HomeMy WebLinkAboutCity Council - 08/19/2008 AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, AUGUST 19, 2008 CITY CENTER
5:00—6:25 PM, HERITAGE ROOM II
6:30—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon
Duckstad, and Kathy Nelson
CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen,
Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and
Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, Assistant to the
City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters
Heritage Room II
I. BUDGET
Council Chamber
II. OPEN PODIUM
III. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,AUGUST 19, 2008 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon
Duckstad, and Kathy Nelson
CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Jay Lotthammer, Public
Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director
Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli
I. ROLL CALL/CALL THE MEETING TO ORDER
II. COLOR GUARD/PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
V. PROCLAMATIONS/PRESENTATIONS
A. MILLER PARK PLAY AREA DONATION
B. AWARD CONTRACT FOR MILLER PARK PLAY AREA
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, JULY 15, 2008
B. CITY COUNCIL MEETING HELD TUESDAY,JULY 15, 2008
C. SPECIAL CITY COUNCIL MEETING HELD ON TUESDAY, AUGUST 5,
2008
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. ADC RE-PLAT Approval of Development Agreement. Location: South East
quadrant of Technology Drive & Mitchell Road.
B. CH ROBINSON DATA CENTER/OFFICE Second Reading of the Planned Unit
Development District Review and Zoning District Change from Neighborhood
Commercial to Office on 2.59 acres, and Resolution for Site Plan Review on 9.84
acres. Location: 14701 Charleston Road. (Ordinance for PUD District Review
and Zoning District Change; Resolution for Site Plan Review).
CITY COUNCIL AGENDA
August 19, 2008
Page 2
C. ADOPT RESOLUTION APPROVING FINAL PLAT OF THE ENCLAVE
AT OLD SHADY OAK ROAD
D. TERMINATE HILLTOP TOWN OFFICE DEVELOPMENT AGREEMENT
E. AWARD CONTRACT FOR REPLACMENT OF CITY MONUMENT
SIGNS TO SIGNATION SIGN GROUP
F. APPROVE SECOND AMENDMENT TO PRAIRIE VILLAGE LEASE
G. AUTHORIZE APPLICATION FOR WINTER USE PERMIT TO THREE
RIVERS PARK DISTRICT FOR USE OF THE LRT TRAIL
H. ADOPT RESOLUTION AUTHORIZING DISPOSAL OF TWO PARCELS
OF TAX FORFEITED LAND
I. AWARD BID FOR TRAIL RECONSTRUCTION ALONG MITCHELL
AND BAKER ROAD TO MIDWEST ASPHALT
J. APPROVE AGREEMENT WITH SCOTT W. BAKER ASSOCIATES,
INC., FOR PRAIRIE VILLAGE LIQUOR STORE RELOCATION AND
EXPANSION SERVICES
IX. PUBLIC HEARINGS/MEETINGS
A. PARKS AND RECREATION FEES AND CHARGES
B. SUPERVALU. Request for: Planned Unit Development Concept Review on 135
acres, Planned Unit District Review on 37 acres, Zoning District Amendment
with in the Office Zoning District on 37 acres and Site Plan Review on 37 acres.
Location: 11840 Valley View Road. (Resolution for PUD Concept Review)
C. VACATION OF DRAINAGE AND UTILITY EASEMENTS FOR LOTS 1
THROUGH 4, BLOCK 1,LOOSEN ADDITION,Vacation 08-03
(Resolution)
D. CANCEL PUBLIC HEARING FOR RIVERVIEW ROAD STREET AND
UTILITY IMPROVEMENTS, I.C. 52-157
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF ORDINANCE AMENDING CODE SECTION 6.20
RELATING TO PARADES, RACES AND PUBLIC ASSEMBLIES
B. SECOND READING OF ORDINANCE AMENDING CODE SECTION
6.20 RELATING TO PARADES,RACES AND PUBLIC ASSEMBLIES
CITY COUNCIL AGENDA
August 19, 2008
Page 3
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
A. TECHNOLOGY COMMITTEE
XIV. REPORTS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
1. Budget Advisory Commission Process
2. Section 106 Memorandum of Agreement between the Federal Highway
Administration and the Minnesota State Historic Preservation Office
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. Smith-Douglas-More/Dunn Bros Lease
2. Town Center Implementation
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
1. Water Demands and Well#16
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA
DATE: August 15, 2008
TO: Mayor and City Council
FROM: Scott Neal, City Manager
RE: City Council Meeting for Tuesday, August 19, 2008
TUESDAY, AUGUST 19, 2008 7:00 PM, COUNCIL CHAMBER
I. 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. MILLER PARK PLAY AREA DONATION
Synopsis: Eden Prairie resident Mr. Mike Garvin approached staff with a pledge to
assist with the funding for a Barrier Free Play Area at Miller Park. Mr. Garvin's
family has made use of similar play areas while visiting other states. Mr. Garvin and
his wife recognized the benefits and positive impacts that a barrier free play area can
have for people with all types of abilities. Parks and Recreation Director, Jay
Lotthammer will present an overview of the project along with the benefits of the
barrier free concept. Following the overview, Mike and Jennifer Garvin will present
the check to the City Council. Following the acceptance of the donation,the City
Council will be asked to consider a motion to award a contract for phase I of the
Miller Park Play Area construction.
ANNOTATED AGENDA
July 15,2008
Page 2
MOTION: Move to accept the donation from the Tom and Kathy Miller
Family Foundation in the amount of $134,369.00 to assist with funding
for phase 1 of the Miller Park Barrier Free Play Area.
B. AWARD CONTRACT FOR MILLER PARK PLAY AREA
Synopsis: The play structure at Miller Park is 12 years old and is in need of
replacement. Mike Garvin, a resident of Eden Prairie approached staff with the offer
to contribute funds towards the Miller Park play structure to help make the structure
more accessible and as "barrier free" as possible. Staff has worked with architects
from the landscape architecture firm of Brauer and Associates to construct a master
plan for the play area along with construction plans and specifications. The master
plan breaks the project into several phases and insures that all phases work together or
stand alone if future phases need to be modified. The Parks, Recreation and Natural
Resources Commission has participated in the master planning process along with the
recommendation of bid award.
A total of five bids were received for the Miller Park Play Area. The bids were
constructed in a way as to allow several alternates to be contemplated based on
available funding. There is a total of$110,000 budgeted on behalf of the City of Eden
Prairie within the Capital Improvement Fund. Staff has been working with Mr. Mike
Garvin to continue fundraising for the project. Mr. Garvin will present a check in the
amount of$134,369.00 to the City Council on August 19. This amount is sufficient to
fund the rest of the base bid along with alternates#2, 4, 7 & 8. Mr. and Mrs. Garvin
and their committee will be hosting a large fundraising event on October 6 that is
expected to raise a significant amount of additional funds. After this event, it is likely
that additional alternatives could be accepted through a change order process.
MOTION: Move to award the base bid contract to Odessa II along with
alternates #2, 4, 7 & 8 for a total of $244,369.25 and authorize staff to
award additional alternates through a change order process should
additional funding become available.
VI. MINUTES
MOTION: Move to approve the following City Council minutes:
A. COUNCIL WORKSHOP HELD TUESDAY, JULY 15, 2008
B. CITY COUNCIL MEETING HELD TUESDAY,JULY 15, 2008
C. SPECIAL CITY COUNCIL MEETING HELD ON TUESDAY,AUGUST 5, 2008
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
ANNOTATED AGENDA
July 15,2008
Page 3
MOTION: Move approval of items A-J on the Consent Calendar.
A. ADC RE-PLAT Approval of Development Agreement. Location: South East
quadrant of Technology Drive &Mitchell Road.
B. CH ROBINSON DATA CENTER/OFFICE Second Reading of the Planned Unit
Development District Review and Zoning District Change from Neighborhood
Commercial to Office on 2.59 acres, and Resolution for Site Plan Review on 9.84
acres. Location: 14701 Charleston Road. (Ordinance for PUD District Review and
Zoning District Change; Resolution for Site Plan Review).
C. ADOPT RESOLUTION APPROVING FINAL PLAT OF THE ENCLAVE AT
OLD SHADY OAK ROAD
D. TERMINATE HILLTOP TOWN OFFICE DEVELOPMENT AGREEMENT
E. AWARD CONTRACT FOR REPLACMENT OF CITY MONUMENT SIGNS
TO SIGNATION SIGN GROUP
F. APPROVE SECOND AMENDMENT TO PRAIRIE VILLAGE LEASE
G. AUTHORIZE APPLICATION FOR WINTER USE PERMIT TO THREE
RIVERS PARK DISTRICT FOR USE OF THE LRT TRAIL
H. ADOPT RESOLUTION AUTHORIZING DISPOSAL OF TWO PARCELS OF
TAX FORFEITED LAND
I. AWARD BID FOR TRAIL RECONSTRUCTION ALONG MITCHELL AND
BAKER ROAD TO MIDWEST ASPHALT
J. APPROVE AGREEMENT WITH SCOTT W. BAKER ASSOCIATES, INC.,
FOR PRAIRIE VILLAGE LIQUOR STORE RELOCATION AND
EXPANSION SERVICES
IX. PUBLIC HEARINGS/MEETINGS
A. PARKS AND RECREATION FEES AND CHARGES
Official notice of this public hearing was published in the August 7, 2008,Eden
Prairie News.
Synopsis: Staff is submitting the proposed changes to fees and charges for inclusion
in the 2009 budget. These fees and charges are a part of the annual operating budget
within the Parks and Recreation Depaitinent and help offset operating expenses. The
public notice was published in the Eden Prairie News on August 7, 2008. A synopsis
of the fees and charges were submitted to the City of Eden Prairie Council at the July
15, 2008 City Council Meeting.
ANNOTATED AGENDA
July 15,2008
Page 4
Fees and charges are established for programs and services offered through the Parks
and Recreation Department. Historically, the fees and charges have been approved by
the City Council towards the end of the calendar year. From a practical standpoint,
this meets the requirement for inclusion into the next year's budget. However, in
order to promote the programs and services that these fees and charges are associated
with in a timely manner(approximately September), staff has had to assume that
these fees would be acceptable to the City Council. In order to advance the timeline
for approval and allow time for additional comments and suggestions, staff is
proposing the following timeline:
June Review proposed fees and charges with the Parks, Recreation and
Natural Resources Commission
July Submit to City Council for Approval
Late Fall Include with Resolution for all City Fees and Charges
January Implement Approved Fees
The following are new or changed fees and charges proposed by staff for 2009. This
information was discussed and unanimously recommended for adoption by the Parks,
Recreation and Natural Resources Commission at their June 2, 2008 meeting.
Meeting Room 201 fee change - The fee increase is due to the size of the room. It falls
between the smaller meeting rooms and the larger Cambria. It also provides a higher
level of amenities than the small meeting rooms.
Addition of Gymnasium fees - This is due to uncertainty of what the market could bare
for gymnasium rental during the time the fee schedule was due.
Addition of 3rd Rink fee - This is due to uncertainty of what the market could bear for
dry floor rink rental during the time the fee schedule was due. The fees are subject to
increase once we include the turf covering on the dry floor.
Racquetball fee decrease - This was a misprint in the previous resolution
Addition of Play Care fees -New child care facility requires a fee for members
Addition of Play Structure fees -New Play Structure fees required for members and
patrons
Addition of Birthday Party fees -New birthday party package fees requested by patrons
Ice time increase - Hourly prime time ice rates are proposed to be increased. This is
similar to other facilities within the market and has been a common practice to help off-
set expenses.
Fee increases to reflect increases in maintenance cost for: canoe rack storage, ballfield
tournaments and cemetery lots.
These fees and charges were received by the Parks, Recreation and Natural Resources
Commission and were recommended to be adopted.
ANNOTATED AGENDA
July 15,2008
Page 5
Summer Ice Time -A recent addition to the fees and charges is the summer ice rate.
The rate is proposed to be adjusted from $140 hour to $165 hour for June—August, in
2009. By raising the cost an additional $25/hour to $165/hour, the Community Center
will generate an additional $4,000 per month, to help off-set the rising energy costs
during the summer months. This fee is consistent with many of the surrounding arenas.
MOTION: Move to approve the proposed Park and Recreation fees and
charges for inclusion in the 2009 budget.
B. SUPERVALU. Request for: Planned Unit Development Concept Review on 135
acres, Planned Unit District Review on 37 acres, Zoning District Amendment with in
the Office Zoning District on 37 acres and Site Plan Review on 37 acres. Location:
11840 Valley View Road. (Resolution for PUD Concept Review)
Official notice of this public hearing was published in the August 7, 2008,Eden
Prairie News and send to 154 property owners.
Synopsis: This project is a 15,000 square foot building addition for use as a
conference center. The project meets the requirements of the office zoning district for
site coverage, setback, and parking.
The building addition requires a shoreland structure setback waiver from 200 feet to
50 feet. Reasons to consider the waiver are:
• The addition is a 1.7% encroachment of the area of the shoreland setback.
• The addition is a 1.2 % encroachment of the area of the shoreland impact zone.
• The addition has a green roof.
• Existing trees and topography screens views of the structure from the lake.
The 120-Day Review Period Expires on October 19, 2008. The Planning
Commission voted 5-0 to recommend approval of the project at the August 11, 2008
meeting.
MOTION: Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Planned Unit Development Concept Review
on 135 acres; and
• Approve 1st Reading of the Ordinance for Planned Unit Development
District Review and Zoning District Amendment within the Office
Zoning District on 37 acres; and
• Direct Staff to prepare a Development Agreement incorporating Staff
and Commission recommendations and Council conditions; and
• Direct staff to issue a grading, footing, and foundation permits to CH
Robinson to proceed with construction at their own risk
ANNOTATED AGENDA
July 15,2008
Page 6
C. VACATION OF DRAINAGE AND UTILITY EASEMENTS FOR LOTS 1
THROUGH 4, BLOCK 1,LOOSEN ADDITION,Vacation 08-03 (Resolution)
Official notice of this public hearing was published in the July 31, 2008,Eden Prairie
News and send to nine property owners.
Synopsis: The Property Owners have requested the vacation of all the Drainage and
Utility easements to facilitate replatting of the lots to The Enclave at Old Shady Oak.
The Drainage and Utility Easements were originally dedicated with the Loosen
Addition plat. New Drainage and Utility easements will be dedicated with The
Enclave at Old Shady Oak project.
The release of the resolution vacating the drainage and utility easements shall be
conditioned on the recording of the plat of The Enclave at Old Shady Oak.
MOTION: Move to:
• Close the public hearing; and
• Adopt the resolution vacating all of the Drainage and Utility
Easements lying over, under and across Lot 1 through Lot 4 inclusive,
Block 1, Loosen Addition, according to the recorded plat thereof,
Hennepin County, Minnesota.
D. CANCEL PUBLIC HEARING FOR RIVERVIEW ROAD STREET AND
UTILITY IMPROVEMENTS, I.C. 52-157
Synopsis: At a neighborhood meeting on August 6, 2008, Riverview Road residents
and Engineering staff discussed the proposed improvements and financing plans
presented in the Feasibility Study. At this meeting, residents voiced a strong desire to
delay construction of the project and allow time to form a neighborhood committee to
work with staff on ways to improve the current project. Residents are particularly
interested in evaluating alternative solutions to managing Xcel facilities in the corridor
and preserving select trees along the north side of the corridor adjacent to the trail.
The segment of Riverview Road between Parker Drive and Homeward Hills Road is a
narrow bituminous surface in poor condition. There is no pedestrian facility serving
the adjoining neighborhoods. The proposed improvements will correct these
deficiencies and improve the visual character of the corridor. The current plan
represents the vision of a previous neighborhood committee that worked with staff
over several years in the mid-1990's. Staff recommends reviving this process to make
further refinements based on the neighborhood's interest and commitment.
MOTION: Move to cancel the public hearing for Riverview Road Street
and Utility Improvements.
ANNOTATED AGENDA
July 15,2008
Page 7
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 CODE SECTION 6.20
RELATING TO PARADES,RACES AND PUBLIC ASSEMBLIES
Synopsis: The Police Department is requesting that the City Council amend City
Code Chapter 6 by replacing Section 6.20 in its entirety with regulations related to
parades, races and public assemblies in order to provide for the public safety of
protesters, park users and public safety personnel.
The proposed ordinance provides regulation for parades, races and public assemblies
of more than 50 people on public grounds. Public assemblies include any ceremony,
show, pageant, fair, exhibit, promotion, block party, demonstration,picket line, rally
or other gathering on public grounds. Groups wishing to assemble are required to
apply for a Public Assembly Permit with the Police Department. A Public Assembly
Permit will cost $15.
Groups that are exempt from obtaining a permit include school sponsored events,
holders of a City Large Group Use permit, persons with rental or use agreements with
the City or another governmental agency, and City of Eden Prairie or other
governmental sponsored events. Events taking place on private property are not
covered by the ordinance and do not need to obtain a permit.
MOTION: Move to approve first reading of an ordinance amending City
Code Chapter 6, Section 6.20 relating to parades, races and public
assemblies and adopting by reference City Code Chapter 1 and section
6.99 which among other things contain penalty provisions.
B. SECOND READING OF ORDINANCE AMENDING CODE SECTION 6.20
RELATING TO PARADES, RACES AND PUBLIC ASSEMBLIES
MOTION: Move to approve second reading of an ordinance amending
City Code Chapter 6, Section 6.20 relating to parades, races and public
assemblies and adopting by reference City Code Chapter 1 and section
6.99 which among other things contain penalty provisions.
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
ANNOTATED AGENDA
July 15,2008
Page 8
XIII. APPOINTMENTS
A. TECHNOLOGY COMMITTEE
Synopsis: The Technology Committee was formed in January 2008 as an outgrowth
of the Technology Task Force with 11 of the original 15 members agreeing to serve
for at least one year. One of the members resigned, and several members have had
work reassignments so there are about 7 members attending meetings regularly.
Mr. Foley is an Eden Prairie resident and has a diverse background in computers and
communications. He started with Univac in 1968 in their federal division where he
negotiated large contracts with the Airforce and later moved into sales of computer
systems to the Airforce. Since then he has worked primarily in sales of computers and
computer related equipment. He has a strong technical background and is
knowledgeable of cabling systems, and copper and fiber infrastructure. He is now
semi-retired and runs a small business on the internet. He is a member of the Eden
Prairie Chamber of Commerce and also recently participated in the City's Business
Survey. Mr. Foley would be an excellent fit for the Technology Committee.
MOTION: Move to appoint Mr. Dan Foley to the Technology Committee.
XIV. REPORTS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
1. Budget Advisory Commission Process
2. Section 106 Memorandum of Agreement between the Federal Highway
Administration and the Minnesota State Historic Preservation Office
Synopsis: The Section 106 Memorandum of Agreement is the culmination of
the consultation process required by Section 106 of the National Historic
Preservation Act, as amended, to seek alternatives that could avoid, minimize,
or mitigate the adverse effects of the highway project on historic properties.
The following properties have been identified as historic:
• J. R. Cummins House—Listed on the National Register of Historic Places
• Goodrich-Ramus Dairy Barn—Determined eligible for the National
Register of Historic Places
Execution of the MOA and implementation of its terms evidences that the
Federal Highway Administration in consultation with the Minnesota Historic
Preservation Office, Minnesota Department of Transportation (Mn/DOT),
Hennepin County Department of Transportation and the City of Eden Prairie
has taken into account the effects of the highway project on historic
properties.
ANNOTATED AGENDA
July 15,2008
Page 9
The project and area evaluated under Section 106 is for the reconstruction and
widening of a segment of County State Aid Highway 1 from Shetland Road to
east of Trunk Highway 212. Hennepin County must complete its project
environmental assessment requirements (which include the Section
106/MOA)by September 30, 2008. The Heritage Preservation Commission
has been added to the MOA as a concurring signatory and will also need to
review the MOA and sign it. The HPC will review the MOA at its regularly
scheduled August 18 meeting.
MOTION: Move to authorize the City Manager and Heritage
Preservation Commission Chairperson to sign the Section 106
Memorandum of Agreement between the Federal Highway
Administration and the Minnesota State Historic Preservation
Office Regarding Reconstruction of County State Aid Highway 1
(Pioneer Trail).
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. Smith-Douglas-More/Dunn Bros Lease
Synopsis: The current 12 month lease between Puregrace LLC and the City
of Eden Prairie at the Smith-Douglas-More property expires at the end of this
year. Puregrace and its sub-tenant College Nannies and Tutors are asking for a
one year extension to the current lease under the same terms. The basic terms
of the 2008 lease are as follows:
Puregrace Rent $18,000
Additional Rent(projected) $ 1,000 (5%of sales over$30,000 paid to City as
additional rent)
College Tutors Rent $12,000
Total Rent $31,000
City Expenses (projected) $20,000 (snow removal,lawn care,and HVAC repairs
&maintenance)
Net Rent after Expenses $11,000
The City is paying for snow removal, lawn care, and HVAC related
maintenance which may total about $20,000 in 2008. However, over $6,000
of that was attributed to HVAC related repairs, which according to the City's
Facility Manager, was due to deferred maintenance over the past five years.
So expenses in 2009 may be closer to $14,000.
Although not spelled out in their attached proposal, Puregrace is planning to
apply for a license to sell beer and wine and has indicated to staff that they
would use some of the profit to pay additional rent or help pay for outside
maintenance. They are currently developing a business plan around that
initiative and will follow-up with staff with details about revenue projections
and a percentage of sales that could be shared with the City.
ANNOTATED AGENDA
July 15,2008
Page 10
Improving access and parking on the site could help generate more coffee
sales and allow events such as weddings, but it is difficult to estimate how
much and whether the benefit would out way the cost. Some of the
improvements discussed include expanding the parking lot and providing a
turn around which is expected to cost between $25,000 and$30,000. Access
to the site from Eden Prairie Road is right in and right out and a median cut
for full access would require approval from Hennepin County and could cost
as much as expanding the parking lot. Improving access would most likely
create a need for more parking and a turn around. Puregrace has indicated they
do not have the resources at this time to pay for a parking expansion.
The Smith Douglas More property was purchased by the City in 1981 for the
purpose of preserving it as a historical structure and life estate was granted to
its sellers, Earl and Helen More. After Earl More passed away in 1999 the
City began planning for the reuse of the property. A major renovation of the
property occurred in 2002 as part of a 5-year lease arrangement with Dunn
Bros Coffee. A sublease between Dunn Bros and Puregrace LLC, a Dunn
Bros franchisee, was approved by the City Council September 2006.
In 2007, Dunn Bros indicated it was losing money and determined it would
not exercise an option to renew the lease for another five years. However,
their franchisee, Puregrace LLC, submitted a proposal to lease the property for
12 months at significantly reduced rent—based on what they felt the business
could afford to pay. After considerable discussion about whether to sell the
property, lease it to another entity that could pay more rent, or possibly
provide it to the Eden Prairie Foundation, the City Council approved a 12
month lease with Puregrace.
MOTION: Move to authorize staff to pursue a new lease with
Puregrace LLC.
2. Town Center Implementation
Synopsis: See Cover Memo for details on the Town Center Implementation.
E. REPORT OF PUBLIC WORKS DIRECTOR
1. Water Demands and Well#16
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.
CITY COUNCIL AGENDA DATE:
SECTION: Presentations August 19, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: V.A.
Jay Lotthammer, Director, Miller Park Play Area Donation
Parks and Recreation
Motion
Move to: Accept the donation from the Tom and Kathy Miller Family Foundation in the
amount of$134,369.00 to assist with funding for phase 1 of the Miller Park
Barrier Free Play Area.
Synopsis
Eden Prairie resident Mr. Mike Garvin approached staff with a pledge to assist with the funding
for a Barrier Free Play Area at Miller Park. Mr. Garvin's family has made use of similar play
areas while visiting other states. Mr. Garvin and his wife recognized the benefits and positive
impacts that a barrier free play area can have for people with all types of abilities. Parks and
Recreation Director, Jay Lotthammer will present an overview of the project along with the
benefits of the barrier free concept. Following the overview, Mike and Jennifer Garvin will
present the check to the City Council. Following the acceptance of the donation, the City Council
will be asked to consider a motion to award a contract for phase I of the Miller Park Play Area
construction.
Background
Miller Park is one of three community parks and receives a higher amount of use than
neighborhood parks and smaller play structures. Over the past several years, staff has maintained
the equipment by replacing parts that were damaged, broke or in an unsafe condition. Many of
the replacement parts are no longer available due to the age of the equipment. Funds were
budgeted and approved as a part of the Capital Improvement Plan for replacement of portions of
the play area. Mr. Garvin and his family have committed funds to add to the amount of work that
is able to be performed and enhance the accessibility of the play area. Increased accessibility will
certainly be beneficial for children who use wheelchairs, but past experience has shown that
accessible surfaces and play components also offer greater access and enjoyable use to all users.
At the August 2, 2008 Parks, Recreation and Natural Resources Commission meeting, the
commission voted unanimously to recommend to the City of Eden Prairie Council to award the
base bid contract to Odessa II along with all alternates receiving sufficient funding.
CITY COUNCIL AGENDA DATE:
SECTION: Presentations August 19, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: V.B.
Jay Lotthammer, Director, Miller Park Play Area Bid Award
Parks and Recreation
Motion
Move to: Award the base bid contract to Odessa II along with alternates #2, 4, 7 & 8 for a
total of$244,369.25 and authorize staff to award additional alternates through a
change order process should additional funding become available.
Synopsis
The play structure at Miller Park is 12 years old and is in need of replacement. Mike Garvin, a
resident of Eden Prairie approached staff with the offer to contribute funds towards the Miller
Park play structure to help make the structure more accessible and as "barrier free" as possible.
Staff has worked with architects from the landscape architecture firm of Brauer and Associates to
construct a master plan for the play area along with construction plans and specifications. The
master plan breaks the project into several phases and insures that all phases work together or
stand alone if future phases need to be modified. The Parks, Recreation and Natural Resources
Commission has participated in the master planning process along with the recommendation of
bid award.
A total of five bids were received for the Miller Park Play Area. The bids were constructed in a
way as to allow several alternates to be contemplated based on available funding. There is a total
of$110,000 budgeted on behalf of the City of Eden Prairie within the Capital Improvement
Fund. Staff has been working with Mr. Mike Garvin to continue fundraising for the project. Mr.
Garvin will present a check in the amount of$134,369.00 to the City Council on August 19. This
amount is sufficient to fund the rest of the base bid along with alternates#2, 4, 7 & 8. Mr. and
Mrs. Garvin and their committee will be hosting a large fundraising event on October 6 that is
expected to raise a significant amount of additional funds. After this event, it is likely that
additional alternatives could be accepted through a change order process.
Background
Miller Park is one of three community parks and receives a higher amount of use than
neighborhood parks and smaller play structures. Over the past several years, staff has maintained
the equipment by replacing parts that were damaged, broke or in an unsafe condition. Many of
the replacement parts are no longer available due to the age of the equipment. Funds were
budgeted and approved as a part of the Capital Improvement Plan for replacement of portions of
the play structure. Mike Garvin has committed funds to add to the amount of work that is able to
be performed and enhance the accessibility of the play area. Increased accessibility will certainly
be beneficial for children who use wheelchairs, but past experience has shown that accessible
surfaces and play components also offer greater access and enjoyable use to all users.
Miller Park Play Area Bid Award
August 19, 2008
Page 2
At the August 2, 2008 Parks, Recreation and Natural Resources Commission meeting, the
commission voted unanimously to recommend to the City of Eden Prairie Council to award the
base bid contract to Odessa II along with all alternates receiving sufficient funding.
Attachments
Base Bid and Alternate Descriptions
Construction Sign
Play Component
Bid Tabulation
Brauer&Associates Letter of Recommendation
Miller Park Cost Breakdowns and Descriptions
Recommend for Phase I
Base Bid
$196,695.25
Includes; earthwork, site work, main play structure, landscaping, safety surfacing
Alternate#2
$23,064.00-Additional poured-in-place safety surfacing
Alternate#4
$16,660.00-Add ornamental fencing
Alternate#7
$4,000.00-Add new tire swing
Alternate#8
$3,950.00—Add new swing set vs. refurbishing the old one
Total: $244,369.25
Phase I Funding
$110,000 City of Eden Prairie Capital Improvement Fund
$134,369 Tom & Kathy Miller Family Foundation
Recommended if additional funding becomes available
Alternate#1
$31,958.50- Includes swing set area addition/improvements
Alternate#3
$1,750.00- Refurbish existing tire swing
Alternate#5
$43,000.00-Add sand table/water feature
Alternate#6
$7,590.00- Refurbish asphalt trail
Total: $84,298.50
Coming soon!
Miller Park Barrier Tree Play Area Improvements
"Barrier Free"is a unique and creative concept Phase I.The first phase begins Fall of 2008.and is Future Phases.The"Master Plan"outlines The City of Eden Prairie is proud to
that allows people of all ages and abilities to come scheduled to finish in the Spring of 2009- future phases that will replace the remaining play partner with individuals and organizations to make this
together and enjoy the experiences of play and recreation. equipment that is reaching the end of its safe and usable and other experiences possible for more information
This enhanced play concept is made possible through the life-span.These phases depend upon additional funding about this project,please contact Stu Fox,Parks and
donations of sources.In addition to budgeted City of Eden Prairie Natural Resources Manager at 952-949-8445.
funds,there are hopes of additional funds to elevate the
future phase to a"barrier free'condition.
Phase 2&3:Nature Stream/Creep Corridor
•'ar,mcm-irks w.a.n!rarer the rt..a,.a,dr Are,n,a
ant apre.Gre siren mucus nae sae a arr.n ar:lo r.warh:: Phase 3:Elevated Plana Area
wJa.ail sclEp.ncrad w.kr wrap,Iha wha.s.,.x c n;a rim stun fairev..a:It ul,ak,i.p.]',mak,Yixkre
Phase 2:1R'aler Pumps and rar"naYf li't"�"io°"'H firmhi,;.i ow--i+,./ Wcal lagen... 14 animals..no,dm dak
Phase l:SningArea Drinking Fountain u 'tioq "'°`````nary rtr'includ"a,i Phase 3:Swinging Wooden
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sworn-incl.tlm¢ae.1111hder.xme b Wow rnm;dc nirasl, r mhir rrr.ida Wsre.ms pmlb
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EVEN PRAIRIE, MN 11127220-1-2 71212008 2 Earl F.Andersen,Inc. L structures-
Bid Tabulations
Miller Park Play Area Renovations
Jul-08
American
Liberty Fitol-Hintz Sunram
Bidders Odessa II Construction K.A. Witt Construction Construction
Base Bid Totals $196,695.25 $217,586.09 $229,815.75 $240,166.00 $259,977.90
Alt Total $131,972.50 $164,908.17 $157,634.25 $151,347.00 $198,617.55
Total Bid $328,667.75 $382,494.26 $387,450.00 $391,513.00 $458,595.45
G:\parks and recreation\parks\park locations\miller park\miller park play area renovations bid tabulations
August 12th, 2008
Mr. Jay Lotthammer, Director of Parks &Recreation Services
City of Eden Prairie—Parks &Recreation
8080 Mitchell Road
Eden Prairie,MN 55344
Re: Recommendation to Accept Bids for Miller Park Play Area Renovation Project
Mr. Lotthammer,
I have reviewed the bid proposals for this project and Odessa II Construction has submitted the lowest
qualified bid for this project. Their total bid amount of$328,667.75 was 10%less than the estimate we
prepared prior to bidding this project.
Brauer&Associates,Ltd. has had the pleasure of working with Odessa II Construction on a number of
successful projects in Minnetonka, Coon Rapids, and Eden Prairie throughout the years with positive
outcomes. As such, it is our recommendation that the City accept their bid and execute a contract for
construction of all items within the base bid for the amount of$196,695.25. The alternate bid items are
priced very fairly and if additional funding becomes available for the project prior to contract award,we
recommend accepting the alternate items according to your priorities.
Additionally,we recommend setting aside a construction contingency of 10%.
It has been a pleasure working with the City on this project so far and we look forward to seeing the
proposed changes take place. If you have any questions or concerns,please call me at(952) 238-0831 ext.
12
Sincerely,
Brauer&Associates, Ltd.
Amanda M. Prosser, R.L.A.
cc: Jason Amberg
encl: Miller Park Bid Tabulation
Recommendation to Accept Bid 1 of 1
UNAPPROVED MINUTES ITEM NO.: VI.A.
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY,JULY 15, 2008 CITY CENTER
5:00—6:25 PM, HERITAGE ROOM II
6:30—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon
Duckstad, and Kathy Nelson
CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen,
Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and
Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, Assistant to the
City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters
Heritage Room II
Council Member Butcher joined the meeting at 6:15 p.m. Chief Esbensen was absent.
I. BUDGET ADVISORY COMMISSION (BAC)
A. REPORTING
Finance Manager Sue Kotchevar said the Budget Advisory Commission is compiling
a report as they go. Each new portion of the report is reviewed and approved at the
following meeting. Kotchevar asked the Council how they would like to receive
reports—either periodically or as one large report submitted at the end of the process.
Council Member Nelson said she prefers to receive reports periodically. She also
requested that backup materials provided to the BAC members be provided to
Council Members. Kotchevar said all of the BAC agendas, minutes and backup
documents are uploaded on the website through a secure portal, which will be made
available to the Council Members.
B. TERMS
City Manager Scott Neal said Budget Advisory Commission member Mark
Kantor submitted his resignation this afternoon. Kantor is moving out of state in
August, so his last meeting will be in July.
Kotchevar said when the BAC members were appointed, all of the members
received two-year terms. Terms for all members are currently scheduled to end in
March 2009. The topic was discussed at the last BAC meeting, and members
recommended four-year terms, since the City has a two-year budget cycle and there
is a long learning curve. They also suggested that terms start in January at the
beginning of the budget cycle, rather than March. Recruiting would take place in
September,rather than January.
Council Workshop Minutes
July 15, 2008
Page 2
Mayor Young said that if most or all current members are interested in continuing
on the commission, he does not see the point of opening up the recruiting process
this year. Staff will survey current members to determine how many wish to stay
on the commission.
Council Member Nelson said she is concerned that if BAC terms are four years, and
other commissions are two or three years, there will be a misimpression that the
BAC is more important than other commissions. Young said four-year terms make
sense for the BAC due to the amount of background required of commission
members. Aho said he also favors four-year terms. Nelson said she would like to
see terms staggered and limited to four years.
Neal said staff will draft a motion for BAC terms for the City Council to consider
at their August 19 Council Meeting.
II. CIP
Kotchevar presented projections for the CIP fund based on three scenarios, including
current projections, current projections plus revenue from the economic development
fund, and current projections plus five years of market value homestead credit (MVHC).
She said it may be difficult to bring the levy back up to $1 million per year as planned
due to levy limits imposed by the State Legislature during the 2008 session.
Council Member Nelson asked if the CIP revenue forecast includes funds for signage that
has been recommended by the Chamber Wayfinding Committee. Mayor Young and
Public Works Director Gene Dietz said the Chamber's wayfinding discussions are still in
the preliminary stages. Nelson said she would want to check with the Chamber before
making decisions on transferring money out of the economic development fund.
III. EDEN PRAIRIE PROMISE
Neal presented an overview of the most recent phase of the City's Performance Partnership,
called the Eden Prairie Promise. Neal said that while the vision and the mission are the
same, the initiative's new name reflects a stronger alignment with community outcomes.
The focus of this phase of the initiative is defining key results and setting community
performance measures. Key results the City strives to achieve are divided into six groups or
outcomes:
• Healthy, Strong and Safe Community
• Preserved and Beautiful Environment
• Mobile Community
• Satisfied Customers
• Efficient and Effective Service Delivery
• Responsive and Accessible Government
Council Workshop Minutes
July 15, 2008
Page 3
Staff has identified 25-35 measures that will be tracked on an annual basis. Neal said the
aim of the program is to shift focus from activities to performance and results, and from
department outcomes to customer impact.
IV. PARTNERSHIP SURVEY RESULTS
Neal presented an overview of the results of the 2008 Partnership Survey on employee
engagement. Compared to 2006, results were higher in all five major categories: Your
Job, Your Supervisor, Your Work Group, Department Leadership, and City Leadership.
The highest scored item was a 99.0 positive response to, "I like my job." The area of
strongest growth was, "I feel valued for the work that I do,"which rose from 67.2% in
2006 to 82.8% in 2008. There were no areas of sharp decline.
Council Chamber
V. OPEN PODIUM
A. BETSY ADAMS—CUMMINS GRILL REUSE STUDY
Adams, Chair of the Heritage Preservation Commission(HPC), said the HPC
encourages the City Council to adopt the findings of the Cummins Grill Reuse
Study and proceed to explore all four scenarios presented in the report. She
encouraged the Council to take into account the historic value of the building
when considering future uses.
B. JAN MOSMAN—CUMMINS GRILL REUSE STUDY
Jan Mosman, President of the Eden Prairie Historical Society, said the Historical
Society is interested in making the Cummins Grill House their headquarters. She
said the Historical Society strongly opposes the sale of the property and is willing
to demonstrate its commitment to preserving the site by negotiating a long term
lease plan. She said the Historical Society has been approached by an Eden
Prairie resident who wants to help support the Historical Society in maintaining
the building.
Mayor Young said he plans to recommend that action on Reuse Study be tabled
until the Pioneer Trail road construction project is complete and its impact on the
site is known.
C. ROBIN SMITH-ROAD/PUBLIC SAFETY ISSUE
Robin Smith, 16511 S. Manor Road, addressed Council about a temporary
construction road from Eden Prairie Road to Sky Lane, which is scheduled to be
removed in two weeks. Mr. Smith said removal of the road will impact the
development potential of 18 acres of privately held land and will remove access to
a fire hydrant that currently serves adjacent homes. He asked the City Council for
assistance in obtaining permission from MAC to keep a portion of the road in
place.
Council Workshop Minutes
July 15, 2008
Page 4
D. VIJAY AND REKHA DIXIT— SHREYA R. DIXIT MEMORIAL
FOUNDATION
Mr. Dixit said his 19-year-old daughter, Shreya, was killed in an automobile
accident in November 2007. He and his wife have formed a foundation in
Shreya's honor and will hold a vigil and walk in Purgatory Creek Park on August
17. He thanked Police Chief Rob Reynolds and the Parks and Recreation
Department for their assistance in planning this event. Mr. Dixit asked the
Council for additional assistance in promoting the event, especially in
neighboring communities. Mayor Young offered condolences to the Dixits on the
loss of their daughter and said he would support promotion of the event with
neighboring cities.
VI. ADJOURNMENT
ITEM NO.: VI.B.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,JULY 15, 2008 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon
Duckstad and Kathy Nelson
CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Jay Lotthammer, Public
Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director
Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli
I. ROLL CALL/CALL THE MEETING TO ORDER
Mayor Young called the meeting to order at 7:02 PM.
II. COLOR GUARD/PLEDGE OF ALLEGIANCE
Mayor Young thanked Boy Scout Troop 370, chartered by Pax Christi Catholic Church,
for presenting the colors.
III. OPEN PODIUM INVITATION
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Neal said there are two items on goldenrod paper. Item VIII.Q. ADOPT RESOLUTION
PROHIBITING PARKING ON RIVERVIEW ROAD FROM HOMEWARD HILLS
ROAD TO PARKER DRIVE should be added to the Consent Calendar. He noted it is a
fairly straight forward item and is required by MnDOT for the reconstruction of Riverview
Road. Item XIV.D.3. Veterans Memorial Phase II Improvement Bids is consistent with
the information on the Annotated Agenda but is different from the information included in
the Council packet.
Young said he had three items to add under Item XIV.A.
MOTION: Aho moved, seconded by Butcher, to approve the agenda as published and
amended. Motion carried 5-0.
V. PROCLAMATIONS/PRESENTATIONS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, JUNE 17, 2008
MOTION: Duckstad moved, seconded by Butcher, to approve the minutes of the
Council Workshop held Tuesday, June 17, 2008, as published. Motion carried 4-
0-1,with Council Member Nelson abstaining.
CITY COUNCIL MINUTES
July 15,2008
Page 2
B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 17, 2008
MOTION: Aho moved, seconded by Duckstad, to approve the minutes of the City
Council Meeting held Tuesday, June 17, 2008, as published. Motion carried 4-0-1,
with Council Member Nelson abstaining.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
A. PARKS, RECREATION & NATURAL RESOURCES COMMISSION
John Brill, Vice Chair of the Parks, Recreation & Natural Resources Commission,
presented an update on the Commission's work. He said Chair Napuck was unable
to attend the meeting tonight and sends her apologies for not being here. He said
the Geocaching Task Force researched what other communities are doing with this
activity and developed a policy that was approved by the Commission. Other
projects reviewed were the decision to move the Lions Club Memorial to Round
Lake Park, Community Center policies and relevant City ordinances, RFP's
completed by caterers for the Community Center, the Art Center, the Master Plan
for Camp Edenwood, the Cost Recovery Recreation program, and the Red Rock
Lake play structure.
Brill said the construction of the Community Center went into full force, and the
grand opening occurred in May. The Commission reviewed pricing and
membership policies at the Community Center. At their meeting last week the
Commission took a tour of the City parks and had the dedication of the Bob
Lambert pavilion. They are in the process of reviewing Miller Park and are
discussing making it a barrier-free facility.
Young thanked Vice Chair Brill for his report and for the service of the
Commission members.
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. WALGREENS. Second Reading of Ordinance 17-2008-PUD-8-2008 for Planned
Unit Development District Review with waivers and Zoning District Amendment
within the Commercial Regional Service Zoning District on 1.21 acres and Site
Plan Review on 1.21 acres. Location: 8240 Flying Cloud Drive. (Ordinance 17-
2008-PUD-8-2008 for PUD District Review with waivers and Zoning District
Amendment; Resolution 2008-65 for Site Plan Review)
C. THE ENCLAVE AT OLD SHADY OAK. Second Reading of Ordinance 18-
2008-PUD-9-2008 for Planned Unit Development District Review and Zoning
District Change from Rural and R1-13.5 to R1-9.5 on 28.6 acres. Location: West of
Shady Oak Road and South of Highway 62. (Ordinance 18-2008-PUD-9-2008 for
PUD District Review and Zoning District Change)
CITY COUNCIL MINUTES
July 15,2008
Page 3
D. AWARD CONTRACT FOR OUTDOOR CENTER OBSERVATORY DESIGN
AND CONSTRUCTION ADMINISTRATION TO BEUTOW AND
ASSOCIATES INC.
E. ADOPT RESOLUTION 2008-66 DECLARING THE CITY'S OFFICIAL
INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT
OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS
(FLYING CLOUD DRIVE)
F. ADOPT UPDATED PURCHASING PROCEDURES TO BE EFFECTIVE
AUGUST 1, 2008
G. AWARD CONTRACT FOR 2008 BUILDING ENVELOPE MAINTENANCE
TO RESTORATION SYSTEM INC.
H. ADOPT RESOLUTION 2008-67 DECLARING PROPERTY AS
ABANDONED PROPERTY
I. APPROVE USE OF UP TO $40,000 IN CDBG FUNDS TO REHABILITATE
THE EDENDALE RESIDENCE
J. APPROVE JOINT POWERS AGREEMENT TO PROVIDE AID TO THE
ST. PAUL POLICE DEPARTMENT FOR THE 2008 REPUBLICAN
CONVENTION
K. AUTHORIZE GRANTING OF RIGHT OF ACCESS TO HENNEPIN
COUNTY TO UTILIZE APPROXIMATELY 3.68 ACRES OF STARING
LAKE PARK LAND FOR EXPANSION OF PIONEER TRAIL
L. ADOPT RESOLUTION 2008-68 APPROVING PLANS &
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR
RIVERVIEW ROAD STREET & UTILITY IMPROVEMENTS, I.C. 52-157
M. ADOPT RESOLUTION 2008-69 RECIEVING FEASIBILITY STUDY AND
SETTING PUBLIC HEARING FOR RIVERVIEW ROAD STREET &
UTILITY IMPROVMENTS,I.C. 52-157
N. AWARD CONTRACT FOR REPLACEMENT OF WATER MAIN ALONG
WEST 78TH STREET TO ELLINGSON DRAINAGE, INC.
O. AWARD BID FOR STARING LAKE PARK AMPHITHEATER
RECONSTRUCTION TO SUNRAM CONSTRUCTION
P. ADOPT RESOLUTION 2008-70 APPROVING MNDOT AMENDMENT NO.
1 TO AGREEMENT NO. 86458
Q. ADOPT RESOLUTION 2008-77 PROHIBITING PARKING ON
RIVERVIEW ROAD FROM HOMEWARD HILLS ROAD TO PARKER
DRIVE
CITY COUNCIL MINUTES
July 15,2008
Page 4
MOTION: Duckstad moved, seconded by Nelson, to approve Items A-Q on the
Consent Calendar. Motion carried 4-0.
IX. PUBLIC HEARINGS/MEETINGS
A. AMENDMENT TO TAX INCREMENT FINANCING(TIF) DISTRICT #15
SUMMIT PLACE SENIOR HOUSING (Resolution 2008-71)
There were no comments from the audience.
MOTION: Duckstad moved, seconded by Butcher, to close the City Council
Public Hearing and to adopt Resolution 2008-71 approving the amendment to the
Tax Increment Financing Plan for TIF District No. 15. Motion carried 5-0.
B. NEW PERSPECTIVE SENIOR LIVING. Request for: Guide Plan Change from
Commercial Regional Service to High Density Residential on 2.98 acres, Planned
Unit Development Concept Review on 11.81 acres. Location: 7300 Flying Cloud
Drive. (Resolution for Guide Plan Change; Resolution for PUD Concept
Review)
Neal said official notice of this public hearing was published in the July 3, 2008,
Eden Prairie News and sent to 7 property owners. He said the applicant,New
Perspective Senior Living, is withdrawing the project from further review with the
City Council.
Jeremiah said this item does require action, per the Annotated Agenda. Young
asked if we must open the public hearing and then close it. Jeremiah said that was
correct.
Nancy Arieta, 10785 Valley View Road, said she appreciated the efforts by the
Council and the City to provide more senior care. She asked why the project is
being held back. Jeremiah replied she understood they were not successful in
obtaining the property.
MOTION: Nelson moved, seconded by Butcher to close the Public Hearing and to
return the development plans to the proponent without prejudice. Motion carried
5-0.
C. ADC RE-PLAT Request for: Preliminary Plat into two lots on 89.72 acres.
Location: South East quadrant of Technology Drive &Mitchell Road. (Resolution
2008-72 for Preliminary Plat)
Neal said official notice of this public hearing was published in the July 3, 2008,
Eden Prairie News and sent to 291 property owners. The plat is a subdivision of
91.03 acres into two lots. Both lots exceed the 2 acre minimum requirement of the
I-2 Zoning District. In 1999 the City approved the ADC Planned Unit Development
for 1,180,000 square feet of development. Waivers were granted for building
setback to Technology Drive, increase in allowable office use,building height, and
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July 15,2008
Page 5
parking space dimensions in the parking deck. The 120-Day review period expires
on August 22, 2008. The Planning Commission voted 7-0 to recommend approval
of the project at the June 9, 2008 meeting.
Jeremiah said the Planning Commission added a condition to the subdivision to
require a cross-access and maintenance agreement as is mentioned in the proposed
motion. She said staff and the Planning Commission believe that is an important
point to include.
Ed Jorgenson said he is Vice President of Corporate Services at ADC and is
responsible for corporate real estate. He said they are requesting to subdivide the
property. He noted a couple of other open items are being worked on pertaining to
easements on the property. He said those will be resolved prior to it coming for
final Council approval.
There were no comments from the audience.
MOTION: Duckstad moved, seconded by Aho, to close the Public Hearing, to
adopt Resolution 2008-72 for Preliminary Plat on 91.03 acres into 2 lots, and to
direct staff to prepare a Development Agreement incorporating staff and
Commission recommendations and Council conditions. Motion carried 5-0.
D. CH ROBINSON DATA CENTER/OFFICE Request for: Guide Plan Change
from Neighborhood Commercial to Office on 2.59 acres, Planned Unit
Development Concept Amendment on 9.84 acres, Planned Unit Development
District Review and Zoning District Change from Neighborhood Commercial to
Office on 2.59 acres, Site Plan Review on 9.84 acres, and Preliminary Plat of 9.84
acres into one. Location: 14701 Charleson Road. (Resolution 2008-73 for Guide
Plan Change; Resolution 2008-74 for PUD Concept Review; Ordinance for
PUD District Review and Zoning District Change; Resolution 2008-75 for
Preliminary Plat)
Neal said official notice of this public hearing was published in the July 3, 2008,
Eden Prairie News and sent to 35 property owners. This is for a 40,000 square foot
office building and an 18,145 square foot data center. The 120-Day review period
expires on September 28, 2008. The Planning Commission voted 7-0 to
recommend approval of the project at the June 23, 2008 meeting.
Jeremiah said there have been discussions about this property in the past. We tried
to get neighborhood commercial on the property but after we did a market study we
found there was little viability for neighborhood commercial on this site. Staff and
the Planning Commission are comfortable with the change.
Neal noted this is a particularly important project to one of our local corporate
citizens. Young said he agreed with that.
There were no comments from the audience.
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Page 6
MOTION: Butcher moved, seconded by Duckstad, to close the Public Hearing, to
adopt Resolution 2008-73 for Guide Plan Change from Neighborhood Commercial
to Office on 2.59 acres, to adopt Resolution 2008-74 for Planned Unit
Development Concept Review on 9.84 acres, to approve 1st Reading of the
Ordinance for Planned Unit Development District Review with waivers, and
Zoning District Change from Neighborhood Commercial to Office on 2.59 acres, to
adopt Resolution 2008-75 for Preliminary Plat on 9.84 acres into 1 lot, to direct
Staff to prepare a Development Agreement incorporating staff and Commission
recommendations and Council conditions, and to direct staff to issue grading,
footing, and foundation permits to CH Robinson to proceed with construction at
their own risk. Motion carried 5-0.
E. TOP DOG COUNTRY CLUB &VET CLINIC Request for: Planned Unit
Development Concept Review on 3.03 acres, Planned Unit Development District
Review with waivers and Zoning District Amendment within the Commercial
Regional Service Zoning District on 3.03 acres, and Site Plan on 3.03 acres.
Location: 8040 Glen Lane. (Resolution 2008-76 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 July 3, 2008,
Eden Prairie News and sent to 20 property owners. The proposed use is called Top
Dog Country Club and Vet Clinic. The indoor facility includes a vet clinic, play
area, grooming area and suites (kennels.) Services range from morning drop off
and evening pick up similar to a child care facility to overnight boarding. The site
plan shows a 21,508 square foot addition to the existing 18,742 square foot
building. The addition will occupy the outdoor storage area of the former Franks
Nursery.
"Top Dog" is located on the eastern edge of the Town Center of Sub Area 2. The
MCA Study identifies the "Top Dog" site for entertainment, restaurant, and
services with a 0.16 site coverage. There are two reasons for the lower site
coverage: (1) to provide adequate parking since restaurants/entertainment uses
typically have higher parking demand; and(2)balance development against
transportation capacity. The Top Dog Country Club and Vet Clinic project was
reviewed at the January 14, 2008 Planning Commission Meeting. The Planning
Commission voted 5-0, with 1 abstention to approve the project as submitted. The
applicant, Grootwassink/Fendler Patterson Construction, Inc. withdrew the project
from further review with the City Council on April 8, 2008. The Excelsior Group
is the new applicant with Fendler Patterson as the contractor. The 120-Day review
period expires on October 1, 2008.
Neal said staff developed the following four approaches to review the project:
1. The plan as proposed.
2. A revised plan consistent with current zoning.
3. A revised plan with waivers and consistent with the Town Center Plan.
4. Focus on the future development of the Town Center.
Neal said staff recommended development approach 2, 3, or 4. The Planning
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July 15,2008
Page 7
Commission voted 7-0 to recommend approval of the project(alternative approach
#1--the plan as proposed) at the June 23, 2008 meeting.
Jeremiah said it is rare there is a difference of opinion between staff and the
Planning Commission. She said the Planning Commission felt the type of
improvements proposed to the building would not add so much value as to prohibit
redevelopment during the 25-year time frame of the Major Center Area(MCA)
study. Staff has concerns that more than doubling the area of the building would be
a large amount of investment for the developer. They proposed some alternatives
that would require less investment in the property as an interim use but still allow
this particular use or that would try to bring the property into greater conformance
within the Town Center plan by providing some of the amenities we are requiring
in other parts of the MCA. The Planning Commission had some discussion but
ultimately they disagreed with staff and voted in favor of accepting the plan as
proposed.
