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Home My WebLink AboutCity Council - 01/08/2008AGENDA CITY COUNCIL WORKSHOP & OPEN FORUM /OPEN PODIUM TUESDAY, JANUARY 8,2008 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 1.2008 COUNCIL APPOINTMENTS Council Chamber II.OPEN FORUM III.OPEN PODIUM IV.ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JANUARY 8, 2008 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 II.COLOR GUARD / PLEDGE OF ALLEGIANCE 1111 .COUNCIL FORUM INVITATION IV.PROCLAMATIONS / PRESENTATIONS A.PROCLAMATION CELEBRATING THE CHINESE NEW YEAR V.APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI.MINUTES A.COUNCIL WORKSHOP HELD MONDAY,DECEMBER 18, 2007 B.CITY COUNCIL MEETING HELD MONDAY,DECEMBER 18, 2007 VII.REPORTS OF ADVISORY BOARDS &COMMISSIONS VIII.CONSENT CALENDAR A.CLERK'S LICENSE LIST B.LAMETTRY COLLISION Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 3.2 acres and Zoning District Amendment in the Commercial Regional Service Zoning District on 3.2 acres; Resolution for Site Plan Review on 3.2 acres Location: 11903 Valley View Road. (Ordinance for PUD District Review with waivers and Zoning District Amendment ;Resolution for Site Plan Review) C.ADOPT RESOLUTION RELEASING THE FOUNTAIN PLACE RETAIL DEVELOPMENT AGREEMENT AND CONSERVATION/SCENIC EASEMENT FOR LOT 2, BLOCK 1, FOUNTAIN PLACE D.AUTHORIZE EXECUTION OF THIRD AMENDMENT TO THE PURCHASE AGREEMENT FOR LOT 1, BLOCK 1, AND OUTLOT C, COLUMBINE ADDITION CITY COUNCIL AGENDA January 8, 2008 Page 2 E.ADOPT RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS F.ADOPT RESOLUTION DESIGNATING DEPOSITORIES G.ADOPT RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS H.ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS 1.ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE J.ADOPT RESOLUTION AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL K.ADOPT RESOLUTION ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2008 IX.PUBLIC HEARINGS /MEETINGS X.PAYMENT OF CLAIMS XI.ORDINANCES AND RESOLUTIONS XII.PETITIONS, REQUESTS AND COMMUNICATIONS XIII .REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV.APPOINTMENTS A.RESOLUTION DESIGNATING OFFICIAL CITY NEWSPAPER B.RESOLUTION DESIGNATING OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE CITY COUNCIL IN 2008 AND APPOINTING ACTING MAYOR C.RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY D.RESOLUTION APPOINTING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2008 E.APPOINTMENT OF MAYOR YOUNG AS DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO ASSOCIATION OF METROPOLITAN MUNICIPALITIES CITY COUNCIL AGENDA January 8, 2008 Page 3 F.APPOINTMENT OF MAYOR YOUNG AS DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES G.APPOINTMENT OF MAYOR YOUNG TO MUNICIPAL LEGISLATIVE COMMISSION H.APPOINTMENT TO SOUTHWEST CORRIDOR COMMISSION 1.APPOINTMENT TO SOUTHWEST CABLE TV COMMISSION J.APPOINTMENT TO EDEN PRAIRIE FOUNDATION K.APPOINTMENT TO 1-494 CORRIDOR COMMISSION L.APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE M.APPOINTMENT TO LEAGUE OF MINNESOTA CITIES INSURANCE TRUST BOARD OF TRUSTEES N.APPOINTMENT OF ASSISTANT WEED INSPECTOR XV.REPORTS A.REPORTS OF COUNCILMEMBERS B.REPORT OF CITY MANAGER C.REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D.REPORT OF PARKS AND RECREATION DIRECTOR E.REPORT OF PUBLIC WORKS DIRECTOR F.REPORT OF POLICE CHIEF G.REPORT OF FIRE CHIEF H.REPORT OF CITY ATTORNEY XVI.OTHER BUSINESS XVII. ADJOURNMENT ANNOTATED AGENDA DATE:January 4, 2008 TO:Mayor and City Council FROM :Scott Neal, City Manager RE:City Council Meeting for Tuesday, January 8, 2008 TUESDAY, JANUARY 8,2008 7:00 PM,COUNCIL CHAMBER 1.ROLL CALL / CALL THE MEETING TO ORDER II.COLOR GUARD/PLEDGE OF ALLEGIANCE Synopsis :At the request of the Mayor and City Council, a new Scouts Color Guard program has been initiated. Beginning with the January 8, 2008 City Council meeting, Section II will now be called the "Color Guard / Pledge of Allegiance with the addition of the Scouts Color Guard to the City Council meetings.The Mayor will read the following introduction to the new Color Guard detail: n The Color Guard program was created to strengthen the City's already good relationship with the local Scouting community and to enhance the beginning of City Council meetings. As we know, all Scouting helps build strong values, leadership skills, self-worth and achievement. •Staff contacted Boys Scout and Girl Scout Troops that serve kids living or going to school in Eden Prairie as our "pool" of Color Guard presenters. We will rotate to a different Scout Troop to perform the Color Guard for each Council meeting. n To prepare the Scout Troops for performing the Color Guard, an instructional DVD is being prepared. n Work on the Color Guard detail began last November. Instrumental to making this program happen were: o Facilities Manager , Paul Sticha o Communications Manager , Joyce Lorenz o Communications Coordinator, Kari Knoll o Video Technicians, Ben Jurisz and Jamie Lambert o Police Reservist, Woody Franklin, and o Assistant to the City Manager ,Michael Barone n Tonight's Color Guard is being presented by Cub Scout Pack #330 based at St. Hubert's. Pack #330 is lead by Cub Master Tom Ryan, and tonight's Color Guard is from the Webelos II Dens led by Mark Arrington and John Newman. n Proceed to the Color Guard ....... ANNOTATED AGENDA January 8, 2008 Page 2 When the Mayor announces the Scout, the Scout or Scout Master will step to the podium. Scout /Scout Master :"I am from Scout Troop #and Mayor and City Council, we are ready to present the Colors." Mnvnr •"Cnlnr rlctmil nrcccnt the Cnlnrc " The Detail Commander will March forward alone to the podium -then turn and face the Color Guard and start the ceremony. Detail Commander :"Color Detail, ATTENTION. Forward MARCH." The Color Guard and Scouts will march to the front and automatically halt when in position; no command for halt will be given. Detail Commander at the podium will turn to the Mayor. Detail Commander :"Mayor and City Council, we are ready for the Pledge of Allegiance." As Mayor says this, the Detail Commander turns back to the color detail and says: Detail Commander :"Present Colors." [The American Flag is snapped straight up and the State Flag is dropped to a 452 angle.] "Hand Salute." - - - - - Pledge of Allegiance is said by all ----- As soon as the Pledge of Allegiance is complete, the Detail Commander says: Detail Commander :Ready, TWO. The scouts return to attention and both flags are brought back to carrying position. Mayor :"Color Detail, retire the Colors." Detail Commander :"Forward MARCH." Color Guard will now leave the Council Chambers. Outside the Council Chamber doors, the Color Guard will finish their duties. The Mayor will continue with the next item of business on the City Council Agenda while this takes place. ANNOTATED AGENDA January 8, 2008 Page 3 Detail Commander :"Detail HALT." [All Color Guard members and Scout participants remain at attention.] "Post COLORS." [Color Guard now places the flags in the flag holders outside the Council Chambers]. "FALLOUT." This ends the Color Guard ceremony. III.COUNCIL FORUM INVITATION The City Council provides an Open Forum opportunity for Eden Prairie citizens to address the Council on issues related to Eden Prairie city government on the first and third Tuesday of each month from 6:30-6:50 p.m. in the Council Chambers immediately prior to the start of the City Council's regularly scheduled meetings.Open Forum is reserved for scheduled participants. If you wish to speak to the Council during Open Forum, please contact the City Manager's office by calling 952.949.8412 by noon of the meeting date with your name and the subject matter you wish to address. The Council also provides an impromptu, unscheduled Open Podium opportunity for citizens to address the Council concerning issues related to Eden Prairie city government from 6:50 to 7:00 p.m. immediately following Open Forum. Open Forum and Open Podium are not recorded or televised. The City Council reserves the right to adjust time allocations. If you have questions about the process or procedures of Open Forum or Open Podium, please contact the City Manager's office. IV.PROCLAMATIONS / PRESENTATIONS A.PROCLAMATION CELEBRATING THE CHINESE NEW YEAR Synopsis :This proclamation recognizes the start of the Chinese New Year and extends the Council's best wishes to the government officials and people of Loudi, China. V.APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION :Move to approve the agenda. VI.MINUTES MOTION :Move to approve the following City Council minutes: A.COUNCIL WORKSHOP HELD MONDAY,DECEMBER 18, 2007 B.CITY COUNCIL MEETING HELD MONDAY,DECEMBER 18, 2007 VII.REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII.CONSENT CALENDAR MOTION :Move approval of items A-K on the Consent Calendar. ANNOTATED AGENDA January 8, 2008 Page 4 A.CLERK 'S LICENSE LIST B.LAMETTRY COLLISION Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 3.2 acres and Zoning District Amendment in the Commercial Regional Service Zoning District on 3.2 acres; Resolution for Site Plan Review on 3.2 acres Location :11903 Valley View Road. (Ordinance for PUD District Review with waivers and Zoning District Amendment ;Resolution for Site Plan Review) C.ADOPT RESOLUTION RELEASING THE FOUNTAIN PLACE RETAIL DEVELOPMENT AGREEMENT AND CONSERVATION/SCENIC EASEMENT FOR LOT 2, BLOCK 1, FOUNTAIN PLACE D.AUTHORIZE EXECUTION OF THIRD AMENDMENT TO THE PURCHASE AGREEMENT FOR LOT 1 ,BLOCK 1 ,AND OUTLOT C, COLUMBINE ADDITION E.ADOPT RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS F.ADOPT RESOLUTION DESIGNATING DEPOSITORIES G.ADOPT RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS H.ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS 1.ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE J.ADOPT RESOLUTION AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL K.ADOPT RESOLUTION ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2008 IX.PUBLIC HEARINGS / MEETINGS X.PAYMENT OF CLAIMS MOTION :Move approval of the Payment of Claims as submitted (Roll Call Vote). XI.ORDINANCES AND RESOLUTIONS XII.PETITIONS, REQUESTS AND COMMUNICATIONS ANNOTATED AGENDA January 8, 2008 Page 5 XIII .APPOINTMENTS A.RESOLUTION DESIGNATING OFFICIAL CITY NEWSPAPER Synopsis :This designation is required on an annual basis. The Eden Prairie News now has a primary office in Eden Prairie and is qualified to be considered as the official newspaper. The Eden Prairie News had been the official City newspaper for 27 years. The Eden Prairie Sun-Current has been the official newspaper since 2003. MOTION :Move to adopt Resolution designating the Eden Prairie as the official City newspaper for the year 200 B.RESOLUTION DESIGNATING OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE CITY COUNCIL IN 2008 AND APPOINTING ACTING MAYOR Synopsis :This resolution requires approval on an annual basis. MOTION :Move to adopt Resolution designating the official meeting dates, time and place for the City of Eden Prairie Council in 200 and appointing Councilmember the Acting Mayor. C.RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY Synopsis :This appointment requires approval on an annual basis. MOTION :Move to adopt the resolution appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Phil Young as Chair; Scott Neal as Executive Director and as Secretary for calendar year 200 . D.RESOLUTION APPOINTING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2008 Synopsis :This resolution requires approval on an annual basis. Director of Public Works Gene Dietz served as the Director and Councilmember Butcher served as the Alternate Director to the Suburban Rate Authority in 2007. MOTION :Move to adopt the Resolution designating as the Director and as the Alternate Director to the Suburban Rate Authority. ANNOTATED AGENDA January 8, 2008 Page 6 E.APPOINTMENT OF MAYOR YOUNG AS DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO ASSOCIATION OF METROPOLITAN MUNICIPALITIES Synopsis :This appointment is approved on an annual basis. MOTION :Move to approve appointment of the Mayor as Delegate and Council Members as Alternates to the Association of Metropolitan Municipalities. F.APPOINTMENT OF MAYOR YOUNG AS DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES Synopsis: This appointment is approved on an annual basis. MOTION :Move to approve appointment of the Mayor as Delegate and Council Members as Alternates to the National League of Cities. G.APPOINTMENT OF MAYOR YOUNG TO MUNICIPAL LEGISLATIVE COMMISSION Synopsis: This appointment is approved on an annual basis. MOTION :Move to approve appointment of the Mayor to the Municipal Legislative Commission. H.APPOINTMENT TO SOUTHWEST CORRIDOR COMMISSION Synopsis :This appointment is approved on an annual basis. Council Member Nelson served on the Southwest Corridor Commission in 2007. MOTION :Move to approve appointment of Southwest Corridor Commission. 1.APPOINTMENT TO SOUTHWEST CABLE TV COMMISSION Synopsis :This appointment is approved on an annual basis. Council Member Aho served on the Southwest Cable Commission in 2007. MOTION :Move to approve appointment of to the Southwest Cable Commission. ANNOTATED AGENDA January 8, 2008 Page 7 J.APPOINTMENT TO EDEN PRAIRIE FOUNDATION Synopsis :This appointment is approved on an annual basis.Mayor Young served on the Eden Prairie Foundation in 2004, 2005, 2006 and the first half of 2007. Council Member Nelson assumed the appointment in June 2007. MOTION :Move to approve appointment of to the Eden Prairie Foundation. K.APPOINTMENT TO 1-494 CORRIDOR COMMISSION Synopsis: This appointment is approved on an annual basis. Councilmember Aho has served on the 1-494 Corridor Commission from 2005 to 2007. MOTION :Move to approve appointment of the 1-494 Corridor Commission. L.APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE Synopsis :This appointment is approved on an annual basis.Council Member Nelson served on the City and School Facilities Use Task Force in 2007. MOTION :Move to approve appointment of to the City and School Facilities Use Task Force. M.APPOINTMENT TO LEAGUE OF MINNESOTA CITIES INSURANCE TRUST BOARD OF TRUSTEES Synopsis :Councilmember Sherry Butcher has served as a member of the Board of Trustees for the League of Minnesota Insurance Trust (LMCIT) since 2003. The LMCIT Board is a substantial assignment. The Board asks for the member governments of their Board members acknowledge their LMCIT Board participation with a motion of support. MOTION :Move to appoint Council Member Butcher to serve on the League of Minnesota Cities Insurance Trust Board of Trustees. N.APPOINTMENT OF ASSISTANT WEED INSPECTOR Synopsis :Each year the City of Eden Prairie is requested to appoint an Assistant Weed Inspector for the City under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81. The responsibility of the Assistant Weed Inspector is to enforce the local and state weed ordinances. Jeff Cordes has been doing this inspection work for the past several years, and he is familiar with the City ordinance and state law. ANNOTATED AGENDA January 8, 2008 Page 8 Under State Statute, the Mayor is the City Weed Inspector and appointment of an Assistant Weed Inspector thereby relieves the Mayor or City Council of those duties as required by Minnesota State Statute. MOTION :Move to appoint Jeff Cordes as Assistant Weed Inspector for the City of Eden Prairie. XIV.REPORTS A.REPORTS OF COUNCIL MEMBERS B.REPORT OF CITY MANAGER C.REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D.REPORT OF PARKS AND RECREATION DIRECTOR E.REPORT OF PUBLIC WORKS DIRECTOR F.REPORT OF POLICE CHIEF G.REPORT OF FIRE CHIEF H.REPORT OF CITY ATTORNEY XV.OTHER BUSINESS XVI.ADJOURNMENT MOTION :Move to adjourn the meeting. CITY COUNCIL AGENDA DATE: January 8, 2008 SECTION: Color Guard / Pledge of Allegiance DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: II. City Council Addition of Scouts Color Guard to Pledge of Allegiance in Council Agenda Synopsis At the request of the Mayor and City Council, a new Scouts Color Guard program has been initiated.Beginning with the January 8, 2008 City Council meeting, Section II will now be called the "Color Guard / Pledge of Allegiance with the addition of the Scouts Color Guard to the City Council meetings. Background: The Color Guard program was created to strengthen the City's already good relationship with the local Scouting community and to enhance the beginning of City Council meetings.As we know ,all Scouting helps build strong values, leadership skills, self- worth and achievement. •Staff contacted Boys Scout and Girl Scout Troops that serve kids living or going to school in Eden Prairie as our "pool of Color Guard presenters. We will rotate to a different Scout Troop to perform the Color Guard for each Council meeting. To prepare the Scout Troops for performing the Color Guard, an instructional DVD is being prepared. Work on the Color Guard detail began last November. Instrumental to making this program happen were: o Facilities Manager, Paul Sticha o Communications Manager, Joyce Lorenz o Communications Coordinator, Kari Knoll o Video Technicians, Ben Jurisz and Jamie Lambert o Police Reservist, Woody Franklin, and o Assistant to the City Manager, Michael Barone. Tonight's Color Guard is being presented by Cub Scout Pack #330 based at St. Hubert's. Pack #330 is lead by Cub Master Tom Ryan, and tonight's Color Guard is from the Webelos II Dens led by Mark Arrington and John Newman. Proceed to the Color Guard .......(Order of Commands on Next Page) Color Guard Detail -Order of Commands and Program When the Mayor announces the Scout, the Scout or Scout Master will step to the podium. Scout /Scout Master :"I am from Scout Troop #and Mayor and City Council, we are ready to present the Colors. Movnr• «(`nl nr Tln+oil nrmm.4.1in 0 ^1- The Detail Commander will March forward alone to the podium - then turn and face the Color Guard and start the ceremony. Detail Commander :"Color Detail, ATTENTION. Forward MARCH. The Color Guard and all Scouts will march to the front and automatically halt when in position; no command for halt will be given. Detail Commander at the podium will turn to the Mayor. Detail Commander :"Mayor and City Council, we are ready for the Pledge of Allegiance. Mayor: "All rise for the Pledge of Allegiance. As Mayor is saying this, the Detail Commander turns back to the color detail and says: Detail Commander :"Present Colors. [The American Flag is snapped straight up and the State Flag is dropped to a 45° angle.] "Hand Salute. ----- Pledge of Allegiance is said by all ----- As soon as the Pledge of Allegiance is complete, the Detail Commander will say: Detail Commander :Ready, TWO. The scouts return to attention and both flags are brought back to their carrying position. Mayor: "Color Detail, retire the Colors. Detail Commander :"Forward MARCH. Color Guard will now leave the Council Chambers. Outside of the Council Chamber doors, the Color Guard will finish their duties. The Mayor will continue with the next item of business on the City Council Agenda while this takes place. Detail Commander :"Detail HALT. [All Color Guard members and Scout participants remain at attention.] "Post COLORS. [Color Guard now places the flags in the flag holders outside the Council Chambers]. "FALLOUT. This ends the Color Guard ceremony. ITEM NO.: IV.A. PROCLAMATION City of Eden Prairie Hennepin County,Minnesota WHEREAS ,Chinese calendar has been in continuous use for centuries predating the current International Calendar which is based on the Gregorian Calendar; and WHEREAS, February 7, 2008 ,is the first day of the Chinese New Year; and WHEREAS ,the new Chinese Year will be known as the Year of the Rat; and WHEREAS ,the City Council desires to express its good feelings and wishes to our friends in the City of Loudi on the occasion of the start of the New Year. NOW, THEREFORE ,BE IT PROCLAIMED THAT: The Mayor and City Council of the City of Eden Prairie ,Minnesota extend their best wishes for a happy and prosperous New Year to the government officials and people of Loudi. ADOPTED by the Eden Prairie City Council on this 8th day of 2008. IN WITNESS WHEREOF ,I have affixed the seal of the City of Eden Prairie. Phil Young, Mayor on behalf of Council Members: Brad Aho Sherry Butcher Kathy Nelson Jon Duckstad UNAPPROVED MINUTES ITEM NO.: VI.A. JOINT CITY COUNCIL/PLANNING COMMISSION WORKSHOP &OPEN FORUM /OPEN PODIUM TUESDAY, DECEMBER 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 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, Economic Development Manager David Lindahl, Communications Manager Joyce Lorenz, Assistant to the City Manager Michael Barone, City Attorney Mark Johnson, and Recorder Lorene McWaters PLANNING COMMISSION: Chair Ray Stoelting; Vice Chair Jon Stoltz; John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell, Peter Rocheford, Kevin Schultz, Fred Seymour In the absence of both Mayor Young and Acting Mayor Butcher, Council Member Aho called the meeting to order at 5:30 p.m.Mayor Young joined the meeting at 5:35 p.m. Council Member Butcher joined the meeting at 5:50 p.m. Heritage Room II 1.MAJOR CENTER AREA STREETSCAPE PLAN City Manager Scott Neal introduced Barry Warner of SRF Consulting Group, the City's consultant on the Town Center Streetscape Master Plan project. Neal provided background on the Major Center Area and reviewed the project's 2030 vision for the area, which includes mixed use development, public/private open spaces, a compact and walkable town center, trails and sidewalks, green boulevard streets, and LRT service. Neal also reviewed the timeline of the