shall supersede and replace any prior oral or written agreements between Owner and Consultant. Any subsequent modification must be in writing signed by both parties. 17. Governins Law: This Agreement shall be governed and construed under the laws of the State of Minnesota and the parties agree that any actions arising out of or related to this agreement shall be venued in the State of Minnesota,Hennepin County District Court. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date set forth above. CITY OF EDEN PRAIItIE By Nancy Tyra-Lukens,Its Mayor By Scott Neal,Its City Manager CONSULTANT By Charles S. Vein,Its President ep\general\Consulting Contact PROPOSAL FOR FILTER PRESS SYSTEM IMPROVMENTS FOR CONSULTING AND DESIGN PROFESSIONAL SERVICES This is a proposal of February 13,2006("Effective Date")to City of Eden Prairie, 14100 Technology Drive,Eden Prairie,MN 55344("OWNER')by Advanced Engineering and Environmental Services.Inc., 6901 East Fish Lake Road, Suite 184, Maple Grove, MN 55369 ("ENGINEER'). OWNER retains ENGINEER to perform professional services,in connection with Filter Press Pumping System Improvements("Project"). OWNER and ENGINEER,in consideration of their mutual covenants as set forth herein,agree as follows: ARTICLE 1—ENGINEER'S SERVICES 3.02 If ENGINEER's services are delayed or suspended in whole or in part by OWNER, ENGINEER shall be entitled to equitable adjustment of the time for performance 1.01 Scope and rates and amounts of compensation provided for elsewhere in this Agreement to reflect reasonable costs A. ENGINEER shall provide the services set forth incurred by ENGINEER in connection with, among other in Exhibit SR-A. things, such delay or suspension and reactivation and the fact that the time for performance under this Agreement has B. Upon this Agreement becoming effective, been revised. ENGINEER is authorized to provide services as set forth in Exhibit SR-A- ARTICLE 4—PAYMENTS TO ENGINEER C. If authorized in writing by OWNER,and agreed to by ENGINEER, services beyond the scope of this 4.01 Methods of Payment for Services of ENGINEER Agreement will be performed by ENGINEER for additional compensation. A. OWNER shall pay ENGINEER for services rendered under this Agreement as follows: ARTICLE 2—OWNER'S RESPONSIBILITIES 1. Preliminary Design and Process 2.01 General Consulting—A Lump Sum amount of $6.000 --_----_.----A._OWNER shall have the responsibilities set forth----------_----------_------------____-----.___------____-- .-- ----_ ----___-.. herein and in Exhibit SR-A. 2. Final Design and Process Consulting— Phase 1—A Lump Sum amount of ARTICLE 3—TIMES FOR RENDERING $12.850 SERVICES 3. Final Design and Process Consulting— Phase 2 — A Lump Sum amount of 3.01 ENGINEER's services will be performed within $48,100 the time period or by the date stated in Exhibit SR-A. 1 B. Appropriate amounts are incorporated in the accordance with the contract between Owner and such Lump Sum to account for labor, overhead, profit, contractor. Reimbursable Expenses, and Engineer's Consultants' charges,if any. C. Engineer shall not be responsible for the acts or omissions of any contractor,contractor's subcontractor,or C. The portion of the Lump Sum amount billed for supplier, or of any contractor's agents or employees or Engineer's services will be based upon Engineer's any other persons (except Engineer's own employees) at estimate of the proportion of the total services actually the Project site or otherwise finnishing or performing any completed during the billing period to the Lump Sum. of construction work; or for any decision made on interpretations or clarifications of the construction 4.02 Other Provisions Concerning Payment contract given by Owner without consultation and advice of Engineer. A. Adjustments D. The general conditions for any construction 1. ENGINEER's compensation is contract documents prepared hereunder are to be the conditioned on time to complete the "Standard General Conditions of the Construction Assignment not exceeding the time identified in Contract" as prepared by the Engineers Joint Contract Exhibit SR A if used, or as is otherwise Documents Committee. reasonably required for such services. Should the time to complete the Assignment be extended due to reasons not the fault of and ARTICLE 6—DESIGNATED REPRESENTATIVES beyond the control of ENGINEER, the total compensation to ENGINEER shall be appropriately adjusted 6.01 Contemporaneous with the execution of this Agreement,ENGINEER and OWNER shall each designate 2. The Standard Hourly Rate & specific individuals as ENGINEER's and OWNER's Reimbursable Expenses Schedule will be representatives with respect to the services to be performed adjusted annually (as of January 1) to reflect or famished by ENGINEER and responsibilities of equitable changes to the compensation payable OWNER under this Agreement. Such individuals shall to ENGINEER have authority to transmit instructions,receive information, and render decisions relative to the Assignment on behalf of B. For Additional Services. OWNER shall pay their respective party. ENGINEER for all services not included in the scope of this Agreement on the basis agreed to by the parties at the time such services are authorized by OWNER ARTICLE 7—CONTENT OF AGREEMENT ARTICLE 5—SUPPLEMENTAL CONDITIONS__ 7.01 The following Exhibits are incorporated herein by reference: A. Engineer shall not at any time supervise, A. Exhibit SR-A, "Further Description of Services, direct, or have control over any contractor's work, Responsibilities, Time, and Related Matters,"consisting of nor shall Engineer have authority over or two(2)pages. responsibility for the means, methods, techniques, sequences, or procedures of construction selected or B. Exhibit SR-B, "Supplemental Terns and -- programs incident to a contractor's work progress, C. Exhibit SR-C, "Standard Hourly Rate and nor for any failure of any contractor to comply with Reimbursable Expenses Schedule," consisting of one (1) laws and regulations applicable to contractor's work. page. B. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in 2 Accepted by Proposed by OWNER: ENGINEER By: Scott Neal By: Charles S.Vein,P.E. Title: City Manager Title: President Date Signed: Date Signed: Address for giving notices: Address for giving notices: City of Eden Prairie,MN Advanced Engineering and Environmental Services,Inc. 14100 Technology Drive 6901 East Fish Lake Road Suite 184 Eden Prairie,MN 55344 Maple Grove,MN 55369 Designated Representative(Paragraph 5.01): Designated Representative(Paragraph 5.01): Name: Rick Wahlen Name: John K Berrigan,P.E. Title: Manager of Utility Operations Title: Project Manager Phone Number: (952)294-5908 Phone Number: (763)463-5036 Facsimile Number: (952)937-5514 Facsimile Number: (763)463-5037 E-Mail Address: rwahlen6n ekWrairie.org E-Mail Address: iolimberrigan@g 2s.com 3 I This is EXHIBIT SR-A, consisting of two pages,referred to in and part of the Proposal dated February 13,2006. Further Description of Services,Responsibilities,Time,and Related Matters Specific articles of the Agreement are amended and supplemented to include the following agreement of the parties: A.1.01 ENGINEER's Services A. ENGINEER shall: 1. Consult with OWNER to define and clarify OWNER's requirements for the Assignment and available data. 2. Advise OWNER as to the necessity of OWNER providing data or services which are not part of ENGINEER's services,and assist OWNER in obtaining such data and services. 3. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction relevant to the Assignment. 4. Perform the following tasks: A. Preliminary Design and Process Consulting for Filter Press System Improvements: 1. Evaluation of existing Air Compressor System and Sludge Pumping System. 2. Evaluation of alternatives to improve Air Compressor System and Sludge Pumping System 3. Providing a Technical Memorandum with evaluated alternatives and associated equipment costs. 4. Meet with City Personnel to discuss and finalize the recommended alternative(s). 5. Confirm equipment lead time and provide updated alternatives and recommendations based on meeting discussions. B. Final Design and Process Consulting—Phase 1(Upsizing existing pumping capacity): 1. Design of anew Air Compressor System.- 2. Design of a new Sludge Pumping System-Air Operated Diaphragm Pumps. 3. Design of modifications to existing Process Piping. 4. Design modifications to electrical systems,instrumentation and controls integration,and control system programming to incorporate new equipment. C. Final Design and Process Consulting—Phase 2(Installation of new hydraulic pumps and — ----.. --—- —piping-system_mprov-ements).�._-----— ----- --------------- 1. Design of a new Sludge Pumping System-ABEL Pumps. 2. Design of modifications to existing Process Piping. 3. Design modifications to electrical systems,instrumentation and controls integration,and control system programming to incorporate new equipment. 5. Perform or provide the following additional tasks or deliverables: None identified on the Effective Date of this Agreement. A.2.01 OWNER's Responsibilities Page 1 of 2 Pages (Exhibit SR-A-Further Description of Services,Responsibilities,Time,and Related Matters) A. OWNER shall do the following in a timely manner,so as not to delay the services of ENGINEER 1. Provide all criteria and full information as to OWNER's requirements for the Assignment. 