HomeMy WebLinkAboutCity Council - 10/02/2007AGENDA
COUNCIL WORKSHOP &OPEN FORUMJOPEN PODIUM
TUESDAY,OCTOBER 2, 2007 CITY CENTER
5:00 - 6 :25 PM, HERITAGE ROOM II
6:30 - 7:00 PM,COUNCIL CHAMBER
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon
Duckstad, and Kathy Nelson
CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen,
Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and
Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, Assistant to the City
Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters
Heritage Room II
1.SIDEWALK SNOW REMOVAL
Council Chamber
II.OPEN FORUM
A.GREG OLSON - CITY FISCAL POLICY
B.RYAN LAING, YMCA - PROPOSED BUDGET CUTS
III.OPEN PODIUM
IV.ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,OCTOBER 2, 2007 7:00 PM,CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Phil Young ,Council Members Brad Aho, Sherry Butcher ,Jon Duckstad,
and Kathy Nelson
CITY STAFF: City Manager Scott Neal ,Parks & Recreation Director Jay Lotthammer ,Public
Works Director Eugene Dietz ,City Planner Michael Franzen ,Community Development Director
Janet Jeremiah ,City Attorney Ric Rosow and Council Recorder Angie Perschnick
1.ROLL CALL / CALL THE MEETING TO ORDER
II.PLEDGE OF ALLEGIANCE
III.COUNCIL FORUM INVITATION
IV.PROCLAMATIONS / PRESENTATIONS
V.APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI.MINUTES
A.COUNCIL WORKSHOP HELD TUESDAY,SEPTEMBER 18, 2007
B.CITY COUNCIL MEETING HELD TUESDAY,SEPTEMBER 18, 2007
VII.REPORTS OF ADVISORY BOARDS & COMMISSIONS
A.ARTS & CULTURE COMMISSION
VIII.CONSENT CALENDAR
A.CLERK'S LICENSE LIST
B.ADOPT RESOLUTION REALLOCATING COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG)FUNDS FROM JEWISH VOCATIONAL
SERVICES (JVS) TO THE YMCA CHILD CARE PROGRAM
C.APPROVE SCOREBOARD AGREEMENT WITH THE EDEN PRAIRIE
BASEBALL ASSOCIATION
D.APPROVE SECOND AMENDMENT TO THE PURCHASE AGREEMENT
FOR SALE OF LOT 1 ,BLOCK 1 ,OUTLOT C - COLUMBINE ADDITION
(PRESBYTERIAN HOMES)
E.AWARD CONTRACT FOR RILEY LAKE ROAD CULVERT
REPLACEMENT TO MINGER CONSTRUCTION ,I.C. 07-5693
CITY COUNCIL AGENDA
October 2, 2007
Page 2
F.ADOPT RESOLUTION AMENDING RESOLUTION NO. 2007-91, TO
CORRECT DESCRIPTION OF PARCEL 1, A PART OF EDEN ROAD
VACATION 07-03
G.AWARD BID TO QWEST FOR POSITRON VIPER FOR 911 SERVICES
IX.PUBLIC HEARINGS /MEETINGS
A.THE POINTE ON LAKE RILEY -LEU Request for: Planned Unit Development
Concept Review on 2 acres, Planned Unit Development District Review with waivers
on 2 acres ,Zoning Amendment within the R1-22 Zoning District on 2 acres,
Preliminary Plat of 2 acres into one lot. Location: 9100 Stephens Pointe . (Resolution
for PUD Concept Review ;Ordinance for PUD District Review with waivers and
Zoning Amendment ;Resolution for Preliminary Plat)
X.PAYMENT OF CLAIMS
XI.ORDINANCES AND RESOLUTIONS
A.FIRST READING OF AN ORDINANCE RELATING TO SNOW REMOVAL
ON SIDEWALKS AND TRAILS
XII.PETITIONS, REQUESTS AND COMMUNICATIONS
XIII.APPOINTMENTS
XIV.REPORTS
A.REPORTS OF COUNCIL MEMBERS
B.REPORT OF CITY MANAGER
C.REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
1.Dunn Bros./Smith-Douglas-More House
D.REPORT OF PARKS AND RECREATION DIRECTOR
1.Healthcare Reimbursement Contracts
E.REPORT OF PUBLIC WORKS DIRECTOR
F.REPORT OF POLICE CHIEF
G.REPORT OF FIRE CHIEF
H.REPORT OF CITY ATTORNEY
ITEM NO.: VI.A.
UNAPPROVED MINUTES
CITY COUNCIL/SCHOOL BOARD WORKSHOP
& OPEN FORUMIOPEN PODIUM
TUESDAY,SEPTEMBER 18, 2007 CITY CENTER
5:00 - 6:25 PM,HERITAGE ROOM II
6:30 - 7:00 PM,COUNCIL CHAMBER
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon
Duckstad, and Kathy Nelson
SCHOOL BOARD :Chair Carol Bomben; Vice Chair Greg Olson; Treasurer Jill Scholtz;
Directors Phil Rose, Jan Eian, and Jim Mortenson
SCHOOL DISTRICT STAFF: Superintendent Melissa Krull, Patricia Magnuson, Jim
Anderson, Carrie Melton Hannily
CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen,
Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and
Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, Assistant to the City
Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters
Heritage Room II
1.SCHOOL BOARD /CITY COUNCIL DISCUSSION (5:00 to 6:00 p.m.)
A.COMMUNITY CENTER UPDATE
Parks and Recreation Director Jay Lotthammer presented an update on
construction at the Community Center. He distributed plans showing the layout
of the upper and lower levels of the building.
B.FOREST HILLS AND PRAIRIE VIEW PARK UPDATES
Lotthammer also discussed progress on the Forest Hills Park and Prairie View
Park projects, and distributed site plans for both parks.
C.SCHOOL DISTRICT-CITY COOPERATION AWARDS APPLICATION
School Board Chair Carol Bomben distributed a flyer from Minnesota Counties
about the first annual Local Government Innovation Awards, which recognize
outstanding cities, counties and schools that have used "inventive practices to
improve local services.Bomben asked if there might be interest in submitting a
joint award application for projects the City and School District have collaborated
on. She said the deadline for applications is in December.
D.DISTRICT SNOW REMOVAL MEETING
Public Works Director Gene Dietz said the community survey conducted by the
City last winter showed residents support a property owner sidewalk snow
removal policy. Staff will discuss the possibility of implementing a sidewalk
snow removal policy with the City Council at the October 2 Workshop. Dietz
said if the policy is implemented, the School District will probably be responsible
for removing snow on some sidewalks near Cedar Ridge School. Superintendent
Melissa Krull thanked City staff for keeping the School District informed of the
possible policy change and their willingness to work together in implementing the
policy.
E.RADIO SYSTEM UPDATE
Fire Chief George Esbensen explained that the City prevailed in a radio rebanding
case against Nextel. The $2.9 million judgment in favor of the City will results in
all of the City's existing radios being replaced with new higher-power radios.
This includes all Police and Fire radios as well as those used by Parks, on school
buses, at the schools and Southwest Transit. Esbensen said Police and Fire will
be on the regional radio system but will be able to communicate with Parks, the
schools and Southwest Transit when necessary.
F.MOODY'S PRESENTATION
City Manager Scott Neal showed a PowerPoint presentation that had been given
during a meeting of City staff with representatives of Moody's Investors Service.
The presentation highlights current development projects in Eden Prairie.
II.FUND BALANCE PRESENTATION (6:00 to 6:25 p.m.)
Finance Manager Sue Kotchevar presented a PowerPoint on current City fund balances.
Council Chamber
OPEN FORUM (6:30 to 6: 50 p.m.)
A.JENNIFER OR JOHN URBANSKI - BUDGET
Mr. Urbanski expressed concern over the City's proposed 2008-2009 budget
reductions.He asked the Council to reconsider the manager's recommendation.
He also presented a petition he said has been signed by 600 residents who support
his position.
B.TOM BRIANT - JON DUCKSTAD'S BUDGET RESOLUTION / 2008-2009
BUDGET
Mr. Briant said he has proposed a number of cost-cutting measures to the City
Council over the past several years. He urged the Council to pass Council
Member Duckstad's resolution directing the City Manager to submit budgets with
2.5% increases for 2008 and 2009.
C.LAUREN CARLSON -VOHS - SOCIAL SERVICES BUDGET
Ms. Carlson-Vohs asked the Council to keep in mind former Mayor Jean Harris'
legacy of supporting human services. She said that on September 29 at 1:00 p.m.
a group of Somali teens who have formed a group called Solution Finders will be
making a presentation on their life as immigrants in our community. She
encouraged Council Members and the public to attend this event.
D.JOHN JARVAIS - SOCIAL SERVICES BUDGET
Mr. Jarvais said he feels he needs to speak out on proposed human services cuts.
He said our government is by the people and for the people, meaning we can
choose which services to provide. He said he is not okay with reducing the
amount of food provided for people in need. Charity begins at home and Eden
Prairie is his home.
IV.OPEN PODIUM (6:50 to 7:00 p.m.)
A.DAVID ENGEN - SOCIAL SERVICES
Mr. Engen said he has practiced law for many years and lives in Boulder Pointe.
He said he knows many working poor and many immigrants. He asked whether
or not we welcome these people to our community. He said the community
would be crazy not to offer assistance to these people and encouraged the Council
to continue funding human services.
V.ADJOURNMENT
ITEM NO.: VI.B.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,SEPTEMBER 18, 2007 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon
Duckstad and Kathy Nelson
CITY STAFF: City Manager Scott Neal ,Parks &Recreation Director Jay Lotthammer ,Public
Works Director Eugene Dietz ,City Planner Michael Franzen ,Community Development Director
Janet Jeremiah ,City Attorney Ric Rosow and Council Recorder Jan Curielli
1.ROLL CALL / CALL THE MEETING TO ORDER
Mayor Young called the meeting to order at 7:02 PM.
II.PLEDGE OF ALLEGIANCE
III.COUNCIL FORUM INVITATION
IV.PROCLAMATIONS / PRESENTATIONS
A.WELCOME ABC STUDENTS
Mayor Young said this is the time of the year when we welcome the ABC students.
The six students introduced themselves and stated where they were from and what
grade they were in. The Assistant Resident Director at the ABC house, distributed
brochures about their 5K walk/run fund raiser to be held on Saturday, September
29 at Purgatory Creek. Young thanked the students for coming.
V.APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Neal noted Consent Calendar Item VIII.A.is revised to drop the request for a temporary
liquor license from the Eden Prairie Historical Society and to add a new request for a
temporary liquor license from the Vikings Children's Fund.
MOTION: Aho moved, seconded by Duckstad, to approve the agenda as amended.
Motion carried 5-0.
VI.MINUTES
A.COUNCIL WORKSHOP HELD TUESDAY,SEPTEMBER 4, 2007
Neal said the first sentence on Item C. 1., Page 2, should be changed to
"...Commission assigned Don Uram, Gwen Schultz ...Young said his comments
on Page 10, Paragraph 2, Sentence 2 were incorrect and should be changed to read,
"If the group that is receiving grant funds provides a service which is reasonably
CITY COUNCIL MINUTES
September 18, 2007
Page 2
related to services which residents can expect from the City and if they were not
provided by the non-profit, then it would be appropriate to finance them.
MOTION: Duckstad moved, seconded by Butcher, to approve the minutes of the
Council Workshop held Tuesday, September 4, 2007, as amended.Motion carried
5-0.
B.CITY COUNCIL MEETING HELD TUESDAY,SEPTEMBER 4, 2007
MOTION: Butcher moved, seconded by Nelson, to approve the minutes of the
Council Meeting held Tuesday, September 4, 2007, as published.Motion carried
5-0.
VII.REPORTS OF ADVISORY BOARDS & COMMISSIONS
A.HERITAGE PRESERVATION COMMISSION
Betsy Adams, Chair of the Heritage Preservation Commission (HPC) gave an
update on what the Commission is doing. She said the success story of the HPC
began in 1990. She reviewed their mission and their current projects and studies.
She noted the Riley-Jacques Homestead has become a family heritage park and is
used for a wide array of events. The Smith-Douglas-More House, leased to Dunn
Bros., has become the meeting place of choice for many residents in the community
and was applauded state-wide as an adaptive reuse project. The Staring Lake
Outdoor Center has been used by thousands of Eden Prairie residents.
Adams said rehabilitation work has recommenced this month on the Glen Lake
Children's Camp, which is listed on the National Register. There is a grant-funded
reuse study in process for the National Register-listed Cummins-Grill Homestead,
and the study manager will present three viable reuse options to the City Council in
November. She reviewed the effects of the County Road 1 improvements on the
Cummins-Grill property, noting the property will lose about 70 feet along the front
as a result of the road work. The Dorenkemper property is being restored to depict
life on an Eden Prairie farm in the 1920's.
Adams said the Commission is in the process of reprinting Helen Holden
Anderson's book,Eden Prairie, The First 100 Year.In 2008 they plan to continue
sponsoring community education on the value of preservation, improve their
website and build partnerships. The Commission also plans to recognize and
celebrate Eden Prairie's Sesquecentennial in 2008.
VIII.CONSENT CALENDAR
A.CLERK'S LICENSE LIST
B.APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BME
CONSULTING FOR CONVERSION OF HAND DRAWN APPRAISAL
SKETCHES TO DIGITIZED DRAWINGS
CITY COUNCIL MINUTES
September 18, 2007
Page 3
C.ADOPT RESOLUTION NO. 2007-102 DECLARING COSTS TO BE
ASSESSED AND ORDERING PREPARATION OF SPECIAL
ASSESSMENT HEARING ROLLS AND SETTING THE HEARING DATE
FOR OCTOBER 16, 2007
D.APPROVE CONTRACT FOR DEN ROAD REMODEL PROJECT
MOTION: Duckstad moved, seconded by Aho, to approve Items A-D on the
Consent Calendar.Motion carried 5-0.
IX.PUBLIC HEARINGS /MEETINGS
X.PAYMENT OF CLAIMS
Nelson noted there was a series of checks issued that listed the 494 Corridor Commission
as the Business Unit that included a check to the Minneapolis Downtown Council for over
$11,000. She asked if this money is in addition to the amount we pay to the 494 Corridor
Commission. Neal replied we are the administrative partner so we receive and disburse the
funds on their behalf. Nelson asked if that means it is just money in and money out. Neal
said that was correct.
MOTION: Aho moved, seconded by Duckstad, to approve the Payment of Claims as
submitted.The motion was approved on a roll call vote, with Aho, Butcher ,Duckstad,
Nelson and Young voting "aye."
XI.ORDINANCES AND RESOLUTIONS
XII.PETITIONS, REQUESTS AND COMMUNICATIONS
XIII.APPOINTMENTS
XIV.REPORTS
A.REPORTS OF COUNCIL MEMBERS
1.Resolution No. 2007-103 Directing Preparation of Alternative Budgets
for 2008 -2009 -Councilmember Duckstad
Duckstad said he drafted a resolution requesting the City Manager to
prepare an alternative budget plan for the years 2008 and 2009. He noted
the City Manager did prepare a proposed 2008-2009 total budget plan
which he presented to the Budget Advisory Commission (BAC) in June and
July of this year. Sometime later the City Manager also prepared a second
alternative proposed budget for 2008-2009 which reduced in some measures
the spending of the original Version 1.0 budget. The Version 1.0 budget
called for an increase in spending from the current 2007 budget total of
$39,261,313 to a total of $42,054,786 for 2008. The Version 2.0 proposed
budget reduced that spending by not quite $1,000,000. His resolution
would, if adopted, direct the City Manager to prepare an alternative total
CITY COUNCIL MINUTES
September 18, 2007
Page 4
proposed budget for 2008 which would not exceed $40,261,313, an increase
in spending of $1,000,000 over 2007. His resolution also asked that the City
Manager prepare an additional proposed budget for 2009 not to exceed
$41,261,313, which would again be an increase in spending of $1,000,000.
Duckstad said the basis for submitting this alternative proposed budget is
that these spending caps of $1,000,000 for each of the two budgets in the
next two-year cycle would increase the rate of spending to take care of the
needs of the City but would otherwise slow the rate of growth in annual
spending. He believes the City department heads are better equipped to
make budget cuts and prepare an alternative budget than are members of the
City Council. He thought the proposed Version 3.0 budget would help the
City Council in evaluating proposed budgets because it would provide a
wider range of spending plans that we could evaluate with the final result of
reaching what we believe is an acceptable rate of spending.
MOTION: Duckstad moved, seconded by Aho, to adopt Resolution No.
2007-103 to direct the City Manager to prepare an alternative total proposed
budget for 2008 not to exceed $40,261,313, and to direct the City Manager
to prepare an alternative total proposed budget for 2009 not to exceed
$41,261,313.
Young asked where his figure of a $1,000,000 increase for both years 2008
and 2009 came from. Duckstad said that amounted to an increase in our
annual proposed budget of about 2.5%. He said he was not asking the City
Council to adopt a proposed budget tonight, but was just asking that an
alternative proposed budget plan in that amount be created so we would
have an opportunity to evaluate the budget and determine whether that or
some other level of spending would be appropriate. It would be only an
alternative and would give us a wider opportunity to consider in our budget
discussions.
Young asked if that meant Council Member Duckstad would not support a
budget for 2008 that is greater than $1,000,000 more than the 2007 budget,
or if he was suggesting this as an analytical tool to aid in our discussions.
Duckstad said he was not saying he would not support a 2008 budget
greater than $1,000,000, but he thought we should examine everything that
is submitted to us to determine the appropriate level of spending in light of
the recommendations. He would like an opportunity to consider what cuts
the department heads would make if they were told they had a smaller
amount to spend.
Butcher said she has a lot of questions and some great concerns about this
proposal. She thought setting a resolution is a much greater thing than just
asking a question or having an analytical tool. This is not our usual process,
she did not understand the need for it, and she didn't believe it is necessary.
The Council has always gone through a complex flow chart and has a
comprehensive budget process. She thought setting an arbitrary level of
CITY COUNCIL MINUTES
September 18, 2007
Page 5
nearly zero tax growth without the benefit of having staff input, the BAC
review, citizen comment and in-depth Council discussion is expressing an
opinion of where you would like to see it go. If the Council thought it was a
good idea to look at a very, very low growth budget and asked for a
proposed budget at that level, then we would have to ask some very
important questions such as what the impact will be, will staff be laid off,
will services be eliminated, will roads and public projects be put on hold,
will Police and Fire officers not be hired, and will parks not be maintained.
When we go through a budget process there is nothing that prevents any of
us from looking deeply at the budget and asking questions of the staff. The
bottom line to her was this is an incredibly arbitrary number that isn't tied
to the hard work staff does to establish suggested budgets based on our
objectives that we set at the beginning of the year, nor is it really tied to an
open dialogue. She thought it puts a restriction in place and it looks more
like a levy limit. As a local government we try very hard not to have
another governmental organization tell us what our levy limits are so that
we can have a dialogue on what is needed in the City. She thought this
seems like an extra step and just doesn't feel like a good government
process.
Aho thought this would give us another opportunity to look at the budget
with a different amount of increase. This is not as much of an increase as
we were looking at before, but it is still a budget increase of 2.5%. We have
to set some kind of arbitrary limit on what amount we think the government
should grow. This would allow us to look at a 2.5%increase to see what
that would mean to the various City services. We have already set the levy
limit at the original Version 1.0 budget, which is much higher than this
proposal. He thought this is another way of looking at the budget with a
2.5% increase each year and he thought it is a good idea.
Duckstad said when he looked back at the budgets that were adopted for
2006 and 2007, the 2006 budget was an 8.9% increase and the current 2007
budget is a 6.2% increase. At that level of spending the budget will double
in 13 years. If the City were going to be at a population of 130,000 in 13
years, that might work; however, we have nearly reached the end of our
growth. He thought the level of spending in the last two years has been
higher than it should be. He researched past City budgets, and found the
2003 budget was 1.4% less than the year before, so somehow that was done.
