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Home My WebLink AboutCity Council - 03/17/2009AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MARCH 17, 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 Heritage Room II I. SOUTHWEST LIGHT RAIL TRANSIT (LRT) UPDATE A. Draft Environmental Impact Statement (DEIS) B. Station Area Planning Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 17, 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 I. ROLL CALL / CALL THE MEETING TO ORDER II. COLOR GUARD / PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. SOUTHWEST TRANSIT UPDATE B. MILLER PARK PLAY AREA DONATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL PLANNING SESSION HELD FRIDAY, FEBRUARY 6, 2009 B. COUNCIL WORKSHOP HELD TUESDAY, MARCH 3, 2009 C. CITY COUNCIL MEETING HELD TUESDAY, MARCH 3, 2009 D. COMMISSION INTERVIEWS HELD TUESDAY, MARCH 10, 2009 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. AWARD CONTRACTS FOR 2009 STREET MAINTENANCE MATERIALS, I.C. 09-5745 C. ADOPT RESOLUTION TO PURSUE ACQUISITION OF EASEMENTS FOR THE CONSTRUCTION OF FLYING CLOUD DRIVE TRAIL IMPROVEMENTS, I.C. 09-5749 D. AUTHORIZE TWO-YEAR AGREEMENT WITH HENNEPIN COUNTY TO CONTINUE PARTICIPATION IN THE WETLAND HEALTH EVALUATION PROJECT, I.C. 03-5602 CITY COUNCIL AGENDA March 17, 2009 Page 2 E. RECEIVE THE CONSERVATION COMMISSION 2008 ANNUAL REPORT AND APPROVE 2009 WORK PLAN F. AWARD CONTRACT FOR REMOVAL AND REPLACEMENT OF THE WATER TREATMENT PLANT ROOF TO JOHN A. DALSIN & SON, INC., I.C. 08-5736 G. ADOPT RESOLUTION DECLARING PROPERTY AS ABANDONED PROPERTY H. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS AUTHORIZE DISPOSAL OF THE PROPERTY IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 9 RELATING TO HOURS OF OPERATION OF PUBLIC PARKS B. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 2.23 RELATING TO CITIZEN ADVISORY CONSERVATION COMMISSION ROLES & RESPONSIBILITIES C. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 2.23, SUBD. 3, RELATING TO THE MEMBERSHIP RANGE FOR THE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. COMMISSIONS B. BOARD OF APPEAL AND EQUALIZATION C. CHAIRS AND VICE CHAIRS OF COMMISSIONS D. CHAIR AND VICE CHAIR OF BOARD OF APPEAL & EQUALIZATION XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORTS OF CITY MANAGER 1. Second Reading Of Ordinance Amending City Code Section 2.23, Subd. 3, Relating to the Membership Range for the Parks, Recreation, & Natural Resources Commission CITY COUNCIL AGENDA March 17, 2009 Page 3 2. 494/169 Update 3. American Recovery and Reinvestment Act of 2009 Update 4. Resolution Regarding Flying Cloud Airport Classification C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. CDBG Reallocations D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Fees for Outside Caterers at the Community Center 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: March 13, 2009 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, March 17, 2009 ___________________________________________________________________________________________ TUESDAY, MARCH 17, 2009 7:00 PM, COUNCIL CHAMBER I. 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 A. SOUTHWEST TRANSIT UPDATE Dave Jacobson, Southwest Metro Transit, will present an update of SWT activities. B. MILLER PARK PLAY AREA DONATION Synopsis: On August 19, 2008, Mr. Mike Garvin presented the City of Eden Prairie with a check for $134,369.00. This contribution, combined with $110,000 of City of Eden Prairie funds enabled phase I of the Miller Park Barrier Free Play Area to move forward. Due to funding constraints, several items in the phase I bid package were withheld until additional funding could be raised. On October 6, 2008, Mike and Jennifer Garvin along with a volunteer fundraising committee conducted a fundraising event with the goal of raising additional funds to accomplish the remainder of the items from phase I. Following the fundraiser, Mr. Garvin presented an additional check to the City Council in the amount of $76,651.43. Recently, additional funds of $8,000 have been contributed to the effort and are being transferred to the City of Eden Prairie for development of future phases. ANNOTATED AGENDA March 17, 2009 Page 2 MOTION: Move to accept the donation from the Tom and Kathy Miller Family Foundation in the amount of $8,000 to assist with funding for future development of the Miller Park Barrier Free Play Area. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL PLANNING SESSION HELD FRIDAY, FEBRUARY 6, 2009 B. COUNCIL WORKSHOP HELD TUESDAY, MARCH 3, 2009 C. CITY COUNCIL MEETING HELD TUESDAY, MARCH 3, 2009 D. COMMISSION INTERVIEWS HELD TUESDAY, MARCH 10, 2009 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-H on the Consent Calendar. A. CLERK’S LICENSE LIST B. AWARD CONTRACTS FOR 2009 STREET MAINTENANCE MATERIALS, I.C. 09-5745 C. ADOPT RESOLUTION TO PURSUE ACQUISITION OF EASEMENTS FOR THE CONSTRUCTION OF FLYING CLOUD DRIVE TRAIL IMPROVEMENTS, I.C. 09-5749 D. AUTHORIZE TWO-YEAR AGREEMENT WITH HENNEPIN COUNTY TO CONTINUE PARTICIPATION IN THE WETLAND HEALTH EVALUATION PROJECT, I.C. 03-5602 E. RECEIVE THE CONSERVATION COMMISSION 2008 ANNUAL REPORT AND APPROVE 2009 WORK PLAN F. AWARD CONTRACT FOR REMOVAL AND REPLACEMENT OF THE WATER TREATMENT PLANT ROOF TO JOHN A. DALSIN & SON, INC., I.C. 08-5736 G. ADOPT RESOLUTION DECLARING PROPERTY AS ABANDONED PROPERTY H. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS AUTHORIZE DISPOSAL OF THE PROPERTY IX. PUBLIC HEARINGS / MEETINGS ANNOTATED AGENDA March 17, 2009 Page 3 X. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 9 RELATING TO HOURS OF OPERATION OF PUBLIC PARKS Synopsis: The Eden Prairie Baseball Association requested the lighting time for the baseball fields at Miller Park and Round Lake Park be changed from 10 p.m. to 10:30 p.m. For consistency and enforcement capabilities, staff believes that the effect of this change would constitute a corresponding change in the park hours at these two locations. The current ordinance (Section 9.04, Subd. 3.) reads “Parks shall be operated from 6:00 o’clock A.M. to 10:00 o’clock P.M. each day and shall be closed from 10:00 o’clock P.M. to 6:00 o’clock A.M. each day or as posted.” In order for this change to happen, a modification to the ordinance would need to occur. Staff proposes that the addition to the current statement indicating that the exception would be for Miller Park and Round Lake Park. These parks would be allowed to remain open until 10:30 P.M. between the dates of April 1 and October 31. City surveyed other local athletic associations that could be impacted by this extension. Below is a summary of their responses: EP Baseball Association - Positive impact EP Soccer Club - No impact EP Girls Softball - No impact EP School District - Positive impact Additionally, staff conducted a survey of neighboring communities. The attached survey results suggest that most communities allow use of parks (especially athletic complexes) past 10:00 p.m. The additional financial impact would be a result of additional electricity ($8/half hour/field) and the additional hours worked by a park attendant ($6/half hour/park). Based on the current understanding of the extended amount of use, staff believes that approximately $4,700 additional would be spent. Approximately $900 would be attributable to baseball. Over 700 letters were sent to surrounding residents. The residents were made aware of the opportunity to attend and comment at the Parks, Recreation and Natural Resources Commission meeting. No residents attended the meeting. The Parks, Recreation and Natural Resources Commission reviewed this information at their March 2 meeting and unanimously recommend that the City Council approve this modification. ANNOTATED AGENDA March 17, 2009 Page 4 In the past, the ending times for lighted fields have been consistent with the 10:00 p.m. closing time as defined by city ordinance. In 2006, the Eden Prairie Baseball Association requested that the lights at Miller Park be allowed to remain on until 10:30 p.m. for a two year period (see attached letter). The reason for this request was to lessen the impact of the temporary field reductions that were planned to occur over the coming years. During the past two years, staff is not aware of any complaints resulting in the extension of lights. MOTION: Move to approve first reading of Ordinance amending City Code Section 9.04 Subdivision 3, relating to hours of operation of public parks. B. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 2.23 RELATING TO CITIZEN ADVISORY CONSERVATION COMMISSION ROLES & RESPONSIBILITIES Synopsis: The Conservation Commission met with the City Council at the Council Workshop on February 17, 2009 to present a draft revision of City Code Section 2.23 Subd. 2E. The revision was requested as the Commission goals have become better understood after two years of service to the City and community. Since the workshop the City Attorney has reviewed the draft and revisions were made to change action items to providing advice and recommendations to the City Council. These modifications are consistent with the workshop discussion and are consistent with our practice of commissions being a recommending body to the City Council. Staff recommends approval of the first reading of the ordinance. The Conservation Commission was formed in 2006 to advise the City Council and staff on measures such as energy conservation, water resource management and recycling. In 2008 the Commission began working on amending City Code Section 2.23 Subd. 2.E to better reflect the goals the Commission is working to achieve and the actual work tasks that have evolved during the two year period. This revision adds language to Section 2.04, Subdivision 2.E to clarify the Commissions goals and objectives. The major revisions are as follows: Addition of a set of Roles and Responsibilities Removal of the task to encourage a community designed for walking, exercise and recreation. It was determined that this was best served by the Parks, Recreation and Natural Resources Commission.  Removal of the task to encourage the reduction of Inflow and Infiltration from the City’s sanitary sewer system. It was determined that Commission oversight of this task was not required. MOTION: Move to approve First Reading of an Ordinance Amending City Code Section 2.23, Subdivision 2.E, relating to the roles and responsibilities of the Conservation Commission. ANNOTATED AGENDA March 17, 2009 Page 5 C. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 2.23, SUBD. 3, RELATING TO THE MEMBERSHIP RANGE FOR THE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION Synopsis: Currently, the Parks, Recreation, and Natural Resources Commission membership is set at a static number of nine Commission members only. All other City Commissions, except the Heritage Preservation Commission, have a membership range of five to seven members, as is the case for the Human Rights and Diversity Commission, the Arts and Culture Commission, the Conservation Commission; or a range of seven to nine members, as is the case for the Planning Commission. Adjusting the Parks, Recreation, and Natural Resources Commission membership to a range of seven to nine members, instead of a set number of nine only, would better align the membership for this Commission with most other Commissions; and provide the City Council with more flexibility with staffing this Commission each year. Director of Parks and Recreation Jay Lotthammer, also the staff liaison to the Parks, Recreation, and Natural Resources Commission, discussed this topic at the March 2, 2009, Parks, Recreation and Natural Resources Commission meeting, and after some discussion, the Commission understood and agreed to the merits of having a range for the Commission membership. The second reading of the ordinance is under Reports of the City Manager. MOTION: Move to approve First Reading of an Ordinance Amending City Code Section 2.23, Subd. 3, relating to the membership range for the Parks, Recreation, and Natural Resources Commission. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. COMMISSIONS Synopsis: The City Council hosted Commission interviews on Tuesday, March 10, 2009. Overall, there were 27 applicants (19 new applicants and eight re-applicants), with 25 interviewing and two “no-shows” for the interview night. Twenty candidates are being designated for Commission appointments on March 17, 2009 – 12 appointed for the first time and eight reappointments. All terms are scheduled to begin on April 1, 2009. A required City Commission Orientation session will be held on Wednesday, March 25, 2009, for all new and re-appointed Commission members. Move to: Appoint to the Arts & Culture Commission: Farida Kathawalla, Ann Rorem, and Julia Ramos – Terms to expire March 31, 2012. ANNOTATED AGENDA March 17, 2009 Page 6 Move to: Appoint to the Conservation Commission: Sue Brown, Ravi Jaiswal, and Daniel Trebil – Terms to expire March 31, 2012; and Greg Olson – Term to expire March 31, 2010. Move to: Appoint to the Flying Cloud Airport Advisory Commission: Jeff Larsen, Mark Michelson, and Kurt Schendel – Terms to expire March 31, 2012. Move to: Appoint to the Heritage Preservation Commission: Ann Higgins – Term to expire March 31, 2012. Move to: Appoint to the Human Rights and Diversity Commission: Linda Crawford and Peter Huck – Terms to expire March 31, 2012; and Lauren Juergensen – Term to expire March 31, 2011. Move to: Appoint to the Parks, Recreation & Natural Resources Commission: Hutch Coburn and Derek Gunderson – Terms to expire March 31, 2012. Move to: Appoint to the Planning Commission: Jerry Pitzrick, Jacob Lee, and Travis Wuttke – Terms to expire March 31, 2012; and Alexander Martin – Term to expire March 31, 2010. B. BOARD OF APPEAL AND EQUALIZATION Synopsis: The proposed members for Council approval are experienced real estate professionals with extensive knowledge of the Southwest metro area. Brian Duoos of Edina Realty is involved in the sale of single family properties in the southwest metro area. Jim Johnson of The Realty House is involved in the sale of single family properties in the southwest metro. Lyndon Moquist of Edina Realty is involved in the sale of single family properties in the southwest metro. Annette O’Connor of Coldwell Banker Burnet Realty is involved in the sale of single family properties in the southwest metro area. ANNOTATED AGENDA March 17, 2009 Page 7 Patricia Pidcock of Edina Realty is involved in the sale of single family properties in the southwest metro area and a former member of the City of Eden Prairie City Council. From 1992 through 2008, the City has appointed a special Board of Appeal and Equalization (also formerly named the Board of Review). The members are citizen volunteers that are active and knowledgeable, with extensive experience in the real estate market. The members are recruited by the City Manager and City Assessor and appointed annually with confirmation by the City Council. The City pays the members a per diem payment of $50 for all required training sessions and Board meetings. In 2003, the Minnesota legislature passed a law requiring members of local Boards of Appeal and Equalization Commissions to attend a training session, developed by the Minnesota Department of Revenue, at least once every four years. Eden Prairie’s BAE training session last took place on Wednesday, April 20, 2005, and was good through 2008. The Council is being asked to appoint the BAE members effective March 18, 2009, since the BAE members will be attending the Department of Revenue’s training class later this month. MOTION: Move to appoint to the Board of Appeal and Equalization Brian Duoos, Jim Johnson, Lyndon Moquist, Annette O’Connor, and Patricia Pidcock for the period of March 18, 2009, through May 31, 2009, or until the Board of Appeal and Equalization completes its work. C. CHAIRS AND VICE CHAIRS OF COMMISSIONS Synopsis: Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to City Commissions. The City Council hosted Commission interviews on Tuesday, March 10, 2009, and determined Chair and Vice Chair assignments for the period of April 1, 2009, through March 31, 2010 at this time. City Code Section 2.22, Subd. 5 Officers states, if applicable, “The Council shall in March each year choose a chairperson and vice-chairperson for a Board or Commission to serve for a period of one year.” To be eligible for consideration, City Code states, “a chairperson must have served one year on the Board or Commission before becoming eligible for appointment as a chairperson.” Move to: Appoint Ann Rorem - Chair and Farida Kathawalla - Vice Chair of the Arts and Culture Commission. Move to: Appoint Laura Jester - Chair and Daniel Trebil - Vice Chair of the Conservation Commission. Move to: Appoint Richard King - Chair and Jeffrey Larsen - Vice Chair of the Flying Cloud Airport Advisory Commission. ANNOTATED AGENDA March 17, 2009 Page 8 Move to: Appoint Ann Higgins - Chair and Kathy Veurink - Vice Chair of the Heritage Preservation Commission. Move to: Appoint Pam Spera - Chair and Marcy Harris - Vice Chair of the Human Rights and Diversity Commission Move to: Appoint Geri Napuck - Chair and Jeff Gerst - Vice Chair of the Parks, Recreation and Natural Resources Commission. Move to: Appoint Jon Stoltz - Chair and John Kirk - Vice Chair of the Planning Commission. D. CHAIR AND VICE CHAIR OF BOARD OF APPEAL & EQUALIZATION Synopsis: Chairs and Vice-Chairs are appointed annually by the City Council following the appointment of members to City Boards and Commissions. City Code Section 2.22, Subd. 5 Officers states, “the Council shall in March each year choose a chairperson ad vice-chairperson for a Board or Commission to serve for a period of one year.” To be eligible for consideration, City Code states, “a chairperson must have served one year on the Board or Commission before becoming eligible for appointment as a chairperson.” MOTION: Move to appoint Patricia Pidcock – Chair and Brian Duoos – Vice-Chair of the Board of Appeal and Equalization. XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORTS OF CITY MANAGER 1. Second Reading Of Ordinance Amending City Code Section 2.23, Subd. 3, Relating to the Membership Range for the Parks, Recreation, & Natural Resources Commission Synopsis: First Reading of this Ordinance appeared under Ordinances & Resolutions. MOTION: Move to approve Second Reading of an Ordinance Amending City Code Section 2.23, Subd. 3, relating to the membership range for the Parks, Recreation, & Natural Resources Commission. 2. 494/169 Update ANNOTATED AGENDA March 17, 2009 Page 9 3. American Recovery and Reinvestment Act of 2009 Update 4. Resolution Regarding Flying Cloud Airport Classification Synopsis: As part of its 2030 Aviation Plan Update, The Metropolitan Council is evaluating a proposal to amend airport classifications of the Twin Cities Regional Airport System Plan, specifically by splitting minor airports into minor I and minor II airports and redefining runway lengths which could potentially result in future expansion of airports, including Flying Cloud Airport, negatively affecting the City of Eden Prairie and other communities that surround minor airports in the metropolitan area. MOTION: Move to: Adopt the Resolution Opposing the Metropolitan Council’s Proposal to Amend Airport Classifications of the Twin Cities Regional Airport System Plan; and Direct Staff to prepare a cover letter to the Metropolitan Council strongly opposing the proposal. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. CDBG Reallocations D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Fees for Outside Caterers at the Community Center Synopsis: Preferred catering services were selected as a way to provide a variety of quality food choices at a range of price points to room rental patrons at the Eden Prairie Community Center. The Community Center does not require its clients to use an Approved Caterer in those instances when there is a small gathering (30 people or less), or when, in the City’s sole discretion, ethnic, cultural, or religious needs cannot be met by the Approved Caterers. The agreement with the Approved Caterer’s includes a reimbursement to the community center. This reimbursement recognizes the benefit to being an approved caterer along with the additional costs incurred by the community center. There are some cases where due to ethnic or religious considerations; a caterer outside of the approved list is desired. Staff is recommending that the following fees be established for groups using caterers that are not a part of the Approved Caterers list. Groups (size 30-50 people) $75.00/fee to Community Center Groups (size 50-100 people) $150.00/fee to Community Center CITY COUNCIL AGENDA SECTION: Presentations and Proclamations DATE: March 17, 2009 DEPARTMENT/DIVISION: Jay Lotthammer, Parks and Recreation Director ITEM DESCRIPTION: Miller Park Barrier Free Play Area Donation ITEM NO.: IV.B. Motion Move to: Accept the donation from the Tom and Kathy Miller Family Foundation in the amount of $8,000 to assist with funding for future development of the Miller Park Barrier Free Play Area. Synopsis On August 19, 2008, Mr. Mike Garvin presented the City of Eden Prairie with a check for $134,369.00. This contribution, combined with $110,000 of City of Eden Prairie funds enabled phase I of the Miller Park Barrier Free Play Area to move forward. Due to funding constraints, several items in the phase I bid package were withheld until additional funding could be raised. On October 6, 2008, Mike and Jennifer Garvin along with a volunteer fundraising committee conducted a fundraising event with the goal of raising additional funds to accomplish the remainder of the items from phase I. Following the fundraiser, Mr. Garvin presented an additional check to the City Council in the amount of $76,651.43. Recently, additional funds of $8,000 have been contributed to the effort and are being transferred to the City of Eden Prairie for development of future phases. Background Eden Prairie resident Mike Garvin approached staff with a pledge to assist with the funding for a Barrier Free Play Area at Miller Park. Mr. Garvin’s family has made use of similar play areas while visiting other states. Mr. Garvin and his wife recognized the benefits and positive impacts that a barrier free play area can have for people with all types of abilities. Miller Park is one of three community parks and receives a higher amount of use than neighborhood parks and smaller play structures. Over the past several years, staff has maintained the equipment by replacing parts that were damaged, broke or in an unsafe condition. Many of the replacement parts are no longer available due to the age of the equipment. Funds were budgeted and approved as a part of the Capital Improvement Plan for replacement of portions of the play area. Mr. Garvin and his family have committed funds to add to the amount of work that is able to be performed and enhance the accessibility of the play area. Increased accessibility will certainly be beneficial for children who use wheelchairs, but past experience has shown that accessible surfaces and play components also offer greater access and enjoyable use to all users. At the August 2, 2008, Parks, Recreation and Natural Resources Commission meeting, the commission voted unanimously to recommend to the City of Eden Prairie Council to award the base bid contract to Odessa II along with all alternates receiving sufficient funding. Miller Park Barrier Free Play Area Donation March 17, 2009 Page 2 At the March 2nd 2009, Parks, Recreation and Natural Resources Commission meeting, the commission voted unanimously to recommend to the City of Eden Prairie Council to award the contract to Odessa II for the next phase of development. APPROVED MINUTES 2009 CITY COUNCIL PLANNING SESSION FRIDAY, FEBRUARY 6, 2009 CITY CENTER 6:00 PM, HERITAGE ROOM II 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, Finance Manager Sue Kotchevar, Assistant to the City Manager Michael Barone, and Recorder Lorene McWaters I. QUALITY OF LIFE SURVEY Bill Morrison and Peter Leatherman, Decision Resources Inc., presented the results of the 2008 Quality of Life Study. Morrison said they surveyed 400 households with an average interview length of 28 minutes, and statistical accuracy within five percentage points. In general, Eden Prairie residents desire “affordable excellence.” “Tax hostility” is higher than in the last survey in 2006, but is still at a manageable level. Residents feel they are receiving excellent services from the City. Morrison said he expects the tax climate to worsen, but residents will continue to expect excellence. The City will need to concentrate on maintaining a high level of core functions. Morrison also characterized Eden Prairie as “conservative greens.” They feel attention to the environment is essential, but should be carried out prudently. II. THE CITY’S CURRENT FINANCIAL CONDITION Scott Neal presented a PowerPoint on the City’s current financial position. Information presented included: • A comparison of general fund revenues and expenditures showing the gap between revenues and expenditures narrows from 2000 to 2008 and revenues are expected to dip below expenditures in 2009 • A chart that tracks the percentage of change in general fund revenues and expenses from 2001 to 2009 • A graph depicting percentage of general fund revenue from various sources, including property tax levy, intergovernmental revenue, licenses and permits, transfers in, and “other” revenue • A graph showing that development revenue fell significantly in late 2008 and is projected to fall again in 2009 • A graph showing that annual debt service costs are expected to peak at about $4,000,000 in 2010 and then begin to fall • A bar graph that projects estimated property tax levy from 2008 to 2014, including the percent of general fund levy • A spreadsheet detailing projected tax levy for the years 2009 to 2014 Finance Manager Sue Kotchevar presented several spreadsheets showing general fund projections through 2014 using several different sets of assumptions. The current projection shows a negative balance of $749,999 for 2009, assuming the City continues its current operating standards. Neal said about 70 percent of City revenues are from the property tax levy and an equal percent of expenses is for employee compensation. He said it is clear that the City cannot continue to do what is has been doing. In all four scenarios, the Budget Stabilization Fund will be consumed within a few years. Neal said staff has surveyed businesses with approved development plans scheduled to start construction in 2009. Many say they are delaying their projects for at least at year or two due to financial conditions. Wal-Mart would like to go ahead with redevelopment this year, but they have not set a firm schedule. Neal said development revenue typically has two peaks throughout the year, one in May/June and one in October. Staff will be better able to project development income for 2009 later this spring. Neal said staff needs Council input on how to meet the budget shortfall for 2009 and beyond. He has asked each department to develop proposals that incorporate a five percent decrease in funds, both with and without personnel cuts. Also, employees have been asked to submit ideas on how to lower costs. Neal said he expects to present a plan that could include reductions in what we do or elimination of service lines to the Council in June. III. DISCUSSION Council Member Aho asked if staff anticipates a decrease in the need for services in non- development-related areas. Neal said staff does not foresee a decrease in needs in areas such as street maintenance, etc. Council Member Nelson asked if 2009 pay increases are negotiable at this point. Neal said that most increases have already been granted, and he does not think they can be retracted. Mayor Young said he does not think a compensation adjustment for 2009 is feasible. Council Member Case asked if the Capital Improvement Plan (CIP) budget could be adjusted so that planned projects are pushed further out in time. He also asked about the possibility of putting liquor store profits toward the general fund for one year. Dietz said it is problematic to use one time revenues that cannot be sustained. Kotchevar said the majority of the CIP is devoted to repair and maintenance. A small portion is for new projects. Some are new Parks and Recreation projects, which are supported by cash park fees. Case said he does not feel knowledgeable enough to suggest areas for cuts. Council Member Nelson suggested using upcoming Council Workshops to educate Council Members on City operations. IV. ADJOURNMENT The meeting was adjourned at 8:30 p.m. ITEM NO.: VI.B. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MARCH 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 GUESTS: Housing & Human Services Manager Molly Koivumaki; Kerry Holtmeier Hallee, FamiLink; and Tom Junke, SouthWest Transit Heritage Room II I. TRANSPORTATION COMMITTEE UPDATE Koivumaki introduced Kerry Holtmeier Hallee, FamiLink, and Tom Juhnke, Southwest Metro Transit. Both serve on the Senior Transportation Committee, whose goal is to identify transportation options for seniors in the community who no longer drive. Holtmeier said local research shows that some seniors who may not be comfortable driving do not give it up because other transportation options are not available. Holtmeier said the Shopping Bus, which picks up seniors from Edendale, Sterling Ponds and the Colony and takes them to Eden Prairie Mall, Walmart, the Library, and Cub Foods every Tuesday, was Transportation Committee’s first major project. She said it is a truly collaborative project, with SouthWest Transit operating the bus and volunteers helping riders on and off the bus and providing help with carrying parcels. Tom Junke, Customer Service Manager for Southwest Transit and a member of the Senior Transportation Committee, talked about public transportation available through SouthWest Transit and Metro Mobility. He said road crossings in Eden Prairie appear not to be designed for pedestrians, especially senior citizens. He recommended an education campaign to inform drivers of when pedestrians are allowed to be in the crosswalk. He said Eden Prairie’s roads, including our many cul-de-sacs, are not well designed for bus routes. Since Eden Prairie has a growing senior population, he recommended that the City stay ahead of the curve in planning for an older population. He said the need for transportation options for seniors is expected to really hit by 2012. II. SENIOR ISSUES TASK FORCE REPORT UPDATE Koivumaki said the first Senior Issues Task Force Report was compiled in 1995 and was updated in 2005 by Mary Keating. Late in 2008, just prior to her retirement, Keating completed another update to the report. City Council Workshop Minutes March 3, 2009 Page 2 The report includes updated demographic information, which shows Eden Prairie’s overall population growth and the growth in percent of people 65 and older. Koivumaki said the City’s updated Comprehensive Guide Plan addresses our growing senior population. The Guide Plan includes an Active Community Planning Model, which encourages physically, socially and environmentally health initiatives. The planned Presbyterian Homes Project was awarded “Best Active Community Planning” designation for a design that includes access to commercial areas, medical care, and transit. New housing developments will also conform to the Active Community model. Social services are provided through CDBG funding for the H.O.M.E. program, which helps seniors with household and outdoor maintenance. Meals on Wheels and Senior Outreach programs are funded through the General Fund. The Police Department offers training for seniors on identity theft, personal safety and credit card/telephone scams. The Police Department also initiated a program to assist in locating elderly people with dementia who wander away from home. Senior Center staff works with staff from senior housing sites to offer joint activities. The Communications Division maintains information of importance to Senior on the City’s web site. And, finally, significant improvements were made to the Senior Center in 2008, including a new ramp to the front entrance, a wider sidewalk, and new kitchen appliances. Council Chamber III. OPEN PODIUM IV. ADJOURNMENT ITEM NO.: VI.C. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 3, 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, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL / CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:00 PM. All Council Members were present. II. COLOR GUARD / PLEDGE OF ALLEGIANCE Mayor Young thanked American Heritage Girls Troop 0408 for presenting the colors. III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added one item under Item XIV.A. Young added two items under Item XIV.A. MOTION: Duckstad moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. V. PROCLAMATIONS / PRESENTATIONS A. EDEN PRAIRIE HIGH SCHOOL POM SQUAD RECOGNITION Young said the Eden Prairie High School Pom Squad took top honors in the Large Varsity Jazz category at the Universal Dance Association National Competition in Orlando, Florida, in February. The team also placed second in the Large Varsity Pom category. The 18-member team is coached by Ann Itman, a Pom Squad Alumni. He congratulated the team on their achievements. Ann Itman noted their team was the only team from Minnesota to attend the national competition. She said the team also participates in community service in Eden Prairie. B. CORNERSTONE Neal said we have developed a custom of bringing to Council meetings organizations we are a part of, and tonight’s organization is Cornerstone. CITY COUNCIL MINUTES March 3, 2009 Page 2 Sgt. Bob Olson said the Eden Prairie Domestic Abuse Response Team (DART) was created in 2005 in response to an increase in the incidents of family violence and domestic abuse. There are five officers, one investigator and one sergeant on the team. In addition to investigating domestic violence cases DART members also meet on a regular basis with the City Attorney’s office and Cornerstone in an effort to keep a handle on the incidents in Eden Prairie. He said the team intervenes proactively in non-criminal cases, and they encourage family members to use the resources available to them such as Cornerstone. He reviewed the number of domestic calls for service from 2002 to 2008, noting those numbers have been reduced since the DART team was created. He also noted a significant reduction in arrests for domestic violence in 2008, a direct result of this cooperative effort between DART, the City Attorney’s office and Cornerstone. Susan Neis, representing Cornerstone, said she has served as the Executive Director of the organization for 24 years. Cornerstone provides a state-wide crisis line by which calls are routed to the closest domestic violence program. She said they were one of the first programs to do transitional housing for battered women in 1989. Cornerstone is proud of their school-based violence prevention program. They also have a legal protection program working with City prosecutors and law enforcement. She thanked the City Council for their support of the programs. Mayor Young thanked Sgt. Olson and Ms Neis for their reports, noting it is very important the City Council be kept up to date on their efforts. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 17, 2009 MOTION: Duckstad moved, seconded by Aho, to approve the minutes of the Council Workshop held Tuesday, February 17, 2009, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 17, 2009 MOTION: Nelson moved, seconded by Case, to approve the minutes of the City Council Meeting held Tuesday, February 17, 2009, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. AWARD CONTRACT FOR MILLER PARK PLAY AREA RENOVATION PHASE II TO ODESSA II CITY COUNCIL MINUTES March 3, 2009 Page 3 C. AWARD CONTRACT FOR 2009 STREET SWEEPING TO RELIAKOR SERVICES INC. D. ACCEPT PROPOSAL FROM CENTURYTEL ACQUISITION LLC TO RENEW VOICE AND DATA SERVICE AND AUTHORIZE EXECUTION OF A THREE-YEAR SERVICE AGREEMENT E. APPROVE CHANGE ORDERS FOR WEST 78TH STREET WATER MAIN REPLACEMENT PROJECT F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB & ASSOCIATES FOR THETH212/VALLEY VIEW ROAD INTERCHANGE STUDY, I.C. 09-5751 G. APPROVE COST SHARING AGREEMENT WITH HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY FOR THE 212 / VALLEY VIEW ROAD INTERCHANGE STUDY, I.C. 09-5751 H. ADOPT RESOLUTION NO. 2009-18 REQUESTING AUTHORITY TO ESTABLISH A MUNICIPAL STREET IMPROVEMENT DISTRICT MOTION: Aho moved, seconded by Case, to approve Items A-H on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. 2009 CDBG FUNDS ALLOCATION (Resolution No. 2009-19) Neal said official notice of this public hearing was published in the February 5, 2009, Eden Prairie News. He said the 2009 CDBG allocation has not yet been announced by the office of Housing and Urban Development (HUD). However, the Human Services Review Committee used the conservative estimate of $250,000 in funding to make the funding recommendations as listed below. Once the actual amount is received, the funds will be modified on a percentage basis for each of the applicants. The Human Services Review Committee reviewed the 2009 CDBG proposals and recommended the following activities: # Human Services Activity Funding Level County Priority % of Allocation 1 PROP Housing Support Services $5,000 High 2% 2 YMCA (Child Care Subsidy) $10,000 High 4% 3 HOME (Household & Outside Maintenance for the Elderly) $8,000 High 3.2% 4 HomeLine (Tenant’s Advocacy Service) $5,000 High 1.95% 5 JVS Employment Assistance Services $5,500 High 2.2% 6 Emergency Vehicle Repair Fund $12,000 High 4.8% Subtotal $45,500 CITY COUNCIL MINUTES March 3, 2009 Page 4 Housing Activities Funding Level County Priority 7 Housing Rehabilitation Deferred Loan Program $57,000 High 22.8% 8 Affordable Housing Initiative $100,000 High 40% 9 PROP Emergency Housing Assistance $20,000 High 8% 10 Fair Housing Initiative $2,500 High 1% 11 Program Administration $25,000 10% Grand Total $250.000 Jeremiah noted it seems odd to act on the CDBG allocation before we receive the actual amount from HUD, however our action plan with regard to distributing the dollars is due to Hennepin County next week. She said staff made a conservative estimate and are asking that we use the percentages to reallocate if the total allocation is different from the estimate. She noted this is not economic stimulus money, but rather is our regular annual allocation. She said we are expecting some economic stimulus money as well, but we do not have the rules on that yet. Case asked if we would just use the percent of allocation or add another group in the unlikely event we get more than the estimate. Jeremiah replied in the case of any increase or reduction in the figure, the allocation would be redone per the percentages shown here. If there were to be a change to that procedure, staff would come back to the Council to alter the action plan. Young said he would like to have any increase in the allocation presented to the City Council before the dollars are allocated and spent. Nelson asked if these amounts are approximately what the groups requested. Jeremiah replied they are lower than requested, and one agency was not funded because they weren’t eligible per the HUD guidelines. Duckstad asked if this figure represents the same amount as last year. Jeremiah replied this is a little bit of a decrease compared to last year. Kitty Engle, representing the HOME program, said she appreciates the City’s support over the years. She said they have been working in the City of Eden Prairie to help seniors since at least 1988, and they want to continue that service. They plan to do target marketing to seniors in the community this spring. Beth Kodluboy, representing Homeline, said every year they help 130-150 renters in the City who need help figuring out what their rights are. She noted some renters are experiencing problems with foreclosures. She said they also have a program teaching high school students about rights and responsibilities for leases. She thanked the Council for their support. Ann Harnack, Executive Director of PROP, thanked the Council for their support. CITY COUNCIL MINUTES March 3, 2009 Page 5 Elena Wilsey, representing JVS Employment Assistance Services, said they help low income people work on job seeking skills, with a focus on resume writing and interview and networking skills. She thanked the Council for their support. Rob Kolar, representing the Southdale YMCA, thanked the Council for their support. They are the designated child care provider for the Eden Prairie School District. The program is offered to K-6 grades in the schools during the school year, with full-day child care provided in the summer for K-8. They have scholarships for families that participate in the program, and the CDBG funds go to help families participate in the program. MOTION: Case moved, seconded by Nelson, to close the Public Hearing and to adopt Resolution 2009-19 approving the use of 2009 CDBG funds as recommended by the Eden Prairie Human Services Committee. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Duckstad moved, seconded by Aho, to approve the Payment of Claims as submitted. 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 XIV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. Mayor Young – Met Council Proposed Change to Airport Definition Young said the Met Council is one of the governmental bodies that has jurisdiction over airports, and they have provided us with a proposal to split the definition of a minor reliever airport into two subsets: Minor Reliever 1, less than 4500 feet; and Minor Reliever 2, 4500 feet or greater. He said he has not reason to believe the change would have an immediate impact at Flying Cloud Airport, but because of the importance of the airport as an issue in the City he did not think it would be in our best interest to have uncertainty in the definitions. Therefore, he suggested the Council communicate to the Met Council that we are not in favor of the proposed change to the definition. He said this issue will be discussed by the Flying Cloud Airport Advisory Commission at their March meeting, but he also knew the Met Council wants feedback quickly. Case said the original agreement to airport expansion in 2001 mentions the 5000 foot runway opportunity, but it also takes the issue out of our hands CITY COUNCIL MINUTES March 3, 2009 Page 6 and leaves it with the legislature. Therefore any time there is a hint of expansion beyond 5000 feet it is our duty to our residents to speak up. He thought we might need to have a motion on this before the Airport Commission meets. Young said the Met Council does not need to hear from us before our 2nd meeting in March, and he wanted to make sure the Airport Commission understands our discussion of this. Neal noted that was also his understanding in talking to staff and others. If we talk about it tonight and have the Airports Commission talk about it at their regular meeting, they could come back to the Council with a recommendation on March 17. Duckstad agreed with Mayor Young and concurred with the remarks he made. Aho asked if they gave any reason why they are looking at splitting the definition. Young said we can only speculate, but he thought some people want to lengthen the Anoka airport to 6000 feet. Aho said he agreed we do need to get out in front of this topic and give them a response. Nelson said she wanted the Airport Commission to know the City Council is very concerned about this and does not want anything that hints of expansion. Young said the tenor of the Council’s discussion should be communicated to the Chair of the Airport Commission. 