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City Council - 02/03/2009
AGENDA CITY COUNCIL WORKSHOP WITH THE FLYING CLOUD AIRPORT ADVISORY COMMISSION & OPEN PODIUM TUESDAY .FEBRUARY 3, 2009 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, Ron Case, 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 FLYING CLOUD AIRPORT ADVISORY COMMISSION: Richard King - Chair, Jeffrey Larsen - Vice-Chair, Judy Gentry, Joe Harris, Greg McKewan, Mark Michelson, Kurt Schendel, Scott Kipp - Staff Liaison Heritage Room II 1.2008 ACCOMPLISHMENTS (Rick King - Chair) 5:30-5:40 A.For Citizens B.For Airport Users C.For City Council II.2009 WORK PLAN (Jeff Larsen - Vice Chair) 5:40-5:50 III.2009 MANAGEMENT AUDIT OF THE FINAL AGREEMENT BETWEEN MAC AND THE CITY OF EDEN PRAIRIE (Scott Kipp - Staff Liaison) 5:50-6:00 IV.THANKS TO COMMISSIONERS AND STAFF (Rick King) 6:00-6:05 V.DISCUSSION (All) 6:05-6:25 Council Chamber II.OPEN PODIUM III.ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,FEBRUARY 3, 2009 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL :Mayor Phil Young ,Council Members Brad Aho, Jon Duckstad, Kathy Nelson, and Ron Case CITY STAFF: City Manager Scott Neal ,Parks &Recreation Director Jay Lotthammer ,Public Works Director Eugene Dietz ,City Planner Michael Franzen, Community Development Director Janet Jeremiah ,City Attorney Ric Rosow and Council Recorder Jan Curielli 1.ROLL CALL / CALL THE MEETING TO ORDER II.COLOR GUARD /PLEDGE OF ALLEGIANCE III.COUNCIL FORUM INVITATION IV.PROCLAMATIONS /PRESENTATIONS V.APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI.MINUTES A.COUNCIL WORKSHOP HELD TUESDAY,JANUARY 20, 2009 B.CITY COUNCIL MEETING HELD TUESDAY, JANUARY 20, 2009 VII.REPORTS OF ADVISORY BOARDS &COMMISSIONS A.FLYING CLOUD AIRPORT ADVISORY COMMISSION VIII .CONSENT CALENDAR A.CLERK 'S LICENSE LIST B.APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR FLYING CLOUD TRAIL IMPROVEMENTS, I.C. 09-5749 C.ACCEPT THE MAJOR CENTER AREA STREETSCAPE MASTER PLAN REPORT SUBJECT TO FURTHER CONSIDERATION IX.PUBLIC HEARINGS / MEETINGS A.FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO HOME BASED BUSINESSES X.PAYMENT OF CLAIMS XI.ORDINANCES AND RESOLUTIONS CITY COUNCIL AGENDA February 3, 2009 Page 2 XII.PETITIONS, REQUESTS AND COMMUNICATIONS XIII .APPOINTMENTS XIV.REPORTS A.REPORTS OF COUNCILMEMBERS B.REPORT OF CITY MANAGER C.REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D.REPORT OF PARKS AND RECREATION DIRECTOR 1.Red Rock Lake Property Update E.REPORT OF PUBLIC WORKS DIRECTOR F.REPORT OF POLICE CHIEF G.REPORT OF FIRE CHIEF H.REPORT OF CITY ATTORNEY XV.OTHER BUSINESS XVI.ADJOURNMENT ANNOTATED AGENDA DATE:January 30, 2009 TO:Mayor and City Council FROM :Scott Neal, City Manager RE:City Council Meeting for Tuesday, February 3, 2009 TUESDAY, FEBRUARY 3, 2009 7:00 PM,COUNCIL CHAMBER 1.ROLL CALL / CALL THE MEETING TO ORDER II.COLOR GUARD / PLEDGE OF ALLEGIANCE 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 VI.MINUTES MOTION :Move to approve the following City Council minutes: A.COUNCIL WORKSHOP HELD TUESDAY, JANUARY 20, 2009 B.CITY COUNCIL MEETING HELD TUESDAY, JANUARY 20, 2009 VII.REPORTS OF ADVISORY BOARDS &COMMISSIONS A.FLYING CLOUD AIRPORT ADVISORY COMMISSION Synopsis :The Annual Report addresses activities of the Commission in 2008 which focused on education and information about Flying Cloud Airport to various constituent groups, to increase visibility of and communications from the Commission, and to continue to monitor the Final Agreement. The Commission proposes similar goals for 2009, in addition to working to reduce nighttime noise and work with the City and MAC to improve the appearance of the airport. ANNOTATED AGENDA February 3, 2009 Page 2 MOTION :Move to receive the Flying Cloud Airport Advisory Commission 200 Report and Approve its 2009 Goals and Work Plan. VIII.CONSENT CALENDAR MOTION :Move approval of items A-C on the Consent Calendar. A.CLERK'S LICENSE LIST B.APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR FLYING CLOUD TRAIL IMPROVEMENTS, I.C. 09-5749 C.ACCEPT THE MAJOR CENTER AREA STREETSCAPE MASTER PLAN REPORT SUBJECT TO FURTHER CONSIDERATION IX.PUBLIC HEARINGS / MEETINGS A.FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO HOME BASED BUSINESSES Official notice of this public hearing was published in the January 22, 2009,Eden Prairie News and send to property owners. Synopsis :There are policies in the 2008 Guide Plan Update relating to business growth and reducing peak hour demand on roads. One way to help the City move forward in these areas is to revisit the City's current rules on home occupations. The home occupation ordinance (home based business) should be revisited for the following reasons. 1.To help reduce the energy consumed going to and from work and reduce the number of cars on the roads especially during peak hours by allowing people to work from home. 2.To help create and /or grow new businesses. 3.To determine if the current rules minimize disruptive effects in a residential setting. 4.To provide the homeowner with the clearest information so an informed decision can be made prior to starting a business. MOTION :Move to: •Close the Public Hearing; and •Approve 1st Reading of the Ordinance amending City Code Chapter 11 relating to Home Based Busineses. ANNOTATED AGENDA February 3, 2009 Page 3 X.PAYMENT OF CLAIMS MOTION :Move approval of the Payment of Claims as submitted (Roll Call Vote). XI.ORDINANCES AND RESOLUTIONS XII.PETITIONS ,REQUESTS AND COMMUNICATIONS XIII .APPOINTMENTS XIV.REPORTS A.REPORTS OF COUNCILMEMBERS B.REPORT OF CITY MANAGER C.REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D.REPORT OF PARKS AND RECREATION DIRECTOR 1.Red Rock Lake Property Update This is an informational item. No action is requested. Synopsis :At the January 20, 2009 council meeting, staff was directed to relook at the issue of selling parkland adjacent to Red Rock Lake. This item had previously been discussed with the City Council at the April 18, 2006 City Council Meeting. As a result of this meeting, a letter was sent from Mayor Nancy Tyra-Lukens (see attached). In recent discussions and correspondence with City Attorney Ric Rosow, he confirms that a City does not have the authority to deed the property to adjacent property owners. Further, even if the park property was vacated, through Minn. Stat. Section 505.14 or 412.85 1, title to the vacated property would vest in the original dedicators not the adjacent property owners. Because the Red Rock Lake park property is adjacent to the lake, an additional step would need to be initiated with the Commissioner of the Department of Natural Resources. It is likely that the DNR would object to this action due to the current buffer value of the land adjacent to the lake. Staff recommends maintaining the property as parkland and taking no additional action. E.REPORT OF PUBLIC WORKS DIRECTOR F.REPORT OF POLICE CHIEF G.REPORT OF FIRE CHIEF ANNOTATED AGENDA February 3, 2009 Page 4 H.REPORT OF CITY ATTORNEY XV.OTHER BUSINESS XVI.ADJOURNMENT MOTION :Move to adjourn the City Council meeting. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, JANUARY 20, 2009 ITEM NO.: VI.A. 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, Ron Case, 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 GUESTS: Representative Jennifer Loon, Representative Maria Ruud, Senator David Hann Heritage Room II 1.MEETING WITH EDEN PRAIRIE'S STATE LEGISLATIVE DELEGATION Senator Hann said the current fiscal climate is unprecedented. The State's budget shortfall is likely to be closer to $6 billion than the original estimate of $5 billion. He said he does not have specifics on budget cuts yet, but he did ask for City input on priorities. City Manager Scott Neal presented a PowerPoint on Municipal Legislative Commission(MLC) policy priorities for 2009. Key MLC legislative initiatives for 2009 are to support economic development though transportation infrastructure and to protect and reform the Market Value Homestead Credit Program (MVHC). MLC is also requesting an independent study of the fiscal disparities program. Hann said he also supports a study of fiscal disparities. Council Member Case asked about the possibility of the State bonding to match federal funds for infrastructure.Hann said he thinks this would be possible under certain circumstances.Neal said the 494/169 intersection is among expansion projects being considered for federal economic stimulus funds. Council Member Nelson said she is a member of the Southwest Light Rail Transit PAC. She said getting the Central Corridor LRT funded is necessary before the SW LRT can move forward. Neal said Eden Prairie did not receive the second half of its MVHC payment (about $250,000 )from the State in 2008, due to the Governor's unallotment program. Rep. Loon joined the meeting at 5:45. She said she has been on the job for 13 days. She has been appointed to the Tax Committee, Environmental Committee and Crime Victims Committee. She said legislators are open to looking at everything this year. Ideas about streamlining and simplifying will be particularly important. City Council Workshop Minutes January 20, 2009 Page 2 Chief Esbensen said funding for the Fire Safety Account is a priority for 2009. He said they lost $2 million in funding last year. Reducing liability limits on older fire rescue vehicles would allow smaller Minnesota communities to buy used vehicles from larger communities like Eden Prairie. City Clerk Kathleen Porta said city and county election officials and staff from the League of Minnesota Cities are working with the Secretary of State's office on proposals to improve the election process in Minnesota .Proposed changes include early voting, changes in witness requirements for pre-registered voters, streamlining of voter registration ,and changes in recount procedures. Rep. Ruud joined the meeting at 6:00 p.m. Ruud said she currently serves on the Health and Human Services Committee, Licensing Committee, Tax Committee, and Ways and Means Committee. She said there is no question that there will be budget cuts this year, it is a matter of how blunt the cuts will be. She said this is the year for reform. She expects maintenance of effort requirements will be examined as part of the budget process. Council Chamber II.OPEN PODIUM III.ADJOURNMENT UNAPPROVED MINUTES ITEM NO.: VI.B. EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JANUARY 20, 2009 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal ,Parks & Recreation Director Jay Lotthammer ,Public Works Director Eugene Dietz ,City Attorney Ric Rosow and Council Recorder Jan Curielli 1.ROLL CALL / CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:10 PM after the HRA meeting was adjourned. All Council Members were present. Mayor Young commented on the orderly transition of power at today's inauguration event. On behalf of the City Council, he thanked President Bush for his service and gave his best wishes to President Obama. II.COLOR GUARD / PLEDGE OF ALLEGIANCE III.COUNCIL FORUM INVITATION IV.APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1. MOTION: Duckstad moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. V.PROCLAMATIONS / PRESENTATIONS A.DR. MARTIN LUTHER KING, JR. PROCLAMATION Mayor Young read a proclamation proclaiming 2009 as a year to celebrate human rights and diversity. Cari Maguire, Chair of the Human Rights & Diversity Commission, was present for the reading of the proclamation. Ms Maguire said there will be two events in the City of Eden Prairie in celebration of Black History month and both of them are productions of the Mixed Blood Theatre. She invited Council Members to attend the two events scheduled for February 7 and February 22 at the Eden Prairie United Methodist Church. VI.MINUTES A.COUNCIL WORKSHOP HELD TUESDAY, JANUARY 6, 2009 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Council Workshop held Tuesday, January 6, 2009, as published.Motion carried. CITY COUNCIL MINUTES January 20, 2009 Page 2 B.CITY COUNCIL MEETING HELD TUESDAY, JANUARY 6, 2009 MOTION: Duckstad moved,seconded by Case,to approve the minutes of the City Council Meeting held Tuesday, January 6, 2009,as published .Motion carried 5-0. VII.REPORTS OF ADVISORY BOARDS &COMMISSIONS VIII.CONSENT CALENDAR A.CLERK'S LICENSE LIST B.ADOPT RESOLUTION 2009 -12 EXTENDING CONDITIONAL USE AGREEMENT WITH HENNEPIN COUNTY FOR ELECTRONIC GEOGRAPHICAL DIGITIZED DATA C.RECEIVE THE 2008 LGPEA PAY EQUITY REPORT AND APPROVE SUBMITTAL OF THE REPORT TO THE STATE D.APPROVE AGREEMENT WITH HILDE INC. FOR ACTUARIAL SERVICES E.APPROVE RENEWAL OF AGREEMENT FOR TOWING SERVICES BETWEEN THE CITY AND MATT 'S AUTO SERVICE FOR 2009 F.APPROVE THE JOINT POWERS AGREEMENT FOR THE TYPE 3 ALL HAZARD INCIDENT MANAGEMENT TEAM G.ADOPT RESOLUTION 2009-13 AUTHORIZING THE DISPOSAL OF ONE PARCEL OF TAX FORFEITED LAND BY HENNEPIN COUNTY H.ADOPT RESOLUTION 2009 -14 AMENDING RESOLUTION 2009-07 DESIGNATING OFFICIAL MEETING DATES, TIMES AND PLACE FOR CITY BOARDS AND COMMISSIONS 1.ADOPT RESOLUTION 2009-15 RELATING TO LEASE REVENUE REFUNDING BONDS (CITY HALL AND COMMUNITY CENTER PROJECTS ),SERIES 2009A OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA; AUTHORIZING EXECUTION AND DELIVERY OF A LEASE PURCHASE AGREEMENT MOTION: Duckstad moved ,seconded by Aho,to approve Items A-I on the Consent Calendar. Motion carried 5-0. IX.PUBLIC HEARINGS /MEETINGS X.PAYMENT OF CLAIMS MOTION: Case moved ,seconded by Duckstad, to approve the Payment of Claims as CITY COUNCIL MINUTES January 20, 2009 Page 3 submitted. Nelson said she would like to have staff look into including a short explanation of some items that may be over $500,000-600,000. She thought a sentence or two of explanation would be nice to have for some of the rather large amounts of money that come through the Payment of Claims. Young asked if she would establish a dollar threshold. Nelson thought certainly anything over $500,000, and perhaps less. Case asked if this might not be better talked about briefly at a workshop meeting. He still has concerns about inflated numbers in the Payment of Claims because of the inclusion of liquor money ins and outs. Young asked if staff could schedule that. Neal said he would. Nelson said that would meet her needs. Young thought we could discuss it and find out about the limitations of the software. VOTE ON THE MOTION:Motion was approved on a roll call vote, with Aho, Case, Duckstad ,Nelson and Young voting "aye." XI.ORDINANCES AND RESOLUTIONS XII.PETITIONS, REQUESTS AND COMMUNICATIONS XIII.APPOINTMENTS A.SOUTHWEST LIGHT RAIL TRANSIT POLICY ADVISORY COMMITTEE Neal said staff thought we had Council Member Nelson duly appointed to this committee, but we did not include it last time. He said Council Member Nelson served as the representative to the Southwest Light Rail Transit Policy Advisory Committee in 2008. Community Development Director Janet Jeremiah served as the alternate. The requested action reaffirms their ongoing appointments as representative and alternate to the SWLRT PAC. MOTION: Duckstad moved, seconded by Aho, to reappoint Council Member Nelson as the City of Eden Prairie's representative and Community Development Director Janet Jeremiah as the alternate to the Southwest Light Rail Transit Policy Advisory Committee for 2009.Motion carried 5-0. XIV.REPORTS A.REPORTS OF COUNCILMEMBERS 1.Discussion Re2ardin2 Issues Raised During Campaign - Case Case said at the last meeting he suggested Mr. Aho and he get together to discuss issues raised during the campaign. The two of them have not yet been able to get together, and he wondered if the Council might be comfortable with having staff look into the 10-12 lots on the northeast side CITY COUNCIL MINUTES January 20, 2009 Page 4 of Red Rock Lake which was one of the key issues he brought up last time. He thought staff might be able to spend some time on those lots without spending a lot