In 2004 the budget was only 2.3% more than 2003. As he recalled, back in
2003 as a result of that budget the City was given an AAA bond rating and
received three national awards for good business practices. So to just
arbitrarily say one figure is right or wrong is not the answer. We could look
at a smaller budget and find out what reductions the City staff would make.
We could determine from what they tell us if reductions are possible. We
should see the facts and hear from the City departments before we reject a
smaller budget.We recently took a poll in the City on the tax issue, and
about half the people were opposed to increasing taxes if it would increase
any services. There are people interested in reining in spending as long as
CITY COUNCIL MINUTES
September 18, 2007
Page 6
we can provide an adequate level of services. He thought the City Council
also has some duty to give direction to the City Manager and staff to let
them know what we want rather than waiting for them to serve up a budget.
Nelson noted that on the City survey 39% said they did not want an
increase ,41 % did, and 20% wanted to know how much and for what, so
closer to 2/3 of the City were willing to consider an increase if it was
needed. She said she was not in favor of this resolution. When you consider
that almost $800,000 of the Version 2.0 budget is taken up by the new
ongoing items for the Community Center plus the Fire Station and knowing
we will have some growth ,we are coming close to a zero increase budget,
which is a radical departure from the past City programs. She did not think
this is what the people of Eden Prairie want. If it weren't for the new
growth in the situation, it might be different and once the new Community
Center money is included in the budget for 2009, she might consider a 3%
increase depending on what has gone on in the economy; however, under
the circumstances where we do have an expanding City government that
was taken by referendum from people in the City, she didn't think we can
keep it this low. She wanted more information about why it has gone up so
much but she didn't think we can have a increase of only $200,000 because
that is simply too extreme.
Butcher said it is an incredibly complex process when you look at the
budgets. It is very difficult to just look at annual tax levy numbers without
truly having a discussion or an understanding of what was going on in that
year. There may have been a referendum that would have changed the
money number or we might have received more money because there was
greater growth. Just comparing figures doesn't give a picture of what
happened in the City that year. She noted we have something in cities called
a price deflator that is a type of inflation and is set for a city like us at about
5%. Neal noted it is 4.3%. Butcher said that is a different inflation than an
individual might experience. This is what an entire city might experience
and includes many factors. At this very basic level there is an increase of
4.3%, so to look at an increase of only 2.5% means we do have to cut. To
her this doesn't seem like a very tenable proposal. We could have
discussions about it in our workshops, but she didn't think we need a
resolution that makes a statement like this.
Duckstad said we had a Budget Advisory Commission that he believed was
used for the first time in the history of the City. He had an opportunity to
attend all of their workshops and he was impressed with the effort they
made and the report they came up with. They made 20 recommendations
that were the result of a lot of hard, pensive thinking about the budget
process and about the budgets that were presented to them. A fair reading of
their report suggests there are areas that should be looked at much more
closely. They pointed out there was $8,000,000 in the Capital Improvement
Fund (CIP) and $2,600,000 in the Economic Development Fund, and they
suggested somebody at least look at whether we needed a $1,000,000 levy
CITY COUNCIL MINUTES
September 18, 2007
Page 7
for the CIP. That raises the issue that a reduced levy could be in order. He
said there are some other areas and a number of items that we could look at
carefully. He noted when we had a chance to process and expand the
Community Center Mr. Lambert indicated it was a substantial investment in
that building but he made it very clear that he thought any other parks and
recreation projects should be put on hold. Duckstad said he didn't know
what effect putting these projects on hold would have on the budget or if
there are some things that can be held up legitimately so we have a
reasonable budget. He was not asking the City Council to adopt a 2.5%
budget, but rather was asking to have an opportunity to see a budget that is
in that area to see if it could be reached, and that would be to the benefit of
the taxpayers in Eden Prairie.
Nelson pointed out the Council received information at the workshop this
afternoon regarding the $1,000,000 levy that indicated if we don't levy that
amount our CIP would be negative by 2013. She did not think we want to
be known as the City Council that took our Capital Improvement Fund to
bankruptcy.
Duckstad said he was not suggesting that the levy be terminated
permanently. It may not be needed for this year on the basis of the fund
balance. He wants more information, not less, and was asking for a wider
opportunity to look at a wider range of spending so we end up with an
acceptable level of spending in the final analysis.
Young said it sounds like we are having a substantive discussion on an issue
that isn't yet before us. He did not agree with some of the characterizations
that have been made. He thought for purposes of our discussion it might be
useful to look at things such as the CIP balance and he didn't think anyone
on the Council likes the connotation of bankruptcy because we all take our
jobs too conscientiously for that. He said he took issue with some comments
regarding leadership in controlling the growth of the budget because he
believes he has taken a leadership position in controlling that growth every
year for the five years he has served on the City Council. He had some
initial reservation about this resolution because if we pass a resolution there
is some formality attendant to it and he feared it might be interpreted as
being more important than just providing an analytical tool. For any
$40,000,000 organization such as we are, it is a useful exercise to look at a
budget and this would be a very useful tool. He was conflicted on this
because he recalled it was several months ago at a workshop before the
Budget Advisory Commission began we asked to see a zero budget so it
could be used as an analytical tool. We can't turn back the clock, but it was
a reasonable request. We are now three months down the line and don't
have the benefit of that information. He said he views this only and
exclusively as an analytical tool as part of our budget process and is not
suggesting that this Council will limit the budget increase to 2.5% without
knowing what the impacts would be.
CITY COUNCIL MINUTES
September 18, 2007
Page 8
Duckstad said before he had a chance to be elected to the Council, he
recalled Council Member Aho at a previous occasion asking for an
opportunity to see a reduction in a proposed budget. Council Member Aho
made that request for a zero increase budget in good faith in order to see
what cuts the departments would make and then analyze that information.
When a Council Member makes such a request and nothing is done, he did
not know what else can you do other than put it on the agenda and have the
body as a whole ask for it.
Butcher said she had a lot of concerns about this. One of her concerns is
putting a huge amount of work on the staff when we have already asked
them to go through and show us what reasonable cuts could be made. It is
extremely time consuming, and it takes a lot of thought about what the
ramifications would be. If this passes she just wants the governing body to
understand what we are asking of the staff and at what expense that would
be done.
Neal said he could provide the options being discussed tonight. He said our
budget process to date has never been one driven by the City staff preparing
individual budgets for each City Council Member for comparison among
themselves. Our budgets in the past have been based on the Council giving
direction about service levels and staff giving information on what it costs
to provide that service level. He thought it is fair to advise the Council that
even going through the exercise of preparing a zero budget or 2.5% increase
does come with an employee relations cost. At a 0% increase in our
budgeted spending, there will be an employee cost and there would be no
way to hold that cost outside of the Police and Fire Departments because
those departments are the biggest part of our budget. He said there is also a
communications cost. For example, we have not proposed a reduction in
PROP or Meals on Wheels, yet how many times has the Council been
admonished for proposing that when no such proposal was made by either
the Council or staff. He suspected there will be other questions and
comments about the proposal as well and there will be some costs that
elected and appointed officials will have to bear even though it might be a
hypothetical exercise.
Young said unfortunately it is a part of our business that is unavoidable
because we can't hold our budget discussions in private. He noted that the
Hennepin County Commissioners are also looking at alternative budgets.
VOTE ON THE MOTION:Motion carried 3 -2, with Butcher and
Nelson opposed.
B.REPORT OF CITY MANAGER
1.Update for 20 -40-15 Program
Neal said this is the proposal to increase the energy efficiency of our
CITY COUNCIL MINUTES
September 18, 2007
Page 9
buildings by 20% and our vehicle fleet by 40% by the year 2015. The
proposal will include our ten biggest buildings that comprise about 750,000
square feet. Staff has interviewed six different consultants this year. There
are two different kinds of consultants, the traditional engineering fee for
service kind and performance contract consultants that will take their
benefits out of the energy savings we would get from the project. There is a
unique mechanism available in Minnesota for local governments and
School Districts to use that allows this. Staff is recommending that we
retain McKinstry Co., a performance contract consultant. They are
developing a detailed engineering services agreement that will be brought
back to the Council at the first meeting in October.
2.Dates for December 2007 City Council Meetings
Neal noted he raised this question at the last Council Meeting. The
City's statutory date for its 2007 Truth-In-Taxation hearing is Monday,
December 3, 3007. There seemed to be a consensus on the Council to
move the regular meeting to Monday, December 3, and to hold open
the Tuesday, December 4 meeting date if it would be necessary to
continue the Council meeting. The time for the Truth-In-Taxation
hearing would be set for 7:00 pm and the Council meeting would
immediately follow the Truth-In-Taxation hearing. He planned to
schedule the Council Workshop and Open Podium immediately prior
to the Truth-In-Taxation hearing, pursuant to our customary schedule.
It will be necessary for the Council to take official action to make
changes to the regular schedule.
MOTION: Aho moved, seconded by Duckstad, to change the date of
the City Council meeting originally scheduled for Tuesday, December
4, 2007, to Monday, December 3, 2007, at 7:00 pm.Motion carried 5-
0.
3.Final Report and Recommendations of Budget Advisory Commission
Neal said this request is for the City Council to accept the final report
of the Budget Advisory Commission (BAC) and to direct staff to
implement the City Manager's recommendations for Items 1-20. There
was some discussion with the BAC on the report and some discussion
on the Council. Of the 20 recommendations, the Council has already
taken an action on Item 4, asking us to defer any action on that. Of the
remaining 19 items his recommendations differ from those of the BAC
on four items.
Nelson said instead of deferring the action on Item 4 we said we would
continue the Senior Center programs at the current location. Neal said
we are not doing anything with it.
Nelson said she wanted to pull Item 9b for discussion. Butcher asked to
CITY COUNCIL MINUTES
September 18, 2007
Page 10
pull Item 16. Aho said he understood we are just accepting the report
as it was delivered and asked why we would debate and discuss the two
issues.Butcher asked if we will have time in the future to talk about
some of these. Young said we are just accepting the report for what it
is.
Neal said he was asking the Council to take another step to direct staff
to begin the actions on the recommended items. It might be that we
would not go forward immediately with some of the recommendations
without Council direction to proceed. This is the time for Council to
direct that to happen and endorse a particular point of view.
Rosow noted that accepting the report is one item and directing
implementation of the recommendations is another item.
Nelson said she thought it would be accepting the report as the City
Manager responded to it which, in some cases, would be different from
"as recommended. She said she didn't agree with the City Manager's
recommendation in some cases. Aho suggested we amend the proposed
motion to just accept the report and not go as far as the implementation
of it. He asked if it is necessary to do that tonight.
Neal said at some point it is important. We are in the midst of budget
preparation, but at some point he would like the Council to weigh in
and break the tie between the BAC recommendations and his
recommendations. There are a number of the items already in action,
and there are several items we would refer on to an advisory
commission.
Young thought this is better suited to a workshop than a Council
meeting, but he thought we should do it expeditiously. Neal said we
will look at the workshop schedule in the next item.
Rosow recommended that the action be tabled because accepting the
report carries with it accepting the recommendations in the report and
that leaves some doubt as to what is the result if the City Manager's
recommendations are different.
MOTION: Aho moved, seconded by Butcher, to table discussion of
the Final Report and Recommendations of the Budget Advisory
Commission to a workshop.Motion carried 5-0.
4.Council Workshop Schedule for the Balance of 2007
Neal reviewed the revised workshop schedule for the balance of the year.
He noted the November Council meetings were changed to the second and
fourth Tuesdays because of the election, so there is a workshop scheduled
on November 13. The Community Technology Task Force report is ready
CITY COUNCIL MINUTES
September 18, 2007
Page 11
to give their final report so he didn't recommend rescheduling that
workshop. He said they have proposed the same format as previous years
for the off-site Town Hall meeting on November 27 at Fire Station 4. He
asked Ms Jeremiah about the subject for the December 18 Joint Meeting
with the Planning Commission. Jeremiah said discussion at that meeting
will cover the CIP proposal for the streetscape and way finding. She said by
then we should have better budget information and public meetings will be
completed so that staff will be able to inform the Council and Planning
Commission on the status of that and also the potential for financing it.
Young suggested that the workshop on October 16 start early. Neal asked if
4:00 PM was okay. Young agreed and said we should set a date for another
budget discussion. He asked if we are committed to continue with the Town
Hall meetings. He thought it was a great idea, but it really hasn't worked so
far.We can't have it broadcast live and that brings a cost. There are not a lot
of people that show up at the town meeting. Neal said this is definitely at
the pleasure of the Council. Young thought it would be appropriate to keep
it in this year because it scheduled shortly before the Truth in Taxation
hearing and budget discussions so it does provide an opportunity for more
citizen input. He suggested for next year we get rid of it.
Neal noted there is a time period of about a month between the October 16
and November 13 Council meetings in which we could try to schedule
something. Nelson thought instead of just having a one or 1-1/2 hour
workshop we could take the full time from 5-8 or 9 for the additional
meeting. She thought we could easily do that and it would probably be
beneficial. She would like to have the meeting in the Council Chamber
rather than downstairs. Duckstad agreed. Aho agreed and suggested October
30 as the date because he would rather see it occur earlier than later. Neal
said he would need to check out a couple of things, but he would start with
that date and see if we can work it out.
Neal noted there is another situation that exists near Southwest Station on
Technology Drive. There is a temporary blue plastic water pipe on the ground that
serves the restaurants in that area. There is a dispute among the property owners
there about who should bear the cost for improving the water line and bringing
conventional water service into that area. He said staff is working at trying to
resolve the situation, but he wanted the City Council to be aware of that. They are
also looking at that service for the Park & Ride facility since we must have water
service for fire protection there. It is a situation that staff is monitoring and he will
continue to keep Council Members updated about it.
C.REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D.REPORT OF PARKS AND RECREATION DIRECTOR
1.Veterans'Memorial Update
CITY COUNCIL MINUTES
September 18, 2007
Page 12
Lotthammer said over the past several months he has had the opportunity to
work with Stu Fox and the SRF consultant on the Veterans' Memorial. He
said they are moving into the construction phase and noted the diagram in
the packets that show Phase I of the memorial. The Veterans Memorial
Committee is proposing to move forward with construction for Phase I and
have a ribbon-cutting ceremony at Veterans Day. He said John Mallo is
here to give an update on the committee's activities.
Mr. Mallo said it has been a wonderful experience being on the committee.
They started with 20 people, but the membership dropped to 8-10 when
they got into the fund raising phase. Just recently they started to build their
membership again.They have received a lot of newspaper coverage on the
memorial as well as coverage from KARE 11 TV. They have been at
several City events including the Veterans Run at Purgatory Creek. He
presented Mayor Young with a "Fastest Elected Official medal for his
participation in the Veterans Run.
Mr. Mallo said within one month of their start WalMart gave $50,000. In
the next six months they raised another $13,000. They are currently selling
names on the memorial for $250 each, having a raffle, and sponsoring the
Veterans Race. They have received $27,000 from these individual efforts.
At this rate it will take a long time to raise the full amount needed for the
memorial. They are pleased they have raised about $100,000 so far but it
has been challenging to ask corporations for funding right after the
campaign for funding the hockey rink. He asked Council Members to help
with any contacts they might have in the corporate world.
Mr. Mallo said they plan to honor three veterans from Eden Prairie at their
Veterans Day celebration, Reuel Long from World War II, Tim Sather from
the Viet Nam War, and Tyler Faye from the Iraq War. He said by
completing Phase I of the memorial they hope to show we have raised some
funds and by having the flags there we will have something people can see.
Young thanked Mr. Mallo and the other committee members for their
dedication and hard work.
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
CITY COUNCIL MINUTES
September 18, 2007
Page 13
MOTION: Butcher moved, seconded by Duckstad, to adjourn the meeting.Motion
carried 5 -0.Mayor Young adjourned the meeting at 8:27 PM.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar October 2, 2007
DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: VIII.A.
Christy Weigel,Clerk's License Application List
Police/ Support Unit
These licenses have been approved by the department heads responsible for the licensed activity.
Temporary Liquor
Organization: Rotary Club of Eden Prairie
Event:Vino Classic Eden Prairie Uncorked
Date: October 13, 2007
Place :Eden Prairie Life Time Fitness Club
755 Prairie Center Drive
New Liquor License(s)
Licensee name: Osaka Eden Prairie, Inc
DBA: Osaka
Address: 11528 Leona Road
1
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda October 2, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.B.
Community Development 2007 CDBG Funding Allocation ChangeJanet Jeremiah, Director
Molly Koivumaki, Housing and
Human Services Manager
Requested Action
Move To: Adopt the resolution reallocating $26,627 in Community Development Block Grant
(CDBG) funds from Jewish Vocational Services (JVS) to the YMCA child care program.
Synopsis
Currently $26,627 in CDBG funds exist which were allocated for a child care subsidy program.
The City has received a proposal from the YMCA to use these funds to support children in the
YMCA program offered at Eden Prairie Elementary School sites. The subsidy program will help
keep low income children enrolled in the program by lowering the cost, and thus providing a
stable and supportive environment.
Background Information
Reallocation of Child Care Subsidy
For over a decade, the Eden Prairie City Council has approved the allocation of CDBG funds to
the Greater Minneapolis Day Care Association (GMDCA) to provide child care subsidy for low
income Eden Prairie residents who meet certain criteria. In October, 2006, GMDCA ceased
operation and are no longer administering the CDBG funds for the subsidy program The funds
remained allocated for child care subsidy until a new agency could be located.
Hennepin County selected a new agency, Jewish Vocational Services (JVS) to take over
administration of the child care subsidy program. After several months of trying to develop a
workable program in Eden Prairie, JVS informed the City they would not be able to spend the
CDBG funds that were allocated to them for child care subsidy.
City staff received a proposal from the YMCA to use the CDBG funds in the existing program
offered at Eden Prairie elementary school sites. The Human Services Review Committee
reviewed the proposal and are recommending it for funding by the City Council.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
RESOLUTION APPROVING REALLOCATION OF 2007
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
WHEREAS,the City of Eden Prairie ,as an Entitlement Community,receives and administers
Community Development Block Grant (CDBG) funds directly from the Office of Housing and
Urban Development (HUD); and
WHEREAS, the City of Eden Prairie has developed a proposal for the use of CDBG funds, and
held a public hearing on February 20, 2007 to obtain the views of citizens on the proposed allocation
of $267,766.00 for the 2007 Community Development Block Grant Program; and
WHEREAS,the City Council of the City of Eden Prairie approved the allocation of $2,165.00 in
2007 CDBG funds ,and the reallocation of $24,462.78 in CDBG funds from Greater Minneapolis
Daycare Association to Jewish Vocation Services (JVS), for the purpose of administering a child
care subsidy program; and
WHEREAS, since that approval, JVS has not been able to implement a workable child care subsidy
plan and therefore has been unable to expend the CDBG funds allocated for that need; and
WHEREAS, the YMCA has put forth a proposal to use the CDBG child care subsidy funds to
provide care for low income children.
BE IT RESOLVED that the City Council of the City of Eden Prairie approves and authorizes the
reallocation of $26,627 from JVS to the YMCA child care program.
ADOPTED by the City Council of the City of Eden Prairie this 2nd day of October, 2007.
Phil Young, Mayor
ATTEST:
Kathleen Porta ,City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar October 2, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.C.
Jay Lotthammer, Director,Scoreboard Agreement with the Eden Prairie
Parks and Recreation Baseball Association
Requested Action
Move to :Approve the agreement between the City of Eden Prairie and the Eden Prairie
Baseball Association.