2. Furnish to ENGINEER all existing studies, reports and other available data pertinent to the Assignment,obtain or authorize ENGINEER to obtain or provide additional reports and data as required,and furnish to ENGINEER services of others as required for the performance of ENGINEER's services. B. ENGINEER shall be entitled to use and rely upon all such information and services provided by OWNER or others in performing ENGINEER's services under this Agreement. C. Participate with ENGINEER and others as appropriate, in meetings and related activities associated with ENGINEER's Scope of Services. D. OWNER shall bear all costs incident to compliance with its responsibilities pursuant to this paragraph A.2.01. A.3.01 Times for Rendering Services [Not Used.] Page 2 of 2 Pages (Exhibit SR-A-Further Description of Services,Responsibilities,Time,and Related Matters) This is EXHIBIT SR-B,consisting of two pages,referred to in and part of the Proposal dated February 13,2006. Standard Terms and Conditions The Agreement is supplemented to include the following agreement of the parties: Supplemental Terms and Conditions SC-1. Independent Contractor All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party.Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either OWNER or ENGINEER. ENGINEER's services under this Agreement are being performed solely for OWNER's benefit, and no other entity shall have any claim against ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. OWNER agrees to include a provision in all contracts with contractors and other entities involved in this project to carry out the intent of this paragraph. SC-2. Access OWNER shall arrange for safe access to and make all provisions for ENGINEER and ENGINEER's Consultants to enter upon public and private property as required for ENGINEER to perform services under this Agreement. SC-3. Hazardous Environmental Conditions It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a "Hazardous Environmental Condition," i.e. the presence at the site of asbestos, PCBs, petroleum, hazardous waste,or radioactive materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Assignment. In the event ENGINEER or any other party encounters a Hazardous Environmental Condition,ENGINEER may,at its option and without liability for consequential or any other damages,suspend performance of services on the portion of the Assignment affected thereby until OWNER (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate,abate,remediate,or remove the Hazardous Environmental Condition;and (ii)warrants that the site is in full compliance with applicable laws and regulations. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that ENGINEER is not and shall not be required to become an "arranger," "operator," "generator," or`transporter"of hazardous substances,as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the site in connection with ENGINEER's activities under this Agreement. SC-4. Patents ENGINEER shall not conduct patent searches in connection with its services under this Agreement and assumes no responsibility for any patent or copyright infringement arising therefrom. Nothing in this Agreement shall be construed as a warranty or representation that anythingmade,used,or sold_arising_out of_the services_psrformed..______.._________ under this Agreement will be free from infringement of patents or copyrights. SC-5. Use of Electronic Media a. Copies of Documents that may be relied upon by OWNER are limited to the printed copies(also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics,or of other types that are fiunished by ENGINEER to OWNER are only for convenience of OWNER- Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. Page 1 of 2 Pages (Exhibit SR-B—Supplemental Terms and Conditions) b. When transferring documents in electronic media format,ENGINEER makes no representations as to long- term compatibility,usability,or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of this Assignment. c. If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. d. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days,after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. ENGINEER shall not be responsible to maintain documents stored in electronic media format after acceptance by OWNER SC-6. Opinions of Probable Construction Cost a. Construction Cost is the cost to OWNER to construct proposed facilities. Construction Cost does not include costs of services of ENGINEER or other design professionals and consultants, cost of land, rights-of-way, or compensation for damages to properties, or OWNER's costs for legal, accounting, insurance counseling or auditing services,or interest and financing charges incurred in connection with OWNER's contemplated project, or the cost of other services to be provided by others to OWNER pursuant to of this Agreement. Construction Cost is one of the items comprising Total Project Costs. b. ENGINEER's opinions of probable Construction Cost provided for herein are to be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgment as an experienced and qualified professional generally familiar with the industry. However,since ENGINEER has no control over the cost of labor, materials, equipment, or services finnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, ENGINEER cannot and does not guarantee that proposals,bids,or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by ENGINEER If OWNER wishes greater assurance as to probable Construction Cost,OWNER shall employ an independent cost estimator. SC-7. Opinions of Total Project Costs a. Total Project Costs are the sum of the probable Construction Cost, allowances for contingencies, the estimated total costs of services of ENGINEER or other design professionals and consultants, cost of land, rights-of-way,or compensation for damages to properties,and OWNER's costs for legal,accounting,insurance counseling or auditing services, and interest and financing charges incurred in connectionwith a proposed project,and the cost of other services to be provided by others to OWNER pursuant to this Agreement. b. ENGINEER assumes no responsibility for the accuracy of opinions of Total Project Costs. SC-8. Notices Any notice required under this Agreement will be in writing,addressed to the appropriate party at its address on the signature page and given personally,_or by_registered or certified mail_postage.prepaid,_or by a_ commercial _ courier service. All notices shall be effective upon the date of receipt. Page 2 of 2 Pages (Exhibit SR-B—Supplemental Terms and Conditions) This is EXHIBIT SR-C, consisting of one page, referred to in and part of the Proposal dated February 13,2006. 2006 Standard Hourly Rate and Reimbursable Expenses Schedule The Hourly Fees and Expense Schedule is subject to review and adjustment annually as of January 1. Labor Rates Reimbursable Expense Rates Engineer I $76.00 Transportation(4x4) $0.50/mile Engineer II $86.00 Transportation(Auto) $0.50/mile Engineer III $100.00 Survey Vehicle $0.65/mile Engineer IV $114.00 Photocopies so.10/copy Engineer V $125.00 Plots-Color Bond $1.25/s.f. Engineer VI $136.00 Plots-Monochrome Bond/Vellum $0.75/s.f. Plots-Film/Photo High Gloss $2.00/s.f. I&C Technician I $72.00 Digital Imaging $10.00/day I&C Technician II $82.00 Computer/CARD $10.00/hour I&C Technician M $92.00 Laser Printouts $0.20/page I&C Technician IV $102.00 Color Laser Printouts/Copies $1.50/page I&C Technician V $114.00 Fax-Receiving $1.00/page I&C Technician VI $124.00 Fax-Sending $1.00/page Projector $25.00/hour Land Surveyor I $64.00 Total Station $10.00/hour Land Surveyor II $74.00 Total Station-Robotic $35.00/hour Land Surveyor III $86.00 pro-XR GPS $15.00/hour Land Surveyor IV $96.00 Fast Static/RTK GPS $50.00/hour Land Surveyor V $108.00 All Terrain Vehicle/Boat $95.00/day Land Surveyor VI $125.00 Hydrant Pressure Recorders $10.00/day Telemetry Radio $50.00/site Engineering Technician I $42.00 Pressure Recorder $5.00/day Engineering Technician II $52.00 Outside Services* cost*1.00 Engineering Technician III $64.00 Out of Pocket Expenses** cost*1.00 Engineering Technician IV $74.00 Rental Ca cost*1.00 Engineering Technician V $84.00 Engineering Technician VI $08.00 * Includes laboratory testing, architectural and Engineering TechnicianVII $118.00 engineering consultants, surveying, etc. Senior Consultant $110.00 CPA $108.00 ** Includes toll telephone, shipping,postage, Financial Analyst $105.00 subsistence, technical literature, equipment rental, IT System Administrator $105.00 etc. Marketing Consultant---. __.-$75 00 _.__ ___._.... __ Administrative 1 $40.00 Administrative II $48.00 Administrative III $58.00 Administrative IV $67.00 Administrative V $75.00 Page 1 of 1 Pages (Exhibit SR-C-Standard Hourly Rate and Reimbursable Expenses Schedule) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 2, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #06-5670 ITEM NO.: VILG. Mary Krause Award Contract for Street Striping to Public Works/Engineering Century Fence Company Requested Action Move to: Award contract for 2006 Striping to Century Fence, in the amount of$36,305. Synopsis Sealed bids were received Thursday,April 27, 2006 for the 2006 Striping project. Three bids were received and are tabulated as follows: Century Fence Company $36,305.00 United Rentals $46,666.50 AAA Striping $54,900.00 Background Information Street striping is an annual street maintenance project. The budget for 2006 is $75,000.00, under budget#1714-6337. Staff recommends award to Century Fence Company. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing May 2, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. David Olson Vacation 05-03 Vacation of an Easement for Part of Public Works/Engineering West 62nd Street Requested Action Move to: • Close the Public Hearing; and • Adopt a resolution vacating the easement for part of West 62nd Street located in the North %z of Section 5. Synopsis The property owner and developer of Prairie Estates has requested this vacation to provide for the inclusion of the easement area into the plat of Prairie Estates. The final plat of Prairie Estates was approved by the City Council on April 18, 2006. Background Information The easement area was obtained by Hennepin County with the construction of CSAH 62 for the West 62nd Street cul-de-sac. The County has relinquished its ownership of easement rights through a Quit Claim Deed to the City. No right-of-way beyond the subdivision boundaries is included in this vacation. The plat of Prairie Estates includes the dedication of right-of-way and construction of a roadway providing access to the platted lots. The cul-de-sac area will no longer be needed and will be included in Lot 1, Block 2 of the new plat. A Quit Claim Deed from the City to the property owner will transfer the easement rights originally obtained by the County. Attachments • Resolution • Location Map • Exhibit Drawing • Prairie Estates Plat • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 06- VACATION OF AN EASEMENT FOR PART OF WEST 62ND STREET LOCATED IN THE NORTH %2 OF SECTION 5 VACATION 05-03 WHEREAS, the City of Eden Prairie has a certain permanent easement for street purposes described as follows: A permanent easement for street purposes over all that part of the following described tract: East 110 feet of the west 281 feet of the north 300 feet of the Northeast Quarter of the Northwest Quarter (NE 1/4, NW 1/4) of Section 5, Township 116,range 22, which lies northwesterly and northerly of the following described line: Commencing at the northwest corner of the Northeast Quarter of the Northwest Quarter of Section 5, Township 116, Range 22; thence run easterly along the north line thereof on an assumed bearing of North 87 degrees 17 minutes 15 seconds East for a distance of 191.73 feet to the actual point of beginning of the line being described; thence South 9 degrees 29 minutes 25 seconds East for 33.21 feet;thence deflect left along a tangential curve having a radius of 52.00 feet for 118.48 feet more or less to the east line of said tract and said line there terminating. WHEREAS, a Public Hearing was held on May 2, 2006, after due notice was given to affected property owners and published in accordance with M.S.A.412.851; and WHERAS, the Council has been advised by City Staff that the proposed vacation of the above described permanent easement for street purposes has no relationship to the comprehensive municipal plan;and WHEREAS, it has been determined that the said permanent easement for street purposes is not necessary and has no interest to the public,therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said permanent easement for street purposes described as Commencing at the northwest corner of the Northeast Quarter of the Northwest Quarter of Section 5, Township 116, Range 22; thence run easterly along the north line thereof on an assumed bearing of North 87 degrees 17 minutes 15 seconds East for a distance of 191.73 feet to the actual point of beginning of the line being described; thence South 9 degrees 29 minutes 25 seconds East for 33.21 feet; thence deflect left along a tangential curve having a radius of 52.00 feet for 118.48 feet more or less to the east line of said tract and said line there terminating is hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A.412.851. 3. This Resolution shall not be effective until the plat of Prairie Estates has been filed with the Hennepin County Recorder/Registrar of Titles office. The City Clerk is directed to withhold filing this Resolution with the Hennepin County Recorder/Re istrar of Titles office until the City Clerk has received evidence of the g ty filing of said plat. ADOPTED by the Eden Prairie City Council on May 2, 2006. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk ITE W 62 0 62 W 158TH AVE. ® W. D T. R �\ R• 1. Zv CH ERR Do 9jy W O 4 62ndN. EDEN DR. LOGq o y WNITp GRENWICHuj J c? o m _ . tis 4 CLAYCR OSS i 'L� �40 o S. EDEN DR. I s o� z Q WAY y� o 02 Atjco < 4 9 RIO 9 �!�J��\G v, _ o _.._ G�P�G'�• WAY m 0 r'' Y RD. ORAN 3 LA. 0 N. MA/vo Q S p ( w N. LUND RD. ¢G w 0 N RD. � 'Q FgEr1 C > NORTH Z w �� OR W S. LUND RD, Q U z P' 9 ' o S. MANOR RD.. W. 6 th S7 a' w = �J ��. 6x� LA, o o ,� y > c� C K�- z Ix Q s z H 0 N EIS U p 4 pRFT�Q G� �� 4,P o��9Z�O�i o W.67 th CIR. =o 3 N vi �� P F,S� h CRRA W .� .p T GE 000 ST. BAR BERRY w E^ jR' m OR' Y OAK z LA. c CIR. J VCK BAYWOOD ............. EKE 94. ,,,,,,,,,,,,,, •�. SOON RD. _ DR. CD • 1� :: a �Ft• (D Sv �) m STERLI NG m ............ U ............. .......... A O p TER. m o .. .. .... z Cps AVE. PETERBORG- - -- - NpR� LP -.P Q �91- Q R o hnA -EQKA C LOCATI O N MAP , LA. FSr VAC. 05-03 ate-- HILLCREST r 1 EASEMENT VACATION EXHIBIT (TOWNLINE ROAD) 6 NOUN T Y H wWY. n northwest corner of the —NORTH ONE OF THE NE j OF THE NW I NE I of the NW N87'17'15"E \ P.O.B. 191.73 - - - - W� M rn I �-- — —HIGHWAY EASEMENT PER I' l DOC. NO. 6347190 TO BE I \ VACATED 48t _ 00 I - - - - - -171.0--- - - -- - - - - j110- - - - w o o PID 05-116-22-21-0002 J - - - - — — — —— — 281- - - - - - - -I- -' -'- - 1M17I62ndSt. I OWNER: DALE E. EVANS I PID 05-116-22-21-0005 � V i 17117 W. 62nd St. PID 05-116-22-21-0003 O OWNER: EUGENE R. LABODA 17109 W. 62nd St. OWNER: DALE E. EVANS i I I I I I Scale in feet i 0 50 100 1 inch = 50 feet PRAIRE ESTATES , R.T. DEC. N0. T. M1 � FWD.JM -NORTHWEST CORNER OF' WEST LINE OF OUTLOT A l l/_t •T. $ R 11%A1�i SET PER XWRENS DRAINAGE AND UTILITY EASEMENTS ARE SNOYM 7HU4 3,tJ\j1 OUTLOT A.STENEHJEM STENEHJEM;AODITION-• _ CASE NO I6302, AD XnoN N00 28 47 W 823.97 // 33.02 I - 13500 129.86 n e �IB&91 y_e4.s9 -' 69 337.15 fOOE OF J3 , FAID,AmSET PER TORRfNS 8 -OUTLET A In R - - J'p `hryl ,3 _ -WEST LINE OF COUNTRY ROAD N00'J121T'LY CASE NO,I6J01 i ORAaI{WE AND , OR AND- \ hS /� 34.79 h 1 F VRLITY Ei SEMENT.. 0 UTILITY EASEMENT \. ._� i LOT.2 it�1\` ( - 9 tow - "� \.' n -`\ 3 J-__-1 r- ,�" /�� LOT 5 — go _ �^ end f� 5' �"� t 1 P. 24 88 i V��iL)q.R'I __.�5r2'f 4I3n9d•E'1`73_1`4 93__�I1 Z r��hs/s'�Ay1l0�\o$I 6 1 W�",�' 'ry y�' $ i - 21-5 0 II 1_J eNN s35 O OFF-TEWEEErA R YIWN1 SRWE1 EOWI6NI,xUES so•34'zt'w C oD xM AsAA iIsEEHoO�o r NANNI OoO AHIlaD RJ OfIEMEE IiPG InA i P N1H w LOT 10 . z � 100.00 r4.93 t ` I 507524-E_ 10758 :V Ito � W I ' I LOT 4 Ilewr - -- — EocEOF wftL A \psi t ' t b�� BE'7UN0- -� I. 3•- 7842 ---� �'.. �s w OUTLOT B LOT 6 n DRAINAGE AND •- / z n. FI I LOT 3 URLITY EASEMENT N LOT tRg - t3,I I A I 61�,;Jto,6L,�s � DO t .t r- ' IP� \�D• �g\5'F. —__ NOT ELM'. _ .b F- I i`I I`. Iro tol L"175.54 `5 11g701/— _ 0 o-z e T, / - '3 i i I $t / Rm50.00 �� szi•1 772.2 <_T , mro9•ze' 'tea ♦7X� b4 _ 85.00 •� 8^ ,•tl`� .80.00 15'tf'S SSj / rybn'N1y,S �I a ry lV $p`'O•r� 5274'ME 172:81 \. egM1 '�� tt,," LOT 789 ByY\ �'2," l/ ES 8 mfr Ckr,.a?851876, 16. , 15•W _ *a• 1qe z W Rai�s.uo z 62nd STREET WEST _ sAo SP�s s A.84'2s'g6 -, 25.39_ 2A4.19 �....�.. 201.22 .� �.I 456,'!� 1/ 50 I !-- - _:52'14'SB'E 287.00 -3_1 55.00 t ____—__—____ - 33 0 NO.35-02 W 509.03 t �/ POINT A j1-UNE WHICH IF EXTENDED NORTH WOUTA 1 INTERSECT 7HE NORTH lME OF THE NE I/41c` t INW CORNER1/4 28264 FEET EAST OF 1HE ( _I 2 O C4- ------ 3000----w - - LOT oALOT 1 i T II- - -S7HLINE OF THE� 13-155 ___� _133.55_ NORTH 300 FEET NO-4333.01 '02"W 300.11 „I. g ` f I-EAST LINE OF THE ' I _ - WEST 171 FEET - I- 33 50 \t I t r A'1`-. rNA�, SO'43'02"E Z--"�— NORTHWEST CORNER OF - - - NE I/4 OF.7HE NW 1/a .'� ` 0 4o Bo 120 THE BASIS OF BEARINGS IS ASSUMED' ':vv✓•_,A r TLC I _ _ i .., o DENOTES 1/2 INCH BY 141NCH IRON MONUMENT SET A18)MARKED DY R.L.S.NO, 13637 Hansen Thorp • DENOTES IRON MONUMENT FOUND - Pellinen Olson Inc: ®DENOTES JUDICIAL LAND MONUMENT ` EegMe4W-S.-Y..•LmaeeePe A,NIkcb VACATION 05-03 NOTICE OF PUBLIC HEARING TO CONSIDER THE VACATION OF AN EASEMENT FOR PART OF WEST 62ND STREET LOCATED IN THE NORTH /2 OF SECTION 5 Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Center, 8080 Mitchell Road, Eden Prairie, Minnesota, on May 2, 2006 at 7:00 p.m. to hear all persons present upon the proposed vacation of a Permanent Easement for part of West 62na Street located in the North '/2 of Section 5,Township 116,Range 22 described as follows: A permanent easement for street purposes over all that part of the following described tract: East 110 feet of the west 281 feet of the north 300 feet of the Northeast Quarter of the Northwest Quarter(NE 1/4,NW 1/4) of Section 5,Township 116,range 22, which lies northwesterly and northerly of the following described line: Commencing at the northwest corner of the Northeast Quarter of the Northwest Quarter of Section 5, Township 116, Range 22; thence run easterly along the north line thereof on an assumed bearing of North 87 degrees 17 minutes 15 seconds East for a distance of 191.73 feet to the actual point of beginning of the line being described;thence South 9 degrees 29 minutes 25 seconds East for 33.21 feet;thence deflect left along a tangential curve having a radius of 52.00 feet for 118.48 feet more or less to the east line of said tract and said line there terminating. By Order of the City Council Publish: Sun Current Newspaper April 13,2006 NOTIFICATION LIST VACATION REQUEST 05-03 A copy of the Public Hearing Notice is to be sent to owners of the following parcels: 05 116 22 210002 05 116 22 210003 05 116 22 210005 Applicant Private Utility Companies do not need to be notified of this request. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing May 2, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 05-5642 ITEM NO.: VIII.B. Al Gray Order Improvements and Prepare Plans Public Works/Engineering and Specifications for Hilltop Road Improvements Requested Action Move to: • Close the public hearing; and • Adopt the resolution ordering Hilltop Road Street and Utility Improvements. Synopsis Council received a petition from the Hilltop Road neighborhood residents and the Feasibility Study for neighborhood improvements on April 18, 2006. By resolution No. 06-51, Council set May 2, 2006 as the date for the Public Hearing. Background Information The Hilltop Road area is a residential neighborhood of 30 lots dating back to 1952,when the plat of Eden Heights was approved. The homes are served today by private well and septic systems. Hilltop Road shares a common intersection with the west entrance to Grace Church on Eden Prairie Road. Improvements to Eden Prairie Road in 2002 and the Riley Creek Ridge subdivision in 1997 have provided sanitary sewer and watermain connections at the east and west end of Hilltop Road. Attachments • Resolution • Feasibility Study CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.06- RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS,a resolution of the City Council adopted the 18th day of April,2006, fixed the 2nd day of May,2006,as the date for a public hearing on the following proposed improvements: I.C.05-5642: Hilltop Road Street and Utility Improvements WHEREAS,ten days published notice of the Council Hearing through two weekly publications of the required notice was given and the hearing was held on the 2nd day of May, 2006, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. Such improvement is hereby ordered. 