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Home My WebLink AboutCity Council - 05/06/2008 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MAY 6, 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 Attorney Ric Rosow Heritage Room II I. CITY MANAGER'S PERFORMANCE REVIEW(CLOSED SESSION) Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 6, 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 I. ROLL CALL/CALL THE MEETING TO ORDER II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. PROCLAMATIONS/PRESENTATIONS A. SENIOR AWARENESS MONTH PROCLAMATION B. SESQUICENTENNIAL PROCLAMATION C. CAMP EDEN WOOD MASTER PLAN D. VETERANS MEMORIAL SCULPTURES VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, APRIL 15, 2008 B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 15, 2008 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE LEASE AGREEMENT WITH FLAGSHIP BANK FOR ATM AT THE COMMUNITY CENTER C. ACCEPT BASE BID AND ALTERNATES Gl, G2 AND G3 FROM NORTHWEST ASPHALT INC. FOR OVERLAY OF CITY CENTER AND FIRE STATION PARKING LOTS D. ADOPT RESOLUTION DECLARING ABANDONED PROPERTY CITY COUNCIL AGENDA May 6, 2008 Page 2 E. APPROVE COMMUNITY CENTER CATERING SERVICE AGREEMENTS F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH CLUTS OBRIEN, STROTHER ARCHITECTS FOR ARCHITECTURAL REMODELING SERVICES FOR THE ART CENTER G. APPROVE PROPOSAL FOR IMPLEMENTATION OF ROUND LAKE WATER QUALITY IMPROVEMENT PROJECT AND WATER QUALITY MONITORING FOR DUCK LAKE, RED ROCK LAKE AND STARING LAKE BY BLUE WATER SCIENCE, I.C. 02-5581 H. AWARD CONTRACT FOR SCENIC HEIGHTS WATERMAIN IMPROVEMENTS, I.C. 075704 I. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR RECONSTRUCTION OF FLYING CLOUD DRIVE,I.C. 07-5708 J. APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR STABILIZATION OF PURGATORY CREEK, I.C. 07-5698 K. AWARD CONTRACT TO TRAUT WELLS FOR THE CONSTRUCTION OF MUNICIPAL WELL NO. 16 L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR TH 212/SHADY OAK ROAD INTERCHANGE CONCEPT STUDY, I.C. 08-5728 M. AWARD CONTRACT TO ODESSA II FOR EDENBROOK NATURE TRAIL & BOARD WALK PROJECT—PHASE II N. AWARD CONTRACT FOR 2008 BITUMINOUS OVERLAYS TO MIDWEST ASPHALT, I.C. 08-5723 O. AWARD CONTRACT FOR 2008 SEAL COATING TO ALLIED BLACKTOP COMPANY, I.C. 08-5723 IX. PUBLIC HEARINGS/MEETINGS A. KONA GRILL Request for: Planned Unit Development Concept Amendment on 4.44 acres, Planned Unit Development District Review with waivers on 4.44 acres, Zoning District Amendment within the Commercial Regional Service District on 4.44 acres and Site Plan Review on 4.44. Location: West of Flying Cloud Drive, north of Regional Center Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) CITY COUNCIL AGENDA May 6, 2008 Page 3 B. VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER LOT 1, BLOCK 1,AND OUTLOT C, COLUMBINE ROAD ADDITION, VACATION 08-02 (RESOLUTION) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Recreation Cost Recovery 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 ANNOTATED AGENDA DATE: May 2, 2008 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, May 6, 2008 TUESDAY,MAY 6, 2008 7:00 PM, COUNCIL CHAMBER I. ROLL CALL/CALL THE MEETING TO ORDER II. COLOR GUARD/PLEDGE OF ALLEGIANCE 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." Mayor: "Color Detail, present the Colors " 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." Council and audience will rise when the flags enter the Council Chamber. 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." (Detail Commander will turn back to the scouts) "Present Colors." [The American Flag is snapped straight up and the State Flag is dropped to a 45° angle.] "Hand Salute." Mayor and Council lead the Pledge of Allegiance 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." ANNOTATED AGENDA May 6, 2008 Page 2 Color Guard will now leave the Council Chambers. (Council and audience will remain standing until the flags leave the Council Chamber.) 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. 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. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name, phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager's Office. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. V. PROCLAMATIONS /PRESENTATIONS A. SENIOR AWARENESS MONTH PROCLAMATION B. SESQUICENTENNIAL PROCLAMATION Betsy Adams, Chair of the Heritage Preservation Commission, will be in attendance for the reading of the proclamation. C. CAMP EDEN WOOD MASTER PLAN George Watson of Brauer and Associates and Chuck Liddy from the architecture firm of Miller Dunwiddie will be in attendance to review the results of the Master Plan. Synopsis: At the June 19, 2007 City Council meeting, the Council authorized staff to prepare and submit a public project to the State for consideration for inclusion in the 2008 State Bonding Bill and to authorize a consulting agreement with Brauer& ANNOTATED AGENDA May 6,2008 Page 3 Associates to assist in the preparation of the submission document. Since that time, staff and consultants have met with many groups and organizations and have developed a nearly complete master plan. Camp Eden Wood was originally a part of the Glen Lake Sanatorium, which was owned and operated by Hennepin County, the Camp Eden Wood property and structures housed a children's tuberculosis camp, known as 'Glen Lake Children's Camp' until 1950. Ownership of the Camp Eden Wood property was transferred to the City of Eden Prairie in 1983. Perpetual use of the property for the benefit of disabled children is a condition of the property transfer to the City. The ARC of Minnesota, whose mission is "advocacy and support for people with intellectual and other developmental disabilities and their families," entered an agreement with Hennepin County and operated the Center with the County from 1957 through 1983. Following the transfer of the property to the City of Eden Prairie, ARC continued operating the facility until 1994 when Friendship Ventures assumed the operation. Friendship Ventures continues the task of providing care for disabled individuals and their care givers in association with the City of Eden Prairie. The Master Planning process included a number of meetings with the City of Eden Prairie boards and commissions, Friendship Ventures staff and board as well as other interested parties. Input from all of the organizations has been included into the current Master Plan. The following is a partial list of those meetings: Minnesota Historical Society Staff- July 17, 2007 Eden Prairie Lions Club Members -Aug. 8, 2007 Friends of Birch Island Woods - Aug. 29, 2007 City of Eden Prairie Park, Recreation and Natural Resources Commission-Sept. 4, 2007 Minnesota Historical Society Staff- Sept. 11, 2007 City of Eden Prairie Heritage Preservation Committee - Sept. 19, 2007 Friendship Ventures Board- Sept. 19, 2007 State of Minnesota Legislative Committee -Nov. 30, 2007 Minnesota Historical Society Staff- Dec. 20, 2007 City of Eden Prairie Planning Commission Meeting - Mar. 10, 2007 City of Eden Prairie Park, Recreation and Natural Resources Commission-April 7, 2008 City of Eden Prairie Heritage Preservation Commission -April 21, 2008 City of Eden Prairie Council - May 6, 2008 In addition to documenting current conditions, the master plan identifies many potential issues and regulations that need to be considered if full or partial development occurs. Although the bonding request for 2008 was not funded, the Master Plan provides a blueprint for staggered development and will serve as a document for a 2010 bonding request. MOTION: Move to accept the Camp Eden Wood Master Plan and direct staff to continue to assist Friendship Ventures with the coordination of improvements and solicit state bond funds on behalf of the project. ANNOTATED AGENDA May 6,2008 Page 4 D. VETERANS MEMORIAL SCULPTURES Synopsis: The next and final phase of the Veterans Memorial is fully funded and is nearly ready for construction to proceed. The process for approving the sculptures is to review them with the Arts and Culture Commission and the Parks, Recreation and Natural Resources Commission and to gain approval from the City Council. Phase I of the Veterans Memorial was completed in November of 2007. Since that time, Veterans Memorial Fundraising Committee members have continued to raise funds and are now in a position to advance the project and are targeting a completion date of November 2008. The final phase of the project consists of two significant sculptures. When this concept was originally contemplated, there was an understanding that the sculptures would be reviewed by the Arts and Culture Commission and the Parks, Recreation and Natural Resources Commission and approved by the City Council. The Arts and Culture Commission reviewed the sculptures on April 14 and found them to be appropriate. The Parks, Recreation and Natural Resources Commission is scheduled to review the sculptures at the May 5 meeting. Staff will share feedback from each of the commissions at the City Council meeting. MOTION: Move to approve the sculptures as presented by the Veterans Memorial Fundraising Committee for inclusion in the Veterans Memorial at Purgatory Creek Park. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, APRIL 15, 2008 B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 15, 2008 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-O on the Consent Calendar. A. CLERK'S LICENSE LIST B. APPROVE LEASE AGREEMENT WITH FLAGSHIP BANK FOR ATM AT THE COMMUNITY CENTER C. ACCEPT BASE BID AND ALTERNATES G1, G2 AND G3 FROM NORTHWEST ASPHALT INC. FOR OVERLAY OF CITY CENTER AND FIRE STATION PARKING LOTS D. ADOPT RESOLUTION DECLARING ABANDONED PROPERTY ANNOTATED AGENDA May 6,2008 Page 5 E. APPROVE COMMUNITY CENTER CATERING SERVICE AGREEMENTS F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH CLUTS OBRIEN, STROTHER ARCHITECTS FOR ARCHITECTURAL REMODELING SERVICES FOR THE ART CENTER G. APPROVE PROPOSAL FOR IMPLEMENTATION OF ROUND LAKE WATERQUALITY IMPROVEMENT PROJECT AND WATERQUALITY MONITORING FOR DUCK LAKE, RED ROCK LAKE AND STARING LAKE BY BLUE WATER SCIENCE, I.C. 02-5581 H. AWARD CONTRACT FOR SCENIC HEIGHTS WATERMAIN IMPROVEMENTS, I.C. 075704 I. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR RECONSTRUCTION OF FLYING CLOUD DRIVE, I.C. 07-5708 J. APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR STABILIZATION OF PURGATORY CREEK, I.C. 07-5698 K. AWARD CONTRACT TO TRAUT WELLS FOR THE CONSTRUCTION OF MUNICIPAL WELL NO. 16 L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR TH 212/SHADY OAK ROAD INTERCHANGE CONCEPT STUDY I.C. 08-5728 M. AWARD CONTRACT TO ODESSA II FOR EDENBROOK NATURE TRAIL & BOARD WALK PROJECT—PHASE II N. AWARD CONTRACT FOR 2008 BITUMINOUS OVERLAYS TO MIDWEST ASPHALT,I.C. 08-5723 O. AWARD CONTRACT FOR 2008 SEAL COATING TO ALLIED BLACKTOP COMPANY,I.C. 08-5723 IX. PUBLIC HEARINGS/MEETINGS A. KONA GRILL Request for: Planned Unit Development Concept Amendment on 4.44 acres, Planned Unit Development District Review with waivers on 4.44 acres, Zoning District Amendment within the Commercial Regional Service District on 4.44 acres and Site Plan Review on 4.44. Location: West of Flying Cloud Drive, north of Regional Center Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) Official notice of this public hearing was published in the April 24, 2008,Eden Prairie News and sent to 21 property owners. ANNOTATED AGENDA May 6,2008 Page 6 Synopsis: This project is for an 8,700 square foot Kona Grill restaurant as part of the Windsor Plaza mixed use project currently under construction. Windsor Plaza included two end cap restaurants. These restaurants were conceptual in design. Kona Grill will be constructing one of the end cap restaurants requiring a site plan review and PUD waivers. Because the outside patio area is now part of the building two waivers will be required through the PUD: 1. Front yard building setback from 35 feet to 24 feet along Flying Cloud Drive. A similar front yard setback waiver was granted to the Windsor Plaza five-story portion of the building. 2. Floor Area Ratio for the overall Windsor Plaza building from 0.69 to 0.70. City Code maximum is 0.40. The FAR is consistent with what was anticipated for this portion of the Town Center. The project is consistent with the MCA Study and Planning Principles for the Town Center. The plans have been revised by Kona Grill to add natural stone columns between the patio windows to align with Windsor Plaza's cast stone piers and wall. The 120-Day Review Period expires on July 24, 2008. The Planning Commission voted 8-0 to recommend approval of the project at its April 14, 2008 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Amendment on 4.44 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Commercial Regional Service District on 4.44 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. B. VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER LOT 1, BLOCK 1,AND OUTLOT C, COLUMBINE ROAD ADDITION,VACATION 08-02 (RESOLUTION) Official notice of this public hearing was published in the April 17, 2008,Eden Prairie News and sent to 27 property owners. Synopsis: The Property Owners have requested the vacation of all the Drainage and Utility easements to facilitate replatting of the lots to Castle Ridge 2nd Addition. The Drainage and Utility Easements were originally dedicated with the Columbine Road Addition plat. New drainage and utility easements have been dedicated with the Castle Ridge 2nd Addition project. ANNOTATED AGENDA May 6, 2008 Page 7 MOTION: Move to: • Close the public hearing; and • Adopt the resolution vacating all of the Drainage and Utility Easement lying over, under and across Lot 1, Block 1, and Outlot C, Columbine Road Addition, according to the recorded plat thereof, Hennepin County, Minnesota. 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 XIII. APPOINTMENTS 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 1. Recreation Cost Recovery Synopsis: Proposed Cost Recovery Goals Current Cost Proposed Cost Program Recovery Recovery Minimum Minimum Staring Lake Concert Series 25% 10% Riley-Jacques Twilight Specials 25% 10% Winter Theatre 25% 40% Park in Movies 25% 10% Youth Summer Drama Camp 25% 75% Cemetery Walk 25% 75% Historical Tour 25% 75% Collection of One Acts 25% 75% Arts&Antiques in the Garden 25% 50% 4th of July Celebration 50% 40% Playground Camp 50% 75% Unique Special Events such as park dedications&ribbon cutting ceremonies 50% 0% ANNOTATED AGENDA May 6,2008 Page 8 One of the questions raised by the Budget Advisory Commission during the 2008/2009 budget hearing discussions related to the process used by City staff to determine which recreation programs are offered and which programs are cancelled. The decisions are based on policy that was adopted by the City in 1995 relating to cost recovery for recreation programs. All programs that are based on meeting operating expenses have a minimum registration number selected to meet operating expenses. If the number of registrations is not met, the program will be canceled unless there is rationale to run the program below the minimum registration number. The recreation program staff review cost recovery data on a program by program basis to reflect how various programs met with cost recovery goals, and to determine if subsidy goals should be revised,programs continued or fees increased or decreased. Since 1995 the recreation staff has utilized program planning budget worksheets to establish fees and charges for all recreation programs according to the cost recovery policy, and to ensure programs meet established cost recovery goals. On an annual basis, the entire Recreation Division analyzes all the recreation programs offered and whether or not they met their cost recovery guidelines as approved by the City Council. The actual cost of the program is determined by the direct cost such as instructor fees,program supplies, facility rentals (if appropriate), plus an additional 20% to cover indirect costs such as printing,postage, etc. There are a few decisions made each year that vary slightly from this policy. For example, if a new program does not quite meet the cost recovery goal the first time it is offered, staff may determine to offer it anyway. Often times,when people become aware of the program the next time it is offered there is a waiting list. Some youth camps and some lesson programs may not meet the cost recovery goal; however, the accumulation of revenue for these programs exceeds the overall expenditures, including the 20 percent administrative fee. The Parks, Recreation and Natural Resources Commission will review this information at their May 5 meeting. MOTION: Move to accept proposed adjustments to the cost recovery goals for various recreation programs as proposed. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF ANNOTATED AGENDA May 6, 2008 Page 9 H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. ITEM NO.: V.A. PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the increasing number of senior citizens in Eden Prairie bring many opportunities and challenges for all components of our City— families, businesses, and government; and WHEREAS, every segment of our society is influenced by the needs, resources and expertise of our senior citizens; and awareness improves participation and action; and WHEREAS, our Eden Prairie seniors play a pivotal role in formal and informal education, sharing years of accumulated experience and wisdom which will impact our future; and WHEREAS, the community wishes to celebrate and acknowledge the contributions and accomplishments of the seniors in our community and recognize the organizations that serve older adults; and WHEREAS, the theme "Stepping Up and Out, A Celebration of Age" establishes that seniors are an integral part of our community. NOW, THEREFORE, the Eden Prairie City Council does proclaim May 2008 to be SENIOR AWARENESS MONTH ADOPTED BY the Eden Prairie City Council on this 6th day of May 2008. Phil Young, Mayor on behalf of Council Members: Brad Aho Sherry Butcher Jon Duckstad Kathy Nelson ITEM NO.: V.B. PROCL ATION- EDEN PRAIRIE HERITAGE D.Ay COM�f0� M1 (• a +00 araisie "W3fERE.AS, the Town of Eden Prairie was organized on.May 11, 1858, where by acclamation the first Town Supervisors held the first Town meeting at which the first Town Supervisors were elected, and "WHEREAS, the spirit, vision and goodwill of the Town's founders andresidents continues today in the people of Eden Prairie and the quality of life enjoyed by the City's residents; and 'WHEREAS, over the past 15o years Eden Prairie has grown to apopulation of over 65,00o people and today ranks as one of the most livable Cities in the country; and -WHEREAS, Eden Prairie's most livable status is in part a legacy built on the notable accomplishments of the past and is a source of pride to everyone living in Eden Prairie today; and -WHEREAS, to commemorate andperpetuate this legacy for allfuture generations in Eden Prairie. NO-W, THEREFORE, the Eden Prairie City Council does proclaim.May ii as EDEN PRAIRIE HERITAGE DAy ADOPTED By the Eden Prairie City Council on this 6th day of.lay 2oo8. Phil young, .Mayor on behalf of Council.lembers Brad Aho Sherry Butcher Jon Duckstad Xathy Nelson CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations May 6, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: V.C. Jay Lotthammer, Director, Camp Eden Wood Master Plan Presentation Parks and Recreation Motion Move to: Accept the Camp Eden Wood Master Plan and direct staff to continue to assist Friendship Ventures with the coordination of improvements and solicit state bond funds on behalf of the project. Synopsis At the June 19, 2007 City Council meeting, the Council authorized staff to prepare and submit a public project to the State for consideration for inclusion in the 2008 State Bonding Bill and to authorize a consulting agreement with Brauer&Associates to assist in the preparation of the submission document. Since that time, staff and consultants have met with many groups and organizations and have developed a nearly complete master plan. George Watson of Brauer and Associates and Chuck Liddy from the architecture firm of Miller Dunwiddie will be in attendance to review the results of the Master Plan. Background Camp Eden Wood was originally a part of the Glen Lake Sanatorium, which was owned and operated by Hennepin County, the Camp Eden Wood property and structures housed a children's tuberculosis camp, known as 'Glen Lake Children's Camp' until 1950. Ownership of the Camp Eden Wood property was transferred to the City of Eden Prairie in 1983. Perpetual use of the property for the benefit of disabled children is a condition of the property transfer to the City. The ARC of Minnesota, whose mission is "advocacy and support for people with intellectual and other developmental disabilities and their families," entered an agreement with Hennepin County and operated the Center with the County from 1957 through 1983. Following the transfer of the property to the City of Eden Prairie, ARC continued operating the facility until 1994 when Friendship Ventures assumed the operation. Friendship Ventures continues the task of providing care for disabled individuals and their care givers in association with the City of Eden Prairie. The Master Planning process included a number of meetings with the City of Eden Prairie boards and commissions, Friendship Ventures staff and board as well as other interested parties. Input from all of the organizations has been included into the current Master Plan. The following is a partial list of those meetings: Minnesota Historical Society Staff- July 17, 2007 Eden Prairie Lions Club Members -Aug. 8, 2007 Friends of Birch Island Woods -Aug. 29, 2007 City of Eden Prairie Park, Recreation and Natural Resources Commission- Sept. 4, 2007 Minnesota Historical Society Staff- Sept. 11, 2007 Camp Eden Wood Master Plan Presentation May 6, 2008 Page 2 City of Eden Prairie Heritage Preservation Committee - Sept. 19, 2007 Friendship Ventures Board- Sept. 19, 2007 State of Minnesota Legislative Committee -Nov. 30, 2007 Minnesota Historical Society Staff-Dec. 20, 2007 City of Eden Prairie Planning Commission Meeting - Mar. 10, 2007 City of Eden Prairie Park, Recreation and Natural Resources Commission-April 7, 2008 City of Eden Prairie Heritage Preservation Commission -April 21, 2008 City of Eden Prairie Council - May 6, 2008 In addition to documenting current conditions, the master plan identifies many potential issues and regulations that need to be considered if full or partial development occurs. Although the bonding request for 2008 was not funded, the Master Plan provides a blueprint for staggered development and will serve as a document for a 2010 bonding request. Attachments Camp Eden Wood Master Plan CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations May 6, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: V.D. Jay Lotthammer, Director, Veterans Memorial Sculptures Parks and Recreation Motion Move to: Approve the sculptures as presented by the Veterans Memorial Fundraising Committee for inclusion in the Veterans Memorial at Purgatory Creek Park. Synopsis The next and final phase of the Veterans Memorial is fully funded and is nearly ready for construction to proceed. The process for approving the sculptures is to review them with the Arts and Culture Commission and the Parks, Recreation and Natural Resources Commission and to gain approval from the City Council. Background Phase I of the Veterans Memorial was completed in November of 2007. Since that time, Veterans Memorial Fundraising Committee members have continued to raise funds and are now in a position to advance the project and are targeting a completion date of November 2008. The final phase of the project consists of two significant sculptures. When this concept was originally contemplated, there was an understanding that the sculptures would be reviewed by the Arts and Culture Commission and the Parks, Recreation and Natural Resources Commission and approved by the City Council. The Arts and Culture Commission reviewed the sculptures on April 14 and found them to be appropriate. The Parks, Recreation and Natural Resources Commission is scheduled to review the sculptures at the May 5 meeting. Staff will share feedback from each of the commissions at the City Council meeting. 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UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, APRIL 15, 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 I. PUBLIC SAFETY COMMUNICATIONS AND RECORD MANAGEMENT OVERVIEW Police Chief Rob Reynolds and Fire Chief George Esbensen reviewed the history of the City's dispatch services. Initially, Hennepin County provided dispatch services for the City. In the early 1980s the City contracted with the City of Richfield for dispatch services. Reynolds said service issues were the driving force behind both changes. In 1990, the City created its own state-of-the-art PSAP (public safety answering point) in partnership with E.F. Johnson. The system includes Eden Prairie Police and Fire, other City users and the School District. Reynolds said in early the 2000's the concept of regional radio systems was endorsed as the best practice from a national public safety standpoint. In 2002, the City's public safety staff began to plan for a move to an interoperable P25 digital regional radio system. Currently, Hennepin County is not accepting new customers and other cities contacted are not interested in consolidating at this time. The move to a new system began in late 2007 with acquisition of new radio and dispatch hardware. Switchover to the new hardware took place in early 2008. Implementation of the fully integrated CAD-RMS (computer aided dispatch—records management system) software is scheduled for late 2008. The new system is expected to overcome the inability of the City's various technologies to interact and will allow for automated infield reporting and data transfer. Mayor Young asked why Edina and Minnetonka are not interested in collaborating with Eden Prairie on a regional system. Esbensen said they would have to add onto their current systems to integrate Eden Prairie, which would be costly. Also, for communities to successfully collaborate on a PSAP, they would have to have similar operating philosophies, be geographically close, and have telecommunicators who are familiar with the entire area. Esbensen and Reynolds said when it becomes possible for cities to share common services in addition to telecommunications, it will make more sense to move toward centralized services. Esbensen said data privacy laws could also pose problems for communities sharing dispatch services. Esbensen said a staff committee is developing an RFP for purchase and installation of the software and interviewing vendors. Once a vendor is selected, a contract award recommendation will be forwarded to the City Council for consideration. Council Chamber II. OPEN PODIUM A. TOM RINE—PROPOSED ART CENTER Mr. Rine said he is a glass blower and has been a resident of Eden Prairie since 1981. He said the donation of the Sampson property to the City for use as an Art Center will be a tremendous opportunity for the community to have an arts center with a glass blowing program. B. NORBERT NICPON—UNFINISHED TOWNHOMES Mr. Nicpon said he is a resident of the Heritage Village Town Homes, nine of which are in foreclosure. Five of the units are on property that has not yet been landscaped. He asked the City to step in to help expedite the process of getting the current owner to finish the landscaping. He also thanked the Fire Marshall for assistance in getting five of the units secured with garage door installation. C. PEPPERWOLF—ALLIANT ACTION Ms. Pepperwolf said Alliant Action is a group of 30 to 50 citizens who exercise the right to assemble. She said they assemble every Wednesday from 7:00 to 8:00 a.m. at Alliantech to express their concern about the company's manufacture of weapons that are nondiscriminatory. She provided the Council with a packet of information on her group's activities. D. PETER ZELLE—PROPOSED ART CENTER Mr. Zelle said he also is a glass blower and, although he is not a resident of Eden Prairie, he feels the proposed Art Center would be a positive addition to the community. III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, APRIL 15, 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 I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:00 PM. II. COLOR GUARD /PLEDGE OF ALLEGIANCE Mayor Young thanked Brownie Troop 10914 from Cedar Ridge Elementary School for presenting the colors. III. OPEN PODIUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher moved, seconded by Aho, to approve the agenda. Motion carried 5-0. V. PROCLAMATIONS/PRESENTATIONS A. ARBOR DAY PROCLAMATION Mayor Young read a proclamation proclaiming May 3, 2008 as Arbor Day in the City of Eden Prairie. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,MARCH 18, 2008 MOTION: Duckstad moved, seconded by Nelson, to approve the minutes of the Council Workshop held Tuesday, March 18, 2008, as published. Motion carried 5- 0. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 18, 2008 MOTION: Aho moved, seconded by Duckstad, to approve the minutes of the City Council Meeting held Tuesday, March 18, 2008, as published. Motion carried 5-0. CITY COUNCIL MINUTES April 15, 2008 Page 2 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS Lotthammer said the next two items on the agenda relate to the proposed art center to be gifted to the City. He said in late 2007, the family of Roger Sampson approached City of Eden Prairie staff to offer a donation of a building that was once used by Roger Sampson as a private art center. At the January 22, 2008 City Council Meeting, the City Council directed the Arts and Culture Commission to research how to effectively operate a community arts center and make a recommendation back to the Council in sixty days. The Arts and Culture Commission formed a task force to research the art center. He acknowledged the people involved in the process that were present at tonight's meeting, including members of the Sampson family and members of the Arts and Culture Commission. He then introduced Ann Rorem, Chair of the Arts and Culture Commission, who gave the report of the Art Center Task Force. A. ART CENTER TASK FORCE REPORT Ms Rorem said the Art Center Task Force, made up of members of the Arts and Culture Commission, met almost weekly at the Sampson building over the past three months to research the art center. Working with Parks and Recreation Department staff, the Facilities staff, the Finance Department staff, local architect Dan O'Brien, and local art expert Barbara Kaerwar, the Task Force developed a mission statement, determined potential programming, researched the physical modifications needed to renovate the building, developed operating budgets, explored fundraising possibilities, and set up a timeline for the building renovation. She said they were often approached by residents who expressed their desire to participate in the center and their belief the facility will be a great asset to the City. Lotthammer said the Task Force looked at art centers in several other cities. Although it was difficult to compare the various art centers they visited, they found that the Sampson building works very well for instructional programs. He said funds will be required for the renovation and operating of the facility, noting code requires some modifications to the building for public use. He said the operating projections include revenue from fees for classes but does not include any money from grants or fundraising activities. Any fundraising would make the budget look even better. He noted they anticipate the art center could be completed by December of 2008 if the proposal is accepted. Nelson thanked the members of the Arts and Culture Commission for completing the rigorous meeting schedule and commended them for their attention to detail and their willingness to work on this project. Young said he was prepared to accept the Task Force report. He noted there was an occasional reference in the report to the use of General Fund dollars to pay for capital costs, and he thought it was important to keep open the issue of private fundraising of capital dollars to help fund the facility. He was also concerned that they appeared to contemplate adding to the Parks and Recreation staff, and he encouraged them to use the current staff before adding to the City payroll in order to complete this facility. CITY COUNCIL MINUTES April 15, 2008 Page 3 MOTION: Butcher moved, seconded by Nelson, to accept the Art Center Task Force Report dated April 15, 2008, as presented and submitted by the Arts and Culture Commission. Motion carried 5-0. B. SAMPSON PROPERTY DONATION (Resolution 2008-43) Butcher said she was aware that the furnishings on the inside of the building have been distributed and wondered if the small kiln was part of the distribution. Lotthammer said it was. Aho said he would like to discuss the cost of the facility a little more. He asked if the $326,000 would be a one time capital cost for renovations of the building. Lotthammer said it would be. Aho asked if there would be about $50-60,000 above the revenues from programs needed each year to operate the facility. Lotthammer said the difference between revenue and expenses would be in the mid-$70,000's without any grants or fundraising money. Nelson thought this is going to be a very economical place and she liked the figures they put together. She thanked the Sampson family because this will be a very good thing for the community. Residents have stopped her to tell her how much they look forward to this center. Duckstad said Mr. Lotthammer referred to the transfer of the property to the City. The resolution does not say anything about the City leasing the proposed gift to something like a non-profit corporation or a 501-C3, but he assumed that would still be permissible. Rosow replied the resolution is drafted to give the City wide discretion in use of the building and inherent in that concept is the ability to contract with others to provide services and leasing the building in total to a company to provide those services. Duckstad said he thought the report covered a lot of useful material, and he thanked them for their report. He also thanked the Sampson family for the generous gift. He noted the report pointed out in a couple of places that when they checked into funding donations some potential benefactors said they would restrict their giving to non-profit corporations similar to how it was done in Bloomington. Neal said he had a discussion with the Bloomington City Manager about this issue and there are funding agencies, trusts and foundations that have a stated restriction in their by- laws of only giving money to non-profits. That is one of the reasons the City of Bloomington formed a non-profit Friends of the Art Center group, and that is why we would