2. Mayor Young – Previous Comments Regarding Federal Stimulus Funds Young said he wanted to expand on his comments on this topic at the last meeting. The origin came from the U.S. Conference of Mayors’ request that their member cities present wish lists that might be made for federal dollars. A lot of cities put together wish lists, and that list exists today, but it has absolutely nothing to do with the final legislation that President Obama signed. He did not think the money will flow directly to cities anyway. He said City Manager Neal and he talked about this at the end of January and concluded that, other than trying to help get federal dollars for the 494/169 interchange, we didn’t think that it was right. A lot of things the other cities listed were really projects that are the obligation of local government. He said the majority of time a city like Eden Prairie will be a net loser on intergovernmental redistribution projects. Duckstad said he concurred with Mayor Young and also believes we should not get on the wish list. He thought it would be morally wrong and an abuse of federal taxpayers’ money. CITY COUNCIL MINUTES March 3, 2009 Page 7 Case commented that he thought this was a discussion that should have come back to the City Council. It seems like something as big as whether the City decides to take dollars that help to alleviate the tax struggles our residents feel should have had Council discussion. He didn’t think we should make projects up, but if there are dollars out there that would fit, we should consider it. What was stated at the last meeting was that our city does things differently because we find a funding source before we put projects on a capital project list. He said these funding mechanisms aren’t being funded the way we originally thought they would be, so this year we are moving some of our liquor funds to be used in the General Fund. If there are projects available such as Police Department funding, we ought to look at the stimulus funds as part of due diligence for our residents. Part of the stimulus package proposal was placed there to stimulate and create jobs. If we have opportunities to create jobs in the community and to help alleviate the tax struggle for our residents, we should look into it. He asked that staff study what possibilities are out there to see if some of them may fit. Young said if all we can for our residents is to lobby the Federal Highway Administration and MNDoT to achieve an allocation to improve the 494/169 interchange, that will have more of an impact than anything else. If staff wants to take a look at the federal legislation, that is their prerogative. He said he took serious issue with the criticism of his communication with the City Manager about the Mayors’ Conference. That is a voluntary group that some mayors belong to, and the wish list was a made-up list of no legal effect. Every Council Member has been appointed by the Council to represent the City on various intergovernmental bodies, and we have been entrusted to speak on behalf of the City within those groups. He thought it was his right to make a decision on that list as the representative on the Mayors’ Conference. Case said he would apologize because there is nothing that Mayor Young said or did on this to criticize. Rather his concern was with regard to a decision that we are not moving forward to determine if there are stimulus programs we could use. He agreed there is an ethical part to this issue. Neal said we have a copy of a document produced by the League of California Cities that shows where cities can fit into the economic stimulus program. We have not at all missed an opportunity to apply for funds. He noted the federal government is routing a lot of the money through traditional existing programs, so if we weren’t eligible for those programs before, we probably won’t be eligible now. Staff is checking on that and there are a couple of possibilities. One of the possibilities is an option for funding police and another for funding brown fields. Staff will review these for opportunities and then share them with Council Members. He said he get emails about why we aren’t getting our fair share, so he thought there is a lot of confusion with the public about this list. CITY COUNCIL MINUTES March 3, 2009 Page 8 Aho said he didn’t have a problem with staff looking at the list, but in general he was against the City of Eden Prairie taking funds to create positions. Because the positions will be funded by temporary sources, the issue becomes what to do with those positions when the funding goes away. Nelson said she wanted to have staff take a look at this. The Capital Improvement Fund has had the Market Value Homestead Credit from the State but we are not going to get that now. She thought if there is a project that can be completed in a year that would be of benefit to the City and doesn’t have tails for us, we should go after it. She thought we only want to look at one or two things because we do want the 494-169 project. 2. Council Member Duckstad – Budget Duckstad said about four weeks ago the City Manager presented the real possibility of revenue shortfalls for the general operating budget because of a decline in our developmental activity in the City. He wanted to urge the City Manager and the Council to look at the other unfortunate possibility that we may have revenue shortages that will befall our capital improvement projects. We should look at projects scheduled for this year to make sure we are going to fund these or if it is prudent to delay them. Neal said he thought we are ahead of this issue. Staff is looking at some ways to restructure our debt and our annual debt service. We have been talking with our financial advisor about how we might restructure our debt by pushing some projects out and pushing some debt out into other years. On the General Fund side, he said the challenge we have is our development-related revenues which were making up about 4% of the General Fund revenue. This year development-related revenue may be at 2- 2.5%, which is a difference of about $1,000,000. We adopted a budget that required a transfer in just to make it even up, so we don’t have any latitude for a decrease in development revenue this year. Neal said 2008 was the worst year for development revenue in a decade, and we may be over $1,000,000 short. He has been talking with employees about this, and staff will bring a proposal to the Council that will cut about $500,000 from the General Fund operating expenses and another $500,000 of transfer from the Budget Stabilization Fund. The proposed $500,000 cut from the operating funds would be about $200,000 in non-personnel operating costs and $300,000 in personnel costs. We have implemented a hiring freeze and are putting together an early retirement incentive. We are talking to employees about reduced work schedules. If we can’t achieve the savings we want to achieve with those tools, we will have to look at layoffs because he didn’t see any other way we can get to that number. Getting to that number is important because that is what will drive the budget for 2010 and 2011. CITY COUNCIL MINUTES March 3, 2009 Page 9 Young said he tended to agree that we do need to have a balanced approach for the 2009 budget, and also for the baseline for the 2010 and 2011 budget preparation. Nelson said Council Member Duckstad mentioned putting off projects, and she didn’t think some projects can be put off. She urged staff to look at 5-10 year costs of what they are putting off as well as the one year cost. When we look at the $300,000, she urged them to consider asking employees to take some unpaid leave as a piece of that. She would like to see as few staff reductions as possible and would like us to be as creative as possible to keep our employees. Young said he was certain that the City Manager and other directors will look closely at all options. Young noted Council Member Duckstad was not proposing any specific change to the CIP, and he assumed the City Council would be informed of any such changes proposed. Neal said in that case we would be modifying a document that the Council approved, so staff would have to bring that back. 4. Council Member Case – NURP Ponds Case noted over the years there have been questions about National Urban River Protection (NURP) ponds and what happens to those down the road. He asked if we know the life span of a NURP pond and if any have been around long enough to test our technology. He also asked about the status of our oldest ponds in the City and of the known non-compliant NURP ponds. Dietz said the life span of NURP ponds is not known and depends on how much sediment goes into a system. He said when we design NURP ponds they are designed to be able to fill up to a certain level. He noted these ponds are one of the unfunded mandates we get through the State EPA. As part of the permit process, we must inspect 20% of the ponds each year for structural defects and compliance. We implemented a project to dredge three of our oldest ponds in the Hidden Ponds neighborhood. We have done some pond cleaning near the shopping center. We have a very rigorous program to maintain sump catch basins and manholes. We clean the sump basins and target new construction areas where most of the sediment goes. The issue we have going on in the southeast corner of town is the two locations that the MPCA has said are non-compliant. We will be sending them a proposal that will include a consultant design to repair the sites. One of the sites is not repairable because it is located where the river changed course. We have a plan to do some intermediate repairs to minimize erosion. He noted we have an aggressive program, and Leslie Stovring spends upwards of half her time in monitoring these issues. Young asked if we were aware of the condition of the ponds in the southeast quadrant before we received the non-compliant designation. Dietz said we were aware of the failure of the larger pond on private property that we had an easement on between Old Riverview Road and the Minnesota CITY COUNCIL MINUTES March 3, 2009 Page 10 River. There is currently no way to repair that one, and our best opportunity is that some Hustad property north of Old Riverview Road will come through the development process so we could enlarge the pond to allow repair. We will install a new sump basin in the area. Young said his preference would be that we not be the subject of a letter like that from the State EPA. Dietz said we have 800-900 of these ponds in the community, so there will be failures; however, we do try to be proactive. Case noted we have a funding mechanism to deal with this with the storm water drainage fund. B. REPORTS OF CITY MANAGER 1. 494-169 Update Neal said Mayor Young, Council Member Aho, and staff from Eden Prairie and other cities met here in our building with representatives of MNDoT and the Federal Highway Administration to talk about the 494-169 project. They are putting together a proposal for funding of this project and will forward that to the Transportation Advisory Board (TAB), which is the group that will decide how some of the stimulus dollars will be spent. He said the project has strong support from MNDoT, but this will require a regional preference on behalf of the TAB. One of the issues that may come back to the City Council is that part of the funding program is to ask the three cities involved to consider issuing some bonds, the proceeds of which would go to MNDoT to help fund the project. We will talk to their finance staff to see what that proposal entails and how the mechanism would work. Young said there are a lot of moving pieces on this, and our window is pretty short. He said if a piece of this happens to be that we issue such bonds for MNDoT, he would be in favor of that. This project really is hugely impactful on Eden Prairie residents and businesses, and he would give serious thought to the bonding mechanism. Neal said representatives from Scott County were also at the meeting. Most of the folks that are caught in traffic because of that interchange are going across the bridge to Scott County. The strategy MNDoT is dealing with is how to spread out funding for two very large projects in the metropolitan area and a number of small ones. They consider 494-169 to be the biggest traffic congestion location in the metropolitan area. Duckstad asked if we have a sense of how soon we might get an answer on this. Neal said he thought we would get an answer some time within the next 30 days. CITY COUNCIL MINUTES March 3, 2009 Page 11 2. City Center Landscape Management Neal said this item was the subject of email correspondence last year. We had an internal staff meeting to talk about the issue and discuss how we could replace some landscaping and change our watering practices. We are moving forward with developing a plan and will share that with the Council as we move forward. He noted if we make a change to the landscaping this year, we may still consume a lot of water to get it established. Young thought that was fine, but noted he thought the idea was to water less. He didn’t want to spend $50,000 to change landscaping in order to save $50 in water. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Duckstad moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 8:20 PM. ITEM NO.: VI.D. UNAPPROVED MINUTES CITY COMMISSION INTERVIEWS TUESDAY, MARCH 10, 2009 CITY CENTER 5:30 – 10:00 PM, HERITAGE ROOM I & II CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Environmental Coordinator Leslie Stovring, Senior Planner Scott Kipp, City Planner Michael Franzen, Parks and Recreation Director Jay Lotthammer, Assistant to the City Manager Michael Barone (Recorder), and Executive Assistant Lorene McWaters I. CONSERVATION COMMISSION INTERVIEWS Interviews for the Conservation Commission began at 6:05pm. In attendance were the City Council, City Manager Scott Neal, Environment Coordinator Leslie Stovring, and Recorder Michael Barone. Five applicants were interviewed for the Commission, with the City Council advancing four applicants for appointment at the March 17 City Council meeting. The Conservation Commission interviews concluded at 6:25pm. II. FLYING CLOUD AIRPORT ADVISORY COMMISSION INTERVIEWS Interviews for the Flying Cloud Airport Advisory Commission began at 6:30pm. In attendance were the City Council, City Manager Scott Neal, Senior Planner Scott Kipp, and Recorder Michael Barone. Three applicants were interviewed for the Commission, with the City Council advancing all three applicants for appointment at the March 17 City Council meeting. The Flying Cloud Airport Advisory Commission interviews concluded at 6:40pm. III. HERITAGE PRESERVATION COMMISSION INTERVIEWS Interviews for the Heritage Preservation Commission began at 6:48pm. In attendance were the City Council, City Manager Scott Neal, and Recorder Michael Barone. Two applicants were interviewed for the Commission, with the City Council advancing one applicant for appointment at the March 17 City Council meeting. The Heritage Preservation Commission interviews concluded at 7:08pm. IV. PLANNING COMMISSION INTERVIEWS Interviews for the Planning Commission began at 7:15pm. In attendance were the City Council, City Manager Scott Neal, City Planner Michael Franzen, and Recorder Michael Barone. Eight applicants were interviewed for the Commission, with the City Council advancing four applicants for appointment at the March 17 City Council meeting. The Planning Commission interviews concluded at 7:45pm. V. HUMAN RIGHTS AND DIVERSITY COMMISSION INTERVIEWS Interviews for the Human Rights and Diversity Commission began at 7:57pm. In attendance were the City Council, City Manager Scott Neal, and Recorder Michael Barone. Four applicants were interviewed for the Commission, with the City Council advancing three applicants for appointment at the March 17 City Council meeting. The Human Rights and Diversity Commission interviews concluded at 8:17pm. VI. ARTS AND CULTURE COMMISSION INTERVIEWS Interviews for the Arts and Culture Commission began at 8:27pm. In attendance were the City Council, City Manager Scott Neal, Director of Parks and Recreation Jay Lotthammer, and Recorder Michael Barone. Five applicants were interviewed for the Commission, with the City Council advancing three applicants for appointment at the March 17 City Council meeting. The Arts and Culture Commission interviews concluded at 8:42pm. VII. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION INTERVIEWS Interviews for the Parks, Recreation and Natural Resources Commission began at 8:51pm. In attendance were the City Council, City Manager Scott Neal, Director of Parks and Recreation Jay Lotthammer, and Recorder Michael Barone. Three applicants were interviewed for the Commission, with the City Council advancing two applicants for appointment at the March 17 City Council meeting. The Parks, Recreation and Natural Resources Commission interviews concluded at 9:12pm. VIII. CHAIR AND VICE-CHAIR APPOINTMENTS DISCUSSION The City Council took input from the Commission staff liaisons throughout the course of the interview night. The discussion about the Chair and Vice-Chair duties for all Commissions by the City Council began at 9:25pm. In attendance were the City Council, City Manager Scott Neal, Director of Parks and Recreation Jay Lotthammer, and Recorder Michael Barone. Chair and Vice-Chair designations were determined by the City Council, with all names advancing for appointment at the March 17 City Council meeting. The discussion concluded at 9:45pm. IX. ADJOURNMENT The City Council adjourned the City Commission interview night at 9:46pm. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 17, 2009 DEPARTMENT/DIVISION: Christy Weigel, Police/ Support Unit ITEM DESCRIPTION: Clerk’s License Application List ITEM NO.: These licenses have been approved by the department heads responsible for the licensed activity. Raffle Organization: Eden Prairie Ducks Unlimited Place: Bearpath Country Club Date: April 23, 2009 Organization: Hope Chest for Breast Cancer Place: Olympic Hills Golf Club Date: June 8, 2009 Temporary Liquor Organization: City of Eden Prairie – Municipal Liquor Stores Event: Wine Tasting Date: April 30, 2009 Place: Eden Prairie Community Center Cigarette & Tobacco Products KO-B, Inc. DBA: Hwy 5 BP 7675 Mitchell Road - 1 - CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: March 17, 2009 DEPARTMENT/DIVISION: Mary Krause Public Works/Engineering ITEM DESCRIPTION: I.C. 09-5745 Award Contract for 2009 Maintenance Materials ITEM NO.: VIII.B. Requested Action Move to: Award contracts for I.C. 09-5745, 2009 Maintenance Materials, as indicated in the attached recommendation of award. Synopsis Bids were received on March 5, 2009 for the 2009 supply of Street Maintenance Materials required to perform annual street maintenance projects including street repair and patching and curb repair and replacement. Attached is a summary sheet indicating the bid prices for these materials and a table indicating the material, the recommended suppliers and the unit prices of the material to be purchased. Background Information MNDOT 2331 and Class 5 Aggregate: Four bids were received for the MNDOT bituminous mixes. A cost analysis of time, equipment and labor for hauling the asphalt from the supplier’s plant to the shop indicates a savings to use asphalt supplied from Wm. Mueller & Sons, Inc. to supply the MNDOT 2331Type 41A bituminous material, with Commercial Asphalt Company having the second lowest cost based on the analysis; third lowest being Midwest Asphalt Corporation. The MNDOT 2331 Type 41B analysis indicates the lowest cost supplier is Commercial Asphalt Company, followed by Wm. Mueller & Sons, Inc. with the second lowest cost and Midwest Asphalt Corporation with the third lowest. Due to production capabilities, demand and availability at the plants, staff recommends award of the bituminous mixes as stated above and as indicated on the attached Recommendation of Award. Staff will select the appropriate vendor on a daily basis. Similar cost analysis taking into consideration the time, equipment and labor to haul the material, was done for the Class 5 aggregates. The analysis for Class 5 Recycled aggregate shows a savings to utilize Midwest Asphalt Corporation and Class 5 Virgin (100% crushed) aggregate utilizing Barton Sand & Gravel. The low bid for concrete was from Cemstone Products Company. The cost of the majority of these maintenance materials have increased from 2008 costs significantly – ranging from increases in the actual materials from a low of approximately 9% for concrete to a high of approximately 19% for recycled class 5 aggregate as well as increased trucking costs (all materials with the exception of concrete are hauled by City of Eden Prairie employees in City trucks). In addition, a new “Environmental Fee” of $40/load has been initiated by the suppliers for all concrete deliveries in order to conform with the recently updated MPCA regulations regarding stormwater management. Attachments • Recommendation of Award • Bid Summary RECOMMENDATION OF AWARD I.C. 09-5745 2009 Maintenance Materials 1 Mn/Dot 2331 Type 41A (bituminous) Wm. Mueller & Sons, Inc. Commercial Asphalt Company Midwest Asphalt Corporation $48.73/Ton $49.79/Ton $56.25/Ton 2 Mn/DOT 2331 Type 41B (bituminous) Commercial Asphalt Company Wm. Mueller & Sons, Inc. Midwest Asphalt Corporation $46.91/Ton $47.73/Ton $53.45/Ton 3 Class 5 Recycled Aggregate Midwest Asphalt Corporation $8.50/Ton 4 Class 5 Virgin (100% Crushed) Aggregate Barton Sand & Gravel $6.49/Ton 5 Mn/DOT 2461 Concrete Mix 3A32 Cemstone Products Company $112.00/Yd.3 G:Engineering/IC#s/09-5745 Recommendation of Award” I.C. 09-5745 2009 Maintenance Materials Bid Results BIDDERS MnDOT 2331 Type 41A (Bituminous) MnDOT 2331 Type 41B (Bituminous) Class 5 (100% Recycled Crushed) Class 5 (100% Virgin Crushed) MNDOT 2461 concrete mix 3A32 Aggregate Industries 7.71/ton 10.51/ton Barton Sand & Gravel 7.76/ton 6.49/ton Bituminous Roadways 53.08/ton 51.17/ton 6.66/ton Bryan Rock 10.01/ton* Commercial Asphalt Co. 49.79/ton 46.91/ton Kraemer Mining & Materials Midwest Asphalt 56.25/ton 53.45/ton 8.50/ton 21.35/ton Mueller & Sons 48.73/ton 47.73/ton 7.41/ton SA-AG, Inc. 5.59/ton Shakopee Gravel, Inc. Cemstone Products Co. 112.00/Cu. yd.** AVR, Inc. 143.78/Cu.yd. *** * Limestone ** $75/Load Short Load Charge, $40/Load Environmental fee *** $55/Load Short Load Charge, $40/Load Environmental fee CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 17, 2009 DEPARTMENT/DIVISION: Jim Richardson Public Works / Engineering ITEM DESCRIPTION: I.C. 09-5749 Resolution Authorizing Acquisition of Easements for Construction of Flying Cloud Drive Trail Improvements ITEM NO.: VIII.C. Requested Action Move to: Approve the resolution authorizing the City Manager and City Attorney to pursue the acquisition of easements for the construction of Flying Cloud Drive Improvements. Synopsis This process is necessary to obtain easements from adjoining property owners. Background Information 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. Attachments • Resolution • Exhibit A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2009- A RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY BY NEGOTIATION OR EMINENT DOMAIN PROCEEDINGS. WHEREAS, the City Council desires to acquire the property described on Exhibit A hereto (the “Property”) by negotiation or eminent domain proceedings. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA AS FOLLOWS: 1. The City Council hereby authorizes the City Manager and the City Attorney to initiate negotiations to acquire the Property. In the event the Property cannot be acquired by negotiation the City Manager and the City Attorney are hereby authorized to acquire the Property through eminent domain proceedings. 