There were no comments from the audience.
MOTION: Aho moved, seconded by Duckstad, to close the Public Hearing, to
adopt Resolution 2008-76 for Planned Unit Development Concept Review on 3.03
acres, to 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 3.03 acres, and to direct staff to
prepare a Development Agreement incorporating staff and Commission
recommendations and Council conditions.
Nelson said she was concerned about going outside of the Town Center plan with
something going in that area. Without at least the amenities we are expecting from
the Town Center plans she was hesitant to go through with this. She would like to
see more work on the plan and have proponent come back with something more
like what we are expecting in the Town Center plan.
Aho asked if the plan were made more consistent with current zoning or made
more consistent with the Town Center plan,what kind of effect that would have on
the project in terms of the cost and the look and feel. Jeremiah said in order to
make the project consistent with the current zoning we could have an 8420 square
foot addition to the existing building,but it wouldn't more than double the size of
the existing building as shown. In terms of cost she assumed it would be less costly,
but she was not sure whether the proponent would want to move forward with that
addition. For a plan consistent with the Town Center plan we would be looking at a
reduction in the building footprint and allowing room for amenities such as those
required at Windsor Plaza and Presbyterian Homes. There would have to be a
higher level of aesthetics so it would fit in more with development around it. That
wouldn't necessarily prevent this as an interim use. A smaller building footprint
would allow more parking if necessary and provide more flexibility for the future.
Aho was concerned that, in fairness to all people, we apply rules consistently to
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July 15,2008
Page 8
those that are developing in the city and not allow some to follow the guidelines
and some to not.
Young said he was not sure that is in play here. He supports the Planning
Commission action. In this period of transition between current development and
the 25-year vision, things don't happen overnight. This isn't a project of the scope
of Windsor Plaza or Presbyterian Homes. He believes this is a challenging site, and
it has been vacant for awhile. He thought it is an interim fix during the 25-year
view of Town Center and is an improvement over what is there now. While he
understands the concerns expressed, he thought under these circumstances it makes
sense to accept the recommendation of the Planning Commission.
Butcher said she thought we could do better with this plan, and she worries about
accepting a standard below what we have agreed to. She was wondering if there is a
compromise from the plan that is currently in front of us.
Duckstad said he was inclined to give full weight to the Planning Commission
decision. He didn't see anyone opposed on the Commission vote. He didn't think it
is right for us to second guess projects like this and to micromanage a development
that has been studied by our Planning Commission. He was inclined to support it
100%.
Nelson said she believes that once you start into a plan like this and then change it
for this project or another one we won't have the Town Center plan 25 years out.
She thought a compromise might be to put it at the size where the amenities could
be put in later. That would allow them to transition into this as the property around
them develops but would leave room for the amenities. She assumed they could put
something together that would allow room for the amenities, and she would like to
have the opportunity to hear what that is. She would like to move forward within
the Town Center plan.
Young asked if we held the proponent to the Town Center plan, do we have any
idea of what happens to the other plans. He asked if we have any reason to believe
this site by itself could be redeveloped in an economically feasible fashion and
consistent with the Town Center plan.
Jeremiah said there was no reason that this particular space would redevelop
separately. We would probably see it redevelop as a whole. She believes the most
reasonable compromise is Alternative 2 to allow it to develop according to the
current zoning. We haven't yet adopted the Town Center zoning to this parcel.
Alternative 2 would allow some addition to the property but would still allow the
potential for redevelopment by not putting such a high dollar into the current
zoning.
Young said he assumes when a proponent comes with a plan there is an economic
model attached to it. He didn't think we can know if it is going to work if it is
smaller unless proponent tells us it will work. Jeremiah said it would be a
reasonable size to the building and would still provide use. Young asked if it works
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July 15,2008
Page 9
for the proponent for this use or other uses if we condition the approval to be
consistent with current zoning.
Mike Mandy, 3605 North Shore Drive and partner of the Excelsior Group, said
they are the sponsors of the proposal. They have two prospective clients for the
facility—Top Dog and Flying Cloud Animal Hospital. He said they would not be
interested in a smaller project, but both tenants are viable prospects. He noted the
Excelsior Group has developed other projects in Eden Prairie such as M&I Bank
and Prairie Village Mall. He supported the idea that long range planning is
wonderful, but this is an interim project consistent with the market.
Butcher thought we have to consider precedent and what this means to any future
decisions we will have to make in that area. She asked if we are going to take them
piecemeal and make decisions one by one rather than using the long range plan.
She understood the dilemma,but she is concerned about what it means to make this
decision outside the Major Center Area. We do have a number of years until we get
to the look and feel of the Major Center Area that we have all agreed on. She
thought we need to think strategically about how we get there, and we need more
dialogue about how we are going to get there.
Young said every plan needs to be evaluated on the merits it brings to the table.
When we look at this parcel on that block he didn't see any imminent change on
that block, and this is a property that has been vacant for some time now. He
thought every project needs to be considered at the time it comes before the
Council, and he thought it makes sense to follow the recommendation of the
Planning Commission.
Aho said he raised his concerns earlier but, looking at the whole area, he would
prefer to see someone in there with a nice facility rather than leaving it vacant for a
number of years. He said it is part of a larger building complex that probably won't
change any time in the near future, so he will support it.
Nelson asked if the only reason we couldn't put in one business for another is
because it was used as outdoor storage. Jeremiah said we could reuse the existing
building and the outdoor storage area could remain outdoor storage or be used as
parking. It does provide flexibility for that use,but if it is covered there is a lack of
flexibility for this building because of the lack of parking.
Nelson asked if there has been any indication there will not be enough parking for
this whole strip mall area if this goes into it. Jeremiah said it would need to be
limited to this use or a very similar use because of the limited parking. She said we
would be approving this at standards far below our retail and services parking
standards. It will narrow the opportunities for different uses in this space. She noted
this area currently has parking challenges on evenings and weekends because of the
Champps facility.
Butcher said she is very conflicted on this. She knows one of these businesses has
CITY COUNCIL MINUTES
July 15,2008
Page 10
been around to serve Eden Prairie residents for a very long time. Her concern was
about the impact on the site. She wanted to make sure the Council really thinks
hard about what we are doing. She understood about having businesses that are
viable right now,but this will impact what we are doing in the future. If we do
approve this, she thought we need to have a strategic session about what it means
as we develop over the next 25 years.
Nelson asked if we can put something on the Development Agreement about what
type of future development can go into this. She asked how we keep this from
getting us into a parking situation that will not fit the building arrangement.
Jeremiah said that would be worked out with the Development Agreement and
would be a condition of granting the waivers for parking that uses would have to be
consistent with the existing zoning and would have to have very low parking needs.
It would come back for final approval with the Development Agreement
completed. If there is something to consider further, the 120 day review period
expires on October 1 so we have some time for that.
Duckstad said it doesn't appear there is any serious disagreement between the staff
and the Planning Commission with regard to the merits of the project. The
differences between staff and Planning Commission appear to be somewhat
esoteric or subjective. He would opt to giving weight to the Planning Commission,
especially since they approved it on a unanimous basis.
Nelson said she does want a further discussion of the Town Center, perhaps with
the Planning Commission. She was concerned that the Planning Commission did
not seem to discuss implementation of the Town Center plan with this project. She
thought we need to get straight with ourselves what our expectations are for
implementing the plan. She agreed with Council Member Butcher that there may be
a priority to have those discussions and get an understanding across the board.
Young said the proposal of further discussion of the Town Center plan is fine, but
we are never going to know how or when individual parcels are going to redevelop.
The question becomes what we will do about a specific proposal involving one
parcel. He viewed this project as an improvement.
Butcher thought we need to have a discussion with the Planning Commission
because, while it may be true that the Council understands where we are going, she
was not sure the Planning Commission understands. She thought the plan might
have been better if the Planning Commission understood the perspective.
VOTE ON THE MOTION AS AMENDED: Motion carried 4-1-0,with Nelson
opposed.
X. PAYMENT OF CLAIMS
MOTION: Duckstad moved, seconded by Butcher, 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."
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July 15,2008
Page 11
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCILMEMBERS
1. Irrigation of City-Owned Properties -Aho
Aho said he wanted to bring up the topic of irrigation. We have had a lot of
discussion about having residents follow guidelines for irrigation in order to
maintain properties in a nice manner but also to keep an amount of water on
hold for safety issues. He thought it is important for the City to set an
example for this. He asked that we have a discussion at the City Council
level and that staff consider setting an example for good water usage.
Young said he wanted to talk more generally about how topics like this get
presented to the Council and how residents present issues to the Council
that are important to them. He said he was reminded of this by the
communication from Mr. Strate who is well prepared,polite, and doesn't
try to divide the Council or staff. He said he doesn't always agree with Mr.
Strate, but he knows he is sincere. He thought that is the best way for
residents to bring items of concern to the City Council, and he doesn't
believe attacks are an effective way of bringing issues to the Council.
Neal said we have been taking a look at this issue and we have turned down
the frequency of how much we water. We have always complied with our
own watering ordinance. When we have watered and it looks like we are out
of compliance, it is because we have outdoor sod. One issue we have
noticed is that the zones we have in place in our irrigation system are very
large. They are old systems and we are taking a look at them to see what it
would cost to replace them. We will also look at the cost of converting
some of our turf to another more natural surface. One reason staff wants to
get the Council involved in this decision is because this is City Hall, and, if
there is an opinion about how you want this building and the grounds to
appear, we want to make sure we reflect that.
Nelson said she agreed that positive issues are good when people bring
things to the Council. She hoped we keep our rain sensors up. She was
concerned that we not let things go because it is expensive to put in new
plantings. Over time as our system ages she hoped we would look at some
alternative sprinkling methods or other types of irrigation. She thought we
have to look at the overall finances and the look of the City along with the
wise use of water.
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July 15,2008
Page 12
2. Former Mayor Gary Peterson's Death -Young
Young said former Eden Prairie Mayor Gary Peterson passed away on
Friday, July 11. Mayor Peterson served as mayor from 1985 — 1990 and was
also the Senior Pastor of Immanuel Lutheran Church in Eden Prairie. He
said the City sent flowers on behalf of the Council and staff. He expressed
his condolences to the family.
3. Smith-Douglas-More House-Young
Young said we entered into a one-year lease on the Smith-Douglas-More
House property last year. He thought we should talk about what we want to
do about that lease at our August meeting. He asked staff to come to that
meeting with a report on where things stand and perhaps a recommendation.
4. Request to Flying Cloud Airport Advisory Commission -Young
Young said we heard a lot of comments at our meeting in June about night
time flights, our agreement, and the restrictions imposed on the MAC by the
FAA. He would like to charge the Flying Cloud Airport Advisory
Commission, with the input of City Attorney Rosow, to examine whether
we can communicate an expression to the FAA on how the City feels about
night time flights while remaining consistent with the final agreement.
Nelson said there has been a lot of input from citizens who are upset about
night time flying. She thought it is an excellent thing for the Airport
Commission to look at, and she also thought the Airport Commission would
be happy to sink their teeth into it. She would like to hear Mr. Rosow's
review of what we can or can't do to lessen the impact of night time flying.
Butcher agreed. She said before the City Council became neutral on the
issue, we generally opposed the airport and we heard a lot from people for
many years about how noise had a negative impact on their lives.
Duckstad said he was in favor.
Young asked Mr. Rosow if he would work with the Commission on this.
Rosow said he would. Young noted any communication with the FAA
would have to come from the City Council.
B. REPORT OF CITY MANAGER
1. Public Assembly Regulations
Neal said he would like to ask for any input the Council Members would
have about developing a public assembly ordinance. He included in the
packets a sample of an ordinance adopted by the City of Bloomington. He
said that ordinance puts restrictions and regulations on large public
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July 15,2008
Page 13
assemblies. Other cities are preparing similar kinds of ordinances. He
thought we may want to consider an ordinance like this because it does
create a bit of stress for those who respond to public assemblies if they
don't know they will occur. We have contact with a group that does regular
protests at the ATK site,but that doesn't mean those are the only people we
will ever deal with. It does require a permit for groups over a certain size
and there is a small permit fee, but more importantly it requires an exchange
of information so we know where they will be and how large the group will
be. This is not only for the protection of property owners but also for those
involved in the public assemblies. He didn't have an ordinance prepared
tonight but could prepare one for the August meeting if the Council was
interested.
Aho thought it is a good idea. He thought we should be responsible and
have something in place to have advance notice so we can provide adequate
police protection and public safety.
Butcher also thought it is a good idea. Her only concern is how people will
know they need a permit. There are many block parties that go on around
the City at various times and she wondered how those would be handled.
Neal said they will look at that and will ask the City of Bloomington how
they handle that.
Nelson asked how we would handle large family picnics or graduation
parties. She didn't want to exclude anything like that from happening. It
would be good to have an ordinance,but we would want to walk a fine line
about people going about ordinary social business.
Duckstad asked if we have talked to the Police Chief about this because it
probably would be a good tool for him to have in case problems arose. Neal
said we conferred on this at a recent staff meeting, and he wanted to get
feedback from the City Council before we proceed with it.
Young thought we are all on the same page that it is a good idea but we
have the concerns expressed about unintended consequences.
Neal said staff will have discussions with the City Attorney, will check with
Bloomington, and will bring something to the August 19 meeting.
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. Adaptive Reuse Study of John R. Cummins House
Jeremiah noted the final report on the adaptive reuse study presented four
potential viable economic uses: as a hospice, an office, residential uses and
horticultural uses. Regardless of which usage is selected, much of the
heritage site including the peony garden could remain open to the public.
The report was reviewed at the May 20 joint Council/Heritage Preservation
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July 15,2008
Page 14
Commission workshop. A lot of discussion focused on the hospice option,
and one of the things not discussed much was the sale or lease of the
property. The building would have to be expanded for use as a hospice so
the property would probably have to be sold. Even if the property is sold the
owner would be subject to the heritage preservation requirements. She said
given the location of the property adjacent to a public park, the Council may
prefer to retain ownership of the property. It also would be possible to sell a
portion of the property for residential without making a lot of
improvements. In 2007 we had an appraisal of the property and we were
given some idea of the value at that time, so that could be a starting point if
the City wanted to market it for potential sale. Due to the different options
that are given in the report, staff would recommend that we market it for
sale or lease and look at all potential options for the property. Staff would
bring any proposals to the City Council for consideration. She doubted if
anyone would want to get in there before the road improvements are
completed so we have time to work through the issues.
Young said his concern remains that until such time as we know what is
going to happen to Pioneer Trail marketing the property is uncertain. We
have concluded the use study but other than that there is no driving force
behind the sense for the Council to do anything. He would like to just defer
action until such time as we know what will happen to Pioneer Trail. He
thought we should just move to accept the study in recognition of the efforts
of the Heritage Preservation Commission.
Butcher asked about the landscape study the State is doing at the site.
Jeremiah said she assumes it has to do with the mitigation of the roadway,
but she doesn't have detailed plans at this time. She said the State looked at
all the historic sites along the route. Butcher thought we may benefit from
the State's study, and she wanted to make sure we are doing what we should
be doing while the other factors are happening. She thought it is important
for us to accept the report because it is a guideline. Because there is a two-
year construction period, we have time to think deeply about what we want
to have here. She liked the idea presented by the Eden Prairie Historical
Society this evening for the use of the house.
Nelson said she didn't object to passing it tonight,but she didn't want to
make it so we have to do a certain reuse of the property. A use of the
property that we already own may be to open the house to the public as they
are talking about. There is parking available adjacent to it, and she liked the
idea of the Historical Society opening it up and doing the work. She wanted
to make sure that option of opening the house to the public is still open to us
as that is not specifically mentioned in this reuse study. She thought this
might give us an attraction for the City and put us "on the map." She was
pleased that the Historical Society has a benefactor and have money
available.
Young said he didn't think accepting the study would preclude the
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July 15,2008
Page 15
Historical Society from coming back to the Council with a proposal. The
only thing he would not do is to spend tax dollars to fix up the property.
MOTION: Duckstad moved, seconded by Nelson, to accept the "Adaptive
Use Study of the John R. Cummins House" and to table the remainder of
the motion that would direct staff to begin marketing a portion of the site
for sale or lease with the remainder public.
Aho said he also agreed and thought it is important to accept the adaptive
use study tonight. That doesn't preclude the City from accepting usage
ideas that come forward. We just don't have to go out and start marketing it
right away.
Butcher thought we might want to keep the review open so staff could
continue dialogue on the possibilities. Duckstad said the point is well taken,
but he thought that can be done without changing the motion.
Rosow recommended that only the first part accepting the report be
included in the motion. Then whenever the Council wants to discuss the
second part of the motion, it can be put on the agenda.
AMENDMENT TO THE MOTION: Duckstad moved, seconded by
Nelson, to accept the "Adaptive Use Study of the John R. Cummins
House."
VOTE ON THE MOTION AS AMENDED: Motion carried 5-0.
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Cemetery Task Force Report Recommendations
Lotthammer said the Council acting as the Cemetery Board accepted the
Task Force report in March. That report had several recommendations to
update and improve the cemetery. Staff is ready to move forward with those
recommendations. He reviewed the improvements planned, including a
large fencing project and trimming of trees and overgrown vegetation.
There are issues with the front entrance and with the parking. Some
plantings need attention and the soil needs improvement. We have a flag
and additional trees going in and have the potential for some irrigation.
None of these are individual cost items that would require us to come back
but staff wanted to inform the Council about the work.
MOTION: Nelson moved, seconded by Butcher, to authorize staff to
proceed with the proposed improvements as supported by the Cemetery
Task Force Report. Motion carried 5-0.
2. Proposed Parks and Recreation Fee Changes and Additions for
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July 15,2008
Page 16
Inclusion in the 2009 Budget
Lotthammer said this is an informational item regarding our fees and
charges in the area of Parks and Recreation. Those fees and charges need to
be published and promoted well in advance of the timeline for the annual
budget approval. Typically the City Council approves the fees towards the
end of the year, but we need to promote the fees nearer to September. As
part of our initial approval process staff is proposing the fee changes be run
through the Parks Commission and a public hearing be scheduled in August
in order to give residents an opportunity to be heard in the process. This
process would give staff an opportunity to hear from the Council as to
whether the fees are acceptable.
3. Bids for Veterans Memorial Phase II
Lotthammer said bids for the Phase II construction of the Veterans
Memorial came back. This portion of the project is for the general
contractor to implement some of the remaining phases and get this to 98%
or more by November. He said the anticipated total of what is remaining to
be paid on the project is about $370,000. They have raised about$330,000,
so at this time there is a$40,000 shortfall. They are continuing to try to
raise the additional dollar amount but there is no guarantee they will. The
City's portion being authorized tonight is $138,000, with $100,000 coming
from State funding and the other$38,000 coming out of the $330,000 raised
by the Task Force.
Young said he appreciated the information about where the fund raising
currently stands and he knew the efforts of the Task Force will continue.
There will be a fund-raiser 10K race in September that he plans to
participate in.
MOTION: Butcher moved, seconded by Duckstad, to award the bid for
construction of Phase II of the Veterans Memorial Project to Blackstone
Contractors in the amount of$ 138,671.52. Motion carried 5-0.
E. REPORT OF PUBLIC WORKS DIRECTOR
1. Croixwood Pond Maintenance
Dietz said this item is regarding an email received with a request to
implement some kind of maintenance to a pond at Croixwood and Cascade
Drive. He said we have over 800 wetlands and ponds in the City. Most of
them have open water, and our practice over the years has been to deal only
with the water issues and not with the aesthetics of the ponds. He
recommended we do not change that practice. There are private contractors
that can do applications of products to eliminate algae from ponds, and
residents can band together to get that done if they choose.
Dietz said there is a misconception about this pond that arose in September
CITY COUNCIL MINUTES
July 15,2008
Page 17
2005 when we had two six-inch rain storms and two of the homes had
flooded basements. After discussions with the neighbors, we replaced the
outlet structure in the spring of 2006. At that time we talked about the
possibility of lowering the pond a foot. The email communication says we
lowered the pond a foot and we should now put it back. We actually ended
up only lowering it 2-1/2 inches. The problems about the pond seem to be
about changing the storage capacity of the pond,but the real problem is that
the last two years have been very dry. He thought the main problem is the
infrequent rainfall. He would like to keep the standard that aesthetics are the
responsibility of the surrounding properties.
Young asked what it would cost the City to do the maintenance. Dietz said
Bloomington does some of this,but they ask that at least 50% of the
property owners put up a buffer strip and they will then pay 50% of the
costs. The regulations on doing algae control applications are becoming
more onerous and 100% of the owners would have to agree to it.
Young said we obviously can't change a policy only for the benefit of one
pond. He asked if we have heard from other neighborhoods on this. Dietz
said over the years we have heard about this, but it is cyclical based on
rainfall. Those who care the most tend to do something about it themselves.
Nelson asked if people have to get permission from the City if they are
doing the maintenance themselves. Dietz said the permit is through the
DNR. Private companies can be hired to secure the permit and apply the
chemicals.
Neal thought the key part of this is whether we are going to make a material
change going forward in how we manage our storm water pond retention. If
we decide to treat them like a public works function, that would be a new
financial burden on the City. We would need to figure out some kind of
administrative structure and how to fund it.
Young said he didn't support a change to the policy. Duckstad said he
didn't either.
Nelson said she could support the City making information available so a
neighborhood could find out what they could do and what they needed to
do. Aho thought we should work with residents to make all the information
available.
Dietz said he will communicate that to the residents who sent the email.
2. Town Center Electrical Transmission Line
Dietz said the history on this item is that when the streetscape for the Town
Center came through the process there was a minority opinion on the
Planning Commission that things could not move forward with the
CITY COUNCIL MINUTES
July 15,2008
Page 18
overhead transmission line as it is. Based on those comments he contacted
Xcel Energy and they sent him to a website to see a similar project in
Boston. After reviewing that project, he submitted a request to study the
issue further, and we hired the firm of Black&Veatch to do a study. Their
estimate to bury a short stretch of the transmission lines is $21.5 million. As
an alternative, it would cost $4.5 million to do a reroute of the aerial lines to
get them out of the Town Center area. He suggested the report be received
and made available to anyone who wants to read it.
MOTION: Duckstad moved, seconded by Butcher, to accept the report as
presented. Motion carried 5-0.
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 9:05 PM.
ITEM NO.: VI.C.
UNAPPROVED MINUTES
EDEN PRAIRIE SPECIAL CITY COUNCIL MEETING
TUESDAY, AUGUST 5, 2008 7:00 PM, CITY CENTER
Fire Station#1
14800 Scenic Heights Road
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher,
Jon Duckstad, and Kathy Nelson
CITY STAFF: City Manager Scott Neal, City Clerk Kathleen Porta and Council
Recorder Lorene McWaters
I. CALL MEETING TO ORDER
Mayor Young called the meeting to order at 5:08 p.m. Council Members Aho and
Butcher were absent.
II. ADOPT RESOLUTION APPROVING ELECTION JUDGES FOR THE
2008 PRIMARY AND GENERAL ELECTIONS
City Manager Scott Neal said State Statute 204B.21, Subd.2 requires appointment
of election judges by the City Council at least 25 days before the election. Since
the next regular meeting of the City Council, August 19, falls after that date, this
special Council Meeting was called to adopt the resolution approving election
judges for the 2008 primary and general elections.
MOTION: Duckstad moved, seconded by Nelson, to adopt the resolution
approving appointment of election judges for the primary election, September 9,
2008 and general election,November 4, 2008. Motion carried 3-0.
III. ADJOURNMENT
MOTION: Nelson moved, seconded by Duckstad, to adjourn the meeting.
Motion carried 3-0. Mayor Young adjourned the meeting at 5:09 p.m.
CITY COUNCIL AGENDA DATE: August 19, 2008
SECTION: Consent Agenda
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A.
Community Development/Planning ADC Replat
Janet Jeremiah
Michael D. Franzen
Requested Action
Move to:
• Approve the Development Agreement for ADC
Background Information
This is approval of the development relating to the subdivision of the property into two
conforming lots.
The 120-Day Review Period Expires on August 22, 2008,
Attachments
1. Development Agreement
FIFTH AMENDMENT TO DEVELOPER'S AGREEMENT
ADC TELECOMMUNICATIONS, INC
THIS FIFTH AMENDMENT TO AGREEMENT,made and entered into as of this 19th
day of August, 2008, by ADC Telecommunications Inc, a Minnesota Corporation, hereinafter
referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation,
hereinafter referred to as "City":
WHEREAS,Developer has applied to City for a Preliminary Plat of 91.03 acres into 2 lots
legally described on Exhibit A (the "Property");
RECITALS:
A. Developer and City entered into a Developers, Agreement as of July 20, 1999, filed on
December 15,2003 as Document Number 389328 with the Office of the Registrar of Titles,
Hennepin County, Minnesota(the "Original Developer's Agreement").
B. The parties entered into the First Amendment to Developer's Agreement as of September 18,
2001, filed on December 15, 2003 as Document Number 3892830 with the Office of the
Registrar of Titles, Hennepin County, Minnesota.
C. The parties entered into the Second Amendment to Developer's Agreement as of May 15,
2001 filed on December 15, 2003 as Document Number 3892831 with the Office of the
Registrar of Titles, Hennepin County, Minnesota.
D. The parties entered into the Third Amendment to Developer's Agreement as of February 5,
2002 filed on June 8,2005 as Document Number 4122211 with the Office of the Registrar of
Titles.
E. The parties entered into the Fourth Amendment to Developer's Agreement as of April 12,
2005 filed on June 8,2005 as Document Number 4122212 with the Office of the Registrar of
Titles.
F. The Original Developer's Agreement together with the amendments described above is
hereafter collectively called the "Developer's Agreement."
NOW, THEREFORE, in consideration of the City adopting Resolution No. 2008-72 for
Preliminary Plat,Developer agrees to construct upon,develop and maintain the Property as follows:
1. CROSS ACCESS, PRIVATE UTILITIES AND MAINTENANCE AGREEMENT:
Prior to release of the final plat for the Property, the Developer shall enter into a Cross
Access,Private Utilities and Maintenance Agreement between Lots 1 and 2 of the Property,
the form of which must be approved by the City Engineer. This Agreement shall address
joint vehicle access and maintenance in driveways,private utilities,ponds and storm sewers.
All of these facilities shall be privately owned and maintained by the Developer or Owner.
After approval by the City, Developer shall file the Cross Access, Private Utilities and
Maintenance Agreement 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.
2. WETLAND PLAN:
Prior to release of the final plat for any portion of the Property,Developer shall submit to the
Environmental Coordinator and receive the Environmental Coordinator's approval of a
Wetland Plan. The approved Wetland Plan shall be consistent with the materials and
requirements shown on the Plans and as required by City Code. The Plan shall include the
following elements.
A. Wetland Delineation and Wetland Buffer Strip Vegetation Evaluation:
Developer shall submit to the City a Wetland Buffer Strip Evaluation Report
("Buffer Report")and Wetland Delineation Report in accordance with the Wetland
Plan and City Code requirements prior to release of the final plat for any portion of
the Property. If the Buffer Report identifies any unacceptable vegetation or other
conditions, the wetland buffer strip shall be graded, treated, reseeded and/or
replanted (thereon known as "Landscaping", or "Landscaped") by the Developer
within 90 days of submission of the Buffer Report. If Landscaping of the wetland
buffer strip is required,the Developer shall submit a signed statement by a qualified
wetland consultant, as determined by the City Manager, stating that the wetland
buffer strip vegetation complies with all City requirements within 30 days of
completion of the Landscaping of the wetland buffer strip.
B. Annual Wetland and Wetland Buffer Strip Evaluation: Prior to release of the
final plat for any portion of the Property, Developer shall submit a signed contract
with a qualified wetland consultant, as determined by the City Manager and/or
designee,for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation
Report (Annual Buffer Report) that evaluates the condition of the wetland(s) and
wetland buffer strip(s) and to determine if they are in compliance with all City
requirements. The Annual Buffer Report shall provide both an action plan and
proposed cost for correction of all problems identified within the wetland(s)and/or
wetland buffer strip(s).
The first Annual Buffer Report shall be submitted no later than November 1 of the
calendar year in which construction of the wetland and/or wetland buffer strip is
commenced. Thereafter, this report shall be submitted annually until two full
growing seasons following completion of the development have passed, at which
point a final Annual Report shall be submitted. The final Annual Buffer Report shall
be submitted two full growing seasons following completion of the development and
shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the
wetland(s) and/or wetland buffer strip(s) remain in compliance with all City
requirements.
If any unacceptable conditions or vegetation are identified within the Annual Buffer
Reports or final Annual Buffer Report, the Developer shall correct the area(s)
identified within 90 days of submission of the Annual Buffer Report.
C. Conservation Easement: Prior to release of the final plat for the Property,
Developer shall submit a Conservation Easement attached as Exhibit C, for review
and written approval by the Environmental Coordinator, for the area delineated on
the Plans. After approval by the City, Developer shall file the Conservation
Easement 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 Environmental Coordinator proof that the Conservation Easement has
been recorded in the Hennepin County Recorder's Office/Registrar of Titles'Office.
D. Wetland Buffer Strip Monuments: Prior to release of the first building permit for
any portion of the Property, and prior to recording of any document affecting the
property, including any mortgage granted by the Developer or owners, their
successors and/or assigns,Developer shall install all wetland buffer strip monuments
for the property. Wetland buffer strip monument locations shall be shown on the
final grading plan and final plat. The post shall be a fiberglass reinforced composite
post with a maximum size of 4 inch by 4 inch(4"x 4")that states"Wetland Buffer:
No Mowing Allowed". The post shall be mounted to a height of a minimum of four
feet above grade set at least 42 inches in the ground. The bottom of the post must be
fitted with an anchor attachment that would expand upon attempted removal.
Removal of the wetland buffer strip monuments is prohibited.
E. Wetland Performance Bond: Prior to release of the final plat for any portion of the
Property,Developer shall furnish to the Environmental Coordinator and receive the
Environmental Coordinator's approval of a Wetland Plan performance bond, cash
escrow,or 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 150% of the cost, as estimated by the City Manager, of completing said
Wetland Plan requirements and/or Landscaping as depicted on the Plans and as
required by City Code. Said Security shall cover costs associated with the Wetland
Plan during development and for two full growing seasons following completion of
the development.
If the Developer fails to implement the Wetland Plan in accordance with its terms,
the City may draw upon the Security in whole or in part to pay the cost of
implementation.
3. The Developer Agreement remains in full force and effect except as modified herein.
IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed
as of the day and year aforesaid.
ADC TELECOMMUNICATIONS CITY OF EDEN PRAIRIE
By:
Its: Phil Young, Mayor
Scott H. Neal, 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 ADC
Telecommunications, a Minnesota Corporation.
Notary Public
EXHIBIT A
DEVELOPMENT AGREEMENT - ADC
Existing Legal Description:
Lot 1, Block 1, Technology Campus 3rd Addition, Hennepin County, Minnesota
Proposed Legal Description:
Lots 1 and 2,Block 1, Technology Campus 4th Addition,Hennepin County,Minnesota
EXHIBIT B
DEVELOPMENT AGREEMENT - ADC
Preliminary plat pages 5.0, 5.1A, 5.1 B, 5.1 C, 5.1 D, dated July 7, 2008 by Landform.
EXHIBIT C
DEVELOPMENT AGREEMENT - ADC
CONSERVATION/SCENIC EASEMENT
THIS EASEMENT AGREEMENT is made this day of ,2008 by and between
, a Minnesota Company, hereinafter referred to as "Grantor," and the
CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City";
WHEREAS,Grantor is the fee owner of land located in Hennepin County,Minnesota,more
fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter
referred to as "the Property"; and,
WHEREAS, Grantor has marketable title to the Property, free and clear of all liens,
mortgage, and encumbrances, except:
WHEREAS,Grantor and City wish to enter into an agreement which will grant to the City a
conservancy/scenic easement for conservation and preservation of the terrain and vegetation,and to
prohibit certain destructive acts thereon,over that portion of the Property as described in Exhibit B,
hereinafter referred to as the "Easement Area", attached hereto;
NOW,THEREFORE,in consideration of the premises contained herein,it is agreed by the
parties as follows:
1. Grantor hereby conveys to City and its successors and assigns a conservation and
scenic easement in, under, on, and over the "Easement Area", and City hereby
accepts such conveyance.
2. The following terms and conditions shall apply to the Easement Area:
A. The Easement Area shall be preserved predominantly in its natural condition.
No trees, shrubs or other vegetation shall be planted or removed from the
Easement Area without the prior written consent of the City. The City will
consider removal of noxious weeds, as defined by Minnesota Statutes
Sections 18.76-18.88, upon submission and approval of a Vegetation
Management Plan. No vegetation cutting,fertilizer application or placement
of turf grass, such as Kentucky bluegrass, shall occur within the Easement
Area.
B. Wetland buffer monuments must be placed at the boundaries of the wetland
buffer strip as shown on Exhibit C. Removal of the wetland buffer strip
monuments is not allowed.
C. No building,road, sign,billboard,utility, or other structures shall be placed
in the Easement Area without the prior written consent of City.
D. No trash, waste, or other offensive material, soil, or landfill shall be placed
upon or within the Easement Area without the prior written consent of the
City.
E. No change in the general topography of the Easement Area landscape,
including,but not limited,to excavation,dredging,movement, and removal
or placement of soil, shall be allowed within the Easement Area without the
prior written consent of the City.
F. Grantor may,no more than once per calendar year,remove sediment caused
by stormwater drainage into a stormwater ponding area. Any removal of
sediment must be pre-approved in writing by the City and be in accordance
with City and Wetland Conservation Act guidelines. Landscaping must be
replaced in accordance with the requirements outlined in this Conservation
Easement.
3. With respect to the Easement Area, Grantor represents and warrants as follows:
A. That Grantor has marketable title free and clear of all liens,
encumbrances and mortgages.
B. That Grantor has not used,employed,deposited,stored,disposed of,
placed or otherwise allowed to come in or on the Easement Area,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 Grantor has not allowed any other person to use, employ,
deposit, store, dispose of, place or otherwise have, in or on the
Easement Area, any Hazardous Substances;
D. That to the Grantors knowledge, no previous owner, operator or
possessor of the easement area,deposited,stored,disposed of,placed,
or otherwise allowed in or on the Easement Area any Hazardous
Substances;
Grantor agrees to indemnify,defend and hold harmless City,against any and all loss,
costs, damage and expense, including reasonable attorneys fees and costs that City
incurs because of the breach of any of the above representations or warranties and/or
resulting from or due to the inaccuracy or falsity of any representation or warranty
herein.
4. Grantor agrees to maintain the Easement Area subject to the provisions stated herein.
5. The duration of this easement is perpetual and shall bind and inure to the benefit of
the parties, their successors, and assigns.
6. Nothing contained herein shall impair any right of City now held or hereafter
acquired to construct or maintain public utilities in or on the Easement Area.
7. Provisions of this Easement shall be binding upon and enforceable against the
Property and the Grantor, their successors and assigns of the Property.
IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
GRANTOR CITY OF EDEN PRAIRIE
NOT TO BE SIGNED By NOT TO BE SIGNED
Phil Young
Its Mayor
NOT TO BE SIGNED By NOT TO BE SIGNED
Scott H. Neal
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2007,
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 ,2007,
by , the a Minnesota
, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
EXHIBIT A
"THE PROPERTY"
Legal Description Before Final Plat
Legal Description After Final Plat
EXHIBIT B
"EASEMENT AREA"
Legal Description Before Final Plat
Legal Description After Final Plat
13
EXHIBIT C
"EASEMENT AREA"DIAGRAM
14
CITY COUNCIL AGENDA DATE: August 19, 2008
SECTION: Consent Agenda
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B.
Community Development/Planning C.H. Robinson Data Center and
Janet Jeremiah/Regina Herron Office
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for Planned Unit Development Review with waivers, and
Zoning District Change from Neighborhood Commercial to Office on 2.59 acres and Zoning
District Amendment within the Office Zoning District on 7.25 acres; and
• Adopt the Resolution for Site Plan Review on 9.84 acres; and
• Approve the Development Agreement for C.H. Robinson Data Center and Office
Synopsis
This is final approval of the plans and development agreement for a 40,000 square foot office
building and 18,145 square foot data center.
Background Information
The 120-Day Review Period Expires on September 28, 2008.
Attachments
1. Ordinance for PUD District Review
2. Summary Ordinance
3. Resolution—Site Plan Review
4. Development Agreement
CH ROBINSON DATA CENTER AND OFFICE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 19-2008-PUD-10-2008
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
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 removed from the
Neighborhood Commercial Zoning District and be placed in the Office Zoning District 19-2008-
PUD-10-2008 (hereinafter "PUD-10-2008-Office").
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of August 19, 2008, entered into between CH Robinson
Worldwide, Inc., and the City of Eden Prairie, (hereinafter"Development Agreement"). The
Development Agreement contains the terms and conditions of PUD-10-2008-Office, and are
hereby made a part hereof
Section 4. The City Council hereby makes the following findings:
A. PUD-10-2008-Office is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-10-2008-Office 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-10-2008-Office are justified by the design of the
development described therein.
D. PUD-10-2008-Office is of sufficient size, composition, and arrangement that its
construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Neighborhood Commercial Zoning District, and placed in the Office Zoning
District and shall be included hereafter in the Planned Unit Development PUD-10-2008-Office
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
l5th day of July, 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 19th day of August,
2008.
ATTEST:
Kathleen A. Porta, City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on , 2008.
EXHIBIT A
Outlot A, Eden Bluff Highlands 3rd, Hennepin County, Minnesota.
CH ROBINSON DATA CENTER AND OFFICE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO. 19-2008-PUD-10-2008
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
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:
Summary: This ordinance allows rezoning of land located at Charlson Road and
Highway 212 from the Neighborhood Commercial Zoning District to the Office Zoning District
on 2.59 acres. 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 , 2008.
(A full copy of the text of this Ordinance is available from City Clerk.)
CH ROBINSON DATA CENTER AND OFFICE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2008-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR CH ROBINSON DATA CENTER AND OFFICE
BY C.H. ROBINSON WORLDWIDE, INC
WHEREAS, C.H. Robinson Worldwide, Inc, has applied for Site Plan approval of CH
Robinson Data Center and Office to construct a 40,000 square foot office building and an 18,145
square foot data center,by an Ordinance approved by the City Council on July 15, 2008; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at
its June 23, 2008 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
July 15, 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 C.H. Robinson
Worldwide, Inc based on the Development Agreement between C.H. Robinson Worldwide, Inc
and the City of Eden Prairie,reviewed and approved by the City Council on August 19, 2008.
ADOPTED by the City Council of the City of Eden Prairie this 19th day of August,
2008.
Phil Young, Mayor
ATTEST:
Kathleen A. Porta, City Clerk
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
EDEN BLUFF BUSINESS PARK PHASE II-IV
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Agreement")
is entered into as of August 19, 2008,by C.H. Robinson Worldwide, Inc, a Delaware
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 Guide Plan Change from Neighborhood
Commercial to Office on 2.59 acres, Planned Unit Development Concept Review on 9.84 acres,
Planned Unit Development District Review with waivers on 9.84 acres, Zoning District Change
from Neighborhood Commercial to Office Zoning District on 2.59 acres, Site Plan Review on
9.84 acres, and Preliminary Plat of 9.84 acres into 1 lot, legally described on Exhibit A (the
"Property");
WHEREAS, Developer and City entered into that certain Development Agreement dated July
18, 2006, filed on August 16, 2006 as Document Number 4294165 with the Office of the Registrar of
Titles, Hennepin County, Minnesota(the "Original Developer's Agreement").
NOW, THEREFORE, in consideration of the City adopting Resolution No.
for Guide Plan Change, Resolution No. for Planned Unit Development Concept
Review, Ordinance No. for Planned Unit Development District Review and Zoning
District Change from Neighborhood Commercial to Office on 2.59 acres, Resolution No.
for Site Plan Review, and Resolution No. for Preliminary Plat,
Developer agrees to construct, develop and maintain the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials
revised and stamp dated July 15, 2008, reviewed and approved by the City Council on
July 15, 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. 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.
7. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City
Planner's written approval of a plan for irrigation of the landscaped areas on the Property.
The irrigation plan shall be designed so that water is not directed on or over public trails
and sidewalks.
Developer shall complete implementation of the approved irrigation plan in accordance
with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for
the Property.
8. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to
the City Planner and receive the City Planner's written approval of a final landscape plan
for the Property depicting a total of 478 caliper inches. The approved landscape plan
shall be consistent with the quantity, type, and size of plant materials shown on the
landscape plan on the Plans. Developer shall furnish to the City Planner and receive the
City Planner's written approval of a security in the form of a bond, cash escrow, or letter
of credit, equal to 150% of the cost of said improvements as required by City Code.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved landscape plan in accordance with the terms and
conditions of Exhibit C.
9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City
Planner, and receive the City Planner's written approval of a plan for screening of
mechanical equipment on the Property. For purposes of this paragraph, "mechanical
equipment" includes gas meters, electrical conduit, water meters, and standard heating,
ventilating, and air-conditioning units. Security to guarantee construction of said
screening shall be included with that provided for landscaping on the Property, in
accordance with City Code requirements. Developer shall complete implementation of
the approved plan prior to issuance of any occupancy permit for the Property.
If, after completion of construction of the mechanical equipment screening, it is
determined by the City Planner, in his or her sole discretion, that the constructed
screening does not meet the Code requirements to screen mechanical equipment from
public streets and differing, adjacent land uses, then the City Planner shall notify
Developer and Developer shall take corrective action to reconstruct the mechanical
equipment screening in order to cure the deficiencies identified by the City Planner.
Developer agrees that the City will not release the security provided until Developer
completes all such corrective measures.
10. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated
in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare
laws and regulations. Developer further agrees that the facility upon the Property shall be
operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the
Property boundary lines.
11. PROOF OF PARKING SPACES: Developer and City acknowledge that the 35 proof
of parking spaces proposed for the Property, depicted in the Plans, are designated for use
and that said spaces are not required to be constructed at this time.
At such time as the City Manager, in his or her sole discretion, determines that it is
necessary for all or a portion of the proof of parking spaces to be constructed in order to
accommodate the use, the City Manager shall notify the Developer in writing of the need
to construct additional proof of parking spaces. This notification shall include the
number, location and timetable for construction of the additional proof-of-parking spaces.
Developer shall comply with all requirements contained in the City Manager's
notification.
12. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City
Code requirements within the Office Zoning District through the Planned Unit
Development District Review for the Property and incorporates said waivers as part of
PUD (list PUD number):
A. Building height waiver from 30 feet to 40 feet for the 40,000 square foot office
building.
13. 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 agrees that the materials to
be used shall be compatible with those used on adjacent lands within the Eden Bluff
Corporate Center PUD.
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.
14. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie
City Code, Section 11.70, Developer shall file with the City Planner and receive the City
Planner's written approval of an application for a sign permit. The application shall
include a complete description of the sign and a sketch showing the size, location, the
manner of construction, and other such information as necessary to inform the City of the
kind, size, material construction, and location of any such sign, consistent with the sign
plan shown on the Plans and in accordance with the requirements of City Code, Section
11.70, Subdivision 5a.
15. 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.
16. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all
times be located inside of the building enclosures depicted on the Plans.
17. TRAVEL DEMAND MANAGEMENT PLAN: Prior to issuance of the building
permit for the 2-story Office Building on the Property, Developer shall submit to the
Traffic Engineer and receive the Traffic Engineer's approval of a Travel Demand
Management(TDM) Plan. The Developer shall implement the TDM Plan at the site to
help reduce traffic congestion.
Prior to issuance of the building permit for the 2-story Office Building on 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 ($20,000) 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.
18. TREE REPLACEMENT: Tree replacement required is 173 caliper inches. Prior to the
issuance of any grading permit for the Property, Developer shall submit to the City
Forester and receive the City Forester's written approval of a tree replacement plan for
173 caliper inches.
This approved plan shall include replacement trees of a 3-inch diameter minimum size
for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall
also provide that, should actual tree loss exceed that calculated herein, Developer shall
provide tree replacement on a caliper inch per caliper inch basis for such excess loss.
Prior to issuance of any grading permit for the Property, Developer shall furnish to the
City Planner and receive the City Planner's approval of a tree replacement bond equal to
150% of the cost of said improvements as required by City Code.
Developer shall complete implementation of the approved tree replacement plan prior to
occupancy permit issuance.
19. This Agreement amends that portion of the Original Developerment Agreement depicted
in the plans attached as Exhibit B.
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
C.H. Robinson Worldwide, Inc,
By By
Its 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 19th day of August, 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 C.H. Robinson Worldwide, Inc, a
Delaware Corporation, on behalf of the .
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
EXHIBIT A
DEVELOPMENT AGREEMENT— CH ROBINSON DATA CENTER AND OFFICE
Legal Description Before Final Plat
Lot 1, Block 1, and Outlot A, Eden Bluff Highlands 3rd, Hennepin County, Minnesota.
Legal Description After Final Plat
Lot 1, Block, Eden Bluff Highlands 5th Addition, Hennepin County, Minnesota
EXHIBIT B
DEVELOPMENT AGREEMENT—CH ROBINSON DATA CENTER AND OFFICE
Sheet A0.1, Title Sheet Map, Directory Sheet Index dated 06/23/08 by Pope Associates, Inc.
Sheet Cl, Existing Conditions Plan dated 07/07/08 by Pope Associates, Inc.
Sheet C1.2, Preliminary Plat dated 07/07/08 by Pope Associates, Inc.
Sheet C2, Preliminary Site Plan dated 07/07/08 by Pope Associates, Inc.
Sheet C3, Preliminary Grading Drainage & Erosion Control Plan dated 07/07/08 by Pope
Associates, Inc.
Sheet C4, Preliminary Utility Plan dated 07/07/08 by Pope Associates, Inc.
Sheet L1, Preliminary Landscape Plan dated 06/03/08 by Pope Associates, Inc.
Sheet Al, Overall Site Plan dated 06/23/08 by Pope Associates, Inc.
Sheet A1.1, Site Plan dated 06/23/08 by Pope Associates, Inc.
Sheet A2, 1st &2nd Floor Plan dated 06/23/08 by Pope Associates, Inc.
Sheet A2, 1st&2nd Floor Plan dated 06/23/08 by Pope Associates, Inc.
Sheet A3, Elevations dated 06/23/08 by Pope Associates, Inc.
Sheet A3.1, Elevations dated 06/23/08, by Pope Associates, Inc.
Sheet A4, Roof Plan dated 6/23/08 by Pope Associates, Inc.
EXHIBIT C
DEVELOPMENT AGREEMENT— CH ROBINSON DATA CENTER AND OFFICE
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, except:
INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S
SUPPLEMENT TO THE DEVELOPER'S AGREEMENT)
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"),
Developer represents and warrants as follows now and at the time of dedication or
conveyance:
A. That Developer has marketable fee title free and clear of all mortgages, liens, and
other encumbrances. Prior to final plat approval, Developer shall provide to the
City a current title insurance policy insuring such a condition of title.
B. That Developer has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come in or on the Dedicated Property, any hazardous
substance, hazardous waste, pollutant, or contaminant, including, but not limited
to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec.
115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter
referred to as "Hazardous Substances");
C. That Developer has not allowed any other person to use, employ, deposit, store,
dispose of, place or otherwise have, in or on the Property, any Hazardous
Substances.
D. That no previous owner, operator or possessor of the Property deposited, stored,
disposed of, placed or otherwise allowed in or on the Property any hazardous
substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and
assigns, against any and all loss, costs, damage and expense, including reasonable
attorneys fees and costs that the City incurs because of the breach of any of the above
representations or warranties and/or resulting from or due to the release or threatened
release of Hazardous Substances which were, or are claimed or alleged to have been,
used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to
be located, in or on the Dedicated Property by Developer, its employees, agents,
contractors or representatives.
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.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar August 19, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C.
Randy L. Slick Final Plat Report of The Enclave at Old
Public Works /Engineering Shady Oak
Requested Action
Move to: Adopt the resolution approving the final plat of The Enclave at Old Shady
Oak Road.
Synopsis
This proposal is for the plat located west of Shady Oak Road and south of Highway 62. The plat
consists of 28.6 acres to be divided into forty-four single-family lots, five Outlots and right-of-
way for street purposes. This is a replat of Lots 1, 2, 3, 4 and Outlot A, Loosen Addition.
Background Information
The preliminary plat was approved by the City Council on June 3, 2008. Second reading of the
Rezoning Ordinance and final approval of the Developer's Agreement was completed on July
15, 2008.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of$2,464.
• Receipt of street lighting fee in the amount of$6,522.12.
• Receipt of street sign fee in the amount of$1,351.30.
• Prior to the release of the final plat, Developer shall provide to the City a current title
insurance policy.
• Satisfaction of bonding requirements for the installation of public improvements.
• Execution of Special Assessment Agreement for trunk utility improvements.
• The requirements as set forth in the Developer's Agreement.
• Prior to release of the final plat, Developer shall provide a Warranty Deed to the City
of Eden Prairie for Outlot B.
• Prior to release of the final plat, Developer shall submit and receive approval of a
Wetland Plan by the Environmental Coordinator.
• Prior to release of the final plat, Developer shall record and provide proof of filing the
Development Agreement at the County Recorder and/or Registrar of Titles.
Attachments
• Resolution
• Drawing of final plat
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2008-
A RESOLUTION APPROVING FINAL PLAT OF
THE ENCLAVE AT OLD SHADY OAK
WHEREAS, the plat of The Enclave at Old Shady Oak has been submitted in a manner required
for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota
Statutes and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for The Enclave at Old Shady Oak is approved upon compliance
with the recommendation of the Final Plat Report on this plat dated August 19, 2008.
B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the
owners and subdivision of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate of
approval on behalf of the City Council upon compliance with the foregoing provisions.
ADOPTED by the Eden Prairie City Council on August 19, 2008.
Phil Young,Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
1
THE ENCLAVE AT OLD SHADY OAK k.DOC.NO.
KNOW ALL MEN BY THESE PRESENTS:That Pemoeiner&Associates,LLC,slhnaed lnbility company,fee owner,of the following de Med property situated mlhe Stare STATE OF MINNESOTA
of Minnesota,County of Hennepin,to wit COUNTY OF HENNEPIN
That part of the Northeast Quatst of the Northeast Qmner of Romion 2,Township 116.Range22.Hennepin County.Minnesota desa@ed as follows:
The foregoing msbmvant was acknowledged before me this Any of___ 2008,by David B.Pembetton,Licensed Land Surveyor,Minnesota
Beginning at the Northwest comet ofsaid Northesat Qmner of Om Northeast Quarter.thence Somh to the Southwest comer thereok thence East a distance of05608 feet along License No.00306
the South line Memo[thence North a distance of50 feet parallel with the West Erne there°[thence Ert parallel with the South Ime thereof to the cenm.e of Shady Oak Road,
thence South along said centerline to the South line of said Northeast N.M.Quarter of the r
Quarter,thence East along said South line to s point 025.75 feet Wert Gam the
Southeast comer of mid Northeast Quarter of the Northeast Quarter,thence North parallel with the East line thereof to the North line of Me South 657.6 feet of said Northeast
Qtm er of the Northeast Quarter,thence West along said North Iwe to the East line of the West 606.5 feet of said Northeast Quarter of the Northeast Quarts,thence North Notary Public,Hennepin Cotmty,Mimes.
along said East fore to the North Tine therof,thence West to the point of beginning.