recommend we form a similar group here. It is not unusual for libraries and art centers to have those kind of entities created. Duckstad said the inception of an art center in Eden Prairie is a good idea, however we do not have any funding donations that are actually committed at this time to help fund this initiative. Once the property is given to us, we have the job of attempting to raise money to operate it. Lotthammer said we would do that to attempt to offset operating costs. Duckstad asked who in the City would make sure there was every effort made to raise funds or set up some kind of an endowment to CITY COUNCIL MINUTES April 15, 2008 Page 4 pay for this. Lotthammer said the Task Force discussed having a person who is knowledgeable and experienced in the arts area who could help with contacting the funding community and who knows what grants are out there. It would be important to have someone that could go out and find those extra dollars and fit our niche into those grant applications, and it would be important to have someone who understands the art business. We have people coming to us about instructing, but we need someone who could discern quality and also negotiate a contract and work with the Finance Department. As they talked through it with the Task Force and staff, it was hard to see us taking it fully in-house. We looked at coming up with a good design plan but would like to have someone well qualified in this niche area. Duckstad noted the report showed a wide range of art forms, activities and programs and asked who would get to decide what we are going to put in the center. Lotthammer said the Task Force discussed that in a brain-storming session. They discussed what things were not being served now, such as pottery, glass blowing and metal working, all of which need dedicated space. The Task Force viewed those as things we would focus on and would stay with the current locations for some of the programming. They discussed working with home schools during the day and talked with MacPhail about using the center as a satellite service during the day. Some things will come to us,but some things we will have to event create. Duckstad asked if this is going to be operated by the Parks and Recreation Department in the beginning. Lotthammer said they thought that is the way to get it up and running and it seemed like the most logical way to do it in a responsible and quick fashion. Duckstad asked if they have considered doing a survey of the public as to what they want specifically. Lotthammer said it is possible to do a survey but he thought we have a good basic feel. He said it may be a matter of trial and error in the beginning, and he said any input and feedback from the public would be welcome. Duckstad asked if they had given any thought to whether there is a fund available in the City to take care of the startup costs. He asked if they would be willing to put off some of the other capital improvements long enough to get this program going without having additional operating expenses. Neal said we have a proposal for that. We have had a fund for the last five years called the Settlers West Fund which came to us as part of a development incentive grant. It has no restrictions and some of it was used to pay back some utility extension costs. There is $400,000 plus in our CIP that is un-programmed, and we can tap that fund for this sort of project; however, before we take that money we should look to the community for funding. We would like to be able to point to a vision of what we need money for before we go out asking for donations. Private parties are much better at raising money than is the City, so that is another reason to look at a"Friends of the Art Center" group to bring in private money. Young said he appreciated Council Member Duckstad's comments. He struggled with the idea of what to compare the art center to in terms of defraying the costs; CITY COUNCIL MINUTES April 15, 2008 Page 5 that is, is it like the Community Center and the 3rd sheet of ice, or more like the Senior Center and the Outdoor Center. He thought it has elements of both and his hope and expectation is that we move forward with some element of hope for private fund raising, short of relying on the General Fund. Butcher said, as a long-time museum curator, this is very exciting. She didn't know what it will be yet and that is the creative part of it. The art center will change over the years to meet the needs of the community and that is exciting. We have a long history of procuring grants in the City, so she is confident we will find the funding we need. This is a rare opportunity and a dream our community has had for a very long time. We have never before been able to have an art center idea come to fruition. She was delighted that Mr. Sampson found his way into the community and had this vision. We have a community of artists who have looked for a venue like this in which to teach, to exhibit, and to learn from other artists. She thought it is a perfect location for this to happen in our community. Neal said they had an opportunity to work with Council Member Duckstad about how to make this work and wanted to thank him for his good ideas on how to structure the deed and the contracts. Duckstad said he was in favor of the art center; however, as a Council Member he also has to represent the citizens of Eden Prairie. He was confident that many want an art center, but he recognized that we also have other needs. The community should have a wide and full opportunity to fund this, and he would hope that the Parks Department or anyone in the City that we can get will aggressively recruit and help in the funding effort. Young thanked the Sampson family for coming tonight and for making this opportunity available to us. He said he hoped we will have an art center that will honor the memory of Roger Sampson. MOTION: Nelson moved, seconded by Butcher, to adopt Resolution 2004-43 accepting the donation of the Sampson building and property for use as an art center. Motion carried 5-0. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT. (Ordinance No. 11-2008 amending Ordinance No. 5-2008-PUD-5-2008 & Resolution No. 08-44 amending Resolution No. 2008-31 by deleting the date of April 30, 2008 and replacing said date with June 15, 2008) C. AWARD CONTRACT FOR WELL #9 RECONDITIONING PROJECT TO BERGERSON-CASWELL CITY COUNCIL MINUTES April 15, 2008 Page 6 D. APPROVE AGREEMENT WITH TKDA FOR WEST 78TH STREET WATER MAIN RELINING PROJECT E. APPROVE 2008 GENERAL FUND BUDGET ADJUSTMENT F. ADOPT RESOLUTION NO. 2008-45 DECLARING THE CITY'S INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS G. ACCEPT THE 2007 GENERAL FUND FINANCIAL RESULTS AND APPROVE FUND TRANSFERS H. APPROVE JOINT AND COOPERATIVE AGREEMENT FOR LEASING SELF-CONTAINED BREATHING APPARATUS I. AWARD CONTRACTS FOR 2008 STREET MAINTENANCE MATERIALS, I.C. 08-5712 J. AWARD CONTRACT FOR 2008 STREET STRIPING TO HIGHWAY TECHNOLOGIES, INC., I.C. 085721 K. AWARD CONTRACT FOR 2008 BITUMINOUS CRACK SEALING TO PRECISION SEALCOATING, INC., I.C. 08-5724 L. ADOPT RESOLUTION NO. 2008-46 APPROVING MAINTENANCE AGREEMENT WITH MNDOT FOR THE CARDINAL CREEK TRAIL OUTLET STRUCTURE,I.C. 04-5621 M. APPROVE AMENDMENT TO THE 2008 CIP TO ADD WAYFINDING SIGNAGE AND POSTPONE ANDERSONLAKES PARKWAY/ HOMEWARD HILLS ROAD INTERSECTION PROJECT, I.C. 08-5716 N. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR WAYFINDING SIGNAGE, I.E. 08-5716 O. AWARD BID FOR RED ROCK LAKE PARK PLAY STRUCTURE TO CLEARWATER RECREATION LLC P. AWARD CONTRACTS FOR EMPLOYEE DENTAL INSURANCE COVERAGE TO HEALTHPARTNERS, LONG TERM DISABILITY COVERAGE TO NATIONWIDE INSURANCE SERVICES,AND LIFE INSURANCE COVERAGE TO CIGNA Q. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS MOTION: Nelson moved, seconded by Aho, to approve Items A-Q on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS CITY COUNCIL MINUTES April 15, 2008 Page 7 A. TOP DOG COUNTRY CLUB & VET CLINIC Request for: Planned Unit Development Concept Review on 3.03 acres, Planned Unit Development District Review on 3.03, Zoning District Amendment in the Commercial Regional Service District on 3.03 acres and Site Plan Review on 3.03. Location: 8040 Glen Lane. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) Neal said this item is being proposed to be withdrawn with the consent of the applicant. MOTION: Aho moved, seconded by Nelson, to close the public hearing and return the development plans to the proponent without prejudice. Motion carried 5-0. B. EDEN PRAIRIE MARKETPLACE RETAIL Request for: Planned Unit Development Concept Review on 1.25 acres, Planned Unit Development District Review on 1.25 acres, Zoning District Change from Rural to Commercial Regional Service on 1.25 acres and Site Plan Review on 1.25 acres. Location: Valley View Road& Prairie Center Drive (Resolution 2008-45 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change) Neal said official notice of this public hearing was published in the April 3, 2008,Eden Prairie News and sent to 10 property owners. The project is a 10,528 square foot retail building. A PUD waiver is required for a front yard parking setback waiver from 17.5 feet to 11.58 feet. The reduced setback allows for a rainwater garden along the north property line and a wider sidewalk at the base of the building. The 120-day review period expires on July 7, 2008. The Planning Commission voted 9-0 to recommend approval of the project at the March 24, 2008 meeting. Jeremiah said the site was originally approved for a bank and that proposal was withdrawn. She said this project with its neighborhood retail and services fits very well with the Major Center Area plans. She was not aware of any confirmed uses at this time,but staff believes it is a good fit for the area. There were no comments from the audience. MOTION: Duckstad moved, seconded by Nelson, to close the public hearing. Motion carried 5-0. Nelson said she was pleased they are going with a rain garden which serves as a way to take care of some of the runoff. Butcher said she also thought it was great they are trying the rain garden and asked if it is a requirement of the Watershed District. Dietz said since we are the Local Governmental Unit(LGU) for the Watershed District now we can require it. CITY COUNCIL MINUTES April 15, 2008 Page 8 Butcher said it appears there are four separate rain gardens and she was curious why we ended up with four. Dietz said he thought it is a tight site and the best we could do was break it up. He does not know a lot about rain gardens but Ms Stovring reviews these plans in detail and she has knowledge of them. These smaller sites were created years ago without this kind of thing in mind so they will have the rain gardens shoehorned in,but the concept of doing it is important enough to try. Butcher asked what the fallback would be if something about it were to be unsuccessful. Jeremiah said there will be a development agreement on this parcel that will deal with the issue of maintaining the rain garden and other issues. Dietz noted these tend to be on private property. Butcher asked if we are using these instead of a NURP pond. Dietz said we can use both. The rain garden reduced the quantity of water running off and the NURP pond deals with water quality. Butcher thought this will be an interesting test for us. Dietz said we have been putting them in most places, such as the LaMettry site and the new fire station. MOTION: Duckstad moved, seconded by Nelson, to adopt Resolution 2008-47 for Planned Unit Development Concept Review on 1.25 acres; and to approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to Commercial Regional Service on 1.25 acres; to direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. C. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70 RELATING TO TEMPORARY REAL ESTATE SIGNS Neal said official notice of this public hearing was published in the April 3, 2008,Eden Prairie News. He said the proposed change is to add another day and time period for temporary offsite directional signs used for selling or leasing a single property. This is a follow up to the discussion earlier this year regarding real estate signs. The proposed change would also allow two (2) temporary off-site directional signs to be located on private property with permission from the property owner between 9:00 a.m. and 3:00 p.m. on Tuesday. The existing code permits two (2) temporary off-site directional signs to be located on private property with the permission of the property owner from 10:00 p.m. Friday to 6:00 a.m. on Monday. Second reading of the ordinance is listed in the Ordinance and Resolution section of the agenda. He noted both readings of the ordinance require a unanimous vote of the Council to pass. The Planning Commission voted 8-0 to recommend approval of the code changes at the March 24, 2008 meeting. Jeremiah said when the issue last came before the Council we talked about a shorter time frame to have the signs out on Tuesdays. After further discussion, it seemed difficult for them to only have them out for two or three hours, so CITY COUNCIL MINUTES April 15, 2008 Page 9 that time period has been expanded a little and a public hearing has been held on that change. There were no comments from the audience. MOTION: Butcher moved, seconded by Duckstad, to close the public hearing and to approve 1st Reading of the Ordinance amending City Code Section 11.70 relating to temporary real estate signs. Motion carried 5-0. D. VACATION OF RIGHT-OF-WAY EASEMENT OVER PART OF EDEN ROAD,VACATION 08-01 (RESOLUTION 2008-48) Neal said official notice of this public hearing was published in the March 27, 2008,Eden Prairie News and sent to 3 property owners. He said the property owner has requested the vacation of the public right-of-way easement over a part of Eden Road to facilitate the proposed Windsor Plaza development plan. The requested vacation will remove the underlying encumbrance consisting of the right- of-way easement for a portion of Eden Road to accommodate the Windsor Plaza development project. The Windsor Plaza project consists of a mixed use office, retail and restaurant uses. The project will provide cross-access to the existing uses that will continue to take access from Eden Road. Dietz said this is a housekeeping item. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing and to adopt Resolution 2008-48 vacating the public right-of-way easement over part of Eden Road. 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 A. SECOND READING OF ORDINANCE NO. 12-2008 AMENDING CITY CODE SECTION 11.70 RELATING TO TEMPORARY REAL ESTATE SIGNS Neal said this is second reading of the ordinance just approved in Item IX.C. and requires a unanimous vote of the Council to approve. MOTION: Nelson moved, seconded by Aho, to approve 2nd Reading of Ordinance No. 12-2008 amending City Code Section 11.70 relating to temporary real estate signs and adopt resolution approving summary publication. Motion carried 5-0. CITY COUNCIL MINUTES April 15, 2008 Page 10 B. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70 RELATING TO DYNAMIC DISPLAYS Neal said this item has been before the Council a couple of times this year and the Council has provided feedback to staff both times. He said staff has amended the ordinance in the following areas: 1. Dynamic display would be permitted in the TC-C (commercial) district of the Town Center. There are 3 sub-districts of the Town Center, including commercial, mixed use and residential. Dynamic display would be prohibited in the TC-MU (mixed use) and TC-R(residential) districts of the Town Center. 2. Dynamic display would be permitted in the Public (PU) district. This would apply to schools,parks, and churches. 3. Allow 35% of a sign area to be dynamic. There are signs with dynamic display in the City. The amount of dynamic display per sign varies from 15- 35% of the sign area. The City of Minnetonka allows a dynamic display to occupy no more than 35 percent of the actual copy and graphic area. 4. Certification of Brightness. This is a written certification from the manufacturer that the sign conforms to city brightness standards. Jeremiah said she wanted to point out the addition regarding enforcement which is a compromise. If there are complaints, staff would use the less expensive light meter to check it out, but if we believe there may be a violation then we would ask the sign manufacturers to use their own more expensive equipment to measure the brightness. Young said when we last discussed dynamic displays there was discussion about what happens if a request for a dynamic display sign is submitted during the interim period. The response received was that our current ordinance does not allow dynamic displays so there was no fear of that. Rosow said that was correct. Young said he understood that the City's sign at Purgatory Creek was a dynamic display and asked if that is an illegal sign. Rosow said because this is a zoning matter there are several pre-existing signs in the community that are considered legal non-conforming signs and the City sign is one of those. He thought the City was going to comply with its own ordinance. He noted the issue of dynamic displays came in during the Advance Media litigation. Young asked if we can expect the manufacture to provide a written certification and then to help enforce the ordinance. Jeremiah said she understood that they can and will provide that certification. Duckstad asked if they will charge the City for the certification. Jeremiah said they will provide it without charge to the City as part of the permit process. Neal said they have to demonstrate to us they are in compliance. CITY COUNCIL MINUTES April 15, 2008 Page 11 Rosow noted it is not necessary for the Council to remove the item from the table and reopen discussion as part of the motion. Young asked if we have already had a Public Hearing. Rosow said there was a Public Hearing the first time it was brought to the Council, and the Council continued to have discussion of the item at subsequent meetings. MOTION: Butcher moved, seconded by Duckstad, to approve 1st Reading of the Ordinance amending City Code Section 11.70, relating to dynamic displays. Motion carried 5-0. C. SECOND READING OF ORDINANCE NO. 10-2008 AMENDING CITY CODE SECTION 11.70 RELATING TO DYNAMIC DISPLAYS AND ADOPTING RESOLUTION NO. 2008-49 APPROVING SUMMARY ORDINANCE Neal said the Council just approved first reading of this item and noted it must be approved by a unanimous vote. MOTION: Aho moved, seconded by Duckstad, to approve 2nd Reading of Ordinance No. 10-2003 amending City Code Section 11.70, relating to dynamic displays and adopt Resolution No. 2008-49 approving summary publication. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. City Manager Performance Review Per the Council's direction,Neal said he engaged Mr. Bruhl from PDI to do the review. He is seeking feedback from City Council members and City employees.Neal said the next Council workshop will be a closed session for the Council to meet with Mr. Bruhl. He noted Mr. Bruhl will also attend the next Council meeting. Young said he thought all of the Council Members should have been contacted to provide their feedback. Butcher asked when that is due. Neal said it is due by April 21. 2. April Chamber of Commerce Meeting Neal said he received an announcement from Pat Mulqueeny that Governor Pawlenty will speak at the June 18 Chamber luncheon. CITY COUNCIL MINUTES April 15, 2008 Page 12 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 Rosow said the Court of Appeals announced their decision today on a case that was prosecuted by the City. The case arose out of a DWI arrest and prosecution. Recently the defense to these actions has included a request for the source code of the intoxilyzer machine. The request is made because the company that sold the machines to the states has refused to give out the source code, so the request from the defense is difficult to honor. The state has brought a law suit against the manufacturer to obtain the source code. The Court of Appeals affirmed the action of the District Court which convicted the individual and disallowed the defense that the individual was not allowed access to the source code because there were other means of testing the reliability of the machine. He said we are likely to see a request for the Supreme Court to review this because this is a battle that is actually going on across the United States. XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 8:15 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 6, 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 Beer Organization: Eden Prairie Noon Rotary Event: Festival of Jazz on the Prairie Date: June 8, 2008 Place: Purgatory Creek Recreation Area - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 6, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Sue Kotchevar, Office of the Automated Teller Machine (ATM) City Manager/Finance Installation at the Community Center Requested Action Move to: Approve lease agreement with Flagship Bank to install an Automated Teller Machine (ATM) at the Community Center. Synopsis Flagship Bank will install at no cost to the City, an Automated Teller Machine (ATM) at the Community Center. The lease shall be for a period of three years, commencing on the first day of the month following the ATM installation. Attachments ATM Lease Agreement ATM LEASE AGREEMENT This agreement made May 6, 2008 by and between the City of Eden Prairie Community Center, 16700 Valley View Road, Eden Prairie, MN 55344 referred to below as "Lessor" and Flagship Bank Minnesota, 7525 Office Ridge Circle, Eden Prairie, MN 55344, referred to below as "Flagship Bank." The parties agree that Flagship Bank shall install an Automated Teller Machine and/or cash dispensing machine and the Lessor will grant a lease to Flagship Bank to install said machine on its premises. In consideration of the mutual covenants contained in this agreement and for other good and valuable consideration, the parties agree as follows: 1. Flagship Bank will install, without cost to the Lessor, one (1) cash dispensing machine and/or automated teller machine (ATM). 2. The Lessor aggress to provide 20 amp electrical service on a dedicated circuit and assist in the location and providing of a telephone data line. (Cost of phone line will be charged to the Lessor). 3. The relationship of the Lessor and Flagship Bank under this Agreement sill be that of Lessor and Lessee. Under no circumstances will the relationship between the parties be construed to be that of a joint venture or co-partners. 4. The ATM will be properly serviced (including cash) and maintained by Flagship Bank or its agents, with no cost to the Lessor. Flagship Bank will use its best effort to keep the ATM in full operating condition. Should the ATM remain inoperative for a period in excess of thirty (30) days (except where said delay is due to a bona fide `force majeure' condition or is beyond the reasonable control of Flagship Bank), Lessor shall have the right to terminate this Agreement on thirty (30) days written notice to Flagship Bank. 5. The term of the Lease Agreement will be for a period of three (3) years commencing on the first day of the month following the installation of the Automated Teller Machine and/or cash dispensing machine and the Lease Agreement cannot be terminated except as provided below. On the expiration of the original term of this Lease as provided in agreement, this Lease shall automatically renew on a month-to-month basis unless a thirty (30) day written notice is given by either party to the other of their intent to terminate the term of this Lease. Premises is defined as all exclusive space owned by the City and not leased to third parties, and all non-exclusive common space operated and maintained by the City. The City cannot make any representation about locating other ATM's in exclusive, leased space to third parties, including C. H. Robinson and Independent School District#272. Page 1 of 2 6. The machine is, and shall remain the property of Flagship Bank at all times and Flagship Bank reserves the right to remove the machine after first giving the Lessor thirty (30) days written notice, if it is maliciously damaged. 7. There will be no exterior signage advertising the ATM, and any indoor signage will occur in such places and size, location, and design as approved by the City. 8. All employees, personnel, representative or agents of Flagship Bank doing any maintenance work or service on the machine shall be given reasonable access to the machine during normal business hours. 9. Flagship Bank will assume full responsibility and liability for the equipment, installation, security, contents, and function of the ATM. Flagship Bank agrees to indemnify and defend the Lessor from any claim or suit for liability or responsibility for the equipment, contents, security, and functions associated with the use of the ATM; or, any event arising from the use of the ATM. 10. The Lessor will provide space to Flagship Bank or its agents to balance the machine and count cash. 11. All notices required under this Lease will be in writing and sent registered or certified mail to: If to Lessor: City of Eden Prairie Attention: Michael Barone 8080 Mitchell Road Eden Prairie, MN 55344 If to Flagship Bank: Flagship Bank Minnesota Attention: 7525 Office Ridge Circle Eden Prairie, MN 55344 Agreed to and accepted by: c_s=' Mayor, City of Eden Prairie Elaine Eckstein, VP Operations Flagship Bank City Manager, City of Eden Prairie Witness Date Page 2 of 2 ATM LEASE AGREEMENT This agreement made May 6, 2008 by and between the City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, MN 55344 referred to below as "Lessor" and Flagship Bank Minnesota, 7525 Office Ridge Circle, Eden Prairie, MN 55344, referred to below as "Flagship Bank." The parties agree that Flagship Bank shall install an Automated Teller Machine and/or cash dispensing machine and the Lessor will grant a lease to Flagship Bank to install said machine on its premises. In consideration of the mutual covenants contained in this agreement and for other good and valuable consideration, the parties agree as follows: 1. Flagship Bank will install, without cost to the Lessor, one (1) cash dispensing machine and/or automated teller machine (ATM). 2. The Lessor aggress to provide 20 amp electrical service on a dedicated circuit and assist in the location and providing of a telephone data line. (Cost of phone line will be charged to the Lessor). 3. The relationship of the Lessor and Flagship Bank under this Agreement sill be that of Lessor and Lessee. Under no circumstances will the relationship between the parties be construed to be that of a joint venture or co-partners. 4. The ATM will be properly serviced (including cash) and maintained by Flagship Bank or its agents, with no cost to the Lessor. Flagship Bank will use its best effort to keep the ATM in full operating condition. Should the ATM remain inoperative for a period in excess of thirty (30) days (except where said delay is due to a bona fide `force majeure' condition or is beyond the reasonable control of Flagship Bank), Lessor shall have the right to terminate this Agreement on thirty(30) days written notice to Flagship Bank. 5. The term of the Lease Agreement will be for a period of three (3) years commencing on the first day of the month following the installation of the Automated Teller Machine and/or cash dispensing machine and the Lease Agreement cannot be terminated except as provided below. On the expiration of the original term of this Lease as provided in agreement, this Lease shall automatically renew on a month-to-month basis unless a thirty (30) day written notice is given by either party to the other of their intent to terminate the term of this Lease. Premises is defined as all exclusive space owned by the City and not leased to third parties, and all non-exclusive common space operated and maintained by the City. The City cannot make any representation about locating other ATM's in exclusive, leased space to third parties, including C. H. Robinson and Independent School District#272. Page 1 of 2 6. The machine is, and shall remain the property of Flagship Bank at all times and Flagship Bank reserves the right to remove the machine after first giving the Lessor thirty (30) days written notice, if it is maliciously damaged. 7. There will be no exterior signage advertising the ATM, and any indoor signage will occur in such places and size, location, and design as approved by the City. 8. All employees, personnel, representative or agents of Flagship Bank doing any maintenance work or service on the machine shall be given reasonable access to the machine during normal business hours. 9. Flagship Bank will assume full responsibility and liability for the equipment, installation, security, contents, and function of the ATM. Flagship Bank agrees to indemnify and defend the Lessor from any claim or suit for liability or responsibility for the equipment, contents, security, and functions associated with the use of the ATM; or, any event arising from the use of the ATM. 10. The Lessor will provide space to Flagship Bank or its agents to balance the machine and count cash. 11. All notices required under this Lease will be in writing and sent registered or certified mail to: If to Lessor: City of Eden Prairie Attention: Michael Barone 8080 Mitchell Road Eden Prairie, MN 55344 If to Flagship Bank: Flagship Bank Minnesota Attention: 7525 Office Ridge Circle Eden Prairie, MN 55344 Agreed to and accepted by: Mayor, City of Eden Prairie Elaine Eckstein, VP Operations Flagship Bank City Manager, City of Eden Prairie Witness Date Page 2 of 2 CITY COUNCIL AGENDA DATE: May 6, 2008 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Paul Sticha, Office of the City Asphalt Overlay for portions of City Manager, Facilities Center and Fire Station 5 parking lots. Requested Action Move to: Accept Base Bid and Alternates G1, G2, G3 from Northwest Asphalt, Inc. Synopsis City Hall Alternates (G1, G2, G3) Total Northwest Asphalt, Inc $99,690.00 $216,225.00 $315,915.00 Minnesota Roadways Co $102,856.38 $223,433.38 $326,289.38 Background Information Specifications were written by Environmental Process Inc (EPI) and a request for bids was published in Sun Newspapers. One bidder attended the pre-bid meeting on March 25 held by EPI and City of Eden Prairie staff. Bids were opened and read aloud at 10:30 am on Thursday April 3, 2008 in the Council Chamber at City Hall. Work includes asphalt overlay of the parking lot at Station 5 (Building 51), and the two most western parking lots of the City Center. Budgeted amounts for Asphalt Replacement in 2008 is $150,000 and in 2009 $165,000 for a combined amount of$315,000. We have requested to combine the 2008 and 2009 CIP projects because of the deterioration of the two lots adjacent to the City Center along with the cost savings by combining all 3 projects. Work will be done between June 16 and August 15,2008. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 6, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Police Department Resolution Declaring "Abandoned Property" Lieutenant James Morrow Requested Action Move to: Adopt resolution declaring property as "abandoned property." Synopsis The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment, and miscellaneous items that remain unclaimed. City Code 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a resolution by City Council to declare unclaimed property that has been in the possession of the City for over 90 days as "abandoned property." Background Information In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days. In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like to dispose of this property by sale to the highest bidder on www.propertyroom.com through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police Department would like to convert certain items for City use. Attachments Abandoned Property CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- DECLARATION OF ABANDONED PROPERTY WHEREAS, City Code 2.86 Subd. 2 requires adoption of a resolution by City Council to declare unclaimed property such as bicycles, stereo/electronic equipment, and miscellaneous items as "abandoned property;" and WHEREAS, the property has lawfully come into the possession of the City in the course of municipal operations; and WHEREAS,the property remains unclaimed by the owners; and WHEREAS,the property has been in the possession of the City for over 90 days. NOW THEREFORE, BE IT RESOLVED that the City of Eden Prairie declares the unclaimed property as "abandoned property." ADOPTED by the City Council on May 6, 2008. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk POLICE Exhibit A , EDEN 'RAMIE Abandoned Property for Auction Category Case Number Description Bicycle (B) 2007010767 Giant Rincon, Green, Mens Mtn Bicycle Bicycle (B) 2007012116 Omega MT1800 Mens Bicycle, Black/Orange, 18-speed Bicycle (B) 2007012116 Huffy Hotwire, Red/BLK/WHI Boys Bicycle, w/Yel Pads Bicycle (B) 2007013230 Giant Boulder Mens Blue Bicycle w/Rack on Back Bicycle (B) 2007013231 Schwinn Ranger Mens MTN Bicycle, Blk/Sil/Whi, w/Bottle/Holder Bicycle (B) 2007015656 GT Outpost Mtn Bike, Green w/lock, All Terra GT Bicycle (B) 2007016161 Next Wipe Out Boys Bike, Red/Blk/Whi, Dynacraft Bicycle (B) 2007018029 Triax PK7 21-Speed Mtn Bike, Gray/Grn/Blk w/shocks, Aluminum Frame Bicycle (B) 2007019217 Giant Upland Green Mtn 10-Speed Bicycle, Mens Bicycle (B) 2007019394 "Dr Pepper" Logo, Mtn Bike, Red &White Bicycle (B) 2007019401 Schwinn PowerMatic BMX Bike, Silver/Red/Black Bicycle (B) 2007020083 Magna Great Divide Blue/Silver/Black Mtn Bike Bicycle (B) 2007020511 Schwinn Predator, Blue Boys Bike Bicycle (B) 2007021391 GT Santa Ana California Bicycle w/Eric's Bike Shop Sticker Bicycle (B) 2007021746 Magna Glacier Point, Purple & Green 10-spd Mtn Bike Bicycle (B) 2007021979 Giant MTX Silver Mtn Bike (or MCX) Bicycle (B) 2007024371 Magna "Glacier Point" 12 Speed, Blue/Green Bicycle (B) 2007024717 #01 - Mongoose FS1, Dull Green, Trick Boys Bike Bicycle (B) 2007024717 #02 - Haro F2 Senes, Silver, Boys BMX Bike Bicycle (B) 2007025171 Magna Anza Green Bicycle, front shocks Bicycle (B) 2007025322 Roadmaster Mt Fury, Sil/Blk/Red w/Bell Bike Lock under Seat Bicycle (B) 2007025872 Huffy SeaStar Small Girls Bike w/pink handlebars/ pedals &white tires Bicycle (B) 2007025884 Pacific Hammer-Jammer Boys Bike, Silver, (1) Broken Brake & Flat Tire Bicycle (B) 2007025938 Games/MotoBike, Red Bicycle (B) 2007026467 Slash FS T-18 Boys Trick/BMX bike, Silver/Red Bicycle (B) 2007026903 BPK7 Vertical 24" Mens Bike, Sil/Maroon/Blk, Mtn Bike Bicycle (B) 2007027705 Magna Northern Cascade Mens Red Bicycle w/Red Lock& Bottle Holder Bicycle (B) 2007027793 Ambush Flatlander Kent Bicycle, White, Boys Trick/BMX Bicycle (B) 2007028174 Ironhorse Rodeo Boys Bike, Blue/Silver, broken pedal Bicycle (B) 2007028427 Haro Backtrail X2, Silver Bicycle Bicycle (B) 2007029428 Girls Trek Mountain Track 220, Purple Bicycle Bicycle (B) 2007029722 Magna Malibu Girls Bicycle, Purple & Pink Bicycle (B) 2007031146 Mongoose XR200 Silver/Red/Blk-21 speed Mens w/Cable Lock Bicycle (B) 2007033455 Haro TR21 Boys Bike, Red Bicycle (B) 2007033462 Vertical PK7 Aluminum, Silver in Color w/Cable Lock Bicycle (B) 2007034422 HotRock Specialized Mtn Bike, Orange/Blk/Whi - Good Frame Bicycle (B) 2007034741 GT Outpost Trail Bike, Blue, Tear on Seat Bicycle (B) 2007035659 Roadmaster Mt Fury, Blue w/Whi/Blk/Sil - Mens Mtn Bike Bicycle (B) 2007036195 Magna Great Divide, White/Blk/Orange Bicycle (B) 2007036729 Magna BMX Style Boys Bike, Grey, Trek Seat w/White Paint on it Bicycle (B) 2007036945 Mongoose Ravage, Blue, Boys Bike Report Date: 4/30/2008 1 POLICE Exhibit A , EDEN 'RAMIE Abandoned Property for Auction Category Case Number Description Bicycle (B) 2007037924 Huffy"Rock It" Boys Bike, Blue/Red Bicycle (B) 2007039208 Magna Great Divide Bicycle, Girls, Silver/Purple Bicycle (B) 2007039397 Vertical 20 R"Slider" Boys BMX Bicycle, Silver Bicycle (B) 2007042553 Diamond Back Sherwood Bicycle, Blue, Mens, Light on Handlebars Bicycle (B) 2007043900 Diamond Back Outlook Bicycle, Red/Blk/Whi/Sil, Good Shape Bicycle (B) 2007045569 Mongoose Outer Limit BMX, Blue Bicycle Bicycle (B) 2007046372 Next Power Climber, Purple, 18 speed Mtn Bicycle Bicycle (B) 2007048369 Diamond Back Nitrus Boys Bicycle, Blue/Black/Silver Bicycle (B) 2007049915 Haro Mini Bone Small Boys Bike, Blue Bicycle (B) 2007051649 Mongoose BMX Style Small Boys Bike, Black w/Blue Letters Bicycle (B) 2008000466 Royce Union Vivid Pink Girls Bicycle #of Items 52 Camera Bag 2006043186 Samsonite Black Camera Bag Camera (C) 2006043186 Minolta 35mm Maxxum 300si Camera w/no lens Camera (C) 2006043186 Nikon 35mm One Touch 100 Camera Camera (C) 2006043186 Nikon 35mm One Touch 200 Camera #of Items 4 Shoes (D) 2003034913 Brown Hiking Boots w/Brown Rubber Soles Clothing (D) 2007032430 #01 - Old Navy Bag w/New Clothing Clothing (D) 2007033350 Pg 01 -#01 -Small Wal-Mart Bag w/Childrens Clothing Clothing (D) 2007033350 Pg 01 -#02-Small Wal-Mart Bag w/Childrens Clothing Shoes (D) 2007033350 Pg 01 -#03- (1) Pair of Reebok Shoes, White Clothing (D) 2007033350 Pg 01 -#05- (4) Girls Jeans #of Items 6 Gun - Other (G) 2007099999 (22) Black Plastic Rifle/Gun Cases Gun - Other (G) 2007099999 (1) Black Cloth Rifle Case #of Items 2 Ring (J) 2006046654 #3 - (2) Rings-Wedding Band Set- Female Sil/Yel & Clear Stones Watch (J) 2007036221 Burberry Watch - "To Jon" and dated "5/26/06", Black Face/Band, Silver #of Items 2 Clothing (D) 2007033350 Pg 01 -#04 - (3) Undergarments for women #of Items 1 Purse (P) 2006010476 Purse #of Items 1 Car Stereo (R) 2006031709 #8 - Pioneer DEH-P2600 Car Stereo CD Player(R) 2006031709 Pg 2 -#10 - Panasonic SL-SX330 CD Player Ipod (R) 2006046654 #5-Apple iPod w/Case, 30GB Walkman (R) 2006046654 #16 - CD Player, Sony Walkman #of Items 4 Report Date: 4/30/2008 2 POLICE Exhibit A EDEN alRlE Abandoned Property for Auction Category Case Number Description Depthfinder(S) 2004013588 (1) Hummingbird Depth Finder Duffle Bag (S) 2006002130 #14 - Black Duffle Bag Pool Cue 2006046654 #68 - Pool Cue Case/Cue Golf Bag/Equipment (S) 2007028665 Pg 01 -#01 - Pro Pride Z-Club Stainless Steel Golf Club - 7 Golf Bag/Equipment (S) 2007028702 Pg 01 -#01 - Dual Line Target System Knight Golf Club DL4 Skateboard (S) 2007031627 Gravity Skateboards, 47th Hyper Carve Golf Bag/Equipment (S) 2007032824 #1 -Taylor Made Golf Bag w/ Umbrella Golf Bag/Equipment (S) 2007032824 #2 - (6)Wilson Wedges- P,3,4,5,6,7,8,9 #of Items 8 Currency- Cash/Coin 2006046654 #61 - Foreign Coin (Canadian/French?) (T) Currency-Coins 2008005932 Items 8 - (14) Misc Foreign Coins #of Items 2 Drill (X) 2006031709 #5- Makita HP1501 Drill Tools-Other (X) 2007003351 #2 -Xantex Power Inverter Battery Charger(X) 2007003351 #3 - Energizer Battery Charger w/Adapter Flashlight (X) 2007003351 #4 - GreatLand Flashlight Flashlight (X) 2007003351 #5- Craftsman Endurable Flashlight Tools-Other (X) 2007006872 Pg 2 -#3 - (5) Lugnuts Jack Stand 2007006872 Pg 2 -#4 - Crossroad II Jack Stand Jack Stand 2007006872 Pg 2 -#5 - Crossroad II Jack Stand Jack Stand 2007006872 Pg 2 -#6 - Crossroad II Jack Stand Jack Stand 2007006872 Pg 2 -#7 - Crossroad II Jack Stand Jack Stand 2007006872 Pg 2 -#8 - Crossroad II Jack Stand Hydraulic Lift 2007006872 Pg 2 -#9 - MVP Hydraulic Lift Hydraulic Lift 2007006872 Pg 2 -#10 - MVP Hydraulic Lift Tools-Other (X) 2007006872 Pg 2 -#11 - Lugnuts Tools-Other (X) 2007032824 #4 - Craftsman Plastic Case Tool Kit w/Sockets, etc. Saw(X) 2007033754 Pg 01 -#02- Ryobi Reciprocating Saw& Blades #of Items 16 DVD (Y) 2003016648 DVD = "0" DVD (Y) 2003016648 DVD = "40 Days and 40 Nights" DVD (Y) 2003016648 DVD = "Super Troopers" Radar Detector(Y) 2003016648 Sensoro Alpha Radar Detector&Adapter Radar Detector(Y) 2003016648 Sensoro Alpha Radar Detector&Adapter(New in Box) DVD (Y) 2003016648 DVD = "Thirteen Ghosts" Paper/Receipts/Misc(Y) 2006031709 #21 -Sports Cards Paper/Receipts/Misc(Y) 2006031709 #22 - Sports Cards CD Case (Y) 2006046654 #52 -27 CD's in Wood Crate Shovel 2007003247 Shovel Chair 2007009324 Folding Chair(Blue) & Case Shovel 2007009324 Yellow Flat Blade Shovel Report Date: 4/30/2008 3 POLICE Exhibit A , EDEN 'PRAIRIE I Abandoned Property for Auction Category Case Number Description Cushions 2007032711 (4) Lawn Furniture Cushions #of Items 13 111 Report Date: 4/30/2008 4 poircE Exhibit B " ^EDEN ., Abandoned Property for Conversion for City Use PRAIREE MINNESOTA Category Case Number Description Conversion Purpose Bicycle (B) 2007045505 Mongoose Butterfly Summer, Bright EPPD Use Blue & Pink, Small Girls Bike, White Tires Bicycle (B) 2007052470 Roadmaster Mt Fury Girls Mtn Bike, EPPD Use Purple #of Items 2 Memory Stick 2004043735 Pg 2 -#11-A- Sony Memory Stick Pro EPPD Use Duo 256 MB Camera (C) 2005011278 Sony Digital Camera Pg 4#21a City of Eden Prairie #of Items 2 Liquor(E) 2007017667 Pg 01 -#02 - Keg#18642 Eden Prairie Liquor Store Liquor(E) 2007017667 Pg 01 -#03- Keg#5489 Eden Prairie Liquor Store #of Items 2 Fan 2005025315 #15 - Enviracaire Fan EPPD Use Fire Extinguisher (H) 2008000847 Pg 01 -#01 - (3) Fire Extinguishers EP Fire Dept #of Items 2 Computer, Laptop (0) 2005003502 Pg 1G - 1A Dell Laptop Computer EPPD Use Computer, Laptop (0) 2005003502 Pg 1G -2 - Dell Laptop Computer EPPD Use Computer, Laptop (0) 2005003502 Pg 3G - 11 - Dell Laptop Computer& EPPD Use Battery Computer, Laptop (0) 2005003502 Pg 5H - 15- Dell Laptop Computer EPPD Use Computer, Mouse (0) 2005025315 Computer Mouse- Model Name: EPPD Use SAGM002 (not inventoried) Computer, Other(0) 2005025315 USB2 Hi-Speed Cable (not EPPD Use inventoried) Copy Machine (0) 2005025315 #20 - Canon Copier PC428 EPPD Use Computer, Laptop (0) 2005025315 #21 -Toshiba Laptop & Blk Case EPPD Use includes Lexar Plat 512MB SD Card Computer, Hard drive (0) 2005025315 #8 - Lexar Jump Drive EPPD Use Computer, Monitor(0) 2005025315 #10 -Sony Monitor EPPD Use Computer, Terminal (0 2005025315 #11 - Gateway Tower EPPD Use Computer, Speakers (0) 2005025315 #13 - Gateway Speakers G-Max 2000 EPPD Use Computer, Laptop (0) 2005036579 #1&2 - Sony Vaio w/Battery Charger, EPPD Use Mouse, Headphones & Case Adapter 2005036579 #3 -Wireless Notebook Adapter EPPD Use Report Date: 4/30/2008 1 poircE Exhibit B ^EDEN .� Abandoned Property for Conversion for City Use PRAIREE MINNESOTA Category Case Number Description Conversion Purpose Computer, Laptop (0) 2005036579 #19 -Sony Vaio Mini Notebook EPPD Use w/carrying case & powercords Computer, Other(0) 2005036579 #13A- (2) Dell Misc Chargers EPPD Use Computer, Monitor(0) 2007018345 Pg 02 -#143- NEC 42" Monitor, Model EPPD Use PX-42VP4DA (no serial number) Cellular Phone (0) 2007024969 Pg 01 -#05- Palm Treo 200P Cell EPPD Use Phone Cellular Phone (0) 2007033754 Pg 02-#04 - Blackberry 8800 EPPD Use Palm Pilot (0) 2007033754 Pg 02-#05-Treo 680 Palm Pilot EPPD Use #of Items 20 Briefcase (P) 2005036579 #15 -Silver Brief Case EPPD Use #of Items 1 Display Monitor 2005011278 Fujitsu 42" Plasma TV, Pg 4#1 EPPD Use Display Monitor 2005011278 Panasonic HD Plasma Display- Pg 4 Eden Prairie Fire Department #2 Speaker(s) (R) 2005011278 Fujitsu Speaker- Pg 4#5 EPPD Use Speaker(s) (R) 2005011278 Fujitsu Speaker, Pg 4#6 EPPD Use Radio (R) 2005013816 Motorola Talkabout Radios EPPD ERU Global Positioning System (GP2005013816 GPS - Garmin Handheld EPPD ERU Video Camera (R) 2007033372 #01 -Aiptek Video Camera, Model SWHDTF DZO-V3T Television (R) 2007033754 Pg 01 -#01 -Visio TV EPPD Use Tape Recorder (R) 2007033852 Pg 01 -#03-Silver Sony Tape EPPD Use Recorder Radio (R) 2007048459 Pg 01 -#01 - Motorola HT 1250 EP Fire Dept Portable Radio #of Items 10 Currency- Cash/Coin (T) 2001007727 Pg 10-#01 -$.29 in change City of Eden Prairie Currency- Cash/Coin (T) 2002029080 Pg 1 -#2 - $540.00 Currency- Cash/Coin (T) 2002029080 Pg 2 -#1 - $540.00 Currency- Cash/Coin (T) 2005011278 $3,500 in Cash City of Eden Prairie Currency- Cash/Coin (T) 2005011278 $3,992.04 Cash in TCF Envelope - Pg City of Eden Prairie 7#17 Currency- Cash/Coin (T) 2005025315 #47 - Misc Change .43 City of Eden Prairie Currency- Cash/Coin (T) 2006010476 $1.11 -from inside purse City of Eden Prairie Report Date: 4/30/2008 2 poircE Exhibit B ^EDEN .� Abandoned Property for Conversion for City Use PRAIREE MINNESOTA Category Case Number Description Conversion Purpose Currency- Cash/Coin (T) 2006031709 #14 & 15 = Cash & Coin City of Eden Prairie Currency- Cash/Coin (T) 2007009830 $57 Cash City of Eden Prairie Currency- Cash/Coin (T) 2007014967 $7 in Cash City of Eden Prairie Currency- Cash/Coin (T) 2007024969 Pg 01 -#01 -Cash/Change -$18.20 City of Eden Prairie Currency- Cash/Coin (T) 2008002836 Pg 01 -#01 -$495 in Cash City of Eden Prairie Wallet/Billfold (P) 2008005932 Items 1-4- $432.02 in Cash &Coin City of Eden Prairie #of Items 13 Memory Card 2005025315 #34 (partial)- Memory Card EPPD Use #of Items 1 Tools-Other (X) 2004025944 Pliers City of Eden Prairie Screwdriver(X) 2004025944 Screwdriver, Wiha 308, Flathead, City of Eden Prairie Red/Blk Handle Drill (X) 2004025944 Ryobi Electric Drill, 12.0v w/Battery City of Eden Prairie Pack Tools-Other (X) 2004030836 Pg 2 -#15 - Small Black Bag w/Misc City of Eden Prairie Tools Tools-Other (X) 2004030836 Pg 2 -#8 -XBox Black Canvas Bag City of Eden Prairie w/Misc Tools Tools-Other (X) 2004030836 Pg 2 -#13 - Box w/Misc Tools City of Eden Prairie Screwdriver(X) 2004030836 Pg 2 -#20 &21 - (2) Screwdrivers, City of Eden Prairie Flat-Tip &Wire Cutters Flashlight (X) 2004030836 Pg 2 -#22 - Flashlight, Silver, Mini City of Eden Prairie Mag Light w/Black Nylon Holder Scale- Electronic(X) 2005000030 Pg 01A-#05a - US Balance SWHDTF US-MS200 Digital Scale w/Black Case Scale- Electronic(X) 2005000607 Pg 1 C-#11 - Digital Scale SWHDTF Flashlight (X) 2005013816 (2) Flashlights EPPD ERU Tools-Other (X) 2005013816 (2) Pliers EPPD ERU Prybar 2005013816 Prybar EPPD ERU Tools-Other (X) 2005013816 "EZ Breakout" Center Punch EPPD ERU Tools-Other (X) 2005053397 Wrecking Bar- Pry Bar City of Eden Prairie Scale- Electronic(X) 2006002602 3A2 - Scale SWHDTF Hammer (X) 2006006138 Hammer City of Eden Prairie Tools-Other (X) 2006015531 #10 -Winchester Utility Tool EPPD Use Screwdriver(X) 2006029768 11,12,13 - Screwdrivers City of Eden Prairie Report Date: 4/30/2008 3 poircE Exhibit B " ^EDEN ., Abandoned Property for Conversion for City Use PRAIREE MINNESOTA Category Case Number Description Conversion Purpose Tools-Other (X) 2006029768 14 - Rachet City of Eden Prairie Scale- Electronic(X) 2006030011 Fuzion Digital Drug Scale & Sleeve SWHDTF Flashlight (X) 2006031709 Pg 2 -#7 - Flashlight City of Eden Prairie Tools-Other (X) 2006043560 #3 -Vice Grips City of Eden Prairie Tools-Other (X) 2006046654 #6 - Chisle EPPD Use Screwdriver(X) 2007003351 #6 - (2) Screwdrivers City of Eden Prairie Miter Box (X) 2007021765 #01 - Ryobi 10" Miter Box, Blue/Silver City of Eden Prairie Air Compressor (X) 2007021765 #02 - BlackCat Rovac BC2502 Air City of Eden Prairie Compressor w/Hose Tools-Other (X) 2007024969 Pg 01 -#04-Wire Cutter, Blue Handle City of Eden Prairie Chain Saw (X) 2007049832 Husqvarna Chain saw City of Eden Prairie #of Items 29 Paper/Receipts/Misc(Y) 2003000688 Pg 1A-#2 -Ziploc Baggies EPPD Use Drug Paraphernalia (Y) 2004000562 Tanita Scale- Partial Item #6A SWHDTF Drug Paraphernalia (Y) 2004001960 Scale- Pocket-Tech SWHDTF Drug Paraphernalia (Y) 2004002216 Pg 1C-#8A-"Jennings" Gram Scale SWHDTF Video Tape (Y) 2004033047 Video Tape EPPD Police Training Backpack (Y) 2005013816 Jansport Backpack, Green/Lt Gray/Dk EPPD ERU Gray Backpack (Y) 2006001108 #8 - Backpack EPPD ERU Laundry Basket 2006002130 (2) Laundry Baskets (not listed on SWHDTF evidence sheet) Drug Paraphernalia (Y) 2006002527 Pg 1G -#10 - Digital Scale SWHDTF Drug Paraphernalia (Y) 2006003518 #5- (2) Electronic Scales SWHDTF Container 2006015531 #11 -Sterilite Container(Tub) EPPD Use Backpack (Y) 2006031709 Pg 2 -#1 - Backpack EPPD ERU Charger(Y) 2006031709 Pg 2 -#19 - Phone Charger EPPD Use Video Tape (Y) 2006043489 Video Tape from Wal-Mart EPPD Police Training Money Counter 2007003142 Pg 01 L-#03- Money Counter SWHDTF Keg Tap 2007017667 Pg 01 -#01 - Keg Tap Eden Prairie Liquor Store #of Items 16 Report Date: 4/30/2008 4 pULICI Exhibit B YRCTEcl ANDSM•E "PRAIRIE !Abandoned Property for Conversion for City Use Category Case Number Description Conversion Purpose 98 Report Date: 4/30/2008 5 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 6, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Bob Lanzi, Recreation Community Center Caterers Coordinator and Recommendations Wendy Sevenich, Community Center Manager Motion Motion to: Enter into catering agreements at the Community Center with the following food and beverage providers: Crumb Deli, Biaggi's, Catering Minnesota and Ruby's B-B-Q. Synopsis Preferred catering services were selected as a way to provide a variety of quality food choices at a range of price points to room rental patrons at the Eden Prairie Community Center. A Request for Proposal process was undertaken to determine food quality, presentation and service ability of caterers. The RFP was advertised in the February 28, 2008 edition of the Eden Prairie Newspaper and sent to over forty known vendors of catering services. Six proposals were received and have been reviewed by a committee of Park and Recreation Department staff. The Parks, Recreation and Natural Resources Commission reviewed this information at their May 5 meeting. Background The newly remodeled and expanded community center is now well positioned to host events requiring food and beverage service such as; athletic banquets, business seminars, wedding receptions and special events. In anticipation of residents needs, the Food section of the City Policy for Facility Use was recently changed to anticipate the need for catering services at the community center. The following is the new council adopted policy: 3. Community Center-All meals, food and beverages for events and banquets must be contracted through an EPCC pre-approved caterer or through the EPCC concessions. Small birthday parties (30 people or less), or other similar gathering, with permission of the Community Center staff, will be permitted to provide outside food and beverage. No on-site preparation allowed. Groups must provide their own kitchen supplies (towels,paper products, utensils, etc.) and condiments. Staff recommends selecting several approved caterers to serve customers who rent rooms at the Community Center. Multiple approved caterers will allow residents the options of a variety of food and price options while maintaining safety and insuring a high quality product. In addition to submitting responses to the RFP (see attached RFP), caterers were asked to present a food tasting for a committee of Eden Prairie representatives to showcase taste and variety of food options. The Committee consisted of city staff, a city council member and members of the Community Center Caterers Recommendations May 6, 2008 Page 2 Parks, Recreation and Natural Resources Commission. Each caterer was evaluated on promptness of set up, food presentation, temperature, taste and quality of food served. Caterers also responded to questions regarding menu options, history of their company, ability to provide prompt customer service and to meet specialty needs of patrons. Of the six caterers that responded(Crumb Deli, Biaggi's, Catering Minnesota, Davanni's, Sky Food and Ruby's B-B-Q), staff is recommending entering into agreements with the following: Crumb Deli, Biaggi's, Catering Mnnesota and Ruby's B-B-Q. Based on the evaluations, interviews and taste tests, the four that are being recommended cover a wide range of food options and prices and would represent the community center in a positive manner. An exception to covering the full range is the option for pizza delivery. Staff is in the process of recruiting additional options for pizza delivery. The RFP is clear that the City may at any time enter into additional agreements. If feedback from customers warrant, staff will seek additional caterers to fill the required niches. Attachments RFP RFP Evaluation Results Taste Test Evaluation Form Taste Test Survey Results Reference Check Results City of Eden Prairie Eden Prairie Community Center Food and Beverage Request for Proposal February 27, 2008 I. INTRODUCTION AND PURPOSE OF PROPOSAL The City of Eden Prairie is accepting proposals to enter into an agreement with three (3) to five (5) food and beverage (including alcoholic beverage) providers (referred to herein as "Caterer" or "Caterers") to provide exclusive catering services at the Eden Prairie Community Center (EPCC). The exclusive Caterers will be expected to provide food and beverage service for a variety of events including weddings, banquets, meetings, and other special event functions beginning on or about May 15, 2008. The Caterers will be the only food and beverage providers available to client, unless exempted by previous agreement (including senior events and groups of thirty or less) with the City of Eden Prairie, or by other City policy. In addition, the EPCC will not require its clients to use a Caterer in those instances when, in the City's sole discretion, ethnic, cultural, or religious needs cannot be met by the Caterers. (The Caterers may be permitted to subcontract food and beverage service with the approval of EPCC management to accommodate those needs.) If serving alcohol, the selected Caterers will be responsible to hold a current on-sale liquor license valid in the City of Eden Prairie and hold a certificate of insurance with the City named as additional insured as detailed here within. If the City chooses multiple Caterers, the City will not make any recommendations on which Caterer to utilize with the clients. The City will only provide contact information, menus and promotional material to ensure fairness to all potential caterers. The City intends to enter into a contract with one or more Caterers that best satisfy the needs of the City. The City reserves the right to reject any and all proposals and to act in the best interest of the City and it residents. This RFP does not commit the City to award contract or share in any expenses of preparing these proposals, or travel expenses related to the proposal or interview process. Proposing Caterers and their representatives are prohibited from contacting any elected official for purposes of lobbying to secure this contract. II. PRE-PROPOSAL SITE TOUR, Q&A,AND CONTACT INFORMATION A pre-proposal question and answer meeting will be held on March 13, 2008, at 2 p.m. at the Eden Prairie Community Center. A tour of the facility will start at 2 p.m. with the meeting starting at 2:15 p.m. This is the only opportunity to tour the site. Individual tours will not be available. Questions about this RFP must be directed to: Bob Lanzi City of Eden Prairie 16700 Valley View Road Eden Prairie, Minnesota 55344 952-949-8473 2 III. RELEVANT INFORMATION This section sets forth the necessary information to prepare a proposal. The portions of this section that create obligations on the Caterer describe the terms of the contract between the City and the selected Caterer(s). The City reserves the right to require additional terms to be in the final contract between the City and Caterer(s). A. Eden Prairie Community Center Room Information Eden Prairie Community Center Room Information The Eden Prairie Community Center offers places to gather for every occasion. From business and group meetings to receptions and birthday parties, the EPCC can accommodate groups up to 100 people. There are six meeting rooms available for rent. Cambria Room The Cambria Room provides a classic venue, ideal for intimate weddings, receptions, conferences and formal gatherings. The Cambria room features Cambria counter tops with up- graded cabinets, carpeting, tables, chairs, audio system and a wooden dance floor. 1850 sq. ft Seating Arrangements Group size Auditorium style 100 Banquet style seating 80 Banquet style with dance floor 60 Classroom style 60 Room A Room A is a carpeted room, complete with cabinets that can accommodate 30-50 people and is well suited for medium size group gatherings. Audience, classroom and closed square styled seating are available. 900 sq. ft Room B Room B is a large carpeted room, complete with cabinets and a marker wall. This room can accommodate 65-80 people, and is ideal for large group meetings. Audience, banquet, classroom and closed square styled seating are available. 1435 sq. ft Room C Room C is a wet/dry tile floored room, complete with sink and counters. This room can accommodate 24 people. It is ideal for groups that are working on art projects and birthday parties for children. Classroom and closed square styled seating are available. 500 sq. ft Rooms D & E Rooms D & E are small carpeted rooms that can accommodate 12-24 people. These rooms are ideal for small business or athletic association meetings. Audience, classroom and closed square styled seating is available. 300 sq. ft Note: Various A/V rental equipment is available for a fee when utilizing the meeting rooms. 3 B. About the Eden Prairie Community Center's Customers EPCC customers are diverse in age and culture. Our customers have varying expectations in their food and beverage needs. Caterers must be able to offer a wide range of quality food options and pricing that is appropriate and appealing to our diverse cliental. C. Support Equipment and Storage Food preparation equipment and serving utensils such as plates, glasses, silverware, pots, pans and linens will be supplied by the Caterer and delivered per event. The Caterers must meet health department and city/state codes. It is recommended that the Caterers secure all property, as the EPCC will not be responsible for lost or stolen items. D. Beverages The EPCC will supply two portable bars to accommodate the beverage service. Please note that Pepsi products are required to be served as part of a City of Eden Prairie agreement. All consumables related to the beverage operation are the responsibility of the Caterers. Beverage delivery and pick-up should be made in a timely manner. Ice is available free of charge via the EPCC machine. The Caterers must supply a cash register to record bar sales. Clients may request no "tip jars" when paying lump sum gratuity. Caterers serving alcohol must participate in the Eden Prairie Police Department's "Best Practices" training for liquor distributors. E. Financial Caterers will be required to pay the EPCC a percentage of the revenues generated through the food and beverage service and other services provided, including rental items and decorations. The commission percentage paid will be based on the final gross bill, excluding tax and gratuity. The Caterers should include in their proposal the percentage payable to the EPCC to be the exclusive caterer. The EPCC will consider only those proposals that offer the minimum percentages listed below. Eden Prairie Community Center Commission For all food& beverage service provided by the Caterer (excluding tax and gratuity) • Monday—Friday 6.00 a.m. to 5:OOp.m .8% of all gross sales* • Monday—Friday 5:00 p.m. to midnight 12% of all gross sales* • Saturday/ Sunday/Holidays 6:00 a.m. to midnight 12% of all gross sales* • Alcoholic beverages including all bar sales .25% of all gross sales * = Non-alcoholic beverages only 4 F. Accounting Procedures The collection of deposits and fees for all catering charges are the sole responsibility of the Caterer. Non-payment by a client to the Caterer for services rendered will not negate payment of the commission revenue to the EPCC. On-sale beverage fees will be collected when the sale is made at the bar. All on-sale purchases must be tracked through a cash register at the bar. The Caterers must run a register tape in the presence of an EPCC supervisor to close out and balance each register used. This is done to get the total sales per event to the customer and will be recorded by the EPCC supervisor. Each drink must be rung in the register to track host bar beverages. The Caterers must provide their start up cash and cash register. The Caterer must pay the EPCC the commission revenue based on the final billing for each event. The Caterers must provide a copy of each of the final invoices and a report summarizing the sales for each month to EPCC management. The summarized report and payment to the EPCC must be made by the fifteenth (15th) of each following month. Delinquent payments will be charged$50 every 30 days, starting with the first day the payment is late. The EPCC reserves the right to inspect all financial records for an event. The Caterer must provide documentation within two business days upon request. The EPCC will collect all fees for room rental, room deposits, security officer(s) and rental equipment. G. Insurance, Bonding and Licensing Caterer shall purchase and maintain insurance that will protect the Caterer and the City from claims which may rise out of, or result from, the Caterer's operations under this agreement, whether such operations are by the Caterer or anyone directly employed by them, or by anyone for whose acts or omissions any one of them may be liable. Minimum insurance amounts shall be: • Comprehensive General Liability Insurance — including completed operations and liability coverage written on an occurrence basis for $1,000,000 combined single limit bodily injury/property damage that will apply exclusively to the catered event occurring at EPCC. Also name the City of Eden Prairie as additional insured with respect to activities involving the EPCC with thirty day written notice of cancellation. • Automobile Liability Insurance — on any automobile coverage for owned, hired and leased vehicles for $1,000,000 combined single limits bodily injury/property damage. • Workers Compensation and Employer's Liability Insurance — Statutory limits $100,000 per accident or disease per employee with $500,000 policy limit. • Liquor Liability Insurance (for those dispensing liquor) — Minimum of $1,000,000 in liquor liability insurance with City of Eden Prairie named as additional insured and thirty day notice of cancellation. EPCC must be shown specifically as a covered location. • Copies of all Caterers insurance must be on file with the City. Caterer must provide proof of insurance in the form acceptable to the City. 5 Caterers must also provide proof of the following: • Bonding with the State of Minnesota. • A copy of current Health Department License and Certified Food Mgrs. License. • A copy of current Liquor license if dispensing liquor. H. General Responsibilities of Caterers The following list is intended to provide the general expectations the City has of the Caterers. This list is not exclusive. 1. Provide excellent customer service in a timely and professional manner from pre-event to post-event (includes returning all customer inquiries within one working day). Work with customer directly to accommodate all food and beverage needs. 2. Coordinate and collaborate with EPCC staff to maximize communication with customers including returning all inquiries from EPCC staff within one working day and meeting regularly with EPCC rental coordinator(at least bi-weekly during the wedding season). 3. Provide professional staff that will maintain a consistently high level of service and appearance. Provide wait staff and bartenders that can serve alcohol at tables if requested. Provide staff for daytime, evening,weekend and holiday events. 4. Become familiar with the EPCC's rules and procedures, including those pertaining to the room, lobby, deck, patio and garden areas. 5. Allow food tasting for current and potential EPCC customers. 6. Provide all food and beverages for each event contracted. 7. Provide a full range of excellent food and beverage choices. 8. Provide broad multi-level price list to accommodate customer needs with wait staff, bartenders, tableware and linens included. Provide fee options for sit down meals. 9. Provide varied menus with ethnic diversity. 10. Responsible for keeping all food prep., and bar areas clean including mopping of floors, emptying trash and supplying all such cleaning supplies. 11. Assist in cleaning and maintenance of banquet rooms. 12. Provide marketing/menu information to assist EPCC with potential customers. 13. Designate an on-site coordinator to work throughout each event with EPCC staff. 14. Coordinate room set-up with EPCC Rental Coordinator. 15. Follow all policies and procedures set by the EPCC for food and beverage operation. 16. Meet all deadlines and payment requirements as set forth here within. 17. Coordinate responses to surveys and evaluations of food/beverage service to maximize customer service. 18. Provide 4-6 at-cost city events per year. I. Eden Prairie Community Center Responsibilities The following list is intended to set forth the general responsibilities of the EPCC. The EPCC's specific obligations will be set forth in the final contract. 1. Promote quality customer service by scheduling the banquet room in a timely manner. 2. Charge and collect rental fees from customers for scheduled events. 3. Conduct pre-event walk through with clients for all catered ballroom events and share information with the Caterer(s)to ensure great customer service. 6 4. Provide a building supervisor for all evening, weekend and holiday events. 5. Provide rooms, tables and chairs and timely accurate setups for all events. 6. Provide pre and post event custodial service including room tear down and scrubbing/vacuuming of floors. 7. Provide cleaning supplies. 8. Provide utilities and overhead costs. 9. Provide up to two portable bars. 10. Provide access to copier and fax machine. J. Caterer Fees/Expenses 1. Caterer proposal shall include a specific menu(s) of its food offerings. Caterer shall provide the cost per plate per person, beverage fees, and any other extraneous fees potential customers would be responsible for, including tax and gratuity. 2. Caterer shall identify how changes to menu items and fees will be handled, allowing enough lead time for the EPCC to keep its information current. Price increases must be approved by the EPCC Manager before they can be implemented. Prices shall only be increased at a maximum of one time per year at a designated time each year which will be agreed upon between the EPCC Manager and selected Caterers. 3. Caterer shall identify any service beyond that stated above that will benefit the EPCC or EPCC customers (i.e. advertising, marketing, sponsorship of special events, unique offerings, etc.). K. References 1. Caterer shall identify at least five (5) event references that demonstrate a full range of Caterer's experience. References should include events within the last six months, one between 6 and 12 months, and one 2-3 years ago. If proposing to serve alcohol, at least 3 of the events should include liquor sales. 2. Caterer shall identify members of their staff that will provide catering and liquor service at events, their background, experience and number of years associated with that company. 3. Caterer shall identify member(s) of their staff that will be responsible for supervising events, their background, experience and number of years associated with that company. 4. Caterer shall identify three (3) dates between April 16 and April 25 when they can prepare a luncheon food tasting to include several items in categories such as; salads, soups, main entrees, and desserts for 8-10 City of Eden Prairie representatives to sample. The EPCC manager will contact Caterers to schedule times once finalists have been selected. L. Disclosure of Liquor Violations 1. Caterer must report to City all alcohol violations it has experienced in the past six (6) years. 2. Caterer must state what follow up was completed with employees after violations were issued. 7 M. Contract Term The City anticipates that the contract shall be effective April 15, 2008, and shall continue for three (3) years. The contract shall automatically renew for additional three (3) year terms unless either party gives written notice of termination at least sixty (60) days prior to the end of the term then in force. If a Caterer's contract is not renewed, the Caterer will remain responsible for providing services to the rentals booked at EPCC for which they had committed to at the time of the agreement termination. III. PROPOSAL FORMAT AND REQUIREMENTS The Caterer shall supply three (3) copies of its response to this Request for Proposal suitable for reproduction and distribution to appropriate City officials. Proposals are to be delivered to the Eden Prairie Community Center no later than 4:00 p.m. on Friday, March 21, 2008. The Eden Prairie Community Center is located at; 16700 Valley View Road, Eden Prairie, Minnesota, 55344. Note: Faxes and e-mailed responses will not be accepted. Proposals are to be directed to Bob Lanzi, Eden Prairie Community Center. Each proposal must include the following: 1. Name, address, phone, fax, e-mail and website address of the prospective Caterer. 2. Name, address, phone, fax, e-mail of representative of the prospective Caterer. 3. A brief statement of the history of company. 4. A general description of the catering services the prospective Caterer capable of providing. 5. A statement of intent to provide catering services for the EPCC. 6. Proposed revenue percentages to the City as described in Section II.E, titled"Financial." 7. The information requested in Section II.J titled"Caterer Fees/Expenses." 8. A price list for all alcoholic beverages and services. 9. Identification of any additional fees for services. 10. A booklet or handout used to promote menus with current prices. 11. The information requested in Section II.K titled"References." 12. A list of all alcohol related violations as required under Section II.L titled "Disclosure of Liquor Violations." 13. Prospective Caterer's marketing plan statement, with goals and objectives. 