Loading...
HomeMy WebLinkAboutCity Council - 01/02/2007 AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 2, 2007 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Councilmembers Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. SWEARING IN OF MAYOR PHILIP YOUNG AND COUNCILMEMBERS JON DUCKSTAD AND KATHY NELSON IV. COUNCIL FORUM INVITATION V. PROCLAMATIONS /PRESENTATIONS VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VII. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 19, 2006 B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 19, 2006 VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 4 SECTION 4.07 RELATING TO RESTRICTIONS AND REGULATIONS FOR LIQUOR LICENSEES C. ADOPT RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS D. ADOPT RESOLUTION DESIGNATING DEPOSITORIES E. ADOPT RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS F. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS CITY COUNCIL AGENDA January 2, 2007 Page 2 G. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE H. ADOPT RESOLUTION AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL I. ADOPT RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY J. ADOPT RESOLUTION ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2007 K. ADOPT RESOLUTION DESIGNATING OFFICIAL CITY NEWSPAPER L. ADOPT RESOLUTION EXTENDING CONDITIONAL USE AGREEMENT NO. A12099 WITH HENNEPIN COUNTY FOR ELECTRONIC GEOGRAPHICAL DIGITIZED DATE M. APPROVE CHANGE ORDER NO. 3 FOR MITCHELL ROAD/ TECHNOLOGY DRIVE IMPROVEMENTS, I.C. 005508 IX. PUBLIC HEARINGS /MEETINGS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS A. RESOLUTION DESIGNATING OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE CITY COUNCIL IN 2007 AND APPOINTING ACTING MAYOR B. RESOLUTION APPOINTING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2007 C. APPOINTMENT OF MAYOR YOUNG AS DELEGATE AND COUNCILMEMBERS AS ALTERNATES TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES D. APPOINTMENT OF MAYOR YOUNG AS DELEGATE AND COUNCILMEMBERS AS ALTERNATES TO THE NATIONAL LEAGUE OF CITIES CITY COUNCIL AGENDA January 2, 2007 Page 3 E. APPOINTMENT OF MAYOR YOUNG TO THE MUNICIPAL LEGISLATIVE COMMISSION F. APPOINTMENT TO SOUTHWEST CORRIDOR COMMISSION G. APPOINTMENT TO SOUTHWEST CABLE TV COMMISSION H. APPOINTMENT TO EDEN PRAIRIE FOUNDATION I. APPOINTMENT TO I-494 CORRIDOR COMMISSION J. APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE K. APPOINTMENT OF EDEN PRAIRIE CITY COUNCIL REPRESENTATIVE TO SOUTHWEST TRANSIT BOARD FOR A THREE-YEAR TERM L. APPOINTMENT OF ASSISTANT WEED INSPECTOR XV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Construction Management Services Contract for Community Center Expansion/Round Lake Park Improvements/Birch Island Park Improvements E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT UNAPPROVED MINUTES I ITEM NO.: VILA. CITY COUNCIL & CHAMBER OF COMMERCE BOARD WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY, DECEMBER 19, 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, Deputy Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, Economic Development Manager David Lindahl, Assistant to the City Manager Michael Barone, and Recorder Lorene McWaters CHAMBER OF COMMERCE: Pat Mulqueeny, President; Board Members Jo Freese, Tim Samuelson, Dick Ward, Zane Birky, Dave Ward, Tony Owings, Vicki Brown, Cindy Daniels Heritage Room H I. JOINT MEETING OF THE CITY COUNCIL AND CHAMBER OF COMMERCE A. INTRODUCTIONS B. CHAMBER GOVERNANCE STRUCTURE Pat MulQueeny said the Chamber consists of about 400 members and a Board of Directors. Three full-time staff members support the organization and they are considering adding a half-time communications associate. MulQueeny said Board Members typically come up through the committee structure and that most of the organizations' work is done through the committee structure. The Board approves resolutions that are passed mainly through the Government Committee. C. CHAMBER/CITY INTERACTION Economic Development Manager David Lindahl said he currently serves on the Business Development and Gala committees. City staff is called in as needed for consultation on the Chamber's Government Committee. Over the past several years, the Chamber has invited the City to present a State of the City address in January. City staff regularly attends Chamber luncheons and assists with ribbon cutting ceremonies. The Chamber has also participated on a number of City Task Forces, including the Golden Triangle Area study, the Major Center Area study, and the Wayfinding Committee. Recently the City and the Chamber assisted SuperValu in providing community information to a subsidiary that will be transferring several hundred employees from Boise, Idaho, to SuperValu's Eden Prairie office. D. THE YEAR AHEAD The Chamber has made several key changes to the upcoming State of the City event, which will be held on January 18. To encourage more public participation, the event is being held in the early evening in the Garden Room at City Center and it will include presentations by both the City and the School District. Council Chamber III. OPEN FORUM A. APPRECIATION OF YEARS OF SERVICE FOR MAYOR TYRA- LUKENS AND COUNCILMEMBER CASE The following individuals expressed thanks to Mayor Tyra-Lukens and Councilmember Case for their 12 years of service on the City Council: ■ Jeff Strate - Friends of Birch Island Woods ■ Cheryl Loose - Supporter of off-leash pet areas ■ Cheryl Larson—Resident ■ Cindy Stever—Eden Prairie High School ■ Lou Ellingson—Veterans Memorial Committee ■ John Mallo—Flag Policy ■ Nina Mackay —Heritage Preservation Commission ■ Bob & Rita Krocak— Supporters of neighborhood, wetlands and open space ■ Donna Ventura—Sierra Club member, supporter of environmental stewardship ■ Marcus Johnson—Friends of Birch Island Woods ■ Tommy Johnson—Buckthorn Busters ■ Phil Zackis —Red Rock Lake neighborhood ■ Phil Morton—Edenvale Conservation Group ■ Steve Chelesnick—Bent Creek Open Space Group ■ Jan Anderson—Aggregate Action ■ Jeanne Zetah—Eden Prairie Community Education ■ Gary Diamond—Trails without Rails ■ Bill Clark and Floyd Hagen—Zero Expansion ■ Deborah Plum—Clean Indoor Air ■ Les & Cindy Ellis —Family of former Mayor Jean Harris ■ Isis Stark—American Cancer Society ■ Eric Smally—Central Middle School student ■ Johann Quie—University of Minnesota student, former student of Councilmember Case ■ Cathy Case & Family ■ Gardner Gay—ABC House ■ Carol Bomben—Eden Prairie School Board ■ Bette Anderson—PROP Board ■ Jeff Lukens & Family IV. OPEN PODIUM IV. ADJOURNMENT ITEM NO.: VILB. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING MONDAY, DECEMBER 19, 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 Roger Pauly and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Tyra-Lukens called the meeting to order at 7:20 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens reordered the agenda, placing Report of the Parks and Recreation Director before the Reports of the City Manager and Councilmembers. MOTION: Case moved, seconded by Butcher, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. TOWN HALL MEETING HELD TUESDAY, NOVEMBER 28, 2006 MOTION: Young moved, seconded by Aho, to approve the Town Hall Meeting minutes as published. Motion carried 5-0. B. COUNCIL WORKSHOP HELD MONDAY, DECEMBER 4, 2006 MOTION: Aho moved, seconded by Young, to approve the Council Workshop minutes as published. Motion carried 5-0. C. TRUTH IN TAXATION HEARING HELD MONDAY, DECEMBER 4, 2006 CITY COUNCIL MINUTES December 19, 2006 Page 2 MOTION: Butcher moved, seconded by Case, to approve the Council Workshop minutes as published. Motion carried 5-0. D. CITY COUNCIL MEETING HELD MONDAY, DECEMBER 4, 2006 MOTION: Case moved, seconded by Butcher, to approve the City Council minutes as published. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. TWIN CITY CO-OP FEDERAL CREDIT UNION by Twin City Co-op Federal Credit Union. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service District on 1.48 acres, Resolution for Site Plan Review on 1.48 acres. Location: 8577 Columbine Road. (Ordinance No. 30-2006 for PUD-20-2006 District Review with waivers and Zoning District Amendment, Resolution No. 2006-142 for Site Plan Review) C. LOCK UP STORAGE FACILITY by BRB Development. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Rural to Commercial Regional Service on 2.11 acres, Resolution for Site Plan Review on 2.11 acres. Location: 12995 Valley View Road. (Ordinance No. 31-2006 for PUD-21-2006 District Review with waivers and Zoning District Change, Resolution No. 2006-143 for Site Plan Review). D. APPROVE SECOND READING OF ORDINANCE NO. 29-2006 ESTABLISHING A FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND ADOPT RESOLUTION NO. 2006-144 APPROVING SUMMARY ORDINANCE E. ADOPT RESOLUTION NO. 2006-145 APPROVING FINAL PLAT OF EDEN BLUFF HIGHLANDS 4TH ADDITION F. ADOPT RESOLUTION NO. 2006-146 APPROVING FINAL PLAT OF HORIZON PLACE 2ND ADDITION G. APPROVE CHANGE ORDER NO. 1 FOR RECONSTRUCTION OF LIFT STATION NO. 2 (SUPERVALU) H. APPROVE SUBMITTAL OF DRAFT DISCRETIONARY ENVIRONMENTAL ASSESSMENT WORKSHEET FOR OAK CREEK AT HENNEPIN VILLAGE TO THE ENVIRONMENTAL QUALITY BOARD AND OTHER INTERESTED PARTIES FOR PUBLIC REVIEW CITY COUNCIL MINUTES December 19, 2006 Page 3 I. AWARD CONTRACT FOR MAINTENANCE MATERIALS AND WATER TREATMENT CHEMICALS FOR 2007, I.C. 07-5689 J. ADOPT RESOLUTION NO. 2006-147 APPROVING TRAFFIC CONTROL SIGNAL AGREEMENT WITH MNDOT FOR THE MITCELL ROAD/LONE OAK ROAD TRAFFIC SIGNAL, I.C. 06-5675 K. APPROVE CONSULTING SERVICES AGREEMENT WITH VIRCHOW KRAUSE & CO. TO PERFORM AN IT SERVICES ASSESSMENT OF THE CITY'S LOGIS SERVICES, I.C. 06-5675 L. APPROVE AGREEMENT TO PROVIDE WEB SITE SERVICES FOR THE CITY OF EAGAN M. AUTHORIZE EXPENDITURE OF $7,450 FROM THE 2007 CAPITAL IMPROVEMENT PROGRAM FOR SIGNS IN THE RICHARD T. ANDERSON CONSERVATION AREA N. ADOPT RESOLUTION NO. 2006-148 TO PETITION RILEY- PURGATORY-BLUFF CREEK WATERSHED DISTRICT FOR MITCHELL LAKE WATER QUALITY IMPROVEMENT PROJECT, I.C. 06-5679 O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING FOR TECHNOLOGY DRIVE STREETSCAPE, I.C. 07-5691 P. APPROVE HARDWARE MAINTENANCE AGREEMENT WITH HONEYWELL FOR MAINTENANCE OF INSTRUMENTATION SYSTEMS FOR THE WATER UTILITY Q. DECLARE OBSOLETE COMPUTER EQUIPMENT SURPLUS R. APPROVE THE AMENDED JOINT AND COOPERATIVE AGREEMENT WITH SOUTHWEST SUBURBAN CABLE COMMISSION S. APPROVE AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND CHILDREN'S WORLD,A LOCAL CHILD CARE PROVIDER T. APPROVE FIRST AMENDMENT TO THE AFFORDABLE HOUSING AGREEMENT FOR THE EAGLE RIDGE AT HENNEPIN VILLAGE 6Tx ADDITION MOTION: Young moved, seconded by Case, to approve Items A-T on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS CITY COUNCIL MINUTES December 19, 2006 Page 4 A. JOINT HRA AND CITY COUNCIL PUBLIC HEARING ON TAX INCREMENT FINANCING (TIF) PROPOSAL FOR WINDSOR PLAZA/ TOWN CENTER PHASE I (Resolution No. 