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and specifications for the making of such improvements, with the assistance of S E H,consulting engineers. ADOPTED by the Eden Prairie City Council on May 2,2006. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta,Clerk TABLE OF CONTENTS PAGE TABLE OF CONTENTS ............................................................................................I CERTIFICATION ................................................................................................... 2 REPORT CONTENT I. INTRODUCTION..................................................................................3 II. STREET and STORM SEWER ...................................................................3 III. WATERMAIN ......................................................................................4 IV. SANITARY SEWER..............................................................................5 V. PROJECT COST SUMMARY................................................................... 5 VI. CONCLUSIONS AND RECOMMENDATIONS .............................................6 PRELIMINARY ASSESSMENT ROLL ..........................................................................6-b PUBLIC HEARING NOTICE .......................................................................................7 PROJECT SCHEDULE..............................................................................................8 TABLE I-ESTIMATED COSTS ................................................................................. TABLE II—ADDITIONAL FEES .............................................................................. 10 TABLE III—SUMMARY of FUNDING SOURCES .......................................................... I I Figure No. I STREET and STORM DRAINAGE IMPROVEMENTS Figure No.2 WATERMAIN IMPROVEMENTS Figure No. 3 SANITARY SEWER IMPROVEMENTS CERTIFICATION I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. Alan D. Gray Reg.No. 11023 April, 2006 Date Page 2 I. INTRODUCTION This report presents the results of a preliminary engineering study of sanitary sewer, watermain, streets and storm drainage for the Hilltop Road neighborhood in the southeast quarter of Section 2, Township 116,Range 22,Hennepin County,Minnesota. The City Council authorized a Feasibility Study of street and utility improvements to Hilltop Road and Valley Road on January 18, 2005. Staff and residents of both neighborhoods have met twice and discussed improvements and proposed assessments. Hilltop residents have petitioned the City to proceed with improvements in their neighborhood. Staff has determined the Hilltop improvements can proceed efficiently and effectively,independent of Valley Road improvements and therefore present this modified project. This single family neighborhood was created in 1952 as part of a plat titled "Eden Heights." In the original plat, fifteen lots fronted Hilltop Road. Since development began, homes along Hilltop Road have utilized on- site wells and septic systems. Since the original plat of Eden Heights was recorded in 1952, all but one of the original lots abutting Hilltop Road have subdivided. Today, twenty-eight single-family lots abut Hilltop Road. A review of the neighborhood finds that three of the current lots have additional subdivision potential abutting Hilltop Road. In recent years, street and utility improvements adjacent to this neighborhood have included provisions for the extension of utilities into the neighborhood. In 1997, the development of Riley Creek Ridge neighborhood stubbed sanitary sewer and watermain to the west end of Hilltop Road. In 2002, sanitary sewer and watermain was stubbed to the east end of Hilltop Road and the intersection of Hilltop Road and Eden Prairie Road was improved as part of the Charlson Area improvements. These improvement projects provide the foundation for the extension of improvements into the neighborhood. This study presents proposed infrastructure systems benefiting the Hilltop Road neighborhood together with proposed assessments for each benefited property, in accordance with City assessment policy. H. STREET and STORM SEWER Hilltop Road extends west from Eden Prairie Road approximately 1,770 feet to the west boundary of the original Eden Heights plat. The right-of-way is sixty feet in width. A thirty-three foot wide cartway was platted north and south along the west boundary of the plat. No provision was made in the 1952 plat for right- of-way to construct a cul-de-sac on the westerly end. The street currently has a bituminous surface without curb and gutter or effective storm drainage that is in fair to poor condition. This pavement was installed approximately 25 years ago. Residents paid for the materials and public works crews did the installation. This was intended as a temporary surface until such time utility installation would warrant permanent street improvements. There is no current salvage value to the pavement and the original cost paid by residents is not applicable to maximum assessments, per City policy. An erosion problem exists along the property line between parcels 15 and 16,as identified on Figure 1. Utility construction will entirely obliterate the existing bituminous surface. It is recommended that the existing street be reconstructed 28-feet wide, with granular base, bituminous surface and mountable concrete curb and gutter. It is desirable to add a cul-de-sac at the west end. Additional right-of-way may be required. It is anticipated that parcels 14 and 15 abutting Hilltop Road at the west end, will be the subject of further Page 3 subdivision in the future. It will be desirable to coordinate a final cul-de-sac design with future plans for these properties. If identification of a cul-de-sac plan coordinating with future subdivision is difficult, a temporary termination feature, such as utilized in new developments, may be desirable until a permanent facility can be implemented through subdivision of one or both of the most westerly abutting properties. The proposed storm sewer improvements are shown on Figure 1. The proposed system depicted in green consists of catch basins and pipe within Hilltop Road and an outlet pipe extending south approximately sixteen-hundred feet to an existing pond adjacent to Riley Creek. This pond was constructed as part of the Riley Creek Ridge subdivision improvements and was designed to provide water quality and attenuation for storm drainage from this drainage area. South of Valley Road, the storm sewer system will be constructed through Metropolitan Airport Commission (MAC)property to an outlet in the existing pond. Agreements with the MAC will be required to proceed with this alignment. The MAC will be primarily concerned with minimizing the creation of habitat that may attract waterfowl into the area. To minimize this potential, it may be desirable to design infiltration areas into the neighborhood to reduce the volume of runoff to the pond. The cartway area on the westerly end of the neighborhood, between Hilltop Road and Valley Road, may be a potential area for infiltration. This area and others will be evaluated during final design. The estimated cost for the improvements depicted on Figure 1, as shown on Table 1, is $688,860. Storm sewer capacity is included for future Valley Road improvements. The storm sewer cost assignable to future Valley Road improvements is $78,760. The City will reserve the right to assess this cost in the future to properties abutting and benefiting from Valley Road street improvements. The remaining cost assignable to Hilltop Road is$610,100. A total of 28 properties will benefit from the proposed street improvements. All properties are zoned for residential use. All properties will benefit from the proposed improvements in proportion to their potential number of residential units taking access to Hilltop Road. The preferred apportionment method is therefore the "lot unit" method. Each property is assigned an estimated number of lot units of benefit based on its configuration, topography and placement of existing structure. The estimated lot unit potential for each property is shown on the Preliminary Assessment Roll. The total number of lot units on Hilltop Road is 31. Based on the estimated cost of$610,100 for Hilltop street improvements and 31 total lot units,it is proposed to assess each property $19,680. The proposed lot units and assessment amount for each property is shown on the Preliminary Assessment Roll. III. WATERMAIN The proposed watermain improvements are shown on Figure 2. The system will consist of an eight-inch main with one-inch service stubs to each lot unit,hydrants spaced to provide adequate fire protection and valves for the isolation of segments to accommodate maintenance. The estimated total cost of the watermain system depicted on Figure 2 is$212,200. One half of the watermain system that is within that portion of the system in the cartway along the west boundary of the project is assignable to the Valley Road neighborhood. The estimated cost for the Valley Road share is $6,400. The cost assigned to the Hilltop neighborhood is $205,800. It is proposed to assess the full cost of the neighborhood improvements to the benefited properties. As discussed in the previous section of this report, a lot unit method of assessment is preferred. Parcels 15 and Page 4 28 are connected to the existing segments of watermain depicted on Figure 