My Commission Ephes:
Except there.m the following de Med trsn:
Commencing at the Southeast coma of the Northeast Quarter of the Northeast Quarter of section 2,Township I I6,Rsoge 22,Hennepin County,MimesolE thence West sloog PLYMOUTH,MINNESOTA
the South Erne of the Northeast Quanta of the Northeast Quarter ofsaid section on an assumedbemmg of South RR degrees 35 mmmes02 seconds West a distance of025.75 feet
to the point of beginning;thence South 88 degrees 35 minutes 02 seconds West distance of 10662 feet to the ctoBlme ofexirting Old Shady Road;thence Nash W degrees
01 minutes 15 seconds West adistmce 0E50.00feet;thence South AA degrees 35 minutes 02 seconds West a distance of 10.27 fee,thence nomheasmly a distance of 180.2E This plat of THE ENCLAVE AT OLD SHADY OAK was approved and accepted by the City Council of Plymouth,Mimesom at a regular meeting held this day
feet Southeastfeet51ut secon , chord of ,2008.If applicable,the written comments and recommendations of the Commissions of Transportation and the County Highway Engmeahave been
degras29 minutes65 seconds East;thence North 66 degrees 25 minutes ll seconds East a distance 0E20.23feet;thence South 03 degres 07 minutes06 seconds Easter received by the City or the prescrMed 30 day period has elapsed without receipt of such comments and recommendations,as provided by Mimemta Statutes,Semen 505.03,
distance of 179.65 feet,to the post ofbegmnmg. Subdivision 2.
And that Scott V.Kevin,single,fee owns,of the following desmbed property situated in the State of Minnesota,Cotmty of Hennepin,to wit
By: ,Mayor By: ,Manager
Lots 1,2,3,6,and Oudot A,LOOSEN ADDITION,Henmpin Comity,Mimesme.
Have caused the same to be surveyed and platted as THE ENCLAVE AT OLD SHADY OAD and do hereby dame and dedicate to the public for public use forever the public ways
and the easements for damage and utility proposes as shown on this plat TAXPAYER SERVICES DEPARTMENT,Hennepin County,Minnesota
hi wtmess whereof said Pemstemer&Associates,LLC has musedthese presents tobe sigoedbyitsproperofficer this day of ,2008. thereby certify that tmesMarne in and prior years have been paid for hid desc.ed ondASplat.Dated this day of ,2008.
By:Pe msteiner&Associates,LLC
IT L Alverson,Hennepin County Auditor
Tory Per0515MW President By: peaty
STATE OF MINNESOTA SURVEY DIVISION,Hennepin County,Minnesota
COUNTY OF HENNEPIN
Put..to Minnesota Swum,Section 383B.565(1969).this plat hasbem appmvei this day of
The foregoing inslrurnent was acknowledged before me this day of _,2008,by Telly Pemsteinef.President,Pemsteinef&Associates,LLC..
behalf of the company.
William P.Brown,Hennepin County Surveyor
Notary Public,Hennepin County,Minnesota BY
My Commission Expires: COUNTY RECORDER,Hennepin Comm,Mimes.
In witness whereof said Scott V.Kevip,has hereunto set his hands this day of ,2WL I hereby certify that the within plat of THE ENCLAVE AT OLD SHADY OAK was filed in this office this____day of _200R,at
o'clock m.
By:Scott V.Kevht
Michael FL Conniff,Registry of Titles
Scott V.Kevitt
By: ,Deputy
STATE OF MINNESOTA
COUNTY O£HENNEPIN
The foregoing inrtnment was acknowledged before me this day of ,2008,by Scott V.Kevht.
Notary Public,Hennepin County,Minnesota
My Commission Exphes'
1 hereby certify that this plat of THE ENCLAVE AT OLD SHADY OAK is a comet representation of the bomdmy survey;that all mathematicaldam and labels are correctly
desigmted on the plat;that all monuments depicted on the plat have been or will be correctly set within one yedas indicated on the plat;that all water boundaries and wet lands as
of the date of the surveyor's certification are shown and labeled on theplat;that an public ways are shown and labeled on the plat.I fuller certify that this plat was prepared by me
or mdermy direct supervision and that I am a duly licensed Imd surveyor order the laws of the Stare of Mimes..
David B.PembMoo,Licens.Land Surveyor
Minnesota License No.00344
SATHRE-BERGQUIST,INC.
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CITY COUNCIL AGENDA DATE: August 19, 2008
SECTION: Consent Agenda
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D.
Community Development/Planning Termination of Hilltop Town
Janet Jeremiah/Regina Herron Office Development Agreement
Requested Action
Move to:
• Approve the Termination of Development Agreement for Hilltop Town Office.
Synopsis
The parties desire to terminate the Hilltop Development Agreement as the project was replaced
by the Wilson Office 2007 Development Agreement. This is at the request of the current owner
to clear up title records.
Attachments
1. Termination of Development Agreement
TERMINATION OF DEVELOPMENT AGREEMENT
This Termination of Development Agreement is entered into this 19th day of August,
2008, between the Meridian FC LLC, a Minnesota limited liability company ("Meridian"), and
the City of Eden Prairie, a Minnesota municipal corporation ("City"). Meridian and City shall
be collectively referred to herein as "Parties."
WHEREAS, the City and Arima L.L.C., a Minnesota limited liability company
("Arima"), entered into that certain Development Agreement dated October 5, 2004, filed of
record November 14, 2005 as Document Nos. 4187878 (Torrens) and 8695551 (Abstract)
("Hilltop Development Agreement") regarding the development of 6.89 acres located in the City
of Eden Prairie and legally described on the attached Exhibit"A" ("Real Property");
WHEREAS, Meridian is the owner of the Real Property and is the successor in interest to
Arima;
WHEREAS, the City entered into a Development Agreement for the Real Property with
Meridian, dated July 17, 2007, filed of record July 23, 2007 as Document Nos. 44084089
(Torrens) and 9011584 (Abstract) ("Wilson Development Agreement");
WHEREAS, the Hilltop Development Agreement and the Wilson Development
Agreement both cover the same 6.89 acres of the Real Property; and
WHEREAS, the Parties desire to terminate the Hilltop Development Agreement as the
same is no longer applicable to the Real Property and was replaced by the Wilson Development
Agreement;
NOW, THEREFORE, in consideration for the foregoing and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as
follows:
1. The Hilltop Development Agreement is hereby terminated.
2. The Wilson Development Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, this Termination of Development Agreement was executed
by the Parties as of the date first written above.
CITY OF EDEN PRAIRIE, a Minnesota
municipal corporation
Dated: By:
Phil Young
Its: Mayor
Dated: By:
Scott Neal
Its: City Manager
MERIDAN FC LLC, a Minnesota limited
liability company
Dated: By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2008, by Phil Young, the Mayor of the City of Eden Prairie, by on
behalf of said corporation.
Notary Public
My commission expires:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2008, by Scott Neal, City Manager of the City of Eden Prairie, by
on behalf of said corporation.
Notary Public
My commission expires:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2008, by the
of Meridian FC LLC, on behalf of said corporation.
Notary Public
My commission expires:
THIS INSTRUMENT WAS DRAFTED BY:
Kristy L. Warnen,Esq.
Gregerson,Rosow,Johnson&Nilan,Ltd.
650 Third Avenue South, Suite 1600
Minneapolis,MN 55402
Telephone: (612)436-7487
P:\Home\EP\COMMUNITY DEV\DAs\Wilson Office Meridan FC\Documents\Termination of Development Agreement 2008 07 30.rtf
EXHIBIT "A"
Lot 1, Block 1, Wilson Ridge 4th Addition.
A portion of the above being registered property described as follows:
That part of Lot 1, Block 1, Wilson Ridge 4th Addition lying Westerly of the following
described line: Commencing at the Northeast corner of the West Half of the Southwest
Quarter of Section 12, Township 116, Range 22; thence South along the East line of
said East Half of the Southwest Quarter a distance of 808.5 feet; thence Southwesterly
to a point in the center line of Valley View Road distance 15.5 feet Westerly, as
measured along said center line, from the East line of said West Half of the Southwest
Quarter and said line there terminating.
Hennepin County, Minnesota
CITY COUNCIL AGENDA DATE: August 19, 2008
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E.
Paul Sticha, Office of the City City Wide Monument Signage
Manager, Facilities
Requested Action
Move to: Award the contract to replace City wide monument signs to Signation Sign Group.
Synopsis
Base Bid Alternate 1 Alternate 2
Sign Source $63,982.50 $4750.00 $4750.00
Signation Sign Group $55,169.00 $3848.00 $3848.00
Background Information
In 2006 Council reviewed, selected and approved the installation of a new style monument sign,
available in four sizes depending on the location, with consistent verbiage and the new City logo,
for all of the Parks within the City. This recommended project will use the same approved
monument signs and replace the remaining monument signs at all City buildings. The buildings
include City Center, the Water Plant, the Maintenance Facility and Fire Stations 1, 2 and 3. The
existing sign frame at the Den Road Liquor Store will remain, but the faces of the sign will be
replaced with a new one consistent with the other new signs and with the new logo. Fire Station
4 and the Art Center, which currently have no signs, were included as Alternates 1 & 2 in the
event we choose to install the same monument sign there. Bldg. 51 has no sign and the
preference is that no sign be installed. Signage at Liquor Stores 1 & 3 is dictated by the building
owner and is not a part of this project.
Attachment
Request for Proposals
Contract
(Prairie
The Zt o 2 en
EDEN
PRAIRIE
110•WflRI.•10 1AM
REQUEST FOR PROPOSAL
CITY WIDE SIGNAGE PROJECT
OWNER' REPRESENTATIVE
Paul Sticha
The City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344-4485
952.949.8488
INTRODUCTION
This Request For Proposal examines one aspect of the first class operation
of the building(s) referenced in the following sections of this document.
The City of Eden Prairie owns and manages all of their buildings. "Owner",
"City of Eden Prairie" and "the City" will be used interchangeably in this
document. The following information will assist the Contractor in submitting
a clear and concise proposal to meet the specific needs of the City.
THE CITY OF EDEN PRAIRIE OBJECTIVES
• To consistently provide the highest quality of service and meet and
exceed the requests and expectations of our tenants, co-workers and
City residents.
• To effectively and efficiently manage operating costs while still
providing the highest level of service.
• To build partnerships with contractors who are interested in protecting
our interests and those of our tenants, co-workers and City residents.
• To demonstrate commitment to high quality service by encouraging
ideas from our contractors for ongoing service improvements to
exceed the expectations of our tenants, co-workers and City
residents.
CONTRACT
Attached as Exhibit A (41 pages) is a template of the standard City of Eden
Prairie Construction Agreement and the General Conditions that the
successful bidder will be expected to sign and abide by.
INVESTIGATION
Contractor must visit the project site to acquaint him or herself with the
surrounding territory, means of approach to site, conditions of actual job
site and facilities for delivery, storage and handling and placing of materials
and equipment. Often this will require an owner's representative to
accompany the Contractor on the site visit. Contractor must also compare
specifications with any work in place in order to be fully informed of all
conditions affecting execution of his work. Failure to visit the site or failure
to examine any and all of the contract documents will not relieve successful
bidder from necessity of furnishing any materials or equipment, or
performing any work that may be required to complete work in accordance
with the contract documents without additional cost to Owner.
INSURANCE REQUIREMENTS
Contractor must, at its sole cost and expense, maintain in effect at all times
during the full term of its Work under this Agreement, insurance coverage's
with Limits not less than those set forth below Please note that the Liability
requirement is $2,000,000:
General Liability: $1 ,000,000 per occurrence
$2,000,000 Aggregate
Automobile Liability: $1 ,000,000 per occurrence
Workers Compensation: $100,000 each accident
$500,000 policy limit
$100,000 each employee
Employer's Liability: $500,000 Each Accident
$500,000 Each Employee for Disease
$500,000 Policy Limit for Disease
Umbrella Liability: $1 ,000,000 combined single Limit of
Bodily Injury and Property Damage
Liability. (Acceptable as an alternative
to the above specified limits as long as
the liability coverage totals $2,000,000.)
PAYMENTS
Net 30 days from receipt of invoice.
GENERAL CONDITIONS
• Contractors will park in service areas or lots and use entries and exits
as designated by owner. Service personnel will contact the
appropriate person (i.e. receptionist, maintenance personnel,
security, etc,) immediately upon entering the building, and will sign in
and out if appropriate.
• Care, coordination and communication are imperative so that guests
and employees in the buildings are not disturbed or inconvenienced
during the performance of the contracted services.
• Contractor's personnel must be neat appearing and wear a uniform
and badge that clearly identifies them as a service contractor. Be
aware that most of our buildings have no smoking policies.
• The Contractor must honor the owner's request to reassign an
employee for cause. Cause may include performance below
acceptable standards or failure to present the necessary image or
attitude, in the judgment of the owner, to present a first class
operation.
• When necessary, service personnel will be provided with keys or
access cards in order to perform their work. Any lost keys or cards
that result in rekeying a space or other cost to the owner will be billed
back to the Contractor.
• The Contractor is responsible to hire, train and supervise all
employees and will comply with hiring practices according to federal,
state or local laws. The Contractor and all service personnel will
comply with all federal, state and local regulations regarding health
and safety standards and licensing requirements.
BUSINESS NARRATIVE
Please provide a company narrative based on the following suggestions.
Information or background that may indicate Contractor's attention to
quality service or innovative techniques is encouraged and should be
included in the narrative. The following suggestions are only a guideline,
so you may include as much or as little in your narrative as you deem
necessary.
• Company history, including background, experience, reputation,
operating philosophy.
• Description of services, including services provided, similar service
contracts currently in effect, control of operating costs, types and
brands of products used, suppliers that are affiliated with Contractor
and their relationship.
• Reference list with contact names and numbers that we can call.
• A brief, one page executive summary, suitable for review by the
Owner's Group. After Owner's review of the proposal and summary,
be prepared to give a brief, formal presentation to the Owner's Group
if requested.
PROPOSAL DUE DATE
Mail or deliver the proposal to the Owner's Representative as shown on the
cover page of this document. Proposals are required by 2:30 pm on
Friday, July 18, 2008. Any proposals received after that time will not be
considered. Written acceptance or rejection of Contractor's proposal will
be issued on or before August 6, 2008.
The Owner reserves the right to reject any or all proposals, to waive any
irregularities, or to accept any proposal which in the judgment of the owner
may be most advantageous.
SPECIFICATIONS
All proposals must include, as a minimum, the services and pricing
indicated on the following specifications. Any additional suggestions,
improvements to the specifications, or other recommended services are
encouraged and should be included as alternates.
• The buildings and properties included this City Wide Signage Project
are City Hall, Water Treatment Plant, Fire Stations 1 , 2, 3 and 4,
Maintenance Facility, Den Road Liquor and the Art Center.
• New monument signs have 4 nominal sizes which are 3'X5', 3'X7',
4'X9' and 6'X9'. The 6'X9' Specialty Sign will not be internally lighted,
nor will it have interchangeable letters, as indicated in the
specifications in Exhibit C (8 pages). Instead, verbiage will be
painted on as with the smaller monument signs. Actual dimensions
of monument signs are indicated in Exhibit C (8 pages).
• Single post signs at City Hall will have 2" diameter galvanized steel
posts. Existing 2" diameter sign posts may be reused by successful
bidder, if desired. However, sign locations must be verified and
approved by City staff prior to installation. Some post signs need to
be moved farther back from concrete curbs.
• Shop drawings of all signs must be submitted by the successful
bidder and approved by City staff prior to any manufacturing or
installation of signs.
• Generally, all new signs will be placed in the same location as the
existing signs to be replaced. However, all sign locations must be
verified and approved by City staff prior to installation, as
occasionally, signs may be moved slightly.
• City Center signage includes 7 monument signs at entries and street
corners, 33 directional/informational signs throughout the parking lot
and property, plus one existing "2 post" sign to be repainted. These
signs are indicated on Exhibit B (1 page), City Center Signage, with
nominal sign dimensions and preliminary verbiage listed for each
sign. Existing monument signs are shown in Exhibit B1 , B2, B3, B4 &
B5 (5 pages).
• The other 7 properties include 1 monument sign at each property.
These monument signs are indicated by a photo of the existing sign,
except that Fire Station 4 and the Art Center do not have monument
signs currently, and will be proposed as alternates. Verbiage will be
the same as on the existing signage, however, all verbiage must be
approved by City staff prior to manufacture.
• Fire Station 1 , 2 & 3, the Water Treatment Plant and the Maintenance
Facility will be the nominal 4'X9' sign. Verbiage will match existing
signs, shown as Exhibits G1 , G2, G3, G4, & G5 (5 pages).
• Fire Station 4 and the Art Center monument signs will be bid as
alternates 1 and 2 and both monument signs will be the nominal 4'X9'
sign.
• In every case except Den Road Liquor, Fire Station 4 and the Art
Center, the properties include existing signage that is to be removed
and properly disposed of by the successful contractor. Some of the
existing monument signs have concrete and/or brick bases that also
must be removed and properly disposed of by the successful
contractor. Gopher One must be called to locate public utilities and
the City of Eden Prairie must be called to locate private utilities prior
to any removal or installation of signage.
• Construction of monument signage, frost footings and concrete bases
must conform to the plans and specifications in Exhibit C (8 pages).
• The Den Road Liquor sign structure will remain, with all of the "faces"
to be replaced as indicated in Exhibits El & E2 (2 pages). Existing
sign is shown in Exhibit E3 (1 page).
• Examples of directional/informational signage for City Center and
possible variations of verbiage for monument signs are shown in
Exhibit D (2 pages). Verbiage for directional/informational signage is
indicated on Exhibit B (1 page). Verbiage must be verified for all
signage before manufacture of signs begins.
• Building addresses are listed in Exhibit F (1 page).
• Base Bid will include all signage for City Center, Water Plant, Fire
Stations 1 , 2 & 3, the Maintenance Facility and Den Road Liquor.
• Alternate 1 will be for the monument sign at Fire Station 4
• Alternate 2 will be for the monument sign at the Art Center.
Standard Agreement for Contract Services
City Wide Signage 2008
Signation Sign Group
This Agreement is made on the 19th day of August, 2008, between the City of
Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell
Road, Eden Prairie, MN 55344, and Signation Sign Group, a Minnesota corporation
(hereinafter "Contractor") whose business address is 6840 Shingle Creek Parkway,
Suite 31, Brooklyn Center, MN 55430.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide
a variety of services for City projects. That policy requires that persons, firms or
corporations providing such services enter into written agreements with the City. The
purpose of this Agreement is to set forth the terms and conditions for the provision of
services by Contractor for Signage Construction and Installation hereinafter referred to
as the "Work".
The City and Contractor agree as follows:
1. Scope of Work/Proposal. The Contractor agrees to provide the services shown in "Request
for Proposal, City Wide Signage Project" in connection with the Work. The terms of this
agreement shall take precedence over any provisions of the Contractor's proposal and/or
general conditions.
2. Term. The term of this Agreement shall be from August 19th, 2008 through December 31, 2008,
the date of signature by the parties notwithstanding. This Agreement may be extended upon
the written mutual consent of the parties for such additional period as they deem appropriate,
and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $62,865.00 as
full and complete payment for the labor, materials and services rendered pursuant to this
Agreement and as described in the Request for Proposal.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
b. Special consultants may be utilized by the Contractor when required by the complex or
specialized nature of the Project and when authorized in writing by the City.
c. If Contractor is delayed in performance due to any cause beyond its reasonable control,
including but not limited to strikes, riots, fires, acts of God, governmental actions, actions
of a third party, or actions or inactions of City, the time for performance shall be
extended by a period of time lost by reason of the delay. Contractor will be entitled to
payment for its reasonable additional charges, if any, due to the delay.
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4. City Information. The City agrees to provide the Contractor with the complete information
concerning the Scope of the Work and to perform the following services:
a. Access to the Area. Depending on the nature of the Work, Contractor may from time to
time require access to public and private lands or property. As may be necessary, the
City shall obtain access to and make all provisions for the Contractor to enter upon
public and private lands or property as required for the Contractor to perform such
services necessary to complete the Work.
b. Consideration of the Contractor's Work. The City shall give thorough consideration to all
reports, sketches, estimates, drawings, and other documents presented by the
Contractor, and shall inform the Contractor of all decisions required of City within a
reasonable time so as not to delay the work of the Contractor.
c. Standards. The City shall furnish the Contractor with a copy of any standard or criteria,
including but not limited to, design and construction standards that may be required in
the preparation of the Work for the Project.
d. Owner's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall have
complete authority to transmit instructions, receive information, interpret, and define the
City's policy and decisions with respect to the services provided or materials, equipment,
elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized
invoice for services performed under this Agreement. Invoices submitted shall be paid in the
same manner as other claims made to the City.
a. Invoices. Contractor shall verify all statements submitted for payment in compliance with
Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if
provided for in Exhibit A, the Contractor shall provide an itemized listing and such
documentation as reasonably required by the City. Each invoice shall contain the City's
project number and a progress summary showing the original (or amended) amount of
the contract, current billing, past payments and unexpended balance of the contract.
b. Suspended Work. If any work performed by the Contractor is suspended in whole or in
part by the City, the Contractor shall be paid for any services performed prior to receipt
of written notice from the City of such suspension, all as shown on Exhibit A.
c. Payments for Special Consultants. The Contractor shall be reimbursed for the work of
special consultants, as described in Section 3B, and for other items when authorized in
writing by the City.
d. Claims. To receive any payment on this Agreement, the invoice or bill must include the
following signed and dated statement: "I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid."
6. Project Manager and Staffing. The Contractor has designated Doug Glienke to serve on the
Project. He shall be assisted by other staff members as necessary to facilitate the completion
of the Work in accordance with the terms established herein. Contractor may not remove or
replace these designated staff from the Project without the approval of the City.
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7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with
the standard of care in Hennepin County, Minnesota for professional services of the like kind.
8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by
the Contractor under this Agreement which the City requests to be kept confidential, shall not be
made available to any individual or organization without the City's prior written approval. The
books, records, documents and accounting procedures and practices of the Contractor or other
parties relevant to this Agreement are subject to examination by the City and either the
Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this
Contract. The Contractor shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota
Government Data Practices Act, to the extent the Act is applicable to data and documents in the
possession of the Contractor.
9. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof,
by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the
Contractor within ten (10) days after the date fixed in the written notice from the City to the
Contractor to do so.
If the City's suspension of all or part of the Work causes additional expenses not due to the fault or
negligence of the Contractor, the City shall reimburse the Contractor for the additional expense
incurred due to suspension of the work. Claims for such compensation, with complete
substantiating records, shall be filed with the Engineer within ten (10) days after the date of order
to resume Work in order to receive consideration. This paragraph shall not be construed as
entitling the Contractor to compensation for delays due to inclement weather, failure to furnish
additional surety or sureties specified herein, for suspension made at the request of the
Contractor, or for any other delay provided for in this Agreement.
10. Private Property. The Contractor shall not enter upon private property for any purpose without
having previously obtained permission from the City. The Contractor shall be responsible for the
preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants,
lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas
lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private
property along or adjacent to the work.
11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract,
before acceptance of the Work by the City, the Contractor shall remove all of Contractor's
equipment, tools and supplies from the property of the City. Should the Contractor fail to remove
such equipment, tools and supplies, the City shall have the right to remove them and deduct the
cost of removal from any amount owed to Contractor.
12. City's Right to Correct Deficiencies. If the Contractor should neglect to prosecute the Work
properly or fail to perform any provision of this Contract, the City after ten (10) days written notice
to the Contractor may, without prejudice to any other remedy he may have, make good such
deficiencies and may deduct the cost thereof from the payment then or thereafter due the
Contractor.
13. City's Right to Termination Agreement and Complete the Work. The City has the right to
terminate this Agreement for any of the following reasons:
a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of
creditors, or becomes insolvent;
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b. Failure of Contractor to supply adequate properly skilled workmen or proper materials;
c. Failure of Contractor to make prompt payment to subcontractor for material or labor;
d. Any disregard of laws, ordinances or proper instructions of the City;
e. Assignment or work without permission of the City;
f. Abandonment of the work by Contractor;
g. Failure to meet the work progress schedule set forth in this Agreement;
h. Unnecessary delay which, in the judgment of the Engineer, will result in the work not being
completed in the prescribed time.
Termination of the Agreement shall be preceded by seven (7) days written notice by the City to the
Contractor and his surety stating the grounds for termination and the measures, if any, which must
be taken to assure compliance with the Agreement. The Agreement shall be terminated at the
expiration of such seven (7) day period unless the City Council shall withdraw its notice of
termination.
Upon termination of the Agreement by the City, the City may complete the Work required by the
Contract by whatever means it deems expedient, including requiring the Contractor's surety to
complete the Work.
The taking over of the work by the City upon Agreement termination shall not affect the right of the
City to recover liquidated damages from the Contractor or his surety for failure to complete the
Agreement.
In the event that the Contractor involuntarily abandons the Work, fails or refuses to complete the
Work or fails to pay just claims for labor or material, the City reserves the right to charge against
the Contractor all extra legal, engineering, or other costs resulting from such abandonment, failure
or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in
connection with such abandonment, failure or refusal, and non-payment of claims wherein the City
is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's
fees.
When the City assumes control of the Work pursuant to termination the City may take possession
of the Work and all material, tools and equipment therein belonging to the Contractor and may use
the same to complete the Work at Contractor's expense.
Upon Agreement termination, the Contractor shall not be entitled to receive any further payment
until the Work is finished. If the unpaid balance of the contract price exceeds the expense of
finishing the Work, including compensation for additional managerial and administrative services,
the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the
Contractor shall pay the difference to the City.
14. Contractor's Right to Terminate Agreement. The Contractor may terminate this Agreement
upon ten (10) days written notice to the City for any of the following reasons:
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a. If an order of any court or other public authority caused the Work to be stopped or
suspended for a period of 90 days through no act or fault of the Contractor or his
employees.
b. If the City should fail to pay any undisputed sum owed Contractor within thirty (30) days
after the sum becomes due.
15. Contract Bond. Before execution of this Agreement, the City reserves the right to require
Contractor to furnish the City a Payment Bond and Performance Bond in amounts to be
determined by the City, conditioned as required by Minnesota Statutes, Section 574.26. The
Performance and Payment Bonds shall remain in full force and effect through the guaranty period.
16. Guarantee, The Contractor shall warrant and guarantee and agree to maintain the stability of all
Work and materials done, furnished and installed under this Agreement for a period of one (1)
year after final payment in accordance with the provisions of the Agreement and the Performance
Bond. The date of final payment is the date of Council action approving final payment. The
obligation of the Contractor pursuant to this section shall be in addition to and not in limitation of
any obligations imposed upon him by any other provision of this Agreement or any other obligation
imposed or prescribed by law. The Contractor warrants to the Owner that all materials and
equipment furnished under this Contract will be new unless otherwise specified, and that all work
will be of good quality, free from faults and defects and in conformance with this Agreement. All
Work not conforming to these requirements, including substitutions not properly approved and
authorized, may be considered defective.
17. Subcontractor. The Contractor shall not enter into subcontracts for services provided under
this Agreement except as noted in the Scope of Work, without the express written consent of
the City. The Contractor shall bind every subcontractor and every subcontractor shall agree to be
bound by the terms of this Agreement as far as applicable to his work, unless specifically noted to
the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall
pay any subcontractor involved in the performance of this Agreement within the ten (10) days of
the Contractor's receipt of payment by the City for undisputed services provided by the
subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed
amount for which the Contractor has received payment by the City, the Contractor shall pay
interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any
part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100
or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual
interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to
collect interest penalties from the Contractor shall be awarded its costs and disbursements,
including attorney's fees, incurred in bringing the action.
18. Independent Contractor. At all times and for all purposes herein, the Contractor is an
independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Contractor an employee of the City.
19. Non-Discrimination. During the performance of this Agreement, the Contractor shall not
discriminate against any employee or applicants for employment because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, disability,
sexual orientation or age. The Contractor shall post in places available to employees and
applicants for employment, notices setting forth the provision of this non-discrimination clause
and stating that all qualified applicants will receive consideration for employment. The
Contractor shall incorporate the foregoing requirements of this paragraph in all of its
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subcontracts for program work, and will require all of its subcontractors for such work to
incorporate such requirements in all subcontracts for program work. The Contractor further
agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes
363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act
of 1990.
20. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without
the written consent of the other party.
21. Services Not Provided For. No claim for services furnished by the Contractor not specifically
provided for herein shall be honored by the City.
22. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any
reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not
affect the remaining provisions of this Agreement.
23. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement
supersedes all oral agreements and negotiations between the parties relating to the subject
matter hereof as well as any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in writing and duly signed by
the parties, unless otherwise provided herein.
24. Compliance with Laws and Regulations. In providing services hereunder, the Contractor
shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services
to be provided. The Contractor and City, together with their respective agents and employees,
agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes
Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any
violation of statutes, ordinances, rules and regulations pertaining to the services to be provided
shall constitute a material breach of this Agreement and entitle the City to immediately terminate
this Agreement.
25. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not
affect, in any respect, the validity of the remainder of this Agreement.
26. Indemnification. Contractor agrees to defend, indemnify and hold the City, its officers, and
employees harmless from any liability, claims, damages, costs, judgments, or expenses,
including reasonable attorney's fees, resulting directly or indirectly from a negligent act or
omission (including without limitation professional errors or omissions) of the Contractor, its
agents, employees, or subcontractors in the performance of the services provided by this
Agreement and against all losses by reason of the failure of said Contractor fully to perform, in
any respect, all obligations under this Agreement.
27. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay
for such insurance as will protect against claims for bodily injury or death, or for damage
to property, including loss of use, which may arise out of operations by Contractor or by
any subcontractor or by anyone employed by any of them or by anyone for whose acts
any of them may be liable. Such insurance shall include, but not be limited to, minimum
coverages and limits of liability specified in this Paragraph, or required by law. The
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policy(ies) shall name the City as an additional insured for the services provided under
this Agreement and shall provide that the Contractor's coverage shall be primary and
noncontributory in the event of a loss.
b. Contractor shall procure and maintain the following minimum insurance coverages and
limits of liability on this Project:
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Comprehensive Liability $1,000,000 property damage per occurrence
$2,000,000 general aggregate
$2,000,000 Products— Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit (shall include coverage
for all owned, hired and non-owed vehicles.
Umbrella or Excess Liability $2,000,000
c. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent
in coverage to ISO form CG 0001, and shall include the following:
i. Premises and Operations coverage with no explosions, collapse, or underground
damage exclusion (XCU).
ii. Products and Completed Operations Property Damage coverage. Contractor
agrees to maintain this coverage for a minimum of two (2) years following
completion of its work.
iii. Personal injury with Employment Exclusion (if any) deleted.
iv. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent.
v. Broad Form Property Damage coverage, including completed operations, or its
equivalent.
vi. Additional Insured Endorsement(s) on ISO form CG 2010, or its equivalent,
naming "the City of Eden Prairie." The additional insured form needs to extend
protection for"product and completed operations".
vii. If the Work to be performed is on an attached community, there shall be no
exclusion for attached or condominium projects.
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viii. "Stop gap" coverage for work in those states where Workers' Compensation
insurance is provided through a state fund if Employer's liability coverage is not
available.
ix. Incidental Malpractice and Host Liquor Liability insurance applicable to the
Contractor's performance under this Agreement.
x. Severability of Insured's provision.
d. Contractor shall maintain in effect all insurance coverages required under this Paragraph
at Contractor's sole expense and with insurance companies licensed to do business in
the state in Minnesota and having a current A.M. Best rating of no less than A-, unless
specifically accepted by City in writing. In addition to the requirements stated above, the
following applies to the insurance policies required under this Paragraph:
i. All polices shall be written on an "occurrence" form ("claims made" and "modified
occurrence" forms are not acceptable);
ii. All polices shall be apply on a "per project" basis;
iii. All policies, except the Worker's Compensation Policy, shall contain a waiver of
subrogation naming "the City of Eden Prairie";
iv. All policies, except the Worker's Compensation Policy, shall name "the City of
Eden Prairie" as an additional insured;
v. All policies, except the Worker's Compensation Policy, shall insure the defense
and indemnity obligations assumed by Contractor under this Agreement; and
vi. All polices shall contain a provision that coverages afforded there under shall not
be canceled or non-renewed or restrictive modifications added, without thirty (30)
days prior written notice to the City.
e. A copy of the Contractor's insurance declaration page, Rider and/or Endorsement,
as applicable, which evidences the compliance with this Paragraph 27, must be
filed with City prior to the start of Contractor's Work. Such documents evidencing
Insurance shall be in a form acceptable to City and shall provide satisfactory evidence
that Contractor has complied with all insurance requirements. Renewal certificates shall
be provided to City prior to the expiration date of any of the required policies. City will not
be obligated, however, to review such declaration page, Rider, Endorsement or
certificates or other evidence of insurance, or to advise Contractor of any deficiencies in
such documents and receipt thereof shall not relieve Contractor from, nor be deemed a
waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City
reserves the right to examine any policy provided for under this paragraph.
f. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the
specified insurance, then Contractor will defend, indemnify and hold harmless the City, the
City's officials, agents and employees from any loss, claim, liability and expense (including
reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the
same protection as would have been provided by the specified insurance. Except to the
extent prohibited by law, this indemnity applies regardless of any strict liability or
8
negligence attributable to the City (including sole negligence) and regardless of the extent
to which the underlying occurrence (i.e., the event giving rise to a claim which would have
been covered by the specified insurance) is attributable to the negligent or otherwise
wrongful act or omission (including breach of contract) of Contractor, its subcontractors,
agents, employees or delegates. Contractor agrees that this indemnity shall be construed
and applied in favor of indemnification. Contractor also agrees that if applicable law limits
or precludes any aspect of this indemnity, then the indemnity will be considered limited
only to the extent necessary to comply with that applicable law. The stated indemnity
continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Contractor
to:
a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
b. Furnish a written acceptance of tender of defense and indemnity from Contractor's
insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving
notice from the City.
28. Ownership of Documents. All plans, diagrams, analyses, reports and information generated
in connection with the performance of the Agreement ("Information") shall become the property
of the City, but Contractor may retain copies of such documents as records of the services
provided. The City may use the Information for its purposes and the Contractor also may use
the Information for its purposes. Use of the Information for the purposes of the project
contemplated by this Agreement ("Project") does not relieve any liability on the part of the
Contractor, but any use of the Information by the City or the Contractor beyond the scope of the
Project is without liability to the other, and the party using the Information agrees to defend and
indemnify the other from any claims or liability resulting there from.
29. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to
this Service Agreement or the relationships which result from this Agreement shall be subject to
mediation as a condition precedent to initiating arbitration or legal or equitable actions by either
party. Unless the parties agree otherwise, the mediation shall be in accordance with the
Commercial Mediation Procedures of the American Arbitration Association then currently in
effect. A request for mediation shall be filed in writing with the American Arbitration Association
and the other party. No arbitration or legal or equitable action may be instituted for a period of
90 days from the filing of the request for mediation unless a longer period of time is provided by
agreement of the parties. Cost of mediation shall be shared equally between the parties.
Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed
upon by the parties. The parties shall memorialize any agreement resulting from the mediation
in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in
any court having jurisdiction thereof.
30. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
31. Conflicts. No salaried officer or employee of the City and no member of the Board of the City
shall have a financial interest, direct or indirect, in this Contract. The violation of this provision
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renders the Contract void. Any federal regulations and applicable state statutes shall not be
violated.
32. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall
be considered an original.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
By: Phil Young, its Mayor
By: Scott Neal, its City Manager
CONTRACTOR
By:
Its:
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda August 19, 2009
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F.
Sue Kotchevar, Office of the Approve Second Amendment to Prairie
City Manager Village Lease
Requested Action
Move to: Approve Second Amendment to Prairie Village Lease.
Synopsis
The current lease of the Prairie Village Liquor operations expires as of 12/31/2010. An
opportunity has been identified at the Prairie Village Mall for the liquor operations as additional
space has become vacant at the mall. The lease increases the square footage of the liquor store
from approximately 5,250 square feet to 8,001 square feet. This is approximately the same size
as the Den Road Store. The store would relocate to part of the premises currently occupied by
Snyders and the store would have access to the signage on the pylon as well as on the main
archway entry into the new premises. Landlord is providing a turnkey operation and will invest
approximately $320,000 into the new premises. The City is responsible for furniture, fixtures,
signage, design, security, communications, etc. The lease is for a ten year period and provides a
favorable lease rate of$14.00 a square foot with a three percent increase annually.
The lease calls for the new store to be operational by November 10th, 2008. If for some reason
this date is not met, the store opening would be delayed until January 9th. This would provide for
less business interruption during the busy holiday season.
Attachments
Lease Amendment
SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT TO LEASE ("Amendment") is made and entered into
this day of , 2008, by and between Prairie Partners Six, LLP, a Minnesota
limited liability partnership ("Landlord"), and the City of Eden Prairie ("Tenant").
WITNESSETH:
WHEREAS, Landlord and Tenant executed that certain Lease dated as of August 31,
2000, as amended by a First Amendment dated March 1, 2006 (collectively, "Lease"),
concerning the leasing of approximately 5,250 square feet of space that is crosshatched on
Exhibit A to the Lease ("Initial Premises") that is located in Space Number 16502 in that certain
shopping center ("Shopping Center") commonly referred as Prairie Village Shopping Center at
16500 Highway 5, Eden Prairie, Minnesota; and
WHEREAS, Tenant has requested and Landlord has agreed to allow Tenant to expand,
and as a result, to substitute the Initial Premises with other space within the Shopping Center;
and
WHEREAS, Tenant wishes to surrender the Initial Premises to Landlord and to relocate
to Space Number 16508, which consists of approximately 8,001 rentable square feet of space
(the "Relocation Premises"), which was previously occupied by Snyder's Drugstore
Incorporated, as depicted on the attached Exhibit A; and
WHEREAS, Tenant shall pay the cost of moving itself, its property and equipment from
the Initial Premises to the Relocation Premises and shall comply with the terms of the Lease with
regards to the surrender of the Initial Premises; and
WHEREAS, Landlord and Tenant desire to set forth their agreement concerning certain
amendments to the Lease according to the terms and conditions set forth below.
NOW, THEREFORE, in consideration of the mutual promises of the parties hereto and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Lease shall be amended as follows:
1. Recitals. The above recitals shall constitute an integral part of this Amendment.
2. Capitalized Terms. Capitalized terms set forth in this Amendment shall have the
same meaning as in the Lease,unless specifically modified and amended herein.
3. Relocation Date. The relocation date for the Relocation Premises shall be
November 10, 2008 (the "Relocation Date"); provided, however that Tenant shall be entitled to
have access to the Relocation Premises beginning on September 1, 2008, without any Minimum
Annual Rental payable hereunder, provided that Tenant's early access shall be conducted in such
a manner as to not interfere with Landlord's Work (as hereinafter defined). Tenant's early
access shall be subject to all provisions of the Lease and such early access shall be at Tenant's
sole risk, except the obligation to pay Minimum Annual Rental; such access shall not advance
the Relocation Termination Date. Notwithstanding said Relocation Date, if for any reason
Landlord cannot deliver possession of the Relocation Premises with Landlord Improvements
completed to Tenant on said date, Landlord shall not be subject to any liability therefore, nor shall
such failure affect the validity of the Lease or the obligations of Tenant hereunder, but in such case,
Tenant shall not be obligated to pay Minimum Annual Rental or perform any other obligation of
Tenant under the terms of the Lease for the Relocation Premises until possession of the Relocation
Premises is tendered to Tenant. Furthermore, if the Landlord cannot deliver possession of the
Relocation Premises, with Landlord Improvements completed, to Tenant on said date, the
Relocation Date will become January 9,2009.
4. Termination Date for Initial Premises. The termination date ("Termination
Date") for the Initial Premises shall be the latter of: (i) November 11, 2008 or (ii) the date that
Tenant tenders possession of the Initial Premises to Landlord in accordance with the terms and
conditions of the Lease. Tenant shall be responsible for all costs and expenses relating to
moving itself, its property and equipment from the Initial Premises to the Relocation Premises.
Tenant shall follow the procedures set forth in the Lease with regards to the surrender of the
Initial Premises on or by the Relocation Date.
5. Premises. Up to the Termination Date, Tenant shall continue to lease from
Landlord the Initial Premises upon the terms and conditions of the Lease. Commencing on the
Relocation Date, and provided Tenant has surrendered the Initial Premises in the condition
required in the Lease, the definition of Premises for purposes of this Lease shall consist solely of
the Relocation Premises (hereinafter referred to as the "Premises").
6. Term of Lease for Relocation Premises. The Term of the Lease for the
Relocation Premises shall be for a period of ten (10) years from and after the Relocation Date
(the "Relocation Term") and shall terminate on November 30, 2018 ("Relocation Termination
Date").
7. Rent. Until the Termination Date for the Initial Premises, Tenant shall pay to
Landlord Minimum Annual Rental for the Initial Premises in the amount indicated in the Lease.
Commencing on the Relocation Date, Tenant shall pay Minimum Annual Rental for the
Relocation Premises as follows:
Minimum
Term Rate(psf) Annual Rental Monthly Rental
11/10/08— 10/31/09 $14.00 $111,999.96 $9,333.33
11/1/09— 10/31//10 $14.42 $115,359.96 $9,613.33
11/1/10— 10/31/11 $14.85 $118,800.00 $9,900.00
11/1/11 — 10/31/12 $15.30 $122,400.00 $10,200.00
11/1/12— 10/31/13 $15.76 $126,080.04 $10,506.67
11/1/13— 10/31/14 $16.23 $129,840.00 $10,820.00
1 11/1/14— 10/31/15 $16.72 $133.760.04 $11,146.67
-2-
11/1/15— 10/31/16 $17.22 $137,760.00 $11,480.00
11/1/16— 10/31/17 $17.74 $141,920.04 $11,826.67
11/1/17— 10/31/18 $18.27 $146.160.00 $12,180.00
The actual Minimum Annual Rental shall be determined by the actual square footage of the
Relocation Premises, which Tenant shall have the right to verify based on BOMA standard and
shall pay Minimum Annual Rental based only on the actual square footage of the Relocation
Premises.
Provided Tenant is not then in default under the Lease beyond any applicable grace periods,
Minimum Annual Rental for the Relocation Premises shall be abated from 11/11/08-12/10/08.
In the event Tenant is then in default under the Lease beyond any applicable grace periods,
Tenant shall not receive said Minimum Annual Rental abatement and Tenant's obligation to pay
Minimum Annual Rental shall be continuing and ongoing. The abatement discussed above
applies to Minimum Annual Rental only; it does not apply to Tenant's Proportionate Share of
CAM and Taxes.
8. Common Area Maintenance and Taxes. Up to the Termination Date, Tenant shall
pay Tenant's Proportionate Share of Common Area Maintenance ("CAM") and Taxes incurred
for the Initial Premises in the amount indicated in the Lease. Effective as of the Relocation Date,
the numerator of the fraction utilized to calculate Tenant's Proportionate Share of CAM and
Taxes for the Relocation Premises shall be 8,001 square feet, which is the square footage
contained in the Relocation Premises, and the denominator shall be 78,503 square feet, which is
the total square footage of the Shopping Center. Landlord and Tenant acknowledge that,
effective as of the Relocation Date, Tenant's Proportionate Share of CAM and Taxes for the
Relocation Premises shall be ten point two percent(10.2%).
9. Security Deposit. Tenant shall not be obligated to a security deposit upon
execution of this Amendment.
10. Signage. Tenant shall comply with the signage requirements and criteria for the
Relocation Premises as set forth on Exhibit D to the Lease. Notwithstanding the foregoing,
Tenant shall have the right to install approved signage on the pylon as well as on the main
archway entry into the Relocation Premises.
11. Landlord Improvements. Landlord shall complete the following improvements to
the Relocation Premises as depicted on Exhibit B to this Amendment and provide the space in
"turnkey" condition no later than the Relocation Date (collectively, "Landlord's Work").
Landlord hereby warrants that (i) as of the date of delivery of possession of the Relocation
Premises, the Relocation Premises is in compliance with current ADA, fire and life safety codes
and regulations and (ii) Landlord agrees to construct a demising wall for the Relocation
Premises. The cost of any improvements beyond Landlord's Work as contemplated pursuant to
Exhibit B to this Amendment, shall be at Tenant's sole cost and expense, including but not
limited to any changes to Landlord's Work made at the request of Tenant or otherwise
-3-
authorized by Tenant, and installation of any security systems including card key or CCTV
systems, which shall be governed by Article 7.
12. Article 1.5 and Article 29. As of the Effective Date (as hereinafter defined),
Article 1.5 and Article 29 of the Lease is hereby deleted in its entirety.
13. Article 1.4. Article 1.4 is amended by deleting the words "drugstore or" in the 1st,
3rd, 6th and 7th lines.
14 Brokerage. Tenant represents and warrants that neither it nor its officers or
agents, nor anyone acting on its behalf has engaged no broker, agent or other person in
connection with this transaction other than Jones Lang LaSalle Americas Inc. Company
("Tenant's Broker"). Landlord represents and warrants that neither it nor its officers or agents,
nor anyone acting on its behalf has engaged no broker, agent or other person in connection with
this transaction. Landlord and Tenant represent and warrant that no person or entity other than the
Tenant's Broker is entitled to receive any real estate brokerage or leasing commissions or finder's
fees by reason of the execution of this Amendment. Landlord shall be responsible for all
brokerage commissions associated with this Lease. Tenant agrees to indemnify and hold
Landlord, its agents, employees, partners, directors, shareholders and independent contractors
harmless from all liabilities, costs, demands,judgments, settlements, claims and losses, including
reasonable attorneys' fees and costs, incurred by Landlord in conjunction with any such claim or
claims of any other broker or brokers claiming to have interested Tenant in the Relocation
Premises or the Shopping Center, or to have caused Tenant to enter into this Amendment. David
Kirkland of CB Richard Ellis is both an agent and an owner of the Shopping Center.
15. Counterparts. This Amendment may be executed in any number of counterparts,
each of which when so executed, shall be deemed to be an original, and all of which counterparts
of this Amendment, taken together, shall constitute but one and the same instrument.
16. Construction. This Amendment shall be construed under the laws of the State of
Minnesota. Whenever possible, each provision of this Amendment shall be interpreted in such
manner as to be effective and valid under applicable law. If any such provision of this
Amendment shall be determined to be invalid or unenforceable, such provision shall not be
ineffective to the extent of such prohibition or invalidity without invalidating or otherwise
affecting the remaining provisions of this Amendment.
17. Survival of Other Terms and Conditions. Except as modified herein, all other
terms and conditions of the Lease shall remain in full force and effect, and nothing herein shall
be construed to relieve either Landlord or Tenant of any obligations as set forth therein.
17. Entire Agreement. The Lease, this Amendment, and the Exhibits attached
thereto, constitute the entire understanding of the parties hereto with respect to the transaction
contemplated thereby, and supersede all prior agreements and understandings between the parties
with respect to the subject matter. No representations, warranties, undertakings or promises,
-4-
whether oral, implied, written or otherwise, have been made by either party hereto to the other
unless expressly stated in the above-referenced documents, or unless mutually agreed to in
writing between the parties hereto after the date hereof, and neither party has relied upon any
verbal representations, agreements or understandings not expressly set forth herein.
19. Submission of Amendment. The submission of this Amendment for examination
does not constitute a reservation of or option for the Relocation Premises and this Amendment
shall become effective only upon execution and delivery thereof by Landlord and Tenant.
[Remainder of page intentionally blank; signature page follows]
-5-
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
Lease as of the day and year first above written("Effective Date").
LANDLORD: PRAIRIE PARTNERS SIX, LLP,
a Minnesota limited liability partnership
By
Name
Its
TENANT: THE CITY OF EDEN PRAIRIE
By
Name
Its
THE CITY OF EDEN PRAIRIE
By
Name
Its
422893_5
-6-
EXHIBIT A
Relocation Premises
-7-
EXHIBIT B
Landlord's Work
-8-
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar August 19, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G.
Stuart A. Fox, Parks and Permit for Winter Use of the LRT Trail
Natural Resources Manager
Requested Action
Move to: Authorize staff to submit a Winter Use Permit to Three Rivers Park District for the
2008-2008 winter season usage of the LRT trail. The winter use permit will run from
November 15, 2008 to March 31, 2009.
Synopsis
Currently, Three Rivers Park District does not provide use or maintenance of the LRT trail
between November 15 and March 31 of each year; therefore, it is up to the City to request
permitted use of the trail during this time. The City has entered into a permit agreement for the
past several winters with Three Rivers to allow the public to hike/walk and cross-country ski on
the LRT corridor trail. The park staff plows the LRT for walking activities but does not set tracks
for cross-country skiing. Without the City applying and receiving this winter use permit, the trail
would be signed as closed and therefore unavailable to the public.
Attachment
2008-2009 Winter Trail Activities Permit Application
THREE RIVERS PARK DISTRICT
REGIONAL TRAIL SYSTEM
2008-2009 WINTER USE PERMIT
Name of City C n'I )FA P?Al2/E City Hall Phone q62-94ci 8300
Contact Person STL)Al2.i Fox Phone S2- '149-B44c
Regional Trail From Cowry 2D. (aZ , to RtLEH Li4A
Authorized 2008-2009 Winter Activities [.OALEsto& f tzEis COON-PI SKiaNC,,
Regional Trail From to
Authorized 2008-2009 Winter Activities
Regional Trail From to
Authorized 2008-2009 Winter Activities
Regional Trail From to
Authorized 2008-2009 Winter Activities
Authorization is hereby requested from the Park District Board of Commissioners to use
portions of the Regional Trail Corridor for winter use activities between November 15, 2008
and March 31, 2009, as determined by each municipality within guidelines set forth herein on
District property located within individual City boundaries.
It is understood and agreed that approval from the Park District Board of Commissioners is
contingent upon the following conditions:
1. The City agrees to defend, indemnify, and hold harmless the Park District, its
officials, officers, agents, volunteers, and employees from any liability, claims,
causes of action, judgments, damages, losses, costs or expenses, including
reasonable attorney's fees, resulting directly or indirectly from any act or omission of
the City, its respective contractors, anyone directly or indirectly employed by the,
and/or anyone for whose acts and/or omissions they may be liable for related to the
winter use of the Regional Trail Corridor. If City maintains general liability insurance
at the time this permit is issued, City shall provide the Park District with a Certificate
of Insurance, naming Three Rivers Park District as an additional named insured.
2. The City agrees to maintain the trail, including, but not limited to, any plowing,
sweeping, sanding, packing, trash pick-up, and sign replacement, between November
15, 2008 -March 31, 2009. For ice control on aggregate trails, Cities agree to use buff
colored, 3/8" clear limestone chips from Edward Kramer and Sons, Burnsville, MN.
Edward Kramer and Sons is the only aggregate pit that supplies the buff colored
limestone that has been specified for use on these trails. Paved trails can be treated
with a salt/sand mixture or other approved chemical treatments. The City further
agrees to immediately address all safety issues on or adjacent to trails.
3. The City will provide signage at locations approved by the Park District, notifying the
public of authorized winter activities within its city limits; activities may include, but
are not limited to, hiking, biking, cross-country skiing, snowshoeing, or pet walking.
Winter use signs must be installed by the City at designated locations prior to
November 15, 2008 and removed by the City no later than April 15, 2009. These
signs are totally the responsibility of each municipality.
4. Snowmobiling is not allowed on Park District regional trails. Permitted use for
snowmobiles will be limited to direct crossings only. The Hennepin County Regional
Railroad Authority (HCRRA) does not allow snowmobiling or other motorized use within
its corridors. The Lake Minnetonka LRT Regional Trail and the Minnesota River Bluffs
LRT Regional Trail are located on HCRRA corridor property and permission for a
snowmobiling crossing of either corridor must be obtained from the HCRRA prior to
requesting permission from the Park District for a snowmobile crossing of the regional
trail within the corridor. If a snowmobile crossing is permitted, cities must take steps
to keep snowmobiles from damaging paved trails, bridges and other property.
5. The City agrees to enforce rules and regulations established by the municipality as
part of its request for a Winter Use Permit.
6. The City agrees to repair all trail surface damage that occurs as a result of winter trail
activities and/or maintenance, including, but not limited to, bituminous/concrete
repair, bridge deck repair, grading or adding aggregate pursuant to guidelines
established by the Park District.
7. The City agrees that winter trail use will be available to all persons, regardless of
residence.
Each City is required to submit its annual permit requests, including proposed rules and
regulations, by September 22, 2008, after which the Park District may take up to 45 business
days to process. Each permit request must be submitted as a result of formal City Council
action, with accompanying verification, agreeing to the terms and conditions outlined by the
Park District's Winter Use Permit. It should be further understood that no winter activity will
be allowed on segments of the Regional Trail Corridor where municipalities do not request and
receive permits.