14. A statement of intent to stay current with license and insurance, and adhere to city/county/state codes applicable to serving food and alcohol. 15. A statement of capability for insurance, bonding and licensing as required in Section II.G titled"Insurance, Bonding and Licensing." 16. A narrative of why your company is the best business to fit the needs of EPCC. Responses must be received by the EPCC at the address in Section II above no later than 4:00 pm, Friday,March 21, 2008. 8 IV. PROPOSAL EVALUATION AND SELECTION CRITERIA Proposals will be evaluated on content, presentation and the Caterer's ability to provide services for a diverse clientele and/or ability to fill a niche in the catering services to meet the City's needs. Caterers selected to be interviewed will be contacted the week of March 24. The interview will be scheduled the week of April 7, between 9:00 a.m. and 4:00 p.m. The finalists must provide a taste testing for up to 10 City of Eden Prairie staff and community representatives. The tasting should include several items in categories such as; salads, soups, main entrees, and desserts for 8-10 people. During the evaluation process the City reserves the right to request additional information or clarifications or to allow corrections of errors or omissions. V. ADDITIONAL CONTRACT TERMS The following terms will be included in the contract between the City and Caterer. The City reserves the right to include additional terms not set forth in this RFP "Contractor" refers to the Caterer with whom the City contracts. A. Termination of Contractor. The City may terminate this Agreement for any reason upon thirty (30) days written notice. Once terminated, Contractor may not provide catering services within the EPCC facility, including catering services already subject to contract by Contractor at the time of termination. B. Disclosure of Catering Agreements. Upon request of the City, Contractor shall provide the EPCC with a copy of each contract the Contractor enters into to be performed at the EPCC. In addition Contractor shall provide the EPCC with such additional information as is requested by the EPCC including but not limited to the date of the catering event, the name and contact information of the customer, a description of the event, the approximate number of attendees at the event, the type of food and beverages to be served at the event, and the Contractor's rates for the event. C. Assuming Terminated Caterer's Responsibilities. In the event that a contract between the City and another caterer is terminated (the terminated caterer is referred to in this paragraph as the "Terminated Caterer"), Contractor may enter into an agreement(s) with the Terminated Caterer's customer(s) to provide catering services for events already booked by the Terminated Caterer. In addition to any requirements set by the customer(s), said agreement(s) shall be subject to the following conditions: a. If the event is scheduled to occur 30 days or more after the Terminated Caterer's termination date, Contractor rate for the event shall be no more than the Terminated Caterer's rate. b. If the event is scheduled to occur less than 30 days after the Terminated Caterer's termination date, Contractor may add a surcharge of no more than 10% of the Terminated Caterer's rate for the event. D. Addition of Caterer(s). The City may, at any time and in its sole discretion, submit a request for proposal ("RFP") to additional caterer(s) and may enter into contracts with the caterer(s)that respond to the RFP. 9 E. Notices. All notices, demands, requests, approvals, reports, instructions, or other communications which may be required or desired to be given by either party to the other after the effective date of the contract shall be in writing and shall be made by personal delivery or sent by United States certified mail, postage prepaid, return receipt requested or by overnight delivery, prepaid, addressed as follows: Wendy Sevenich Community Center Manager Eden Prairie Community Center 16700 Valley View Road Eden Prairie, MN 55344 or to any other persons or addresses as may be designated by notice from one party to the other. F. Indemnification. Contractor shall defend, indemnity and hold harmless the City as appropriate and its officials, agents and employees from and against all claims, damages, losses, and expenses including attorney's fees arising out of or resulting from the contractor's, or contractor's officials, agents, employees and subcontractors, performance of the duties required under this contract. G. Workers' Compensation. Contractor shall submit a certificate to the City warranting that the contractor is in full compliance with Minnesota Statutes, Section 176.181 subd. 2 (Workers' Compensation) and shall submit such insurance, if requested, in the specifications. Certificates of insurance as detailed in the specifications must be submitted to the City before any work may begin under the contract. All such certificates shall state that the insurance company shall give the City thirty (30) days written notice of cancellation, non-renewal, or any material change in the policy. H. Independent Contractor. Contractor is to be and shall remain an independent contractor with respect to all services performed under this contract. Miscellaneous Provisions. a. In performance of this contract, the Contractor shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Contractor, any subcontractor of the Contractor, or any applicant for employment. The Contractor shall include a similar provision in all contracts with subcontractors to this contract. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. Section 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. b. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 10 c. To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid. d. The Contractor shall pay to any subcontractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor shall pay interest of one and a half percent (1 2%) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual amount due to the subcontractor. e. In the event of a breach of the Contract by City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. f. All books, records, documents, and accounting procedures and practices of the successful Contractor relevant to the contract shall, pursuant to Minnesota Statutes, Section 16B.06, subd. 4, be subject to examination at all times by the City's Internal or External Auditors, and/or by the Legislative Auditor or State Auditor. g. If the Contractor is employing more than 20 full-time employees in Minnesota at any time during the previous 12 months, it shall have an affirmative action plan for the employment of minority persons, women, and the disabled that has been approved by the Commissioner of Human Rights. The Contractor shall submit receipt of a Certificate of Compliance issued by the Commissioner signifying that the Contractor has an approved Affirmative Action Plan by the State Human Rights Department. h. The Contractor shall at all times abide by Minn. Stat. § 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the same is applicable to data and documents in the possession of the Contractor. 11 RFP Evaluation Results a3 Vs U o O rn O O L O a) co a) _a) c x 0 c c - a - E - - > LU Q ays) ° c - c .c 3 o O — a) u)a) i a) mco i L U Oi. Q_' O LL cn a) p d O U 0 O �O C -O u_ "' c0 O U > E C .�. u) O O a) a) L c 7 c O 0 0 g > E cn N J O O N O 4 o U a) Q a) a) "-' -0 a) Y a) a) c c6 •v E +- cn "_ U -a C O i i cn a) as 2 io .L -0 c) a) 0 15 a ca O ca 2 0 co 0_ 0 0- Q I D Q 2 u) o = 0 as Z Crumb 7910 Mitchel Rd - Eden Prairie x x x x x N/A x x x N/A x x x x Davanni's 8061 Flying Cloud Dr- Eden Prairie x x x x x N/A x x x N/A x x x x Biaggi's 8251 Flying Cloud Dr- Eden Prairie x x x x x x x x x x x x x x Catering Minnesota 10 Shaddy Oak Rd South - Hopkins x x x x x N/A x x x N/A x x x x Ruby's B-B-Q 4715 Zenith Avenue South - Minneapolis x x x x x N/A x x x N/A x x x x Sky Food 1408 Northland Dr- Mendota Heights (Currently Garden Room caterer) x x x x x x x x x N/A x x x x Bucca Submitted a catering menu two weeks after the deadline but did not provide any other requested information. They were not invited to present a taste testing Eden Prairie Community Center Caterer Evaluation EDEN PRAIRIE Name Date C Caterer 0 • o w a., O w z 1. The caterer was prompt in arriving at the Facility. ❑ CIDEID 2. The caterer staff greeted our group in a friendly CICIEIDEI and professional manner. 3. The food was packaged and presented in an ❑ ❑ ❑ ❑ ❑ appropriate fashion. 4. The taste and quality of the food was ❑ ❑ ❑ ❑ ❑ appropriate for the specified venue. 5. Was the hot food hot? ❑Yes 00K ❑No 6. Was the cold food cold? ❑Yes ❑OK ❑No 7. Would you select this caterer for a future event? ❑Yes ❑Maybe ❑No 8. What types of groups do you think would use this caterer? 9. What type of events would use this caterer? Please provide additional comments or suggestions. Thank you for assisting our staff with this process. Caterer Stats Catering Minnesota Excellent Good Fair Poor No Opinion 1) The caterer was prompt in arriving at the Facility 10 1 2)The caterer staff greeted our group in a friendly and professional manner. 11 *3) The food was packaged and present in an 7 3 1 appropriate fashion 4) The taste and quality of the food was appropriate for the specified venue 8 3 YES OK NO No Cold Food No Hot Food 5) Was the hot food hot? 10 1 6) Was the cold food cold? 7 2 2 Yes Maybe NO 7) Would you select this caterer for a future event? 10 1 8) What type of group do you think would use this caterer? All types of groups, high end, business groups, professionals and private groups 9) What type of events would use this caterer? All types of groups, weddings, adult birthdays, groom dinners, receptions, high end events, banquets 10)Please provide additional comments or suggestions? All said very good e CRUMB Excellent Good Fair Poor No Opinion 1) The caterer was prompt in arriving at the Facility 10 1 2) The caterer staff greeted our group in a friendly 8 2 1 and professional manner. 3) The food was packaged and present in an 6 4 1 appropriate fashion 4) The taste and quality of the food was 9 1 1 appropriate for the specified venue YES OK NO No Cold Food No Hot Food 5) Was the hot food hot? 11 6) Was the cold food cold? 9 N/A Yes Maybe NO 7) Would you select this caterer for 11 a future event? 8) What type of group do you think would use this caterer? Business lunch, casual lunch groups, graduations, groups and parties. This caterer will fit a lot of groups. 9) What type of events would use this caterer? Lunch meetings, casual meetings,training sessions, 10) Please provide additional comments or suggestions? Easy in/out and step up.No refrigeration needed. High quality, very good food e RUBY's Excellent Good Fair Poor No Opinion 1)The caterer was prompt in arriving at the Facility 7 1 3 2) The caterer staff greeted our group in a friendly and professional manner. 9 1 1 3)The food was packaged and present in an appropriate fashion 7 4 4) The taste and quality of the food was appropriate for the specified venue 7 3 1 YES OK NO No Cold Food No Hot Food 5) Was the hot food hot? 5 3 1 2 6) Was the cold food cold? 5 3 2 Yes Maybe NO 7) Would you select this caterer for a future event? 9 1 1 8) What type of group do you think would use this caterer? Family gatherings, grad parties,b-day parties, business meetings,picnics, all events. 9) What type of events would use this caterer? Various, seminars, conferences, family events,this caterer can cover a wide array of events 10) Please provide additional comments or suggestions? More of a backyard BBQ events, food needs to be warmer, friendly, awesome, need to see full menu BI AGGIS Excellent Good Fair Poor No Opinion 1) The caterer was prompt in arriving at the Facility 9 1 2) The caterer staff greeted our group in a friendly and professional manner. 9 1 3) The food was packaged and present in an appropriate fashion 7 3 4) The taste and quality of the food was appropriate for the specified venue 10 YES OK NO No Cold Food No Hot Food 5) Was the hot food hot? 4 4 2 6) Was the cold food cold? 7 1 2 Yes Maybe NO 7) Would you select this caterer for a future event? 8 2 8) What type of group do you think would use this caterer? Business, Church, Sports, all types of events receptions, grooms dinners, weddings, meetings, formal events, 9) What type of events would use this caterer? Weddings, reunions, business meetings, 10) Please provide additional comments or suggestions? Excellent food and good prices, great, they did not appear to be trying to keep hot food hot and cold food cold, desersts were great, highly recommend, everything was good. SKYFOODS Excellent Good Fair Poor No Opinion 1) The caterer was prompt in arriving at the Facility 9 3 2)The caterer staff greeted our group in a friendly and professional manner. 10 1 1 3) The food was packaged and present in an appropriate fashion 9 2 1 4) The taste and quality of the food was appropriate for the specified venue 7 3 1 1 YES OK NO No Cold Food No Hot Food 5) Was the hot food hot? 9 3 6) Was the cold food cold? 12 Yes Maybe NO 7) Would you select this caterer for a future event? 8 3 1 8) What type of group do you think would use this caterer? Staff training, business meetings, all types of groups, a wide variety, specials events, dinners, corporate events, formal events, weddings to sports assoc. 9) What type of events would use this caterer? Birthday parties, fund raisers, conferences,weddings, probably not kids events 10) Please provide additional comments or suggestions? Flexibility, wide array of warm foods,very versatile, good deserts, good choice Davanni's Excellent Good Fair Poor No Opinion 1) The caterer was prompt in arriving at the Facility 4 1 2 2)The caterer staff greeted our group in a friendly and professional manner. 3 1 1 2 3) The food was packaged and present in an appropriate fashion 2 2 3 4) The taste and quality of the food was appropriate for the specified venue 2 3 2 YES OK NO No Cold Food No Hot Food 5)Was the hot food hot? 2 5 6) Was the cold food cold? 5 2 Yes Maybe NO 7) Would you select this caterer for a future event? 3 4 8) What type of group do you think would use this caterer? Birthday parties, business lunches, casual events, kids groups, sports team meetings 9) What type of events would use this caterer? Youth parties and events, birthday parties,training sessions, informal adult parties, teens, 10) Please provide additional comments or suggestions? Food was good, not impressed with pizza, salad selection was good, good name recognition, consistent quality Caterer Reference Information: Caterer: Ruby's B-B-Q References: Rasmussen College Best Buy—New Business Dept. &ITS Bonnie&Tim Johnson 1. Approximately how many times have your company used this Caterer?? Rasmussen College—3 times Best Buy—New Business Dept. &ITS—3 times Bonnie&Tim Johnson—One Time,Wedding-pasta dinner 2. Was the Caterer prompt in arriving at your facility?? Excellent- 3 Good Fair Poor No Opinion 3. Were you satisfied with the Customer service that was provided?? Excellent- 3 Good Fair Poor No Opinion 4. When receiving food,was the hot food hot and the cold food cold?? Excellent- 3 Good Fair Poor No Opinion 5. Were you satisfied with the Quality of Food that was provided?? Excellent- 3 _Good _Fair _Poor _No Opinion 6. How would you rate this Caterer with other Caterers your company has used?? Excellent- 3 Good _Fair _Poor _No Opinion 7. Would you select this Caterer in the future ?? Yes - 3 Supporting Comments Rasmussen College—Flexible, fabulous,made things not in the normal way,Wow ! Best Buy—New Business Dept. &ITS—Very Flexible, great food,Easy to work with Bonnie&Tim Johnson—Awesome,Food is great,Did Taste test Caterer Reference Information: Caterer: Catering Minnesota References: Acorn Cardiovascular Inc. Morgan Stanley Anne McGilvey&Co. Washburn—Mcreavy Funeral Chapel 1. Approximately how many times have your company used this Caterer?? Acorn Cardiovascular Inc.—Several Morgan Stanley—2 times Anne McGilvey&Co.—Several times per year Washburn—Mcreavy Funeral Chapel—many times per year 2. Was the Caterer prompt in arriving at your facility?? Excellent-4 Good Fair Poor No Opinion 3. Were you satisfied with the Customer service that was provided?? Excellent- 3 Good- 1 Fair Poor No Opinion 4. When receiving food,was the hot food hot and the cold food cold?? Excellent- 3 Good- 1 Fair Poor No Opinion 5. Were you satisfied with the Quality of Food that was provided?? Excellent-4 Good Fair Poor No Opinion 6. How would you rate this Caterer with other Caterers your company has used?? Excellent- 3 Good- 1 Fair Poor No Opinion 7. Would you select this Caterer in the future?? Yes -4 Supporting Comments Acorn Cardiovascular Inc.—they are the only Catere we will use Morgan Stanley—They are on the higher end for price,but do a very good job Anne McGilvey&Co.—Accommodating,very flexible, Great quality food Washburn—McReavy Funeral Chapel—At the top of our list,better than any other we have used Caterer Reference Information: Caterer: Crumb References: CH Robinson Fingerhut Stratasys 1. Approximately how many times have your company used this Caterer?? CH Robinson— 10 times per month Fingerhut—5 times per month Stratasys—2 times per week 2. Was the Caterer prompt in arriving at your facility?? Excellent- 3 Good Fair Poor No Opinion 3. Were you satisfied with the Customer service that was provided?? Excellent- 3 Good Fair Poor No Opinion 4. When receiving food, was the hot food hot and the cold food cold?? Excellent- 3 Good Fair Poor No Opinion 5. Were you satisfied with the Quality of Food that was provided?? Excellent- 3 Good Fair Poor No Opinion 6. How would you rate this Caterer with other Caterers your company has used?? Excellent-2 Good- 1 Fair Poor No Opinion 7. Would you select this Caterer in the future?? Yes - 3 Supporting Comments CH Robinson—Exclusive,won't use anyone else Fingerhut—Free delivery is great Caterer Reference Information: Caterer: Biaggi's References: EP Brunswick Lanes Rotary Fundraiser 1. Approximately how many times have your company used this Caterer?? EP Brunswick Lanes— 1 time Rotary Fundraiser— 1 time per week 2. Was the Caterer prompt in arriving at your facility?? Excellent-2 Good Fair Poor No Opinion 3. Were you satisfied with the Customer service that was provided?? Excellent-2 Good Fair Poor No Opinion 4. When receiving food,was the hot food hot and the cold food cold?? Excellent-2 Good Fair Poor No Opinion 5.Were you satisfied with the Quality of Food that was provided?? Excellent-2 Good Fair Poor No Opinion 6. How would you rate this Caterer with other Caterers your company has used?? Excellent- 2 Good Fair Poor No Opinion 7. Would you select this Caterer in the future?? Yes -2 Supporting Comments EP Brunswick Lanes—Great service and very high quality food Rotary Fundraiser—So flexible, great with working with us to keep the costs down,has a gluten free menu Caterer Reference Information: Caterer: Sky Foods References: CH Robinson Sun Country Airlines City of Eden Prairie 1. Approximately how many times have your company used this Caterer?? CH Robinson—2-3 times per month Sun Country Airlines—Every day for 5 years City of Eden Prairie—Garden Room events and daily 2. Was the Caterer prompt in arriving at your facility?? Excellent- 3 Good Fair Poor No Opinion 3.Were you satisfied with the Customer service that was provided?? Excellent- 3 Good Fair Poor No Opinion 4. When receiving food,was the hot food hot and the cold food cold?? Excellent- 3 Good Fair Poor No Opinion 5.Were you satisfied with the Quality of Food that was provided?? Excellent-2 Good- 1 Fair Poor No Opinion 6. How would you rate this Caterer with other Caterers your company has used?? Excellent- 3 Good Fair Poor No Opinion 7. Would you select this Caterer in the future ?? Yes - 3 Supporting Comments CH Robinson—Flexible,generous portions,will do other things including healthy options Sun Country Airlines—Fair pricing,will meet any budget, outstanding City of Eden Prairie—Exclusive, good value Caterer Reference Information: Caterer: Davanni's References: Vital Images Medwave Corporation Microsoft 1. Approximately how many times have your company used this Caterer?? Vital Images—2 times per week Medwave Corporation— 1 time per week Microsoft—5-6 times 2. Was the Caterer prompt in arriving at your facility?? Excellent-2 Good Fair Poor— 1 No Opinion 3.Were you satisfied with the Customer service that was provided?? Excellent-2 Good Fair—1 Poor No Opinion 4. When receiving food,was the hot food hot and the cold food cold?? Excellent-2 Good— 1 Fair Poor No Opinion 5.Were you satisfied with the Quality of Food that was provided?? Excellent- 3 Good Fair Poor No Opinion 6. How would you rate this Caterer with other Caterers your company has used?? Excellent-2 Good Fair— 1 Poor No Opinion 7. Would you select this Caterer in the future?? Yes—2 Maybe— 1 Supporting Comments Vital Images—They do little things to show their appreciation Medwave Corporation— Microsoft—Their less expensive, if someone requests,will use them Last time they forgot to come CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 6, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Jay Lotthammer, Director, Professional Services Agreement for Art Parks and Recreation Center Motion Move to: Approve the Professional Services Agreement with Cluts, O'Brien, Strother Architects for architectural services for remodeling the Art Center, for the amount of$21,250. Synopsis This professional services agreement provides all architectural and construction administration services necessary for completing the designs and remodeling of the Art Center. In addition, the agreement coordinates all necessary civil engineering and landscape architect work. Background At the April 15, 2008 City Council meeting the City Council unanimously accepted the Art Center Task Force Report and the gift of the Art Center from the Sampson Family. Staff presented an improvement plan and budget to convert the building from a privately used facility to one that is open and accessible to the public. Architectural services, designs and drawings are necessary to plan and initiate the remodeling activities. Dan O'Brien with the firm Chits, O'Brien, Strother Architects was a volunteer community member who participated in the Art Center Task Force meetings and has also been involved in the creation and remodeling of other art centers. The proposed amount is within the previously presented budget. Attachment Professional Services Agreement ' ` ? April 28,2008 . t « , .. • Jay Lotthammer Gluts Parks and Recreation 1'len CIT.I'OFEDENPRAIRIE 8080 Mitchell Road C t>of let' Eden Prairie, MN 55344 MCHITFCT6 RE: Eden Prairie Art Center Dear Mr.Lottharnmer: We are pleased to submit this proposal for architectural services for.remodeling the Stampso n Studio, 7650 Equitable Drive into the Eden Prairie Art Center. SERVICES Based on our meeting on April 21,2008 and other previous discussions,we propose the following basic:services: • Review building with code official. • Verify all existing conditions including electrical and mechanical. • Create Computer drawing of existing floor plan(AutoCAD.) This drawing along with proposed modifications will also serve as a background for Mechanical and Electrical design build contractors. • Finalize and dOeutnent code review. • Review zoning and,engineering requirements with the City staff • Review program requirements with the City staff,Tom Rine and others as directed by the City. • Sketch proposed design modifications including: a An additional AID compliant restroom • Modifications to the existing restroom .: Modifications to exit doors • Modifications to finishes ▪ New gall with doors and windows in place of the existing overhead door • Create concept sketches for.alternative(future)room division and reception desk. • Assemble furniture and equipment list including power, fuel and water requirements if any, • Study furniture and equipment layout. • Assist owner is color selections. • Produce construction drawings including: ▪ Site Plan(included in our fee,performed by HTPO) • Grading Plan(included in our fee,performed by HTPO) * Rain Garden Design(included in our fee,performed by HTPO) 1 of 7460 Market Place Drive • Eden Prairie . Minnesota 55344-3634 • Phone: 952/941-4822 I 4 * Landscape Plan(included in our fee,performed by HTPO) • Floor Plan • Furnishings and equipment plan ▪ Partial exterior elevation • Construction details a Interior toilet room elevations • Door and frame schedule ▪ Room finish,schedule • Produce construction specifications including • Earthwork ▪ Site Concrete ▪ Bituminous Paving 00 Landscaping * Selective demolition • Concrete patching Special Coatings • Hollow Metal Doors and Frames • Aluminum Storefront * Hardware • Glass and glazing • Ceramic tile • Carpet(if needed) • Painting • Toilet accessories • Coordinate work of civil engineer and landscape architect. • Coordinate design services of Yale Mechanical. * Coordinate design services of electrician and plumber. • Provide construction administration services including: • Shop drawing review ▪ Trouble shooting ▪ Punch list and final inspection We understand the City of Eden Prairie will hire individual contractors to perform the work, execute contracts and review and pay all contractor invoices. FEE We propose to work on a stipulated sum basis plus reimbursable expenses. Our fee for the services above is$21,250. See attached schedule of reimbursable expenses. EXCLUSIONS Structural,mechanical, electrical engineering, geotechnical services,and special inspections 2 of 3 TERMS • Services will be billed monthly based on percentage of work completed. Payments are due within 30 days of the date of the invoice. A late charge of 1.00 %per month will be assessed on any balance greater than 30 days overdue. This proposal shall be valid for 30 days. PROPOSED BY: ACCEPTED BY: CLUTS,•O'BRIEN, STROTHER an'OF EDEN PRAIRIE ARCHITECTS,INC By: By: Daniel S. O'Brien Jay Lotthammer. Its: CFO Its: Date: Date: 3 of 3 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 6, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Leslie Stovring Round Lake Improvement Project Public Works /Environmental Implementation, I.C. 04-5626 Requested Action Move to: Approve the proposal to implement the next phase of the Round Lake water quality improvement project and to conduct water quality monitoring for Duck, Red Rock and Staring Lakes by Blue Water Science in the amount of$28,300. Synopsis On April 26, 2005, the City Council requested staff to obtain a consultant proposal to review treatment alternatives for Round Lake. The current proposal from Blue Water Science continues this work with ongoing monitoring of lake water quality and use of low-impact water treatment alternatives for the lake to maintain water quality within the lake at a level safe for swimming. Duck, Red Rock and Staring Lake are all listed as impaired waters by the State of Minnesota for excess nutrients and require ongoing monitoring to evaluate whether the water quality is improving or declining. Red Rock Lake is also one of the 5 lakes in the "Eden Prairie Promise" initiative. The budget established for the lake improvement and monitoring projects was $35,000 and will be paid out of the stormwater utility. Background Information City staff met with the District Engineer for Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) on April 1, 2008, to discuss projects proposed for 2008 by the District and the City in order to coordinate activities and prevent overlapping projects. The attached proposal is a result of this meeting. Blue Water Science recommends the following actions: • Fish removal in Bren Lane Pond to improve the water quality from this stormwater system to Round Lake • Use of barley straw in Bren Lane Pond and Round Lake Park pond(on the east side of Round lake)to continue improvement of water quality entering Round Lake • Biomanipulation assessment using data collected by Blue Water Science and the Department of Natural Resources for Round Lake to characterize the suitability of varying biomanipulation techniques that could be used to improve water quality in the lake, such as manipulation of aquatic plant biomass or fish populations • Plant Survey to evaluate the extent and density of non-native plants such as curly leaf pondweed and Eurasian watermilfoil • Aquatic plant and water quality monitoring for Duck, Red Rock and Staring Lakes. These lakes have not been monitored for more than 7 years and are not scheduled to be monitored by RPBCWD until 2012 On September 3, 2002, the City Council approved a petition to upgrade three existing detention ponds and construct one new detention pond. However, the new District Engineer for RPBCWD (CH2M Hill) is currently evaluating biomanipulation alternatives and re-evaluating upstream watershed conditions to determine if other stormwater improvements are needed since it was last assessed. The District will also be evaluating the need or effectiveness of alternative stormwater management techniques, such as the use of infiltration or rainwater gardens. RPBCWD has stated that work on these projects would likely not occur until 2009 or later. Blue Water Science has submitted a monitoring plan for the work completed in 2007 for Round Lake. The report concluded that the water quality still met the Pollution Control Agency's water quality goals for a North Central Hardwood Forest ecoregion lake as well as the Total Maximum Daily Load(TMDL)phosphorus criteria for a deep or shallow lake. Common aquatic plant species included coontail, sago pondweed, bulrush and white waterlily. Curlyleaf pondweed and Eurasian watermilfoil, two non-native species, were also identified. His recommendation includes continuing assessment of the stormwater ponds and watershed to ensure that the water quality does not decline. The report has been forwarded to the District Engineer for use in their evaluation. The estimated cost for 2008 is $28,300 and will be paid from the storm water utility fund. Attachments Proposal 2008 Round Lake Monitoring Plan 550 South SnellingAve 651.690:9602 (fax) 690.9602 St. Paul, MN 55116 mccomas@pclink.com Date: April 7, 2008 To: City of Eden Prairie From: Steve McComas,Blue Water Science Re: CONTRACT FOR ROUND LAKE IMPROVEMENT PROJECTS AND LAKE MONITORING FOR 2008 The scope of work in this contract was discussed with and agreed upon with the Riley-Purgatory- Bluff Creek Watershed District's Engineer(CH2M Hill) on April 1, 2008. This letter represents a contract for work on Round Lake Improvement Projects and Lake Monitoring for 2008 for Blue Water Science. The project period is through April 1, 2009. Rules and stipulations are stated in the Standard Agreement for Professional Services(revised 03-21-2008). For 2008, the project tasks and costs are outlined in Attachment A. Total consulting costs for this project are$28,300. AGREEMENT FOR SERVICES Accepted to perform tasks associated with the Round Lake Improvement Projects and Lake Monitoring for 2008 as outlined in this Letter and in Attachment A by: CITY OF EDEN PRAIRIE Signature Name Title Signature Name Title Date Thank you for this opportunity. A signed and returned copy of this letter is my authorization to proceed. Cordially, Blue71. Sio c'e teven R. McComas President Attachment A ROUND LAKE IMPROVEMENT PROJECTS AND LAKE SAMPLING FOR 2008 Round Lake Projects The overall objectives of 2008 Round Lake Improvement Projects are to maintain good lake water quality and monitor the existing conditions. The basic strategy is to use biomanipulation approaches where it is feasible. These approaches are supported by the Riley-Purgatory-Bluff Creek Watershed District engineers(as discussed in a meeting on April 1,2008). These proposed projects are collaborative and will complement the programs the Watershed District is considering for Round Lake in 2008. Project 1. Conduct Fish Removal in Bren Lane Pond. Recent research has shown that excessive numbers of fish,even if they are minnows,can cause poor water quality in ponds and wetlands. It is suspected that fish may be exerting an adverse water quality impact in a key storm pond that drains to Round Lake. Small trapnets will be used to sample and remove the fish in the storm pond AG2 (off of Bren Lane). Costs: 2 -3 nets, set for up to four days. Submit a report to the MnDNR. Project 1. Costs: $2,500 Project 2. Use of Barley Straw to Improve Water Quality in Two Key Storm Ponds. Barley straw has been shown to lower phosphorus concentrations in lakes and ponds. Phosphorus reduction in storm ponds has two significant results: it will improve the ecology and aesthetics of the pond and it will reduce phosphorus loading to the next receiving water body,in this case Round Lake. We will add 350 pounds of barley per pond acre to AG2(Bren Lane Pond)and RLP(Round Lake Pond). Costs: Cost of straw,straw delivery,labor to install,and pond nutrient sampling,once per month for five months. Project 2. Costs:$4,200 Project 3. Biomanipulation Assessment. Recent research has shown that the forage biomass plays a significant role in biomanipulation effects. The greater the invertebrate forage biomass,the better the potential for successful biomanipulation success. This assessment is initiated to characterize the forage biomass of Round Lake. Sampling will occur once per month from May through September,and sediments,aquatic plants,and the water column will be monitored for invertebrate biomass. Fish stomach contents will also be analyzed on a monthly basis to characterize their feeding preferences. Costs: Sample collection,once per month,all invertebrates will be counted and a report will be prepared. Project 3. Costs: $6,200 Project 4. Plant Surveys and Lake Monitoring. -2- Aquatic Plant Surveys of Round Lake. The objective is to evaluate the extent and the density of non- native plants(curlyleaf pondweed and Eurasian watermilfoil)and to characterize the native plant community. Aquatic plants appear to be instrumental to maintaining good water quality in Round Lake. Costs: Conduct two surveys-early summer and late summer. Conduct a mid-summer Eurasian watermilfoil evaluation as well. (Costs are reduced in 2008 because of the biomanipulation assessment will involve some aquatic plant work). Prepare a final report and compare results to previous plant surveys: $1,700/survey x 2 surveys=$3,400 Subtotal: $3,400 Monitor Round Lake using a CAMP Level of Effort. We will sample the lake at the same frequency that is recommended by the Met Council and for the same parameters. Costs: Two samples/month,May-September(10 visits) Total Phosphorus, Chlorophyll a= 10 samples E. Coli monitoring= 10 samples Subtotal: $3,000 Project 4. Costs: $6,400 Round Lake Subtotal: $19,300 DUCK, RED ROCK, AND STARING LAKES MONITORING The objective of the lake sampling is to provide a statistically valid level of monitoring for lake impairment and nutrient criteria evaluations. We will sample the lakes at the same frequency recommended by the Met Council for Secchi disc,phosphorus, and chlorophyll a. The lakes to be sampled are: Duck,Red Rock,and Staring. Costs: Two samples/month,May-September(10 visits/lake) Lab analysis: total phosphorus and chlorophyll a(10 samples/lake) Project Costs: $9,000($3,000/lake and includes a write-up) Duck, Red Rock, and Staring Lakes Monitoring Subtotal: $9,000 TOTAL AMOUNT OF CONTRACT: $28,300 -3- Rev. 03-21-2008 Standard Agreement for Professional Services This Agreement is made on the WI day of AIM , 20 O� , between the City of Eden Prairie, Minnesota (hereinAftgr "City"), whose business address is 8080 Mitchell Road, Eden �� Prairie, MN 55344, and p lvi? a Sol PAC-0 , a Minnesota $oit p op1 $ I (hereinafter"Con ultant")whose business address is SP 5. 