2006-149) Neal explained the purpose of establishing a Redevelopment District is to help defray costs associated with the redevelopment of a five-acre area located between Singletree Lane and Regional Center Drive along TH212 across from the Eden Prairie Center for a new mixed-use development to include about 137,000 square feet of office,retail, two restaurants, and a 437 space parking ramp, as well as a new Bobby & Steve's gas and service facility. Staff recommends the City Council consider creating a "pay as you go" Redevelopment District with a 25- year term and provide a maximum of$4,500,000 million to close the estimated financing gaps with the proposed project. Jeremiah said the Planning Commission recommends approval of the project at this time, though a public hearing still needs to be held before the Planning Commission. Details of the plan and the TIF proposal will come before the Council at the January 16a'meeting. The proposal is not binding until the Council approves the details. Jay Scott of Solomon Real Estate group and project architect Brian Hutz presented an overview of the project. A five-story building with first-floor retail capped by four floors of office space and flanked by two restaurants is the focal point of the project. The office building will have a lower-level parking ramp. A new Bobby & Steve's facility will be built in a similar style. Tyra-Lukens asked if both projects would be built concurrently and the developer said yes. COUNCIL MOTION: Young moved, seconded by Case, to close the City Council Public Hearing and adopt Resolution No. 2006-149 relating to Redevelopment Project Area No. 5 and Tax Increment Financing (Redevelopment) District No. 21; and approving a Project Plan and Tax Increment Financing Plan. Motion carried 5-0. B. PUBLIC HEARING FOR LAYOUT APPROVAL AND MUNICIPAL CONSENT FOR I-494/TH 169 AND TH 169/VALLEY VIEW ROAD INTERCHANGE IMPROVEMENTS, I.C. 01-5549 (Resolution No. 2006- 150) Young exited the meeting. Neal noted Councilmember Young had recused himself from discussing or voting on this matter as his firm represents a client involved. Neal said that pursuant to State Statute Section 161.164, a public hearing is required for consideration of layout approval and municipal consent for the I-494 /TH 169 and TH 169 /Valley View Road interchange improvements. As required, a 30-day public notice was published on November 16, 2006 in the Sun CITY COUNCIL MINUTES December 19, 2006 Page 5 Current. Notices were also sent to property owners within the entire Golden Triangle area, as well as owners along West 78"' Street. An Open House was held on November 30, 2006 at Braemar Golf Course in Edina. Victoria Mill of the Minnesota Department of Transportation (MnDOT) gave an overview of the interchange project. The total budget is $116 million (not counting the cost of right-of-way), with the City portion being $3.1 million. At current funding levels, work would not begin until 2016, although the project could start as early as late 2008 with additional funding. The interchange project removes three signals from TH 169 as well as the northwest loop. Washington Avenue would be extended over a bridge. Computer models were used on the roundabouts to design the best flow and account for the large number of trucks in the area. MnDOT received public input throughout the process through hearings and also met individually with several businesses. Dietz said the project salvages key elements of the original bonding and will result in a much better intersection than before. Extending Washington Avenue over I-494 is a big benefit and the plan will also save the Valley View Road intersection from failure. Roundabouts are new in Eden Prairie but these have been expertly designed. Dietz noted both the City and MnDOT could make a final decision on right-of-way for trails at a later date, and emphasized the project cost could vary considerably depending on what year the work is done. Dietz noted the revised resolution contains language addressing the concerns of Douglas Corporation, which needs to get 62-foot trucks in and out of its facility. Douglas' request for an additional lane is probably not warranted, though the project will make other accommodations. The City is already committed to make radius improvements to the NE corner of Valley View Road and Shady Oak Road this summer. Butcher noted Douglas Corporation had concerns about the number of trucks as well as their size. She asked if any count had been made of trucks exiting the facility during rush hour. Dietz said Staff counted about 25-30 trucks entering and exiting, scattered throughout the day. Case asked if the roundabouts were critical to the design, and if the intersection could be converted back to signals. Dietz said the roundabouts are integral to the improvements at Valley View Road. Returning to signals would be extremely costly. Aho asked if Staff had tracked employee vehicle traffic as well. With the road changing from two lanes to four and without the signal to interrupt the flow of traffic, exiting the facility could be difficult. Dietz said Staff observed the shift change at approximately 5:30. The afternoon rush traffic is mostly outbound so there should be sufficient gaps, especially for passenger vehicles. CITY COUNCIL MINUTES December 19, 2006 Page 6 MOTION: Case moved, seconded by Butcher, to close the public hearing and adopt Resolution No. 2006-150 approving the proposed layout for I-494 /TH 169 and TH 169/Valley View Road interchange improvements, as outlined in the complete text of the resolution. Motion carried 4-0. IX. PAYMENT OF CLAIMS Young returned to the meeting. MOTION: Butcher moved, seconded by Case, to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho, Butcher, Case, Young and Tyra-Lukens voting "aye." X. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 4 SECTION 4.07 RELATING TO RESTRICTIONS AND REGULATIONS FOR LIQUOR LICENSEES Neal said this is an ordinance amending Chapter 4 to prohibit public nudity or partial nudity of persons within alcoholic beverage licensed premises. The intent is to fill a gap in the City Ordinance regarding this activity. MOTION: Aho moved, seconded by Butcher, to approve first reading of an Ordinance amending City Code Chapter 4 Section 4.07 relating to restrictions and regulations for liquor licensees and adopting by reference City Code Chapter 1 and Section 4.99 which among other things contain penalty provisions. 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 1. Councilmember Case - Final Comments Case said he believed he had made a difference for residents during his time on the Council and sought to make government responsive to individuals. During this time, the Council blocked tolls,played a pivotal role in the smoking ban, terminated a City Manager and hired an excellent one, negotiated with the MAC on Flying Cloud Airport, and helped get affordable townhomes built. The City has a great tax base, diverse CITY COUNCIL MINUTES December 19, 2006 Page 7 housing stock, great parks, and low taxes. Case cautioned that Eden Prairie has not become a quality community by taking the cheapest path. Investments are still needed to create an art center, provide a third sheet of ice, maintain Bent Creek Golf Course as open space, support community theater and heritage projects, and to protect the City's air, water, and landscapes. Everyone wants lower taxes with no cuts in services,but when specific cuts are on the table,residents speak out in favor of their quality of life. Case thanked Staff and his family and said he would always find ways to serve. 2. Mayor Tyra-Lukens - Final Comments Tyra-Lukens said she believed Eden Prairie is the best City in the state. In recent years, the Council has seen Southwest Metro Transit grow into a premier agency, provided input to the LRT planning process, protected parks and open space, helped pass a parks referendum, seen Eden Prairie Center develop into a regional mall, and improved relationships with businesses. In fact, Eden Prairie has 13 of Minnesota's largest corporations, a number only exceeded by Minneapolis with 14. The City also added a capital improvement program, improved communications and public safety, and re-established a Conservation Commission. These many accomplishments have been made possible with Council oversight of Eden Prairie's consistently excellent staff. Tyra-Lukens expressed many hopes for the City, including the implementation of a pedestrian-friendly Major Center Area, the Elizabeth Ellet trail, a baseball stadium, the Veterans Memorial, the 20-40-15 plan, and a Community Center that makes residents proud. The City should also continue to be proactive in regional and legislative issues. Successful Councils put personal differences and political aspirations aside and have a shared vision for their City informed by broad community input. Tyra- Lukens thanked Staff, her supporters and her family. B. REPORT OF CITY MANAGER 1. 2007 Property Tax Levy, 2007 General Fund Budget, and 2007 HRA Tax Levy (Resolution No. 2006-151) Neal noted that on September 5, 2006, the Eden Prairie City Council adopted a resolution certifying the proposed 2007 City property tax levy. Calculations for the City showed the certified levy to be $31,086,333. The City considers its total net levy to be the amount further reduced by the Fiscal Disparities distribution of($1,369,663). Accordingly, the City's resolution shows a net levy of$29,716,670. According to state statute, the final levy amount must be certified to the county auditor by December 27, CITY COUNCIL MINUTES December 19, 2006 Page 8 2006. City Council adoption of the final levy and budget is needed to complete this process. Case said that despite assertions made by the Taxpayers Alliance, Eden Prairie property taxes are low both compared to other cities and to comparable homes in other states. Broadcasting unrealistic assessments of tax levels to realtors and the public could hurt property values. City budgets have grown at rates far below market gains and far below growth plus inflation. The City accounted for just 0.825% of the property tax increase this year. The Council has been fiscally responsible. Aho noted he had voted against the budget but acknowledged it is a two- year process. The Council did not adopt some feasible reductions. Performance is good but the Council needs to always look to lower costs and provide value. Butcher said many residents don't understand the city implicit tax deflator and asked Kotchever to explain it. Kotchever said it is a federal factor similar to a consumer price index,but pegged to items that cities purchase. When levy limits are in place, it is used as a cap. The city implicit price deflator was 6.2% this year. Butcher said the Council has prudently reviewed all budgets. The process is complex but a major responsibility of the Council. Suggestions brought by individuals were all carefully examined. The City has an award-winning budget process. Young concurred with Aho's comments and said public participation in the budget process is always a good thing. Tyra-Lukens said she was comfortable with the budget. Staff has been very responsive over the years in looking for savings. The budget reflects choices about what the community values and is very efficient. MOTION: Butcher moved, seconded by Case, to adopt Resolution No. 2006-151 certifying the 2007 Property Tax levy to be $31,086,333; approve the 2007 Budget of$39,061,313 as reviewed by the Council; and consent and approve the HRA tax levy of$200,000. Motion carried 5-0. 