The Park District reserves the right to terminate a permit at any time, if the conditions set
forth herein are not followed.
Signed: Date:
Title:
(Authorized Representative of the City)
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar August 19, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H.
Stuart A. Fox, Manager Resolution Authorizing Disposal of Tax
Parks &Natural Resources Forfeited Land
Requested Action
Move to: Adopt Resolution authorizing the disposal of two parcel of tax forfeited land.
Synopsis
Attached is a list received from Hennepin County Taypayer Services certified as Non
Conservation List 1442 C/NC. There are two properties that have been pronounced tax forfeited
to the State of Minnesota for non-payment of property taxes.
As provided in MN State Statue 282, Hennepin County has requested the City to make a
recommendation as to the disposal of these land parcels. The City can either approve the parcels
for public auction, approve the sale of the parcel to an adjacent property owner, have the
property withheld from auction for one year or request conveyance to the City for a designated
public use.
The parcels of property are listed as follows:
Parcel PIN Description Pending Specials
1 04-116-22-42-0026 Outlot A, Edenvale 17th Addition 0
2 17-116-22-12-0110 That part of Lot 1, Block 1,North Bay of Timber 0
Lakes 2nd Addition, embraced within Outlot F
Timber Lakes North Bay of Timber Lakes 2nd Addition
Recommendation
Staff has reviewed the two parcels and recommends the following:
Parcel#1 is a parcel of land that is adjacent to the south right-of-way for Birch Island Road and
staff recommends that this parcel of land be claimed for public road right-of-way.
Parcel#2 is a parcel of land that adjacent to a piece of land that is owned by the Townhomes of
North Bay Association. Since this land is adjacent to a piece of commonly owned land, staff
recommendation is that it be approved for sale to an adjacent property owner, since the future
use of the land will be best served as an expansion of the current association property area.
Attachments
Resolution
Maps
C/NC List#1442
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2008-
A RESOLUTION AUTHORIZING THE DISPOSAL OF TAX FORFEITED LAND
WHEREAS, the City of Eden Prairie has received from the County of Hennepin
Conservation/Non-Conservation List#1442 C/NC,which lists property in said municipality which
have become property of the State of Minnesota for non payment of real estate taxes; and
WHEREAS, provided in Minnesota Statute 282,the City Council is asked to determine the
disposal of these parcels of land; and
WHEREAS, the City can approve the parcels for public auction, or approve sale of the
parcels to adjacent landowners, or request conveyance to the City for public use without monetary
consideration, or request that the parcel be withheld from public auction for one year.
NOW,THEREFORE,BE IT RESOLVED that the City of Eden Prairie does request the
Board of Hennepin County to approve the disposal of these two parcel in the following way:
• Parcel conveyed to the City of Eden Prairie for road right-of-way.
PIN 04-116-22-42-0026 with no pending special assessments
• Parcel to be sold to adjacent landowner.
PIN 17-116-22-12-0110 with no pending special assessments
ADOPTED by the City Council of the City of Eden Prairie this 19th day of August, 2008.
Philip Young, Mayor
ATTEST:
Kathleen Porta, City Clerk
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1442 Conservation/Non-Conservation List
Property ID Number Target Previous Owner Special
Property Address Area Date of Judgment Land Value Market Assessments Legal Tenants
Property Type C/NC Yes/No Date of Forfeiture Building Value Value Before Forfeiture Description Vacant
(as of 07/18/08)
(61) City of Eden Prairie
Parcel #1 _
04-116-22-42-0026 No EQUITABLE LIFE ASSUR 1,300 1,300 0.00 Vacant Land
SOC
61 ADDRESS 04/15/05
UNASSIGNED
Non-Conservation 06/12/08 OUTLOT A EDENVALE 17TH ADDITION
Parcel #2
17-116-22,12-0110 No RICHARD MILLER HOMES 600 600 0.00 Vacant Land
INC
61 ADDRESS 04/15/05
UNASSIGNED
Non-Conservation 06/26/08 THAT PART OF LOT 1 BLK 1 NORTH BAY
OF TIMBER LAKES 2ND ADDITION
EMBRACED WITHIN OUTLOT F TIMBER
LAKES NORTH BAY OF TIMBER LAKES
2ND ADDITION
24
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar August 19, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I.
Stuart Fox, Parks and Natural Award Bid for Trail Reconstruction Project
Resources Manager, Parks and
Recreation
Motion
Move to: Award the bid for Trail Reconstruction to Midwest Asphalt, Inc. in the amount of
$67,061.50 for reconstruction work on the eight-foot wide bike trail along
Mitchell and Baker Road.
Synopsis
The City advertised for the reconstruction of the bituminous trail along the east side of Baker and
Mitchell Road within the city. Specifications for the work were prepared and the City received
bids from three contractors. The work is based on removing and replacing approximately 2,200
lineal feet of existing 8 foot wide trail and 450 lineal feet of 10 foot wide trail. Additional work
includes the installation of nine pedestrian ramps at various road and driveway crossings and
replacement of two retaining walls.
Background
The money for doing this trail reconstruction comes from the Capital Improvement Project
funding in the Public Works Depaitiiient for the reconstruction and new construction of trails and
sidewalks along road right of ways throughout the City. The summary of the bids submitted is as
follows:
Midwest Asphalt Corp. $67,061.50
Wm. Mueller& Sons $81,179.50
Plehal Blacktopping,Inc $81,155.00
Staff estimate for this project was $85,000.
Each of the submitters met the guidelines as detailed in the bid specification and staff
recommends the bid be awarded to Midwest Asphalt Corp.
Park Maintenance staff will do the boulevard restoration after the contractor is done with the
paving project. The staff anticipates beginning the project after in late August, with full
completion by October 31, 2008.
Attachments
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda August 19, 2009
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J.
Sue Kotchevar, Office of the Approve Agreement with Scott W.
City Manager Baker Associates, Inc
Requested Action
Move to: Approve Agreement with Scott W. Baker Associates, Inc., for Prairie Village Liquor
Store relocation and expansion.
Synopsis
As part of the expansion and relocation of Prairie Village liquor operations, the Landlord is
providing improvements to the relocation premises in"turnkey" condition which will cost
approximately $320,000. The City is required to pay for certain items including the following
following:
• Store design elements including signage, wall coverings and murals, etc.
• Visual display surfaces including shelving, display racks, etc.
• Cash wrap
• Wine counter
• Exterior signage.
• Mercantile and service equipment.
• Refrigerated display equipment.
• Office equipment.
• Furnishings.
• Communications equipment, wiring and devices.
• Electronic safety and security equipment, wiring, and devices.
Scott W. Baker Associates, Inc. will coordinate the purchase and installation of these items with
the City and the Landlords contractor to ensure an efficient construction process.
Attachments
Agreement
Rev. 05-14-2008
Standard Agreement for Professional Services
This Agreement is made on the 11 day of August, 2008, between the City of Eden Prairie,
Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN
55344, and Scott W. Baker Associates, Inc. a Minnesota S Corp (hereinafter "Consultant") whose
business address is 1903 East Wayzata Blvd. Wayzata, MN 55391.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of
professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this Agreement is
to set forth the terms and conditions for the provision of professional services by Consultant for Prairie
Village Eden Prairie Liquor Store hereinafter referred to as the "Work".
The City and Consultant agree as follows:
1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown
in Exhibit "A" in connection with the Work. The terms of this standard agreement shall take
precedence over any provisions of the Consultants proposal and/or general conditions.
2. Term. The term of this Agreement shall be from August 11, 2008 through January 31, 2009
the date of signature by the parties notwithstanding. This Agreement may be extended upon
the written mutual consent of the parties for such additional period as they deem appropriate,
and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly or fee basis plus
expenses in a total amount not to exceed $66,300 for the services as described in Exhibit A.
A. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the complex or
specialized nature of the Project and when authorized in writing by the City.
C. If Consultant is delayed in performance due to any cause beyond its reasonable control,
including but not limited to strikes, riots, fires, acts of God, governmental actions,
actions of a third party, or actions or inactions of City, the time for performance shall be
extended by a period of time lost by reason of the delay. Consultant will be entitled to
payment for its reasonable additional charges, if any, due to the delay.
4. City information. The City agrees to provide the Consultant with the complete information
concerning the Scope of the Work and to perform the following services:
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A. Access to the Area. Depending on the nature of the Work, Consultant may from time to
time require access to public and private lands or property. As may be necessary, the
City shall obtain access to and make all provisions for the Consultant to enter upon
public and private lands or property as required for the Consultant to perform such
services necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough consideration to
all reports, sketches, estimates, drawings, and other documents presented by the
Consultant, and shall inform the Consultant of all decisions required of City within a
reasonable time so as not to delay the work of the Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria,
including but not limited to, design and construction standards that may be required in
the preparation of the Work for the Project.
D. Owner's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall have
complete authority to transmit instructions, receive information, interpret, and define the
City's policy and decisions with respect to the services provided or materials, equipment,
elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized
invoice for professional services performed under this Agreement. Invoices submitted shall be
paid in the same manner as other claims made to the City for:
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, job title, the number of hours worked, rate for each
employee, a computation of amounts due for each employee, and the total amount due
for each project task. Consultant shall verify all statements submitted for payment in
compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable
expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing
and such documentation as reasonably required by the City. Each invoice shall contain
the City's project number and a progress summary showing the original (or amended)
amount of the contract, current billing, past payments and unexpended balance of the
contract.
B. Suspended Work. If any work performed by the Consultant is suspended in whole or in
part by the City, the Consultant shall be paid for any services performed and for any
commitments or obligations incurred prior to receipt of written notice from the City of
such suspension, all as shown on Exhibit A.
C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of
special consultants, as described in Section 3B, and for other items when authorized in
writing by the City.
D. Claims. To receive any payment on this Agreement, the invoice or bill must include the
following signed and dated statement: "I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid."
6. Project Manager and Staffing. The Consultant has designated Wendy Satterlee and Kayla
Hurd to serve on the Project. They shall be assisted by other staff members as necessary to
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facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace these designated staff from the Project without the
approval of the City.
7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with
the standard of care in Hennepin County, Minnesota for professional services of the like kind.
8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by
the Consultant under this Agreement which the City requests to be kept confidential, shall not
be made available to any individual or organization except in a need to know basis without the
City's prior written approval. The books, records, documents and accounting procedures and
practices of the Consultant or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a period of
Two (2) years after the effective date of this Contract. The Consultant shall at all times abide
by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the
Act is applicable to data and documents in the possession of the Consultant.
9. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under this
provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the City
terminates the Agreement because the Consultant has failed to perform in accordance with this
Agreement, no payment shall be made to the Consultant, except for services rendered prior to
such notice, and the City may retain another consultant to undertake or complete the work
identified in Paragraph 1.
10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under
this Agreement except as noted in the Scope of Work, without the express written consent of
the City. The Consultant shall pay any subcontractor involved in the performance of this
Agreement within the ten (10) days of the Consultant's receipt of payment by the City for
undisputed services provided by the subcontractor. If the Consultant fails within that time to
pay the subcontractor any undisputed amount for which the Consultant has received payment
by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the
rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than
$100, the Consultant shall pay the actual interest penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall
be awarded its costs and disbursements, including attorney's fees, incurred in bringing the
action.
11. Independent Consultant. At all times and for all purposes herein, the Consultant is an
independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Consultant an employee of the City.
12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, disability,
sexual orientation or age. The Consultant shall post in places available to employees and
applicants for employment, notices setting forth the provision of this non-discrimination clause
and stating that all qualified applicants will receive consideration for employment. The
Consultant shall incorporate the foregoing requirements of this paragraph in all of its
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subcontracts for program work, and will require all of its subcontractors for such work to
incorporate such requirements in all subcontracts for program work. The Consultant further
agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes
363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act
of 1990.
13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without
the written consent of the other party.
14. Services Not Provided For. No claim for services furnished by the Consultant not specifically
provided for herein shall be honored by the City.
15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any
reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not
affect the remaining provisions of this Agreement.
16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement
supersedes all oral agreements and negotiations between the parties relating to the subject
matter hereof as well as any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in writing and duly signed by
the parties, unless otherwise provided herein.
17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant
shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of
services to be provided. The Consultant and City, together with their respective agents and
employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota
Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13.
Any violation of statutes, ordinances, rules and regulations pertaining to the services to be
provided shall constitute a material breach of this Agreement and entitle the City to immediately
terminate this Agreement.
18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not
affect, in any respect, the validity of the remainder of this Agreement.
19. indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and
employees harmless from any liability, claims, damages, costs, judgments, or expenses,
including reasonable attorney's fees, resulting directly or indirectly from a negligent act or
omission (including without limitation professional errors or omissions) of the Consultant, its
agents, employees, or subcontractors in the performance of the services provided by this
Agreement and against all losses by reason of the failure of said Consultant fully to perform, in
any respect, all obligations under this Agreement.
20. insurance.
A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay
for such insurance as will protect against claims for bodily injury or death, or for damage
to property, including loss of use, which may arise out of operations by Consultant or by
any subcontractor or by anyone employed by any of them or by anyone for whose acts
any of them may be liable. Such insurance shall include, but not be limited to, minimum
coverages and limits of liability specified in this Paragraph, or required by law. The
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policy(ies) shall name the City as an additional insured for the services provided under
this Agreement and shall provide that the Consultant's coverage shall be primary and
noncontributory in the event of a loss.
B. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability on this Project:
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Comprehensive Liability $1,000,000 property damage per occurrence
$2,000,000 general aggregate
$2,000,000 Products — Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit (shall include coverage
for all owned, hired and non-owed vehicles.
Umbrella or Excess Liability $2,000,000
C. The Comprehensive General/Commercial General Liability policy(ies) shall be
equivalent in coverage to ISO form CG 0001, and shall include the following:
a. Premises and Operations coverage with no explosions, collapse, or underground
damage exclusion (XCU).
b. Products and Completed Operations Property Damage coverage. Consultant
agrees to maintain this coverage for a minimum of two (2) years following
completion of its work.
c. Personal injury with Employment Exclusion (if any) deleted.
d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent.
e. Broad Form Property Damage coverage, including completed operations, or its
equivalent.
f. Additional Insured Endorsement(s) on ISO form CG 2010, or its equivalent,
naming "the City of Eden Prairie." The additional insured form needs to extend
protection for"product and completed operations".
g. If the Work to be performed is on an attached community, there shall be no
exclusion for attached or condominium projects.
h. "Stop gap" coverage for work in those states where Workers' Compensation
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insurance is provided through a state fund if Employer's liability coverage is not
available.
Incidental Malpractice and Host Liquor Liability insurance applicable to the
Consultant's performance under this Agreement.
j. Severability of Insureds provision.
D. Professional Liability Insurance. The Consultant agrees to provide to the City a
certificate evidencing that they have in effect, with an insurance company in good
standing and authorized to do business in Minnesota, a professional liability insurance
policy. Said policy shall insure payment of damage for legal liability arising out of the
performance of professional services for the City, in the insured's capacity as the
Consultant, if such legal liability is caused by an error, omission, or negligent act of the
insured or any person or organization for whom the insured is legally liable. Said policy
shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an
insured.
E. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant's sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing. In addition to the requirements stated
above, the following applies to the insurance policies required under this Paragraph:
a. All polices, except the Professional Liability Insurance policy, shall be written on
an "occurrence" form ("claims made" and "modified occurrence" forms are not
acceptable);
b. All polices, except the Professional Liability Insurance policy, shall be apply on a
"per project" basis;
c. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall contain a waiver of subrogation naming "the City of
Eden Prairie";
d. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall name "the City of Eden Prairie" as an additional
insured;
e. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall insure the defense and indemnity obligations
assumed by Consultant under this Agreement; and
f. All polices shall contain a provision that coverages afforded there under shall not
be canceled or non-renewed or restrictive modifications added, without thirty (30)
days prior written notice to the City.
A copy of the Consultant's insurance declaration page, Rider and/or
Endorsement, as applicable, which evidences the compliance with this Paragraph
20, must be filed with City prior to the start of Consultant's Work. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
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evidence that Consultant has complied with all insurance requirements. Renewal
certificates shall be provided to City prior to the expiration date of any of the required
policies. City will not be obligated, however, to review such declaration page, Rider,
Endorsement or certificates or other evidence of insurance, or to advise Consultant of
any deficiencies in such documents and receipt thereof shall not relieve Consultant
from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's
obligations hereunder. City reserves the right to examine any policy provided for under
this paragraph.
F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the
specified insurance, then Consultant will defend, indemnify and hold harmless the City, the
City's officials, agents and employees from any loss, claim, liability and expense (including
reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the
same protection as would have been provided by the specified insurance. Except to the
extent prohibited by law, this indemnity applies regardless of any strict liability or
negligence attributable to the City (including sole negligence) and regardless of the extent
to which the underlying occurrence (i.e., the event giving rise to a claim which would have
been covered by the specified insurance) is attributable to the negligent or otherwise
wrongful act or omission (including breach of contract) of Consultant, its subcontractors,
agents, employees or delegates. Consultant agrees that this indemnity shall be construed
and applied in favor of indemnification. Consultant also agrees that if applicable law limits
or precludes any aspect of this indemnity, then the indemnity will be considered limited
only to the extent necessary to comply with that applicable law. The stated indemnity
continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
b. Furnish a written acceptance of tender of defense and indemnity from Consultant's
insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated
in connection with the performance of the Agreement ("Information") shall become the property
of the City, but Consultant may retain copies of such documents as records of the services
provided. The City may use the Information for its purposes and the Consultant also may use
the Information for its purposes. Use of the Information for the purposes of the project
contemplated by this Agreement ("Project") does not relieve any liability on the part of the
Consultant, but any use of the Information by the City or the Consultant beyond the scope of
the Project is without liability to the other, and the party using the Information agrees to defend
and indemnify the other from any claims or liability resulting therefrom.
22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to
this Service Agreement or the relationships which result from this Agreement shall be subject to
mediation as a condition precedent to initiating arbitration or legal or equitable actions by either
party. Unless the parties agree otherwise, the mediation shall be in accordance with the
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Commercial Mediation Procedures of the American Arbitration Association then currently in
effect. A request for mediation shall be filed in writing with the American Arbitration Association
and the other party. No arbitration or legal or equitable action may be instituted for a period of
90 days from the filing of the request for mediation unless a longer period of time is provided by
agreement of the parties. Cost of mediation shall be shared equally between the parties.
Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed
upon by the parties. The parties shall memorialize any agreement resulting from the mediation
in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in
any court having jurisdiction thereof.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City
shall have a financial interest, direct or indirect, in this Contract. The violation of this provision
renders the Contract void. Any federal regulations and applicable state statutes shall not be
violated.
25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall
be considered an original.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
FIRM NAME
By:
Its:
8
ri s 5 o c t enw L C S
Sue Kotcheaver Date 8/14/08
Finance Manager Job No 08.EPB.002
8080 Mitchell Road Version 1
Eden Prairie, MN 55344
Prairie Village Eden Prairie Liquor- Exhibit
Account Management: Wendy Satterlee I Kayla Hurd
Phase 1: Design Adaptation & Development
Soffit Mural-
Resize Existing Soffit Mural Run and develop/extend design
across remainder of soffit $4,800-$5,800
End Cap Signage-
Develop 2 additional Design Ideas to march look and feel of
existing end cap signage $2,000-$2,400
Channel Signs (Above Gondola Runs)-
Reuse 3 existing designs develop/extend design to 2 additional
signs $3,600-$4,000
End Cap Signage-
Develop 1 New Design Concept for Entryway Mural to accommodate
door opening $3,200-$4,000
Entrance Door Decals-
Resize Entryway Door Decals (logo, hours, etc.) $400
Category Signage/Gondola Tent Signage-
Create Additional typeset Options as needed (qty. 10-15) $600-$1,000
Sourcing of Additional Materials- Due to discontinued carpet tile,
Corian and pendant lights $800-$1,000
Phase 2: Design Revisions
Revise Phase 1 designs based on client feedback $3,600-$4,800
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e A K E n ASSOCIATES
Phase 3: Design Finalization
Finalize designs based on client feedback and build design
files Full Size High Res in preparation for Mechanical Production $3,G00-$4,800
Production/Mechancials
Resubmit Existing Mechanicals that had no changes to vendors:
— 3 Fabric Banners
— 3 End Cap Signs
— 3 Channel Run Signs
- 3 Window Posters Signs
— All Vinyl lettering for Category Signs/Tent Signs
- Tasting 3D lettering &Tasting Wall Decals $1,200
Submit New or Adapted Mechanicals to vendor:
— Soffit Wall Mural
— Entryway Mural
— 2 New Channel Runs
- 2 New End Cap Signs
— Door Decal $5,000
Project Management— Vendor Resourcing, Meetings with
Vendors & Info/Specs for Ordering to Client $3,000-$4,000
Baker On-Site Coordination $6,000-$8,000
Staging-
Staging of Store (above Cabinets) out of Pocket for accessories $1,000
2 People 2 Days of Staging $2,400
Misc.— Computer Color Outputs, Delivery/Courier,
Material Samples, etc. $3,000-$4,000
Royalty Free Imagery- (15-18 Images) $10,500-$12,500
Total Fees: $54,700-$66,300
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CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings/Meetings August 19, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A.
Jay Lotthammer, Director, Parks and Recreation Fees and Charges
Parks and Recreation
Motion
Move to: Approve the proposed Park and Recreation fees and charges for inclusion in the
2009 budget.
Synopsis
Staff is submitting the proposed changes to fees and charges for inclusion in the 2009 budget.
These fees and charges are a part of the annual operating budget within the Parks and Recreation
Department and help offset operating expenses. The public notice was published in the Eden
Prairie News on August 7, 2008.
A synopsis of the fees and charges were submitted to the City of Eden Prairie Council at the July
15, 2008 City Council Meeting.
Background
Fees and charges are established for programs and services offered through the Parks and
Recreation Department. Historically, the fees and charges have been approved by the City
Council towards the end of the calendar year. From a practical standpoint, this meets the
requirement for inclusion into the next year's budget. However, in order to promote the programs
and services that these fees and charges are associated with in a timely manner(approximately
September), staff has had to assume that these fees would be acceptable to the City Council. In
order to advance the timeline for approval and allow time for additional comments and
suggestions, staff is proposing the following timeline:
June Review proposed fees and charges with the Parks, Recreation and Natural
Resources Commission
July Submit to City Council for Approval
Late Fall Include with Resolution for all City Fees and Charges
January Implement Approved Fees
The following are new or changed fees and charges proposed by staff for 2009. This information
was discussed and unanimously recommended for adoption by the Parks, Recreation and Natural
Resources Commission at their June 2, 2008 meeting.
Meeting Room 201 fee change - The fee increase is due to the size of the room. It falls between
the smaller meeting rooms and the larger Cambria. It also provides a higher level of amenities
than the small meeting rooms.
Parks and Recreation Fees and Charges
August 19, 2008
Page 2
Addition of Gymnasium fees - This is due to uncertainty of what the market could bare for
gymnasium rental during the time the fee schedule was due.
Addition of 3rd Rink fee - This is due to uncertainty of what the market could bear for dry floor
rink rental during the time the fee schedule was due. The fees are subject to increase once we
include the turf covering on the dry floor.
Racquetball fee decrease - This was a misprint in the previous resolution
Addition of Play Care fees -New child care facility requires a fee for members
Addition of Play Structure fees -New Play Structure fees required for members and patrons
Addition of Birthday Party fees -New birthday party package fees requested by patrons
Ice time increase - Hourly prime time ice rates are proposed to be increased. This is similar to
other facilities within the market and has been a common practice to help off-set expenses.
Fee increases to reflect increases in maintenance cost for: canoe rack storage, ballfield
tournaments and cemetery lots.
These fees and charges were received by the Parks, Recreation and Natural Resources
Commission and were recommended to be adopted.
Summer Ice Time -A recent addition to the fees and charges is the summer ice rate. The rate is
proposed to be adjusted from$140 hour to $165 hour for June—August, in 2009. By raising the
cost an additional $25/hour to $165/hour, the Community Center will generate an additional
$4,000 per month, to help off-set the rising energy costs during the summer months. This fee is
consistent with many of the surrounding arenas.
Attachment
Proposed 2009 Fee Resolution Charts
2009 Proposed Fee Resolution
Service Description 2008 2009
COMMUNITY CENTER
Community Center Membership
Benefits
1.Indudesfull use of fitnessfadlity induding a complimentary equipment orientation
2.I nd udes group fitness des es�s(except contract labor d asses such as Yoga and Pi later)
3.Ind udes use of racquetball courts
4.I nd udesfree open gym,skate and swi m
5.I nd udes di scount on room rentals(30 day last minute rental)
6.I nd udes priority booking for Cambria Room
Additional Information
1.Onetimeadministrativefee of$25.00
2.Month to month automatic debit payment required unl ens a payment for 12 months is rendered in full at ti me of purchase.Occurs on the 1st of every month.
3.10%discount for 12 month up front payment.
4.$5.00 monthly suspendon fee availablefor up to 3 months per 12 month term.
Guideli nesfor Membership Types
Youth Membership Defined as my child 18 years of age aid younger.
Adult Membership Defined asany individual ages 19 yearsof ageand older.
Dual Membership Any two adults or adult and youth rending at the same address,
Dual RusOne Any two adults pl usone youth or one adult ald two youths residi ng at the same addrees
Household Membership Any two adults and up to four youth rending at the same address.
Senior Defined asaiy individual 62 yearsof ageaid older.
Extended Household See Community Center Mmagement for membership optionsthat indude lager
fanilia nannies,and babyntters
Senior Dual Membership Any one senior aid one additional member(55or older)rending at the same address
Monthly Resident Membership Rates
A reddent dther livesor worksin Eden Prairie.Valid for 12 monthsfrom dated purchase.
10%discount on upfront purchase of 12 month membership
Youth(18aidunder) Monthly rate pl us appl i cabletaxes $ 24.00 $ 24.00
Adult(19aid over) Monthly rate pl us appl i cabl etaxes $ 32.00 $ 32.00
Dual Monthly rate pl us appl i cabletaxes $ 57.00 $ 57.00
Dual RusOne Monthly rate plusapplicabletaxes $ 67.00 $ 67.00
Household Monthly rate plusapplixbletaxes $ 77.00 $ 77.00
Sailor(62aid older) Monthly rate plusapplicabletaxes $ 24.00 $ 24.00
Senior Dual Monthly rate plusapplicabletaxes $ 42.75 $ 42.75
Monthly Non Resident Membership Rates
Youth(18 and under) Monthly rate pl us appl i cabl etaxes $ 38.40 $ 38.40
Adult(19aid over) Monthly rate plusapplicabletaxes $ 38.40 $ 38.40
Dual Monthly rate pl us appl i cabl etaxes $ 68.40 $ 68.40
Dual RusOne Monthly rate plusapplicebletaxes $ 80.40 $ 80.40
Household Monthly rate plusapplicabletaxes $ 92.40 $ 92.40
Senior(62aidolder) Monthly rate plusapplicabletees $ 38.40 $ 38.40
Sailor Dual Monthly rate pl us appl i cabletaxes $ 68.40 $ 68.40
Equipment Rental
** Freeto Eden Prairienon profit serviceorganization goups
Ice States Perpalr $ 1.50 $ 1.50
Overhead projector Per use $ 15.00 $ 15.00
Projector screen Per use $ 10.00 $ 10.00
Racquetball racquets Per racquet $ 2.00 $ 2.00
TV/VCR cabinet Pause $ 15.00 $ 15.00
Play Care Per hour;2 hour maximum;members only $ 2.00
Play Structure Per child;per vidt $ 4.50
Birthday Party 2 hour room rentd,free skate rental $ 20.00
2009 Proposed Fee Resolution
Service Description 2008 2009
Daily Full Use Pass(i nd udes open gym,open skate,open swim,group fitness,fitness and racquetball)
**Must be age 14 aid up to use Fitness Center
Members Free Free
Individual Resident Youth or adult $ 7.50 $ 7.50
Family Resident Up to six peoplelivinget these-lie address $ 15.00 $ 15.00
Individual Non Resident Youth or adult $ 9.50 $ 9.50
Fanily Non Resident Up to six peoplelivingat the ssrneaddress $ 19.00 $ 19.00
Open Skate,Swim and Gym
**Resident and Non Resident-feeisfor the use of open swim,open skate,aid open gym)
Tots 4 yeasof ageand under $ 3.00 $ 3.00
Youth 5 ye-s of ageto 18 years of age $ 4.00 $ 4.00
Adult 19 yeas of age orolder $ 7.50 $ 7.50
Family rate Up to six people living atthesaneaddress $ 13.00 $ 13.00
Lifeguards
Per hour $ 14.00 $ 15.00
Oneto 50 swimmers Second lifeguad required
51-100 swimmers Third lifeguad required
101 or greater Add'I lifeguadswill bedetermined by management depending on group size and age
Spedal Ice Rates-School District 272
Physical education Basses Per hour-50%of non-primeti me rate $ 70.00 $ 70.00
Hockey games Pri me ti me rate-Personnel required to run the genes suppl i ed by others
Spedal Pool Rates-School Distrid 272
Physical education dassts Based on primetimeratefor 5,490 total squaefeet
Lifeguad training d ass with EPSohool PhyEdDept Pa student($1,000 minimum)when course is conducted by City$aff
COMMUNITY CENTER-POLICY OF GROUP RATE&LIABILITIES
Group Rentals
** Groups of20orgeeterwill receive free rental skateswhen purchasing ice
Lode-I n-11 p.m.to 5:30 am.
** Lock-in goupswill bechaged an additional$1 per pawn for groupsgreatathan 150.Personal costs above stated rates i nd ude one building supervisor.
** 8ipervi si on will beat the discretion of the Community Center management.This wi ll be based on the number of people to be usi ng the center,aswel l
as the age and type of group.
ScateRental $ 1.50 $ 1.50
Lifeguads Per hour $ 14.00 $ 15.00
** 1 to50patid pants-2lifeguadsrequired
**51 to 100 patidpants-3lifeguadsrequired
** 100plus peril d pelts-4lifeguadsrequired.Additional lifeguadsdeterminedby management depending on group size aid ages
Pool rental Per Hour.Two hour minimum pl us$14.00/hr per lifeguard $ 50.00 $ 50.00
COMMUNITY CENTER ADVERTISING FEES
Note Once groups have paid for theinitial multi-yea agreement,they may renew the contract each yea for 1 yea at the pro-rated fee
IceResurfamr Pa side per yea/5 yea term($2,500 for both sides) $ 1,500.00 $ 1,500.00
Score Boad Per side per year/5 yea term $ 1,500.00 $ 1,500.00
On-Ice Logo Per two 4'x4'logos pa year/3 year term $ 1,500.00 $ 1,500.00
Dasher bond Annually/3year term $ 950.00 $ 950.00
OAK POINT POOL
Pool Rental-Lifeguards
** Pool rental in addition tothesefees
and!slide pool rental only Per hour for three lifeguads $ 42.00 $ 45.00
Requiresa minimum of three lifeguads
Add'I lifeguadswill bedetamined by management depending on group size and age
Lagepool rental only Per hour for two lifeguads $ 28.00 $ 30.00
Requiresa minimum of 2lifeguads
Based on non-holiday hours
Rental of entire pool fad lity Pa hour for five lifeguards $ 70.00 $ 75.00
Requiresa minimum of 5lifeguads
2009 Proposed Fee Resolution
Service Description 2008 2009
BEACHES
Boat&Marina Rental
Canoe rack storage Per rack per season $ 45.00 $ 50.00
ORGANIZED ATHLETICS
Adult League Play
Non youth sport teams Per game $ 30.00 $ 30.00
Ball Field Tournaments
Sate,regional,and national tournaments Per day,per field $ 90.00 $ 100.00
Other youth and adult tournaments Per day,per field $ 90.00 $ 100.00
Additional chargewhen I ightsare used Pa hour $ 10.00 $ 10.00
For new so ear fidd for tournament Per fidd set-up $ 160.00 $ 180.00
Clinicsand Camps
Per day,per fidd $ 40.00 $ 40.00
PLEASANT HILL CEMETERY
Ground Thawing:November 1-April 1
Casket burial $ 75.00 $ 75.00
Cremation burial $ 50.00 $ 50.00
Internment
Casket burials Vault size 12 inches by 24 inches $ 275.00 $ 275.00
Vault size 12 inches by 36 inches $ 300.00 $ 300.00
Vault size 36 inches by 60 inches $ 400.00 $ 400.00
Vault size48 inches by 96 inches $ 500.00 $ 500.00
Cremation burials Urn size 12 inchesand under $ 200.00 $ 200.00
Urn size over 12inches $ 350.00 $ 350.00
Lot
Resident 20%perpetual lore&80%maintenance $ 400.00 $ 500.00
Non-resident $ 600.00 $ 650.00
Set Grave Markers
Sngle $ 150.00 $ 150.00
Double $ 200.00 $ 200.00
COM MUNI TY GARDEN PLOTS
20 foot by 30 foot plot
Residents only Senior citizen discount$12.00 $ 54.00 $ 54.00
20 foot by 60 foot plot
Red dents only Senior citizen discount$24.00 $ 108.00 $ 108.00
2009 Proposed Fee Resolution - Facilities
Group 1 Group 2 Group 3
Facility Facility Information Fee 2008-1 2008-2 2008-3
Group 1 Group 2 Group 3
COMMUNITY CENTER
**Eden Prairie Associations will be charged$15.00/hr for team parties/activities where food and beverages are provided as part of the activity.
Group I will still be charged$5.00/hr for all other meetings.
** Request must be submitted to Community Center Manager or Customer Service Representative a minimum of two weeks prior to
requested date.Times and dates must not conflict with an existing program or activity. City programs have priority.
** Eden Prairie Athletic Associations receive one free meeting room use per month.
** For Group II and Group III,discounted meeting rooms are avail.7:00 am to 3:00 pm,Tues to Thur.
Ice Arena-Rinks 1,2&3 Spring prime time-March 1 thru June 13-3 p.m.to 11 p.m. j $ 165.00 $ 165.00 $ 165.00 Per Hour $ 160.00 $ 160.00 $ 160.00
Monday-Friday,weekends,holiday,&non-school days;
$50 deposit required with ice rental reservation
Spring non-prime time-March 1 thru June 13-before 3 p.m.and after 11 p.m. $ 140.00 $ 140.00 $ 140.00 Per Hour $ 140.00 $ 140.00 $ 140.00
Monday-Friday;$50 deposit required with ice rental reservation
Summer time-June 14 thru Aug 31-6 a.m.to 11 p.m. * $ 165.00 $ 165.00 $ 165.00 Per Hour $ 140.00 $ 140.00 $ 140.00
Fall prime time-September 1 thru September 30 -3 p.m.to 11 p.m. $ 165.00 $ 165.00 $ 165.00 Per Hour $ 160.00 $ 160.00 $ 160.00
Monday-Friday,weekends,holiday,&non-school days;
$50 deposit required with ice rental reservation
Fall non-prime time-September 1 thru September 30-before 3 p.m.and after 11 p.m. $ 140.00 $ 140.00 $ 140.00 Per Hour $ 140.00 $ 140.00 $ 140.00
Monday-Friday;$50 deposit required with ice rental reservation
Winter prime time-October 1 thru February 29-3 p.m.to 11 p.m. $ 175.00 $ 175.00 $ 175.00 Per Hour $ 170.00 $ 170.00 $ 170.00
Monday-Friday,weekends,holiday,&non-school days;
$50 deposit required with ice rental reservation
Winter non-prime time-October 1 thru February 29-before 3 p.m.and after 11 p.m. $ 140.00 $ 140.00 $ 140.00 Per Hour $ 140.00 $ 140.00 $ 140.00
Monday-Friday;$50 deposit required with ice rental reservation
Ice Arena-Rink 3(no turf) $ 40.00 $ 50.00 $ 65.00 Per Hour
Cambria Room(Room 102) 2 hr minimum $ 40.00 $ 50.00 $ 65.00 Per Hour $ 40.00 $ 50.00 $ 65.00
Plus applicable taxes
Meeting Rooms 101,103,202,203,204,Lounge Eden Prairie Athletic Associations receive one free meeting room use per month $ 15.00 $ 20.00 $ 35.00 Per Hour $ 15.00 $ 20.00 $ 35.00
7:00 a.m.to 3:00 p.m.-Tues through Thurs.User group must purchase room for
minimum of 30-hour time block.After 3:00pm,Friday,Sat and Sun,each time block must
be a minimum of 2 hours in length. Request must be submitted to Customer Service Rep
Plus applicable taxes
2009 Proposed Fee Resolution - Facilities
Group 1 Group 2 Group 3
Facility Facility Information Fee 2008-1 2008-2 2008-3
Group 1 Group 2 Group 3
Multi-Purpose Meeting Room 201 Eden Prairie Athletic Associations receive one free meeting room use en r month $ 25.00 $ 35.00 $ 50.00 Per Hour $ 15.00 $ 20.00 $ 35.00
7:00 a.m.to 3:00 p.m.-Tues through Thurs.User group must purchase room for
minimum of 30-hour time block.After 3:00pm,Friday,Sat and Sun,each time block must
be a minimum of 2 hours in length. Request must be submitted to Customer Service Rep
Plus applicable taxes
Parking Permits 2007/2008 school year-August 9th thru November 30th $ 350.00 $ 350.00 $ 350.00 $ 350.00 $ 350.00 $ 350.00
2007/2008 school year-December 1st thru February 28th $ 175.00 $ 175.00 $ 175.00 $ 175.00 $ 175.00 $ 175.00
2007/2008 school year-March 1st thru June 10th $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00
Racquetball 1. Free with membership(Per Person $ 5.00 $ 5.00 Per Hour MMilliiMINIM 7.50
Swimming Pool(capacity 268) Prime time-6 a.m.to 5 p.m.Monday thru Saturday/noon to 5 p.m.on Sundays $ 61.00 $ 61.00 $ 61.00 Per Hour $ 61.00 $ 61.00 $ 61.00
Non-prime time-5 p.m.to 9 p.m.Monday thru Sunday $ 51.00 $ 51.00 $ 51.00 Per Hour $ 51.00 $ 51.00 $ 51.00
Discounted rate-9 p.m.to 11 p.m.Monday thru Sunday plus cost of lifeguards at$14/hour $ 46.00 $ 46.00 $ 46.00 Per Hour $ 46.00 $ 46.00 $ 46.00
Wallyball Members no charge.Non-member is$5.00/hour per person $ 22.50 $ 22.50 $ 22.50 Max per hour $ 22.50 $ 22.50 $ 22.50
Gymnasium(whole) $ 40.00 $ 50.00 $ 65.00 Per Hou
Gymnasium(half) $ 25.00 $ 35.00 $ 50.00 Per Hour
OAK POINT POOL
** Lifeguards must be added as follows at the rate of$14.00 an hour; small slide pool rental only-minimum 3 lifeguards,
large pool rental only-minimum of 2 lifeguards,rental of entire pool facility-minimum of 5 lifeguards
** Additional lifeguards will be determined by management depending on group size and age.
** Sunday rentals require an additional$31.50 an hour maintenance fee for the rental of 6 lanes of the pool.
For Sunday rental of the entire pool,an additional$55.00 an hour is required.
Oak Point Pool Rental Prime time:6 a.m.-5 p.m.,Monday-Saturday;and noon-5 p.m.Sunday $ 61.00 $ 61.00 $ 61.00 Per Hour $ 61.00 $ 61.00 $ 61.00
Non-prime time:5 p.m.-9 p.m.,Monday-Sunday $ 51.00 $ 51.00 $ 51.00 Per Hour $ 51.00 $ 51.00 $ 51.00
Discount rate:9 p.m.-11 p.m.,Monday-Sunday $ 46.00 $ 46.00 $ 46.00 Per Hour $ 46.00 $ 46.00 $ 46.00
2009 Proposed Fee Resolution - Facilities
Group 1 Group 2 Group 3
Facility Facility Information Fee 2008-1 2008-2 2008-3
Group 1 Group 2 Group 3
PARK FACILITIES RENTAL
** All parks free to Eden Prairie Non-Profit Service Organization Groups
**All groups of over 100 will be charged full date rate
** All parks REQUIRE a$200 deposit
** Eden Prairie School District Programs charged only direct cost for all parks
** No private group of over 300 will be allowed to reserve facilities at any park.(Maximum number at Staring Park will be 150.)
Crestwood Park Building Full Day-Maximum capacity varies $ 80.00 $ 80.00 $ 80.00 $ 80.00 $ 80.00 $ 80.00
Homeward Hills Barn 1/2 Day-Maximum capacity varies $ 110.00 $ 110.00 $ 110.00 $ 110.00 $ 110.00 $ 110.00
Full Day-Maximum capacity varies $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00
Miller Park Building Full Day-Maximum capacity varies $ 80.00 $ 80.00 $ 80.00 $ 80.00 $ 80.00 $ 80.00
Nesbitt Park Building Full Day-Maximum capacity varies $ 80.00 $ 80.00 $ 80.00 $ 80.00 $ 80.00 $ 80.00
Outdoor Center Per hour-2 hour minimum-Maximum capacity varies $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00
Purgatory Creek Park Pavilion 1/2 Day-Maximum capacity varies $ 135.00 $ 135.00 $ 135.00 $ 135.00 $ 135.00 $ 135.00
Full Day-Maximum capacity varies $ 195.00 $ 195.00 $ 195.00 $ 195.00 $ 195.00 $ 195.00
Riley Lake Park Pavilion 1/2 Day-Maximum capacity varies $ 135.00 $ 135.00 $ 135.00 $ 135.00 $ 135.00 $ 135.00
Full Day-Maximum capacity varies $ 195.00 $ 195.00 $ 195.00 $ 195.00 $ 195.00 $ 195.00
Riley-Jacques Barn Per hour-2 hour minimum-Maximum capacity varies $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00
Round Lake Park Building 1/2 Day-Maximum capacity varies $ 110.00 $ 110.00 $ 110.00 $ 110.00 $ 110.00 $ 110.00
Full Day-Maximum capacity varies $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00
Round Lake Pavilion 1/2 Day-Maximum capacity varies $ 110.00 $ 110.00 $ 110.00 $ 110.00 $ 110.00 $ 110.00
Full Day-Maximum capacity varies $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00
Staring Lake Park Amphitheatre Per hour-2 hour minimum-Maximum capacity varies $ 55.00 $ 55.00 $ 55.00 $ 55.00 $ 55.00 $ 55.00
Audio Technician Sound Tech&Sound Equipment-2 hour minimum $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00
Staring Lake Park Building 1/2 Day-Maximum capacity varies $ 110.00 $ 110.00 $ 110.00 $ 110.00 $ 110.00 $ 110.00
Full Day-Maximum capacity varies $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00
Warming Houses-2 hour minimum Supervision required-2 hour minimum $ 15.00 $ 15.00 $ 15.00 Per hour $ 15.00 $ 15.00 $ 15.00
2009 Proposed Fee Resolution - Facilities
Group 1 Group 2 Group 3
Facility Facility Information Fee 2008-1 2008-2 2008-3
Group 1 Group 2 Group 3
December 15-March 1
SENIOR CENTER RENTAL
Senior Center Community Room Only Maximum capacity approx.90 theatre style,50 table seating with use of pool table and piano $ 25.00 $ 30.00 $ 30.00 Per hour $ 25.00 $ 30.00 $ 30.00
Plus applicable taxes
Senior Center Community Room Including kitchen and lounge-plus applicable taxes $ 35.00 $ 40.00 $ 40.00 Per hour $ 35.00 $ 40.00 $ 40.00
Senior Center Kitchen Approx.15 people with use of appliances-plus applicable taxes $ 15.00 $ 20.00 $ 20.00 Per hour $ 15.00 $ 20.00 $ 20.00
Senior Center Lounge Approx.20 with use of big screen TV plus VCRIDVD-plus applicable taxes $ 15.00 $ 20.00 $ 20.00 Per hour $ 15.00 $ 20.00 $ 20.00
Senior Center Room 201 Approx.40 people theater style,25 to 30 table seating-plus applicable taxes $ 20.00 $ 25.00 $ 25.00 Per hour $ 20.00 $ 25.00 $ 25.00
Senior Center Room 203 Approx.25 people theater style,15 to 20 table seating-plus applicable taxes $ 15.00 $ 20.00 $ 20.00 Per hour $ 15.00 $ 20.00 $ 20.00
Senior Center Room 209 Approx.10 to 15-plus applicable taxes $ 10.00 $ 15.00 $ 15.00 Per hour $ 10.00 $ 15.00 $ 15.00
CITY COUNCIL AGENDA DATE: August 19, 2008
SECTION: Public Hearings
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B.
Community SUPERVALU Addition
Development/Planning
Janet Jeremiah
Michael Franzen
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Planned Unit Development Concept Review on 135 acres; and
• Approve 1st Reading of the Ordinance for Planned Unit Development District Review and
Zoning District Amendment within the Office Zoning District on 37 acres; and
• Direct Staff to prepare a Development Agreement incorporating Staff and
Commission recommendations and Council conditions; and
• Direct staff to issue a grading, footing, and foundation permits to CH Robinson to
proceed with construction at their own risk
Synopsis
This project is a 15,000 square foot building addition for use as a conference center. The project
meets the requirements of the office zoning district for site coverage, setback, and parking.
Background Information
The building addition requires a shoreland structure setback waiver from 200 feet to 50 feet.
Reasons to consider the waiver are:
• The addition is a 1.7% encroachment of the area of the shoreland setback.
• The addition is a 1.2 % encroachment of the area of the shoreland impact zone.
• The addition has a green roof.
• Existing trees and topography screens views of the structure from the lake.
The 120-Day Review Period Expires on October 19, 2008.
Planning Commission Recommendation
The Planning Commission voted 5-0 to recommend approval of the project at the August 11,
2008 meeting.
Attachments
1. Resolutions
2. Staff Report July 23, 2008
3. Staff Report August 8, 2008
4. Location Map
5. Land Use Map
6. Zoning Map
7. Planning Commission Minutes
SUPERVALU
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2008-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF SUPER VALU
FOR SUPERVALU,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 August 11,
2008, on SUPERVALU by SUPERVALU, 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 August 19, 2008.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. SUPERVALU, 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 August 19, 2008.
3. That the PUD Concept meets the recommendations of the Planning Commission
August 11, 2008.
ADOPTED by the City Council of the City of Eden Prairie this 19th day of August, 2008.
Phil Young, Mayor
ATTEST:
Kathleen A. Porta, City Clerk
EXHIBIT A
PUD Concept- (SUPERVALU)
Legal Description:
LAND DESCRIPTION (S)
PARCEL A
Part 1: That part of Government Lot 2, including accretions, thereto, Section 11, Township
116, Range 22, all described as beginning at the Southeast corner of said Government Lot
2; thence West to the Southwest corner of said Government Lot 2; thence North along the
West line of said Government Lot 2 and its extension to the North line of said Section 11;
thence East along said North line to the shore of Bryant's Long Lake; thence Southeasterly
along said shore to the North and South quarter line of said Section 11; thence South along
said North and South quarter line to the point of beginning, which lies Easterly of the
Easterly right-of-way of U.S. Highway Number 494, as described in document number
3677302, Office of the Register of Deeds, Hennepin County, Minnesota, according to the
Government Survey thereof; except that part of said Government Lot 2 lying Easterly and
Northeasterly of a line described as commencing at the Southeast corner of said
Government Lot 2, thence North along the East line of said Government Lot 2, a distance
of 1237.61 feet to the actual point of beginning of the line to be described; thence
Northwesterly deflecting to the left 44 degrees 00 minutes 00 seconds a distance of 378.00
feet; thence Northerly deflecting to right 44 degrees 00 minutes 00 seconds a distance of
240.0 feet; thence Northeasterly deflecting to the right 36 degrees 30 minutes 00 seconds
to the shore of Bryant's Long Lake and there terminating.
The East, West and North boundary lines of the above-described land, except the shore
line of Bryant's Long Lake, have been marked by Judicial Landmarks set pursuant to
Torrens Case No. 16744.
Subject to limitation of the right of access to U.S. Highway Number 494 as contained in
Book 2604 of Deeds, Page 203, Document No. 3677302.
Subject to a 45-foot wide easement for sanitary sewer purposes in favor of Southwest
Sanitary Sewer District Board over a portion of the above-described Government Lot 2 as
contained in Book 69 of Hennepin County Records, Page 3779764.
Part 2: That part of the Northeast Quarter of the Southwest Quarter, Section 11, Township
126, Range 22, which lies Northerly of the Northerly right-of-way of County Road Number
60 and Easterly of the Easterly right-of-way of U.S. Highway Number 494, as described in
Document No. 3677302 and 3723053, Office of the Register of Deeds, Hennepin County,
Minnesota, according to the Government Survey thereof.
The East boundary line of the above-described land has been marked by Judicial
Landmarks set pursuant to Torrens Case No. 16745.
Subject to a snow fence easement in favor of the State of Minnesota as contained in Book
68 of Hennepin County Records, Page 3723053.
Subject to a limitation of the right of access to U.S. Highway Number 494 as contained in
Book 2604 of Deeds, Page 203, Document No. 3677302 and in Book 68 of Hennepin
County Records, Page 3722053.
PARCEL B
Part 1: Government Lot 3 and the accretions thereto, Section 11, Township 116, Range
22, all described as beginning at the Southwest corner of said Government Lot 3; thence
East along the South line of said Government Lot 3 and its extension to a point 525 feet
West from the East Quarter corner of said Section 11; thence Northwesterly, deflecting to
the left 109 degrees, to the shore of Bryant's Long Lake; thence Northwesterly along the
shore of said lake to its intersection with the Northerly extension of the West line of said
Government Lot 3; thence South to the point of beginning, the Easterly boundary line of the
above-described Government Lot 3 and accretions thereto has been marked by Judicial
Landmarks set pursuant to Torrens Case No. 16893 and the West boundary line of the
above-described Government Lot 3 and accretions thereto has been marked by Judicial
Landmarks set pursuant to Torrens Case No. 16744.
Part 2: That part of the Northwest Quarter of the Southeast Quarter of Section 11,
Township 116, Range 22 lying Northerly of the center line of County Road No. 60.
Part 3: That part of the Government Lot 4 and the accretions thereto, Section 11,
Township 116, Range 22 lying Northerly of the center line of County Road No. 60 and
Westerly of a line drawn parallel with and distant 600 feet West measured at right angles
from the East line of said Government Lot 4, except that part thereof lying Southerly and
Easterly of the following described line: Commencing at the Northeast corner of the above-
described part of Government Lot 4; thence on an assumed bearing of South 00 degrees
10 minutes 58 seconds East along the East line thereof a distance of 407.00 feet to the
point of beginning of the line to be described; thence North 63 degrees 26 minutes 06
seconds West, a distance of 658.22 feet; thence South 25 degrees 10 minutes 56 seconds
West, a distance of 301.17 feet to the center line of said County Road No. 60, and said line
there terminating; according to the Government Survey thereof.
The West boundary line of the above-described part of the Northwest Quarter of the
Southeast Quarter has been marked by Judicial Landmarks set pursuant to Torrens Case
No. 16745.
Subject of the rights of the State of Minnesota in its sovereign capacity in the lands herein
which lie between the natural ordinary low watermark and natural ordinary high watermark
of Bryant's Long Lake (as to parts 1, 2 and 3).
Total Area of Parcels A and B = 5,899,069 ± square feet or 132.42 ± acres.
STAFF REPORT
TO: Planning Commission
FROM: Michael D. Franzen, City Planner
DATE: July 23, 2008
PROJECT: SUPERVALU Building Addition
LOCATION: North Side of Valley View Road Between 494 and 212
APPLICANT SUPERVALU, Inc
OWNERS: SUPERVALU, Inc
120 DAY REVIEW: Expires October 19, 2008
REQUEST: • Planned Unit Development Concept Review on 135 acres
• Planned Unit Development District Review on 37 acres
• Zoning District Amendment in the Office District on 37 acres
• Site Plan Review on 37 acres
BACKGROUND
The Comprehensive Guide Plan shows this site for Office, High Density Residential, and Open
Space. Approximately 37 acres of the site is zoned office. In 1978 the City approved a plan for a
165,000 square foot building with a 35,000 square foot future addition. In 1994 the City
approved a concept plan for 348,000 square feet of additional office use.