Synopsis
The Eden Prairie Baseball Association is requesting permission to construct a scoreboard at the
new Round Lake baseball stadium. Their proposed method to pay for the scoreboard is to sell
advertising on the bottom panel of the scoreboard.
Background
Board members from the Eden Prairie Baseball Association recently approached city staff to
propose a method for advertising that would allow the Eden Prairie Baseball Association to fund,
purchase and maintain a scoreboard. The agreement between the advertisers and the Eden Prairie
Baseball Association is proposed to last for the life of the scoreboard.
The baseball stadium that is currently under construction at Round Lake Park will clearly be
recognized as a high quality facility. Currently, the funding plans for the stadium do not include
a scoreboard. It is staff's opinion along with the Eden Prairie Baseball Association's that a high
quality scoreboard is fitting and an expected amenity for a facility of this quality. A similar
situation occurred several years ago at Miller Park. In order to accommodate the requirements of
a large tournament, scoreboards were deemed necessary. The Eden Prairie Fastpitch Association
worked with Super America to fund the needed scoreboards. The agreement allows Super
America to advertise on the scoreboards for a minimum of 10 years.
Gary Kraemer from the Eden Prairie Baseball Association recently attended the August 6, 2007
Parks and Natural Resources Commission meeting to present the concept plans and funding
scenarios for a scoreboard at the Round Lake baseball stadium. The Baseball Association would
sell four small panels for advertising that would last for the life of the scoreboard. The Baseball
Association would enter into the agreements with the advertisers and would pay directly for the
scoreboard along with all future scoreboard maintenance. The Parks and Natural Resources
Commission voted unanimously to affirm the proposal from the Eden Prairie Baseball
Association to sell advertising to support the purchase of a scoreboard at the Round Lake
baseball stadium. Commissioner Bierman asked that the motion refer to the drawing that was
presented showing who the advertisers would be. Commissioner Gerst moved, seconded by
Commissioner Jacobus, to amend the motion to include that City staff approve advertisers for the
Scoreboard Agreement with the Eden Prairie Baseball Association
October 2, 2007
Page 2
scoreboard. The vote was called on the amended motion with all members present voting aye.
The motion carried, 8-0.
Following the recommendation of the Parks and Natural Resources Commission
recommendation, Parks and Recreation staff worked with the City Attorney to draft an
agreement between the City of Eden Prairie and the Eden Prairie Baseball Association. This
agreement was generated, reviewed and approved by the City Attorney. Board members of the
Eden Prairie Baseball Association have reviewed and are in favor of entering into the agreement
as presented.
Attachment
•Scoreboard Agreement
•Baseball Scoreboard Diagram
•August 6, 2007 - Parks, Recreation and Natural Resources Commission Meeting Minutes,
pages 10 and 11
Scoreboard Agreement
Between the City of Eden Prairie and the Eden Prairie Baseball Association
This Agreement ("Agreement ) is made and entered into as of ,
2007 by and between the City of Eden Prairie, a municipal corporation under the laws of the
State of Minnesota ("City ) and the Eden Prairie Baseball Association ("Association ).
WHEREAS, Association desires to install ,operate and maintain a scoreboard on City
property; and
WHEREAS, the City desires to permit such action, pursuant to the terms of this
Agreement;
NOW THEREFORE,in consideration of the mutual agreements set forth in this
Agreement ,the parties agree as follows:
1.Scoreboard Location .The scoreboard shall be located on City property at Round
Lake Park at a specific location within the park to be agreed upon by the parties.
2.Purchase and Installation of the Scoreboard .The Association shall be solely
responsible for the purchase and installation of the scoreboard. Installation of the
scoreboard shall not commence until the Association has proven to the City's
satisfaction that the Association has received or will receive funds sufficient for
the purchase, installation, and ongoing maintenance of the scoreboard.The
Association shall be responsible to acquire permits and comply with any building
code regulations that may be applicable to the construction, operation,
maintenance and removal of the scoreboard. The Association shall not commence
use of the scoreboard until the City determines that the scoreboard meets the
requirements of this Agreement.
3.Advertising.
a.The City acknowledges that the scoreboard will be funded through paid
advertisements which will appear on the scoreboard.The Association shall be
responsible to solicit advertisers, sell advertising space, and install the
advertisements on the scoreboard.
b.The City reserves the right, at any time, without notice to the Association, and in
the City's sole discretion, to remove or not display an advertisement that: (i) may
violate any applicable law or regulation or infringe an proprietary, intellectual
property, contract, or tort right of any person, including, but not limited to,
defamation, invasion of privacy, false advertising, unfair competition, and (ii)
which includes product names with liquor or alcohol content, tobacco products, or
any other product not appropriate for advertising in a community/use setting.
c.Association warrants that: (i) it has the right and authority to enter into and
perform its obligations under this Agreement; and (ii) any trademark or trade
name or copyrighted material owned or used by the Association, its affiliates, or
any advertiser, and appearing in an advertisement on the scoreboard, is not false,
misleading, defamatory, or obscene and does not infringe or misappropriate any
proprietary or intellectual property right of any person.
4.Maintenance ,Removal and Replacement of the Scoreboard.
a.The Association shall maintain and repair the scoreboard so that the scoreboard
remains structurally sound ,safe, and aesthetically pleasing .The City may require
the Association to perform whatever maintenance and repair to the scoreboard the
City deems necessary.
b.If the Association abandons the scoreboard, or does not maintain or repair the
scoreboard to the City's satisfaction, the City may: 1) Require the Association to
remove the scoreboard; 2) Perform the maintenance and obtain reimbursement
from the Association; or 3) Assume ownership and take possession of the
scoreboard.
c.The City reserves the right to temporarily remove the scoreboard and/or relocate
the scoreboard for any reason. In the event that becomes necessary, the City shall
bear the cost and shall endeavor to minimize the disruption to the Association.
5.Term and Termination.
a.This Agreement shall commence upon execution by both parties. This Agreement
shall continue for a period of one year, and shall automatically renew for
additional one year periods if not terminated by either party. Either party may
terminate this Agreement for any reason upon thirty (30) days written notice prior
to the termination of the period then in force. In addition, the City may
immediately terminate the Agreement if the Association is in default of any term
of this Agreement
b.Upon termination of the Agreement, the City may require the Association to
remove the scoreboard,or the City may assume ownership and take possession of
the scoreboard. If the Association fails to remove the scoreboard , the City may
remove the scoreboard and obtain reimbursement from the Association.
6.Use of the Scoreboard .The scoreboard will primarily be used by the
Association and the Eden Prairie High School Baseball team. In addition, the
City shall have the right to allow use by others deemed appropriate by the City.
7.Indemnification .Association shall defend (or, at the option of City, the City
may defend at Association's reasonable expense), indemnify and hold City
harmless from all claims ,demands ,suits ,actions, proceedings,losses ,fines,
expenses ,costs ,and damages of every kind and description including reasonable
attorney's fees and litigation expenses that may be brought or made against or
incurred by City arising out of or related to the scoreboard.
2
8.Governing Law and Venue. This Agreement shall be governed by and construed
and enforced in accordance with the laws of the State of Minnesota. Any action or
proceeding in any way arising out of or related to this Agreement shall be
litigated, if at all, in a state or federal court located in Hennepin County,
Minnesota.
9.Nature of Relationship .It is understood that this is an agreement between
independent contractors and that neither party is in any way an agent or employee
of the other party.
10.Data Practices Act. The Association shall at all times abide by the Minnesota
Government Data Practices Act, Minn. Stat. § 1301, et seq., to the extent that the
Act is applicable to data and documents in the possession of the Association.
11.Audit. The books, records, documents, and accounting procedures and practices
of the Association or other parties relevant to this agreement are subject to
examination by the City and either Legislative Auditor or the State Auditor for a
period of six years after the effective date of this Contract.
12.Discrimination .In performance of this contract, the Association shall not
discriminate on the grounds of or because of race, color, creed, religion, national
origin, sex,marital status, status with regards to public assistance, disability,
sexual orientation, or age against any participant in the Association's programs,
any employee of the Association, any subcontractor of the Association, or any
applicant for employment.The Association further agrees to comply with all
aspects of the Minnesota Human Rights Act, Minn. Stat. § 363.01, et seq., Title
VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of
1990.
13.Conflicts.No salaried officer or employee of the City and no member of the
Board of the City shall have a financial interest, direct or indirect, in this contract.
The violation of this provision renders the Agreement void.No federal
regulations and applicable state statutes shall be violated.
14.Limitation of Remedies and Liability .IN NO EVENT SHALL CITY BE
LIABLE TO ASSOCIATION OR ANY OTHER PERSON FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
INCLUDING LOSS OR PROFIT OR GOODWILL, FOR ANY MATTER
ARISING OUT OF OR RELATING TO THIS AGREEMENT AND ITS
SUBJECT MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE
BASIS OF CONTRACT, TORT OR OTHERWISE EVEN IF CITY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding
any provisions set forth herein , the City's liability hereunder shall be limited as
set forth in Minnesota Statutes ,Section 466.04 or any similar statute in effect.
15.City Remedies .In the event of breach of this Agreement by Association, City
shall, in addition to any other remedies provided by law, be entitled to the remedy
3
of specific performance, temporary or permanent injunction or other equitable
relief as a remedy for any breach or threatened breach of the provisions of this
Agreement.
16.Entire Agreement. This Agreement constitutes the entire Agreement between
the parties and supersedes any prior oral or written understandings or agreements
relative to the subjects of this Agreement .This Agreement may be amended only
by written instrument signed on behalf of Association and City by persons duly
authorized to do so.
17.Notices. Any notice required or permitted to be given by any party upon the other
is given in accordance with this Agreement if it is directed to City by delivering it
personally to the City Manager; or if it is directed to Association, by delivering it
personally to the Association's President; or if mailed in a sealed wrapper by
United States registered or certified mail, return receipt requested, postage
prepaid; or if deposited cost paid with a nationally recognized, reputable
overnight courier, properly addressed as follows:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Attn:City Manager
Richard F. Rosow
Eden Prairie City Attorney
650 Third Ave. South,Suite 1600
Minneapolis ,MN 55402-4337
If to Association:Eden Prairie Baseball Association
16526 West 78th Street PMB #326
Eden Prairie, MN 55346
Attn:Gary Kraemer
Notices shall be deemed effective on the earlier of the date of receipt or the date
of deposit as aforesaid; provided, however, that if notice is given by deposit, that
the time for response to any notice by the other party shall commence to run one
business day after any such deposit.Any party may change its address for the
service of notice by giving written notice of such change to the other party, in any
manner above specified, ten (10) days prior to the effective date of such change.
4
IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
Dated:By:
Phil Young
Its:Mayor
By:
Scott H. Neal
Its:City Manager
EDEN PRAIRIE
BASEBALL ASSOCATION
Dated:By:
Its:
5
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PARKS, RECREATION AND NATURAL RESOURCES COMMISSION
August 6, 2007
Page 10
Vote was called on the amended motion with all members present voting aye. The motion
carried, 8-0.
IX.NEW BUSINESS
A. ROUND LAKE BASEBALL FIELD SCOREBOARD
Lotthammer explained that Board members from the Eden Prairie Baseball Association
recently approached City staff to propose a method for advertising that would allow the Eden
Prairie Baseball Association to fund, purchase and maintain a scoreboard. The agreement
between the advertisers and the Eden Prairie Baseball Association is proposed to last for the
life of the scoreboard. Lotthammer further explained that the scoreboard was not included in
the cost allocation for the construction of the Round Lake field.
Gary Kraemer, a representative from the Baseball Association, explained that this is a first
class baseball stadium and this scoreboard is what is needed to draw it over the edge and to
make it the facility it should be. The estimated cost for the scoreboard is $40,000 and they
would raise that amount. The Association is not asking for any funding from the City for this
scoreboard. In response to a question from Oko, Kramer explained what would be lit on the
scoreboard including the numbers and the team names. A copy of the proposed scoreboard
was presented to the Commission.
Bierman asked what type of advertising would be allowed. Kraemer answered that the four
names shown on the proposal are the four who have committed to this project. They are
Kraemer and Sons, Metro, Rawlings and Cityscape. If one of them did back out, they would
not allow beer or cigarettes to be advertised on this baseball field. Bierman questioned who
would maintain the billboard. Fox responded that this is a LED board and the lights should
have a usage life of 10,000 hours.
Mackay said he is uncomfortable with the bridge across the top of the board. He asked if that
design could be changed. Kraemer said they could take that whole piece off; however, this is
a standard sign. Mackay said he feels it looks industrial. Brill said he did not feel it looked
industrial and pointed out that these are the type of billboards located at other fields
throughout the state. Gerst said he has no problem with the appearance of the sign.
Lotthammer explained that when you have a billboard of this size, having an opening at the
top of the sign reduces the wind load. The bridge is not structural in the sense of it holding
the sign up but removing it may make the sign less durable. Elliott-Stoering said she liked
the sign as presented. Lotthammer said that City staff is currently working with a design firm
and they can get their feedback on the appearance of the billboard.
Motion: Gerst moved, seconded by Jacobus, to affirm the proposal from the Eden Prairie
Baseball Association to sell advertising to support the purchase of a scoreboard at the Round
Lake baseball stadium.
PARKS, RECREATION AND NATURAL RESOURCES COMMISSION
August 6, 2007
Page 11
Bierman asked that the motion refer to the drawing that was presented this evening showing
who the advertisers would be.
Motion :Gerst moved, seconded by Jacobus, to amend the motion to include that City staff
approve advertisers for the scoreboard.
Vote was called on the amended motion with all members present voting aye. The motion
carried, 8-0.
X.REPORTS OF STAFF
A.DIRECTOR OF PARKS AND RECREATION
1.Updated CIP
Lotthammer reported that included with the Commission's agenda material were copies
of the Parks Department's Capital Improvement Requests. This information gives the
Commission a look at some of the items that are included in the plan and their priority.
Lotthammer explained that the report now shows the sources but does not include the
cash-flow analysis. This cash-flow analysis should be available for the Commission's
review at their October meeting.
Brill pointed out that $2 million of referendum money was allocated in 2008 for
improvements to and expansion of the trail system. He asked if this report shows the
money spent or allocated. Fox responded that those are funds are being spent this year
and some of those funds will be carried over for 2008. Those funds were earmarked for
2007 capital expenditures.
Mackay asked if the Flying Cloud fields were listed in this report. Fox said he was not
sure but would have to check to make sure they are included in the requests since those
fields were included in the referendum dollars.
In response to a question from Elliott-Stoering regarding trails and sidewalks, Fox
explained that those projects are listed by priority and they will spend down from the
top. Any work to be done will be brought to this Commission for review prior to
beginning a project.
Brill said this was good information and they will look for the cash-flow analysis to be
presented to the Commission in October. Brill asked if the agreement between the
MAC and Northwest Airlines would affect any of the reliever airports. Lotthammer
responded that the City Manager indicated that it may not. Hopefully they will have
some feedback from MAC within the next week. Fox indicated that as soon as they
receive word that the issues have been settled they will develop plans and
specifications so that they can begin construction.
Napuck asked if there has been any feedback from the Budget Commission regarding
CITY COUNCIL AGENDA DATE:
SECTION:Consent Calendar October 2, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO. VIII.D.
Community Development:Second Amendment - 90 day extension to
Janet Jeremiah/David Lindahl Purchase Agreement - Lot 1 Block 1 and Outlot
C - Columbine Addition (Presbyterian Homes).
Requested Action:
Move to:
Authorize the Mayor and City Manager to execute a second amendment to the purchase agreement for the
sale of a 4.8 acre site owned by the City and legally described as Lot 1, Block 1, and Outlot C - Columbine
Addition,Hennepin County,Minnesota.
Synopsis:
On January 16, 2007 the City Council approved a purchase agreement for the sale of the Lot 1 Block 1 and
Outlot C - Columbine Addition to Presbyterian Homes to be part of a major senior housing and retail
redevelopment. The sale was originally expected to close September 3, 2007, but due to the size and
complexity of the proposal a 60-day extension to the closing was granted by the Council May 15, 2007.
Additional delays have occurred due to a variety of planning issues as well as an effort Presbyterian Homes
to negotiate a land swap with the parcel located at the corner of Prairie Center Drive and TH212 that is
owned by Larry Mikan and Jack Letinen. They are now asking for an additional extension of 80-days to
complete the City entitlement process by December 2 and to close by January 18, 2008. The project is
scheduled for the October 8, 2007 Planning Commission. Staff supports the extension request.
Background:
The 4.8 acres City parcel is residual road right of way from the Columbine Road project and was placed on the
market shortly after the MCA Study was adopted and Columbine plat was approved in December of 2005. Staff
began marketed the property early last year and by May 2006 had received purchase offers from three developers
including Presbyterian Homes. The other two proposals were for mid-rise condominium developments. The
Presbyterian Homes proposal was selected because it had the fewest contingencies, appeared to be the most
feasible from a market and planning stand point, and created an exciting new vision for the complete
redevelopment of the 17+ acre area for a commercial and residential mixed-use project. Also, Presbyterian
Homes is one of the largest not for profit senior housing providers in the country has a good reputation as quality
housing developer.
Attachment:
Second Amendment
SECOND AMENDMENT TO PURCHASE AGREEMENT
This Second Amendment to Purchase Agreement is entered into this 2nd day of
Ocotber, 2007 (hereinafter "Second Amendment") between the City of Eden Prairie, a
Minnesota municipal corporation (referred to herein as "Seller"), and Presbyterian
Homes Housing & Assisted Living, Inc., a Minnesota non-profit corporation, or assigns
(referred to herein as "Buyer"). Seller and buyer respectively shall be referred to herein,
individually as "Seller" and "Buyer," or as "Party" and collectively as "Parties."
WHEREAS, the Parties executed a Purchase Agreement January 16, 2007 and
a First Amendment to Purchase Agreement on May 15, 2007 (hereinafter collectively
the "Purchase Agreement") for the sale of property described as Lot 1, Block 1,
Columbine Road Addition and Outlot C, Columbine Road Addition, Hennepin County,
Minnesota; and
WHEREAS, the Parties desire to amend Section 4.9 of the Purchase Agreement
to extend the Inspection Period; and
WHEREAS,the Parties desire to amend Section 6 of the Purchase Agreement to
extend the Closing Date.
NOW, THEREFORE , in consideration of the foregoing and other good and
valuable consideration ,the receipt and sufficiency of which are hereby acknowledged,
the Parties agree as follows:
In Section 4.9, (i) two hundred and forty (240) days is changed to three hundred
and twenty (320) days, to the effect that the Inspection Period shall end on December 2,
2007, and (ii) the following language shall be deleted from Section 4.9:
"In the event that all Governmental approvals in this Section 4.9 are not
completed within the Inspection period, then the Inspection period shall be
extended, at Buyer's option, for forty-five (45) days (the "Extension Period")
provided Buyer gives Seller a written notice of its intention to extend the
Inspection Period."
Additionally, the boldface bracketed language of the following sentence in
Section 4.9 shall be deleted:
"If the failure to complete the Government Approvals within the Inspection period
is attributable solely to failure by Buyer, $50,000 of the Earnest Money shall
become non-refundable [as consideration for the Extension Period]."
Section 6 of the Purchase Agreement (as amended by First Amendment to
Purchase Agreement )is deleted and replaced with the following:
CARCCab%PL%TempWttach 1 - Pros Homes Second And (Agmement).doc
The closing of the purchase and sale contemplated by this Agreement (the
"Closing") shall occur on the date which is ten (10) days after the earlier of the
satisfaction of the last of all contingencies set forth in Section 4 or the date when Buyer
shall give notice to Seller that the contingencies which are to have been satisfied have
been waived or satisfied , (the "Closing Date "),but in no event shall the Closing Date be
later than January 18, 2008. The Closing shall take place at 10:00 a.m. local time at the
offices of Seller ,or at such other place as may be agreed to. Seller agrees to deliver
possession of the Real Property to Buyer as of the Closing.