5nei hny Ue Sfi, PoWi) MIS 5511.4 Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set fgqrth the terms and conditions for the provipioni of prof,essional services by Consultant for pod Lake Imps :�' t're o-t4 L ake hII.o► 'war zoohereinafter referred to as the "Work": The City and Consultant agree as follows: 1. Scope of WorWProposal. The Consultant agrees to provide the professional services shown in Exhibit "A" in connection with the Work. The terms of this standard agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. 2. Term. The term of this Agreement shall be from�11 2)17.CUo through 4rr /?d ZOO1, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to ay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 29,3 O. for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 1 Rev. 03-21-2008 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 2 Rev. 03-21-2008 6. Project M na er and Staffing. The Consultant has designated )'lam Mc COW*3 and o 5-11161( y to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment,for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The 3 Rev. 03-21-2008 Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum 4 Rev. 03-21-2008 coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive Liability $1,000,000 property damage per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $2,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CA 00 01, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations Property Damage coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. c. Personal injury with Employment Exclusion (if any) deleted. d. Standard ISO CG0001 0196 Contractual Liability coverage, or its equivalent, and a Separation of Insureds clause. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s) on ISO form CF 20 10 11 85, or its equivalent, naming "the City of Eden Prairie." Additional insured coverage under a July 2004 or later edition of said ISO form is not acceptable. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. 5 Rev. 03-21-2008 h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. i. Incidental Malpractice, Host Liquor Liability, and Blanket Contractual Liability insurance applicable to the Consultant's performance under this Agreement. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All polices, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All polices, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications added, without thirty (30) days prior written notice to the City. A copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable, which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal 6 Rev. 03-21-2008 certificates shall be provided to City not less than thirty (30) days prior to the expiration date of any of the required policies. City will not be obligated, however, to review such declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of • Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation)to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in 7 Rev. 03-21-2008 effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM ME pItt (ow By: Its: 8 d• '' ' ea/IP ' p !Tr-. 01,51;1114,411.9._ ,_ __, ' __ . ft , 4,1,.. .. tt IFF---_:s-- . — -. . ier etrz:.. .. 6,1 • J'—b.' r. {vi' f° n- ': _ jlr ta.‘ ..,. + P. r # - l .ter :,:ti } `it•t. , 41. V' du tj.4..1‘ ... ..4 , j -g: . .1......_. tikfrr.- ',-- "'r.':-'. --"-' : - f4b."- *I% 47/• ' 1 ,'' r uw4•Eve erdiWay, '* .': .,- Round Lakes -- - Y I:'' .I e..r .' `_; ram;* - # J 4: #L VI IF , lote ' .. Round Lake, Eden Prairie (Google Map) Summary of Round Lake Management Activities for 2007 Submitted to: Prepared by: City of Eden Prairie Steve McComas Blue Water Science St. Paul, MN 55116 651 .690.9602 February 2008 Summary of Round Lake Management Activities for 2007 1. Water Quality Summary 1.1. Results for 2007 Water quality data for Round Lake (33 acres) in 2007, the second year of the lake improvement program, are summarized in Table 1. Seasonal results show that the lake continues to meet water quality goals. Also, E. Coli levels were below US EPA swimming beach criteria for the summer months. Water quality for three stormwater ponds is shown in Table 1 as well. All three pond had elevated phosphorus concentrations although Park Pond had low chlorophyll concentration. Table 1. Eden Prairie water quality data 2007. Results for secchi disc (SD) are in feet, total phosphorus (TP) are in ppb, chlorophyll a (chl) are in ppb, fecal coliform (FC) are in CFU/100 ml (colony forming units), and E coli (EC) are in CFU/100 ml. Lakes Round Lake Bren Lane Pond RLP Pond Park Pond SD TP Chl EC SD TP Chl SD TP Chl SD TP Chl Top Bot I I May 14 11.2 36 57 1.1 <1 134 28.7 186 27.9 May 25 13.6 38 52 2.5 <1 1.0 131 8.4 June 11 9.9 23 48 7.6 1 2.5 244 102 1.2 187 55.2 2.9 154 7.3 June 28 6.0 34 191 113 <1 July 9 4.7 50 36 22.3 1 July 27 3.4 42 301 27.9 1 0.5 373 269 1.0 859 218 1.5 134 23.8 Aug 16 3.9 39 150 31.7 29.2 473 179 386 136 789 9.6 Aug 30 4.1 35 126 22.3 37.3 Sept 10 4.9 41 219 18.9 1,046.2 Sept 25 6.2 38 172 15.0 120 0.9 197 149 0.9 190 66 0.5 251 66.8 May-September Average I 6.8 38 135 16 1241 1.7 286 1461 1.2 362 1011 1.5 292 23 June-August Average I 5.3 37 142 21 Table 2. Lake goals and lake results for 2007. Lake Water Quality Goals Impaired Water Round Lake (based on MNLEAP model) Status 2007 Secchi Disc(m) 1.3 1.4 2.1 Total Phosphorus(ppb) 50 40 38 Chlorophyll a (ppb) 20 14 16 E. coli (cfu/100 ml) -- 234* 0- 1,046(range) *E. coli limit for safe swimming is based on US EPA criteria of less than 234 cfu. The swimming beach area was below this criteria through the summer. Summary of Round Lake Management Activities for 2007 1 Round Lake Watershed (444 acres, including the lake) _ —". r , yr t -1 X _1 1 ` `� ' te '.. 1. i . - _- .fir S`ip '� , ,.'�.. \ mow. r .. i .I s�;1,,1- -f ;, = re 4 > Lan = _ "' - i • . _ ,, -i` i ` . • TAG1 � "w n= � P w • Inflow #2 B h C. ,_i_.! 13 __ -..- 4h am Round Lake Watershed 4 i. w.soismag - Park and Landuse 1 "�' .Y POnd I i c R+6-ofr-o \.;'Drainage Arrows f. .�.,r++s.� n Drainage Areas N�� \• ' Landuse i COMMERCE a! „ s _ DWELLING T I far FARMSTDS 'i A GRASSLND r ,5,, 1 LCCROPS # ...t 5 pt.?"kw. w/r7 t _ ,{ LCWATER I '11, 7* PSP R2AREA " Ai.-•' p E , R3AREA 0 i 1.• , ) #; r •. • TRANSPRT 9R r• z= 't.se'1ir.'Y' - ..* - ,a , .. • .. - - - WETLANDS WOODS 0 300 BO0 900 1200 1500 Feel Subwatershed Areas: 1. 235 ac 2. 58 ac 3. 26 ac 4. 11 ac 5. 37 ac Direct: 46 ac Figure 1. Round Lake subwatershed boundaries are outlined in red. The watershed area was calculated to be 444 acres (includes lake area). The largest subwatershed is subwatershed 1 and is 235 acres in size(source: Barr 1999). Summary of Round Lake Management Activities for 2007 2 1.2. Round Lake Long Term Trends Secchi Disc Transparency: The Secchi disc is a black and white disc lowered into the lake until it can just barely be seen and is a measure of water clarity. Secchi disc transparency, as characterized by summer averages, has fluctuated over the years of record, from 1972-2007 (Figure 2). The fluctuating seasonal average could represent the effect of the fish community on water quality, especially in the early 1980s. Since 2000, water clarity is probably influenced by the fish community and the nutrient loading to the lake. Water clarity has been better than the lake goal of 1.3 m in 2005 through 2007. 0 -- - - - - - - - - Lake �— G 1.3oal m 2 2.0 2.1 2.1 2.1 — 2.3 2.6 3 - - 32.8 4 - -- _+.4 4.6 5 :.o 6 III IIIIIIIIIIII IIIIIIIIII I I I IIIIIIII 1972 1978 1980 1982 1984 1985 1988 2002 2005 1975 1981 1983 1985 1987 1991 1993 1997 2001 2003 2005 2007 Figure 2. Growing season average Secchi disc readings from 1972-2007. Summary of Round Lake Management Activities for 2007 3 Total Phosphorus: Phosphorus is the nutrient that typically stimulates algae growth. When phosphorus concentrations get over 40 or 50 ppb, they can produce algae blooms and create turbid water conditions which reduce water clarity. Summer average lake phosphorus concentrations for 1972 through 2007 are shown in Figure 3. Seasonal average phosphorus concentrations in Round Lake ranged from a high of 99 ppb in 1987 to a low of 20 ppb in 1972. Phosphorus concentrations in 2005, 2006, and 2007 were below the lake goal of less than 50 ppb, meaning the Round Lake phosphorus concentration had met the goal. 100 99 8 80 72 II 74 606.5 Bo 53 Lake , Goal 43 .1 42 41 50 p p b 40 s 3$ c4 33 3435 �$ 30 20 20 0 I I I I I I I I I I 9072 1978 1980 1982 1984 1986 1988 2002 2006 1975 1981 1983 1985 1987 1991 1993 1997 2001 2003 2005 2007 Figure 3. Summer average phosphorus concentrations for Round Lake for 1972 - 2007. Summary of Round Lake Management Activities for 2007 4 Chlorophyll and Algae: Algae are small green plants, often consisting of single cells or grouped together in filaments (strings of cells) or colonies. The algae biomass in a lake is commonly characterized by measuring the chlorophyll content in the algae that are living in the lake water. Summer average chlorophyll results for 1972 through 2007 are shown in Figure 4. The summer average has ranged from a high of 37 ppb in 2003 to a low of 4.7 ppb in 1981. In 2007, the chlorophyll average was 16 ppb, this was lower than it was in 2006 (18 ppb)but not as low as in 2005 (11 ppb). The algae community was dominated by dinoflagellates in July and August of 2007. 40 37 36 — 35 — - 30 30 -' 25 vi 122 n Lake 20 - Goal _ 17 I 1 18 —le 20 ppb c15 I 15 14 14 -• T4— - - - 11 11 11 10 T •10 -. F - — - - - s 7 — Lir ! ICIF . r . . 1 �� r f I I I '. I I I 20r ti I r 1972 1978 1980 1982 1984 1986 1988 02 2008 1975 1981 1983 1985 1987 1991 1993 1997 2001 2003 2005 2007 Figure 4. Summer average chlorophyll concentrations in Round Lake for 1972 -2007. Summary of Round Lake Management Activities for 2007 5 2. Watershed Projects in 2007 2.1. Use of Barley Straw in Bren Lane and RLP Stormwater Ponds to Improve Water Quality Historically barley straw has been used to control algal growth in ponds. Recent research results (McComas and Anhorn, 2005) indicate barley straw acts as an organic carbon amendment which stimulates carbon-limited microbial growth in ponds. Because barley straw has a unique characteristic of having a low phosphorus content, as the microbial community begins to multiply, it consumes the organic carbon in the barley, but is forced to obtain phosphorus requirements from the water column of a pond or lake. Based on field monitoring data, it appears that the installation of barley straw in ponds can result in a net phosphorus removal from the water column. Based on results from other ponds, it may be possible to achieve up to a 50%reduction in phosphorus outflow concentrations from stormwater ponds compared to a condition where no barley has been used(Steve McComas, unpublished). t4tL • . • 1, n•:Or Figure 5. Barley straw comes in pelletized form and is contained in mesh bags. This was the type of barley installed in the two ponds. Summary of Round Lake Management Activities for 2007 6 . , . . .a„..s., ., . iiiii_ . --, lkit' ti'14i.;.N . 41 r' } ro e s _ 1 !,• d, c p t',I I _!1>'{l.Ott ' ti+ ° �� ` —� •' - \'`0e .aka a`. ` d i. �w ?p, , r , y . e * 7jI afF t _ ti� �� .. � � � s•few Ali 1 k•C'4\1 ♦ Ytil �se M1 I • \I� `r '„ A ;r. - r1 iZ l br Ali,'; f 4 i•�;/ Figure 6. The mesh bags holding the barley are tied together using cable ties in a set of 4 to 10 bags. Each end of the"string" of barley bags is staked in shallow water, about 2 feet deep, close to shore. Barley straw was installed in two ponds on May 14,2007 at 400 lbs/acre in Bren Lane Pond and at 350 lbs/acre in RLP. Summary of Round Lake Management Activities for 2007 7 Conclusions and Recommendations: The installation of barley straw into the two stormwater ponds did not appear to significantly reduce phosphorus concentrations in the ponds. However,because in other ponds, phosphorus levels have decreased with the use of barley straw, it's possible that something may have kept barley from lowering phosphorus in the Round Lake stormwater ponds. One of those factors could be excessive numbers of fish. Fish surveys were conducted in the two Round Lake ponds in 2006. Netting results showed fish were in both ponds that had barley straw(details are given in the next section, 2.2). However,because fish data, for stormwater ponds is scarce, it is difficult to determine if fish are excessive and are contributing to poor water quality by negating the effects of barley straw. However, the fish densities found in the Round Lake stormwater ponds are similar to fish densities associated with degraded water quality found in other wetland systems (Zimmer et al 2001). A water quality goal for the stormwater ponds is to maintain a seasonal total phosphorus concentration average of 150 ppb. The two ponds with barley straw and fish are above the phosphorus goal with concentrations at 286 ppb (Bren Lane) and 362 ppb (RLP). Phosphorus concentration goals and phosphorus loading goals are shown in Table 3. To achieve the phosphorus goals for Bren Lane and RLP, it is recommended that in 2008, fish removal by trap netting be conducted in Bren Lane Pond and RLP Pond in early summer. In addition, it is recommended that the same dose of barley straw be installed in the two ponds again in 2008. Table 3. Existing phosphorus conditions and target conditions for pond phosphorus concentrations. Bren Lane RLP Predicted Existing Conditions Predicted Existing Conditions Conditions Conditions Conditions with Conditions with with Goal with Goal Without Barley Without Barley Barley (2007) 2006 Barley (2007) 2006 Total phosphorus concentration 193 286 196 150 233 362 266 150 (May-Sept)(ppb) Phosphorus loading to the pond 25 41 26 19 40 52 37 20 (kg/yr) Estimated phosphorus flow weighted mean concentration 322 525 326 235* 325 452 303 165* (pPb) *represents an"equivalent"flow weighted mean concentration Summary of Round Lake Management Activities for 2007 8 3. Lake Projects in 2007 3.1. Status of the Round Lake Aquatic Plants for 2007 The status of aquatic plants in Round Lake is good. Aquatic plant coverage is approximately 64% of the lake area. Research results show when aquatic plants cover at least 40% of the lake, there is a good possibility that plants help sustain clear water conditions. Coontail is the dominant aquatic plant. Eurasian watermilfoil is widespread but does not grow to nuisance conditions. Table 4. Round Lake aquatic plant occurrences for the 2007 surveys. I May 14, 2007 August 16,2007 %Occur %Occur - Spatterdock _ .` '� T`^ (Nuphar variegatum - 1 :,.. White waterlily 45 55 , (Nymphaea tuberosa) jr• Coontail 100 100 r (Ceratophyllum demersum) 't Elodea -- 5 ..•,-.; i r (Elodea canadensis) _ r Eurasian watermilfoil 70 85 (Myriophyllym spicatum) Naiads __ (Najas flexilis) -- Curlyleaf pondweed 15 -- (Potamogeton crispus) Stringy pondweed 5 (P. sp) Filamentous algae 55 15 I' 4-Air .- wooceo ' - - w000rs II 4 —/ 5 t 3. 1,:"-D.-3, ■ 1 AIL \ w.x \ �`., Au-‘ ..--3 4 1 0 x. /r \ • LL I ....../ \ . �. 6 'MATE ,� ll 14 •"� �ti f 14 \ to.v l i a �� 4f .tee r `�A+ sr RN Ao_ "._ IL I * 1‘t�y_ aW At4 IL 1 - _Y-q I\�1, A O i � 81 n Y v i a o Figure 7. (left) Early summer aquatic plant coverage in 2007. Aquatic plant coverage is shown in green and covers about 21 acres out of a total of 33 acres (shown in green). (right)Late summer aquatic plant coverage in 2007 is nearly the same as early summer. The pink area shows coverage of aquatic plants which covered about 20 acres. Summary of Round Lake Management Activities for 2007 9 Table 5. The percent occurrence of aquatic plants for Round Lake in 2006 and 2007. Percent occurrence is calculated based on the number of times a plant species occurs at a sampling station divided into the total number of stations for the survey. For example, if milfoil was found in 25 out of 50 stations, its percent occurrence would be 50%. May 30,2006 May 14,2007 July 26,2006 August 16, Changes from Occurrence %Occurrence %Occurrence 2007 2006 to 2007 (20 stations) (20 stations) (20 stations) %Occurrence (+/-) (20 stations) Spatterdock 5 (Nuphar variegatum) White waterlily 65 45 60 55 + (Nymphaea tuberosa) Coontail 100 100 100 100 0 (Ceratophyllum demersum) Elodea 5 5 (Elodea canadensis) Eurasian watermilfoil 85 70 45 85 + (Myriophyllum spicaturm) Naiads 5 (Najas flexilis) Curlyleaf pondweed 5 15 -- -- - (Potamogeton crispus) i Stringy pondweed 10 -- -- 5 + (P. sp) Filamentous algae 85 55 F 25 15Aquatic Plant Coverage(acres) 21 21 21 20 Secchi disc(ft) 13.1 11.2 7.2 3.9 - Summary of Round Lake Management Activities for 2007 10 3.3. Goose Control Maintaining a low resident goose population has multiple benefits for Round Lake which include: reduced nutrient loading to the lake, reduced loading of E. coli to the swimming area, and reduced goose "litter" in the park. In 2006, 21 geese were removed from Round Lake Park. The current resident population is estimated to range from 20 to 50 birds. At this level, lake impacts are minor. However, ongoing goose control is probably necessary. As a contingency project, if E. coli levels get too high in the summer, spraying the swimming beach with a dilute chlorine bleach solution may reduce active E. coli from washing into the swimming area. This technique has been successfully applied at Bush Lake Beach by the City of Bloomington. 1 04 —x— Geese ,/ ,' - --4--- Dabbling ducks x 4 r - ---o---• Diving ducks �/�• : /• >,, Assume P loading at /• Cr) 2,000 g/yr= 5 Ibs/yr as 103 �� co - x • CTi /.• C - /: co /: o - fa. /: 102 — ../. - ,r: o ctl x /; - : 30 geese for 100 days= /• 3,000 waterfowl-use days . tt: lir 101 I I 1 I 1 I11I I f t HMO I IIl f 1 1 1 1 111, 102 103 104 105 Annual effective waterfowl-use days (d yr 1) Figure 8. Relation between annual waterfowl use days and the annual phosphorus loading rate by three kinds of waterfowl(from Manny et al 1994). For Round Lake,with the present low resident goose population,phosphorus loading from geese is low at about 5 lbs of P/yr. Summary of Round Lake Management Activities for 2007 11 4. Recommended Projects for 2008 Recently implemented and ongoing projects: 1. Phosphorus fertilizer restrictions (State law). 2. Stormwater management projects (three pond upgrades and one new constructed pond are proposed by the Watershed District). 3. Ongoing goose control(goose removal program should continue). 4. Street sweeping(city-sponsored). 5. Ongoing education program. Project Plans for 2008: 1. Stormwater pond projects. 1.1. Based on fish survey results of three ponds in 2006 showing high levels of fish in two ponds, conduct fish removal in Bren Lane Pond, a key stormwater pond,in 2008. 1.2. Install barley straw in two stormwater ponds to reduce phosphorus concentrations. 2. Shoreland projects. 2.1. Maintain shoreland native plant buffers for water quality and to dissuade waterfowl from entering the lake. The current buffer is adequate and should be maintained. 3. Biomanipulation projects. 3.1. Maintain native aquatic plant base and maintain a balanced fishery. As a contingency, to reduce phosphorus, crushed corn could be applied to the lake. Based on the latest plant surveys and the MnDNR fish survey from 2006,the plant community is adequate and fish community appears to be in a balanced condition. However, a biomanipulation assessment is recommended. This involves an ecological survey of forage availability to the omnivorous fish community. This assessment characterizes the strength of the biomanipulation effect in Round Lake. 4. Aquatic plant management of nuisance conditions. 4.1. Managing nuisance non-native aquatic plants: Use mechanical harvesting, if needed, to control nuisance growth of Eurasian watermilfoil in active use areas around the lake. 5. Recreational projects. 5.1. Goose control or, if needed,beach washing to reduce E. coli in the swimming area. 5.2. Aquatic plant management in the swimming area. Nearshore plant maintenance may be needed on a weekly or daily basis to remove plants and filamentous algae that have washed up on shore or to maintain recreational use in the swimming beach area. 6. Watershed and lake monitoring program Summary of Round Lake Management Activities for 2007 12 Project Budget for Year 3 from Lake Management Plan: Estimated annual costs and a five-year total project cost for the Round Lake management program are summarized in Table 6. Several capital improvement projects that involve stormwater pond upgrades and construction have already been allocated. Table 6. Round Lake management project sequence, annual costs, and total project cost for a 5-year program. 2006 2007 2008 5 Year 2009 2010 Project Number(from Section 5) Actual Actual Proposed Estimated Costs Costs Costs Estimate Estimate Cost 1. Watershed Projects 1.1. Fish surveys or removal in 4,100 0 2,500 ,1,600 -- <12,300 stormwater ponds. 1.2. Install barley straw in two key 3,500 4,000 4,200 s11,000 ponds. 2. Shoreland projects. 0 2.1. Maintain shoreland conditions. (inventory) 0 CICity City 0 3. Biomanipulation projects. 3.1. Aquatic plant projects(possible 3,600 no removal 0 2,500 2,500 11,100 custom harvesting). (surveys) needed 3.2. Biomanipulation assessment and MnDNR no removal 6,000 fish projects(possible fish removal 6,200, (removal if 0 12,000 program). Survey needed needed) 3.3. Algae control projects(organic no organic no organic carbon amendment may be used if -- carbon carbon 5,800 5,800 17,400 needed). needed needed 4. Aquatic plant nuisance control. 4.1. Managing non-native invasive City City plants,primarily in the swimming - sponsored sponsored -- -- 3,000 area 5. Recreational projects. 5.1. Goose control. 1,500 0 1,500 1,500 9,000 5.1. Nearshore aquatic plant 0 0 0 1,500 1,000 6,500 maintenance 6. Watershed and lake monitoring and plant 5,000 11,100 6,400 14,300 14,300 56,500 surveys TOTAL(Actual costs for2006 and 2007) $17,700 $15,100 $19,300 $33,200 $25,100 I $138,800 Estimated Costs (from 2005 Round Lake Management Plan) ($29,900) ($39,700) ($37,200) ($33,200) ($25,100) ($165,100) Reserve Projects A. Additional street sweeping. 110/hr(est) City City City City B. Lake sediment alum project -- NY -- 16,000 32,000 Summary of Round Lake Management Activities for 2007 13 5. References Anderson, M.R. and J. Kalff. 1986. Nutrient limitation of Myriophyllum spicatum growth in situ. Freshwater Biology 16:735-743. Anderson, M.R. and J. Kalff. 1986. Regulation of submerged aquatic plant distribution in a uniform area of a weedbed. Journal of Ecology 74:953-961. Barko, J.W. and R.M. Smart. 1986. Sediment related mechanisms of growth limitation in submerged macrophytes. Ecology 67:1328-1340. Barko, J.W., D. Gunnison, and S.R. Carpenter. 1991. Sediment interactions with submersed macrophyte growth and community dynamics. Aquatic Botany 41:41-65. Barr Engineering Co. 1999. Round Lake use attainability study. Prepared for Riley- Purgatory-Bluff Creek Watershed District. Minneapolis, MN. Manny and others. 1994. Nutrient additions by waterfowl to lakes and reservoirs: predicting their effects on productivity and water quality. Hydrobiolgia 279/280: 121- 131. McComas, S.R. and R. Anhorn. 2005. Increasing lake heterotrophic activity with organic carbon amendments to reduce algal blooms. North American Lake Management Society Conference, Madison, Wisconsin. Abstract and presentation. Shapiro, J. and D.I. Wright. 1984. Lake restoration by biomanipulation, Round Lake, Minnesota-the first two years. Freshwater Biology 14:371-383. Zimmer, K.D., M.A. Hanson, M.G. Butler, W.G. Duffy. 2001. Influences of fathead minnows and aquatic macrophytes on nutrient partitioning and ecosystem structure in two prairie wetlands. Arch. Hydrobiologia. 150:411-433. Summary of Round Lake Management Activities for 2007 14 APPENDIX Fish Survey of Bren Lane, RLP, and Park Stormwater Ponds Tributary to Round Lake One of the factors influencing watershed nutrient loading to Round Lake is the nutrient concentration in the tributary stormwater ponds. If the ponds sustain high phosphorus levels, then they will discharge a high phosphorus load to Round Lake. One of the components that could influence nutrient concentrations in the shallow stormwater ponds is the fish community within the pond. Results: Two trapnets were set in Bren Lane, RLP, and Park stormwater ponds on July 5, 2006. Trapnets were checked for the next two days. A summary of catch rates is shown in Table A-1. Two of the three ponds had fish. Fathead and shiner minnows were the dominant fish in the Bren Lane Pond and bluegill sunfish were the dominant fish species in RLP Pond. No fish were found in the Park Pond. Other fish species observed in the ponds were stickleback, minnows, largemouth bass, several species of sunfish and black bullheads (Table A-1). A variety of wildlife was found as well and included snapping turtles, painted turtles, frogs, tadpoles, crayfish, and muskrats. Table A-1. Summary of trapnet catch rates from three stormwater ponds tributary to Round Lake. Bren Lane RLP Park* 2.2 ac 0.4 ac 0.5 ac (n=2 nets) (n=4 nets) (n=4 nets) number/net lbs/net number/net lbs/net number/net Ibs/et Largemouth bass -- -- 4 1.5 -- -- Bluegill sunfish -- -- 171 3.5 -- -- Pumpkinseed sunfish 9 0.8 3 0.1 -- -- Green sunfish 127 2.4 -- -- -- -- Black bullheads 4 0.9 -- -- -- -- Fatheads 422 1.9 -- -- -- -- Sticklebacks 2 -- -- -- -- -- Shiners 1,015 2.4 -- -- -- -- Total/net 1,570 8.4 178 5.1 0 0 Snapping turtles 1 0.3 0.3 Painted turtles 0.5 1.3 0.3 Tadpoles 0.3 Frogs 0.3 Snails 25+ Muskrats 0.3 Fish Impacts on Stormwater Pond Water Quality: At the fish density found in the stormwater ponds, its feasible that fish are contributing to poor water quality in the Round Lake stormwater ponds (Table A-2). How do fish cause poor water quality? At high densities, minnows and young bluegill sunfish deplete zooplankton in the water column as well as feed off the pond bottom. The bottom feeding results in resuspension of pond sediments. However, there is another impact as well. The fish ingest sediment along with food particles, and excrete most of the sediment which is high in phosphorus. This is another way phosphorus gets in the water column. Stomach content analysis of minnows in other lakes with similar fish densities found bottom detrital material in their guts and confirms that fish are feeding off the bottom. The result is an elevated phosphorus concentration in the stormwater ponds resulting in abundant algae growth combined with the suspension of bottom pond sediments that together produce poor water clarity. Table A-2. Growing season (May- September) total phosphorus concentrations in three stormwater ponds and predicted phosphorus concentrations. Bren Lane RLP Park (fish present) (fish present) (no fish) 2007 actual TP concentration 286 362 292 Predicted TP concentration (based on estimated p 193 233 158 loading and MNLEAP lake model) i Conclusions and Recommendations: Barley straw was installed in the three stormwater ponds in 2006. Because barley straw has improved water quality in other metro area ponds it was anticipated that water quality would improve in the stormwater ponds as well. However water quality improved only slightly in the Round Lake stormwater ponds. The total phosphorus goal for the ponds is a seasonal average of 150 ppb. Maybe the fish are keeping the ponds TP artificially high. The fish density found in the Bren Lane and RLP Ponds is at the level that has been shown to have adverse water quality impacts in other wetland systems. It is assumed that in the Round Lake stormwater ponds, the fish density was high enough to raise the phosphorus concentration to a higher concentration than would have been observed if a lower fish density was present. It is recommended in 2007, that young of the year bluegills and fathead minnows should be seined or trapped and removed from the two ponds and then add barley to see if water quality improves compared to 2006 levels. • E ► . `` ` .� V'+ "l ,'`'*�►'� �. �'ti Kf-•ram . • ., .. ti � , I -Y • Y91 r x- Figure A-1. [left] Minnows collected from Bren Lane Pond. [right] Removing a snapping turtle from RLP Pond. Status of the Round Lake Fishery Round Lake has a somewhat famous fish history. In the fall of 1980, the fish community was eliminated with the fish toxicant rotenone and then restocked. The objective was to improve water quality. Scientists from the University of Minnesota followed the changes in the fish, zooplankton, algae, and clarity from 1980 through 1982. Lake water quality improvements were noticeable for a couple of years (Shapiro and Wright 1984). This has been a widely referenced biomanipulation study. When conditions started to get worse, the lake was rotenoned again in the fall of 1985. This second attempt to improve the lake conditions was short-lived. A history of bluegill sample results since 1975 is shown in Figure A-2. High densities of bluegills (over 100 per net) have been recorded for a number of years since 1975. High bluegill densities can have adverse impacts on water quality and may explain some of the poor water quality conditions observed over the years. However, there has been a decreasing trend in bluegill density since 1991. The decreasing trend may be due to better predation pressure by the predator fish in the lake, like largemouth bass. It's possible the reduction in the high density of bluegill sunfish has a beneficial impact on water clarity. The most recent fish survey conducted in June of 2006 by the MnDNR shows bluegill densities are acceptable for water quality considerations. 450 400 350 300 250 icrl 200 5 150 100 50 — # 0 IIIII II I I I I I I I I I II I I I I I I I I I I I I 1975 1978 1980 1982 1984 1985 1988 1990 1992 1994 1998 1998 2000 2002 2004 2005 1977 1979 1981 1983 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003 2005 Figure A-2. Bluegill sunfish trapnet catches from the MnDNR fish surveys from 1976 through 1994 (from Barr 1999) and 2000 and 2006 MnDNR data. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 6, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 07-5704 ITEM NO.: VIII.H. Mary Krause Award Contract for Scenic Heights Public Works /Engineering Watermain Improvements Requested Action Move to: Award Contract for Scenic Heights Watermain Improvements to Ellingson Drainage Inc., in the amount of$101,236.00. Synopsis Sealed bids were received Thursday, April 24, 2008 for the Scenic Heights Watermain Improvements project. Three bids were received as follows: Ellingson Drainage, Inc. $101,236.00 GM Contracting, Inc. $115,638.84 Parrott Contracting Inc. $130,753.50 Background Information Attachments • Letter of Recommendation for Award from HTPO • Bid Summary Engineering Surveying ;) Landscape Architecture i April 24,2008 Ms. Mary Krause City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Construction Bids for Scenic Heights Road Watermain I.C. 07-5704 Dear Ms. Krause, Bids were received and opened at 10:00 a.m. on Thursday April 24, 2008, for the above referenced project. The bids are shown on the attached Summary of Bids. The Engineer's Estimate for this project was $93,964.00. The low bidder, Ellingson Drainage, Inc. came in 8% above the Engineer's Estimate with a bid of$101,236.00. Recommendation is made that the City Council awards I.C. 07-5704 to Ellingson Drainage, Inc. in the amount of $101,236.00. This recommendation considers that the City Council reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Respectfully, Hansen Thorp Pellinen Olson, Inc. cpaLiit44' Laurie A.Jo son,P.E. 7510 Market Place Drive Enclosures Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax www.htpo.com HANSEN THORP PELLINEN OLSON, INC. SUMMARY OF BIDS City of Eden Prairie I.C. 07-5704 DESCRIPTION: Scenic Heights Road Watermain BID OPENED: April 24, 2008 CONSULTING ENGINEER: Hansen Thorp Pellinen Olson, Inc. CHECKED BY: Hansen Thorp Pellinen Olson, Inc. Bidder Bid Security Total Bid Ellingson Drainage, Inc. Yes $101,236.00 GM Contracting, Inc. Yes $115,638.84 Parrott Construction, Inc. Yes $130,753.50 The undersigned recommend the award of the contract to: Ellingson Drainage, Inc. as the lowest responsible bidder for this Improvement Contract. c_lett.pix; 4/. 24/lair,— Consulting Engineer City Engineer CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 6, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 07-5708 ITEM NO.: VIII.I. Randy Newton Approve Plan and Specifications and Public Works/Engineering Order Advertisement for Bids for the Reconstruction of Flying Cloud Drive Requested Action Move to: Adopt resolution approving plans and specifications and ordering advertisement for bids for reconstruction of Flying Cloud Drive. Synopsis With the assistance of SEH, Inc. the Engineering Division has prepared plans and specifications for the reconstruction of Flying Cloud Drive from 400 feet south of Shady Oak Road to the entrance to the Flying Cloud Drive Dog Park. Construction of the project is planned to occur between June and October of this year and will include the closure of Flying Cloud Drive. Background Information The planned improvements to Flying Cloud Drive include constructing Flying Cloud Drive as a 3-lane roadway from south of Shady Oak Road to the south end of the Liberty Plaza campus (near the dog park). The Flying Cloud Drive Improvements also include an 8 foot trail on the east side of Flying Cloud Drive extending to Shady Oak Road. The improvements to Flying Cloud Drive are a requirement of the Liberty Plaza Developer's Agreement. The improvements are needed to accommodate the proposed Liberty Plaza development and the future re- development to the southern portion of the Liberty Plaza site. It is anticipated that the project will be bid on or after June 5, 2007. Construction of the project is planned to begin in late June and the project is expected to be substantially complete by October. In order to most efficiently construct the project Flying Cloud Drive will be closed during construction and appropriate detours will be posted. Financial Implications The preliminary construction cost estimate for the project is $1.3 million. The developer (Liberty Property Trust), on an assessment basis, is responsible for these and all other costs associated with the project with the exception of additional right-of-way for the proposed trail. Attachments • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2008- A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS RECONSTRUCTION OF FLYING CLOUD DRIVE I.C. 07-5708 WHEREAS, the City Engineer, with the assistance of S E H, Inc., has prepared plans and specifications for the following improvements to wit: I.C. 07-5708—Reconstruction of Flying Cloud Drive and has presented such plans and specification to the Council for approval. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1) That said plans and specifications, a copy of which is on file for public inspection in the City Engineer's Office, are hereby approved. 2) That the City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state the date and time that the bids will be publicly opened and the City County meeting at which they will be considered. No bids will be considered unless sealed and filed with the Engineering Division and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City of Eden Prairie for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on May 6, 2008. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 6, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 07-5698 ITEM NO.: VIII.J. Leslie A. Stovring Approve Plans and Specifications and Order Public Works/Environmental Advertisement for Bids for stabilization of a portion of Purgatory Creek within the Lower Minnesota River Watershed District. Requested Action Move to: Approve plans and specifications and order advertisement for bids for I.C. 07- 5698, Purgatory Creek Stabilization Project. Synopsis With the assistance of SRF Consulting Group, Inc., the Engineering Division has prepared plans and specifications for stabilization of Study Area 4 on Purgatory Creek within the Lower Minnesota River Watershed District(LMRWD). LMRWD has reviewed and approved the plans. Background Information Study Area 4 is located immediately south (downstream) of Riverview Road and approximately 0.25 miles west of TH 169 within Purgatory Creek. The project will consist of repairing, clearing, and stabilizing a 420-foot reach of Purgatory Creek downstream of Riverview Road that is experiencing localized areas of severe streambank erosion. The creek erosion is threatening the stability of an adjacent wetland and is considered to be a high priority area by LMRWD. Two specific sites have been identified for streambank repair where the Creek has migrated into standing trees and other vegetation. While the trees and other vegetation stabilize the bank for a period of time, many trees have been consumed by channel migration. Erosion of the east bank approximately 140 ft downstream of Riverview Road is complicated by the presence of a spring- fed wetland that has led to saturated bank conditions that are less stable. Further downstream, a large segment of the outside streambank of a sweeping meander has eroded, taking with it a significant portion of upland and is threatening significant trees. If left alone, the conditions would likely accelerate downstream streambank instabilities which already exist. Repair and permanent stabilization methods include returning the Creek to its original meander by utilizing a vegetated geogrid system together with boulder vanes. This system falls within the bioengineering category of stabilization methods, and is designed to closely emulate the natural stream system and aesthetic while providing a permanent solution to erosion in this area. Vegetated geogrids are proposed to be implemented at both of the sites noted above. Between the two stabilization sites, debris clearing and minor channel shaping would be used to ensure the Creek will not re-meander due to future obstructions that may enter the waterway. Project Schedule Construction is anticipated to begin in July 2008 with completion by December 2008, depending on summer rainfall and creek flow conditions. Financial Implications The anticipated construction cost for the project is $164,000. Lower Minnesota River Watershed District has agreed to reimburse the city 50% of the costs,up to a maximum of$75,000. The remainder will be paid out of the stormwater utility fund. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 6, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K. Rick Wahlen Award Contract to Traut Wells for the Public Works/Utilities Construction of Municipal Well No. 16 Requested Action Move to: Award the contract for the construction of Municipal Well No. 16 to Traut Wells, Inc. of Waite Park, MN, in the amount of$362,795, pending final approval of the project plans by the Minnesota Department of Health engineers, and review of the driller's qualifications statement. Synopsis The City of Eden Prairie Utilities Division opened sealed bids on April 28, 2008 for the construction of a deep municipal water well approximately 2,200 feet south of Eden Prairie City Center in Pheasant Woods Park. The bid tabulation from the two drillers who submitted bids is attached. The bids were within $85 of each other. Traut Wells can be substantially complete on September 30, 2008. Bergerson-Caswell requested a substantial completion date of December 15, 2008. Staff recommends award of the contract to the driller who can complete the well in the shortest time. Background Information In accordance with the Utility Division Capital Improvements plan, Well No. 16 is the first of five additional deep water municipal waters to be completed in the Jordan Aquifer which will meet the per-capita water demands of the planned population of the city. The well construction contract documents allow the City to select the well drilling method which best meets the needs of the project, while simultaneously meeting the needs and concerns of the public who live in close proximity to the well construction site. Although Bergerson-Caswell submitted the low bid, their request to extend the project time, combined with the concerns we have regarding the disruption to the adjoining home owners for an additional 2-1/2 months, makes the selection of Traut Wells the logical and appropriate decision. The project will be paid from the Utility Construction Fund. Attachment • Bid Tabulation Sheet Page 1 BID TABULATION SUMMARY FOR CONSTRUCTION OF MUNICIPAL PRODUCTION WELL NO.16 FOR THE CITY OF EDEN PRAIRIE,MINNESOTA Item Engineers Traut Wells Bergerson-Caswell,Inc. Number Description Estimate Quantity Unit Bid$ Total Bid$ Unit Bid$ Total Bid$ Unit Bid$ Total Bid$ 1 Mobilization 1 $ 39,500.00 $ 39,500.00 $ 28,465.00 $ 28,645.00 $46,960.00 $ 46,960.00 2 Silt Fence 800 $ 5.00 $ 4,000.00 $ 5.00 $ 4,000.00 $ 5.00 $ 4,000.00 3 Drill/Drive 30-inch Casing 220 $ 300.00 $ 66,000.00 $ 365.00 $ 80,300.00 $ 285.00 $ 62,700.00 4 Drill 30-inch Open Hole 105 $ 170.00 $ 17,850.00 $ 235.00 $ 24,675.00 $ 175.00 $ 18,375.00 5 Install 24-inch Casing 325 $ 150.00 $ 48,750.00 $ 115.00 $ 37,375.00 $ 125.00 $ 40,625.00 6 Drill 24-inch Open Hole 80 $ 125.00 $ 10,000.00 $ 100.00 $ 8,000.00 $ 155.00 $ 12,400.00 7 Place Neat Cement Grout 50 $ 375.00 $ 18,750.00 $ 400.00 $ 20,000.00 $ 390.00 $ 19,500.00 8 Explosives 400 $ 27.00 $ 10,800.00 $ 20.00 $ 8,000.00 $ 25.00 $ 10,000.00 9 Rock Removal 900 $ 80.00 $ 72,000.00 $ 85.00 $ 76,500.00 $ 80.00 $ 72,000.00 10 Placement of Air Compressor 1 $ 7,500.00 $ 7,500.00 $ 8,600.00 $ 8,600.00 $ 7,500.00 $ 7,500.00 11 Air Surging 125 $ 225.00 $ 28,125.00 $ 295.00 $ 36,875.00 $ 240.00 $ 30,000.00 12 Television Survey 1 $ 1,450.00 $ 1,450.00 $ 1,300.00 $ 1,300.00 $ 1,300.00 $ 1,300.00 13 Placement of Test Pump 1 $ 6,000.00 $ 6,000.00 $ 5,800.00 $ 5,800.00 $ 5,500.00 $ 5,500.00 14 Well Testing for Yield 80 $ 145.00 $ 11,600.00 $ 185.00 $ 14,800.00 $ 125.00 $ 10,000.00 15 Sand Content Testing 5 $ 80.00 $ 400.00 $ 45.00 $ 225.00 $ 100.00 $ 500.00 16 Chemical/Biological Testing 1 $ 4,750.00 $ 4,750.00 $ 4,800.00 $ 4,800.00 $ 5,550.00 $ 5,550.00 17 Sound Barrier 1600 $ 15.00 $ 24,000.00 $ 1.00 $ 1,600.00 $ 9.00 $ 14,400.00 18 Gamma Log 1 $ 900.00 $ 900.00 $ 1,300.00 $ 1,300.00 $ 1,400.00 $ 1,400.00 TOTAL BASE BID PRICE $ 372,375.00 $362,795.00 $362,710.00 TOTAL ON BID FORM $362,795.00 $367,124.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 6, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 08-5728 ITEM NO.: VIII.L. Randy Newton Approve Professional Services Public Works/Engineering Agreement with SRF Consulting Group for the TH 212 / Shady Oak Road Interchange Concept Study Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group for the TH 212/ Shady Oak Road Interchange Concept Study. Synopsis The purpose of the TH 212/ Shady Oak Road Interchange Concept Study is to take a proactive look at the interchange area and develop short and long term solutions to the growing levels of traffic and congestion in the interchange area. City staff has received concerns from the development community regarding the anticipated traffic growth in the interchange area and its impacts on existing businesses and planned developments. Background Information Over the past several years a number of different traffic studies including the GTA Traffic Study, the GTA Land Use Study, the United Health Group AUAR, and the Liberty Plaza Traffic Study have identified a future need for significantly increasing the capacity of the TH 212 / Shady Oak Road Interchange. The need is based on both the high levels of existing traffic and the additional traffic that will be generated from planned future developments in both the Golden Triangle and City West areas. In reviewing the potential development opportunities for their site on Flying Cloud Drive, Liberty Property Trust and SuperValu have expressed interest in reviewing the needs for this interchange and determining whether or not short term solutions could be implemented to help bridge the gap to an eventual full interchange improvement. Financial Implications The Professional Services Agreement for the TH 212/ Shady Oak Road Interchange Concept Study has an estimated cost of$29,400. The study is planned to be funded by the Economic Development Fund. Attachments • Professional Services Agreement • SRF Proposal Letter Rev. 03-21-2008 Standard Agreement for Professional Services This Agreement is made on the 6 day of May , 20 08 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group,inc. , a Minnesota Corporation (hereinafter "Consultant") whose business address is One Calson Parkway North, Suite 150, Minneapolis, Minnesota, 55447. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Concept Study for the TH 212 / Shady Oak Road Interchange hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown in Exhibit "A" in connection with the Work. The terms of this standard agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. 2. Term. The term of this Agreement shall be from May 6, 2008 through November 1, 2008 , the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 29,400 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon 1 Rev. 03-21-2008 public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Todd Polum and Dennis Eyler to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 2 Rev. 03-21-2008 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 3 Rev. 03-21-2008 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: 4 Rev. 03-21-2008 Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive Liability $1,000,000 property damage per occurrence $2,000,000 general aggregate $2,000,000 Products— Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $2,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CA 00 01, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations Property Damage coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. c. Personal injury with Employment Exclusion (if any) deleted. d. Standard ISO CG0001 0196 Contractual Liability coverage, or its equivalent, and a Separation of Insureds clause. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s) on ISO form CF 20 10 11 85, or its equivalent, naming "the City of Eden Prairie." Additional insured coverage under a July 2004 or later edition of said ISO form is not acceptable. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. Incidental Malpractice, Host Liquor Liability, and Blanket Contractual Liability insurance applicable to the Consultant's performance under this Agreement. 5 Rev. 03-21-2008 D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All polices, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All polices, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications added, without thirty (30) days prior written notice to the City. A copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable, which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City not less than thirty (30) days prior to the expiration date of any of the required policies. City will not be obligated, however, to review such declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. 6 Rev. 03-21-2008 F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 7 Rev. 03-21-2008 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: Its: 8 SCONSULTING GROUP , INC . MINNEAPOLIS FARGO ENGINEERS I PLANNERS I DESIGNERS MADISON April 23, 2008 Mr. Randy Newton, PE, PTOE Traffic Engineer CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mr.Newton: SUBJECT: PROPOSAL FOR PROFESSIONAL SERVICES FOR A PLANNING LEVEL CONCEPT STUDY FOR IMPROVEMENTS TO THE TH 212/SHADY OAK ROAD INTERCHANGE Based on your request, SRF is pleased to submit our proposal to provide professional services for the preparation of a Planning Level Concept Study for Improvements to the TH 212/Shady Oak Road Interchange. We understand that the City of Eden Prairie will use this study to help identify implementable concepts to improve traffic operations of the interchange. SCOPE OF SERVICES The study will include the following key components: A. Ultimate Interchange Improvements • Determine potential alternatives for an ultimate interchange improvement based on 2030 traffic projections. This will include a potential LRT crossing at Shady Oak Road. • Provide anticipated level of benefit(or level of service) of each alternative. • Provide concept level cost estimates for potential improvements. B. Interim(Near-term) Improvements • Determine a range of potential short-term improvements that can be implemented to improve interchange operations. • The improvements should take into account existing traffic as well as anticipated new development traffic. • Provide anticipated level of benefit(or level of service) of each alternative. • Provide concept level cost estimates for potential improvements. www.srfconsulting.com One Carlson Parkway North,Suite 150 I Minneapolis,MN 55447-4443 1763.475.0010 Fax:763.475.2429 An Equal Opportunity Employer Mr.Randy Newton,PT,PTOE Page 2 City of Eden Prairie April 23, 2008 C. Traffic Analysis • The City will provide traffic data from recently completed traffic impact studies as well as base Synchro files from the traffic impact studies. The traffic data includes forecast volumes for both the near term and the 2030 traffic scenario. • It is anticipated that some traffic analyses will be necessary to determine appropriate improvements and the level of benefit provided for each, however, detailed traffic analysis is not expected. • Review traffic projections developed as part of the City Transportation Plan. Reconcile differences from traffic studies. • The following key intersections will be included in the concept layouts and evaluation: — Shady Oak Road/Flying Cloud Drive — Shady Oak Road/TH 212 East Ramp — Shady Oak Road /TH 212 West Ramp — Shady Oak Road/Bryant Lake Drive D. Meetings and Documentation • Attend up to two meetings with City staff and stakeholders. • Provide a draft and final documentation of study findings. The proposed study will include the following Deliverables: • Hand-drawn concept sketches of near-term and ultimate interchange improvements. • Concept level cost estimates for each alternative. • Summary of improvements, cost estimates, and expected benefits. This concept study will assist the City with planning for future design studies that will require significant review, input and approval from other agencies (Hennepin County, Mn/DOT and FHWA specifically). We recommend that the City include Mn/DOT staff in the review process. The future design studies will likely require environmental documentation, CORSIM traffic modeling, access modification requests and staff-approved layouts. None of these tasks are included in this concept study scope of work. ASSUMPTIONS The City of Eden Prairie will supply the following information: • Recent traffic studies (at least two studies completed within the past three years). • Synchro model (model will need some updating). • Aerial mapping(2007 flight). • Traffic projections from the City Transportation Plan. Mr.Randy Newton, PT,PTOE Page 3 City of Eden Prairie April 23,2008 SCHEDULE AND BUDGET We will complete our work on a mutually agreed upon time schedule. We propose to be reimbursed for our services on an hourly basis for the actual time expended at our standard billing rates. Other direct project expenses, such as printing, supplies, etc., will be billed at cost, and mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. Based on our understanding of the project and our Scope of Services, we estimate the cost of our services to be $29,400, which includes both time and expenses. CHANGES IN THE SCOPE OF SERVICES/ADDITIONAL SERVICES It is understood that if the scope or extent of work changes or additional services are requested, the cost will be adjusted accordingly. Before any out-of-scope or additional service work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP,INC. ,,,��/ �D Matthew D. Hansen, PE, LS Todd Polum, PE, PTOE Principal Senior Associate MDH/TP/bls SRF No. P08291 This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 6, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.M. Stu Fox, Manager Bids for Edenbrook Nature Trail and Parks and Natural Resources Boardwalk Project Phase II Motion Move to: Award the contract for the Edenbrook Nature Trail and Boardwalk Project Phase II to Odessa II in the amount of$97,030. Synopsis Staff worked with Brauer and Associates to prepare plans and specifications for phase II construction of trail and boardwalk sections of the Edenbrook Conservation Area. This project is funded by money through the Capital Improvement Plan and was part of the approved 2008 budget. Phase I of the Edenbrook Conservation Area nature trail construction was done in 2006. That project consisted of a trailhead parking area as well as a nature trail and boardwalk section that connected the parking area with Rustic Hills Park. The original master plan for the Edenbrook Conservation Area that was completed and approved in 2005 indicated that up to four phases could be implemented to fully develop the nature trail system in this large 260-acre conservation area. The plans and specifications for phase II included construction of approximately 3,000 lineal feet of 48-inch wide natural surface trail as well as 2,060 lineal feet of 3-foot wide boardwalk. Bids were received on April 22 and staff is recommending the approval of the low bid from Odessa II in the amount of$97,030. The engineers estimate for this project was approximately $160,000. The Parks, Recreation and Natural Resources Commission will review this information at their May 5 meeting. Background The installation of phase II actually involves a combination of phase II and phase III projects of the original master plan. These two phases were combined after receiving a petition from the area residents in 2007.Nearly 150 people signed a petition requesting that city staff move forward with additional phase construction for the Edenbrook nature trail project due to the overwhelming acceptance and utilization of this trail system. This petition was presented to the Parks, Recreation and Natural Resources Commission and several of the area residents also spoke regarding the desirability to have additional phases built as soon as capital improvement funding was available. Based on the recommendation of the Parks, Recreation and Natural Resources Commission, staff included funding for phase II in the 2008 CIP budget and that budget was approved in the amount of$200,000. Bids for Edenbrook Nature Trail and Boardwalk Project Phase II May 6, 2008 Page 2 Bid Summary Bids were received on April 22, 2008 and the following is a summary of that bid tabulation: • Odessa II $97,030 • Do-Right Construction $99,300 • Barber Construction $109,400 • Blackstone Construction $156,920 • Peterson Companies $171,210 • Sunram Construction $188,505 • Veit Companies $253,550 Along with the bids, the bidders were required to fill out a qualification statement indicating where they had built similar projects and indicate the scope of the project, the value, and the contact references for that particular project. Two of the bidders (Do-Right Construction and Sunram Construction) did not include the bidder qualification sheets. Based on the tabulation and qualifications, staff recommends that the contract be awarded to Odessa II in the amount of$97,030. Odessa II was the contractor on the first phase of the Edenbrook Conservation Area project. The project is slated to begin in late July/early August with a completion of October 1, 2008. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 6, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 08-5723 ITEM NO.: VIII.N. Mary Krause Award Contract to Midwest Asphalt for Public Works/Engineering 2008 Bituminous Overlay Project Requested Action Move to: Award Contract for 2008 Street Bituminous Overlay project to Midwest Asphalt, in the amount of$1,112,555. Synopsis Bids were received on Thursday, May 1, 2008 for the 2008 Bituminous Overlay project. Seven bids were received and are tabulated as follows: Midwest Asphalt Corporation $1,112,555.00 William Mueller& Sons, Inc. $1,188,055.00 Valley Paving, Inc. $1,207,760.00 Bituminous Roadways, Inc. $1,257,675.00 Hardrives, Inc. $1,299,320.00 Northwest Asphalt $1,372,415.00 C.S. McCrossan Construction, Inc. $1,399,550.00 Background Information The Bituminous Overlay is an annual street maintenance project. The prices for this year's overlay project are approximately 8%higher compared to the 2007 overlay project. The 2008 Operating and Maintenance budget for milling and overlay is $250,000. The Council-approved five-year CIP allocated an additional $1,400,000 for pavement maintenance for 2008. Approximately $940,000 of these monies will be added to the overlay program. The additional CIP funds will be utilized for additional projects including seal coating. Attachment Bid Tabulation BID TABULATION 2008 Bituminous Overlay City of Eden Prairie, I.C.#08-5723 COMPANY: Bituminous C.S.MsCrosssn Hardrives Inc Midwest Wm.Mueller Northwest Valley Roadways Construction Inc. Asphalt &Sons Inc. Asphalt Paving EST. i UNIT UNIT LNIT UNIT UNIT UNIT UNIT NO DESCRIPTION QTY. UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 MnDOT Mix(MVWE45035B) 23,500 Tons $49.75 $1,169,125.00 $53.50 1,257,250.00 _ $55.00 $1,292,500.00 $46.45 $1,091,575.00 $47.13 1,107,555.00 $55.79 S1,311,065.00 S51.00 $1,198,500.00 2 Bituminous Edge Milling 45,000 Lin.Ft. $0.55 $24,750.00 $1.10 49,500.00 $0.10 $4,500.00 $0.26 $11,700.00 $0.50 22,500.00 $0.59 S26,550.00 $0.18 $8,100.00 3 Bituminous Full Depth Milling 116,000 Sq.Yds. $0.55 $63,800.00 $0.80 92,800.00 $0.02 $2,320.00 $0.08 $9,280.00 $0.50 58,000.00 $0.30 S34,800.00 $0.01 $1,160.00 TOTAL BASE BID $1,257,675.00 $1,399,550.00 $1,299,320.00 $1,112,555.00 $1,188,055.00 $1,372,415.00 $1,207,760.00 G:Engineering/IC#s/07-5699/"Oveday Bid Tab-2007" CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 6, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 08-5622 ITEM NO.: VIII.O. Mary Krause Award Contract to Allied Blacktop Public Works/Engineering Company for 2008 Sealcoating Requested Action Move to: Award Contract for 2008 Street Sealcoating to Allied Blacktop Company, in the amount of$337,615.04. Synopsis Bids were received on Thursday, May 1, 2008 for the 2008 Sealcoating project. Three bids were received and are tabulated as follows: Allied Blacktop Company $337,615.04 Pearson Brothers, Inc. $371,870.68 ASTECH $495,293.60 Background Information Street sealcoating is an annual street maintenance project. The 2008 Operating and Maintenance budget for sealcoating is $245,000. The balance of approximately $93,000 between the actual project costs and budget amount will be taken from the CIP for street sealcoating. Attachment Bid Tabulation BID TABULATION 2008 City Street Seal Coating City of Eden Prairie I.C. #08-5722 Allied Blacktop Co. Pearson Bros.Inc. ASTECH Corp. EST. UNIT UNIT UNIT NO DESCRIPTION QTY. UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 FA-3,CI.A (0.34 gal/sq.yd.CRS-2P 164,335 Sq.Yd. $1.20 197,202.00 $1.24 $203,775.40 $1.60 $262,936.00 Bit.Seal Coat 20 lbs/sq.yd./FA-3,C1.A) 2 Streets 117,556 Sq.Yd. $1.03 121,082.68 $1.15 $135,189.40 $1.60 $188,089.60 FA-2, Modified (0.24 gal/sq.yd/CRS-2 C1.A(1/8"Trap Rock) 20 lbs/sq.yd. FA-2 Mod) Bituminous Seal Coat 3 Trails 14,756 Sq.Yd. $1.31 19,330.36 $2.23 $32,905.88 $3.00 $44,268.00 FA-2,Modified C1.A(1/8"Trap Rock) (0.24 gal/sq.yd/CRS-2 Bituminous Seal Coat 16 lbs/sq.yd. FA-2 Mod) TOTAL BASE BID $337,615.04 $371,870.68 $495,293.60 G:tngineenng/IG#s/O7-5b94/Sealcoat Bid I ab 2007" CITY COUNCIL AGENDA DATE: May 6, 2008 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Development/Planning Kona Grill Janet Jeremiah Scott Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Amendment on 4.44 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Commercial Regional Service District on 4.44 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This project is for an 8,700 square foot Kona Grill restaurant as part of the Windsor Plaza mixed use project currently under construction. Background Information Windsor Plaza included two end cap restaurants. These restaurants were conceptual in design. Kona Grill will be constructing one of the end cap restaurants requiring a site plan review and PUD waivers. Because the outside patio area is now part of the building two waivers will be required through the PUD: 1. Front yard building setback from 35 feet to 24 feet along Flying Cloud Drive. A similar front yard setback waiver was granted to the Windsor Plaza five-story portion of the building. 2. Floor Area Ratio for the overall Windsor Plaza building from 0.69 to 0.70. City Code maximum is 0.40. The FAR is consistent with what was anticipated for this portion of the Town Center. The project is consistent with the MCA Study and Planning Principles for the Town Center. City Council Public Hearing—Kona Grill May 6, 2008 Page 2 The plans have been revised by Kona Grill to add natural stone columns between the patio windows to align with Windsor Plaza's cast stone piers and wall. The 120-Day Review Period expires on July 24, 2008. Planning Commission Recommendation The Planning Commission voted 8-0 to recommend approval of the project at its April 14, 2008 meeting. Attachments 1. Resolution for PUD Amendment 2. Staff Report 3. Location Map 4. Land Use Map 5. Zoning Map 6. Planning Commission Minutes KONA GRILL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2008- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT FOR KONA GRILL WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on April 14, 2008, for Kona Grill by Kona Grill and considered their request for approval of the PUD Concept Amendment plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on May 6, 2008. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Kona Grill, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept Amendment approval as outlined in the plans stamp dated April 25, 2008. 3. That the PUD Concept Amendment meets the recommendations of the Planning Commission on April 14, 2008. ADOPTED by the City Council of the City of Eden Prairie this 6th day of May, 2008. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept Amendment - Kona Grill Legal Description: Lot 1, Block 1, and Outlot A, WINDSOR PLAZA, Hennepin County, MN. STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp Senior Planner DATE: April 11, 2008 PROJECT: Kona Grill LOCATION: West of Flying Cloud Drive, north of Regional Center Road APPLICANT: Kona Grill OWNER: Solomon Real Estate Group 120 DAY REVIEW: Expires July 24, 2008 REQUEST: 1. Planned Unit Development Concept Amendment on 4.44 acres 2. Planned Unit Development District Review with waivers on 4.44 acres 3. Zoning District Amendment within the Commercial Regional Service District on 4.44 acres 4. Site Plan Review on 4.44 acres Staff Report—Kona Grill April 11, 2008 Page 2 BACKGROUND The proposed project is located on the south side of the Windsor Plaza building approved in 2007 and currently under construction. Windsor Plaza is a five-story mixed use office building with first floor retail and two end cap restaurants totaling 133,630 square feet. The project was designed consistent with the MCA Study and Planning Principles. The Comprehensive Guide Plan shows the property a Regional Commercial land use. The property is zoned Commercial Regional Service. SITE PLAN Kona Grill will occupy the south end cap restaurant site approved for a 7,000 square foot building and outdoor patio area. The proposed 8,700 square foot restaurant includes covering the patio area with a roof and providing large seasonal window openings. Because the patio area is now part of the building two waivers will be required through the PUD: 1. Front yard building setback from 35 feet to 24 feet along Flying Cloud Drive. A similar front yard setback waiver was granted to the Windsor Plaza five-story portion of the building. 2. Floor Area Ratio for the overall Windsor Plaza building from 0.69 to 0.70. City Code maximum is 0.40. The FAR is consistent with what was anticipated for this portion of the Town Center. Parking for the Windsor Plaza is based on an office/retail mixed use for the building, including the end cap restaurants, and provides a total of 655 parking spaces of which 100 are shown as proof-of-parking spaces. Parking will remain available throughout the day for all uses including the restaurants which will peak in the evening hours after the office uses close. The restaurant is designed to meet a pedestrian level scale and provides street level interest. The overall Town Center amenities included in the Windsor Plaza project will complement the restaurant experience as an interesting place to visit with fountains, decorative pavement plazas and courtyards, site lighting, and a significant planting plan, including planter boxes. Kona Grill will also be incorporating planter boxes and decorative fencing along the covered patio area. The developer of the Windsor Plaza project is constructing all other infrastructure, including utilities, grading, landscaping, storm water ponds and amenities outside of the Kona Grill lease line show on the plans. ARCHITECTURE The two end cap restaurants shown on the approved Windsor Plaza plans were conceptual designs to demonstrate scale relationships and compliance with the exterior building materials code since no specific restaurant clients had been identified. Once specific restaurants were Staff Report—Kona Grill April 11, 2008 Page 3 identified architecture would be developed to meet client design and be presented to the Planning Commission and City Council for formal review and approval. Proposed architecture for Kona Grill provides a consistent scale relationship, meets the exterior building material standards and is consistent with the Town Center design guidelines. STAFF RECOMMENDATION Recommend approval of the following request: 1. Planned Unit Development Concept Amendment on 4.44 acres 2. Planned Unit Development District Review with waivers on 4.44 acres 3. Zoning District Amendment within the Commercial Regional Service District on 4.44 acres 4. Site Plan Review on 4.44 acres This is based on plans stamp dated March 26, 2008 and the following conditions: 1. Prior to grading permit issuance, the proponent shall: A. Submit detailed storm water runoff,utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Notify the City and Watershed District 48 hours in advance of grading. C. Install erosion control at the grading limits. 2. Prior to building permit issuance for the property, the proponent shall: A. Review the plans with the Fire Marshal. B. Submit building materials and colors for review and approval. C. Pay the Cash Park Fee. 3. The following waivers has been granted through the PUD District Review for the property: A. Front yard building setback waiver to 24 feet. City Code requires 35 feet. B. Floor Area Ratio for the overall Windsor Plaza building to 0.70. Approved plan granted for 0.69. Area Location Map - Kona Grill Address: West of Flying Cloud Drive & North of Regional Center Road ___..- -\ if Eden Rd ii / Glen La 111 rSingletree La 41" A 1 iipr 4 I _yN Regional Center Rd 4> Flying Cloud Dr/HWY 212 9 Prairie Center Dr %I.IlsomNo le Land Use Guide Plan Map Kona Grill West of Flying Cloud Dr & North of Regional Center Rd Eden Rd - Glen La ,111 Singletree La] illial rliF —In oiN —7 al-mur Regional Center Rd_..r ,4,, Flying Cloud Dr/HWY 212 rir , , • ,_ Prairie Center Dr Afr E L- ir \ /r /itf IM 1 I I 41 Low Density Residential 0-2.5 Units/Acre Neighborhood Commercial O Municipal Boundar7ililli 177 Low Density/Public/Open Space Community Commercial DATE Approved 03-19-03 — Creeks DATE Revised 01-07-05 - Medium Density residential 2.5-10 Units/Acre- Regional Commercial DATE Revised 11-07-05 - Roads DATE Revised 02-23-06 DATE Revised 03-23-06 I7 Medium Density Residential/Office - Park/Open Space —Metropolitan Urban Service Line(MUSA) DATE Revised06-23-06 -0 - High Density Residential 10-40 Units/Acre Public/Quasi-Public =Principal Arterial DATEDATE RevRevisedsed 0312-061--0706 E D E N DATE Revised 06-01-07 Office Golf Course —A Minor Arterial DATE Revised 10-01-07 K//, Office/Industrial - Church/Cemetary —B Minor Arterial PRAIRIE DATE Revised03-01-08 22 Office/Public/Open Space Open Water — 'Major Collector - Industrial Right-Of-Way — 'Minor Collector Not to Scale nAirport Boundary Zoning Map Kona Grill West of Flying Cloud Dr & North of Regional Center Rd RD 1 Eden Rd EN mi Glen La Singletree La ill r N---- -1'11 „.