SITE PLAN
This project is a 15,000 square foot building addition for use as a conference center. The project
meets the requirements of the office zoning district for site coverage, setback, and parking.
SHORELAND ORDINANCE SETBACK
The property is adjacent to Bryant Lake which is classified as a Recreational Development
Water. The shoreland requirement applicable to the building addition is the 200 foot setback
from the ordinary high water level (OHW) of the lake. The existing building was constructed in
1978 and prior to the adoption of the shoreland ordinance in 1982 which created the setback. The
existing building is 100 feet from the OHW of the lake.
Staff Report—SUPERVALU Building Addition
June 20, 2008
Page 2
SHORE IMPACT ZONE
The shore impact zone is an area defined as one half of the shoreland setback or 100 feet.
Vegetation alteration necessary for construction of structures is permitted subject to the
following criteria:
• Limited clearing to provide a view of the water.
• A minimal amount of vegetation is disturbed.
• The screening of structures, assuming summer leaf, on conditions is not substantially
reduced.
• All disturbed areas are restored to prevent erosion potential.
The proposal meets this criteria. 6,400 square feet(1.2 %) of the shore impact area is disturbed.
An area of significant trees and understory vegetation remains between the building and the lake
which screens view of the building The disturbed area will be restored in accordance with
standard grading permit requirements.
PLANNED UNIT DEVELOPMENT WAIVERS
The building addition requires a shoreland structure setback waiver from 200 feet to 70 feet.
Reasons to consider the waiver are:
• The addition is a 1.7% encroachment of the area of the shoreland setback.
• The addition is a 1.2 % encroachment of the area of the shoreland impact zone.
• The addition has a green roof.
• Existing trees and topography screens views of the structure from the lake.
LANDSCAPING
The amount of landscaping required is based on the square footage of the buildings is 47 inches.
The required tree replacement is 12 inches. The plan meets the landscaping and tree replacement
requirements.
ARCHITECTURE
The buildings meet the requirements of City code for 75% face brick glass and stone. The
building is 21 feet tall. The code allows up to 35 feet.
STAFF RECOMMENDATIONS
Recommend approval of the following request:
• Planned Unit Development Concept Review on 135 acres
2
Staff Report—SUPERVALU Building Addition
June 20, 2008
Page 3
• Planned Unit Development District Review on 37 acres
• Zoning District Amendment in the Office District on 37 acres
• Site Plan Review on 37 acres
This is based on plans stamped dated July 18, 2008, and the following conditions:
1. Prior to grading permit issuance, the proponent shall:
A. Notify the City and Watershed District 48 hours in advance of grading.
B. Install erosion control at the grading limits.
2. Prior to building permit issuance for the property, the proponent shall:
A. Provide a landscaping/tree replacement surety equivalent to 150% of the cost of the
landscaping/tree replacement plan for 59 caliper inches.
B. Review the plans with the Fire Marshal
C. Submit building materials and colors for review and approval.
3. A PUD shoreland setback waiver from 200 feet to 70 feet is granted.
3
STAFF REPORT
TO: Planning Commission
FROM: Michael D. Franzen, City Planner
DATE: August 8, 2008
PROJECT: SUPERVALU Building Addition
LOCATION: North Side of Valley View Road Between 494 and 212
APPLICANT SUPERVALU, Inc
OWNERS: SUPERVALU, Inc
120 DAY REVIEW: Expires October 19, 2008
REQUEST: • Planned Unit Development Concept Review on 135 acres
• Planned Unit Development District Review on 37 acres
• Zoning District Amendment in the Office District on 37 acres
• Site Plan Review on 37 acres
CONTINUED ITEM
This item was reviewed at the July 28, 2008 meeting. The Planning Commission continued
discussion to allow more residents the opportunity to review and comment on the project. The
project was published in the newspaper and 27 property owner notices sent out in compliance
with city code requirements. However, SUPERVALU indicated they held a neighborhood
meeting at the corporate offices in June with invitations sent to approximately 150 property
owners. As directed by the commission for the August 11, 2008 meeting, staff published the
hearing in the newspaper, mailed notices to property owners based on the SUPERVALU list, and
scheduled the item for City Council review on August 19tn
BACKGROUND
The Comprehensive Guide Plan shows this site for Office, High Density Residential, and Open
Space. Approximately 37 acres of the site is zoned office. In 1978 the City approved a plan for a
165,000 square foot building with a 35,000 square foot future addition. In 1994 the City
approved a concept plan for 348,000 square feet of additional office use.
SITE PLAN
This project is a 15,000 square foot building addition for use as a conference center. The project
meets the requirements of the office zoning district for site coverage, setback, and parking.
Staff Report—SUPERVALU Building Addition
June 20, 2008
Page 2
SHORELAND ORDINANCE SETBACK
The property is adjacent to Bryant Lake which is classified as a Recreational Development
Water. The shoreland requirement applicable to the building addition is the 200 foot setback
from the ordinary high water level (OHW) of the lake. The existing building was constructed in
1978 and prior to the adoption of the shoreland ordinance in 1982 which created the setback. The
existing building is 100 feet from the OHW of the lake.
SHORE IMPACT ZONE
The shore impact zone is an area defined as one half of the shoreland setback or 100 feet.
Vegetation alteration necessary for construction of structures is permitted subject to the
following criteria:
• Limited clearing to provide a view of the water.
• A minimal amount of vegetation is disturbed.
• The screening of structures, assuming summer leaf, on conditions is not substantially
reduced.
• All disturbed areas are restored to prevent erosion potential.
The proposal meets this criteria. 6,400 square feet(1.2 %) of the shore impact area is disturbed.
An area of significant trees and understory vegetation remains between the building and the lake
which screens view of the building. The disturbed area will be restored in accordance with
standard grading permit requirements.
PLANNED UNIT DEVELOPMENT WAIVERS
The building addition requires a shoreland structure setback waiver from 200 feet to 50 feet.
Reasons to consider the waiver are:
• The addition is a 1.7% encroachment of the area of the shoreland setback.
• The addition is a 1.2 % encroachment of the area of the shoreland impact zone.
• The addition has a green roof.
• Existing trees and topography screens views of the structure from the lake.
LANDSCAPING
The amount of landscaping required is based on the square footage of the buildings is 47 inches.
The required tree replacement is 12 inches. The plan meets the landscaping and tree replacement
requirements.
2
Staff Report—SUPERVALU Building Addition
June 20, 2008
Page 3
ARCHITECTURE
The buildings meet the requirements of City code for 75% face brick glass and stone. The
building is 21 feet tall. The code allows up to 35 feet.
STAFF RECOMMENDATIONS
Recommend approval of the following request:
• Planned Unit Development Concept Review on 135 acres
• Planned Unit Development District Review on 37 acres
• Zoning District Amendment in the Office District on 37 acres
• Site Plan Review on 37 acres
This is based on plans stamped dated July 18, 2008, and the following conditions:
1. Prior to grading permit issuance, the proponent shall:
A. Notify the City and Watershed District 48 hours in advance of grading.
B. Install erosion control at the grading limits.
2. Prior to building permit issuance for the property, the proponent shall:
A. Provide a landscaping/tree replacement surety equivalent to 150% of the cost of the
landscaping/tree replacement plan for 59 caliper inches.
B. Review the plans with the Fire Marshal
C. Submit building materials and colors for review and approval.
3. A PUD shoreland setback waiver from 200 feet to 50 feet is granted.
3
Area Location Map - SUPERVALU Conference Center Addition
Address: 11840 Valley View Road, Eden Prairie, MN
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Guide Plan Map
SJPERVALU Conference Center Addition
Legend 11840 V al I ey V I evv Rd
Low Density Residential 0-2.5 Units/Acre i I Neighborhood Commercial
MILow Density/Public/Open Space 0 Community Commercial Eden Pra n I^I
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-Medium Density residential 2.5-10 Units/Acre-Regional Commercial ED E N
®Medium Density Residential/Office -Park/Open Space
-High Density Residential 10-40 Units/Acre -Public/Quasi-Public
i Office Q Golf Course PRAIRIE
®Office/Industrial -Church/Cemetary LIVE•WORk•OR EAM
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Zoning Map
Legend
SUPERVALU Conference Center Addition
oPar sls egional Service Comme ial 11840 V al l ey V i edv Rd
Rurel Regional Commercal
R1-44 One Family-44,000 sf.min. -TC-C Eden Pr a n N
-R1-22 One Family-22,000 sf min. MITC-R �� '1
I 1 R1-13.5 One Family-13,500 sf min. -TC-MU EDEN
-R1-9.5 One Family-9,500 sf min. -Industrial Paris-2 Acre Min,
-RM-6.5 Muld-Family-6.7 U.P.A.max. -Industrial Paris-5 Acre Min.
-RM-2.5 Muld-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. DR A I RI C
I I Office -Public 1f !Y7 L
I I Neighborhood Commercial OGolf Course c,., LIVE•WORK•OREAM
-Community Commercial I I Water No l e
-Highway Commercial I 1 Right of Way
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,JULY 28, 2008 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Cadman, John Kirk, Katie Lechelt,
Jerry Pitzrick, Peter Rocheford, Kevin Schultz,
Fred Seymour, Ray Stoelting, Jon Stoltz
STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources
Michael Franzen, City Planner
Alan Gray, City Engineer
Julie Krull, Recording Secretary
PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Rocheford, Seymour and
Stoelting.
II. APPROVAL OF AGENDA
MOTION by Pitzrick, seconded by Kirk, to approve the agenda. Motion carried
6-0.
PUBLIC HEARINGS
A. SUPERVALU
Request for:
Planned Unit Development Concept Review on 13.5 acres; Planned Unit
Development District Review on 37 acres; Zoning district Amendment in the
Office District on 37 acres; Site Plan Review on 37 acres.
Neil Libson, Director of Office Facilities for SUPERVALU, presented the
proposal. He stated they are here tonight to talk about a small addition they
would like to add to the building. The addition would be used as a conference
center. Mr. Libson presented a PowerPoint presentation which displayed an
overview of the proposed improvements. He did state many employees who work
at SUPERVALU also live and shop in Eden Prairie. A decision was made to keep
the headquarters in Eden Prairie after the acquisition of Albertson's. Because of
this, they are
planning improvements to the existing building. They have also moved 850 staff
into the renovated Best Buy headquarters facility. Mr. Libson stated the reason
for the proposed addition is because they are currently using hotels for training
and meetings and this would not be a viable long term solution.
Miles Lindberg, Senior Project Planner for Westwood Professional Services,
utilized the map in the PowerPoint presentation to point out where the addition
would be located. He stated the conference center would be located on the east
side of the building. He stated they explored all the options and chose this
location for the following reasons. It would provide minimal impact on the site
visually, environmentally and functionally. The proximity to existing services,
including food, deliveries, and elevators. The proximity to existing lobby and
cafeteria areas, and the proximity to other existing conference rooms. They are
here tonight for the variance request because the building addition would require a
shoreland setback waiver from 200 feet to 70 feet. Mr. Lindberg stated they
would also be going with a green roof for water run-off.
Mia Blanchett, Project Manager for HGA Architects,utilized the PowerPoint
presentation and showed the remodeling that would be done inside of the
building. She pointed out again they would be using the green roof and a dark
stone retaining wall, which would blend in well with the trees. Mr. Libson added
they have worked very hard to conceal the building from the lake view.
Stoltz asked Franzen to review the staff report. Franzen stated the shoreland
setback waiver is from 200 feet to 50 feet. The reasons to consider the setback
waiver are listed on page 2 of the staff report. The staff published this item in the
paper and sent out notices as required by code, however the notification list was
smaller than the one SUPERVALU used for their neighborhood meeting. The
staff would like to send another notification using the SUPERVALU list and give
the public an opportunity to comment on the project at the August 11 meeting.
This project could still be scheduled for the August 19th City Council meeting.
Pitzrick asked if notifications went out to residents across from Bryant Lake. Mr.
Lindberg said their notifications included those residents. Kirk noted that the City
followed the code for publication and notification and that sending out notices to
match the SUPERVALU list would be a good idea to give other residents another
opportunity to comment.
Stoltz opened the meeting up for public input. There was no input.
Stoltz asked in the staff report, under Shore Impact Zone, what is the City's
definition on limited clearing. Franzen said the code does not define limited
clearing. Clearing is looked at by a case by case basis as to what is a reasonable
view of the lake is. Stoltz asked if there were any discussions with the project
proponent on this matter. Franzen stated the addition impacted less than 2 % of
the shore impact zone and this was a limited clearing
Schultz asked the project proponent, in regards to the green roof, if there will be
any other initiatives completed with this project. Mr. Libson said some work is to
be done with the parking lot and the addition of retaining walls. Pitzrick asked if
they were structural retaining walls, and would trees have to be removed to add
these. Mr. Lindberg said there would be 15 trees that would have to be removed.
Pitzrick suggested using large boulders instead of the structural retaining walls.
Mr. Lindberg stated using large boulders would have the same impact as the
structural retaining wall.
Cadman said in 1982 the setback was changed to 200 feet, and asked if there was
a setback prior to this. Franzen said just the zoning setback in the office district.
The City adopted the shoreline ordinance based upon standards of the Department
of Natural Resources. Based upon the type of lake in Eden Prairie, the setbacks
could differ. Cadman asked what the main drivers were for the initial setback.
Franzen said he was unsure of the history of how the shoreland ordinance came
about,but the rules were drafted by the DNR, and reviewed at workshops and
hearings around the state to get feedback from property owners, and cities.
Cadman asked if there were environmental concerns, such as water quality or
erosions. Franzen said in 1978 there was an environmental assessment worksheet
completed, and the setback to the lake may have been a result of review
environmental factors. There was also 1994 EAW. These documents evaluate
environmental impacts and prescribe mitigation relating to tree cover, wetlands,
and water quality.
Mr. Lindberg said there are some other items they plan on doing with the project.
The manicured lawn area on the east side of the lake area is going to be converted
back to natural vegetation. There is also a patio area that is currently on a paved
surface that will be placed on a sand area with drainage, so run-off from that will
be treated before it even gets to the lake. And lastly, a rain garden will be
installed in the patio area for water run-off.
Kirk said he was surprised with the project proponent using aluminum versus
natural material. Ms. Blanchett said it is just a small area they plan on using it on;
it would just be the pop-up area of the auditorium.
Kirk stated he thinks this is an excellent project.
Stoltz said he appreciates all SUPERVALU has done with this project, such as the
green roof. He also appreciates that they are staying here in Eden Prairie.
Pitzrick concurred with Stoltz.
MOTION by Kirk, seconded by Schultz, to recommend a continuance to the
August 11, 2008, meeting. The Commission directed staff to publish and notify
the same population that SUPERVALU contacted for their neighborhood
meeting, and publish this item for the August 19th City Council meeting. Motion
carried 6-0.
The minutes from the August 11, 2008 Planning Commission meeting are
unavailable at this time.
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearing August 19, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 08-03 ITEM NO.: IX.C.
Denise Christensen Vacation of All of the Drainage and
Utility Easements lying over, under and
Public Works/Engineering across Lot 1 through Lot 4 inclusive,
Block 1, Loosen Addition
Requested Action
Move to:
• Close the public hearing; and
• Adopt the resolution vacating all of the Drainage and Utility Easements lying over, under and
across Lot 1 through Lot 4 inclusive, Block 1, Loosen Addition, according to the recorded
plat thereof, Hennepin County, Minnesota.
Synopsis
The Property Owners have requested the vacation of all the Drainage and Utility easements to
facilitate replatting of the lots to The Enclave at Old Shady Oak.
Background Information
The Drainage and Utility Easements were originally dedicated with the Loosen Addition plat.
New Drainage and Utility easements will be dedicated with The Enclave at Old Shady Oak
project.
The release of the resolution vacating the drainage and utility easements shall be conditioned on
the recording of the plat of The Enclave at Old Shady Oak.
Attachments
• Resolution
• Location Map
• Site Plan
• Published Notice
• Notification List
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2008-
VACATION OF ALL THE DRAINAGE AND UTILTY EASEMENTS OVER
LOT 1 THROUGH LOT 4 INCLUSIVE, BLOCK 1,LOOSEN ADDITION
VACATION 08-03
WHEREAS, the City of Eden Prairie has (a) certain Drainage and Utility Easements described
as follows:
All of the Drainage and Utility Easements lying over, under and across Lot 1 through Lot
4 inclusive, Block 1, Loosen Addition, according to the recorded plat thereof, Hennepin
County, Minnesota.
WHEREAS, a Public Hearing was held on August 19, 2008, after due notice was given to
affected property owners and published in accordance with M.S.A. 412.851; and
WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above
described Drainage and Utility Easements has no relationship to the comprehensive municipal
plan; and
WHEREAS, it has been determined that the said Drainage and Utility Easements are not
necessary and have no interest to the public, therefore, should be vacated.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
1. Said Drainage and Utility Easements described as:
All of the Drainage and Utility Easements lying over, under and across Lot 1
through Lot 4 inclusive, Block 1, Loosen Addition, according to the recorded plat
thereof, Hennepin County, Minnesota.
are hereby vacated.
2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with
M.S.A. 412.851.
3. This Resolution is contingent upon and shall not be effective until the plat of The Enclave
at Old Shady Oak has been recorded with the County Recorder/Registrar of Titles as
applicable. The City Clerk shall not present the Notice of Completion of Proceedings to
the County Auditor or file it with the County Recorder/Registrar of Titles until the plat of
The Enclave at Old Shady Oak is recorded.
ADOPTED by the Eden Prairie City Council on August 19, 2008.
Phil Young, Mayor
ATTEST:
SEAL
Kathleen Porta, City Clerk
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CITY OF EDEN PRAIRIE,MINNESOTA
VACATION 08-03
NOTICE OF VACATION OF
ALL OF THE DRAINAGE AND UTILITY EASEMENTS OVER,UNDER AND ACROSS
LOT 1 THROUGH LOT 4 INCLUSIVE, BLOCK 1, LOOSEN ADDITION
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Eden Prairie City
Council at the Eden Prairie City Hall, 8080 Mitchell Road,Eden Prairie,Minnesota, on August 19,
2008 at 7:00 p.m. to hear all persons present upon the proposed vacation of all the Drainage and
Utility Easements described as follows:
All of the Drainage and Utility Easements lying over, under and across Lot 1 through Lot
4 inclusive, Block 1, Loosen Addition, according to the recorded plat thereof, Hennepin
County, Minnesota.
By Order of the City Council
Published in the Eden Prairie News on July 31, 2008
NOTIFICATION LIST
VACATION REQUEST 08-03
A copy of the Public Hearing Notice has been sent to owners of the following parcels:
02-116-22-11-0002
02-116-22-11-0009
02-116-22-11-0019
02-116-22-11-0023, 0024, 0025, 0026, 0027
02-116-22-11-0028
A copy of the Public Hearing Notice has been sent to the following Utilities:
CenterPoint Energy
Comcast
Qwest Communications
Xcel Energy
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearing August 19, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: LC. 52-157 ITEM NO.: IX.D.
Al Gray Cancel Public Hearing for Riverview
Public Works/Engineering Road Street and Utility Improvements
Requested Action
Move to: Cancel the public hearing for I.C. 52-157, Riverview Road Street and Utility
Improvements.
Synopsis
At a neighborhood meeting on August 6, 2008, Riverview Road residents and Engineering staff
discussed the proposed improvements and financing plans presented in the Feasibility Study. At
this meeting, residents voiced a strong desire to delay construction of the project and allow time
to form a neighborhood committee to work with staff on ways to improve the current project.
Residents are particularly interested in evaluating alternative solutions to managing Xcel
facilities in the corridor and preserving select trees along the north side of the corridor adjacent
to the trail.
Background Information
The segment of Riverview Road between Parker Drive and Homeward Hills Road is a narrow
bituminous surface in poor condition. There is no pedestrian facility serving the adjoining
neighborhoods. The proposed improvements will correct these deficiencies and improve the
visual character of the corridor. The current plan represents the vision of a previous
neighborhood committee that worked with staff over several years in the mid-1990's. Staff
recommends reviving this process to make further refinements based on the neighborhood's
interest and commitment.
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims August 19, 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 176496— 177772
Wire Transfers 3090—3137
City of Eden Prairie
Council Check Summary
8/19/2008
Division Amount Division Amount
General 163,260 432 G.O. Improvement Bonds 2006C 19,019
100 City Manager 2,647 433 2007A Facility Lease-3rd Rink 2,000
101 Legislative 2,230 502 Park Development 11,875
102 Legal Counsel 18,467 503 Utility Improvement 152,427
110 City Clerk 7,260 506 Improvment Bonds 1996 26,047
111 Customer Service 44,305 509 CIP Fund 298,284
112 Human Resources 39 512 CIP Trails 3,713
113 Communications 13,030 513 CIP Pavement Management 677,308
114 Benefits&Training 14,847 515 Fire Station#4 675
116 Facilities 94,066 519 Community Center Expansion 119,261
117 City Center 140,331 520 Parks Referendum 149,957
119 Cmty Center-Facilities 108,554 521 Trails Referendum 11,322
130 Assessing 3,451 522 Improvement Projects 2006 50,074
131 Finance 2,339 524 Sprint/Nextel 2,479
132 Housing and Community Services 36,917 601 Prairie Village Liquor 286,059
133 Planning 5,004 602 Den Road Liquor 402,418
135 Information Technology 563 603 Prairie View Liquor 228,178
136 Public Safety Communications 4,539 605 Den Road Building 5,337
137 Economic Development 395 701 Water Fund 317,862
138 Community Development Admin. 1,072 702 Sewer Fund 302,924
150 Park Administration 3,779 703 Storm Drainage Fund 66,607
151 Park Maintenance 71,512 802 494 Commuter Services 26,662
153 Organized Athletics 20,240 803 Escrow Fund 20,134
154 Community Center 27,206 806 SAC Agency Fund 21,900
155 Beaches 1,471 807 Benefits Fund 1,249,010
156 Youth Programs 38,380 809 Investment Fund 5,968
157 Special Events 35,944 810 Workers Comp Insurance 2,175
158 Adult Recreation 3,010 811 Property Insurance 211,006
159 Recreation Administration 6,487 812 Fleet Internal Service 186,568
160 Therapeutic Recreation 3,481 813 IT Internal Service 101,994
161 Oak Point Pool 551
162 Arts 12,949 Report Totals 7,978,116
163 Outdoor Center 12,775
164 Park Rental Facilities 265
168 Arts Center 4,482
180 Police 37,453
183 Emergency Preparedness 4,858
184 Fire 91,298
186 Inspections 184
200 Engineering 287
201 Street Maintenance 612,723
202 Street Lighting 62,749
301 CDBG 33,990
303 Cemetary Operation 1,474
304 Senior Board 1,096
308 E-911 212
309 DWI Forfeiture 62
312 Recycle Rebate 17,318
315 Economic Development 1,204,643
316 WAFTA 1,149
421 2003A Park Bonds Refunding 25,453
423 2003C Open Space Bonds 17,733
427 2005 G.O.IMPR BONDS 350
City of Eden Prairie
Council Check Register
8/19/2008
Check# Amount Vendor/Explanation Account Description Business Unit
3090 1,623 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits
3091 13,011 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
3092 17,763 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
3093 114,587 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
3094 12,035 US BANK TRUST HRA Health and Benefits
3095 33,356 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
3096 178,766 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits
3097 493 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
3098 20,913 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund
3108 41,718 US BANK
3109 13,024 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
3110 17,700 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
3111 114,231 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
3112 33,745 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
3113 180,999 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits
3114 114 ADMINISTRATION RESOURCES CORP Other Contracted Services Health and Benefits
3115 1,623 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits
3116 1 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund
3117 1,876 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
3118 15,824 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits
3128 23,005 US BANK
3129 12,865 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
3130 17,655 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
3131 113,515 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
3132 11,890 US BANK TRUST HRA Health and Benefits
3133 179,689 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits
3134 33,036 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
3135 43,185 US BANK TRUST NATIONAL ASSN Interest 2003C Open Space Refunding Bon
3137 19,019 WELLS FARGO BANK MINNESOTA NA Interest G.O.Improvement Bonds 2006C
176496 75 ZEIGLE,PAUL General 494 Corridor Commission
176497 198 1ST LINE/LEEWES VENTURES LLC Merchandise for Resale Concessions
176498 1,274 A MEYER'S ENTERPRISES INC Operating Supplies Outdoor Center
176499 627 ADOLPH KIEFER Safety Supplies Round Lake Beach
176500 108 AFFILIATED EMERGENCY VETERINAR Other Contracted Services Animal Control
176501 722 AGGREGATE INDUSTRIES Repair&Maint.Supplies Storm Drainage
176502 800 ALM,MARY JANE Other Contracted Services Staring Lake Concert
176503 102 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store
176504 253 ANDERSON,BRYAN E Other Contracted Services Softball
176505 29 AQUA ENGINEERING INC Repair&Maint.Supplies Park Maintenance
176506 736 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks
176507 161 AVI SYSTEMS INC Other Contracted Services Communications
176508 30 B&V VENDING INC Merchandise for Resale Concessions
176509 171 BATTERY TECH INC Equipment Parts Fleet Operating
176510 193 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
176511 225 BCA BTS Training Supplies Police
176512 54 BECKER,KATIE Mileage&Parking Playgrounds
176513 6,436 BELLBOY CORPORATION Transportation Prairie View Liquor Store
176514 2,495 BERWALD ROOFING CO INC Building Repair&Maint. Water Treatment Plant
176515 216 BIFFS INC Waste Disposal Park Maintenance
176516 134 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Park Shelters
176517 1,357 BLOOMINGTON,CITY OF Other Contracted Services Animal Control
176518 1,125 BOLD,PAULINE Instructor Service Outdoor Center
176519 799 BRAUN INTERTEC CORPORATION Improvement Contracts Construction Fixed Asset
176520 1,398 BUCK,NATHAN Other Contracted Services Softball
176521 1,429 BUETOW AND ASSOCIATES INC Design&Engineering Planning&Development
176522 170 CAT&FIDDLE BEVERAGE Wine Imported Prairie View Liquor Store
176523 1,037 CATCO PARTS SERVICE Equipment Parts Fleet Operating
176524 897 CDW GOVERNMENT INC. Capital Under$10,000 Records Management
176525 339 CENTERPOINT ENERGY Gas Edenvale Park
176526 3,328 CENTURYTEL Telephone Sewer Liftstation
176527 220 COLOR PRINTING Printing Police
Check# Amount Vendor/Explanation Account Description Business Unit
176528 330 CONSOLIDATED CONTAINER CO LLC Operating Supplies Police
176529 1,904 CORPORATE EXPRESS Printing Pool Lessons
176530 84 CUB FOODS EDEN PRAIRIE Miscellaneous Police
176531 9,624 DAY DISTRIBUTING Beer Prairie View Liquor Store
176532 238 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General
176533 1,755 DECORATIVE DESIGNS INC Contract Svcs-Int.Landscape City Center Operations
176534 192 DELEGARD TOOL CO Small Tools Fleet Operating
176535 1,956 DISCOUNT SCHOOL SUPPLY Capital Under$10,000 Capital Impr./Maint.Fund
176537 22,094 DIVERSE BUILDING MAINTENANCE CH Robinson Janitor Service City Ctr-Tenant Direct Costs
176538 152,507 DOMINIUM TIF Payment Project Fund
176539 21,652 DORAN CONSTRUCTION INC Contract Svcs-General Bldg Ice Arena Maintenance
176540 1,841 EAGLE WINE COMPANY Transportation Prairie View Liquor Store
176541 840 EDEN PRAIRIE APPLIANCE Capital Under$10,000 City Center Operations
176542 230 ELIASON,STEVE J Other Contracted Services Softball
176543 12,805 ENVIRONMENTAL PROCESS INC Building Repair&Maint. Capital Impr./Maint.Fund
176544 88 FASTSIGNS Printing Aquatics&Fitness Admin
176545 277 FERGUSON ENTERPRISES#525 Machinery&Equipment Utility Improvement Fund
176546 200 FIREHOUSE MAGAZINE Dues&Subscriptions Fire
176547 400 FORDAHL,TAMARA Other Contracted Services Volleyball
176548 858 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations-General
176549 38 GARDEN ROOM FRATELLI'S GARDEN Training Supplies Organizational Services
176550 96 GINA MARIAS INC Operating Supplies Reserves
176551 540 GOVDELIVERY Software Maintenance IT Operating
176552 771 GRAINGER Repair&Maint.Supplies Prairie Village Liquor Store
176553 1,592 GRAPE BEGINNINGS Transportation Den Road Liquor Store
176554 660 GRAPHIC SOURCE INC Advertising Staring Lake Concert
176555 5,490 GRAYMONT Treatment Chemicals Water Treatment Plant
176556 422 GRAZZINI BROTHERS&COMPANY Contract Svcs-General Bldg Pool Maintenance
176557 189 GREAT AMERICAN BUSINESS PRODUC Operating Supplies Community Center Admin
176558 252 GREENMAN TECHNOLOGIES OF MN IN Equipment Parts Fleet Operating
176560 13,715 GRIGGS COOPER&CO Transportation Prairie View Liquor Store
176561 8 HARTLEY,MARY KAY Events/Admission Fee Teen Programs
176562 495 HEARTLAND DISTRIBUTION LLC Tires Fleet Operating
176563 392 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating
176564 215 HENNEPIN COUNTY TREASURER Licenses&Taxes Water System Maintenance
176565 35 HYDROLOGIC WATER MANAGEMENT Repair&Maint.Supplies Park Maintenance
176566 1,069 IDEAL SERVICE INC Equipment Repair&Maint Water Treatment Plant
176567 48 IMAGETECH SERVICES Operating Supplies Park Maintenance
176568 5,000 INNOVATIVE GRAPHICS Clothing&Uniforms Playgrounds
176569 184 INTERNATIONAL CODE COUNCIL Operating Supplies Inspections-Administration
176570 7,859 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Wells
176571 13,355 J&D WINDOW CLEANING Janitor Service-General Bldg Fire Station#2
176572 425 JERDE,BRENDA Other Contracted Services Volleyball
176573 150 JERDE,DEREK D Other Contracted Services Volleyball
176574 16,492 JJ TAYLOR DIST OF MN Transportation Prairie View Liquor Store
176578 30,280 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store
176579 1,888 KEEPERS Clothing&Uniforms Police
176580 18 KOCOUREK,JOAN Clothing&Uniforms Police
176581 624 KRAEMER MINING&MATERIALS INC Asphalt Overlay Street Maintenance
176582 350 KUHL,KIMBER Other Contracted Services Volleyball
176583 667 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#2
176584 23,706 LAVAN FLOOR COVERING Contract Svcs-General Bldg Community Center Maintenance
176585 11,150 LIQUID ENGINEERING CORPORATION Other Contracted Services Water Storage
176586 196 LORENZ,JOYCE Dues&Subscriptions Communications
176587 800 LUSHINE,PEGGY E Other Contracted Services Arts Initiative
176588 94 M.AMUNDSON LLP Misc Taxable Den Road Liquor Store
176589 18,829 MARK VII Beer Prairie Village Liquor Store
176590 292 MASS BAR-MATE CORP Transportation Den Road Liquor Store
176591 161 MENARDS Repair&Maint.Supplies Storm Drainage
176592 16 MERLINS ACE HARDWARE Supplies-General Bldg Community Center Maintenance
176593 200 METRO LEAK DETECTION OCS-Utility Locates Water System Maintenance
176594 467 METROPOLITAN FORD Equipment Parts Fleet Operating
176595 9,711 MIDWEST ASPHALT CORPORATION Repair&Maint. Supplies Storm Drainage
176596 497 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store
176597 1,229 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
Check# Amount Vendor/Explanation Account Description Business Unit
176598 1,080 MINNESOTA CONWAY Equipment Testing/Cert. Utility Operations-General
176599 95 MINNESOTA COUNTY ATTORNEYS ASS Tuition Reimbursement/School Police
176600 450 MINNESOTA GFOA Conference Expense Finance
176601 150 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage
176602 23 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Water Treatment Plant
176603 212 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals
176604 177 MINNESOTA WANNER COMPANY Repair&Maint.Supplies Park Maintenance
176605 157 MT GLOBAL LLC Transportation Den Road Liquor Store
176606 182 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
176607 864 NCT INC Conference Expense IT Operating
176608 4,121 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating
176609 108 OFFICE DEPOT CREDIT PLAN Office Supplies Utility Operations-General
176610 480 ONCE UPON A STAR Instructor Service Summer Skill Development
176611 520 OPPORTUNITY PARTNERS Janitor Service City Center Operations
176612 821 OUTDOORS AGAIN INC Other Contracted Services Pleasant Hill Cemetery
176613 4,899 PARADIGM SYSTEM SOLUTIONS,INC Computers IT Capital
176614 895 PARTEK SUPPLY INC Asphalt Overlay Street Maintenance
176615 1,625 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store
176616 277 PC MALL Other Hardware IT Operating
176617 444 PEPSI COLA COMPANY Merchandise for Resale Concessions
176619 10,153 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store
176620 344 PITNEY BOWES Postage General
176621 1,615 PITNEYWORKS Postage General
176622 241 POMP'S TIRE SERVICE INC Equipment Repair&Maint Fleet Operating
176623 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General
176624 819 PRAIRIE ELECTRIC COMPANY Other Contracted Services Utility Improvement Fund
176625 7 PRAIRIE LAWN AND GARDEN Operating Supplies Street Maintenance
176627 475 PRIOR WINE COMPANY Transportation Prairie Village Liquor Store
176628 14,378 QUALITY FLOW SYSTEMS INC Machinery&Equipment Utility Improvement Fund
176629 99 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
176631 15,138 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store
176632 2,577 QWEST Pager&Cell Phone Water Distribution
176633 429 RAYMOND PRODUCTS CO INC Supplies-General Bldg Community Center Maintenance
176634 13,992 REAL ESTATE EQUITIES MANAGEMEN TIF Payment Project Fund
176635 218 RECREATION SUPPLY CO Supplies-General Bldg Pool Maintenance
176636 391 REED BUSINESS INFORMATION Advertising Capital Impr./Maint.Fund
176637 200 REESE,TIMOTHY J Other Contracted Services Riley-Jacques Barn
176638 750 REGNIER,MARK Other Contracted Services Staring Lake Concert
176639 384 RELIAKOR SERVICES INC Contract Svcs-Asphalt/Concr. City Hall-CAM
176640 298 REPUBLIC FIRST NATIONAL Bond Issue Costs Fire
176641 700 RICHARD ALAN PRODUCTIONS Other Contracted Services Staring Lake Concert
176642 150 SALUD AMERICA INC Transportation Prairie Village Liquor Store
176643 598 SCHWARTZ,DONALD Other Contracted Services Softball
176644 679 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store
176645 4,657 SHORT ELLIOTT HENDRICKSON INC Improvement Contracts Construction Fixed Asset
176646 105 SHRED-IT Waste Disposal City Center Operations
176647 575 SIEMENS BUILDING TECHNOLOGIES Contract Svcs-Fire/Life/Safe 3rd Sheet of Ice
176648 230,821 SILVERCREST PROPERTIES TIF Payment Project Fund
176649 102 SIRCHIE FINGER PRINT LABORATOR Operating Supplies Police
176650 55 SNAP-ON TOOLS Small Tools Fleet Operating
176651 93 SPS COMPANIES Supplies-Plumbing Park Shelters
176652 542 STANLEY SECURITY SOLUTIONS INC Supplies-Security Community Center Maintenance
176653 765 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating
176654 554 STREICHERS Operating Supplies Police
176655 79 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
176656 109,854 TE MILLER DEVELOPMENT LLC TIF Payment Project Fund
176657 105,725 TEALWOOD CARE CENTER TIF Payment Project Fund
176658 28,249 THORPE DISTRIBUTING Beer Prairie View Liquor Store
176659 146 TOM'S WINDOW CLEANING Janitor Service-General Bldg Prairie View Liquor Store
176660 550 TWIN CITIES HOT CLUB,THE Other Contracted Services Staring Lake Concert
176661 2,038 TWIN CITY SEED CO Landscape Materials/Supp Parks Referendum
176662 524 TWIN CITY TACTICAL Training Supplies Police
176663 1,000 UNCOMMON GATHERINGS Other Contracted Services Arts Initiative
176664 169 UNCOMMON GATHERINGS Clothing&Uniforms Arts Initiative
176665 61 UNCOMMON GATHERINGS Operating Supplies Arts Initiative
Check# Amount Vendor/Explanation Account Description Business Unit
176666 13,647 UNITED PROPERTIES TIF Payment Project Fund
176667 86 VERIZON WIRELESS Telephone E-911 Program
176668 349 VINOCOPIA Transportation Den Road Liquor Store
176669 19,995 VIRCHOW KRAUSE&COMPANY Software Maintenance IT Operating
176670 8,059 VTI Other Assets Capital Impr./Maint.Fund
176671 760 WALL TRENDS INC Contract Svcs-General Bldg Park Shelters
176672 226 WALSER CHRYSLER JEEP Equipment Repair&Maint Fleet Operating
176673 10,659 WEIS MANAGEMENT TIF Payment Project Fund
176674 771 WINE COMPANY,THE Transportation Prairie View Liquor Store
176676 3,448 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store
176677 200 WINTER,CARA Other Contracted Services Volleyball
176678 68 WITT,BETH Operating Supplies July 4th Celebration
176679 1,828 WORK CONNECTION,THE Other Contracted Services Park Maintenance
176680 2,045 WORLD CLASS WINES INC Transportation Prairie View Liquor Store
176681 61 XCEL ENERGY Electric Emergency Preparedness
176682 1,362 YALE MECHANICAL INC Contract Svcs-HVAC Fire Station#3
176683 174 YOUNG,PHIL Conference Expense City Council
176684 550 ZAHN,GERALD Other Contracted Services Volleyball
176685 614 ZEP MANUFACTURING CO Equipment Parts Fleet Operating
176686 1,081 ZOELLNER,MARK Other Contracted Services Softball
176687 40 AMERICAN LUNG ASOCIATION Deposits Escrow
176688 399 BRANHAM,MARYBETH Insurance Property Insurance
176689 58 CHUNG,JI EUN Program Fee Playgrounds
176690 104 CLAREYS INC Clothing&Uniforms Utility Operations-General
176691 1,286 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Infiltration/Inflow Study
176692 40 FERSTER,GEOFFREY Deposits Community Center Admin
176693 20 FRERICKS,KOREY Deposits Community Center Admin
176694 20 FUGLESTEN,LARRY Deposits Community Center Admin
176695 389 GENERAL GROWTH PROPERTIES LP-E Building Rental Housing and Community Service
176696 20 GOPINATH,NANDINI Deposits Community Center Admin
176697 40 GUILLE,DAVID&LINDA Deposits Community Center Admin
176698 20 HANISCH,RYAN Deposits Community Center Admin
176699 411 HD SUPPLY WATERWORKS LTD Building Materials Community Center Expansion
176700 50 HUNG,SHERI Lessons&Classes Oak Point Lessons
176701 1,925 ITRON INC. Maintenance Contracts Water Metering
176702 108 JOHNSON,BRENDA Program Fee Playgrounds
176703 20 MATTSON,BONNIE Deposits Community Center Admin
176704 50 MOODIE,JANE Program Fee Tennis
176705 115 OLSEN,JACKIE Program Fee Camps
176706 20 PASHINA,JULIE Deposits Community Center Admin
176707 9,416 PRAIRIE PARTNERS SIX LLP Building Repair&Maint. Prairie Village Liquor Store
176708 8,068 PRAIRIEVIEW RETAIL LLC Advertising Prairie View Liquor Store
176709 20 PROCTOR,MILDRED Deposits Community Center Admin
176710 80 SCHROEDER,TRACY Lessons&Classes Fitness Classes
176711 6 STILLER,SUE Program Fee Tennis
176712 36 TABERY,LEROY Program Fee Arts&Drama Programs
176713 25 THOMAS,S C Program Fee Outdoor Center
176714 68 VOEHL,DAWN Program Fee Day Camp
176715 28 WINTERS,CAROLYN Lessons&Classes Pool Lessons
176716 20 WOESSNER,MARK Deposits Community Center Admin
176717 5 YOUNGS,MARIA Program Fee Trips
176719 153 ASHTIANI,SHAYAN Other Contracted Services Teen Work Program
176720 144 BALES,SEAN Other Contracted Services Teen Work Program
176721 72 BARTNIK,AARON B Other Contracted Services Teen Work Program
176722 81 BERRETH,NATALIE E Other Contracted Services Teen Work Program
176723 99 BERTHOLD,SAMUEL J Other Contracted Services Teen Work Program
176724 162 BLISS,BRONTE R Other Contracted Services Teen Work Program
176725 81 BRIDENSTINE,MADELEINE P Other Contracted Services Teen Work Program
176726 108 CONSTANS,ANDREW F Other Contracted Services Teen Work Program
176727 81 CRAMPTON,KELLY A Other Contracted Services Teen Work Program
176728 81 CRUMRINE,ROBERT R Other Contracted Services Teen Work Program
176729 135 ENDRES,REBECCA A Other Contracted Services Teen Work Program
176730 144 FALLDIN,ZACHARY K Other Contracted Services Teen Work Program
176731 153 FREUDENBERG,JESSICA R Other Contracted Services Teen Work Program
176732 457 HANSON,NOEL Deposits Escrow
Check# Amount Vendor/Explanation Account Description Business Unit
176733 477 HANSON,NOEL P Deposits Escrow
176734 162 HOLM,SARAH A Other Contracted Services Teen Work Program
176735 36 HOU,YIDING Other Contracted Services Teen Work Program
176736 135 JASKULKE,TAYLOR A Other Contracted Services Teen Work Program
176737 108 JOHNSON,CHASE Other Contracted Services Teen Work Program
176738 72 KRANTZ,ELIZABETH K Other Contracted Services Teen Work Program
176739 90 KRANTZ,KEVIN J Other Contracted Services Teen Work Program
176740 54 KRULL, JESSE Other Contracted Services Teen Work Program
176741 153 LANGEFELS,KELSEY Other Contracted Services Teen Work Program
176742 36 LELYUHK,DENIS Other Contracted Services Teen Work Program
176743 72 MARQUIS,KATHERINE I Other Contracted Services Teen Work Program
176744 21,681 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund
176745 153 MILTON,EMILY G Other Contracted Services Teen Work Program
176746 81 MULLETT,JACKSON L Other Contracted Services Teen Work Program
176747 108 O'BRIEN LOREN D Other Contracted Services Teen Work Program
176748 99 O'CONNELL,KAYLEE M T Other Contracted Services Teen Work Program
176749 22 RICHFIELD,CITY OF Autos Fire-Fixed Assets
176750 4 RICHFIELD,CITY OF Autos Police-Fixed Asset
176751 81 SCHMIT,PATRICK K Other Contracted Services Teen Work Program
176752 153 SHAH,BANSARI B Other Contracted Services Teen Work Program
176753 90 SHAW,CARLEY Other Contracted Services Teen Work Program
176754 22 STATE OF MINNESOTA Operating Supplies DWI Forfeiture
176755 126 SYED,ZOHAIB Other Contracted Services Teen Work Program
176756 153 ULRICH,RYAN S Other Contracted Services Teen Work Program
176757 90 WADNAL,ERIC E Other Contracted Services Teen Work Program
176758 1,656 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
176759 99 A TO Z RENTAL CENTER Repair&Maint-Ice Rink Community Center Maintenance
176760 11,871 A-SCAPE INC Contract Svcs-Lawn Maint. City Hall-CAM
176761 296 AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint.Supplies Water System Maintenance
176762 290 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
176763 140 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
176764 2,486 ACTION FLEET INC Equipment Repair&Maint Fleet Operating
176765 462 ADOLPH KIEFER Recreation Supplies Pool Lessons
176766 2,185 ADRIAN'S PICNIC CATERING Miscellaneous Internal Events
176767 25,879 ADVANCED ENGINEERING&ENVIRON Design&Engineering Utility Improvement Fund
176768 2,042 AGGREGATE INDUSTRIES Repair&Maint.Supplies Storm Drainage
176769 3,507 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture
176770 106 AMERICAN PRESSURE INC Equipment Parts Utility Operations-General
176771 113 AMERIPRIDE LINEN&APPAREL SER Repair&Maint. Supplies Prairie Village Liquor Store
176772 373 AMERITRAK Other Contracted Services Street Maintenance
176773 2,292 AMSAN LLC Operating Supplies Dunn Brothers
176774 2,154 ANCHOR PRINTING COMPANY Printing July 4th Celebration
176775 200 APOGEE RETAIL LLC Other Contracted Services Recycle Rebate
176776 4,544 APSC Capital Under$10,000 Prairie View Liquor Store
176777 1,170 AQUA ENGINEERING INC Grounds Maintenance Utility Operations-General
176778 6,185 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance
176779 1,238 ASTLEFORD EQUIPMENT COMPANY IN Equipment Repair&Maint Fleet Operating
176780 90 AT&T MOBILITY Pager&Cell Phone Water System Maintenance
176781 47 BALDWIN,CATHERINE Deposits Community Center Admin
176782 2,671 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage
176783 2,360 BDS Contract Svcs-General Bldg Fire Station#3
176784 32 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance
176785 82 BECKERS,HOLLY Mileage&Parking Tennis
176787 8,407 BELLBOY CORPORATION Transportation Prairie View Liquor Store
176788 49 BELLE SERVICES CORPORATION Operating Supplies Park Maintenance
176789 82 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General
176791 5,427 BIFFS INC Waste Disposal Park Maintenance
176792 465 BOYER TRUCKS Equipment Parts Fleet Operating
176793 4,084 BRAUN 1NTERTEC CORPORATION Testing-Soil Boring Improvement Projects 1996
176794 889 CAT&FIDDLE BEVERAGE Wine Domestic Prairie Village Liquor Store
176795 344 CATCO PARTS SERVICE Equipment Parts Sewer System Maintenance
176797 2,872 CENTERPOINT ENERGY Gas Arts Center Facilities
176798 58 CHRISTENSEN,MARGE Program Fee Trips
176799 4,122 CLAREYS INC Equipment Parts Fleet Operating
176800 80 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund
Check# Amount Vendor/Explanation Account Description Business Unit
176801 228 CORPORATE EXPRESS Office Supplies General
176802 1,872 COSTCO Merchandise for Resale Concessions
176803 23,850 COURT SURFACES&REPAIR Seal Coating Park Maintenance
176804 112 CRACAUER,CLIFF Mileage&Parking Fleet Operating
176805 54 CULLIGAN BOTTLED WATER Operating Supplies Fire
176806 49 CUSHMAN MOTOR COMPANY INC. Equipment Repair&Maint Park Maintenance
176807 627 CWH RESEARCH INC. Employment Support Test Organizational Services
176808 10,100 DAY DISTRIBUTING Misc Non-Taxable Prairie View Liquor Store
176809 200 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery
176810 10,168 E&S HOME TRANSFORMERS Other Contracted Services Rehab
176811 3,119 EAGLE WINE COMPANY Transportation Den Road Liquor Store
176812 570 EARL F ANDERSEN INC Signs Traffic Signs
176813 19 ELECTION SYSTEMS&SOFTWARE IN Operating Supplies Elections
176814 322 ELIASON,STEVE J Other Contracted Services Softball
176815 180 ELLIOTT,DESHAE Lessons&Classes Pool Lessons
176816 797 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating
176817 5,067 ESS BROTHERS&SONS INC Repair&Maint.Supplies Infiltration/Inflow Study
176818 1,822 ETICA FAIR TRADE Wine Imported Prairie View Liquor Store
176819 110 FINLEY BROS INC Operating Supplies Park Maintenance
176820 4,127 FORCE AMERICA Equipment Parts Fleet Operating
176821 1,120 FRIES,ARTHUR B Other Contracted Services WAFTA
176822 53 GARDEN ROOM FRATELLI'S GARDEN Miscellaneous Internal Events
176823 1,664 GE CAPITAL Other Rentals General
176824 507,891 GENERAL GROWTH PROPERTIES INC TIF Payment Project Fund
176825 250 GINA MARIAS INC Operating Supplies Fire
176826 56 GLASS,ALAINA Mileage&Parking Therapeutic Rec Administration
176827 250 GLORYLAND GOSPEL BAND Other Contracted Services Staring Lake Concert
176828 775 GODWIN,MARIE B Other Contracted Services Volleyball
176829 596 GRAINGER Repair&Maint.Supplies Water Wells
176830 630 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store
176831 13,567 GRAYMONT Treatment Chemicals Water Treatment Plant
176833 14,731 GRIGGS COOPER&CO Transportation Den Road Liquor Store
176834 99 HALL,DERRECK Other Contracted Services Softball
176835 2,350 HARLEY CONSULTING&COACHING Other Contracted Services Organizational Services
176836 200 HARMON INC. Contract Svcs-General Bldg Den Road Building
176837 60,219 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating
176838 4,320 HAWKINS INC Treatment Chemicals Water Treatment Plant
176839 3,469 HD SUPPLY WATERWORKS LTD Small Tools Water System Maintenance
176840 92 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering
176841 2,450 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
176842 350 HENNEPIN TECHNICAL COLLEGE Building Rental Recycle Rebate
176843 50 HENRY,PAUL Other Contracted Services Volleyball
176844 683 HIGHWAY TECHNOLOGIES Other Rentals Recycle Rebate
176845 194 HOBART Contract Svcs-Garden Rm/Caf. City Hall-CAM
176846 1,850 HOHENSTEINS INC Beer Prairie View Liquor Store
176847 970 HORNADY MFG Training Supplies Police
176848 422 HYDROLOGIC WATER MANAGEMENT Repair&Maint.Supplies Park Maintenance
176849 1,088 ICI DULUX PAINT CTRS Building Materials Rice Marsh Lake Park
176850 95 INDUSTRIAL LIGHTING SUPPLY INC Operating Supplies Utility Operations-General
176851 793 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund
176852 198 J H LARSON COMPANY Contract Svcs-Electrical City Hall-CAM
176853 1,620 JELLY BEANS Instructor Service Arts&Drama Programs
176854 207 JENKINS,JOEL S Other Contracted Services Softball
176855 120 JEREMIAH,JANET Mileage&Parking Community Development Admin.