2 and have paid connection fees. The remaining parcels are assigned 29 total lot units,as shown on the Preliminary Assessment Roll. Based on a total cost of$205,800 for neighborhood watermain improvements and 29 benefiting lot units, it is proposed to assess each lot unit $7,096. The assigned lot units and proposed assessments for each parcel is shown on the Preliminary Assessment Roll. Trunk utility assessments of$520 are also proposed for each parcel receiving lateral sewer and water service. These assessments finance the construction of larger diameter watermains, sanitary sewers, water treatment facilities, wells, elevated storage and other major components of the City's distribution and collection system. Parcels that subdivide in the future may be subject to additional trunk assessments determined on an area basis at the time of subdivision. As noted on the Preliminary Assessment Roll,certain parcels have been previously assessed for trunks. IV. SANITARY SEWER The proposed sanitary sewer improvements are shown on Figure 3. The system consists of eight-inch gravity pipes, manholes spaced to accommodate service and four-inch service stubs to each lot unit. The total estimated cost for the system as shown on Table 1 is $179,480. It is proposed to assess the full cost of the neighborhood improvements to the benefited properties. As discussed in the previous sections of this report, a lot unit method of assessment is preferred. Parcels 12, 13, 15 and 28 are connected to existing sanitary sewer and have paid connection fees or participated in the cost of extending sanitary sewer. The remaining parcels are assigned 27 lot units as shown on the Preliminary Assessment Roll. Based on a total cost of$179,480 for sanitary sewer improvements and 27 benefiting lot units, it is proposed to assess each lot unit $6,648. The assigned lot units and proposed assessments for each parcel is shown on the Preliminary Assessment Roll. V. PROJECT COST SUMMARY Table I summarizes the estimated cost for the various components of the project. These costs are based upon anticipated construction costs assuming adequate subsurface soil conditions. Easement costs,if incurred,will be added to project costs and assessed. Table 2 summarizes the sources of financing for the project. City Assessment Policy adopted in 1989 and revised in 2000 established the concept of a maximum amount to be assessed for street, lateral sanitary sewer and lateral watermain improvements for homesteaded properties. The maximum amount is adjusted annually, based on the Engineering News Record Construction Cost Index. Based on the current index, the maximum amount for 2006 is 27,000. The total proposed assessment to each residential property for this project is $33,424. For each property subject to the maximum assessment, an adjusted assessment is shown on the Preliminary Assessment Roll. The adjustment reflects the difference between the proposed amount of$27,000 and the maximum amount of$33,424. Twenty-seven parcels are expected to qualify for the adjustment at $6,311 per parcel for a City expense of$170,384. It is proposed to finance the City share from stormwater utility($4,074 per parcel)and trunk utility($2,237 per parcel). Also, in accordance with City Assessment Policy, homesteaded parcels may be excluded from the assessment district for trunk and lateral sanitary sewer and watermain improvements for a period of five years or until connection occurs. No additional interest will be added to the final assessment amount during this exclusion period. This benefit is provided to homesteaded property owners in recognition of the expenses incurred to install on-site systems. The amount for each property eligible for exclusion totals $252,030, including trunk, and is shown on the Preliminary Assessment Roll in the column labeled"2012 Levy." Page 5 In addition to the assessments proposed, each residential unit connecting to utilities will pay City access fees, Metropolitan Council Environmental Services access fee, City permit fees and a water meter fee. The 2006 fees are shown on Table 3. The actual fees are paid at time of connection at the rates in effect for the year in which connection is made. VU. CONCLUSIONS AND RECOMMENDATIONS Based on this study, Improvement Contract No.05-5642 is feasible,cost effective,necessary,and the resulting benefit will equal or exceed the proposed assessments to the abutting properties. It is therefore recommended that the Eden Prairie City Council proceed with the project on a schedule similar to the one suggested in this report. Page 6 CITY OF EDEN PRAIRIE NOTICE OF HEARING ON PROPOSED PUBLIC WORKS IMPROVEMENTS I.C.05-5642 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Eden Prairie City Council will meet at the Administration Building, 8080 Mitchell Road, at 7:00 p.m. on May 2, 2006 to consider the making of the following described improvements: I.C. 05-5642— Hilltop Road street and utility improvements located in the Southeast Quarter of Section 2,Township 116,Range 22,Hennepin County,Minnesota Pursuant to Minnesota State Laws, Section 429.011 to 429.111, the area proposed to be assessed for such improvements is all that property within or abutting on the above described limits. Written or oral comments relating to the proposed improvements will be received at this meeting. By Order of the City Council Kathleen Porta,City Clerk City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55343 Publish: Page 7 PROJECT SCHEDULE (I.C. 05-5642) April 18,2006 Present Feasibility Report to City Council April 12,2006 Deliver Notice of Public Hearing to Eden Prairie Sun Current Newspaper Publish April 20 and April 27,2006 April 17,2006 Mail Notice of Public Hearing to Public May 2,2006 Hold Public Hearing,Order Improvements and Preparation of Plans and Specifications May 16,2006 Approve Plans and Specifications and Order Advertisement of Bids May 25,2006 Advertise for Bids in Eden Prairie Sun Current Newspaper and Construction Bulletin on May 25 and June 1,2006 June 15,2006 Open Bids June 20,2006 Final Assessment Hearing for Streets Improvements and Award Contract November,2006 Substantial Completion June,2007 Final Completion Spring,2007 Assessments First Appear on Tax Statements Page 8 TABLE 1 ESTIMATED COSTS EDEN PRAIRIE IMPROVEMENT CONTRACT No. 05-5642 HILLTOP ROAD SANITARY SEWER, WATERMAIN, STORM SEWER and STREET Street &Storm Sewer Watermain Sanitary Sewer Total Construction $506,514 $160,290 $130,059 $796,863 Engineering $101,303 $36,262 $28,612 $165,177 Administration 9% $45,587 $5,427 $11,705 $62,719 Capital Interest $35,456 $11,221 $9,104 $55,781 COLUMN TOTALS $688,860 1 $212,200 $179 480 $1 080,540 Page 9 TABLE H ADDITIONAL FEES (2006 RATES) METRO SEWER ACCESS CHARGE..................................................................................$1,200 CITY SEWER ACCESS CHARGE.........................................................................................$520 CITY WATER ACCESS CHARGE...........................................................................$2,190 CITY PERMIT FEE ........................................................................................... ..$30.50 WATER METER FEE ....................................................................................... $222.50 TOTAL $4,163 NOTE: This amount(subject to annual adjustments)is collected as a fee at the time a permit is issued to connect a home to the sewer and water system and is applicable for all new and existing connections in the City. Page 10 TABLE III SUMMARY OF FUNDING SOURCES STREET AND UTILITY ASSESSMENTS........................................................................$824,996 FUTURE VALLEY ROAD ASSESSMENTS......................................................................$85,160 TRUNK UTILITY FUND..............................................................................................$60,384 STORMWATER UTILITY FUND.................................................................................$110,000 TOTAL PROJECT COST.........................................................................................$1,080,540 Page 11 = Excess acreage to be assessed at aceage rate H = Homestead P.A. =Trunk Assessment Previously Paid 1 = Based on a lot unit rate for streets of$19,680 2 = Based on a lot unit rate for watermain of$7,096 3 = Based on a lot unit rate for sanitary sewer of$6,648 4 = Homestead parcels have been adjusted to one unit at a maximum assessment of$27,000 for street and lateral utilities 5 = Sanitary sewer and watermain assessment for one homestead unit may be excluded for five years or time of connection per City policy 6 = Parcels with subdivsiion potential subject to additional trunk assessments at time of development ...... .... EXISTING HETLAND ROAD PONDTIII 15 14 16 __13 12 LEGEND _T 17 Service Area 18 Proposed Street �A Proposed 19 Storm Sewer 20 G) 10> > z i x M M :2; M M > 21 9 -- > 22 8 > 6 z z 23 7 24 6 25 5 26 4 27 3 Cn 2 + ............ i 28 EDEN PRAIRIE ROAD CITY OF EDEN PRAIRIE FIGURE 1 HILLTOP ROAD STREET AND STORM DRAINAGE SHETLAND ROAD EXISTING _ POND I 15 j 14 16 13 12 - LEGEND 17 I Service Area 18 I Existing Water t9 � �� ��� Proposed - I Water — --G> < 20 10 > Cn Oz n m m mm m c 21 { z 9 < :33 D n_ 22 8 m _ y r z I m I 23 I 7 24 I 6 25 I 5 I s 26 i 4 27 I 3 - ' t 2 tz7i 28 \ r EVEN PRAI IE R A CITY OF EDEN PRAIRIE FIGURE 2 HILLTOP ROAD WATER SHETLAND ROAD EXISTING POND 15 14 i 16 13 12 LEGEND 17 Service Area 18 Existing I Sanitary Sewer 11 19 � � ��� Proposed Sanitary Sewer Proposed < 20 10 - D i Z Pressure Sewer D m m m D r { { 21 I 9 � 37 O D D_ \ v 22 8 m m r Z 23 I 7 m 24 I 6 \�, 25 I 5 26 4 27 I 3 +z � ` 2 M 28 y EDEN PRAIRIE ROAD CITY OF EDEN PRAIRIE FIGURE 3 HILLTOP ROAD SANITARY SEWER CITY COUNCIL AGENDA DATE: May 2,2006 SECTION: Payment of Claims DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX. 