Except as amended hereby the Purchase Agreement shall remain in full force
and effect.
IN AGREEMENT, the Seller and Buyer have executed this Second Amendment
to Purchase Agreement as of the date written above.
[SIGNATURES ON FOLLOWING PAGE]
C:%RCCab%PL%TempWttach 1 - Pros Homes Second And (Agmement).doc
SELLER :BUYER:
CITY OF EDEN PRAIRIE PRESBYTERIAN HOMES HOUSING
AND ASSISTED LIVING, INC.
By By
Phil Young Mark T. Meyer
Its Mayor Its Chief Financial Officer
By
Scott Neal
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me on October 2, 2007, by Phil Young as Mayor of
the City of Eden Prairie and Scott Neal as City Manager of the City of Eden Prairie, a
Minnesota municipal corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me on , 2007, by Mark T. Meyer as
Chief Financial Officer of Presbyterian Homes Housing and Assisted Living, Inc., a Minnesota
non-profit corporation.
Notary Public
CARCCab%PL%TempWttach 1 - Pros Homes Second And (Agmement).doc
CITY COUNCIL AGENDA DATE:
SECTION:Consent Calendar October 2, 2007
DEPARTMENT /DIVISION :ITEM DESCRIPTION :I.C. #07-5693 ITEM NO.: VIII.E.
Mary Krause Award Contract for Riley Lake Road
Public Works/Engineering Culvert Replacement
Requested Action
Move to:Award contract for Riley Lake Road Culvert Replacement to Minger
Construction ,Inc., in the amount of $53 ,627.30.
Synopsis
Sealed bids were received Thursday, September 20 for the Riley Lake Road Culvert
Replacement project.Five bids were received and were tabulated as follows:
Minger Construction, Inc.$53,627.30
Parrott Contracting, Inc.$55,779.00
G.L. Contracting, Inc.$58,795.96
Motzko Company, Inc.$65,943.00
G.F. Jedlicki, Inc.$70,292.00
Background Information
This project will replace the existing deteriorated storm sewer pipes that carry Riley Creek under
Riley Lake Road. The new storm sewer crossing has been lengthened to accommodate future
widening of the westerly section of Riley Lake Road as well as a bituminous trail and boulevard
on the north side of the street.
The project will be financed through the storm water utility fund.
Attachments:
•HTPO Recommendation letter
•Bid tabulation
Z
I Engineering Surveying
'^Landscape Architecture
7510 Market Place Drive
Eden Prairie, MN 55344
952-829-0700
952-829-7806 fax
www.htpo.com
September 21, 2007
Ms. Mary Krause
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: Construction Bids for Riley Lake Road Culvert Replacement
I.C. 07-5693
Dear Ms. Krause,
Bids were received and opened at 10:00 a.m. on Thursday September 20,
2007, for the above referenced project. The bids are shown on the attached
Summary of Bids.
The Engineer's Estimate for this project was $63,365.00. The low bidder,
Minger Construction, Inc. came in below the Engineer's Estimate with a
bid of $53,627.30.
Recommendation is made that the City Council awards I.C. 07-5693 to
Minger Construction,Inc.in the amount of $53,627.30.This
recommendation considers that the City Council reserves the right to
waive minor irregularities and further reserves the right to award the
contract in the best interests of the City.
Respectfully,
Hansen Thorp Pellinen Olson, Inc.
Duncan C. Schwensohn, P.E.
DCS:tlb
Enclosures
HANSEN THORP PELLINEN OLSON, INC.
Bid Tabulation 09-20-07 Riley Lake Road Culvert Replacemeent
Riley Lake Road Culvert Replacement City of Eden Prairie I.C. 07-5693
Engineers Estimate Parrott Contracting,Inc.G.F. Jedlicki, Inc.Motzko Com any, L.L.C.Minger Construction, Inc.G.L. Contracting, Inc.
ITEM
No.ITEM QTY UNIT
UNIT TOTALPRICE
UNIT TOTALPRICE
UNIT TOTALPRICE
UNIT TOTALPRICE
UNIT TOTALPRICE
UNIT TOTALPRICE
1 Remove Bituminous Pavement 103 S.Y.$25.00 $2,575.00 $3.50 $360.50 $5.00 $515.00 $11.00 $1,133.00 $8.10 $834.30 $7.70 $793.10
2 Remove Storm Sewer Pipe 135 L.F.$10.00 $1,350.00 $5.00 $675.00 $5.00 $675.00 $9.00 $1,215.00 $6.85 $924.75 $10.40 $1,404.00
3 Remove Concrete Headwall 2 Each $350.00 $700.00 $150.00 $300.00 $300.00 $600.00 $300.00 $600.00 $140.60 $281.20 $45600 $912.00
4 Remove 21" FES 1 Each 15300.00 $300.00 $200.00 $20000 $30000 $300.00 $300.00 $300.00 $140.60 $140.60 $208.00 $20860
5 Sawing Bituminous Pavement Full D, 55 L.F.$3.50 $192.50 $5.00 $275.00 $6.00 $330.00 $4.00 $220.00 $2.40 $132.00 $3.60 $198.00
6 Common Borrow (CV)330 C.Y.$15.00 $4,950.00 $1200 $3,960.00 $25.00 $8,250.00 $25.00 60,250.00 $9.75 $3,217.50 $14.00 $4,620.00
7 Aggregate Base Class 5 (100°%60Crushed Limestone)Ton $25.00 $1,500.00 $21.50 $1,290.00 523.00 $1,380.00 $35.00 $2,100.00 $23.50 $1,410.00 $19.70 $1,182.00
8 Bituminous Wear Course 8.6 Ton $200.00 $1,720.00 $135.00 $1,161.00 $160.00 $1,376.00 $135.00 $1,161.00 $165.00 $1,419.00 $223.60 $1,922.96
9 Bituminous Base Course 11.5 Ton $190.00 $2,185.00 $135.00 $1,552.50 $160.00 $1,840.00 $136.00 $1,564.00 $165.00 $1,897.50 $223.60 $2,571.40
10 42" RC Arch Pi Culvert, Class IV 73 L.F.$285.00 $20,805.00 $188.00 $13,724.00 $207.00 $15,111.00 $140.00 $10,220.00 $210.25 $15,348.25 $181.30 $13,234.90
11 42" RC Arch Pipe Apron w Trash Gu 2 Each $2,500.00 $5,000.00 $2,950.00 $5,900.00 $2,700.00 $5,400.00 $3,600.00 $7,200.00 $2,400.00 $4,800.00 $3,08280 $6,165.60
12 21" RC Pipe Sewer, Class IV 17 L.F.$60.00 $1,020.00 $81.00 $1,377.00 $40.00 $680.00 $120.00 $2,040.00 $62.10 $1,055.70 $36.40 $618.80
13 48" MI-I, with Castro and Assembl 1 Each $1,200.00 $1,200.00 $2,340.00 $2,340.00 $3,000.00 $3,000.00 $3,300.00 $3,300.00 $1,520.00 $1,520.00 $1,848.40 $1,848.40
14 84" MH, with Casting and Assembl 1 Each $5,800.00 $5,800.00 $6,150.00 $6,150.00 $7,000.00 $7,000.00 $5,500.00 $5,500.00 $3,800.00 $3,800.00 $5,326.90 $5,326.90
15 Binder Stone 50 Ton $15.00 $750.00 $28.00 $1,400.00 530.00 $1,500.00 $44.00 $2,200.00 $28.15 $1,407.50 $24.80 $1,240.00
16 Ri ra , Class IV 74 C.Y.$85.00 $6,290.00 $81.00 $5,994.00 $100.00 $7,400.00 $85.00 $6,290.00 $98.50 $7,289.00 $110.40 $8,169.60
17 Ri ra , Salvaged 10 C.Y.$15.00 $450.00 $20.00 $200.00 $70.00 $700.00 $60.00 $600.00 $38.70 $387.00 $28.20 $282.00
18 5'Concrete Cut Off Wall 1 Lum Sum $500.00 $500.00 $1,200.00 $1,200.00 $3,000.00 $3,000.00 $2,300.00 $2300.00 $785.00 $785.00 $1,651.30 $1,651.30
19 Traffic Control I Lum12 Sum $1,000.00 $1,000.00 $400.00 $400.00 $2500.00 $2,500.00 65,700.00 01,700,00 51,100.00 $1,100.00 $676.00 $676.00
20 Silt Fence, Machine Sliced 350 L.F.$2.25 $787.50 $5.50 $1,925.00 $2.50 $67500 $2.00 $700.00 $2.75 $962.50 $2.10 $735.00
21 Seeding 0.12 Acre $3,500.00 $420.00 $5,000.00 $600.00 $8,000.00 $960.00 $5,000.00 $600.00 $9,100.00 $1,092.00 $5,200.00 $624.00
22 Sod 70 S.Y.$3.50 $245.00 $6.00 $420.00 $5.00 $350.00 $20.00 $1,400.00 $6.05 $423.50 $13.90 .$973.00
23 Erosion Control Blanket Category 111 250 S.Y.$4.50 $1,125.00 $3.50 $875.00 $3.00 $750.00 $3.00 $750.00 $220 $550.00 $3.60 $900.00
24 Inlet Protection 2 Each $250.00 $500.00 $400.00 0800.00 $200.00 $400.00 $350.00 $700.00 $350.00 $700.00 $218.40 $436.80
25 Rock Filter Dike 1 Lump Sum $500.00 $500.00 $2,000.00 $2000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $500.00 $541.60 $541.60
26 Clear and Grub 1 Lum Sum $1,500.00 $1,500.00 $700.00 $700.00 $4,400.00 $4,400.00 $2,900.00 $2,900.00 $1,650.00 $1,650.00 $1,560.00 $1,560.00
Total Bid $63,365.00 $55,779.00 $70,292.00 $65 943.00 $53 627.30 $58 795.96
HTPO 07-015 9/ 21 / 2007
CITY COUNCIL AGENDA DATE:
SECTION:Consent Calendar October 2, 2007
DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.:
Denise Christiansen Resolution Amending Resolution VIII.F.
Public Works/Engineering 2007-91, Vacation 07-03
Requested Action
Move to:Adopt Resolution amending Resolution No. 2007-91, to correct the description of
Parcel 1, a part of Eden Road being vacated, Vacation 07-03.
Synopsis
The legal description for Parcel 1 of Vacation 07-03 in Resolution No. 2007-91 was incorrect
and is being corrected and filed with the County.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
AMENDMENT OF RESOLUTION 2007-91 ,TO CORRECT THE DESCRIPTION OF
PARCEL 1, A PART OF EDEN ROAD VACATION 07-03
WHEREAS ,Resolution No. 2007-91 approved by the Eden Prairie City Council September 4, 2007
and recorded as Document No. 4423692 with the Office of the Registrar of Titles,Hennepin County,
Minnesota provided for the Vacation of a part of Eden Road in Section 14, Township 116, Range 22,
Hennepin County, Minnesota; and
WHEREAS ,the description of PARCEL 1 in said Resolution No. 2007-91 is incorrect; and
WHEREAS, the correct description of PARCEL 1 is described as follows:
PARCEL I
That part of Eden Road, formerly known as Town Road, lying within the South Half of Section 14,
Township 116, Range 22, Hennepin County, Minnesota and lying northeasterly, northerly and
northwesterly of the following described line:
Commencing at the northeast corner of the Southwest Quarter of Section 14, Township 116,
Range 22; thence South 88 degrees 27 minutes 05 seconds West, assumed bearing, along the
north line of said southwest quarter a distance of 138.90 feet to the intersection with the northerly
right of way line of Regional Center Road and the actual point of beginning of the line to be
described; thence South 70 degrees 52 minutes 37 seconds East a distance of 20.24 feet; thence
southeasterly a distance of 83.53 feet along a non-tangential curve concave to the southwest
having a radius of 454.18, a central angle of 10 degrees 32 minutes 13 seconds and a chord
bearing of South 49 degrees 02 minutes 06 seconds East; thence continuing southeasterly a
distance of 36.17 feet along a tangential reverse curve concave to the northeast having a radius of
51.83 feet and a central angle of 39 degrees 59 minutes 09 seconds; thence northeasterly a
distance of 14.44 feet along a tangential compound curve concave to the north having a radius of
15.00 feet and a central angle of 55 degrees 09 minutes and 37 seconds; thence North 41 degrees
02 minutes 26 seconds East tangent to the last described curve a distance of 27.28 feet to the
intersection of the easterly right of way line of Eden Road with the northwesterly right of way of
Flying Cloud Drive and there terminating.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the legal
description of Parcel 1 in Resolution No. 2007-91 is amended as set forth above.
ADOPTED by the Eden Prairie City Council on October 2, 2007.
ATTEST:
Phil Young, Mayor
SEAL
Kathleen Porta ,City Clerk
DATE:CITY COUNCIL AGENDA
October 2 2007SECTION: Consent Calendar ,
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.:
George Esbensen, Fire Chief
Fire Department Eden Prairie 911-Positron Viper VIII.G.
Requested Action
Move to: Accept agreement between the City of Eden Prairie and Qwest for updates and system
enhancements to the Eden Prairie 911 dispatch system. The cost for the project is $168,332.06.
The funding for the project is to be from the Eden Prairie 911 Fund which has a current balance
of $260,000.00
Synopsis
The agreement includes the project management, product procurement, monitors, equipment
installation, physical cable layering, software upgrades and a 5 year maintenance plan for the .
Background Information
The Eden Prairie 911 Fund is funded by the various phone carriers that are collecting fees from
users in the City of Eden Prairie.Minnesota State Statute Section 403.113 Subdivision 1 directs
that these funds can be used for this purpose.
The need to update the system was identified during the 2006 budget planning process with
meetings starting as earlier as Mid-2005. The decision to wait until 2007 was predicated on
positioning the City with what is state of the art technology and a system that would allow for the
greatest flexibility and adaptability for the future.
CITY COUNCIL AGENDA DATE: October 2, 2007
SECTION: Public Hearings
DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: IX.A.
Community The Pointe On Lake Riley
Development/Planning
Janet Jeremiah
Regina Herron
Requested Action
Move to:
•Close the Public Hearing; and
•Adopt the Resolution for Planned Unit Development Concept Review on two acres; and
•Approve 1st Reading of the Ordinance for Planned Unit Development District Review with
waivers, and Zoning District Amendment within the RI -22 Zoning District on two acres; and
•Adopt the Resolution for Preliminary Plat on two acres into one lot; and
•Direct Staff to prepare a Development Agreement incorporating Staff and Commission
recommendations and Council conditions.
Synopsis
The project is to replat 3 lots into one single-family lot consistent with the requirements of the
R1-22 zoning district.
Background Information
This project is an amendment to the 2004 approved Point on Lake Riley plan. The approved
plan is for 4 single family lots and 1 outlot.
The 120-Day Review Period Expires on December 18, 2007.
Planning Commission Recommendation
The Planning Commission voted 8-0 to recommend approval of the project at the September 10,
2007 meeting.
Attachments
1.Resolution PUD Concept Review
2.Resolution Preliminary Plat
3.Staff Report
4.Location Map
5.Land Use & Zoning Maps
6.Planning Commission Minutes
THE POINTE ON LAKE RILEY - LEU
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF THE POINTE ON LAKE RILEY - LEU
FOR JEFFREY AND KAREN LEU
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the
Planned Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on September 10,
2007, on The Pointe on Lake Riley - Leu by Jeffrey and Karen Leu and considered their request
for approval of the PUD Concept plan and recommended approval of the request to the City
Council; and
WHEREAS,the City Council did consider the request on October 2, 2007.
NOW, THEREFORE ,BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota,as follows:
1.The Pointe on Lake Riley - Leu ,being in Hennepin County,Minnesota, legally
described as outlined in Exhibit A, is attached hereto and made a part hereof.
2.That the City Council does grant PUD Concept approval as outlined in the plans
stamp dated September 25, 2007.
3.That the PUD Concept meets the recommendations of the Planning Commission
September 10, 2007.
ADOPTED by the City Council of the City of Eden Prairie this 2nd day of October, 2007.
Phil Young, Mayor
ATTEST:
Kathleen Porta ,City Clerk
EXHIBIT A
PUD Concept- (The Pointe on Lake Riley - Leu)
Legal Description:
Lot 1, Lot 2, and Lot 3,Block 1 ,The Pointe on Lake Riley,Hennepin County,Minnesota
THE POINTE ON LAKE RILEY - LEU
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF THE POINTE ON LAKE RILEY - LEU FOR JEFFREY AND KAREN LEU
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of The Pointe on Lake Riley - Leu for Jeffrey and Karen Leu stamp
dated September 25, 2007, and consisting of two acres into one lot, a copy of which is on file at
the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and
Platting ordinances, and amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 2nd day of October, 2007.
Phil Young, Mayor
ATTEST:
Kathleen Porta ,City Clerk
STAFF REPORT
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
APPLICANT:
OWNER:
LOCATION:
Planning Commission
Regina Herron, Planner II
Michael D. Franzen, City Planner
September 7, 2007
Pointe on Lake Riley--Leu
Jeffrey and Karen Leu
G and L Investments, LLC
9092, 9100, 9108 Stephens Pointe
•Planned Unit Development Concept Review on 2.0 acres
•Planned Unit Development District Review with waivers on 2.0 acres.
•Zoning District Amendment within the R1-22 on 2.0 acres.
•Preliminary Plat of 2.0 acres into 1 lot
Staff Report -Pointe on Lake Riley --Leu
September 7, 2007
BACKGROUND
The site is guided Low Density Residential for up to 2.5 units per acre. Surrounding land is also
guided Low Density Residential.
The site is zoned R1-22. This district has a minimum lot size of 22,000 square feet. The required
setbacks are 30 feet front, 15 feet for side yards, and 25 feet for the rear yard.
This project is an amendment to the 2004 approved Point on Lake Riley plan. The approved plan is
for 4 single family lots and 1 outlot.
PROPOSED SUBDIVISION
This is for a replat of Lots 1-3 into one lot for a single family house. The proposed lot conforms to
the requirements of the RI -22 Zoning District.
SHORELAND ORDINANCE
Lake Riley is a Recreational Development Water. The proposed lot conforms to the following
requirements:
20,000 square foot lot size
120 foot lot width at building line
120 lot width at Ordinary High Water Level
100 foot setback from Ordinary High Water Level
The shoreland ordinance has a bluff requirement and a shore impact requirement. The bluff is shown
on the plans. No grading or structures can be in the shore impact area which is 50 feet back from the
Ordinary High Water Level.
There are no structures or grading shown in these areas. Paths or stairs to the lake are permitted in
this area. There is one 20 foot wide path to the lake.
PLANNED UNIT DEVELOPMENT WAIVERS
The project requires a waiver for a lot not fronting on a public street. The previous subdivision was
granted waiver for lots using a private road.
GRADING AND TREE LOSS
The proposed tree loss is 77 inches. The required replacement is 57 inches.
2
Staff Report -Pointe on Lake Riley --Leu
September 7, 2007
WETLANDS
The plan meets the required wetland setbacks and buffer zones.
STAFF RECOMMENDATION
Recommend approval of the following request:
•Planned Unit Development Concept Review on 2.0 acres
•Planned Unit Development District Review with waivers on 2.0 acres.
•Zoning District Amendment within the R1-22 on 2.0 acres.
•Preliminary Plat of 2.0 acres into 1 lot
This is based on plans stamp dated September 4, 2007, and the following conditions:
1.Prior to release of the final plat, the proponent shall submit detailed storm water runoff,
utility, and erosion control plans for review and approval by the City Engineer and
Watershed District.
2.Prior to grading permit issuance, the proponent shall:
A.Notify the City and Watershed District 48 hours in advance of grading.