176856 14,518 JJ TAYLOR DIST OF MN Wine Domestic Prairie View Liquor Store
176859 38,855 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store
176860 6,187 KEEPERS Clothing&Uniforms Fire
176861 21,293 KRAEMER MINING&MATERIALS INC Asphalt Overlay Street Maintenance
176862 76 LACROIX,MICHAEL Supply-Playing Cards Senior Board
176863 288 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#1
176864 1,860 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Operating
176865 321 LANDS END CORPORATE SALES Clothing&Uniforms Police
176866 500 LEE,BOYD F Other Contracted Services Staring Lake Concert
176867 20 LIU,HOWARD Deposits Community Center Admin
176868 32,360 LOGIS Network Support IT Operating
Check# Amount Vendor/Explanation Account Description Business Unit
176869 460 LONESKY,JAMES G Other Contracted Services Softball
176870 303 LOWERY,THOMAS Tuition Reimbursement/School Police
176871 408 M.AMUNDSON LLP Misc Non-Taxable Prairie View Liquor Store
176872 810 MAACO Equipment Repair&Maint Fleet Operating
176873 12,405 MARK VII Misc Taxable Prairie View Liquor Store
176874 432 MENARDS Cleaning Supplies Utility Operations-General
176875 55 MERLINS ACE HARDWARE Operating Supplies Park Maintenance
176876 3,871 MIDWEST ASPHALT CORPORATION Repair&Maint. Supplies Sewer System Maintenance
176877 1,004 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
176878 1,200 MINNESOTA CONWAY Equipment Repair&Maint Fleet Operating
176879 887 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance
176880 23 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Sewer System Maintenance
176881 3,020 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General
176882 256 MINNESOTA REVENUE Licenses&Taxes Fleet Operating
176883 1,968 MINNESOTA VALLEY ELECTRIC COOP Electric Stormwater Liftstation
176884 230 MNUSKIN,IRINA Program Fee Camps
176885 101 MOBILE RADIO ENGINEERING INC Capital Under$10,000 Sprint/Nextel
176886 323 MORGAN CREEK VINEYARDS Wine Domestic Den Road Liquor Store
176887 160 MT GLOBAL LLC Wine Imported Den Road Liquor Store
176888 1,509 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store
176889 1,226 NILSSON,BETH Instructor Service Ice Arena
176890 600 NORTHERN AIR CORPORATION Cash Over/Short General Fund
176891 11 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating
176892 939 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating
176893 785 OSI BATTERIES INC Operating Supplies Police
176894 100 OTTERNESS,RON Instructor Service Outdoor Center
176895 200 PARKER,JAMES E Other Contracted Services Riley-Jacques Barn
176896 5,420 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store
176897 85 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store
176899 17,267 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store
176900 1,050 PLANET SPIRIT Instructor Service Camps
176901 1,550 PLEHAL BLACKTOPPING INC Other Contracted Services Water System Maintenance
176902 80 POKORNY COMPANY Supplies-Plumbing Community Center Maintenance
176903 23 POWERPLAN OIB Equipment Parts Fleet Operating
176904 113 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Water System Maintenance
176905 53,994 PRAIRIE VILLAGE LMTD PARTNERSH TIF Payment Project Fund
176906 106,624 PRECISION SEALCOATING INC Crack Filling Street Maintenance
176907 2,595 PRIOR WINE COMPANY Transportation Den Road Liquor Store
176908 201 PROP United Way Withheld General Fund
176909 8,000 PROP Other Contracted Services Housing and Community Service
176910 2,949 PROP Refunds CDBG-Public Service
176911 102 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
176913 23,496 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store
176914 1,251 QWEST Telephone IT Telephone
176915 3,370 QWEST RESOURCE ALLOCATION-BART Improvement Contracts CIP Trails
176916 910 RAY,LEE Other Contracted Services Softball
176917 105 RON'S MECHANICAL INC Mechanical Permits General Fund
176918 85 SCHAITBERGER,CHUCK Operating Supplies Safety Camp
176919 845 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store
176920 27,633 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 2006
176921 100 SKOGG,RAYN Refunds Environmental Education
176922 160 SNAP-ON TOOLS Equipment Parts Fleet Operating
176923 150 SONNY'S BUILDING MAINTENANCE Contract Svcs-Roof Fire Station#1
176924 295 SOUNDS GREAT Other Contracted Services Safety Camp
176925 1,087 SPIRIT APPAREL&STUFF Clothing&Uniforms Pool Operations
176926 542 STANLEY SECURITY SOLUTIONS INC Supplies-Security Community Center Maintenance
176927 738 STREICHERS Clothing&Uniforms Police
176928 200 TBEI INC Equipment Parts Fleet Operating
176929 477 TESSMAN SEED CO Landscape Materials/Supp Street Maintenance
176930 4,550 THATCHER COMPANY OF MONTANA Treatment Chemicals Water Treatment Plant
176931 543 THE OASIS GROUP Employee Assistance Organizational Services
176932 13,584 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store
176933 6,763 TKDA Design&Engineering Utility Improvement Fund
176934 333 TWIN CITY FILTER SERVICE INC Supplies-HVAC Community Center Maintenance
176935 23 UNCOMMON GATHERINGS Operating Supplies Arts Initiative
Check# Amount Vendor/Explanation Account Description Business Unit
176936 101 UNCOMMON GATHERINGS Clothing&Uniforms Arts Initiative
176937 31 UNDERWATER WORLD MALL OF AMERI Other Contracted Services July 4th Celebration
176938 1,009 UNIFORMS UNLIMITED Training Supplies Police
176939 203 UNITED WAY United Way Withheld General Fund
176940 2,425 USA MOBILITY WIRELESS INC Pager&Cell Phone Wireless Communication
176941 1,019 VESSCO INC Equipment Parts Water Treatment Plant
176942 120 VINO SOURCE,THE Transportation Den Road Liquor Store
176943 1,680 VINOCOPIA Transportation Prairie View Liquor Store
176944 13,559 VP ENTERPRISES OF MINNESOTA IN Improvement Contracts Improvement Projects 1996
176945 300 WAHL,MATTHEW G Other Contracted Services Staring Lake Concert
176946 1,250 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating
176947 60 WARD,MARK AR Utility Water Enterprise Fund
176948 243 WERTS,SANDY Mileage&Parking Special Events Administration
176949 1,707 WHEELER HARDWARE COMPANY Contract Svcs-General Bldg Community Center Maintenance
176950 1,553 WINE COMPANY,THE Transportation Prairie View Liquor Store
176951 5,603 WINE MERCHANTS INC Transportation Prairie View Liquor Store
176952 759 WM MUELLER AND SONS INC Gravel Water System Maintenance
176953 1,870 WORK CONNECTION,THE Other Contracted Services Park Maintenance
176954 1,398 WORLD CLASS WINES INC Transportation Den Road Liquor Store
176955 60,175 XCEL ENERGY Electric Traffic Signals
176956 9,426 YALE MECHANICAL INC Contract Svcs-HVAC Dunn Brothers
176957 927,308 MIDWEST ASPHALT CORPORATION Asphalt Overlay CIP Pavement Management
176959 894 GENUINE PARTS COMPANY Equipment Parts Fleet Operating
176961 852 PETTY CASH Mileage&Parking Water Distribution
176962 245 PETTY CASH-POLICE DEPT Travel Expense Police
176963 20 STATE OF MINNESOTA Operating Supplies DWI Forfeiture
176964 144 ASHTIANI,SHAYAN Other Contracted Services Teen Work Program
176965 81 BARTNIK,AARON B Other Contracted Services Teen Work Program
176966 63 BERRETH,NATALIE E Other Contracted Services Teen Work Program
176967 36 BERTHOLD,SAMUEL J Other Contracted Services Teen Work Program
176968 72 BRIDENSTINE,MADELEINE P Other Contracted Services Teen Work Program
176969 270 CALDERON,CHRISTOPHER J Other Contracted Services Teen Work Program
176970 81 CONSTANS,ANDREW F Other Contracted Services Teen Work Program
176971 81 CRUMRINE,ROBERT R Other Contracted Services Teen Work Program
176972 108 ENDRES,REBECCA A Other Contracted Services Teen Work Program
176973 144 FALLDIN,ZACHARY K Other Contracted Services Teen Work Program
176974 72 FREUDENBERG,JESSICA R Other Contracted Services Teen Work Program
176975 144 HOLM,SARAH A Other Contracted Services Teen Work Program
176976 63 HOU,YIDING Other Contracted Services Teen Work Program
176977 126 JASKULKE,TAYLOR A Other Contracted Services Teen Work Program
176978 72 JOHNSON,CHASE Other Contracted Services Teen Work Program
176979 72 KRANTZ,ELIZABETH K Other Contracted Services Teen Work Program
176980 45 KRANTZ,KEVIN J Other Contracted Services Teen Work Program
176981 54 KRULL, JESSE Other Contracted Services Teen Work Program
176982 162 LANGEFELS,KELSEY Other Contracted Services Teen Work Program
176983 126 LELYUHK,DENIS Other Contracted Services Teen Work Program
176984 90 MARQUIS,KATHERINE I Other Contracted Services Teen Work Program
176985 162 MILTON,EMILY G Other Contracted Services Teen Work Program
176986 63 MULLETT,JACKSON L Other Contracted Services Teen Work Program
176987 126 O'BRIEN LOREN D Other Contracted Services Teen Work Program
176988 36 O'CONNELL,KAYLEE M T Other Contracted Services Teen Work Program
176989 108 SCHMIT,PATRICK K Other Contracted Services Teen Work Program
176990 162 SHAH,BANSARI B Other Contracted Services Teen Work Program
176991 72 SHAW,CARLEY Other Contracted Services Teen Work Program
176992 117 SYED,ZOHAIB Other Contracted Services Teen Work Program
176993 153 ULRICH,RYAN S Other Contracted Services Teen Work Program
176994 27 WADNAL,ERIC E Other Contracted Services Teen Work Program
176995 22,226 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM
176996 30 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Street Maintenance
176997 98 ABFALTER,JEREMY Program Fee Preschool Events
176998 730 ACCURINT-ACCOUNT#1348824 Other Contracted Services Police
176999 33 ACHCAR-WINKELS,TAISSA Program Fee Safety Camp
177000 2,011 ACTIVE NETWORK INC,THE Computers Capital Impr./Maint.Fund
177001 29,210 ADVANCED ENGINEERING&ENVIRON Design&Engineering Utility Improvement Fund
177002 2,203 AGGREGATE INDUSTRIES Repair&Maint.Supplies Storm Drainage
Check# Amount Vendor/Explanation Account Description Business Unit
177003 699 AIR POWER EQUIPMENT CORPORATIO Contract Svcs-General Bldg Fire Station#1
177004 357 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture
177005 319 AMERICAN WATER WORKS ASSOCIATI Software Water Treatment Plant
177006 265 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store
177007 2,594 AMSAN LLC Operating Supplies Ice Arena Maintenance
177008 270 ASSURED COMMUNICATIONS INC Capital Under$10,000 Capital Impr./Maint.Fund
177009 144 BASSETT,JOANNE Insurance Property Insurance
177010 86 BECKER,KATIE Mileage&Parking Playgrounds
177012 8,626 BELLBOY CORPORATION Transportation Prairie View Liquor Store
177013 164 BERTELSON TOTAL OFFICE SOLUTIO Operating Supplies Utility Operations-General
177014 1,760 BEST BUY Video&Photo Supplies Fire
177015 3,919 BIFFS INC Waste Disposal Park Maintenance
177016 350 BITUMINOUS ROADWAYS INC Repair&Maint.Supplies Storm Drainage
177017 1,308 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Fire Station#4
177018 58 BLOOMINGTON,CITY OF Other Contracted Services Park Maintenance
177019 1,217 BME CONSULTING Other Contracted Services Assessing
177020 587 BMI GENERAL LICENSING Other Contracted Services Recreation Administration
177021 1,075 BOLD,PAULINE Instructor Service Outdoor Center
177022 5 BRADY,BENJAMIN Memberships Community Center Admin
177023 100 BRAGG,ANNALISA Instructor Service Outdoor Center
177024 9,818 BRAUER& ASSOCIATES LTD Improvement Contracts Park Acquisition&Dev Fixed A
177025 4,430 BRAUN INTERTEC CORPORATION Other Contracted Services Trails Referendum
177026 49 BROOKE-BEYER,KATHRYNE Program Fee Camps
177027 200 BURTIS,ROBERT Other Contracted Services Staring Lake Concert
177028 29 CAMPBELL KNUTSON,P.A. Legal WAFTA
177029 520 CARLSON TRACTOR AND EQUIPMENT Equipment Parts Fleet Operating
177030 17,536 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant
177031 1,791 CENTURY FENCE Tuition Reimbursement/School Fire
177032 2,091 CLAREYS INC Clothing&Uniforms Utility Operations-General
177033 5,185 CLEAR EDGE Equipment Repair&Maint Water Treatment Plant
177034 34,987 CLEARWATER RECREATION Other Assets Capital Impr./Maint.Fund
177035 4,597 COMMUNITY ACTION PARTNERSHIP Refunds CDBG-Public Service
177036 80 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund
177037 1,031 CORPORATE EXPRESS Office Supplies Police
177038 1,010 CR ELECTRIC INC Improvements to Land Parks Referendum
177039 196 CULLIGAN BOTTLED WATER Operating Supplies Fire
177040 216 CUSTOM HEADSETS INC Capital Under$10,000 CIP-Bonds
177041 2,550 DAKOTA COUNTY TECHNICAL COLLEG Tuition Reimbursement/School Fire
177042 24 DAVIES,DENNIS Sales Tax Payable General Fund
177043 8,983 DAY DISTRIBUTING Wine Domestic Prairie Village Liquor Store
177044 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance IT Operating
177045 161 DESIGN DESIGN Misc Taxable Prairie View Liquor Store
177046 101 DIRECTV Cable TV Community Center Admin
177047 18,154 DIVERSE BUILDING MAINTENANCE Cleaning Supplies Public Works/Parks
177048 436 DMX MUSIC Other Contracted Services Prairie View Liquor Store
177049 12,241 E&S HOME TRANSFORMERS Other Contracted Services Rehab
177050 7,051 EAGLE WINE COMPANY Liq Inventory Credits Den Road Liquor Store
177051 10 EDEN PRAIRIE APPLIANCE Supplies-Garden Room Garden Room Repairs
177052 464 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous Community Development Admin.
177053 161 ELIASON,STEVE J Other Contracted Services Softball
177054 574 ELLINGSON DRAINAGE Deposits Escrow
177055 220 ETICA FAIR TRADE Wine Imported Prairie View Liquor Store
177056 945 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Infiltration/Inflow Study
177057 503 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store
177058 265 FAGNANT,SUSAN Instructor Service Outdoor Center
177059 190 FASTENAL COMPANY Equipment Parts Fleet Operating
177060 202 FERRELLGAS Motor Fuels Fleet Operating
177061 675 FINGERSHIELD SAFETY(USA)INC Supplies-General Bldg Community Center Maintenance
177062 49 FISHER SCIENTIFIC Lab Supplies Water Treatment Plant
177063 667 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating
177064 96 FLORIDA MICRO LLC Equipment Repair&Maint IT Operating
177065 383 FSH COMMUNICATIONS LLC Telephone Miller Park
177066 962 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations-General
177067 67 GARDEN ROOM FRATELLI'S GARDEN Training Supplies Organizational Services
177068 389 GENERAL GROWTH PROPERTIES LP-E Building Rental Rehab
Check# Amount Vendor/Explanation Account Description Business Unit
177069 214 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant
177070 757 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store
177071 70 GOLDSTEIN,RON Program Fee Wellness
177072 3,230 GOODPOINTE TECHNOLOGY CORPORAT Other Contracted Services Park Maintenance
177073 1,782 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations-General
177074 562 GRAINGER Building Repair&Maint. Water Wells
177075 1,056 GRAND VIEW LODGE Conference Expense Ice Arena Maintenance
177076 1,592 GRAPE BEGINNINGS Transportation Den Road Liquor Store
177077 16,229 GRAYMONT Treatment Chemicals Water Treatment Plant
177078 842 GREENSIDE INC Contract Svcs-Snow Removal City Hall-CAM
177081 15,659 GRIGGS COOPER&CO Transportation Prairie View Liquor Store
177082 12 GULATI,KAVITA Sales Tax Payable General Fund
177083 64 GUSTAD,MARK Video&Photo Supplies Police
177084 79 HACH COMPANY Laboratory Chemicals Water Treatment Plant
177085 207 HALL,DERRECK Other Contracted Services Broomball
177086 3,936 HAWKINS INC Treatment Chemicals Water Treatment Plant
177087 238 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Park Maintenance
177088 208,205 HEALTHPARTNERS Medical Bills Prepaid Health and Benefits
177089 84 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Wireless Communication
177090 247 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance
177091 18,579 HENNEPIN COUNTY TREASURER Improvement Contracts Traffic Signals
177092 109 HENNEPIN COUNTY TREASURER Operating Supplies Planning
177093 1,293 HENNEPIN TECHNICAL COLLEGE Other Contracted Services Planning
177094 1,713 HIGHWAY TECHNOLOGIES INC Contracted Striping Street Maintenance
177095 1,793 HOHENSTEINS INC Beer Prairie View Liquor Store
177096 253 HOLMES,TOM Other Contracted Services Softball
177097 2,239 HOME DEPOT CREDIT SERVICES Supplies-Plumbing Park Shelters
177098 1,221 HOMELINE Other Contracted Services Rehab
177099 56 HYDROLOGIC WATER MANAGEMENT Repair&Maint.Supplies Park Maintenance
177100 41 ICI DULUX PAINT CTRS Building Materials Hidden Ponds Park
177101 81 IMAGETECH SERVICES Operating Supplies Traffic Signals
177102 3,500 IND SCHOOL DIST 272 Other Contracted Services Housing and Community Service
177103 37 INDUSTRIAL LIGHTING SUPPLY INC Repair&Maint.Supplies Water Treatment Plant
177104 307 INFRATECH Repair&Maint.Supplies Water System Maintenance
177105 338 INTEGRA TELECOM Operating Supplies IT Telephone
177106 793 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund
177107 593 J H LARSON COMPANY Supplies-Electrical City Hall-CAM
177108 140 JANEX INC Cleaning Supplies City Hall-CAM
177109 25,367 JJ TAYLOR DIST OF MN Transportation Prairie View Liquor Store
177113 43,025 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store
177114 150 JUMP-A-SOARUS Other Rentals July 4th Celebration
177115 1,064 KEEPERS Clothing&Uniforms Police
177116 34 KELLY,KRISTINA Sales Tax Payable General Fund
177117 138 KIM,YOON Program Fee Tennis
177118 150 KIRCHNER,DAVID Other Contracted Services Riley-Jacques Barn
177119 650 KRAEMER MINING&MATERIALS INC Asphalt Overlay Street Maintenance
177120 85 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance
177121 349 KRISS PREMIUM PRODUCTS INC Supplies-HVAC City Hall-CAM
177122 30 KUBAT,DANIELLE Program Fee Playgrounds
177123 197 LAB SAFETY SUPPLY INC Cleaning Supplies Utility Operations-General
177124 292 LAKEWEST HOLDINGS LLC Deposits Escrow
177125 20 LANDS END CORPORATE SALES Clothing&Uniforms Police
177126 500 LARA,EULOGIO L. Other Contracted Services Staring Lake Concert
177127 209,142 LEAGUE MN CITIES INS TRUST Insurance Property Insurance
177128 81 LESCO INC Landscape Materials/Supp Street Maintenance
177129 500 LINDAHL,DAVID Other Contracted Services Staring Lake Concert
177130 45,334 LOGIS LOGIS Sewer Accounting
177131 230 LONESKY,JAMES G Other Contracted Services Softball
177132 1,207 M-K GRAPHICS Operating Supplies Finance
177134 33,338 MARK VII Beer Prairie View Liquor Store
177135 359 MARK'S BP Equipment Repair&Maint Police
177136 93 MASS BAR-MATE CORP Transportation Den Road Liquor Store
177137 233 MENARDS Grounds Maintenance Utility Operations-General
177138 236 METRO FIRE Protective Clothing Fire
177139 254,815 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General
Check# Amount Vendor/Explanation Account Description Business Unit
177140 193 METROPOLITAN FORD Equipment Parts Fleet Operating
177141 10,441 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance
177142 1,375 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store
177143 6,000 MIDWEST DESIGN CO Other Contracted Services Communications
177144 1,184 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
177145 500 MINNESOTA ATHLETIC APPAREL Clothing&Uniforms Fire
177146 536 MINNESOTA CONWAY Equipment Repair&Maint Fire
177147 713 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage
177148 2,521 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General
177149 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods
177150 26,770 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant
177151 11 MUSIC THEATRE INTERNATIONAL Postage Summer Theatre
177152 125 NATIONAL TACTICAL OFFICERS ASS Dues&Subscriptions Police
177153 621 NEUMANN,NEAL Other Contracted Services Softball
177154 150 NFPA Dues&Subscriptions Fire
177155 1,445 NILSSON,BETH Instructor Service Ice Arena
177156 120 NOKOMIS SHOE SHOP Clothing&Uniforms Community Center Maintenance
177157 420 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating
177158 183,050 NORTHWEST ASPHALT Improvements to Land Capital Impr./Maint.Fund
177159 55 NORTON,PEGGY Program Fee Afternoon Adventure
177160 330 NUCO2 INC Chemicals Pool Maintenance
177161 98 OCEAN TECH Waste Disposal Community Center Maintenance
177162 324 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance
177163 469 OUTDOORS AGAIN INC Other Contracted Services Park Maintenance
177164 301 PARK NICOLLET CLINIC Employment Support Test Organizational Services
177165 1,170 PAT KERNS WINE MERCHANTS Transportation Prairie View Liquor Store
177166 2,187 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store
177167 140 PETERS BILLIARDS Repair&Maint.Supplies Fire
177170 9,993 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store
177171 59 POMP'S TIRE SERVICE INC Equipment Repair&Maint Fleet Operating
177172 105 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint IT Operating
177173 874 PRAIRIE EQUIPMENT COMPANY Small Tools Sewer System Maintenance
177174 9,217 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
177175 8,068 PRAIRIEVIEW RETAIL LLC Repair&Maint.Supplies Prairie View Liquor Store
177176 1,828 PRECISION FINISHING Signs Traffic Signs
177177 729 PREMIER DEVELOPMENT OF THE TWI Deposits Escrow
177178 72 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance
177179 184 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store
177180 201 PROP United Way Withheld General Fund
177181 122 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
177183 14,625 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store
177184 37 QUICKSILVER EXPRESS COURIER Postage General
177185 393 REED BUSINESS INFORMATION Advertising Capital Impr./Maint.Fund
177186 425 RIGHTWAY GLASS INC Equipment Parts Fleet Operating
177187 709 RRT PROCESSING SOLUTIONS LLC Landscape Materials/Supp Park Maintenance
177188 5 SCHAITBERGER,BETTY Program Fee Trips
177189 150 SCRAP METAL PROCESSORS INC Equipment Parts Fleet Operating
177190 90 SECRETARY OF STATE Operating Supplies Economic Development
177191 825 SERAFIN,TRAVIS Canine Supplies Police
177192 503 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store
177193 50 SHIMANSKI,BERMA Program Fee Trips
177194 72 SHITAL,PATEL Program Fee Tennis
177195 438 SHORT ELLIOTT HENDRICKSON INC Miscellaneous IT Operating
177196 134 SIGN A RAMA Operating Supplies July 4th Celebration
177197 4,816 SOFTWARE HOUSE INTERNATIONAL I Software IT Operating
177198 232 SOSNIECKI,BEN Mileage&Parking Tree Disease
177199 11,414 SOUTH METRO PUBLIC SAFETY TRAI Contract Svcs-General Bldg Public Safety Training Facilit
177200 8,668 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk
177201 3,427 SRF CONSULTING GROUP INC Other Contracted Services Economic Development Fund
177202 3,267 STAR TRIBUNE Employment Advertising Organizational Services
177203 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing and Community Service
177204 645 STRAND MANUFACTURING CO INC Equipment Repair&Maint Water Treatment Plant
177205 3,063 STREICHERS Training Supplies Police
177206 30 STROMBERG,ERIN Program Fee Playgrounds
177207 409 SULLIVANS UTILITY SERVICES INC Contract Svcs-Plumbing Ice Arena Maintenance
Check# Amount Vendor/Explanation Account Description Business Unit
177208 442 SUNDAYS OFF INC Deposits Escrow
177209 540 SURLY BREWING CO Beer Prairie View Liquor Store
177210 170 TERHORST,JOYCE Program Fee Wellness
177211 38,632 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store
177212 97 TIMBERWALL LANDSCAPE&MASONRY Building Materials Park Maintenance
177213 146 TOM'S WINDOW CLEANING Janitor Service-General Bldg Prairie View Liquor Store
177214 84 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store
177215 192 TRI-ANIM HEALTH SERVICES INC Safety Supplies Fire
177216 215 TWIN CITY SEED CO Improvement Contracts CIP Trails
177217 174 TWIN CITY TACTICAL Training Supplies Police
177218 36 UNIFORMS UNLIMITED Clothing&Uniforms Animal Control
177219 203 UNITED WAY United Way Withheld General Fund
177220 169 VALLEY NAT'L GASES-LOC 93 Equipment Parts Fleet Operating
177221 1,906 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM
177222 244 VERIZON WIRELESS Pager&Cell Phone Police
177223 4,203 VERNCO MAINTENANCE INC Grounds Maintenance Utility Operations-General
177224 235 VINO SOURCE,THE Transportation Den Road Liquor Store
177225 95 VINOCOPIA Transportation Den Road Liquor Store
177226 575 VOIGHT,JEFF Other Contracted Services Softball
177227 1,775 VOLUNTEER FIREFIGHTERS BENEFIT Dues&Subscriptions Fire
177228 445 VWR INTERNATIONAL INC Laboratory Chemicals Water Treatment Plant
177229 115 W P&R S MARS CO Small Tools Fleet Operating
177230 1,290 WALL TRENDS INC Contract Svcs-General Bldg Community Center Maintenance
177231 1,592 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance
177232 2,350 WELLS FARGO BANK MINNESOTA NA Paying Agent 2005 G.O.Imp.Revolving Fund
177233 488 WIGLEY AND ASSOCIATES Software Information Technology
177234 200 WINE COMPANY,THE Transportation Prairie View Liquor Store
177236 3,868 WINE MERCHANTS INC Transportation Prairie View Liquor Store
177237 1,040 WM MUELLER AND SONS INC Gravel Water System Maintenance
177238 1,922 WORK CONNECTION,THE Other Contracted Services Park Maintenance
177239 128 WORM,SANDY Improvement Contracts CIP Trails
177242 149,083 XCEL ENERGY Electric Traffic Signals
177243 30,186 YALE MECHANICAL INC Building Repair&Maint. Sewer System Maintenance
177244 21,895 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM
177245 89 AMSAN LLC Operating Supplies Community Center Maintenance
177246 302 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance
177247 741 BRAUER& ASSOCIATES LTD Building Park Acquisition&Dev Fixed A
177248 212 BRAZIL,DAVE Mileage&Parking Utility Operations-General
177249 50 CHRISTENSEN,SHANNON Lessons&Classes Oak Point Lessons
177250 4,482 CLUTS 0 BRIEN STROTHER ARCHITE Design&Engineering Arts Center
177251 115 CORPORATE EXPRESS Office Supplies Police
177252 287 FEDEX Postage Organizational Services
177253 638 GRAINGER Supplies-General Bldg Community Center Maintenance
177254 1,225 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police
177255 6,293 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing and Community Service
177256 50 JENSEN,NIKKI Lessons&Classes Oak Point Lessons
177257 26 JONES,SANDRA Events/Admission Fee Therapeutic Rec Administration
177258 4,421 KEEPERS Clothing&Uniforms Fire
177259 1,083 MCFARLAND CONSTRUCTION COMPANY Contract Svcs-General Bldg Fire Station#3
177260 26 MCLAUGHLIN,ANDY Events/Admission Fee Therapeutic Rec Administration
177261 28 MENARDS Small Tools Sewer System Maintenance
177262 100 MINNESOTA DEPT OF LABOR AND IN Contract Svcs-Elevator Public Works/Parks
177263 25 MULCRONE,BRIDGETTE Program Fee Playgrounds
177264 18 PEARSON,ELLEN Events/Admission Fee Teen Programs
177265 177 PETTY CASH-EPCC Miscellaneous Community Center Admin
177266 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General
177267 30,353 QUALITY FLOW SYSTEMS INC Process Control Equipment Utility Improvement Fund
177268 13 RUPP,GAYLE Events/Admission Fee Therapeutic Rec Administration
177269 9,173 SRF CONSULTING GROUP INC Improvements to Land Park Acquisition&Dev Fixed A
177270 84 STILLER,SUE Program Fee Camps
177271 51 STODOLA,EDITH Program Fee Trips
177272 38 STREICHERS Clothing&Uniforms Police
177273 13 WEBB,CHAUNTEL Events/Admission Fee Therapeutic Rec Administration
177274 168 WEST GROUP Dues&Subscriptions Police
177275 536 YALE MECHANICAL INC Contract Svcs-HVAC Fire Station#3
Check# Amount Vendor/Explanation Account Description Business Unit
177276 1,113 BOLD,PAULINE Instructor Service Outdoor Center
177277 3,419 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits
177278 360 TEK SOLUTIONS LLC Building CIP-Bonds
177279 8,637 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits
177280 174 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund
177281 1,815 WISCONSIN DEPARTMENT OF REVENU State Taxes Withheld Health and Benefits
177282 54 2ND WIND EXERCISE Repair&Maint.Supplies Fitness Center
177283 1,110 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
177284 723 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Park Maintenance
177285 5,573 AERO DRAPERY AND BLIND Capital Under$10,000 Capital Impr./Maint.Fund
177286 728 AGGREGATE INDUSTRIES Repair&Maint.Supplies Storm Drainage
177287 233 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store
177288 1,546 AMSAN LLC Cleaning Supplies Community Center Maintenance
177289 726 AOI ELECTRICAL INC Equipment Parts Fleet Operating
177290 1,882 APRES Other Rentals July 4th Celebration
177291 36 AQUA ENGINEERING INC Repair&Maint.Supplies Park Maintenance
177292 487 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks
177293 5,440 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage
177294 65 BATES,DON Other Contracted Services Staring Lake Concert
177295 1,407 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink 3rd Sheet of Ice
177297 5,641 BELLBOY CORPORATION Transportation Prairie View Liquor Store
177298 400 BERRY,TIMOTHY Other Contracted Services Staring Lake Concert
177299 40 BETTY L KIPP MEMORIAL FUND Deposits Escrow
177300 1,897 BIFFS INC Waste Disposal Park Maintenance
177301 49 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Community Center Maintenance
177302 1,359 BLOOMINGTON,CITY OF Kennel Services Animal Control
177303 953 BOB GILBERTSON Fire Prevention Supplies Fire
177304 1,138 BOLD,PAULINE Instructor Service Outdoor Center
177305 87 BORDER STATES ELECTRIC SUPPLY Software and Hardware IT Operating
177306 163 BOYER TRUCKS Equipment Parts Fleet Operating
177307 65 BROWNING,RYAN Mileage&Parking IT Operating
177308 414 CANNON RIVER WINERY Transportation Den Road Liquor Store
177309 73 CARLSON TRACTOR AND EQUIPMENT Equipment Parts Fleet Operating
177310 25 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Health and Benefits
177311 170 CDW GOVERNMENT INC. Supplies-General Building City Center Operations
177312 506 CHRISTIANSEN,MIKE Other Contracted Services Softball
177313 80 CITI-CARGO&STORAGE CO,INC Other Rentals Staring Lake Concert
177314 1,857 CLEARWATER RECREATION Landscape Materials/Supp Park Maintenance
177315 274 COMCAST Cable TV Community Center Admin
177316 10 COONS,MICHAEL Program Fee Trips
177317 936 CORPORATE EXPRESS Office Supplies Police
177318 328 COSTCO Operating Supplies Fire
177319 551 CRESCENT ELECTRIC SUPPLY CO Other Hardware Capital Impr./Maint.Fund
177320 3,228 DAKOTA SUPPLY GROUP INC Repair&Maint.Supplies Water Metering
177321 8,006 DAY DISTRIBUTING Misc Non-Taxable Prairie View Liquor Store
177322 322 DESAULNIERS,DAN Other Contracted Services Softball
177323 172 DIRECTV Cable TV Community Center Admin
177324 4,786 DIVERSE BUILDING MAINTENANCE CH Robinson Janitor Service City Ctr-Tenant Direct Costs
177325 5 DOBBELMANN,BETTY Program Fee Trips
177326 200 DONALD SALVERDA&ASSOCIATES Conference Expense Community Development Admin.
177327 5 DOVER,RUTH Program Fee Trips
177328 1,955 EAGLE WINE COMPANY Transportation Den Road Liquor Store
177329 1,516 EARL F ANDERSEN INC Seal Coating Street Maintenance
177330 1,356 ECOLAB INC Contract Svcs-Pest Control Arts Center Facilities
177331 45 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Parks Administration
177332 740 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant
177333 101 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
177334 729 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing and Community Service
177335 448 FASTSIGNS Operating Supplies Round Lake Beach
177336 450 FORDAHL,TAMARA Other Contracted Services Volleyball
177337 11 GARDEN ROOM FRATELLI'S GARDEN Training Supplies Organizational Services
177338 461 GE CAPITAL Other Rentals General
177339 540 GOVDELIVERY Software Maintenance IT Operating
177340 520 GRAFIX SHOPPE Equipment Repair&Maint Fleet Operating
177341 2,018 GRAINGER Supplies-Electrical Prairie Village Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit
177342 830 GRANICUS INC Software Maintenance IT Operating
177343 449 GRAPE BEGINNINGS Transportation Den Road Liquor Store
177344 13,646 GRAYMONT Treatment Chemicals Water Treatment Plant
177345 321 GREATAMERICA LEASING CORP. Postage General
177347 13,416 GRIGGS COOPER&CO Transportation Prairie Village Liquor Store
177348 214 HALL,DERRECK Other Contracted Services Softball
177349 42,590 HANSEN THORP PELLINEN OLSON Improvements to Land Community Center Expansion
177350 230 HENNEPIN COUNTY TREASURER Operating Supplies Planning
177351 1,160 HIGHWAY TECHNOLOGIES INC Improvements to Land Capital Impr./Maint.Fund
177352 50 HIRSCH,MADELINE Other Contracted Services Volleyball
177353 344 HYDRO-VAC INC Other Contracted Services Storm Drainage
177354 215 HYDROLOGIC WATER MANAGEMENT Repair&Maint.Supplies Park Maintenance
177355 600 IAA() Conference Expense Assessing
177356 463 ICERINK SUPPLY CO Repair&Maint-Ice Rink Ice Arena Maintenance
177357 1 IDEARC MEDIA CORP (VERIZON DI Advertising Den Road Liquor Store
177358 1,657 IKON OFFICE SOLUTIONS Maintenance Contracts Utility Operations-General
177359 146,935 IMPERIAL DEVELOPERS Improvements to Land Parks Referendum
177360 2,700 INFRARED CONSULTING SERVICES I Contract Svcs-Electrical City Hall-CAM
177361 123 IRMITER,JESSE Tuition Reimbursement/School Police
177362 3,495 J A PRICE AGENCY INC Insurance Property Insurance
177363 145 J H LARSON COMPANY Supplies-Electrical Den Bldg.-CAM
177364 3,142 JJ TAYLOR DIST OF MN Transportation Prairie View Liquor Store
177367 28,728 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store
177368 905 KEEPERS Protective Clothing Fire
177369 193 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance
177370 5 KROCAK,BOB Program Fee Trips
177371 483 KROEGER,TARA L Other Contracted Services Softball
177372 10 KRUGER,DELORES Program Fee Trips
177373 489 KUSTOM SIGNALS INC Equipment Repair&Maint Police
177374 278 LAB SAFETY SUPPLY INC Operating Supplies Utility Operations-General
177375 200 LACASSE,ANDREW J Other Contracted Services Staring Lake Concert
177376 199 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#1
177377 238 LANO EQUIPMENT INC Equipment Parts Fleet Operating
177378 100 LAVAN FLOOR COVERING Contract Svcs-General Bldg Community Center Maintenance
177379 407 M.AMUNDSON LLP Transportation Prairie View Liquor Store
177380 15,879 MARK VII Misc Taxable Prairie View Liquor Store
177381 228 MASTER SPRINKLER SYSTEMS Other Contracted Services Park Maintenance
177382 10 MCDONALD,ELAINE Program Fee Trips
177383 168 MENARDS Other Assets Capital Impr./Maint.Fund
177384 475 METRO LEAK DETECTION OCS-Utility Locates Water System Maintenance
177385 2,130 METRO SALES INCORPORATED* Other Rentals General
177386 488 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating
177387 180,691 MIDWEST ASPHALT CORPORATION Asphalt Overlay Street Maintenance
177388 538 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
177389 296 MINNESOTA HUMAN SERVICES Other Contracted Services Park Maintenance
177390 5,000 MINNESOTA MUNICIPAL BEVERAGE A Dues&Subscriptions Den Road Liquor Store
177391 3,835 MINNESOTA SAFETY SERVICES LLC Training Supplies Pool Lessons
177392 300 MINNESOTA ZOOMOBILE Other Contracted Services Staring Lake Concert
177393 118 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance
177394 2,700 MN TACTICAL OFFICERS ASSOCIATI Training Supplies Police
177395 10 NELSON,JOHN Program Fee Trips
177396 1,566 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store
177397 5 NOEL,JOHN Program Fee Trips
177398 2,133 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating
177399 366 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Fleet Operating
177401 1,172 OPPORTUNITY PARTNERS Janitor Service Senior Center
177402 100 OTTERNESS,RON Instructor Service Outdoor Center
177403 397 OUTDOORS AGAIN INC Other Contracted Services Pleasant Hill Cemetery
177404 780 PAUL'S TWO-WAY RADIO Other Contracted Services Sprint/Nextel
177405 4,065 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store
177408 13,499 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store
177409 344 PITNEY BOWES Postage General
177410 49 PRAIRIE LAWN AND GARDEN Landscape Materials/Supp Street Maintenance
177411 60 PRIOR WINE COMPANY Transportation Den Road Liquor Store
177412 4,899 QUALITY CONTROL&INTEGRATION Capital Under$10,000 Utility Improvement Fund
Check# Amount Vendor/Explanation Account Description Business Unit
177413 99 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
177415 9,124 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store
177416 277 QWEST Telephone IT Telephone
177417 466 REBS MARKETING Other Contracted Services Water Accounting
177418 20,000 RES SPECIALTY PYROTECHNICS INC Other Contracted Services July 4th Celebration
177419 374 RIDGEVIEW MEDICAL CENTER Training Supplies Pool Operations
177420 117,323 RJM CONSTRUCTION INC Improvements to Land Community Center Expansion
177421 4,500 ROBERT C VOGEL Deposits Escrow
177422 69 SAATZER,JOSH Other Contracted Services Softball
177423 54 SACKETT,MATTHEW Video&Photo Supplies Safety Camp
177424 47 SCHARBER&SONS Equipment Parts Fleet Operating
177425 150 SCHREYER,JORDAN Lessons&Classes Pool Lessons
177426 5 SCHUG,DIANA Program Fee Trips
177427 400 SCHWARTZ,SHANNON S Instructor Service Outdoor Center
177428 762 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store
177429 82 SNAP-ON TOOLS Equipment Parts Fleet Operating
177430 111 SOSNIECKI,BEN Mileage&Parking Tree Disease
177431 256 SOUTHWEST OUTDOOR POWER Small Tools Park Maintenance
177432 10 SPAHN,EDWARD Program Fee Trips
177433 2,531 SPRINT Telephone Engineering
177434 15,417 SRF CONSULTING GROUP INC Other Contracted Services Storm Drainage
177435 674 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating
177436 2,441 STREICHERS Clothing&Uniforms Police
177437 235 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
177438 26,134 THANE HAWKINS POLAR CHEVROLET Autos Police-Fixed Asset
177439 5 THOMPSON,NANCY J Program Fee Trips
177440 1,246 THORPE DISTRIBUTING Beer Den Road Liquor Store
177441 3,729 TIMBERLODGE STEAKHOUSE Liquor Licenses General Fund
177442 693 TKDA Design&Engineering Utility Improvement Fund
177443 1,470 TWIN CITY FILTER SERVICE INC Supplies-HVAC City Hall-CAM
177444 25 UNIFORMS UNLIMITED Operating Supplies Police
177445 47 UPS Equipment Repair&Maint Water Treatment Plant
177446 1,874 VAN PAPER COMPANY Operating Supplies City Hall-CAM
177447 60 VERIZON WIRELESS Pager&Cell Phone Information Technology
177448 158 VINO SOURCE,THE Transportation Den Road Liquor Store
177449 91 WALMART COMMUNITY Operating Supplies Safety Camp
177450 44 WEEDMAN,NICOLE Operating Supplies Playgrounds
177451 140 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration
177452 787 WINE COMPANY,THE Transportation Den Road Liquor Store
177454 4,352 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store
177455 1,510 WORK CONNECTION,THE Other Contracted Services Park Maintenance
177456 2,669 WORLD CLASS WINES INC Transportation Prairie View Liquor Store
177457 350 WRIGHT,JOHN Other Contracted Services Staring Lake Concert
177458 476 XCEL ENERGY Electric Prairie View Park
177460 44,206 GREGERSON ROSOW JOHNSON&NILA Legal Project Fund
177461 1,995 BLACK&VEATCH Other Contracted Services Economic Development Fund
177462 69 CLAREYS INC Safety Supplies Prairie Village Liquor Store
177463 920 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund
177464 17 JOHNSON,DONALD Landscape Materials/Supp Street Maintenance
177465 10 KEEPERS Clothing&Uniforms Police
177466 29,170 MCF-LINO LAKES Other Contracted Services Street Maintenance
177467 350 MIAMA Conference Expense Community Center Maintenance
177468 385 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
177469 2,325 MRPA Conference Expense Parks Administration
177470 29 PROGRESSIVE BUSINESS PUBLICATI Dues&Subscriptions General Facilities
177471 20 RICHFIELD,CITY OF Autos Police-Fixed Asset
177472 86 SIGNSOURCE Office Supplies City Council
177473 6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing and Community Service
177477 6,423 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission
177478 2,382 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
177479 928 A-SCAPE INC Contract Svcs-Lawn Maint. City Hall-CAM
177480 53 AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint.Supplies Water System Maintenance
177481 3,915 ADVANCED ENGINEERING&ENVIRON Design&Engineering Utility Improvement Fund
177482 1,206 AGGREGATE INDUSTRIES Repair&Maint.Supplies Storm Drainage
177483 385 AL'S COFFEE Merchandise for Resale Concessions
Check# Amount Vendor/Explanation Account Description Business Unit
177484 15,395 ALLIED WASTE SERVICES#894 Other Contracted Services Recycle Rebate
177485 35 AMEM Dues&Subscriptions Fire
177486 120 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store
177487 180 AMERITRAK Equipment Parts Fleet Operating
177488 207 ANCHOR PRINTING COMPANY Printing Police
177489 437 ANDERSON,BRYAN E Other Contracted Services Softball
177490 360 ANDERSON,LYDIA Other Contracted Services Teen Work Program
177491 153 ASHTIANI,SHAYAN Other Contracted Services Teen Work Program
177492 84 B&V VENDING INC Merchandise for Resale Concessions
177493 306 BALES,SEAN Other Contracted Services Teen Work Program
177494 1,127 BALITZ,PATTI Special Event Fees Trips
177495 8 BANNIE,SHARON Program Fee Red Hat
177496 63 BARTNIK,AARON B Other Contracted Services Teen Work Program
177497 805 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
177498 3,685 BEC INC Equipment Repair&Maint Emergency Preparedness
177499 6,106 BELLBOY CORPORATION Transportation Prairie View Liquor Store
177500 36 BERTHOLD,SAMUEL J Other Contracted Services Teen Work Program
177501 91 BIFFS INC Waste Disposal Park Maintenance
177502 72 BLISS,BRONTE R Other Contracted Services Teen Work Program
177503 1,608 BOB GILBERTSON Fire Prevention Supplies Fire
177504 550 BOLD,PAULINE Instructor Service Outdoor Center
177505 78 BOYER TRUCKS Equipment Parts Fleet Operating
177506 81 BRIDENSTINE,MADELEINE P Other Contracted Services Teen Work Program
177507 256 BROWN TRAFFIC PRODUCTS INC Equipment Repair&Maint Traffic Signals
177508 2,155 BUCK,NATHAN Other Contracted Services Softball
177509 162 CALDERON,CHRISTOPHER J Other Contracted Services Teen Work Program
177510 147 CAT&FIDDLE BEVERAGE Wine Imported Prairie Village Liquor Store
177511 140 CENTERPOINT ENERGY Gas Prairie View Park
177512 237 CERTIFIED APPLIANCE RECYCLING Other Contracted Services Recycle Rebate
177513 212 CHOICE INC Other Contracted Services Prairie Village Liquor Store
177514 235 COLOR PRINTING Printing Police
177515 99 CONSTANS,ANDREW F Other Contracted Services Teen Work Program
177516 61 CORPORATE EXPRESS Office Supplies General
177517 99 CRAMPTON,KELLY A Other Contracted Services Teen Work Program
177518 90 CRUMRINE,ROBERT R Other Contracted Services Teen Work Program
177519 1,050 CURTIS CPR INSTRUCTION Operating Supplies Emergency Preparedness
177520 9,835 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store
177521 61 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General
177522 1,755 DECORATIVE DESIGNS INC Grounds Maintenance Utility Operations-General
177523 318 DELL Equipment Repair&Maint Wireless Communication
177524 585 DESIGN DESIGN Transportation Den Road Liquor Store
177525 4,909 DEX MEDIA EAST Advertising Prairie Village Liquor Store
177526 67 DISCOUNT SCHOOL SUPPLY Operating Supplies Day Care
177527 22,847 DIVERSE BUILDING MAINTENANCE Janitor Service Park Shelters
177528 3,031 DNAPCO INC Other Rentals July 4th Celebration
177529 4,430 EAGLE WINE COMPANY Transportation Prairie View Liquor Store
177530 39 ECK,JILL Mileage&Parking Human Resources
177531 387 ECMD Capital Under$10,000 Capital Outlay
177532 253 EDEN PRAIRIE APPLIANCE Capital Under$10,000 Police City Center
177533 100 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Council
177534 207 ELIASON,STEVE J Other Contracted Services Softball
177535 48,995 EMERGENCY ONE INC Repair&Maint.Supplies Fire
177536 180 ENDRES,REBECCA A Other Contracted Services Teen Work Program
177537 2,094 ENTERPRISE RENT-A-CAR Equipment Repair&Maint Fleet Operating
177538 80 ESS BROTHERS&SONS INC Repair&Maint.Supplies Infiltration/Inflow Study
177539 50 FALCK,TIMOTHY R Other Contracted Services Volleyball
177540 90 FALLDIN,ZACHARY K Other Contracted Services Teen Work Program
177541 95 FASTSIGNS Signs Park Maintenance
177542 73 FEDEX Postage Finance
177543 794 FLYING EQUITIES LLC Deposits Escrow
177544 72 FREUDENBERG,JESSICA R Other Contracted Services Teen Work Program
177545 391 FSH COMMUNICATIONS LLC Telephone Miller Park
177546 858 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations-General
177547 223 GE CAPITAL Other Rentals General
177548 585 GODWIN,MARIE B Other Contracted Services Volleyball
Check# Amount Vendor/Explanation Account Description Business Unit
177549 1,909 GRAINGER Small Tools Water Treatment Plant
177550 2,132 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store
177551 326 GRAPHIC SOURCE INC Operating Supplies Capital Outlay
177552 13,656 GRAYMONT Treatment Chemicals Water Treatment Plant
177554 20,513 GRIGGS COOPER&CO Transportation Den Road Liquor Store
177555 64 GUSTAD,MARK Video&Photo Supplies Police
177556 42 HACH COMPANY Laboratory Chemicals Water Treatment Plant
177557 375 HAMMERS,SARAH Other Contracted Services Volleyball
177558 16,482 HANSEN THORP PELLINEN OLSON Design&Engineering Utility Improvement Fund
177559 30,739 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating
177560 322 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water Metering
177561 538 HEARTLAND DISTRIBUTION LLC Tires Fleet Operating
177562 386 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating
177563 2,280 HENNEPIN COUNTY TREASURER Board of Prisoner Police
177564 174 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning
177565 579 HIGHWAY TECHNOLOGIES Other Rentals July 4th Celebration
177566 1,078 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance
177567 162 HOLM,SARAH A Other Contracted Services Teen Work Program
177568 368 HOLMES,TOM Other Contracted Services Softball
177569 111 HOOGENAKKER,KATHLEEN Conference Expense Finance
177570 549 HTG ARCHITECTS Deposits Escrow
177571 427 HYDROLOGIC WATER MANAGEMENT Repair&Maint.Supplies Park Maintenance
177572 863 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Treatment Plant
177573 286 IND SCHOOL DIST 272 Printing Cummins House Special Events
177574 1,394 INNOVATIVE GRAPHICS Clothing&Uniforms Fire
177575 341 J H LARSON COMPANY Supplies-Electrical City Hall-CAM
177576 113 JANEX INC Supplies-General Bldg Community Center Maintenance
177577 153 JASKULKE,TAYLOR A Other Contracted Services Teen Work Program
177578 1,215 JELLY BEANS Instructor Service Arts&Drama Programs
177579 16,548 JJ TAYLOR DIST OF MN Transportation Prairie View Liquor Store
177582 37,012 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store
177583 36 JOHNSON,CHASE Other Contracted Services Teen Work Program
177584 200 JURICHKO,KATHY Other Contracted Services International Festival
177585 78 KEATING,MARY Mileage&Parking Housing and Community Service
177586 2,536 KEEPERS Clothing&Uniforms Fire
177587 276 KOSMATKA,MARY C Other Contracted Services Softball
177588 391 KRAMER,TRENT C Other Contracted Services Softball
177589 81 KRANTZ,ELIZABETH K Other Contracted Services Teen Work Program
177590 54 KRANTZ,KEVIN J Other Contracted Services Teen Work Program
177591 119 KROEGER,TARA L Other Contracted Services Softball
177592 63 KRULL, JESSE Other Contracted Services Teen Work Program
177593 883 KUSTOM SIGNALS INC Equipment Repair&Maint Police
177594 866 L.G.EVERIST INC Deposits Escrow
177595 180 LANGEFELS,KELSEY Other Contracted Services Teen Work Program
177596 1,757 LANO EQUIPMENT INC Other Rentals Street Maintenance
177597 144 LELYUHK,DENIS Other Contracted Services Teen Work Program
177598 437 LONESKY,JAMES G Other Contracted Services Softball
177599 94 M.AMUNDSON LLP Misc Taxable Den Road Liquor Store
177600 766 MACQUEEN EQUIPMENT INC Equipment Parts Storm Drainage
177601 760 MAPLE GROVE PRINTING Printing Elections
177602 13,355 MARK VII Beer Prairie View Liquor Store
177603 72 MARQUIS,KATHERINE I Other Contracted Services Teen Work Program
177604 179 MASS BAR-MATE CORP Transportation Den Road Liquor Store
177605 1,500 MEALS ON WHEELS Other Contracted Services Housing and Community Service
177606 747 MENARDS Repair&Maint.Supplies Utility Improvement Fund
177607 140 METRO DINING CLUB Deposits Escrow
177608 720 METRO SALES INCORPORATED* Other Rentals General
177609 287 METROPOLITAN FORD Equipment Parts Fleet Operating
177610 1,527 MGB PRINTING SERVICES Printing Community Center Admin
177611 14,601 MIDWEST ASPHALT CORPORATION Repair&Maint. Supplies Park Maintenance
177612 417 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store
177613 80 MIDWEST TESTING Equipment Repair&Maint Water Wells
177614 126 MILTON,EMILY G Other Contracted Services Teen Work Program
177615 1,162 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
177616 290 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police
Check# Amount Vendor/Explanation Account Description Business Unit
177617 3,637 MINNESOTA ATHLETIC APPAREL Fire Prevention Supplies Fire
177618 20 MINNESOTA CHAPTER IAAI Tuition Reimbursement/School Fire
177619 366 MINNESOTA HIGHWAY SAFETY&RES Tuition Reimbursement/School Police
177620 148 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General
177621 117 MINNESOTA TROPHIES&GIFTS Operating Supplies Police
177622 4,667 MINNESOTA UC FUND Unemployment Compensation Organizational Services
177623 227 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals
177624 250 MINNETONKA CIVIC ORCHESTRA Other Contracted Services Staring Lake Concert
177625 1,143 MOBILE RADIO ENGINEERING INC Building Repair&Maint. Sewer System Maintenance
177626 155 MT GLOBAL LLC Wine Imported Den Road Liquor Store
177627 600 MU PERFORMING ARTS INC Other Contracted Services International Festival
177628 99 MULLETT,JACKSON L Other Contracted Services Teen Work Program
177629 130 NAIOP Miscellaneous City Manager
177630 243 NEW PIG CORPORATION Supplies-General Building City Center Operations
177631 234 NEWMECH Repair&Maint-Ice Rink Ice Arena Maintenance
177632 196 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant
177633 1,967 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating
177634 2,441 NORTHLAND BUSINESS SYSTEMS Software Maintenance IT Operating
177635 5,968 NORTHSHORE ADVISORS LLC Interest Investment Fund
177636 1,226 NORTHWEST BUSINESS SYSTEMS Other Contracted Services IT Telephone
177637 73 NORTHWEST RESPIRATORY SERVICE EMS Supplies Fire
177638 144 O'BRIEN LOREN D Other Contracted Services Teen Work Program
177639 36 O'CONNELL,KAYLEE M T Other Contracted Services Teen Work Program
177640 8 OLSON,KAY Program Fee Red Hat
177641 275 OPPIDAN INC Deposits Escrow
177642 578 OPUS NORTHWEST LLC Deposits Escrow
177643 1,183 PARK NICOLLET CLINIC Health&Fitness Fire
177644 855 PASS FENCING Canine Supplies Police
177645 373 PAT KERNS WINE MERCHANTS Transportation Prairie Village Liquor Store
177646 1,560 PAUL'S TWO-WAY RADIO Other Contracted Services Sprint/Nextel
177647 700 PAUL,CYRIL Other Contracted Services Staring Lake Concert
177648 4,486 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store
177649 592 PEPSI COLA COMPANY Merchandise for Resale Concessions
177651 10,874 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store