of time on other outlots around the City. Young asked to what end. Case said to determine if it makes sense to sell the area of trail easement to the property owners, possibly with deed restrictions, or if that is not something we should be dealing with now. Young said he remembered the prior Council discussion, and he recalled Mr. Lambert had very strong feelings that the sale of open space would set a precedent. He was okay with staff taking a look at it and running it through the Park and Recreation Commission, but he thought it may be a slippery slope. Case said it may be an issue that we don't want to do; however, it is not typical open space and involves land that was set aside in a development deal 30 years ago that was never finalized. He thought if we sold it we would have to restrict it carefully to avoid the issue of the slippery slope, but he would like to see us address it because of the number of residents who approached him on the issue. Neal said staff could do an archival search to see what we have produced for previous Councils, and then Council Members can decide how they would like to have staff proceed. He thought staff could have the information ready sometime in February. B.REPORT OF CITY MANAGER 1.Camp Eden Wood Update Neal said at the last meeting Council Member Case suggested he would like to have an update on Camp Eden Wood. He said Kevin Schmieg, our building inspector, is the point man for the project and he will give the update. Kevin Schmieg said the greater part of the work was intended to be done in the spring of 2008, but the State Historical Society found the plans were not in compliance. At this point they have not had a final inspection, but they did receive a temporary certificate of occupancy. Staff worked with Friendship Ventures and they addressed those concerns at the end of August. The City issued the grading permit, and the grading took place in the fall of 2008. They also paved some of the trails, put in faux piers, and put in a landing and stairway on the south side of the building. He said the grading looked pretty good and they had repaired a lot of the issues. Staff Liaison John Gertz had some concerns regarding an ADA landing, the faux pier construction and placement, and a bridge damaged at the time of some paving. Mr. Schmieg said he had some concerns with the deck. CITY COUNCIL MINUTES January 20, 2009 Page 5 Schmieg said the contractor who did the grading on the site assured Mr. Schmieg he would correct any deficiencies from the plan. The contractor also offered to go out with a field inspector and Mr. Gertz to develop a punch list of items to be completed. They would then get back to us with a time frame to address the concerns. Aho asked if most of the issues are pretty minor and do not involve a lot of monetary issues. Schmieg said the code issues are not big. We cannot speak for the State Historical Society office and the state architect, and they are the ones that ultimately approve it. He said the issues on the interior regarding ADA grab bars and the stairways can be easily corrected. Case said even though the City can't address some of the historical preservation pieces, the State Historic Preservation Officer (SHIPO) could pull the grant. He asked what our leverage is in this situation. Schmieg said he thought the biggest question is whether it stays on the historical register if they find non-compliance. Neal said that is the heart of the matter. This is a City-owned facility, but the projects have been coordinated under Friendship Ventures. We have a good relationship with them and have worked closely with them on these kinds of issues. There is a lease agreement in place between the City and Friendship Ventures, and there are provisions in the agreement we would use to mediate any issues between the two parties. Case said he didn't think it ever has to be a situation of children's disabilities versus history because he thought it should be both. He thought it has to be all of us working together. He is optimistic and just wanted to make sure we are all on the same page. Duckstad thanked Mr. Schmieg for the report and asked if he felt the project is doable at this point and that it can be worked to completion. Mr. Schmieg said it is critical to work with Friendship Ventures on a timeline for this. Nelson asked if it would be helpful if Council Members state we would like this to be handled in a timely manner. Schmieg said some of the exterior items may be weather limited, but a lot of the work could be done inside. If the items aren't corrected by the time the children come into the camp, they won't be completed until fall. Young said when he read the recap in the Eden Prairie News he was left with the impression that something was really remiss there, and that is the wrong conclusion. He said construction is a process, and we are talking about a site where most of the construction is being done by volunteer labor. From the City's point of view Friendship Ventures has a development plan. They have to pull a permit and have to meet our standards. He thought things will get fixed if they are wrong. Things get done a little differently in construction, particularly with volunteer help, but issues do get fixed. He CITY COUNCIL MINUTES January 20, 2009 Page 6 fully expected staff to deal cooperatively with Friendship Ventures and SHIPO so that we will end up with a wonderful facility. He thought everybody will work cooperatively on issues such as whether to have a five or a six foot path, and Friendship Ventures will complete the plan that the City has approved. Schmieg said the issue regarding the trail was that we approved a six-foot path with no shoulders versus a five-foot path with shoulders. The grading has all been restored to the original grade, and the rip-rap has been removed. Young said he has not heard anything that would lead him to believe a Council action is necessary on this. Schmieg said staff will work with them and will continue to monitor the project. 2.2009 Council Planning Session Neal said the Council has had a custom of having a planning session early in each calendar year to map out what we would like to accomplish for the upcoming year. This year we have been waiting to hear from the consulting firm who has just completed the 2008 Quality of Life survey. We have the preliminary information from them and would like to use that as part of the basis for the planning session . It will be particularly important because this is a budget year. He said there are a couple of options, both on a Friday evening: January 30 or February 6. He noted all five Council Members would need to participate. Duckstad asked what the time would be. Neal replied it would probably be after work. He said he will follow up with all Council Members tomorrow. 3.Metro Cities Membership Neal said the City's membership in the Metro Cities (Association of Metropolitan Municipalities) organization was brought to the Council's attention at the last meeting. Staff had begun to identify potential areas of cost savings in our 2009 budget, and this was one of the items identified. He noted we would save about $12,000 per year if we did not belong to the organization. He said withdrawing from the organization would require Council action, and noted there was no advocate for continuing membership in this organization among the City department heads. Nelson said she was in favor of pulling out of the group because she thought two such organizations would be enough to participate in. The other Council Members agreed with her. MOTION: Duckstad moved, seconded by Nelson, to withdraw from membership in the Metro Cities organization.Motion carried 5-0. CITY COUNCIL MINUTES January 20, 2009 Page 7 C.REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D.REPORT OF PARKS AND RECREATION DIRECTOR E.REPORT OF PUBLIC WORKS DIRECTOR 1.LED Street Light Update Dietz said at Council Member Nelson's request there are some reports on this in the Council packets. He said the Council has approved a Major Center Area (MCA) streetscape master plan and the lighting fixtures in that plan are not available in LED. The consultant for the Suburban Rate Authority street lighting initiative said LED is more available now, but it not completely there yet. He noted that residents in Brooklyn Park are not too impressed with the LED lighting there, probably because of the spacing of the light poles. He said he included a copy of a research paper done by the Rensselaer Polytechnic Institute regarding induction lighting which they say will probably be the most viable thing in the future. Induction lighting uses round bulbs like fluorescent bulbs, but with a tip at the end that contains the hazardous waste. When the bulb fails, the tip can be removed and put in the hazardous waste, and the rest of the bulb is trash. He thought we will be able to retrofit these bulbs into other fixtures in the future. Dietz said he would recommend that we don't have time to insure we have LED or induction for the first phase and there is a lot of interest in moving ahead on the project. He thought we could probably retrofit later. Staff will talk to the induction lighting people and see if they can fit it into the housing we have selected. He will meet with Joe Brady, a local resident who has hooked up with McKinstry, in a week or so. He noted the Rensselaer report said LED's will probably be available in more styles and at better prices within three years, but we aren't quite there yet. Nelson thanked Mr. Dietz for the complete report. She thought the induction lighting is a very interesting possibility. If we find out we can get something of similar style and do it in a much more energy efficient manner, we should consider that. We should take a good look at that and try to do what is possible now while leaving it as flexible as possible for the future. Her main objection to the report was that it said the lighting wouldn't be energy efficient and we weren't going to look into it. We are now going a step further to say we are actively looking at it. She was also glad we are continuing to work with McKinstry on this. Dietz noted the pole and wire will be a valuable asset no matter what we do about the fixtures.Because most of the rest of the streetscape projects have been postponed until 2012, we have some time on this. He noted we are spending upwards of $850,000 a year on street lighting in the City. The experiment in Brooklyn Park was conducted by Xcel Energy. The Suburban Rate Authority is involved in this, and they are interested in the lighting business. CITY COUNCIL MINUTES January 20, 2009 Page 8 Nelson thought it was good for all communities to be looking for the next level of technology in order to be environmentally sound and pay less for energy. Dietz said we expect to have some kind of final disposition before the Council is asked to award the first phase. Case said he understood the larger question of the fixtures but was also wondering about the possibility of using solar energy. Dietz replied Joe Brady is convinced that is the future, but it isn't there yet. When it becomes available, each pole would have its own source of solar power; however, it is a little cost prohibitive at this point. F.REPORT OF POLICE CHIEF G.REPORT OF FIRE CHIEF H.REPORT OF CITY ATTORNEY XV.OTHER BUSINESS XVI.ADJOURNMENT MOTION: Duckstad moved, seconded by Nelson, to adjourn the meeting.Motion carried 5 -0.Mayor Young adjourned the meeting at 7:50 PM. CITY COUNCIL AGENDA DATE: February 3, 2009 SECTION: R ep orts of Advisory Boards &Commissions DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: VII.A. Community Development/Planning Flying Cloud Airport AdvisoryJanet Jeremiah ,Scott Kipp Commission 2008 Report and 2009 Goals and Work Plan Requested Action Move to:Receive the Flying Cloud Airport Advisory Commission 2008 Report and Approve its 2009 Goals and Work Plan. Synopsis The Annual Report addresses activities of the Commission in 2008 which focused on education and information about Flying Cloud Airport to various constituent groups, to increase visibility of and communications from the Commission, and to continue to monitor the Final Agreement .The Commission proposes similar goals for 2009, in addition to working to reduce nighttime noise and work with the City and MAC to improve the appearance of the airport. Background Information The Flying Cloud Airport Advisory Commission will be meeting with the City Council at the February 3, 2009 City Council Workshop to present its 2008 Report and 2009 Goals and Work Plan. Some of the Commission's 2008 activities and areas of review included the following: •Public Meeting at the Hennepin Technical College to discuss the airport expansion. Over 220 residents attend. •Extension of runway 1 OL/28R from 3,600' to 3,900'. •2008 Airport Security Report presented to the City Council. •Meeting with FAA and MAC to continue to address nighttime noise concerns. •MAC, at its own cost, to add Flying Cloud Airport to its Multilateration Project to improve the quality of flight track data, ensure better data integrity, availability, and reliability and to ensure more timely and accurate reporting. •Input on the Comprehensive Plan Update regarding aviation and discussions on the proposal for an airport zoning district. •New Security fencing completed along Pioneer Trail. •Extension of municipal sewer and water along Pioneer Trail to serve fixed base operators and other tenants. •Continued improvements to the City's website on Flying Cloud Airport. •Guest speakers to the Commission including Laura Neuman - Zero Expansion, Warren McVey - FCM Tower Manager, Glen Orcutt - FAA, Mark Starkey - TSA Inspector, and MAC Commissioner Molly Sigel. Attachments •2008 Report and 2009 Goals and Work Plan Flying Cloud Airport Advisory Commission 2008 Report and 2009 Goals and Work Plan Charter The Commission was chartered in 2006 by the City Council to "advise the City Council and the Metropolitan Airports Commission with regard to matters affecting the operation of Flying Cloud Airport." The City Council charged the Commission with the following roles and responsibilities: A.Advise the Council and the Metropolitan Airports Commission with regard to matters affecting the operation of the Flying Cloud Airport,including :the classification of the airport under federal and state law ;rules and regulations of federal and state agencies governing the operation of the Airport;the ongoing monitoring and implementation of the Final Agreement Concerning Flying Cloud Airport and MAC Ordinance 51 between the City of Eden Prairie,Minnesota and Metropolitan Airports Commission,dated December 2002 (Final Agreement );other noise abatement methods to reduce the impact of aircraft noise on the community ;and such other matters as the City Council may direct from time to time. B.Cooperate with the Metropolitan Airports Commission Staff in reviewing for the benefit of the Council matters affecting the use and control of the Flying Cloud Airport , including the Final Agreement ,and shall make its recommendations to the Council and the Metropolitan Airports Commission upon request with regard to any proposal affecting the use or operation of Flying Cloud Airport. 