________ ,,,, , . , ,. . , , . ,4‘iii, Si-T-E - Pr ... Flying Cloud Dr/HWY 212 LRegional Center Rd ir Filt II 1 I rip 1 1 oiii41,0 i i ii k A 1 i A ths Prairie Center Dr rWI A 1,11 .7, .1.4 _.. Rural -Highway Commercial Shoreland Management Classifications R1-44 One Family-44,000 sf.min. -Regional Service Commercial NE Natural Environment Waters R1-22 One Family-22,000 sf min. -Regional Commercial RDI Recreational Development Waters I GDI General Development Waters(Creeks Only) -i, .. f,, 0 R1-13.5 One Family-13,500 sf min. Industrial Park-2Acre Min, 7Z1 100- Year Floodplain R1-9.5 One Family-9,500 sf min. I. Industrial Park- 5 Acre Min. D Up dated through Ordinance#21-2007 -RM-6.5 Multi-Family-6.7 U.P.A.max. r=1 General Industrial-5Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition -RM-2.5 Multi-Family-17.4 U.P.A.max. Public Date:November 30,2007 PRAIRIE In case of discrepancy related[o a zoning classification on this zoning map,the Ordinance Office I Golf Course and attached legal descdptlon on file at Eden Paide City Center will prevail. Neighborhood Commercial I Water LIVE•WORK•DREAM nCommunity Commercial I Right-of-Way Not to Scale UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,APRIL 14, 2008 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Cadman, John Kirk, Katie Lechelt, Jerry Pitzrick, Peter Rocheford, Kevin Schultz, Fred Seymour, Ray Stoelting, Jon Stoltz, STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Scott Kipp, Senior Planner Regina Herron, Planner II Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL VII. PUBLIC HEARINGS C. KONA GRILL Request for: Planned Unit Development Concept Amendment on 4.44 acres; Planned Unit Development District Review with waivers on 4.44 acres; Zoning District Amendment within the Commercial Regional Service District on 4.44 acres; Site Plan Review on 4.44 acres. Adam Meyer, architect representing Kona Grill,presented the proposal. He utilized the overhead projector to show the location of the restaurant. He pointed out Kona Grill is a chain of restaurants based out of Arizona. This will be the first one of its kind in Minnesota and will include a dining and bar area. He pointed out they will not be altering anything from the footprint of the design. The only change would be the enclosure of the patio. This would increase the square footage of the restaurant. The front yard setback would change from 35 feet to 24 feet. He stated Windsor Plaza would be building the retaining wall. He pointed out the entrance to the restaurant is adjacent to the patio; which would be convenient to the customers. Kirk asked Kipp to review the staff report. Kipp said the Staff recommendation is for approval, based on recommendations in the staff report. Kipp also pointed out the waivers listed on page 2 of the staff report. Kirk stated there is no change to the original footprint of the project, only that this variance request it just to accommodate the patio. Kipp concurred that was correct. Kirk opened the meeting up for public input. There was no input. Stoelting asked Mr. Meyer where the sidewalk would be located. Mr. Meyer utilized the overhead projector to show where the sidewalk would be located. Stoelting asked how high the retaining wall would be. Mr. Meyer said it would be approximately 12 to 14 feet high. MOTION by Pitzrick, seconded by Rocheford, to close the public hearing. Motion carried 8-0. MOTION by Pitzrick, seconded by Schultz, to recommend approval of the Planned Unit Development Concept Review on 4.44 acres; Planned Unit Development District Review with waivers on 4.44 acres; Zoning District Amendment within the Commercial Regional Service District on 4.44 acres; and Site Plan Review on 4.44 acres; based on plans stamped dated March 26, 2008, and the staff report dated April 21, 2008. Motion carried 8-0. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing May 6, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 08-02 ITEM NO.: IX. B. Denise Christensen Vacation of All of the Drainage and Utility Easements over Lot 1, Block 1, Public Works/Engineering and Outlot C, Columbine Road Addition Requested Action Move to: • Close the public hearing; and • Adopt the resolution vacating all of the Drainage and Utility Easement lying over, under and across Lot 1, Block 1, and Outlot C, Columbine Road Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Synopsis The Property Owners have requested the vacation of all the Drainage and Utility easements to facilitate replatting of the lots to Castle Ridge 2nd Addition. Background Information The Drainage and Utility Easements were originally dedicated with the Columbine Road Addition plat. New drainage and utility easements have been dedicated with the Castle Ridge 2nd Addition project. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- VACATION OF ALL THE DRAINAGE AND UTILTY EASEMENTS OVER LOT 1, BLOCK 1,AND OUTLOT C, COLUMBINE ROAD ADDITION VACATION 08-02 WHEREAS, the City of Eden Prairie has (a) certain Drainage and Utility Easements described as follows: All of the Drainage and Utility Easements lying over, under and across Lot 1, Block 1, and Outlot C, Columbine Road Addition, according to the recorded plat thereof, Hennepin County, Minnesota. WHEREAS, a Public Hearing was held on May 6, 2008, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described Drainage and Utility Easements has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Drainage and Utility Easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Drainage and Utility Easement described as: All of the Drainage and Utility Easements lying over, under and across Lot 1, Block 1, and Outlot C, Columbine Road Addition, according to the recorded plat thereof, Hennepin County, Minnesota. are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. 3. This Resolution is contingent upon and shall not be effective until the Plat of Castle Ridge 2nd Addition has been recorded with the County Recorder/Registrar of Titles as applicable. The City Clerk shall not present the Notice of Completion of Proceedings to the County Auditor or file it with the County Recorder/Registrar of Titles until the Plat of Castle Ridge 2nd Addition is recorded. ADOPTED by the Eden Prairie City Council on May 6, 2008. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk GC � PLAZA pR liiii [ 5I TECHNOLOGY DR. Oc%/l/ Q cc Q� 4/ 6 �£TREE c v NG A.\ 2o,,=,, SITE REG �- , IONAL CENTERW C' RD./I EDEN ��S� R� 23. 24. C E ��Qom, 5 n �gMBR/p �`ST L E M O�� F DR. O A\P PRAIRIE o Lq \�G MEDCOM 81,97 NON C 2., ,,,A , PRIMROSE OG F\� BLVD. i = o7P "y \.9 JIFF / ✓O), Co? t /114,y MAR/c PORCUPINE , � t-• \ Clc) f, c f,x)A.c.-)—6 Dr.- _,6 tVAC 08-02 NORTH LOCATION MAP m 2008 Westwood Professional 6eMcea,Inc. Call 46 H before digging: GOPHER STATE ONE CALL Twin Clty Area :,,i3 -0002 Mn.ioll Free 1-600-252-II66 \\ \\ / / I / I \ / I \\ \ / // 1 VACATION DESCRIPTION Ma,WE ROAo / / nooinorv,'H.,an�)��cow:eye i�weeaoiow)oa dwdiooi w soie poe / F / / r / J / / h 6°5p3 / B�N1q°592 ___ Oa0 a a o am4 3y�"'J \i I `�IrF \0e>enaa�* _ \- --- 't0 IJ' 50 0. 0 �I ° ^1 \\ NN L kPA W 1 W� L i €_ M N£ Nam c °aaw.<F 1: SB F C� �a, 3s39W F; , o <C �� •�0 j 00G0 (.7) "0"Oops O q'_ � �� ,N yCa�"E O e•' ri IA .;,1,'Pe 3 7 '',y - p8•30 �' to Joe{� 5""/ 7`� N%3 av a << i \ 420.00 z?Os 5 0 \ NO3°40.19"E = erseuervr nur. \ 476.93 ce a u LIJ - - up N00°2458"E 374.20 ---- a ,4 R 0 A C g 4.1to fra 'c7 —`1�6Z). gory X O, -0' 12-80' NOT FOR CONSTRUCTION Date 3/12/08 tam 1 ce 1 _ P P a 10 Castle Ridge °�"°'"°'°"° "� z I I las I Presb terian Homes & Services 2nd Addition Easement Om= y Vacation Sketch IIVl5411YWd rw 4.mm °�°n"�t'rw` Roseville,MinnesoU 55113 Ed!Prairie,Mivlmota VACATION 08-02 NOTICE OF VACATION OF ALL OF THE DRAINAGE AND UTILITY EASEMENTS OVER,UNDER AND ACROSS LOT 1,BLOCK 1,AND OUTLOT C, COLUMBINE ROAD ADDITION Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on May 6, 2008 at 7:00 p.m. to hear all persons present upon the proposed vacation of all the Drainage and Utility Easements described as follows: All of the Drainage and Utility Easement lying over,under and across Lot 1, Block 1, and Outlot C, Columbine Road Addition, according to the recorded plat thereof, Hennepin County, Minnesota. By Order of the City Council Published in the Eden Prairie News on April 17, 2008 NOTIFICATION LIST VACATION REQUEST 08-02 A copy of the Public Hearing Notice is to be sent to owners of the following parcels: 14-116-22-31-0020 14-116-22-32-0066, 0195, 0279, 0286, 0293 14-116-22-32-0078 14-116-22-32-0083, 0093, 0272, 0290, 0292, 0299, 0306, 0307, 0310 - 0313 14-116-22-32-0125 14-116-22-32-0207 14-116-22-32-0249, 0295 14-116-22-32-0273 14-116-22-32-0280 14-116-22-32-0285 14-116-22-32-0289 14-116-22-32-0314, 0317 A copy of the Public Hearing Notice is to be sent to the following Utilities: CenterPoint Energy Comcast Qwest Communications Xcel Energy CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims May 6, 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 173608 — 174302 Wire Transfers 3009 —3018 City of Eden Prairie Council Check Summary 5/6/2008 Division Amount Division Amount General 32,900 802 494 Commuter Services 22,111 100 City Manager 5,208 803 Escrow Fund 5,092 101 Legislative 756 806 SAC Agency Fund 43,800 102 Legal Counsel 41,221 807 Benefits Fund 488,943 110 City Clerk 720 811 Property Insurance 6,486 111 Customer Service 15,201 812 Fleet Internal Service 76,021 113 Communication Services 7,422 813 IT Internal Service 167,227 114 Benefits&Training 8,247 116 Facilities 76,482 Report Totals 3,105,938 117 City Center 126,533 119 Cmty Center-Facilities 102,818 130 Assessing 518 131 Finance 124 132 Housing and Community Services 24,286 133 Planning 90 136 Public Safety Communications 6,595 137 Economic Development 13,531 138 Community Development Admin. 62 150 Park Administration 1,099 151 Park Maintenance 23,732 153 Organized Athletics 4,632 154 Community Center 15,328 156 Youth Programs 735 158 Adult Recreation 3,485 159 Recreation Administration 11,047 160 Therapeutic Recreation 748 161 Oak Point Pool 15,947 162 Arts 3,291 163 Outdoor Center 4,408 164 Park Rental Facilities 74 180 Police 33,249 183 Emergency Preparedness 63 184 Fire 18,876 186 Inspections 1,078 200 Engineering 442 201 Street Maintenance 19,113 202 Street Lighting 2,814 301 CDBG 18,442 303 Cemetary Operation 9 308 E-911 3,808 309 DWI Forfeiture 18 312 Recycle Rebate 75 314 Liquor Compliance 1,500 315 Economic Development 299,308 502 Park Development 13,857 503 Utility Improvement 104,725 509 CIP Fund 232,696 515 Fire Station#4 1,800 519 Community Center Expansion 8,252 520 Parks Referendum 3,956 521 Trails Referendum 1,199 522 Improvement Projects 2006 19,833 524 Sprint/Nextel 357 601 Prairie Village Liquor 152,640 602 Den Road Liquor 242,836 603 Prairie View Liquor 139,870 605 Den Road Building 5,602 701 Water Fund 117,618 702 Sewer Fund 267,201 703 Storm Drainage Fund 37,779 City of Eden Prairie Council Check Register 5/6/2008 Check# Amount Vendor/Explanation Account Description Business Unit 3009 1,136 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 3010 12,776 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 3011 17,186 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 3012 110,184 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 3013 673 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 3014 82,118 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 3015 29,181 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 3016 153,503 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 3017 1,614 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 3018 3,297 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits 173608 584 BACHMAN PRINTING General 494 Corridor Commission 173609 62 COMCAST General 494 Corridor Commission 173610 249 COORDINATED BUSINESS SYSTEMS L General 494 Corridor Commission 173611 8 CULLIGAN BOTTLED WATER General 494 Corridor Commission 173612 603 EXPRESS PERSONNEL SERVICES General 494 Corridor Commission 173613 857 FEDEX KINKO'S OFFICE AND PRINT General 494 Corridor Commission 173614 557 INDEPENDENT SCHOOL DISTRICT NO General 494 Corridor Commission 173615 20 INTERNET EXPOSURE INC General 494 Corridor Commission 173616 105 LITTLE TRANSPORT PRESS General 494 Corridor Commission 173617 197 MADISON,MELISSA General 494 Corridor Commission 173618 124 MEREDITH KATE General 494 Corridor Commission 173619 1,500 MESSERLI&KRAMER General 494 Corridor Commission 173620 13,429 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission 173621 7 MINNEAPOLIS REGIONAL CHAMBER 0 General 494 Corridor Commission 173622 66 NELSON,ROBIN General 494 Corridor Commission 173623 250 SOLUTION BUILDERS General 494 Corridor Commission 173624 25 SOUTHWEST TRANSIT General 494 Corridor Commission 173625 2,972 TEMPFORCE General 494 Corridor Commission 173626 93 VERIZON WIRELESS General 494 Corridor Commission 173627 404 WELLS FARGO BANK General 494 Corridor Commission 173643 370 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 173644 340 A TO Z RENTAL CENTER Supplies-General Bldg Community Center Maintenance 173645 4,659 A-SCAPE INC Contract Svcs-Snow Removal Dunn Brothers 173646 828 A-Z RESTAURANT EQUIPMENT COMPA Capital Under$10,000 Garden Room Repairs 173647 706 AA EQUIPMENT COMPANY Operating Supplies Prairie View Liquor Store 173648 200 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 173649 88 ABM EQUIPMENT AND SUPPLY COMPA Equipment Parts Fleet Operating 173650 54 AMERICAN PAYROLL ASSOCIATION Dues&Subscriptions Finance 173651 2,517 AMERICAN TIME&SIGNAL CO Capital Under$10,000 Capital Impr./Maint.Fund 173652 158 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 173653 46 AMSAN LLC Supplies-Plumbing City Hall-CAM 173654 1,474 ANCHOR PRINTING COMPANY Printing Police 173655 4,136 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 173656 2,535 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 173657 6,532 BELLBOY CORPORATION Wine Imported Den Road Liquor Store 173658 125 BOYER TRUCKS Equipment Parts Fleet Operating 173659 13,606 BRAUER& ASSOCIATES LTD Design&Engineering Park Acquisition&Development 173660 2,147 BROWNELLS INC. Training Supplies Police 173661 21 CARDIAC SCIENCE CORPORATION Operating Supplies Police 173662 13,940 CENTERPOINT ENERGY Gas Fire Station#1 173663 7,395 CENTURYTEL Telephone IT Telephone 173664 65 COLOR PRINTING Printing Police 173665 680 COMMERCIAL PARTNERS TITLE LLC Deposits Escrow 173666 4,502 COMMUNITY ACTION PARTNERSHIP Refunds CDBG-Public Service 173667 2,844 CORPORATE EXPRESS Capital Under$10,000 Furniture 173668 567 COSTCO Operating Supplies Youth Programs Administration 173669 154 CRIPE,JACQUELYN V Other Contracted Services Volleyball 173670 161 CSI FORENSIC SUPPLY Operating Supplies Police 173671 37 CUB FOODS EDEN PRAIRIE Miscellaneous Police 173672 61 CULLIGAN BOTTLED WATER Operating Supplies Fire 173673 3,321 CUSTOM HEADSETS INC Other Assets CIP-Bonds Check# Amount Vendor/Explanation Account Description Business Unit 173674 6,058 DAY DISTRIBUTING Beer Den Road Liquor Store 173675 1,707 DECORATIVE DESIGNS INC Grounds Maintenance Utility Operations-General 173676 1,007 DIGITAL ENTERTAINMENT INC Other Assets Capital Impr./Maint.Fund 173677 25,373 DIVERSE BUILDING MAINTENANCE Cleaning Supplies City Hall-CAM 173678 2,810 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 173679 25 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Economic Development 173680 10,840 EPA AUDIO VISUAL INC Capital Under$10,000 Capital Impr./Maint.Fund 173681 1,078 FANFARE PROMOTIONS INC Clothing&Uniforms Inspections-Administration 173682 83 FASTENAL COMPANY Equipment Parts Fleet Operating 173683 106 FEDERAL SIGNAL CORPORATION Equipment Repair&Maint Fleet Operating 173684 54 FERRELLGAS Motor Fuels Fleet Operating 173685 623 FORCE AMERICA Equipment Parts Fleet Operating 173686 383 FSH COMMUNICATIONS LLC Telephone Miller Park 173687 62 GARDEN ROOM FRATELLI'S GARDEN Training Supplies Organizational Services 173688 1,446 GE CAPITAL Other Rentals General 173689 185 GOOD,JAMIE Tuition Reimbursement/School Police 173690 24 GOT SWAT GEAR.COM INC Clothing&Uniforms Police 173691 393 GRAINGER Supplies-General Building City Center Operations 173692 2,623 GRAYMONT Treatment Chemicals Water Treatment Plant 173693 21,336 GRIGGS COOPER&CO Wine Domestic Den Road Liquor Store 173694 1,796 GROUP HEALTH INC-WORKSITE Employee Assistance Organizational Services 173695 118 GS DIRECT Operating Supplies Engineering 173696 270 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Park Maintenance 173697 100 HENNEPIN COUNTY FIRE CHIEF ASS Dues&Subscriptions Fire 173698 10 HENNEPIN COUNTY GIS USER GROUP Dues&Subscriptions Engineering 173699 2,403 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 173700 138 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 173701 6,293 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing and Community Service 173702 9,452 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 173703 876 HOHENSTEINS INC Beer Prairie Village Liquor Store 173704 747 HOLLYWOOD ENTERTAINMENT City Building Rental Den Bldg.-CAM 173705 154 HOLMES,TOM Other Contracted Services Volleyball 173706 10,318 HOUSE OF PRINT Printing Community Brochure 173707 115 HUDSON MAP COMPANY Office Supplies Utility Operations-General 173708 5,982 HYDROLOGIC Capital Under$10,000 Park Maintenance 173709 1,442 ICERINK SUPPLY CO Contract Svcs-Ice Rink Ice Arena Maintenance 173710 208 ICI DULUX PAINT CTRS Operating Supplies Park Maintenance 173712 894 IND SCHOOL DIST 272 Recreation Supplies Basketball 173713 9,652 INTEREUM INC Capital Under$10,000 Capital Impr./Maint.Fund 173714 186 J H LARSON COMPANY Operating Supplies Utility Operations-General 173715 62 JEREMIAH,JANET Conference Expense Community Development Admin. 173716 16,917 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store 173718 26,460 JOHNSON BROTHERS LIQUOR CO Wine Imported Den Road Liquor Store 173719 64 KEATING,MARY Mileage&Parking Housing and Community Service 173720 147 KEEPERS Clothing&Uniforms Police 173721 208 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance 173722 65 LAB SAFETY SUPPLY INC Safety Supplies Utility Operations-General 173723 525 LACROSSE POLICE DEPT Tuition Reimbursement/School Police 173724 544 LANZI,BOB Mileage&Parking Ice Arena 173725 2 LAURO,SUSANNA Program Fee Red Hat 173726 6,486 LEAGUE MN CITIES INS TRUST Pager&Cell Phone Property Insurance 173727 20 LEAGUE OF MINNESOTA CITIES Office Supplies General 173728 248 M.AMUNDSON LLP Operating Supplies Prairie Village Liquor Store 173729 4,112 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 173730 9,274 MARK VII Beer Prairie Village Liquor Store 173731 444 MARSHALL&SWIFT Dues&Subscriptions Assessing 173732 24 MENARDS Operating Supplies Park Maintenance 173733 156 METRO FIRE Protective Clothing Fire 173734 425 METRO LEAK DETECTION OCS-Leak Detection Water System Maintenance 173735 3,107 METRO SALES INCORPORATED* Operating Supplies Community Center Admin 173736 332 METROPOLITAN FORD Equipment Parts Fleet Operating 173737 1,024 MIDWEST AERIAL CONTRACTING Contract Svcs-Electrical City Hall-CAM 173738 3,068 MIDWEST ASPHALT CORPORATION Improvements to Land Parks Referendum 173739 584 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 173740 37 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police Check# Amount Vendor/Explanation Account Description Business Unit 173741 175 MINNESOTA ATHLETIC APPAREL Fire Prevention Supplies Fire 173742 1,801 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 173743 72 MITTELSTADT,SCOTT Tuition Reimbursement/School Police 173744 193 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 173745 948 MOBILE RADIO ENGINEERING INC Other Assets CIP-Bonds 173746 11,720 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 173747 123 MORROW,JAMES Tuition Reimbursement/School Police 173748 35 MPPOA Dues&Subscriptions Police 173749 679 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 173750 450 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 173751 223 NORTHLAND BUSINESS SYSTEMS Miscellaneous IT Operating 173753 402 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 173754 40 OFFICE OF THE SECRETARY OF STA Dues&Subscriptions Police 173755 244 OLSEN COMPANIES Repair&Maint.Supplies Utility Operations-General 173756 106 PAPER DIRECT INC Operating Supplies Wine Club 173757 365 PARK NICOLLET CLINIC Employment Support Test Organizational Services 173758 4,002 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 173759 1,096 PEPSI COLA COMPANY Merchandise for Resale Concessions 173760 7,390 PERFORMANCE KENNELS INC Canine Supplies Police 173761 8,954 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 173762 200 PIONEER PHOTOGRAPHY Other Contracted Services Classes/Programs/Events 173763 90 POST BOARD Dues&Subscriptions Police 173764 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 173765 235 PRAIRIE LAWN AND GARDEN Repair&Maint.Supplies Park Maintenance 173766 402 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 173767 111 PROTECTION ONE Other Contracted Services Cummins Grill 173768 2,011 PUSH PEDAL PULL Capital Under$10,000 Capital Impr./Maint.Fund 173769 105 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 173770 14,842 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 173771 5,599 QWEST Telephone E-911 Program 173772 617 R&R SPECIALTIES OF WISCONSIN Contract Svcs-Ice Rink Ice Arena Maintenance 173773 525 REBS MARKETING Other Contracted Services Water Accounting 173774 15 RICHFIELD,CITY OF Operating Supplies Fleet Operating 173775 19 RICHFIELD,CITY OF Operating Supplies Fleet Operating 173776 35 RIDGEVIEW CLINICS Employment Support Test Organizational Services 173777 2 SALON 2000 DAY SPA Copies General Fund 173778 198 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie Village Liquor Store 173779 18,927 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 2006 173780 116 SIGNSOURCE Other Contracted Services Den Road Liquor Store 173781 133 SNAP-ON TOOLS Small Tools Fleet Operating 173782 4,343 SOUTHDALE YMCA-CHILD CARE Refunds CDBG-Public Service 173783 740 SPRI PRODUCTS INC Operating Supplies Fitness Classes 173784 175 SPRUNG TRAINING SYSTEM Tuition Reimbursement/School General Facilities 173785 21,759 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Treatment Plant 173786 28 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 173787 1,084 STREICHERS Clothing&Uniforms Police 173788 864 SURLY BREWING CO Misc Taxable Prairie View Liquor Store 173789 645 TASER INTERNATIONAL Tuition Reimbursement/School Police 173790 7,814 THORPE DISTRIBUTING Beer Prairie View Liquor Store 173791 153 TNEMEC COMPANY INC Equipment Repair&Maint Water Treatment Plant 173792 105 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie Village Liquor Store 173793 140 UNDHEIM,NAOMI Mileage&Parking Community Center Admin 173794 431 UNIFORMS UNLIMITED Clothing&Uniforms Police 173795 1,608 UNITED PROPERTIES INVESTMENT L Deposits Escrow 173796 83 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 173797 333 US POSTMASTER-HOPKINS Postage Senior Center Administration 173798 2,313 USA MOBILITY WIRELESS INC Pager&Cell Phone Wireless Communication 173799 40 USPCA Dues&Subscriptions Police 173800 2,738 VINOCOPIA Wine Domestic Prairie View Liquor Store 173801 1,642 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 173802 2,200 WENCK ASSOCIATES INC Other Contracted Services City Manager 173803 80 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Operating 173804 2,472 WINE COMPANY,THE Wine Imported Prairie Village Liquor Store 173805 3,073 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 173806 1,724 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 173807 70,026 XCEL ENERGY Electric Outdoor Center 173808 1,965 YALE MECHANICAL INC Contract Svcs-HVAC Fire Station#4 173809 454 ZARNOTH BRUSH WORKS INC. Operating Supplies Park Maintenance 173810 25 FOND DU LAC TRIBAL&COMMUNITY Tuition Reimbursement/School Police 173811 79 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 173812 68 LINDAHL,DAVID Mileage&Parking Economic Development 173813 2,789 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Sewer Accounting 173814 22 QUICKSILVER EXPRESS COURIER Other Contracted Services Communication Services 173815 1,506 US POSTMASTER-HOPKINS Postage Water Accounting 173816 837 Z WINES USA LLC Wine Imported Prairie View Liquor Store 173817 479 ACCURINT-ACCOUNT#1348824 Other Contracted Services Police 173820 124 CORPORATE EXPRESS Equipment Repair&Maint IT Operating 173822 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance IT Operating 173823 540 GOVDELIVERY Software Maintenance IT Operating 173824 40,372 HALDEMANN HOMME INC Capital Under$10,000 Capital Impr./Maint.Fund 173825 903 KEEPERS Clothing&Uniforms Police 173826 125 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 173829 59 MINNEAPOLIS DEPARTMENT OF HEAL Other Contracted Services Police 173830 240 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 173831 47,339 PARADIGM SYSTEM SOLUTIONS,INC Computers IT Capital 173832 228 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Center Operations 173833 173 STREICHERS Operating Supplies Police 173834 2,505 YALE MECHANICAL INC Contract Svcs-HVAC Public Works/Parks 173835 212 ASSET RECOVERY CORPORATION Other Hardware IT Operating 173836 466 CDW GOVERNMENT INC. Small Tools Utility Operations-General 173837 8,859 DELL Computers CIP-Bonds 173838 70,994 LOGIS Network Support IT Operating 173841 510 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 173842 6,178 ALTERNATIVE BUSINESS FURNITURE Building Capital Impr./Maint.Fund 173843 6,816 AMERICAN TIME&SIGNAL CO Capital Under$10,000 Capital Impr./Maint.Fund 173844 142 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 173845 9,456 AMSAN LLC Capital Under$10,000 Capital Impr./Maint.Fund 173846 204 ANCHOR PRINTING COMPANY Printing Police 173847 98 APLIN,JANICE Refunds Environmental Education 173848 247 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 173849 90 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 173850 48 AULIZID,NANCY Lessons&Classes Fitness Classes 173851 252 AZTEC BP Equipment Repair&Maint Police 173852 100 BANDUR,CINDY Refunds Environmental Education 173853 591 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 173854 100 BEARD,MICHELLE Refunds Environmental Education 173855 30 BEARING INDUSTRIAL&SUPPLIES Repair&Maint.Supplies Water Treatment Plant 173856 3,862 BELLBOY CORPORATION Liquor Prairie View Liquor Store 173857 681 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 173858 250 BEST&FLANAGAN LLP Other Contracted Services Rehab 173859 544 BLOOMINGTON SECURITY SOLUTIONS Building Capital Impr./Maint.Fund 173860 2 BONEWELL,ELLEN Memberships Community Center Admin 173861 36 BORCHERT,SUE Program Fee Leisure Education 173862 202 BOYER TRUCKS Equipment Parts Fleet Operating 173863 501 BROWNING,RYAN Computers CIP-Bonds 173864 115 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 173865 100 CANNON,MICHELLE Refunds Environmental Education 173866 64,517 CENTERPOINT ENERGY SERVICES IN Gas City Hall-CAM 173867 212 CHOICE INC Other Contracted Services Prairie Village Liquor Store 173868 9 CLAUS,CARRIE Memberships Community Center Admin 173869 200 CLAY,BARB Refunds Environmental Education 173870 65 COFER,MARVIN Refunds Environmental Education 173871 18,543 CONCRETE CUTTING&CORING INC Operating Supplies Street Maintenance 173872 731 CONTROL SERVICES OF MINNESOTA, Contract Svcs-HVAC City Hall-CAM 173873 98 COOLMAN,JEFFREY Refunds Environmental Education 173874 637 CORPORATE EXPRESS Office Supplies General 173875 213 COURTNEY TRUCK SERVICE Contract Svcs-Ice Rink Ice Arena Maintenance 173876 250 CREATURE ENCOUNTERS INC Instructor Service Outdoor Center 173877 573 CURTIS 1000 INC Office Supplies General 173878 457 CYCLONAIRE Equipment Parts Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit 173879 6,631 DAY DISTRIBUTING Beer Den Road Liquor Store 173880 37 DESIGN DESIGN Misc Taxable Den Road Liquor Store 173881 1,056 DOHERTY,SANDRA L Other Contracted Services Volleyball 173882 429 DYNA SYSTEMS Repair&Maint.Supplies Utility Operations-General 173883 2,735 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 173884 131 ECK,JILL Training Supplies Organizational Services 173885 2,400 EDEN PRAIRIE HOCKEY ASSOCIATIO Miscellaneous Community Center Admin 173886 1,758 EHLERS&ASSOCIATES INC Other Contracted Services Economic Development Fund 173887 100 EIDEM,CHAD Refunds Environmental Education 173888 26,773 ELECTRIC PUMP Design&Engineering Utility Improvement Fund 173889 100 ENGEL,CYNTHIA A. Refunds Environmental Education 173890 2,069 EPA AUDIO VISUAL INC Capital Under$10,000 Capital Impr./Maint.Fund 173891 6,653 EXPLORER POST 925 Miscellaneous Reserves 173892 76 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 173893 111 FALCK,TIMOTHY R Other Contracted Services Volleyball 173894 34 FASTENAL COMPANY Equipment Parts Fleet Operating 173895 100 FAWVER,JUDITH Refunds Environmental Education 173896 119 FEDEX Postage Finance 173897 100 FOLEY,LORI Refunds Environmental Education 173898 290 FRANZEN,MICHAEL D Conference Expense Planning 173899 100 FRITSVOLD,MARY JO Refunds Environmental Education 173900 757 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations-General 173901 100 CALLER,BERNARD G Refunds Environmental Education 173902 101 GARDEN ROOM FRATELLI'S GARDEN Training Supplies Organizational Services 173903 330 GENERAL STORE OF MINNETONKA Special Event Fees Red Hat 173906 1,634 GENUINE PARTS COMPANY Equipment Parts Fleet Operating 173907 100 GNAZZO,SHELLY Refunds Environmental Education 173908 100 GOERGEN,MICHAEL Refunds Environmental Education 173909 2,158 GRAINGER Cleaning Supplies Utility Operations-General 173910 2,016 GRAPE BEGINNINGS Wine Imported Prairie View Liquor Store 173911 1,826 GRAYBAR Supplies-Electrical City Hall-CAM 173912 2,627 GRAYMONT Treatment Chemicals Water Treatment Plant 173913 1,577 GRAZZINI BROTHERS&COMPANY Contract Svcs-General Bldg Pool Maintenance 173914 16,856 GRIGGS COOPER&CO Transportation Prairie View Liquor Store 173915 100 GROVEN,SHARON Refunds Environmental Education 173916 50 HARTMANN,MARK Refunds Environmental Education 173917 270 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Park Maintenance 173918 800 HEALTHY HORIZONS Safety Supplies Fire 173919 505 HIGHWAY TECHNOLOGIES INC Seal Coating Street Maintenance 173920 1,258 HOMELINE Refunds CDBG-Public Service 173921 180 HOUSTON,CHRISTOPHER W Instructor Service Ice Arena 173922 100 HUNTER,DONNA Refunds Environmental Education 173923 5,969 ICERINK SUPPLY CO Contract Svcs-Ice Rink Ice Arena Maintenance 173924 149 IHRSA Dues&Subscriptions Parks Administration 173925 17,082 IND SCHOOL DIST 272 Other Rentals Outdoor Center 173926 585 INFRATECH Other Contracted Services Sewer System Maintenance 173927 592 ITS A KEEPER Operating Supplies Internal Events 173928 840 J H LARSON COMPANY Contract Svcs-Electrical City Hall-CAM 173929 100 JACKSON,THOMAS Refunds Environmental Education 173930 7,235 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store 173931 685 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 173933 28,440 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 173934 100 JOHNSON,WILLIAM R Refunds Environmental Education 173935 253 KEEPERS Clothing&Uniforms Fire 173936 100 KLOCEK,JEROME Refunds Environmental Education 173937 100 KOBETT,JOHN Refunds Environmental Education 173938 61 KOCOUREK,JOAN Clothing&Uniforms Police 173939 100 KOKESH,MARK Refunds Environmental Education 173940 95 KRAEMER MINING&MATERIALS INC Gravel Street Maintenance 173941 13 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance 173942 40 LAMBERTY,DAVID Deposits Community Center Admin 173943 2,172 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Operating 173944 394 LANO EQUIPMENT INC Equipment Parts Fleet Operating 173945 450 LAVAN FLOOR COVERING Contract Svcs-General Bldg Police City Center 173946 100 LUKANEN,JOLENE Refunds Environmental Education Check# Amount Vendor/Explanation Account Description Business Unit 173947 53 MARGO,JERRY Memberships Community Center Admin 173948 5,855 MARK VII Beer Den Road Liquor Store 173949 100 MARTIN,CECIL Refunds Environmental Education 173950 170 MENARDS Small Tools Water Treatment Plant 173951 397 MERLINS ACE HARDWARE Supplies-General Bldg Community Center Maintenance 173952 144 METROPOLITAN FORD Equipment Parts Fleet Operating 173953 1,750 METROPOLITAN MEDIA GROUP INC Advertising Youth Programs Administration 173954 752 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 173955 119 MINNESOTA ATHLETIC APPAREL Operating Supplies Fire 173956 20 MINNESOTA DEPT OF LABOR AND IN Licenses&Taxes Water Treatment Plant 173957 658 MINNESOTA MUNICIPAL BEVERAGE A Conference Expense Den Road Liquor Store 173958 25 MINNESOTA RECREATION&PARK FO Dues&Subscriptions Organizational Services 173959 11 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 173960 472 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 173961 300 MOSS&BARNETT Legal Legal Council 173962 1,238 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 173963 25 MUNICIPALS Dues&Subscriptions Organizational Services 173964 200 MURPHY,TINA Refunds Environmental Education 173965 100 MUSSER,KITTY Refunds Environmental Education 173966 150 MYERS,JEAN Training Supplies Fitness Classes 173967 10 NEBRASKA RURAL WATER ASSOCIATI Employment Advertising Water Treatment Plant 173968 285 NELSON,ALLEN M. Conference Expense Fire 173969 150 NELSON,KATHY Miscellaneous City Council 173970 411 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 173971 5,913 NEXT DAY GOURMET Operating Supplies Concessions 173972 50 NORDSKOG,BRIAN Refunds Environmental Education 173973 76 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 173974 1,290 NORTHWEST BUSINESS SYSTEMS Other Contracted Services Den Road Liquor Store 173975 490 NRPA Dues&Subscriptions Parks Administration 173976 150 NTOA Dues&Subscriptions Police 173977 678 OLD LOG THEATER Special Event Fees Trips 173978 5 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Street Maintenance 173979 100 OLSON,PATRICIA Lessons&Classes Girls on the Run 173980 2,765 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 173981 100 PAVELKA,DAVID Refunds Environmental Education 173983 317 PETTY CASH-POLICE DEPT Operating Supplies Police 173984 8,819 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store 173985 306 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Community Center Maintenance 173986 401 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 173987 199 PRAIRIE OFFSET PRINTING Signs Street Maintenance 173988 100 PREVOST,ROYAL Refunds Environmental Education 173989 813 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 173990 8,000 PROP Other Contracted Services Housing and Community Service 173991 2,963 PROP Refunds CDBG-Public Service 173992 4,196 PROSOURCE SUPPLY Capital Under$10,000 Capital Impr./Maint.Fund 173993 100 PUNKS,TYLER Refunds Environmental Education 173994 124 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 173995 16,057 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 173996 55 QWEST Telephone Outdoor Center 173997 42 RAV TECHNOLOGIES INC Supplies-General Bldg General Facilities 173998 274 REED BUSINESS INFORMATION Legal Notices Publishing Street Maintenance 173999 100 REED,SCOTT&SALLY Refunds Environmental Education 174000 1,200 ROTH,ANDREW J. Instructor Service Outdoor Center 174001 285 SCHAITBERGER,CHUCK Conference Expense Fire 174002 100 SCHEIBLE,JAMES Refunds Environmental Education 174003 132 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie Village Liquor Store 174004 26 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 174005 63 SHRED-IT Waste Disposal City Center Operations 174006 200 SIBLEY COUNTY SHERIFF'S DEPART Deposits Escrow 174007 2,710 SNAP-ON TOOLS Small Tools Fleet Operating 174008 150 SPIRIT APPAREL&STUFF Clothing&Uniforms Fitness Center 174009 350 SPS COMPANIES Small Tools Water Treatment Plant 174010 100 ST ONGE,JILL