Major Center Area project from its inception in 2004 to today. Neal said the Town Center Guidelines and draft Ordinance were approved by the Planning Commission in November and are on the Council Meeting Agenda tonight. City staff also presented streetscape plans to the Chamber of Commerce Government Committee at their morning meeting on December 18 for feedback. Warner reviewed the MCA Streetscape goals, which are to: •Provide attractive, safe and pedestrian friendly streets •Provide good visibility and access to commercial •Enhance wayfmding and area identity •Integrate all modes of transportation •Provide continuous sidewalks along all streets •Buffer sidewalks/pedestrian spaces from busy roads and streets •Improve pedestrian crossing safety •Screen surface parking lots from roads •Provide seasonal color and interest •Be mindful of maintenance needs Council Workshop Minutes December 18, 2007 Page 2 Prairie Style is the project motif, and design elements have been incorporated in sidewalk pavement; lighting; benches, trash receptacles and bike racks; bollards; tree grates; planters; kiosks/monuments; screening fences; and median treatments.Warner presented a number of options under consideration for each element. In addition, Warner showed several possible placements of power lines: •Poles placed in the center median •Poles placed in the boulevard •Poles placed in the on-street parking bumpout area •Poles placed at the rear of buildings Warner said preliminary cost estimates (assuming 2008 construction costs ) for the streetscape project vary, depending on the type of roadway: •Future Main Street - $650 -$850/LFF (lineal frontage foot) •Singletree Lane, Type A - $500-$550/LFF •Singletree Lane, Type B - $400 -$575/LFF •Loop Road - $175-$300/LFF Warner said the project is expected to be financed in part through redevelopment projects such as Windsor Plaza, Presbyterian Homes, Bobby & Steve's, and others. He said financing for properties not redeveloping are subject to further discussion. Community Development Director Janet Jeremiah said the estimated cost for the entire loop road area is from six to seven million dollars. A potential first phase project along Prairie Center Drive from Highway 5 to Flying Cloud Drive would be 1.1 to 1.6 million dollars. A special service district is under consideration, but would require buy-in from over 60 percent of affected businesses. She said one advantage of a special service district is that it involves a board of property owners that can collectively contract for services. Jeremiah said staff needs to know how much of the streetscape project the City will fund. Staff is at the point of making decisions that will affect Phase 1 projects, particularly in relation to aesthetics and cost-sharing. She said the City Council's input and guidance is very important at this point. Additional business and property owner meetings are scheduled in early 2008. Jeremiah said she plans to invite nearby cities that have undertaken similar projects to talk about their experiences. Jeremiah and Warner noted that most nearby suburbs have done or are in the process of implementing similar projects to maintain vital commercial areas and add housing within walking distance. Planning Commission Member Jerry Pitzrick raised a concern about the placement of power poles and related easement issues .He said he believes with four- to six-story buildings under consideration ,visibility of power poles could become a factor in marketability .Council Member Nelson said it makes sense to place the power poles in the rear of buildings. Pitzrick said that might require moving the future Main Street. He would like to see plans showing exactly how that would work .Jeremiah said the Guide Plan calls for power poles being place behind buildings in the rear service corridor... Council Workshop Minutes December 18, 2007 Page 3 Jeremiah encouraged the Council and Planning Commission to remain flexible on placement of power poles due to cost and design considerations until specific development proposals are received. Planning Commission Vice Chair Jon Stoltz said it sounds like the City is on track with costs, or they would have heard otherwise from Bobby and Steve's. Council Member Nelson said she is happy to see a plan that will result in an attractive, prosperous-looking area for business. Council Member Aho said the aesthetics are good. He asked what the upcharge is over a standard streetfront.Warner said costs under the plan are 75 to 100 percent above standard sidewalks and landscaping. Nelson asked if there are other options for sidewalks, for instance, that could achieve the same look for a lower cost. Warner said there are less expensive options, but upkeep tends to be problematic over time.Council Member Butcher said she thinks this is a great plan and she appreciates seeing the evolution of the plan over time. Council Chamber II.OPEN FORUM A.ANN HIGGINS - BUDGET Higgins said she has serious concerns about proposed cuts to budget for the Heritage Preservation Specialist position. She said such cuts could have severe consequences for the Cummins Grill House and other historic properties, as well as the Children's Camp at Glen Lake. She said the cuts could jeopardize grants and other aid. B.KASEY KLUGE - BUDGET Kluge spoke against cutting funds for the Immigrant Services Liaison position. He asked the Council to put themselves in the shoes of those who use the services of the Liaison before making a decision to cut funds. C.DEB SWEENEY - BUDGET Sweeney said she is a resident, a grant writer, the mother of children who attend Forest Hills Elementary, and an independent. She said she does not believe a non-profit or contracted translator can provide the services currently available through the Immigrant Services Liaison. She encouraged the council to retain at least a partial position to provide services to immigrants. She said it would take a minimum of two years to transition these services to a non-profit organization. D.RON CASE - BUDGET Case said the people of Eden Prairie do not want the City Council to disrupt Eden Prairie as they know it. He said John Gertz has been responsible for securing $140,000 in grants for the City.Cutting the budget for heritage preservation could jeopardize future grants and has implications for Eden Prairie as a Certified Local Government. Council Workshop Minutes December 18, 2007 Page 4 E.AHMED JAMA - BUDGET Jama said that Khadra Duale's position is crucial for the Somali community in Eden Prairie. He said Duale's office is where Somalis turn for help with healthcare, transportation and housing in a land that is strange to them. He said she is the eyes and ears for the six percent of Eden Prairie residents who are Somali immigrants. F.ANISA HAJIMUMIN -BUDGET Hajmumin said she is a parent, a worker, and a member of Eden Prairie's Somali community. She said most Americans or their families came here from elsewhere and needed help at some point in time. She said many Somalis were abused during the war in their homeland, and it is imperative for them to stick together as a community. She said her community will remember what the leaders of Eden Prairie do today. G.JEFF STRATE - BUDGET Strate said he has many Somali neighbors, and that Eden Prairie is blessed to have immigrants in the community. He said there is a need for the Immigrant Liaison and asked Council not to reduce or eliminate the position. H.NANCY ARIETA Arieta encouraged the Council not to retain the Immigrant Liaison or Heritage Preservation positions. She said the city's business to do the city's business. She asked why it is necessary to accommodate all immigrant groups. 1.STEVEN HINES Hines said that while everyone is interested in helping others, obligating everyone to participate is unconscionable.He said there are other ways to fund things like the Immigrant Liaison position. J.SHEILA KIHNE Kihne said she is tired of hearing how little the budget is increasing. She said the proposed budget increase is $2 million, and her property taxes are increasing 12 percent. K.KAREN KIRCHOFF Kirchoff said she has lived in many places across the country and sat on many boards. She said the Immigrant Liaison position is redundant and should be trimmed. Council Workshop Minutes December 18, 2007 Page 5 L.PATRICIA BAUMER Baumer said she is troubled by proposed budget cuts. She said there could be the perception of racism if the Immigrant Liaison position is cut. She said Eden Prairie is experiencing dis-ease and is in need of healing. She said as an affluent white woman, she supports government helping to do what she can't do, which in part includes speaking Somali. III.OPEN PODIUM IV.ADJOURNMENT UNAPPROVED MINUTES ITEM NO.: VI.B. EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,DECEMBER 18, 2007 7:00 P .M., 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, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Mark Johnson and Council Recorder Carol Pelzel 1.ROLL CALL / CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:23 p.m. II.PLEDGE OF ALLEGIANCE III.COUNCIL FORUM INVITATION IV.PROCLAMATIONS/PRESENTATIONS A.PRESENTATION OF CONSERVATION COMMISSION COMMENDATIONS Young explained the Conservation Commission initiated a Commendation for a Conservation Program to recognize residents, students, organizations and businesses involved in activities that benefit the environment in Eden Prairie. This year, the Commission recommended two nominations for an award. Young presented the first award to Jim Nehl. Mr. Nehl organized the Mitchell Lake Association to address declining water quality and shoreline issues. Young presented the second award to David Jellison of Liberty Property Trust. Liberty Trust built a 56,000 square foot office building in Eden Prairie with the goal of achieving Leadership in Energy and Environmental Design certification. V.APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS City Manager Neal asked that a couple items be added to the agenda. The first is a revision to Item VIII C. Adopt Capital Asset Policy .A material change was made to the policy. The definitions were changed. In previous years they have not amortized software investments and that is something they will now do. Neal also asked to add items VIII G. Award Contracts for 2008 Water Treatment Chemicals and VIII H. Award Contract for Lime Residuals Hauling and Disposal .Neal explained that both of these contracts went through the competitive public process and they are standard contracts that have been used in prior years. CITY COUNCIL MINUTES December 18, 2007 Page 2 MOTION: Duckstad moved, seconded by Aho, to approve the agenda as published and amended.The motion carried 5-0. VI.MINUTES A.TOWN HALL MEETING HELD TUESDAY,NOVEMBER 27, 2007 MOTION: Nelson moved, seconded by Butcher, to approve the minutes of the Town Hall meeting held Tuesday, November 27, 2007, as published .The motion carried 5-0. B.COUNCIL WORKSHOP HELD MONDAY,DECEMBER 3, 2007 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Council workshop held Monday, December 3, 2007, as published .The motion carried 5-0. C.TRUTH -IN-TAXATION PUBLIC HEARING HELD MONDAY, DECEMBER 3, 2007 MOTION: Duckstad moved, seconded by Butcher, to approve the minutes of the Truth-In-Taxation public hearing held Monday, December 3, 2007, as published. The motion carried 5-0. D.CITY COUNCIL MEETING HELD MONDAY,DECEMBER 3, 2007 MOTION: Butcher moved, seconded by Duckstad, to approve the minutes of the City Council meeting held Monday, December 3, 2007, as published.The motion carried 5-0. VII.REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII.CONSENT CALENDAR A.CLERK'S LICENSE LIST B.APPROVE SECOND READING OF ORDINANCE NO. 27-2007 AMENDING THE FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND ADOPT RESOLUTION NO. 2007-131 APPROVING SUMMARY FOR PUBLICATION C.ADOPT CAPITAL ASSET POLICY CITY COUNCIL MINUTES December 18, 2007 Page 3 D.ADOPT RESOLUTION NO. 2007-132 APPROVING MAINTENANCE AGREEMENT WITH MNDOT FOR TH 62 TRAIL BETWEEN BAKER ROAD AND BEACH ROAD ,I.C.02-5553 E.APPROVE PURCHASE OF MICROWAVE RADIO ANTENNAE SYSTEM FROM HARRIS STRATEK F.ADOPT RESOLUTION NO. 2007-133 DECLARING CITY'S INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF PROCEEDS OF SUBSEQUENTLY ISSUED SERIES OF BONDS G.AWARD CONTRACTS FOR 2008 WATER TREATMENT CHEMICALS H.AWARD CONTRACT FOR LIME RESIDUALS HAULING AND DISPOSAL MOTION: Aho moved, seconded by Butcher, to approve Items A-H on the Consent Calendar.The motion carried 5-0. IX.PUBLIC HEARINGS / MEETINGS A.ENTERPRISE RENT -A-CAR Request for: Guide Plan Change from Office to Community Commercial on 1.6 acres ,Planned Unit Development Concept Review on 1.6 acres ,Planned Unit Development District Review with waivers on 1.6 acres ,Zoning District Change from Rural to Community Commercial on 1.6 acres ,Site Plan Review on 1.6 acres and Preliminary Plat on 1.6 acres into one lot.Location: NW Corner of Hwy 5 and Venture Lane (Resolution No. 2007-134 for Guide Plan Change ;Resolution No. 2007-135 for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Change ;Resolution No. 2007-136 for Preliminary Plat) City Manager Neal reported official notice of this public hearing was published in the December 5, 2007, Eden Prairie Sun Current and sent to 14 property owners. The site plan shows a 3,450 square foot building. The 120-day review period expires on February 14, 2008. The Planning Commission voted 5-0 to recommend approval of the project at their November 14 meeting with the recommendation to revise the rear lot line on the plans. The plans have been revised to meet this recommendation. Community Development Director Jeremiah reminded the Council that a full presentation from the consultant had been given to the City Council a couple of months ago. The Planning Commission did make a few final tweaks to the proposal. At the Council presentation they looked at both the design guideline and the Town Center District ordinance guidelines. There were no comments from the audience. CITY COUNCIL MINUTES December 18, 2007 Page 4 MOTION: Butcher moved, seconded by Aho, to close the public hearing; adopt Resolution No. 2007-134 for Guide Plan Change from Office to Community Commercial on 1.6 acres; and adopt Resolution No. 2007-135 for Planned Unit Development Concept Review on 1.6 acres; and approve first reading of the Ordinance for Planned Unit Development District review with waivers and Zoning District change from Rural to Community Commercial on 1.6 acres; and adopt Resolution No. 2007-136 for Preliminary Plat on 1.6 acres into one lot; and direct staff to prepare a Development Agreement incorporating staff and Commission recommendations and Council conditions .The motion carried 5-0. B.KINDERBERRY HILL Request for: Planned Unit Development Concept Review on 5.13 acres, Planned Unit Development District Review with waivers and Zoning District Amendment within the Office Zoning District on 5.13 acres, Site Plan Review on 5.13 acres and Preliminary Plat on 5.13 acres into two lots and one outlot. Location: Hennepin Town Road & Pioneer Trail .(Resolution No. 2007-137 for PUD Concept Review ;Ordinance for PUD District Review with waivers and Zoning District Amendment ;Resolution No. 2007-138 for Preliminary Plat) Neal reported official notice of this public hearing was published in the December 5, 2007, Eden Prairie Sun Current and sent to 85 property owners. The site plan shows a 14,537 square foot daycare building and outside activity area. The Planning Commission also reviewed a concept plan for a 4,500 square foot office building on Lot 2, north of the daycare. The Planning Commission was not comfortable with the plan since it did not conform to City requirements related to setbacks. The applicant withdrew the office request. The 120-day review period expires on February 27, 2008. The Planning Commission voted 5-0 to recommend approval of the project at their November 14, 2007 meeting subject to the following conditions: •Meet exterior material requirements. (Shown on the revised plans.) •Meet sign size requirements (Shown on the revised plans.) •Show a five-foot wide concrete sidewalk along the entire length of both sides of Hennepin Town road from Pioneer Trail. (To be included as a condition in the Development Agreement.) •Drainage and utility easements must be shown over the public storm sewer from the MNDOT right-of-way; wetland, wetland buffer and wetland mitigation areas. (To be included on the final plat.) •Provide a Wetland Buffer Evaluation Report. (To be included as a condition in the Development Agreement.) There were no comments from the audience. MOTION: Duckstad moved, seconded by Nelson, to close the public hearing, adopt Resolution No. 2007-157 for Planned Unit Development Concept Review CITY COUNCIL MINUTES December 18, 2007 Page 5 on 5.13 acres; approve first reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District amendment within the Office Zoning District on 5.13 acres; adopt Resolution No. 2007-138 for Preliminary Plat on 5.13 acres into two lots and one outlot; and direct staff to prepare a Development Agreement incorporating staff and Commission recommendations and Council conditions.The motion carried 5-0. C.FIRST READING OF AN ORDINANCE ADDING CITY CODE SECTION 111.27 TO CREATE A TOWN CENTER ZONING DISTRICT Neal reported official notice of this public hearing was published in the December 5, 2007, Eden Prairie Sun Current. This is the first reading of the ordinance to create a Town Center District. The District establishes uses ,height and density consistent with the MCA Plan. The District is also based on conforming to the Town Center Design Guidelines. Second reading of the ordinance is included in tonight's agenda under the Ordinances and Resolutions section. The Planning Commission voted 7-0 to recommend approval of the ordinance to create a Town Center district. The Planning Commission voted 6-0-1 to recommend approval of Town Center Design Guidelines. Jeremiah explained that a full presentation from the City's consultant was made to the City Council a couple of months ago prior to the Planning Commission making some final tweaks .The Ordinance utilizes three sub-districts to reflect different land use intensity and character. Nelson asked if this item would come back before the Council for a third time. Neal responded that the second reading would be held later this evening. Nelson indicated that the document previously talked about foliage and now talks about flowers. She said she realizes it may be too late to change the document but did want to mention the change. MOTION: Butcher moved, seconded by Aho, to approve the first reading of the Ordinance amending Chapter 11 adding Subdivision 11.27 - Town Center Zoning District; and to adopt the Town Center Design Guidelines .The motion carried 5-0. X.PAYMENT OF CLAIMS MOTION: Butcher 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 CITY COUNCIL MINUTES December 18, 2007 Page 6 A.SECOND READING OF ORDINANCE NO. 28-2007ADDING CITY CODE SECTION 11.27 TO CREATE A TOWN CENTER ZONING DISTRICT (Resolution No. 2007-139 Approving Summary Ordinance) Neal explained that this is the second reading of the Ordinance to create a Town Center Zoning District. The first reading of the Ordinance was under the Public Hearings portion of the agenda for this meeting. MOTION: Butcher moved, seconded by Duckstad, to approve Second Reading of the Ordinance amending Chapter 11 adding Subdivision 11.27 - Town Center Zoning District and to adopt a Resolution approving summary Ordinance for publication .The motion carried 5-0. XII.PETITIONS, REQUESTS AND COMMUNICATIONS XIII.APPOINTMENTS XIV.REPORTS A.REPORTS OF COUNCIL MEMBERS B.REPORT OF CITY MANAGER 1.2008 Council Meeting Schedule Neal explained a copy of the Council's proposed meeting schedule was distributed to the Council. He stated he is not requesting approval at this time but asked the Council provide him with any feedback they have regarding the proposed schedule. Staff will present the schedule to the Council at their January organization meeting for official adoption. 