2. 20-40-15 Enemy Efficiency Plan Neal announced the launch of a new 20-40-15 energy efficiency plan for the City. The goal is to increase building efficiency by 40% and vehicle efficiency by 20% by 2015. All employees will engage to find energy savings. 3. Successful Charitable Giving Campaisn CITY COUNCIL MINUTES December 19, 2006 Page 9 Neal reported the charitable giving campaign drew 99 participants (vs. 56 last year) and netted almost$15,000, a 39% increase over last year. 4. Community Center Update Neal said the City would hire a formal construction manager to manage the Community Center improvements,rather than a general contractor. This route should provide more control of timing and more value. A competitive selection process is under way and a contract will be brought to the Council in January. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Baseball Association Request for Round Lake Baseball Field Stadium Lambert said the Baseball Association is proposing the City develop a bid alternate for a 380-seat stadium at the relocated baseball field at Round Lake Park. The estimated cost for the 380-seat stadium is approximately $442,000. The Baseball Association is willing to donate $200,000 for this project. City funding for the remaining cost would come from park dedication fees. The Parks, Recreation and Natural Resources Commission unanimously recommended approval of this project at their December 4"'meeting. Case applauded the concept and the Baseball Association's proposed contribution. MOTION: Case moved, seconded by Butcher, to approve the add alternate to the Baseball Field bid to include construction of a stadium, provided the Baseball Association contributes $200,000 toward the project. Motion carried 5-0. 2. Round Lake Water Ouality Report & Round Lake Beach 2007 Lambert noted the City hired Steve McComas of Blue Water Science to study Round Lake, make recommendations for water quality improvement, and help determine whether to open the beach in 2007. McComas shared findings of his report. Round Lake water quality for the last two years has been well within the State lake water quality goals for recreational swimming,both for water clarity (as measured with a Secchi disk) and fecal coliform. Nutrient status classifies Round Lake as an "unimpaired lake." The beach could have legally been open all last summer. Fish and aquatic plant populations are also healthy. To maintain water quality, the City is placing barley straw in ponds to lower phosphorous content before water enters the main lake. McComas said the City's goose control program has also been effective and that geese CITY COUNCIL MINUTES December 19, 2006 Page 10 have no adverse impact on either the nutrient content or the fecal coliform in the lake. The report contains a proposed five-year maintenance program to maintain water quality in the lake. MOTION: Case moved, seconded by Butcher, to recommend the City Council budget$25,000 for Round Lake water quality management in 2007 and $35,000 for Round Lake Beach operations during the summer of 2007. Funding source for the water quality management should come from the storm water management fund; and funding for the beach operations from the general fund. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Case, to adjourn the meeting. The meeting adjourned at 8:50 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILA. 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. New Liquor License Licensee name: Sky Food Catering Inc DBA: Sky Food Catering The Garden Room— 8080 Mitchell Road 2007 Renewal Licenses Commercial Kennel Anderson Lakes Animal Hospital Private Kennel Cheryl Poling —3 dogs Nancy Parker— 5 dogs - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILB. Scott H. Neal, City Manager Ordinance Amending City Code Chapter 4 Section 4.07 Relating to Restrictions and Regulations for Liquor Licensees Requested Action Move to: Approve second reading of an Ordinance amending City Code Chapter 4 Section 4.07 relating to restrictions and regulations for liquor licensees and adopting by reference City Code Chapter 1 and Section 4.99 which among other things contain penalty provisions Synopsis This is an ordinance amending Chapter 4 to prohibit public nudity or partial nudity of persons within alcoholic beverage licensed premises. First reading of this ordinance was approved at the December 19, 2006, Council meeting. Attachments Proposed Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRE, MINNESOTA, AMENDING CITY CODE CHAPTER 4 SECTION 4.07 RELATING TO RESTRICTIONS AND REGULATIONS FOR LIQUOR LICENSEES AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The City Council of the City of Eden Prairie, Minnesota, ordains: WHEREAS, it is in the best interest of the public health, safety and general welfare of the people of the City of Eden Prairie that certain types of entertainment, be prohibited upon a licensee's premises so as to best protect and assist the owners, employees and patrons thereof and the public in general, City Code Chapter 4 is amended as follows: Section 1. City Code Section 4.07, Subdivision 1 is amended by adding item L as follows: L. Licensee to employ, hire, allow or permit any person to dance or perform, or remain in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the breast below the top of the areola, or any of any portion of the pubic hair, anus, cleft of the buttocks, or genitals. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to Entire City Code including Penalty for Violation" and Section 4.99 entitled violation a Misdemeanor" are hereby adopted in their entirety by reference as through repeated verbatim herein. Section 3. 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 19d' day of December, 2006, and finally read and adopted and ordered published at the regular meeting of the City Council of said City on the 2nd day of January, 2007. Kathleen Porta, City Clerk Philip Young, Mayor PUBLISHED in the Eden Prairie Sun Current on the day of January, 2007. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILC. Sue Kotchevar, Office of the A Resolution Authorizing City Officials to City Manager/Finance Transact Banking Business Requested Action Move to: Adopt the resolution authorizing the persons holding the office as Mayor, Manager and Treasurer or Deputy Treasurer to act for the City of Eden Prairie in the transaction of any banking business with the official depositories. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS BE IT RESOLVED, that the persons holding office as Mayor, Manager, and Treasurer of the City of Eden Prairie,be and they hereby are, authorized to act for the City in the transaction of any banking business with the official depositories (hereinafter referred to as the banks). Such written notice to the bank to the contrary, to sign checks against said account, which checks will be signed by the Mayor, Manager and City Treasurer or Deputy Treasurer. The bank is hereby authorized and directed to honor and pay any check against such account which is signed as above described, whether or not said check is payable to the order of, or deposited to the credit of, any officer or officers of the City including the signer or signers of the check. BE IT FURTHER RESOLVED, that the Acting Mayor be authorized to sign checks as an alternate for the Mayor and the Deputy Treasurer be authorized to sign checks as an alternate for the Treasurer. ADOPTED by the City Council of the City of Eden Prairie this 2nd day of January, 2007. Philip Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILD. Sue Kotchevar, Office of the A Resolution Designating Depository City Manager/Finance Requested Action Move to: Adopt the resolution designating US Bank of Eden Prairie as the official depository for the public funds of the City of Eden Prairie. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION DESIGNATING DEPOSITORY BE IT RESOLVED, that US Bank of Eden Prairie of Minnesota, authorized to do banking business in Minnesota, be and hereby designated as the Official Depository for the Public Funds of the City of Eden Prairie, County of Hennepin, Minnesota. The City Treasurer shall maintain adequate collateral for funds in the depository. ADOPTED by the City Council of the City of Eden Prairie on the 2nd day of January, 2007. Philip Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILE. Sue Kotchevar, Office of the A Resolution Authorizing use of Facsimile City Manager/Finance Signatures by Public Officials Requested Action Move to: Adopt the resolution authorizing the use of facsimile signatures of the Mayor, the City Manager and the Treasurer on checks, drafts, warrants, vouchers or other orders on public funds deposited. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS BE IT RESOLVED, that the use of facsimile signatures by the following persons: Philip Young, Mayor Scott H. Neal, City Manager Susan Kotchevar, Treasurer on checks, drafts, warrants, vouchers or other orders on public funds deposited hereby is approved and that each of said named persons may authorize the depository bank to honor any such instrument bearing her/his facsimile signature in such form as she/he may designate and to charge the same to the account in said depository bank upon which drawn, as fully as though it bore her/his manually written signature and that instruments so honored shall be wholly operative and binding in favor of said depository bank although such facsimile signature shall be affixed without her/his authority. ADOPTED by the City Council of the City of Eden Prairie on this 2nd day of January, 2007. Philip Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILF. Sue Kotchevar, Office of the A Resolution Authorizing the Treasurer or Deputy City Manager/Finance Treasurer to Invest City of Eden Prairie Funds Requested Action Move to: Adopt the resolution authorizing the City Treasurer or Deputy Treasurer to invest City of Eden Prairie funds. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS BE IT RESOLVED,by the City Council of the City of Eden Prairie, County of Hennepin, that the City Treasurer or Deputy Treasurer is authorized to invest City of Eden Prairie funds with any bank, or other financial institution authorized to do business in the State of Minnesota in Certificates of Deposit, U.S. Government Notes and Bills, obligations of the State of Minnesota or any of its subdivisions, Federal Government Agency Bonds and Notes, Saving Accounts and Repurchase Agreements and any other security authorized by law. The City Treasurer shall maintain adequate collateral for funds deposited. ADOPTED by the City Council of the City of Eden Prairie on this 2nd day of January, 2007. Philip Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILG. Sue Kotchevar, Office of the A Resolution Authorizing the Treasurer or Deputy City Manager/Finance Treasurer to Make Electronic Fund Transfers for the City of Eden Prairie Requested Action Move to: Adopt the resolution authorizing the City Treasurer or Deputy Treasurer to make electronic fund transfers for the City of Eden Prairie. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR THE CITY OF EDEN PRAIRIE BE IT RESOLVED,by the City Council of the City of Eden Prairie, County of Hennepin, that the City Treasurer or Deputy Treasurer is authorized to make electronic fund transfers with any bank, or other financial institution authorized to do business in the State of Minnesota, for investments of excess cash, payment of bond principal, bond interest and a fiscal agent services charges, monthly sales tax, state payroll withholdings and other banking transactions deemed appropriate by the Treasurer or Deputy Treasurer. ADOPTED by the City Council of the City of Eden Prairie on this 2nd day of January, 2007. Philip Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILH. Sue Kotchevar, Office of the Adopt A Resolution Authorizing Payment of City Manager/Finance Certain Claims by the Finance Department Without Prior Council Approval Requested Action Move to: Adopt a resolution authorizing payment of certain claims by the Finance Department without prior Council approval. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL BE IT RESOLVED, that the following types of claims may be paid by the City Manager, Treasurer, or Deputy Treasurer, without prior approval by the City Council. Contracted items (utilities, rent, land, school, conference and related travel expenses, easements, construction, etc.) Payroll Liabilities Refunds Postage Programmed Professional Performances Petty Cash Invoices which offer discounts or have interest added Licenses and Fees Payments to vendors not allowing charge accounts Tickets paid by registration fees Motor vehicle registrations Employee expenses Insurance Amounts due to other government agencies Liquor store inventory items Police "buy" money Payments to comply with agreements,purchases, or which provide invoices which contain a fixed time for payment ADOPTED by the City Council of the City of Eden Prairie on this 2nd day of January, 2007. Philip Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILI. Office of City Manager Resolution Appointing Commissioners to the Eden Prairie Housing and Redevelopment Authority Requested Action MOTION: Move to adopt the resolution appointing City Councilmembers to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Philip Young as Chair; Scott Neal as Executive Director and as Secretary for calendar year 2007. Synopsis This appointment requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY WHEREAS, the Mayor has the authority to appoint the members of the Eden Prairie Housing and Redevelopment Authority (HRA); and WHEREAS, the Mayor has appointed the members of the Eden Prairie City Council, to- wit: Brad Aho, Sherry Butcher, Jon Duckstad, Kathy Nelson and Philip Young, to serve as the commissioners of the Eden Prairie HRA for terms of office concurrent with their terms as members of the Council; and WHEREAS, the Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie (HRA) have authority to make appointments. NOW THEREFORE, BE IT RESOLVED, that the City Council affirms the appointments made for the terms set forth above and hereby appoints Philip Young as Chair; Scott Neal as Executive Director and _as Secretary of calendar year 2007. ADOPTED,by the City Council of the City of Eden Prairie, on the 2nd day of January, 2007. Philip Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Resolution Designating the Official VIII.J. Office of City Manager Meeting Dates, Time and Location for Board and Commission Meetings in 2007 Requested Action Move to: Approve Resolution designating the official meeting dates, time and location for City Council appointed Boards and Commissions during 2007. Synopsis The schedule of regular meetings for the City's Boards and Commissions is established by the City Council on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND LOCATION FOR CITY COUNCIL APPOINTED BOARDS & COMMISSIONS IN 2007 BE IT RESOLVED, that the City Council of the City of Eden Prairie, Minnesota and the City Council appointed Boards and Commissions will meet at 7:00 p.m. in the Eden Prairie City Center, 8080 Mitchell Road,Eden Prairie,Minnesota as scheduled below. The Human Rights and Diversity Commission will meet at the EP Center Mall, Housing and Human Services Office. Additional workshops may be called if determined necessary by the Commission Chair and the Staff Liaison. Any regularly-scheduled meeting which occurs on a day when elections are held within the city limits of Eden Prairie will begin at 8:00 p.m. Robert's Rules of Order will prevail. Board / Commission Scheduled Meeting Dates Board of Appeal and Equalization Thursday, April 19, and Tuesday, May 8 Arts &Culture Commission 2nd Monday Conservation Commission 2nd Tuesday Flying Cloud Airport Advisory Commission 2nd Thursday of odd months Heritage Preservation Commission 3rd Monday (January &February—4th Monday) Human Rights &Diversity Commission 2nd Tuesday(no meeting in July or August) Parks, Recreation&Natural Resources V Monday Commission Planning Commission 2nd and 4th Mondays ADOPTED by the Eden Prairie City Council this 2nd day of January 2007. Philip Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILK. Office of City Manager Designation of Official City Newspaper Requested Action Move to: Adopt Resolution designating the Eden Prairie Sun Current as the official City newspaper for the year 2007. Synopsis This designation is required on an annual basis. State Statutes requires the City to designate the Sun Current as the official newspaper because they have a primary office in Eden Prairie and the Eden Prairie News does not. Attachments Resolution Letter from Jeffrey Coolman, Vice President, Sun Newspaper CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION DESIGNATING THE OFFICIAL CITY NEWSPAPER BE IT RESOLVED,by the City Council of the City of Eden Prairie, Minnesota that the Eden Prairie Sun Current be designated as the official City newspaper for the year 2007. ADOPTED by the City Council of the City of Eden Prairie, on this 2nd day of January, 2007. Philip Young, Mayor ATTEST: Kathleen Porta, City Clerk November 15, 2006 newspapers City of Eden Prairie City Council 8080 Mitchell Road Eden Prairie, MN 55344-2230 Dear City Council Members: The Eden Prairie Sun-Current would like to be considered for designation as the legal newspaper for the City of Eden Prairie for the upcoming year. All published legal notices are posted on our website (www.mnsun.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broaden the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun-Current is our home delivery. Sun Newspapers has become the primary source of community news in the suburbs.Your notices in our paper have the best chance of being seen and read. We would like to continue working with you, therefore, we will not be making a rate change for the coming year. The rate structure for legals effective the first of the year will be: 1 column width: $14.30 per inch for first insertion $7.15 per inch for subsequent insertions Our columns are 14 picas wide There are 11 lines per inch Two notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2:00 p.m. the Friday prior to publication. E-mailing the legal notices is an efficient and accurate way of getting the notices to us.The e-mail address for the legal department is sunlegals@acnpapers.com. We still accept notices on disk, faxed or through the mail. If you require more information to make your decision, please contact me or Mary Ann Carlson, our Legal Representative, at 952-392-6829. Thank you for considering the Sun-Current as the official newspaper for the City of Eden Prairie for the upcoming year. We appreciate the opportunity to serve the needs of your community. Sincerely, Jeffrey Coolman Vice President and Group Publisher 10917 VALLEY Vww ROAD 0 E'DEN PRAnuE 0 Mrwsm 55344 0 952-829-0797 0 FAx: 952-941-3588 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILL. Mary Krause Approve Extension of Conditional Use Public Works /Engineering License Agreement No. A12099 with Hennepin County for Provision of Electronic Data for Mapping Purposes Requested Action Move to: Adopt the resolution extending Conditional Use Agreement No. A12099 with Hennepin County from December 31, 2006 to December 31, 2007 for electronic geographical digitized data for use in mapping of the City. Synopsis Hennepin County has provided electronic digitized half-section map data to the City of Eden Prairie. The City uses this data to produce mapping. The original Agreement was approved by Council on February, 2, 1999. Attachments • Resolution • Hennepin County Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007 - EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT NO. A12099 WITH HENNEPIN COUNTY FOR THE PROVISION OF ELECTRONIC DATA FOR MAPPING PURPOSES WHEREAS, a Conditional Use Agreement has been previously approved which identifies the obligations regarding the transfer and use of electronic digitized data files for use in mapping; and WHEREAS, the City Engineer recommends approval of the extension of said Conditional Use License Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie That said extension of Conditional Use License Agreement is hereby approved and the Mayor and City Manager are authorized to execute the extension of the agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on January 2, 2007. Philip Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk Hennepin County Taxpayer Services Department Survey Division, Suite A-703 612-348-3131,Phone Hennepin County Government Center www.co.hennepin.mn.us Minneapolis,Minnesota 55487-0073 November 30, 2006 Mary Krause, Design Engineering City of Eden Prairie 8080 Mitchell Rd. Agreement# A12099 Eden Prairie, MN 55344-2230 Hennepin County desires to extend the above referenced EPDB Conditional Use License Agreement through December 31, 2007. If you as a Government Unit, Consultant/Third Party or Private Corporation, desire to extend the above-reference Agreement, the following requirements must be satisfied as they pertain to your entity. Please