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HomeMy WebLinkAboutCity Council - 10/21/2008AGENDA CITY COUNCIL WORKSHOP &OPEN PODIUM TUESDAY, OCTOBER 21, 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 Note :There is no workshop presentation tonight. The City Council will interview Budget Advisory Commission applicants beginning at 5:15 p.m. Council Chamber OPEN PODIUM ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 21, 2008 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal ,Parks &Recreation Director Jay Lotthammer ,Public Works Director Eugene Dietz ,City Planner Michael Franzen ,Community Development Director Janet Jeremiah ,City Attorney Ric Rosow and Council Recorder Jan Curielli 1. II. IV. V. ROLL CALL / CALL THE MEETING TO ORDER COLOR GUARD / PLEDGE OF ALLEGIANCE OPEN PODIUM INVITATION APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS PROCLAMATIONS / PRESENTATIONS A.VETERANS MEMORIAL COMMITTEE UPDATE B.20-40 -15 PHASE II PROJECTS VI.MINUTES A.COUNCIL WORKSHOP HELD TUESDAY ,OCTOBER 7, 2008 B.CITY COUNCIL MEETING HELD TUESDAY,OCTOBER 7, 2008 VII.REPORTS OF ADVISORY BOARDS &COMMISSIONS VIII.CONSENT CALENDAR A.CLERK'S LICENSE LIST B.SURMODICS By SurModics, Inc. Second Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment within the 1-2 Zoning District on 9.80 acres ,Resolution for Site Plan Review on 9.80 acres. Location: Northeast corner of 74th Street West and Golden Triangle Drive. (Ordinance for PUD District Review and Zoning District Amendment; Resolution for Site Plan Review) C.AWARD BID FOR NEW LINDEN &BUCKINGHAM DRIVE SIDEWALK CONSTRUCTION PROJECT TO CURB MASTERS INC. D.DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS CITY COUNCIL AGENDA October 21, 2008 Page 2 E.AUTHORIZE SUBMISSION OF COMMENT LETTER ON MET COUNCIL'S 2030 TRANSPORTATION POLICY PLAN REQUESTING THE SOUTHWEST TRANSITWAY BE GIVEN GREATER PRIORITY BASED ON COMPLETION OF THE SOUTHWEST TRASITWAY ALTERNATIVES ANALYSIS,HIGH RIDERSHIP ESTIMATES, AND CONSENSUS OF SUBURBAN CITIES ALONG THE PROPOSED TRANSITWAY IX.PUBLIC HEARINGS /MEETINGS A.HEARING FOR 2008 SPECIAL ASSESSMENTS (Resolution) B.MENARDS Request for: Planned Unit Development Concept Review on 15.72 acres ,Planned Unit Development District Review on 15.72 acres, Zoning District Amendment within the Commercial Regional Service Zoning District on 15.72 acres , and Site Plan Review on 15.72 acres. Location: 12600 Plaza Drive. (Resolution for PUD Concept Review ;Ordinance for PUD District Review and Zoning District Amendment) X.PAYMENT OF CLAIMS XI.ORDINANCES AND RESOLUTIONS A.FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 3 RELATING TO REGULATION OF DISCHARGE FROM SUMP PUMPS AND OTHER SOURCES INTO THE SEWER SYSTEM XII.PETITIONS, REQUESTS AND COMMUNICATIONS XIII .APPOINTMENTS A.BUDGET ADVISORY COMMISSION B.BUDGET ADVISORY COMMISSION CHAIR AND VICE CHAIR XIV.REPORTS A.REPORTS OF COUNCILMEMBERS B.REPORT OF CITY MANAGER 1.Set Date for Canvass of Election Results 2.Smith-Douglas-More House Lease Update C.REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D.REPORT OF PARKS AND RECREATION DIRECTOR E.REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL AGENDA October 21, 2008 Page 3 F.REPORT OF POLICE CHIEF G.REPORT OF FIRE CHIEF H.REPORT OF CITY ATTORNEY XV.OTHER BUSINESS XVI.ADJOURNMENT ANNOTATED AGENDA DATE:October 17, 2008 TO:Mayor and City Council FROM :Scott Neal, City Manager RE:City Council Meeting for Tuesday, October 21, 2008 TUESDAY, OCTOBER 21, 2008 7:00 PM,COUNCIL CHAMBER 1.ROLL CALL / CALL THE MEETING TO ORDER II.COLOR GUARD/PLEDGE OF ALLEGIANCE (See instructions on dais.) 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.VETERANS MEMORIAL COMMITTEE UPDATE John Mallo will present an update on Veterans Memorial Committee activities. B.20-40 -15 PHASE II PROJECTS PRESENTATION Representatives from McKinstry will present an overview of proposed Phase 11 20-40-15 projects. Synopsis :Phase 1 projects for 20/40/15 are nearly completed and a number of additional energy saving projects have been identified, which we are calling Phase 2. These new projects include additional exterior lighting at different buildings, a heat exchanger for the ice refrigeration system, solar panels to heat the pool water, and water saving plumbing fixtures. ANNOTATED AGENDA October 21, 2008 Page 2 About a year ago, the City signed a contract with McKinstry using "performance contracting and the alternative funding process that has been established in the State of Minnesota via statute MN 471.345. Performance contracting per MN 471.345 means that McKinstry will perform energy audits, identify energy saving projects within the City, obtain funding for these projects and manage the installation and completion of the projects. The savings generated by the projects that are implemented will pay for all engineering and consulting fees, all equipment purchased and labor to install it and all principal and interest paid to the funding organization.McKinstry must verify energy savings through the life of the project (up to 15 years) and must guarantee that the savings will pay for all costs of the project as identified above. If the savings do not pay for these costs ,McKinstry is required by law to pay these costs .We identified a number of projects which we have called Phase 1, and have completed them over the last year.While working on Phase 1 projects, we have also identified a number of new energy saving projects, which we are presenting here as Phase 2.We are recommending a new contract be signed with McKinstry in order to complete these Phase 2 projects. MOTION :Move to approve contract with McKinstry to continue with Phase 2 of the City's 20/40 /15 energy initiative. VI.MINUTES MOTION :Move to approve the following City Council minutes: A.COUNCIL WORKSHOP HELD TUESDAY,OCTOBER 7, 2008 B.CITY COUNCIL MEETING HELD TUESDAY,OCTOBER 7, 2008 VII.REPORTS OF ADVISORY BOARDS &COMMISSIONS VIII.CONSENT CALENDAR MOTION :Move approval of items A-E on the Consent Calendar. A.CLERK'S LICENSE LIST B.SURMODICS By SurModics, Inc. Second Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment within the 1-2 Zoning District on 9.80 acres ,Resolution for Site Plan Review on 9.80 acres. Location: Northeast corner of 74th Street West and Golden Triangle Drive. (Ordinance for PUD District Review and Zoning District Amendment; Resolution for Site Plan Review) C.AWARD BID FOR NEW LINDEN & BUCKINGHAM DRIVE SIDEWALK CONSTRUCTION PROJECT TO CURB MASTERS INC. D.DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS ANNOTATED AGENDA October 21, 2008 Page 3 E.AUTHORIZE SUBMISSION OF COMMENT LETTER ON MET COUNCIL'S 2030 TRANSPORTATION POLICY PLAN REQUESTING THE SOUTHWEST TRANSITWAY BE GIVEN GREATER PRIORITY BASED ON COMPLETION OF THE SOUTHWEST TRASITWAY ALTERNATIVES ANALYSIS, HIGH RIDERSHIP ESTIMATES, AND CONSENSUS OF SUBURBAN CITIES ALONG THE PROPOSED TRANSITWAY IX.PUBLIC HEARINGS / MEETINGS A.HEARING FOR 2008 SPECIAL ASSESSMENTS (Resolution) Official notice of this public hearing was published in the October 2, 2008 Eden Prairie News and send to 17 property owners. Synopsis :Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental assessments for such things as trunk utility assessments and lateral utility assessments. See Exhibit A for the list of projects that the Council will be asked to approve for levying Special Assessments for collection with property taxes. The total amount proposed to be assessed in 2008 is $2,460,400.49. MOTION :Move to: •Close the public hearing for the approval of the 200 Special Assessments; and •Adopt the resolution approving all Special Assessments presented in the fall of 200 B.MENARDS Request for: Planned Unit Development Concept Review on 15.72 acres, Planned Unit Development District Review on 15.72 acres, Zoning District Amendment within the Commercial Regional Service Zoning District on 15.72 acres, and Site Plan Review on 15.72 acres. Location: 12600 Plaza Drive. (Resolution for PUD Concept Review ;Ordinance for PUD District Review and Zoning District Amendment) Official notice of this public hearing was published in the September 25, 2008,Eden Prairie News and send to 17 property owners. Synopsis :The site plan shows construction of a new 2 story Menards retail building of 210,943 square feet and construction of a new warehouse building of 42,352 square feet. The exterior of the existing 23,760 square foot strip retail building will be remodeled. The existing Menards retail building and warehouse buildings will be removed. The site is located in Subarea 1 of The Major Center Area Study. Subarea 1 is located north of Highway 5, west of 1-494 and south of Valley View Drive. The ANNOTATED AGENDA October 21, 2008 Page 4 current uses within Subarea 1 include retail with no forecasted significant increases in density or intensity .The MCA land use plan shows this site for Big Box Retail. The proposed use is an appropriate use for Subarea 1. At the October 7, 2008 City Council meeting Menard Inc. requested a continuance in order to work on plan revisions. Plans are revised according the recommendations of staff report and the Planning Commission. The 120-Day Review Period Expires on December 12, 2008. The Planning Commission voted 7-0 to recommend approval of the project at the September 8, 2008 meeting. MOTION :Move to: •Close the Public Hearing; and •Adopt the Resolution for Planned Unit Development Concept Review on 15.72 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 Zoning District on 15.72 acres; and •Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. X.PAYMENT OF CLAIMS MOTION :Move approval of the Payment of Claims as submitted (Roll Call Vote). XI.ORDINANCES AND RESOLUTIONS A.FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 3 RELATING TO REGULATION OF DISCHARGE FROM SUMP PUMPS AND OTHER SOURCES INTO THE SEWER SYSTEM Synopsis :As discussed at the September 2nd workshop, staff has prepared an Ordinance that would prohibit property owners from discharging clear water into the sanitary sewer system. The Ordinance calls for a $100-per month surcharge to be established for failure to comply with the Ordinance once notification has been given that an inspection must be made of the premises to verify compliance. The City will make the inspection at no cost to the homeowner, but the Ordinance does provide that a private contractor may be retained by the homeowner to certify compliance. If approved, staff will bring the Second Reading of the Ordinance to the November 18th meeting for final approval. After publication, we would expect our consultants to begin the inspection process. At Council request, staff has begun a public education campaign. There has been good coverage of the subject from the workshop meeting in the Eden Prairie News; ANNOTATED AGENDA October 21, 2008 Page 5 information about infiltration /inflow has been posted on the City website; Communications staff included an excellent article in the "Life on the Prairie ; and Communications staff has prepared the attached tri-fold brochure that will be mailed to all utility customers within the City.The mailing should be in the public 's hands in the period between the First and Second Reading of the Ordinance. MOTION :Move to approve First Reading of an Ordinance amending City Code Chapter 3 relating to regulation of inflow and infiltration (clear water) into the sanitary sewer system. XII.PETITIONS, REQUESTS AND COMMUNICATIONS XIII.APPOINTMENTS A.BUDGET ADVISORY COMMISSION Synopsis :The City advertised for two vacancies on the Budget Advisory Commission, with applications being taken from September 17 through October 3, 2008. Ten applicants applied for consideration to the BAC. Interviews for the BAC were held at the City Council workshop on Tuesday, October 21, 2008. A new BAC Orientation session will be held in November or December 2008 in advance of the start of the new BAC Commission terms scheduled to begin on January 1, 2009. MOTIONS: Move to: Appoint to the Budget Advisory Commission for four-year terms Richard King, Jon Muilenburg, Don Uram, and with terms to begin January 1, 2009, and end December 31, 2012. and Move to: Appoint to the Budget Advisory Commission for two-year terms Richard Proops, Gwen Schultz, and with terms to begin January 1, 2009, and end December 31, 2010. B.BUDGET ADVISORY COMMISSION CHAIR AND VICE CHAIR Synopsis :Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to a City Commission. City Code Section 2.22, Subd. 5 Officers, states, "The Council shall choose a chairperson and vice- chairperson for a Board or Commission to serve for a period of one year.To be ANNOTATED AGENDA October 21, 2008 Page 6 eligible for consideration ,City Code states , "a chairperson must have served one year on the Board or Commission before becoming eligible for appointment as a chairperson. MOTION :Move to appoint Don Uram - Chair and Vice Chair of the Budget Advisory Commission. XIV.REPORTS A.REPORTS OF COUNCILMEMBERS B.REPORT OF CITY MANAGER 1.Set Date for Canvass of Election Results Synopsis :Minnesota Election Law 205.185, subd. 3 requires that within seven days after a municipal election, the governing body of a city shall act as the canvassing board, canvass the returns, and declare the results of the election. MOTION :Move to set the date of the canvass of the results of the municipal election held on November 4, 200 , for Monday, November 10th at 5:00 pm. 2.Smith-Douglas-More House Lease Update C.REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR E.REPORT OF PUBLIC WORKS DIRECTOR F.REPORT OF POLICE CHIEF G.REPORT OF FIRE CHIEF H.REPORT OF CITY ATTORNEY XV.OTHER BUSINESS XVI.ADJOURNMENT MOTION :Move to adjourn the City Council meeting. ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP &OPEN PODIUM TUESDAY ,OCTOBER 7, 2008 CITY CENTER 5:00 - 6 :25 PM, HERITAGE ROOM II 6:30 - 7:00 PM,COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds ,Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz ,Assistant to the City Manager Michael Barone ,City Attorney Ric Rosow ,and Recorder Lorene McWaters Heritage Room II 1.EMERGENCY PREPAREDNESS PLANNING Fire Chief George Esbensen and Police Chief Rob Reynolds discussed the City's emergency preparedness plans and activities. Esbensen shared a graphic that shows outdoor warning siren locations. Virtually the entire city is covered by at least one siren. Esbensen said the City's current emergency plan is being updated and will be available electronically .He said the current trend is toward regional standardization of emergency plans. Current emergency preparedness activities include: •CERT recruiting and training •NIMS training for new staff •Partnership for Emergency Readiness recruiting and activities •Member in the regional radio system •Implementation of a new CAD system in 2009 •Police/Fire/Public Works operational partnerships Esbensen reviewed emergency drills the City has conducted over the past five years. He said plans are being made for a business district shutdown drill with PER members. Reynolds discussed the City's intelligence-led policing, particularly in the area of computer forensics. Council Chamber II.OPEN PODIUM III.ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,OCTOBER 7, 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 Gene Dietz, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli 1.ROLL CALL / CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:00 PM. All Council Members were present. II.COLOR GUARD / PLEDGE OF ALLEGIANCE Young thanked Boy Scout Troop 597, chartered by St. Andrews Lutheran Church, for presenting the colors. He also thanked all of the high school students in the audience for attending tonight's meeting. III.OPEN PODIUM INVITATION IV.APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal noted there is a goldenrod sheet replacement for Item VIII.C. on the Consent Calendar, and the motion for the Consent Calendar should state Items A-G. He also added a couple of items under Item XIV.B. Young said he had a couple of items to add to Item XIV.A. MOTION: Duckstad moved, seconded by Butcher, to approve the agenda as published and amended.Motion carried 5-0. V.PROCLAMATIONS / PRESENTATIONS A.PROP UPDATE Anne Harnack, Executive Director of PROP, gave an update on the current activities of PROP. She said she appreciated the support given by the City and noted the community is very supportive. PROP's mission is to provide support to neighbors in need. She noted they have seen an increase in the needs of the community because of recent economic changes, and they are seeing three to five new households each month for food services. About 40% of those served are from the Somali community, and PROP must meet the needs of their special diet. There is a decreased availability of food on the shelves and an increased call for support with household utilities. There has been a large increase in the number of people in CITY COUNCIL MINUTES October 7, 2008 Page 2 the community who have lost their jobs and who have never used the PROP services before. She said they are partnering with the United Methodist Church to provide a coop food effort to help clientele which will help PROP reach their goal of self-sufficiency. Mayor Young thanked her for her report. VI.MINUTES A.COUNCIL WORKSHOP HELD TUESDAY,SEPTEMBER 16, 2008 MOTION: Aho moved,seconded by Butcher, to approve the minutes of the Council Workshop held Tuesday, September 16, 2008, as published.Motion carried 5-0. B.CITY COUNCIL MEETING HELD TUESDAY,SEPTEMBER 16, 2008 MOTION: Butcher moved, seconded by Duckstad, to approve the minutes of the City Council meeting held Tuesday, September 16, 2008, as published.Motion carried 5-0. VII.REPORTS OF ADVISORY BOARDS &COMMISSIONS VIII.CONSENT CALENDAR A.CLERK'S LICENSE LIST B.APPROVE SECOND READING OF ORDINANCE NO. 22-2008 AMENDING CITY CODE SECTION 2.22 RELATING TO BUDGET ADVISORY COMMISSION TERMS AND ADOPT RESOLUTION 2008 -96 APPROVING SUMMARY FOR PUBLICATION C.ADOPT RESOLUTION NO. 2008 -97 APPOINTING ELECTION JUDGES FOR 2008 GENERAL ELECTION D.APPROVE IDENTITY THEFT PREVENTION PROGRAM E.APPROVE CHANGE ORDER NO.3 FOR THE CSAH 4 AND VALLEY VIEW ROAD INTERSECTION IMPROVEMENTS ,I.C. 96-5405 F.APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR LOWER MINNESOTA RIVER WATERSHED DISTRICT EROSION STABILIZATION PROJECT FOR STUDY AREAS 1 & 2, I.C. 07-5698 G.AWARD CONTRACT FOR STUDY ARE FOR OF THE LOWER MINNESOTA RIVER WATERSHED DISTRICT EROSION STABILIZATION PROJECT TO MINNESOTA NATIVE LANDSCAPES, INC., I .C. 07-5698 MOTION: Duckstad moved, seconded by Aho, to approve Items A-G on the Consent Calendar.Motion carried 5-0. CITY COUNCIL MINUTES October 7, 2008 Page 3 IX.PUBLIC HEARINGS / MEETINGS A.APPROVE SENIOR MULTIFAMILY HOUSING DEVELOPMENT PROGRAM IN CITY OF BLOOMINGTON AND APPROVE ISSUANCE OF REVENUE OBLIGATIONS TO FINANCE THE REDEVELOPMENT (Resolution No. 2008-98) Neal said official notice of this public hearing was published in the September 18, 2008,Eden Prairie News.He noted the attorneys representing Bloomington Bethany Senior Housing, Inc., a Minnesota non-profit, approached City staff requesting help with financing a senior project in Bloomington. The project is for a 182 unit senior living community located at 6820 Auto Club Road in Bloomington. In order for the City of Eden Prairie to have authority to issue the debt, there must be a nexus of the project to Eden Prairie. The market research report shows the project will benefit City of Eden Prairie residents as a housing option. Presbyterian Homes is one of the investors in the project. The total bond issuance amount is $29,700,000, and the City of Eden Prairie debt issuance amount will be no more than $6,000,000. Other participants providing project financing include Hennepin County Housing and Redevelopment Authority, City of Burnsville, MN Economic Development Authority, the City of Bloomington, and MN Housing and Redevelopment Authority. Neal said we are talking about allowing the City of Bloomington to use some unused tax exempt bond capacity we have as a city. The City of Bloomington will issue and pay for the bonds, so this is not an obligation to Eden Prairie. There is a small charge we add on to the fees that cover our processing costs, and Bloomington pays all attorney and other fees. Young said he wanted to make sure this is not an obligation of the City.Neal said this is not an obligation of the City and we are not borrowing money and lending it to Bloomington .The City of Bloomington is issuing the bonds and has the obligation to repay it. Nelson said she has concerns that we have bonds coming up later in the agenda that we are letting ourselves. She thought being frugal with the use of bonds is important in order to obtain future bond funding. At this time she was not in favor of using our bond capacity for this. She noted we aren't trading with Bloomington, and we are about to add a significant amount of housing with Presbyterian Homes here in Eden Prairie. Young said he wanted to open it up for public comment before further City Council comments. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the Public Hearing.Motion carried 5-0. Duckstad asked if this is an act by the City to be neighborly and to help out the City CITY COUNCIL MINUTES October 7, 2008 Page 4 of Bloomington. Neal said he would characterize it like that. Duckstad then asked if the City would be in no way obligated on the bonds and if they are just using our allotment of bonds. Neal said we have legal counsel for the project here to address those questions. Mr. John Utley, attorney with Kennedy and Graven, said they prepared the resolution and are working on the bond transaction. Although we are asking for the indebtedness of the City on the transactions, the sole source of payment is revenue from the project. The bondholders have access only to the project itself. The bonds are authorized by the legislature and have been used by cities for 50 years. These are bank-qualified bonds and each year a city can issue up to $10,000,000 of the bonds. This year the City of Eden Prairie is going to issue up to $5,000,000 of that. That authority goes away if it is not used. Aho asked if he was saying that even if we take the action tonight we are not encumbering the City to have to pay anything nor are we losing any ability for future periods to use the bond resource ourselves. Mr. Utley said the bonding authority we are using is the $10,000,000 bank-qualified amount for 2008. Beginning in January 2009 the City has another $10,000,000 available to use. Butcher asked if it would have an impact on our AAA bond rating. Mr. Utley said we have a long history of this type of bond issue, and this type of issue has absolutely no impact on the City's general bond rating, regardless of the success of the project. Neal said one of the reasons we are talking about this action at this time is that we are entering the fourth quarter and have a more precise understanding of our own borrowing needs. Young said he tended to support the request since he could see no downside to the City to do so .He thought it is important to promote and encourage economic development that is good for our regional economy. Aho said he also supports it. When a neighboring city comes to us for help in something that doesn't really affect us, he thought it is important to help them out. The proponent also has a large project coming up in our City. Duckstad said under the circumstances described he also supported the action. Butcher said she also supported it. MOTION: Butcher moved, seconded by Aho, to adopt Resolution No. 2008-98 approving a housing program relating to a senior multifamily housing development to be located in the City of Bloomington; to grant preliminary approval to the issuance of revenue obligations by the City to finance the senior multifamily housing redevelopment; and to approve authorizing certain related actions .Motion carried 5-0. CITY COUNCIL MINUTES October 7, 2008 Page 5 B.MENARDS Request for: Planned Unit Development Concept Review on 15.72 acres ,Planned Unit Development District Review on 15.72 acres, Zoning District Amendment within the Commercial Regional Service Zoning District on 15.72 acres , and Site Plan Review on 15.72 acres. Location: 12600 Plaza Drive. (Resolution for PUD Concept Review; Ordinance for PUD District Review and Zoning District Amendment) Neal said official notice of this public hearing was published in the September 25, 2008,Eden Prairie News and sent to 17 property owners. He said Menard Inc. is requesting a continuance to the October 21, 2008 City Council meeting in order to work on the plan revisions, listed in the staff report to the Planning Commission. The Planning Commission voted 7-0 to recommend approval of the project to the City Council at the September 8, 2008 meeting. The 120-day review period expires on December 12, 2008. He noted staff supports the request for continuance. MOTION: Duckstad moved, seconded by Nelson, to continue the public hearing to the October 21, 2008, City Council meeting.Motion carried 5-0. X.PAYMENT OF CLAIMS XI. XII. XIII. XIV. MOTION: Nelson moved, seconded by Aho, 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." ORDINANCES AND RESOLUTIONS PETITIONS, REQUESTS AND COMMUNICATIONS APPOINTMENTS REPORTS A.REPORTS OF COUNCILMEMBERS 1.Assist Medical Equipment Grand Opening Young said he and Mr. Neal went to the grand opening of the new headquarters for Assist, a medical device company. He said they had outgrown their space and chose to stay in Eden Prairie. He thought it is important to attract and retain businesses like this one, and they could have gone anywhere when they were looking for property. 2.Liberty Property Trust Young said he wanted to extend the Council's congratulations to Liberty Property Trust on being declared to be the 2008 National Association of Industrial and Office Properties (NAIOP) developer of the year. He noted Liberty Property Trust owns more commercial real estate in Eden Prairie than anyone else and we enjoy good relations with them. CITY COUNCIL MINUTES October 7, 2008 Page 6 3.High Tech Association Awards Young said the High Tech Association will issue the "Technie Awards towards the end of this month. Twelve of the 45 nominees have a relationship with Eden Prairie. He wished all of the finalists good luck. B.REPORT OF CITY MANAGER 1.Applications for Budget Advisory Commission (BAC) Neal passed out copies of the ten applications received for the two open positions on the BAC. The new term structure was approved tonight on the Consent Calendar. The applicants have been told the Council will conduct an interview, and he suggested a couple of dates for the interviews: Tuesday, October 21 at 4:00 PM prior to the Council Workshop, and Tuesday, October 28, at 5:00 or 6:00 PM. He said he will have Ms McWaters call Council Members tomorrow to see their preferences. 2.Joint Meeting with School Board Neal said the next workshop meeting is scheduled to be a joint meeting with the School Board. He is meeting with the Superintendent this Friday to talk about possible topics for the workshop. 3.November City Council Meeting Neal reminded Council Members that the only regular meeting for the month of November is scheduled for November 18 because the first Tuesday of November is Election Day. 4.Adopt Resolution No. 2008 -99 Authorizing Issuance of $3,120,000 General Obligation Equipment Certificates,Series 2008A 5.Adopt Resolution No. 2008-100 Relating to $1,845,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2008B Neal said he thought there should be some discussion of these items because of the state of the economy. He said Ms Kotchevar and Mr. Paul Donna of Northland Securities are present to discuss this item. Mr. Donna said bids were taken this morning for the issuance of $3.12 million in General Obligation Equipment certificates and $1.845 million in General Obligation Permanent Improvement Revolving Fund bonds. He said as is customary with the issuance of bonds, they sought a credit rating from Moody's Investment Services. He said they affirmed the City's AAA rating and he reviewed Moody's comments, including their expectation that CITY COUNCIL MINUTES October 7, 2008 Page 7 the City's financial position will remain strong due to our history of sound financial procedures. He noted only seven cities in Minnesota have an AAA credit rating.When they scheduled the bond sale in late August for this date, we had a relatively stable market to put projections together. With the events of the last few weeks we didn't know what would occur today, but the results compared very favorably with the estimates in August. He passed out the results of the bidding. Mr. Donna said there wasn't a bond market the past couple of weeks and there was a lack of interest in municipal bonds. Recent events had a positive affect on the bond market and general obligation bonds issued by a City with a superior AAA rating would be in high demand. There were six bids received for the Series A bond issue, and they are recommending the bid from Morgan Keegan be accepted. He said the low bid for the Series B bonds was from Wells Fargo at 4.22% and they anticipated 4.27% in August. They were quite pleased with that bidding and would recommend approval of the issuance as well. Nelson asked if Morgan Keegan is in good financial shape and is not on the brink of financial disaster. Mr. Donna said they have not shown up on any agency alert or review by major credit rating agencies, and they have no reason to assume they would not be able to create the issue. Nelson asked if the same was true for Wells Fargo Brokerage. Mr. Donna said we have no information that would point otherwise. Duckstad asked if the AAA bond rating means this is the most favorable instrument we can buy .Mr. Donna said the higher the rating the lower the cost of capital to the City,and this is the highest rating available. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2008-99 authorizing issuance of $3,120,000 General Obligation Equipment Certificates, Series 2008A .Motion carried 5-0. MOTION: Nelson moved, seconded by Butcher, to adopt Resolution No. 2008-100 relating to $1,845,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2008B .Motion carried 5-0. 6.Approve Custody Agreement with U.S. Bank National Association Kotchevar said this agreement appoints US Bank National Association to provide custody services for the City investments. Currently, investments are usually held with the broker where the investment was purchased, either with Dain Rauscher or Wells Fargo. She said it is a much more efficient process to conduct an investment transaction at a trust. Brokers are not really set up to handle investments from other brokers. We will also have consolidated reporting of all of our investments, and this also provides the highest level of security for the investments because the investments will be held in trust at U.S. Bank. CITY COUNCIL MINUTES October 7, 2008 Page 8 Aho noted there is an estimated annual cost of $5,500 and asked if there are any other costs in transferring the funding and instruments to them above that fee. Kotchevar said there are none. Duckstad asked for an explanation of how this would provide the highest level of security for City investments. Kotchevar said the difference is they would be held in trust which is a separate trust entity. Only certain banks are allowed to have a trust department. It is a separate entity from U. S. Bank itself. Investments held at a brokerage would require a more involved process to get at the funds if the firm went out of business. Duckstad then asked why U.S. Bank National Association was chosen. Kotchevar replied we went out for bids, and U.S. Bank had the least cost. MOTION: Butcher moved, seconded by Aho, to approve the Custody Agreement with U. S. Bank National Association.Motion carried 5-0. C.REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D.REPORT OF PARKS AND RECREATION DIRECTOR E.REPORT OF PUBLIC WORKS DIRECTOR 1.First Reading of an Ordinance Amending City Code Chapter 3 Relating to Watering of Another's Property Neal said we had an individual neighborhood situation where there was a dispute about one property owner who allowed sprinkling water to fall on another's property. This item came from a request to ban such unwanted watering. He noted that staff discussed this and determined they were not able to bring this to the Council with staff endorsement. It is a localized situation, and City staff is working with the two property owners to mediate. He recommended we don't go any further with the matter. Dietz said there are civil recourse actions that people can take for trespass. Staff chose to recommend we not pursue this. Young thought he agreed with staff. He said he has sympathy with the problem of the homeowner, but the proposed