2008 Accomplishments The Commission's approved goals for 2008 were threefold: To continue our focus on providing education and information about Flying Cloud Airport to various constituent groups, to increase visibility of and communications from the Commission, and continue to monitor the Final Agreement. The Commission had a very active 2008 .The Commission held its normal six meetings as well as two special events .The first was a Public Meeting ,held June 12th at the Hennepin Technical College to discuss the upcoming airport expansion. Over 220 residents attended to get the facts about the expansion .The second was an extended meeting in July where the Commission toured the airport, met many of its business leaders and toured the tower operation .The Commissioners believe in taking the time to fully understand the range of issues facing the airport from all the various angles. The Commission strongly believes in its mission and is working hard on behalf of the City Council to educate itself to maximize its value to the City Council and city residents. Education and Information Two long-term projects began in 2008. First, the MAC -funded sewer and water project, bringing these services to the businesses on the north end of the airport property along Pioneer Trail was finished.This project brings increased safety and security to the airport and is the one project the Fire Department really wanted. The FAA approved the Record of Decision (ROD) on the Final Environmental Impact Statement for the Flying Cloud Airport Expansion in May .FAA approval of the ROD indicates that the project and February 2009 Page 1 Flying Cloud Airport Advisory Commission 2008 Report and 2009 Goals and Work Plan required mitigation are approved and eligible for federal funding, and that MAC is authorized to proceed with the project .With this approval ,work began and was completed on the first phase of the plan, which extended runway 10L/28R to 3900 '.Ground breaking was August 5th. Phase 2 of the project begins next spring and will extend 10R /28L to 5000 '.The extensions of both runways will improve safety margins for current and future operators ,and allow greater efficiency through increased fuel and passenger loads. During the year, the City Council directed the Commission to prepare reports or take action on two areas impacting the City. These were airfield security and nighttime noise. In the case of airfield security , the Commission was asked to update its report from the previous year to determine if security at the airport had continued to improve. Once again, the Commission dedicated a meeting to the topic and invited all the experts to determine the status.Attending were the FAA, TSA, Dept of Homeland Security, numerous MAC staff and the City chiefs of Police and Fire.The Commission found, as reported to the Council, the airport continues to be among the leaders in general aviation security. So much so that the Commission recommended to the Council security updates take place every other year going forward. Council accepted the report and recommendation. MAC and outside governmental parties continue to be impressed by the attention and cooperation concerning security that has been exercised by the City and its Police and Fire Departments.All report that the actions taken last year, including adding 16 new high intensity lights, replacing older lights, adding / replacing 250 signs and updating the security manual, have been effective. In the case of nighttime noise ,Mayor Young requested the Commission meet with the FAA and MAC to determine what could be done to reduce the impact of nighttime noise on residents. February 2009 Page 2 Flying Cloud Airport Advisory Commission 2008 Report and 2009 Goals and Work Plan Meetings were held with FAA officials and MAC officials to discuss options .The following was determined. FAA cannot make the curfew mandatory but offered to cooperate and support actions that they could to reduce noise. City to ask the FAA to have MSP air traffic control approach/departure (TRACON)to give turbo props a southbound heading ,just like they do for jets departing under IFR rules, when departing Flying Cloud. MAC to ask the FAA to have the Flying Cloud tower add a noise abatement and voluntary restriction notice to its outgoing Automated Terminal Information Service (ATIS) message. MAC got the Airport Facility Directory to add to its language about FCM ,to include details about the voluntary nighttime curfew and noise abatement procedures. MINNESOTA .159 FLYING CLOUD (FCM)11 SW UTC-6(-SDT)N4449.63 ' W93 27.43' 906 8 S4 FUEL 100; 1ObLL, JET A OX 3, 4 TPA-1906(1000) RWY TOR-28L H3909X75 (ASPH)S-30 HIRL RWY 10R:MALSR. VASI(V4L)--GA 3.0° TCH.41'. Rgt tfc. RWY28L REIL. VASI(V4L)-GA 3.0° TCH 45'.Thid dsplcd 200'. Bldg. RWY IeL-28R .H3599X75 (ASPH)S-12.5 MIRL RWY 28R:Road. Rgt tfc. RWY18-38:H2691X75-(ASPH)S-12.5 MIRL - RWY IS :REIL. VASI(V4L)-GA 3.0° TCH 371. Tree. RWY 36: REIL, VASI(V4L)--GA 3.0' TCH 31'. Road. AIRPORT'REMARKS:Attended '1300-0400Zt. Self serve fuel available 24 hrs'R+Ny 1OL-28R CLOSED when twrclsd. Arpt CLOSED to jets not r Meeting FAR 36, jet training and acft weighting more'than 60,000lbs gross weight .Maintenance run-ups are prohibited between 0400 -130OZt.Ultralight cps prohibited .Deer and waterfowl on andinvof arpt. When ATCT cisd snow removal operators monitor 118.1.1Twy10R and Rwy 28R rgt tfc during twr hrs only. For noise abatement procedures call 612-725-6327. TWIN CITIES t-121, 14H, A LAP. AD Aircraft pleasesfollow voluntary noise abatement procedures as T=TAY published andRwy TOR-281; is the preferred noise abatement runway. When.twr clsd ACTIVATE MIRL Rwy 18-36 and HIRL Rwy ].OR-28L, MALSR Rwy bOR, REIL Rory 28L and Rwy 18 and 36, MIRL Rwy 1OL-28R activated only when Rwy- IOR-28L CLOSED. VAST Rwys TOR, 28L, 18 and 36-118.1. WEATHER DATA SOURCES :ASOS (952) 941-4156. COMMUNICATIONS: CTAF 118.1 ATIS 124.9 UNICOM 122.95 PRINCETON FSS (PNM )TF 1-800-WX-BRIEF.NOTAM FILE FCM - MINNEAPOLIS APP/DEP CON 134.7 MINIjEAPOUS CINC DEL 121.7 (When twr closed) TOWER 118.1 125.2 (Apr-Oct 1300-04OOZt;-Nov-Mar 1300-0300Z#)ONO CON 121.7 CLNC DEL 121.7 AIRSPACE CLASS D svc Apr-Oct 1300-0400Z4 Nov-Mar 1300-0300Zt other times CLASS E.- RADIO AIDS TO NAVIGATION :NOTAM FILE FCM. (L) VORWIDME 111.8 FCM Chan 55 N44°49:54' W93°27.41'at fid. 902/6E. ILS 109.7-f-FCM RWY 10R.GS unusable byd 5 degrees left of course.GS unmonitored 0300-1200Z1. COPTER ILS 109 .7 I-FCM Rwy SOR. - - - - -- - --- - - - -- - - - - - MAC and the Commission will conduct 1:1 meetings with Top 10 operators to discuss ideas about limiting nighttime noise. The Commission will assist MAC in studying whether to ask for the Tower to modify their 'hours by adding direct control from 5-7 am vs. 9-11 pm. o Note: North parallel is closed when the tower is closed. o Note:When South parallel is closed next year for construction, noise will change. February 2009 Page 3 Flying Cloud Airport Advisory Commission 2008 Report and 2009 Goals and Work Plan •The Commission implemented a public comment section as a standard part of its meeting agenda. Several residents attended the meetings and a few chose to speak. •Guest speakers at our meetings included o MAC Commissioner Molly Sigel o FAA manager Glen Orcutt o FCM Tower Chief Warren McVey o TSA Inspector Mark Starkey •MAC Capital Improvement Plans (CIP) for 2008-2014 o Sewer and water work on Pioneer Trail was completed by the MAC in 2008. The project cost approximately $3.8M. This improvement has already resulted in two new hangar redevelopment projects to begin on the north side of the airport. o The 300' extension to runway 10L/28R was completed in 2008. o The 1,100' extension to runway 10R/28L is scheduled for 2009. o The south area building projects are listed for 2010 and beyond. o The Commission will continue to monitor developments of these projects and inform the Council as warranted. We will continue to be an information conduit for the Council and citizens. •The Commission reviewed and commented on the City's Comprehensive Guide Plan. It also assisted the City Planning Department with developing Airport and Airport Safety zoning districts to address building material standards for new hangar construction, and to keep approach corridors clear of structures. •Zero Expansion (Laura Neuman and Vicki Pellar Price) addressed the Commission at its January meeting. This helped the Commission understand the views of another airport constituency. •The Commission monitored FAA planning for the Republican National Convention, which occurred the first week of September, in anticipation of increased aircraft activity at Flying Cloud. The airport did experience an increase in operations and some air cargo activity was temporarily shifted to Flying Cloud during the week. •Overall operations held flat year over year through October despite fuel prices. As prices have dropped, GA flights are expected to pick up. Corporate Aviation continues to be strong. Annual Flying Cloud Airport Traffic Count as reported by the Air Traffic Control Tower during Hours of Operation 0w ar Q 0 180.000 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 0 157,710 2005 2[1116 Year 0 118,178 2111!^ © 116,93 2008 February 2009 Page 4 Flying Cloud Airport Advisory Commission 2008 Report and 2009 Goals and Work Plan 20,000 18,000 16,000 14,000 12.000 10,000 8,000 6.000 4.000 2,000 0 Flying L"_loudAtrport Traffic t'otnt as Reporteclb i the Ait Traffic Control Towel during Hours of Opel ation -:OOAA3-10:OOPAfApril-SeL)tetnbei -.OOAA,1-9:00PAIC)ctobei -March ^Qa^ir Z^`,^{r x ^i`r A{y1 Communications Month n 2005 02006 n 200- q 200S Totil Opelations 2005 - 157,710 2006 - 144,178 2007 - 118,178 2008 - 116,936 •Commissioner Greg McKewan continued to work with the City Communications Department to make the City's Airport web site more effective as a tool to improve resident access to key data about the airfield.Many pages and data were added, as was a full video of the Public meeting held in June. The impact has been great as more information is available to residents. The most popular items viewed by residents are the flight tracks and the Commission's meeting schedule. Over 5500 hits have been made to the airport section of the City's web site in 2008. This is a 20% increase over 2007. Please visit the site. •We conducted our Third Annual 1:1 meeting with businesses based at the airport during our extended July meeting to highlight the eight businesses and their nearly 400 employees. This year's event included tours of the tower, Elliott Aviation, a privately owned T-Hanger, Modern Avionics, In Flight Training and a drive around the perimeter. •The Commission will continue to present information to the public to help citizens have a better understanding concerning the issues surrounding the airfield. •The Commission welcomed two student members for the first time.We welcome Michael Dennis and J.P. Maslyn. •MAC Commissioner Molly Sigel attended our September meeting to discuss the MAC system of airports, including Flying Cloud. This was her first appearance at an FCAAC meeting. •The MAC FCM Operator of the Year Award was presented to Executive Aviation at the Commission's November meeting by the FCAAC Chair. •Three of the seven Commission seats representing Eden Prairie residents ,Eden Prairie businesses and airfield business owners will be up for appointment in April 2009. The current incumbents of these seats are Mark Michelson, Vice Chair Jeff Larsen,and Kurt Schendel. February 2009 Page 5 Flying Cloud Airport Advisory Commission 2008 Report and 2009 Goals and Work Plan MAC adherence to the Final Agreement is on track •There has been an increasing number of noise complaints during the voluntary restriction period (10pm - 7am) o The Commission has succeeded in its education efforts as an increased exposure to noise reporting has caused more reports while the number of flights has not increased between these hours. Interestingly ,there has been a reduction of flights during the voluntary hours. o The Commission plans to add to its 2009 work plan an objective to work to reduce nighttime noise. •Since the inception of Ordinance 97, we have seen a decrease in the number of complaints in regard to nighttime maintenance run-ups .This is partly because of our continuing education efforts, but more or less the decrease in traffic. •Helicopter and other medical flights were among the largest violators but were reduced somewhat by the introduction of alternative arrival and departure paths. •All reported incidents were reviewed to the fullest extent possible. •All noise complaints sent by residents to MAC via telephone or the internet are recorded and researched as thoroughly as possible .MAC reacted appropriately to the complaints. The Commission reviews MAC's Noise Complaint Report at each of its meetings. •The City and the Commission ,along with the MAC are in the process of auditing the Final Agreement. •The MAC agreed ,at its own cost ,to add Flying Cloud Airport to its Multilateration Project. To improve the quality of flight track data, ensure better data integrity ,availability ,reliability and to ensure more timely and accurate reporting .This project was to be done only at MSP but thought the Commission 's good relationship with MAC ,MAC agreed to extend it to FCM. The project is part of the ANOMS or Airport Noise and Operations Monitoring System. Goals for 2009 The Commission proposes similar goals for 2009. We want to continue our focus on providing education and information about Flying Cloud Airport to various constituent groups, continue to increase visibility of and communications from the Commission, and continue to monitor the Final Agreement .We also want to add explicitly to our goals working to reduce nighttime noise and work with the city and MAC to improve the appearance of the airport. Staff Support The Commission has exceptionally good cooperation and support from the City Staff, especially its liaison ,Scott Kipp .His exceptional knowledge and advice has greatly benefited the Commission. The Commission would also like to thank Carol Pelzel ,our recorder, for her tireless work on our behalf .Thanks are also extended to the MAC and it 's regularly attending staff (Joe Harris, Scott Skramstad ,Chad Leqve ),all of whom have been extremely supportive of us as we conducted our business. Their responsiveness to our requests for flight maps and special graphics has added immeasurably to the Commission 's and the public 's understanding of flight operations and to the Commission's ability to fulfill its mission for the City Council. February 2009 Page 6 Flying Cloud Airport Advisory Commission 2008 Report and 2009 Goals and Work Plan The Commission anticipates a busy and highly productive 2009. Respectfully submitted, The Flying Cloud Airport Advisory Commission :Front: Joe Harris, Kurt Schendel, Judy Gentry, Scott Kipp (staff liaison ).Back: Jeff Larsen (vice chair), Greg McKewan, Rick King (chair), Mark Michelson.Student members :J. P. Maslyn and Michael Dennis. February 2009 Page 7 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 3, 2009 DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: VIII.A. Christy Weigel,Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Temporary Liquor Organization: Eden Prairie Lions Club Event: Taste of Eatin' Prairie Date: February 21, 2009 Place:MN Vikings Training Center 2009 Renewal Licenses Cigarette &Tobacco Redstone American Grill, Inc. DBA: Redstone American Grill Private Kennel Nancy Parker - dogs Debra Wegler - dogs Solid Waste Collector Blackowiak and Son Inc. Allied Waste 1 CITY COUNCIL AGENDA DATE: SECTION:Consent Calendar February 3, 2009 DEPARTMENT/DIVISION:ITEM DESCRIPTION: #09-5749 ITEM NO.: VIII.B. Randy Newton Approve Professional Services Public Works / Engineering Agreement with HTPO for the Design of the Flying Cloud Drive Trail Improvements Requested Action Move to:Approve Professional Services Agreement with HTPO for the Design of the Flying Cloud Drive Trail Improvements. Synopsis The Flying Cloud Drive Improvements include the construction of several missing trail segments on Flying Cloud Drive.The project will be funded through proceeds from the trail / sidewalk element of the Park Bond Referendum. Background Information The Flying Cloud Drive Trail improvements include the construction of new trail facilities in the following locations: •East side of Flying Cloud Drive between Singletree Lane and West 78th Street. •East side of Flying Cloud Drive between Anderson Lakes Parkway and the south end of Summit Place. •West side of Flying Cloud Drive between Prairie Center Drive and Technology Drive (excluding the segment between Regional Center Road and Singletree Lane which will be constructed as part of the Windsor Plaza development). Each of these trail segments completes a gap in the City's trail system and will significantly improve the walkability of the Flying Cloud Drive corridor. Early in the design process the cost and feasibility of each segment of the proposed trail will be re-evaluated. If it becomes necessary to reduce the scope of the project it is expected that priority will be given to the eastern segments of the trail, since construction of these trail elements will provide a continuous corridor from Anderson Lakes Parkway on the south to Valley View Road on the north. Financial Implications The Professional Services Agreement with HTPO has an estimated cost of $80,000.The preliminary total project cost estimate is $700,000. Proceeds from the trail / sidewalk element of the Park Bond Referendum are the intended source of funding for this project. At this time there is approximately $1.1 million remaining in this fund. Attachments •Professional Services Agreement •HTPO proposal Letter Rev. 10-28-2008 Standard Agreement for Professional Services This Agreement is made on the 3rd day of February, 2009, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen Thorp Pellinen Olson, Inc., a Minnesota corporation (hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344 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 the Flying Cloud Drive Trail Improvements hereinafter referred to as the "Work". The City and Consultant agree as follows: Scope of Work/Proposal.The Consultant agrees to provide the professional services shown in the attached proposal letter dated January 26, 2009 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 February 5, 2009 through December 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 basis plus expenses in a total amount not to exceed $80 ,000 for the services as described in Exhibit A. A.Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council.The City will not pay additional compensation for services that do not have prior written authorization. B.Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C.If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes ,riots ,fires ,acts of God ,governmental actions ,actions of a third party ,or actions or inactions of City,the time for performance shall be extended by a period of time lost by reason of the delay .Consultant will be entitled to payment for its reasonable additional charges ,if any ,due to the delay. 1 Rev. 10-28-2008 4.City Information .The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A.Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B.Consideration of the Consultant's Work. The City shall give thorough consideration to all reports,sketches,estimates,drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C.Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D.Owner's Representative .A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement .He or she shall have complete authority to transmit instructions, receive information ,interpret ,and define the City's policy and decisions with respect to the services provided or materials ,equipment, elements and systems pertinent to the work covered by this Agreement. 5.Method of Payment.The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A.Progress Payment.For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City.Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B.Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C.Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D.Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 2 Rev. 10-28-2008 6.Project Manager and Staffing.The Consultant has designated Laurie Johnson and Aaron Carroll to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7.Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8.Audit Disclosure .Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract.The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9.Termination .This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10.Subcontractor.The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City.The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11.Independent Consultant.At all times and for all purposes herein ,the Consultant is an independent contractor and not an employee of the City .No statement herein shall be construed so as to find the Consultant an employee of the City. 12.Non-Discrimination .During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age.The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment.The Consultant shall incorporate the foregoing requirements of this paragraph in all of its 3 Rev. 10-28-2008 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 4 Rev. 10 -28-2008 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),naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 11 85, or CG 20 10 10 01 and CG 20 37 10 01,or an endorsement (s) providing equivalent coverage to the Additional Insureds .ISO form CG 20 10 07 04,and later versions of said form,are not acceptable. g.If the Work to be performed is on an attached community ,there shall be no exclusion for attached or condominium projects. 5 Rev. 10-28-2008 h."Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. 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 evidence 6 Rev. 10 -28-2008 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 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 7 Rev. 10-28-2008 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 _L Engineering Surveying Landscape Architecture ianuanv 26, 2009 MTr_ Randy Newton Cite of Eden Prairie 8080 MIitchelI Road Eden Prairie ,MN 5544 Re: Flying Cloud Drive Trail Eden Prairie, \ IN Dear Randy, As requested. the following estimate for civil engineering and surveying services are provided for your consideration for approximately 2,900 linear feet of trail along the west side of Flying Cloud Drive from Technology Drive to Prairie Center Drive, 700 linear feet of trail along the east side of Flying Cloud Drive from West 78th Street to the Tall Entrance Drive, and 1,200 linear feet of trail along the east side of Flying Cloud Drive from Summit Place senior housing to Anderson Lakes Parkway. Estimate scope of yen ice $70,000.00 Construction Documents .Includes preliminan cost estimate for budgeting; compilation of existing conditions based on City L1DAR and GI5 data, utility locates, record drawings, boundary computations, and up to 4() hours for field verification; construction documents including plans, profiles, cross sections, specifications, and Stormwater Pollution Prevention Plan (SWPPP);engineers estimate ;permit applications to State, County, Watershed District, and PCA; and coordination of geotechnical and wetland consultants. 7510 Market Place Driv e Assumes that island modifications will be Eden Prairie ,MN 55344 required at several intersections ,and that 952-829-0700 minor storm sewer improvements will be 952-829-780: ax required between Summit Place senior www.htpo .ccm housing and Anderson Lakes Parkway. HANSEN THORP PELLINEN OLSON, INC. Newton/ Johnson January 26, 2009 Paget 59,000.00 Easement Documents. Includes preparation of legal descriptions and plan exhibits for temporary and permanent easements. Assumes easements will be required for 15 properties. S1,000A i.1 Reimbursables .$0,{0 .00 TOTAL The above fee includes an allowance for splitting the construction documents into two bid sets ,if necessary .Fees for bidding and construction phase services have not been included in the above estimates .We assume that the geotechnical and wetland consultants w ill be under a separate contract directly w ith the City,and that wetland disturbance will not be required. Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense ,and reimbursable expenses incurred (printing, courier , and ether out-of-house documents and fees ).We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office.We invoice our services monthly payable within 30 days. Thank you for this opportunity to provide our services. Sincerely, Hansen Thorp Pellinen Olson, Inc. J Laurie A. Johnson. P.E. Principal Engineering *Surveying HOURLY BUDGET &SCHEDULE S) L Landscape Architecture Project fly ing Cloud Drive'l'raiI 0 1 Client City of Eden Prairie Date 1/23/2009 job No. Proposed Fee 515,000 PHASE: 1[10 SURVEY Check/Supervision QC Review Field-boundary,utilities ,wetlands, misc. Research /Computation Draft - compilation 2 00 FEASIBILITY STAGE Pro- OIL d Fee Set up Project Files $3,400 Project Management ,Coordination Gathering Information (as-builts, plats, topo, etc) Inhouse kickoff meeting Order Field Work Private Utility Locations Preliminary Layout /Design Analyze Alternatives Quantities Check Quantities Cost Estimates (Preliminary) Cost Tabulation with Fees Meetings with Client Meetings with Neighbors Narrative Figures Assessment Roll Property Owner List Footage & Acreage Calculation Project Sched ule Public Hearing Notice PE Review QC Review HOURS BILLING RATE TOTALS TASK CATEGORY DATE 56 Crew 152 8,512 20 Surv 11 94 1,880 56 Tech 11 72 4,032 2 Surv lV 128 25h 2 Surv V 1-1191 278 1;illable'l'otall $14,958 1 Fng 1 2 77 1 EngV 139 139 4 En g I 77 308 4 l=.n ; 1/Fn V 108 432 l.n * I 77 0 l:rl 1 77 t] 8 I.n ; 1 77 blf^ l.n I r7 0 5 Fli g 77 616 4 _ I'ech IV 100 400 4 ,En g I 77 308 Frig 1 77 0 2 Frig I/Eng V 108 216 En g V 139 0 E'• n > I 74 0 [.:n, l 74 0 Fng1 74 0 l:n•l 74,U l irl•l 74 {] F n 1 74 0 F n T l 74 0 E n T l 74 0 2 Fn , V 1 ^g 278 Billable I otal l $3,390 250 CONSTRUCTION PLANS Prop 3sed Fee Project Management, Coordination 543,300 Order Soils Borings, wetland delineation Order Survey Work Contact Private Utilities Set up Sheet Network I forizontal Layout/Stationing Vertical Grade/Curves 8 Erg V 13y 1,112 4 E.ng l Tip 308 1 l:ng l i 7 4 Fog, I 77 308 fi(1 F=n I 4,b20 hl1 l n}; I 77 4,620 FlvingtlouJ q ri'eTrail.x1sx page 1 of 3 1/'_6/2U09 Cross Sections Typical Sections Storm Sewer Design Relocations /removals Intersection modifications Retaining walls Special Notes, Labeling Erosion Control/SWPPP Easements /Construction access Meetings with Client Cover Sheet Details Signing and Striping/Traffic Control Overall layout Sheet Statement of Est Quantity Sheet Coordination w/ County and State Coordination w/ adjacent properties PE Review/Supervision Field Check of Existing Conditions Send Plans to Private Utility Companies QC Review 60 Eng I 77 4,620 ] 6 Eng I 77 1,232 24 Eng I 77 1,848 24 En I 77 1,84-8 24,Eng E 77 1,848 24 En I 77 1,848 8 En 1 77 616 it,En I 77 1,232 8 En g I/Tech IL'88.5 708 4 f n, I/1,ns V 108,43? 8 Fn=1 77 616 24 E n I 77 1,848 24 En 1 7 1,848 16 Eng 1 1,232 16 En > I 77 1,232 8 Fin I/ E.ng V 108 864 8 En g I/En g V 108 864 30 Eng V 139 4,170 4 Iin I 77 308 4 Eng 1 irr 308 20 En III/Tech IV 105.5 2,1I0 Billable l 'tal 250 SPECIFICATIONS Proposed l ee Cover $5,900 Table of Contents Certification Ad for Bids Special Conditions Final Quantities Check Quantities Bid Summary and Signature Sheets Appendix (soil borings ,permit requirements, etc.) Typing Check Typing PE Review QC Review Printing & binding Check printed books 250 EASEMENTS Proposed Fee Descriptions $9,100 Sketches Check against Plans QC Review 250 PERMITS Prato- d tree Health Department Watermain Extension f $2,300 ["CA Sanitary Sewer Extension (cc:MCES) MMCES Sanitary Connection PC A Stormw ater $43,293 I I=.ng 1 77 77 I I=ng]77 77 Flag 1 77 0 4 E n; I 77 308 16 Fn g I I(-,E.n 1 77 1,2 32 8 Tech IV 100 SIX) E.n g 1 77 0 I En 1 77 7 4 Clerical 1 56 224 2 Eng E 77 154 8 En•V 19 1,112 2 1'ng IIl 111 222 4 Clerical I 56 724 2 1 Fn_; I i7 154 .ti 4 Surv IV Tech 11 Erg[ tiurv V Bi 1]able Total I $5,893 128 72 ".r7 13 14 Killable Total 4,864 2,736 .x05 1,112 $9,020 E•:ng 1 74 0 Fang I 74 0 F: n I 74 0 6 Fn,I 74 444 K E' n g I 74 597 FIving C Ioui !Drive Trait -xlsx pag e 2 of 3 1 /2h/ 21)(19 DNR Corp of Engineers State WetIand Act (1..GU) City Grading or Lti Iity Connection State County Williams pipeline 500 CONSTRUCTION ADMINISTRATION Prapo!.^ed Fee Bidders Questions 50I Billable Total I so 550 CONSTRUCTION OBSERVATION I'ruposed Fee Field $1] 600 CONSTRUCTION STAKING i'roposed Fee (railing and Retaining Walls $0I 700 CONSTRUCTION RFC'ORD I)RAWINGS/AS-BUILTS Proposed Fee Field - Utility Structures and Ponds $1]Draft Check/ Supervision Expenses &Reimbursabtes Addendums Bid Opening Prepare Bid Tabulation, Rec. Letter Prepare Contracts, Award Letter Preconstruction Meeting Watershed Notification Property Owner Notice/ Newsletter Pay Requests Change Orders Final Assessment Numbers Final Payment Recommendation Field Supervision1 Erosion Control/ Construction Fence Water Main Storm Sewer Sanitary Sewer Parking Lot/Curb BIueteps Office Coordination I E:n•f 7.1•0 Frig,1 74 0 f : rt = 1 74 [] I.'nr1 74 0 8 l : n , I 74 592 8 1:11g 1 74 592 f=.ng1 74 t) Billable Total 1 52,220 Eng 111 107 0 Eng H I 107 0 Eng 111 107 0 En g 111 107 0 E: n g Ill 1 07 0 En 111 107 0 En g 111 1 07 t1 EEng11I 107 0 Tech IV 96 0 En =I11 107 11 l:n,ll]107 0 Ierh IV ling 1 74 0 Tech IV 96 0 Billable T otal $0 Crew 147 0 Crew 147 0 Crew 147 0 crew'..147 0 Crew 147 i] Crew 147 t] Crew.147 0 TL'rh II 69 0 Crew 147 0 Eng I 74 0 Tech lV 96 0 I1illab]0 1 nt 1l $1.000 x80,000 Project Total Raw Total flvrngCloud Drive Trail.xlsx page 3 o1 3 1/26/2Of]a CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 3, 2009 DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.C. Community Development Major Center Area Streetscape Master Plan report Janet Jeremiah Requested Action Move to: Accept the Major Center Area Streetscape Master Plan report subject to further consideration of energy-efficient lighting. Synopsis The Major Center Area Streetscape Master Plan report provides recommendations for lighting, sidewalks, landscaping and pedestrian amenities for Singletree Lane, the Prairie Center Drive/Valley View loop road, and the future north-south "Main Street in the MCA Town Center. The report has been revised to better reflect the current status of LED lighting. Background Information Background In June, 2007, the City entered into a contract with SRF Consulting, Inc. to prepare a Streetscape Master Plan for up to three roadways in the Major Center Area. Ultimately, the roadways chosen were Singletree Lane, the future north-south "Main Street through the heart of the town center, and the Prairie Center Drive/Valley View "loop road . The contract included preparation of conceptual roadway alignments and typical street cross sections, selection of street and pedestrian lighting, identification of other streetscape elements such as accent paving, street furniture and kiosks, recommendations for public landscaping and parking lot edge treatments, preparation of two illustrative perspective drawings, cost estimating, description of a maintenance district, stakeholder meetings, and preparation of a summary document. All property owners within the Major Center Area were invited to attend one of two stakeholder meetings held in November, 2007.Conceptual plans and cost estimates were presented and comments from the property owner representatives were taken into consideration.A meeting with the Chamber of Commerce Government Committee was held in December, 2007 for additional input.A joint workshop with the Planning Commission and City Council was also held in December, 2007. The Planning Commission and City Council confirmed the general streetscape concepts. Some concerns were raised about the lack of detail in considering options for the power lines that generally align with the future north-south "Main Street . The Council directed staff to begin working with property owners along Prairie Center Drive from Highway 5 to Flying Cloud Drive on a potential Phase One project