2. If the Property is able to be acquired through negotiation the City Manager shall present to the City Council for approval a purchase agreement setting forth the terms of the purchase of the Property. ADOPTED by the City Council of the City of Eden Prairie this 17th day of March, 2009. ________________________ Phil Young, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk EXHIBIT A That part of the East ½ of the Northeast ¼ of Section 14 T116 R22 described as follows: The easterly 15 feet of Lot 1 Block 1, Anderson’s Idleview Addition and Lot 1 Block 1 Anderson Idlewild Addition. The easterly 15 feet of Lot 1 Block 2 Eden Glen Addition, Lot 1 Block 1 Eden Glen 2nd Addition and Lots 1 and 2, Block 1, Eden Glen 4th Addition and the westerly 15 feet of Lot 12 Auditor’s Subdivision Number 335. All lying adjacent and parallel to the Right- of-Way of Flying Cloud Drive. Along with the following described properties lying in the Northeast ¼ of the Southwest ¼ of Section 14 Township 116 Range 22: the southeasterly 15 feet of Lots 1,2,3, 4 and 5, Block 1 of The Preserve Commercial Park North 4th Addition and the southeasterly 15 feet of Lots 1, 2 and 3, Block 2 of The Preserve Commercial Park North 2nd Addition. All lying adjacent and parallel to the Right-of-Way of Flying Cloud Drive. And the following described properties lying in the Northwest ¼ of the Northwest ¼ of Section 23 Township 116 Range 22: the westerly 15 feet of Lot 2 Block 1 Parkway Office Center and Outlot E Lake Eden North. All lying adjacent and parallel to the Right-of-Way of Flying Cloud Drive. CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: March 17, 2009 DEPARTMENT/DIVISION: Leslie Stovring Public Works / Environmental Services ITEM DESCRIPTION: IC# 03-5602 Wetland Health Evaluation Program Agreement ITEM NO.: VIII.D. Requested Action Move to: Authorize a two year agreement with Hennepin County for Eden Prairie to continue participation in the Wetland Health Evaluation Project. Synopsis In 2008 the City completed its seventh year of monitoring wetlands through the Wetland Health Evaluation Program (WHEP) in partnership with Hennepin County. Hennepin County is requesting continued sponsorship of the program for an annual cost of $4,000 per year for 2009 and 2010 (April, 2009 through March, 2011). The program has been a successful project and the monitoring program is used to meet our volunteer program requirements of our Stormwater Permit program. Currently the project is collecting data which is expected to be used in the future to assist in determining what projects could be undertaken to improve the quality of the wetlands evaluated. Funding will be from the stormwater utility. Background The Wetland Health Evaluation Project (WHEP) is a partnership between Hennepin County, the Minnesota Pollution Control Agency (MPCA) and Dakota County. The project engages volunteers to monitor and evaluate wetlands within sponsoring communities. It is an excellent tool for both environmental education and collection of natural resource data. The data is used to monitor how changes in land use impact the wetlands evaluated as well as to educate citizens and decision makers about wetland health in their community. Hennepin County is planning on using the data collected to apply for grants targeted at restoration or enhancement of the wetlands in the future. These volunteers become strong advocates and ambassadors for environmental stewardship in our community. Using sampling methods developed by the MPCA, the volunteers help determine the general health of the wetlands sampled. Insect and plant communities are sampled and evaluated. The organisms collected provide accurate windows into the health of a wetland as certain species act as “biological indicators”, meaning their existence in an area is indicative of environmental conditions. For example, bladderwort (Utricularia spp.) indicates the wetland is healthy, as bladderwort is sensitive to ecological changes. Hennepin County recognized the volunteers at an event in February 2008. The stipend provided by the sponsor City is used to fund a team leader, purchase equipment, provide quality control by an environmental consultant and complete the statistical analysis and reporting. The report is posted on the City’s web site. Each year, the City selects four wetlands appropriate for the evaluation and provides a staff contact (the Environmental Coordinator) for the project. To date, fourteen wetlands have been sampled. Results A total of ten (10) volunteers and one team leader worked on the Eden Prairie project in 2008. The volunteers sampled four wetlands during the 2008 season, two of which are wetland mitigation areas currently being monitored by the City. The wetlands are as follows: 1. Glenshire Outlot (EP-11) – The Glenshire outlot is located at the intersection of Edenvale Boulevard and Woodhill Drive. The wetland mitigation was completed in 2002 and is now fully vegetated. The site was added to the WHEP monitoring program in 2007. The wetland ranged from poor in 2007 to moderate quality in 2008. 2. Settlers West Pond A (EP-12) – This wetland mitigation site within Settlers West was added to the sampling program in 2007. This wetland was expanded to provide wetland mitigation for the development. The sampling program will help determine the success of the mitigation. The wetland ranged from moderate in 2007 to poor to moderate quality in 2008. 3. Wooddale Church (EP-13) – Wooddale Church participated in the 2008 monitoring program for the first time. The pond was expanded in 2004 to accommodate an expansion of the church parking lot. The pond was determined to be excellent in quality for invertebrates (insects) but only moderate to poor for vegetation. The site will be monitored again in 2009. 4. Anderson Lakes West (EP-14) – This pond is located within a city-owned outlot on the west side of Southwest Anderson Lakes. Baseline data was collected for this pond as it is scheduled for repair and removal of stormwater sediments as part of the Anderson Lakes water quality improvement project. The pond was determined to be moderate quality. The site will be monitored after the construction and planting is complete. In the overall WHEP program, 32 wetlands were sampled in Hennepin County during 2008. Altogether volunteers provided more than 1,800 hours of time for the project. The vegetation analysis was consistent with previous trends, with more than half of the wetlands rated as Moderate. Attachments • WHEP Contract Contract No: A090023 AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND HENNEPIN COUNTY ENVIRONMENTAL SERVICES THIS AGREEMENT is dated ______________, 2009, by and between the City of Eden Prairie, a Minnesota municipal corporation located at 8080 Mitchell Road, Eden Prairie, MN 55344 (“City”), and Hennepin County Environmental Services located at 417 North Fifth Street, Minneapolis, Minnesota 55401-1397 (“County”). WITNESSETH WHEREAS, the City is willing to cooperate with the County on the Wetland Health Evaluation Program (“Program”). and WHEREAS, the County represents that it has the professional and technical expertise and capabilities to perform it’s duties on this Program, THE PARTIES therefore agree as follows: I. TERM OF AGREEMENT The term of this Agreement shall commence on April 1, 2009 and expire March 31, 2011. II. DUTIES OF COUNTY A. The County agrees to provide the services in accordance with the County’s Wetland Health Evaluation Program Summary, (Exhibit A), and the County’s Estimate of Program Tasks (Exhibit B), which are hereby incorporated into this agreement and made a part hereof. B. The County shall provide the above-mentioned services on a lump sum fee basis per the attached fee schedule located in Exhibit C for 2009 and 2010. The funding formula is $800 per wetland, plus $800 per quality assurance recheck. The total amount of work authorized by this Agreement including reimbursable expenses and testing services shall not exceed $8,000.00 without written authorization from the City. C. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The liability of Hennepin County and the City of Eden Prairie shall be governed by the provisions of the Minnesota Municipal Tort Claims Act, Minnesota Statutes 466 and other applicable law. Common law immunities and defenses are not waived D. It is agreed that nothing in this Agreement is intended or should be construed in as creating or establishing the relationship of copartners between the parties or as constituting the 1 Contract No: A090023 County staff as the agents, representatives or employees of the City for any purpose in any manner whatsoever. The County and its staff are to be and shall remain an independent County with respect to all services performed under this Agreement. The County represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the County or other persons, while engaged in the performance of any work or services required by the County under this Agreement shall have no contractual relationship with the City and shall not be considered employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims on behalf of any person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the County, its officers, agents, County or employees shall in no way be the responsibility of the City; and the County shall defend, indemnify and hold the City, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not be required nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. E. It is understood that the County is self-insured. F. The books, records, documents, and accounting procedures of the County, relevant to this Agreement, are subject to examination by the City, and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 16C.05, Subdivision 5. G. The parties agree to comply with all applicable local, state and federal laws, rules and regulations in the performance of the duties of this Agreement in effect at the time of the Agreement. H. The City and County agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement, to mediation. The mediation shall be by a mediator selected by the parties. If the parties are unable to agree upon a mediator either party may request that the Chief Judge of Hennepin County District Court appoint the mediator. An Agreement reached in mediation is enforceable by either party. In the 2 Contract No: A090023 event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. I. The County agrees to comply with the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 and not discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs or activities. The County agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorney’s fees and staff time, in any action or proceeding brought alleging a violation of ADA and/or Section 504 caused by the County. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs and activities. The City has designated coordinators to facilitate compliance with the Americans With Disabilities Act of 1990, as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. J. The County agrees that the City will have the right to use, reproduce, and modify, as it desires any data, reports, analyses, and materials which are collected or developed by the County as a result of this Agreement. Any reuse shall be at the City’s sole risk and the City shall defend, indemnify, and hold harmless County from any and all claims arising therefrom. K. County shall use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession practicing in the same locality. L. Any delays in or failure of performance by City or County, other than payment of money, shall not constitute default if and to the extent such delays or failures of performance are caused by occurrences beyond the control of City or County, as the case may be, including but not limited to: act of war; rebellion or sabotage or damage resulting therefrom; fires, floods, explosion, accidents; or any causes, whether or not of the same class of kind as those specifically above named, which are not within the control of City or County, respectively, and which by the exercise of reasonable diligence, City or County are unable to prevent. M. County shall retain its rights in its standard drawing details, designs, specifications, databases, computer software and any other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the services shall remain the property of the County. County has no objection to the City reusing the drawings and 3 Contract No: A090023 documents in its possession from the County with the limitations specified in Paragraph J of this Agreement. N. Since the County has no control over the cost of labor, materials, or equipment furnished by others, or over the resources provided by others to meet project schedules, County’s opinion of probable costs and of project schedules shall be made on the basis of experience and qualifications in Environmental Services. The County does not guarantee that the proposals, bids, or actual costs will not vary from County’s cost estimates or that actual schedules will not vary from the County’s projected schedules. O. Nothing in this Agreement constitutes a waiver by the City or County of any statutory or common law defenses, immunities, or limits on liability. The indemnification obligations of the City or County under this Agreement shall be governed by the provisions and limitations of Minn. Stat. Chap 466. III. DUTIES OF THE CITY The City agrees to pay the County for the County’s services on a fee and reimbursable cost basis per the attached schedule Exhibit A. The total amount of work authorized by this Agreement shall not exceed $8,000.00 without written authorization from the City. The City shall pay the County within thirty (30) days of receiving the County’s invoice outlining the costs and expenses of the County. IV. MISCELLANEOUS A. This Agreement represents the entire Agreement between the County and the City and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. B. The parties agree to comply with all applicable local, state and federal laws, rules and regulations in the performance of the duties of this Agreement. V. TERMINATION This Agreement may be terminated by the City or the County with or without cause at any time upon thirty (30) days written notice. In the event that such termination should take place at a time other than the completion of the work to be performed under this Agreement, the County shall be paid for the work performed to the date of termination. 4 Contract No: A090023 5 CITY OF EDEN PRAIRIE DATED: ___________________________ BY: ___________________________ Mayor DATED: ___________________________ BY: ___________________________ City Manager COUNTY ADMINISTRATOR APPROVAL Reviewed by the County Attorney’s COUNTY OF HENNEPIN Office STATE OF MINNESOTA ______________________________ By: ________________________________ Assistant County Attorney County Administrator By: ________________________________ Assistant County Administrator - Public Works Date: ______________________________ Recommended for Approval By: _________________________________ Director, Department of Environmental Services Date: ________________________________ CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: March 17, 2008 DEPARTMENT/DIVISION: Leslie Stovring Public Works / Environmental ITEM DESCRIPTION: Conservation Commission - 2008 Annual Report and 2009 Work Plan ITEM NO.: VIII.E. Requested Action Move to: Receive the Conservation Commission 2008 Annual Report and Approve its 2009 Work Plan. Synopsis The Conservation Commission has finished their second year and the 2007 Annual Report and 2008 Work Plan lists the accomplishments made for 2007 and their goals for 2008. Background Information The Conservation Commission met with the City Council at the February 17, 2009 City Council Workshop to present its 2008 Annual Report and 2009 Work Plan. Some of the Commission’s 2008 accomplishments included: • Joined with the Chamber of Commerce to provide environmental messages at the Home, Landscape and Garden Everything Expo in March 2008. • Coordinated and helped promote the Change a Light Campaign. • Continued working with the 20-40-15 Program to assist in developing recommendations for the program to City Council. • Held a Pond & Lake Care Workshop in April 2008, approximately 30 residents attended. • Helped develop and promote a workshop on how to build and use a rainbarrel in June. • Helped develop articles for the Spring and Winter Environmental Times which is distributed as a utility bill insert. • Provided recycling services at Sunbonnet Days. • Staffed educational booths at community events such as July 4th at Round Lake and environmental fairs at Pax Christi St. Andrews churches. • Helped develop two new rebate programs, one for raingarden construction or shoreline restoration projects and one for upgrading irrigation systems to improve water conservation. For 2009, the Commission intends to continue working on providing educational workshops to residents and develop ideas to supplement the 20-40-15 and Stormwater (NPDES) Programs. The Commission will continue to work with the Chamber of Commerce to promote the Home, Landscape and Garden Everything Expo and to incorporate ideas or policies for LEED Certification or energy conservation for businesses within Eden Prairie. The Commission has proposed a budget of $18,500 for energy conservation education and programs to be implemented in 2010. This request will be evaluated during the upcoming budget cycle. Attachments 2008 Annual Report and 2009 Work Plan CITY OF EDEN PRAIRIE CITIZEN ADVISORY CONSERVATION COMMISSION 2008 ANNUAL REPORT & 2009 WORK PLAN 2008 ANNUAL REPORT I. INTRODUCTION The Conservation Commission (CC) was established in October 2005 and had their first meeting on April 11, 2006. The CC was established “to advance and support the health and development of the citizens and natural environment of Eden Prairie through comprehensive environmental protection, conservation efforts, and natural resource management” through actions such as recommending best practices for energy conservation; encouraging residential and business recycling programs; encouraging reduction in municipal solid waste; encouraging reductions in air and water pollution; promoting health for citizens by encouraging a community designed for walking, exercise and recreation; and promoting establishment of targets for reduction of greenhouse gas emissions. II. MEMBERSHIP There were eight members and six student representatives who served during 2008. Commission members who served in 2008 included: Members Member Since Term Expires 1 Eapen Chacko, Chair 4/2006 3/31/2009 2 Laura Jester, Vice-Chair 4/2007 3/31/2010 3 Ray Daniels 4/2006 3/31/2011 4 Sean Katof 8/2007 3/31/2009 6 Geneva MacMillan 4/2006 3/31/2011 7 Jan Mosman 4/2006 3/31/2009 8 James Maslyn, student 9/2007 4/30/2008 9 Ann Wachutka, student 9/2007 4/30/2008 10 Vallari Ajgaonkar, student 1/2008 4/30/2009 11 Michael Caughill 9/2008 4/30/2009 12 Alexandra Baumhardt 9/2008 4/30/2009 The CC serves in an advisory capacity to the City Council. CC regular meetings were scheduled for the second Tuesday of each month at 7:00 PM. Conservation Commission 2007 Annual Report and 2008 Work Plan Page 2 of 7 III. ACCOMPLISHMENTS A. Energy Conservation for Citizens and Businesses PROJECTS ITEMS Change a Light Campaign Worked with Xcel Energy and Hennepin County to develop ideas on promoting the Change A Light Campaign. Materials were developed, including a posting for the City’s Conservation Ideas web site, a flyer to hand out at Sunbonnet Days and at City Hall and a Public Service Announcement (PSA) to show on local cable television. 46 residents pledged online, replacing 592 bulbs for an energy savings of 166,944 kWh and a cost savings of $15,526. Change a Light Campaign Staffed an educational booth at the Antiques Fair at Dunn Brothers in August 2008 to promote the use of fluorescent bulbs Environmental Times Educational Articles Provided educational articles in the Winter 2008 Environmental Times: “Energy Saving Tips”, “LED Lighting” and “Save Energy with a Programmable Thermostat” Water Conservation Rebates • Established a new rebate program for upgrading existing irrigation systems to include a rain sensor or smart controller system to conserve water and energy. A total of $2,993 was spent on the rebate program in 2008. • The Appliance Rebate program continued in 2008 and $12,848 was distributed to residents as rebates. B. Energy Conservation in City Government Operations PROJECTS ITEMS 20-40-15 Program Continued to meet with the 20-40-15 Program Coordinators to discuss the program and future opportunities to work with the Commission. McKinstry and staff met with the Commission twice during 2008 to discuss Phase I and Phase II activities and to assist in developing recommendations to present to City Council. C. Comprehensive Residential and Business Recycling Program / Municipal Solid Waste (MSW) Reduction and Management The City’s recycling program continues to provide education to help residents and businesses recycle, reduce waste, prevent pollution, manage yard waste and conserve resources. PROJECTS ITEMS Annual Recycling Report Reviewed the Community Residential Recycling Report for 2007 and the City’s recycling program. Sorting Debate Speaker The Commission met with Mr. Tim Goodman, Tim Goodman & Associates, to discuss single-sort versus dual-sort recycling methods. Rethink Recycling Campaign Worked with Hennepin County in developing articles on container recycling in coordination with the County campaign for this topic. “Rethink Recycling: Can & Bottle Fun Facts” article was in the Spring 2008 Environmental Times and the “Bottles & Cans: Can I Recycle It?” article was in the Winter 2008 Environmental Times. Recycling at City Events Staffed a recycling station at Eden Prairie Sunbonnet Days in September. Multi-Family Recycling A City Code revision requiring that recycling be provided in multi-family dwellings was enacted July 1, 2008. Conservation Commission 2007 Annual Report and 2008 Work Plan Page 3 of 7 D. Reduction of Air and Water Pollution / Environmental Review The CC provides support to a variety of local water planning efforts, including the Phase II Storm Water Pollution Prevention Plan (SWPPP), the Local Water Management Plan (LWMP) and the Wellhead Protection Plan (WHPP). Projects completed in 2008 included: PROJECTS ITEMS Environmental Event Participated in the Chamber of Commerce Yard & Garden Expo in April 2008 by providing a variety of speakers and exhibitors on topics such as energy conservation, native plant landscaping and stormwater management. Pond & Lake Care Seminar Sponsored a workshop for residents on Pond and Lake Care in May 2008. Approximately 30 residents attended the seminar. Goose Management Reviewed the annual goose management program and submitted the final plan to the City Council. Native Landscaping Rebate Program Established a grant program for residents who are doing a shoreland restoration or rainwater garden construction project. Four $500 rebates were issued in 2008. Environmental Times The Environmental Times was sent out as a utility bill insert in the spring and winter. Related topics for 2008 included: Spring 2008 - “Rain Barrels are Back!”, “New: Irrigation System Rebate” “Water Conservation & our Yards” and a call for Wetland Health Evaluation Program (WHEP) volunteers Winter 2008 – “Water Quality Update” focusing on the Nine Mile Creek Watershed District lake improvement