ordinance had such breadth it went way beyond solving the individual problem of the two neighbors. Neal said the mediations are having some success. Young asked if we need to do anything about this now. Rosow suggested a motion to table it indefinitely. MOTION: Duckstad moved, seconded by Nelson, to table indefinitely the First Reading of an Ordinance amending City Code Chapter 3 relating to watering of another's property.Motion carried 5-0. CITY COUNCIL MINUTES October 7, 2008 Page 9 F.REPORT OF POLICE CHIEF G.REPORT OF FIRE CHIEF H.REPORT OF CITY ATTORNEY XV.OTHER BUSINESS XVI.ADJOURNMENT MOTION: Butcher moved, seconded by Aho, to adjourn the meeting .Motion carried 5- 0.Mayor Young adjourned the meeting at 7:45 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 21, 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. Amendment to Liquor License 2AM Closing Permit -Renewal Leiserv Inc DBA: Brunswick Zone Eden Prairie 12200 Singletree Lane 1 CITY COUNCIL AGENDA DATE: October 21, 2008 SECTION: Consent Agenda DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.B. Community Development/Planning SurModicsJanet Jeremiah Scott Kipp Requested Action Move to: •Approve 2nd Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment in the 1-2 Zoning District on 9.8 acres; and •Adopt the Resolution for Site Plan Review on 9.8 acres; and •Approve the Development Agreement for SurModics; and •Approve and Authorize Issuance of a Grading Permit for SurModics subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated October 14, 2008, as approved by the City Council. Synopsis This is for a 63,000 square foot two story research and development lab facility addition. Attachments 1.Ordinance for PUD District Review 2.Summary Ordinance 3.Resolution - Site Plan Review 4.Development Agreement SURMODICS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO.23-2008-PUD-12-2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1.That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2.That action was duly initiated proposing that the land be amended within the 1-2 Zoning District 23-2008-PUD-12-2008 (hereinafter "PUD-12-2008-I-2). Section 3 .The City Council hereby makes the following findings: A.PUD-12-2008-I-2 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B.PUD-12-2008-I-2 is designed in such a manner to form a desirable and unified environment within its own boundaries. C.The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-12-2008-I-2 are justified by the design of the development described therein. D.PUD-12-2008-I-2 is of sufficient size, composition ,and arrangement that its construction ,marketing ,and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4.The land shall be subject to the terms and conditions of that certain Development Agreement dated as of October 21, 2008, entered into between SurModics, Inc., and the City of Eden Prairie, (hereinafter "Development Agreement ).The Development Agreement contains the terms and conditions of PUD-12-2008-I-2, and are hereby made a part hereof. Section 5.The proposal is hereby adopted and the land shall be, and hereby is amended within the 1-2 District and shall be included hereafter in the Planned Unit Development 12-2008-1-2, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6.City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7.This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of September, 2008 ,and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 21St day of October, 2008. ATTEST: Kathleen A .Porta,City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on ,2008. EXHIBIT A PUD Legal Description - SurModics Legal Description Before Final Plat Lot 2,Block 1 ,NORSEMAN INDUSTRIAL PARK 6TH ADDITION, and Lot 1,Blockl, NORSEMAN INDUSTRIAL PARK 4TH ADDITION , all in Hennepin County ,Minnesota. Legal Description After Final Plat Lot 1,Block 1 ,NORSEMAN INDUSTRIAL PARK 7TH ADDITION,Hennepin County, Minnesota. SURMODICS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO.23-2008 -PUD-12-2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA ,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 ,WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ,ORDAINS: Summary :This ordinance allows amendment of the zoning of land located at 9910, 9912, and 10080 74th Street West within the 1-2 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date:This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta ,City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on 12008. (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A PUD Legal Description - SurModics Legal Description Before Final Plat Lot 2,Block 1 ,NORSEMAN INDUSTRIAL PARK 6TH ADDITION, and Lot 1,Blockl, NORSEMAN INDUSTRIAL PARK 4TH ADDITION,all in Hennepin County,Minnesota. Legal Description After Final Plat Lot 1,Block 1 ,NORSEMAN INDUSTRIAL PARK 7TH ADDITION,Hennepin County, Minnesota. SURMODICS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR SURMODICS BY SURMODICS, INC WHEREAS, SurModics, Inc has applied for Site Plan approval of SurModics to construct a 63,000 square foot two story research and development lab facility addition, by an Ordinance approved by the City Council on October 21, 2008; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its September 8, 2008 meeting and recommended approval of said site plans; and WHEREAS , the City Council has reviewed said application at a public hearing at its September 16, 2008 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to SurModics based on the Development Agreement between SurModics, Inc. and the City of Eden Prairie, reviewed and approved by the City Council on October 21, 2008. ADOPTED by the City Council of the City of Eden Prairie this 21St day of October, 2008. Phil Young, Mayor ATTEST: Kathleen A .Porta,City Clerk DEVELOPMENT AGREEMENT SURMODICS THIS DEVELOPMENT AGREEMENT ("Agreement ) is entered into as of October 21, 2008, by SurModics, Inc., a Minnesota corporation, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City : WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 9.8 acres, Planned Unit Development District Review on 9.8 acres, Zoning District Amendment within the 1-2 Zoning District on 9.8 acres, Site Plan Review on 9.8 acres, and Preliminary Plat of 9.8 acres into one, legally described on Exhibit A (the "Property ); NOW, THEREFORE, in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No.for Planned Unit Development District Review and Zoning District Amendment within the 1-2 Zoning District on 9.8 acres, Resolution No.for Site Plan Review, and Resolution No.for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated October 14, 2008, reviewed and approved by the City Council on October 21, 2008, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2.EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3.DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4.DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 5.EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6.FUTURE DEVELOPMENT: Developer acknowledges that the City has approved development plans only for Phase 1 development, as depicted in the Plans. Prior to any development or construction for Phase 2 development, as depicted in the Plans, Developer shall be required to submit detailed development plans, and all other submittals required by the Eden Prairie City Code, and obtain approval of those plans and submittals by the Planning Commission and City Council. 7.GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A.FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP).The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP.In addition, the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring ,data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B.STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins, retention basins or Stormwater Infiltration Systems (such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss and channelization of flow are not occurring, and thereafter by the Owner of the Property. A Planting Plan for the Stormwater Facilities must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled "State of Minnesota Storm water Manual dated November 2005, the approved final grading plan and the requirements listed herein. All Stormwater Infiltration Systems shall be delineated with erosion control fencing prior to construction. The Stormwater Infiltration Systems shall be installed using low-impact earth moving equipment. No equipment, vehicles, supplies or other materials shall be allowed in the areas designated for stormwater infiltration during construction. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of Developer maintenance, the Owner of the Property shall be responsible for maintenance of the Stormwater Facilities. This shall include debris and litter removal, removal of noxious and invasive plants, removal of dead and diseased plants, re-mulching of void areas, replanting or reseeding areas where dead or diseased plants were removed and removal of sediment build-up. Sediment build-up in Stormwater Infiltration Systems shall be removed by hand. C.STORMWATER POLLUTION PREVENTION PLAN (SWPPP ):Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project.Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 8.IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 9.LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 198 caliper inches. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 10.MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 11.RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 12.SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the City Engineer and obtain the City Engineer's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Prior to release of any portion of the final plat, Developer shall convey to the City easements for such sidewalks and trails in such locations as determined by the City Engineer. Sidewalks and trails shall be constructed in the following locations: A.A five-foot wide concrete sidewalk to be located along the east side of Golden Triangle Drive from 74th Street West to the most northerly property line of the development, as depicted in the Plans. B.A five-foot wide concrete sidewalk to be located along the north side of 74th Street West from Golden Triangle Drive to the most easterly property line of the development, as depicted in the Plans. After approval by the City, Developer shall file the sidewalk easements with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the City Engineer proof that the sidewalk easements have been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office in accordance with the requirements of this paragraph. Prior to building permit issuance, Developer shall furnish to the City Engineer and receive the City Engineer's written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 150% of the cost of said sidewalk as required by City Code. Developer shall complete the implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. 13.SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70. 14.SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property.All pole lighting shall consist of downcast shoebox fixtures not to exceed 30 feet in height.Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 15.TRASH ENCLOSURE: Developer shall submit to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of the screening of the outside trash containers for the Property. Developer shall complete implementation of the trash screening plan prior to issuance of any occupancy permit for the Property. 16.TRAVEL DEMAND MANAGEMENT PLAN: Developer shall implement the Travel Demand Management (TDM) Plan at the site to help reduce traffic congestion according to the attached plan shown as Exhibit D. As part of the TDM Plan the Developer shall construct 2 shower facilities in the building (1 for each gender), which will be available to all employees in the building. Prior to issuance of the building permit for the Property, Developer shall furnish to the Traffic Engineer and receive the Traffic Engineer's approval of a TDM performance bond, cash escrow, letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager (hereinafter referred to as the "Security ) equal to 100% of the cost ( $31,100 ) of implementing the first two (2) years of the TDM Plan. The Developer shall initiate implementation of the TDM Plan, including active marketing to its employees and all building tenants and their employees 3 months after a certificate of occupancy has been issued. The Security will be reduced to the Developer on a "draw-down basis, in the following manner: A. Upon request and subject to full implementation of the TDM Plan, the City will reduce the Security at the following times: -Upon completion of items associated with plan start up. -After 1 calendar year of TDM plan implementation. B.After 2 calendar years of full TDM plan implementation and completion of plan evaluation ,upon request the City will release the Security. C.To request a reduction or release of the Security the Developer shall submit to the Traffic Engineer a letter requesting a reduction and a summary of the TDM activities completed to date .A summary of the required information can be obtained from the Traffic Engineer upon request. D. The City shall have 30 business days to review requests for reduction or release of the Security and provide indication of approval or objection to any part of the request. If the Developer fails to implement the TDM plan in accordance with its terms , the City may draw upon the Security in whole or in part to pay the cost of implementation. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE By Its By Phil Young Its Mayor By By_ Its Scott H. Neal Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2008, by Phil Young and Scott H .Neal, respectively the Mayor and the City Manager of the City of Eden Prairie ,a Minnesota municipal corporation ,on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2008, by ,the ,of a Minnesota ,on behalf of the THIS INSTRUMENT WAS DRAFTED BY: Notary Public City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT - SURMODICS Legal Description Before Final Plat Lot 2, Block 1, NORSEMAN INDUSTRIAL PARK 6' ADDITION, and Lot 1, Blockl, NORSEMAN INDUSTRIAL PARK 4"H ADDITION,all in Hennepin County,Minnesota. Legal Description After Final Plat Lot 1,Block 1 ,NORSEMAN INDUSTRIAL ADDITION,Hennepin County ,Minnesota. EXHIBIT B DEVELOPMENT AGREEMENT -SurModics PLANS LIST OF MATERIALS 1.Project Narrative dated September 10, 2008 by Hagen, Christensen & Mcllwain Architects 2.aO.0 Cover Sheet, Location Map, Key Plan dated 7/31/08 3.al.1 Architectural Site Plan dated 7/31/08 by Hagen, Christensen & Mcllwain Architects 4.al.2 Architectural Site Plan - Future Expansion dated 9/9/08 by Hagen, Christensen & Mcllwain 5.al.2 r Architectural Site Plan - Future Expansion dated 9/09/08 by Hagen, Christensen & Mcllwain 6.a2.1 First Level Floor Plan dated 9/09/08 by Hagen, Christensen & Mcllwain 7.a2.2 Second Level Floor Plan dated 7/31/08 by Hagen, Christensen & Mcllwain 8.a2.3 Penthouse Level Floor Plan dated 7/31/08 by Hagen, Christensen & Mcllwain 9.a2.3 First Level Floor Plan - Phase 2 dated 7/31/08 by Hagen, Christensen & Mcllwain 10. a3.1 Exterior Elevation - Future Expansion - South dated 7/31/08 by Hagen, Christensen & Mcllwain 11. C1-1 Existing Conditions dated 10/10/08 by Loucks Associates 12. C1-2 Demolition Plan dated 10/10/08 by Loucks Associates 13. C2-1 Site Plan dated 10/10/08 by Loucks Associates 14. C2-2 Fire Truck Access Exhibit dated 10/10/08 by Loucks Associates 15. C3-1 Grading & Drainage Plan dated 10/10/08 by Loucks Associates 16. C3-2 Preliminary Storm Water Pollution Prevention Plan dated 10/10/08 by Loucks Associates 17. C4-1 Preliminary Utility Plan dated 10/10/08 by Loucks Associates 18. C4-2 Utility Relocation Exhibit dated 10/10/08 by Loucks Associates 19. C8-1 Detail Sheet dated 10/10/08 by Loucks Associates 20. L1-1 Landscaping Plan dated 10/10/08 by Loucks Associates 21. L2-1 Landscaping Details dated 10/10/08 by Loucks Associates 22. Preliminary Plat stamp dated 09/09/08 by Loucks Associates EXHIBIT C DEVELOPMENT AGREEMENT - SURMODICS I.Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours ,proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II.Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III.Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV.If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer ,for itself,its successors, and assigns ,shall not oppose the City's reconsideration and rescission of any Rezoning ,Site Plan review and/or Guide Plan review approved in connection with this Agreement ,thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V.Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI.The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII.Developer represents that it has marketable fee title to the Property. With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A.That Developer has marketable fee title free and clear of all mortgages ,liens, and other encumbrances .Prior to final plat approval ,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B.That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C.That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Dedicated Property, any Hazardous Substances. D.That no previous owner, operator or possessor of the Dedicated Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs ,damage and expense ,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII.Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property.Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX.Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X.Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval.Developer shall follow all the recommendations of the Fire Marshal. XI.Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special ,unique, and of an extraordinary character, and that ,in the event that Developer violates, or fails ,or refuses to perform any covenant, condition ,or provision made herein ,City may be without an adequate remedy at law. Developer agrees ,therefore ,that in the event Developer violates, fails ,or refuses to perform any covenant, condition ,or provision made herein ,City may ,at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City.No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy .The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII.Developer shall, prior to the commencement of any improvements, provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII.Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV.Prior to building permit issuance ,except as otherwise authorized in the approved Plans, existing structures ,wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV.Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names ,lot arrangements and property lines. XVI.The City shall not issue any building permit for the construction of any building ,structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII.No failure of the City to comply with any term, condition ,covenant or agreement herein shall subject the City to liability for any claim for damages ,costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 %2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie , will be affixed to the top of the post. XIX.Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and / or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX.The City is hereby granted the option ,but not the obligation ,to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond ,letter of credit ,cash deposit or other security (hereinafter referred to as the "Security ) is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City ; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI.The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. EXHIBIT D DEVELOPMENT AGREEMENT - SURMODICS Travel Demand Management Plan PSurModks far/ngirrg 1'r r^rw rrf iorr Togeflrer" Travel D emand M anagement P lan Prepared by Spack Consulting Revised September 9,2008 I) INTRODUCTION /PROJECT DESCRIPTION SurModics is planning a 63,506 square foot expansion to its facility on the northeast corner of Golden Triangle Drive and West 74th Street in Eden Prairie, MN. The expansion will be built on a parcel that is currently vacant and zoned 1-2 (Industrial Park). The proposed two story building will be built west of the existing 64,390 square foot one story building, bringing the total square footage for the complex to 127,896. SurModics is the property owner and manages their facilities themselves. SurModics currently has 136 employees. They anticipate having 235 total employees on site five years after the expansion. There are 160 parking spaces on site and 105 are proposed to be constructed along with the new building, bringing the total parking stalls to 265. II)OBJECTIVE OF TRANSPORTATION DEMAND MANAGEMENT PROGRAM The objective of the Transportation Demand Management (TDM) Program is to assist in the reduction of traffic congestion during the peak travel hours. The TDM Plan, prepared with assistance from 494 Commuter Services, identifies actions to be taken by the Employee Transportation Coordinator and SurModics (or any future tenants). It includes strategies to manage travel demand and minimize peak period site-generated traffic. The regional Transit 2020 Master Plan (Metropolitan Council, Feb. 2000) seeks to capture 10% of the travel-demand growth in the region over the next twenty years by doubling the capacity of the transit system. Since a doubling of the transit system will still leave large gaps in suburb-to-suburb service, carpooling and vanpooling are important travel demand management strategies for suburban work locations. The goal of this Transportation Demand Management Plan is for 10% of daily commuters to use an alternative to driving alone -- such as bus, carpool, vanpool, bicycle, walking or telecommuting -- within two years of occupancy of the building. III)TRANSPORTATION DEMAND MANAGEMENT PROGRAM The purpose of this section is to provide a description of the SurModics TDM Plan and related programs to support the use of alternative methods of transportation other than a single occupancy vehicle. The implementation of the following actions is the responsibility of SurModics or any other future tenant of this property. Designate an Employee Transportation Coordinator SurModics will designate an employee to act as the Employee Transportation Coordinator .That employee will maintain and monitor TDM activities as well as serve as liaison to the 1-494 Corridor Commission, Metro Commuter Services and Metro Transit /SW Metro Transit. The Employee Transportation Coordinator will serve as the conduit for providing up -to-date information on alternative commute programs and incentives to all building occupants. Communications and Education: Communication strategies may include an intranet site, newsletters, commuter bulletin board ,and on-site commuter fairs and discussions (e.g. highway construction updates). The Employee Transportation Coordinator will: •Make available information on various bus incentive programs (e.g MetroPass, Transitworks! and Commuter Check program )as well as vanpool incentives (e.g Van-GO program). •Set up and maintain a display of commuter information at the entrance of the building. This information, which will be supplied by Southwest Metro Transit, Metro Transit and 494 Commuter Services, will include transit schedules, rideshare applications ,bike information, Guaranteed Ride Home Program brochures ,etc. To maintain an awareness of alternative modes of transportation, information can be distributed through e -mail, flyers ,posters in frequented locations, etc. •Promote alternative modes of transportation through the annual Commuter Challenge event. Participation could include a month -long display or distribution of targeted educational materials concerning alternative modes of transportation. •Hold an annual on-site commuter fair to promote alternative modes of transportation. Food and prizes will be available to encourage attendance. •Provide information and application forms on the Guaranteed Ride Home (GRH) Program to all employees upon occupancy of the new office space .The GRH program is sponsored by Metro Commuter services and is available to all employees who ride the bus, car pool, vanpool, bicycle ,or walk to work at least three days per week. Eligible employees who complete a GRH registration form receive two coupons good for up to six months (renewable every six months), for a bus or taxicab ride home on a regular work day in the event of an emergency or a schedule conflict. •Distribute a commuter newsletter which will include rideshare matching services, the GRH program ,commuter news ,information on discounted bus pass programs such as Transitworks and Metropass and special commuter events. Metro Commuter Services will provide a regular newsletter (e.g. Fast Lane) which can be modified to include details particularly relevant to SurModics. •Provide a link between the SurModics intranet site and the 494 Commuter Services website at www .494corridor.org •Distribute information on Mn /DOT's new real -time traveler information program: 5-1-1 or www .511 mn.org Carpool /Vanpool Incentives Designate 5 parking spaces as preferential parking spaces for car and vanpools. Preferential carpool spaces will be located in the surface parking area in the most desirable location (i.e. the next closest spaces to the building entrance after handicapped and visitor spaces ).Metro Transit Commuter Services will provide signs for designating the carpool /vanpool parking spaces. The Employee Transportation Coordinator will evaluate the use of car/van pool spaces after one year and adjust the number of spaces based on demand. The Employee Transportation Coordinator will also monitor use of the designated carpool /vanpool spaces to insure appropriate use. The Employee Transportation Coordinator will use the funds allotted under the Commuter Fair and Monthly Incentives to provide direct monitary incentives for commuting and alternative transportation .Possible incentives and programs include, but are not limited to: purchase of SouthWest Metro Transit bus passes, subsidized payments for empty car or vanpool seats, gift cards and vouchers earned as "pay not to park"incentives, and participation in the Guaranteed Ride Home program through Metropolitan Council. 494 Commuter Services will assist the Employee Transportation Coordinator with arranging vanpools to locations not currently served by existing bus routes. The Employee Transportation Coordinator will inform commuters of the attractive regional incentives for vanpooling.These incentives include: •Van-GO program, in which the Metropolitan Council contributes 55% of the van lease cost. •Van Driver incentives including use of the van for personal activities up to 250 miles/month, $100 bonus after 6 months and a $100 bonus each year thereafter, and no fare for participating in the vanpool. •Pre-tax payment by employees for vanpool service (this easy to implement strategy will save vanpoolers about 1/3 of the cost). A minimum of six people from the proximate business neighborhood is needed to start a vanpool.When combined these incentives allow commuters to vanpool to work for approximately the cost of an Express Bus Pass. Promote Ridesharing The Employee Transportation Coordinator will distribute rideshare matching applications and Guaranteed Ride Home (GRH) program applications. Regional ride- matching and the GRH program are sponsored by Metro Transit Commuter Services. Promote Transit The Employee Transportation Coordinator will promote transit by providing materials to educate tenants' employees on the location of and schedule for transit service available at the Southwest Station, other connecting transit service, and the location of transit stops closest to their homes. This includes information on transit routes, schedules, park-and-ride lots, dial-a-ride, and various transit passes. Promote Bicycle Commuting The building will provide convenient and safe bicycle storage for ten bicycles. The expansion building will be constructed with shower facilities. A total of 2 showers will be provided (1 for each gender). The shower facilities will be available to all employees. Participation in a Transportation Management Organization The Employee Transportation Coordinator will participate in bi-annual meetings in coordination with the City of Eden Prairie, Southwest Metro Transit, the 1-494 Corridor Commission, MN/DOT, Metropolitan Council, and other large office and commercial property owners in the area to discuss alternatives to improve and expand commuting options. Flex-Time and Telecommuting The Employee Transportation Coordinator will work with management to consider offering flextime schedules or telecommuting, where practical. Commuter Survey /TDM Evaluation Program The Employee Transportation Coordinator, with assistance from 494 Commuter Services, will conduct a statistically valid baseline commuter survey (i.e. before occupancy) at SurModics in order to better understand their commuting habits and needs. A follow-up commuter survey will be conducted two years after completion of the expansion building. A report of the commuter survey results will be completed by 494 Commuter Services one month after surveys are submitted. Using the before and after commuter survey results, SurModics will provide the City of Eden Prairie a report summarizing the effectiveness of the TDM Plan in reaching stated goals. If the TDM goal has not been attained, SurModics will collaborate with 494 Commuter Service to revise the TDM Plan, including possibly increasing the level of subsidies for TDM measures. Proposed Travel Demand Management Budget TDM Plan Item Estimated Cost Start-Up 2009 2010 Total Transportation Assume 7% FTE per Coordinator year @ $70,000/yr $4,900 $4,900 $9,800 (including benefits) Shower facilities $2,500 each $5,000 $5,000 Designated Striping and sign posts CarpoolNanpool for 5 parking spaces $1,000 $1,000 Parking spaces Provision of $1,800 - concrete pad bicycle parking and racks $1,800 $1,800 Promotion of bicycle $500 $500 $1,000 commuting Communication Creation of Marketing $750 $750 $1 500Materialsmaterials, copying, etc., Commuter Fair Food $1,000 $1,000 $2,000 Commuter Fair Prizes & Gift Cards $2,000 $2,000 $4,000 Monthly Gift Cards $1 500 $1 500 $3 000Incentives,,, TDM Plan Evaluation &$1,000 $1,000 $2,000 Surveys Total b year $7,800 $11,650 $11,650 Total Maximum Budge t for TDM $31,100 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 21, 2008 DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.C. Stuart Fox, Parks and Natural Award Bid for New Sidewalk Construction Resources Manager,Project - Linden & Buckingham Drives Parks and Recreation Motion Move to:Award the bid for New Sidewalk Construction to Curb Masters Inc. in the amount of $99,930.00 for the construction of a new 5-foot wide sidewalk along Linden Drive and a portion of Buckingham Dr. Synopsis The City received two quotes for the construction of concrete sidewalk along Linden Drive and a portion of the easterly end of Buckingham Drive. The scope of work is based on installing approximately 2,900 lineal feet of five-foot wide concrete sidewalk. Additionally it includes the installation of seventeen pedestrian ramps, 100 feet of two foot high retaining wall and replacement of one driveway apron. Background The money for doing this sidewalk installation comes from the 2005 Park Bond Referendum. There is approximately $1,000,000 remaining of the original $2,000,000 that was earmarked for trail and sidewalk construction. The summary of the quotes that were submitted is as follows: Curb Masters Inc.$ 99,930.00 Kamida, Inc.$108,564.50 Staff estimate for this project was $99,000. Each of the submitters met the guidelines as detailed in the bid specification and staff recommends the bid be awarded to Curb Masters Inc. Park Maintenance staff will do the boulevard restoration after the contractor is done with their sidewalk installation work. The staff anticipates beginning the project as soon as possible with the completion by November 15, 2008. Attachments Map of north and south sidewalk segments iN^ E"'4AOE 't [El iiii , {,it f '>•^?k,^;3^lS;^'rtEft^(S@N€;E^^t!r!#t;C^1,1t- Yli7t^A,F',4i t`^H^F.fijl7l^")iP+7'k'S3iY'al^firiW^lS^7krtq '"^Vttrt [rN44R .rl'R,'I.r (ih+tGqw(f144k(tklGTNfffEf'kiLk'S`f^fF((F{J^Cr[[^^'F+ttii9Si^NY.I^+,kW.]fi`l1j?3b^.Ci3;"^1H'-^ -^u731^.3r ^F2fKN [, ^.4L^E R.Pt _=9'-Fi albF^ri'•".r^••^ii:it a A a 1._,..#qi ii ^r r.,x.ln,^y ^I 3 m k a^Er^^?w r^a>ri..Narr m'3A3 >r.,7.3'7ui;!pijl^6rviik ,^; ,E?i .ra>t ftn i4luatE^1 r :.Sm?ar ase,riaEOai ml r, a ^1^, trt, 1F^4 t F^^^ t ^iHn mtru^ukr kr sir,i {i..l r .ate 4 it ,hyli,rli+>r^`aUrlrki^cl a,ii 1 n ,,1.