177652 85 POWERPLAN OIB Equipment Parts Fleet Operating
177653 2,675 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Water Treatment Plant
177654 137 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Sewer System Maintenance
177655 129 PRAIRIE OFFSET PRINTING Printing Street Maintenance
177656 2,429 PRESBYTERIAN HOMES AND SERVICE Deposits Escrow
177657 133 PRIOR WINE COMPANY Wine Imported Den Road Liquor Store
177658 22 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating
177659 2,840 PRISTINE WATER SOLUTIONS Treatment Chemicals Water Treatment Plant
177660 1,778 PROSOURCE SUPPLY Cleaning Supplies Community Center Maintenance
177662 12,979 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store
177663 2,994 QWEST Telephone Prairie Village Liquor Store
177664 1,118 RAY,LEE Other Contracted Services Softball
177665 176 REED BUSINESS INFORMATION Legal Notices Publishing Capital Impr./Maint.Fund
177666 1,272 RICHFIELD,CITY OF Autos Police
177667 313 S&S WORLDWIDE Capital Under$10,000 Park Acquisition&Development
177668 106 SCHARBER&SONS Equipment Parts Fleet Operating
177669 54 SCHMIT,PATRICK K Other Contracted Services Teen Work Program
177670 49 SCHWARTZ,SHANNON S Instructor Service Outdoor Center
177671 7,245 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service
177672 153 SHAH,BANSARI B Other Contracted Services Teen Work Program
177673 618 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store
177674 81 SHAW,CARLEY Other Contracted Services Teen Work Program
177675 25,502 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 2006
177676 73 SHRED-IT Waste Disposal City Center Operations
177677 1,019 SIGNSOURCE Signs Park Maintenance
177678 54 SNAP-ON TOOLS Small Tools Fleet Operating
177679 45 SOUTHWEST SUBURBAN PUBLISHING- Dues&Subscriptions City Manager
177680 2,651 SPORTS WORLD USA INC Operating Supplies Ice Arena
177681 1,740 SPORTSIGN Other Contracted Services Accessibility
177682 2,776 SRF CONSULTING GROUP INC Other Contracted Services Planning
177683 9,545 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Treatment Plant
Check# Amount Vendor/Explanation Account Description Business Unit
177684 687 STANLEY SECURITY SOLUTIONS INC Contract Svcs-Security Community Center Maintenance
177685 1,272 STATE OF MINNESOTA Autos Police
177686 20 STATE OF MINNESOTA Operating Supplies DWI Forfeiture
177687 15 STEINER,SHARON Special Event Fees Senior Board
177688 200 STITELER,SHARON Instructor Service Outdoor Center
177689 324 STREICHERS Clothing&Uniforms Police
177690 20 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
177691 250 SUTTER,ROSS Other Contracted Services Staring Lake Concert
177692 144 SYED,ZOHAIB Other Contracted Services Teen Work Program
177693 22,633 THORPE DISTRIBUTING Beer Prairie View Liquor Store
177694 300 TURCOTTE STICK HANDLING HOCKEY Facility Rentals Ice Arena
177695 74 TWIN CITY FILTER SERVICE INC Operating Supplies Utility Operations-General
177696 746 TWIN CITY MONUMENT CO Signs Purgatory Creek Rec Area
177697 37 TWIN CITY WINDUSTRIAL CO. Repair&Maint.Supplies Water Treatment Plant
177698 110 UNIVERSITY OF MINNESOTA Conference Expense Park Maintenance
177699 64 UPS Postage Water Metering
177700 4,280 US POSTMASTER-HOPKINS Postage Community Brochure
177701 44 VALLEY NAT'L GASES-LOC 93 Other Rentals Water System Maintenance
177702 178 VAN PAPER COMPANY Operating Supplies City Hall-CAM
177703 97 VERIZON WIRELESS Telephone E-911 Program
177704 231 VESSCO INC Equipment Parts Water Treatment Plant
177705 87 VINO SOURCE,THE Liquor Den Road Liquor Store
177706 991 VISTAR CORPORATION Merchandise for Resale Concessions
177707 8,149 VTI Equipment Repair&Maint Water Treatment Plant
177708 108 WADNAL,ERIC E Other Contracted Services Teen Work Program
177709 1,795 WALL TRENDS INC Contract Svcs-General Bldg Fire Station#3
177710 724 WILSONS NURSERY INC Landscape Materials/Supp Purgatory Creek Rec Area
177711 981 WINE COMPANY,THE Transportation Prairie View Liquor Store
177713 3,239 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store
177714 250 WINTER,CARA Other Contracted Services Volleyball
177715 251 WM MUELLER AND SONS INC Landscape Materials/Supp Round Lake
177716 1,785 WORK CONNECTION,THE Other Contracted Services Park Maintenance
177717 1,169 WORLD CLASS WINES INC Transportation Den Road Liquor Store
177718 365 XCEL ENERGY Electric Prairie View Park
177719 9,912 YALE MECHANICAL INC Building Repair&Maint. Water Treatment Plant
177720 575 ZAHN,GERALD Other Contracted Services Volleyball
177721 5,834 ZIEGLER INC Other Rentals July 4th Celebration
177722 192 360 SPORTS MANAGEMENT Clothing&Uniforms Arts Initiative
177723 27 A TO Z RENTAL CENTER Operating Supplies Safety Camp
177724 288 ABRAKADOODLE Instructor Service Arts&Drama Programs
177725 51 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
177726 219 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store
177727 730 BOUNDLESS NETWORK Awards Softball
177728 38,048 CAR/TRUCK CITY AND GMAC Autos Police
177729 168 D BRIAN'S DELI&CATERING Operating Supplies Safety Camp
177730 12 DAHL,GAYLE Special Event Fees Red Hat
177731 210 GE CAPITAL Other Rentals General
177732 2,844 GUNFLINT DEVELOPMENT GROUP LLC Deposits Escrow
177733 181 HAMMERS,ROGER Operating Supplies Playgrounds
177734 9,100 HYDROLOGIC WATER MANAGEMENT Capital Under$10,000 Environmental Education
177735 5,106 INNOVATIVE GRAPHICS Clothing&Uniforms Safety Camp
177736 503 ITL PATCH COMPANY INC Awards Safety Camp
177737 2,000 LEBLANC,ERIC Tuition Reimbursement/School Organizational Services
177738 992 MAROTTA,VIC Instructor Service Summer Skill Development
177739 365 MASTER CRAFT LABELS INC Operating Supplies Den Road Liquor Store
177740 1,757 MASTER SPRINKLER SYSTEMS Capital Under$10,000 Environmental Education
177741 805 MENARDS Repair&Maint.Supplies Infiltration/Inflow Study
177742 3,108 NATIONAL MARTIAL ARTS ASSOCIAT Instructor Service Summer Skill Development
177743 15,774 SETTLERS RIDGE TOWNHOME ASSOC AR Utility Water Enterprise Fund
177744 135 SEVENICH,WENDY Mileage&Parking Community Center Admin
177745 675 VR BUILDERS Other Contracted Services Rehab
177746 1,050 GENZ RYAN PLUMBING&HEATING Other Contracted Services Rehab
177747 62 COMCAST General 494 Corridor Commission
177748 4 CULLIGAN BOTTLED WATER General 494 Corridor Commission
177749 978 EXPRESS PERSONNEL SERVICES General 494 Corridor Commission
Check# Amount Vendor/Explanation Account Description Business Unit
177750 1,780 FLYING COLORS INC General 494 Corridor Commission
177751 227 FRED PRYOR SEMINARS General 494 Corridor Commission
177752 577 INDEPENDENT SCHOOL DISTRICT NO General 494 Corridor Commission
177753 20 INTERNET EXPOSURE INC General 494 Corridor Commission
177754 258 KENNEDY RECOGNITION General 494 Corridor Commission
177755 205 MADISON,MELISSA General 494 Corridor Commission
177756 139 MEREDITH KATE General 494 Corridor Commission
177757 1,500 MESSERLI&KRAMER General 494 Corridor Commission
177758 6,361 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission
177759 422 MINNEAPOLIS REGIONAL CHAMBER 0 General 494 Corridor Commission
177760 149 NELSON,ROBIN General 494 Corridor Commission
177761 1,801 PENN CYCLE General 494 Corridor Commission
177762 485 PROFILES INC General 494 Corridor Commission
177763 149 ROCKHURST UNIVERSITY CONTINUIN General 494 Corridor Commission
177764 53 SOLUTION BUILDERS General 494 Corridor Commission
177765 25 SOUTHWEST TRANSIT General 494 Corridor Commission
177766 4,300 TEMPFORCE General 494 Corridor Commission
177767 92 VERIZON WIRELESS General 494 Corridor Commission
177768 504 WELLS FARGO BANK General 494 Corridor Commission
177769 75 ZEIGLE,PAUL General 494 Corridor Commission
177770 1,915 BAKERS'RIBS Operating Supplies Fire
177771 250 CHISAGO COUNTY SHERIFF'S DEPT Deposits Escrow
177772 980 MINNESOTA DEPT OF LABOR&INDU Clothing&Uniforms General Facilities
7,978,116 Grand Total
US Bank
Purchasing Cards
5/20/2008
Check# Amount Supplier Account Description Business Unit
3108 40 A PINE RESTAURANT Operating Supplies Fire
25 A TO Z RENTAL CENTER Operating Supplies Park Maintenance
45 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Street Maintenance
-9 ADOLPH KIEFER Sales Tax Payable General Fund
149 ADOLPH KIEFER Operating Supplies Pool Operations
-25 ADOLPH KIEFER Sales Tax Payable General Fund
415 ADOLPH KIEFER Recreation Supplies Pool Lessons
1,000 ADOLPH KIEFER Clothing&Uniforms Pool Operations
319 ADOLPH KIEFER Clothing&Uniforms Pool Lessons
-14 ADOLPH KIEFER Sales Tax Payable General Fund
226 ADOLPH KIEFER Recreation Supplies Pool Lessons
-17 AMERICAN PRO-AUDIO INC Sales Tax Payable General Fund City Center
275 AMERICAN PRO-AUDIO INC Supplies-General Bldg City Hall-CAM
72 AMERICINN Travel Expense Fire
518 ANNIE'S CAFE Supply-Sr Awareness Senior Board
-23 B&H PHOTO Sales Tax Payable General Fund
384 B&H PHOTO Video&Photo Supplies Communications
-9 BAUDVILLE Sales Tax Payable General Fund
141 BAUDVILLE Operating Supplies Playgrounds
-1 BAUDVILLE Sales Tax Payable General Fund
18 BAUDVILLE Operating Supplies Youth Programs Administration
-1 BAUDVILLE Sales Tax Payable General Fund
10 BAUDVILLE Operating Supplies Youth Programs Administration
320 BEST BUY Small Tools Fleet Operating
133 BLACK BEAR LODGE AND SALOON Operating Supplies Fire
-16 BULB SOLUTIONS Sales Tax Payable IT Operating
265 BULB SOLUTIONS Equipment Repair&Maint IT Operating
30 CARLSON WAGONLIT TRAVEL Tuition Reimbursement/School Police
599 CARLSON WAGONLIT TRAVEL Tuition Reimbursement/School Police
321 CARLSON WAGONLIT TRAVEL Tuition Reimbursement/School Police
30 CARLSON WAGONLIT TRAVEL Tuition Reimbursement/School Police
319 CARLSON WAGONLIT TRAVEL Tuition Reimbursement/School Police
30 CARLSON WAGONLIT TRAVEL Tuition Reimbursement/School Police
303 CDW HEALTHCARE Operating Supplies Community Center Admin
141 CHASKA Operating Supplies Police
50 CITY OF BLTN PARKANDRE Conference Expense Tennis
0 CL MICROSOFT.COM Sales Tax Payable IT Operating
6 CL MICROSOFT.COM Software Maintenance IT Operating
32 CROFUT FAMILY WINERY Special Event Fees Trips
219 CRUMB GOURMET DELI Miscellaneous City Council
10 CUB FOODS EDEN PRAIRIE Operating Supplies Girls on the Run
23 CUB FOODS EDEN PRAIRIE Training Supplies Pool Operations
45 CUB FOODS EDEN PRAIRIE Miscellaneous Housing and Community Service
180 CUB FOODS EDEN PRAIRIE Other Contracted Services Special Events(CC)
79 CUB FOODS EDEN PRAIRIE Operating Supplies Special Events(CC)
111 D BRIAN'S DELI&CATERING Operating Supplies Fire
274 D BRIAN'S DELI&CATERING Operating Supplies Fire
74 D BRIAN'S DELI&CATERING Miscellaneous Police
162 D BRIAN'S DELI&CATERING Miscellaneous CIP-Bonds
66 DAVANNI'S PIZZA Miscellaneous City Council
4,137 DEPT OF LABOR&INDUSTRY Building Surcharge General Fund
672 DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund
229 DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund
-101 DEPT OF LABOR&INDUSTRY Other Revenue General Fund
-1 DISCOUNT SCHOOL SUPPLY Sales Tax Payable General Fund
23 DISCOUNT SCHOOL SUPPLY Recreation Supplies Playgrounds
772 DISCOUNT SCHOOL SUPPLY Recreation Supplies Playgrounds
222 DOLLAR TREE STORES,INC. Operating Supplies Recreation Administration
11 DOLLAR TREE STORES,INC. Operating Supplies Senior Board
-11 DOLLAR TREE STORES,INC. Operating Supplies Senior Board
11 DOLLAR TREE STORES,INC. Supply-Sr Awareness Senior Board
Check# Amount Supplier Account Description Business Unit
175 DOLLAR TREE STORES,INC. Operating Supplies Recreation Administration
107 DRAMATISTS PLAY SERVICE INC Operating Supplies Arts Initiative
-5 EDERS.COM Sales Tax Payable General Fund
78 EDERS.COM Operating Supplies Summer Skill Development
118 ERBERT&GERBERT'S Supply-Sr Awareness Senior Board
153 ERBERT&GERBERT'S Operating Supplies Classes/Programs/Events
84 ERBERT&GERBERT'S Operating Supplies Senior Board
-84 ERBERT&GERBERT'S Operating Supplies Senior Board
84 ERBERT&GERBERT'S Supply-Sr Awareness Senior Board
79 ERBERT&GERBERT'S Supply-Sr Awareness Senior Board
2,589 ESS BROTHERS&SONS INC Repair&Maint.Supplies Sewer System Maintenance
1,825 FASTENAL COMPANY Repair&Maint. Supplies Water System Maintenance
23 FEDEX KINKO'S OFFICE AND PRINT Training Supplies Organizational Services
-14 FISHER-PRICE STORE.COM Sales Tax Payable Capital Impr./Maint.Fund
237 FISHER-PRICE STORE.COM Capital Under$10,000 Capital Impr./Maint.Fund
-36 GAMMA SPORTS Sales Tax Payable General Fund
597 GAMMA SPORTS Recreation Supplies Tennis
58 GINA MARIAS INC Miscellaneous Police
-2 GOVERNMENT FINANCE OFFICERS AS Sales Tax Payable General Fund
37 GOVERNMENT FINANCE OFFICERS AS Training Supplies Finance
480 GOVERNMENT FINANCE OFFICERS AS Awards Finance
18 GRAND ELY LODGE Tuition Reimbursement/School Water Treatment Plant
19 GRAND ELY LODGE Tuition Reimbursement/School Water Treatment Plant
34 GRAND ELY LODGE Tuition Reimbursement/School Water Treatment Plant
361 GRAND ELY LODGE Tuition Reimbursement/School Water Treatment Plant
130 GREG LARSON SPORTS Recreation Supplies Summer Skill Development
-1 HANCOCK FABRICS Sales Tax Payable General Fund
18 HANCOCK FABRICS Operating Supplies Special Events(CC)
1,080 HCMC-EMS EDUCATION Tuition Reimbursement/School Fire
-30 HEALTH PROMOTIONS NOW Sales Tax Payable General Fund
495 HEALTH PROMOTIONS NOW Printing Aquatics&Fitness Admin
64 HOLIDAY STATION STORES INC Operating Supplies Fire
372 HOME DEPOT CREDIT SERVICES Small Tools Fleet Operating
62 HOME DEPOT CREDIT SERVICES Small Tools Fleet Operating
38 HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Storm Drainage
6 HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance
130 HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance
79 HOME DEPOT CREDIT SERVICES Small Tools Water System Maintenance
83 HOME DEPOT CREDIT SERVICES Small Tools Sewer System Maintenance
37 HOME DEPOT CREDIT SERVICES Operating Supplies Traffic Signals
48 HOME DEPOT CREDIT SERVICES Small Tools Street Maintenance
45 HOME DEPOT CREDIT SERVICES Operating Supplies Arts
16 HYATT HOTELS Conference Expense City Clerk
24 HYATT HOTELS Conference Expense City Clerk
421 HYATT HOTELS Conference Expense City Clerk
360 IACP Tuition Reimbursement/School Police
180 INTERNATIONAL CODE COUNCIL Dues&Subscriptions Fire
99 JONES AND BARTLETT PUBLISHERS Training Supplies Pool Operations
-7 KIPP BROTHERS Sales Tax Payable General Fund
113 KIPP BROTHERS Recreation Supplies Outdoor Center
24 KOWALSKI'S MARKET Supply-Sr Awareness Senior Board
12 KOWALSKI'S MARKET Other Contracted Services Special Events(CC)
44 KOWALSKI'S MARKET Operating Supplies Youth Programs Administration
301 LEEANN CHIN Miscellaneous City Council
95 LUND&LANGE FLORISTS Operating Supplies Police
10 MENARDS Operating Supplies Park Maintenance
10 MENARDS Operating Supplies Park Maintenance
23 MENARDS Operating Supplies Park Maintenance
40 MENARDS Operating Supplies Pleasant Hill Cemetery
106 MENARDS Repair&Maint.Supplies Water System Maintenance
98 MENARDS Repair&Maint.Supplies Sewer System Maintenance
33 MENARDS Operating Supplies Park Maintenance
60 MENARDS Operating Supplies Park Maintenance
16 MENARDS Repair&Maint.Supplies Park Maintenance
90 MENARDS Small Tools Park Maintenance
Check# Amount Supplier Account Description Business Unit
191 MENARDS Repair&Maint.Supplies Utility Operations-General
208 MENARDS Repair&Maint. Supplies Sewer System Maintenance
504 MENARDS Repair&Maint. Supplies Sewer System Maintenance
184 MENARDS Landscape Materials/Supp Park Maintenance
2 MENARDS Repair&Maint.Supplies Park Maintenance
2 MENARDS Repair&Maint.Supplies Park Maintenance
62 MENARDS Building Materials Street Maintenance
45 MENARDS Building Materials Street Maintenance
40 MENARDS Operating Supplies Street Maintenance
23 MENARDS Repair&Maint.Supplies Water Metering
13 MENARDS Operating Supplies Park Maintenance
38 MENARDS Equipment Parts Fleet Operating
109 MICHAELS-THE ARTS&CRAFTS S Training Supplies Organizational Services
25 MSP COMMUNICATIONS Dues&Subscriptions Economic Development
795 NATIONAL LEAGUE OF CITIES Conference Expense City Council
-14 NETKNACKS,INC. Sales Tax Payable General Fund
228 NETKNACKS,INC. Recreation Supplies Leisure Education
32 NORTHERN TOOL&EQUIPMENT Small Tools Storm Drainage
251 NORTHERN TOOL&EQUIPMENT Equipment Parts Fleet Operating
250 NORTHERN TOOL&EQUIPMENT Equipment Parts Fleet Operating
16 NORTHERN TOOL&EQUIPMENT Operating Supplies Traffic Signals
307 NORTHWEST AIRLINES Conference Expense Planning
465 NTOA Tuition Reimbursement/School Police
465 NTOA Tuition Reimbursement/School Police
465 NTOA Tuition Reimbursement/School Police
465 NTOA Tuition Reimbursement/School Police
465 NTOA Tuition Reimbursement/School Police
297 OFFICE DEPOT CREDIT PLAN Operating Supplies Concessions
137 OFFICE DEPOT CREDIT PLAN Operating Supplies Youth Programs Administration
18 OFFICEMAX CREDIT PLAN Office Supplies Utility Operations-General
101 OLSON CHAIN&CABLE Repair&Maint. Supplies Sewer System Maintenance
-6 ONCOURT OFFCOURT,INC Sales Tax Payable General Fund
96 ONCOURT OFFCOURT,INC Recreation Supplies Leisure Education
-14 ONCOURT OFFCOURT,INC Sales Tax Payable General Fund
236 ONCOURT OFFCOURT,INC Recreation Supplies Leisure Education
305 PANERA BREAD Miscellaneous Housing and Community Service
48 PANERA BREAD Miscellaneous Police
162 PARTY AMERICA Other Contracted Services Special Events(CC)
17 PARTY AMERICA Other Contracted Services Special Events(CC)
-57 PARTY AMERICA Other Contracted Services Special Events(CC)
-66 PAYPAL INC Operating Supplies Fitness Classes
-18 PAYPAL INC Sales Tax Payable General Fund
293 PAYPAL INC Awards Communications
54 PAYPAL INC Software Maintenance IT Operating
-15 PAYPAL INC Sales Tax Payable General Fund
244 PAYPAL INC Software Maintenance Wireless Communication
65 PETES PLACE Operating Supplies Fire
57 PETES PLACE Operating Supplies Fire
78 PLAYSCRIPTS,INC Operating Supplies Arts Initiative
484 POWER SYSTEMS Operating Supplies Fitness Center
17 RAINBOW FOODS INC. Miscellaneous City Council
227 RAMADA INN Tuition Reimbursement/School Police
227 RAMADA INN Tuition Reimbursement/School Police
-10 RANGER JOE'S INTERNATIONAL Sales Tax Payable General Fund
166 RANGER JOE'S INTERNATIONAL Training Supplies Police
422 RUTTGERS BAY LAKE LODGE Conference Expense Community Development Admin.
-44 S&S WORLDWIDE Sales Tax Payable General Fund
726 S&S WORLDWIDE Recreation Supplies Playgrounds
94 SEARS EDEN PRAIRIE Small Tools Traffic Signals
35 SENSIBLE LAND USE COALITION Operating Supplies Community Development Admin.
477 SPORTS AUTHORITY Capital Under$10,000 Police
96 STARBUCKS COFFEE Operating Supplies Girls on the Run
116 SUPERAMERICA Operating Supplies Fire
17 SUPERAMERICA Motor Fuels Fleet Operating
6 TARGET Operating Supplies Girls on the Run
Check# Amount Supplier Account Description Business Unit
10 TARGET Miscellaneous Housing and Community Service
97 TARGET Operating Supplies Ice Arena
349 TARGET Operating Supplies Recreation Administration
208 TARGET Operating Supplies Recreation Administration
14 TARGET Operating Supplies Elections
81 TARGET Operating Supplies Youth Programs Administration
21 TARGET Operating Supplies Playgrounds
31 TARGET Operating Supplies Teen Programs
9 TARGET Other Contracted Services Special Events(CC)
13 TARGET Operating Supplies Therapeutic Rec Administration
20 TC THEATRE AND FILM Advertising Arts Initiative
-2 TEXTTRUST Sales Tax Payable General Fund
27 TEXTTRUST Other Contracted Services Communications
-2 TEXTTRUST Sales Tax Payable General Fund
27 TEXTTRUST Other Contracted Services Communications
29 THE ATLANTA LINK,LLC Conference Expense City Clerk
35 THE PROP SHOP Capital Under$10,000 Capital Impr./Maint.Fund
8 TIGER TECHNOLOGIES Software Information Technology
87 TOLL GAS AND WELDING SUPPLY Other Contracted Services Special Events(CC)
4,246 TURNING TECHNOLOGIES,LLC Operating Supplies Elections
-2 URBAN LAND INSTITUTE Sales Tax Payable General Fund
38 URBAN LAND INSTITUTE Miscellaneous Community Development Admin.
101 USTA Conference Expense Tennis
42 USTA Conference Expense Tennis
56 USTA Conference Expense Tennis
63 WALGREEN'S#5080 Repair&Maint. Supplies Fitness Center
7 WALGREEN'S#5080 Supply-Sr Awareness Senior Board
21 WALMART COMMUNITY Operating Supplies Girls on the Run
89 WALMART COMMUNITY Operating Supplies Riley Lake Beach
22 WALMART COMMUNITY Supply-Sr Awareness Senior Board
106 WALMART COMMUNITY Capital Under$10,000 Capital Impr./Maint.Fund
41,718 Total
US Bank
Purchasing Cards
6/20/2008
Check# Amount Supplier Account Description Business Unit
3128 -7 ADOLPH KIEFER Sales Tax Payable General Fund
120 ADOLPH KIEFER Operating Supplies Round Lake Beach
-7 ADOLPH KIEFER Sales Tax Payable General Fund
120 ADOLPH KIEFER Operating Supplies Pool Operations
-7 ADOLPH KIEFER Sales Tax Payable General Fund
120 ADOLPH KIEFER Operating Supplies Oak Point Operations
26 APPLEBEE'S NEIGHBORHOOD BAR& Miscellaneous Elections
60 ATOM Tuition Reimbursement/School Police
60 ATOM Tuition Reimbursement/School Police
-3 AV NOW,INC Sales Tax Payable General Fund
41 AV NOW,INC Operating Supplies Fitness Classes
-1 AZDEN CORPORATION Sales Tax Payable General Fund
9 AZDEN CORPORATION Operating Supplies Arts
69 BACHMANS CREDIT DEPT Operating Supplies Park Maintenance
215 BAKERS'RIBS Miscellaneous City Council
338 BELLA CUCINA Program Fee Red Hat
32 BEST BUY Repair&Maint.Supplies Water Metering
45 BIAGGI'S RISTORANTE ITALIANO Miscellaneous City Manager
94 BIAGGI'S RISTORANTE ITALIANO Miscellaneous City Manager
-42 BOLT DEPOT Sales Tax Payable Water Enterprise Fund
693 BOLT DEPOT Repair&Maint.Supplies Utility Operations-General
-3 BROWNELLS INC. Sales Tax Payable General Fund
42 BROWNELLS INC. Training Supplies Police
51 BRUNSWICK BOWLING LANES Special Event Fees Teen Programs
88 CDW GOVERNMENT INC. Operating Supplies Community Center Admin
434 CLOVER SUPER FOODS Merchandise for Resale Concessions
367 CLOVER SUPER FOODS Merchandise for Resale Concessions
42 CRAWFORD,ANN Operating Supplies Street Maintenance
593 CROSSTOWN MECHANICAL,INC Equipment Repair&Maint Concessions
214 CRUMB GOURMET DELI Merchandise for Resale Concessions
53 CRUMB GOURMET DELI Merchandise for Resale Concessions
38 CRUMB GOURMET DELI Merchandise for Resale Concessions
67 CRUMB GOURMET DELI Merchandise for Resale Concessions
48 CRUMB GOURMET DELI Merchandise for Resale Concessions
55 CRUMB GOURMET DELI Merchandise for Resale Concessions
23 CRUMB GOURMET DELI Office Supplies Recreation Administration
20 CUB FOODS EDEN PRAIRIE Operating Supplies Pool Lessons
43 CUB FOODS EDEN PRAIRIE Operating Supplies July 4th Celebration
236 D BRIAN'S DELI&CATERING Operating Supplies Fire
83 D BRIAN'S DELI&CATERING Miscellaneous Police
63 D BRIAN'S DELI&CATERING Miscellaneous Police
45 DAIRY QUEEN Training Supplies Organizational Services
45 DAIRY QUEEN Training Supplies Organizational Services
13 DAIRY QUEEN Training Supplies Organizational Services
329 DAVANNI'S PIZZA Operating Supplies Playgrounds
51 DEARBORN Other Contracted Services Economic Development
2,876 DEPT OF LABOR&INDUSTRY Building Surcharge General Fund
553 DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund
268 DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund
-74 DEPT OF LABOR&INDUSTRY Other Revenue General Fund
416 DISCOUNT SCHOOL SUPPLY Operating Supplies Playgrounds
11 DISCOUNT SCHOOL SUPPLY Operating Supplies Playgrounds
6 DOLLAR TREE STORES,INC. Operating Supplies Playgrounds
114 DOLLAR TREE STORES,INC. Operating Supplies July 4th Celebration
73 DOMINO'S PIZZA Operating Supplies Fire
-2 DRS Sales Tax Payable General Fund
27 DRS Operating Supplies Records Management
575 EMBASSY SUITES Conference Expense Planning
-13 FLAG COMPANY Sales Tax Payable General Fund
210 FLAG COMPANY Operating Supplies July 4th Celebration
184 FLAGHOUSE Operating Supplies Fitness Classes
53 GANDER MOUNTAIN Operating Supplies Riley Lake Beach
53 GANDER MOUNTAIN Operating Supplies Round Lake Beach
548 GAYLORD OPRYLAND HOTEL Tuition Reimbursement/School Police
29 GINA MARIAS INC Repair&Maint.Supplies Water System Maintenance
Check# Amount Supplier Account Description Business Unit
81 GINA MARIAS INC Miscellaneous July 4th Celebration
-30 GLOBAL INDUSTRIAL.COM Sales Tax Payable General Fund
484 GLOBAL INDUSTRIAL.COM Tuition Reimbursement/School Fire
-14 GLOBAL INDUSTRIAL.COM Sales Tax Payable General Fund
234 GLOBAL INDUSTRIAL.COM Tuition Reimbursement/School Fire
33 GREG LARSON SPORTS Recreation Supplies Summer Skill Development
158 GREG LARSON SPORTS Recreation Supplies Summer Skill Development
112 HALLA NURSERY INC Operating Supplies Fleet Operating
112 HALLA NURSERY INC Operating Supplies Fleet Operating
32 HOLIDAY STATION STORES INC Operating Supplies July 4th Celebration
18 HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance
14 HOME DEPOT CREDIT SERVICES Merchandise for Resale Concessions
48 HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Park Maintenance
130 HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance
64 HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Park Maintenance
91 HOME DEPOT CREDIT SERVICES Small Tools Water Metering
36 HOME DEPOT CREDIT SERVICES Operating Supplies Staring Lake Concert
-37 IN THE LINE OF DUTY INC Sales Tax Payable General Fund
611 IN THE LINE OF DUTY INC Training Supplies Police
253 INTERCONTINENTAL Travel Expense City Council
9 KOWALSKI'S MARKET Merchandise for Resale Concessions
28 KOWALSKI'S MARKET Operating Supplies Playgrounds
319 MARSHALL'S GARDENS Landscape Materials/Supp Park Maintenance
58 MARSHALL'S GARDENS Landscape Materials/Supp Park Maintenance
53 MARSHALL'S GARDENS Landscape Materials/Supp Park Maintenance
57 MENARDS Operating Supplies Park Maintenance
10 MENARDS Operating Supplies Park Maintenance
26 MENARDS Operating Supplies Park Maintenance
37 MENARDS Repair&Maint.Supplies Park Maintenance
25 MENARDS Chemicals Park Maintenance
25 MENARDS Operating Supplies Park Maintenance
28 MENARDS Operating Supplies Park Maintenance
35 MENARDS Operating Supplies Park Maintenance
64 MENARDS Operating Supplies Park Maintenance
42 MENARDS Repair&Maint.Supplies Water System Maintenance
25 MENARDS Repair&Maint.Supplies Storm Drainage
69 MENARDS Office Supplies Recreation Administration
-43 MENARDS Operating Supplies Park Maintenance
48 MENARDS Operating Supplies Park Maintenance
145 MENARDS Landscape Materials/Supp Park Maintenance
19 MENARDS Landscape Materials/Supp Park Maintenance
24 MENARDS Operating Supplies Park Maintenance
6 MENARDS Landscape Materials/Supp Park Maintenance
292 MENARDS Repair&Maint.Supplies Utility Improvement Fund
-292 MENARDS Repair&Maint.Supplies Utility Improvement Fund
292 MENARDS Repair&Maint.Supplies Infiltration/Inflow Study
0 MENARDS Sales Tax Payable General Fund
2 MENARDS Operating Supplies Street Maintenance
11 MENARDS Repair&Maint.Supplies Park Maintenance
39 MENARDS Operating Supplies Park Maintenance
18 MENARDS Operating Supplies Park Maintenance
11 MENARDS Operating Supplies Park Maintenance
75 MENARDS Operating Supplies Playgrounds
8 MENARDS Equipment Parts Fleet Operating
28 MERLINS ACE HARDWARE Operating Supplies Park Maintenance
6 MICHAELS-THE ARTS&CRAFTS S Operating Supplies Playgrounds
6 MICHAELS-THE ARTS&CRAFTS S Operating Supplies Therapeutic Rec Administration
15 MICHAELS-THE ARTS&CRAFTS S Operating Supplies Playgrounds
-1 MILL END TEXTILES Sales Tax Payable General Fund
10 MILL END TEXTILES Operating Supplies Police
17 MILL END TEXTILES Operating Supplies Police
165 MINNESOTA TWINS Operating Supplies Fitness Classes
190 NAIOP Other Contracted Services Economic Development
7 NATIONAL STUDENT CLEARINGHOUSE Other Contracted Services Organizational Services
160 OFFICE DEPOT CREDIT PLAN Computers Water Treatment Plant
111 OFFICE DEPOT CREDIT PLAN Operating Supplies Ice Arena
402 OLD LOG THEATER Special Event Fees Teen Programs
239 OLSON CHAIN&CABLE Repair&Maint.Supplies Water System Maintenance
-52 ORGANIZE EVERYTHING Sales Tax Payable Water Enterprise Fund
845 ORGANIZE EVERYTHING Operating Supplies Utility Operations-General
Check# Amount Supplier Account Description Business Unit
-3 PAPER DIRECT INC Sales Tax Payable General Fund
49 PAPER DIRECT INC Operating Supplies Community Center Admin
87 PARTY AMERICA Operating Supplies Day Care
13 PARTY AMERICA Operating Supplies Internal Events
33 PARTY AMERICA Operating Supplies Playgrounds
33 PARTY AMERICA Operating Supplies Playgrounds
100 PAYPAL INC Miscellaneous Housing and Community Service
100 PAYPAL INC Miscellaneous Housing and Community Service
54 PAYPAL INC Software Maintenance IT Operating
18 PDQ DELI MART Repair&Maint.Supplies Utility Operations-General
42 PEI WEI Miscellaneous City Manager
-3 POWER SYSTEMS Sales Tax Payable General Fund
46 POWER SYSTEMS Operating Supplies Fitness Classes
20 RAINBOW FOODS INC. Special Event Fees Senior Board
50 RAINBOW FOODS INC. Repair&Maint.Supplies Water System Maintenance
270 RAMADA INN Tuition Reimbursement/School Police
59 RUBY TUESDAY Operating Supplies Fire
995 SEARCH GROUP INC Tuition Reimbursement/School Police
441 SEARS EDEN PRAIRIE Small Tools Water Treatment Plant
82 SEARS EDEN PRAIRIE Small Tools Water Treatment Plant
12 SHAKOPEE BAKERY Operating Supplies Playgrounds
2 SUPERAMERICA Operating Supplies Park Maintenance
2 TARGET Miscellaneous Housing and Community Service
7 TARGET Video&Photo Supplies Communications
350 TARGET Merchandise for Resale Concessions
78 TARGET Merchandise for Resale Concessions
34 TARGET Operating Supplies Internal Events
-29 TARGET Operating Supplies Internal Events
43 TARGET Operating Supplies Arts
43 TARGET Operating Supplies Special Events Administration
21 TARGET Operating Supplies Wet and Wild
-25 TEXTTRUST Other Contracted Services Communications
250 TEXTTRUST Other Contracted Services Communications
10 THE BACKUP TRAINING CORP Tuition Reimbursement/School Police
10 THE BACKUP TRAINING CORP Tuition Reimbursement/School Police
10 THE BACKUP TRAINING CORP Tuition Reimbursement/School Police
10 THE BACKUP TRAINING CORP Tuition Reimbursement/School Police
-10 THE BACKUP TRAINING CORP Tuition Reimbursement/School Police
8 TIGER TECHNOLOGIES Software Information Technology
42 TURNSTYLE Office Supplies Recreation Administration
-5 U-HAUL Sales Tax Payable General Fund
79 U-HAUL Office Supplies Fire
7 USTA Operating Supplies Tennis
35 USTA Dues&Subscriptions Tennis
525 WABASHA STREET CAVES Special Event Fees Red Hat
35 WALGREEN'S#5080 Training Supplies Pool Operations
86 WALGREEN'S#5080 Office Supplies Recreation Administration
40 WALMART COMMUNITY Operating Supplies Riley Lake Beach
30 WALMART COMMUNITY Operating Supplies Concessions
250 WALMART COMMUNITY Operating Supplies July 4th Celebration
218 WALMART COMMUNITY Operating Supplies Playgrounds
36 WALMART COMMUNITY Operating Supplies Playgrounds
133 WALMART COMMUNITY Operating Supplies Playgrounds
149 WALMART COMMUNITY Operating Supplies July 4th Celebration
731 WESCO DISTRIBUTION Building Repair&Maint. Water Wells
240 WP-VISUALISE Deposits Escrow
23,005 Total
CITY COUNCIL AGENDA DATE:
SECTION: Ordinances and Resolutions August 19, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A.
Police Department First Reading of Ordinance Amending Code
Chief Rob Reynolds Section 6.20 Relating to Parades, Races and
Public Assemblies.
Requested Action
Move to: Approve first reading of an ordinance amending City Code Chapter 6, Section 6.20
relating to parades, races and public assemblies and adopting by reference City Code Chapter 1
and section 6.99 which among other things contain penalty provisions.
Synopsis
The Police Department is requesting that the City Council amend City Code Chapter 6 by
replacing Section 6.20 in its entirety with regulations related to parades,races and public
assemblies in order to provide for the public safety of protesters, park users and public safety
personnel.
Background
The proposed ordinance provides regulation for parades,races and public assemblies of more
than 50 people on public grounds. Public assemblies include any ceremony, show, pageant, fair,
exhibit,promotion, block party, demonstration,picket line, rally or other gathering on public
grounds. Groups wishing to assemble are required to apply for a Public Assembly Permit with
the Police Department. A Public Assembly Permit will cost $15.
Groups that are exempt from obtaining a permit include school sponsored events, holders of a
City Large Group Use permit, persons with rental or use agreements with the City or another
governmental agency, and City of Eden Prairie or other governmental sponsored events. Events
taking place on private property are not covered by the ordinance and do not need to obtain a
permit.
Attachments
• Ordinance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. -2008
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE CHAPTER 6 BY REPLACING SECTION 6.20 IN ITS ENTIRETY WITH
REGULATIONS RELATING TO PARADES, RACES AND PUBLIC ASSEMBLIES AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 6.99 WHICH
AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS.
The City Council of the City of Eden Prairie, Minnesota, ordains:
Section 1.City Code Section 6.20 is replaced in its entirety as follows:
SECTION 6.20 PARADES,RACES AND PUBLIC ASSEMBLIES.
Subd. 1. Purpose and Findings. The Council finds that persons and groups have a right to organize and participate in
peaceful assemblies on the streets, sidewalks, walkways and parks in the City and to engage in assembly near the object of
their protest so that they may be seen and heard, subject to reasonable restrictions designed to protect public safety,persons
and property, and to accommodate the interests of persons not participating in the assembly to use the street, sidewalk or
walkway to travel to their intended destinations and to use the parks for recreational purposes. Races, parades and public
assemblies on public grounds,including but not limited to outdoor concerts,rallies,festivals,demonstrations,and ceremonies
can potentially result in:
A. A danger to the safety and welfare of persons using public rights-of-way, including, but not limited to pedestrians,
motorists,persons entering and leaving motor vehicles and buildings, and persons performing essential traffic control
and emergency services;
B. Excessive noise likely to distract motorists and disturb the public peace;
C. A danger to the safety of the participants,as well as other persons in their vicinity;
D. Territorial disputes between competing users of public property;and
E. Damage to public parks,public grounds,streets,walkways,property and facilities.
It is the purpose of this ordinance to:
1. Protect the safe movement of pedestrian and vehicular traffic contiguous to the site of the expressive activity by
advance planning and appropriate staffing;
2. Protect the rights of persons engaging in expressive activities in public areas to be free from danger, interruption,
or disruption;
3. Protect the general public by adequate staffing of necessary police, fire and rescue resources so that the diversion
of resources to a public assembly does not impair the ability of emergency responders to provide adequate
services throughout the City;
4. Protect the quiet enjoyment of private property and the dedicated use of public property;
5. Coordinate multiple,competing uses of limited public space;
6. Prevent use of public property,public grounds or facilities in a manner that is potentially dangerous, unlawful or
impermissible under City,County,State or Federal laws,rules or regulations;
7. Provide a mechanism by which there is financial accountability for private use of public property,public grounds
or facilities so as to preserve that property for the benefit of the public;and
8. Recover the costs to the City attributable to private use of public property.
Subd. 2. Definitions. The following words and terms when used in this Section shall have the following meanings unless
the context clearly indicates otherwise:
A. Event or Planned Event—a parade,race or public assembly as hereinafter defined.
B. Parade—any procession of pedestrians,vehicles or animals or any combination thereof traveling in unison along or
upon a street,road or highway within the City which is organized and conducted for the purposes of attracting the
attention of the general public or expressing or celebrating views or ideas by use of verbal, visual, literary or
auditory means of communication. A `parade' shall not mean a procession of vehicles operated in compliance with
ordinary traffic laws or a procession of pedestrians along or upon a public sidewalk or private property,or alongside
a public street,road or highway in compliance with ordinary traffic laws.
C. Person - one (1) or more natural persons; a partnership, including a limited partnership; a corporation; a trust; any
other business organization;or association of any of the above.
D. Public Assembly—any ceremony, show, pageant, fair, exhibit, promotion, block party, demonstration, picket line,
rally or other gathering on public grounds in a place open to the general public where the person or group
conducting or organizing the event reasonably anticipates that fifty (50) or more persons will participate in the
assembly. A public assembly does not include any immediate and spontaneous expression of views in response to a
public event occurring within the preceding five(5)days.
E. Race— any scheduled public event or gathering of persons for a planned athletic event that moves upon a public
street, sidewalk or other public grounds from one location to another such as bicycle or running races, which may
potentially interfere with the normal flow or regulation of vehicular or pedestrian traffic.
F. School (K-12) — establishments primarily engaged in providing instructional services to elementary or secondary
students with a curriculum that complies with state regulations, including public schools governed by an elected
school board, private schools and charter schools.
Subd. 3. Permit Required and Voluntary Registration. A permit shall be required before any race, parade or public
assembly may be conducted on public property within the City. No person shall conduct or engage in any parade, race or
public assembly without a permit issued by the Chief of Police. Any person or group organizing or conducting a public
assembly for which a permit is not required by this Section may voluntarily register that event with the Chief of Police at no
charge.
Subd.4. Permit Application.
A. Filing. A person seeking issuance of a permit required by this Section must file a signed and completed application
with the Chief of Police on the forms provided by the Police Depaitiiient. In order to allow sufficient time for an
appeal from a permit denial, it is suggested that applications be filed at least sixty (60) days prior to the event.
Nevertheless, any fully completed, signed application filed within the minimum filing periods set forth below will be
accepted during business hours as follows:
1. For events involving two hundred(200)or more persons or thirty(30) or more animals,not less than seven(7)
business days prior to the planned event;
2. For any event that will make use of any portion of a public roadway, street or highway,not less than seven(7)
business days prior to the planned event;and
3. For all other public assemblies,not less than four(4)business days prior to the planned event.
The Chief of Police may waive the minimum filing period for good cause shown if, after due consideration of the
date, time, place and nature of the event the anticipated number of participants, and the City services required in
connection with the event, it is determined that the waiver will not adversely impact the public health, safety or
welfare.
B. Contents. The application for a permit under this Section shall request the following information:
1. The name, address, e-mail address, facsimile and telephone number of the person, group or entity responsible
for the sponsorship of the event.
2. The names, addresses, e-mail addresses, facsimile and telephone numbers of the headquarters of the
organization for which the event is to be conducted, if any, and the name(s) of the person(s) within that
organization responsible for the event.
3. A letter of authorization from the person organizing the event,or on whose behalf the event is being organized,
if different from the Applicant.
4. The names, addresses, e-mail addresses, facsimile and telephone numbers of the persons who will act as the
coordinators responsible for the event.
5. The names,addresses,and telephone numbers of any sound technicians for the event.
6. The date and hours when the event will start and terminate,including set-up and teardown times.
7. A description of the planned activities,including the approximate number of participants,the type and number
of any animals or vehicles involved and the approximate number of spectators and guests reasonably
anticipated.
8. Where the Chief of Police determines based upon an assessment of the location, date, time of day,
concentration of persons, vehicles, animals or equipment, use of sound amplification equipment or other
equipment generating noise, vibration, dust or smoke, that the event appears likely to interfere with the safe
and orderly movement of pedestrian or vehicular traffic contiguous to its route or location, interfere with the
movement of firefighting equipment or ambulance service, lack adequate essential facilities for the health and
safety of participants, or unreasonably interfere with the quiet enjoyment of neighboring properties or the
dedicated use of the public property on which the planned event is to be situated, the Chief of Police may
require, without reference to or consideration of the content of the expressive activity, views expressed or
anticipated to be expressed or the response it may provoke,one or more of the following:
(a) A site plan for the location of the event,the route to be traveled, if any,including the starting point and
the termination point, and the maximum and minimum speeds of any travel. A required site plan shall
also describe the amount of the public right of way, sidewalk, walkway, park or other public ground
that will be occupied by the participants, guests and onlookers of the event, including any loading or
unloading areas.
(b) A parking,pedestrian circulation and traffic directional plan.
(c) A neighborhood notification plan for any properties within five-hundred(500) feet of the property lines
of the site of an event to be held at a single location covering two square blocks or less, or along the
route of any race, march or parade, along with a signed statement by the Applicant attesting that the
Applicant will send by regular mail or hand-delivery notice of the date, time, location and size of the
event to the owners or occupants of those properties at least forty-eight (48) hours prior to the
commencement of the event.
9. A description of any tents, stages, platforms, temporary structures, devices, tables, booths, first-aid or relief
stations, dumpsters, fencing, portable toilets, signs, or banners to be used in conjunction with the event and
their proposed location.
10. A description of any sound amplification equipment and its positioning and other mechanical or electronic
equipment to be used in connection with the event.
11. A description of any public facilities or equipment to be utilized.
12. A description of the Applicant's plan to clean up and restore the site.
13. A description of any food or beverage service provided to the public or event participants.
14. A description of any merchandise sales or fundraising.
15. Name of the last city or town in which any parade, race, outdoor concert, or public assembly was conducted
by the Applicant or the person on whose behalf the event is to be conducted and whether or not the Applicant
has had a parade,race,outdoor concert or public assembly permit or license revoked within the preceding five
(5)years.
16. Such other information as the Chief of Police requires in order to make a fair determination as to whether or
not a permit should issue.
C. Indemnification. The permit application for all events shall provide and require an indemnification agreement signed
by the Applicant which shall read as follows:
"In consideration for the use of public grounds and the grant of a permit for the purposes set forth in
this Application, the Applicant agrees to defend, indemnify and hold harmless the City, its officers,
agents, and employees against any and all claims, suits, actions, debts, losses, damages, costs, charges,
and personal injury, including death, resulting directly or indirectly from any act of negligence, either
active or passive, on the part of the Applicant in the Applicant's use of public property specified in the
Application."
Subd.5. Fees.
A. Permit Fees. Permit fees for events shall be $15.00 per day, and the permit fee shall be submitted with the
application. Additional permits and fees may be required if the event includes public facility rental, tents or other
attributes subject to separate regulation.
B. Contractual Police Overtime Deposit. A fee for contractual police overtime must be paid prior to issuance of the
permit if the Chief of Police determines, based upon the event's size, date, time of day, location, concentration of
persons,vehicles,animals or equipment,that additional police services,over and above that which can be provided by
regularly scheduled on-duty police personnel,is necessary to protect the public health, safety and welfare. In making
this determination, the Chief of Police may not reference or consider the content of the expressive activity or views
expressed or anticipated to be expressed or the response it may provoke. The fee for contractual police overtime shall
be based upon the established contractual overtime rates for the patrol and supervisory officers available, which
include regular salary,plus regular fringe benefits. Contractual police overtime rates shall be those established by the
City's annual fee resolution.
C. Other City Staff Overtime Deposit. A fee for estimated City staff overtime must be paid prior to issuance of the
permit if the Chief of Police determines, based upon the event's size, date, time of day, location, concentration of
persons, vehicles, animals or equipment, that additional City staffing is necessary to protect the public health, safety
and welfare. In making this determination, the Chief of Police may not reference or consider the content of the
expressive activity or views expressed or anticipated to be expressed or the response it may provoke. The fee for City
staff overtime shall be based upon the actual overtime rates for the City staff available to serve the event,which shall
include regular salary, plus regular fringe benefits. City staff overtime rates shall be those established by the City's
annual fee resolution.
Subd.6. Exemptions from Permit Fee and Application.
A. Council Findings on Exemptions. The Council makes the following findings regarding the need to exempt certain
persons from paying a permit fee and submitting a permit application for public assemblies:
1. Schools conduct and sponsor several public assemblies, such as outdoor concerts, athletic competition, field
trips and music events on a regular basis, including marching band events, sporting events with musical
components, art festivals,and student fund-raisers on property owned or leased by the school or used pursuant
to a written agreement with the City. A permit application and fee for each such event would adversely impact
the events, which benefit the community as a whole, and, in most cases, would represent a transfer of public
monies between governmental units without any corresponding benefit to the community.
2. The City and other governmental agencies acting within the scope of their functions, sponsor many public
assemblies. Payment of permit fees for each such City or other governmental agency sponsored event would
adversely impact the events and would represent an internal transfer of public monies for no justifiable reason.
B. Exemptions from Permit Fees for Public Assemblies. In light of the Council findings, the following persons are
exempt from the fee for a permit under this Section for public assemblies,not including races or parades:
1. Schools conducting public assemblies on property described in Subdivision 6 (A) (1) under the immediate
direction and supervision of proper school authorities;
2. Holders of a City Large Group Use permit, interim use permit or a written use agreement with the City for a
planned event where the activities are limited to the authorized use set forth in the permit or agreement;
3. Persons who have entered into a rental or use agreement with the City for use of City parks or facilities or
persons who have entered into a rental or use agreement with another governmental agency or who have been
issued a permit from another governmental agency for use of parks or facilities located within the City which
are owned or operated by said governmental agency;and
4. The City for City sponsored events or other governmental agencies for events sponsored by such agency acting
within the scope of its functions;
C. Exemptions from Permit Application for Public Assemblies; Registration. Those persons exempt from a permit
fee in subpart (B) of this Subdivision, shall not be required to complete a permit application. However, whenever
amplified sound is a component of the event or the event may potentially interfere with the normal flow of traffic,the
exempt person must register with the City providing notice of the planned public assembly at least five (5) business
days prior to the proposed event. The registration notice shall include the name and phone number of the person
sponsoring or conducting the event;the date and time of the event;the location of the event;a description of any sound
amplification equipment, or other mechanical or electronic equipment to be used in connection with the event; and
such other information as the Chief of Police requires in the interest of the public health,safety and welfare.
D. Responsibilities of Exempt Event Sponsors. Those persons exempt from a permit fee and application in subpart(B)
of this Subdivision are nonetheless subject to all applicable state laws and City Code provisions, including without
limitation City Code: Section 9.04(rules and regulations governing public parks); Section 9.34(obstructions on public
property); Section 9.30 (disorderly conduct generally); Section 9.31 (disorderly conduct on school grounds and in
school buildings); Section 9.41(noise); Section 9.35 (curfew); Section 5.37 (peddlers); Section 6.06 (obstruction in
streets)and may be required to pay the cost of any law enforcement services over and above the level of City services
available with regular on-duty staffing that are directly attributable to their event. The City's cost of repair, clean-up,
or replacement of City property, public grounds or facilities damaged as a direct result of the event shall also be
recoverable from the exempt event sponsor, as well as any City liability to third parties resulting from the exempt
person's event.