that could potentially be implemented in 2009.A stakeholder meeting with the Phase One property owners was held in late January, 2008 and comments were received. Changes After the December 2007 Workshop: Based upon comments from the Phase One property owners and discussions with Presbyterian Homes about their redevelopment phasing, staff recommended delaying the Prairie Center Drive Phase One project until 2012. This would not affect the timing of a streetscape project along Singletree Lane east of Eden Road in association with the Windsor Plaza/Bobby & Steve's redevelopment.The Planning Commission and staff also recommended initiating a more detailed study of options for the power lines .On March 4, 2008, the City Council agreed with the delay of the Phase One Prairie Center Drive project and also directed staff to seek a consultant to prepare a proposal for a more detailed study of options for the power lines. The power line proposal process has been completed. The Phase One Master Plan has been modified since the December workshop to show four story buildings in the power line cross sections in keeping with the proposed Town Center zoning for that area rather than the one-story buildings shown during the workshop. The Master Plan has also been modified to show more options for monuments and kiosks in keeping with comments received to ensure that the elements are timeless rather than trendy. Finally, the Master Plan has been modified to eliminate the requirement for fencing as part of the parking lot screening along the Prairie Center Drive/Valley View "loop road provided there is space for the Code-required landscape screening. This change is in keeping with comments received from the stakeholders. Public Works has worked with the consultants to ensure that the lighting spacing and photometrics are correct for Singletree Lane and Prairie Center Drive. Changes to the spacing are being incorporated into construction plans for Singletree Lane. Planning Commission Recommendation On June 9, 2008, the Planning Commission recommended 6-1 that the City Council accept the Major Center Area Streetscape Report subject to any additional changes from Public Works regarding the lighting.Other than the proposed changes regarding LED lighting (see below), Public Works has no additional changes to the report. Public Works continues to explore options for LED or other energy efficient lighting. Changes Since Planning Commission and the December 2008 City Council Consideration Since Planning Commission consideration, the report has been changed to include an executive summary and to note that Excel Energy would need to approve any changes to the power structures or to allow any buildings within the easement. Further design work indicates that the most likely solution for the power lines would be to leave them in place within a green median of the future north-south Main Street.The width of the roadway, including the median, would match the width of the existing utility easement. On December 18, 2008, the City Council considered the report and delayed action based upon concern with language in the report indicating that LED lighting has not proved more energy efficient.On January 20, 2009, the Public Works Director provided a report to the City Council demonstrating that LED lights are more energy efficient.Also,more aesthetic options are starting to become available. The report has been changed to better reflect the current status of LED lighting. Specifically, the report has been modified to state the following regarding LED: "LED lights were considered during the master planning process.At the time of this writing, LED lights are not readily available as an aesthetic downcast fixture, but should be considered in the future. Staff will continue to explore options for LED and other energy efficient lighting prior to implementing any streetscape projects. Effect of Council Action on the Report Accepting the final report indicates that the master planning consultant contract is complete. Future changes to the streetscape plans can be made as part of individual construction plans. Final material selections will be presented to the Planning Commission. Attachments Final MCA Streetscape Master Plan report dated January 27, 2009 (hard copy) CITY COUNCIL AGENDA DATE: SECTION: Public Hearings February 3, 2009 DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: IX.A. Community Development/Planning Home Based Business CodeJanet Jeremiah AmendmentsMichael D. Franzen Requested Action Move to: •Close the Public Hearing; and •Approve 1St Reading of the Ordinance amending City Code Chapter 11 relating to Home Based Busineses. Synopsis There are policies in the 2008 Guide Plan Update relating to business growth and reducing peak hour demand on roads. One way to help the City move forward in these areas is to revisit the City's current rules on home occupations. The home occupation ordinance (home based business) should be revisited for the following reasons. 1.To help reduce the energy consumed going to and from work and reduce the number of cars on the roads especially during peak hours by allowing people to work from home. 2.To help create and /or grow new businesses. 3.To determine if the current rules minimize disruptive effects in a residential setting. 4.To provide the homeowner with the clearest information so an informed decision can be made prior to starting a business. Background Information The first home occupation ordinance was adopted in 1956 and modified in 1969 and 1982. A home occupation is defined as "Any occupation or service that is clearly secondary to the main use of the premises as a dwelling and does not change the character thereof or have any exterior evidence of such secondary use A home occupation is regulated by performance standards including location, employees, alteration of structure, signs, noise, smoke, odor, motors, radio or television interference, size of vehicle, and traffic. There are problems associated with home occupations that could be minimize or eliminated through modified language or additional rules. Over the last ten years the most common problems in the City were retail sales ,parking, traffic, business operating in the garage, and outdoor storage of equipment. Last year there were twenty five inquires relating to starting a home occupation and six complaints. Allowing home based businesses is good for the local economy. However it is equally important to remember that the primary purpose for residential zoning is to enhance the residential quality of life and preserve it as a comfortable place for people who live there. The current version code relating to home occupations is 26 years old and reflects values and language suitable for that time period. There are complaints/enforcement issues that are challenging for staff. Updating language to be more precise and clear helps business and city staff. The City has two choices: 1.Continue to regulate home occupations as currently permitted by code. 2.Adopt the draft ordinance. Planning Commission Recommendation The Planning Commission first reviewed this item at the December 8, 2008 meeting and discussed whether the existing code was adequate or should it be modified as suggested by the staff. The commission directed staff to work with the City Attorney to prepare a draft ordinance for commission review. The Planning Commission voted 5-0 to recommend approval of the code change at the January 12, 2009 meeting. Attachments •Proposed Ordinance •PC Staff Report dated December 8, 2008 •PC Staff Report dated January 12, 2009 •PC Minutes dated December 8, 2008 •PC Minutes dated January 12, 2009 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO.-2009 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.2 RELATING TO DEFINITIONS, SECTION 11.65 RELATING TO OPERATION OF A HOME OCCUPATION; 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 .City Code, Chapter 11, Section 11.02, 27, entitled "Home Occupation is amended in its entirety as follows: 27.Home Based Business -Any occupation or service which is clearly secondary to the main use of the premises as a dwelling, and does not change the character thereof or have any exterior evidence of such secondary use. Section 2 .City Code,Chapter 11, Section 11.65, Subdivision 1 is renumbered as Subdivision 2 and the following subparagraphs A, C, E, H, and I of said subdivision as renumbered are amended and subparagraphs J, K, L, M and N are added as follows: Subparagraph A is amended in its entirety as follows: A home based business shall be conducted in a dwelling. No more than 25% of the dwelling may be devoted to home based business use. Home based businesses are not permitted within a detached accessory building or garage. Subparagraph C. is amended in its entirety as follows: The entrance to the space devoted to such home based business shall be within the dwelling. There shall be no separate entrance into the business area. There shall be no internal or external alterations, or construction features not typically found in a dwelling. Subparagraph E. is amended in its entirety as follows: No non-vehicular motor utilized in connection with the operation of a home based business shall exceed 1 horse power. Non-vehicular motors shall not be operated or tested at the premises of a home based business. Subparagraph H. is amended in its entirety as follows: Not more than one vehicle of not more than 3 ton capacity, nor any trailers, utilized in connection with a home based business shall be permitted at the site of the home based business. Any vehicles utilized in connection with the home based business having ladders, pipes ,glass ,tools, buckets, tanks, snow plow, winch, or any other appendages and vehicles licensed as a cab or limousine shall be parked in an attached garage when at the site of the home based business. Vehicles utilized in connection with a home business shall not be permitted to be parked on the public or private streets for more than 4 hours in a 24 hour period. Subparagraph I. is amended in its entirety as follows: A home based business shall not create business related pedestrian, automobile, or truck traffic in excess of 10 trips per dwelling per day. One trip shall be measured as any business related activity requiring pedestrian, automobile or truck to enter or leave on which the dwelling is located. Subparagraph J. is added as follows: No retail or wholesale sales activity shall be conducted on the premises other than by telephone, mail, Internet or other electronic medium. Subparagraph K. is added as follows: Parking is limited to 4 spaces for an employee, visitors and invitees of the home based business. No vehicles utilized in connection with the home based business and no employee or customer vehicles may be parked on public or private streets. Subparagraph L. is added as follows: Deliveries for a home based business shall be limited to straight axle vehicles and shall be limited to two delivery or pick-up trips per day and during the hours of 7:00 a.m. to 7:00 p.m. Subparagraph M. is added as follows: Hours of operation for customers of a home business shall be limited to the hours between 7:00 a.m. and 7:00 p.m. Subparagraph N. is added as follows: A home based business may display one exterior sign not to exceed one square feet for the dwelling and two signs for each vehicle associated with the home based business ,each sign not to exceed one square feet. Section 3 .City Code, Chapter 11, Section 11.65, is amended to add a new Subdivision 1, entitled "Purpose and Intent as follows: Subd .1. Purpose And Intent For Home Based Business - To establish standards by which home based businesses are allowed in residential neighborhoods and preserve the residential characteristics of the R, R1 and RM Districts. Home based businesses shall have no adverse impact to building aesthetics, traffic volume,noise ,odor, or any other activity that adversely affects the health, safety and general welfare or is detrimental to the residential nature of the surrounding neighborhood. Section 4 .City Code, Chapter 11, Section 11.65, Subd. 1 is amended by replacing the term "home occupation wherever it appears in the subdivision with the term "home based business. Section 5 .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 6 .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 day of February, 2009, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the _ day of 2009. Kathleen Porta ,City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on , 2009. STAFF REPORT TO:Planning Commission FROM :Michael D .Franzen ,City Planner DATE:December 8, 2008 PROJECT :Home Occupations Discussion Item Background There are policies in the 2008 Guide Plan Update relating to business growth and reducing peak hour demand on roads. One way to help the City move forward in these areas is to revisit the City's current rules on home occupations. The home occupation ordinance should be revisited for the following reasons. 1.To help reduce the energy consumed going to and from work and reduce the number of cars on the roads especially during peak hours by allowing people to work from home. 2.To help create and /or grow new businesses. 3.To determine if the current rules minimize disruptive effects in a residential setting. 4.To provide the homeowner with the clearest information so an informed decision can be made prior to starting a business. How Does Eden Prairie Regulate Home Occupations? The first home occupation ordinance was adopted in 1956 as follows: "Any use customarily conducted for gain or support entirely within a dwelling by a member or members of a family and which is clearly incidental and secondary to the residential use of the premises and does not change the character thereof. Only one nameplate of not more than one square feet pertaining to a home occupation use is permitted. There were subsequent amendments in 1969 and 1982 which establish additional performance standards. The 1982 amendment defined a home occupation is as "Any occupation or service that is clearly secondary to the main use of the premises as a dwelling and does not change the character thereof or have any exterior evidence of such secondary use. The following are required conditions or performance standards: 1 •Location - must be in the house. •Employee- by members of the family and not more than one non-resident. •Alteration of Structure- no alteration permitted. •Sign- a single one square foot sign. •Noise, smoke, odor - none can be emitted. •Motors- no motor greater than one horsepower. •Storage of Equipment - none permitted outside or in an accessory structure. •Radio or television interference- no interference or noise audible beyond the boundaries of the site. •Size of vehicle - no more than 3/4 ton, and no semi trailers. •Pedestrian, automobile and truck traffic - none in excess of the normal amount in the district. There are commercial, office, and industrial zoning districts in the City where any home occupation can operate subject to the rules of the district in which they are located. In general home occupation regulations are more restrictive than other districts since the purpose is to minimize the disruptive effects of a business in a residential setting. How Do Cities Across the United States View Home Occupations? A 1984 American Planning Association survey of 1,100 cities in the United States found that home occupation ordinances vary considerably. Staff also looked at nine (9) local ordinances. The most common elements included in a home occupation ordinance are as follows: •Definition •Intent and Purpose •A policy statement describing why home occupations are being regulated. •Performance standards that home occupations must meet. •Review procedures •Enforcement procedures •License, permit, or zoning approval •Permitted uses The City's ordinance is fundamentally different from