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 150731 - 151122 Wire Transfers 2448 -2449 City of Eden Prairie Council Check Summary 5/2/2006 Division Amount General 8,161 100 City Manager 25 101 Legislative 10,865 110 City Clerk 865 III Customer Service 13,044 112 Human Resources 1,050 113 Communication Services 1,920 114 Benefits&Training 3,052 115 Risk Management 718 116 Facilities 39,473 117 City Center 40,021 130 Assessing 6,619 131 Finance 1,463 132 Social Services 4,491 135 Information Technology 90,119 136 Wireless Communication 2,538 137 Economic Development 3,985 150 Park Administration 229 151 Park Maintenance 8,282 153 Organized Athletics 3,782 154 Community Center 2,775 156 Youth Programs 205 158 Adult Recreation 1,226 160 Therapeutic Recreation 120 161 Oak Point Pool 954 162 Arts 16 163 Outdoor Center 289 164 Park Rental Facilities 100 180 Police 36,341 183 Emergency Preparedness 9,758 184 Fire 7,808 185 Animal Control 871 200 Engineering 688 201 Street Maintenance 8,511 202 Street Lighting 1,382 203 Fleet Services 22,926 204 Equipment Revolving 2,683 301 CDBG 927 304 Senior Board 163 308 E-911 1,481 309 DWI Forfeiture 5,060 316 WAFTA 8,856 502 Park Development 1,387 503 Utility Improvement 9,318 509 CIP Fund 27,187 515 Fire Station#4 12,780 517 212/Charlson Intersection 8,671 520 Parks Referendum 10,449 521 Trails Referendum 4,426 601 Prairie Village Liquor 106,782 602 Den Road Liquor 123,102 603 Prairie View Liquor 95,434 605 Den Road Building 305 701 Water Fund 218,194 702 Sewer Fund 270,747 703 Storm Drainage Fund 332 803 Escrow Fund 1,016 806 SAC Agency Fund 21,700 807 Benefits Fund 184,484 Report Totals 1,450,156 City of Eden Prairie Council Check Register 5/2/2006 Check# Amount Vendor/Explanation Account Description Business Unit 150731 280 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 150732 300 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 150733 180 CITY ENGINEERS ASSOC OF MINNES Dues&Subscriptions Engineering 150734 24 CRONK,DAVID Program Fee Classes/Programs/Events 150735 180 DECKNADEL,KYLE Lessons&Classes Pool Lessons 150736 16 DUVICK,JIM Program Fee Trips 150737 15 GTCTA Conference Expense Tennis 150738 300 HENNEPIN CHIEF'S ASSOCIATION Tuition Reimbursement/School Police 150739 45 MARQUARDT,ESTHER Program Fee Trips 150740 21,483 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 150741 6,862 MINNESOTA STATE TREASURER Building Surcharge General Fund 150742 105 MITTELSTADT,DEDE Program Fee Camps 150743 95 NUR,MOHAMED Memberships Community Center Admin 150744 36 WARD,RITA Lessons&Classes Ice Arena 150745 160 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 150746 3,054 ASPEN WASTE SYSTEMS INC. Waste Disposal Water Utility-General 150747 315 BCA-BTS Tuition Reimbursement/School Police 150748 64 BEST BUY Other Hardware Information Technology 150749 50 BOSACKER,MIKE Tuition Reimbursement/School Police 150750 129 CAMPOS,LORI Instructor Service Outdoor Center 150751 57 CARLSON,DAN Tuition Reimbursement/School Police 150752 59 CE&D Tuition Reimbursement/School Police 150753 192 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 150754 57 DEMANN,JIM Tuition Reimbursement/School Police 150755 63 DOLLERSCHELL,JOHN Operating Supplies Senior Board 150756 12,780 EDEN PRAIRIE,CITY OF Building Fire Station#4 150757 159 FRED PRYOR SEMINARS Tuition Reimbursement/School Police 150758 410 FSH COMMUNICATIONS LLC Telephone Miller Park 150759 904 GE CAPITAL Other Rentals General 150760 561 J J KELLER&ASSOCIATES INC Dues&Subscriptions Water Utility-General 150761 371 MARSHALL&SWIFT Dues&Subscriptions Assessing 150762 46 MENARDS Operating Supplies Street Maintenance 150763 200 MINNEAPOLIS COMM&TECH COLLEG Tuition Reimbursement/School Police 150764 1,674 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 150765 57 MORROW,JAMES Tuition Reimbursement/School Police 150766 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 150767 2,634 QWEST Telephone Wireless Communication 150769 185 SPRINT NEXTEL Other Contracted Services Police 150770 290 STREICHERS Clothing&Uniforms Police 150771 60 TRI-COUNTY ASSOCIATION Dues&Subscriptions Police 150772 45 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 150773 48,407 XCEL ENERGY Electric Water Treatment Plant 150774 168 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store 150775 126 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 150776 40 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 150777 4,523 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 150778 10,756 DAY DISTRIBUTING Wine Domestic Prairie View Liquor Store 150779 4,562 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 150780 300 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 150781 261 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 150782 952 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store 150783 1,407 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 150784 10,703 GRIGGS COOPER&CO Transportation Den Road Liquor Store 150786 30,977 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 150787 314 M.AMUNDSON LLP Operating Supplies Den Road Liquor Store 150788 545 MARGRON SKOGLUND WINE IMPORTS, Wine Imported Den Road Liquor Store 150789 19,654 MARK VII Beer Prairie View Liquor Store 150790 1,417 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 150791 153 MORAN USA,LLC Misc Taxable Den Road Liquor Store 150792 980 NEW FRANCE WINE COMPANY Wine Imported Den Road Liquor Store 150793 360 PAT KERNS WINE MERCHANTS Wine Domestic Prairie View Liquor Store 150794 3,411 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store 150795 9,821 PHILLIPS WINE AND SPIRITS INC Wine Imported Den Road Liquor Store 150796 2,510 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 150797 20,179 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store 150798 452 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 150799 10,782 TAYLOR DIST CO OF MN INC Beer Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 150800 9,330 THORPE DISTRIBUTING Beer Den Road Liquor Store 150801 102 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 150802 1,486 WINE COMPANY,THE Wine Imported Prairie Village Liquor Store 150803 1,103 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 150804 104 WINE SOURCE INTERNATIONAL Wine Domestic Den Road Liquor Store 150805 500 CHIPPEWA COUNTY SHERIFF'S DEPA Deposits Escrow 150806 100 DARAVINGAS,VASILIOS Refunds Environmental Education 150807 100 DEPAEPE,DAVID Refunds Environmental Education 150808 91 EDINA FAMILY PHYSICIANS Insurance Risk Management 150809 405 ESBENSEN,GEORGE Operating Supplies Fire 150810 100 KADLETZ,CATHY Refunds Environmental Education 150811 171,605 LOGIS LOGIS Information Technology 150812 553 METRO SALES INCORPORATED* Other Rentals General 150813 100 MOORE,TERI Refunds Environmental Education 150814 243 OLSON,ROBERT Investigation Travel Police 150815 115 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 150816 100 SEVERSON,JOHN Refunds Environmental Education 150817 26 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 150818 9 TIME WARNER CABLE Operating Supplies Fire 150819 215 XCEL ENERGY Electric Traffic Signals 150820 1,496 US POSTMASTER-HOPKINS Postage Water Accounting 150821 210 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 150822 10 ALTA HEATING&PLUMBING INC Cash Over/Short General Fund 150823 1,952 ARCH WIRELESS Pager&Cell Phone Police 150824 1,116 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance 150825 12,734 CENTERPOINT ENERGY Gas Fire Station 41 150826 4,154 CENTURYTEL Telephone General 150827 80 CULLIGAN BOTTLED WATER Operating Supplies Fire 150828 307 D'AMICO AND SONS Miscellaneous City Council 150829 75 DAKOTA COUNTY TECHNICAL COLLEG Conference Expense Engineering 150830 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 150831 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance Information Technology 150832 725 ESBENSEN,GEORGE Conference Expense Fire 150833 218 HANLON,KIM Travel Expense Fire 150834 19 ICI DULUX PAINT CTRS Operating Supplies Park Maintenance 150835 84 IRMITER,JESSE Operating Supplies Fire 150836 110 LIONS TAP Operating Supplies Fire 150837 36 MADISON,CHRIS Lessons&Classes Ice Arena 150838 2,163 METRO SALES INCORPORATED* Other Rentals General 150839 20 MIAMA Conference Expense Ice Arena Maintenance 150840 1,411 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 150841 166 MINNESOTA DEPT OF REVENUE Garnishment Withheld General Fund 150842 20 MINNESOTA RECREATION&PARK FO Dues&Subscriptions Parks Administration 150843 25 MINNESOTA STATE FIRE SERVICE V Employment Support Test Fire 150844 120 MORTON,TAMMARA Other Contracted Services Leisure Education 150845 79 MOTOROLA Equipment Repair&Maint Wireless Communication 150846 3,780 NATIONAL WATERWORKS Repair&Maint.Supplies Water Meter Repair 150847 276 PETTY CASH-CARLA KRESS Operating Supplies Classes/Programs/Events 150848 1,410 RESCUE RESPONSE GEAR INC Small Tools Fire 150849 2,711 RICHFIELD,CITY OF Autos Park&Recreation 150850 160 RIVERLAND COMMUNITY COLLEGE Tuition Reimbursement/School Fire 150851 18 STATE OF MINNESOTA Operating Supplies Fleet Services 150852 410 STEIN,MIKE Training Supplies Fire 150853 31 UPS Postage Fire 150854 203 WASTE MANAGEMENT-BURNSVILLE LA Waste Disposal Park Maintenance 150855 76 WILSON,JOHN D. Operating Supplies Police 150856 25 XCEL ENERGY Electric Flying Cloud Off Leash Park 150857 48 APPRAISAL INSTITUTE Dues&Subscriptions Assessing 150858 34 DISH NETWORK Cable TV Community Center Admin 150859 183 DMX MUSIC Other Contracted Services Prairie View Liquor Store 150860 100 DOW,DONALD Refunds Environmental Education 150861 5,000 EXPLORER POST 925 Miscellaneous Reserves 150862 91 GE CAPITAL Other Rentals General 150863 389 GENERAL GROWTH PROPERTIES LP-E Building Rental CDBG Fund 150864 505 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 150865 1,606 HOME DEPOT CREDIT SERVICES Supplies-General Bldg lee Arena Maintenance 150866 197 LANZI,BOB Mileage&Parking Ice Arena 150867 100 MARSTON,DEB Staring Lake Theatre Park Facilities 150868 100 MESSMER,NATHAN Refunds Environmental Education 150869 100 MYERS,JAMES Refunds