project status Rainbarrel Workshop Developed a workshop for the construction and use of rain barrels. The workshop was held through the Community Education program in June 2008. Seventeen residents registered for the event. Lake Sampling Program – 2007 Results Met with Steve McComas from Blue Water Science to discuss the work done in 2007 as well as work proposed for 2008. E. Encouraging a Community Designed for Walking, Exercise and Recreation The CC had not begun work on this goal. The Parks, Recreation and Natural Resources Commission (PRNRC) was contacted to determine if the CC could provide assistance with this initiative. It was determined that the PRNRC is currently working on this and no inputs are needed at this time. The Commission intends to be available for joint projects or to provide assistance as needed. F. Promote Establishment of Targets for Reduction of Greenhouse Gas Emissions in Eden Prairie The Commission worked on a number of programs that would address reduction of greenhouse gas emissions, including the Change A Light Campaign and the 20-40-15 Program. Work items for this are combined with Item D. G. General Activities The Commission also participated in a number of initiatives and programs that are related to the general scope of work of the Commission, but are not included as a detailed initiative. These include: Conservation Commission 2007 Annual Report and 2008 Work Plan Page 4 of 7 PROJECTS ITEMS Environmental Events • Staffed an educational booth at Pax Christi’s Environmental Expo in January 2008 • Staffed an educational booth at a brunch meeting held at the St. Andrews Church in May 2008 • Staffed an educational booth at the City’s July 4th event in July 2008. Cross - Community Relations Met with the Environmental Commission from Chanhassen and the Energy and Environment Commission from Edina in January 2008 to discuss potential project ideas. Commission Meetings Attended a Parks & Recreation Commission meeting in March 2008. Conservation Commission 2007 Annual Report and 2008 Work Plan Page 5 of 7 2009 ANNUAL PLAN A. Energy Conservation for Citizens and Businesses The Conservation Commission (CC) will be looking at a number of initiatives within this area including: • Evaluation of green building codes being used in other City’s within the metropolitan area and the role of incentives for encouraging green building • Explore opportunities for holding a workshop to provide information on how homeowners can incorporate energy conservation measures into their home • Develop communication pieces to educate residents on energy conservation, including articles for the Environmental Times and Conservation Ideas web site. • Continue to work with the Chamber of Commerce to provide speakers on energy conservation to businesses as well as residents. B. Energy Conservation in City Government Operations The CC will continue to track the 20-40-15 program to determine how best they can continue to support this initiative. C. Residential and Business Recycling Program / Municipal Solid Waste (MSW) Reduction and Management The CC will continue to receive updated information on the City’s recycling and solid waste program through an annual report in March. Proposed measures include: • Develop an educational piece for distribution to multi-family complexes and their residents on the new requirements. • Develop educational pieces for the City’s Environmental Times in coordination with Hennepin County’s 2009 Rethink Recycling Campaign. • Staff the City-wide clean up and provide educational materials to residents who come to the clean up • Provide recycling opportunities at key City events D. Reduction of Air and Water Pollution / Environmental Review The CC is the designated review body for the Phase II Storm Water Permit Program, including the Storm Water Pollution Prevention Plan (SWPPP) and Phase II Non-degradation Report and the Local Water Management Plan. The CC will participate in: • Review of the Local Water Management Plan update scheduled for 2009. • Develop public service announcements, education materials or programs on items such as stormwater treatment, wellhead protection, shoreline restoration, storm drain stenciling, alternative landscaping, phosphorus free fertilizer or aquatic plant management. • Develop Neighborhood Notes brochures as needed to help keep residents informed about current Watershed District projects. • Review the native landscaping rebate program to determine the success and potential expansion of the program. • Promote the use of water conservation incentives. Conservation Commission 2007 Annual Report and 2008 Work Plan Page 6 of 7 Conservation Commission 2007 Annual Report and 2008 Work Plan Page 7 of 7 2009 CC Meeting Schedule / Presentations / Events / Major Topics Month Key Topics / Issues January • Review and approve Annual Report and Charter Revision for submittal to Council • Speaker(s) – Status of lake studies and creek projects conducted in 2008 • Eden Prairie Schools Science Fair – set up and staff a booth for the commission February • 20-40-15 Status and Update • Finalize plans for Yard & Garden Expo exhibit (Chamber of Commerce) • Discuss upcoming programs for infiltration and water conservation March • Environmental Times articles for Spring edition due • Recycling Report review • Complete budget proposal for energy conservation incentives • Chamber of Commerce Yard & Garden Expo (2 speakers – stormwater & sustainability?) – staff two booths (recycling and general commission information) April • EPA Phase II Public Meeting – Speaker to provide update on status of stormwater permit program during the meeting? • Local Water Management Plan update – Speaker to provide information on link between stormwater plans, watershed management plans and the LWMP and the process on what needs to be done to update the plan? • Park Clean Up Event – any way to participate? • Spring Seminar – Infiltration May • Evaluate local green building codes or policies within metro area and develop plan to forward to the City Council for consideration • Presentation of the SWPPP and Annual Report to the City Council June • Evaluate commercial recycling requirements and consider revising city code as needed • Evaluate ideas for energy conservation initiatives, rebates or educational programs • Rainbarrel education seminar (Outdoor Center) • City Clean Up • Art & Antique Fair – staff recycling station and booth at event July • Local Water Management Plan review • Review results of annual clean up • Develop a topic for Fall Seminar (September?) • July 4th Celebration – staff recycling station and booth at event August • Joint meeting with Parks Commission? • Participation ideas for America Recycles Month (November) September • Educational event – Energy Conservation? • Environmental Times articles due for Winter Edition • Sunbonnet Days – staff recycling station and booth October • Complete Local Water Management Plan review for submittal to City Council for approval November • 20-40-15 Status and Update • Start development of 2009 Annual Report / 2010 Work Plan December • Plan for 2010 Environmental Events • Finish Work Plan for 2010 CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: March 17, 2009 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: I.C. 08-5736 Award Contract to John A. Dalsin & Son, Inc. for the Replacement of the Water Treatment Plant Roof ITEM NO.: VIII.F. Requested Action Move to: Award contract for the removal and replacement of the water treatment plant roof to John A. Dalsin and Son, Inc. of Minneapolis, in the amount of $1,417,206 to be paid from the Utility Construction fund. Synopsis The City of Eden Prairie Utilities Division opened sealed bids on March 3, 2009 for the replacement of the roof on the water treatment plant. The bid tabulation from the three contractors who submitted bids is attached. The bids were evaluated based upon a bidder’s qualification rating system prescribed in the project specifications. The low bid received the maximum possible number of qualification points, making John A. Dalsin & Son, Inc. the least- cost, fully qualified contractor for the project. Background Information The water treatment plant roof has been leaking in various places for approximately 12 years, and despite multiple repair attempts by the contractor who originally installed the roof, the leaks persisted and became much worse over time. Eden Prairie Utilities hired an independent consultant to evaluate the problem, who advised us that a complete replacement of the roof is necessary. The consultant also discovered problems which are the result of the design and/or installation, resulting in an attempt through legal means to obtain cost participation by the responsible engineers and/or contractors. Do to the degraded condition of the roof, concerns about mold, and the rapidly deteriorating condition of the ceilings in the facility, staff recommends proceeding with the project before the lengthy legal process determines if we can expect warranty restitution from the roofing contractors or engineer firm who designed the roof. Staff recommends acceptance of the low bid to remove and replace the existing roof. The project will be paid from the Utility Construction Fund. Attachment • Bid Tabulation Sheet • Bid Recommendation Letter CITY OF EDEN PRAIRIE WATER TREATMENT PLANT 2009 ROOF REPLACEMENT EPI 08-964 RECAP OF BIDS Bid Due Date: Tuesday, March 3, 2009 Time: 10:00 AM CONTRACTORS BASE BID BIDDER QUESTIONAIRE BID BOND AFFIDAVIT OF NON-COLLUSION COMMENTS Berwald Roofing Company, Inc. 2440 N. Charles Street North St. Paul, MN 55110 1,592,000.00 Yes Yes No John A. Dalsin & Son, Inc. 2830 South 20th Ave. Minneapolis, MN 55407 1,417,206.00 Yes Yes Yes McPhillips Brothers Roofing Company 2590 Centennial Drive St. Paul, Mn 55109 1,625,000.00 Yes Yes Yes Peterson Brothers Roofing & Construction Inc. 481 Burgess Street St. Paul, MN 55117 No Bid --- --- --- Environmental Process, Inc. 715 Florida Avenue South, Suite 111, Golden Valley, MN 55426-1700 Phone: 763-398-3040 • Fax: 763-398-0121 • email: epimpls@rconnect.com • www.go-epi.com March 4, 2009 Mr. Rick Wahlen Manager of Utility Operations City of Eden Prairie 14100 Technology Drive Eden Prairie, MN 55344 Re: City of Eden Prairie Water Treatment Plant 2009 Roof Replacement EPI Project No. 08-964 Dear Mr. Wahlen: Environmental Process, Inc. (EPI) reviewed the Water Treatment Plant - 2009 Roof Replacement project work scope with Mr. Jim Dalsin of John A. Dalsin & Son, Inc. and there were no questions. Jim Dalsin indicated that they will be ready to start work per the tentative schedule. A detailed work schedule will be discussed in the preconstruction meeting. The Project Superintendent will be Tom Fouquette and the On-Site Foreman will be Tom Efta. John A. Dalsin & Son, Inc. is based in Minneapolis, Minnesota. EPI has not worked with John A. Dalsin & Son, Inc. in the past. In reviewing the bidder questionnaire and qualifying project references, John A. Dalsin & Son, Inc. has previously completed similar roof replacement projects successfully and on time. One of the references contacted indicated he has worked with John A. Dalsin & Son, Inc. for ten (10) plus years and that they are one of only a few roofing contractors that they allow to work on their buildings. John A. Dalsin & Son, Inc. received a rating of twenty (20) points out of a maximum of twenty (20) points as in the bidder’s qualifications rating system per the specifications. A minimum of twelve (12) points is required to qualify all bidders. Based on the review of project work scope with John A. Dalsin & Son, Inc., review of qualifying project references, and the fact that they are the low bidder and meet the requirements of contractor qualifications per the specifications we recommend awarding the project to them. EPI recommends that the base bid cost of $1,417,206.00 for the City of Eden Prairie Water Treatment Plant – 2009 Roof Replacement Project be accepted from John A. Dalsin & Son, Inc. City of Eden Prairie – Water Treatment Plant 2009 Roof Replacement EPI No. 08-964 Page 2 of 2 Please contact us if you need any additional information. Sincerely: ENVIRONMENTAL PROCESS, INC. Charles A. Lane, IFC™, AIA, CID, PE, SE, CIH, CSP Denny R. Langer, PE President/CEO Project Manager Copy: Steve Pitkanen, City of Eden Prairie Gene Dietz, City of Eden Prairie Paul Sticha, City of Eden Prairie Marc Thielman, City of Eden Prairie Siira Gunderson, Gregerson, Rosow, Johnson & Nilan, Ltd. EPI File No. 08-964 Attachments: Recap of Bids Contractor Qualification Points Summary and Tables Qualifying Project References Phone Notes CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 17, 2009 DEPARTMENT/DIVISION: Police Department Lieutenant James Morrow ITEM DESCRIPTION: Resolution Declaring "Abandoned Property" ITEM NO.: VIII.G. Requested Action Move to: Adopt resolution declaring property as "abandoned property." Synopsis The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment, and miscellaneous items that remain unclaimed. City Code 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a resolution by City Council to declare unclaimed property that has been in the possession of the City for over 90 days as "abandoned property." Background Information In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days. In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police Department would like to convert certain items for City use. Attachment Resolution - Declaration of Abandoned Property. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2009- DECLARATION OF ABANDONED PROPERTY WHEREAS, City Code 2.86 Subd. 2 requires adoption of a resolution by City Council to declare unclaimed property such as bicycles, stereo/electronic equipment, and miscellaneous items as "abandoned property;" and WHEREAS, the property has lawfully come into the possession of the City in the course of municipal operations; and WHEREAS, the property remains unclaimed by the owners; and WHEREAS, the property has been in the possession of the City for over 90 days. NOW THEREFORE, BE IT RESOLVED that the City of Eden Prairie declares the unclaimed property as "abandoned property." ADOPTED by the City Council on March 17, 2009. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk Category Case Number Description Abandoned Property for Auction Exhibit A Bicycle (B)2008035005 Giant Boulder Black/Silver Bicycle Bicycle (B)2008036910 Haro F2 Series Freewheel Bicycle, Red in Color Bicycle (B)2008037261 Magna Glacier Point Mountain Bicycle, Pink, torn seat & Bell Cable Lock Bicycle (B)2008038542 Next Bella Vista Bicycle, Teal in Color, Missing Seat Bicycle (B)2008039716 Next Powerclimber Pink Girls Bike, Dual Suspension w/Bell Gel Fusion Seat Cover Bicycle (B)2008039744 Magnum Tamer 6-speed Bicycle, Blue, Model 8596-57 Bicycle (B)2008040032 Schwinn World Tourist 10- Speed, Brown Mens Bicycle Bicycle (B)2008040291 Magna Imposter Black & Yellow Bicycle, Boys Bicycle (B)2008042865 Marvishi Road Ace 6 Brown or Maroon Racer Style Mens Bike, MN Lic: 7040914 (1986-1988) Bicycle (B)2008045826 Roadmaster Elevation, Blue, 12-speed Mountain Bike Bicycle (B)2008045928 Open Road 4000 GTX Black/ White 12-speed Bicycle Bicycle (B)2008046466 Roadmaster MT Sport 5x Bicycle, Blue/White/Purple Bicycle (B)2008047989 Magna Mens Blue Mtn Bicycle, 21-speed w/lock Bicycle (B)2008050431 Magna Cityscape Mens Mtn Bicycle - Tan/Blk/Orange 14 # of Items Shoes (D)2006004156 Adidas Superstar II Shoes, Size 9 1/2 - Item #8 Shoes (D)2006004156 Nike LeBron James Shoes, Size 10 - Item #9 2 # of Items Bracelet (J)1998029395 Mens 18k Gold Bracelet Necklace (J)1998029395 Jade Necklace Necklace (J)1998029395 Matching Necklace & Bracelet - 18k Gold Necklace (J)1998029395 Partial Strand of White Beads/Pearls Necklace (J)1998029395 Gold Colored Necklace Necklace (J)1998029395 White Beads/Pearl type Necklace Ring (J)1998029395 Females 14k Gold Ring w/Blue Center Stone & Clear surrounding Stones Ring (J)1998029395 14k Gold Ring w/Diamond Stone in the Center Ring (J)1998029395 10k Gold Ring w/Pearl in the Center & 1 Clear Stone on either side Necklace (J)1998029395 Colibel Gold Colored Necklace w/Watch Pendant Ring (J)1998029395 10k Gold Ring w/(2) Pearls Bracelet (J)1998029395 Silver Colored Bracelet w/(13) Clear Stones Bracelet (J)1998029395 (6) Small Gold-Colored Bracelets Bracelet (J)1998029395 Gold Colored Bracelet w/ Black & Clear Stones over half of Bracelet Bracelet (J)1998029395 Gold Colored Bracelet w/ Clear Stones over half of Bracelet Bracelet (J)1998029395 Pearl-Type Bracelet Necklace (J)1998029395 Gold Colored Necklace w/ Opal Pendant Necklace (J)1998029395 (3) Strand Pearl-type Necklace Bracelet (J)1998029395 18K Bracelet, Small Bracelet (J)1998029395 (7) Bracelets, Small, Gold in Color Necklace 2002032137 Silver Colored Chain w/Pendant, Item #2 Ring 2002032137 Silver Colored Ring w/Clear Solitare Stone in Center, Item #3 13/6/2009Report Date: Category Case Number Description Abandoned Property for Auction Exhibit A Bracelet (J)2002032137 Silver Colored, Linked Bracelet, Item #4 Earrings (J)2002032137 Earring - Clear Stone Stud, Item #5 Necklace (J)2002032137 Red Emblem Pendant w/Gold Lettering, Item #6 Watch (J)2002032137 Jacques Edho Watch, Item #10 Watch (J)2002032137 Female Gucci Watch, Item #15 Watch (J)2007045345 Pg 02 - #04 - Guess Watch, Mens Ring (J)2008032393 Pg 01 - #01 - Silver colored womans ring w/clear stones (anniverary type ring) 29 # of Items Lighter (P)2007045345 Pg 02 - #07 - Refillable Lighter Sunglasses (P)2007045345 Pg 02 - #06 - (2) Pair of Sunglasses Sunglasses (P)2008013204 Pg 01 - #14 - (5) Sunglasses- See Report for Description Glasses/Hearing Aids (P) 2008013204 Pg 01 - #13 - (1) Foster Grant Silver & Black Frame Glasses in Brown Case 4 # of Items Play Station (R)2007043136 Pg 01 - #03 - Sony (Play Station Portable) PSP Game System, Black Ipod (R)2007045345 Pg 02 - #02 - Black Apple iPod Ipod (R)2007045345 Pg 02 - #01 - White Apple iPod w/Black Case DVD Player (R)2008017647 Insignia DVD Player & Monitor Ipod (R)2008018091 Apple i-Pod in Gray Sleeve w/Sony Earphones Game Boy (R)2008032794 Pg 01 - #01 - Game Boy Advance Video Game (R)2008032794 Pg 01 - #02 - Pokeman Game (Inside Game Unit) 7 # of Items Car Jack 2008039366 Pg 01 - #01 - GM 2 1/2 Ton Vehicle Jack w/Led Light 1 # of Items Flashlight (X)2008013204 Pg 01 - #05 - Coleman Powermate Flashlight Screwdriver (X)2008013204 Pg 01 - #23 - Small Portable Bit Set on Key Chain - Purple (Screwdriver set) 2 # of Items Bedding 2004044842 (2) Sets of Sheets, Queen, Croscill Snowbrush 2008013204 Pg 01 - #27 - (2) Snowbrushes, (1-Red, 1-Blue/Blk) Gadget 2008013204 Pg 01 - #07 - Ionic Breeze Car Gadget Letter Opener 2008013204 Pg 01 - #20 - Letter Opener w/ Green Handle, Gold Blade Compact Disc (Y)2008034738 Contents from Backpack - 42 Misc Casino Tokens Doll (Y)2008043718 Misc Toys, Dolls, Stuffed Animals & Piggy Bank 6 # of Items 65 23/6/2009Report Date: Category Case Number Description Abandoned Property for Conversion for City Use Exhibit B Conversion Purpose Camera (C)2008007582 Pg 02 - #09b - Canon Digital Power Shot SD95015 Camera SWHDTF 1 # of Items Computer, Laptop (O)2008007582 Pg 05 - #28a - Apple MacBook Laptop w/Charger SWHDTF Safe (O)2009004933 Pg 03A - #10a - Sentry Safe (per Tim Olson voice mail) SWHDTF 2 # of Items Currency - Cash/Coin (T)2008017562 Pg 01 - #02 - $57 Cash City of Eden Prairie Currency - Cash/Coin (T)2008054845 $2.53 in coins City of Eden Prairie 2 # of Items Tools-Other (X)2004048040 Screwdriver - #4 City of Eden Prairie Tape Measurer 2008013204 Pg 01 - #24 - Stanley Powerlock 10' Measuring Tape City of Eden Prairie 2 # of Items Power Cord 2007043136 Pg 01 - #04 - Electrical Power Cord City of Eden Prairie Adaptor 2007043136 Pg 01 - #05 - Car Adaptor Power Cord City of Eden Prairie Power Cord 2007043136 Pg 01 - #06 - Samsung Power Cord City of Eden Prairie Charger (Y)2008013204 Pg 01 - #10 - (4) Chargers EPPD Use 4 # of Items 11 13/6/2009Report Date: CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 17, 2009 DEPARTMENT/DIVISION: Office of City Manager, Information Technology/Lisa Wu ITEM DESCRIPTION: Declare obsolete computer equipment as surplus ITEM NO.: VIII.H. Requested Action Move to: Declare obsolete computer equipment as surplus and authorize the City Manager to dispose of property to manage end of life computers, monitors and electronics using Asset Recovery Corporation’s services and the State of Minnesota as authorized under City Code Section 2.86, Subd. 3. Synopsis The City has a surplus of end of life computer equipment. The computer equipment is of no use and will be recycled for the cost of $0.15 per pound. All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. Attachment List of Surplus Equipment Asset RecoveryManufacturerItemModel #Serial #Reason for disposalDell17" MonitorE771aMY‐08J854‐44632‐1CJ‐80SSBrokenDell17" MonitorM782pCN‐1K525‐47803‐319‐LANABrokenDell17" MonitorM783aMY‐0N9133‐47603‐58B‐BVEWBrokenDell17" MonitorE770sMY‐0881UM‐476‐19P‐EP9EBrokenDell17" MonitorE770sKR‐02010U‐47602‐122‐BKD3BrokenDell17" MonitorE770sMY‐02010U‐47608‐14E‐E6P4BrokenDell17" MonitorE772cCN‐09M556‐64180‐27A‐83KRBrokenDell17" MonitorE772cCN‐09M556‐64180‐27U‐01CBBrokenDell17" MonitorM782pMX‐DBG157‐47605‐37L‐BP4GBrokenDell17" MonitorE773aCN‐CNOY1352‐47609‐4CG‐FJKNObsoleteDell17" MonitorE773aCN‐O1K525‐47603‐2C4‐GRWSObsoleteDell17" MonitorE770sMY‐0881UM‐476O8‐190‐EKHTObsoleteDell17" MonitorE770sMY‐0881UM‐476O8‐190‐EKD2ObsoleteDell17" MonitorE770sMY‐0881UM‐476O8‐190‐EKPZObsoleteSamsung13" TELEVISIONCT‐330TM1310067 BrokenRCAVCRE721B609531916 BrokenRCAVCRVP200747411956 BrokenSONYVCRSVL‐N716152006 BrokenPANISONICVCRAG‐2550PJ7KD00196BrokenMITSUBISHIVCRHS‐347VR775C386A1ObsoleteSYMPHONIC13" TV/VCR COMBOMK3NABrokenDellCOMPUTERDIMENSION L800CX3 FO7MP01Obsolete, Stripped of all working parts DellCOMPUTEROPTIPLEX GX27070DPZ41Broken, Stripped of all working partsDellCOMPUTEROPTIPLEX GX2805MPNR71Broken, Stripped of all working partsDellCOMPUTERDIMENSION 2100GBFG711Obsolete, Stripped of all working partsDellCOMPUTERDIMENSION 45003Y4VT11Obsolete, Stripped of all working partsDellCOMPUTERDIMENSION 45509CJN621Obsolete, Stripped of all working partsDellCOMPUTEROPTIPLEX GX270FWWH741Broken, Stripped of all working partsDellCOMPUTEROPTIPLEX GX270F9RKG51Broken, Stripped of all working partsHPPRINTER1100CNBR645797BrokenRICOHCOPIERFT4415Broken2 X PS2 MOUSEObsolete9 X PS2 KEYBOARDSObsolete CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: March 17, 2009 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance ITEM DESCRIPTION: Payment of Claims ITEM NO.: X. Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 184379 – 184791 Wire Transfers 3341 – 3370 3348-3358 US Bank Purchasing Cards 158 Adult Recreation 812 Fleet Internal 201 Total General Funds 286,377 309 Total Special Revenue Funds 128 418 Total Debt Funds 1500 City of Eden Prairie Council Check Summary 3/17/2009 Division Amount Division Amount General 144,319 315 Economic Development 22,867 100 City Manager 326 502 Park Development 325 101 Legislative 2,023 503 Utility Improvement 27,997 110 City Clerk 3,601 506 Improvment Bonds 1996 8,956 111 Customer Service 5,201 509 CIP Fund 185,183 112 Human Resources 928 520 Parks Referendum 589 113 Communications 8,585 524 Sprint / Nextel 25 114 Benefits & Training 4,983 Total Capital Project Funds 245,941 116 Facilities 3,162 117 City Center 281 601 Prairie Village Liquor 110,688 119 Cmty Center - Facilities 186 602 Den Road Liquor 124,623 130 Assessing 6 603 Prairie View Liquor 86,889 131 Finance 3,512 605 Den Road Building 2,439 132 Housing and Community Services 66 701 Water Fund 25,450 133 Planning 2,149 702 Sewer Fund 271,355 136 Public Safety Communications 14,639 703 Storm Drainage Fund 5,862 137 Economic Development 40 Total Enterprise Funds 627,306 138 Community Development Admin.498 150 Park Administration 947 802 494 Commuter Services 23,172 151 Park Maintenance 7,882 803 Escrow Fund 320 152 Parks Capital Outlay 2,341 Total Agency 23,492 153 Organized Athletics 6,141 154 Community Center 10,582 807 Benefits Fund 985,067 156 Youth Programs 361 811 Property Insurance 810 158 Adult Recreation 1,2861,286 812 Fleet Internal Service Service 24,29324,293 159 Recreation Administration 5,350 813 IT Internal Service 23,188 161 Oak Point Pool 19,365 815 Facilites Operating ISF 28,100 162 Arts 386 816 Facilites City Center ISF 19,941 163 Outdoor Center 556 817 Facilites Comm. Center ISF 84,510 164 Park Rental Facilities 187 Total Internal Service Funds 1,165,910 168 Arts Center 34 180 Police 16,582 183 Emergency Preparedness 1,887 Report Totals 2,350,653 184 Fire 12,671 186 Inspections 150 200 Engineering 2,560 Street Maintenance 2,604 301 CDBG 39 308 E-911 69 DWI Forfeiture 20 HRA 2002A Lease Revenue Bonds 1500 City of Eden PrairieCouncil Check Register3/17/2009Check # Amount Vendor / Explanation Account Description Business Unit Explanation184789 261,903 METROPOLITAN COUNCIL ENVIRONME Licenses & Taxes Sewer Utility - General Wastewater Fee184582 220,335 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical & Dental premiums184785 180,616 MCKINSTRY ESSENTION INC Other Contracted ServicesCIP - Bonds20-40-15 Projects3359 163,247 WELLS FARGO MINNESOTA N AFederal Taxes WithheldHealth and BenefitsFederal Taxes Withheld3345 160,788 WELLS FARGO MINNESOTA N ASS & MedicareHealth and BenefitsSocial Security & Medicare taxes3366 122,943 PUBLIC EMPLOYEES RETIREMENT AS PERAHealth and BenefitsPERA Benefits3341 121,934 PUBLIC EMPLOYEES RETIREMENT AS PERAHealth and BenefitsPERA Benefits3370 120,041 PUBLIC EMPLOYEES RETIREMENT AS PERAHealth and BenefitsPERA Benefits184623 83,494 CM CONSTRUCTION COMPANY INC.BuildingFire Station #4 Fixed Assets184618 69,004 CENTERPOINT ENERGY SERVICES INGasGeneral Community Center184467 38,066 JOHNSON BROTHERS LIQUOR COTransportationPrairie View Liquor Store3361 30,855 MINNESOTA DEPT OF REVENUEState Taxes WithheldHealth and Benefits3346 30,049 MINNESOTA DEPT OF REVENUEState Taxes WithheldHealth and Benefits3358 27,348 US BANKDepositsEscrow184739 25,580 SHORT ELLIOTT HENDRICKSON INCDesign & EngineeringInfiltration/Inflow Study184676 25,391 JOHNSON BROTHERS LIQUOR COLiquorPrairie View Liquor Store184464 23,911 JJ TAYLOR DISTRIBUTING MINNESOLiquorPrairie View Liquor Store184418 21,899 DIVERSE BUILDING MAINTENANCECleaning SuppliesPark Shelters184534 20,851 THORPE DISTRIBUTINGBeerDen Road Liquor Store18457119 365IND SCHOOL DIST 272Other Contracted ServicesOak Point Operations18457119,365IND SCHOOL DIST 272Other Contracted ServicesOak Point Operations184745 18,158 SPRINGSTED INCORPORATEDOther Contracted ServicesProject Fund184593 17,263 MINNEAPOLIS DOWNTOWN COUNCIL General494 Corridor Commission184501 16,929 PHILLIPS WINE AND SPIRITS INCTransportationPrairie View Liquor Store184475 16,025 MARK VIIBeerPrairie View Liquor Store184508 15,906 QUALITY WINE & SPIRITS COTransportationPrairie View Liquor Store3343 15,765 ORCHARD TRUST CO AS TRUSTEE/CU Deferred CompensationGeneral Fund3364 15,610 ORCHARD TRUST CO AS TRUSTEE/CU Deferred CompensationGeneral Fund184380 13,964 A-SCAPE INCContract Svcs - Snow Removal City Hall - CAM184384 13,842 ACTIVE NETWORK INC, THESoftware MaintenanceIT Operating184687 13,237 MARK VIIBeerPrairie Village Liquor Store3365 12,909 ICMA RETIREMENT TRUST-457Deferred CompensationGeneral Fund3344 12,886 ICMA RETIREMENT TRUST-457Deferred CompensationGeneral Fund184701 12,846 NEWMECHRepair & Maint - Ice RinkIce Arena Maintenance184446 12,740 GRIGGS COOPER & COTransportationPrairie View Liquor Store3362 12,740 US BANK TRUSTHRAHealth and Benefits184416 12,251 DAY DISTRIBUTINGBeerPrairie View Liquor Store184725 11,276 QUALITY WINE & SPIRITS COLiquorPrairie View Liquor Store184753 10,323 THORPE DISTRIBUTINGBeerPrairie View Liquor Store184449 9,521 HARRIS CORPORATIONEquipment Repair & Maint Wireless Communication184503 8,544 PRAIRIEVIEW RETAIL LLCAdvertisingPrairie View Liquor Store184716 8,321 PHILLIPS WINE AND SPIRITS INCMisc TaxablePrairie View Liquor Store184426 8,226 ELLINGSON DRAINAGEImprovement ContractsUtility Improvement Fund184670 7,440 JJ TAYLOR DISTRIBUTING MINNESOTransportationPrairie View Liquor Store184554 6,686 WINE MERCHANTS INCTransportationPrairie View Liquor Store184610 6,668 BELLBOY CORPORATIONTransportationPrairie View Liquor Storeiii i i184659 6,261 GRIGGS COOPER & COTransportationPrairie View Liquor Store184482 6,000 MIDWEST DESIGN CO Other Contracted Services Communications184486 6,000 MMKR Audit & Financial Finance Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation184526 5,934 SRF CONSULTING GROUP INCOther Contracted ServicesEconomic Development Fund184444 5,906 GRAYMONTTreatment ChemicalsWater Treatment Plant184709 5,876 PAUSTIS & SONS COMPANYTransportationPrairie View Liquor Store184549 5,682 VTILeasehold ImprovementsPrairie Village Liquor Store184629 5,439 DAY DISTRIBUTINGMisc Non-TaxablePrairie View Liquor Store184761 5,350 US POSTMASTER - HOPKINSPostageCommunity Brochure184498 4,504 PAUSTIS & SONS COMPANYTransportationPrairie View Liquor Store184668 3,962 IND SCHOOL DIST 272Capital Under $10,000Capital Impr. / Maint. Fund184620 3,703 CENTURYTELTelephoneIT Telephone184686 3,574 MACQUEEN EQUIPMENT INCConference ExpenseUtility Operations - General184662 3,467 HENNEPIN COUNTY TREASURER-TAXP Equipment Repair & Maint Elections184423 3,443 EAGLE WINE COMPANYTransportationPrairie View Liquor Store184717 3,425 PRAIRIE ELECTRIC COMPANYContract Svcs - HVACGeneral Community Center184538 3,317 TRANSMISSION MASTERSEquipment Repair & Maint Fleet Operating184766 3,225 VTISoftware MaintenanceWireless Communication184431 3,189 FIRE SAFETY USA INCOperating SuppliesFire184726 3,178 QWESTTelephonePrairie Village Liquor Store184621 3,075 CHAMPION COATINGSEquipment Repair & Maint Utility Improvement Fund184704 3,046 NORTHWEST BUSINESS SYSTEMSLeasehold ImprovementsPrairie Village Liquor Store184769 3,038 WINE COMPANY, THETransportationPrairie View Liquor Store184656 2,936 GRAYMONTTreatment ChemicalsWater Treatment Plant184524 2,831 SOUTHWEST SUBURBAN PUBLISHING- AdvertisingDen Road Liquor Store184422 2,822 DPC INDUSTRIES INCTreatment ChemicalsWater Treatment Plant1847462 765SPRINTWireless SubscriptionIT Operating1847462,765SPRINTWireless SubscriptionIT Operating184764 2,742 VINOCOPIATransportationPrairie View Liquor Store184396 2,713 BELLBOY CORPORATIONTransportationPrairie View Liquor Store184678 2,627 KLM ENGINEERING INCDesign & EngineeringUtility Improvement Fund184399 2,607 BOB GILBERTSONFire Prevention SuppliesFire184385 2,460 ALTERNATIVE BUSINESS FURNITURE Capital Under $10,000Furniture184479 2,450 METRO SALES INCORPORATED*Other Contracted ServicesEngineering184685 2,370 MAACOEquipment Repair & Maint Fleet Operating184666 2,341 HYDROLOGIC WATER MANAGEMENT Machinery & EquipmentCapital Outlay Parks184522 2,290 SNAP-ON TOOLSSmall ToolsFleet Operating184771 2,160 WINE MERCHANTS INCTransportationPrairie View Liquor Store184553 2,045 WINE COMPANY, THETransportationDen Road Liquor Store184516 2,025 ROBERT C VOGELOther Contracted ServicesPlanning184528 1,912 STAR TRIBUNEEmployment AdvertisingOrganizational Services184743 1,900 SOUTH METRO PUBLIC SAFETY TRAITuition Reimbursement/School Police184777 1,860 BSN SPORTSRepair & Maint - Ice RinkIce Arena Maintenance184592 1,800 MESSERLI & KRAMERGeneral494 Corridor Commission184762 1,753 VAN PAPER COMPANYCleaning SuppliesCity Hall - CAM184408 1,733 CLAREYS INCSafety SuppliesFleet Operating184473 1,732 MAACOEquipment Repair & Maint Fleet Operating184489 1,700 NETSENTIAL.COM INCSoftware MaintenanceIT Operating184448 1,663 HANSEN THORP PELLINEN OLSONOther Contracted ServicesPark Acquisition & Development184772 1,630 WORLD CLASS WINES INCTransportationDen Road Liquor Store184558 1,628 YALE MECHANICAL INCContract Svcs - HVACFire Station #43368 1,612 GENESIS EMPLOYEE BENEFITS, INCOther Contracted ServicesHealth and Benefits184783 1,590 INTERSTATE POWER SYSTEMS INCEquipment Repair & Maint Water Wellsi184791 1,562 US POSTMASTER - HOPKINSPostageWater Accounting184633 1,551 EAGLE WINE COMPANYTransportationPrairie View Liquor Store184476 1,532 MCNEILUS STEEL INCRepair & Maint. SuppliesSewer System Maintenance Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation184555 1,513 WORLD CLASS WINES INCTransportationDen Road Liquor Store184742 1,500 SOUND CAPITAL MANAGEMENT INCBond Issue CostsHRA 2002A Lease Revenue Bonds184523 1,499 SOUTH METRO PUBLIC SAFETY TRAITuition Reimbursement/School Police184650 1,418 GENUINE PARTS COMPANYRepair & Maint. SuppliesGeneral Community Center184559 1,413 APWADues & SubscriptionsEngineering184502 1,396 PRAIRIE ELECTRIC COMPANYContract Svcs - ElectricalCity Hall - CAM184456 1,361 HIGHWAY TECHNOLOGIES INCEquipment PartsSewer System Maintenance184394 1,325 BAUER BUILT TIRE AND BATTERYTiresFleet Operating184457 1,296 HOHENSTEINS INCBeerPrairie Village Liquor Store184760 1,280 UNIVERSITY OF MINNESOTAOther Contracted ServicesOrganizational Services184547 1,253 VISTAR CORPORATIONMerchandise for ResaleConcessions184733 1,251 S & S SPECIALISTSOther Contracted ServicesTree Removal184488 1,250 MT GLOBAL LLCTransportationPrairie View Liquor Store184533 1,175 SWANSON, JEFFOther Contracted ServicesBroomball184700 1,175 NEW FRANCE WINE COMPANYTransportationDen Road Liquor Store184481 1,168 MIDWEST COCA COLA BOTTLING COM Misc TaxableDen Road Liquor Store184720 1,146 PROPAC INCOperating SuppliesEmergency Preparedness184419 1,135 DLT SOLUTIONS INC.Software MaintenanceIT Operating184775 1,095 A-SCAPE INCContract Svcs - Snow Removal City Hall - CAM184677 1,092 KEEPERSClothing & UniformsPolice184583 1,075 CAPPS MARKETINGGeneral494 Corridor Commission184412 1,060 CORPORATE EXPRESSOffice SuppliesGeneral184708 1,040 PAUL'S TWO-WAY RADIOOther Contracted ServicesWireless Communication1847471 038SPS COMPANIESEquipment Repair & MaintWater Treatment Plant1847471,038SPS COMPANIESEquipment Repair & MaintWater Treatment Plant184427 1,019 EMERGENCY APPARATUS MAINTENANC Repair & Maint. SuppliesFire184491 1,015 NEW FRANCE WINE COMPANYTransportationDen Road Liquor Store184455990 HENNEPIN TECHNICAL COLLEGETuition Reimbursement/School Fire184459970 HORNADY MFGTraining SuppliesPolice184626941 COSTCOOperating SuppliesFire3360925 MINN CHILD SUPPORT PAYMENT CTR Garnishment WithheldGeneral Fund184710914 PEPSI COLA COMPANYMerchandise for ResaleConcessions184552900 WIGLEY AND ASSOCIATESSoftwareIT Operating184420897 DOHERTY, SANDRA LOther Contracted ServicesVolleyball184424892 EARL F ANDERSEN INCSignsTraffic Signs184409887 COLOR PRINTINGPrintingPolice184551885 WENCK ASSOCIATES INCOther Contracted ServicesStorm Drainage184505864 PRIOR WINE COMPANYWine DomesticPrairie View Liquor Store184754841 TOTAL REGISTERCapital Under $10,000Prairie Village Liquor Store184572839 INTERNATIONAL UNION OF OPERATIUnion Dues WithheldGeneral Fund184665824 HOME DEPOT CREDIT SERVICESOperating SuppliesPark Maintenance184402810 CAMPOS, FERMIN MARTINEZInsuranceProperty Insurance184529800 STREICHERSClothing & UniformsPolice184691799 METRO CLEANINGContract Svcs - Garden Romm Garden Room Repairs184611788 BIFFS INCWaste DisposalPark Maintenance184608778 BAUER BUILT TIRE AND BATTERYTiresFleet Operating184727775 R & R SPECIALTIES OF WISCONSINContract Svcs - Ice RinkIce Arena Maintenance184586774 EXPRESS PERSONNEL SERVICESGeneral494 Corridor Commission184615758 CASE, RONDues & SubscriptionsCity Council184625737 CORPORATE EXPRESSOffice SuppliesPolicehdill b ll184393736 BARNES, BELINDA A.Other Contracted ServicesVolleyball184527689 ST JOSEPH EQUIPMENT INCEquipment PartsFleet Operating184780686 ECOLAB INCContract Svcs - Pest Control Fire Station #4 Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation184712682 PETTY CASHMileage & ParkingPrairie Village Liquor Store184637682 EMBEDDED SYSTEMS INCRepair & Maint. SuppliesEmergency Preparedness184728665 REBS MARKETINGOther Contracted ServicesEnvironmental Education184655662 GRAPE BEGINNINGSTransportationPrairie Village Liquor Store184437659 GE CAPITALPostageGeneral184407605 CDW GOVERNMENT INC.Other HardwareCapital Impr. / Maint. Fund184499600 PETTY CASHPetty Cash & Change Funds Prairie Village Liquor Store184750585 STORK, ALEXOther Contracted ServicesStorm Drainage184403576 CANNON RIVER WINERYWine DomesticDen Road Liquor Store184588575 INDEPENDENT SCHOOL DISTRICT NO General494 Corridor Commission184790567 US POSTMASTER - HOPKINSPostageStorm Drainage184613553 BRO-TEX INCEquipment PartsFleet Operating184490550 NEUMANN, NEALOther Contracted ServicesBroomball184452549 HENNEPIN COUNTY I/T DEPTOther Contracted ServicesWireless Communication184454545 HENNEPIN COUNTY SHERIFF'S OFFIBoard of PrisonerPolice184458542 HOLMES, TOMOther Contracted ServicesBasketball184441540 GOVDELIVERYSoftware MaintenanceIT Operating184599533 WELLS FARGO BANKGeneral494 Corridor Commission184606533 BARTLETT TREE EXPERTSOther Contracted ServicesTree Removal184707529 PARK NICOLLET CLINICHealth & FitnessFire184680520 KRAMER, TRENT COther Contracted ServicesBasketball184532515 SURLY BREWING COBeerDen Road Liquor Store184450507 HAYDEN-MURPHY EQUIPMENT COMPAN Equipment PartsFleet Operating184470500LEROY JOB TRUCKING INCOther Contracted ServicesAnimal Control184470500LEROY JOB TRUCKING INCOther Contracted ServicesAnimal Control184787500 RESTORATION SYSTEMS INCContract Svcs - Asphalt/Concr. Fire Station #2184660496 GS DIRECTOperating SuppliesEngineering184556491 WREDE, JULIANEOther Contracted ServicesBasketball184386488 AMERICAN PLANNING ASSNDues & SubscriptionsCommunity Development Admin.184531466 SUBURBAN TIRE WHOLESALE INCTiresFleet Operating184382462 ABM JANITORIALSERVICES-NORTH C Supplies - General Building City Center Operations184638443 ENVIRONMENTAL EQUIPMENT & SERV Equipment PartsFleet Operating184379435 A MEYER'S ENTERPRISES INCInstructor ServiceOutdoor Center184647432 GE CAPITALOther RentalsGeneral184786417 PRAIRIE ELECTRIC COMPANYContract Svcs - ElectricalPark Shelters184425405 ELECTRIC PUMPEquipment PartsSewer Liftstation184480397 METROPOLITAN FORDEquipment PartsFleet Operating184443383 GRAPE BEGINNINGSTransportationDen Road Liquor Store184774368 ZAHN, GERALDOther Contracted ServicesVolleyball184478364 MENARDSRepair & Maint. SuppliesSewer System Maintenance184759350 UNIVERSITY OF MINNESOTAOther Contracted ServicesSnow & Ice Control184758349 UNIFORMS UNLIMITEDClothing & UniformsPolice184472340 M. AMUNDSON LLPTransportationPrairie View Liquor Store184682339 LANDS END CORPORATE SALESClothing & UniformsPolice184515339 RINK SYSTEMS INCContract Svcs - Ice RinkIce Arena Maintenance184634337 EARL F ANDERSEN INCSignsTraffic Signs184641333 FASTENAL COMPANYSupplies - General BldgFire Station #2184779328 DECORATIVE DESIGNS INCContract Svcs - Int. Landscape City Hall - CAM184607325 BATTCHER AND AERO ELECTRICAL C Equipment Repair & Maint Water Storage184428325 ETHANOL PRODUCTS LLCTreatment ChemicalsWater Treatment Plantl184657321 GREATAMERICA LEASING CORP.PostageGeneral184397321 BEN MEADOWSSmall ToolsPark Maintenance184661315 HENNEPIN COUNTY TREASURERLicenses & TaxesFleet Operating Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation184557310 XCEL ENERGYElectricTraffic Signals184646309 G & K SERVICES-MPLS INDUSTRIALJanitor ServiceUtility Operations - General184696309 MINNESOTA PRINT MANAGEMENT LLC Office SuppliesGeneral184683308 LITTLE FALLS MACHINE INCEquipment PartsFleet Operating184438306 GETTMAN COMPANYMisc TaxableDen Road Liquor Store184616304 CAT & FIDDLE BEVERAGEWine ImportedDen Road Liquor Store184693300 MGB PRINTING SERVICESOperating SuppliesConcessions184735300 SCOTT COUNTY SHERIFF'S OFFICEDepositsEscrow184765293 VINTAGE ONE WINES INCTransportationPrairie Village Liquor Store184440293 GOPHER STATE ONE-CALL INCOCS-Leak DetectionUtility Operations - General184520286 SHERWIN WILLIAMS COOperating SuppliesPark Maintenance184487285 MOBILE RADIO ENGINEERING INCEquipment PartsWireless Communication184392284 ASPEN WASTE SYSTEMS INC.Waste DisposalDen Road Liquor Store184447283 GUSTAD, MARKTuition Reimbursement/School Police184737281 SEELYEEquipment PartsWater Treatment Plant184545275 VALLEY NAT'L GASES-LOC 93Repair & Maint. SuppliesSewer System Maintenance184604275 BAE SYSTEMS - DEFENSE TECHNOLOTuition Reimbursement/School Police184550257 WALSER CHRYSLER JEEPEquipment PartsFleet Operating184718256 PRAIRIE LAWN AND GARDENEquipment Repair & Maint Utility Operations - General184565252 CRAGUNSTuition Reimbursement/School Police184767252 WALSER CHRYSLER JEEPEquipment PartsFleet Operating184578250 RICHARDSON, JIMOther Contracted ServicesCommunications184740246 SIRCHIE FINGER PRINT LABORATOROperating SuppliesPolice184573245KEEPERSClothing & UniformsPolice184573245KEEPERSClothing & UniformsPolice184506244 QUALITY PROPANEMotor FuelsIce Arena Maintenance184644241 FERGUSON ENTERPRISES #525Equipment PartsWater Metering184773234 XCEL ENERGYElectricEmergency Preparedness184591234 MEREDITH KATEGeneral494 Corridor Commission184383233 ACCURINT - ACCOUNT # 1348824Other Contracted ServicesPolice184788232 TNEMEC COMPANY INCRepair & Maint. SuppliesWater Treatment Plant184689228 MEDICINE LAKE TOURSSpecial Event FeesTrips184442228 GRAINGEREquipment PartsWater System Maintenance184719228 PRIOR WINE COMPANYTransportationPrairie Village Liquor Store184695225 MINNESOTA DEPT OF PUBLIC SAFETConference ExpenseFire184514220 RIGHTWAY GLASS INCEquipment Repair & Maint Fleet Operating184512216 RICHARDSON, JIMOffice SuppliesPark Maintenance184681216 LAKE COUNTRY DOOR LLCBuilding Repair & Maint.Fire Station #1184577212 PROPUnited Way WithheldGeneral Fund184461212 HUDSON MAP COMPANYOperating SuppliesFire184590211 MADISON, MELISSAGeneral494 Corridor Commission184495211 OLSEN COMPANIESRepair & Maint. SuppliesPark Maintenance184706210 OLSEN'S EMBROIDERY/COMPANYClothing & UniformsPolice184600205 WELLS FARGO BANKGeneral494 Corridor Commission184776203 BATTERIES PLUSSupplies - Fire/Life/SafetyCity Hall - CAM184389202 ANCHOR PRINTING COMPANYPrintingPolice184768202 WILSON, JOHN D.Equipment Repair & Maint Police184605200 BARCLAY, SUSANHomeward Hills BldgPark Facilities184730200 RIGHTWAY GLASS INCEquipment Repair & Maint Fleet Operating184732200 ROHRER, LAURELAccounts ReceivableCommunity Center Adminiiiki184705197 OLSEN COMPANIESEquipment Repair & Maint Park Maintenance184738197 SHAMROCK GROUP, INC - ACE ICETransportationPrairie View Liquor Store3347188 WISCONSIN DEPARTMENT OF REVENU State Taxes WithheldHealth and Benefits Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation184414184 CRIPE, JACQUELYN VOther Contracted ServicesVolleyball184391183 ASPEN MILLSClothing & UniformsFire184741182 SNAP-ON TOOLSSmall ToolsFleet Operating184468182 KEEPERSClothing & UniformsFire184494181 NUCO2 INCChemicalsPool Maintenance184388180 AMERIPRIDE LINEN & APPAREL SERJanitor ServicePrairie Village Liquor Store3367177 ADMINISTRATION RESOURCES CORPOther Contracted ServicesHealth and Benefits184387175 AMERICAN RED CROSSLicenses, Permits, FeesPool Lessons184432175 FMAMDues & SubscriptionsFire184630175 DECKER, DEBFacility Rentals3rd Sheet of Ice184643171 FEDEXTraining SuppliesOrganizational Services184622169 CHOICE INCOther Contracted ServicesPrairie Village Liquor Store184460168 HOWARD, DENNIS JOther Contracted ServicesBasketball184664168 HERRIG, JEFFOther Contracted ServicesBasketball184690168 MENARDSCanine SuppliesPolice184757166 TWIN CITY TACTICALClothing & UniformsPolice184653165 GRAFIX SHOPPEEquipment Repair & Maint Fleet Operating184544165 UNIVERSITY OF MINNESOTAConference ExpenseTree Disease184587164 FEDEX KINKO'S OFFICE AND PRINTGeneral494 Corridor Commission184575160 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ERGeneral Fund184530159 SUBURBAN CHEVROLETEquipment PartsFleet Operating184539158 TRI COUNTY BEVERAGE & SUPPLYBeerPrairie View Liquor Store184411152 CONCRETE CUTTING & CORING INCOperating SuppliesStreet Maintenance184497151OSI BATTERIES INCOperating SuppliesTraffic Signs184497151OSI BATTERIES INCOperating SuppliesTraffic Signs184471150 LUTHERAN SOCIAL SERVICE FINANCOther Contracted ServicesOrganizational Services184518150 SCRAP METAL PROCESSORS INCEquipment PartsFleet Operating184688149 MASATuition Reimbursement/School Police184451146 HAYEN, LINDAOperating SuppliesWinter Theatre184504144 PRINTERS SERVICE INCContract Svcs - Ice RinkIce Arena Maintenance184752143 SUBURBAN CHEVROLETEquipment PartsFleet Operating184511143 REED BUSINESS INFORMATIONLegal Notices PublishingStreet Maintenance184703141 NORTH CENTRAL LABORATORIESLaboratory ChemicalsWater Treatment Plant184602141 AMERIPRIDE LINEN & APPAREL SERRepair & Maint. SuppliesDen Road Liquor Store184390139 ASPEN EQUIPMENT CO.Equipment PartsFleet Operating184469136 KRAEMERS HARDWARE INCSupplies - General BldgGeneral Community Center184722135 PUSH PEDAL PULLEquipment Repair & Maint Fitness Center184429134 EXTREME BEVERAGEMisc TaxablePrairie View Liquor Store184542133 TWIN CITY TACTICALClothing & UniformsPolice184782133 INDUSTRIAL DOOR COMPANY INCContract Svcs - GenerFire Station #4184581132 UNITED WAYUnited Way WithheldGeneral Fund184381130 AARP 55 ALIVE MATURE DRIVINGOther Contracted ServicesClasses/Programs/Events184485127 MINNESOTA TROPHIES & GIFTSOperating SuppliesPolice184434126 FOX VALLEY SYSTEMS INCOperating SuppliesPark Maintenance184541125 TWIN CITIES ARMAConference ExpenseCity Clerk184398122 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs - SecurityCity Hall - CAM184692121 METROPOLITAN FORDEquipment PartsFleet Operating184713120 PETTY CASH-POLICE DEPTInvestigation TravelPolice184537120 TOM'S WINDOW CLEANINGWindow CleaningDen Bldg. - Direct184617116 CENTERPOINT ENERGYGasPrairie Village Liquor Storeli liili il184654112 GRAINGERCleaning SuppliesUtility Operations - General184525111 SPRINTTelephoneEngineering184603106 ASPEN EQUIPMENT CO.Equipment