B.Install erosion control on the property, as well as tree protection fencing at the
grading limits in the wooded areas for trees to be preserved as part of the
development. Said fencing shall be field inspected by the City Forester prior to any
grading.
3.Prior to building permit issuance for the property, the proponent shall:
A.
B.
Provide a tree replacement /landscaping surety equivalent to 150% of the cost of the
tree replacement/landscaping for 57 caliper inches.
Pay the Cash Park Fee.
4.The following waivers are granted through the PUD for the project:
A.A lot without public street frontage.
3
Area Location Map - The Pointe on Lake Riley--Leu
Address: 9092, 9100, and 9108 Stephens Pointe, Eden Prairie, MN
Zoning Map
The Pointe on Lake Riley--Leu
9092 ,9100 ,and 9108 Stephens Pointe ,Eden Prairie, MN
l
Melrose Chase
English Turn
Stephens Pt
^O'
Riley Lake Rd
Lake Riley
Bearpath Trl
Rural One Family -10 acre min .=Regional Service Commercial Highway #312 West of County Road 44 is proposed and under construction at this
R1-04 One Family- 44,000 sf-min Re9ional commercial time
R1-22 One Family -22,000 sf min = Industrial Park - 2 Acre Min.Up dated through Ordinance #10-2007
Rl-135 One Family-13,500 sf min Industrial Park - 5 Acre Min.Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition
R1-9.5 One Family-9,500 at min.
RM-6.5 Multi -Family-d .7 U.PA max.
F-] RM-2.5 Multi-Family -174 U P.A max
1
Office
Neighborhood Commercial
Community Commercial
Highway Commercial
General Industrial - 5 Acre Min.Date: March 1, 2007
Public
I Golf Course1
water
Right-of-way
U Chanhassen City limits
11
rl
.;9ppN!€r:DREAM
Guide Plan Map
The Pointe on Lake Riley--Leu
9092, 9100 and 9108 Stephens Pointe Eden Prairie, MN
Melrose
English Turn
I
Chase
t]
1
Stephens Pt
Riley Lake Rd
Lake Riley
Ir Low Density Residential 0-2.5 Units/Acre
Low Density/Public/Open Space
1
L-j
Neighborhood Commercial
Community Commercial
Medium Density residential 2.5-10 Units/Acre I ♦Regional Commercial
Medium Density Residential/Office Park/Open Space
High Density Residential 10-40 Units/Acre Public/Quasi-Public
Office 0 Golf Course
rl-A Office/Industrial
Office/Public/Open Space
Industrial
Church/ Cemetary
I1 Open Water
I Right-Of-Way
Parcels1
Metropolitan Urban Service Line (MUSA)
DATE Approtied 03-19-03
Creeks DATE Redsed 01-07-05
1-1 water
DATE Reused 11.07.05
DATE Redsed 02-23.06
DATE Redsed 03-23-06
DATE Redsed C0-23-06
DATE Re- e 1 12-G9-06
DATE Rev -e.l 03.01.07
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,SEPTEMBER 10, 2007 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS:John Kirk, Vicki Koenig, Jerry Pitzrick,
Frank Powell, Peter Rocheford,
Fred Seymour, Ray Stoelting, Jon Stoltz,
Kevin Schultz
STAFF MEMBERS:Stu Fox, Manager of Parks and Natural
Resources
Al Gray,City Engineer
Michael Franzen ,City Planner
Julie Krull, Recording Secretary
PUBLIC HEARINGS
A.THE POINTE ON LAKE RILEY - LEU
Request for:
Planned Unit Development Concept Review on 2 acres; Planned Unit
Development District Review with waivers on 2 acres; Zoning District
Amendment within the R1-22 District on 2 acres; Preliminary Plat of 2
acres into one lot.
Jerry Steiner, attorney for applicants, Jeffrey and Karen Leu, presented the
proposal.He showed a preliminary plat of the property. He stated in 2004
the Point of Lake Riley Plat was approved for 4 single family lots. One of
these lots has been built.What the applicant would like to do for the 2nd
Addition on the Point of Lake Riley would be to combine the 3
undeveloped lots into one lot.Mr. Steiner pointed out the applicants do
not yet have a specific plan put into place.
Stoelting asked Franzen to review the staff report. Franzen said the Staff
recommends approval based on page 3 of the staff report.
Stoelting opened the meeting up for public input. There was no input.
Pitzrick asked if the access points to Lake Riley would then be combined.
Mr. Steiner confirmed they would be combined. He said it would be one
single path which would be 16 feet wide with a 2 foot buffer on each side.
He also pointed out all of the wetland areas would be preserved.
Pitzrick asked how much on-grade parking would be allowed on this
property. Franzen said this would not be an issue with this property; they
conform to the ordinance requirements.
Stoelting asked if the low area of the driveway would be a concern for
storm water run-off. Steve Kleinman, of SKD Architects, said the low
area would be built up.
MOTION by Rocheford, seconded by Seymour, to close the public
hearing.Motion carried 8-0.
MOTION by Rocheford, seconded by Kirk, to recommend approval of
the Planned Unit Development Concept Review on 2 acres; Planned Unit
District Review with waivers on 2 acres; Zoning District Amendment
within the RI -22 Zoning District on 2 acres; and Preliminary Plat of 2
acres into one lot based on plans stamped dated September 4, 2007, and
the staff report dated September 7, 2007.Motion carried 8-0.
CITY COUNCIL AGENDA
DATE: October 2, 2007
SECTION: Payment of Claims
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 167671-168090
Wire Transfers 2803 - 2814
(2803-2811 US Bank Purchasing Card payment)
City of Eden Prairie
Council Check Summary
10/2/2007
Division Amount Division Amount
General 3,022 601 Prairie Village Liquor 134,170
100 City Manager 34 602 Den Road Liquor 188,439
101 Legislative 24,907 603 Prairie View Liquor 118,620
110 City Clerk 168 605 Den Road Building 20,548
111 Customer Service 3,184 701 Water Fund 209,529
113 Communication Services 7,486 702 Sewer Fund 232,544
114 Benefits & Training 2,672 703 Storm Drainage Fund 19,354
116 Facilities 60,010 803 Escrow Fund 4,656
117 City Center 69,027 806 SAC Agency Fund 95,475
130 Assessing 1,496 807 Benefits Fund 182,229
131 Finance 8,166 810 Workers Comp Insurance 3,790
132 Social Services 3,000 U S Bank Purchasing Card 30,265
133 Planning 961
135 Information Technology 10,357 Report Totals 3,661,777
136 Public Safety Communications 2,378
137 Economic Development 552
150 Park Administration 4,061
151 Park Maintenance 22,820
153 Organized Athletics 3,289
154 Community Center 33,772
155 Beaches 1,102
156 Youth Programs 4,242
157 Special Events 1,160
158 Adult Recreation 768
159 Recreation Administration 10,649
160 Therapeutic Recreation 721
161 Oak Point Pool 758
162 Arts 4,088
163 Outdoor Center 1,470
164 Park Rental Facilities 213
180 Police 18,737
184 Fire 20,050
200 Engineering 718
201 Street Maintenance 12,109
202 Street Lighting 62,584
203 Fleet Services 41,024
204 Equipment Revolving 4,643
301 CDBG 10,381
303 Cemetary Operation 9
308 E-911 1,522
309 DWI Forfeiture 1,084
310 Fire Fighters Fund 129
315 Economic Development 2,174
502 Park Development 143,160
503 Utility Improvement 4,194
509 CIP Fund 141,332
511 Construction Fund 179,585
512 CIP Trails 6,332
515 Fire Station #4 23,659
516 ADC PROJECT 81,806
517 212/Charlson Intersection 328
519 Community Center Referendum 1,009,200
520 Parks Referendum 18,084
523 3rd Sheet of Ice 352,784
City of Eden Prairie
Council Check Register
10/2/2007
Check #Amount Vendor /Explanation Account Description Business Unit
2811 30,265 US BANK
2813 427 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services
2814 91,519 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund
167671 17 HENNEPIN COUNTY ATTORNEY'S OFF Miscellaneous DWI Forfeiture
167672 185 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Police
167673 250 MN APA Conference Expense Planning
167674 37 RICHFIELD, CITY OF Operating Supplies Fleet Services
167675 65 SCOTT SOUNTY COMMUNITY CORRECT Tuition Reimbursement/School Police
167676 1,516 US POSTMASTER - HOPKINS Postage Water Accounting
167677 500 WRIGHT COUNTY SHERIFF'S DEPT.Deposits Escrow
167678 239 LINDAHL, DAVID Conference Expense Economic Development
167679 875 10 ,000 LAKES CHAPTER OF ICC Conference Expense Fire
167680 243 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
167681 151 A TO Z RENTAL CENTER Fire Prevention Supplies Fire
167682 71 ABDISALAN, YUSUF ISSE Memberships Community Center Admin
167683 41 AEAP Dues &Subscriptions Planning
167684 730 AIR LIQUIDE INDUSTRIAL U.S. LP Treatment Chemicals Water Treatment Plant
167685 6,084 ALTERNATIVE BUSINESS FURNITURE Capital Under $2,000 Furniture
167686 100 AMEM GOLF TOURNAMENT Operating Supplies Fire
167689 520 AMERICAN PLANNING ASSOCIATION Dues &Subscriptions Planning
167690 116 AMERIPRIDE LINEN & APPAREL SER Repair & Maint .Supplies Prairie Village Liquor Store
167691 97 AQUA ENGINEERING INC Grounds Maintenance Utility Operations - General
167692 90 AT&T MOBILITY Pager & Cell Phone Water System Maintenance
167693 962 AVI SYSTEMS INC Video & Photo Supplies Communication Services
167694 3,927 BELLBOY CORPORATION Wine Imported Prairie View Liquor Store
167695 61 BERTELSON OFFICE PLUS Office Supplies Utility Operations -General
167696 10 BIFFS INC Waste Disposal Park Maintenance
167697 446 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs - General Bldg Den Road Building
167698 1,130 BLOOMINGTON, CITY OF Impound Fees Animal Control
167699 50 BOLD, PAULINE Other Contracted Services Sunbonnet Days
167700 731 BOY SCOUT TROOP 695 Other Contracted Services Sunbonnet Days
167701 178 BOYER TRUCKS Equipment Parts Fleet Services
167702 9,879 BRAUN INTERTEC CORPORATION Improvements to Land Parks Referendum
167703 1,448 BROWN TRAFFIC PRODUCTS Equipment Repair & Maint Traffic Signals
167704 105 BURTON EQUIPMENT INC Contract Svcs - Gener Fire Station #4
167705 2,000 C & H SPORT SURFACES INC Other Contracted Services Parks Referendum
167706 120 CAMBERN, JENNIFER Mileage & Parking Senior Center Administration
167707 80 CAMPOS, LORI Instructor Service Outdoor Center
167708 1,468 CARLSON WAGONLIT ALBERTVILLE Operating Supplies Fire
167709 1,583 CEMSTONE PRODUCTS COMPANY Improvement Contracts CIP Trails
167710 180 CLAREYS INC Safety Supplies Fleet Services
167711 8,000 COMMUNITY TECHNOLOGY ADVISORS Other Contracted Services Finance
167712 520 CONTECH CONSTRUCTION PRODUCTS Repair & Maint .Supplies Storm Drainage
167713 125 COOPER, HANNA N Other Contracted Services Organizational Services
167714 313 CORPORATE EXPRESS Office Supplies General
167715 1,895 COSTCO Operating Supplies Fire
167716 264 COUNTRY WIDE SUPPLY Small Tools Fire
167717 1,797 CRETEX CONCRETE PRODUCTS NORTH Repair & Maint .Supplies Infiltration/Inflow Study
167718 234 CUB FOODS EDEN PRAIRIE Clothing & Uniforms Police
167719 76 CULLIGAN BOTTLED WATER Operating Supplies Fire
167720 227 CUMMINGS, KIM Tuition Reimbursement/School Fire
167721 18,707 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant
167722 77 DALE GREEN COMPANY, THE Landscape Materials/Supp Street Maintenance
167723 7,335 DAY DISTRIBUTING Beer Prairie Village Liquor Store
167724 100 DELI DOUBLE Special Event Fees Classes/Programs/Events
167725 117 DEZENSKI, JEFFREY Operating Supplies Fire
167726 262 DIAMOND MOWERS INC Equipment Parts Fleet Services
167727 5,590 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store
167728 27 EDEN PRAIRIE NEWS Dues &Subscriptions Communication Services
167729 1,343 EF JOHNSON Equipment Repair & Maint Wireless Communication
167730 324 EHLERS & ASSOCIATES INC Deposits Escrow
Check #Amount Vendor /Explanation Account Description Business Unit
167731 270 ELVIN SAFETY LLC Equipment Repair & Maint Fire
167732 7,433 EMERGENCY APPARATUS MAINTENANC Repair & Maint .Supplies Fire
167733 1,108 ESS BROTHERS & SONS INC Repair & Maint .Supplies Infiltration /Inflow Study
167734 278 EULL'S MANUFACTURING CO INC Repair & Maint .Supplies Infiltration /Inflow Study
167735 415 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store
167736 280 FALCK, TIMOTHY R Other Contracted Services Softball
167737 3,408 FARRELL EQUIPMENT & SUPPLY CO Improvement Contracts CIP Trails
167738 70 FERRELLGAS Motor Fuels Fleet Services
167739 326 FLYING CLOUD T/S #U70 Waste Disposal Park Maintenance
167740 383 FSH COMMUNICATIONS LLC Telephone Miller Park
167741 362 G & K SERVICES Clothing & Uniforms Sewer Utility -General
167742 1,446 GE CAPITAL Other Rentals General
167743 3,835 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant
167744 16 GINA MARIAS INC Operating Supplies Fire
167745 744 GRAINGER Cleaning Supplies Utility Operations -General
167746 409 GRAPE BEGINNINGS Wine Imported Prairie Village Liquor Store
167747 993 GRAY-BAR Supplies - Electrical City Hall - CAM
167748 1,567 GREENSIDE INC Contract Svcs - Lawn Maint.City Hall - CAM
167749 15,359 GRIGGS COOPER & CO Liquor Prairie View Liquor Store
167750 230 GROTH MUSIC Operating Supplies Community Band
167751 15,545 HANSEN THORP PELLINEN OLSON Improvements to Land Parks Referendum
167752 7,566 HAWKINS INC Treatment Chemicals Water Treatment Plant
167753 50 HEALY CONSTRUCTION Cash Over/Short General Fund
167754 80 HENNEPIN CHIEF'S ASSOCIATION Tuition Reimbursement/School Police
167755 280 HENNEPIN COUNTY CHIEFS OF POLL Dues & Subscriptions Police
167756 50 HENNEPIN COUNTY FIRE CHIEF ASS Dues &Subscriptions Fire
167757 465 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering
167758 730 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police
167759 25 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan
167760 50 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
167761 1,418 HOHENSTEINS INC Beer Den Road Liquor Store
167762 176 HOLMES, JOHN CARTER Other Contracted Services Softball
167763 88 HOLMES, TOM Other Contracted Services Softball
167764 10,110 HOUSE OF PRINT Printing Community Brochure
167765 208 ICERINK SUPPLY CO Contract Svcs - Ice Rink Ice Arena Maintenance
167766 55 ICI DULUX PAINT CTRS Operating Supplies Park Maintenance
167767 22,500 IDENTISYS Capital Under $2,000 Fire Station #4
167768 27,300 IND SCHOOL DIST 272 Miscellaneous Community Center Admin
167769 3,100 INFRARED CONSULTING SERVICES 1 Contract Svcs - Electrical Utility Operations - General
167770 370 INFRATECH Other Contracted Services Infiltration/Inflow Study
167771 64 INTEREUM INC Capital Under $2,000 Furniture
167772 15 J H LARSON COMPANY Repair & Maint .Supplies Park Maintenance
167773 14,980 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store
167775 27,439 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie Village Liquor Store
167776 1,686 KEEPERS Clothing & Uniforms Police
167777 15 LAKE ASSAULT CUSTOM BOATS LLC Operating Supplies Fire
167778 340 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Fire Station #2
167779 375 LEROY JOB TRUCKING INC Other Contracted Services Animal Control
167780 1,094 LIFE SAFETY SYSTEMS Contract Svcs - Fire /Life/Safe Fire Station #1
167781 426 M. AMUNDSON LLP Wine Imported Prairie View Liquor Store
167782 119 MARGRON SKOGLUND WINE IMPORTS,Wine Imported Den Road Liquor Store
167783 9,723 MARK VII Beer Prairie Village Liquor Store
167784 241 MENARDS Capital Under $2,000 Water Treatment Plant
167785 495 METRO FIRE Office Supplies Fire
167786 94,520 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund
167787 2,912 MIDWEST ASPHALT CORPORATION Gravel Street Maintenance
167788 373 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
167789 9 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police
167790 3,496 MINNESOTA ATHLETIC APPAREL Clothing & Uniforms Fire
167791 406 MINNESOTA CONWAY Equipment Repair & Maint Fire
167792 1,002 MINNESOTA HIGHWAY SAFETY & RES Tuition Reimbursement/School Police
167793 15 MINNESOTA MUNICIPAL BEVERAGE A Conference Expense Den Road Liquor Store
167794 269 MINNESOTA PIPE AND EQUIPMENT*Repair & Maint. Supplies Water System Maintenance
167795 1,900 MINNESOTA STATE FAIR Deposits Escrow
167796 89 MINNESOTA STATEWIDE 9-1-1 PROG Other Contracted Services Police
Check #Amount Vendor /Explanation Account Description Business Unit
167797 1,828 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake
167798 186 MINT CONDITION DETAILING INC Equipment Repair & Maint Fleet Services
167799 125 MN APA Conference Expense Planning
167800 87 MN MAINTENANCE EQUIPMENT INC Equipment Repair & Maint Park Maintenance
167801 1 ,159 MOBILE RADIO ENGINEERING INC Capital Under $2,000 Fire Station #4
167802 474 MOTOROLA Equipment Repair & Maint Wireless Communication
167803 150 NCITE Conference Expense Engineering
167804 959 NEW FRANCE WINE COMPANY Wine Domestic Prairie Village Liquor Store
167805 9 ,992 NEW WINDOWS FOR AMERICA Other Contracted Services Rehab
167806 99 NEWPAPER LLC Miscellaneous Fire
167807 533 NFPA Fire Prevention Supplies Fire
167808 6 ,547 NORTHSTAR MUDJACKING SPECIALIS Improvement Contracts CIP Trails
167809 61 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire
167810 20 OSI BATTERIES INC Operating Supplies Traffic Signs
167811 100 OTTERNESS, RON Instructor Service Outdoor Center
167812 174 PARK NICOLLET CLINIC Safety Supplies Fire
167813 258 PAT KERNS WINE MERCHANTS Wine Domestic Prairie Village Liquor Store
167814 3,738 PAUSTIS & SONS COMPANY Wine Domestic Den Road Liquor Store
167815 350 PENT, XIAOMEI Parking Permits Parking
167816 35 PEPSI COLA COMPANY Merchandise for Resale Concessions
167817 19,019 PHILLIPS WINE AND SPIRITS INC Liquor Prairie Village Liquor Store
167818 4 ,800 PLEHAL BLACKTOPPING INC Other Contracted Services Storm Drainage
167819 3 ,077 PRAIRIE ELECTRIC COMPANY Building Repair &Maint.Water Wells