2.2008 Property Tax Levy,Budget and HRA Tax Levy (Resolution No. 2007-140) Neal reported on September 4, 2007 the City Council adopted a Resolution certifying the proposed 2008 City budget and property tax levy. Calculations for the City showed the budget to be $42,054,786 and the certified levy to be $33,618,626 on September 4, 2007. Since September, the budget and tax levy were reduced and the final budget totals $40,982,327 and the final tax levy totals $32,274,686. Neal further reported that according to State Statute, the final levy amount must be certified to the County Auditor by December 28, 2007. City Council adoption of the final levy and budget will complete the process. Young explained at the last Council meeting they established a protocol where Council Members were to submit in writing their proposed amendments to Budget Version 1.8. Neal indicated he had received six CITY COUNCIL MINUTES December 18, 2007 Page 7 amendments to Version 1.8. The proposed amendments were included in the Council's agenda material. The material also shows the potential impact of each amendment on the budget. Nelson said she had also submitted an additional amendment that that was not included in the agenda material. Young explained the first three amendments submitted refer to the CIP levy. Amendment No. 1 was to restore the CIP levy back to $1 million and was made by Butcher. The second was to reduce the CIP levy to zero dollars and was submitted by Duckstad. The third was to reduce the CIP levy to $500,000 and was submitted by Aho. Butcher said she believes it is essential they maintain the full levy of $1 million for the CIP. She stated this is one of the pieces of Version 1.8 that she finds unacceptable. It has been the City's policy for more than a decade to levy $1 million for the CIP. Butcher said they need to be aware of the capital needs the City has. These are things that are inevitable in any city. The CIP levy keeps a consistent investment in the City's equipment, facilities and infrastructure. This is a more sustainable and affordable method for Eden Prairie residents. Past Councils have been fiscally responsible and conservative. Butcher said to cut the CIP levy would be a radical change and departure from how they have done business and from the strong financial commitments they have made to the community. The CIP policy is clear and states that they will adequately provide for the City's assets.By not levying $1 million they are risking the City's future. It is very important and in keeping with sound business practices to continue this policy. Butcher pointed out that this is a policy they have had for a long time and the Council has never discussed changing the policy itself and by not levying the $1 million they are changing the policy without having talked about the change. Butcher also pointed out that with the School's taxes going down this might be the year to increase the levy, not to decrease it. Duckstad said he feels the CIP levy is an important issue and he is seeking to suspend the levy that is included in the 2008 and 2009 budgets at $1 million. He pointed out the recommendation to reduce the levy was made by the Budget Advisory Commission (BAC). Their recommendation also included considering adding the Economic Development Fund in the sum of $2.6 million to the existing CIP Fund for a total Fund balance of $10.6 million. Duckstad said because of the large balance in the CIP Fund he is recommending they temporarily suspend the $1 million levy that goes into this Fund. Levy history shows that in 1999 and for the last eight years the total levy of taxes taken from the residents total about $7.4 million. Duckstad said the revenue sources for the CIP Fund include $1 million in liquor store proceeds. Additional revenue can be received from the Homestead Credit Fund, which is approximately $800,000, and the Fund CITY COUNCIL MINUTES December 18, 2007 Page 8 will also realize $3 million from the Presbyterian Home sale. Duckstad said he feels the Fund is huge and he is suggesting that they temporarily suspend that levy. Based on the lack of need, they should suspend that levy for two years. Duckstad said it has also been suggested that they consider putting some of the park projects on hold and this would also be another reason to suspend the levy. Aho said he is recommending they reduce the levy to $500,000 for 2008 and that he is looking to split the difference between the two proposals. He is suggesting that for 2008 they levy $500,000 and increase that levy to $750,000 in 2009. Aho said he agrees with Duckstad that they have sufficient money in the Fund and if they lower the amount of the levy for the next couple of years it would not put the City at risk. They will receive additional revenues and those revenues should maintain that Fund. Aho said it is prudent to reduce the levy some in the next two years but still maintain the Fund Balance. Nelson indicated she is willing to go along with Budget Version 1.8 which lowers the CIP levy to $750,000 for 2008 to help fund the opening of the Community Center. Under the current CIP, they know they will need over $14 million in the next five years. The addition of the funds received from Presbyterian Homes will help maintain this Fund. The money in the Fund assumes there will be no changes in liquor store revenues and they never know for sure if they will receive the Homestead Credit. To reduce the levy by more than $250,000 does take the balance down quite a bit. Also, to increase the levy every year would keep the taxes even and she feels businesses like to have their taxes predictable. Nelson said she prefers keeping the levy at $750,000 instead of $1 million for this year. She said she hesitates reducing it to $500,000. Neal explained that Council Member Aho had asked how much of the CIP is for maintaining assets the City already has versus adding new assets. Staff did determine that the breakdown is 80 percent for maintenance and 20 percent for new construction. The reduction to the CIP Fund may cause the City to change their current 5-year priority. Neal said Staff is anticipating approximately $600,000 from the Market Value Homestead Credit this year but they anticipate that this number will decrease each year. They also know the City is facing a downturn and there will be some issues as to how they will cover that. Also, the sale of property to Presbyterian Homes is not a done deal and they need to look at where these funds best fit. Neal pointed out Staff might also have to answer some questions from the City's bond rating agency regarding these recommendations. Staff will have to transfer in reserve dollars into the 2008 and 2009 budget proposals to reduce or eliminate the CIP levy. Neal said he is hesitant to talk about the impact of the cut because he doesn't know what it would be. CITY COUNCIL MINUTES December 18, 2007 Page 9 Duckstad pointed out that from 1999 to 2007 the CIP Fund has grown to $9.5 million. He said Neal indicated the trend has been to put $2 million into the Fund and to spend $3 million each year. Records do not show that $3 million was spent each year. Neal responded he was talking about the projected expenditures going forward from 2008 to 2012. Duckstad said in considering revenues of $3 million from Presbyterian Homes and revenue from liquor sales, the CIP Fund would be higher than it has ever been. Neal said they expect the Fund to be at about $6.5 million by the end of December. Butcher stated Eden Prairie has been a model City for excellence in government until now. She said she is worried about the direction this Council seems to be going in. She asked why they would risk any impact to their Triple A bond rating. Butcher indicated she is very concerned about the financial stability of the City. She does not feel this Council will have the political will to put back this funding into the levy in two years. They won't do it now when they are in great financial shape. Butcher asked that everyone think about what could possibly happen here tonight. She also wanted to mention this Council appreciates the work of the BAC, however, she questioned some of their recommendations when measuring them against Staff recommendations. Staff has made it very clear that they are opposed to reducing the CIP levy. Butcher asked the Council why they would go against the recommendations of expert Staff. Aho said that should the bond rating agency ask why they altered the CIP levy they simply tell them that they feel they have sufficient money in the Fund. The Council has to look at the total budget of the City. The CIP Fund is only one component where they have some ability to make changes without affecting services. Aho said he feels they are leaving enough in that Fund to maintain properties and for other needs. He does not feel they are jeopardizing the fiscal responsibility of the City or the ability of the City to maintain its properties if they reduce the levy to $500,000 in 2008 and to $750,000 in 2009. At that point they can decide if they need to go back up to $1 million or $1.2 million. Young said they have not discussed changing the policy because it should be what it is. If the rating agency questions the levy reduction, they can explain the long-term policy remains and the City Council is not changing the policy but making a temporary adjustment to it. With regard to the issue of the Triple A bond rating, Young said he is sensitive to that. Other governmental agencies have made larger reductions than this and their bond rating was not affected. Young asked that Staff provide the Council with some factual basis for the downgrading of a bond rating. He said he does not believe they have any reason to think that a temporary adjustment to their policy would cause the downgrading of the City's bond rating. CITY COUNCIL MINUTES December 18, 2007 Page 10 Aho said he is proposing reducing the levy to $500,000 for 2008 and adding back $250,000 in 2009 for a $750,000 levy. He does not feel this would risk the City's ability to fund capital projects. However, it does raise another question. The BAC also recommended that they combine the CIP with the Economic Development Fund. This Fund was started several years ago and was not to be used for capital projects but to attract businesses into the community. That policy was changed when the Council approved the Major Center Area (MCA). At that time, the Economic Development Fund became similar to the CIP Fund. Aho said if that is how they intend to use the Economic Development Fund, they need to look at how that fits in conjunction with what they are proposing. Aho said he is prepared to support the $500,000 change to the CIP Fund. Duckstad explained in 2003 the budget was cut and that is when the City was awarded the Triple A bond rating. The City also received three national awards for their budget. Cutting back spending was a positive thing then. He further explained they routinely have referendums for funding of trails, community centers, etc. and there is nothing stating that they can't have a referendum for other projects. Duckstad said if additional funding is needed for capital projects there are other methods for obtaining that funding. Neal clarified that in 2003 the budget was cut after it was adopted by the City Council as a result of not receiving Local Government Aid or the Market Value Homestead Credit. Aho again stated he is recommending that they temporarily reduce the CIP levy in 2008 to $500,000 and to increase it $250,000 from that level in 2009 to $750,000 total. Young said he could support Aho's recommendation. Duckstad said he does not feel the levy is being cut enough and he would not support this recommendation. Duckstad said he would like to amend Budget Version 1.8 by eliminating the Community Services Technician position. In so doing, he would like to say they have a great City and a wonderful immigrant community. In addressing that issue, they all recognize the City Council has a limited number of dollars and they also realize that Hennepin County does have a significant welfare services supplement. Duckstad explained Hennepin County has budgeted over $1.6 million with half of that budget devoted to Human Services and part of that budget is devoted specifically to multi- cultural operations. The County's 2008 budget includes 32 employees to help multi-cultural people in need. On the basis of the amount of money Eden Prairie pays to the County, they have a right to ask for more help. Duckstad said he does not think taxpayers in Eden Prairie should be taxed CITY COUNCIL MINUTES December 18, 2007 Page 11 twice for Human Services .Duckstad said for the reasons stated, he is asking that they eliminate the position of Community Services Technician. Neal explained Staff has talked to their County Commissioners and they came to the conclusion that they do not have any additional resources based on data from the Human Services Department. They are currently extending more services to Eden Prairie based on the City's population than to any other community. The County also indicated that their services to Eden Prairie should cost $2.8 million while their actual cost is a little over $8 million. Aho stated Eden Prairie is blessed to have an immigrant population that is very mixed. They do add to the community. Aho said he does, however, have some issues with focusing solely on one group of immigrants. He feels they are risking some level of being exclusionary to other groups when they support a liaison to one specific group. He stated the City should work to be a catalyst to obtain funding to provide these services. Nelson said she believes they need to keep the Community Services Technician position for 2008. They need to recognize the fact that the Somali community is six percent of the City's population and are probably the highest users of this service. Nelson said she believes it is important to have a place in the City for people with different cultures. Given the size of the Somali community it is important to have one person on staff that speaks Somali to answer their questions .Nelson also stated she believes they can have a lean budget and continue this position in 2008 and possibly support a portion of the position in 2009 with funding coming from other sources. She feels it is very important the City welcomes the Somali community. Nelson said she would be voting to continue the Community Services Technician position in 2008. Butcher said she would also be voting to continue the Community Services Technician position. This is a representative government and she has received an overwhelming number of contacts regarding this issue. Butcher indicated she would be supporting this position because she does not believe it is a duplication of services .This position provides a valuable service that they don't have in other places.This position helps to create a smooth and healthy cultural transition that is essential for new immigrants and long-term residents .Butcher said she has never had so many people contact her about a specific issue in her 11 years on the City Council. Young said he does not believe it is correct to say that this is a duplication of services. In creating this position, it was grant funded and discussions should have been held as to what happens to the position when the grant runs out. They need to be sensitive as to how they can discontinue this service. Young said he believes in transition and if they eliminate the CITY COUNCIL MINUTES December 18, 2007 Page 12 position it will be eliminated on January 1, which presents another set of problems. If they reduce the services, they need to have a plan or process in place. Young said he does think over the long-term the City should take steps to either have the services provided through the County or see if they can work with the Somali community or other non-profits to see if they can get the program in place to provide services with alternate funding. Young indicated he could not support cutting the position on January 1. He would support reducing the position to half time for 2008. Aho said he also believes in a smooth transition and he would support Young's recommendation in terms of transitioning the position to a half- time position in 2008 and reducing it completely in 2009. This would give the community an opportunity to work together to find an alternate solution. Nelson said she believes going to a half-time position in 2008 is too fixed. She stated she would be much more comfortable looking at fully funding the position in 2008 and half funding it in 2009. This would give Staff the opportunity to find other private organizations to fund the program or to find grant money. Butcher said she agrees with Nelson. This will give them the necessary time to find alternate funding such as grant money. Butcher said she would support Nelson's recommendation to keep the position in 2008 and to transition the position to a half-time position in 2009. Young said he is recommending the Heritage Preservation Position be reduced to a half-time position in 2008 and to a quarter position in 2009 and forward. He indicated he was surprised they have a full-time position in charge of heritage preservation. It was proposed that the position be reduced to a half-time position in 2010 but Young said he would like to expedite this. He said he feels this is an area that does not deserve as much focus or attention that heritage preservation has received. Butcher said it was her understanding that the position had been changed to a Planner and other responsibilities in the Planning Department were taken on by this position and did not include just heritage preservation. Jeremiah explained the Planner with the heritage preservation specialty has been training to do other things in the Department and has been working on the Comprehensive Plan. They are in the process of transitioning this position to other things in supporting the Planning Division. At this point, the majority of this position's time has been on heritage preservation because of the number of active projects going on. Butcher asked Jeremiah if she sees in the future this position doing planning work in addition to heritage preservation work to justify a full- CITY COUNCIL MINUTES December 18, 2007 Page 13 time position. Jeremiah said she could. With redevelopment projects occurring they could use this person rather than consultants. Young pointed out it is not the Council's responsibility to talk about specific employees. They need to look at the services provided and his recommendation is limited solely to services directed to heritage preservation. Young said he feels service levels for heritage preservation should be at half time for 2008 and one-quarter time thereafter. Butcher asked if Young is suggesting that they reduce heritage preservation work to 50 percent and not to necessarily eliminate 50 percent of a position. She also questioned if 50 percent of the position's time is adequate because they are active in acquiring grants. Aho asked how many properties does the City have or manage that fall into the category of heritage preservation. Jeremiah replied that there are 12 City owned properties and 62 sites not City owned. This position still needs to monitor the 62 sites with regard to development. Aho also asked how many other cities in the metro area have a full-time staff person for heritage preservation. Jeremiah said she did not know but indicated that many cities contract for the work. Aho said he believes a full-time position for the amount of work in heritage preservation is excessive and he would be in favor of going with a service level of 50 percent in 2008 and 25 percent in 2009. Nelson said she has concerns with keeping the money in the budget and redirecting the time. If they expect to have any chance of getting $6 million from the State Legislature through a bonding bill for Camp Edenwood, she believes they have to have a heritage preservation person on staff. Also, if they plan on redoing the Cummins Grill House, this will take time. Nelson pointed out the City of Edina has a full-time heritage preservation person on staff. She said she would support leaving the budget amount in assuming this person will do more things that have previously been contracted out. Nelson said she believes there will be things going on in 2008 that they will want to support. Butcher said she feels they should let the Department Head determine how this position is used and she feels they should not cut the funding for this year until they determine what will happen with the possible bonding dollars. Butcher said she thinks they will save money in the end because they won't have to use the consultants as much. Young pointed out his recommendation still permits 50 percent of this position's time devoted to heritage preservation issues in 2008 and 25 percent after that. Staff will be required to prioritize this position's work. This could be budget neutral but he is focusing on the service base. Aho said he would support this as well. CITY COUNCIL MINUTES December 18, 2007 Page 14 Nelson reported in the original budget they talked about core areas and a request from the Fire Department for a half-time position for a Training Assistant Fire Chief in 2008 and a full-time position in 2009. Nelson said she believes they should have their Fire Department at full strength for what they need. She said she does believe they need this position within the Fire Department and she would like to have the half-time position in 2008 and a full-time position in 2009. Nelson said the Council needs to support their fire Department. Neal explained this was a proposal included in the first budget draft Version 1 and was a proposal from the Fire Chief. Neal said he did not include this in his first recommendation and he took into consideration what is happening in all of the City Departments to try to make sure there is some equity among the departments. Neal further explained that he thinks this Assistant Fire Chief position will eventually need to be added to the Department, however, he did not recommend that it be added this year. Butcher said there does not appear to be urgency in adding this position. She said to make a cut in Human Services and to add to other Departments is out of balance. Butcher suggested that they look at this again in 2009. Nelson said she would be in agreement if it were added into the 2009 budget this evening. Young, Aho and Duckstad said they would support the status quo in 2008 and 2009. Neal said that when he talked to the Fire Chief about this position he agreed that there are other ways to handle this issue at this time. Nelson said she likes to support the Fire Department and she would like this item revisited in 2009. Training and safety of the volunteer department is very important and mandated by the State and Federal government. Nelson said she did want to make it clear that adding the Assistant Fire Chief position was her idea and this was not a request she received from anyone else. Aho recommended the Council levy $500,000 in 2008 for the CIP and $750,000 in 2009. Duckstad