Refunds Environmental Education 174011 1,643 STAR TRIBUNE Employment Advertising Organizational Services 174012 407 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit 174013 100 STEWART,JENNIE Refunds Environmental Education 174014 40 STITELER,SHARON Instructor Service Outdoor Center 174015 45 STOKES,MELISSA Memberships Community Center Admin 174016 100 STREED,TIM Refunds Environmental Education 174017 1,239 STREICHERS Clothing&Uniforms Police 174018 100 STUMNE,DEB Refunds Environmental Education 174019 149 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 174020 100 SUNDELL,PAUL Refunds Environmental Education 174021 285 TASER INTERNATIONAL Tuition Reimbursement/School Police 174022 100 TEICHMAN,DIANE Refunds Environmental Education 174023 15,343 THORPE DISTRIBUTING Beer Den Road Liquor Store 174024 100 THUNSTROM,KYLE Refunds Environmental Education 174025 224 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs-Elevator Community Center Maintenance 174026 48 TOLL GAS AND WELDING SUPPLY Operating Supplies Park Maintenance 174027 255 TRI-ANIM HEALTH SERVICES INC Safety Supplies Fire 174028 10 UNIFORMS UNLIMITED Clothing&Uniforms Police 174029 1,125 UNIVERSITY OF MINNESOTA Other Contracted Services Organizational Services 174030 25 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 174031 39 US POSTMASTER-HOPKINS Postage Senior Center Administration 174032 400 VERDE STRATEGIES Other Contracted Services Storm Drainage 174033 214 VINO SOURCE,THE Liquor Prairie Village Liquor Store 174034 755 WALL TRENDS INC Other Contracted Services Capital Impr./Maint.Fund 174035 732 WINE COMPANY,THE Wine Domestic Prairie View Liquor Store 174036 2,157 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 174037 1,630 WM MUELLER AND SONS INC Gravel Water System Maintenance 174039 1,980 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store 174040 48 WORRELL,KACIE Training Supplies Fitness Classes 174041 40,557 XCEL ENERGY Electric Miller Park 174042 7,352 XCEL ENERGY Other Contracted Services Community Center Expansion 174043 12,543 YALE MECHANICAL INC Other Contracted Services Pool Maintenance 174044 596 YOUNG,PHIL Travel Expense City Council 174045 129 ZEP MANUFACTURING CO Equipment Parts Fleet Operating 174046 6,217 A-SCAPE INC Contract Svcs-Snow Removal Dunn Brothers 174047 14,086 ADVANCED ENGINEERING&ENVIRON Design&Engineering Utility Improvement Fund 174048 64 ALTERNATIVE BUSINESS FURNITURE Building Capital Impr./Maint.Fund 174049 1,388 ARS BUSINESS SOLUTIONS LLC Computers Prairie View Liquor Store 174050 1,305 CDW GOVERNMENT INC. Other Hardware Utility Operations-General 174051 261 CORPORATE EXPRESS Office Supplies General 174052 1,210 DECORATIVE DESIGNS INC Contract Svcs-Garden Rm/Caf. City Hall-CAM 174053 2,448 DELL Computers CIP-Bonds 174054 2,271 DLT SOLUTIONS INC. Software Maintenance IT Operating 174055 27 FERRELLGAS Repair&Maint.Supplies Utility Operations-General 174056 439 GE CAPITAL Other Rentals General 174057 208 GRAINGER Supplies-Electrical City Hall-CAM 174058 321 GREATAMERICA LEASING CORP. Postage General 174059 2,798 HANSEN THORP PELLINEN OLSON Improvements to Land Trails Referendum 174060 111 IDEAL SYSTEM SOLUTIONS INC Equipment Repair&Maint IT Operating 174061 75 INTEGRA TELECOM Equipment Repair&Maint IT Operating 174062 863 LAB SAFETY SUPPLY INC Clothing&Uniforms Utility Operations-General 174063 295 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#2 174064 10,281 LOGIS Other Hardware Capital Impr./Maint.Fund 174065 1,810 METRO SALES INCORPORATED* Other Rentals General 174066 710 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 174067 3,320 NORTHWEST BUSINESS SYSTEMS Equipment Repair&Maint IT Operating 174068 127 PC MALL Other Hardware CIP-Bonds 174069 38,345 POSITRON PUBLIC SAFETY SYSTEMS Software IT Operating 174070 219 PRAIRIE ELECTRIC COMPANY Contract Svcs-Fire/Life/Safe Public Works/Parks 174071 603 RIDGEVIEW MEDICAL CENTER Employment Support Test Organizational Services 174072 275 ROMSDAHL,NEVADA Operating Supplies IT Operating 174073 108 SNAP-ON TOOLS Small Tools Fleet Operating 174074 2,431 SPRINT Wireless Subscription IT Operating 174075 1,182 SULLIVANS UTILITY SERVICES INC Contract Svcs-Plumbing Fire Station#5 174076 3,385 THE TRAINING CONSORTIUM Conference Expense IT Operating 174077 1,080 IACP Tuition Reimbursement/School Police 174078 6,500 KLM ENGINEERING INC Design&Engineering Utility Improvement Fund Check# Amount Vendor/Explanation Account Description Business Unit 174079 43,362 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 174080 1,234 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 174081 75 NCTRC Licenses&Taxes Organizational Services 174082 147 SPRINT Telephone Engineering 174083 1,387 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 174084 1,000 PETTY CASH-POLICE DEPT Miscellaneous Liquor Compliance 174085 6,879 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 174086 928 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 174087 79 ACE TRAILER SALES Equipment Repair&Maint Park Maintenance 174088 3,853 ACTION FLEET INC Equipment Repair&Maint Fleet Operating 174089 21,950 ADVANCED ENGINEERING&ENVIRON Design&Engineering Utility Improvement Fund 174090 5,343 AIR POWER EQUIPMENT CORPORATIO Contract Svcs-General Bldg Fire Station#1 174091 557 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture 174092 110 AMERICAN RED CROSS Licenses,Permits,Fees Pool Lessons 174093 272 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 174094 7,670 AMSAN LLC Other Assets Capital Impr./Maint.Fund 174095 11 ANDERSON,KEITH AND DIANA AR Utility Water Enterprise Fund 174096 48 APPRAISAL INSTITUTE Dues&Subscriptions Assessing 174097 34,150 AQUA LOGIC INC Building Capital Impr./Maint.Fund 174098 302 ASPEN WASTE SYSTEMS INC. Building Capital Impr./Maint.Fund 174099 550 AVI SYSTEMS INC Equipment Repair&Maint Communication Services 174100 7 BARBEE,JODY Parking Permits Community Center Admin 174101 330 BARNES,BELINDA A. Other Contracted Services Volleyball 174102 20 BARSTAD,DANIEL Deposits Community Center Admin 174103 2,928 BEACON ATHLETICS Operating Supplies Park Maintenance 174104 195 BECHTEL,MARY LYNN Memberships Community Center Admin 174105 7,120 BELLBOY CORPORATION Liquor Den Road Liquor Store 174106 14 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Senior Center 174107 58 BLOOMINGTON,CITY OF Other Contracted Services Park Maintenance 174108 19,950 BLUE WATER SCIENCE Other Contracted Services Storm Drainage 174109 366 BOYER TRUCKS Equipment Parts Fleet Operating 174110 9,950 BRAUN INTERTEC CORPORATION Other Contracted Services Utility Improvement Fund 174111 243 BROWN TRAFFIC PRODUCTS INC Operating Supplies Traffic Signals 174112 20 BRUNS,TARA AND JOSH AR Utility Water Enterprise Fund 174113 1,387 BUCK,NATHAN Other Contracted Services Volleyball 174114 217 C S S Clothing&Uniforms Street Maintenance 174115 2,333 CENTERPOINT ENERGY Gas Fire Station#4 174116 23 CHRISTENSEN,MARGE Program Fee Red Hat 174117 726 CLAREYS INC Safety Supplies Utility Operations-General 174118 617 COLOR PRINTING Printing Police 174119 176 CORPORATE EXPRESS Office Supplies Police 174120 1,081 COSTCO Capital Under$10,000-Gen Bl Furniture 174121 286 CRIPE,JACQUELYN V Other Contracted Services Volleyball 174122 175 DAVANNI'S PIZZA Equipment Repair&Maint Water System Maintenance 174123 20 DAVIS,DONNA Deposits Community Center Admin 174124 9,959 DAY DISTRIBUTING Beer Prairie View Liquor Store 174125 59 DEZENSKI,JEFFREY Operating Supplies Fire 174126 17,829 DIVERSE BUILDING MAINTENANCE Cleaning Supplies City Hall-CAM 174127 436 DMX MUSIC Other Contracted Services Prairie View Liquor Store 174128 45 DOYLE,COLLEEN Program Fee Leisure Education 174129 251 DUNN BROTHERS COFFEE Operating Supplies Classes/Programs/Events 174130 4,447 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 174131 273 EARL F ANDERSEN INC Signs Traffic Signs 174132 930 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 174133 1,733 ENVIRONMENTAL PROCESS INC Legal Utility Operations-General 174134 54 ESPRESSO MIDWEST INC Contract Svcs-Plumbing City Center Operations 174135 96 EXECUTIVE OCEAN Operating Supplies Internal Events 174136 64 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 174137 155 FASTENAL COMPANY Operating Supplies Police 174138 240 FIRE DEPARTMENT TRAINING NETWO Dues&Subscriptions Fire 174139 4,050 FONTEYN,LARRY Other Contracted Services Rehab 174140 12,455 FORCE AMERICA Equipment Parts Fleet Operating 174141 352 FORD,GARY Other Contracted Services Park Maintenance 174142 297,551 GENERAL GROWTH PROPERTIES INC TIF Payment Project Fund 174143 389 GENERAL GROWTH PROPERTIES LP-E Building Rental Police Check# Amount Vendor/Explanation Account Description Business Unit 174144 28 GENUINE PARTS COMPANY Operating Supplies Park Maintenance 174145 2,327 GET WIRELESS LLC Capital Under$10,000 E-911 Program 174146 41 GILLUND ENTERPRISES Equipment Parts Fleet Operating 174147 222 GOOD,JAMIE Tuition Reimbursement/School Police 174148 302 GOPHER STATE ONE-CALL INC OCS-Meter Testing Utility Operations-General 174149 30 GRAINGER Supplies-HVAC Ice Arena Maintenance 174150 894 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 174151 2,596 GRAYMONT Treatment Chemicals Water Treatment Plant 174152 37,959 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 174153 25,696 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 174154 16,097 GRIGGS COOPER&CO Wine Imported Den Road Liquor Store 174155 100 GUNDERSON,TOM OR TRUDY Refunds Environmental Education 174156 233 GWS INC Operating Supplies Community Center Admin 174157 95 HANISCH,RYAN Lessons&Classes Fitness Classes 174159 852 HARRIS CORPORATION Repair&Maint.Supplies Wireless Communication 174160 83 HD SUPPLY WATERWORKS LTD Operating Supplies Street Maintenance 174161 176,468 HEALTHPARTNERS Medical Bills Prepaid Health and Benefits 174162 143 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Wireless Communication 174163 1,177 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 174164 66 HENRY,PAUL Other Contracted Services Volleyball 174165 200 HODNE,KERRY Lessons&Classes Pool Lessons 174166 1,550 HOHENSTEINS INC Beer Prairie View Liquor Store 174167 176 HOLMES,TOM Other Contracted Services Volleyball 174168 9 HOWAT,SHELLEY Contributions Winter Theatre 174169 747 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Treatment Plant 174170 3,246 IND SCHOOL DIST 272 Miscellaneous Police 174171 288 1NFRATECH Repair&Maint.Supplies Water System Maintenance 174172 44,052 INTEREUM INC Capital Under$10,000 Capital Impr./Maint.Fund 174173 2,311 ITS A KEEPER Operating Supplies Internal Events 174174 92 J H LARSON COMPANY Other Contracted Services Den Road Liquor Store 174175 127 JANEX INC Operating Supplies Park Maintenance 174176 7,807 JJ TAYLOR DIST OF MN Beer Prairie Village Liquor Store 174178 26,493 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 174179 223 KEEPERS Clothing&Uniforms Fire 174180 1,870 KINARD CONTROL SYSTEMS INC Design&Engineering Wireless Communication 174181 791 KORTERRA,INC OCS-Leak Detection Utility Operations-General 174182 69 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 174183 349 KRISS PREMIUM PRODUCTS INC Supplies-HVAC City Hall-CAM 174184 66 LAB SAFETY SUPPLY INC Operating Supplies Police 174185 25 LANDS END CORPORATE SALES Clothing&Uniforms Police 174186 13,867 LANO EQUIPMENT INC Machinery&Equipment Public Works 174187 60 LEAGUE OF MINNESOTA CITIES Miscellaneous Utility Operations-General 174188 300 LINDSTROM RESTORATION Other Contracted Services Fire 174189 100 LUCKIE,MARY ANN Refunds Environmental Education 174190 450 M.AMUNDSON LLP Misc Taxable Den Road Liquor Store 174191 4,701 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 174192 100 MARIG,JOHN Refunds Environmental Education 174193 21,672 MARK VII Beer Den Road Liquor Store 174194 13,438 MARKETLINE RESEARCH INC Other Contracted Services Economic Development 174195 350 MARTIN-MCALLISTER Employment Support Test Organizational Services 174196 31,920 MCFARLAND CONSTRUCTION COMPANY Building Capital Impr./Maint.Fund 174197 30 MENARDS Operating Supplies Street Maintenance 174198 2,845 METRO FIRE Repair&Maint.Supplies Fire 174199 254,815 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 174200 105 METROPOLITAN FORD Equipment Parts Fleet Operating 174201 631 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 174202 6,000 MIDWEST DESIGN CO Other Contracted Services Communication Services 174203 59 MINNESOTA CHIEFS OF POLICE ASS Printing Police 174204 136 MINNESOTA CONWAY Operating Supplies Fire 174205 45 MINNESOTA NAHRO Conference Expense Housing and Community Service 174207 9 MONTGOMERY,GAIL Operating Supplies Fitness Classes 174208 30 MONTOURI,DODI Program Fee Trips 174209 222 MORROW,JAMES Tuition Reimbursement/School Police 174210 646 MTI DISTRIBUTING INC Small Tools Fleet Operating 174211 36 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police Check# Amount Vendor/Explanation Account Description Business Unit 174212 45 MURPHY,PAM Program Fee Leisure Education 174213 255 NASW-MN CHAPTER Conference Expense Housing and Community Service 174214 2,303 NEW FRANCE WINE COMPANY Wine Domestic Prairie View Liquor Store 174215 2,109 NEXT DAY GOURMET Capital Under$10,000 Capital Impr./Maint.Fund 174216 502 NORTHWEST BUSINESS SYSTEMS Computers Water Treatment Plant 174217 174 NUCO2 INC Chemicals Pool Maintenance 174218 883 OLSEN COMPANIES Equipment Parts Fleet Operating 174219 75 PALMER,NICHOLAS Employment Support Test Fire 174220 204 PAPER DIRECT INC Printing Community Center Admin 174221 4,590 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 174222 168 PEARSON,ELLEN Program Fee Leisure Education 174223 91 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 174224 508 PETERS,GARY Operating Supplies Park Maintenance 174225 799 PETTY CASH Mileage&Parking Water Distribution 174226 11,300 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 174227 20 PLEWKA,MARK Deposits Community Center Admin 174228 191 POMP'S TIRE SERVICE INC Equipment Parts Fleet Operating 174229 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 174230 9,217 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 174231 8,068 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 174232 1,371 PRECISION FINISHING Signs Traffic Signs 174233 126 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 174234 71 PRIOR WINE COMPANY Wine Imported Den Road Liquor Store 174235 122 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 174236 11,396 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store 174237 461 QWEST Telephone Sewer Liftstation 174238 66 R&R SPECIALTIES OF WISCONSIN Repair&Maint-Ice Rink Ice Arena Maintenance 174239 75 RECYCLING ASSOCIATION OF MINNE Dues&Subscriptions Recycle Rebate 174240 31 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 174241 700 ROOT 0 MATIC Contract Svcs-Plumbing Park Shelters 174242 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 174243 186 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 174244 26 SHEGGEBY,MICHAEL Supplies-Electrical Community Center Maintenance 174245 120 SNAP-ON TOOLS Small Tools Fleet Operating 174246 575 SOUTH CENTRAL TECHNICAL COLLEG Tuition Reimbursement/School Fire 174247 11,414 SOUTH METRO PUBLIC SAFETY TRAI Contract Svcs-General Bldg Public Safety Training Facilit 174248 6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing and Community Service 174249 3,422 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk 174250 43 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 174251 206 SPRI PRODUCTS INC Operating Supplies Fitness Center 174252 2,484 SPRINT Wireless Subscription IT Operating 174253 201 SPS COMPANIES Equipment Repair&Maint Park Maintenance 174254 17,332 SRF CONSULTING GROUP INC Other Contracted Services Storm Drainage 174255 12,868 ST CROIX ENVIRONMENTAL INC Other Contracted Services Utility Improvement Fund 174256 12 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Operating 174257 147 STATE SUPPLY COMPANY Supplies-Plumbing City Hall-CAM 174258 824 STEIN,MIKE Conference Expense Fire 174259 100 STEVENS,MARK Refunds Environmental Education 174260 784 STONEBROOKE Equipment Parts Fleet Operating 174261 718 STREICHERS Clothing&Uniforms Police 174262 100 STUFFEL,TODD OR MOLLY Refunds Environmental Education 174263 321 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 174264 434 SURLY BREWING CO Beer Den Road Liquor Store 174265 3,250 TEENS ALONE Other Contracted Services Housing and Community Service 174266 162 TESSCO Operating Supplies Wireless Communication 174267 15,622 THANE HAWK NS POLAR CHEVROLET Autos Police 174268 20 THOMPSON,KATIE Deposits Community Center Admin 174269 25,407 THORPE DISTRIBUTING Beer Den Road Liquor Store 174270 146 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 174271 220 TWIN CITY OXYGEN CO Repair&Maint.Supplies Water System Maintenance 174272 191 UNIFORMS UNLIMITED Clothing&Uniforms Police 174273 38 UPS Postage Fire 174274 44 USMANOVA,YELENA Lessons&Classes Oak Point Lessons 174275 168 VERIZON WIRELESS Pager&Cell Phone Police 174276 1,079 VINO SOURCE,THE Liquor Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 174277 1,620 VINOCOPIA Wine Domestic Prairie Village Liquor Store 174278 184 VINTAGE ONE WINES INC Wine Domestic Den Road Liquor Store 174279 7 VOGT HEATING&PLUMBING Cash Over/Short General Fund 174280 563 WAHLS ENTERPRISES Equipment Repair&Maint Park Maintenance 174281 10,700 WALL TRENDS INC Contract Svcs-General Bldg Fire Station#2 174282 31 WELD&SON'S PLUMBING Plumbing Permits General Fund 174283 905 WENCK ASSOCIATES INC Testing-Soil Boring Improvement Projects 2006 174284 516 WINE COMPANY,THE Wine Imported Prairie View Liquor Store 174285 2,547 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 174286 100 WISNIEWSKI,JAMES Refunds Environmental Education 174287 376 WM MUELLER AND SONS INC Gravel Water System Maintenance 174288 608 WORKING FIRE TRAINING Training Supplies Fire 174289 61 XCEL ENERGY Electric Emergency Preparedness 174290 7,680 YALE MECHANICAL INC Contract Svcs-HVAC Park Shelters 174291 100 YOUNGS,STEVEN Refunds Environmental Education 174292 735 ZEE MEDICAL SERVICE Safety Supplies Community Center Admin 174293 150 ZEP MANUFACTURING CO Equipment Parts Fleet Operating 174294 3,807 ZIEGLER INC Contract Svcs-Electrical Public Works/Parks 174295 21,135 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Prosecution 174296 234 PETTY CASH-EPCC Operating Supplies Aquatics&Fitness Admin 174297 500 PETTY CASH-POLICE DEPT Miscellaneous Liquor Compliance 174298 1,181 WISCONSIN DEPARTMENT OF REVENU State Taxes Withheld Health and Benefits 174299 6,192 NILSSON,BETH Instructor Service Ice Show 174300 262 RICHFIELD,CITY OF Machinery&Equipment Public Works 174301 1,049 STATE OF MINNESOTA Autos Police 174302 18 STATE OF MINNESOTA Operating Supplies DWI Forfeiture 3,105,938 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director May 6, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. Laurie Obiazor, Recreation Programming Cost Recovery Recreation Services Manager Motion Move to: Accept proposed adjustments to the cost recovery goals for various recreation programs as proposed. Synopsis Proposed Cost Recovery Goals Current Cost Proposed Cost Program Recovery Minimum Recovery Minimum Staring Lake Concert Series 25% 10% Riley-Jacques Twilight Specials 25% 10% Winter Theatre 25% 40% Park in Movies 25% 10% Youth Summer Drama Camp 25% 75% Cemetery Walk 25% 75% Historical Tour 25% 75% Collection of One Acts 25% 75% Arts &Antiques in the Garden 25% 50% 4th of July Celebration 50% 40% Playground Camp 50% 75% Unique Special Events such as park dedications &ribbon cutting ceremonies 50% 0% One of the questions raised by the Budget Advisory Commission during the 2008/2009 budget hearing discussions related to the process used by City staff to determine which recreation programs are offered and which programs are cancelled. The decisions are based on policy that was adopted by the City in 1995 relating to cost recovery for recreation programs. All programs that are based on meeting operating expenses have a minimum registration number selected to meet operating expenses. If the number of registrations is not met, the program will be canceled unless there is rationale to run the program below the minimum registration number. The recreation program staff review cost recovery data on a program by program basis to reflect how various programs met with cost recovery goals, and to determine if subsidy goals should be revised, programs continued or fees increased or decreased. Since 1995 the recreation staff has utilized program planning budget worksheets to establish fees and charges for all recreation programs according to the cost recovery policy, and to ensure programs meet established cost recovery goals. On an annual basis, the entire Recreation Recreation Programming Cost Recovery May 6, 2008 Page 2 Division analyzes all the recreation programs offered and whether or not they met their cost recovery guidelines as approved by the City Council. The actual cost of the program is determined by the direct cost such as instructor fees, program supplies, facility rentals (if appropriate),plus an additional 20% to cover indirect costs such as printing, postage, etc. There are a few decisions made each year that vary slightly from this policy. For example, if a new program does not quite meet the cost recovery goal the first time it is offered, staff may determine to offer it anyway. Often times, when people become aware of the program the next time it is offered there is a waiting list. Some youth camps and some lesson programs may not meet the cost recovery goal; however, the accumulation of revenue for these programs exceeds the overall expenditures, including the 20 percent administrative fee. The Parks, Recreation and Natural Resources Commission will review this information at their May 5 meeting. Background on Fees & Charges A cost recovery policy for recreation programs was established by the City Council on November 21, 1995, and over the past twelve years the City has collected fees for recreation programs based on the policy approved by the City Council in 1995. The policy outlines the cost recovery goals for recreation programs according to four distinguished service categories; basic services, enhanced services, fee assisted services, and fee supported services. Basic Services Basic services are those that every taxpayer is entitled to receive—playground programs, drop-in recreation, such as free skating and swimming beaches, as well as services for seniors and the disabled. These programs and services guarantee all residents access to basic recreation program facilities. Cost recovery within the basic services range from 0 percent to 60 percent. Enhanced Services Enhanced services include special events or activities to which the community is invited without a fee. These events promote the City, our history, and quality of life, and do have potential for outside sponsorship or partners. Examples of these programs are community-wide festivals, such as the 4th of July Celebration, the International Festival, the Staring Lake Amphitheatre Concert Series, and Sunbonnet Day. Cost recovery within the enhanced services has in the past ranged from 25 percent for arts and cultural programs to 50 percent for special events. Proposed range is from 10 percent to 75 percent,with the goal to obtain sponsorship of the entire cost of the programs when possible. Recreation Programming Cost Recovery May 6, 2008 Page 3 Fee Assisted Services These services include programs that have a 100 percent cost recovery,but may not cover the 20 percent administrative fee, such as preschool playground and some senior programs, as well as programs with mandated fee levels. These programs provide fees that offset the direct costs of supervisors, instructors, and expendable equipment,but might not cover the entire indirect costs of the program. The goal for these programs is to cover the entire costs of the program. Fee Supported Services These services are provided at no cost to the taxpayers and in many cases show a profit. These programs include the majority of all adult and youth athletic and lesson programs, and out- number all other programs combined. Please note that all cost recovery goals include 20 percent above the direct costs for indirect costs charged to the program such as printing, postage, etc. Recommendations Adult Athletics No changes recommended for adult athletics. Adult athletic programs including adult open gym, softball, football, horseshoes, volleyball,basketball,broomball and bocce consistently meet cost recovery of 120%. Adult/Senior No changes recommended for adult/senior programs. Adult/Senior trips,programs, special events, health and wellness programs, and Senior Awareness month programs consistently meet the cost recovery goal of 100%. Aquatics No changes recommended for aquatic programs including swimming lessons (120% cost recovery), open and lap swim(50% cost recovery). Swimming lessons consistently meet cost recovery levels. The open and lap swim fees were increased for 2008 to meet cost recovery goal. Beach operations at Round Lake beach and Riley Lake beach provide no cost recovery and are considered a basic service. Staff recommended reducing the hours of operation at Round Lake beach during the 2008/2009 budget process during the weekday throughout the summer to lower the expenses for the beach program. Arts & Culture Recommend decreasing the cost recovery goal for the Staring Lake Concert Series from 25% cost recovery to 10% cost recovery, based on 10%actual cost recovery trend for this summer program. Concert series are free to the public with the exception of the summer musical which Recreation Programming Cost Recovery May 6, 2008 Page 4 accepts donations (pass the hat) at the end of each performance. The only other source of revenue for this program is through limited contributions and sponsorships. Recommend decreasing the cost recovery expectation for the Riley-Jacques Twilight Specials from 25%cost recovery to 10%cost recovery, based on a 10-15%actual cost recovery trend for this summer performance series. Recommend increasing the cost recovery expectation for the Winter Theatre program from 25% cost recovery to 40% cost recovery, based on 40%actual cost recovery trends for this winter program. No changes recommended for the summer musical which has a cost recovery goal of 25%. Recommend decreasing the cost recovery goal for Park in Movies be changed from 25% cost recovery to 10%. This program is usually well attended and expenses are minimal. Recommend increasing the cost recovery expectation for the youth summer drama camp, the Cemetery Walk, the Historical Tour, and a Collection of One Acts to 75%cost recovery instead of 25%, and increase the cost recovery goal for Arts &Antiques in the Garden event from 25% cost recovery to 50%. Recommend no changes to the cost recovery goal of 25% for Art on City Walls, Community Band, Poetry Night, Cummins House Christmas, International Festival and Sunbonnet Day. Recommend art instructional classes and program strive for 120% cost recovery and that new arts initiatives (non-instructional programs)maintain a 25% cost recovery goal. Fridays at Purgatory Creek Concert Series, Murder at the Banquet and Review to Death Mystery Dinner were art programs offered in the past, and have now been discontinued. Fitness No changes recommended for fitness programs that currently have a cost recovery of 120%; fitness classes, Fitness Center orientations and the Girls on the Run program. Fitness programs consistently meet the cost recovery goal each year. Ice Skating No changes recommended for ice skating programs; ice skating lessons that currently have a cost recovery of 120% , Ice Show (50% cost recovery) and open skate/hockey (50% cost recovery). Ice skating programs consistently meet cost recovery levels (not including fees and charges for use of ice and maintenance). Recreation Programming Cost Recovery May 6, 2008 Page 5 Outdoor Center No changes recommended for Outdoor Center programs. Outdoor Center programs currently have a cost recovery goal of 120%which are consistently being met. Special Events Recommend decreasing the cost recovery expectation for the 4th of July Celebration from 50% cost recovery to 40% cost recovery, based on cost recovery trends the past several years with this major special event. No changes recommended for the Halloween on the Mall event which has a cost recovery goal of 50%. Recommend the cost recovery goal to be 0% instead of 50%for unique special events such as park dedications, ribbon cutting ceremonies and major one time events such as the Community Center Grand Opening. No changes recommended for Community Center events which have a 50% cost recovery goal. The Riley Lake Beach Party and the Wild, Wild West event have been discontinued. Therapeutic Recreation No changes recommended for Therapeutic Recreation. Leisure Education(120% cost recovery) and adaptive recreation(60% cost recovery)programs meet their cost recovery goals. Inclusions are completely funded by the City of Eden Prairie and are considered a basic service. Inclusion services provide a tremendous service to individuals with disabilities, enabling them to participate in general recreation programs throughout the year. The City of Eden Prairie is committed to providing reasonable accommodations and accessibility for all residents. Youth and Family Youth lesson programs typically meet cost recovery goals of 120%. Occasionally registration fees need to be increased to cover direct program costs and the 20% administrative fee which staff adjust on an as need basis. Playground Camp program consistently meet the cost recovery level 50%. Recommend increasing the cost recovery goal for playground program from 50%cost recovery to 75%cost recovery, based on actual cost recovery trends for this basic services program. Staff has recently increased registration fees for preschool programs (85% cost recovery) to ensure cost recovery goals are met. In addition, seasonal recreation programs, special trips, events and camps typically meet cost recovery levels of 120% as did the Afterschool Connection program with a 80% cost recovery goal. Recreation Programming Cost Recovery May 6, 2008 Page 6 Leaders in Training (teen work program) and skating rinks (warming house operations) are funded completely by the City of Eden Prairie and are considered a basic service. Staff recommended reducing the hours of operation for outdoor skating rinks/warming houses during the 2008/2009 budget process which was implement this past winter. Attachment Recreation Program Cost Recovery Report Recreation Program Cost Recovery Levels Information collected from P&R Annual Reports *Expenses include 20%Admin fee 2006 I 2005 I 2004 Minimum Proposed N 2 y Cost Cost Service Cost 1 Cost E Cost Division Recovery Recovery, Category Recovery 8 Recovery 8 Recovery e, Ice Skating Lessons 120% same Fee Supporting 216% 280% 211% Ice Show 50% same Enhanced 139% 161% 146% Open Skate/Hockey 50% same Basic 204% 207% 279% Swim Lessons- EPCC 120% same Fee Supporting 190% 121% 129% Swim Lessons-Oak Pt 120% same Fee Supporting 139% 109% 115% Open Swim- EPCC 50% same Basic 37% 48% 53% Open Swim-Oak Pt 50% same Basic 24% A 34% A 40% Fitness Classes 120% same Fee Supporting 101% 114% 100% Girls on the Run 120% same Fee Supporting 110% 116% 111% Riley Lake Beach 0% same Basic 0% 0% 0% Round Lake Beach 0% same Basic Fall Programs 120% same Fee Supporting 109% 63% 89% Winter Programs 120% same Fee Supporting 108% 180% 222% Spring Programs 120% same Fee Supporting 107% 68% 172% Summer Programs 120% same Fee Supporting 127% 82% 99% Playgrounds 50% 75% Basic' 85% I 90% 98% Special Trips/Events 120% same Fee Supporting 244% 114% 117% Lake Riley Day Camp 120% same Fee Supporting 142% 144% 256% Summer Camps 120% same Fee Supporting 101% 119% 99% Tennis Programs 120% same Fee Supporting 107% 107% 118% Safety Camp 120% same Fee Supporting 114% 98% 133% Afterschool Connection 100% same Fee Assisted 130% 88% 64% Leaders In Training/Teen Work 0% same Basic 7% 7% 6% Preschool Programs 85% same Fee Assisted 61% 112% 110% Art& Drama Programs 120% same Fee Supporting 102% 106% 139% Afternoon Adventure 120% same Fee Supporting 48% Skating Rinks 0% same Basic 1% 1% 3% Sports, Fun & Fitness 60% same Basic 157% 87% Wheelchair Basketball 60% same Basic 66% Inclusions 0% same Basic 0% 0% 0% Leisure Education 120% same Fee Supporting 235% 236% 392% Adult Open Gym 120% same Fee Supporting 161% 128% 115% Softball 120% same Fee Supporting 160% 156% 160% Football 120% same Fee Supporting 106% 141% 99% Horseshoes 120% same Fee Supporting 149% 139% 101% Volleyball 120% same Fee Supporting 155% 155% 146% Basketball 120% same Fee Supporting 109% 105% 138% Broomball 120% same Fee Supporting 136% 97% 127% Bocce 120% same Fee Supporting 190% 94% B 253% Senior Programs 100% same Fee Assisted 105% 87% 96% Senior Trips 100% same Fee Assisted 102% 102% 82% Senior Special Events 100% same Fee Assisted 89% 134% 90% Senior Health &Wellness 100% same Fee Assisted 394% 195% Senior Awareness Month 100% same Fee Assisted 114% 153% 273% Outdoor Center Programs 120% same Fee Supporting 120% 120% 120% Art on City Walls 25% same Enhanced Community Band 25% same Basic 29% 29% 38% Concert Series 25% 10% Enhanced 9% 8% 6% Winter Theater 25% 40% Enhanced 40% 38% 37% Recreation Program Cost Recovery Levels Information collected from P&R Annual Reports *Expenses include 20%Admin fee 2006 2005 2004 Minimum Proposed N 2 y Cost Cost Service Cost 1 Cost E Cost Division Recovery Recovery, Category Recovery 8 Recovery 8 Recovery e, Poetry Night 25% same Enhanced 0% Summer Musical 25% same Enhanced 39% 29% 47% Fridays at Purgatory Creek 25% Discontinued Enhanced 3% 9% _ Youth Summer Drama Camp 25% 75% Enhanced 174% Park In Movie 25% 10% Enhanced 0% 0% A Collection of One Acts 25% 75% Enhanced I 118% Arts Initiative 25% same Enhanced 88% Art Classes 120% same Fee Supporting 80% Arts&Antiques in Garden 25% 50% Enhanced 213% 75% 52% Sunbonnet Day 25% same Enhanced 18% 31% 17% Cemetery Walk 25% 175% Enhanced 69% 0% C Murder at the Banquet 25% Discontinued Enhanced 99% 98% Review to Death Mystery Dinner 25% Discontinued Enhanced 102% Riley-Jacques Barn Twilight Specials 25% 10% Enhanced 17% 14% Cummins House Christmas 25% same Enhanced 32% 22% 13% International Festival 25% same Enhanced 51% 39% 18% History Tour 11N. 25% 75% Enhanced 156% 96% 4th of July Celebration 50% 40% Enhanced 33% 30% 35% Halloween on the Mall 50% same Enhanced 54% 59% 54% EPCC Special Event 50% same Enhanced 0% Beach Party 50% Discontinued Enhanced 17% 31% 10% Kite Fest 50% same Enhanced 116% 28% Wild Wild West 50% Discontinued Enhanced 16% Park Dedications 50% 0% Enhanced 15% Staring Lake Slide Re-Opening 50% 0% Enhanced 0% TOTAL 91% 88% 88% Comments A- Overall subsidy at Oak Pt is 45%when taking in consideration of rental revenue and swimming lesson revenue. B - 2004 Expenses were included in 2005 C - Supplies were purchased, but then event was cancelled.