return the required information to Hennepin County,Attention: Robert Moulder(at the address stated at the top of this page). A.) GOVERNMENTAL UNIT MUST FURNISH TO THE COUNTY A COPY OF THE ACTION OF USER'S GOVERNING BODY AUTHORIZING THIS AGREEMENT EXTENSION. HOWEVER, IF AN OFFICIAL OF USER IS AUTHORIZED BY STATUTE OR CHARTER TO APPROVE AN AGREEMENT OF THIS NATURE THEN THIS ORIGINAL LETTER SIGNED BY SUCH OFFICIAL AUTHORIZING THE EXTENSION MUST BE RETURNED TO THE COUNTY. NOTE:SUCH OFFICIAL MUSTATTACHTOTHIS LETTER A COPY OF THEIR STATUTORY OR CHARTER A UTHORITY TO APPROVE THE AGREEMENTS. B.) CONSULTANT/THIRD PARTY MUST PROVIDE THE COUNTY A COPY OF AFFIRMATION BY GOVERNMENTAL UNIT THAT YOU WILL CONTINUE AS CONSULTANT AS STATED IN AGREEMENT NO. THROUGH THE YEAR 2007. IN ADDITION, CONSULTANT/THIRD PARTY MUST SIGN THE ATTACHED SIGNATURE PAGE AND ACKOWLEDGEMENT AND RETURN ORIGINALS OF BOTH TO THE COUNTY. C.) PRIVATE CORPORATION MUST SIGN THE ATTACHED SIGNATURE PAGE AND ACKNOWLEDGEMENT AND RETURN ORIGINALS OF BOTH TO THE COUNTY. An Equal Opportunity Employer Recycled Paper As authorized by the Agreement and noising the above requirements,which pertain to you specifically, please indicate below your intention to extend or not to extend this agreement through the year 2007. Please return the originals of this page and the acknowledgement page and a copy of affirmation as Consultant/Third Party, as required,to the attention of Robert Moulder at the address shown at the top of page 1 as soon as possible. Please check (X) appropriate box. It IS our intention to extend this agreement through the year 2007. _It is NOT our intention to extend this agreement through the year 2007. We no longer require this information. Signature: Date: Authorized Signature Title: If you have any questions about this notice,please call Robert Moulder at 612-348-2618 for assistance. Sincerely, Sandra L.Vargas County Administrator CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 00-5508 ITEM NO.: VIILM. Rod Rue Approve Change Order No. 3 for the Mitchell Public Works /Engineering Road & Technology Drive Improvements Requested Action Move to: Approve Change Order No. 3 for the Mitchell Road and Technology Drive improvements, in the amount of$13,961.37. Synopsis This Change Order includes negotiated lump sum payments for extra work associated with additional trail work, various repairs and replacements, and an additional retaining wall. Most of the lump sum payments are based on actual time and materials for the various additional work items. This is the last Change Order for this project. Background Information The project was awarded to Park Construction on May 17, 2005, in the amount of$2,354,840.17. With the approval of this Change Order, together with the previous Change Orders, the contract amount will be $2,472,320.37. We anticipate the final pay estimate for this project to occur within the next couple months. Attachments • Change Order No. 3 • Landform Memo 6111L Wom— LANDFORM MINNEAPOLIS•PHOENIX 650 C H A N G E 510 BUTLER RST AVENUE NORTH BUILDING MINNEAPOLIS, MN 55403 O R D E R OFFICE: 612.252.9070 FAX:612.252.9077 PROJECT: CHANGE ORDER NUMBER: 3 Technology Drive&Mitchell Road Improvements DATE: 5-Dec-06 EDEN PRAIRIE PROJECT* I.C.00-5508 TO CONTRACTOR: LANDFORM PROJECT#: CEP05001 Park Construction Company CONTRACT DATE: 12-May-05 23260 Main Street-Suite 6 Hampton, MN 55031 The Contract is changed as follows: ADDITIONS TO CONTRACT Item No. Description Unit Unit Price Est.Qty. Amount 1 Additional Bituminous Trail Work.(EWR#21) LS $ 4,435.10 1 $ 4,435.10 2 Miscellaneous Spring Work.(EWR#22) LS $ 6,638.70 1 $ 6,638.70 3 Additional Wood Chips.(EWR#23) LS $ 387.57 1 $ 387.57 4 Retaining Wall by Pedestrian Bridge LS $ 2,500.00 1 $ 2,500.00 Subtotal: $ 13,961.37 DELETIONS FROM CONTRACT Item No. Description Unit Unit Price Est.Qty. Amount Subtotal: $ - The Original Contract Sum was _ $ 2,354,840.17 Net change by previous authorized Change Orders $ 103,518.83 The Contract Sum prior to this Change_Order was _ $ 2,458,359.00 The Contract Sum will be increased by this Change Order in the amount of _ $ 13,961.37 The new Contract Sum including this Change Order will be $ 2,472,320.37 ENGINEER: CONTRACTOR: (.. (Q)_ejVM =1" By: By:December 5,2006 / 2/ Date: Date: MAYOR: CITY MANAGER: By: By: Date: Date: Page 1 of 1 dt z "A-O*, LANDFORM MINNEAPOLIS • PHOENIX M E M O R A N D U M 650 BUTLER NORTH BUILDING 510 FIRST AVENUE NORTH, MINNEAPOLIS, MN 55403 OFFICE: 612.252.9070 FAX: 612.252.9077 DATE 12/04/2006 TO Rod Rue FROM Nathan Wallerstedt COPY File RE Technology Drive Improvements (I.C. 00-5508) Attached is the associated additional information for Change Order#3 for the Technology Drive Improvements Project(I.C. 00-5508). Change Order Item# #1. See attached Extra Work request#21.This price was agreed upon at the meeting on November 28, 2006 for extra work patching bituminous trails. Extra work was required to adjust the grade of the bike path by the pedestrian bridge to avoid washouts. There was also additional bituminous trail patching to connect to the new pedestrian ramps at Innovation Drive. Park Construction Company assumed some responsibility for the work by the pedestrian bridge because the trail needed to be fixed whether the grades where adjusted or not due to poor compaction. It was negotiated that$1,000 be removed from the extra work request. #2. See attached Extra Work request#22. This price was agreed upon at the meeting on November 28, 2006 for miscellaneous extra spring clean up work. Extra work was required to replace a portion of curb that was damaged by a plow truck during the winter. Re-grading was required to clean up left over debris left by Infra-Source while installing the street lighting. There was also landscaping that had to be restored to its pre-constructing condition at St. Andrews Church, Southwest Station Condominiums, and Eaton. These landscaping items where not foreseen prior to construction. #3 See attached Extra Work request#23. This price was agreed upon at the meeting on November 28, 2006 for additional wood chips to be added under the trees just east of the intersection of Technology Drive and Mitchell Road in front of the Water Treatment Plant. The extra work was not for seen prior to construction. #4 The addition of a retaining wall on the west side of the pedestrian bridge at purgatory creek. See the attached email conversations. This price was negotiated between Park Construction *Landform Engineering Company doing business as Landform Page 1 December I Z 2006 Company and the City of Eden Prairie.After the installation of the pedestrian bridge it was determined by Landform Engineering and the City of Eden Prairie that a retaining wall should be installed to avoid erosion of soils on a steep slope just off the north edge of the bike path. This problem was not foreseen prior to construction. For additional information please contact Nathan Wallerstedt at 612-252-9070. 2 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. 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 159583 - 159880 Wire Transfers 2589 - 2595 Background Information Attachments Wire payment#2594-2595 US Bank Purchasing Cards list City of Eden Prairie Council Check Summary 1/2/2007 Division Amount Division Amount General 38,783 701 Water Fund 88,083 100 City Manager 965 702 Sewer Fund 5,402 101 Legislative 1,311 703 Storm Drainage Fund 24,206 102 Legal Counsel 32,370 803 Escrow Fund 10,195 104 Contingency 10,250 807 Benefits Fund 263,809 110 City Clerk 682 ** US Bank 9,956 See attached list III Customer Service 6,461 112 Human Resources 124 Report Totals 2,256,601 113 Communication Services 4,805 114 Benefits&Training 166 115 Risk Management 289 116 Facilities 52,675 117 City Center 47,192 131 Finance 113 133 Planning 16,395 135 Information Technology 5,706 136 Public Safety Communications 4,736 137 Economic Development 545 151 Park Maintenance 8,113 153 Organized Athletics 7,217 154 Community Center 5,207 156 Youth Programs 79 157 Special Events 33 158 Adult Recreation 5,270 160 Therapeutic Recreation 165 161 Oak Point Pool 10,221 162 Arts 1,720 163 Outdoor Center 870 164 Park Rental Facilities 136 180 Police 23,198 183 Emergency Preparedness 120 184 Fire 16,502 185 Animal Control 2,421 200 Engineering 436 201 Street Maintenance 7,561 202 Street Lighting 3,135 203 Fleet Services 50,763 300 Heritage Preservation Grants 389 301 CDBG 9,069 303 Cemetary Operation 8 308 E-911 1,522 309 DWI Forfeiture 136 315 Economic Development 34 417 $3,390,000 Facility Bond 2000 750 502 Park Development 233,658 503 Utility Improvement 19,219 506 Improvment Bonds 1996 289,055 509 CIP Fund 31,313 511 Construction Fund 221,522 515 Fire Station#4 272,396 516 ADC PROJECT 4,504 517 212/Charlson Intersection 825 520 Parks Referendum 48,670 521 Trails Referendum 8,830 522 Improvement Projects 2006 13,395 601 Prairie Village Liquor 93,246 602 Den Road Liquor 146,336 603 Prairie View Liquor 85,300 605 Den Road Building 8,037 City of Eden Prairie Council Check Register 1/2/2007 Check# Amount Vendor/Explanation Account Description Business Unit 2589 11,340 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2590 18,876 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2591 90,836 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2592 4,069 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 2593 82,896 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 2595 9,956 US BANK 159583 370 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 159584 2,659 ACS GOVERNMENT SYSTEMS INC. Prepaid Expenses General Fund 159585 60 ALCOHOL&GAMBLING ENFORCEMENT Licenses&Taxes Prairie View Liquor Store 159586 3,871 ASPEN WASTE SYSTEMS INC. Waste Disposal City Hall-CAM 159587 750 BANK OF NEW YORK,THE Paying Agent $3,390,000 Facility Bond 2000 159588 615 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 159589 250 BEST&FLANAGAN LLP Other Contracted Services Rehab 159590 50 BOLD,PAULINE Instructor Service Outdoor Center 159591 4,391 CENTERPOINT ENERGY Gas Fire Station#1 159592 29 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 159593 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 159594 2,196 EDEN PRAIRIE,CITY OF Building Fire Station#4 159595 8,560 GENERAL GROWTH PROPERTIES INC Other Assets Police 159596 550 HENNEPIN COUNTY HOUSING,COMMU Other Contracted Services Rehab 159597 138 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 159598 285,320 HENNEPIN COUNTY PUBLIC WORKS-F Right of Way&Easement Improvement Projects 1996 159599 107 KRESS,CARLA Mileage&Parking Senior Center Administration 159600 123 KURT,KAREN Travel Expense Human Resources 159601 2,222 MADISON MARQUETTE REALTY SERVI AR Utility Water Enterprise Fund 159602 70 MINNESOTA GREEN EXPO Prepaid Expenses General Fund 159603 3,132 NCT INC Instructor Service Utility Operations-General 159604 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 