said he recognizes they have to levy and put away money for the future. However, he did not see in the projections for the next five years the kind of expenditures where they would not have adequate funding without the levy. Young said they have not committed to spending this money. Until they commit to a project, it will not be included in the CIP. Butcher said they can't forget they spend $1.5 million a year out of that Fund for roads. They have also received estimates for a transportation plan for building new roads and repairing old roads. This is a plan they have been following for many years. Young said he feels Aho's proposal is reasonable and he will support it. CITY COUNCIL MINUTES December 18, 2007 Page 15 Nelson suggested they look at how much money is spent on Staff and Council's attendance to national conferences. She suggested that people go to these conferences every other year. Nelson recommended that they take out $31,000 from the conferences and travel budget in 2008 and let administration decide where it comes out of. This would allow the Community Services Technician Position to be funded fully in 2008 and half-time in 2009. Young said that in looking at that position there is approximately $70,000 budgeted for it. There are countless ways they could get the $70,000 of funding but the issue is the scope of service. The proposal is to reduce the position to half time in 2008 and to direct Staff to try to look for other ways to provide those services other than through the City of Eden Prairie. Young said he did not like cutting services totally on January 1 without knowing that some other entity will pick it up. Aho said he would support Young's recommendation to fund the Community Services Technician position 50 percent in 2008 and for the City to be used as a catalyst to try to come up with alternate means for providing this service. MOTION: Young moved, Aho seconded, to amend Budget Version 1.8 to reflect a reduction in the CIP in 2008 of $500,000 and in 2009 a reduction of $250,000. The motion failed 2-3 with Butcher, Duckstad and Nelson voting nay. MOTION: Young moved, Aho seconded, to amend Budget Version 1.8 so that the Community Services Technician Position be reduced by 50 percent in 2008.The motion carried ,3-2 with Butcher and Nelson voting nay. MOTION: Young moved approval of Budget Version 1.8 as amended. The motion failed for lack of a second. Duckstad said without knowing more information about what projects in the CIP are going to occur, it is difficult to know how much money they will need for future projects. They have a CIP budget that has more money in it than is needed for projected projects. If next year they learn they need more they can gauge accordingly. Nelson said she is concerned that if they go with no levy and want to go back up to $1 million in 2010 that is a big jump. She said she needs some commitment the Council will be willing to support a larger levy in 2010. Nelson said she would be in favor of levying $750,000 in 2008 and $750,000 in 2009. Neal explained the CIP can take a $1 million hit and they can reprogram anything they do. Increasing the levy in later years will be difficult to explain to the residents. The CIP is for roads, bridges, sidewalks and trails and for maintaining infrastructure. The biggest share of these funds is used for streets. Neal also pointed out the CIP is not just for a five-year period. CITY COUNCIL MINUTES December 18, 2007 Page 16 It goes beyond that and the biggest concern for cutting the CIP by 50 percent is going back the other way and increasing it by 100 percent. Two years from now it might be increased by 100 percent and the average citizen may think that is exorbitant not knowing the history of the Fund. Public Works Director Dietz explained the Fund can take a $1 million hit but the question is how are they going to get that Fund back up. Duckstad said he welcomes Staff's comments and would appreciate a workshop providing them with more information on the CIP so that they can better understand the financial needs of this program. Neil suggested the Council authorize a levy of $400,000 for 2008 and $750,000 for 2009 and in the meantime Staff will schedule a workshop with the Council to review the proposed spending from this Fund. The $750,000 levy in 2009 is advisory and if the Council has a different opinion after the workshop they can increase or decrease that number. Duckstad said he could support a $400,000 levy for 2008 and a $600,000 levy for 2009 and then once they have the workshop the Council will be better informed. He asked what the average amount of money is that was spent on roads and streets over the years. Dietz responded that they have spent $1.5 million on pavement management, which is 100 percent maintenance. Following lengthy discussion regarding the CIP levy Duckstad, Aho and Young agreed the CIP levy should be $450,000 in 2008 and $650,000 in 2009. Duckstad said that once they have the workshop they will be able to make a more intelligent decision regarding this levy. Nelson said she feels residents will be upset when they go from a $650,000 levy in 2009 to a $1 million levy in 2010. Aho said they may have some reductions in other areas that will somewhat offset that increase. MOTION: Aho moved, seconded by Duckstad, to adopt Resolution No. 2007-140 certifying the 2008 Property Tax levy to be $31,943,686, approve the 2008 Budget of $40,651,327 as reviewed by the Council and to consent and approve the HRA tax levy and budget of $200,000. The motion carried 3 -2 with Butcher and Nelson voting nay. C.REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D.REPORT OF PARKS AND RECREATION DIRECTOR 1.ACI Cash Value Program at the Senior Center Neil explained this item is being presented as an information item only. Staff from the Senior Center was recently approached by a representative of the ACI Cash Value Program with the offer to be a site for distributing cards for the program .The ACI Cash Value Program allows card holders to receive a cash back reward when using participating businesses. A cash CITY COUNCIL MINUTES December 18, 2007 Page 17 back reward is also contributed back to the non-profit that promotes the program. The Senior Center would only be a promoter of the card and recipient of the proceeds to be used to off-set operating expenses. 2.Chances to the Passport to Fun Fee Assistance Program Neil explained Staff is requesting changes to the Passport to Fun Fee Assistance Program to include use of the Community Center open gym, daily use fee and membership. Staff recommends including Community Center open gym to the list of free access programs, allowing qualified participants free access to open swim, open skate and open gym throughout the year. In addition, staff is recommending allowing qualified participants to use their $150 in fee assistance per year towards the cost of a membership to the Community Center, to be used similar to registration of recreation programs where participants pay for half of the cost. The Parks, Recreation and Natural Resources Commission reviewed the information at their December 3 meeting and approved the changes. Motion :Nelson moved, seconded by Butcher, to approve the changes to the Passport to Fun fee assistance program.The motion carried 5-0. E.REPORT OF PUBLIC WORKS DIRECTOR F.REPORT OF POLICE CHIEF G.REPORT OF FIRE CHIEF H.REPORT OF CITY ATTORNEY XV.OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Aho, to adjourn the meeting.The motion carried 5 -0.Mayor Young adjourned the meeting at 11:05 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 8, 2008 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: Church of Pax Christi Event: CANA Dinner Date: February 2, 2008 Place :Pax Christi Social Hall 12100 Pioneer Trail 1 CITY COUNCIL AGENDA DATE: January 8, 2008 SECTION: Consent Agenda DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.B. Community Development/Planning LaMettry CollisionJanet Jeremiah Regina Herron Requested Action Move to: •Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service Zoning District; and •Adopt Resolution for Site Plan Review and •Approve the Development Agreement for LaMettry Collision; and •Approve and Authorize Issuance of a Grading Permit for LaMettry Collision, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated September 24, 2007, as approved by the City Council. Synopsis This is final approval of the plans and development agreement for a 5,120 square foot building addition. Background Information The 120-Day Review Period Expires on January 11, 2008. Attachments 1.Ordinance for PUD District Review 2.Summary Ordinance 3.Resolution for Site Plan Reveiw 4.Development Agreement LAMETTRY COLLISION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO.1-2008 -PUD-1-2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1.That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2.That action was duly initiated proposing that the land be amended within the Commercial Regional Service Zoning District 1-2008-PUD-1-2008 (hereinafter "PUD-1- 2008-C-REG-SER). Section 3 .The City Council hereby makes the following findings: A.PUD-1-2008-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B.PUD-1-2008-C-REG -SER is designed in such a manner to form a desirable and unified environment within its own boundaries. C.The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-1-2008-C-REG-SER are justified by the design of the development described therein. D.PUD-1-2008-C-REG-SER is of sufficient size ,composition, and arrangement that its construction ,marketing ,and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4.The land shall be subject to the terms and conditions of that certain Development Agreement dated as of January 8, 2008 ,entered into between Lamettry Properties, LLC and the City of Eden Prairie , (hereinafter "Development Agreement ).The Development Agreement contains the terms and conditions of PUD-1-2008-C-REG-SER, and are hereby made a part hereof. Section 5.The proposal is hereby adopted and the land shall be, and hereby is amended within the Commercial Regional Service District and shall be included hereafter in the Planned Unit Development 1-2008-C-REG-SER, and the legal descriptions of land in each district referred to in City Code Section 11 .03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6.City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7.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 16th day of October, 2007, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 8th day of January 2008. ATTEST: Kathleen Porta ,City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on 12008. EXHIBIT A PUD Legal Description - (LaMettry Collision) Parcel 1: That part of the Northeast Quarter of the Southwest Quarter, Section 11, Township 116, Range 22, lying South of the Southerly right-of-way of County Road No. 60 and Easterly of the Easterly right-of-way of U.S. Highway No. 494 as described in Document Nos. 3677302 and 3723053, Office of the County Recorder, Hennepin County Minnesota according to the Government Survey thereof. Parcel 2: That part of the Northeast Quarter of the Southwest Quarter, Section 11, Township 116, Range 22, described as follows: Commencing at the Northeast corner of said Northeast quarter of the Southwest Quarter, which corner is marked by a judicial landmark set pursuant to Torrens Case No. 16745; thence on an assumed bearing of South 00 degrees 31 minutes 25 seconds East. Along the East line of said Northeast Quarter of the Southwest Quarter, a distance of 457.36 feet to a point marked by a judicial landmark set pursuant to Torrens Case No. 16745 and the actual point of beginning of the land being described; thence North 00 degrees 31 minutes 25 seconds West, along said East line, a distance of 10.62 feet to the Southerly right-of-way line of Valley View Road (County Road No 39); thence Westerly, along said Southerly right-of-way line, on a non-tangential curve concave to the North having a radius of 1492.40 feet, a central angel of 20 degrees 11 minutes 27 seconds, and the chord of said curve bears South 88 degrees 18 minutes 36 seconds West, a distance of 525.92 feet to the Easterly right-of-way line of U.S. Highway No. 494; thence South 23 degrees 31 minutes 53 seconds East along said Easterly right-of-way line, a distance of 221.71 feet; thence South 53 degrees 44 minutes 00 seconds East along said Easterly right-of- way line, a distance of 313.15 feet; thence South 68 degrees 38 minutes 36 seconds East, along said Easterly right-of-way line, a distance of 200.06 feet to the point of intersection with the East line of said Northeast Quarter of the Southwest Quarter, which point is marked by a judicial landmark set pursuant to Torrens Case No. 16745; thence North 00 degrees 31 minutes 25 seconds West, along said East line, a distance of 476.82 feet to the point of beginning. Except that part of said land described in Certificate of Title No 860423. LAMETTRY COLLISION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.1-2008 -PUD-1-2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA ,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ,ORDAINS: Summary :This ordinance allows amendment of the zoning of land located at 11903 Valley View Road within the Commercial Regional Service Zoning District. Exhibit A, included with this Ordinance ,gives the full legal description of this property. Effective Date:This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta ,City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on 12008. (A full copy of the text of this Ordinance is available from City Clerk.) LAMETTRY COLLISION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR LAMETTRY COLLISION BY LAMETTRY PROPERTIES, LLC WHEREAS, Richard LaMettry, has applied for Site Plan approval of LaMettry Collision to construct a 5,120 square foot building addition, by an Ordinance approved by the City Council on October 16, 2007; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its September 24, 2007 meeting and recommended approval of said site plans; and WHEREAS , the City Council has reviewed said application at a public hearing at its October 16,2007 meeting. NOW, THEREFORE ,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to LaMettry Collision based on the Development Agreement between Lamettry Properties ,LLC and the City of Eden Prairie ,reviewed and approved by the City Council on January 8, 2008. ADOPTED by the City Council of the City of Eden Prairie this 8th day of January, 2008. Phil Young, Mayor ATTEST: Kathleen Porta ,City Clerk DEVELOPMENT AGREEMENT LAMETTRY COLLISION THIS DEVELOPMENT AGREEMENT ("Agreement ) is entered into as of January 8, 2008, by Lamettry Properties, LLC, a Minnesota limited liability company, hereinafter referred to as "Developer,"its successors and assigns ,and the CITY OF EDEN PRAIRIE ,a municipal corporation, hereinafter referred to as "City : WITNESSETH: WHEREAS, Developer has applied to City for, Planned Unit Development Concept Review on 3.2 acres, Planned Unit Development District Review with waivers on 3.2acres, Zoning District Amendment with in the Commercial Regional Services Zoning District on 3.2 acres, Site Plan Review on 3.2 acres, , legally described on Exhibit A (the "Property ); NOW, THEREFORE, in consideration of the City adopting Resolution No.for Planned Unit Development Concept Review, Ordinance No.for Planned Unit Development District Review and Zoning District Amendment within the Commercial Regional Service Zoning District on 3.2 acres, Resolution No.for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated September 24, 2007, reviewed and approved by the City Council on October 16, 2007, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2.EXHIBIT C: Developer agrees to the terms, covenants ,agreements, and conditions set forth in Exhibit C. 3.DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing ,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4.DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims ,demands ,lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release ,defend and indemnify because of any inspection, review or approval by City. 5.EXTERIOR MATERIALS :Prior to building permit issuance ,Developer shall submit to the City Planner ,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6.GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A.FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. B.STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins, retention basins or Stormwater Infiltration Systems (such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss and channelization of flow are not occurring, and thereafter by the Owner of the Property. A Planting Plan for the Stormwater Facilities must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled "State of Minnesota Storm water manual dated November 2005, the approved final grading plan and the requirements listed herein. All Stormwater Infiltration Systems shall be delineated with erosion control fencing prior to construction. The Stormwater Infiltration Systems shall be installed using low-impact earth moving equipment. No equipment, vehicles, supplies or other materials shall be allowed in the areas designated for stormwater infiltration during construction. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of Developer maintenance, the Owner of the Property shall be responsible for maintenance of the Stormwater Facilities. This shall include debris and litter removal, removal of noxious and invasive plants, removal of dead and diseased plants, re-mulching of void areas, replanting or reseeding areas where dead or diseased plants were removed and removal of sediment build-up. Sediment build-up in Stormwater Infiltration Systems shall be removed by hand. C.STORMWATER POLLUTION PREVENTION PLAN (SWPPP ):Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project.Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 7.IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 8.LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 16 caliper inches.The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 9.MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 10.OUTSIDE STORAGE: Developer shall not permit on the Property any outside storage of inoperable automobiles, automobile parts, equipment, inventory or refuse. 11.PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines. 12.SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 13.SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property.All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height.Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 14.TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. 15.TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of the outside trash enclosure for the Property.This trash enclosure shall be constructed with face brick to match the building, include a roof, and heavy duty steel gates that completely screen the interior of the enclosure.Developer shall complete implementation of the trash enclosure plan prior to issuance of any occupancy permit for the Property. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE By By Richard A. Lamettry Phil Young Its Its Mayor Scott H. Neal Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 8th day of January 2008, by Phil Young and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2008, by , the ,of Lamettry Properties, LLC, a Minnesota limited liability company, on behalf of the Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT -LAMETTRY COLLISION Legal Description: Parcel 1: That part of the Northeast Quarter of the Southwest Quarter, Section 11, Township 116, Range 22, lying South of the Southerly right-of-way of County Road No. 60 and Easterly of the Easterly right- of-way of U. S. Highway No. 494 as described in Document Nos. 3677302 and 3723053, Office of the County Recorder, Hennepin County Minnesota according to the Government Survey thereof. Parcel 2: That part of the Northeast Quarter of the Southwest Quarter, Section 11, Township 116, Range 22, described as follows: Commencing at the Northeast corner of said Northeast quarter of the Southwest Quarter, which corner is marked by a judicial landmark set pursuant to Torrens Case No. 16745; thence on an assumed bearing of South 00 degrees 31 minutes 25 seconds East. Along the East line of said Northeast Quarter of the Southwest Quarter, a distance of 457.36 feet to a point marked by a judicial landmark set pursuant to Torrens Case No. 16745 and the actual point of beginning of the land being described; thence North 00 degrees 31 minutes 25 seconds West, along said East line, a distance of 10.62 feet to the Southerly right-of-way line of Valley View Road (County Road No 39); thence Westerly, along said Southerly right-of-way line, on a non-tangential curve concave to the North having a radius of 1492.40 feet, a central angel of 20 degrees 11 minutes 27 seconds, and the chord of said curve bears South 88 degrees 18 minutes 36 seconds West, a distance of 525.92 feet to the Easterly right-of-way line of U. S. Highway No. 494; thence South 23 degrees 31 minutes 53 seconds East along said Easterly right-of-way line, a distance of 221.71 feet; thence South 53 degrees 44 minutes 00 seconds East along said Easterly right-of-way line, a distance of 313.15 feet; thence South 68 degrees 38 minutes 36 seconds East, along said Easterly right-of-way line, a distance of 200.06 feet to the point of intersection with the East line of said Northeast Quarter of the Southwest Quarter, which point is marked by a judicial landmark set pursuant to Torrens Case No. 16745; thence North 00 degrees 31 minutes 25 seconds West, along said East line, a distance of 476.82 feet to the point of beginning. Except that part of said land described in Certificate of Title No 860423. EXHIBIT B DEVELOPMENT AGREEMENT - LAMETTRY COLLISION Site ,Utility,Grading ,and Drainage Plan dated 9/10/07 by Hansen Thorp Pellinen Olsen, Inc. Exterior Elevations dated 7/19/07 by Smuckler Architecture Main Level Floor Plan dated 7/19/07 by Smuckler Architecture EXHIBIT C DEVELOPMENT AGREEMENT - LAMETTRY COLLISION I.Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours ,proposed streets ,and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II.Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III.If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer ,for itself, its successors ,and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. IV.Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. V.The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VI.Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A.That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances .Prior to final plat approval ,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B.That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C.That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D.That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss ,costs ,damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VII.Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property.Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. VIII.Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. IX.Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval.Developer shall follow all the recommendations of the Fire Marshal. X.Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special ,unique ,and of an extraordinary character, and that ,in the event that Developer violates, or fails, or refuses to perform any covenant, condition ,or provision made herein ,City may be without an adequate remedy at law. Developer agrees ,therefore ,that in the event Developer violates, fails ,or refuses to perform any covenant ,condition ,or provision made herein ,City may,at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City.No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XI.Developer shall, prior to the commencement of any improvements, provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XII.Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIII.Prior to building permit issuance ,except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XIV.Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names ,lot arrangements and property lines. XV.The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVI.No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVII.Prior to issuance of the first building permit for the Property ,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 %2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary ,City of Eden Prairie , will be affixed to the top of the post. XVIII.Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and / or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XIX.The City is hereby granted the option ,but not the obligation ,to complete or cause completion in whole or part of all of the Developer 's obligations under this Agreement for which a bond ,letter of credit ,cash deposit or other security (hereinafter referred to as the "Security )is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XX.The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXI.This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person ,including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda January 8, 2008 DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.C. Community Development/Planning Fountain Place Retail - Release ofJanet Jeremiah Development Agreement andScott A. Kipp Conservation/Scenic Easement Requested Action Move to: •Adopt the Resolution Releasing the Fountain Place Retail Development Agreement and Conservation/Scenic Easement between NAP Fountain Place ,LLC and the City of Eden Prairie as it relates to Lot 2 ,Block 1 ,Fountain Place. Synopsis Lot 2, Block 1, Fountain Place is one of three lots that make up the final plat for the Fountain Place Retail development project approved by the City Council in 2004. This lot was made part of the final plat to accommodate a land exchange to complete the lot that the Fountain Place development is located and not intended to be subject to the requirements of the Fountain Place Retail Development Agreement. Adoption of the Resolution will allow the encumbrances to be removed from the Lot 2, Block 1, Fountain Place. Lot 2, Block 1, Fountain Place is currently part of the Presbyterian Homes project approved by the City Council on November 13, 2007 and will be subject to a new Development Agreement currently being prepared for City Council approval later this month. Attachments 1.Resolution Releasing the Development Agreement and Conservation/Scenic Easement 2.Letter to Kristy Warnen from Andrew Jacobson dated November 8, 2007 3.Recordable Document on Release of Development Agreement and Easement FOUNTAIN PLACE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- A RESOLUTION APPROVING THE RELEASE OF DEVELOPMENT AGREEMENT AND EASEMENT ON LOT 2, BLOCK 1, FOUNTAIN PLACE WHEREAS, the City of Eden Prairie, a Minnesota municipal corporation (the "City ) is the beneficiary of that certain Development Agreement, dated July 20, 2004 by and between NAP Fountain Place, LLC, an Ohio limited liability company ("NAP) and the City, and recorded in the Officer of the County Recorder for Hennepin County, Minnesota on August 26, 2004, as Document No. 8425847 and filed in the Office of the Registrar of Titles for Hennepin County,Minnesota on August 30, 2004 as Document No 4010172 (the "Development Agreement ); and WHEREAS, the City is the beneficiary of that certain Conservation/Scenic Easement, by and between NAP and the City dated December 28, 2004 and recorded in the Office of the Registrar of Titles for Hennepin County, Minnesota on January 6, 2005, as Document No. 4062377 (the "Easement ); and WHEREAS, the Development Agreement and the Easement were not intended to encumber the real property described on Exhibit A attached hereto (the "Real Property ). NOW THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1.That the Development Agreement is hereby released as it relates to the Real Property and further releases the Real Property from the burdens imposed by the Easement. 2.This Release of Development Agreement and Easement shall be recorded in the Office of the County Recorder for Hennepin County, Minnesota and filed in the Office of the Registrar of Titles for Hennepin County, Minnesota. ADOPTED by the City Council of the City of Eden Prairie this 8th day of January, 2008. ATTEST: Phil Young, Mayor Kathleen Porta ,City Clerk EXHIBIT A Legal Description Lot 2,Block 1 ,Fountain Place ,according to the recorded plat thereof,Hennepin County, Minnesota. (Abstract Property and Torrens Property, Certificates of Title Nos. 1148193 and 1148193.5) MASL N I,ASL.RN runI AIAU RORNAR i RRAUU. ILP P 612.672.8200 3300 WELLS FARGO CENTER F 612.672.8397 9o SOUTH SEVENTH STREET MINNEAPOLIS, MINNESOTA wwaw.rriaslon.com 55402.4140 8 November 2007 2006-2034 Via E-Mail Kristy Warnen GREOERSON ,Rosow, JOHNSON & NILAN, LTD. 650 Third Ave. South ,Suite 1600 Minneapolis ,MN 55402 Dear Kristy: Re: Title Issues Andrew N. Jacobson Direct Phone :612-672-8333 Direct Fax: 612-642-8333 Andy.Jacobson a maslon.can As you know, Maslon represents 605 Prairie Center Drive, LLC. The LLC and two individuals -- Carolyn and Jack Lehtinen -- (collectively "605 PCD"), own certain property located at the intersection of Prairie Center Drive and Flying Cloud Drive in Eden Prairie, known as Lot 2, Block 1, Fountain Place (the "605 PCD Property").605 PCD has entered into an agreement with Presbyterian Homes Housing and Assisted Living ("PHHAL"), through which 605 PCD will exchange the 605 PCD Property for a portion of the property that PHHAL is acquiring from the City of Eden Prairie at the intersection of Columbine Drive and Prairie Center Drive. In connection with PHHAL's title review for the 605 PCD Property, PHHAL has objected to certain exceptions to title, including the following items (collectively, the "NAP Agreements"): Development Agreement ,dated July 20, 2004 and recorded August 26 ,2004, as Document No. 4010172 by and between NAP Fountain Place,LLC and the City of Eden Prairie; and Conservation / Scenic Easement, dated December 28, 2004, recorded January 6, 2005 as Document No. 4062377 by and between NAP Fountain Place, LLC and the City of Eden Prairie. For your convenience, I have attached copies of the NAP Agreements. The NAP Agreements were entered into between North American Properties ("NAP") and the City of Eden Prairie, as part of the entitlement procedure for NAP's Fountain Place project located on Block 1, Lot 1, Fountain Place, adjacent to 605 PCD Property. Prior to NAP's subdivision and development of the Fountain Place project, the property line separating the NAP property and the 605 PCD Property ran at about a 45% angle off of Flying Cloud Drive. As this configuration created difficult to use areas on both the NAP property and the 605 PCD Property, the parties entered into an in the summer of 2004, whereby NAP and 605 PCD agreed to adjust the lot line between their respective properties so that it would run perpendicular to Flying Cloud Drive. For your convenience, I have attached several sketches illustrating the lot line adjustment issue.Similarly, the plat that created Lot 1, Block I and Lot 2, Block I of Fountain Place reflect the adjusted lot line.This adjustment required each party to quitclaim to the other small November 8, 2007 Page 2 triangular portions of land. It appears that when NAP's counsel prepared several of the operative documents for the Fountain Place development,including the NAP Agreements, that NAP's counsel used the old metes and bounds property description for the NAP property,rather than the lot and block description .The old metes and bounds description included the small triangle of land that 605 PCD acquired from NAP in the lot line adjustment and omited the triangle of land acquired by NAP from 605 PCD. As NAP's counsel used the wrong description for the NAP property in the NAP Agreements , the NAP Agreements appear as encumbrances against the 605 PCD Property. As the beneficiary under both of these agreements ,605 PCD and PHI-IAL would request that the City of Eden Prairie acknowledge that the NAP Agreements do not apply to not encumber the 605 PCD Property and agree to execute any reasonable document required by the Registrar of Titles or First American Title Company to remove the NAP Agreements as encumbrances against the 605 PCD Property. Thank you in advance for your assistance on this matter. I look forward to working with you on this transaction. Please call or e-mail should you have any questions. Sincerely, e ANJ/sh/545594.4 Andrev/N.Jacobson Attachments cc:J.Severance ,Esq. (w/o attachments) G. Larry Mikan (w/o attachments) Peter Boosalis (w/o attachments) (RESERVED FOR RECORDING INFORMATION) RELEASE OF DEVELOPMENT AGREEMENT AND EASEMENT WHEREAS, the City of Eden Prairie, a Minnesota municipal corporation (the "City ) is the beneficiary of that certain Development Agreement ,dated July 20, 2004 by and between NAP Fountain Place ,LLC, an Ohio limited liability company ("NAP ) and the City,and recorded in the Officer of the County Recorder for Hennepin County,Minnesota on August 26, 2004 ,as Document No. 8425847 and filed in the Office of the Registrar of Titles for Hennepin County,Minnesota on August 30, 2004 as Document No 4010172 (the "Development Agreement ); WHEREAS, the City is the beneficiary of that certain Conservation /Scenic Easement, by and between NAP and the City dated December 28, 2004 and recorded in the Office of the Registrar of Titles for Hennepin County ,Minnesota on January 6, 2005 ,as Document No. 4062377 (the "Easement ); WHEREAS, the Development Agreement and the Easement were not intended to encumber the real property described on Exhibit A attached hereto (the "Real Property ). Now, THEREFORE ,in consideration of the foregoing: 1.The undersigned ,hereby releases the Development Agreement as it relates to the Real Property and further releases the Real Property from the burdens imposed by the Easement. 2.This Release of Development Agreement and Easement shall be recorded in the Office of the County Recorder for Hennepin County,Minnesota and filed in the Office of the Registrar of Titles for Hennepin County,Minnesota. This Release of Development Agreement and Easement is executed by the City ,as set forth below: Dated: January ,2008 CITY OF EDEN PRAIRIE By: Name: Phil Young Its:Mayor By: Name: Scott Neal Its:City Manager STATE OF MINNESOTA COUNTY OF HENNEPIN ss. The foregoing instrument was acknowledged before me this day of January, 2008, by PHIL YOUNG, the Mayor of the City of Eden Prairie, a municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN ss. The foregoing instrument was acknowledged before me this day of January, 2008, by SCOTT H. NEAL, the City Manager of the City of Eden Prairie, a municipal corporation, on behalf of the municipal corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Gregerson ,Rosow , Johnson & Nilan, LTD. Attorney at Law 650 Third Ave. South Suite 1600 Minneapolis ,MN 55402 612-436-7487 563099.1 2 Exhibit A Legal Description Lot 2,Block 1, Fountain Place ,according to the recorded plat thereof,Hennepin County, Minnesota. (Abstract Property and Torrens Property, Certificates of Title Nos. 1148193 and 1148193.5) CITY COUNCIL AGENDA DATE: SECTION:Consent January 8, 2008 DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO. VIII.D. Community Development:Third Amendment - 7 day extension to Janet Jeremiah/David Lindahl Purchase Agreement - Lot 1 Block 1 and Outlot C - Columbine Addition (Presbyterian Homes). Requested Action: Move to: n Authorize the Mayor and City Manager to execute a third 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: Per the terms of the second amendment to the Purchase Agreement the sale of this property was required to close no later than January 18, 2008. Final approval of the development agreement for the project has been delayed until the January 22, 2008, Council meeting - due primarily to delays in obtaining approvals from the Metropolitan Council for a Comprehensive Plan amendment for the overall project. Since receiving second reading approval by the City Council is a key contingency for the buyer, the closing needs to be extended by a week. 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. The parcel will be included in the proposed redevelopment plans by Presbyterian Homes - which includes 707 housing units and 70,000 square feet of retail and restaurant uses to be constructed in three phases between 2008 and 2012. Attachment: Third Amendment THIRD AMENDMENT TO PURCHASE AGREEMENT This Third Amendment to Purchase Agreement is entered into this 3rd day of January, 2008 (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 entered into a Purchase Agreement in January, 2007, First Amendment to Purchase Agreement dated May 15, 2007 and Second Amendment to Purchase Agreement in September, 2007 (hereinafter collectively the "Purchase Agreement ) for the sale of real 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 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: 1.The Closing Date shall be no later than January 25, 2008. 2.If the Closing does not occur on or before January 25, 2008 due to issues related to scheduling closing with Title, the Closing Date may be extended to the next possible date Title is available. 3.If the Closing does not occur on or before January 25, 2008 by fault of Buyer, $50,000.00 of the Earnest Money including half of the accrued interest shall become non-refundable as consideration for the delayed Closing. The remaining $50,000.00 and accrued interest shall be applied to the Purchase Price upon Closing. 4.Except as amended hereby the Purchase Agreement shall remain in full force and effect. IN AGREEMENT,the Seller and Buyer have executed this Third Amendment to Purchase Agreement as of the date written above. [SIGNATURES ON FOLLOWING PAGE] CARCCab%PL%TempWttwh 1 - Presbytenan Homes 3rd Amendment (AmentlmenUAw 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 ) COUNTY OF HENNEPIN ) ss. This instrument was acknowledged before me on ,2008 ,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 ,2008, by Mark T. Meyer as Chief Financial Officer of Presbyterian Homes Housing and Assisted Living, Inc., a Minnesota non-profit corporation. Notary Public P:\Home\1610.492\THIRD AMENDMENT TO PURCHASE AGREEMENT 2008 01 03.doc CARCCab%PL%TempWttwh 1 - Presbytenan Homes 3rd Amendment (AmentlmenUAw CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 8, 2008 DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.E. Sue Kotchevar, Office of the A Resolution Authorizing City Officials to City Manager/Finance Transact Banking Business Requested Action Move to:Adopt the resolution authorizing the persons holding the office as Mayor, Manager and Treasurer or Deputy Treasurer to act for the City of Eden Prairie in the transaction of any banking business with the official depositories. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS BE IT RESOLVED, that the persons holding office as Mayor, Manager, and Treasurer of the City of Eden Prairie, be and they hereby are, authorized to act for the City in the transaction of any banking business with the official depositories (hereinafter referred to as the banks). Such written notice to the bank to the contrary, to sign checks against said account, which checks will be signed by the Mayor, Manager and City Treasurer or Deputy Treasurer. The bank is hereby authorized and directed to honor and pay any check against such account which is signed as above described, whether or not said check is payable to the order of, or deposited to the credit of, any officer or officers of the City including the signer or signers of the check. BE IT FURTHER RESOLVED, that the Acting Mayor be authorized to sign checks as an alternate for the Mayor and the Deputy Treasurer be authorized to sign checks as an alternate for the Treasurer. ADOPTED by the City Council of the City of Eden Prairie this 8th day of January, 2008. Phil Young, Mayor ATTEST: Kathleen Porta ,City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 8, 2008 DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.F. Sue Kotchevar, Office of the A Resolution Designating Depository City Manager/Finance Requested Action Move to:Adopt the resolution designating US Bank of Eden Prairie as the official depository for the public funds of the City of Eden Prairie. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- A RESOLUTION DESIGNATING DEPOSITORY BE IT RESOLVED , that US Bank of Eden Prairie of Minnesota ,authorized to do banking business in Minnesota ,be and hereby designated as the Official Depository for the Public Funds of the City of Eden Prairie, County of Hennepin ,Minnesota .The City Treasurer shall maintain adequate collateral for funds in the depository. 2008. ADOPTED by the City Council of the City of Eden Prairie on the 8th day of January, Phil Young, Mayor ATTEST: Kathleen Porta ,City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 8, 2008 DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.G. Sue Kotchevar, Office of the A Resolution Authorizing use of Facsimile City Manager/Finance Signatures by Public Officials Requested Action Move to:Adopt the resolution authorizing the use of facsimile signatures of the Mayor, the City Manager and the Treasurer on checks, drafts, warrants, vouchers or other orders on public funds deposited. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- A RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS BE IT RESOLVED , that the use of facsimile signatures by the following persons: Phil Young, Mayor Scott H. Neal, City Manager Susan Kotchevar, Treasurer on checks, drafts, warrants, vouchers or other orders on public funds deposited hereby is approved and that each of said named persons may authorize the depository bank to honor any such instrument bearing her/his facsimile signature in such form as she/he may designate and to charge the same to the account in said depository bank upon which drawn, as fully as though it bore her/his manually written signature and that instruments so honored shall be wholly operative and binding in favor of said depository bank although such facsimile signature shall be affixed without her/his authority. ADOPTED by the City Council of the City of Eden Prairie on this 8th day of January, 2008. Phil Young, Mayor ATTEST: Kathleen Porta ,City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 8, 2008 DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: VIII.H. Sue Kotchevar, Office of the A Resolution Authorizing the Treasurer or Deputy City Manager/Finance Treasurer to Invest City of Eden Prairie Funds Requested Action Move to:Adopt the resolution authorizing the City Treasurer or Deputy Treasurer to invest City of Eden Prairie funds. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of Hennepin, that the City Treasurer or Deputy Treasurer is authorized to invest City of Eden Prairie funds with any bank, or other financial institution authorized to do business in the State of Minnesota in Certificates of Deposit, U.S. Government Notes and Bills, obligations of the State of Minnesota or any of its subdivisions, Federal Government Agency Bonds and Notes, Saving Accounts and Repurchase Agreements and any other security authorized by law. The City Treasurer shall maintain adequate collateral for funds deposited. ADOPTED by the City Council of the City of Eden Prairie on this 8th day of January, 2008. Phil Young, Mayor ATTEST: Kathleen Porta ,City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 8, 2008 DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: VIII.I. Sue Kotchevar, Office of the A Resolution Authorizing the Treasurer or Deputy City Manager/Finance Treasurer to Make Electronic Fund Transfers for the City of Eden Prairie Requested Action Move to:Adopt the resolution authorizing the City Treasurer or Deputy Treasurer to make electronic fund transfers for the City of Eden Prairie. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR THE CITY OF EDEN PRAIRIE BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of Hennepin, that the City Treasurer or Deputy Treasurer is authorized to make electronic fund transfers with any bank, or other financial institution authorized to do business in the State of Minnesota, for investments of excess cash, payment of bond principal, bond interest and a fiscal agent services charges, monthly sales tax, state payroll withholdings and other banking transactions deemed appropriate by the Treasurer or Deputy Treasurer. 2008. ADOPTED by the City Council of the City of Eden Prairie on this 8nd day of January, Phil Young, Mayor ATTEST: Kathleen Porta ,City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 8, 2008 DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: VIII.J. Sue Kotchevar, Office of the Adopt A Resolution Authorizing Payment of City Manager/Finance Certain Claims by the Finance Department Without Prior Council Approval Requested Action Move to:Adopt a resolution authorizing payment of certain claims by the Finance Department without prior Council approval. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL BE IT RESOLVED, that the following types of claims may be paid by the City Manager, Treasurer, or Deputy Treasurer, without prior approval by the City Council. Contracted items (utilities, rent, land, school, conference and related travel expenses, easements, construction, etc.) Payroll Liabilities Postage Petty Cash Licenses and Fees Tickets paid by registration fees Employee expenses Refunds Programmed Professional Performances Invoices which offer discounts or have interest added Payments to vendors not allowing charge accounts Motor vehicle registrations Insurance Amounts due to other government agencies Liquor store inventory items Police "buy" money Payments to comply with agreements, purchases, or which provide invoices which contain a fixed time for payment 2008. ADOPTED by the City Council of the City of Eden Prairie on this 8th day of January, Phil Young, Mayor ATTEST: Kathleen Porta ,City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 8, 2008 DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.K. Resolution Designating the Official Office of City Manager Meeting Dates, Time and Location for Board and Commission Meetings in 2008 Requested Action Move to:Approve Resolution designating the official meeting dates, time and location for City Council appointed Boards and Commissions during 2008. Synopsis The schedule of regular meetings for the City's Boards and Commissions is established by the City Council on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND LOCATION FOR CITY COUNCIL APPOINTED BOARDS & COMMISSIONS IN 2008 BE IT RESOLVED, that the City Council of the City of Eden Prairie, Minnesota and the City Council appointed Boards and Commissions will meet at 7:00 p.m. in the Eden Prairie City Center, 8080 Mitchell Road, Eden Prairie, Minnesota as scheduled below. The Human Rights and Diversity Commission will meet at the EP Center Mall, Housing and Human Services Office. Additional workshops may be called if determined necessary by the Commission Chair and the Staff Liaison. Any regularly-scheduled meeting which occurs on a day when elections are held within the city limits of Eden Prairie will begin at 8:00 p.m. Robert's Rules of Order will prevail. Board /Commission Scheduled Meeting Dates Board of Appeal and Equalization Thursday, April 10, and Tuesday, April 29 Arts & Culture Commission 2nd Monday (3rd Monday of September) Conservation Commission 2nd Tuesday (3rd Tuesday of November) Flying Cloud Airport Advisory Commission 2d Thursday of odd months Heritage Preservation Commission 3rd Monday (January & February - 4th Monday) Human Rights & Diversity Commission 2d Thursday (no meeting in July or August) Parks, Recreation & Natural Resources Commission 1st Monday (2d Monday of September) Planning Commission 2nd and 4th Mondays (No meeting the 4th Monday of May) ADOPTED by the Eden Prairie City Council this 8th day of January 2008. Phil Young, Mayor ATTEST: Kathleen Porta ,City Clerk CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims January 8, 2008 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 170223 -170832 Wire Transfers 2891 - 2901 City of Eden Prairie Council Check Summary 1/8/2008 Division Amount Division Amount General 70,069 701 Water Fund 180,297 100 City Manager 5,768 702 Sewer Fund 271,114 101 Legislative 113 703 Storm Drainage Fund 35,373 102 Legal Counsel 45,987 801 Perpetual Care Cemetary 40 104 Contingency 7,971 802 494 Commuter Services 7,543 110 City Clerk 830 803 Escrow Fund 3,660 111 Customer Service 10,686 806 SAC Agency Fund 83,750 112 Human Resources 64 807 Benefits Fund 479,261 113 Communication Services 16,059 810 Workers Comp Insurance 250 114 Benefits & Training 1,078 811 Property Insurance 2,774 116 Facilities 36,481 117 City Center 135,384 Report Totals 6,656,193 119 Cmty Center - Facilities 68,548 130 Assessing 1,571 131 Finance 1,748 132 Housing and Community Services 8,821 135 Information Technology 1,518 136 Public Safety Communications 5,733 137 Economic Development 168 138 Community Development Admin.11 150 Park Administration 35 151 Park Maintenance 74,537 153 Organized Athletics 7,402 154 Community Center 4,966 156 Youth Programs 316 157 Special Events 51 158 Adult Recreation 660 159 Recreation Administration 10,275 160 Therapeutic Recreation 10,193 161 Oak Point Pool 5,255 162 Arts 1,121 163 Outdoor Center 958 164 Park Rental Facilities 156 180 Police 22,527 183 Emergency Preparedness 577 184 Fire 8,353 186 Inspections 1,548 200 Engineering 975 201 Street Maintenance 12,309 202 Street Lighting 1,316 203 Fleet Services 77,044 204 Equipment Revolving 13,123 301 CDBG 29,194 303 Cemetary Operation 411 304 Senior Board 106 308 E-911 1,522 309 DWI Forfeiture 37 315 Economic Development 1,006,551 502 Park Development 25,826 503 Utility Improvement 3,942 509 CIP Fund 813,104 515 Fire Station #4 2,093 516 ADC PROJECT 40,495 519 Community Center Referendum 1,440,517 520 Parks Referendum 498,141 523 3rd Sheet of Ice 431,775 601 Prairie Village Liquor 169,731 602 Den Road Liquor 306,640 603 Prairie View Liquor 148,719 605 Den Road Building 1,023 City of Eden Prairie Council Check Register 1/8/2008 Check #Amount Vendor /Explanation Account Description Business Unit 2891 30 ,727 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2892 157,834 WELLS FARGO MINNESOTA N A SS & Medicare Health and Benefits 2893 12,485 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2894 15 ,203 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2895 101 ,170 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2896 145 US BANK TRUST HRA Health and Benefits 2897 95 US BANK TRUST HRA Health and Benefits 2898 338 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 2899 88 ,174 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 2900 162 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 2901 1,489 AMERICA'S VEBA SOLUTION Other Contracted Services Finance 170223 2,024 RAYMOND AUTO BODY INC Insurance Property Insurance 170225 320 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 170226 700 ACTIVE NETWORK INC, THE Operating Supplies Community Center Admin 170227 36 AHAMED, FAWAAZ Lessons & Classes Fitness Classes 170228 361 AMERIPRIDE LINEN & APPAREL SER Office Supplies Prairie Village Liquor Store 170229 300 ANOKA COUNTY SHERIFF'S DEPT Deposits Escrow 170230 40,800 AQUA ENGINEERING INC Grounds Maintenance Utility Operations -General 170231 3,651 ASSOCIATED WELL DRILLERS INC Improvement Contracts Park Acquisition &Development 170232 279 AZTEC BP Equipment Repair & Maint Fire 170233 15 BALDUS, ERIC AR Utility Water Enterprise Fund 170234 1,911 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 170235 4,048 BECKER ARENA PRODUCTS INC Supplies - General Bldg Pool Maintenance 170236 3,561 BELLBOY CORPORATION Wine Imported Den Road Liquor Store 170237 38 BERRY COFFEE COMPANY Operating Supplies Senior Board 170240 2,246 BIFFS INC Waste Disposal Park Maintenance 170241 241 BOYER TRUCKS Equipment Parts Fleet Services 170242 3,629 BRAUN INTERTEC CORPORATION Improvements to Land Parks Referendum 170243 107 BROWNING, RYAN Operating Supplies Telephone 170244 1,232 CEMSTONE PRODUCTS COMPANY Building Materials Park Maintenance 170245 10 CENTRAIRE INC Cash Over/Short General Fund 170246 245 CHROMALOX INC Equipment Repair & Maint Water Wells 170247 1,233 CLAREYS INC Safety Supplies Utility Operations -General 170248 161 COLE PAPERS INC Safety Supplies Utility Operations -General 170249 50 COMCAST Dues &Subscriptions City Council 170250 1,259 CORPORATE EXPRESS Office Supplies General 170251 163 CSI FORENSIC SUPPLY Operating Supplies Police 170252 422 CUB FOODS EDEN PRAIRIE Miscellaneous Police 170253 10,075 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 170254 6,145 DAY DISTRIBUTING Beer Den Road Liquor Store 170255 20 DEALER AUTOMOTIVE SERVICES INC Equipment Parts Fleet Services 170256 300 DECORATIVE DESIGNS INC Grounds Maintenance Utility Operations -General 170257 1,159 DIESEL COMPONENTS, INC.Equipment Parts Fleet Services 170258 8 ,520 DIGITAL ENTERTAINMENT INC Other Assets Capital Impr . /Maint. Fund 170259 4,026 DIVERSE BUILDING MAINTENANCE Janitor Service Community Center Maintenance 170260 141,130 DOMINIUM TIF Payment Project Fund 170261 26,593 DORAN CONSTRUCTION INC Contract Svcs - General Bldg Police City Center 170262 115 DUDA PLUMBING SERVICE INC Other Contracted Services Water System Maintenance 170263 3,530 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 170264 419 EARL F ANDERSEN INC Signs Traffic Signs 170265 110 ELIASON, STEVE J Other Contracted Services Basketball 170266 97 ELVIN SAFETY LLC Operating Supplies Street Maintenance 170267 277 EMI Repair & Maint -Ice Rink Ice Arena Maintenance 170268 161 EMMONS & OLIVIER RESOURCES INC Other Contracted Services Storm Drainage 170269 480 ENTERTAINMENT PUBLICATIONS INC Deposits Escrow 170270 1,866 ENVIRONMENTAL PROCESS INC Legal Utility Operations -General 170271 313 ETICA FAIR TRADE Wine Imported Den Road Liquor Store 170272 218 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 170273 120 FADDEN, TIMOTHY Prepaid Expenses General Fund 170274 20 FEDEX Postage General 170275 391 FERRELLGAS Gas Riley Lake Check #Amount Vendor /Explanation Account Description Business Unit 170276 62 FIELDSTONE VINEYARDS Wine Domestic Den Road Liquor Store 170277 6,030 FINLEY BROS INC Improvements to Land Parks Referendum 170278 44 FORDAHL, TAMARA Other Contracted Services Volleyball 170279 182 FORESTRY SUPPLIERS INC.Small Tools Park Maintenance 170280 383 FSH COMMUNICATIONS LLC Telephone Miller Park 170281 537 G & K SERVICES Clothing & Uniforms Fleet Services 170282 1,595 G & K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations - General 170283 96 GARDEN ROOM FRATELLI'S GARDEN Training Supplies Organizational Services 170284 447 GE CAPITAL Other Rentals General 170285 368 ,944 GENERAL GROWTH PROPERTIES INC TIF Payment Project Fund 170286 121 GNAZZO, JOHN AR Utility Water Enterprise Fund 170287 87 GR MECHANICAL INC Cash Over/Short General Fund 170288 69 GRAINGER Supplies - Electrical Community Center Maintenance 170289 1,750 GRAPE BEGINNINGS Wine Imported Prairie View Liquor Store 170290 665 GRAYBAR Equipment Repair & Maint Traffic Signals 170291 1,681 GREENSIDE INC Contract Svcs - Lawn Maint.City Hall - CAM 170292 14,819 GRIGGS COOPER & CO Wine Domestic Den Road Liquor Store 170293 168 GUSTAD, MARK Operating Supplies Police 170294 506 HAMMERS, SARAH Other Contracted Services Volleyball 170295 9,607 HANSEN THORP PELLINEN OLSON Other Contracted Services Storm Drainage 170296 23,521 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 170297 459 HAWK LABELING SYSTEMS Office Supplies Community Center Admin 170298 2,916 HAWKINS INC Treatment Chemicals Water Treatment Plant 170299 92 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 170300 4 ,215 HENNEPIN COUNTY TREASURER Board of Prisoner Police 170301 40 HICKMAN, JON Instructor Service Outdoor Center 170302 818 HILBERT, JUDY Other Contracted Services Rehab 170303 440 HOLMES, JOHN CARTER Other Contracted Services Basketball 170304 462 HOLMES, TOM Other Contracted Services Volleyball 170305 344 HORNADY MFG Training Supplies Police 170306 10 ,088 HOUSE OF PRINT Printing Community Brochure 170307 960 HYDRO-VAC INC Other Contracted Services Storm Drainage 170308 2,552 ICERINK SUPPLY CO Contract Svcs - Ice Rink Ice Arena Maintenance 170309 168 ,206 IMPERIAL DEVELOPERS Improvement Contracts Parks Referendum 170310 455 INDUSTRIAL LIGHTING SUPPLY INC Operating Supplies Utility Operations - General 170311 1,391 INNOVATIVE OFFICE SOLUTIONS Capital Under $10,000 Furniture 170312 8,048 INTEREUM INC Capital Under $10,000 Furniture 170313 318 ITALWINE IMPORTS & DISTRIBUTOR Wine Imported Den Road Liquor Store 170314 623 J H LARSON COMPANY Supplies - Electrical Community Center Maintenance 170315 25 JAEKEL, BERND Memberships Community Center Admin 170316 20,450 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store 170317 550 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 170318 23,698 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 170319 793 JOHNSON CONTROLS Building Repair &Maint.Water Treatment Plant 170320 402 K & H OUTDOORS, INC Other Contracted Services Pleasant Hill Cemetary 170321 264 KEEPERS Clothing & Uniforms Fire 170322 329 KENYON, RICK AR Utility Water Enterprise Fund 170323 758 KOTARS, GEORGE Other Contracted Services Rehab 170324 1,477 KRAEMER MINING & MATERIALS INC Gravel Water System Maintenance 170325 47 KRAEMERS HARDWARE INC Supplies - General Bldg Community Center Maintenance 170326 4 KRUSE, TINA Lessons &Classes Ice Arena 170327 1,558 LAKELAND ENGINEERING EQUIP CO Equipment Parts Water Treatment Plant 170328 43 LANDS END CORPORATE SALES Clothing & Uniforms Police 170329 750 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 170330 40 LEAGUE OF MINNESOTA CITIES Miscellaneous City Council 170331 500 LEROY JOB TRUCKING INC Other Contracted Services Police 170332 524 LICHLITER BROS PLUMBING Other Contracted Services Water System Maintenance 170333 482 MAACO Equipment Parts Fleet Services 170334 19,707 MARK VII Beer Den Road Liquor Store 170335 55 MCMULLEN, WILBUR AR Utility Water Enterprise Fund 170336 155 MEMA Prepaid Expenses General Fund 170337 59 MERLINS ACE HARDWARE Operating Supplies Traffic Signals 170338 4 ,732 METRO SALES INCORPORATED*Prepaid Expenses General Fund 170339 82,913 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 170340 254,815 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility -General Check #Amount Vendor /Explanation Account Description Business Unit 170341 60 METROPOLITAN FORD Equipment Parts Fleet Services 170342 146 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 170343 214 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 170344 8 ,334 MIDWEST DESIGN CO Other Contracted Services Communication Services 170345 1,391 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 170346 677 MINNESOTA ATHLETIC APPAREL Operating Supplies Fire 170347 391 MINNESOTA HUMAN SERVICES Other Contracted Services Park Maintenance 170348 440 MINNESOTA MULCH & SOIL Waste Disposal Tree Removal 170349 1,004 MINNESOTA PIPE AND EQUIPMENT*Repair & Maint .Supplies Water System Maintenance 170350 674 MINNESOTA PRINT MANAGEMENT LLC Equipment Parts Fleet Services 170351 61 MINNESOTA WANNER COMPANY Operating Supplies Street Maintenance 170352 1,263 NCT INC Conference Expense Information Technology 170353 177 NETA Prepaid Expenses General Fund 170354 124 NEW FRANCE WINE COMPANY Wine Imported Den Road Liquor Store 170355 1,397 NORTHERN SAFETY TECHNOLOGY INC Capital Under $10,000 Fleet Services 170356 266 NORTHERN WATER WORKS SUPPLY Other Contracted Services Water System Maintenance 170357 13 OLSEN COMPANIES Equipment Parts Water Storage 170358 15 PARRINGTON, BRENDA Lessons &Classes Fitness Classes 170359 14,919 PARROTT CONTRACTING INC Other Contracted Services Water System Maintenance 170360 4 ,091 PAUSTIS & SONS COMPANY Wine Imported Den Road Liquor Store 170361 345 PEPSI COLA COMPANY Merchandise for Resale Concessions 170362 10,932 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 170363 3 POLLINO, SUE Open Fees Ice Arena 170364 183 POMP'S TIRE SERVICE INC Equipment Parts Fleet Services 170365 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 170366 2,338 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Outdoor Center Facilities 170367 19 PRAIRIE LAWN AND GARDEN Grounds Maintenance Utility Operations -General 170368 51 ,996 PRAIRIE VILLAGE LMTD PARTNERSH TIF Payment Project Fund 170369 766 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 170370 457 QUALITY FLOW SYSTEMS INC Equipment Parts Sewer Liftstation 170371 467 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 170372 10,373 QUALITY WINE & SPIRITS CO Liquor Den Road Liquor Store 170373 10 QUICKSILVER EXPRESS COURIER Other Contracted Services Communication Services 170374 138,889 QUIRING TRUCKING & EXCAVATING Improvements to Land Parks Referendum 170375 1,139 QWEST COMMUNICATIONS Telephone Sewer Liftstation 170376 125 RAY, LEE Other Contracted Services Basketball 170377 13,399 REAL ESTATE EQUITIES MANAGEMEN TIF Payment Project Fund 170378 154 REED BUSINESS INFORMATION Design & Engineering Sewer Liftstation 170379 495 REYNOLDS, ROB Dues &Subscriptions Police 170380 182 RIGHTWAY GLASS INC Equipment Parts Fleet Services 170381 39 ,781 ROCHON CORP Building Parks Referendum 170382 26 RYLEE, DAVID AR Utility Water Enterprise Fund 170383 79 SCHWARTZ, THOMAS AR Utility Water Enterprise Fund 170384 302 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Den Road Liquor Store 170385 218,219 SILVERCREST PROPERTIES TIF Payment Project Fund 170386 327 SIMMONS ,CHRISTOPHER AR Utility Water Enterprise Fund 170387 21 SJF MATERIAL HANDLING INC Equipment Parts Sewer Utility -General 170388 1 ,300 SOUTHERN POLICE INSTITUTE Prepaid Expenses General Fund 170389 558 SPECIALTY WINES AND BEVERAGES Wine Imported Prairie Village Liquor Store 170390 36 SPS COMPANIES Operating Supplies Utility Operations -General 170391 150 SPX CORPORATION Equipment Parts Water Treatment Plant 170392 4,221 ST CROIX ENVIRONMENTAL INC Process Control Services Water Treatment Plant 170393 559 STAR TRIBUNE Prepaid Expenses General Fund 170394 81 STEINER, SHARON Special Event Fees Classes/Programs /Events 170395 2,500 STOREFRONT GROUP, THE Other Contracted Services Housing and Community Service 170396 182 STREICHERS Clothing & Uniforms Police 170397 92 SUBURBAN CHEVROLET Equipment Parts Fleet Services 170398 300 SUBURBAN WILDLIFE CONTROL INC Other Contracted Services Storm Drainage 170399 104 ,895 TE MILLER DEVELOPMENT LLC TIF Payment Project Fund 170400 98 ,183 TEALWOOD CARE CENTER TIF Payment Project Fund 170401 6 ,127 TESSMAN SEED CO Chemicals Park Maintenance 170402 23,157 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 170403 421 TOTAL REGISTER Operating Supplies Den Road Liquor Store 170404 227 TRI COUNTY BEVERAGE & SUPPLY Beer Prairie View Liquor Store 170405 46 TWIN CITY OXYGEN CO Repair & Maint .Supplies Sewer System Maintenance Check #Amount Vendor /Explanation Account Description Business Unit 170406 1 ,308 TWIN CITY SEED CO Landscape Materials/Supp Park Construction 170407 90 UNDHEIM, NAOMI Mileage & Parking Community Center Admin 170408 120 UNIVERSITY OF MINNESOTA Prepaid Expenses Water Enterprise Fund 170409 22 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 170410 13,028 VALLEY RICH CO INC Other Contracted Services Water System Maintenance 170411 1 VANBEUSEKOM, MARY Program Fee Outdoor Center 170412 100 VEITH, JAN Homeward Hills Bldg Park Facilities 170413 109 VERIZON WIRELESS Postage Storm Drainage 170414 4,560 VESSCO INC Equipment Parts Water Treatment Plant 170415 250 VINO SOURCE, THE Liquor Den Road Liquor Store 170416 365 VINOCOPIA Liquor Den Road Liquor Store 170417 14,841 VR BUILDERS Other Contracted Services Rehab 170418 614 VWR INTERNATIONAL INC Laboratory Chemicals Water Treatment Plant 170419 9,786 WEIS MANAGEMENT TIF Payment Project Fund 170420 2,995 WHEELER HARDWARE COMPANY Contract Svcs - Gen. Bldg City Center Operations 170421 154 WHITE, NICOLE Mileage & Parking Therapeutic Rec Administration 170422 176 WICHTERMAN'S LTD Equipment Parts Fleet Services 170423 609 WINE COMPANY, THE Wine Domestic Den Road Liquor Store 170424 2,513 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 170425 3,860 WM MUELLER AND SONS INC Sand Snow & Ice Control 170426 1,381 WORK CONNECTION, THE Other Contracted Services Park Maintenance 170427 253 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 170428 112 WORM, SANDY Landscape Materials/Supp Park Maintenance 170429 13,797 