many communities since we do not require a formal approval of a home occupation, or list permitted and prohibited uses. A license, permit, or zoning approval can be revoked if the home occupation is not operating as defined by ordinance. To pursue any of these options would require that the ordinance be very specific in 2 defining home occupation and the accompanying regulations. It would require staff time for inspection and writing reports for City approval. There are approximately 700 home occupations in the City. Complaints are minimal. The potential benefit of resolving complaints more easily through a permitting process, or preventing non conforming businesses from getting started, does not justify the cost and time to implement a formal approval process. It would also create delays in starting new businesses and may be disruptive to existing ones. Staff does not recommend creating a formal review process. Many communities list home occupations that are acceptable or prohibited. Such a list may be helpful if it is intended to only provide examples, but limiting home based businesses to those that appear on a list will likely make the ordinance too difficult to administer and open to legal challenges. Communities that use this approach perpetuate them through subsequent amendments. Taking the other extreme and making the permitted and prohibited uses too specific can be equally as troublesome. For those businesses excluded was it intentional or simply an oversight. For example, if only white collar professional businesses are permitted would that be constitutionally discriminatory to those that are not. Staff does not recommend creating a list of permitted or prohibited uses. It is better to continue regulating home occupations by performance standards. This is the approach that has been used in the City for the 26 years. What Are Common Complaints Relating to Home Occupations? There are problems associated with home occupations that could be minimize or eliminated through modified language or additional rules. Over the last ten years the most common problems in the City were retail sales ,parking, traffic, business operating in the garage, and outdoor storage of equipment. Last year there were twenty five inquires relating to starting a home occupation and six complaints. •Retail Sales - typically done in the garages, during the spring, summer, or fall, periodically or every weekend. Example: sale of golf clubs, golf balls, shirts, pants and shoes. Problem: traffic, delivery of products, and business operating outside of the home. Homeowner says it's a garage sale. The city does not regulate how many garage sales can occur in year. •Parking -Construction Equipment, Trucks, Or Vans either part of a home based business or not. Homeowners occupation requires them to bring the business vehicle home. For example Comcast, Xcel, or other repair trucks or vans with equipment and signs. Also it is common for more than one vehicle and/ or the vehicle(s) do not exceed the code requirement of 3 ton capacity. 3 •Traffic - A business creating greater than normal traffic associated with a residence. Example music lessons ,arts and crafts lessons , swimming lessons , and retail sales . (Average 1 daily traffic from a single family home according to Institute of Traffic Engineers data is 10 trips per unit.) •Businesses operating in the attached garage .Sales and fitness classes. Is the garage part of the home since it is attached, or is it an accessory structure where home occupations are currently not permitted? •Outdoor storage of product or equipment - generally resolved with a letter or ticket. Staff Recommendation Allowing home occupations is good for the local economy. However it is equally important to remember that the primary purpose for residential zoning is to enhance the residential quality of life and preserve it as a comfortable place for people who live there. The current version code relating to home occupations is 26 years old and reflects values and language suitable for that time period. There are complaints/enforcement issues that are challenging for staff. Updating language to be more precise and clear helps business and city staff. The City has two choices: 1.Continue to regulate home occupations as currently permitted by code. 2.Direct staff to develop amendments to the ordinance as suggested below: •Definition - Home Based Business - Any occupation or service which is clearly secondary to the main use of the premises as a dwelling, and does not change the character thereof or have any exterior evidence of such secondary use. •Purpose and intent for home based business - To establish standards by which home businesses are allowed in residential neighborhoods. Home businesses shall have no adverse impact to building aesthetics, traffic volume, noise, odor, or any other activity that adversely affects the health, safety and general welfare or is detrimental to the residential nature of the surrounding neighborhood. 4 •Retail sales - No retail or wholesale sales activity shall be conducted on the premises other than by telephone, mail, Internet or other electronic medium. •Number of parking spaces -Parking is limited to 4 spaces for both the occupants and visitors.No parking of vehicles associated with the home based business, employees or customers can be parked on public or private streets. •Deliveries -Deliveries for a home based business shall be limited to straight axle vehicles and shall be limited to two delivery or pick-up trips per day and during the hours of 7:00 AM to 7:00 PM. •Define Incidental as a percentage of the home - No more than 25% of the home may be devoted to home based business use.Home based businesses are not permitted within a detached accessory building or garage. •Alteration of the structure -The entrance to the space devoted to such home based business shall be within the dwelling. There shall be no separate entrance into the business area. There shall be no internal or external alterations, or involve construction features not typically found in a home. •Type and size of vehicles -Not more than one vehicle of 3 ton capacity, nor any trailers, associated to a home based business shall be permitted. Any vehicles associated with the home business having ladders, pipes,glass , tools, buckets, tanks, snow plow, winch, or any other appendages, and vehicles licensed as a cab or limousine shall be parked in an enclosed parking space. Vehicles associated with a home business shall not be permitted to be parked on the public or private streets for more than 4 hours in a 24 hour period. •Traffic- A home based business shall not create pedestrian, automobile, or truck traffic in excess of 10 trips per residential dwelling. One trip shall be measured as any activity requiring pedestrian, automobile or truck to enter or leave the dwelling exclusive of non- home business trip activity. •Customers Hours -Hours of operation for customers of a home business shall be limited to the hours between 7:00 a.m. and 7:00 p.m. 5 PROPOSED CHANGES Definition - Home Based Business - Any occupation or service which is clearly secondary to the main use of the premises as a dwelling, and does not change the character thereof or have any exterior evidence of such secondary use. Purpose and intent for home based business - To establish standards by which home businesses are allowed in residential neighborhoods. Home businesses shall have no adverse impact to building aesthetics, traffic volume, noise, odor, or any other activity that adversely affects the health, safety and general welfare or is detrimental to the residential nature of the surrounding neighborhood. Retail sales - No retail or wholesale sales activity shall be conducted on the premises other than by telephone, mail, Internet or other electronic medium. Number of parking spaces -Parking is limited to 4 spaces for both the occupants and visitors. No parking of vehicles associated with the home based business, employees or customers can be parked on public or private streets. Deliveries -Deliveries for a home based business shall be limited to straight axle vehicles and shall be limited to two delivery or pick-up trips per day and during the hours of 7:00 AM to 7:00 PM. Define Incidental as a percentage of the home. No more than 25% of the home may be devoted to home based business use.Home based businesses are not permitted within a detached accessory building or garage. CURRENT ORDINANCE Definition -Any occupation or service that is clearly secondary to the main use of the premises as a dwelling and does not change the character thereof or have any exterior evidence of such secondary use. Purpose and Intent - no language Retail Sales - no language. Number of parking spaces - no language Deliveries - no language Define incidental as a percentage of home - clearly incidental to use of the structure as a dwelling. Type and size of vehicles -Not more than one vehicle of 3 ton capacity, nor any trailers, associated to a home based business shall be permitted. Any vehicles associated with the home business having ladders, pipes,glass , tools, buckets, tanks, snow plow, winch, or any other appendages, and vehicles licensed as a cab or limousine shall be parked in an enclosed parking space. Vehicles associated with a home business shall not be permitted to be parked on the public or private streets for more than 4 hours in a 24 hour period. Traffic-A home based business shall not create pedestrian, automobile, or truck traffic in excess of 10 trips per residential dwelling. One trip shall be measured as any activity requiring pedestrian, automobile or truck to enter or leave the dwelling exclusive of non-home business trip activity. Customers Hours -Hours of operation for customers of a home business shall be limited to the hours between 7:00 a.m. and 7:00 p.m. Alteration of structure -The entrance to the space devoted to such home based business shall be within the dwelling. There shall be no separate entrance into the business area. There shall be no internal or external alterations,or involve construction features not typically found in a home. Signs - a sign not to exceed one square feet for the dwelling, two signs per vehicle not to exceed one square feet vehicle associated with the home based business. Type and size of vehicles - not more than one truck of not more than 3 ton capacity and no semi- trailers incidental to a home occupation. Traffic - A home occupation shall not create pedestrian, automobile, or truck traffic significantly in excess of the normal amount in the district. Customer hours - no language Alteration of structure - There shall be no external alteration of the dwelling in which a home occupation is conducted, and the existence of a home occupation shall not be apparent beyond the boundaries of the site except for a nameplate not to exceed one square feet. Signs -a nameplate not to exceed one square feet. 7 STAFF REPORT TO:Planning Commission FROM :Michael D .Franzen ,City Planner DATE:January 9, 2009 PROJECT: Home Based Business Ordinance Background At the December meeting the commission discussed potential changes to the home occupation ordinance and directed staff to develop changes as suggested in the December 8, 2008 staff report. The commission also suggested allowing 2 signs for a business vehicle. Draft Ordinance The draft ordinance prepared by the City attorney is attached. Staff Recommendation Motion 1 :Move to close the public hearing. Motion 2 :Move to recommend approval of the home occupation ordinance. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,DECEMBER 8, 2008 COMMISSION MEMBERS: STAFF MEMBERS: VIII.PLANNERS 'REPORT A.Home Occupations 7:00 P .M., CITY CENTER Council Chambers 8080 Mitchell Road John Kirk, Katie Lechelt, Jerry Pitzrick, Peter Rocheford, Kevin Schultz, Fred Seymour, Ray Stoelting, Jon Stoltz Stu Fox, Manager of Parks and Natural Resources Michael Franzen ,City Planner Rod Rue ,City Engineer Julie Krull, Recording Secretary Franzen stated there are policies in the 2008 Guide Plan Update relating to business growth and reducing peak hour demand on roads. One way to help the City move forward in these areas is to revisit the City's current rules on home occupations. The home occupation ordinance should be revisited for the following reasons: 1.To help reduce the energy consumed going to and from work and reduce the number of cars on the roads especially during peak hours by allowing people to work from home. 2.To help create and/or grow new businesses. 3.To determine if the current rules minimize disruptive effects in a residential setting. 4.To provide the homeowner with the clearest information so an informed decision can be made prior to starting a business. Franzen added the code is 26 years old and reflects values and language suitable for that time period. There are complaints/enforcement issues that are challenging for Staff.Updating language to be more precise and clear helps businesses and City Staff. The staff report lists items for potential change on pages 6 and 7. Kirk asked about traffic on a one day basis, where a single event would create more traffic and asked how that would be handled. Franzen said it would have to be looked at over an extended period of time to see if there is repeated increase in traffic on a regular basis. Schultz stated the 2nd amendment to this ordinance did not take place until 1982 and asked if we are now looking at other cities and comparing our ordinance to theirs.Franzen said they did look at other ordinances in other communities and picked what the best parts of other cities rules that could work best for Eden Prairie. Seymour had a question about the retail sales where it states "no retail or wholesale activities and asked if that meant no garage sales .Franzen stated garage sales are under separate ordinance. Seymour asked how this would work with jewelry or Tupperware parties. Franzen if they are done on a regular basis we would receive complaints, but so far this has not been a problem. Seymour asked if day care is under the 25% usage of home. Franzen said day care is covered by the state of Minnesota and Hennepin County rules and therefore is not regulated by city rules. Pitzrick asked about signs, where it is stated one is just allowed, and pointed out most vehicles have two signs; one on the driver's side and one on the passenger's side.Franzen stated that was true, most vehicles do have two signs on them. He stated there would be no problem adding that change to the update. Franzen pointed out if the Commission was not comfortable with the language of the ordinance when it is brought back before them in a future meeting, then they should not feel obligated to approve it. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, JANUARY 12, 2009 COMMISSION MEMBERS: STAFF MEMBERS: VI.PUBLIC HEARINGS 7:00 P .M., CITY CENTER Council Chambers 8080 Mitchell Road John Kirk, Katie Lechelt, Jerry Pitzrick, Peter Rocheford, Kevin Schultz, Fred Seymour, Ray Stoelting, Jon Stoltz Stu Fox ,Manager of Parks and Natural Resources Michael Franzen ,City Planner Rod Rue ,City Engineer Julie Krull, Recording Secretary A.Home Based Business Ordinance Franzen stated at the December 8, 2008 meeting, the Commission discussed potential changes to the Home Occupation Ordinance and directed Staff to develop changes as suggested in the December 8, 2008 staff report. He stated the draft ordinance was included in the packet and Staff recommends approval of the modifications. Seymour asked Franzen what the penalties would be for violating this ordinance. Franzen stated it would be the same penalties as before ,which is; for the first offense it would consist of a notice .For the second offense the City Attorney would get involved and the third offense would be a court order. Rocheford asked in regards to Section H, it states vehicles should not be parked in the street for more than 4 hours and asked how this number came about. Franzen stated Staff felt 4 hours was an adequate time for vehicles parked in the street. Stoelting asked if Section H basically deals with large size trucks. Franzen concurred that Section H does basically deal with large size trucks. Rocheford asked if company vehicles could be parked on the street for more than 4 hours. Franzen stated company vehicles could be parked on the street for longer than 4 hours and pointed out those vehicles do not pertain to this ordinance. MOTION by Rocheford, seconded by Stoltz, to close the public hearing.Motion carried 5 -0.MOTION by Rocheford, seconded by Seymour, to recommend approval of the Home Based Business Ordinance .Motion carried 5-0. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims February 3, 2009 DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: XSue 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 183009 -183417 Wire Transfers 3296 - 3305 City of Eden Prairie Council Check Summary 2/3/2009 Division Amount Division Amount General 71,467 803 Escrow Fund 4,788 100 City Manager 225 806 SAC Agency Fund 5,475 101 Legislative 4,773 807 Benefits Fund 363,212 102 Legal Counsel 34,011 811 Property Insurance 4,740 110 City Clerk 249 812 Fleet Internal Service 153,071 111 Customer Service 6,605 813 IT Internal Service 45,134 112 Human Resources 53 815 Facilites Operating ISF 1,000 113 Communications 6,000 816 Facilites City Center ISF 1,656 114 Benefits & Training 3,102 116 Facilities 63,175 Report Totals 2,952,954 117 City Center 96,170 119 Cmty Center - Facilities 43,605 130 Assessing 4,079 131 Finance 2,098 132 Housing and Community Services 6,560 133 Planning -394 136 Public Safety Communications 3,398 137 Economic Development 25 138 Community Development Admin.257 150 Park Administration 30 151 Park Maintenance 9,220 152 Parks Capital Outlay 5,976 153 Organized Athletics 8,995 154 Community Center 22,123 156 Youth Programs 1,307 157 Special Events 414 158 Adult Recreation 850 159 Recreation Administration 2,017 162 Arts 747 163 Outdoor Center 1,130 168 Arts Center 1,210 180 Police 18,958 183 Emergency Preparedness 7,288 184 Fire 757,911 186 Inspections 1,520 200 Engineering 361 201 Street Maintenance 5,155 202 Street Lighting 65,299 300 Heritage Preservation Grants 750 301 CDBG 18,640 308 E-911 18 315 Economic Development 13,907 502 Park Development 19,620 509 CIP Fund 263,628 515 Fire Station #4 225 525 Flying Cloud Dr Improvements 550 601 Prairie Village Liquor 263,710 602 Den Road Liquor 289,486 603 Prairie View Liquor 144,345 605 Den Road Building 4,981 701 Water Fund 78,691 702 Sewer Fund 5,981 703 Storm Drainage Fund 13,377 City of Eden Prairie Council Check Register 2/3/2009 Check #Amount Vendor / Explanation Account Description Business Unit 3296 747,000 EDEN PRAIRIE FIREFIGHTER'S REL Fire Relief Pension Payment Fire 3297 124,174 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 3298 12,968 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 3299 15,799 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 3300 12,960 US BANK TRUST HRA Health and Benefits 3301 34,200 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 3302 179,951 WELLS FARGO MINNESOTA N A SS & Medicare Health and Benefits 3303 1,162 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 3304 1,479 MINNESOTA DEPT OF REVENUE Sales Tax Payable Fleet Operating 3305 146,435 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 183009 550 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 183010 1,166 A-SCAPE INC Contract Svcs - Snow Removal Arts Center Facilities 183011 1,981 ADC Deposits Escrow 183012 7 AKHTAR, CHAUDHRI AND YASMIN AR Utility Water Enterprise Fund 183013 2,561 ALTERNATIVE BUSINESS FURNITURE Capital Under $10,000 Furniture 183014 142 AMERIPRIDE LINEN & APPAREL SER Janitor Service Prairie Village Liquor Store 183015 1,679 AMSAN LLC Operating Supplies Community Center Maintenance 183016 60 ANDERSON, AARON Deposits Community Center Admin 183017 660 ASPEN WASTE SYSTEMS INC.Waste Disposal Senior Center 183018 200 ATOM Dues & Subscriptions Police 183019 4,636 BELLBOY CORPORATION Transportation Prairie View Liquor Store 183020 52 BERGE, JENNIFER Accounts Receivable Community Center Admin 183021 189 BEST BUY Operating Supplies Police 183022 20 BONKAT, TIMCHAN Deposits Community Center Admin 183023 1,534 BORDER STATES ELECTRIC SUPPLY Leasehold Improvements Prairie Village Liquor Store 183024 80 BORMAN, TRENT Wages No Benefits Elections 183025 454 BOYER TRUCKS Equipment Parts Fleet Operating 183026 120 BRAGG, ANNALISA Instructor Service Outdoor Center 183027 315 BROWNING, RYAN Mileage & Parking IT Operating 183028 1,440 BURKHALTER, AMY J Other Contracted Services Organizational Services 183029 40 CASE, RICHARD Deposits Community Center Admin 183030 564 CAT & FIDDLE BEVERAGE Wine Imported Prairie View Liquor Store 183031 163 CENTURY COLLEGE Operating Supplies Fire 183032 20 CHOUDJURY, ARUNODAY Deposits Community Center Admin 183033 36 COMPLETE CORPORATE AR Utility Water Enterprise Fund 183034 3,475 CORPORATE EXPRESS Capital Under $10,000 Furniture 183035 293 COURT SURFACES & REPAIR Deposits Escrow 183036 184 CRIPE, JACQUELYN V Other Contracted Services Volleyball 183037 164 CUB FOODS EDEN PRAIRIE Operating Supplies Internal Events 183038 72 DAKOTA SUPPLY GROUP INC Capital Under $10,000 Water Metering 183039 83 DANIMAL DISTRIBUTING INC Beer Den Road Liquor Store 183040 7,329 DAY DISTRIBUTING Wine Domestic Prairie View Liquor Store 183041 96 DAY-TIMER Operating Supplies Arts 183042 140 DEPARTMENT OF NATURAL RESOURCE Licenses & Taxes Park Maintenance 183043 227 DURST & GANS REALTY INC Deposits Escrow 183044 3,583 EAGLE WINE COMPANY Transportation Prairie View Liquor Store 183045 408 EARL F ANDERSEN INC Operating Supplies Traffic Signs 183046 1,965 EDEN PRAIRIE APPLIANCE Capital Under $10,000 Fire Station #2 183047 4,719 ELECTRIC PUMP Equipment Repair & Maint Sewer Liftstation 183048 96 ELIASON, STEVE J Other Contracted Services Basketball 183049 7,286 EMBEDDED SYSTEMS INC Operating Supplies Emergency Preparedness 183050 2,055 EMMONS & OLIVIER RESOURCES INC Other Contracted Services Storm Drainage 183051 21 FASTENAL COMPANY Equipment Parts Fleet Operating 183052 75 FBINAA Dues & Subscriptions Police 183053 60 FEDEX KINKO'S OFFICE AND PRINT Printing Utility Operations - General 183054 92 FIRE FINDINGS Dues & Subscriptions Fire 183055 39 FISCHER, STEVEN Memberships Community Center Admin 183056 479 FLAHERTYS HAPPY TYME COMPANY Misc Non-Taxable Prairie View Liquor Store 183057 942 FORCE AMERICA Equipment Parts Fleet Operating 183058 629 G & K SERVICES Clothing & Uniforms Fleet Operating 183059 542 GE CAPITAL Other Rentals General 183060 128 GEIS, ROB Tuition Reimbursement/School Police 183061 250 GJERVOLD, PHILLIP Lessons & Classes Pool Lessons 183062 200 GRAINGER Supplies - General Bldg Public Works/Parks 183063 359 GRAPE BEGINNINGS Transportation Den Road Liquor Store 183064 96 GRAPHIC SOURCE INC Printing Cummins House Special Events 183065 2,469 GRAYMONT Treatment Chemicals Water Treatment Plant Check #Amount Vendor / Explanation Account Description Business Unit 183067 14,408 GRIGGS COOPER & CO Transportation Prairie View Liquor Store 183068 4,725 HANSEN THORP PELLINEN OLSON Other Contracted Services Storm Drainage 183069 900 HARLEY CONSULTING & COACHING Other Contracted Services Organizational Services 183070 217 HARMON, CURTIS Insurance Property Insurance 183071 10 HASSAN, GEHAN Passport to fun Recreation Administration 183073 6,482 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing and Community Service 183074 275 HENRY, PAUL Other Contracted Services Broomball 183075 4,523 HILLS, GARY Insurance Property Insurance 183076 7 HIPWELL, LISA Passport to fun Recreation Administration 183077 70 HIRSCH, RICHARD Accounts Receivable Community Center Admin 183078 1,698 HOHENSTEINS INC Beer Prairie View Liquor Store 183079 96 HOWARD, DENNIS J Other Contracted Services Basketball 183080 2,520 IND SCHOOL DIST 272 Gym Rental Touch Football 183081 75 INTERNATIONAL ASSOCIATION OF A Dues & Subscriptions Fire 183082 1,189 J&R RADIATOR CORP Equipment Repair & Maint Fleet Operating 183083 15,998 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie View Liquor Store 183086 35,711 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 183087 171 KALENBERG, SHAY AR Utility Water Enterprise Fund 183088 90 KALYANAM, RAMAN RAO Lessons & Classes Ice Arena 183089 78 KEATING, MARY Mileage & Parking Housing and Community Service 183090 18 KEEPERS Clothing & Uniforms Fire 183091 650 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Fire Station #2 183092 20 LARSON, ARVID Deposits Community Center Admin 183093 20 LUTHER, ROBERT Deposits Community Center Admin 183094 353 M. AMUNDSON LLP Misc Non-Taxable Prairie View Liquor Store 183095 20 MARIOTTI, DONALD Deposits Community Center Admin 183096 16,543 MARK VII Misc Taxable Prairie View Liquor Store 183097 810 MAXIMUM SOLUTIONS INC Software Maintenance IT Operating 183098 20 MCKAY, SCOTT Deposits Community Center Admin 183099 61 MEENDERING, MARLIN Sales Tax Payable General Fund 183100 100 MEINKE, MARY JO Refunds Environmental Education 183101 599 MENARDS Building Materials Street Maintenance 183102 5,420 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 183103 77 METROPOLITAN FORD Equipment Parts Fleet Operating 183104 429 METROTECH CORPORATION Equipment Repair & Maint Water System Maintenance 183105 199 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 183106 90 MINNESOTA BD OF PEACE OFFICER Dues & Subscriptions Police 183107 180 MINNESOTA GFOA Dues & Subscriptions Finance 183108 22,773 MINNESOTA STATE RETIREMENT SYS Other Deductions General Fund 183109 2,137 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 183110 176 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 183111 35 MPPOA Dues & Subscriptions Police 183112 22 NATH, REKHA Miscellaneous Community Center Admin 183113 401 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 183114 17,528 NORTHSHORE WOOD PRODUCTS Leasehold Improvements Prairie Village Liquor Store 183115 533 NORTHWEST BUSINESS SYSTEMS Equipment Repair & Maint IT Operating 183116 100 OEDEKOEN, MARK OR KIMBERLY Refunds Environmental Education 183117 14 OLSEN COMPANIES Repair & Maint. Supplies Sewer System Maintenance 183118 117 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Police 183119 40 PAULSEN, JEFFREY & ANN Deposits Community Center Admin 183120 2,233 PAUSTIS & SONS COMPANY Transportation Prairie View Liquor Store 183122 790 PETTY CASH Licenses & Taxes Inspections-Administration 183123 516 PETTY CASH-POLICE DEPT Postage Police 183125 14,281 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 183126 55 POMP'S TIRE SERVICE INC Tires Fleet Operating 183127 22,049 PRAIRIE ELECTRIC COMPANY Contract Svcs - HVAC City Hall - CAM 183128 355 PRAIRIE LAWN AND GARDEN Equipment Repair & Maint Park Maintenance 183129 1,108 PRIOR WINE COMPANY Transportation Prairie View Liquor Store 183130 541 PUBLIC EMPLOYEES RETIREMENT AS Pension - PERA Community Center Admin 183131 314 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 183133 12,920 QUALITY WINE & SPIRITS CO Transportation Prairie View Liquor Store 183134 1,229 QWEST Telephone IT Telephone 183135 100 RAMSEY COUNTY SHERIFF'S OFFICE Tuition Reimbursement/School Police 183136 108 RAY, LEE Other Contracted Services Basketball 183137 476 REBS MARKETING Other Contracted Services Water Accounting 183138 20 RIES, NICOLE Deposits Community Center Admin 183139 282 ROCHON CORP Deposits Escrow 183140 525 ROGERS, KYLE Other Contracted Services Broomball 183141 170 ROOT 0 MATIC Contract Svcs - Plumbing Ice Arena Maintenance 183142 20 SACKETT, MARLIN Deposits Community Center Admin 183143 72 SCHIPULL, JEFF Other Contracted Services Basketball Check #Amount Vendor / Explanation Account Description Business Unit 183144 14 SCHMITZ, RANDY AR Utility Water Enterprise Fund 183145 328 SCHONSTEDT INSTRUMENT COMPANY Equipment Repair & Maint Water System Maintenance 183146 200 SHAFLAND HEIDI Refunds Environmental Education 183147 196 SHAMROCK GROUP, INC - ACE ICE Transportation Prairie View Liquor Store 183148 21,343 SIGNSOURCE Leasehold Improvements Prairie Village Liquor Store 183149 74 SIRCHIE FINGER PRINT LABORATOR Operating Supplies Police 183150 350 SOUNDS GREAT Other Contracted Services Special Initiatives 183151 73,639 SOUTHERN MINNESOTA WOODCRAFT I Leasehold Improvements Prairie Village Liquor Store 183152 40 SPESSARD, JENNIFER Deposits Community Center Admin 183153 520 SPIRIT APPAREL & STUFF Clothing & Uniforms Community Center Admin 183154 100 STEELE,STEPHEN Refunds Environmental Education 183155 9,081 STREICHERS Operating Supplies Police 183156 20 SWANSON, BRUCE Deposits Community Center Admin 183157 40 TASKAR, PRAMOD & SUHASINI Deposits Community Center Admin 183158 25,143 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store 183159 351 THYSSENKRUPP ELEVATOR CORPORAT Building Repair & Maint.Water Treatment Plant 183160 27 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating 183161 320 TRAFFIC CONTROL CORPORATION Equipment Repair & Maint Traffic Signals 183162 5,508 UNIFORMS UNLIMITED Clothing & Uniforms Police 183163 1,499 US POSTMASTER - HOPKINS Postage Water Accounting 183164 2,099 USA MOBILITY WIRELESS INC Pager & Cell Phone Wireless Communication 183165 583 VINOCOPIA Transportation Den Road Liquor Store 183166 98 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 183167 550 WELLS FARGO BANK MINNESOTA NA Paying Agent Flying Cloud Dr Improvements 183168 892 WILLIE, HOWARD AR Utility Water Enterprise Fund 183169 826 WINE COMPANY, THE Wine Domestic Prairie View Liquor Store 183170 4,427 WINE MERCHANTS INC Transportation Prairie View Liquor Store 183171 1,418 WORLD CLASS WINES INC Transportation Prairie View Liquor Store 183172 62,124 XCEL ENERGY Electric Street Lighting 183173 312 Z WINES USA LLC Transportation Prairie View Liquor Store 183174 937 ZIEGLER INC Equipment Parts Fleet Operating 183175 589 AL'S COFFEE Merchandise for Resale Concessions 183176 5,602 ATHLETICA Advertising Community Center Admin 183177 1,171 BORDER STATES ELECTRIC SUPPLY Leasehold Improvements Prairie Village Liquor Store 183178 73 EARL F ANDERSEN INC Signs Park Maintenance 183179 17,726 GEAR GRID CORPORATION Capital Under $10,000 Furniture 183180 750 HANSEN THORP PELLINEN OLSON Design & Engineering Arts Center 183181 3,814 HENNEPIN COUNTY TREASURER Other Contracted Services Assessing 183182 100 HENNEPIN COUNTY TREASURER Licenses & Taxes Engineering 183183 350 ICE SKATING INSTITUTE Dues &Subscriptions Ice Arena 183184 585 MEDICINE LAKE TOURS Special Event Fees Trips 183185 2 MENARDS Operating Supplies Park Maintenance 183186 140 MIAMA Dues & Subscriptions Ice Arena 183187 375 MINNESOTA SAFETY COUNCIL Office Supplies General 183188 35 MPSA Dues & Subscriptions Park Maintenance 183189 35 NETA Tuition Reimbursement/School Fitness Classes 183190 156 SPS COMPANIES Equipment Repair & Maint Park Maintenance 183191 158 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Operating 183192 201 TARPS INC Fire Prevention Supplies Fire 183193 3,402 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 183201 410 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 183202 46,623 A-SCAPE INC Contract Svcs - Snow Removal City Hall - CAM 183203 237 ACCURINT - ACCOUNT # 1348824 Other Contracted Services Police 183204 144 AMERIPRIDE LINEN & APPAREL SER Repair & Maint. Supplies Prairie View Liquor Store 183205 180 AMERITRAK Other Contracted Services Street Maintenance 183206 879 ANCHOR PAPER COMPANY Office Supplies Police 183207 851 ANCHOR PRINTING COMPANY Printing Fire 183208 34,832 ASPEN EQUIPMENT CO.Equipment Repair & Maint Fleet Operating 183209 2,983 ASPEN WASTE SYSTEMS INC.Waste Disposal Community Center Maintenance 183210 89 AT&T MOBILITY Pager & Cell Phone Water