159605 300 RAMSEY COUNTY SHERIFF'S DEPT. Deposits Escrow 159606 585 SCOTT COUNTY Deposits Escrow 159607 466 SOUTHWEST OUTDOOR POWER Small Tools Park Maintenance 159608 320 US POSTMASTER-HOPKINS Postage General 159609 102 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 159610 117 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 159611 36 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 159612 4,812 BELLBOY CORPORATION Operating Supplies Den Road Liquor Store 159613 8,615 DAY DISTRIBUTING Beer Den Road Liquor Store 159614 145 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 159615 151 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 159616 1,002 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store 159617 1,695 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 159618 229 HOHENSTEINS INC Beer Prairie Village Liquor Store 159619 77 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store 159620 11,991 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 159621 97 M.AMUNDSON LLP Misc Non-Taxable Den Road Liquor Store 159622 12,156 MARK VII Beer Prairie Village Liquor Store 159623 213 MASS BAR-MATE CORP Misc Non-Taxable Den Road Liquor Store 159624 1,418 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 159625 7,359 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store 159626 95 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 159627 117 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 159628 11,317 THORPE DISTRIBUTING Beer Prairie View Liquor Store 159629 179 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 159630 437 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 159633 516 US POSTMASTER-HOPKINS Printing Senior Center Administration 159634 1,108 ASPEN EQUIPMENT CO. Capital Under$2,000 Fleet Services 159635 250 BRINK,PATRICK Mileage&Parking Communication Services 159636 327 BUNCH,DENISE H Other Contracted Services Fitness Classes 159637 80 BUSS,TIM Open Fees Ice Arena 159638 246 CARLSON,DAN Other Contracted Services Police 159639 283 COMCAST Miscellaneous City Council Check# Amount Vendor/Explanation Account Description Business Unit 159640 10,250 DECISION RESOURCES LTD Other Contracted Services Reserve 159641 81 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 159642 91 GE CAPITAL Prepaid Expenses General Fund 159643 389 GENERAL GROWTH PROPERTIES LP-E Prepaid Expenses Heritage Preservation Grant 159645 2,276 GENUINE PARTS COMPANY Equipment Parts Fleet Services 159646 113 GIRARD'S BUSINESS SOLUTIONS IN Other Rentals Finance 159647 450 GLENROSE FLORAL AND GIFT SHOPS Accounts Payable Escrow 159648 450 GLOCK PROFESSIONAL INC Prepaid Expenses General Fund 159649 321 GREATAMERICA LEASING CORP. Equipment Repair&Maint General 159650 112 GUSTAD,MARK Miscellaneous Information Technology 159651 172,972 HEALTHPARTNERS Prepaid Expenses Health and Benefits 159652 268 INSTITUTE OF TRANSPORTATION EN Prepaid Expenses General Fund 159653 10 IPMA MINNESOTA Prepaid Expenses General Fund 159654 500 JOHN PHILLIP SOUSA BAND Other Contracted Services Staring Lake Concert 159655 515 MAECK,TOM Other Contracted Services Community Band 159656 58 MCWATERS,LORENE Miscellaneous City Council 159657 40 MDRA Prepaid Expenses General Fund 159658 1,100 MEDICINE LAKE TOURS Special Event Fees Trips 159659 29 MENARDS Small Tools Traffic Signs 159660 23 MINNESOTA Licenses&Taxes Concessions 159661 1,650 MINNESOTA POLICE&PEACE OFFIC Prepaid Expenses General Fund 159662 152 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 159663 2,125 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 159664 525 MN CIT OFFICERS ASSOCIATION Prepaid Expenses General Fund 159665 390 MN JUVENILE OFFICERS ASSOCIATI Prepaid Expenses General Fund 159666 50 MSANI Prepaid Expenses General Fund 159667 480 NAIOP Dues&Subscriptions Economic Development 159669 104 PROTECTION ONE Other Contracted Services Cummins Grill 159670 226,244 RILEY PURGATORY BLUFF CREEK WA Improvement Contracts Park Acquisition&Development 159671 41 SIERRA CORPORATION Equipment Parts Fleet Services 159672 115 STOVRING,LESLIE Mileage&Parking Storm Drainage 159673 2,223 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs-Elevator City Hall-CAM 159674 2,809 TOLL GAS AND WELDING SUPPLY Equipment Repair&Maint Traffic Signals 159675 3,585 US POSTMASTER-HOPKINS Postage Communication Services 159676 970 YOUNG,PHIL Travel Expense City Council 159677 305 MINNESOTA GREEN EXPO Prepaid Expenses General Fund 159678 130 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 159679 532 AIR POWER EQUIPMENT CORPORATIO Contract Svcs-General Bldg Fire Station#3 159680 29 AMERICAN MESSAGING Pager&Cell Phone Water System Maintenance 159681 346 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 159682 2,305 BLOOMINGTON,CITY OF Kennel Services Animal Control 159683 166 BOSACKER,MIKE Tuition Reimbursement/School Organizational Services 159684 85 CENTERPOINT ENERGY Gas Water Wells 159685 34,482 CENTERPOINT ENERGY SERVICES IN Gas City Hall-CAM 159686 180 CINGULAR WIRELESS Pager&Cell Phone Water System Maintenance 159687 355 COMMISSIONER OF TRANSPORTATION Improvement Contracts Improvement Projects 2006 159688 290 DECORSEY,CHUCK Other Contracted Services Classes/Programs/Events 159689 1,557 DELI DOUBLE Special Event Fees Classes/Programs/Events 159690 116 DELUXE BUSINESS CHECKS&SOLUT Bank and Service Charges Prairie Village Liquor Store 159691 15 EXPLORE MINNESOTA TOURISM Other Contracted Services Economic Development 159692 136 FIRST NATIONAL BANK Miscellaneous DWI Forfeiture 159693 1,270 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance 159694 35,976 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Prosecution 159695 75 HEALTHWAYS Prepaid Expenses General Fund 159696 1,984 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 159697 378 HENNEPIN COUNTY TREASURER Postage Elections 159698 110 HOLMES,JOHN CARTER Other Contracted Services Basketball 159699 105 KREBSBACK,LINDA Outdoor Center Park Facilities 159700 197 LORENZ,JOYCE Mileage&Parking Communication Services 159701 2,693 METRO SALES INCORPORATED* Prepaid Expenses General Fund 159702 27,984 MINNESOTA DEPT OF HEALTH Miscellaneous Water Testing 159703 30 MINNESOTA DEPT OF LABOR AND IN Licenses&Taxes Fire 159704 700 MSFCA CONFERENCE FUND Conference Expense Fire 159705 298 NEWTON,J.RANDALL Mileage&Parking Engineering 159706 96 PELTIER,TIMOTHY Office Supplies Community Center Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 159707 344 PITNEY BOWES INC Postage General 159708 91 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 159709 2,734 QWEST Telephone Edenvale Park 159710 34 RADIOSHACK Operating Supplies Water Treatment Plant 159711 384 RONNING,EILEEN Other Contracted Services Classes/Programs/Events 159712 42 RUMFORD,JOAN Special Event Fees Red Hat 159713 14 SPS COMPANIES Supplies-Plumbing City Hall-CAM 159714 16 STAR TRIBUNE Misc Taxable Den Road Liquor Store 159715 1,231 TAHER INC CATERING Special Event Fees Classes/Programs/Events 159716 221 TEKIELA,STAN Operating Supplies Outdoor Center 159717 30 UNITED FIREFIGHTERS ASSN Dues&Subscriptions Fire 159718 150 UNIVERSITY OF MINNESOTA Prepaid Expenses General Fund 159719 150 UNIVERSITY OF MINNESOTA Prepaid Expenses General Fund 159720 29 UPS Postage Fire 159721 226 US POSTMASTER-HOPKINS Postage Outdoor Center 159722 180 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 159723 98,057 XCEL ENERGY Electric Water Treatment Plant 159724 169 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 159725 66 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 159726 7,123 BELLBOY CORPORATION Operating Supplies Den Road Liquor Store 159727 8,041 DAY DISTRIBUTING Beer Den Road Liquor Store 159728 64 DTM DISTRIBUTING INC Misc Taxable Den Road Liquor Store 159729 6,201 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 159730 44 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 159731 370 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 159732 2,178 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 159733 15,826 GRIGGS COOPER&CO Wine Domestic Den Road Liquor Store 159734 13,756 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store 159736 31,186 JOHNSON BROTHERS LIQUOR CO Wine Imported Prairie Village Liquor Store 159737 602 M.AMUNDSON LLP Misc Taxable Prairie View Liquor Store 159738 5,021 MARK VII Misc Taxable Prairie Village Liquor Store 159739 757 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 159740 1,894 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 159741 7,132 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 159742 51 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 159743 24,904 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store 159744 661 PRIOR WINE COMPANY Wine Imported Den Road Liquor Store 159745 20,980 QUALITY WINE&SPIRITS CO Wine Imported Prairie Village Liquor Store 159746 83 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 159747 995 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 159748 22,472 THORPE DISTRIBUTING Beer Den Road Liquor Store 159749 143 VINTAGE ONE WINES INC Wine Domestic Den Road Liquor Store 159750 2,156 WINE COMPANY,THE Wine Imported Den Road Liquor Store 159751 2,617 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 159752 2,509 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 159753 581 ABLE HOSE&RUBBER INC Operating Supplies Park Maintenance 159754 233 ACCURINT-ACCOUNT#1348824 Other Contracted Services Police 159755 400 ACS GOVERNMENT SYSTEMS INC. Software Maintenance Information Technology 159756 424 ALPHA VIDEO& AUDIO INC Video&Photo Supplies Communication Services 159757 1,219 AMERICAN PRO-AUDIO INC Capital Under$2,000 Furniture 159758 75 AMERICAN WATER WORKS ASSOCIATI Conference Expense Utility Operations-General 159759 3,208 AMSAN BRISSMAN-KENNEDY Cleaning Supplies Community Center Maintenance 159760 190 ANCHOR PAPER COMPANY Office Supplies General 159761 192 ANCHOR PRINTING COMPANY Printing Police 159762 109 ANIMAL CARE EQUIPMENT&SVS Operating Supplies Animal Control 159763 3,100 ASSURED COMMUNICATIONS INC Other Assets Capital Impr./Maim Fund 159764 257 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 159765 3,943 BEC INC Improvement Contracts Construction Fund 159766 465 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 159767 15,700 BLUE WATER SCIENCE Other Contracted Services Storm Drainage 159768 443 BRAUN INTERTEC CORPORATION Testing-Soil Boring Construction Fund 159769 360 BROWN,PAUL Other Contracted Services Touch Football 159770 79 BRYAN ROCK PRODUCTS INC Gravel Storm Drainage 159771 275 BUCK,JEFFERY Other Contracted Services Basketball 159772 1,112 BUCK,NATHAN Other Contracted Services Volleyball Check# Amount Vendor/Explanation Account Description Business Unit 159773 69 CATCO PARTS SERVICE Equipment Parts Fleet Services 159774 270,200 CM CONSTRUCTION COMPANY INC. Building Fire Station#4 159775 230 COLOR PRINTING Printing Police 159776 1,035 CORPORATE EXPRESS