167820 328 PRAIRIE RESTORATIONS INC Improvement Contracts 212 / Charlson Rd. Intersectio
167821 2,951 PRIOR WINE COMPANY Wine Imported Prairie Village Liquor Store
167822 18 PRIORITY COURIER EXPERTS Equipment Repair & Maint Fleet Services
167823 12,341 QUALITY WINE & SPIRITS CO Liquor Prairie Village Liquor Store
167824 20 QUICKSILVER EXPRESS COURIER Postage Communication Services
167825 34,946 QUIRING TRUCKING & EXCAVATING Improvements to Land Park Acquisition & Development
167826 277 QWEST Telephone Sewer Liftstation
167827 350 RAY, LEE Other Contracted Services Softball
167828 12 REYES, GARY AR Utility Water Enterprise Fund
167829 36 RIGID HITCH INCORPORATED Equipment Parts Fleet Services
167830 31 RIVERTOWN PRINTING GROUP Printing International Festival
167831 1 ,462,142 RJM CONSTRUCTION INC Building Community Center Referendum
167832 52 ROY, SONJA RITCHIE Operating Supplies Police
167833 32 RUSSELL & MILLER, INC Operating Supplies Den Road Liquor Store
167834 476 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Prairie Village Liquor Store
167835 40 SIGNATURE MECHANICAL Water Meter Sales Water Enterprise Fund
167836 395 SIGNATURE PUBLISHING COMPANY Advertising Prairie View Liquor Store
167837 365 SIGNSOURCE Equipment Parts Fleet Services
167838 109 SNAP-ON TOOLS Small Tools Fleet Services
167839 405 SONNY'S BUILDING MAINTENANCE Contract Svcs - Roof City Hall - CAM
167840 263 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store
167841 85 SPIRIT APPAREL & STUFF Clothing & Uniforms Oak Point Operations
167842 135 SPS COMPANIES Equipment Parts Water Treatment Plant
167843 7,063 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits
167844 340 STATE CHEMICAL MFG. CO., THE Cleaning Supplies Utility Operations -General
167845 5,572 STREICHERS Machinery &Equipment Police
167846 306 SUBURBAN CHEVROLET Equipment Parts Fleet Services
167847 168 SUN NEWSPAPERS Legal Notices Publishing City Clerk
167848 80 SWEET OCCASIONS FOR YOU Other Rentals Arts Initiative
167849 59 TAYLOR, KIM AR Utility Water Enterprise Fund
167850 3 ,000 TEENS ALONE Other Contracted Services Housing and Community Service
167851 19 ,466 THORPE DISTRIBUTING Beer Prairie View Liquor Store
167852 1,508 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs - Elevator Community Center Maintenance
167853 690 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store
167854 137 TWIN CITY OXYGEN CO Motor Fuels Fleet Services
167855 15 UNIFORMS UNLIMITED Clothing & Uniforms Police
167856 642 UNITED RENTALS HIGHWAY TECHNOL Signs Tree Removal
167857 144 VERIZON WIRELESS Pager & Cell Phone Park Maintenance
167858 634 VOGEL'S EXOTIC ANIMALS SHOWS Other Contracted Services Sunbonnet Days
167859 209 VOLUNTEER FIREFIGHTERS BENEFIT Dues &Subscriptions Fire
167860 54 VOSBEEK, PETER Tuition Reimbursement/School Police
167861 594 VSA INC Operating Supplies Police
Check #Amount Vendor /Explanation Account Description Business Unit
167862 455 WALL TRENDS INC Contract Svcs - Gen. Bldg City Center Operations
167863 351 WATSON CO INC, THE Merchandise for Resale Concessions
167864 145 WERTS, SANDY Mileage & Parking Arts
167865 1 ,320 WESTSIDE EQUIPMENT Machinery &Equipment Fleet Services
167866 84 WHITE, NICOLE Mileage & Parking Therapeutic Rec Administration
167867 81 WILS Conference Expense Recreation Administration
167868 721 WILSON, JOHN D.Training Supplies Police
167869 717 WINE COMPANY, THE Wine Imported Den Road Liquor Store
167870 5,109 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store
167871 678 WORK CONNECTION, THE Other Contracted Services Park Maintenance
167872 4,591 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store
167873 123,914 XCEL ENERGY Electric Water Wells
167874 8,764 YALE MECHANICAL INC Building Repair & Maint.Water Treatment Plant
167876 200 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
167877 3,886 A-SCAPE INC Contract Svcs - Lawn Maint Senior Center
167878 1 ,065 ACS GOVERNMENT SYSTEMS INC.Office Supplies Fire
167879 168 ACTIVAR Equipment Parts Water Treatment Plant
167880 96 ADOLPH KIEFER Operating Supplies Oak Point Lessons
167881 190 ADVANCED IRRIGATION INC Other Contracted Services Park Maintenance
167882 173 AMERIPRIDE LINEN & APPAREL SER Repair & Maint. Supplies Prairie View Liquor Store
167883 1 ,778 AMSAN LLC Janitor Service Community Center Maintenance
167884 1 ,161 ANCHOR PRINTING COMPANY Printing Sunbonnet Days
167885 432 ANOKA COUNTY SHERIFF'S DEPT Deposits Escrow
167886 4 ,398 ASPEN EQUIPMENT CO.Equipment Repair & Maint Fleet Services
167887 350 ASPEN WASTE SYSTEMS INC.Waste Disposal Public Works/Parks
167888 333 AZTEC BP Equipment Repair & Maint Police
167889 642 BAUER BUILT TIRE AND BATTERY Tires Fleet Services
167890 5 ,217 BELLBOY CORPORATION Wine Imported Prairie View Liquor Store
167893 8 ,860 BIFFS INC Waste Disposal Park Maintenance
167894 2,948 BROWN TRAFFIC PRODUCTS Equipment Repair & Maint Traffic Signals
167895 299 BROWNING, RYAN Other Hardware Information Technology
167896 210 CAMPOS, LORI Instructor Service Outdoor Center
167897 122 CARLSON, JODY Conference Expense Assessing
167898 2,478 CEMSTONE PRODUCTS COMPANY Repair & Maint .Supplies Water System Maintenance
167899 8 ,355 CENTERPOINT ENERGY SERVICES IN Gas City Hall - CAM
167900 212 CHOICE INC Other Contracted Services Prairie Village Liquor Store
167901 171 CLAREYS INC Office Supplies General
167902 554 COLLISYS Contract Svcs - Electrical City Center Operations
167903 677 COLOR PRINTING Printing Police
167904 146 COMPAR INC Other Hardware Information Technology
167905 122 COOK, BARB Conference Expense Assessing
167906 677 CORPORATE EXPRESS Office Supplies Fire
167907 223 COURTNEY TRUCK SERVICE Contract Svcs - Ice Rink Ice Arena Maintenance
167908 778 CRETEX CONCRETE PRODUCTS NORTH Repair & Maint .Supplies Infiltration /Inflow Study
167909 88 CRIPE, JACQUELYN V Other Contracted Services Volleyball
167910 9 ,344 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant
167911 153 DALE GREEN COMPANY, THE Landscape Materials/Supp Street Maintenance
167912 12 DANEK,KATHY Program Fee Outdoor Center
167913 11,156 DAY DISTRIBUTING Beer Prairie Village Liquor Store
167914 25 DAYDOTS INC Operating Supplies Ice Arena
167915 974 DIVERSE BUILDING MAINTENANCE Janitor Service Senior Center
167916 4,434 EAGLE WINE COMPANY Wine Imported Prairie Village Liquor Store
167917 255 EDEN PRAIRIE APPLIANCE Supplies - General Building City Center Operations
167918 89 EDEN PRAIRIE WINLECTRIC Repair & Maint. Supplies Park Maintenance
167919 636 ESS BROTHERS & SONS INC Repair & Maint .Supplies Storm Drainage
167920 477 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
167921 1,750 FAIRVIEW SOUTHDALE HOSPITAL Other Contracted Services Workers Comp Insurance
167922 424 FALCK, TIMOTHY R Other Contracted Services Softball
167923 63 FASTENAL COMPANY Operating Supplies Park Maintenance
167924 120 FINLEY BROS INC Other Contracted Services Willow Park
167926 683 G & K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations -General
167927 264 GE SUPPLY LOGISTICS, LLC Repair & Maint. Supplies Water System Maintenance
167928 389 GENERAL GROWTH PROPERTIES LP-E Building Rental CDBG Fund
167929 279 GENERAL PARTS Equipment Repair & Maint Concessions
167932 1,541 GENUINE PARTS COMPANY Equipment Parts Fleet Services
Check #Amount Vendor /Explanation Account Description Business Unit
167933 1,051 GERTENS Landscape Materials/Supp Park Maintenance
167934 221 GOOD, JAMIE Tuition Reimbursement/School Police
167935 2,993 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store
167936 531 GRAPHIC SOURCE INC Signs Tree Removal
167937 321 GREATAMERICA LEASING CORP.Other Rentals General
167938 123 GREENMAN TECHNOLOGIES OF MN IN Waste Disposal Fleet Services
167939 536 GREENSIDE INC Contract Svcs - Lawn Maint.City Hall - CAM
167940 14,640 GRIGGS COOPER & CO Liquor Prairie Village Liquor Store
167941 324 HAGEN, SIDNEY E Other Contracted Services Softball
167942 24,459 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services
167943 4,250 HAWKINS INC Repair & Maint .Supplies Water Treatment Plant
167944 175,166 HEALTHPARTNERS Medical Bills Prepaid Health and Benefits
167945 798 HENNEPIN COUNTY ATTORNEY'S OFF Miscellaneous General Fund
167946 88 HENRY, PAUL Other Contracted Services Volleyball
167947 40 HICKMAN, JON Instructor Service Outdoor Center
167948 176 HODGES BADGE COMPANY INC Operating Supplies Sunbonnet Days
167949 81 ,806 HOFFMAN & MCNAMARA Improvement Contracts ADC PROJECT
167950 88 HOLMES, TOM Other Contracted Services Softball
167951 3,752 HYDRO METERING TECHNOLOGY INC Merchandise for Resale Water Metering
167952 632 IND SCHOOL DIST 272 Transportation Teen Programs
167953 267 INDELCO PLASTICS CORP Equipment Parts Water Treatment Plant
167954 20 INDUSTRIAL FLOOR MAINTENANCE 1 Equipment Parts Fleet Services
167955 309 INFRATECH Repair & Maint .Supplies Water System Maintenance
167956 237 J H LARSON COMPANY Supplies - Electrical City Hall - CAM
167957 18,841 JJ TAYLOR DIST OF MN Beer Prairie View Liquor Store
167958 550 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant
167959 33,834 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store
167960 800 KAREN S RUNYON Other Contracted Services Police
167961 2,360 KEEPERS Clothing & Uniforms Fire
167962 100 KERR, JR, RONALD E Other Contracted Services Arts Initiative
167963 3,150 L & R SUBURBAN LANDSCAPING Design & Engineering Storm Drainage Projects
167964 1,065 LANO EQUIPMENT INC Other Rentals Street Maintenance
167965 20 LEAGUE OF MINNESOTA CITIES Dues &Subscriptions City Council
167966 2,000 LEBLANC, ERIC Tuition Reimbursement/School Organizational Services
167967 2 LESCOINC Repair & Maint. Supplies Water System Maintenance
167968 94 M. AMUNDSON LLP Misc Taxable Den Road Liquor Store
167969 32 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services
167970 130 MAGUIRE, CAROLINE Operating Supplies International Festival
167971 21,480 MARK VII Beer Den Road Liquor Store
167972 65 MARQUARDT, ESTHER Program Fee Trips
167973 100 MARSHALL, BARBE Other Contracted Services Arts Initiative
167974 179 MCCARVILLE, SUE Conference Expense Utility Operations -General
167975 440 MCGREGOR, RANDY Other Contracted Services Softball
167976 156 MENARDS Operating Supplies Utility Operations - General
167977 2,040 METHODIST HOSPITAL Other Contracted Services Workers Comp Insurance
167978 484 METRO SALES INCORPORATED*Other Rentals General
167979 231,524 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility -General
167980 58 METROPOLITAN FORD Equipment Parts Fleet Services
167981 1 ,629 MIDWEST ASPHALT CORPORATION Repair & Maint .Supplies Storm Drainage
167982 1,383 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store
167983 6 ,446 MIDWEST DESIGN CO Other Contracted Services Communication Services
167984 178 ,301 MINGER CONSTRUCTION INC Improvement Contracts Construction Fund
167985 29,383 MINNESOTA DEPT OF HEALTH Miscellaneous Water Testing
167986 250 MINNESOTA DEPT OF LABOR AND IN Equipment Testing/Cert.Water Treatment Plant
167987 85 MINNESOTA REAL ESTATE JOURNAL Dues &Subscriptions Assessing
167988 145 ,446 MINNESOTA ROADWAYS CO Building Repair &Maint.Den Road Building
167989 335 MINNESOTA TROPHIES & GIFTS Operating Supplies Police
167990 5,550 MN DNR WATERS Licenses & Taxes Water Treatment Plant
167991 470 MN FALL MAINTENANCE EXPO Conference Expense Street Maintenance
167992 731 MORAN USA, LLC Misc Taxable Den Road Liquor Store
167993 980 MRPA Conference Expense Parks Administration
167994 2,023 MTI DISTRIBUTING INC Equipment Parts Fleet Services
167995 528 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store
167996 9,382 NEWMECH Contract Svcs - Ice Rink Ice Arena Maintenance
167997 891 NORTHERN SAFETY TECHNOLOGY INC Machinery & Equipment Police
Check #Amount Vendor /Explanation Account Description Business Unit
167998 351 NORTHWESTERN POWER EQUIPMENT C Equipment Parts Water Storage
167999 50 NOVACEK, NATALIE Other Contracted Services Arts Initiative
168000 156 OLSEN COMPANIES Small Tools Water System Maintenance
168001 560 OTTERNESS, RON Instructor Service Outdoor Center
168002 374 PACIFIC DIRECT Misc Taxable Den Road Liquor Store
168003 4,034 PAUSTIS & SONS COMPANY Wine Domestic Den Road Liquor Store
168004 123 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store
168005 155 PETERS IMPORTS Misc Non-Taxable Den Road Liquor Store
168006 661 PETTY CASH Mileage & Parking Water Distribution
168007 8,653 PHILLIPS WINE AND SPIRITS INC Liquor Prairie Village Liquor Store
168008 344 PITNEY BOWES Postage General
168009 7,133 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Water Treatment Plant
168010 8,858 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
168011 7,861 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
168012 1,411 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store
168013 17,750 QUALITY WINE & SPIRITS CO Wine Domestic Prairie Village Liquor Store
168014 1,537 QWEST Telephone Telephone
168015 350 RAY, LEE Other Contracted Services Softball
168016 255 ROLF, VICTORIA R Vacations ,Admin Div General Fund
168017 122 SAMS, JOHN Conference Expense Assessing
168018 988 SCHARBER & SONS Equipment Repair & Maint Fleet Services
168019 500 SCOTT COUNTY Deposits Escrow
168020 453 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Den Road Liquor Store
168021 1,047 SINELL, STEVE Travel Expense Assessing
168022 1,596 SIRE TECHNOLOGIES INC Conference Expense Information Technology
168023 100 SMITH ,SHELLEY Other Contracted Services Arts Initiative
168024 244 SNAP-ON TOOLS Small Tools Fleet Services
168025 1,050 SOUTHWEST TRANSIT Other Contracted Services July 4th Celebration
168026 2,163 SPECIALTY WINES AND BEVERAGES Wine Imported Den Road Liquor Store
168027 1,660 SPIRIT APPAREL & STUFF Clothing & Uniforms Round Lake Beach
168028 192 SPORTS WORLD USA INC Operating Supplies Ice Arena
168029 62 SPRINT Telephone Engineering
168030 2,174 SRF CONSULTING GROUP INC Other Contracted Services Economic Development Fund
168031 2,346 ST CROIX RECREATION CO INC Operating Supplies Park Maintenance
168032 192 STAAF, CARTER Miscellaneous Reserves
168033 48 STAR TRIBUNE Dues &Subscriptions Prairie View Liquor Store
168034 464 STATE SUPPLY COMPANY Supplies - Plumbing City Hall - CAM
168035 1,000 STEELE COUNTY SHERIFF'S DEPART Deposits Escrow
168036 555 STEMPF AUTOMOTIVE INDUSTRIES 1 Equipment Parts Fleet Services
168037 104 STEVENS ENGINEERS Contract Svcs - Ice Rink Ice Arena Maintenance
168038 340 STONEBROOKE Small Tools Fleet Services
168039 1,598 STRATEGIC INSIGHTS INC Software Information Technology
168040 266 STREICHERS Training Supplies Police
168041 34 SUBURBAN CHEVROLET Equipment Parts Fleet Services
168042 738 SUBURBAN TIRE WHOLESALE INC Equipment Parts Fleet Services
168043 380 SURLY BREWING CO Beer Prairie View Liquor Store
168044 15,441 THORPE DISTRIBUTING Beer Den Road Liquor Store
168045 769 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs - Elevator Community Center Maintenance
168046 150 TOUGH CUT SERVICES Other Contracted Services Park Maintenance
168047 399 TREASURY DIVISION, FINANCE Miscellaneous General Fund
168048 250 TRUGREEN CHEMLAWN MTKA Other Contracted Services Park Maintenance
168049 309 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance
168050 27 UNIFORMS UNLIMITED Clothing & Uniforms Police
168051 206 UNITED RENTALS HIGHWAY TECHNOL Improvements to Land Capital Impr. /Maint. Fund
168052 450 UNIVERSITY OF MINNESOTA Conference Expense Recreation Administration
168053 1 UPS Postage Water Treatment Plant
168054 18,133 VIDEOTRONIX INC Other Assets Den Road Building
168055 2,155 VINO SOURCE, THE Wine Imported Den Road Liquor Store
168056 588 VINOCOPIA Liquor Prairie Village Liquor Store
168057 6,700 VIRCHOW KRAUSE & COMPANY Miscellaneous Information Technology
168058 883 VSA INC Operating Supplies Police
168059 49 VWR INTERNATIONAL INC Equipment Parts Water Treatment Plant
168060 500 WELCHLIN COMMUNICATION STRATEG Other Contracted Services Organizational Services
168061 2,468 WINE COMPANY, THE Wine Imported Prairie View Liquor Store
168062 4,088 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store
Check #Amount Vendor /Explanation Account Description Business Unit
168063 4 ,059 WM MUELLER AND SONS INC Gravel Water System Maintenance
168064 1 ,084 WORK CONNECTION, THE Other Contracted Services Park Maintenance
168065 658 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store
168066 131 ,790 XCEL ENERGY Electric Water Treatment Plant
168067 1 ,681 YALE MECHANICAL INC Other Contracted Services Water Treatment Plant
168068 884 ZIEGLER INC Equipment Parts Fleet Services
168069 330 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
168070 1 ,067 ABC MINNEAPOLIS LLC Other Contracted Services DWI Forfeiture
168071 50 APA NORTHSTAR CHAPTER Dues &Subscriptions Finance
168072 20 APA NORTHSTAR CHAPTER Conference Expense Finance
168073 43 BRETTIN, REBECCA Clothing & Uniforms Reserves
168074 10 BRUENING, CHARLOTTE Program Fee Classes/Programs/Events
168075 100 CHANHASSEN DINNER THEATRE Other Contracted Services Trips
168076 407 DNR Awards Softball
168077 38 HISTORY THEATRE Other Contracted Services Trips
168078 63 IDEARC MEDIA CORP (VERIZON DI Advertising Prairie View Liquor Store