¢».: i ti. < li l,dS 1 a a y^'y i^yy ^(i ^r^1301]L^nIP1^]n.+>n1:Pr1:RRF:H 1Htln[M1rV ^w^•^^ trrt:l ^:P. .Y .. < <1^^^r rrr r-.-rrt .^.^,W ^'h^rA^Sh^71F>f4^L y.^;r,nm..,.^u<< r ^ ^ .1" Hennepin Town Rd 0 ,D Z I[rl'n t Ifl R fUlktHnEMUHf<K+wilNn3i1a1t1t1.uh111111Wg7131111111n ' ii 7 t 1 ilk ^33Hi331^3HIIIHAPSi+li11{3J3N{E^.31H ]13.ffrf:flfl] f]l...^T^PT[:r9^^t.^R^HSr11-rl1F^r,`^5V M1t1't ®ItL r lri ..^.5't.I1iIL {.HylpipF ^ }'1ik+,lNk f;+'iHitL9U 4Ylk7.lioyJk^f hUtrykkL^ittrt^^itlbItl kIt 1Ii.!RC4v.Hk U nr tMn rkrhkrkr !rF hhlN t:tt >auUEi 'Fk/1[tttt'.';'EtEtilkRf4lEfEnFEFt ^ En1En nFF<!F`_[nF k4cWy k[ tttrta#EE inden Dr 40 W, .:Sl Irk ^,H tNui U r.L: L. ' Fv r-,:^rr'rr^^,,yy VV ++^^yy y^^^uyy ^^aatt^^ii^^i^i^ k E f p o rt ttt ithm nr e¢; ri+.4Y^.Y.:mtAThalrilfYn7r,^a 3 t^ ..,u,,. n^ .N k I f i3k31 namum Nr "5 e n^1,!# rafl^N »^W^^n nu Hennepin Town Rd rrN tit Wa CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 21, 2008 DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.D. Office of City Manager, Information Technology/Lisa Wu Declare obsolete computer equipment as surplus Requested Action Move to:Declare obsolete computer equipment as surplus and authorize the City Manager to dispose of property to manage end of life computers, monitors and electronics using Asset Recovery Corporation's services and the State of Minnesota as authorized under City Code Section 2.86, Subd. 3. Synopsis The City has a surplus of end of life computer equipment. The computer equipment is of no use and will be recycled for the cost of $0.15 per pound. All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. Attachment List of Surplus Equipment Asset Recovery Device Brand Model SN 17" CRT Monitor Dell M7 2P CN-01K525-L ER 17" CRT Monitor Dell M7 2P CN-01K525-L 2M 17" CRT Monitor Dell E773E CN-OP0151-053D 17" CRT Monitor Dell M7 2P MY-0 G157-BAFM 17" CRT Monitor Dell M7 3 MY-0M9133-BVF3 17" CRT Monitor Dell P733 MY-04D025-DC5M 17" CRT Monitor Dell E770S MY-021VMV-BR5A 17" CRT Monitor NEC 2 OA JC-1571UMA Scanner HP 5470C CN1 71HOP1 Scanner HP 4 70 CN3A A1342 19" Monitor ELO Entuitive 725274119C 19" Monitor ELO Entuitive 7252 349DC Computer Dell Dimension 37S9 31 Computer Dell Dimension 57S9 31 Computer Dell Dimension 7S9 31 Computer Dell Dimension CNG231 Computer Dell Dimension BNG231 Computer Dell Dimension GBNG231 Computer Dell Dimension G7S9 31 17" CRT Monitor Dell E770S MY-DO210V-BQO Computer Dell GX270 934C551 Computer Dell Dimension HM3RT11 Computer Dell GX270 BN2H741 Computer Dell GX270 FN2H741 Computer Dell GX270 4N2H741 Computer Dell Dimension 2 LXM21 Computer Dell Dimension 3VCM11 Computer Dell Dimension 9D X411 Computer Dell Dimension 1Z2511 Computer Dell Dimension F79JY11 Printer Dell M5200 CN-OR0237-0 QJ Computer Dell GX2 0 G N WT11 Computer Dell GX2 0 HV3HY11 Computer Dell GX2 0 JV3HY11 Computer Dell GX2 0 CG N WT11 Computer Dell GX2 0 CV3HY11 Computer Dell GX2 0 141FB31 Computer Dell GX2 0 97PM921 Computer Dell GX2 0 C93HY11 Computer Dell Dimension FMCJ 21 Computer Dell Dimension C S9 31 Computer Dell Dimension 27S9 31 Computer Dell Dimension CNG231 Computer Dell Dimension 1 FG711 Computer Dell Dimension 2YVGH01 Computer Dell Dimension G2UCM11 Computer Dell M7 1P MX-0 EN-AGNP Scanner HP 5470c CN1 RHOBF 17" Monitor Samsung LS19ME M E919N L41 545G Printer PS2 Keyboards Okidata dot matrix 007B2772 75 17" CRT Monitor Dell E770S MY-0201UV-BRN 17" CRT Monitor Dell E770S KR-02010v-AS59 Computer Dell GX270 JSLBL71 HUB Cisco Catalyst 1422309 0 HUB Cisco Catalyst 00 A301E2 0 HUB Intel Express 4293304 07 HUB Intel Express Z00 29575 HUB Intel Express 0429 04 07 HUB Intel Express SFSW9493410 HUB HP J2 OOA 5G547017 9 HUB HP J3200A SGG433249 HUB HP J2 OOA SGG430231 HUB HP J2 OOA SGG44201300 Fax HP T 5i SG05AC32BV Computer Dell Dimension GFF4T21 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 21, 2008 DEPARTMENT:ITEM DESCRIPTION:ITEM NO.: VIII.E. Community Development:Approve Comment Letter on Metropolitan Council Janet Jeremiah 2030 Transportation Policy Plan Requested Action Move to: Authorize the Mayor and City Manager to sign and submit a comment letter on the Metropolitan Council's 2030 Transportation Policy Plan requesting that the Southwest Transitway be given greater priority in the Plan based upon completion of the Southwest Trasitway Alternatives Analysis, high ridership estimates, and consensus of the suburban cities along the proposed transitway. Synopsis The Metropolitan Council has completed a draft 2030 Transportation Policy Plan (TPP) for review and public comment by November 6, 2008. The TPP notes that the Southwest Transitway Alternatives Analysis has been completed and the environmental study process (DEIS) has begun. However, the TPP does not prioritize the Southwest Transitway for implementation ahead of other potential projects that are less advanced in their study processes (for example, Bottineau). Also, the TPP does not indicate the high ridership estimates for the Southwest Transitway or consensus among the suburban cities (and Chambers of Commerce) along the Southwest Transitway in implementing the route that would best serve the southwest population and businesses. Background Information The attached excerpt from the Draft 2030 Transportation Policy Plan includes the proposed Metropolitan Council recommendations for Light Rail Transit (LRT). The proposed comment letter recommends adding text to the LRT recommendations to give greater priority to implementing the Southwest Transitway over other potential projects being studied based upon the completion of the Alternatives Analysis, progress on the DEIS, high ridership estimates, and consensus of the suburban cities along the proposed transitway regarding a preferred alignment. Attachments Excerpt from Draft 2030 Transportation Policy Plan Proposed Comment Letter EXCERPT :Metropolitan Council Draft 2030 Transportation Policy Plan: Light-Rail Transit and Dedicated Busway Recommendations Currently the Twin Cities has one operational light rail line, Hiawatha LRT, which runs from downtown Minneapolis to the Minneapolis-St. Paul International Airport to the Mall of America. Because ridership on Hiawatha LRT has significantly exceeded projections, it is necessary to expand Hiawatha's capacity from two car trains to three car trains. This will require capital investments between 2008 and 2020. The Central Corridor is the primary east-west transportation route between downtown Minneapolis, the University of Minnesota and downtown St. Paul. The Alternatives Analysis/Draft Environmental Impact Statement (DEIS) was finalized in April 2006 and LRT was selected as the locally preferred alternative. The project has proceeded to preliminary engineering and is working to secure funding to proceed into construction. Construction is projected to begin in 2010 and the projected opening date is 2014. The Council's 2030 Transit Master Study showed two other corridors with potential for light rail or a dedicated busway. The Southwest Transitway extends between Eden Prairie and Minneapolis, including the cities of Minnetonka, Hopkins, and Saint Louis Park. An alternatives analysis has been completed for this corridor and an environmental impact statement begun in 2008. Bottineau Corridor runs from Minneapo- lis along Highway 81 to either Maple Grove or Brooklyn Park. Work has begun on an alternatives analysis for this corridor. In additional to Central Corridor, one other light rail or dedicated busway should be implemented by 2020 and work begun on another. Although many factors determine the viability and timing of implementation, this plan anticipates two additional light-rail or dedicated busway lines will open between 2020 and 2030, including the one started before 2020. Currently five corridors are recommended for study for their appropriate mode and alignment. Studies of these corridors should include many potential transitway modes including commuter rail, light rail, dedicated busway, BRT, or express bus with transit advantages. The Midtown Corridor shows promise as a transitway connecting Hiawatha LRT and Southwest Transitway. However, it is not yet clear which Southwest alignment will be selected. This corridor should be examined after Southwest Transitway is completed to see if a connection between Hiawatha and Southwest is warranted. Peter Bell, Chair Metropolitan Council Roberts Street St. Paul, MN Mary Hill Smith, Transportation Committee Chair Metropolitan Council Roberts Street St. Paul, MN RE: Draft 2030 Transportation Policy Plan October 21, 2008 Chair Bell and Councilmember Hill Smith: On behalf of the City of Eden Prairie, we would like to thank you for the opportunity to review and comment on the Draft 2030 Transportation Policy Plan (TPP). We share a common interest in the continued viability and improvement of the region's transportation system and support the efforts of the Metropolitan Council to provide a framework for implementing future transportation improvements. After reviewing the recommendations for Light Rail Transit (LRT) and Busways (see attached excerpt), we respectfully offer the following comments for consideration by the Metropolitan Council: •The 2030 TPP LRT recommendations note that the Southwest Transitway Alternatives Analysis has been completed and the environmental study (DEIS) is underway.We request that the recommendations also indicate that the Southwest Transitway Alternatives Analysis estimates very high ridership (approximately 28,000) for SW Transitway LRT, particularly the "3 Alternative, which serves the higher density residential and business areas of the southwest suburban communities. •The 2030 TPP LRT recommendations do not prioritize transitway projects that are not currently under construction.We request that the TPP include a recommendation that the Southwest Transitway be given priority as the next transitway project for implementation after the Central Corridor project based upon the following findings: 3 The Southwest Transitway is more advanced in its study process than any other LRT proposal; 3 The Southwest Transitway has very high projected ridership; and 3 The Southwest Transitway has received consensus support from the directly impacted suburban communities regarding a preferred alignment that best serves the higher density residential areas and businesses of the communities. Again, we commend the work the Metropolitan Council is doing to ensure the continued viability of the region, and we appreciate this opportunity to comment on the Draft 2030 Transportation Policy Plan. Sincerely, Phil Young, Mayor Scott Neal, City Manager CITY COUNCIL AGENDA DATE: SECTION:Public Hearing October 21, 2008 DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: IX.A. Jim Richardson Special Assessment Hearing for the Public Works / Engineering Approval of the 2008 Special Assessments Requested Action Move to: •Close the public hearing for the approval of the 2008 Special Assessments; and •Adopt the resolution approving all Special Assessments presented in the fall of 2008 Synopsis Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental assessments for such things as trunk utility assessments and lateral utility assessments. Background Information See Exhibit A for the list of projects that the Council will be asked to approve for levying Special Assessments for collection with property taxes. The total amount proposed to be assessed in 2008 is $2,460,400.49. Attachments •Resolution •Exhibit A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections in the proposed assessments for the following improvements to wit: (See Exhibit A attached) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie: 1.Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2.Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid on or before November 30, 2008.To the first installment shall be added interest on the entire assessment from November 1, 2008 until December 31, 2009.To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3.The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2009. 4.It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments ,on notice and hearings as provided for the assessments being made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. ADOPTED by the Eden Prairie City Council on the 21st day of October, 2008. Phil Young, Mayor ATTEST:SEAL Kathleen Porta ,City Clerk EXHIBIT A 1.I.C. 07-5708 Flying Cloud Drive Improvements Project Cost: City Share: Net Assessment: $2,330 ,000.00 $0.00 $2,330,000.00 Parcel PID #Property Owner Years /%Amount 01-116-22-34-0020 Liberty Property Limited Partnership 15 Years at 6.25%2,330,000.00 Supplementals Trunk Sewer and Water Parcel PID #Years /%Amount The Enclave at Old Shady Oak 02-116-22-11-0002, 0023, 0024, 0025, 0026, 0027 5 Years / 6.25%110,489.00 Enterprise Rent A Car 08-116-22-44-0036 5 Years / 6.25%1,502.40 SurModics, Inc 12-116-22-42-0011 5 Years / 6.25%6,635.60 Red Rock Interceptor / Reeb 20-116-22-44-0022 5 Years / 6.25%520.00 Lateral Utilities IC 05 -5642 Hillto p Rd Auseth 20-116-22-44-0056 19 Years / 6.25%9,091.49 Tree Contracted Removal Kirtland 10-116-22-22-0084 1 Years / 6.25%1,023.50 Tall Grass /Weed Contract Cuttin g Rabe 04-116-22-22-0036 1 Years / 6.25%69.00 Lind Homes, Inc 04-116-22-33-0011 1 Years / 6.25%69.00 Payne 05-116-22-24-0036 1 Years / 6.25%69.00 Latterell Builders , Inc 05-116-22-32-0080 1 Years / 6.25%69.00 Buller 08-116 -22-32-0002 1 Years / 6.25%69.00 Wells Federal Bank FSB 20-116-22-33-0101, 0102 1 Years / 6.25%207.00 McDevitt Homes, Inc 20-116-22-33-0103, 0104, 0105 1 Years / 6.25%276.00 Nguyen 25-116-22-13-0042 1 Years / 6.25%69.00 Aufderhar 29-116-22-22-0018 1 Years / 6.25%69.00 Ukani 29-116-22-23-0043 1 Years / 6.25%69.00 Duong 35-116-22-14-0022 1 Years / 6.25%103.50 CITY COUNCIL AGENDA DATE: October 21, 2008 SECTION: Public Hearings DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: IX.B. Community MenardsDevelopment/Planning Janet Jeremiah/Regina Herron Requested Action Move to: •Close the Public Hearing; and •Adopt the Resolution for Planned Unit Development Concept Review on 15.72 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 Zoning District on 15.72 acres; and •Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The site plan shows construction of a new 2 story Menards retail building of 210,943 square feet and construction of a new warehouse building of 42,352 square feet. The exterior of the existing 23,760 square foot strip retail building will be remodeled. The existing Menards retail building and warehouse buildings will be removed. The site is located in Subarea 1 of The Major Center Area Study. Subarea 1 is located north of Highway 5, west of 1-494 and south of Valley View Drive. The current uses within Subarea 1 include retail with no forecasted significant increases in density or intensity.The MCA land use plan shows this site for Big Box Retail. The proposed use is an appropriate use for Subarea 1. Background Information At the October 7, 2008 City Council meeting Menard Inc. requested a continuance in order to work on plan revisions. Plans are revised according the recommendations of staff report and the Planning Commission. The 120-Day Review Period Expires on December 12, 2008. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the September 8, 2008 meeting. Attachments 1.Resolutions 2.Staff Report 3.Location Map 4.Land Use Map 5.Zoning Map 6.Planning Commission Minutes MENARDS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF MENARDS FOR MENARD, INC. WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on September 8, 2008, on Menards by Menard Inc. and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on October 21, 2008. NOW, THEREFORE ,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota,as follows: 1.Menards, being in Hennepin County,Minnesota, legally described as outlined in Exhibit A,is attached hereto and made a part hereof. 2.That the City Council does grant PUD Concept approval as outlined in the plans stamp dated October 14, 2008. 