Environmental Education 150870 100 NORDLUND,JEFF Refunds Environmental Education Check# Amount Vendor/Explanation Account Description Business Unit 150871 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 150872 8,628 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 150873 8,738 PRAIRIEVIEW RETAIL LLC Licenses&Taxes Prairie View Liquor Store 150874 167 SPORTS WORLD USA INC Merchandise for Resale Concessions 150975 578 XCEL ENERGY Electric Senior Center 150876 27 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store 150877 117 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 150878 84 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 150879 7,754 BELLBOY CORPORATION Wine Imported Prairie View Liquor Store 150880 714 CAT&FIDDLE BEVERAGE Wine Domestic Prairie Village Liquor Store 150881 11,258 DAY DISTRIBUTING Beer Prairie View Liquor Store 150882 3,465 EAGLE WINE COMPANY Wine Imported Prairie Village Liquor Store 150883 1,712 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 150884 20,175 GRIGGS COOPER&CO Transportation Prairie Village Liquor Store 150885 1,888 HOHENSTEINS INC Beer Prairie View Liquor Store 150887 18,938 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 150888 11,075 MARK VII Beer Prairie View Liquor Store 150889 349 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 150890 136 MORAN USA,LLC Misc Taxable Den Road Liquor Store 150891 528 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 150892 4,521 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 150893 99 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 150894 17,808 PHILLIPS WINE AND SPIRITS INC Wine Imported Den Road Liquor Store 150896 9,278 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 150897 372 SPANISH WINES IMPORTERS Wine Imported Den Road Liquor Store 150898 8,225 TAYLOR DIST CO OF MN INC Beer Prairie View Liquor Store 150899 22,908 THORPE DISTRIBUTING Beer Den Road Liquor Store 150900 495 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 150901 1,125 WINE COMPANY,THE Wine Imported Den Road Liquor Store 150902 4,673 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 150903 1,488 WINE SOURCE INTERNATIONAL Liquor Den Road Liquor Store 150904 1,099 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 150905 2,368 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 150906 1,398 QUALITY WINE&SPIRITS CO Liquor Prairie Village Liquor Store 150907 260 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 150908 2,022 ARRINGTON POLICE DISTRIBUTORS Capital Under$2,000 Police 150909 100 BALON,JULIE Refunds Environmental Education 150910 500 BEST&FLANAGAN LLP Other Contracted Services Rehab 150911 73 BIGGAR,JERRAD Training Supplies Police 150912 2,000 BORG,STEVE Tuition Reimbursement/School Organizational Services 150913 349 BOSACKER,MIKE Travel Expense Police 150914 172 CINGULAR WIRELESS Pager&Cell Phone Water System Maintenance 150915 121 FERBER,MARGARET Memberships Community Center Admin 150916 303 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 150917 81 GARTNER,BOB Operating Supplies Classes/Programs/Events 150918 81 GULDEN-BOBBITT,RYAN Operating Supplies Police 150919 46 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 150920 1,311 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 150921 215 IDENTIX INCORPORATED Operating Supplies Police 150922 148 LEMPESIS,BILL Mileage&Parking Prairie View Liquor Store 150923 184,484 MEDICA Medical Bills Prepaid Health and Benefits 150924 103 MENARDS Operating Supplies Park Maintenance 150925 217,238 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 150926 400 MINNEAPOLIS POLICE DEPARTMENT Tuition Reimbursement/School Police 150927 1,710 MINNESOTA BD OF PEACE OFFICER Dues&Subscriptions Police 150928 75 PETTY CASH-EPCC Mileage&Parking Community Center Maintenance 150929 984 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation 150930 85 RICKETTS,LOIS Program Fee Summer Skill Development 150931 120 STEIN,MIKE Training Supplies Fire 150932 45 TIME WARNER CABLE Dues&Subscriptions City Council 150933 560 UNIVERSITY OF MINNESOTA Other Contracted Services Human Resources 150934 210 UNIVERSITY OF MINNESOTA Other Contracted Services Human Resources 150935 280 UNIVERSITY OF MINNESOTA Other Contracted Services Human Resources 150936 62 VERIZON DIRECTORIES CORP Advertising Community Center Admin 150937 36 VERIZON WIRELESS Pager&Cell Phone Police 150938 1,180 VWR INTERNATIONAL INC Capital Under$2,000 Water Treatment Plant 150939 34 WACHOLZ,ANNA Parking Permits Parking 150940 269 WILSON,JOHN D. Operating Supplies Fire 150941 7,054 XCEL ENERGY Electric Public Works/Parks 150942 153 A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance 150943 85 ACTIVAR Equipment Repair&Maint Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit 150944 896 ADOLPHKIEFER Capital Under$2,000 Oak Point Operations 150945 436 ALPHA VIDEO& AUDIO INC Other Rentals Communication Services 150946 29 AMERICAN MESSAGING Pager&Cell Phone Water System Maintenance 150947 475 AMERICAN RED CROSS Recreation Supplies Pool Lessons 150948 295 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Treatment Plant 150949 1,152 AMSAN BRISSMAN-KENNEDY Cleaning Supplies Community Center Maintenance 150950 220 ANCHOR PRINTING COMPANY Operating Supplies Reserves 150951 1,538 APPLIED ECOLOGICAL SERVICES IN Other Contracted Services 212/Charlson Rd.Intersectio 150952 529 AQUA CITY PLUMBING AND HEATING Equipment Repair&Maint Well 14 150953 124 AQUA ENGINEERING INC Repair&Maint.Supplies Park Maintenance 150954 338 AQUA LOGIC INC Other Contracted Services Pool Maintenance 150955 430 ARRINGTON POLICE DISTRIBUTORS Clothing&Uniforms Police 150956 5,850 ASPEN EQUIPMENT CO. Capital Under$2,000 Fleet Services 150957 16 ASPEN MILLS Clothing&Uniforms Police 150958 1,421 AUDIOVISUAL INC Video&Photo Supplies Communication Services 150959 293 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 150960 225 BEAL,CARLY Other Contracted Services Adult Open Gym 150961 574 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 150962 68 BERRY COFFEE COMPANY Operating Supplies Senior Center Administration 150963 232 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 150964 105 BESSER,PATRICIA Other Contracted Services Volleyball 150965 613 BIFFS INC Waste Disposal Park Maintenance 150966 88 BLACK&DECKER,USPTG Equipment Repair&Maint Water System Maintenance 150967 675 BLOOMINGTON,CITY OF Kennel Services Animal Control 150968 37 BOYER TRUCKS Equipment Parts Fleet Services 150969 2,350 BRAUN INTERTEC CORPORATION Testing-Soil Boring Utility Improvement Fund 150970 287 BRO-TEX INC Equipment Parts Fleet Services 150971 100 BROADWAY AWARDS Operating Supplies Reserves 150972 1,078 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 150973 624 BURTON EQUIPMENT INC Supplies-General Bldg Fire Station#1 150974 1,079 CAMPBELL KNUTSON,P.A. Legal WAFTA 150975 277 CARDIAC SCIENCE CORPORATION Equipment Repair&Maint Police 150976 4,473 CDW GOVERNMENT INC. Other Hardware Information Technology 150977 580 CEMSTONE PRODUCTS COMPANY Building Repair&Maint. Senior Center 150978 2,520 CLAREYS INC Safety Supplies Sewer Utility-General 150979 3,625 CORPORATE EXPRESS Office Supplies Police 150980 31 CROWN MARKING INC Office Supplies Police 150981 1,599 CRUISERS Capital Under$2,000 Fleet Services 150982 586 CRYSTEEL TRUCK EQUIPMENT Equipment Repair&Maint Fleet Services 150983 9,671 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 150984 294 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 150985 600 DECORATIVE DESIGNS INC Landscaping Water Treatment Plant 150986 8,217 DELL Other Hardware Den Road Liquor Store 150987 568 DISPLAY SALES Supplies-General Bldg General Facilities 150988 882 DOHERTY,SANDRA L Other Contracted Services Volleyball 150989 10,384 DRT TRANSPORT Other Contracted Services Lime Sludge 150990 1,340 DYNA SYSTEMS Repair&Maint.Supplies Water System Maintenance 150991 379 EARL F ANDERSEN INC Signs Traffic Signs 150992 863 ECOLAB INC Contract Svcs-Pest Control Historical Buildings 150993 187 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Manager 150994 209 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Parks Administration 150995 1,226 EF JOHNSON Equipment Repair&Maint Wireless Communication 150996 1,053 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing,Trans,&Human Sery 150997 592 FARM-RITE EQUIPMENT INC Equipment Parts Sewer System Maintenance 150998 9,367 FEDERAL SIGNAL CORPORATION Other Assets Emergency Preparedness 150999 651 FISK,APRIL Other Contracted Services Volleyball 151000 569 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Services 151001 157 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 151002 774 FORKLIFTS OF MINNESOTA INC Conference Expense Engineering Check# Amount Vendor/Explanation Account Description Business Unit 151003 3,960 FUNHOUSE CREATIVE GROUP Other Contracted Services Economic Development 151004 114 G&K SERVICES Clothing&Uniforms Fleet Services 151005 1,227 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 151006 7,777 GEOMATRIXCONSULTANTS INC Other Contracted Services WAFTA 151007 113 GIRARD'S BUSINESS SOLUTIONS IN Other Rentals Finance 151008 522 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance 151009 2,315 GRAFIX SHOPPE Capital Under$2,000 Fleet Services 151010 669 GRAINGER Building Repair&Maim. Water Treatment Plant 151011 1,394 GRAZZINI BROTHERS&COMPANY Contract Svcs-General Bldg Pool Maintenance 151012 15,235 HANSEN THORP PELLINEN OLSON Other Contracted Services Storm Drainage 151013 253 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services 151014 4,008 HAWKINS INC Chemicals Water Treatment Plant 151015 200 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 151016 1,113 HERC U LIFT Equipment Repair&Maint Fleet Services 151017 10,671 HEWLETT-PACKARD COMPANY Other Hardware Capital Impr./Maint.Fund 151018 168 HOLMES,TOM Other Contracted Services Volleyball 151019 846 HYDRO-VAC INC Other Contracted Services Sewer System Maintenance 151020 3,397 IDEXX DISTRIBUTION CORP