168079 24,887 LEAGUE OF MINNESOTA CITIES Dues &Subscriptions City Council
168080 1 ,368 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
168081 20 MPSA Conference Expense Park Maintenance
168082 3,081 MRPA Conference Expense Parks Administration
168083 179 OLSON, GORDON Awards Horseshoes
168084 135 RICHARDSON, JIM Operating Supplies Police
168085 28 VERIZON WIRELESS Pager & Cell Phone Police
168086 271 WILSON, JOHN D.Training Supplies Police
168087 9 WRIGHT, WILLIAM Program Fee Trips
168088 299 MINNESOTA DEPARTMENT OF EMPLOY Conference Expense Economic Development
168089 105 PETTY CASH-EPCC Mileage & Parking Community Center Maintenance
168090 4 ,176 SHERBARTH-LYNCH, SANDRA Instructor Service Tennis
3,661 ,777 Grand Total
US Bank Purchasing Cards
Wire #'s 2803 - 2811
Payment Date 9/13/07
Amount Explanation Supplier Account Description Business Unit
20 US-G.V Parts MENARDS Repair &Maint. Supplies Water System Maintenance
6 US-Mail MOH Sample UNITED STATES POSTAL SERVICE Postage Water System Maintenance
48 US-Office Supplies OFFICE DEPOT CREDIT PLAN Office Supplies Utility Operations -General
275 US-Class Tuition-D.Becker ATOM Tuition Reimbursement/School Police
326 US-Hotel -Train .D.Becker HOLIDAY INN Conference Expense Police
-902 US-Trip Refund MARRIOTT HOTELS Tuition Reimbursement/School Police
206 US-Entry Tool-Sgt Squad LA POLICE GEAR Training Supplies Police
427 US-Hotel -Train .R.Kapaun SHERATON PLEASANTON Conference Expense Police
275 US-Class Tuition-C.Wood ATOM Tuition Reimbursement/School Police
95 US-Conference-C. Fietek LEADERSHIP SUMMIT Tuition Reimbursement/School Police
195 US-Entry Tool-Sgt Squad LA POLICE GEAR Training Supplies Police
447 US-Hotel -Train .J.DeMann HOLIDAY INN Tuition Reimbursement/School Police
95 US-Conference-R.Haberle LEADERSHIP SUMMIT Tuition Reimbursement/School Police
313 US-Compressor -PD Armory AIR COMPRESSORS PLUS Training Supplies Police
23 US-Lunch-Brennan & Shaw APPLEBEE'S NEIGHBORHOOD BAR &Miscellaneous Communication Services
11 US-Utility Garage Paint MENARDS Repair &Maint. Supplies Water System Maintenance
5 US-Truck Tools MENARDS Small Tools Water System Maintenance
78 US-Washing Machine Parts REPAIR CLINIC Equipment Parts Water System Maintenance
91 US-Paint ICI PAINTS Repair &Maint. Supplies Sewer Liftstation
19 US-Washing Machine Parts REPAIR CLINIC Equipment Parts Water System Maintenance
59 US-Battery NAPA AUTO PARTS Operating Supplies Park Maintenance
39 US-Supplies for Staff Train.CHASKA BAKERY & CAFE Operating Supplies Oak Point Lessons
52 US-Music for Classes MUSCLE MIXES MUSIC Operating Supplies Fitness Classes
19 US-Toys for OP WALMART COMMUNITY Recreation Supplies Oak Point Lessons
26 US-Dilly Bars-Safety Camp DAIRY QUEEN Operating Supplies Riley Lake Beach
101 US-Beach Party Supplies PARTY AMERICA Operating Supplies Riley Lake Beach
6 US-Beach Party Supplies WALMART COMMUNITY Operating Supplies Riley Lake Beach
18 US-Beach Party Supplies PARTY AMERICA Operating Supplies Riley Lake Beach
100 US-Beach Party Prizes AMC Operating Supplies Riley Lake Beach
200 US-Superv. Staff Training IDS 196 Training Supplies Pool Lessons
70 US-Group Exercise Train.EXERCISE ETC INC Training Supplies Fitness Classes
26 US-Coffee for Senior Event CARIBOU COFFEE Operating Supplies Fitness Classes
59 US-Gas for Trip to Training MARATHON OIL Tuition Reimbursement/School Police
16 US-Lunch-Taylor/Esbensen STARLITE CAFE Operating Supplies Fire
12 US-Break.-Taylor/Esbensen STARBUCKS COFFEE Operating Supplies Fire
259 US-Safety Camp PANERA BREAD Operating Supplies Safety Camp
37 US-Dinner-Taylor/Esbensen STARLITE CAFE Operating Supplies Fire
42 US -Gas for Trip to Training SINCLAIR Operating Supplies Fire
65 US-Dinner-Taylor/Esbensen LONE START Operating Supplies Fire
31 US-Lunch-Taylor/Esbensen RAM BOISE Operating Supplies Fire
13 US-Lunch-Taylor/Esbensen POPEYES Operating Supplies Fire
31 US-Lunch-Taylor/Esbensen HMS HOST Operating Supplies Fire
90 US-Promotion Review Brd PANERA BREAD Operating Supplies Fire
554 US-Air Fare-Inspect Truck EXPEDIA Travel Expense Fire
107 US-Books for 5 Chiefs BARNES & NOBLE Operating Supplies Fire
5 US-Booking Fee EXPEDIA Travel Expense Fire
477 US-Air Fare-Inspect Truck EXPEDIA Travel Expense Fire
5 US-Booking Fee EXPEDIA Travel Expense Fire
60 US-State Cert Test-M.Stein MINNESOTA FIRE SERVICE CERTIFI Employment Support Test Fire
273 US-CPR Books for Recruits WORLDPOINT Tuition Reimbursement/School Fire
3,150 US-Conference-5 Mgrs ASSOCIATION OF MN EMERGENCY MA Operating Supplies Fire
41 US-Soccer Goals MENARDS Operating Supplies Park Maintenance
51 US-Irrigation Supplies MENARDS Small Tools Park Maintenance
132 US-Irrigation Supplies NORTHERN TOOL & EQUIPMENT Operating Supplies Park Maintenance
32 US-Irrigation Supplies NORTHERN TOOL & EQUIPMENT Repair &Maint. Supplies Park Maintenance
6 US-Irrigation Supplies MENARDS Repair &Maint. Supplies Park Maintenance
55 US-Purgatory Fount.Supp.MENARDS Equipment Repair & Maint Park Maintenance
5 US-E.L.Light Fixture Repair NAPA AUTO PARTS Building Repair &Maint.Park Maintenance
53 US-Irrigation Supplies MENARDS Small Tools Park Maintenance
12 US-Miller Fountain Repair MENARDS Repair &Maint. Supplies Park Maintenance
21 US-Irrigation Supplies MENARDS Repair &Maint. Supplies Park Maintenance
2 US-Irrigation Supplies MENARDS Equipment Repair & Maint Park Maintenance
3 US-Irrigation Supplies MENARDS Repair &Maint. Supplies Park Maintenance
73 US-Gasket-Baker Rd Project ALLSTATE GASKET & PACKING, INC Equipment Parts Water Storage
136 US-Renew Real Estate Jour.MINNESOTA REAL ESTATE JOURNAL Dues & Subscriptions Economic Development
30 US-Desk Refill DAY-TIMER Operating Supplies Community Development Admin.
36 US-Bar Oil & Fuel Mix Parts A TO Z RENTAL CENTER Operating Supplies Park Maintenance
1,575 US-Conference-Karen Kurt SHRM MN STATE CONFERENCE Conference Expense Human Resources
Amount Explanation Supplier Account Description Business Unit
180 US-J.Eck ASTD Membersh.ASTD Dues &Subscriptions Human Resources
900 US-J.Eck DISC Train .Certif.DISCPROFILE.COM Conference Expense Human Resources
173 US-J.Eck Training Supplies JOHN WILEY & SONS Training Supplies Organizational Services
32 US-Admin Fax Ink Cartridge OFFICE DEPOT CREDIT PLAN Office Supplies General
58 US-J.Eck Training Supplies ASTD Training Supplies Organizational Services
-11 US-Credit for Training Supp JOHN WILEY & SONS Training Supplies Organizational Services
-34 US-Credit for Training Supp JOHN WILEY & SONS Training Supplies Organizational Services
-5 US-Government Credit PAYPAL INC Audit &Financial Finance
5,500 US-Bldg Permit Surcharge DEPT OF LABOR & INDUSTRY Building Surcharge General Fund
1,397 US-Bldg Permit Surcharge DEPT OF LABOR & INDUSTRY Mechanical Surcharge General Fund
664 US -Bldg Permit Surcharge DEPT OF LABOR & INDUSTRY Plumbing Surcharge General Fund
-151 US-Bldg Permit Surcharge DEPT OF LABOR & INDUSTRY Other Revenue General Fund
200 US-Red Hats Program PEACOCK INN Special Event Fees Red Hat
39 US-Red Hat Chater Renewal RED HAT SOCIETY, THE Special Event Fees Red Hat
706 US-Test Badg-Sk Lessons ICE SKATING INSTITUTE Operating Supplies Ice Arena
150 US-Conc.Stand Certification NTC Licenses & Taxes Concessions
146 US-Skate Lessons Supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Ice Arena
353 US-Microwave -Concessions SUPERIOR PRODUCTS MFG CO Capital Under $2,000 Concessions
150 US-Cart for Concessions SUPERIOR PRODUCTS MFG CO Operating Supplies Concessions
200 US-Spell Check for ep.org TEXTTRUST Other Contracted Services Communication Services
61 US -Mtg w/Chamber-Mayor JAKE'S CITY GRILL Miscellaneous City Council
229 US-BAC Meeting PANERA BREAD Miscellaneous City Council
223 US-BAC Meeting BAKERS' RIBS Miscellaneous City Council
42 US-Mtg w/P.Young & B.Aho THE ORIGINAL PANCAKE HOUSE Miscellaneous City Council
235 US-Council Workshop Food QDOBA MEXICAN GRILL Miscellaneous City Council
81 US-BAC Meeting D BRIANS DELI & CATERING Miscellaneous City Council
36 US-Mtg w/G.Hughes-Budget CIAO BELLA Miscellaneous City Council
22 US-Mtg w/Mayor re.Budget THE ORIGINAL PANCAKE HOUSE Miscellaneous City Council
154 US-BAC Meeting LEEANN CHIN Miscellaneous City Council
8 US-Blog TIGER TECHNOLOGIES Miscellaneous City Manager
23 US-Mtg w/Gardner Gay THE ORIGINAL PANCAKE HOUSE Miscellaneous City Manager
21 US -2 Pick Handles HOME DEPOT CREDIT SERVICES Small Tools Sewer System Maintenance
34 US-Cell Phone Adapter VERIZON WIRELESS Pager & Cell Phone Water System Maintenance
18 US -2 Portable Fans WALMART COMMUNITY Equipment Parts Sewer System Maintenance
35 US-Vehicle Mirror NAPA AUTO PARTS Small Tools Water System Maintenance
240 US-90 Sod Rolls BLUFF CREEK GARDENS Repair &Maint. Supplies Water System Maintenance
94 US -Bus Tour Lunches DAVANNI'S PIZZA Training Supplies Organizational Services
83 US-Curriculum Develop.ASTD Training Supplies Organizational Services
860 US-J.Eck Workshop Mater.JOHN WILEY & SONS Training Supplies Organizational Services
43 US-Cable OLSON CHAIN & CABLE Repair &Maint. Supplies Sewer Liftstation
3 US-Election Folders OFFICE DEPOT CREDIT PLAN Operating Supplies Elections
26 US-Trellis Wire-Purgat Park HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance
15 US-Fertilizer for New Plants MENARDS Chemicals Park Maintenance
32 US-Crew-Field Trip Lunch ARAMARK U OF M LANDSCAPE Operating Supplies Park Maintenance
33 US-Trellis &Bug Control HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Park Maintenance
14 US-Water Spout Handle MENARDS Operating Supplies Park Maintenance
425 US-J.Good Conference NCPC Tuition Reimbursement/School Police
117 US-Supplies MENARDS Operating Supplies Street Maintenance
16 US-Office Supplies OFFICE DEPOT CREDIT PLAN Office Supplies Community Center Admin
33 US-Survivor Camp Supplies ORIENTAL TRADING Recreation Supplies Outdoor Center
139 US-Kayaking Paddles GANDER MOUNTAIN Recreation Supplies Outdoor Center
15 US-Supplies MENARDS Operating Supplies Park Maintenance
6 US-Supplies MENARDS Operating Supplies Park Maintenance
1 US-Hex Bolt HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies Park Maintenance
17 US-Supplies MENARDS Repair &Maint. Supplies Park Maintenance
21 US-Supplies MENARDS Operating Supplies Park Maintenance
34 US -Drill Bit HOME DEPOT CREDIT SERVICES Equipment Parts Park Maintenance
26 US-Book to be Refunded BARNES & NOBLE Training Supplies Utility Operations -General
138 US-Teen Leaders in Train.GRAND SLAM SPORTS & ENTERTAINM Special Event Fees Teen Work Program
20 US-Safety Camp Kits CHECKER AUTO PARTS Operating Supplies Safety Camp
200 US-Safety Camp CARIBOU COFFEE Operating Supplies Safety Camp
30 US-Playground Snacks KOWALSKI'S MARKET Operating Supplies Playgrounds
20 US-Playground Supplies WALMART COMMUNITY Operating Supplies Playgrounds
216 US-Teen Leaders in Train.WATER PARK OF AMERICA Special Event Fees Teen Work Program
29 US-Safety Camp Supplies PARTY AMERICA Operating Supplies Safety Camp
8 US-Playground Supplies WALMART COMMUNITY Operating Supplies Playgrounds
11 US-Playground Supplies WALGREEN'S #5080 Operating Supplies Playgrounds
3 US-Playground Supplies MICHAELS - THE ARTS & CRAFTS S Operating Supplies Playgrounds
71 US-Playground Supplies WALMART COMMUNITY Operating Supplies Playgrounds
513 US-Supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Day Camp
191 US-Tennis Certificate Paper PAPER DIRECT INC Operating Supplies Tennis
70 US-Fun Day Camp Supplies GANDER MOUNTAIN Recreation Supplies Day Camp
Amount Explanation Supplier Account Description Business Unit
46 US-Playground Supplies WALMART COMMUNITY Operating Supplies Playgrounds
6 US-Playground Crafts MICHAELS - THE ARTS & CRAFTS S Operating Supplies Playgrounds
70 US-Leaders in Train. Trip BUNKER BEACH WATER PARK Special Event Fees Teen Work Program
20 US-Ads for One Acts TC THEATRE AND FILM Advertising Arts Initiative
24 US-Batteries-Concert Series TARGET Operating Supplies Staring Lake Concert
9 US-Play for Theater DRAMATIC PUBLISHING Operating Supplies Arts Initiative
29 US-Plays for Theaters SAMUEL FRENCH INC Operating Supplies Arts Initiative
20 US-Ads for One Acts TC THEATRE AND FILM Advertising Arts Initiative
71 US-Play Books-One Acts SAMUEL FRENCH INC Operating Supplies Arts Initiative
76 US-Sound Equip.Connect.ACE PHOTO AND DIGITAL Operating Supplies Staring Lake Concert
51 US-Inkjet Postcards OFFICEMAX CREDIT PLAN Operating Supplies Arts
90 US-Around Town Outing STAGES THEATRE COMPANY Operating Supplies Around Town
46 US-Around Town Outing DAVANNI'S PIZZA Operating Supplies Around Town
12 US-Playground Snacks WALMART COMMUNITY Operating Supplies Playgrounds
77 US-Tennis Program Party PIZZA HUT Operating Supplies Tennis
14 US-Meat for LR Day Camp RAINBOW FOODS INC.Operating Supplies Day Camp
99 US-Summer Staff Appreciat.DAVANNI'S PIZZA Operating Supplies Playgrounds
11 US-Sat. Night Out Program PARTY AMERICA Operating Supplies Teen Programs
92 US-Sat. Night Out Program DAVANNI'S PIZZA Operating Supplies Teen Programs
54 US-Security for e-permits PAYPALINC Software Maintenance Information Technology
28 US-Service Fee ORBITZ Conference Expense Information Technology
362 US-Air Fare-Doc. Imaging ORBITZ Conference Expense Information Technology
362 US-Air Fare-Doc. Imaging ORBITZ Conference Expense Information Technology
362 US-Air Fare Doc. Imaging ORBITZ Conference Expense Information Technology
362 US-Air Fare Doc. Imaging ORBITZ Conference Expense Information Technology
311 US-D.Lindahl IEDC Member.IEDC Dues & Subscriptions Economic Development
745 US-D.Lindahl IEDC Conf.IEDC Conference Expense Economic Development
790 US-A.Higgins/B.Adams Conf NATIONAL TRUST FOR HISTORIC PR Conference Expense Heritage Preservation
30 US-D.Lindahl NAIOP Conf.NAIOP Conference Expense Economic Development
30,265 Grand Total
CITY COUNCIL AGENDA DATE: October 2, 2007
SECTION: Ordinances & Resolutions
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: XI.A.
Eugene A. Dietz Approve First Reading of Sidewalk &
Public Works Trail Snow Removal Ordinance
Requested Action
Move to:Approve First Reading of an Ordinance Relating to Snow Removal on Sidewalks and
Trails.
Synopsis
As a result of the customer satisfaction survey and discussion at Council level, staff has prepared an
Ordinance that would require snow removal from adjacent sidewalks and trails. The financial and
policy implications will be the subject of the evening workshop on October 2 and staff will provide a
detailed list of policy issues and practices that will influence the decision to adopt this Ordinance.
Attachments
•Attachment 1 - Ordinance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. -2007
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING
CITY CODE CHAPTER 6 BY ADDING SECTION 6.21 RELATING TO SNOW AND
ICE REMOVAL AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 6.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY
PROVISIONS.
The City Council of the City of Eden Prairie ,Minnesota,ordains:
Section 1.City Code Chapter 6 is amended by adding Section 6.21 which shall read
as follows:
SECTION 6.21. SNOW AND ICE REMOVAL.
Subd .1.Purpose .The purpose of this ordinance is to require Owners and Occupants of real
property to remove snow and ice from public sidewalks and trails to prevent a public nuisance
affecting the safety of the general public.
Subd .2.Definitions .The following words, terms and phrases, when used in this section shall
have the meanings ascribed to them in this subsection, except when the context clearly indicates
a different meaning:
A."Daytime for purposes of this section shall be the period of time from 8:00 a.m. to 5:00
p.m.
B."Owner shall mean the fee owner and/or manager/agent of the building or lot as listed
on the records of the Hennepin County Taxpayer's Services Department.
C."Occupant shall mean the tenant or tenants with respect to one or two family dwellings,
he manager or person having care, custody or control of the building or lot with respect to
three family or larger dwellings, commercial premises, industrial premises, vacant lots or
unoccupied buildings.
D."Sidewalk shall mean that 5-foot portion of a street or highway right of way which is
improved for pedestrian use and which is adjacent to the side yard or the front yard of a
lot, constructed of concrete.
E."Trail shall mean all of that land contained within an 8 or 10-foot area designated as a
public recreational trail for use by pedestrians and bicyclists, constructed of asphalt..
F."Last known address shall mean the address for the Owner or Occupant as shown on the
records of the Hennepin County Taxpayer's Services Department.
G."Department shall mean the City of Eden Prairie Department of Public Works.
Subd .3.Requirements for Removal of Snow and Ice.
A.The City shall be responsible for removal of snow and/or ice from public sidewalks or
trails abutting the following streets:
Anderson Lakes Pkwy.Golden Triangle Drive
Braxton Drive Hennepin Town Road
Bryant Lake Drive Holly Road
Candlewood Pkwy.Homeward Hills Road
Charlson Road Mitchell Rd / Baker Rd
CSAH 1 Prairie Center Drive
Columbine Road Preserve Blvd.
County Road 62 Riley Lake Road
Dell Road Rowland Road
Duck Lake Road Spring Road
Duck Lake Trail Staring Lake Pkwy.