System Maintenance 183211 23,800 BAKER ASSOCIATES INC Leasehold Improvements Prairie Village Liquor Store 183212 884 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 183213 2,922 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 183214 6,462 BELLBOY CORPORATION Transportation Prairie View Liquor Store 183215 191 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations -General 183216 3,499 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs - Security City Center Operations 183217 58 BLOOMINGTON, CITY OF Other Contracted Services Park Maintenance 183218 50 BOLD, PAULINE Instructor Service Outdoor Center 183219 320 BOUND TREE MEDICAL LLC Safety Supplies Fire 183220 75 BOYER TRUCKS Equipment Parts Fleet Operating 183221 2,053 BRAUER & ASSOCIATES LTD Signs Capital Impr. / Maint. Fund Check #Amount Vendor / Explanation Account Description Business Unit 183222 78 BREEN, KATELYN Accounts Receivable Community Center Admin 183223 55 BRIGGS, SHERRYL Accounts Receivable Community Center Admin 183224 5,454 BUETOW AND ASSOCIATES INC Design & Engineering Park Acquisition & Development 183225 3,300 BURKHALTER, AMY J Other Contracted Services Recreation Administration 183226 129 CAPRON, HELEN Sales Tax Payable General Fund 183227 103 CASPER, AARON A Tuition Reimbursement/School Fire 183228 58 CDW GOVERNMENT INC.Other Hardware IT Operating 183230 9,004 CENTERPOINT ENERGY Gas Water Treatment Plant 183231 169 CHOICE INC Other Contracted Services Prairie Village Liquor Store 183232 384 CHRISTIANSEN, MIKE Other Contracted Services Basketball 183233 1,723 CLAREYS INC Other Contracted Services Park Maintenance 183234 13 COMCAST Operating Supplies Fire 183235 100 COMMISSIONER OF TRANSPORTATION Conference Expense Street Maintenance 183236 5,452 COMMUNITY ACTION PARTNERSHIP Refunds CDBG - Public Service 183237 439 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 183238 574 CONCRETE CUTTING & CORING INC Small Tools Street Maintenance 183239 292 CORPORATE EXPRESS Office Supplies General 183240 1,907 CRYSTEEL TRUCK EQUIPMENT Equipment Parts Fleet Operating 183241 83 CULLIGAN BOTTLED WATER Operating Supplies Fire 183242 977 CUSTOM HOSE TECH Equipment Repair & Maint Fleet Operating 183243 316 DAHLKE, TRAVIS Tuition Reimbursement/School Fire 183244 10,585 DAY DISTRIBUTING Misc Non-Taxable Prairie View Liquor Store 183245 300 DEPARTMENT OF LABOR AND INDUST Licenses & Taxes Water Treatment Plant 183246 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance IT Operating 183247 22,665 DIVERSE BUILDING MAINTENANCE Cleaning Supplies Park Shelters 183248 404 DMX MUSIC Other Contracted Services Prairie View Liquor Store 183249 713 DOHERTY, SANDRA L Other Contracted Services Volleyball 183250 7,121 EAGLE WINE COMPANY Transportation Prairie View Liquor Store 183251 65 EARL C. BENSON & ASSC Clothing & Uniforms Community Band 183252 125 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Engineering 183253 464 EDEN PRAIRIE NOON ROTARY CLUB Dues & Subscriptions Police 183254 60 EGGERT, JEFFREY P Tuition Reimbursement/School Fire 183255 96 ELIASON, STEVE J Other Contracted Services Basketball 183256 99 ENSTAD, TERRANCE Mileage & Parking Police 183257 288 ENTERTAINMENT PUBLICATIONS INC Deposits Escrow 183258 11,032 EPA AUDIO VISUAL INC Contract Svcs - Gen. Bldg City Center Operations 183259 45 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 183260 523 FASTENAL COMPANY Equipment Parts Fleet Operating 183261 75 FBINAA Dues & Subscriptions Police 183262 265 FRAGALE, ANNETTE Other Contracted Services Senior Center Administration 183263 223 FREY, LYNDELL Conference Expense Athletic Programs Admin 183264 864 G & K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations - General 183265 302 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 183266 64 GINA MARIAS INC Operating Supplies Fire 183267 100 GOBLIRSCH, MARY Refunds Environmental Education 183268 3,890 GOODPOINTE TECHNOLOGY CORPORAT Software Maintenance IT Operating 183269 194 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations - General 183270 540 GOVDELIVERY Software Maintenance IT Operating 183271 585 GOVERNMENT FINANCE OFFICERS AS Dues & Subscriptions Finance 183272 580 GRAINGER Supplies - General Bldg Community Center Maintenance 183273 1,413 GRAPE BEGINNINGS Transportation Prairie View Liquor Store 183274 10,175 GRAYMONT Treatment Chemicals Water Treatment Plant 183275 36,690 GREGERSON ROSOW JOHNSON & NILA Leasehold Improvements Prairie Village Liquor Store 183277 14,132 GRIGGS COOPER & CO Transportation Prairie View Liquor Store 183278 110 GROVEN, SHARON Accounts Receivable Community Center Admin 183279 800 GUNNAR ELECTRIC CO INC Other Contracted Services Miller Park 183280 219 GUSTAD, MARK Travel Expense Police 183281 390 HACH COMPANY Laboratory Chemicals Water Treatment Plant 183282 3,500 HAMLINE UNIVERSITY Dues & Subscriptions Storm Drainage 183283 11,205 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating 183284 92 HEARTH & HOME TECHNOLOGIES Mechanical Permits General Fund 183285 1,101 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 183286 46 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering Check #Amount Vendor / Explanation Account Description Business Unit 183287 144 HERRIG, JEFF Other Contracted Services Basketball 183288 96 HOWARD, DENNIS J Other Contracted Services Basketball 183289 762 12 INC Software Maintenance IT Operating 183290 175 IAAO Dues & Subscriptions Assessing 183291 215 IAFC Dues & Subscriptions Fire 183292 1,500 ICC Conference Expense Inspections -Administration 183293 1,159 ICI DULUX PAINT CTRS Repair & Maint .Supplies Water Treatment Plant 183294 531 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment Plant 183295 3,116 IND SCHOOL DIST 272 Gym Rental Volleyball 183296 15,861 INTEGRA TELECOM Telephone IT Telephone 183297 1,586 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 183298 16,415 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 183301 49,533 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 183302 619 KEEPERS Clothing & Uniforms Fire 183303 1,745 KELLINGTON CONSTRUCTION INC Contract Svcs -Security Ice Arena Maintenance 183304 315 KIDCREATE STUDIO Instructor Service Arts & Drama Programs 183305 349 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Hall - CAM 183306 5,976 LANO EQUIPMENT INC Machinery & Equipment Capital Outlay Parks 183307 530 LAW ENFORCEMENT OPPORTUNITIES Tuition Reimbursement/School Police 183308 289 LMHRC Dues &Subscriptions City Council 183309 6,666 MAACO Equipment Repair & Maint Fleet Operating 183310 138 MACHTEL, ALETA Miscellaneous Birthday Parties 183311 29,293 MARK VII Misc Taxable Prairie View Liquor Store 183312 992 MAROTTA, VIC Instructor Service Winter Skill Development 183313 5,768 METRO FIRE Small Tools Fire 183314 2,103 METRO SALES INCORPORATED*Other Rentals General 183315 600 METROPOLITAN AIRPORTS COMMISSI Other Rentals Flying Cloud Fields 183316 33 METROPOLITAN FORD Equipment Parts Fleet Operating 183317 320 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 183318 6,000 MIDWEST DESIGN CO Other Contracted Services Communications 183319 850 MINNESOTA AWWA Conference Expense Utility Operations - General 183320 90 MINNESOTA LEGAL REGISTER Dues & Subscriptions Assessing 183321 988 MINNESOTA PIPE AND EQUIPMENT*Repair & Maint.Supplies Water System Maintenance 183322 1,954 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 183323 1,730 MINNESOTA SAFETY SERVICES LLC Recreation Supplies Pool Lessons 183324 504 MINNESOTA STATE FIRE DEPT ASSN Dues & Subscriptions Fire 183325 11 MINNESOTA TROPHIES & GIFTS Operating Supplies Police 183326 10,428 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 183327 20 MOSEMAN, CAROL Deposits Community Center Admin 183328 140 MSSA Dues &Subscriptions Fleet Operating 183329 4,467 NATIONAL LEAGUE OF CITIES Dues &Subscriptions City Council 183330 1,859 NELSON, ALLEN M.Conference Expense Fire 183331 550 NEUMANN, NEAL Other Contracted Services Broomball 183332 721 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 183334 3,180 NOREX Conference Expense IT Operating 183335 646 NORTHWEST BUSINESS SYSTEMS Equipment Repair & Maint IT Operating 183336 129 NORTHWEST RESPIRATORY SERVICE EMS Supplies Fire 183338 1,593 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 183339 125 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Street Maintenance 183340 45 ORWOLL, LINDA Facility Rentals Community Center Admin 183341 76 OTTEN, DAN Mileage & Parking Police 183342 24 PARADIGM SYSTEM SOLUTIONS, INC Computers Capital Impr. / Maint. Fund 183343 704 PARK NICOLLET CLINIC Employment Support Test Organizational Services 183344 7,219 PAUSTIS & SONS COMPANY Transportation Prairie View Liquor Store 183347 29,568 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 183348 70 POULIQUEN, BEN Employment Support Test Fire 183349 933 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Park Shelters 183350 16,032 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 183351 8,544 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 183352 827 PRIOR WINE COMPANY Liq Inventory Credits Prairie View Liquor Store 183353 669 PROP United Way Withheld General Fund 183355 20,791 QUALITY WINE & SPIRITS CO Transportation Prairie View Liquor Store 183356 6,750 QUANTUM ART INC Software Maintenance IT Operating 183357 31 QUICKSILVER EXPRESS COURIER Operating Supplies Planning 183358 58 RIDGEVIEW MEDICAL CENTER Employment Support Test Organizational Services 183359 220 RIGHTWAY GLASS INC Equipment Repair & Maint Fleet Operating 183360 750 ROBERT C VOGEL Other Contracted Services 1999 CLG Grant 183361 36 RON'S MECHANICAL INC Cash Over/Short General Fund Check #Amount Vendor / Explanation Account Description Business Unit 183362 35 SCHEWE, BERYL Tuition Reimbursement/School Fitness Classes 183363 72 SCHIPULL, JEFF Other Contracted Services Basketball 183364 100 SCHUETZ, ANNE Refunds Environmental Education 183365 150 SCRAP METAL PROCESSORS INC Equipment Parts Fleet Operating 183366 297 SHAMROCK GROUP, INC - ACE ICE Transportation Prairie View Liquor Store 183367 2,466 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Storm Drainage 183368 85 SHRED-IT Waste Disposal City Center Operations 183369 8,393 SIGNSOURCE Leasehold Improvements Prairie Village Liquor Store 183370 4,721 SIRCHIE FINGER PRINT LABORATOR Building Capital Impr. / Maint. Fund 183371 226 SNAP-ON TOOLS Small Tools Fleet Operating 183372 169 SOUTHWEST SUBURBAN PUBLISHING-Legal Notices Publishing City Clerk 183373 7,230 SRF CONSULTING GROUP INC Other Contracted Services Economic Development Fund 183374 164 STATE SUPPLY COMPANY Supplies - Plumbing Community Center Maintenance 183375 1,549 STRAND MANUFACTURING CO INC Equipment Repair & Maint Water Treatment Plant 183376 52 STREICHERS Clothing & Uniforms Police 183377 117 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 183378 430 SURLY BREWING CO Beer Den Road Liquor Store 183379 7,600 SYMPRO INC Software Maintenance IT Operating 183380 83,702 TBEIINC Machinery & Equipment Public Works 183381 19,310 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store 183382 146 TOM'S WINDOW CLEANING Window Cleaning Den Bldg. - Direct 183383 533 TRAFFIC CONTROL CORPORATION Equipment Repair & Maint Traffic Signals 183384 1,014 UHL COMPANY Contract Svcs - HVAC City Hall - CAM 183385 734 UNITED WAY United Way Withheld General Fund 183386 235 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 183387 190 VALLEY NAT'L GASES-LOC 93 Equipment Parts Fleet Operating 183388 2,121 VAN PAPER COMPANY Operating Supplies City Hall - CAM 183389 543 VINOCOPIA Transportation Den Road Liquor Store 183390 4,832 VTI Improvements to Land Capital Impr. / Maint. Fund 183391 63 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 183392 223 WATER CONSERVATION SERVICES IN OCS-Utility Locates Water System Maintenance 183393 4,241 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 183394 1,541 WINE COMPANY, THE Transportation Den Road Liquor Store 183396 8,446 WINE MERCHANTS INC Transportation Prairie View Liquor Store 183397 2,643 WORLD CLASS WINES INC Transportation Prairie View Liquor Store 183400 120,783 XCEL ENERGY Electric Arts Center 183401 747 1ST LINE/LEEWES VENTURES LLC Merchandise for Resale Concessions 183402 1,400 ACTIVE NETWORK INC, THE Other Contracted Services IT Operating 183403 1,434 AL'S COFFEE Merchandise for Resale Concessions 183404 28 B & V VENDING INC Merchandise for Resale Concessions 183405 100 COMMISSIONER OF TRANSPORTATION Conference Expense Engineering 183406 1,930 DIVERSIFIED CONSTRUCTION Leasehold Improvements Prairie Village Liquor Store 183407 300 DRAMATISTS PLAY SERVICE INC Other Contracted Services Winter Theatre 183408 906 FERRELLGAS Gas Outdoor Center 183409 6,613 HOISINGTON KOEGLER GROUP INC Other Contracted Services Economic Development Fund 183410 540 HOUSTON, CHRISTOPHER W Other Contracted Services Ice Arena 183411 235,835 NEW WORLD SYSTEMS Other Assets CIP - Bonds 183412 4,682 PEPSI COLA COMPANY Merchandise for Resale Concessions 183413 11,563 SUNRAM CONSTRUCTION Improvements to Land Park Acquisition & Development 183414 300 TROPICANA CHILLED DSD Merchandise for Resale Concessions 183415 3,269 VISTAR CORPORATION Merchandise for Resale Concessions 183416 8,524 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 183417 12,900 VR BUILDERS Other Contracted Services Rehab 2,952,954 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director February 3, 2009 DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: XIV.D.1. Jay Lotthammer, Director,Red Rock Lake Park Property Update Parks and Recreation Update only - No formal action requested. At the January 20, 2009 council meeting, staff was directed to relook at the issue of selling parkland adjacent to Red Rock Lake. This item had previously been discussed with the City Council at the April 18, 2006 City Council Meeting. As a result of this meeting, a letter was sent from Mayor Nancy Tyra-Lukens (see attached). In recent discussions and correspondence with City Attorney Ric Rosow, he confirms that a City does not have the authority to deed the property to adjacent property owners. Further, even if the park property was vacated, through Minn. Stat. Section 505.14 or 412.85 1, title to the vacated property would vest in the original dedicators not the adjacent property owners. Because the Red Rock Lake park property is adjacent to the lake, an additional step would need to be initiated with the Commissioner of the Department of Natural Resources. It is likely that the DNR would object to this action due to the current buffer value of the land adjacent to the lake. Staff recommends maintaining the property as parkland and taking no additional action. Attachments Letter dated June 21, 2006, to Resident near Red Rock Lake June 21, 2006 Teri Cook 15506 Village Woods Drive Eden Prairie, MN 55347 Dear Ms Cook, Recently you wrote a letter to me and members of the City Council regarding property along Red Rock Lake. While I certainly can understand your desire to use the City property in the manner in which you have used it for years, it is not permissible for that usage to continue. You indicated that you would like to purchase the land. The city attorney looked into this matter and has found that the land was dedicated to the City of Eden Prairie as part of Red Rock Hills 1st addition. This was a legal document filed with Hennepin County dated July 18, 1975 which donated and dedicated to the public for public use forever the area shown as "Park" within the plat. With that dedication, it is not a possibility for the City to arbitrarily sell the property; in fact, it is illegal for the City to do so. I appreciate your concerns and hopefully as the trespass and encroachment issues are removed from the City property, the area will revert to its natural state and serve as a protection for the shoreline area of Red Rock Lake. Sincerely, Nancy Tyra-Lukens Mayor