Chemicals Water Treatment Plant 151021 4,880 IND SCHOOL DIST 272 Other Contracted Services Housing,Trans,&Human Sery 151022 350 INFRATECH Other Contracted Services Sewer System Maintenance 151023 1,910 INSIGHT PUBLIC SECTOR Other Hardware Capital Impr./Maint.Fund 151024 810 ITRON INC. Software Water Meter Reading 151025 1,052 ITS A KEEPER Training Supplies Organizational Services 151026 65 J H LARSON COMPANY Operating Supplies Den Road Liquor Store 151027 3,878 KEEPERS Clothing&Uniforms Reserves 151028 2,285 KLM ENGINEERING INC Design&Engineering Water Treatment Plant 151029 22 KNUDSON,JAMES R Other Contracted Services Softball 151030 87 KRAEMERS HARDWARE INC Cleaning Supplies Water Treatment Plant 151031 1,825 KUSTOM SIGNALS INC Equipment Repair&Maint Police 151032 921 LAB SAFETY SUPPLY INC Protective Clothing Water System Maintenance 151033 196 LAW ENFORCMENT TARGETS INC Training Supplies Police 151034 196 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 151035 455 LESCO INC Landscape Materials/Supp Park Maintenance 151036 291 LITTLE FALLS MACHINE INC Equipment Parts Fleet Services 151037 6,192 M R SIGN Signs Traffic Signs 151038 1,173 M-K GRAPHICS Operating Supplies Finance 151039 252 MARKS EDEN PRAIRIE BP Equipment Repair&Maint Police 151040 5,060 MATTS AUTO SERVICE INC Other Contracted Services DWI Forfeiture 151041 177 MAXI-PRINT INC Printing Finance 151042 517 MENARDS Cleaning Supplies Water Treatment Plant 151043 10,583 MESSERLI&KRAMER Dues&Subscriptions City Council 151044 777 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 151045 193 METRO SALES INCORPORATED* Office Supplies Police 151046 89 METROPOLITAN FORD Equipment Parts Fleet Services 151047 337 METROTECH Equipment Repair&Maint Water System Maintenance 151048 25 MIDWEST ASPHALT CORPORATION Building Repair&Maint. Cummins Grill 151049 207 MIDWEST PLAYSCAPES Repair&Maint.Supplies Round Lake 151050 45 MIKE'S SHOE REPAIR INC Protective Clothing Fire 151051 412 MINNESOTA CONWAY Safety Supplies Fleet Services 151052 186 MINNESOTA SUPPLY COMPANY Equipment Repair&Maint Fleet Services 151053 1,696 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire 151054 34 MINNESOTA WANNER COMPANY Operating Supplies Park Maintenance 151055 51 MINUTEMAN PRESS OF EAGAN Printing Fire 151056 386 MTI DISTRIBUTING INC Operating Supplies Park Maintenance 151057 35 NATIONAL WATERWORKS Repair&Maint.Supplies Water System Maintenance 151058 305 NORTHERN SAFETY TECHNOLOGY INC Capital Under$2,000 Fleet Services 151059 1,200 NORTHSTAR MUDJACKING SPECIALIS Other Contracted Services Capital Imps/Maint.Fund 151060 3,182 NORTHWEST BUSINESS SYSTEMS Other Contracted Services Telephone 151061 129 NORTHWEST RESPIRATORY SERVICE Operating Supplies Fire 151062 175 NUCO2INC Chemicals Pool Maintenance 151063 239 OLSEN COMPANIES Equipment Repair&Maint Park Maintenance 151064 573 PARK NICOLLET CLINIC Other Contracted Services Risk Management 151065 985 PERSONAL TOUCH TECHNOLOGIES IN Equipment Repair&Maint Information Technology 151066 157 PETSMART Canine Supplies Police 151067 70 POWER MUSIC INC Operating Supplies Fitness Classes 151068 595 PRAIRIE ELECTRIC COMPANY Contract Svcs-Fire/Life/Safe Police City Center 151069 181 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 151070 866 PRECISION FINISING Signs Traffic Signs 151071 102 R&R MARINE INC Equipment Parts Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 151072 159 REED BUSINESS INFORMATION Advertising Utility Improvement Fund 151073 66 REID,DEVIN M Other Contracted Services Softball 151074 54 RIDGEVIEW MEDICAL CENTER Other Contracted Services Risk Management 151075 269 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Services 151076 37 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 151077 2,269 RMR SERVICES LLC Other Contracted Services Water Meter Reading 151078 451 ROOT O MATIC Other Contracted Services Sewer System Maintenance 151079 6,809 SHORT ELLIOTT HENDRICKSON INC Improvement Contracts Utility Improvement Fund 151080 252 SHRED-IT Waste Disposal City Center Operations 151081 595 SNAP-ON TOOLS Small Tools Fleet Services 151082 5,586 SOFTWARE HOUSE INTERNATIONAL I Software Information Technology 151083 400 SONNY S BUILDING MAINTENANCE Contract Svcs-Roof Community Center Maintenance 151084 63 SOUND CLIPS INC Video&Photo Supplies Communication Services 151085 58 SOUTHERN FOLGER DETENTION Operating Supplies Police 151086 1,121 SPORTS WORLD USA INC Operating Supplies Ice Arena 151087 8,672 SRF CONSULTING GROUP INC Testing-Soil Boring 212/Charlson Rd.Intersectio 151088 19,762 ST CROIX ENVIRONMENTAL INC Other Contracted Services Water Utility-General 151089 173 ST CROIX RECREATION CO INC Repair&Maint.Supplies Park Maintenance 151090 67 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Services 151091 2,146 STEVENS ENGINEERS Building Capital Impr./Maint.Fund 151092 378 STORMS,SARAH Other Contracted Services Volleyball 151093 820 STRATUM ONE FITNESS EQUIPMENT Equipment Repair&Maint Police 151096 9,231 STREICHERS Capital Under$2,000 Fleet Services 151097 341 SUBURBAN CHEVROLET Equipment Parts Fleet Services 151098 323 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 151099 679 SUN NEWSPAPERS Legal Notices Publishing City Clerk 151100 175 SWEDLUND SEPTIC SERVICES INC Waste Disposal Outdoor Center 151101 623 TAHER INC CATERING Operating Supplies Den Road Liquor Store 151102 182 TERMINAL SUPPLY CO Equipment Parts Fleet Services 151103 358 TKDA Design&Engineering Capital Impr./Maint.Fund 151104 911 TLC CAFE&CATERING Tuition Reimbursement/School Police 151105 1,187 TRANS ALARM INC Operating Supplies Police 151106 59 TWIN CITY OXYGEN CO Repair&Maint.Supplies Water System Maintenance 151107 112 TWIN CITY SEED CO Landscape Materials/Supp Street Maintenance 151108 653 UNIFORMS UNLIMITED Clothing&Uniforms Police 151109 452 UNITED RENTALS Equipment Repair&Maint Water System Maintenance 151110 184 UNITED RENTALS(NORTH AMERICA) Contract Svcs-General Bldg Community Center Maintenance 151111 467 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 151112 64,630 VESSCO INC Equipment Repair&Maint Water Treatment Plant 151113 300 VINCE Operating Supplies Fire 151114 98 VOSS LIGHTING Supplies-Electrical Community Center Maintenance 151115 205 W P&R S MARS CO Office Supplies Water Utility-General 151116 2,640 WALL TRENDS INC Building Repair&Maint. Capital Impr./Maint.Fund 151117 992 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 151118 126 WAYTEK INC Operating Supplies Park Maintenance 151119 2,531 WESTSIDE EQUIPMENT Equipment Parts Fleet Services 151120 19,155 YALE MECHANICAL INC Contract Svcs-HVAC Community Center Maintenance 151121 2,070 ZIEBART OF MINNESOTA INC Capital Under$2,000 Fleet Services 151122 24,043 ZIEGLER INC Contract Svcs-General Bldg Public Works/Parks 1,450,156 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director May 2,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. Robert A. Lambert, Director Birch Island Park Parks and Recreation Requested Action Move to: Recommend initiating the process for developing plans for improvements to Birch Island Park. Synopsis Birch Island Park was one of the first park properties acquired by the City of Eden Prairie in the early 1970's. Since that time,the only development that has been completed is the installation of a gravel parking lot.Earlier this year,the City Council authorized plans for completing the eight-foot asphalt trails on the east and west side of County Road 4, north to the Minnetonka border. These trails will provide safe access to the park from adjacent neighborhoods. City staff are recommending the Council authorize initiating the process to develop plans for improvements to this neighborhood park. The first phase of those plans would be to call for a neighborhood meeting to obtain input from adjacent neighborhoods from the service area of that park to determine what type of improvements residents want for that park. Background In the early 1980's, City staff held a neighborhood meeting to obtain input from residents to determine how they wanted Birch Island park to be improved. The general consensus from the residents who were in attendance(mainly residents west of Eden Prairie Road and along Kurtz Lane) were that they did not want any improvements to the park, because improvements would"attract noisy users". The residents indicated that most of their children had grown up and did not need things like a playground, court games, etc. and they preferred to leave the park just as it was. Of the few neighbors that showed up to those meetings who had young children, all agreed that there need be no improvements to the park until trails were provided adjacent to both sides of County Road 4, so kids could safely get to the park. In 2005,the City approved funds in a referendum for park improvements and trail improvements. The number one priority for use of the trail funds were to complete the eight-foot trails on both sides of County Road 4,north to the trail on the south side of County Road 62. The trail on the east side of Birch Island Park May 2, 2006 Page 2 County Road 4 will cut through Birch Island Park and connect to the trail along County Road 62, through County-owned property. The location of this trail triggers two issues: 1. Now that the adjacent neighborhoods will be provided safe bicycle and pedestrian access to their neighborhood park,we should pose the question to see if the neighbors would like to have some park improvements. 2. If there are going to be park improvements,we should make sure the trail through the park does not preclude some of those desired improvements;therefore, we should have a park plan that accommodates the proper location for the trail. City staff would recommend starting the process with a public meeting, getting input from residents, and then if residents do desire some improvements, staff would recommend tying that park improvement project into some of the other park improvement projects that will be bid later this year for construction in 2007.