Eden Prairie Road Valley View Road
Edenvale Blvd.Wallace Road
Flying Cloud Drive West 78th Street
Franlo Road
B.The Owner or Occupant having the care, custody and control of any building that is a
one-or two-family dwelling shall cause snow and/or ice to be removed from the public
sidewalk or trail abutting or adjoining the lot upon which such building is situated, within
the first twenty four (24) hours after the cessation of the precipitation, and shall cause
sand or salt to be sprinkled on the sidewalk or trail where snow or ice cannot be removed,
except from trails or sidewalks with the street rights of way listed in "A above.
C.The Owner or Occupant having the care ,custody or control of any building or lot (except
one-and two-family dwellings) shall cause snow and /or ice to be removed from the public
sidewalk or trail abutting or adjoining the lot upon which such building is situated,within
the first eight (8) hours of daytime after the cessation of precipitation ,and shall cause
sand or salt to be sprinkled on the sidewalk or trail where snow or ice cannot be removed,
except from trails or sidewalks with the street rights of way listed in "A above.
D.Snow and/or ice shall be removed from the entire 5-foot width of sidewalks. A width of
5-feet of snow and/or ice shall be removed from 8-foot width trails.
Subd .4.Nuisance .Snow and/or ice which is allowed to remain upon any public sidewalk or
trail within the City for a period longer than is allowed by this section shall be declared a
nuisance.The Department is authorized to remove the snow and/or ice or arrange for the
removal of the same and charge the costs incurred against the abutting property Owner or
Occupant.
Subd .5.Notice. Before the Department removes the snow and/or ice, it shall serve or cause to
be served upon the Owner or Occupant of the abutting property a written notice informing the
Owner or Occupant that the snow and/or ice has not been removed from the sidewalk or trail
pursuant to this section.Such notice shall describe the location of the snow and/or ice and
inform the Owner or Occupant that the Department will inspect the property no earlier than
twenty four (24) hours from the date of the notice to ascertain whether a nuisance exists . If upon
inspection by the Department the sidewalk or trail is found to be in violation of this section, the
Department may immediately schedule removal of the snow and/or ice by the Department or
private contractor.
Subd 6 .Service of Notice .Service of the notice may be completed by personal service, service
by mail or by posting.
A.Personal service. Service of the notice may be completed by personal delivery of a copy
to the Owner or Occupant or, in situations where the Owner or Occupant is not available,
by leaving a copy of the notice with some person of suitable age and discretion at the
Owner's or Occupant's last known address or, if applicable, by leaving a copy with the
person of suitable age and discretion at the premises where the nuisance exists.
B.Service by Mail. Service of the notice may also be accomplished by mailing the notice to
the last known address of the Owner or Occupant. Service by mail is complete upon
mailing.
C.Service by Posting.Service of the notice may also be completed by posting a copy
thereof in a conspicuous place upon the premises where the nuisance exists.
Subd .7.Removal by City ;Assessment of Costs.
If after twenty four (24) hours following service of such notice the snow and/or ice has not been
removed, the City may cause its removal by the Department or private contractor. An accurate
record of the costs incurred therein shall be kept by the Department.The total cost of this
removal, including administrative costs ,shall be charged to the Owner or Occupant of the lot
abutting the sidewalk or trail from which the City has removed snow and/or ice. If said charges
are not paid within 30 days after a bill of the charges has been mailed to the last known address
of Owner or Occupant, the City Council may assess and levy, and cause to be collected, the
amount of such charges as a special assessment upon and against the property and buildings
involved, in the manner as provided by Minn. Stat. § 429.101 or any similar provision hereafter
enacted .Such assessments shall be paid in a single installment.
Subd .8.Non -liability of City.No claim shall be made against the City due to failure of any
Owner or Occupant to comply with this section.
Section 2.City Code Chapter 1 entitled "General Provisions and Definitions Applicable to
the Entire City Code including Penalty for Violation and Section 6.99 entitled
"Violation a Misdemeanor are hereby adopted in their entirety by reference as
though 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 2"d day
of October, 2007, and finally read and adopted and ordered published at a regular meeting of the
City Council of said City on the day of ,2007.
Kathleen Porta ,City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on the day of ,2007.
CITY COUNCIL AGENDA DATE:
SECTION:Report of Community Development Director October 2, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: XIV.C.1.
Community Development:Sale or Lease
Janet Jeremiah/David Lindahl Dunn Bros Coffee/Smith Douglas More
Property 8107 Eden Prairie Road
Requested Council Action:
Staff recommends delaying action or decision until October 16^'
Synopsis:
Over the last few months as details of a new lease were being discussed with Dunn Bros and their
franchisee, Puregrace, LLC. the idea of selling the property emerged and they both indicated an interest in
pursuing that option depending on the price. Their intention would be to continue to maintain the property
as a coffee store. The City Council directed staff to have the property appraised to determine a sale price
and the firm of Colliers, Turley, Martin, and Tucker was retained. A completed appraisal was provided to
the City September 7th which established a market value of $565,000 for the property.
Puregrace has decided it will not pursue a purchase at this price, but is still interested in a new lease.
However, Dunn Bros is interested in purchasing the property but needs more time to firm-up an offer. Both
parties have asked that we provide them another two weeks at which time they would provide their best
offers for both a purchase and for a lease, which will provide the City Council better information by which
to make a decision on whether to sell or continue to lease the property.
CITY COUNCIL AGENDA DATE:
SECTION: Report of Parks and Recreation Director October 2, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: XIV.D.1.
Jay Lotthammer, Director,Healthcare Reimbursement Contracts
Parks and Recreation
Requested Action
Move to:Approve the agreements with HealthPartners Frequent Fitness Program and
Medica Health Plans/MRPA insurance to provide an insurance reimbursement
opportunity for Community Center members.
Synopsis
Staff is requesting approval to enter into agreements with HealthPartners Frequent Fitness and
Medica Health Plans/MRPA insurance to provide insurance reimbursement for frequent
attendance at the Community Center. These programs would allow Community Center members
to receive a monetary reimbursement ($20 / month) from their health insurance provider as a
result of attending the Community Center a minimum of 12 times per month.
Background
A fairly new yet standard concept within the health insurance industry is to allow members of
fitness facilities to receive a monetary reimbursement ($20 / month) from their health insurance
provider as a result of attending a fitness facility for a minimum of 12 times per month. The
facility receives the full amount of dues and after providing documentation to the health
insurance company verifying the members sufficient use, the insurance company pays the fitness
facility and a credit is applied to the members account. This program has proven to be a
necessary tool to motivate users to frequent the facility and to monetarily stay competitive within
the industry. A form of this program is currently offered by most health clubs and community
centers containing a fitness component and is considered to be an industry standard.
The agreement with HealthPartners requires no annual fee and is effective until terminated by
either party.Any termination will be effective by December 31 of the year in which notice of
termination is provided.
The Medica Health Plans/MRPA requires a $750 registration fee for the first year's program.
The agreement is effective beginning June 2007 - May 31, 2008 and is renewable each year. The
contracts have been reviewed and approved by the City Attorney. Staff anticipates submitting
additional agreements with another group of insurance carriers at a future meeting.
Attachments
HealthPartners Contract
Medica Health Plans/MRPA Contract
Zm. HealthPartners
Frequent Fitness Program Letter of Understanding
October 2, 2007
Wendy Sevenich, Manager Scott Aebischer, Sr. Vice President
Eden Prairie Community Center HealthPartners
16700 Valley View Road 817033 rd Avenue South
Eden Prairie, MN 55346 Bloomington, MN 55425
This letter serves as our understanding to work together in offering fitness club services to HealthPartners
members and employees.
Through this letter of understanding, both parties agree to the following:
1.To promote the health of its employees and members, HealthPartners agrees to offer a monetary
incentive to certain Eligible Persons. Eligible Persons are certain fully-insured adult members or
HealthPartners employees who complete a given number of monthly workout sessions at any of
the City of Eden Prairie recreation locations beginning January 1, 2008.
2.An Eligible Person must be, in the case of a health plan member, insured by HealthPartners or its
affiliates Group Health Plan, Inc. or Midwest Assurance Company as of the first day of the month
for which the incentive applies. In the case of an employee, the Eligible Person must be
employed by either HealthPartners or one of its affiliated entities as of the first day of the month
for which the incentive applies.
3.HealthPartners is the sole determiner of Eligible Person status based on employment or health
plan membership and current program guidelines. The Eden Prairie Community Center may
request additional information on current program guidelines.
4.In the event a self-insured group requests to offer this program, both parties agree to establish in
advance the administrative processes related to this group.
5.The maximum monthly monetary incentive amount and workout session requirement is
determined by HealthPartners and may be changed at its sole discretion. HealthPartners will
confirm the incentive amount and workout requirement to the Eden Prairie Community Center by
January 1, 2008 as part of its routine club setup tasks. Should HealthPartners decide to change the
incentive amount or workout requirement, HealthPartners will give the Eden Prairie Community
Center 90 days prior written notice before implementing that change. Changes will be effective
the first day of the month following the 90 day notice period. The Eden Prairie Community
Center agrees to work with HealthPartners to communicate the change to members during that
period.
6.The Eden Prairie Community Center agrees to pass these incentives directly back to Eligible
Persons in the form of club dues reimbursements described below. The Eden Prairie Community
Center will not add additional restrictions onto reimbursements or otherwise impede their
disbursement to Eligible Persons. Under no circumstance may the Eden Prairie Community
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Center retain or withhold amounts paid by HealthPartners intended for disbursement to Eligible
Persons.Under no circumstance will the Eden Prairie Community Center reimburse Eligible
Persons by any method other than a reduction of current month dues.
7.The Eden Prairie Community Center members may be partially or wholly ineligible for Frequent
Fitness reimbursement in a given month if monthly club dues are less than the stated monetary
incentive (subject to other program restrictions and maximums).
8.In addition, the Eden Prairie Community Center will provide additional discounts to Eligible
Persons and other qualified HealthPartners members and employees as it may determine
appropriate from time to time. At this time those discounts include n/a.
9.On or before the first day of each month, HealthPartners will provide the Eden Prairie
Community Center a list of ineligible employer groups for registration/initial verification of
program participants.This information will be treated confidentially by the Eden Prairie
Community Center and access to it will be limited to those employees with a need to use it in the
functioning of their jobs.At no time will this information be used for any purpose other than
eligibility verification.
10.On or before the fifth day of each month, the Eden Prairie Community Center will provide
HealthPartners with a list of participating members and employees showing the individual's name
and the number of times the participant used the facility in the previous month. This report must
be provided in a standard format provided by HealthPartners.
11.On or before the last day of the month in which the monthly report is received from the Eden
Prairie Community Center, HealthPartners will verify eligibility of each participant for the
incentive and provide a report to the Eden Prairie Community Center of those individuals eligible
for the incentive. The Eden Prairie Community Center will apply the discount in the monthly fees
to the Eligible Person's next monthly dues. If an Eligible Person terminates either coverage or
employment with HealthPartners or membership at the Eden Prairie Community Center, and has
not received the full benefit of each incentive earned, HealthPartners and the Eden Prairie
Community Center will not reimburse the eligible individual for any unpaid incentive.
12.HealthPartners will reimburse the Eden Prairie Community Center for the membership fee
incentive after HealthPartners verifies eligibility of its members and employees. In instances
where HealthPartners is unable to provide payment to the Eden Prairie Community Center prior
to the date required by Eden Prairie Community Center's accounting and statement processes, the
Eden Prairie Community Center will discount dues as scheduled in order to avoid interruption in
the reimbursement process. The Eden Prairie Community Center will maintain the two-month lag
in reimbursement (for example, workouts in June will be reimbursed as scheduled in August). If
both parties mutually agree that there have been routine delays in payment, a plan of corrective
action will be established.
13.On or before January 1, 2008 or such earlier or later time as the parties may agree, the parties will
agree upon the format for all reports and any payment mechanisms.
14.HealthPartners will reasonably promote its Eden Prairie Community Center relationship to their
health plan members and employees through its member and employee communication resources
(e.g., health assessment tool).The Eden Prairie Community Center will reasonably promote its
HealthPartners relationship in its regional promotion campaigns.By January 1, 2008 or such
earlier or later times as the parties may agree, we will formalize our promotional plans and
Page 2 of 5
determine appropriate use of trademarks and trade names .Any promotions undertaken prior to
that date will be subject to the other party 's approval and that approval will not be unreasonably
withheld or delayed.
15.On an ongoing basis we will reasonably work with each other on joint regional promotion,
advertising ,and marketing efforts.
16.We agree to routinely review our relationship to maintain a competitive partnership for the
community.
17.We each acknowledge the other party 's exclusive ownership of their trade names ,trademarks,
services marks and logos ,whether presently existing or later established.
18.HealthPartners and the Eden Prairie Community Center may use the Marks of the other party in
press releases and similar notices (collectively "Publicity )regarding the parties 'business
relationship arising our of this letter of understanding ;provided that any such Publicity may not
be released without the prior review and approval of the other party, which will not be
unreasonably withheld or delayed.
19.HealthPartners may use the trade name of the Eden Prairie Community Center in brochures,
publications, and marketing and promotional materials and communications to its members, and
on the HealthPartners website (collectively "Marketing Materials ) regarding the co-sponsored
fitness club program arising out of this letter of understanding.
20. HealthPartners will have a non-exclusive ,non-transferable, royalty-free license to use the Eden
Prairie Community Center trademarks in Marketing Materials ,and on the HealthPartners website
to promote the co-sponsored fitness club program arising out of this letter of understanding.
HealthPartners will ensure that all registered trademarks of the Eden Prairie Community Center
used in the Marketing Materials and on the HealthPartners website contain the U.S. trademark
registration symbol (i.e.,®) on the right shoulder of the trademark.
21. HealthPartners will not remove ,alter,cover,obfuscate or modify the foregoing trademark
attribution or the U .S. trademark symbol specified above from the Marketing Materials or website
without the prior written consent of the Eden Prairie Community Center.
22. The Eden Prairie Community Center will have a non-exclusive ,non-transferable, royalty-free
license to use HealthPartners 'trademark HEALTHPARTNERS ®in Marketing Materials, and
on the City of Eden Prairie website to promote the co-sponsored fitness club program arising out
of this letter of understanding .The Eden Prairie Community Center will ensure that the
trademark HEALTHPARTNERS ®used in the Marketing Materials and on the City of Eden
Prairie website contains the U .S. trademark registration symbol (i.e.,®) on the right shoulder of
the trademark.
23. All copies of the Marketing Materials made by the Eden Prairie Community Center that bear the
HEALTHPARTNERS ®trademark will contain the following trademark attribution:
"HealthPartners is the registered trademark of HealthPartners ,Inc. ".The foregoing attribution
will also appear on the City of Eden Prairie website whenever it contains the
HEALTHPARTNERS ®trademark .The Eden Prairie Community Center will not remove ,alter,
cover,obfuscate or modify the foregoing trademark attribution or the U .S. trademark symbol
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specified above from the Marketing Materials or website without the prior written consent of
HealthPartners.
24. Each party will submit all Marketing Materials related to the co-sponsored Frequent Fitness
program to the other party for approval before using such materials and will use no Marketing
Materials that have not received prior approval from the other party.
25. If there is any dispute under this letter of understanding ,the parties will meet and attempt to
resolve the dispute in advance of bringing any legal action.
26. This letter of understanding is effective as of October 2, 2007 .This agreement will remain in
effect until terminated by either party .Unless agreed to by both parties ,any termination will be
effective as of December 31 of the year in which notice of termination is provided.Written
notice of termination must be given at least 120 days in advance of the effective date of
termination (i.e.,in advance of December 31).
27. Upon the termination of this letter of understanding ,each party will immediately cease the use
and distribution of the Marks of the other party.
28. The provisions of this Letter of Understanding are severable .If any provision of this Letter of
Understanding is held invalid by a court of law or other tribunal ,the invalidity of that provision
will not affect any other provision of this Letter of Understanding.
29. Neither HealthPartners nor the Eden Prairie Community Center may assign this Letter of
Understanding without the other party 's prior written consent .Should written consent for
assignment be granted ,this Letter of Understanding is binding on any successors ,assigns, or
subcontractors of HealthPartners or the Eden Prairie Community Center .Except as expressly
provided in this Letter of Understanding ,no person or entity is intended to be or will be construed
or deemed to be a third party beneficiary to this Letter of Understanding.
30. Except as otherwise provided under other applicable law, this Letter of Understanding is
governed by the laws of the State of Minnesota .The appropriate jurisdiction for any litigation
under this Letter of Understanding will be those courts located within the State of Minnesota.
Litigation in federal courts will be in the appropriate court in the State of Minnesota.
31. This Letter of Understanding supersedes any and all other Letters of Understanding between
HealthPartners and the Eden Prairie Community Center relating to the same subject matter.
Page 4 of 5
These terms are agreed to and accepted by:
Eden Prairie Community Center HealthPartners, Inc.
By:By:
Wendy Sevenich
Its:Community Center Manager Its:Senior Vice President
Date:Date:
City of Eden Prairie
By:
City of Eden Prairie
By:
Scott Neal
Its:City Manager
Date:
Page 5 of 5
SERVICE AGREEMENT
This Service Agreement is entered into by and between Minnesota Recreation and Park
Association ("MRPA ) and the Eden Prairie Community Center ("Member ).
WHEREAS, MRPA has entered into a Health Club Services Agreement (the "HCS
Agreement ) with Medica Health Plans, dated June 1, 2006;
WHEREAS, the HCS Agreement contemplates that MRPA members may provide
certain services and have certain benefits and obligations under the terms and conditions thereof;
and
WHEREAS, Member wishes to participate in the Program set forth in the HCS
Agreement;
NOW, THEREFORE ,it is agreed as follows:
1.Member has hereby been provided with a copy of the HCS Agreement, which is
attached hereto. Member understands the benefits and obligations involved in participating in the
Program set forth in the HCS Agreement, and wishes to participate in the Program.
2.Member agrees to perform all obligations of an "MRPA Facility as set forth in the
HCS Agreement, for the duration of the Program (and thereafter, as set forth in the HCS
Agreement).
3.Member will indemnify and defend MR-PA (and its officers, directors, employees,
agents and representatives )against any and all claims ,liabilities ,costs ,damages, or judgments
asserted against, imposed upon or incurred by MRPA that arise out of the acts or omissions of
Member in connection with its performance under the HCS Agreement.
4.MRPA will indemnify and defend Member (and its officers, directors, employees,
agents and representatives )against any and all claims, liabilities ,costs ,damages ,or judgments
asserted against, imposed upon or incurred by Member that arise out of the acts or omissions of
MR-PA in connection with its performance under the HCS Agreement.
5.Neither party will have the right to assign any of its rights and responsibilities under
this Service Agreement, by operation of law or otherwise, to any person, corporation, or entity
without the prior written consent of the other party.
6.This Service Agreement will be governed by and construed in accordance with the
applicable laws of the State of Minnesota, without regard to the laws regarding conflicts of law
of any jurisdiction.
7.Each provision of this Service Agreement is intended to be severable. If any provision
hereof is waived, deemed illegal or invalid for any reason, such waiver, illegality or invalidity
will not affect the validity and enforceability of the remainder of this Service Agreement. The
parties agree to negotiate to achieve a comparable agreement on a provision in the event such
provision is deemed illegal or invalid.
8.The parties hereto are independent contractors and nothing in this Service Agreement
constitutes a joint venture, agency or employment contract between them. Except as set forth
herein or in the HCS Agreement, neither party has the right or authority to assume or create any
obligation or responsibility on behalf of the other.
SIGNED:
Minnesota Recreation and Park Eden Prairie Community Center
Association City of Eden Prairie
By:By:
Name: Michelle J. Snider Name: Wendy Sevenich
Title:Executive Director Title: Community Center Manager
Date:Date:
By:
Name: Phil Young
Title: City of Eden Prairie Mayor
Date:
By:
Name: Scott Neal
Title: City Manager
Date:
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