XCEL ENERGY Electric Round Lake 170430 20 YAHOO!Operating Supplies Police 170431 6,878 YALE MECHANICAL INC Equipment Repair & Maint Water Treatment Plant 170432 33 ZIEGLER INC Equipment Parts Sewer System Maintenance 170433 262 CEMSTONE PRODUCTS COMPANY Repair & Maint .Supplies Emergency Preparedness 170434 90 EDEN PRAIRIE WINLECTRIC Repair & Maint .Supplies Emergency Preparedness 170435 72 FRIENDSHIP VENTURES Miscellaneous Reserve 170436 174 GARELICK STEEL CO INC Repair & Maint .Supplies Emergency Preparedness 170437 52 GRAINGER Repair & Maint .Supplies Emergency Preparedness 170438 32 IDEARC MEDIA CORP (VERIZON DI Telephone Prairie Village Liquor Store 170439 220 JNR ADJUSTMENT COMPANY INC Other Contracted Services Park Maintenance 170440 126 KRESS, CARLA Mileage & Parking Senior Center Administration 170441 395 NEAL, SCOTT Dues &Subscriptions City Manager 170442 225 RELIAKOR SERVICES INC Improvement Contracts Capital Impr. /Maint. Fund 170443 351 SOUTHWEST SUBURBAN PUBLISHING-Advertising Prairie View Liquor Store 170444 24 THOMPSON, JAN & DON Program Fee Classes/Programs/Events 170445 1,070 UNIVERSITY OF MINNESOTA Prepaid Expenses General Fund 170446 614 US POSTMASTER - HOPKINS Prepaid Expenses General Fund 170447 6,505 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 170448 3,600 US POSTMASTER - HOPKINS Postage Communication Services 170449 1,499 US POSTMASTER - HOPKINS Postage Water Accounting 170450 5,507 THERA RISING INC Other Contracted Services Reserve 170451 546 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 170452 252 A TO Z RENTAL CENTER Supplies - General Bldg Fire Station #4 170453 150 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 170454 120 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 170455 190 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 170456 59 ADAMS PEST CONTROL INC Contract Svcs - Pest Control Den Bldg. - CAM 170457 10 AL'S COFFEE Merchandise for Resale Concessions 170458 6 ALEX AIR APPARATUS INC Safety Supplies Fire 170459 769 ALPHA VIDEO & AUDIO INC Other Contracted Services Communication Services 170460 1 ,057 AMERICAN PRESSURE INC Repair & Maint .Supplies Water Treatment Plant 170461 324 AMERIPRIDE LINEN & APPAREL SER Repair & Maint .Supplies Prairie Village Liquor Store 170462 4,059 ASPEN WASTE SYSTEMS INC.Waste Disposal City Hall - CAM 170463 1,540 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 170464 90 AT&T MOBILITY Pager & Cell Phone Water System Maintenance 170465 129 BATTERIES PLUS Operating Supplies Fire 170466 549 BEAL, KATIE Pager & Cell Phone Communication Services 170467 8,241 BELLBOY CORPORATION Liquor Den Road Liquor Store 170468 45 BLAKEMAN, RICHARD & TAMARA AR Utility Water Enterprise Fund 170469 135 BRO-TEX INC Operating Supplies Fleet Services 170470 420 BROWN, PAUL Other Contracted Services Touch Football Check #Amount Vendor /Explanation Account Description Business Unit 170471 388 BUCK, BRENT Other Contracted Services Basketball 170472 438 BUCK, JEFFERY Other Contracted Services Basketball 170473 638 BUCK, NATHAN Other Contracted Services Basketball 170474 90 BURKE, GABRIELLA Events/Admission Fee Ice Show 170475 8 BURNETT KARLA Events/Admission Fee Teen Programs 170476 55,490 CENTERPOINT ENERGY SERVICES IN Gas City Hall - CAM 170477 1,867 COLOR PRINTING Printing Police 170478 82 COMCAST Operating Supplies Fire 170479 393 CORPORATE EXPRESS Office Supplies General 170480 51 COSTCO Operating Supplies Fire 170481 583 COSTCO Employee Award Organizational Services 170482 205 CRACAUER, CLIFF Mileage & Parking Fleet Services 170483 176 CRUISERS Equipment Parts Fleet Services 170484 48 CULLIGAN BOTTLED WATER Operating Supplies Fire 170485 4,744 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 170486 96 DART PORTABLE STORAGE INC Other Contracted Services Reserve 170487 9,240 DAY DISTRIBUTING Beer Den Road Liquor Store 170488 212 DELEGARD TOOL CO Equipment Repair & Maint Park Maintenance 170489 704 DOHERTY, SANDRA L Other Contracted Services Volleyball 170490 783,850 E-ONE Autos CIP - Bonds 170491 6,648 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 170492 1,136 EARL F ANDERSEN INC Signs Traffic Signs 170493 25 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Community Center Admin 170494 27 EDEN PRAIRIE NEWS Dues &Subscriptions Den Road Liquor Store 170495 309 ELVIN SAFETY LLC Equipment Testing/Cert.Fire 170496 1,210 EMERGENCY APPARATUS MAINTENANC Equipment Repair & Maint Fire 170497 520 ENVIRONMENTAL EQUIPMENT & SERV Equipment Parts Fleet Services 170498 130 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 170499 51 FAGNANT, SUSAN Instructor Service Outdoor Center 170500 61 FEIDT, ADAM M Mileage & Parking Information Technology 170501 103 FIRE SAFETY USA INC Small Tools Fire 170502 75 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 170503 18 FORCE AMERICA Operating Supplies Street Maintenance 170504 1,108 G & K SERVICES Clothing & Uniforms Prairie Village Liquor Store 170505 37 GARDEN ROOM FRATELLI'S GARDEN Other Contracted Services Economic Development 170506 346 GE CAPITAL Prepaid Expenses General Fund 170507 401 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 170508 113 GINA MARIAS INC Operating Supplies Fire 170509 1,043 GRAINGER Operating Supplies Fire 170510 994 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 170511 375 GRAPHIC SOURCE INC Advertising Recreation Administration 170512 321 GREATAMERICA LEASING CORP.Prepaid Expenses General Fund 170513 1,345 GREENSIDE INC Contract Svcs - Snow Removal City Hall - CAM 170514 52,552 GREGERSON ROSOW JOHNSON & NILA Legal Legal Council 170515 13,367 GRIGGS COOPER & CO Wine Domestic Den Road Liquor Store 170516 576 HACH COMPANY Laboratory Chemicals Water Treatment Plant 170517 23,429 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 170518 8 HARTLEY, MARY KAY Events/Admission Fee Teen Programs 170519 182,787 HEALTHPARTNERS Prepaid Expenses Health and Benefits 170520 1,702 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 170521 6,424 HENNEPIN COUNTY TREASURER Prepaid Expenses General Fund 170522 96 HENNEPIN COUNTY TREASURER Postage Elections 170523 175 HENRY, PAUL Other Contracted Services Broomball 170524 1,939 HOHENSTEINS INC Beer Prairie Village Liquor Store 170525 176 HOLMES, JOHN CARTER Other Contracted Services Basketball 170526 14,105 1-494 CORRIDOR COMMISSION Prepaid Expenses General Fund 170527 3,837 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment Plant 170528 5,203 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 170529 256 INSTITUTE OF TRANSPORTATION EN Prepaid Expenses General Fund 170530 75 INTERNATIONAL ASSOCIATION OF A Prepaid Expenses General Fund 170531 58 ITS A KEEPER Operating Supplies Internal Events 170532 48 J H LARSON COMPANY Building Repair &Maint.Park Maintenance 170533 12,066 JJ TAYLOR DIST OF MN Beer Prairie View Liquor Store 170535 42,957 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 170536 8 JONES, SANDRA Events/Admission Fee Teen Programs Check #Amount Vendor /Explanation Account Description Business Unit 170537 9 JORGENSON, CANDICE AR Utility Water Enterprise Fund 170538 57 KEATING, MARY Mileage & Parking Housing and Community Service 170539 986 KEEPERS Clothing & Uniforms Fire 170540 8 KEY, CHARLOTTE Events/Admission Fee Teen Programs 170541 100 KNUDTSON, STEVE Other Contracted Services Broomball 170542 45 KOCOUREK, JOAN Clothing & Uniforms Police 170543 583 KORSMO,ANNE Other Contracted Services Basketball 170544 361 LANO EQUIPMENT INC Equipment Repair & Maint Fleet Services 170545 715 LOTHEBACH, NANCY AR Utility Water Enterprise Fund 170546 357 M. AMUNDSON LLP Misc Taxable Prairie Village Liquor Store 170547 300 MAACO Equipment Repair & Maint Fleet Services 170548 15,406 MARK VII Beer Den Road Liquor Store 170549 487 MASTER CRAFT LABELS INC Fire Prevention Supplies Fire 170550 499 MENARDS Operating Supplies Utility Operations -General 170551 9,225 METRO CONCRETE RAISING INC Contract Svcs -Asphalt/Concr.City Hall - CAM 170552 1,264 METRO FIRE Equipment Repair & Maint Fire 170553 15 METROPOLITAN FORD Equipment Parts Fleet Services 170554 385 MIDWEST ASPHALT CORPORATION Repair & Maint. Supplies Water System Maintenance 170555 517 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 170556 90 MINNESOTA CHAMBER OF COMMERCE Miscellaneous Economic Development 170557 296 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 170558 200 MINNESOTA STATE FIRE CHIEFS AS Prepaid Expenses General Fund 170559 40 MN PRIMA Prepaid Expenses Perpetual Care Cemetary 170560 711 MNFIAM BOOK SALES Operating Supplies Fire 170561 4,319 MOBILE RADIO ENGINEERING INC Equipment Repair & Maint Wireless Communication 170562 161 MORAN USA, LLC Misc Taxable Den Road Liquor Store 170563 158 MOTOROLA Equipment Repair & Maint Wireless Communication 170564 270 MRPA Prepaid Expenses General Fund 170565 157 MTI DISTRIBUTING INC Equipment Parts Fleet Services 170566 1,294 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 170567 51 NEWPAPER LLC Operating Supplies Cummins House Special Events 170568 78 NEWTON, J. RANDALL Mileage & Parking Engineering 170569 703 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 170570 128 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 170571 24 OLSEN COMPANIES Small Tools Sewer Utility -General 170572 39 PARC, REGENCY AR Utility Water Enterprise Fund 170573 162 PARK NICOLLET CLINIC Workers Comp Insurance Workers Comp Insurance 170574 2,080 PAUL'S TWO-WAY RADIO REPAIR Other Contracted Services Reserve 170575 7,766 PAUSTIS & SONS COMPANY Transportation Den Road Liquor Store 170576 8 PEARSON, ELLEN Events/Admission Fee Teen Programs 170577 8 PETERSON, SUE Events/Admission Fee Teen Programs 170578 133 PETTY CASH-EPCC Mileage & Parking Community Center Admin 170580 23,924 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store 170581 302 PITNEY BOWES Other Rentals General 170582 3,177 PRAIRIE ELECTRIC COMPANY Other Contracted Services Capital Impr. / Maint. Fund 170583 54 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 170584 819 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 170585 6 ,135 QUALITY FLOW SYSTEMS INC Other Contracted Services Sewer Liftstation 170586 139 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 170588 27,541 QUALITY WINE & SPIRITS CO Wine Domestic Prairie Village Liquor Store 170589 1 ,538 QWEST Telephone E-911 Program 170590 150 QWEST COMMUNICATIONS INC Other Contracted Services Police 170591 250 RAY, LEE Other Contracted Services Basketball 170592 88 RIDGEVIEW MEDICAL CENTER Other Contracted Services Workers Comp Insurance 170593 1,878,433 RJM CONSTRUCTION INC Building Community Center Referendum 170594 1,658 SCHARBER & SONS Equipment Parts Fleet Services 170595 60 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Prairie Village Liquor Store 170596 160 SHERWIN-WILLIAMS Operating Supplies Street Maintenance 170597 442 SIERRA CORPORATION Equipment Parts Fleet Services 170598 71 SLOSSER, GAIUS Lessons &Classes Fitness Classes 170600 852 SPORTS WORLD USA INC Clothing & Uniforms Community Band 170601 186 SPRINT Telephone Engineering 170602 29 STAR TRIBUNE Dues &Subscriptions Prairie View Liquor Store 170603 904 STATE SUPPLY COMPANY Supplies - Plumbing City Hall - CAM 170604 110 STOVRING, LESLIE Mileage & Parking Storm Drainage Check #Amount Vendor /Explanation Account Description Business Unit 170605 922 STREICHERS Clothing & Uniforms Police 170606 580 SUN NEWSPAPERS Legal Notices Publishing City Clerk 170607 54 TESSCO Equipment Repair & Maint Wireless Communication 170608 10 ,781 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 170609 54 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Services 170610 193 TWIN CITY OXYGEN CO Motor Fuels Fleet Services 170611 6 UPS Postage Fire 170612 8 VALA, AMANDA Events/Admission Fee Teen Programs 170613 324 VINO SOURCE, THE Wine Imported Den Road Liquor Store 170614 5,209 VR BUILDERS Other Contracted Services Rehab 170615 49 WAYTEK INC Operating Supplies Park Maintenance 170616 8 WEBER, ANNETTE Events/Admission Fee Teen Programs 170617 962 WHEELER HARDWARE COMPANY Supplies - Security Pool Maintenance 170618 50 WHITE, REBECCA Tuition Reimbursement/School Fire 170619 2,452 WINE COMPANY, THE Wine Domestic Prairie Village Liquor Store 170620 9,075 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 170621 3,935 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 170622 168 WROBLESKI, JENNIFER Lessons &Classes Ice Arena 170623 95,165 XCEL ENERGY Electric Water Treatment Plant 170624 694 YALE MECHANICAL INC Contract Svcs - HVAC Community Center Maintenance 170625 148 ZEP MANUFACTURING CO Equipment Repair & Maint Fleet Services 170626 3,742 ALTERNATIVE BUSINESS FURNITURE Capital Under $10,000 Furniture 170627 225 DIETZ, EUGENE Prepaid Expenses General Fund 170628 68 DOLLERSCHELL, JOHN Operating Supplies Senior Board 170629 25 EDEN PRAIRIE CHAMBER OF COMMER Conference Expense Human Resources 170630 217 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous Police 170631 354 GBT CONSTRUCTION Deposits Escrow 170632 122 GRAY, ALAN Operating Supplies Internal Events 170633 308 HOLMES, TOM Other Contracted Services Basketball 170634 635 LORENZ, JOYCE Pager & Cell Phone Communication Services 170635 1,389 MIDWEST SIGN & SCREEN PRINTING Operating Supplies Fleet Services 170636 1,620 MPCA Prepaid Expenses Water Enterprise Fund 170637 31 QUICKSILVER EXPRESS COURIER Other Contracted Services Communication Services 170638 120 STOCKWELL, WENDELL Prepaid Expenses General Fund 170639 280 SUNRAM CONSTRUCTION Deposits Escrow 170640 294 T C PLUMBING Deposits Escrow 170641 770 VARGAS, JOSHUA A Other Contracted Services Basketball 170642 580 WATER NEEDS Deposits Escrow 170643 316 WEEDMAN, NICOLE Mileage & Parking Youth Programs Administration 170647 102 WERTS, SANDY Mileage & Parking Special Events Administration 170648 572 WOODDALE BLDERS Deposits Escrow 170649 396 WREDE, JULIANE Other Contracted Services Volleyball 170650 1 ,332 A-SCAPE INC Contract Svcs - Lawn Maint Fire Station #4 170651 233 ACCURINT - ACCOUNT #1348824 Other Contracted Services Police 170652 187 ACKERMAN, RUSSEL Building Materials Park Maintenance 170653 69 ADAMS PEST CONTROL INC Other Contracted Services Prairie View Liquor Store 170654 635 AIR LIQUIDE INDUSTRIAL U.S. LP Treatment Chemicals Water Treatment Plant 170655 345 AMERICAN PRESSURE INC Repair & Maint .Supplies Water Treatment Plant 170656 144 AMERIPRIDE LINEN & APPAREL SER Repair & Maint .Supplies Prairie View Liquor Store 170657 1,593 AMSAN LLC Cleaning Supplies Community Center Maintenance 170658 957 ANCHOR PRINTING COMPANY Printing Police 170659 74 ARMOR HOLDINGS Office Supplies Police 170660 232 BATTERY TECH INC Equipment Parts Fleet Services 170661 1,129 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 170662 8,511 BELLBOY CORPORATION Liquor Den Road Liquor Store 170663 85 BERTELSON OFFICE PLUS Office Supplies Utility Operations -General 170664 9,010 BIG STEER MEATS Other Contracted Services Deer Consultant 170665 1,540 BLOOMINGTON, CITY OF Other Contracted Services Animal Control 170666 57 BLOOMINGTON, CITY OF Other Contracted Services Park Maintenance 170667 797 BME CONSULTING Other Contracted Services Assessing 170668 161 BOYER TRUCKS Equipment Parts Fleet Services 170669 125 BRO-TEX INC Equipment Parts Fleet Services 170670 270 BROADWAY RENTAL EQUIPMENT CO Other Rentals Street Maintenance 170671 1,849 BROWN TRAFFIC PRODUCTS Equipment Repair & Maint Traffic Signals 170672 853 CALIFORNIA CONTRACTORS SUPPLIE Small Tools Water System Maintenance Check #Amount Vendor /Explanation Account Description Business Unit 170673 9,916 CANADA GOOSE PROGRAM, THE Other Contracted Services Storm Drainage 170674 114 CANNON RIVER WINERY Wine Domestic Den Road Liquor Store 170675 57 CARLSON, KEVIN Miscellaneous Water Treatment Plant 170676 588 CEMSTONE PRODUCTS COMPANY Repair & Maint .Supplies Water System Maintenance 170677 212 CHOICE INC Other Contracted Services Prairie Village Liquor Store 170678 286 CLAREYS INC Operating Supplies Prairie Village Liquor Store 170679 211 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 170680 1 ,752 CONTROL SERVICES OF MINNESOTA,Contract Svcs - HVAC City Hall - CAM 170681 250 COOPER, HANNA N Other Contracted Services Organizational Services 170682 2,388 CORPORATE EXPRESS Office Supplies Police 170683 4 ,742 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 170684 9 ,400 DAY DISTRIBUTING Beer Prairie View Liquor Store 170685 2,074 DIRECT SAFETY CO Safety Supplies Utility Operations - General 170686 25,534 DIVERSE BUILDING MAINTENANCE Cleaning Supplies City Hall - CAM 170687 48 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 170688 12 ,335 DRT TRANSPORT Lime Residual Removal Water Treatment Plant 170689 125 EAGLE TRAINING LLC Tuition Reimbursement/School Police 170690 9 ,349 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 170691 256 ECOLAB INC Contract Svcs - Pest Control Fire Station #4 170692 1,018 EDINA, CITY OF Printing Therapeutic Rec Administration 170693 220 ELIASON, STEVE J Other Contracted Services Basketball 170694 144 ELVIN SAFETY LLC Protective Clothing Park Maintenance 170695 6,376 EMBEDDED SYSTEMS INC Prepaid Expenses General Fund 170696 1 ,721 EMERGENCY APPARATUS MAINTENANC Equipment Repair & Maint Fire 170697 639 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 170698 216 FASTSIGNS Signs Reserve 170699 142 FERRELLGAS Motor Fuels Fleet Services 170700 1,046 FLAIR FOUNTAINS 02 Other Contracted Services Purgatory Creek Rec Area 170701 2,591 FORCE AMERICA Equipment Parts Fleet Services 170702 167 G & K SERVICES Clothing & Uniforms Fleet Services 170703 750 G & K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations -General 170704 110 GARDEN & ASSOC INC Other Contracted Services Police 170705 5,097 GARDEN ROOM FRATELLI'S GARDEN Miscellaneous Internal Events 170706 479 GCS SERVICE INC Contract Svcs - Garden Rm/Caf.City Hall - CAM 170707 904 GE CAPITAL Other Rentals General 170708 208 GENERAL MACHINING INC.Equipment Repair & Maint Park Maintenance 170709 779 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance 170710 150 GRAINGER Operating Supplies Park Maintenance 170711 2,487 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 170712 21,848 GREENSIDE INC Contract Svcs - Snow Removal City Hall - CAM 170713 15,206 GRIGGS COOPER & CO Wine Imported Den Road Liquor Store 170714 536 GS DIRECT Operating Supplies Engineering 170715 773 HALDEMANN HOMME INC Software Assessing 170716 7,629 HANSEN THORP PELLINEN OLSON Other Contracted Services Round Lake 170717 5,165 HAWKINS INC Treatment Chemicals Water Treatment Plant 170718 5,011 HEARTLAND DISTRIBUTION LLC Tires Fleet Services 170719 244 HENNEPIN COUNTY TREASURER Prepaid Expenses General Fund 170720 304 HOHENSTEINS INC Beer Den Road Liquor Store 170721 977 HOME DEPOT CREDIT SERVICES Supplies - General Bldg Community Center Maintenance 170722 136,198 IMPERIAL DEVELOPERS Improvements to Land Parks Referendum 170723 1,341 INNOVATIVE GRAPHICS Clothing & Uniforms Police 170724 13 J H LARSON COMPANY Supplies - Electrical Den Bldg. - CAM 170725 715 J J KELLER & ASSOCIATES INC Office Supplies General 170726 2,657 J&D WINDOW CLEANING Janitor Service -General Bldg Utility Operations -General 170727 10,428 JJ TAYLOR DIST OF MN Beer Prairie View Liquor Store 170728 50,703 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 170729 1,389 KEEPERS Operating Supplies Animal Control 170730 150 KOTARS, GEORGE Other Contracted Services Rehab 170731 47 KRAEMER MINING & MATERIALS INC Gravel Street Maintenance 170732 53 KRAEMERS HARDWARE INC Supplies - General Bldg Pool Maintenance 170733 349 KRISS PREMIUM PRODUCTS INC Contract Svcs - HVAC City Hall - CAM 170734 127 LAB SAFETY SUPPLY INC Operating Supplies Utility Operations -General 170735 1,909 LAMETTRYS COLLISION Equipment Repair & Maint Fleet Services 170736 662 LANO EQUIPMENT INC Equipment Repair & Maint Fleet Services 170737 5,982 MW WATERMARK Equipment Parts Water Treatment Plant Check #Amount Vendor /Explanation Account Description Business Unit 170738 8 ,682 MARK VII Beer Den Road Liquor Store 170739 300 MARTIN-MCALLISTER Other Contracted Services Organizational Services 170740 311 MENARDS Fire Prevention Supplies Fire 170741 799 METRO CLEANING Contract Svcs - Garden Romm Garden Room Repairs 170742 720 METRO SALES INCORPORATED*Other Rentals General 170743 253 METROPOLITAN FORD Equipment Repair & Maint Fleet Services 170745 1,391 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 170746 360 MINNESOTA GREEN EXPO Prepaid Expenses General Fund 170747 4,185 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 170748 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 170749 169 MN NCPERS GROUP LIFE INSURANCE Prepaid Expenses General Fund 170750 13,123 MTI DISTRIBUTING INC Machinery &Equipment Park & Recreation 170751 2,180 NATIONAL CAMERA EXCHANGE Video & Photo Supplies Police 170752 303 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 170753 173 NUCO2INC Chemicals Pool Maintenance 170754 39 OLSEN COMPANIES Small Tools Sewer Utility -General 170755 117 PAPER DIRECT INC Operating Supplies Internal Events 170756 4,098 PARROTT CONTRACTING INC Other Contracted Services Water System Maintenance 170757 2,523 PAUSTIS & SONS COMPANY Wine Domestic Den Road Liquor Store 170758 85 PETERS IMPORTS Misc Non-Taxable Den Road Liquor Store 170759 18,240 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store 170760 121 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical City Hall - CAM 170761 180 PRINTERS SERVICE INC Contract Svcs - Ice Rink Ice Arena Maintenance 170762 1,457 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 170763 36,000 PROFESSIONAL TURF & RENOVATION