Office Supplies General 159777 11,825 DALMATIAN FIRE EQUIPMENT INC Small Tools Fire 159778 66 DAY-TIMER Operating Supplies Arts 159779 487 DELEGARD TOOL CO Small Tools Fleet Services 159780 10,503 DELL Computers Information Technology 159781 678 DNR Awards Basketball 159782 735 DOHERTY,SANDRA L Other Contracted Services Volleyball 159783 50 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Economic Development 159784 223 EF JOHNSON Equipment Parts Wireless Communication 159785 303 EGAN OIL COMPANY Lubricants&Additives Fleet Services 159786 6,156 EHLERS &ASSOCIATES INC Deposits Escrow 159787 2,221 EMMONS &OLIVIER RESOURCES INC Other Contracted Services Storm Drainage 159788 10,186 ENVIRONMENTAL PROCESS INC Building Repair&Maint. Capital Impr./Maint.Fund 159789 73 ESCHELON TELECOM Equipment Repair&Maint Telephone 159790 30 FALCK,TIMOTHY R Other Contracted Services Volleyball 159791 370 FASTSIGNS Signs Park Maintenance 159792 26 FERRELLGAS Equipment Parts Water Distribution 159793 132 FIRE SAFETY USA INC Small Tools Fire 159794 1,199 FISHER SCIENTIFIC Process Control Equipment Water Treatment Plant 159795 54 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 159796 942 FORKLIFTS OF MINNESOTA INC Other Contracted Services Fleet Services 159797 87 FRESCO INC Equipment Repair&Maint Park Maintenance 159798 434 G&K SERVICES Clothing&Uniforms Utility Operations-General 159799 156 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 159800 241 GRAINGER Equipment Repair&Maint Wireless Communication 159801 240 GRAPHIC SOURCE INC Advertising Cummins House Special Events 159802 1,922 GRAYBAR Equipment Parts Wireless Communication 159803 360 GUNNAR ELECTRIC CO INC Other Contracted Services Park Maintenance 159804 55,708 HANSEN THORP PELLINEN OLSON Improvements to Land Park Acquisition&Development 159805 34,763 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 159806 140 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water Metering 159807 126 HENRY,PAUL Other Contracted Services Volleyball 159808 63 HOLMES,DAVE Other Contracted Services Basketball 159809 220 HOLMES,JOHN CARTER Other Contracted Services Basketball 159810 236 HOLMES,TOM Other Contracted Services Volleyball 159811 720 HYDRO-VAC INC Testing-Soil Boring Construction Fund 159812 13,288 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 159813 910 INFRATECH Equipment Parts Storm Drainage 159814 149 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 159815 8,601 INSTANT ARMOR INC Other Assets Police 159816 965 ITS A KEEPER Operating Supplies City Manager 159817 753 J H LARSON COMPANY Operating Supplies Street Lighting 159818 141 JANEX INC Cleaning Supplies Community Center Maintenance 159819 220 JOCOBS,JOHN G Other Contracted Services Basketball 159820 2,011 KEEPERS Clothing&Uniforms Police 159821 237 KNOX COMPANY Operating Supplies Fire 159822 707 KRISS PREMIUM PRODUCTS INC Contract Svcs-HVAC City Hall-CAM 159823 4,504 LANDFORM ENGINEERING COMPANY Design&Engineering ADC PROJECT 159824 94 LANDS END CORPORATE SALES Clothing&Uniforms Police 159825 1,252 MENARDS Building Materials Street Maintenance 159826 20,853 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 159827 42 MIDWEST DESIGN CO Other Contracted Services Communication Services 159828 6,644 MINNESOTA CONSTRUCTION Building Capital Impr./Maint.Fund 159829 638 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire 159830 37 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Services 159831 3,935 MOBILE RADIO ENGINEERING Equipment Parts Wireless Communication 159832 389 MORLEY BURNETT Contract Svcs-Ice Rink Ice Arena Maintenance 159833 413 MTI DISTRIBUTING INC Equipment Parts Fleet Services 159834 995 NFPA Fire Prevention Supplies Fire 159835 188,038 NORTHWEST ASPHALT Improvement Contracts Construction Fund 159836 625 OLSEN COMPANIES Small Tools Sewer Liftstation 159837 255 PC MALL Other Hardware Information Technology Check# Amount Vendor/Explanation Account Description Business Unit 159838 1,096 PEPSI COLA COMPANY Merchandise for Resale Concessions 159839 2,976 PRAIRIE ELECTRIC COMPANY CH Robinson-Contr.Svcs City Ctr-Tenant Direct Costs 159840 178 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 159841 413 PRAIRIE RESTORATIONS INC Improvement Contracts 212/Charlson Rd.Intersectio 159842 3,834 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation 159843 203 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 159844 125 RAY,LEE Other Contracted Services Basketball 159845 229 RCM&ASSOCIATES Operating Supplies Telephone 159846 440 REID,DEVIN M Other Contracted Services Basketball 159847 289 RIDGEVIEW MEDICAL CENTER Other Contracted Services Risk Management 159848 29 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 159849 115 ROOT O MATIC Contract Svcs-Plumbing Community Center Maintenance 159850 150 SCRAP METAL PROCESSORS INC Equipment Repair&Maint Fleet Services 159851 320 SHAFTON INC Fire Prevention Supplies Fire 159852 30,810 SHORT ELLIOTT HENDRICKSON INC Improvement Contracts Infiltration/Inflow Study 159853 552 SIGN SOURCE INC Advertising Park Acquisition&Development 159854 159 SNAP-ON TOOLS Small Tools Fleet Services 159855 110 SOUTH CENTRAL TECHNICAL COLLEG Tuition Reimbursement/School Fire 159856 2,922 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie View Liquor Store 159857 128 SPORTS WORLD USA INC Merchandise for Resale Concessions 159858 27,272 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 2006 159859 13,468 ST CROIX ENVIRONMENTAL INC Other Contracted Services Infiltration/Inflow Study 159860 477 STEVENS ENGINEERS Building Capital Impr./Maint.Fund 159862 2,312 STREICHERS Clothing&Uniforms Police 159863 197 SUBURBAN CHEVROLET Equipment Parts Fleet Services 159864 950 SUBURBAN WILDLIFE CONTROL INC Other Contracted Services Storm Drainage 159865 134 SUMMIT PLACE SENIOR CAMPUS Other Contracted Services Communication Services 159866 304 SUN NEWSPAPERS Legal Notices Publishing City Clerk 159867 81 TAHER INC CATERING Operating Supplies Communication Services 159868 1,149 TRAFFICWARE Software Maintenance Information Technology 159869 1,093 TRI-ANIM HEALTH SERVICES INC Safety Supplies Fire 159870 7,549 TUSHIE MONTGOMERY ARCHITECTS Building Den Road Building 159871 120 UNIFORMS UNLIMITED Clothing&Uniforms Police 159872 8,269 VRV BUILDERS Other Contracted Services Rehab 159873 436 W E NEAL SLATE CO Operating Supplies Fleet Services 159874 6,655 WALL TRENDS INC Other Contracted Services Capital Impr./Maim Fund 159875 817 WATSON CO INC,THE Merchandise for Resale Concessions 159876 2,261 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 159877 160 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Services 159878 120 WUOLLET BAKERY INC Operating Supplies Emergency Preparedness 159879 3,532 YALE MECHANICAL INC Building Capital Impr./Maim Fund 159880 1,736 ZIEGLER INC Contract Svcs-Electrical Fire Station#1 2,256,601 Grand Total US Bank Purchasing Cards Wire # 2594-2595 Payment Date 12/20/06 Amount Supplier Account Description Business Unit (10.00) AMAZON.COM Dues&Subscriptions Human Resources 16.84 AMAZON.COM Dues&Subscriptions Human Resources 68.49 AMAZON.COM Dues&Subscriptions Human Resources 90.00 AMC (EDEN PRAIRIE) Special Event Fees Around Town 21.85 BAKERS SQUARE Miscellaneous City Manager 157.76 BIAGGI'S Miscellaneous City Manager 217.60 BIAGGI'S Miscellaneous City Council 472.51 BIAGGI'S Other Contracted Services City Manager 1,278.41 BROWNELLS INC. Training Supplies Police 45.00 BROWNELLS INC. Training Supplies Police 420.00 CELEBRATION CHURCH Special Event Fees Red Hat 102.39 DAVANNI'S PIZZA Training Supplies Organizational Services 10.00 DAVANNI'S PIZZA Training Supplies Organizational Services 15.59 DAVANNI'S PIZZA Training Supplies Organizational Services 5,789.40 DEPT OF LABOR& INDUSTRY Building Surcharge General Fund 492.55 DEPT OF LABOR& INDUSTRY Mechanical Surcharge General Fund 239.89 DEPT OF LABOR& INDUSTRY Plumbing Surcharge General Fund (130.44) DEPT OF LABOR& INDUSTRY Other Revenue General Fund 66.98 GREAT MANDARIN RESTAURANT Miscellaneous City Manager 158.08 GUTHRIE CAD/GIS SOFTWARE PTY Operating Supplies Engineering 7.45 MICHAELS -THE ARTS&CRAFTS Operating Supplies Cummins House Special Events 237.10 NORTHWEST AIRLINES Operating Supplies Girls on the Run 28.06 PASTRAMI JACK'S Miscellaneous City Council 67.57 RAINBOW FOODS INC. Operating Supplies City Manager 25.75 RAINBOW FOODS INC. Operating Supplies Cummins House Special Events 43.83 RAINBOW FOODS INC. Operating Supplies Cummins House Special Events 23.00 WALMART COMMUNITY Training Supplies Organizational Services 9,955.66 CITY COUNCIL AGENDA DATE: SECTION: Appointments January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.A. Resolution Designating the Official Meeting Office of the City Manager Dates, Time and Place for the City of Eden Prairie Council in 2007 and Appointing Acting Mayor Requested Action Move to: Adopt Resolution designating the official meeting dates, time and place for the City of Eden Prairie Council in 2007 and appointing Councilmember the Acting Mayor. Synopsis This resolution requires approval on an annual basis. In addition to the regular Council meetings listed in the attached Resolution, Town Meetings are planned for April 10 and November 27. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE COUNCIL IN 2007 AND APPOINTING ACTING MAYOR BE IT RESOLVED,by the City Council of the City of Eden Prairie, Minnesota, that they meet on the first and third Tuesdays of each month at 7:00 P.M. in the Eden Prairie City Center Council Chambers, 8080 Mitchell Road, Eden Prairie, MN 55344. Council Workshops will be held at 5:00 P.M. and Council Forums will be held at 6:30 p.m. prior to regularly scheduled Council meetings. Robert's Rules of Order will prevail. BE IT RESOLVED, that the only Council meeting in the month of April of 2007 will be held on the third Tuesday of the month. BE IT RESOLVED, that the only Council meeting in the month of July of 2007 will be held on the third Tuesday of the month. BE IT RESOLVED, that the first Council meeting in the month of August will begin at 5:00 p.m. BE IT RESOLVED, that the only Council meeting in the month of November of 2007 will be held on the second Tuesday of the month. BE IT RESOLVED, that the first Council meeting in the month of January of 2008 will be held on the second Tuesday of the month. BE IT FURTHER RESOLVED, that Councilmember is hereby appointed to be the Acting Mayor in the absence of the Mayor. ADOPTED,by the City Council of the City of Eden Prairie, on this 2nd day of January, 2007. Philip Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Appointments January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Resolution ITEM NO.: XIV.B. Designating the Director and Alternate Office of the City Manager Director to the Suburban Rate Authority of 2007 Requested Action Move to: Adopt Resolution designating_ as the Director and as the Alternate Director to the Suburban Rate Authority. Synopsis This resolution requires approval on an annual basis. Director of Public Works Gene Dietz served as the Director and Councilmember Case served as the Alternate Director to the Suburban Rate Authority in 2006. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY BE IT RESOLVED, that the City Council of the City of Eden Prairie hereby designates as the Director and as the Alternate Director of the Suburban Rate Authority for 2007. ADOPTED,by the City Council of the City of Eden Prairie, on this 2nd day of January, 2007. Philip Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Appointments January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.C. Office of the City Manager Appointment to Association of Metropolitan Municipalities Requested Action Move to: Approve appointment of the Mayor as Delegate and Councilmembers as Alternates to the Association of Metropolitan Municipalities. Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D. Office of the City Manager Appointment to the National League of Cities Requested Action Move to: Approve appointment of the Mayor as Delegate and Councilmembers as Alternates to the National League of Cities. Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.E. Office of the City Manager Appointment to the Municipal Legislative Commission Requested Action Move to: Approve appointment of the Mayor to the Municipal Legislative Commission. Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.F. Office of the City Manager Appointment to the Southwest Corridor Commission Requested Action Move to: Approve appointment of to Southwest Corridor Commission. Synopsis This appointment is approved on an annual basis. Mayor Young served on the Southwest Corridor Commission in 2006. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.G. Office of the City Manager Appointment to the Southwest Cable Commission Requested Action Move to: Approve appointment of to the Southwest Cable Commission. Synopsis This appointment is approved on an annual basis. Councilmember Case served on the Southwest Cable Commission from 2002 to 2006. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.H. Office of the City Manager Appointment to the Eden Prairie Foundation Requested Action Move to: Approve appointment of to the Eden Prairie Foundation. Synopsis This appointment is approved on an annual basis. Mayor Young served on the Eden Prairie Foundation in 2004, 2005 and 2006. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.I. Office of the City Manager Appointment to the I-494 Corridor Commission Requested Action Move to: Approve appointment of to the I-494 Corridor Commission. Synopsis This appointment is approved on an annual basis. Councilmember Aho served on the I-494 Corridor Commission in 2005 and 2006. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.J. Office of the City Manager Appointment to the City and School Facilities Use Task Force Requested Action Move to: Approve appointment of to the City and School Facilities Use Task Force. Synopsis This appointment is approved on an annual basis. Mayor Young served on the City and School Facilities Use Task Force in 2003, 2004, 2005 and 2006. CITY COUNCIL AGENDA DATE: January 2, 2007 SECTION: Appointments DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.K. Scott Neal Appointment of Council Representative to City Manager Southwest Metro Transit Commission Requested Action Move to: Appoint to Southwest Transit Board as the Eden Prairie City Council Representative for a three-year term to end December 31, 2009. Synopsis It is necessary for the City Council to appoint a Council Representative for a three-year term to end December 31, 2009. Mayor Tyra-Lukens served as the Council Representative from 2004 to 2006. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.L. Stuart Fox, Manager of Parks Appointment of Assistant Weed Inspector and Natural Resources Requested Action Move to: Appoint Jeff Cordes as Assistant Weed Inspector for the City of Eden Prairie. Synopsis Each year the City of Eden Prairie is requested to appoint an Assistant Weed Inspector for the City under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81. The responsibility of the Assistant Weed Inspector is to enforce the local and state weed ordinances. Jeff Cordes has been doing this inspection work for the past several years, and he is familiar with the City ordinance and state law. Under State Statute, the Mayor is the City Weed Inspector and appointment of an Assistant Weed Inspector thereby relieves the Mayor or City Council of those duties as required by Minnesota State Statute. CITY COUNCIL AGENDA DATE: January 2, 2007 SECTION: Appointments DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Scott Neal Appointment of Citizen Representative to XIV. M. City Manager Southwest Metro Transit Commission Requested Action Move to: Appoint to the Southwest Metro Transit Board as the Eden Prairie Citizen Representative for the remainder of a three-year term to end December 31, 2008. Synopsis It is necessary for the City Council to appoint a Citizen Representative to fill the remainder of a three-year term to end December 31, 2008. Former Councilmember Ron Case has resigned his position as the Citizen Representative. CITY COUNCIL AGENDA DATE: January 2, 2007 SECTION: Appointments DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Scott Neal LMC Insurance Trust Board Appointment XIV.N. City Manager Requested Action Move to: Appoint Councilmember Butcher to serve on the League of Minnesota Cities Insurance Trust Board of Trustees. Synopsis Councilmember Sherry Butcher has served as a member of the Board of Trustees for the League of Minnesota Insurance Trust(LMCIT) since 2003. The LMCIT Board is a substantial assignment. The Board asks for the member governments of their Board members acknowledge their LMCIT Board participation with a motion of support. CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director January 2, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XV.D.1 Robert A. Lambert, Director Construction Management Services Contract Parks and Recreation with RJM for Community Center/Round Lake Park/Birch Island Park Project Requested Action Move to: Approve the Construction Management Services contract with RJM for the Community Center expansion/Round Lake Park Improvements /Birch Island Park improvement project. Synopsis Due to the complexity of the Community Center expansion project caused by the requirement to keep the building operating during construction, meet all of the deadlines to accommodate school use and the fact that it must be coordinated with the Round Lake Park improvements to the Community Center parking lot, the relocated baseball field, and the construction of the NURP pond, as well as the Birch Island Park improvement project, staff is recommending the use of a construction manager for this project. The City interviewed four construction management companies and is recommending RJM at a fee not to exceed $711,718 for this project. Background City staff are recommending the use of a construction manager to contract with the City to supervise the construction of the Community Center expansion, construction of the third rink, construction of the Round Lake Park improvements, including the expansion of the Community Center parking, relocation of the baseball field and the construction of the NURP pond and construction of the Birch Island Park improvements. All of these projects are interrelated in that construction expansion of the Community Center and the third rink cannot occur without relocation of the baseball field. The timing of the construction of the baseball field is critical to the High School's Baseball program. The construction of the expanded parking is critical to the High School students and cannot be started until after the Lion's Club Schooner Days event. The baseball field and parking lot project has excess fill that is needed for construction of the Birch Island Park improvement project and the timing of the construction of various phases of the Community Center are critical to the continued use of the Community Center ice rinks and swimming pool by the High School and interscholastic teams. In order to make sure all of these projects are coordinated well it will require a full time supervisor on site working for the City to meet all of the critical deadlines and to keep the project within the approved budget. Staff is recommending a modified form of the construction management contract that would also provide a provision whereby the construction manager would be required to guarantee the City Council that the project would be construction within the approved budget. Construction Management Services Contract January 2, 2007 Page 2 The estimated cost for these projects is as follows: Community Center expansion $7.7 million Third Rink $3.4 million Birch Island Park $370,000 Round Lake Park parking lot ballfield and NURP pond $1,530,000 TOTAL Estimated Budget $13 million The estimated timeline for this project is to go out for bids on this project by the end of January and to receive bids for the project by the end of February and for the City Council to award bids for this project in early March. In either the first or second Council meeting in March, the construction manager will provide the City Council with a guaranteed price or options the Council may take to reduce the cost of the project if necessary. Attached to this memorandum is the comparison of the response to the City's RFP regarding fees for construction management services. The fees are somewhat misleading in that some companies such as Adolfson & Peterson included more costs for bonds, insurance, permits, etc. in their general conditions or reimbursables than did other companies. When City staff compared the actual costs for services between all four companies, they were much closer than the total estimate shown on the attached original submittals;however, even considering the adjustments, RJM was the lowest cost and the City had excellent referrals on their work. City staff believes they will provide the City with excellent construction management services for this very challenging project. Attachments Construction Management Proposals Cost Estimates Construction Management Proposals for Community Center Remodel Pre-Constriction Reimburseables CM Fee F ,.. General Cond � t A& P $102,000 $245,$50 $377,000 .$77, $529,260 I , $"� 1 z ;M :M e 1 2 7 122 500 M..., 71.1.7.. RJM $ 30 0 $ 5, 0 ,71$ $318,500 Shin ohee 17 600 261 69$ 451 250 w-E `'° `'-; :v 79 050a:: _ ' �..^.:f...p.Y�,..:'I...:::..,..•...::f.:^: :°»G^.5»�`:««:.ZS:�tl°8'.dry.�8."..•:.-,--'-ie.:::::'::::::;:.::: ..-...o...,x..« »...'G:%93L'S:CF}✓:e.°.0 ..C:'<.:.x-....,,..em....,m.., ' Kraus A $301,300 $43$ 200', � 'a's . �e .`. = 344,550 wxxx .::ma:Em::m.a:Ea v9: a r . G re stone m m m m ��` '�'."