Subd.7. Permit Application Verification and Consideration
A. Application Consideration. An application for a permit pursuant to this Section shall be submitted to the Chief of
Police. The Chief of Police is empowered to conduct and shall conduct investigations to verify the information on the
application. The Chief of Police shall then route the application to the Director of Community Development, Fire
Chief, Director of Parks and Recreation and City Traffic Engineer for review and consideration based upon the
applicable laws or regulations relating to the proposed public event and an assessment of the event's likely impact on
the public health, safety and welfare. The Chief of Police may place conditions on a permit as may be necessary to
ensure adequate parking and traffic circulation, to minimize impacts on adjacent property, to ensure compliance with
all applicable laws and to otherwise protect the health, safety and welfare of the community. A permit shall be issued
when it is found by the Chief of Police that:
1. The conduct of the event will not substantially interrupt the safe and orderly movement of other pedestrian or
vehicular traffic contiguous to its route or location;
2. The conduct of the event will not interfere with the movement of fire fighting equipment;
3. The conduct of the event will not require the diversion of so great a number of City police resources as to pose
an adverse impact on the health,welfare and safety of the public;
4. The concentration of vehicles, persons and animals at public assembly points of an event will not unduly
interfere with proper fire and police protection of,or ambulance service to,areas contiguous to such event;
5. The conduct of the event is not reasonably likely to cause injury to persons or property;
6. Adequate sanitation and other required health facilities are or will be made available in or adjacent to any
public assembly areas of the event;
7. There are sufficient parking places near the beginning and end sites of the public assembly areas of the event;
8. The Applicant has paid all fees required under this Section;
9. The event is not being held for the primary purpose of advertising or selling any product or service and is not
designed to be held purely for commercial purposes;
10. No event permit application for the same time and location is already granted,or has been received and will be
granted, and no event listed in Subdivision 6 (B) is already scheduled for the same time and location. In the
case of competing applications simultaneously under consideration for the same time and location,the Chief of
Police will use an impartial,blind lottery to determine which Applicant is entitled to the permit.
B. Approval or Denial. The Chief of Police shall act promptly upon a completed permit application but in no event
shall fail to grant or deny a permit more than twenty(20)days after his receipt or less than forty-eight(48)hours prior
to the event without the written consent of the Applicant. If the application is denied,in whole or in part,the Chief of
Police shall notify the Applicant of the his determination in writing, setting out the specific reason therefore. The
notice shall be mailed,e-mailed,or sent by facsimile to the Applicant at the street address,e-mail address,or facsimile
number provided in the application and it shall inform the Applicant of the Applicant's right,within twenty(20)days
after the date the notice was mailed to request an administrative review by the City Manager or the City Manager's
designated representative of the Chief of Police's determination. The Chief of Police in denying an application for a
permit may authorize an alternative permit for the parade, race, or public assembly at a date, time, location, route or
under conditions different from that named by the Applicant. An Applicant desiring to accept an alternative permit
shall,within five(5)days after notice of the denial,file a written notice of acceptance with the Chief of Police.
C. Administrative Review. An Applicant has a right to request an administrative review by the City Manager or the
City Manager's designated representative of the Chief of Police's determination to deny a permit within twenty (20)
days after the date the notice of denial was mailed by serving the City Manager with a written request for
administrative review along with all documents and written arguments serving as a basis for the Applicant's position.
If a request for administrative review is timely received by the City Manager,the City Manager or the City Manager's
designee shall issue a written decision, setting forth the reasons therefore within a reasonable period, in no case later
than twenty (20) days from the date of receipt of the request for administrative review by the City Manager or the
City's Manager's designated representative. The decision of the City Manager shall be mailed to the Applicant at the
address on the permit application. Exhaustion of administrative remedies is not a precondition to judicial review.
Subd.8. Permit Restrictions and Permit Revocation.
A. Limitations. The Applicant, along with any person acting under the Applicant's control or direction, must conduct
and control the event so that it remains at all times in complete conformity with all conditions set forth in the approved
permit application.
B. Application of Other Laws. In addition to the provisions of this Section,parades,races and public assemblies shall
be subject to all other applicable state laws and City Code provisions,including without limitation City Code: Section
9.04 (rules and regulations governing public parks); Section 9.34 (obstructions on public property); Section 9.30
(disorderly conduct generally); Section 9.31 (disorderly conduct on school grounds and in school buildings); Section
9.41(noise); Section 9.35(curfew); Section 5.37(peddlers);and Section 6.06(obstruction in streets).
C. The Chief of Police shall have the authority to revoke a permit issued hereunder instantly upon violation of the
conditions or standards for issuance as set forth in this Section,violation by any participant of City Code or state law,
or in case of a public emergency.
Subd.9. Prohibitions.
A. No person shall stage,present,conduct or start any event without first obtaining a permit as required by this Section.
B. No person shall unreasonably hamper, obstruct, or impede or interfere with any permitted event or person, animal or
vehicle participating therein.No driver of any vehicle shall drive between the vehicles,persons or animals comprising
a parade or race when such parade or race is in motion. The Chief of Police shall have the authority,when reasonably
necessary, to prohibit or restrict the parking of vehicles along the route of the race or parade in areas contiguous
thereto and shall post signs to such effect and it shall be unlawful for any person to park or leave a vehicle unattended
in violation thereof.
C. No person shall participate in an event for which the person knows or reasonably should have known that a required
permit has not issued.
D. No person in charge of,or responsible for the conduct of, a permitted event shall intentionally violate any condition of
the permit.
E. No person shall intentionally engage in, participate in, aid or start any event that poses a substantial hazard to the
public safety.
F. No persons participating in an event shall utilize sound amplification equipment at decibel levels that exceed those
limits imposed by Section 9.41 unless otherwise specifically authorized in the permit.
G. No person participating in an event shall possess any length of lumber,wood or wood lath unless it is one-fourth(1/4)
inch or less in thickness and two (2) inches or less in width, or if not rectangular, not more than three-quarters (3/4)
inch in its thickest dimension.
Section 2.City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire
City Code including Penalty for Violation" and Section 6.99 entitled "Violation a
Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety by reference as
though repeated verbatim herein.
Effective Date: 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 19th day of
August, 2008, and finally read and adopted and ordered published at a regular meeting of the City
Council of said City on the 19th day of August, 2008.
ATTEST:
Kathleen Porta, City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie News on the day of , 2008.
CITY COUNCIL AGENDA DATE:
SECTION: Ordinances and Resolutions August 19, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.B.
Police Department Second Reading of Ordinance Amending Code
Chief Rob Reynolds Section 6.20 Relating to Parades, Races and
Public Assemblies.
Requested Action
Move to:
• Approve second reading of an ordinance amending City Code Chapter 6, Section 6.20
relating to parades, races and public assemblies and adopting by reference City Code Chapter
1 and section 6.99 which among other things contain penalty provisions; and
• Adopt Resolution approving Summary publication.
Synopsis
This is the second reading of the ordinance amending City Code Chapter 6.
Attachments
• Ordinance
• Resolution
• Summary
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. -2008
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE CHAPTER 6 BY REPLACING SECTION 6.20 IN ITS ENTIRETY WITH
REGULATIONS RELATING TO PARADES, RACES AND PUBLIC ASSEMBLIES AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 6.99 WHICH
AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS.
The City Council of the City of Eden Prairie, Minnesota, ordains:
Section 1.City Code Section 6.20 is replaced in its entirety as follows:
SECTION 6.20 PARADES,RACES AND PUBLIC ASSEMBLIES.
Subd. 1. Purpose and Findings. The Council finds that persons and groups have a right to organize and participate in
peaceful assemblies on the streets, sidewalks, walkways and parks in the City and to engage in assembly near the object of
their protest so that they may be seen and heard, subject to reasonable restrictions designed to protect public safety,persons
and property, and to accommodate the interests of persons not participating in the assembly to use the street, sidewalk or
walkway to travel to their intended destinations and to use the parks for recreational purposes. Races, parades and public
assemblies on public grounds,including but not limited to outdoor concerts,rallies,festivals,demonstrations,and ceremonies
can potentially result in:
A. A danger to the safety and welfare of persons using public rights-of-way, including, but not limited to pedestrians,
motorists,persons entering and leaving motor vehicles and buildings, and persons performing essential traffic control
and emergency services;
B. Excessive noise likely to distract motorists and disturb the public peace;
C. A danger to the safety of the participants,as well as other persons in their vicinity;
D. Territorial disputes between competing users of public property;and
E. Damage to public parks,public grounds,streets,walkways,property and facilities.
It is the purpose of this ordinance to:
1. Protect the safe movement of pedestrian and vehicular traffic contiguous to the site of the expressive activity by
advance planning and appropriate staffing;
2. Protect the rights of persons engaging in expressive activities in public areas to be free from danger, interruption,
or disruption;
3. Protect the general public by adequate staffing of necessary police, fire and rescue resources so that the diversion
of resources to a public assembly does not impair the ability of emergency responders to provide adequate
services throughout the City;
4. Protect the quiet enjoyment of private property and the dedicated use of public property;
5. Coordinate multiple,competing uses of limited public space;
6. Prevent use of public property,public grounds or facilities in a manner that is potentially dangerous, unlawful or
impermissible under City,County,State or Federal laws,rules or regulations;
7. Provide a mechanism by which there is financial accountability for private use of public property,public grounds
or facilities so as to preserve that property for the benefit of the public;and
8. Recover the costs to the City attributable to private use of public property.
Subd. 2. Definitions. The following words and terms when used in this Section shall have the following meanings unless
the context clearly indicates otherwise:
A. Event or Planned Event—a parade,race or public assembly as hereinafter defined.
B. Parade—any procession of pedestrians,vehicles or animals or any combination thereof traveling in unison along or
upon a street,road or highway within the City which is organized and conducted for the purposes of attracting the
attention of the general public or expressing or celebrating views or ideas by use of verbal, visual, literary or
auditory means of communication. A `parade' shall not mean a procession of vehicles operated in compliance with
ordinary traffic laws or a procession of pedestrians along or upon a public sidewalk or private property,or alongside
a public street,road or highway in compliance with ordinary traffic laws.
C. Person - one (1) or more natural persons; a partnership, including a limited partnership; a corporation; a trust; any
other business organization;or association of any of the above.
D. Public Assembly—any ceremony, show, pageant, fair, exhibit, promotion, block party, demonstration, picket line,
rally or other gathering on public grounds in a place open to the general public where the person or group
conducting or organizing the event reasonably anticipates that fifty (50) or more persons will participate in the
assembly. A public assembly does not include any immediate and spontaneous expression of views in response to a
public event occurring within the preceding five(5)days.
E. Race— any scheduled public event or gathering of persons for a planned athletic event that moves upon a public
street, sidewalk or other public grounds from one location to another such as bicycle or running races, which may
potentially interfere with the normal flow or regulation of vehicular or pedestrian traffic.
F. School (K-12) — establishments primarily engaged in providing instructional services to elementary or secondary
students with a curriculum that complies with state regulations, including public schools governed by an elected
school board, private schools and charter schools.
Subd. 3. Permit Required and Voluntary Registration. A permit shall be required before any race, parade or public
assembly may be conducted on public property within the City. No person shall conduct or engage in any parade, race or
public assembly without a permit issued by the Chief of Police. Any person or group organizing or conducting a public
assembly for which a permit is not required by this Section may voluntarily register that event with the Chief of Police at no
charge.
Subd.4. Permit Application.
A. Filing. A person seeking issuance of a permit required by this Section must file a signed and completed application
with the Chief of Police on the forms provided by the Police Depaitiiient. In order to allow sufficient time for an
appeal from a permit denial, it is suggested that applications be filed at least sixty (60) days prior to the event.
Nevertheless, any fully completed, signed application filed within the minimum filing periods set forth below will be
accepted during business hours as follows:
1. For events involving two hundred(200)or more persons or thirty(30) or more animals,not less than seven(7)
business days prior to the planned event;
2. For any event that will make use of any portion of a public roadway, street or highway,not less than seven(7)
business days prior to the planned event;and
3. For all other public assemblies,not less than four(4)business days prior to the planned event.
The Chief of Police may waive the minimum filing period for good cause shown if, after due consideration of the
date, time, place and nature of the event the anticipated number of participants, and the City services required in
connection with the event, it is determined that the waiver will not adversely impact the public health, safety or
welfare.
B. Contents. The application for a permit under this Section shall request the following information:
1. The name, address, e-mail address, facsimile and telephone number of the person, group or entity responsible
for the sponsorship of the event.
2. The names, addresses, e-mail addresses, facsimile and telephone numbers of the headquarters of the
organization for which the event is to be conducted, if any, and the name(s) of the person(s) within that
organization responsible for the event.
3. A letter of authorization from the person organizing the event,or on whose behalf the event is being organized,
if different from the Applicant.
4. The names, addresses, e-mail addresses, facsimile and telephone numbers of the persons who will act as the
coordinators responsible for the event.
5. The names,addresses,and telephone numbers of any sound technicians for the event.
6. The date and hours when the event will start and terminate,including set-up and teardown times.
7. A description of the planned activities,including the approximate number of participants,the type and number
of any animals or vehicles involved and the approximate number of spectators and guests reasonably
anticipated.
8. Where the Chief of Police determines based upon an assessment of the location, date, time of day,
concentration of persons, vehicles, animals or equipment, use of sound amplification equipment or other
equipment generating noise, vibration, dust or smoke, that the event appears likely to interfere with the safe
and orderly movement of pedestrian or vehicular traffic contiguous to its route or location, interfere with the
movement of firefighting equipment or ambulance service, lack adequate essential facilities for the health and
safety of participants, or unreasonably interfere with the quiet enjoyment of neighboring properties or the
dedicated use of the public property on which the planned event is to be situated, the Chief of Police may
require, without reference to or consideration of the content of the expressive activity, views expressed or
anticipated to be expressed or the response it may provoke,one or more of the following:
(a) A site plan for the location of the event,the route to be traveled, if any,including the starting point and
the termination point, and the maximum and minimum speeds of any travel. A required site plan shall
also describe the amount of the public right of way, sidewalk, walkway, park or other public ground
that will be occupied by the participants, guests and onlookers of the event, including any loading or
unloading areas.
(b) A parking,pedestrian circulation and traffic directional plan.
(c) A neighborhood notification plan for any properties within five-hundred(500) feet of the property lines
of the site of an event to be held at a single location covering two square blocks or less, or along the
route of any race, march or parade, along with a signed statement by the Applicant attesting that the
Applicant will send by regular mail or hand-delivery notice of the date, time, location and size of the
event to the owners or occupants of those properties at least forty-eight (48) hours prior to the
commencement of the event.
9. A description of any tents, stages, platforms, temporary structures, devices, tables, booths, first-aid or relief
stations, dumpsters, fencing, portable toilets, signs, or banners to be used in conjunction with the event and
their proposed location.
10. A description of any sound amplification equipment and its positioning and other mechanical or electronic
equipment to be used in connection with the event.
11. A description of any public facilities or equipment to be utilized.
12. A description of the Applicant's plan to clean up and restore the site.
13. A description of any food or beverage service provided to the public or event participants.
14. A description of any merchandise sales or fundraising.
15. Name of the last city or town in which any parade, race, outdoor concert, or public assembly was conducted
by the Applicant or the person on whose behalf the event is to be conducted and whether or not the Applicant
has had a parade,race,outdoor concert or public assembly permit or license revoked within the preceding five
(5)years.
16. Such other information as the Chief of Police requires in order to make a fair determination as to whether or
not a permit should issue.
C. Indemnification. The permit application for all events shall provide and require an indemnification agreement signed
by the Applicant which shall read as follows:
"In consideration for the use of public grounds and the grant of a permit for the purposes set forth in
this Application, the Applicant agrees to defend, indemnify and hold harmless the City, its officers,
agents, and employees against any and all claims, suits, actions, debts, losses, damages, costs, charges,
and personal injury, including death, resulting directly or indirectly from any act of negligence, either
active or passive, on the part of the Applicant in the Applicant's use of public property specified in the
Application."
Subd.5. Fees.
A. Permit Fees. Permit fees for events shall be $15.00 per day, and the permit fee shall be submitted with the
application. Additional permits and fees may be required if the event includes public facility rental, tents or other
attributes subject to separate regulation.
B. Contractual Police Overtime Deposit. A fee for contractual police overtime must be paid prior to issuance of the
permit if the Chief of Police determines, based upon the event's size, date, time of day, location, concentration of
persons,vehicles,animals or equipment,that additional police services,over and above that which can be provided by
regularly scheduled on-duty police personnel,is necessary to protect the public health, safety and welfare. In making
this determination, the Chief of Police may not reference or consider the content of the expressive activity or views
expressed or anticipated to be expressed or the response it may provoke. The fee for contractual police overtime shall
be based upon the established contractual overtime rates for the patrol and supervisory officers available, which
include regular salary,plus regular fringe benefits. Contractual police overtime rates shall be those established by the
City's annual fee resolution.
C. Other City Staff Overtime Deposit. A fee for estimated City staff overtime must be paid prior to issuance of the
permit if the Chief of Police determines, based upon the event's size, date, time of day, location, concentration of
persons, vehicles, animals or equipment, that additional City staffing is necessary to protect the public health, safety
and welfare. In making this determination, the Chief of Police may not reference or consider the content of the
expressive activity or views expressed or anticipated to be expressed or the response it may provoke. The fee for City
staff overtime shall be based upon the actual overtime rates for the City staff available to serve the event,which shall
include regular salary, plus regular fringe benefits. City staff overtime rates shall be those established by the City's
annual fee resolution.
Subd.6. Exemptions from Permit Fee and Application.
A. Council Findings on Exemptions. The Council makes the following findings regarding the need to exempt certain
persons from paying a permit fee and submitting a permit application for public assemblies:
1. Schools conduct and sponsor several public assemblies, such as outdoor concerts, athletic competition, field
trips and music events on a regular basis, including marching band events, sporting events with musical
components, art festivals,and student fund-raisers on property owned or leased by the school or used pursuant
to a written agreement with the City. A permit application and fee for each such event would adversely impact
the events, which benefit the community as a whole, and, in most cases, would represent a transfer of public
monies between governmental units without any corresponding benefit to the community.
2. The City and other governmental agencies acting within the scope of their functions, sponsor many public
assemblies. Payment of permit fees for each such City or other governmental agency sponsored event would
adversely impact the events and would represent an internal transfer of public monies for no justifiable reason.
B. Exemptions from Permit Fees for Public Assemblies. In light of the Council findings, the following persons are
exempt from the fee for a permit under this Section for public assemblies,not including races or parades:
1. Schools conducting public assemblies on property described in Subdivision 6 (A) (1) under the immediate
direction and supervision of proper school authorities;
2. Holders of a City Large Group Use permit, interim use permit or a written use agreement with the City for a
planned event where the activities are limited to the authorized use set forth in the permit or agreement;
3. Persons who have entered into a rental or use agreement with the City for use of City parks or facilities or
persons who have entered into a rental or use agreement with another governmental agency or who have been
issued a permit from another governmental agency for use of parks or facilities located within the City which
are owned or operated by said governmental agency;and
4. The City for City sponsored events or other governmental agencies for events sponsored by such agency acting
within the scope of its functions;
C. Exemptions from Permit Application for Public Assemblies; Registration. Those persons exempt from a permit
fee in subpart (B) of this Subdivision, shall not be required to complete a permit application. However, whenever
amplified sound is a component of the event or the event may potentially interfere with the normal flow of traffic,the
exempt person must register with the City providing notice of the planned public assembly at least five (5) business
days prior to the proposed event. The registration notice shall include the name and phone number of the person
sponsoring or conducting the event;the date and time of the event;the location of the event;a description of any sound
amplification equipment, or other mechanical or electronic equipment to be used in connection with the event; and
such other information as the Chief of Police requires in the interest of the public health,safety and welfare.
D. Responsibilities of Exempt Event Sponsors. Those persons exempt from a permit fee and application in subpart(B)
of this Subdivision are nonetheless subject to all applicable state laws and City Code provisions, including without
limitation City Code: Section 9.04(rules and regulations governing public parks); Section 9.34(obstructions on public
property); Section 9.30 (disorderly conduct generally); Section 9.31 (disorderly conduct on school grounds and in
school buildings); Section 9.41(noise); Section 9.35 (curfew); Section 5.37 (peddlers); Section 6.06 (obstruction in
streets)and may be required to pay the cost of any law enforcement services over and above the level of City services
available with regular on-duty staffing that are directly attributable to their event. The City's cost of repair, clean-up,
or replacement of City property, public grounds or facilities damaged as a direct result of the event shall also be
recoverable from the exempt event sponsor, as well as any City liability to third parties resulting from the exempt
person's event.
Subd.7. Permit Application Verification and Consideration
A. Application Consideration. An application for a permit pursuant to this Section shall be submitted to the Chief of
Police. The Chief of Police is empowered to conduct and shall conduct investigations to verify the information on the
application. The Chief of Police shall then route the application to the Director of Community Development, Fire
Chief, Director of Parks and Recreation and City Traffic Engineer for review and consideration based upon the
applicable laws or regulations relating to the proposed public event and an assessment of the event's likely impact on
the public health, safety and welfare. The Chief of Police may place conditions on a permit as may be necessary to
ensure adequate parking and traffic circulation, to minimize impacts on adjacent property, to ensure compliance with
all applicable laws and to otherwise protect the health, safety and welfare of the community. A permit shall be issued
when it is found by the Chief of Police that:
1. The conduct of the event will not substantially interrupt the safe and orderly movement of other pedestrian or
vehicular traffic contiguous to its route or location;
2. The conduct of the event will not interfere with the movement of fire fighting equipment;
3. The conduct of the event will not require the diversion of so great a number of City police resources as to pose
an adverse impact on the health,welfare and safety of the public;
4. The concentration of vehicles, persons and animals at public assembly points of an event will not unduly
interfere with proper fire and police protection of,or ambulance service to,areas contiguous to such event;
5. The conduct of the event is not reasonably likely to cause injury to persons or property;
6. Adequate sanitation and other required health facilities are or will be made available in or adjacent to any
public assembly areas of the event;
7. There are sufficient parking places near the beginning and end sites of the public assembly areas of the event;
8. The Applicant has paid all fees required under this Section;
9. The event is not being held for the primary purpose of advertising or selling any product or service and is not
designed to be held purely for commercial purposes;
10. No event permit application for the same time and location is already granted,or has been received and will be
granted, and no event listed in Subdivision 6 (B) is already scheduled for the same time and location. In the
case of competing applications simultaneously under consideration for the same time and location,the Chief of
Police will use an impartial,blind lottery to determine which Applicant is entitled to the permit.
B. Approval or Denial. The Chief of Police shall act promptly upon a completed permit application but in no event
shall fail to grant or deny a permit more than twenty(20)days after his receipt or less than forty-eight(48)hours prior
to the event without the written consent of the Applicant. If the application is denied,in whole or in part,the Chief of
Police shall notify the Applicant of the his determination in writing, setting out the specific reason therefore. The
notice shall be mailed,e-mailed,or sent by facsimile to the Applicant at the street address,e-mail address,or facsimile
number provided in the application and it shall inform the Applicant of the Applicant's right,within twenty(20)days
after the date the notice was mailed to request an administrative review by the City Manager or the City Manager's
designated representative of the Chief of Police's determination. The Chief of Police in denying an application for a
permit may authorize an alternative permit for the parade, race, or public assembly at a date, time, location, route or
under conditions different from that named by the Applicant. An Applicant desiring to accept an alternative permit
shall,within five(5)days after notice of the denial,file a written notice of acceptance with the Chief of Police.
C. Administrative Review. An Applicant has a right to request an administrative review by the City Manager or the
City Manager's designated representative of the Chief of Police's determination to deny a permit within twenty (20)
days after the date the notice of denial was mailed by serving the City Manager with a written request for
administrative review along with all documents and written arguments serving as a basis for the Applicant's position.
If a request for administrative review is timely received by the City Manager,the City Manager or the City Manager's
designee shall issue a written decision, setting forth the reasons therefore within a reasonable period, in no case later
than twenty (20) days from the date of receipt of the request for administrative review by the City Manager or the
City's Manager's designated representative. The decision of the City Manager shall be mailed to the Applicant at the
address on the permit application. Exhaustion of administrative remedies is not a precondition to judicial review.
Subd.8. Permit Restrictions and Permit Revocation.
A. Limitations. The Applicant, along with any person acting under the Applicant's control or direction, must conduct
and control the event so that it remains at all times in complete conformity with all conditions set forth in the approved
permit application.
B. Application of Other Laws. In addition to the provisions of this Section,parades,races and public assemblies shall
be subject to all other applicable state laws and City Code provisions,including without limitation City Code: Section
9.04 (rules and regulations governing public parks); Section 9.34 (obstructions on public property); Section 9.30
(disorderly conduct generally); Section 9.31 (disorderly conduct on school grounds and in school buildings); Section
9.41(noise); Section 9.35(curfew); Section 5.37(peddlers);and Section 6.06(obstruction in streets).
C. The Chief of Police shall have the authority to revoke a permit issued hereunder instantly upon violation of the
conditions or standards for issuance as set forth in this Section,violation by any participant of City Code or state law,
or in case of a public emergency.
Subd.9. Prohibitions.
A. No person shall stage,present,conduct or start any event without first obtaining a permit as required by this Section.
B. No person shall unreasonably hamper, obstruct, or impede or interfere with any permitted event or person, animal or
vehicle participating therein.No driver of any vehicle shall drive between the vehicles,persons or animals comprising
a parade or race when such parade or race is in motion. The Chief of Police shall have the authority,when reasonably
necessary, to prohibit or restrict the parking of vehicles along the route of the race or parade in areas contiguous
thereto and shall post signs to such effect and it shall be unlawful for any person to park or leave a vehicle unattended
in violation thereof.
C. No person shall participate in an event for which the person knows or reasonably should have known that a required
permit has not issued.
D. No person in charge of,or responsible for the conduct of, a permitted event shall intentionally violate any condition of
the permit.
E. No person shall intentionally engage in, participate in, aid or start any event that poses a substantial hazard to the
public safety.
F. No persons participating in an event shall utilize sound amplification equipment at decibel levels that exceed those
limits imposed by Section 9.41 unless otherwise specifically authorized in the permit.
G. No person participating in an event shall possess any length of lumber,wood or wood lath unless it is one-fourth(1/4)
inch or less in thickness and two (2) inches or less in width, or if not rectangular, not more than three-quarters (3/4)
inch in its thickest dimension.
Section 2.City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire
City Code including Penalty for Violation" and Section 6.99 entitled "Violation a
Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety by reference as
though repeated verbatim herein.
Effective Date: 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 19th day of
August, 2008, and finally read and adopted and ordered published at a regular meeting of the City
Council of said City on the 19th day of August, 2008.
ATTEST:
Kathleen Porta, City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie News on the day of , 2008.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2008 -
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. - 2008 AND
ORDERING THE PUBLICATION OF SAID SUMMARY.
WHEREAS, Ordinance No. - 2008 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie held on the 19th day of August, 2008;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRIARIE, THAT THE CITY COUNCIL FINDS,DETERMINES,AND
ORDERS AS FOLLOWS:
A. The text of Summary of Ordinance No. -2008, attached hereto as Exhibit A
conforms to Minn. Stat. § 33 1A.01, subd. 10, and is approved, and publication of
the title and Summary of Ordinance will clearly inform the public of the intent
and effect of the Ordinance.
B. The title and summary shall be published once in the Eden Prairie Sun Current in
a body type no smaller than brevier or 8 point type.
C. A printed copy of the Ordinance shall be made available for inspection for any
person, during regular business hours, at the offices of the City Clerk, and a copy
of the entire text of the Ordinance shall be posted in the City offices.
D. Ordinance -2008 shall be recorded in the Ordinance Book, along with proof
of publication, within twenty (20) days after said publication.
ADOPTED by the City Council on August 19, 2008.
Phil Young, Mayor
ATTEST:
Kathleen Porta, City Clerk
PUBLISHED in the Eden Prairie News of the day of , 2008.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF ORDINANCE NO. -2008
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA
AMENDING CITY CODE CHAPTER 6 BY REPLACING SECTION 6.20 IN ITS
ENTIRETY WITH REGULATIONS RELATING TO PARADES, RACES AND
PUBLIC ASSEMBLIES AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 6.99 WHICH AMONG OTHER THINGS CONTAIN
PENALTY PROVISIONS.
The following is only a summary of Ordinance No. -2008. The full text is available
for public inspection by any person during regular business hours at the office of the City
Clerk:
The ordinance amends Chapter 6 of the City Code by replacing Section 6.20 in its
entirety with regulations relating to parades, races and public assemblies. The former
ordinance regulates parades only. Along with parades and races, the new ordinance
regulates public assemblies of 50 or more persons held on public property within the
City. The ordinance requires organizations and/or individuals to submit a detailed
application and permit fee before any race, parade or public assembly of 50 or more
people may be held on public property within the City. The ordinance does not apply to
events held on private property. In addition, schools, City and other governmental
agency sponsored events, holders of large group use permits and interim use permits
issued by the City and persons with rental or use agreements with the City are exempt
from the application requirement and permit fee. The ordinance incorporates, by
reference, City Code Chapter 1 and City Code Section 6.99 which contain definitions and
provisions relating to penalties.
Effective Date: This ordinance shall become effective from and after its passage and
publication.
ATTEST:
Kathleen Porta, City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on the day of , 2008.
CITY COUNCIL AGENDA DATE:
SECTION: Appointments August 19, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.A.
Community Development: Appointment to Technology Committee
Janet Jeremiah/David Lindahl
Requested Action
Move to: Appoint Mr. Dan Foley to the Technology Committee.
Synopsis
The Technology Committee was formed in January 2008 as an outgrowth of the Technology
Task Force with 11 of the original 15 members agreeing to serve for at least one year. One of the
members resigned, and several members have had work reassignments so there are about 7
members attending meetings regularly.
Mr. Foley is an Eden Prairie resident and has a diverse background in computers and
communications. He started with Univac in 1968 in their federal division where he negotiated
large contracts with the Airforce and later moved into sales of computer systems to the Airforce.
Since then he has worked primarily in sales of computers and computer related equipment. He
has a strong technical background and is knowledgeable of cabling systems, and copper and fiber
infrastructure. He is now semi-retired and runs a small business on the internet. He is a member
of the Eden Prairie Chamber of Commerce and also recently participated in the City's Business
Survey. Mr. Foley would be an excellent fit for the Technology Committee.
Background
A Technology Task Force was formed in 2007 to assess the state of telecommunication and high
speed internet services in Eden Prairie. One of the key recommendations from the Task Force
was to form a Technology Committee to continue to work on the recommendations of the Task
Force. Eleven of the original fifteen Task Force members agreed to serve on the Committee
including: Jim Dake, Rich Muller, Kiran Mysore, Scott Otis, Heather Peterson, Jody Russell,
Steve Sandness, Dave Sandum, Marc Soldner, Cheri White, and Ron Woods. All members either
live or work in Eden Prairie.
It was agreed that the group would be organized as a"City Committee" and not a formal Board
or Commission, would meet monthly, and would serve for at least one year. However, the group
also decided to evaluate after the first year how much they have accomplished and decide how
often they would continue to meet based on the remaining work load.
CITY COUNCIL AGENDA DATE:
SECTION: Report of the City Manager August 19, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: Section 106 ITEM NO.: XIV.B.2.
Community Development, Memorandum of Agreement
Janet Jeremiah
John Gertz
Requested Action
Motion to: Authorize the City Manager and Heritage Preservation Commission Chairperson
to sign the Section 106 Memorandum of Agreement between the Federal
Highway Administration and the Minnesota State Historic Preservation Office
Regarding Reconstruction of County State Aid Highway 1 (Pioneer Trail) in Eden
Prairie, Hennepin County, Minnesota.
Synopsis
The Section 106 Memorandum of Agreement is the culmination of the consultation process
required by Section 106 of the National Historic Preservation Act, as amended, to seek
alternatives that could avoid, minimize, or mitigate the adverse effects of the highway project on
historic properties. The following properties have been identified as historic:
• J. R. Cummins House—Listed on the National Register of Historic Places.
• Goodrich-Ramus Dairy Barn—Determined eligible for the National Register of Historic
Places.
Execution of the MOA and implementation of its terms evidences that the Federal Highway
Administration in consultation with the Minnesota Historic Preservation Office, Minnesota
Department of Transportation(Mn/DOT), Hennepin County Department of Transportation and
the City of Eden Prairie has taken into account the effects of the highway project on historic
properties.
Background Information
The project and area evaluated under Section 106 is for the reconstruction and widening of a
segment of County State Aid Highway 1 from Shetland Road to east of Trunk Highway 212.
Hennepin County must complete its project environmental assessment requirements (which
include the Section 106/MOA)by September 30, 2008. The Heritage Preservation Commission
has been added to the MOA as a concurring signatory and will also need to review the MOA and
sign it. The HPC will review the MOA at its regularly scheduled August 18 meeting.
Attachments
Section 106 Memorandum of Agreement
SECTION 106 MEMORANDUM OF AGREEMENT BETWEEN
THE FEDERAL HIGHWAY ADMINISTRATION (FHWA)AND
THE MINNESOTA STATE HISTORIC PRESERVATION OFFICE (SHPO)
REGARDING RECONSTRUCTION OF COUNTY STATE AID HIGHWAY(CSAH) 1
(PIONEER TRAIL) IN EDEN PRAIRIE, HENNEPIN COUNTY, MINNESOTA
State Project(S.P.) 27-601-35
WHEREAS, the Federal Highway Administration(FHWA) is providing Federal-Aid Highway
Program funds to Hennepin County for reconstruction and widening of a segment of County
State Aid Highway(CSAH) 1 (Pioneer Trail) from Shetland Road to east of Trunk Highway 212
in the City of Eden Prairie (S.P. 27-601-35); and
WHERAS, the FHWA has found that the undertaking will have adverse effects on the John R.
Cummins Farmhouse, a property listed on the National Register of Historic Places, and on the
Goodrich-Ramus Dairy Barn, a historic property determined eligible for listing on the National
Register of Historic Places; and
WHEREAS, the FHWA has consulted with the Minnesota State Historic Preservation Officer
(SHPO), the Minnesota Department of Transportation(Mn/DOT), Hennepin County, and the
City of Eden Prairie pursuant to 36 CFR 800.6(b)(1) to resolve the adverse effects of the
undertaking on historic properties; and
WHEREAS, the FHWA has notified the Advisory Council (Council) on Historic Preservation of
its finding of adverse effects pursuant to 36 CFR 800.6(a)(1) and the Council has chosen not to
participate in the consultation;
WHEREAS, the FHWA has invited the SHPO, Mn/DOT, Hennepin County, and the City of
Eden Prairie to sign this Memorandum of Agreement(MOA)pursuant to 36 CFR 800.6(c)(2);
and
WHEREAS, the FHWA has invited the Eden Prairie Heritage Preservation Commission (HPC)
and the Preservation Alliance of Minnesota to concur in this MOA pursuant to 36 CFR
800.6(c)(3); and
NOW, WHEREFORE, the FHWA, the SHPO, Mn/DOT and Hennepin County agree that upon
the FHWA's decision to proceed with the undertaking, the FHWA shall ensure that the following
stipulations are implemented in order to take into account the effects of the undertaking on
historic properties, and that these stipulations shall govern the undertaking and all of its parts
until this MOA expires or is terminated.
Stipulations
1. Terms
(A) Hennepin County and the City of Eden Prairie will complete an adaptive reuse study that
identifies potential new uses for the Goodrich-Ramus Dairy Barn that are technically and
1
economically feasible, compatible with applicable codes and ordinances, and consistent with the
Secretary of the Interior's Standards for the Treatment of Historic Properties. Hennepin County
and the City of Eden Prairie will submit the completed reuse study to the Mn/DOT CRU and the
SHPO for review and concurrence.
(B) If Hennepin County, the SHPO, and the Mn/DOT CRU agree to a reuse for the Goodrich-
Ramus Dairy Barn, the County will consult with the SHPO, the Mn/DOT CRU, and the City of
Eden Prairie in finalizing the design of project work in the barn's vicinity, including,but not
limited to, roadway and trail construction,pond installation, access, parking, signage, and
planting. The County will submit the final design plans to the Mn/DOT CRU and the SHPO for
review and approval.
(C) Hennepin County will develop any plans for altering the Goodrich-Ramus Dairy Barn for
reuse in consultation with the Mn/DOT CRU and the SHPO. Final design plans will be
submitted to the Mn/DOT CRU and the SHPO for review and approval to ensure that all work
meets the Secretary of the Interior's Standards for the Treatment of Historic Properties.
(D) If Hennepin County, the Mn/DOT CRU and the SHPO agree that none of the adaptive reuses
identified in the study are viable, Hennepin County will consult with the SHPO, the Mn/DOT
CRU, the City of Eden Prairie, and the concurring parties to this MOA to agree upon
development and implementation of appropriate mitigation. This may include, but will not be
limited to, Hennepin County documenting the barn in accordance with the guidelines of the
Minnesota Historic Property Record(MHPR)prior to the barn's demolition. The County will
submit completed documentation to the Mn/DOT CRU and SHPO for review and approval and
for archiving at the Minnesota Historical Society.
(E) Hennepin County and Mn/DOT will complete a cultural landscape report and management
plan for the John R. Cummins Farmhouse. The Mn/DOT CRU will submit the completed report
and plan to the SHPO for review and concurrence.
(F) The City of Eden Prairie, the SHPO, and the Mn/DOT CRU will develop a protocol for
consultation regarding long-term implementation of the recommendations made in the John R.
Cummins Farmhouse landscape management plan.
(G) The City of Eden Prairie will consult with the Mn/DOT CRU and the SHPO in finalizing
design of ball field and parking reconfiguration(including access, signage,plantings) in the
vicinity of the John R. Cummins Farmhouse to ensure appropriate consideration of any
character-defining property features identified by the landscape study (likely to include, but not
limited to, trees, shrubs, circulation patterns).
(H) The City of Eden Prairie will submit the final design for ball field and parking
reconfiguration in the vicinity of the John R. Cummins Farmhouse to the Mn/DOT CRU and the
SHPO for review and approval prior to the start of any construction.
(I) Hennepin County will consult with the SHPO, the Mn/DOT CRU, and the City of Eden
Prairie in finalizing design of all project work in the vicinity of the John R. Cummins Farmhouse
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to ensure appropriate consideration of any character-defining property features identified by the
landscape study(likely to include,but not limited to, trees, shrubs, circulation patterns).
(J)Hennepin County will submit the final design plans for work in the vicinity of the John R.
Cummins Farmhouse to the SHPO and the Mn/DOT CRU for review and approval prior to the
start of roadway construction.
(K) Hennepin County and the City of Eden Prairie will consult with the SHPO, the Mn/DOT
CRU, the City of Eden Prairie, and the concurring parties to this MOA to agree upon appropriate
mitigation for the John R. Cummins Farmhouse, which may include, but may not be limited to,
implementation of recommendations developed in the landscape management plan.
(L) Hennepin County and the City of Eden Prairie will consult with the SHPO and the Mn/DOT
CRU to develop appropriate measures ensuring protection of the John R. Cummins Farmhouse
and surrounding landscape (including trees, shrubs, and other vegetation) during construction.
The County and the City will each incorporate these measures into their final plans and
contractor specifications. The specifications will be submitted along with final plans to the
SHPO and the Mn/DOT CRU for review and approval prior to the start of construction.
2. Administrative Provisions
(A) Dispute Resolution. Any party to this MOA may object to its terms or the implementation of
its terms by providing a written objection to the FHWA. The FHWA shall consult with the party
to resolve their objection. If, after consultation, the FHWA determines that the objection cannot
be resolved, the FHWA will forward all documentation relevant to the objection to the Council,
including the FHWA's proposed response to the objection. Within 30 (thirty) days of receiving
adequate documentation from the FHWA, the Council shall exercise one of the following
options:
i. The Council shall advise the FHWA that it concurs in the FHWA's proposed response to
the objection, whereupon the FHWA will respond to the objection accordingly; or
ii. The Council shall provide the FHWA with recommendations, which the FHWA shall
take into account in reaching a final decision regarding its response to the objection.
iii. The FHWA may assume the Council's concurrence in its proposed response to the
objection if the Council does not exercise one of the above options within 30 (thirty) days
of receiving all pertinent documentation.
iv. The FHWA shall take into account any Council recommendation or comment provided in
accordance with this stipulation with reference only to the subject of the objection; the
FHWA's responsibility to carry out all actions under this MOA that are not the subject(s)
of the objection shall remain unchanged.
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(B) Public Objection. If a member of the public raises an objection pertaining to this MOA or
the effects of the undertaking on historic properties during implementation of the MOA's
stipulations, the FHWA shall notify the parties to this MOA and take the objection into account,
consulting with the objector and, if the objector requests, with any of the parties to this MOA to
resolve the objection.
(C) Amendments. Any signatory to this MOA may ask for an amendment by making a written
request to the FHWA, whereupon the parties to the MOA shall consult to consider the proposed
amendment. The regulations at 36 CFR 800 shall govern the execution of any such amendment.
(D) Termination. Any signatory to this MOA may terminate it by providing 60 (sixty) days
written notice to the FHWA and the other signatories, provided the FHWA and the other
signatories consult during the period prior to termination to agree on amendments or other
actions that would avoid termination.
(E) Termination Date. If the terms of this MOA have not been implemented within five (5)
years of its full execution date, the MOA shall be considered null and void. If the FHWA
anticipates that the MOA will not be implemented within this timeframe, it will notify the parties
to the MOA in writing at least 60 (sixty) days prior to the MOA becoming invalid. The MOA
may be extended by the written concurrence of the signatories. If the MOA becomes invalid and
the FHWA elects to continue with the undertaking, the FHWA will reinitiate review of the
undertaking pursuant to 36 CFR 800.
Execution of this MOA and implementation of its terms evidences that the FHWA has taken into
account the effects of the undertaking on historic properties and afforded the Council a
reasonable opportunity to comment on the undertaking.
FEDERAL HIGHWAY ADMINISTRATION (FHWA)
By:
Robin Schroeder, Acting Division Administrator Date
MINNESOTA STATE HISTORIC PRESERVATION OFFICE (SHPO)
By:
Nina Archabal, State Historic Preservation Officer Date
Invited Signatories:
MINNESOTA DEPARTMENT OF TRANSPORTATION (Mn/DOT)
By:
Thomas K. Sorel, Commissioner Date
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HENNEPIN COUNTY TRANSPORTATION DEPARTMENT
By:
James N. Grube, P.E., Director, Transportation Department, Date
County Engineer
CITY OF EDEN PRAIRIE
By:
Scott Neal, City Manager Date
Concurring signatories:
EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION
By:
Betsy Adams, Chairperson Date
PRESERVATION ALLIANCE OF MINNESOTA
By:
XXXXXX Date
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CITY COUNCIL AGENDA DATE:
SECTION: Report of Community Development Director August 19, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. XIV.C.1.
Community Development: Dunn Bros Coffee/Smith Douglas More
Janet Jeremiah/David Lindahl
Requested Council Action:
Move to: Authorize staff to pursue a new lease with Puregrace LLC.
Synopsis:
The current 12 month lease between Puregrace LLC and the City of Eden Prairie at the Smith-Douglas-
More property expires at the end of this year. Puregrace and its sub-tenant College Nannies and Tutors are
asking for a one year extension to the current lease under the same terms. The basic terms of the 2008 lease
are as follows:
Puregrace Rent $18,000
Additional Rent(projected) $ 1,000 (5% of sales over $30,000 paid to City as additional rent)
College Tutors Rent $12,000
Total Rent $31,000
City Expenses (projected) $20,000 (snow removal, lawn care, and HVAC repairs &maintenance)
Net Rent after Expenses $11,000
The City is paying for snow removal, lawn care, and HVAC related maintenance which may total about
$20,000 in 2008. However, over $6,000 of that was attributed to HVAC related repairs, which according to
the City's Facility Manager, was due to deferred maintenance over the past five years. So expenses in 2009
may be closer to $14,000.
Although not spelled out in their attached proposal, Puregrace is planning to apply for a license to sell beer
and wine and has indicated to staff that they would use some of the profit to pay additional rent or help pay
for outside maintenance. They are currently developing a business plan around that initiative and will
follow-up with staff with details about revenue projections and a percentage of sales that could be shared
with the City.
Improving access and parking on the site could help generate more coffee sales and allow events such as
weddings,but it is difficult to estimate how much and whether the benefit would out way the cost. Some of
the improvements discussed include expanding the parking lot and providing a turn around which is
expected to cost between $25,000 and$30,000. Access to the site from Eden Prairie Road is right in and
right out and a median cut for full access would require approval from Hennepin County and could cost as
much as expanding the parking lot. Improving access would most likely create a need for more parking and
a turn around. Puregrace has indicated they do not have the resources at this time to pay for a parking
expansion.
Background:
The Smith Douglas More property was purchased by the City in 1981 for the purpose of preserving it
as a historical structure and life estate was granted to its sellers, Earl and Helen More. After Earl
More passed away in 1999 the City began planning for the reuse of the property. A major renovation
of the property occurred in 2002 as part of a 5-year lease arrangement with Dunn Bros Coffee. A
sublease between Dunn Bros and Puregrace LLC, a Dunn Bros franchisee, was approved by the City
Council September 2006.
In 2007, Dunn Bros indicated it was losing money and determined it would not exercise an option to
renew the lease for another five years. However, their franchisee, Puregrace LLC, submitted a
proposal to lease the property for 12 months at significantly reduced rent—based on what they felt
the business could afford to pay. After considerable discussion about whether to sell the property,
lease it to another entity that could pay more rent, or possibly provide it to the Eden Prairie
Foundation, the City Council approved a 12 month lease with Puregrace.
Attachments:
Puregrace letter/proposal
Dear Mayor Young and the Eden Prairie City Council,
We are writing this letter to propose a one year extension of the current lease
arrangement between PureGrace , College Nannies & Tutors, and the City of Eden
Prairie for the Smith Douglas More house.
Both entities are encouraged by the direction of our businesses and are pleased with our
partnership. We originally thought that our two businesses would be a good fit for
sharing this space because we would both be able to promote each others businesses and
we have different peak hours. We are also both deeply committed to the Eden Prairie
community. We have found this to be true. For example, in April, Dunn Bros and
College Nannies & Tutors hosted an Easter Egg Hunt for the community. Dunn Bros has
also made donations to Prop, the Senior Center, all of the Eden Prairie Schools and many
other groups and organizations. We have had many local musicians play and several
politicians have held campaign events in the store. College Tutors has given Free ACT
and SAT Practice Tests to any interested students. Together, we have hosted an Open
House and have reached out to the community for this free event. Just last weekend,
Dunn Bros and the Historical Society presented an Antique Show. College Nannies &
Tutors was a sponsor and provided free craft activities for the children. We do see the
Smith Douglas More House as a destination for the community and together we are able
to present family-friendly activities.
While we are both encouraged by the direction of our businesses and are pleased with our
partnership, there have also been some difficulties. Dunn Bros has lost revenue because
there is no longer a conference room that can hold ten people for a meeting, since this
area has become the permanent tutoring room. While College Nannies & Tutors has
made good strides, they have not had a full school year to test their business, as the
location wasn't operational until January of 2008. At times,parking is tight for both
business and occasionally the needed space inside of particular areas is maximized.
Finally, it was difficult to plan our budgets for 2008 because we did not reach a lease
agreement until the end of 2007. We have made adjustments along the way and were
able to work with the fluidity of merging two entities into one space.
As the school year begins for College Tutors, and the seasonality of the business for
Dunn Bros changes, we feel that we are now able to use the past few months of actual
data to better predict what a fully operational full year could be for our businesses, but we
are relying on a small amount of information. While we have several hurdles yet to
overcome, we feel we are on the right track with the blending of our businesses and the
space. We also feel the community has positively responded to the use of the Smith
Douglas More House and we would like a year extension in order to best work out any
further needs, as well as have data of a fully operational year to make extended
commitments.
Sincerely,
Ann Schuster and Laura Davis
CITY COUNCIL AGENDA DATE:
SECTION: Report of the Community Development Director August 19, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.C.2.
Community Development Town Center Implementation Strategy
Janet Jeremiah
Requested Action
No action required.
Synopsis
This is an update regarding the implementation strategy for the Town Center redevelopment.
Background Information
The Major Center Area(MCA) Study was adopted by the City Council on January 17, 2006 as
an advisory tool. The study includes land use, transportation and wayfinding recommendations
for the Valley View Road/Prairie Center Drive "ring road" area.
One of the primary MCA recommendations is to develop a compact, walkable, mixed-use
"Town Center"west of Flying Cloud Drive and north of Regional Center Drive. Two citizen
surveys as well as a survey of Chamber of Commerce members in 2005 revealed that this is the
number one priority for the area. The 2007 city-wide Quality of Life Survey also revealed that
lack of a downtown is an issue for Eden Prairie residents.
The MCA Study includes implementation strategies, which were discussed with the City Council
during a workshop. The City Council directed staff to change the Comprehensive Plan and
zoning for the Town Center area and to remain more flexible regarding land use options for the
remainder of the MCA.
The Town Center land use guide amendments are underway as part of the overall
Comprehensive Plan update. The update needs to be completed by December 31, 2008 unless an
extension is granted by the Metropolitan Council. Our Comprehensive Plan update is currently
in the 6-month review process, which ends in September. Formal public hearings are anticipated
to be held at the Planning Commission and City Council in October and November, respectively,
before final adoption.
Once the Comprehensive Plan is adopted, the Town Center properties will need to be rezoned,
per State law, so that the zoning doesn't conflict with the Comprehensive Plan. The City
Council already adopted new Town Center mixed-use zoning district ordinances. However, the
new Town Center districts have not yet been applied to any individual properties.
One tool that is available to cities while they study land use changes and consider such
amendments is the development moratorium. However, staff has not recommended a
moratorium for the Town Center, due to concern that it would send the wrong message to the
development community and property owners that we are willing to delay redevelopment and
reuse. Rather, staff thought it would be preferable to work with the market and negotiate the best
solution for proposals such as Windsor Plaza and Top Dog, while we continue to implement our
official controls.
Current Activities & Considerations
Staff intends to begin meeting individually with each of the property owners in the Town Center
area to make sure they understand the rationale for the proposed Comprehensive Plan
amendments/rezonings as well as the implications for any future changes they may wish to make
to their properties. If any of the owners have serious concerns about moving forward with the
proposed amendments and rezonings, staff will relate those concerns to the Planning
Commission and City Council.
If any of the property owners do have serious concerns, there are certain strategies the City can
employ to help address those concerns while retaining the overall vision of the future Town
Center. However, it is preferable to be clear in adopting the Comprehensive Plan land use
designations and Town Center zoning as proposed.
One reason for moving forward as planned is so that the new land use designations can be used
to update ridership estimates for the proposed LRT alignment for this area. The Draft
Environmental Impact Statement(DEIS) for the Southwest LRT is just getting underway. It is
important that redevelopment expectations are considered in the ridership estimates so that
federal funding guidelines can be met and Eden Prairie's preferred alignment through the Town
Center business area is shown to be superior to the "trail alignment", which is already owned by
Hennepin County.
ANNOTATED AGENDA
DATE: August 22, 2008
TO: Mayor and City Council
FROM: Scott Neal, City Manager
RE: City Council Meeting for Tuesday, August 19, 2008 (CONTINUED)
FRIDAY,AUGUST 22, 2008 7:00 PM, COUNCIL CHAMBER
• RECONVENE THE AUGUST 19, 2008, CITY COUNCIL MEETING
• CLERK'S LICENSE LIST
MOTION: Move to approve the clerk's license list.
• SECOND READING OF ORDINANCE AMENDING CODE SECTION 6.20
RELATING TO PARADES, RACES AND PUBLIC ASSEMBLIES
Move to:
• Approve second reading of an ordinance amending City Code Chapter 6,
Section 6.20 relating to parades, races and public assemblies and adopting
by reference City Code Chapter 1 and section 6.99 which among other
things contain penalty provisions; and
• Adopt Resolution approving Summary publication.
• ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.