3.That the PUD Concept meets the recommendations of the Planning Commission September 8, 2008. ADOPTED by the City Council of the City of Eden Prairie this 21st day of October, 2008. Phil Young, Mayor ATTEST: Kathleen A .Porta,City Clerk EXHIBIT A PUD Concept- Menards Legal Description: Lot 1 ,Block 1 Menard 7 tn Addition STAFF REPORT TO:Planning Commission FROM:Regina Herron, Planner II DATE:September 5, 2008 PROJECT:Menards LOCATION:12600 Plaza Drive OWNER/ APPLICANT:Menard Inc. 120 DAY REVIEW: Expires December 12, 2008 REQUEST:1.Planned Unit Development Concept Review on 15.72 acres 2.Planned Unit Development District Review on 15.72 acres 3.Zoning District Amendment within the Commercial Regional Service Zoning District on 15.72 acres 4.Site Plan Review on 15.72 acres Staff Report -Menards September 5, 2008 Page 2 BACKGROUND The Comprehensive Guide Plan shows the 15.72 acre property for Regional Commercial land use. Surrounding land uses consist of Regional Commercial. The property is zoned Regional Service Commercial. MAJOR CENTER AREA STUDY The site is located in Subarea 1 of The Major Center Area Study. Subarea 1 is located north of Highway 5, west of 1-494 and south of Valley View Drive. The current uses within Subarea 1 include retail with no forecasted significant increases in density or intensity.The MCA land use plan shows this site for Big Box Retail. The proposed use is an appropriate use for Subarea 1. PROPOSED PLAN The plan includes: •Remove the main building. •Remove the warehouse buildings. •Keep the strip retail building (23,760 sf.) •Construct a 2 story building of 210,943 sf. •Construct a new warehouse building of 42,352 sf. PLANNED UNIT DEVELOPMENT The following waivers are requested through the Planned Unit Development: 1.A floor area ratio of 0 .401.City code permits up to a 0 .40 floor area ratio in the Commercial Regional Service zoning district .A.40 floor area ratio is a 273,905 square foot building. The proposed building is 274,164 square feet. 2.A base area ratio of 0.205 .City code permits up to a 0.20 base area ratio in the Commercial Regional zoning district. A .20 base area ratio is 136,952 square feet. The proposed building first floor is 140,301 square feet. 3.Required parking from 1,372 spaces to 526 spaces. The proof of parking plan shows 995 spaces. If additional parking is needed a deck could be constructed to provide the additional spaces to meet code. The existing building has a variance for less parking. The proposed parking is consistent with the Menards parking standard across the metro. 4.Outside Storage and Display of 44 %of the base area of the building City code permits up to 6 %of the base area of the building. Staff Report -Menards September 5, 2008 Page 3 The City code limits permanent outdoor sales and display to 6% of the building or 14,675 square feet.Menards has a 108,635 square foot outside yard area. The outdoor storage area will be screened with a fence and existing trees. The existing outdoor storage area is 260,000 square feet. The city has previously approved waivers for permanent outdoor display for Bachmans, Frank's Nursery, and Home Depot provide the area is screened from public roads and adjacent differing land uses. No outdoor display area will be allowed in the parking lot or sidewalk area in front of the building. 5.A fence height of 14 feet .City code permits a fence height of up to 6 feet. The taller fence is needed to screen the outside storage and display of product. 6.Architecture. Three sides of the retail building meet the 75% face brick, natural stone, or glass requirement. The rear elevation is 72% face brick and glass and 28% other material. The plans should be revised to meet the city code. The proposed warehouse building has brick on one side. The plan should be revised to meet code. SETBACKS The plan meets the required setbacks. LANDSCAPING AND TREE REPLACEMENT There are no significant trees on the property. The landscaping requirement is 857 inches caliper inches based on the building size. The plan shows 659 caliper inches. The additional required inches can be achieved by increasing the size of the proposed trees. GRADING AND DRAINAGE Stormwater will be directed towards an onsite NURP pond on the northwest corner of the property. Two underground infiltration structures are also proposed. SITE VISION AND ACCESS Grading and landscaping changes are needed along Plaza Drive to provide appropriate site lines at the driveway entrances. Staff is currently working with the developer to determine the scope of the proposed modifications. The access points along the south side of the property should line up with the parking aisles. If necessary the existing driveways should be relocated. ARCHITECTURE Menards retail building:The proposed Menards retail building meets the exterior building material standards of at least 75% face brick, natural stone, and glass on three elevations. The Staff Report -Menards September 5, 2008 Page 4 rear elevation is at 72% face brick and glass and 28% other material. The plans should be revised to meet the city code. Staff recommends additional decorative landscape planter boxes or bowls with annuals, a sitting area using Menards materials, and a water feature on the left side of the main entrance. The addition of these features will give visual interest to the front of the building and help break up the "Big Box feel. The proposed Menards retail building is 34 feet tall at the roof deck meeting code. Parapet walls will screen the rooftop mechanical equipment. Menards warehouse building: In commercial zoning districts accessory structures are required to meet the 75% face brick, natural stone, and glass architectural requirement. Brick is proposed on one side of the accessory building. The plans should be revised to meet code. In addition the white roof should be change to green to match the green metal panel on the other buildings. Retail strip center:A fa ade remodel is shown for the existing retail strip center to match the proposed Menards store. An EIFS canopy will replace the existing mansard roof. SIDEWALK IN FRONT OF THE MAIN BUILDING The sidewalk in front of the main building should be revised to include pavers and plant materials. This will add some visual interest to the front of the building. This approach would be similar to the plan in front of Costco (see attachment.) SIGNS The proposed wall signs meet code requirements. SITE LIGHTING Parking lot lighting is downcast-cutoff fixtures on 30-foot poles. Decorative fence lighting is proposed near the garden center entrance. SUMMARY One of the purposes of a planned unit development as defined by city code is to provide for greater flexibility and creativity in environmental design than provided under the strict application of zoning and subdivision regulations. The Commission should consider the following questions. 1.Does the approach to building architecture and site design, as presented, a better plan than if no waivers are granted? 2.Is there sufficient creativity in the building design, construction details and materials? 3.Is there adequate parking for the proposed use? Staff Report -Menards September 5, 2008 Page 5 The proposed plan results in several improvements to the property. A storm water pond and underground infiltration treats stormwater. Currently there is no storm water treatment. Site vision distance can be improved with modification to berm heights and plantings. The proposed design of the building is better than the existing condition. STAFF RECOMMENDATIONS Recommend approval of the following request: 1.Planned Unit Development Concept Review on 15.72 acres 2.Planned Unit Development District Review on 15.72 acres 3.Zoning District Amendment within the Commercial Regional Service Zoning District on 15.72 acres 4.Site Plan Review on 15.72 acres This is based on plans stamp dated August 14, 2008, and the following conditions: 1.Prior to City Council Review, the proponent shall: A. B. C. D. E. Revise plans to meet the 75% face brick, natural stone, and glass exterior building requirement on all elevations of the warehouse building and the rear elevation of the Menards retail building. Revise warehouse roof color to match the retail building roof color. The sidewalk in front of the main building should be revised to include pavers and plant materials Revise berm heights and landscaping to meet site vision distance requirements. Revise plans to line up access points along the south side of the property with the parking aisles. 2.Prior to grading permit issuance, the proponent shall: A. B. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District Notify the City and Watershed District 48 hours in advance of grading. Install erosion control at the grading limits. 3.Prior to building permit issuance for the property, the proponent shall: A. B. C. Provide a landscaping surety equivalent to 150% of the cost of the landscaping plan for 857 caliper inches. Review the plans with the Fire Marshal Provide a Cross-Access Easement for review. 4.The following waivers are granted through the PUD for the project: Staff Report -Menards September 5, 2008 Page 6 A.A floor area ratio of 0.401. City code permits up to a 0.40 floor area ratio in the Commercial Regional Service zoning district. B.A base area ratio of 0.205. City code permits up to a 0.20 base area ratio in the Commercial Regional zoning district. C.Required parking from 1,372 spaces to 526 spaces. D.A fence height of 14 feet. City code permits a fence height of up to 6 feet. E.Outside Storage and Display of 44% of the base area of the building. City code permits up to 6% of the base area of the building. Area Location Map - Menards Address:12600 Plaza Drive ,Eden Prairie, MN Valley View Rd Prairie Center Dr U Plaza Dr HWY5 No ale Legend Low Density Residential 0-2.5 Units/Acre Neighborhood Commercial Low Density/Public/Open Space community commercial Medium Density residential 2 .5-10 Units/Acre =Regional Commercial = Medium Density Residential/Office High Density Residential 10-40 Units/Acre Office Office/industrial Office/PublidOpen Space Industrial Park/Open Space Public/Quasi -Public Golf Course Church/Cemetery Open water Right-Of-Way Guide Plan Map Menards 12600 Plaza Drive Eden Prairie; M N N o Scale EDEN PRAIRIE Legend Rural Regional Commercial Rl44 One Family- 44,000 sf.min.TC-C R1-22 One Family-22,000 sf min.TC-R R1-13.5 One Family-13,500 of min .TC-MU R1-9.5 One Family-9,500 sf min .Industrial Park - 2 Acm Min, RM-6.5 Multi-Family-6.7 U.P.A max.Industrial Park - 5Acre Min. RM-2.5 Multi-Family-17.4 U.P.A max.General Industrial -5Acre Min. ORce Public Neighborhood Commercial Golf Course Community Commercial Water Highway Commercial Right of Way Regional Service Commercial Zoning Map Menards 12600 Plaza Drive Eden Prairie; M N N o Scale EDEN PRAIRIE APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,SEPTEMBER 8, 2008 COMMISSION MEMBERS: STAFF MEMBERS: 7:00 P .M., CITY CENTER Council Chambers 8080 Mitchell Road John Cadman ,John Kirk,Katie Lechelt, Jerry Pitzrick ,Peter Rocheford,Kevin Schultz, Fred Seymour, Ray Stoelting, Jon Stoltz Stu Fox ,Manager of Parks and Natural Resources Michael Franzen ,City Planner Scott Kipp ,Senior Planner Regina Herron ,Planner II Alan Gray ,Director of Public Works Julie Krull, Recording Secretary 1.PLEDGE OF ALLEGIANCE - ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Cadman and Rocheford. II.APPROVAL OF AGENDA MOTION by Kirk, seconded by Lechelt, to approve the agenda .Motion carried 7-0. VI.PUBLIC HEARINGS MENARDS Request for: Planned Unit Development Concept Review on 15.72 acres; Planned Unit Development District Review on 15.72 acres; Zoning District Change Amendment within the Commercial Regional Service Zoning District on 15.72 acres; and Site Plan Review on 15.72 acres. Scott Nuttelman, representing Menards, presented the proposal. He stated they are planning on redeveloping the existing Menards located in Eden Prairie. They would like to tear down the existing building and rebuild a two story building. They are proposing a vast improvement to the area and would like to start the project next year.Mr. Nuttelman said they are happy to comply with the City's requests on page 5 of the staff report. Stoltz asked Herron to review the staff report. Herron said the Staff recommends approval based on page 5 and 6 of the staff report. Stoltz asked Herron to discuss the architectural requirements. Herron said when the project initially came in to the City it did not comply with requirements. The City is currently working with the project proponent to meet the specifications and the project proponent is working to comply with all of the specifications. Stoltz opened the meeting up for public input. There was no input. Stoelting asked the project proponent to address the site lines of the project and also asked when the changes would be completed. Mr. Nuttelman said part of the remodel is to take out the parking lot and rebuild it and to also adjust the drive aisles.He stated the problem site lines south of the property by the blind curve would have to be fixed. He stated there are two different site distances; the stop distance and the intersection site design. They would like to take down the berms and trim the larger trees to make it an intersection site design.Mr. Nuttelman utilized the overhead projector to show the berm on the south side of the project. Stoelting asked Gray if he was happy with this visibility solution .Gray said he was satisfied with their solution. Stoelting stated the new entrance of the yard would be on the opposite side of the building and asked if the project proponent could address the issue of the stacking of the cars into the yard.Mr. Nuttelman stated they relocated the new entrance to the other side because they wanted to keep the garden center on one side and the yard on the other side. In regards to stacking, this would be a better location because there should be no more additional traffic to deal with other than traffic into the yard. Kirk stated previously the Commission had an issue with a project regarding approving the fence height. He asked Herron if Staff was comfortable with the 14 foot fence for this project.Herron said Staff was comfortable with this because it screens the materials that are in the yard. Kirk asked Herron why they are decreasing their parking spaces. Herron said the existing building does have a parking waiver and stated even though it is commercial, a majority of the space is used for warehousing. Pitzrick said the 14 foot high fence is pretty significant and asked if there would be any detailing across the top of it so it did not appear to be just a fence.Mr. Nuttelman said they were going to add pilaster along the fence line and also additional landscaping to the area. He stated they are also going to put up a rod iron fence around the garden area. Pitzrick asked if there would be a connecting component between the pilasters at the top of the fence.Mr. Nuttelman stated there is a green steel roof that will run along the fence line. Pitzrick asked if this was going to be a complete tear down project.Mr. Nuttelman confirmed it would be a complete tear down project, anticipating it would start right after July 4th of next year. Stoltz asked Mr. Nuttelman how long this project would take. Mr. Nuttelman stated he was not exactly sure, but possibly 6 months or more. Stoltz asked Mr. Nuttelman to show the architectural design of the building.Mr. Nuttelman utilized the overhead projector to point out the elevation of the building and the percent of exterior building materials being used. He also stated they will be using arches to replicate the windows on the sides of the building. Stoltz asked Mr. Nuttelman to go over the elevation of the front of the building. Mr. Nuttelman utilized the overhead projector to show the front elevation of the entrance to the store, along with the exit area and the garden center. Stoelting asked if there was a water feature in this plan.Mr. Nuttelman said they are working with Staff on the landscaping of the area. Seymour said in the front ,by the garden center entrance ,there are 15-16 parking spaces and asked if those could be taken out of the area.Mr. Nuttelman said they put those spaces in as more of a convenience to customers .They use it for loading and unloading ,such as propane tanks .But he said they could certainly take those out of the area .He also pointed out there would only be 8-10 spots versus 15-16 as Seymour was referring to. Stoltz asked if there were any questions in regard to infiltration and NURP ponds. Lechelt asked the project proponent why they have not decided to do all infiltration versus infiltration and NURP ponds. Shawn Bohan, engineer for Menards, addressed this question, and said they are not utilizing infiltration in the back area because it is a very compacted area .There will be a storm water sewer that will go through the back of the store and water will be discharged in the NURP pond. They will just be utilizing infiltration in the front area .Gray said the City is comfortable with this plan. MOTION by Stoelting, seconded by Lechelt, to close the public hearing. Motion carried 7-0. MOTION by Stoelting, seconded by Lechelt, to recommend approval of the Planned Unit Development Concept Review on 15.72 acres; Planned Unit Development District Review on 15.72 acres; Zoning District Change Amendment within the Commercial Regional Service Zoning District on 15.72 acres ; and Site Plan Review on 15.72 acres on plans stamped dated August 14, 2008, and the staff report dated September 5, 2008.Motion carried 7-0. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims October 21, 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 179513 -179941 Wire Transfers 3176- 3182 City of Eden Prairie Council Check Summary 10/21/2008 Division Amount General 153,333 100 City Manager 1,225 101 Legislative 247 110 City Clerk 2,467 111 Customer Service 3,055 112 Human Resources 25 113 Communications 2,796 114 Benefits & Training 8,033 116 Facilities 25,221 117 City Center 98,303 119 Cmty Center - Facilities 28,666 130 Assessing 688 132 Housing and Community Services 6,293 133 Planning 193 135 Information Technology 52 136 Public Safety Communications 2,975 137 Economic Development 550 150 Park Administration 650 151 Park Maintenance 14,613 153 Organized Athletics 8,319 154 Community Center 8,980 156 Youth Programs 622 157 Special Events 107 158 Adult Recreation 1,517 162 Arts 1,211 163 Outdoor Center 1,725 168 Arts Center 2,982 180 Police 5,917 183 Emergency Preparedness 61 184 Fire 15,965 200 Engineering 1,063 201 Street Maintenance 13,110 301 CDBG 283,158 303 Cemetary Operation 198 308 E-911 124,294 314 Liquor Compliance 300 315 Economic Development 1,676 316 WAFTA 84 502 Park Development 10,010 503 Utility Improvement 14,232 509 CIP Fund 236,714 512 CIP Trails 9,997 513 CIP Pavement Management 12,682 519 Community Center Expansion 279,803 520 Parks Referendum 3,315 521 Trails Referendum 16,412 524 Sprint / Nextel 1,723 601 Prairie Village Liquor 104,605 602 Den Road Liquor 161,380 603 Prairie View Liquor 84,737 605 Den Road Building 15,048 701 Water Fund 59,351 702 Sewer Fund 8,437 703 Storm Drainage Fund 9,682 802 494 Commuter Services 16,804 803 Escrow Fund 638 804 100 Year History 355 806 SAC Agency Fund 16,425 807 Benefits Fund 316,968 812 Fleet Internal Service 26,435 813 IT Internal Service 9,681 Report Totals 2,236,106 City of Eden Prairie Council Check Register 10/21/2008 Check #Amount Vendor /Explanation Account Description Business Unit 3176 1,162 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 3177 12,945 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 3178 17,037 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 3179 123,912 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 3180 75 US BANK TRUST HRA Health and Benefits 3181 30 ,059 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 3182 158 ,400 WELLS FARGO MINNESOTA N A SS & Medicare Health and Benefits 179513 520 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 179514 778 AL'S COFFEE Merchandise for Resale Concessions 179515 135 AMERIPRIDE LINEN & APPAREL SER Operating Supplies Prairie View Liquor Store 179516 3,175 AMSAN LLC Operating Supplies Community Center Maintenance 179517 1,090 ANCHOR PAPER COMPANY Office Supplies Police 179518 85 ANDERSON, RUSSELL Lessons &Classes Fitness Classes 179519 80 ANSAR, ONAIZA Facility Rentals Community Center Admin 179520 232 AQUA ENGINEERING INC Other Contracted Services Park Maintenance 179521 368 AUGDAHL, KRIS Operating Supplies Arts Initiative 179522 42 B & V VENDING INC Merchandise for Resale Concessions 179523 783 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 179524 2,922 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 179526 11,455 BELLBOY CORPORATION Transportation Prairie View Liquor Store 179527 304 BERTELSON TOTAL OFFICE SOLUTIO Operating Supplies Utility Operations - General 179528 67 BIFFS INC Operating Supplies Police 179529 221 BLOOMINGTON SECURITY SOLUTIONS Building Repair &Maint.Water Wells 179530 40 BOYER TRUCKS Equipment Parts Fleet Operating 179531 8 BRADY, BENJAMIN Sales Tax Payable General Fund 179532 100 BRAGG, ANNALISA Instructor Service Outdoor Center 179533 4,044 BRAUN INTERTEC CORPORATION Land Improvement Projects 2006 179534 2,625 BWR CONSULTING LLC Other Contracted Services Organizational Services 179535 375 CARTEGRAPH SYSTEMS INC Software Fleet Operating 179536 84 CARVER COUNTY TREASURER Licenses & Taxes WAFTA 179537 298 CAWLEY COMPANY, THE Operating Supplies Ice Arena 179538 1,641 CEMSTONE PRODUCTS COMPANY Repair & Maint .Supplies Storm Drainage 179539 279 CLAREYS INC Operating Supplies Utility Operations - General 179540 24 COMCAST Dues &Subscriptions City Council 179541 240 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 179542 268 CORPORATE EXPRESS Office Supplies General 179543 91 COSTCO Operating Supplies Fire 179544 357 CRACAUER, CLIFF Mileage & Parking Fleet Operating 179545 6 CREED, TOYA Program Fee Preschool Events 179546 92 CRIPE, JACQUELYN V Other Contracted Services Volleyball 179548 21,869 DAY DISTRIBUTING Beer Prairie View Liquor Store 179549 189 DECAPPER Misc Taxable Den Road Liquor Store 179550 1,735 DNR Awards Softball 179552 6,995 EAGLE WINE COMPANY Transportation Prairie View Liquor Store 179553 1,271 ECOLAB INC Contract Svcs - Pest Control Fire Station #4 179554 100 EDEN PRAIRIE COMMUNITY CENTER Petty Cash & Change Funds General Fund 179555 95 EGAN OIL COMPANY Lubricants & Additives Fleet Operating 179556 494 EPIC PRODUCTS Misc Taxable Den Road Liquor Store 179557 724 ESS BROTHERS & SONS INC Repair & Maint .Supplies Infiltration/Inflow Study 179558 823 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 179559 635 ETICA FAIR TRADE Wine Imported Den Road Liquor Store 179560 101 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 179561 40 FAGNANT, SUSAN Instructor Service Outdoor Center 179562 106 FEDERAL SIGNAL CORPORATION Equipment Repair & Maint Fleet Operating 179563 337 FLORIDA MICRO LLC Other Hardware IT Operating 179564 10 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 179565 259 FORESTRY SUPPLIERS INC.Operating Supplies Tree Disease 179566 250 FOX LAWSON & ASSOCIATES Other Contracted Services Organizational Services 179567 12 FOX, VERNETTE Program Fee Classes /Programs/Events Check #Amount Vendor /Explanation Account Description Business Unit 179568 211 GARDEN ROOM FRATELLI'S GARDEN Operating Supplies Prairie Village Liquor Store 179569 491 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 179570 2,547 GRAINGER Cleaning Supplies Utility Operations -General 179571 50 GRAND VIEW LODGE Conference Expense Ice Arena Maintenance 179572 2,026 GRAPE BEGINNINGS Transportation Den Road Liquor Store 179573 88 GRAPHIC SOURCE INC Printing International Festival 179574 10,651 GRAYMONT Treatment Chemicals Water Treatment Plant 179575 321 GREATAMERICA LEASING CORP.Postage General 179578 22,207 GRIGGS COOPER & CO Transportation Prairie View Liquor Store 179579 14,372 HANSEN THORP PELLINEN OLSON Other Contracted Services Willow Park 179580 332 HD SUPPLY WATERWORKS LTD Repair & Maint .Supplies Water Metering 179581 215 HENNEPIN COUNTY TREASURER Licenses & Taxes Water System Maintenance 179582 1,176 HENNEPIN COUNTY TREASURER Board of Prisoner Police 179583 95,698 HENNEPIN COUNTY TREASURER-TAX?Licenses & Taxes Den Road Building 179584 185 HENNEPIN TECHNICAL COLLEGE Conference Expense Fire 179585 1,078 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 179586 2,017 HOHENSTEINS INC Beer Prairie View Liquor Store 179587 2,134 HYDROLOGIC WATER MANAGEMENT Equipment Repair & Maint Fleet Operating 179588 64,654 I-STATE TRUCK CENTER Autos Public Works - Fixed Asset 179589 44 ICI DULUX PAINT CTRS Repair & Maint .Supplies Water Treatment Plant 179590 1,586 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 179591 1,925 ITRON INC.Maintenance Contracts Water Metering 179592 116 JANEX INC Cleaning Supplies Senior Center 179593 506 JENKINS, JOEL S Other Contracted Services Softball 179594 21,048 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie View Liquor Store 179595 12 JOHANNES, JANE Program Fee Trips 179601 68,862 JOHNSON BROTHERS LIQUOR CO Liq Inventory Credits Prairie View Liquor Store 179602 125 JUNTTI, VICKI Facility Rentals Community Center Admin 179603 242 KAPAUN, RYAN Tuition Reimbursement/School Police 179604 147 KEEPERS Clothing & Uniforms Reserves 179605 193 KIPP, SCOTT Mileage & Parking Planning 179606 9,792 KLEVE HTG & AC Other Contracted Services Rehab 179607 65 KOCOUREK, JOAN Clothing & Uniforms Police 179608 267 LAB SAFETY SUPPLY INC Safety Supplies Utility Operations -General 179609 290 LAMETTRYS COLLISION Equipment Repair & Maint Fleet Operating 179610 1,930 LAVAN FLOOR COVERING Supplies - General Bldg Community Center Maintenance 179611 550 LAW BULLETIN PUBLISHING CO Other Contracted Services Technology Task Force 179612 253 LONESKY, JAMES G Other Contracted Services Softball 179613 429 LYNCH, MIKE Instructor Service Camps 179614 467 M. AMUNDSON LLP Misc Non-Taxable Prairie View Liquor Store 179615 504 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 179617 27,215 MARK VII Beer Prairie View Liquor Store 179618 109 MASS BAR-MATE CORP Transportation Den Road Liquor Store 179619 652 MATTS AUTO SERVICE INC Other Contracted Services Police 179620 313 MENARDS Grounds Maintenance Utility Operations -General 179621 231 METRO FIRE Protective Clothing Fire 179622 200 METRO LEAK DETECTION OCS-Utility Locates Water System Maintenance 179623 129 METROPOLITAN FORD Equipment Parts Fleet Operating 179624 2,523 MIDWEST ASPHALT CORPORATION Repair & Maint .Supplies Storm Drainage 179625 2,254 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store 179626 2,400 MINNESOTA DEPARTMENT OF HEALTH Licenses ,Permits, Taxes Utility Operations -General 179627 397 MINNESOTA HUMAN SERVICES Other Contracted Services Park Maintenance 179628 150 MINNESOTA SWCS Conference Expense Park Maintenance 179630 176 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 179631 554 MORAN USA, LLC Transportation Den Road Liquor Store 179632 300 MORRISON COUNTY SHERIFF'S DEPT Deposits Escrow 179633 390 MRPA Conference Expense Parks Administration 179634 45 MSTMA Conference Expense Park Maintenance 179635 71 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 179636 2,731 NEW FRANCE WINE COMPANY Transportation Prairie View Liquor Store 179637 104 NEWTON, J. RANDALL Mileage & Parking Engineering 179638 357 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 179639 6,084 NORTHSTAR MUDJACKING SPECIALIS Asphalt Overlay Street Maintenance Check #Amount Vendor /Explanation Account Description Business Unit 179640 83 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 179641 1,116 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 179642 380 OUTDOORS AGAIN INC Other Contracted Services Park Maintenance 179643 67 PACIFIC DIRECT Transportation Den Road Liquor Store 179644 4,881 PARK NICOLLET CLINIC Employment Support Test Organizational Services 179645 9 PARKWAY APTS Cash Over/Short General Fund 179646 333 PAT KERNS WINE MERCHANTS Transportation Prairie Village Liquor Store 179648 9 ,660 PAUSTIS & SONS COMPANY Transportation Prairie Village Liquor Store 179649 326 PENSKE TRUCK LEASING CO LP Other Rentals City Clerk 179650 1,122 PEPSI COLA COMPANY Merchandise for Resale Concessions 179654 28,793 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 179655 243 POMP'S TIRE SERVICE INC Tires Fleet Operating 179656 15 POPPITZ CONSTRUCTION Cash Over/Short General Fund 179657 20 PRAIRIE LAWN AND GARDEN Grounds Maintenance Utility Operations -General 179658 2,229 PRIOR WINE COMPANY Transportation Den Road Liquor Store 179659 115 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 179660 602 PROP United Way Withheld General Fund 179661 7,602 PROPERTY RESOURCES CORPORATION Improvement Contracts Improvement Projects 2006 179662 250 QUALITY PROPANE Motor Fuels 3rd Sheet of Ice 179666 27,963 QUALITY WINE & SPIRITS CO Transportation Prairie View Liquor Store 179667 345 QWEST Telephone E-911 Program 179668 171 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 179669 1,248 RAY, LEE Other Contracted Services Softball 179670 783 RELIAKOR SERVICES INC Other Contracted Services Park Maintenance 179671 612 RESOURCE RECOVERY TECHNOLOGIES Landscape Materials/Supp Street Maintenance 179672 277 RICHARDSON, JIM Mileage & Parking Engineering 179673 29 RIDGEVIEW MEDICAL CENTER Employment Support Test Organizational Services 179674 200 ROOT O MATIC Contract Svcs - Plumbing Ice Arena Maintenance 179675 10 SCHMIT, PAM Program Fee Summer Skill Development 179677 1,075 SHAMROCK GROUP, INC - ACE ICE Transportation Prairie View Liquor Store 179678 36,770 SHORT ELLIOTT HENDRICKSON INC Improvement Contracts Improvement Projects 2006 179679 224 SIGNSOURCE Other Contracted Services City Council 179680 111 SNAP-ON TOOLS Small Tools Fleet Operating 179681 125 SOMEWHAT DIXIELAND BAND Operating Supplies Classes/Programs/Events 179682 203 SORENSEN, ED Mileage & Parking Utility Operations -General 179683 216 SPAHN, EDWARD Program Fee Trips 179684 48 SPRINGER, KIP Program Fee Fall Skill Development 179685 2,658 SPRINT Wireless Subscription IT Operating 179686 30 SPS COMPANIES Equipment Parts Water Treatment Plant 179687 3,860 SRF CONSULTING GROUP INC Other Contracted Services Economic Development Fund 179688 104 STODDARD SILENCERS Operating Supplies Utility Operations -General 179689 1 ,845 STRAND MANUFACTURING CO INC Equipment Repair & Maint Water Treatment Plant 179690 245 STREICHERS Tuition Reimbursement/School Police 179691 1,031 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 179692 532 SURLY BREWING CO Beer Prairie Village Liquor Store 179693 55 THOMAS, LEAH Sales Tax Payable General Fund 179695 49,237 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store 179696 231 TRI COUNTY BEVERAGE & SUPPLY Beer Prairie View Liquor Store 179697 608 UNITED WAY United Way Withheld General Fund 179698 28 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 179699 1,303 VINO SOURCE, THE Transportation Den Road Liquor Store 179700 2,459 VINOCOPIA Transportation Prairie View Liquor Store 179701 1,281 VISTAR CORPORATION Merchandise for Resale Concessions 179702 12,048 VTI Capital Under $10,000 Capital Impr. / Maint. Fund 179703 184 VWR INTERNATIONAL INC Laboratory Chemicals Water Treatment Plant 179704 12,630 WALL TRENDS INC Contract Svcs - General Bldg Pool Maintenance 179705 129 WEEDMAN, NICOLE Mileage & Parking Youth Programs Administration 179706 72 WEMYSS, SCOTT Protective Clothing Fire 179707 226,000 WEST HENNEPIN AFFORDABLE HOUSI Other Contracted Services Rehab 179708 296 WESTSIDE EQUIPMENT Equipment Parts Fleet Operating 179709 1,207 WESTWOOD PROFESSIONAL SERVICES Other Contracted Services Storm Drainage 179710 2,206 WINE COMPANY, THE Transportation Den Road Liquor Store 179712 8,280 WINE MERCHANTS INC Liq Inventory Credits Prairie View Liquor Store Check #Amount Vendor /Explanation Account Description Business Unit 179713 161 WINTER, CARA Other Contracted Services Volleyball 179714 1,091 WISCONSIN DEPARTMENT OF REVENU State Taxes Withheld Health and Benefits 179715 305 WITT, BETH Mileage & Parking Aquatics & Fitness Admin 179716 2,360 WORLD CLASS WINES INC Transportation Den Road Liquor Store 179717 61 XCEL ENERGY Electric Emergency Preparedness 179719 19,380 YALE MECHANICAL INC Contract Svcs - Plumbing City Hall - CAM 179720 4 YANG, BIN Open Fees Ice Arena 179721 298 Z WINES USA LLC Transportation Prairie View Liquor Store 179722 324 ZIEGLER INC Other Rentals International Festival 179723 92 ZOELLNER, MARK Other Contracted Services Softball 179724 2,982 CLUTS 0 BRIEN STROTHER ARCHITE Design & Engineering Arts Center 179725 184 COOK, BARB Mileage & Parking Assessing 179726 170 FREY, LYNDELL Travel Expense Parks Administration 179727 270 HAPPY FACES Other Contracted Services Internal Events 179728 436 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 179729 406 HENNEPIN COUNTY TREASURER Operating Supplies Elections 179730 152 HENNEPIN COUNTY TREASURER Postage Elections 179731 13,386 HENNEPIN COUNTY TREASURER-TAXP Licenses, Permits, Taxes Capital Impr. / Maint. Fund 179732 118 HERRELL, NICHOLE AR Utility Water Enterprise Fund 