Improvements to Land Capital Impr . /Maint. Fund 170764 396 PROP United Way Withheld General Fund 170765 111 PROTECTION ONE Prepaid Expenses General Fund 170766 3,941 QUALITY FLOW SYSTEMS INC Machinery &Equipment Stormwater Liftstation 170767 147 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 170770 1,316 R D & ASSOC SPECIALIZED SERVIC Other Contracted Services Tree Removal 170771 102 SCHARBER & SONS Equipment Parts Fleet Services 170772 230 SCOTT COUNTY Deposits Escrow 170773 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services 170774 160 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Prairie View Liquor Store 170775 63 SHRED-IT Waste Disposal City Center Operations 170776 3,290 SIGNSOURCE Other Contracted Services Park Maintenance 170777 165 SJF MATERIAL HANDLING INC Operating Supplies Street Maintenance 170778 48 SNAP-ON TOOLS Small Tools Fleet Services 170779 6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing and Community Service 170780 1,442 SOUTHDALE YMCA YOUTH DEVELOPME Refunds CDBG - Public Service 170781 2,590 SOUTHWEST SUBURBAN PUBLISHING-Advertising Prairie View Liquor Store 170782 2,141 SOUTHWEST SUBURBAN PUBLISHING-Printing Communication Services 170783 98 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 170784 12,846 SRF CONSULTING GROUP INC Design & Engineering ADC PROJECT 170785 3,295 ST CROIX ENVIRONMENTAL INC Other Contracted Services Utility Improvement Fund 170786 198 STATEWIDE GAS SERVICES INC Contract Svcs - General Bldg Outdoor Center Facilities 170787 244 STEMPF AUTOMOTIVE INDUSTRIES 1 Equipment Parts Fleet Services 170788 1 ,344 STREICHERS Clothing & Uniforms Police 170789 708 SUBURBAN CHEVROLET Equipment Parts Fleet Services 170790 147 SUN NEWSPAPERS Legal Notices Publishing City Clerk 170791 831 SURLY BREWING CO Beer Prairie View Liquor Store 170792 16,597 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 170793 1,209 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs - Elevator Senior Center 170794 4,492 TJ REPLACEMENT WINDOWS Other Contracted Services Rehab 170795 1,300 TOM DIETHELM BUILDERS Other Rentals Street Maintenance 170796 146 TOM'S WINDOW CLEANING Janitor Service -General Bldg Den Road Building 170797 97 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 170798 163 TWIN CITY OXYGEN CO Motor Fuels Fleet Services 170799 48 UNIFORMS UNLIMITED Clothing & Uniforms Police 170800 302 UNITED WAY United Way Withheld General Fund 170801 740 UNLIMITED SUPPLIES INC Other Assets Parks Referendum 170802 33 UPS Laboratory Chemicals Water Treatment Plant 170803 356 VINO SOURCE, THE Wine Imported Den Road Liquor Store 170804 1 ,296 VINOCOPIA Liquor Den Road Liquor Store 170805 331 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store Check #Amount Vendor / Explanation Account Description Business Unit 170806 179 VWR INTERNATIONAL INC Laboratory Chemicals Water Treatment Plant 170807 719 WATSON CO INC, THE Merchandise for Resale Concessions 170808 2,540 WAUSAU TILE INC Landscape Materials/Supp Park Maintenance 170809 400 WELLS FARGO BANK MINNESOTA NA Prepaid Expenses General Fund 170810 66 WHEELER HARDWARE COMPANY Building Repair & Maint.Water Treatment Plant 170811 253 WHEELER LUMBER LLC Other Contracted Services Park Maintenance 170812 36,040 WHITE BUFFALO INC Other Contracted Services Deer Consultant 170813 490 WINE COMPANY, THE Wine Imported Prairie View Liquor Store 170814 3,523 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 170815 566 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 170816 250 WRIGHT COUNTY SHERIFF'S DEPT.Deposits Escrow 170817 1,362 YALE MECHANICAL INC Contract Svcs - HVAC Ice Arena Maintenance 170818 558 ZEE MEDICAL SERVICE Operating Supplies Community Center Admin 170822 7,543 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission 170823 165 ECK, JILL Training Supplies Organizational Services 170824 8,958 IND SCHOOL DIST 272 Grants - Other Leisure Education 170825 1,605 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 170826 1,188 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 170827 394 NEW FRANCE WINE COMPANY Wine Imported Den Road Liquor Store 170828 926 PETTY CASH Mileage & Parking Water Distribution 170829 103 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 170830 17,824 QUALITY WINE & SPIRITS CO Liquor Prairie Village Liquor Store 170831 37 STATE OF MINNESOTA Operating Supplies DWI Forfeiture 170832 81 SWANSON, NATHAN Mileage & Parking Community Center Maintenance 6,656,193 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2008 DEPARTMENT /DIVISION :ITEM DESCRIPTION:ITEM NO.: XIV.A. Office of City Manager Designation of Official City Newspaper Requested Action Move to:Adopt Resolution designating the Eden Prairie as the official City newspaper for the year 2008. Synopsis This designation is required on an annual basis. The Eden Prairie News now has an office in Eden Prairie and has requested to be considered as the official newspaper. (The Eden Prairie News had been the official City newspaper for 27 years.) The Eden Prairie Sun-Current has been the official newspaper since 2003. Attachments Resolution Letter from Jeffrey Coolman, Vice President,Sun Newspaper Letter from Mark Weber, Publisher,Eden Prairie Newspaper CITY OF EDEN PRAIRIE HENNEPIN COUNTY ,MINNESOTA RESOLUTION NO. 2008- A RESOLUTION DESIGNATING THE OFFICIAL CITY NEWSPAPER BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota that the Eden Prairie be designated as the official City newspaper for the year 2008. ADOPTED by the City Council of the City of Eden Prairie, on this 8 th day of January, 2008. Phil Young, Mayor ATTEST: Kathleen Porta ,City Clerk TtnttG PRESS SUN Beacon &NEWS ne^rspapecs www.mnsun.oom 116 East River 408 E. Main St.33 Second St. N.E.10917 Valley View Road Monticello, MN 55362 Melrose, MN 56352 Osseo, MN 55369 Eden Prairie, MN 55344 November 15, 2007 City of Eden Prairie City Council 8080 Mitchell Road Eden Prairie, MN 55344-2230 Dear City Council Members: Sun Patriot +tillmattr Newspapers ga3Ptti 8 Elm Street South 1931 Curve Crest Blvd. Waconia, MN 55387 Stillwater,MN 55082 The Eden Prairie Sun-Current would like to be considered for designation as the legal newspaper for the City of Eden Prairie for the upcoming year. All published legal notices are posted on our website (www.mnsun.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broaden the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun-Current is our home delivery. Sun Newspapers has become the primary source of community news in the suburbs. Your notices in our paper have the best chance of being seen and read. We would like to continue working with you, therefore, we will not be making a rate change for the coming year. The rate structure for legals effective the first of the year will be: 1 column width:$14.30 per inch for first insertion $7.15 per inch for subsequent insertions Our columns are 14 picas wide There are 11 lines per inch Two notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2:00 p.m. the Friday prior to publication. E-mailing the legal notices is an efficient and accurate way of getting the notices to us. The e-mail address for the legal department is sunlegals@acnpapers.com. We still accept notices on disk, faxed or through the mail. If you require more information to make your decision, please contact me or Mary Ann Carlson, our Legal Representative, at 952-392-6829. Thank you for considering the Sun-Current as the official newspaper for the City of Eden Prairie for the upcoming year. We appreciate the opportunity to serve the needs of your community. Sincerely, Jeffrey Coolman Vice President and Group Publisher In the Community • With the Community • For the Community Eden Pra i rie NEWS December 13, 2007 Ms. Kathleen Porta, City Clerk City of Eden Prairie 8080 Mitchell Road Eden Prairie ,Minnesota 55344 Dear Ms. Porta, The Eden Prairie News has once again established an office in Eden Prairie and would welcome the opportunity to serve as the city 's legal newspaper in 2008. The Eden Prairie News offers to publish legal notices for the city at a rate of $7 .27 per column inch, provided copy is submitted electronically via e-mail in generic text format or a Microsoft Word docu- ment .This represents a savings of more 35 percent off our normal legal rate. Notices submitted by the City of Eden Prairie will be posted on our newspaper website, www.edenprairienews .com, free of charge. Newspapers can be published with different page sizes and column widths ,which may not allow for an exact comparison in bids submitted by various entities .After Jan .3, 2008 ,the Eden Prairie News column width will be 1 .75 inches wide ,the typeface used is 7.5 Nimrod, and an estimated 9 lines of type will be printed in every inch published .For comparative purposes, we have duplicated one of the notices published in your 2007 legal newspaper appointee ,and have included cost estimates based upon the above bid if the same legal were to be printed in the Eden Prairie News. Should the Eden Prairie News be appointed the city's legal newspaper ,e-mailed legals should be sent to: legal@swpub .com. Our deadline is 4 p.m. Thursday ,preceding the next publication date; deadlines usually change during holiday weeks to accommodate press schedules. Thank you for the opportunity to bid on this service. Respectfully, Mark Weber Publisher enclosure 250 Prairie Center Drive ,Suite 211 ,Eden Prairie ,Minnesota 55344 n (952) 942-7885 CITY OF EDEN PRAIRIE (Official Publication) NOTICE OF PUBLIC HEARING RELATING TO ADOPTION OF AN ORDINANCE ESTABLISHING A FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS NOTICE IS HEREBY GIVEN that The City of Eden Prairie will hold a public hearing on December 3, 2007 in the City Council Chambers at City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota at 7:00 p.m. or as soon thereafter as the matter can be heard, for the purpose of adoption of an ordinance pursuant to Minn. Stat. S 462.353 establishing a fee schedule for the City's cost in administering Official Controls. As defined in Minn. Stat. S 462.352, Subd. 15, Official Controls may include zoning,subdivision controls,site plan regulations, sanitary codes, building codes and official maps. The meeting is televised on cable channel 16 and rebroadcast on the following Sunday at 1:00 p.m. and Tuesday at 7:00 p.m. A copy of the proposed ordinance is on file and available for public inspection at City Hall between the hours of 8:00 a.m. and 4:30 p.m. weekdays.Written comments submitted to the Planning Division by 12:00 p.m. on the Wednesday prior to the meeting date will be distributed in the Council packets.Additional questions regarding the proposed amendment should be directed to Michael Franzen at 952-949-8487. Notice of this public hearing published in the Eden Prairie News on November 15, 2007; No. 2007) nGka)x7.7/i,h. Cc MR, -(o-r x'3 8 .11 +D4v_^Ma^- q x?A^ / Ni mrod -^e/ 7.Spt. City of Eden Prairie (Official Publication) NOTICE OF PUBLIC HEARING RELATING TO ADOPTION OF AN ORDINANCE ESTABLISHING A FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS NOTICE IS HEREBY GIVEN that The City of Eden Prairie will hold a public hearing on December 3, 2007 in the City Council Chambers at City Hall ,8080 Mitchell Road, Eden Prairie ,Minnesota at 7:00 p.m. or as soon thereafter as the matter can be heard ,for the purpose of adoption of an ordinance pursuant to Minn .Stat.§462.353 establishing a fee schedule for the City's costs in administering Official Controls.As defined in Minn .Stat. § 462.352 ,Subd. 15, Official Controls may include zoning, subdivision controls, site plan regulations ,sanitary codes, building codes and official maps. The meeting is televised live on cable channel 16 and re- broadcast on the following Sunday at 1 :00 p.m .and Tues- day at 7:00 p.m. A copy of the proposed ordinance is on file and available for public inspection at City Hall between the hours of 8:00 a .m. and 4:30 p.m .weekdays.Written comments submitted to the Planning Division by 12:00 p.m. on the Wednesday prior to the meeting date will be distributed in the Council packets .Additional questions re- garding the proposed amendment should be directed to Michael Franzen at 952-949-8487. Notice of this public hearing published in the Eden PrairieSun Current on November 15, 2007. (Nov. 15, 2007 )d4-PHN Fee Ord ,dun, N",q^ 3 i nchtaX $ 1 If • 30 Czoolr^ ,Q,14-mor)eol IWA `Nr CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2008 DEPARTMENT /DIVISION:ITEM DESCRIPTION:ITEM NO.: XIV.B. Resolution Designating the Official Meeting Office of the City Manager Dates ,Time and Place for the City of Eden Prairie Council in 2008 and Appointing Acting Mayor Requested Action Move to:Adopt Resolution designating the official meeting dates, time and place for the City of Eden Prairie Council in 2008 and appointing Councilmember the Acting Mayor. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE COUNCIL IN 2008 AND APPOINTING ACTING MAYOR BE IT RESOLVED ,by the City Council of the City of Eden Prairie, Minnesota, that they meet on the first and third Tuesdays of each month at 7:00 P.M. in the Eden Prairie City Center Council Chambers,8080 Mitchell Road, Eden Prairie, MN 55344. Council Workshops will be held at 5:00 P.M. and Council Forums will be held at 6:30 p.m. prior to regularly scheduled Council meetings.Robert's Rules of Order will prevail. BE IT RESOLVED, that the second Council meeting in the month of January of 2008 will be held on the fourth Tuesday of the month. BE IT RESOLVED , that the only Council meeting in the month of February of 2008 will be held on the second Tuesday of the month. BE IT RESOLVED , that the only Council meeting in the month of April of 2008 will be held on the third Tuesday of the month. BE IT RESOLVED , that the only Council meeting in the month of July of 2008 will be held on the third Tuesday of the month. BE IT RESOLVED, that the only Council meeting in the month of August of 2008 will be held on the third Tuesday of the month. BE IT RESOLVED , that the only Council meeting in the month of November of 2008 will be held on the third Tuesday of the month. BE IT RESOLVED, that the first Council meeting in the month of December of 2008 be held on the first Monday of the month. BE IT FURTHER RESOLVED, that Council Member is hereby appointed to be the Acting Mayor in the absence of the Mayor. ADOPTED by the City Council of the City of Eden Prairie ,on this 8 th day of January, 2008. Phil Young, Mayor ATTEST: Kathleen Porta ,City Clerk CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2008 DEPARTMENT/DIVISION:ITEM DESCRIPTION: ITEM NO.: XW.C. Office of City Manager Resolution Appointing Commissioners to the Eden Prairie Housing and Redevelopment Authority Requested Action MOTION:Move to adopt the resolution appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Phil Young as Chair; Scott Neal as Executive Director and as Secretary for calendar year 2008. Synopsis This appointment requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY ,MINNESOTA RESOLUTION NO. 2008- A RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY WHEREAS, the Mayor has the authority to appoint the members of the Eden Prairie Housing and Redevelopment Authority (HRA); and WHEREAS,the Mayor has appointed the members of the Eden Prairie City Council, to- wit:Brad Aho, Sherry Butcher, Jon Duckstad, Kathy Nelson and Philip Young,to serve as the commissioners of the Eden Prairie HRA for terms of office concurrent with their terms as members of the Council; and WHEREAS, the Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie (HRA) have authority to make appointments. NOW THEREFORE, BE IT RESOLVED, that the City Council affirms the appointments made for the terms set forth above and hereby appoints Philip Young as Chair; Scott Neal as Executive Director and as Secretary of calendar year 2008. 2008. ADOPTED ,by the City Council of the City of Eden Prairie, on the 8th day of January, Phil Young, Mayor ATTEST: Kathleen Porta ,City Clerk CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2008 DEPARTMENT /DIVISION :ITEM DESCRIPTION :Resolution ITEM NO.: XIV.D. Designating the Director and Alternate Office of the City Manager Director to the Suburban Rate Authority of 2008 Requested Action Move to:Adopt Resolution designating as the Director and as the Alternate Director to the Suburban Rate Authority. Synopsis This resolution requires approval on an annual basis. Director of Public Works Gene Dietz served as the Director and Councilmember Butcher served as the Alternate Director to the Suburban Rate Authority in 2007. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY BE IT RESOLVED ,that the City Council of the City of Eden Prairie hereby designates as the Director and as the Alternate Director of the Suburban Rate Authority for 2008. 2008. ADOPTED, by the City Council of the City of Eden Prairie, on this 8th day of January, Phil Young, Mayor ATTEST: Kathleen Porta ,City Clerk CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2008 DEPARTMENT /DIVISION :ITEM DESCRIPTION: ITEM NO.: XW.E. Office of the City Manager Appointment to Association of Metropolitan Municipalities Requested Action Move to:Approve appointment of the Mayor as Delegate and Council Members as Alternates to the Association of Metropolitan Municipalities. Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2008 DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: XIV.F. Office of the City Manager Appointment to the National League of Cities Requested Action Move to:Approve appointment of the Mayor as Delegate and Council Members as Alternates to the National League of Cities. Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2008 DEPARTMENT /DIVISION :ITEM DESCRIPTION: ITEM NO.: XW.G. Office of the City Manager Appointment to the Municipal Legislative Commission Requested Action Move to: Approve appointment of the Mayor to the Municipal Legislative Commission. Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2008 DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: XIV.H. Office of the City Manager Appointment to the Southwest Corridor Commission Requested Action Move to: Approve appointment of to Southwest Corridor Commission. Synopsis This appointment is approved on an annual basis. Council Member Nelson served on the Southwest Corridor Commission in 2007. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2008 DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: XIV.I. Office of the City Manager Appointment to the Southwest Cable Commission Requested Action Move to:Approve appointment of to the Southwest Cable Commission. Synopsis This appointment is approved on an annual basis. Council Member Aho served on the Southwest Cable Commission in 2007. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2008 DEPARTMENT /DIVISION :ITEM DESCRIPTION:ITEM NO.: XIV.J. Office of the City Manager Appointment to the Eden Prairie Foundation Requested Action Move to: Approve appointment of to the Eden Prairie Foundation. Synopsis This appointment is approved on an annual basis. Mayor Young served on the Eden Prairie Foundation in 2004, 2005, 2006 and the first half of 2007. Council Member Nelson assumed the appointment in June 2007. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2008 DEPARTMENT /DIVISION:ITEM DESCRIPTION :ITEM NO.: XIV.K. Office of the City Manager Appointment to the 1-494 Corridor Commission Requested Action Move to:Approve appointment of to the 1-494 Corridor Commission. Synopsis This appointment is approved on an annual basis. Councilmember Aho has served on the 1-494 Corridor Commission from 2005 to 2007. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2008 DEPARTMENT /DIVISION :ITEM DESCRIPTION: ITEM NO.: XW.L. Office of the City Manager Appointment to the City and School Facilities Use Task Force Requested Action Move to:Approve appointment of to the City and School Facilities Use Task Force. Synopsis This appointment is approved on an annual basis. Council Member Nelson served on the City and School Facilities Use Task Force in 2007. CITY COUNCIL AGENDA DATE: January 8, 2008 SECTION: Appointments DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: XIV.M. Scott Neal LMC Insurance Trust Board Appointment City Manager Requested Action Move to: Appoint Council Member Butcher to serve on the League of Minnesota Cities Insurance Trust Board of Trustees. Synopsis Councilmember Sherry Butcher has served as a member of the Board of Trustees for the League of Minnesota Insurance Trust (LMCIT)since 2003 .The LMCIT Board is a substantial assignment .The Board asks for the member governments of their Board members acknowledge their LMCIT Board participation with a motion of support. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2008 DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: XIV.N. Stuart Fox, Manager of Parks Appointment of Assistant Weed Inspectorand Natural Resources Requested Action Move to: Appoint Jeff Cordes as Assistant Weed Inspector for the City of Eden Prairie. Synopsis Each year the City of Eden Prairie is requested to appoint an Assistant Weed Inspector for the City under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81. The responsibility of the Assistant Weed Inspector is to enforce the local and state weed ordinances. Jeff Cordes has been doing this inspection work for the past several years, and he is familiar with the City ordinance and state law. Under State Statute, the Mayor is the City Weed Inspector and appointment of an Assistant Weed Inspector thereby relieves the Mayor or City Council of those duties as required by Minnesota State Statute.