179733 75 MEATH-NELSON, WENDI Other Contracted Services Internal Events 179734 936 MEDICINE LAKE TOURS Program Fee Trips 179735 310 PENSKE TRUCK LEASING CO LP Other Rentals Elections 179736 300 PETTY CASH-POLICE DEPT Miscellaneous Liquor Compliance 179737 111 PROTECTION ONE Other Contracted Services Cummins Grill 179738 34 QUICKSILVER EXPRESS COURIER Postage General 179739 200 RICHARDS, BRIAN Other Contracted Services Internal Events 179740 282,953 RJM CONSTRUCTION INC Improvements to Land Community Center Expansion 179741 149 SHRED-IT Legal Notices Publishing City Clerk 179742 662 SOUTHWEST SUBURBAN PUBLISHING-Legal Notices Publishing City Clerk 179743 770 SRF CONSULTING GROUP INC Improvements to Land Park Acquisition & Development 179744 8 A TO Z RENTAL CENTER Equipment Repair & Maint Park Maintenance 179745 117 AMERIPRIDE LINEN & APPAREL SER Operating Supplies Prairie Village Liquor Store 179746 205 ANCHOR PRINTING COMPANY Office Supplies Police 179747 200 AQUA ENGINEERING INC Repair & Maint .Supplies Park Maintenance 179748 387 ASPEN MILLS Clothing & Uniforms Communications 179749 2,086 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 179750 1,780 BECKER ARENA PRODUCTS INC Repair & Maint -Ice Rink Ice Arena Maintenance 179751 119 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations - General 179752 62 BOYER TRUCKS Equipment Parts Fleet Operating 179753 54 CATCO PARTS SERVICE Equipment Parts Fleet Operating 179754 4,435 CDW GOVERNMENT INC.Equipment Repair & Maint IT Operating 179755 1,923 CEMSTONE PRODUCTS COMPANY Repair & Maint .Supplies Storm Drainage 179756 244 CENTERPOINT ENERGY Gas Crestwood Park 179757 226 CHOICE INC Other Contracted Services Prairie Village Liquor Store 179758 92 CONSTRUCTION MATERIALS INC Repair & Maint .Supplies Storm Drainage 179759 208 CONTROL STUFF INC.Machinery & Equipment Utility Improvement Fund 179760 1,491 CORPORATE EXPRESS Operating Supplies Elections 179761 352 DAY DISTRIBUTING Beer Prairie View Liquor Store 179762 1,755 DECORATIVE DESIGNS INC Grounds Maintenance Utility Operations - General 179763 21,935 DIVERSE BUILDING MAINTENANCE Cleaning Supplies Park Shelters 179764 483 EAGLE WINE COMPANY Transportation Den Road Liquor Store 179765 713 EARL F ANDERSEN INC Operating Supplies Capital Outlay 179766 50 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Parks Administration 179767 1,005 EMERSON NETWORK POWER Software and Hardware IT Operating 179768 636 FIRE SAFETY USA INC Protective Clothing Fire 179769 66 FORESTRY SUPPLIERS INC.Operating Supplies Tree Disease 179770 210 GE CAPITAL Other Rentals General 179771 23 GINA MARIAS INC Operating Supplies Fire 179772 780 GOLDEN VALLEY SUPPLY CO Building Capital Impr . /Maint. Fund 179773 883 GRAINGER Operating Supplies Street Maintenance 179774 7,952 GRAYMONT Treatment Chemicals Water Treatment Plant 179775 1 ,908 GRIGGS COOPER & CO Transportation Den Road Liquor Store 179776 56 HACH COMPANY Laboratory Chemicals Water Treatment Plant Check #Amount Vendor /Explanation Account Description Business Unit 179777 5,604 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Acquisition & Development 179778 1,039 HYDROLOGIC WATER MANAGEMENT Repair & Maint .Supplies Park Maintenance 179779 678 IND SCHOOL DIST 272 Building Rental Community Band 179780 4,980 JJ TAYLOR DISTRIBUTING MINNESO Wine Domestic Den Road Liquor Store 179781 252 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair & Maint Water Treatment Plant 179782 1,836 KEEPERS Clothing & Uniforms Fire 179783 12,386 KENNAMETAL INC Small Tools Fleet Operating 179784 1,000 KORTERRA, INC Instructor Service Utility Operations -General 179785 4,483 LAVAN FLOOR COVERING Building Capital Impr. /Maint. Fund 179786 1,625 LEAGUE OF MINNESOTA CITIES Dues &Subscriptions Storm Drainage 179787 94 MACQUEEN EQUIPMENT INC Equipment Parts Sewer System Maintenance 179788 1,627 MCFARLAND CONSTRUCTION COMPANY Contract Svcs - General Bldg City Hall - CAM 179789 243 METRO FIRE Protective Clothing Fire 179790 1,115 METRO SALES INCORPORATED*Office Supplies Police 179791 536 METROPOLITAN FORD Equipment Parts Fleet Operating 179793 80 MIDWEST PLAYSCAPES Repair & Maint .Supplies Round Lake 179794 623 MINNESOTA PIPE AND EQUIPMENT*Repair & Maint .Supplies Water System Maintenance 179795 238 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals 179796 21 MINNESOTA WANNER COMPANY Repair & Maint .Supplies Park Maintenance 179797 186 MINT CONDITION DETAILING INC Equipment Repair & Maint Fleet Operating 179798 158 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 179799 120 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 179800 160 OFFICE DEPOT CREDIT PLAN Video & Photo Supplies Police 179801 10 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Fleet Operating 179802 556 PARTEK SUPPLY INC Improvement Contracts CIP Trails 179803 1,357 PEPSI COLA COMPANY Merchandise for Resale Concessions 179804 22,121 PINE CITY AUTO MALL Autos Utility Operations - General 179805 953 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Police City Center 179806 5,693 QUALITY FLOW SYSTEMS INC Equipment Repair & Maint Sewer Liftstation 179807 2,907 QWEST Pager & Cell Phone Sewer Utility -General 179808 458 SCHARBER & SONS Equipment Parts Fleet Operating 179809 807 SCHONSTEDT INSTRUMENT COMPANY Small Tools Water System Maintenance 179810 30 SHAFTON INC Fire Prevention Supplies Fire 179811 112 STATE SUPPLY COMPANY Supplies - Plumbing Park Shelters 179812 186 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating 179813 392 STREICHERS Clothing & Uniforms Police 179814 34 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Operating 179815 1,386 TIME INC Printing Communications 179816 5,921 TKDA Improvement Contracts Utility Improvement Fund 179817 596 TWIN CITY SEED CO Chemicals Park Maintenance 179818 289 UNIFORMS UNLIMITED Clothing & Uniforms Animal Control 179819 387 VERIZON WIRELESS Pager & Cell Phone Park Maintenance 179820 294 VIKING ELECTRIC SUPPLY Equipment Parts Sewer Liftstation 179821 1,225 VISTAR CORPORATION Merchandise for Resale Concessions 179822 598 VSAINC Video & Photo Supplies Communications 179823 325 VTI Equipment Repair & Maint Fleet Operating 179824 299 WALSER CHRYSLER JEEP Equipment Repair & Maint Fleet Operating 179825 1,672 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 179826 1,349 WINE COMPANY, THE Transportation Prairie View Liquor Store 179827 8,500 WM MUELLER AND SONS INC Building Materials Park Maintenance 179828 686 WORK CONNECTION, THE Other Contracted Services Park Maintenance 179829 235 XCEL ENERGY Electric Prairie View Park 179830 3,716 YALE MECHANICAL INC Contract Svcs - HVAC Arts Center Facilities 179831 235 TRAUGHBER, KRISTIN Wages No Benefits Elections 179832 392 BACHMAN PRINTING General 494 Corridor Commission 179833 67 COMCAST General 494 Corridor Commission 179834 12 CULLIGAN BOTTLED WATER General 494 Corridor Commission 179835 50 EDEN PRAIRIE CHAMBER OF COMMER General 494 Corridor Commission 179836 775 EXPRESS PERSONNEL SERVICES General 494 Corridor Commission 179837 177 FEDEX KINKO'S OFFICE AND PRINT General 494 Corridor Commission 179838 575 INDEPENDENT SCHOOL DISTRICT NO General 494 Corridor Commission 179839 20 INTERNET EXPOSURE INC General 494 Corridor Commission 179840 349 MADISON, MELISSA General 494 Corridor Commission Check #Amount Vendor /Explanation Account Description Business Unit 179841 254 MEREDITH KATE General 494 Corridor Commission 179842 1,500 MESSERLI & KRAMER General 494 Corridor Commission 179843 8 ,114 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission 179844 20 MINNEAPOLIS REGIONAL CHAMBER 0 General 494 Corridor Commission 179845 91 NELSON, ROBIN General 494 Corridor Commission 179846 229 SOLUTION BUILDERS General 494 Corridor Commission 179847 1,204 TEMPFORCE General 494 Corridor Commission 179848 394 TWINWEST General 494 Corridor Commission 179849 218 VERIZON WIRELESS General 494 Corridor Commission 179850 707 WELLS FARGO BANK General 494 Corridor Commission 179851 1,145 WELLS FARGO BANK General 494 Corridor Commission 179852 510 WELLS FARGO BANK General 494 Corridor Commission 179853 515 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 179854 180 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs /Events 179855 330 ALEX AIR APPARATUS INC Equipment Repair & Maint Fire 179856 30 AMERICAN RED CROSS Licenses, Permits, Fees Pool Lessons 179857 621 ANDERSON, BRYAN E Other Contracted Services Softball 179858 150 BEAL, KATIE Travel Expense Communications 179859 160 BOLD, PAULINE Instructor Service Outdoor Center 179860 486 BRAUER & ASSOCIATES LTD Other Contracted Services Park Acquisition &Development 179861 292 BREDAHL PLUMBING Mechanical Permits General Fund 179862 184 BUSWELL, DAVE Mileage & Parking Assessing 179863 2,117 CARDIAC SCIENCE CORPORATION EMS Supplies Fire 179864 199 CARLSON,PAUL Mileage & Parking Utility Operations -General 179865 123 COMCAST Cable TV Community Center Admin 179866 428 COSTCO Operating Supplies Fire 179867 75 COULOMBE, JEANNINE Other Contracted Services Arts Initiative 179868 63 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 179869 69 D BRIAN'S DELI & CATERING Operating Supplies Fire 179870 65 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Parks Administration 179871 138 ELIASON, STEVE J Other Contracted Services Softball 179872 3,622 EMERGENCY APPARATUS MAINTENANC Equipment Repair & Maint Fire 179873 55 FEDEX Operating Supplies Engineering 179874 408 FEIDT, ADAM M Conference Expense IT Operating 179875 603 FIRE SAFETY USA INC Protective Clothing Fire 179876 368 FORSBERG, JEFF Other Contracted Services Softball 179877 60 GARDEN ROOM FRATELLI'S GARDEN Training Supplies Organizational Services 179878 800 GIRLS ON THE RUN Licenses & Taxes Girls on the Run 179879 125 GOLDEN VALLEY, CITY OF Tuition Reimbursement/School Police 179880 791 GRAINGER Cleaning Supplies Utility Operations -General 179881 214 GREAT AMERICAN BUSINESS PRODUC Clothing & Uniforms Community Center Admin 179882 104 HACH COMPANY Lab Supplies Water Treatment Plant 179883 421 HANSEN THORP PELLINEN OLSON Design & Engineering Utility Improvement Fund 179884 24 HARTMAN, JEAN Program Fee Trips 179885 25 HENNEPIN COUNTY COMMUNITY HEAL Conference Expense Human Resources 179886 361 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Wireless Communication 179887 6 ,293 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing and Community Service 179888 40 HICKMAN, JON Instructor Service Outdoor Center 179889 15 ,810 IMPERIAL DEVELOPERS Improvements to Land Trails Referendum 179890 219 JAMAR TECHNOLOGIES INC Operating Supplies Engineering 179891 12 JOHANNES, JANE Program Fee Red Hat 179892 398 KASZYNSKI, BETH Mileage & Parking Engineering 179893 185 KNOLL, KARI Travel Expense Communications 179894 4,051 KRAEMER MINING & MATERIALS INC Improvement Contracts CIP Trails 179895 230 KROEGER, TARA L Other Contracted Services Volleyball 179896 1 ,568 LOGIS LOGIS Sewer Accounting 179897 194,379 MCKINSTRY ESSENTION INC Other Contracted Services CIP - Bonds 179898 123 METRO FIRE Equipment Repair & Maint Fire 179899 12,647 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 179900 1 ,288 MICHELAU, JOHN Other Contracted Services Softball 179901 334 MINNESOTA ATHLETIC APPAREL Operating Supplies Fire 179902 2,535 MOBILE RADIO ENGINEERING INC Small Tools Wireless Communication 179903 79 MOTOROLA Equipment Repair & Maint Wireless Communication Check #Amount Vendor / Explanation Account Description Business Unit 179904 911 NEUMANN, NEAL Other Contracted Services Softball 179905 34 NILSSON, BETH Operating Supplies Ice Arena 179906 350 OTTERNESS, RON Instructor Service Outdoor Center 179907 451 PARROTT CONTRACTING INC OCS-Utility Locates Water System Maintenance 179908 1,723 PAUL'S TWO-WAY RADIO Other Contracted Services Sprint / Nextel 179909 8,422 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 179910 124,275 QWEST Other Assets E-911 Program 179911 916 QWEST CLAIMS Other Contracted Services Storm Drainage 179912 676 RAY, LEE Other Contracted Services Softball 179913 196 RECREONICS Operating Supplies Pool Operations 179914 281 REED BUSINESS INFORMATION Legal Notices Publishing Storm Drainage Projects 179915 420 S & S WORLDWIDE Capital Under $10,000 Capital Impr. / Maint. Fund 179916 198 SAMS, JOHN Mileage & Parking Assessing 179917 123 SINELL, STEVE Conference Expense Assessing 179918 5,000 SOUTHDALE YMCA - CHILD CARE Other Contracted Services Rehab 179919 100 STATE OF MINNESOTA Operating Supplies Fire 179920 685 THYSSENKRUPP ELEVATOR CORPORAT Maintenance Contracts Utility Operations - General 179921 5,757 TRANSPORT GRAPHICS Operating Supplies Fire 179922 533 TWIN CITY FILTER SERVICE INC Building Repair & Maint.Water Treatment Plant 179923 60 UPS Equipment Repair & Maint Water Metering 179924 1,196 VTI Capital Under $10,000 Capital Impr. / Maint. Fund 179925 16,509 WM MUELLER AND SONS INC Asphalt Overlay CIP Pavement Management 179926 2,366 CLEAR CHOICE USA OF CENTRAL MI Other Contracted Services Rehab 179927 40,000 OUTLAND BUILDERS Other Contracted Services Rehab 179928 422 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink 3rd Sheet of Ice 179929 9,190 CSM CORPORATION SAC - Sewer Utility Improvement Fund 179930 83 DALE GREEN COMPANY, THE Repair & Maint. Supplies Storm Drainage 179931 7,839 DOODY MECHANICAL Building Capital Impr. / Maint. Fund 179932 680 EDEN PRAIRIE ABC FOUNDATION Miscellaneous City Manager 179933 102 GARDEN ROOM FRATELLI'S GARDEN Training Supplies Organizational Services 179934 355 GERTZ, JOHN Operating Supplies Historical Culture 179935 3,430 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 179936 18 MENARDS Protective Clothing Fire 179937 32 MERLINS ACE HARDWARE Operating Supplies Traffic Signals 179938 338 MID AMERICA FESTIVALS Deposits Escrow 179939 79 NELSON, KRISTEN Wages No Benefits Elections 179940 554 OLSEN FIRE PROTECTION Contract Svcs - Fire/Life/Safe Fire Station #2 179941 602 WHEELER LUMBER LLC Improvements to Land Trails Referendum 2,236,106 Grand Total CITY COUNCIL AGENDA DATE: October 21, 2008SECTION: Appointments DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: XIII.A. Michael Barone, Office of the Budget Advisory Commission Appointments City Manager Requested Action Move to: Appoint to the Budget Advisory Commission for four-year terms Richard King, Jon Muilenburg, Don Uram, and with terms to begin January 1, 2009, and end December 31, 2012. Move to: Appoint to the Budget Advisory Commission for two-year terms Richard Proops, Gwen Schultz, and with terms to begin January 1, 2009, and end December 31, 2010. Synopsis The City advertised for two vacancies on the Budget Advisory Commission, with applications being taken from September 17 through October 3, 2008. Ten applicants applied for consideration to the BAC. Interviews for the BAC were held at the City Council workshop on Tuesday, October 21, 2008. A new BAC Orientation session will be held in November or December 2008 in advance of the start of the new BAC Commission terms scheduled to begin on January 1, 2009. CITY COUNCIL AGENDA DATE: October 21, 2008SECTION: Appointments DEPARTMENT/DIVISION :ITEM DESCRIPTION :ITEM NO.: XIII B'Michael Barone, Office of the Budget Advisory Commission Chair & Vice-Chair .. City Manager Appointments Requested Action Move to: Appoint Don Uram -Chair and -Vice Chair of the Budget Advisory Commission. Background Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to a City Commission. City Code Section 2.22, Subd. 5 Officers, states, "The Council shall choose a chairperson and vice-chairperson for a Board or Commission to serve for a period of one year.To be eligible for consideration, City Code states, "a chairperson must have served one year on the Board or Commission before becoming eligible for appointment as a chairperson. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 21, 2008 DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: XIV.B.1. Office of City Manager Kathleen Porta, City Clerk Setting the Canvassing date for the November 4 Municipal Election Results Requested Action: Move to set the date of the canvass of the results of the municipal election held on November 4, 2008, for Monday, November 10th at 5:00 pm. Synopsis: Minnesota Election Law 205.185, subd. 3 requires that within seven days after a municipal election, the governing body of a city shall act as the canvassing board, canvass the returns, and declare the results of the election. Attachment: Election Results