PartsFleet Operating Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation184564105 COMMUNITY HEALTH CHARITIESUnited Way WithheldGeneral Fund184751104 STREICHERSClothing & UniformsPolice184401100 BOLD, PAULINEInstructor ServiceOutdoor Center184560100 ARNESON, AMYRefundsEnvironmental Education184561100 BARCLAY, PAULARefundsEnvironmental Education184562100 BROOKS, JUDITHRefundsEnvironmental Education184567100 FRITSCHE, PETERRefundsEnvironmental Education184568100 GRANAT, KATHYRefundsEnvironmental Education184569100 HIMLIE, CYNTHIARefundsEnvironmental Education184570100 HOFFER, CLETISRefundsEnvironmental Education184574100 LEONARD, KEVINRefundsEnvironmental Education184579100 SKAAR, DANIELRefundsEnvironmental Education184580100 TIHON, CLAUDERefundsEnvironmental Education18478497 JANEX INCEquipment PartsCity Hall - CAM336396 WISCONSIN DEPARTMENT OF REVENU State Taxes WithheldHealth and Benefits18441595 CUSHMAN MOTOR COMPANY INC.Equipment PartsFleet Operating18456695 CREAMER, LORIConference ExpensePlanning18467994 KRAEMERS HARDWARE INCSupplies - General BldgGeneral Community Center18448394 MINNESOTA CONWAYOperating SuppliesFire18452193 SHRED-ITWaste DisposalCity Center Operations18459893 VERIZON WIRELESSGeneral494 Corridor Commission18445392 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted ServicesEngineering18462792 CRIPE, JACQUELYN VOther Contracted ServicesVolleyball18449392NORTHWEST RESPIRATORY SERVICEEMS SuppliesFire18449392NORTHWEST RESPIRATORY SERVICEEMS SuppliesFire18451391 RIDGEVIEW MEDICAL CENTEREmployment Support TestOrganizational Services18477890 COMCASTCable TVCommunity Center Admin18454089 TRUE FABRICATIONSTransportationDen Road Liquor Store18473688 SEATON, ROBYNOperating SuppliesWinter Theatre18470285 NORCOSTCOOperating SuppliesWinter Theatre18468484 M. AMUNDSON LLPMisc TaxableDen Road Liquor Store18443982 GOERGEN, LESLIEAccounts ReceivableCommunity Center Admin18454381 UNDESSER, JOHNMileage & ParkingInspections-Administration18453680 TOLL GAS AND WELDING SUPPLYEquipment PartsFleet Operating18454880 VOGT HEATING & PLUMBINGPlumbing PermitsGeneral Fund18469880 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ERGeneral Fund18469978 MOE, HEIDIAccounts ReceivableCommunity Center Admin18456377 CARLSON, PAULMileage & ParkingEngineering18441375 COSTCOOperating SuppliesFire18451772 SCHIPULL, JEFFOther Contracted ServicesBasketball18463672 ELIASON, STEVE JOther Contracted ServicesBasketball18462872 CUB FOODS EDEN PRAIRIEOperating SuppliesFire18472170 PUCHALSKI, KEITHTuition Reimbursement/School Fire18466369 HENRY, PAULOther Contracted ServicesVolleyball18476369 VERIZON WIRELESSTelephoneE-911 Program18464067 EXTREME BEVERAGEMisc TaxableDen Road Liquor Store18458467 COMCASTGeneral494 Corridor Commission18440465 CANVAS CRAFT INCFire Prevention SuppliesFire18453564 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs - ElevatorGeneral Community Center18466961 ITS A KEEPEREmployee AwardOrganizational Serviceslh d fi334261 PUBLIC EMPLOYEES RETIREMENT AS PERAHealth and Benefits184474 60 MAGC Dues & Subscriptions Communications184631 60 DEPARTMENT OF LABOR & INDUSTRY Dues & Subscriptions Park Maintenance Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation18459559 NELSON, ROBINGeneral494 Corridor Commission18464259 FBI-NAA, NORTHWEST CHAPTERTuition Reimbursement/School Police18460159 ADAMS PEST CONTROL INCContract Svcs - Pest Control Den Bldg. - CAM18463257 DITCH WITCH OF MINNESOTA INCOperating SuppliesTraffic Signals18475555 TROPICANA CHILLED DSDMerchandise for ResaleConcessions18466754 I-STATE TRUCK CENTEREquipment PartsFleet Operating18451054 QWESTTelephoneSewer Liftstation18461454 BUCHANAN, KURTTuition Reimbursement/School Fire18474953 STEVE LUCAS PHOTOGRAPHYOperating SuppliesFire18461252 BOWE, KELLYAccounts ReceivableCommunity Center Admin18459651 SOLUTION BUILDERSGeneral494 Corridor Commission18474451 SOUTHWEST OUTDOOR POWEREquipment Repair & Maint Park Maintenance18440550 CAREER SERVICESTuition Reimbursement/School Police18446250 IAPEDues & SubscriptionsPolice18457650 PLEAATuition Reimbursement/School Police18462447 COMCASTDues & SubscriptionsCity Council18469445 MINNESOTA CONWAYSafety SuppliesFire18447745 MEDTOXEmployment Support TestOrganizational Services18449244 NILSSON, BETHOperating SuppliesIce Arena18473140 RIGID HITCH INCORPORATEDEquipment PartsFleet Operating18448440 MINNESOTA CORRECTIONS ASSOCIAT Tuition Reimbursement/School Police18440640 CAWLEY COMPANY, THEOperating SuppliesIce Arena18442138 DOTY, JESSICA ANNOther Contracted ServicesBasketball18475633TRUE FABRICATIONSTransportationPrairie Village Liquor Store18475633TRUE FABRICATIONSTransportationPrairie Village Liquor Store18446332 IDEARC MEDIA CORP (VERIZON DIAdvertisingPrairie Village Liquor Store18454632 VALLEY PLUMBINGPlumbing PermitsGeneral Fund18451931 SHAMROCK GROUP, INC - ACE ICETransportationPrairie Village Liquor Store18450929 QUICKSILVER EXPRESS COURIEROperating SuppliesPlanning18478129 GENUINE PARTS COMPANYEquipment Repair & Maint Park Maintenance18465127 GETTMAN COMPANYMisc TaxablePrairie View Liquor Store18473427 SALDANHA, KENNETH AND AMYAR UtilityWater Enterprise Fund18443526 FULLERTON, GEORGESales Tax PayableGeneral Fund18459725 SOUTHWEST TRANSITGeneral494 Corridor Commission18463923 EVANS, REUBENAR UtilityWater Enterprise Fund18463521 EGGERT, JEFFREY PTuition Reimbursement/School Fire18440021 BOLD, PAULINEOperating SuppliesOutdoor Center18449620 OLSEN'S EMBROIDERY/COMPANYClothing & UniformsFleet Operating18465220 GOSH, MARTHAAccounts ReceivableCommunity Center Admin18474820 STATE OF MINNESOTAMiscellaneousDWI Forfeiture18458920 INTERNET EXPOSURE INCGeneral494 Corridor Commission18464520 FINK, CHARLESAR UtilityWater Enterprise Fund18443617 G & K SERVICESClothing & UniformsGeneral Facilities18459417 MINNEAPOLIS REGIONAL CHAMBER O General494 Corridor Commission18443315 FORCE AMERICAEquipment PartsFleet Operating18441013 COMCASTOperating SuppliesFire18471112 PETERS, LORA AND MICHAELAR UtilityWater Enterprise Fund18469711 MINNESOTA VALLEY ELECTRIC COOP ElectricRiley Creek Woods18472911 RICHFIELD, CITY OFLicenses & TaxesFleet Operating1844307 FASTENAL COMPANYEquipment PartsFleet Operatinglid i i1845856 CULLIGAN BOTTLED WATERGeneral494 Corridor Commission2,350,653 Grand Total City of Eden Prairie Purchasing Card Payment 01/22/2009 # 3358 Amount Explanation Vendor Account Description Business Unit 124 US- Door Hangers/Supplies FEDEX KINKO'S OFFICE AND PRINT Repair & Maint. Supplies Water System Maintenance 198 US-4 Deks Pads-Liq.Store OFFICEWORLD.COM Operating Supplies Prairie Village Liquor Store 525 US-ACA Conference AMERICAN CAMPING ASSOCIATION Conference Expense Parks Administration 190 US-ACA Conference Motel AMERICAN CAMPING ASSOCIATION Conference Expense Parks Administration 209 US-ACA ConferenceAirfare EXPEDIA Travel Expense Parks Administration 7 US-Airfare Service Charge ORBITZ Travel Expense City Council 7 US-Airfare Service Charge ORBITZ Travel Expense City Manager 7 US-Airline Service Charge EXPEDIA Travel Expense Parks Administration 119 US-Aluminum for Barricades HOME DEPOT CREDIT SERVICES Operating Supplies Traffic Signs 43 US-Ball Valve for Truck 188 MENARDS Equipment Repair & Maint Park Maintenance 326 US-Barricade Materials MENARDS Repair & Maint. Supplies Sewer System Maintenance 190 US-Barricade Materials HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies Sewer System Maintenance 79 US-Barricade Materials MENARDS Repair & Maint. Supplies Sewer System Maintenance 111 US-Barricade Materials SHERWIN WILLIAMS CO Repair & Maint. Supplies Sewer System Maintenance 300 US-Batteries-Emerg.Dialos BATTERY STORE INC, THE Equipment Parts Sewer Liftstation 83 US-Birthday Party Supplies MICHAELS - THE ARTS & CRAFTS S Operating Supplies Birthday Parties 84 US-Birthday Party Supplies MICHAELS - THE ARTS & CRAFTS S Operating Supplies Birthday Parties 9 US-Blog TIGER TECHNOLOGIES Software IT Operating 26 US-Blowgun & Mirrors NAPA AUTO PARTS Operating Supplies Park Maintenance 20 US-BoilerLicense-K.Carlson DEPARTMENT OF LABOR AND INDUST Licenses, Permits, Taxes Water Treatment Plant 20 US-BoilerLicesne-C.Dalbec DEPARTMENT OF LABOR AND INDUST Licenses, Permits, Taxes Water Treatment Plant 81 US-Brine Making Parts MENARDS Operating Supplies Street Maintenance 18 US-Bus Volunteer Meeting CUB FOODS EDEN PRAIRIE Miscellaneous Housing and Community Service 61 US-Cakes-L.Brace Retirem. CUB FOODS EDEN PRAIRIE Employee Award Organizational Services -69 US-Cancelled Order MY SHOP ANGEL Protective Clothing Fire 1,720 US-Cart/Heated Shelf-Café NEXT DAY GOURMET Capital Under $2,000 Concessions 52 US-Chain Saw Parts SOUTHWEST OUTDOOR POWER Equipment Repair & Maint Park Maintenance 264 US-China Trip Airfare ORBITZ Travel Expense City Council 259 US-China Trip Airfare SATHER DESIGN/BUILD INC Travel Expense City Manager 379 US-China Trip Airfare NORTHWEST AIRLINES Travel Expense City Council 220 US-Citizens Academy PANERA BREAD Miscellaneous Police 248 US-Citizens Academy PANERA BREAD Miscellaneous Police 179 US-Citizens Academy DAVANNI'S PIZZA Miscellaneous Police 9 US-City Hall BookcaseTools MENARDS Operating Supplies Park Maintenance -100 US-Class Refund GASAWAY CONSULTING GROUP Conference Expense Fire 76 US-Command Staff Mtg TIMBERLODGE STEAKHOUSE Operating Supplies Fire 193 US-Concession Equipment SUPERIOR PRODUCTS MFG CO Operating Supplies Concessions 43 US-Converter for DC to AC NORTHERN TOOL & EQUIPMENT Operating Supplies Park Maintenance 204 US-Core Drill Rental BLOOMINGTON RENTAL CENTER Other Rentals Water Treatment Plant 130 US-Council Workshop Food MILIO'S SANDWICHES Miscellaneous City Council 196 US-Council Workshop Food DAVANNI'S PIZZA Miscellaneous City Council 133 US-Council Workshop Food GINA MARIAS INC Miscellaneous City Council 40 US-Credit Card ProcessFee PAYPAL INC Bank and Service Charges Utility Operations - General 40 US-Credit Card ProcessFee PAYPAL INC Bank and Service Charges Utility Operations - General 59 US-Data & Charging Cable AT & T Miscellaneous IT Operating 889 US-Dec '08 Bldg Surcharge DEPT OF LABOR & INDUSTRY Building Surcharge General Fund 364 US-Dec '08 Bldg Surcharge DEPT OF LABOR & INDUSTRY Mechanical Surcharge General Fund 118 US-Dec '08 Bldg Surcharge DEPT OF LABOR & INDUSTRY Plumbing Surcharge General Fund -27 US-Dec '08 Bldg Surcharge DEPT OF LABOR & INDUSTRY Other Revenue General Fund 658 US-Dispatcher Training (2) POWERPHONE INC Tuition Reimbursement/School Police 80 US-Domain Name Renewals GODADDY.COM, INC. Operating Supplies Fire 23 US-Drawing Class Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Arts Center 50 US-Drill Bits ASSOCIATED INDUSTRIAL DISTRIBU Small Tools Water Treatment Plant -35 US-Drill Deposit Refund BLOOMINGTON RENTAL CENTER Other Rentals Water Treatment Plant 50 US-Dump Trailer Springs FELLING TRAILERS Equipment Repair & Maint Park Maintenance 207 US-Elmo Preschool Trip TARGET CENTER Special Event Fees Special Events & Trips 21 US-EP on Track Snacks TARGET Training Supplies Organizational Services 1 US-EP Parks Online US BANK Deposits Escrow -1 US-EP Parks Online Credit US BANK Deposits Escrow 140 US-EPCC Office Supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Community Center Admin 40 US-E-Permit Web Security PAYPAL INC Equipment Repair & Maint IT Operating 25 US-Equipment for Walyball MERLINS ACE HARDWARE Operating Supplies Ice Arena 2,000 US-ERU Training (8) ATOM Tuition Reimbursement/School Police 65 US-Father-Daughter Dance DOLLAR TREE STORES, INC. Operating Supplies Special Events & Trips 9 US-Father-Daughter Dance RAINBOW FOODS INC. Operating Supplies Special Events & Trips 19 US-Father-Daughter Dance DOLLAR TREE STORES, INC. Operating Supplies Special Events & Trips 3 US-Father-Daughter Dance WALGREEN'S #5080 Operating Supplies Special Events & Trips 34 US-Fire Command Class-3 CAROL'S KITCHEN Operating Supplies Fire 160 US Fi S i GASAWAY CONSULTING GROUP Cf E Fi160US-Fire Seminar GASAWAY CONSULTING GROUP Conference Expense Fire 27 US-Floor Squeegee HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies Sewer System Maintenance 327 US-FLSA Class-C.Ruzek M LEE SMITH PUBLISHERS LLC Conference Expense Human Resources 47 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 82 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions Amount Explanation Vendor Account Description Business Unit 47 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 47 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 15 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 48 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 47 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 54 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 83 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 411 US-Food for Café CLOVER SUPER FOODS Merchandise for Resale Concessions 54 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 86 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 43 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 43 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 240 US-Food for Café CLOVER SUPER FOODS Merchandise for Resale Concessions 6 US-Food for Café HOLIDAY STATION STORES INC Merchandise for Resale Concessions 93 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 45 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 126 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 54 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 39 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 174 US-Frosty Challenge TARGET Awards Organizational Services 29 US-Fuel-B.WyfllDad-funeral FARMERS COOP OIL Travel Expense Fire 50 US-GardenMagazineSubsc. FINE GARDENING Dues & Subscriptions Park Maintenance 188 US-GiftCertif-SafetyWinners EDEN PRAIRIE CENTER Office Supplies General 96 US-Green Expo (6). MAJOR SPORTS CAFE Conference Expense Park Maintenance 133 US-Green Expo (7) HYATT HOTELS Conference Expense Park Maintenance 152 US-Gym Equipment SPORTS AUTHORITY Operating Supplies Community Center Admin 29 US-Hair Dryers-LockerRoom WALMART COMMUNITY Operating Supplies Community Center Admin 99 US-Hair Dryers-LockerRoom HD SUPPLY FACILITIES MAINTENAN Operating Supplies Community Center Admin 23 US-HalogenLight&Ext.Cord MENARDS Operating Supplies Utility Operations - General 9 US-HRD Commission Mtg. TARGET Miscellaneous Housing and Community Service 70 US-Hydrant Part Bins MENARDS Repair & Maint. Supplies Water System Maintenance 101 US-IT Software VMWARE Software IT Operating -43 US-Jan. Planner Credit FRANKLIN COVEY CO. Training Supplies Human Resources 114 US-Label Maker/Burner Ink SUPER MEDIA STORE.COM Video & Photo Supplies Communications 32 US-LEEP Snacks KOWALSKI'S MARKET Training Supplies Organizational Services 94 US-LEEP Training Books BARNES & NOBLE Training Supplies Organizational Services 96 US-Lift Station Batteries BATTERY STORE INC, THE Equipment Parts Sewer Liftstation 39 US-Light Bulbs MENARDS Operating Supplies Utility Operations - General 150 US-Liq.Store Moving Day GINA MARIAS INC Miscellaneous Prairie Village Liquor Store 1,484 US-Liquor Store Shop.Carts VERSACART SYSTEMS Capital Under $2,000 Prairie Village Liquor Store 51 US-Lock Box Tags NAP'S DEALER SUPPLIES INC. Repair & Maint. Supplies General Facilities 43 US-Lunch "N" Learn ERBERT & GERBERT'S Special Event Fees Classes/Programs/Events 11 US-Meeting w/J.Tyler-RPBC THE ORIGINAL PANCAKE HOUSE Miscellaneous City Council 215 US-MemberDues-Esbensen IAFC Dues & Subscriptions Fire 190 US-MemberDues-S.Koering IAFC Dues & Subscriptions Fire 190 US-MemberDues-T.Schmitz IAFC Dues & Subscriptions Fire 160 US-Membersh.Dues-Ruzek SOCIETY FOR HUMAN RESOURCE MAN Dues & Subscriptions Human Resources 120 US-Membership Cards TRANSACT TECHNOLOGIES, INC. Operating Supplies Community Center Admin 1,628 US-Metal Cutter TOLL GAS AND WELDING SUPPLY Small Tools Sewer System Maintenance 30 US-MGWA Dues-S.Pitkanen MGWA Dues & Subscriptions Utility Operations - General 5 US-Minnesota Green Expo MINNESOTA GREEN EXPO Operating Supplies Street Maintenance 17 US-MNFAC Meeting TAVERN ON GRAND Operating Supplies Fire 13 US-MNFAC Meeting TAVERN ON GRAND Operating Supplies Fire 17 US-MNFAC Meeting TAVERN ON GRAND Operating Supplies Fire 46 US-Mtg w/Met Council Repr. MAJOR SPORTS CAFE Miscellaneous City Manager 19 US-Office Coat Racks MENARDS Operating Supplies Park Maintenance 28 US-Office Laminator LAKESIDE COLLECTION Office Supplies Senior Center Administration 49 US-Office Supplies OFFICEMAX CREDIT PLAN Office Supplies Police 5 US-Office Supplies WALMART COMMUNITY Office Supplies Utility Operations - General 35 US-Office Supplies TARGET Operating Supplies Aquatics & Fitness Admin 11 US-Origami Class Supplies MICHAELS - THE ARTS & CRAFTS S Operating Supplies Arts Center -922 US-Overcharge Last Month MOSS Leasehold Improvements Prairie Village Liquor Store 406 US-P&R Storage Containers TARGET Repair & Maint. Supplies Furniture 2 US-Parts for Spray System HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 3 US-Pipe Cap for Truck 188 MENARDS Equipment Repair & Maint Park Maintenance 135 US-Planners-Ruzek & Kerns FRANKLIN COVEY CO. Training Supplies Human Resources 207 US-Plastic Bins for Shop MENARDS Operating Supplies Park Maintenance 10 US-Play Care Supplies WALGREEN'S #5080 Operating Supplies Day Care 55 US-Play Care Supplies WALMART COMMUNITY Operating Supplies Day Care 83 US-Play Care Supplies MICHAELS - THE ARTS & CRAFTS S Operating Supplies Day Care 63 US-Police Officer Interviews DAVANNI'S PIZZA Training Supplies Organizational Services 63 US-PoliceDept PhotoFrame GRAPHIK DIMENSIONS LTD Operating Supplies Police 32 US P B k OFFICEMAX CREDIT PLAN Ri&MiSli WS Mi32US-Program Books OFFICEMAX CREDIT PLAN Repair & Maint. Supplies Water System Maintenance 29 US-Property Mgrs Meeting CARIBOU COFFEE Miscellaneous Housing and Community Service 10 US-Property Mgrs Meeting CUB FOODS EDEN PRAIRIE Miscellaneous Housing and Community Service 28 US-R.L. Hockey Paint Lines MENARDS Operating Supplies Park Maintenance 141 US-Racks-BulletProof Vests ORGANIZE.COM Repair & Maint. Supplies Police City Center Amount Explanation Vendor Account Description Business Unit 128 US-Refriger-Sticha's Office SEARS.COM Repair & Maint. Supplies General Facilities 100 US-Reimb by Police Dept US BANK Operating Supplies Police 20 US-Reimb-Personal Use US BANK Deposits Escrow -6 US-Return Parts HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 826 US-Ribbon for Card Printer ID WHOLESALER Office Supplies Community Center Admin 1 US-Senior Movie REDBOX DVD Operating Supplies Classes/Programs/Events 545 US-Senior Program OLD LOG THEATER Special Event Fees Trips 15 US-Shipping of Boot Brush NORTHERN TOOL & EQUIPMENT Repair & Maint. Supplies City Center Operations 153 US-Shop Supplies MENARDS Repair & Maint. Supplies Sewer System Maintenance 40 US-Shop Supplies MENARDS Operating Supplies Park Maintenance 65 US-Shop Supplies SEARS EDEN PRAIRIE Operating Supplies Park Maintenance 10 US-Shop Supplies SEARS EDEN PRAIRIE Operating Supplies Park Maintenance 8 US-Shop Supplies MENARDS Small Tools Park Maintenance 73 US-Shop Supplies MENARDS Repair & Maint. Supplies Sewer System Maintenance 41 US-Shop Supplies GRAINGER Repair & Maint. Supplies Sewer System Maintenance 170 US-Shop Supplies & Gloves OLSON CHAIN & CABLE Repair & Maint. Supplies Sewer System Maintenance 226 US-Shop Tools OLSON CHAIN & CABLE Small Tools Sewer System Maintenance 83 US-Skate Rental Equipment TARGET Operating Supplies Ice Arena 12 US-Skate Shelf Liners WALMART COMMUNITY Operating Supplies Ice Arena 14 US-Sliding Hill Sign MENARDS Repair & Maint. Supplies Park Maintenance -14 US-Soulfire Supply Return TARGET Operating Supplies Youth Programs Administration 210 US-StandbyCrew-Hol.Party BUCA Operating Supplies Fire 18 US-Team Lunch EDEN PRAIRIE COMMUNITY CENTER Miscellaneous Community Center Admin 174 US-Tony N' Tina's Wedding ACTORS THEATER OF MINNESOTA Special Event Fees Trips 45 US-Tool Supplies MENARDS Operating Supplies Park Maintenance 215 US-Training - Tim Snetting CALIBRE PRESS Tuition Reimbursement/School Police 15 US-Trash Can for Mower HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 14 US-Travel Insurance SATHER DESIGN/BUILD INC Travel Expense City Manager 199 US-Tuition - Holly Bussee TACTICAL TECHNOLOGIES INC Tuition Reimbursement/School Fitness Classes 40 US-TwinCitiesBus.Subscrip. MSP COMMUNICATIONS Dues & Subscriptions Economic Development 0 US-UB On Line PAYPAL INC Bank and Service Charges Utility Operations - General 0 US-UB On Line PAYPAL INC Bank and Service Charges Utility Operations - General 0 US-UB On Line PAYPAL INC Bank and Service Charges Utility Operations - General 14 US-Valentine Breakf.Suppl. DOLLAR TREE STORES, INC. Special Event Fees Classes/Programs/Events 181 US-Water School HOLIDAY INN Travel Expense Utility Operations - General 640 US-Water School (4). MINNESOTA RURAL WATER ASSOCIAT Tuition Reimbursement/School Utility Operations - General 79 US-WaterPlant-KitchenSupp TARGET Office Supplies Utility Operations - General 18 US-WaterTruck Hose/Suppl MENARDS Operating Supplies Park Maintenance 162 US-Welding Supplies TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Park Maintenance 27,348 Grand Total CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions DATE: March 17, 2009 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Ordinance Amending City Code 9.04 Subdivision 3. Rules and Regulations Governing Public Parks - Hours of Operation ITEM NO.: XI.A. Requested Action Move to: Approve first reading of Ordinance amending City Code Section 9.04 Subdivision 3, relating to hours of operation of public parks. Synopsis The Eden Prairie Baseball Association requested the lighting time for the baseball fields at Miller Park and Round Lake Park be changed from 10 p.m. to 10:30 p.m. For consistency and enforcement capabilities, staff believes that the effect of this change would constitute a corresponding change in the park hours at these two locations. The current ordinance (Section 9.04, Subd. 3.) reads “Parks shall be operated from 6:00 o’clock A.M. to 10:00 o’clock P.M. each day and shall be closed from 10:00 o’clock P.M. to 6:00 o’clock A.M. each day or as posted.” In order for this change to happen, a modification to the ordinance would need to occur. Staff proposes that the addition to the current statement indicating that the exception would be for Miller Park and Round Lake Park. These parks would be allowed to remain open until 10:30 P.M. between the dates of April 1 and October 31. City surveyed other local athletic associations that could be impacted by this extension. Below is a summary of their responses: EP Baseball Association Positive impact EP Soccer Club No impact EP Girls Softball No impact EP School District Positive impact Additionally, staff conducted a survey of neighboring communities. The attached survey results suggest that most communities allow use of parks (especially athletic complexes) past 10:00 p.m. The additional financial impact would be a result of additional electricity ($8/half hour/field) and the additional hours worked by a park attendant ($6/half hour/park). Based on the current understanding of the extended amount of use, staff believes that approximately $4,700 additional would be spent. Approximately $900 would be attributable to baseball. Over 700 letters were sent to surrounding residents. The residents were made aware of the opportunity to attend and comment at the Parks, Recreation and Natural Resources Commission meeting. No residents attended the meeting. Park Hours March 17, 2009 Page 2 The Parks, Recreation and Natural Resources Commission reviewed this information at their March 2 meeting and unanimously recommend that the City Council approve this modification. Background In the past, the ending times for lighted fields have been consistent with the 10:00 p.m. closing time as defined by city ordinance. In 2006, the Eden Prairie Baseball Association requested that the lights at Miller Park be allowed to remain on until 10:30 p.m. for a two year period (see attached letter). The reason for this request was to lessen the impact of the temporary field reductions that were planned to occur over the coming years. During the past two years, staff is not aware of any complaints resulting in the extension of lights. Attachments • Ordinance • Letter to Miller Park Neighbors - July 26, 2006 • Parks, Recreation & Natural Resources Commission Minutes - August 7, 2006 • City Council Minutes - August 15, 2006 • Neighbor Notification Letter - February 10, 2008 • Aerial Maps of Parks and Mailing Locations • Neighboring Community Survey CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. __-2009 AN ORDINANCE OF THE CITY OF EDEN PRAIRE, MINNESOTA, AMENDING CITY CODE CHAPTER 9 SECTION 9.04 SUBDIVISION 3 RELATING TO RULES AND REGULATIONS GOVERNING PUBLIC PARKS HOURS OF OPERATION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The City Council of the City of Eden Prairie, Minnesota, ordains: Section 1. City Code Section 9.04 Subdivision 3 is amended by adding the underlined text at the end of the subdivision: “Parks shall be operated from 6:00 o’clock A.M. to 10:00 o’clock P.M. each day and shall be closed from 10:00 o’clock P.M. to 6:00 o’clock A.M. each day or as posted with the exception of Miller Park and Round Lake Park which are allowed to remain open until 10:30 P.M. from April 1 through October 31.” Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 9.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. 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 17th day of March, 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 the ______day of April, 2009. PARKS AND RECREATION I July 26, 2006 RE: Miller Park BalMeld Lights Dear Resident: The President of the Eden Prairie Baseball Association has requested the City consider allowing the lights on the regulation baseball field at Miller Park to remain on until 10:30 p.m. when necessary during the 2007 and 2008 seasons. The Baseball Association anticipates having to 'double book' baseball games on that lighted field during the 2007 and 2008 seasons when the City is short one baseball field due to the construction of the baseball field at the Community Center and loss of the baseball practice field at Staring Lake Park due to the widening of County Road 1. You are invited to attend the Parks, Recreation and Natural Resources Commission meeting on: Monday, August 7 7 p.m. City Center, Council Chambers 8080 Mitchell Road The Parks, Recreation and Natural Resources Commission will be reviewing this request and you are invited to attend to comment on this request. The recommendation of the Parks, Recreation and Natural Resources Commission will be forwarded to the City Council for their decision at their August 15 meeting. Sincerely, Robert A. Lambert Director of Parks and Recreation PARKS, RECREATION AND NATURAL RESOURCES COMMISSION August 7, 2006 Page 9 water options. The motion carried, 7-0. C. REQUEST OF BASEBALL ASSOCIATION REGARDING EXTENSION OF PARK HOURS Lambert noted the City received a request to extend the lighting curfew from 10 to 10:30 p.m. for the next two years because during those two years the Baseball Association will be losing two fields. City staff has been strict regarding shutting lights off at 10 p.m., and it recognizes the commitment to the neighbors. The City has notified several hundred neighbors about this proposed change, and the Commission's recommendation will go before the City Council. Elliott-Stoering asked if the City receives complaints regarding the current 10 p.m. shut-off time. Lambert responded no, the City does not. A few weeks ago during a playoff game, the lights were on until 10:10 p.m. The lights were shut off • when the game concluded, before the players even left the field. He noted on occasion women's softball will host their regional tournament and they are required to send out letters to neighbors notifying them the games may run over 10 p.m. but will stop as soon after as possible. The baseball field's lights are higher than those of the softball fields. The nearest neighbors are quite a ways away, on the south side of 312. Lanibert noted the City would be as rigid about 10:30 p.m. as it is about 10 p.m. currently, and after two years it would go back to 10 p.m. Jacobus asked if that section of 312 will have lighting. Lambert responded he is not sure, other than there will be lights at the intersections. Bierman asked how many nights a week this will be. Lambert responded three or four nights, genially Monday through Thursday unless there is a tournament Bierman asked if the season is June through August. Lambert responded it begins in May through the first of August Peter Campyon, 16886 Hanover Lane, stated he is directly south of Miller Park and would be the only non-wooded lot. He has not complained about the lights because he is trying to be a good sport about it, but he is affected enough that he moved the entertainment center downstairs and the lights shine into his windows. He noted there is also a hockey season where lights shine through his east-facing window. His is also dealing with the ongoing construction. He suggested planting some big trees to cover the lights or providing awnings. His lower windows are not going to be an issue with the berm, but the upper windows will still be affected no matter what. Moriarty asked if there are plantings on the Miller side of 312. Lambert responded the landscape plans for the berms will not be completed until construction is finished on that section. He does not want to imply trees could be planted to PARKS, RECREATION AND NATURAL RESOURCES COIVBITSSION August 7, 2006 Page 10 screen 90-foot lights; perhaps 50 years from now they may be tall enough. Bierman asked about the lighting along 312. Lambert responded it is the same lighting as further up 312. The lighting at the intersection of Dell Road and 312 is very well-lit; beyond that he cannot speculate. Jerry Condon, 9353 McNolton Road, explained he is representing the Baseball Association at tonight's meeting. He reviewed the scheduled use of the fields and noted most teams do not start their season until the third week of May. The traveling teams mostly use fields without lighting except Miller field 8. The Baseball Association always tells their coaches never to practice under lights as that is not a good use of City funds. The extension to 10:30 p.m. is needed because of the loss of two fields. He noted teams will have to begin playing more games on the road to accommodate the loss of the fields. He does not believe the lights will be on every night Monday through Thursday until 10 p.m., and for the most part, the games are completed by 10 p.m. Jacobus asked if the current baseball games begin at 5:30 and 7:45 p.m. Condon responded affirmatively. He noted by the middle of July there will be no fields to be found if there are any rainouts. Brill asked if there can be a five-minute rule with the park attendant. Lambert stated unless the Commission wants to notify several hundred residents, there can be no five-minute rule, There is a floodlight on the parking lot and that is being rewired so it can flood the infield and the players can pick up their bags with a low-level light. Condon added there are evenings where it is not possible to play both games, so the second game is suspended. The extension to 10:30 p.m. will guarantee the second game can be played next year because there will not be other options. Lambert noted in two years there will be another lighted field at the Community Center. Mackay stated he is on the north side of Miller Park so he appreciates the resident's concerns about the lights. He also appreciates Baseball's accommodating the situation over the next two years. Condon noted the goal is to continue to complete the games at 10 p.m. Motion: Moriarty moved, Gerst seconded, to recommend approval of the request of the Eden Prairie Baseball Association for the extension of the curfew for lights at Miller #8 until 10:30 p.m. for the 2007 and 2008 seasons. The motion carried, 7-0. VEIL OLD BUSINESS CITY COUNCIL MINUTES August 15, 2006 Page 12 side of County Road 4 from Mere Drive north to County Road 62 and on the east side of County Road 4 from Baywood Lane to Rainbow Drive, and from Park Terrace Drive north through Birch Island Park to County Road 62. Furthermore, request Hennepin County to approve a pedestrian at-grade crossing at Duck Lake Trail. Motion carried 5-0. 3. Baseball Association Request Regarding Park Hours Lambert said the Baseball Association is requesting extending the curfew for lights until 10:30 when necessary for the 2007 and 2008 seasons. The Association will lose a field at the Community Center in 2007 and a field at Staring Lake in 2008, so space is at a premium. If games are called due to the light curfew, the Association will have a difficult time even finishing them the next day. Residents living 2000 feet from the field were notified, and one resident said the light in his windows at night was bothersome. The Parks Commission approved the request. Young noted the memo said a 1000-foot notification was used, and Lambert said the notification went well beyond that, as complete streets were notified—over 600 people. MOTION: Case moved, seconded by Young, to approve the request of the Eden Prairie Baseball Association for the extension of the curfew for lights at Miller #8 baseball field until 10:30 p.m. for the 2007 and 2008 seasons. Motion carried 5-0. 4. Purgatory Creek Recreation Area Boardwalk Plans Lambert said part of the fourth phase for development of the park is a major promenade from the area of the Flagship office building to a pier extending out over the water. This improvement was budgeted at $85,000 in the cash parks fees, with a current estimate of $89,000. If approved, construction of the walk would begin this fall, with the pier construction taking place on winter ice. The architect presented the plan. The eight-foot-wide pier would be about four feet above the water and extend 65 feet from the shore to a 24 by 24 foot deck with picnic tables and bench seating. The structure would be built to accommodate the addition of shade structures later if fwads allow. Wood posts and steel cable railings would give an open feel. MOTION: Aho moved, seconded by Young, to approve the plans for the boardwalk design and access path within the Purgatory Creek Recreation Area. Motion carried 5-0, 5. Senior Center Advisory Council Request for Irrigation of Pioneer Park Gardens Parks and Recreation I February 10, 2009 EDEN PRAIRIE LIVE* WORK.. DREAM Dear Resident: The Eden Prairie Baseball Association has requested the City to consider allowing the ballfield lights at Miller Park and Round Lake Park to be extended from 10:00 p.m. to 10:30 p.m. when necessary. The 10:30 p.m. curfew has been in place at Miller Park during the 2007 and 2008 seasons. During this extended time, no complaints have been received. OFC 952 949 8300 FAX 952 949 8390 TOO 952 949 8399 8080 Mitchell Ad Eden Prairie, MN 55344-4485 edenprairie.org The impact of having the lights extended to 10:30 p.m. would create a need for the city ordinances to be changed to extend park hours at these two locations to 10:30 p.m. and would allow other athletic associations and city programs to use the lights at these fields until 10:30 p.m. You are invited to attend the Parks, Recreation and Natural Resources Commission meeting on: Monday, March 2 7 p.m. City Center, Council Chambers 8080 Mitchell Road The Parks, Recreation and Natural Resources Commission will be reviewing this request and you are invited to attend to comment on this request. The recommendation of the Parks, Recreation and Natural Resources Commission will be forwarded to the City Council for their decision at their March 17 meeting. Sincerely, 4111r Jay Lotthammer Parks & Recreation Director wow. ti----=RL ?Aim 11--21\-5 Adze - - 3oo TCE5 Ave. cE ---f-rt.EMA A 1-167rin I -)004. ) 0 Cities Surveyed Park Hours Winter/Summer Hours Lights turned off at Athletic Fields Complex Lights turned off in the Parks Apple Valley 7:00AM -10:00PM SAME HOURS 11:30PM FOR ATHLETIC FIELDS 11:15PM Bloomington 6:00AM-10:00PM OUTDOOR RINKS TURN 11:00PM AT ATLETIC COMPLEXES I I:00PM OFF AT 9:00PM Burnsville 5:00AM -10:00PM SAME HOURS 10:20PM FOR ADULT SOFTBALL 10:20PM Chanhassen 6:00AM - 10:00PM SAME HOURS 10:00PM 10:00PM OR EARIER Eagan 6:00AM-11:00PM SAME HOURS 10:00PM 10:00PM Eden Prairie 6:00AM - 10:00PM SAME HOURS 10:00PM 10:00PM Edina 6:00AM -11:00PM SAME HOURS 11:00PM AT ATLETIC COMPLEXES 10:00PM EXEPT FOR ADULT SOFTBALL FIELDS WHICH ARE 11:00PM Hopkins/ 6:00AM -11:00PM Minnetonka SUMMER/DURING ADULT ATHLETICS MAY REAMAIN OPEN LATER THAN 10:00PM BIG WILLOW PARK 10:30PM/ HOPKINS CENTRAL PARK 11:00PM Lakeville 6:00AM - 10:00PM SAME EXEPTIONS FOR ADULT 10:30PM FOR ADULT SOFTBALL SOFTBALL 6:00PM-11:00PM 10:30PM Maple Grove 6:00AM - 11:00PM SAME HOURS 10:30PM 10:30PM Plymouth MON/SAT 8:00AM -10:30PM SAME HOURS Sun 10:00AM -10:30PM 10:30PM 10:30PM Shakopee 6:00AM - 10:00PM SAME HOURS 11:00PM FOR ADULT 11:00PM ATHLETIC AND BASEBALL CITY COUNCIL AGENDA SECTION: Ordinances & Resolutions DATE: March 17, 2009 DEPARTMENT/DIVISION: Public Works Leslie Stovring ITEM DESCRIPTION: First Reading of an Ordinance Amending City Code Section 2.23, Subd. 2.E. ITEM NO.: XI.B. Requested Action Move to: Approve First Reading of an Ordinance Amending City Code Section 2.23, Subdivision 2.E, relating to the roles and responsibilities of the Conservation Commission. Synopsis The Conservation Commission met with the City Council at the Council Workshop on February 17, 2009 to present a draft revision of City Code Section 2.23 Subd. 2E. The revision was requested as the Commission goals have become better understood after two years of service to the City and community. Since the workshop the City Attorney has reviewed the draft and revisions were made to change action items to providing advice and recommendations to the City Council. These modifications are consistent with the workshop discussion and are consistent with our practice of commissions being a recommending body to the City Council. Staff recommends approval of the first reading of the ordinance. Background Information The Conservation Commission was formed in 2006 to advise the City Council and staff on measures such as energy conservation, water resource management and recycling. In 2008 the Commission began working on amending City Code Section 2.23 Subd. 2.E to better reflect the goals the Commission is working to achieve and the actual work tasks that have evolved during the two year period. This revision adds language to Section 2.04, Subdivision 2.E to clarify the Commissions goals and objectives. The major revisions are as follows: • Addition of a set of Roles and Responsibilities • Removal of the task to encourage a community designed for walking, exercise and recreation. It was determined that this was best served by the Parks, Recreation and Natural Resources Commission. • Removal of the task to encourage the reduction of Inflow and Infiltration from the City’s sanitary sewer system. It was determined that Commission oversight of this task was not required. Attachments Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ____-2009 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 2 SECTION 2.23, SUBDIVISION 2.E RELATING TO THE ROLES AND RESPONSIBILITIES OF THE CITIZEN ADVISORY CONSERVATION COMMISSION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. Section 1. City Code Chapter 2 – Section 2.23, Subdivision 2.E entitled “Commissions: Citizen Advisory Conservation Commission” is amended in its entirety to read as follows: E. Citizen Advisory Conservation Commission. The Citizen Advisory Conservation Commission (“CACC”) shall act in an advisory capacity to the City Council and staff about policies and practices that promote the sustainable development and conservation of Eden Prairie’s air, water, and land resources; reduction of residential and commercial solid waste; and the more efficient use of energy in the economic activities of both the public and private sectors, which may include the following. 1. The Commission shall have the following roles and responsibilities: (a) Review, examination and evaluation of the City’s operating policies and practices with the goal of improving performance in this area through the recommendation of Best Management Practices. The CACC shall recommend the inclusion of appropriate environmental conservation and protection measures into the planning process. Where environmental policy mandates of the state and local agencies require the City’s response, the CACC may serve as the body to examine alternatives and make recommendations to the City Council. (b) Provide recommendations as to oversight and accountability for municipal and private initiatives in the area of environmental policies that impact Eden Prairie’s energy and natural resources. The Commission shall serve as the liaison and monitoring body for community events and activities that are relevant to the Commission’s purpose. (c) Educate the community, including Eden Prairie schools and community groups, about the impact of advances in environmental science, engineering, product development and policies to produce a better informed citizenry about environmental conservation. 2. In pursuance of the above stated roles and responsibilities the Commission shall perform the following work tasks: (a) Recommend best practices for energy conservation for Eden Prairie’s citizens, businesses, institutions and City government, including the 20/40/15 initiative. (b) Encourage energy efficiency through appropriate building code improvements. (c) Recommend opportunities to increase the City’s use of alternative energy. (d) Recommend ways to develop a comprehensive recycling, reuse and municipal solid waste (MSW) reduction program. (e) Recommend ways to improve water quality in Eden Prairie. (f) Promote tree planting, native landscapes and infiltration of water runoff with rain gardens and other techniques to maintain healthy urban native landscapes and reduce water consumption. (g) Recommend ways to reduce greenhouse gas emissions and improving air quality in Eden Prairie. (h) Recommend ways to integrate natural resource initiatives and programs into other areas of Eden Prairie government, including other commissions and groups, to better promote natural resource management and conservation. (i) Educate the public, professional associations, organizations, businesses and industries about improving the community’s environment, both natural and man-made. Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation” and Section 2.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. 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 17th day of March, 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 the ______day of April, 2009. CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions DATE: March 17, 2009 DEPARTMENT/DIVISION: City Council ITEM DESCRIPTION: Ordinance Amending City Code Chapter 2.23, Subd. 3, Relating to Membership Range for the Parks, Recreation & Natural Resources Commission – First Reading ITEM NO.: XI.C. Requested Action Move to: Approve First Reading of an Ordinance Amending City Code Section 2.23, Subd. 3, relating to the membership range for the Parks, Recreation, and Natural Resources Commission. Synopsis Currently, the Parks, Recreation, and Natural Resources Commission membership is set at a static number of nine Commission members only. All other City Commissions, except the Heritage Preservation Commission, have a membership range of five to seven members, as is the case for the Human Rights and Diversity Commission, the Arts and Culture Commission, the Conservation Commission; or a range of seven to nine members, as is the case for the Planning Commission. Adjusting the Parks, Recreation, and Natural Resources Commission membership to a range of seven to nine members, instead of a set number of nine only, would better align the membership for this Commission with most other Commissions; and provide the City Council with more flexibility with staffing this Commission each year. Director of Parks and Recreation Jay Lotthammer, also the staff liaison to the Parks, Recreation, and Natural Resources Commission, discussed this topic at the March 2, 2009, Parks, Recreation and Natural Resources Commission meeting, and after some discussion, the Commission understood and agreed to the merits of having a range for the Commission membership. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. __-2009 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.23, SUBD. 3, RELATING TO MEMBERSHIP OF THE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 2.23, Subd. 3, is amended by adding the underlined text as follows: Subd. 3. Membership. Subject to subdivision 6 of this section, each Commission, except the Parks, Recreation and Natural Resources Commission and the Heritage Preservation Commission shall consist of not less than five and not more than seven (as established by the Council from time to time) members. The Parks, Recreation and Natural Resources Commission shall consist of seven (7) to nine (9) members. The Heritage Preservation Commission shall consist of seven (7) members appointed by the Council. Members shall have a demonstrated interest and/or expertise in historic preservation; be residents of the City; and, if available, at least two (2) members shall be preservation-related professionals (including the professions of history, architecture, architectural history, archeology, planning, real estate, or law) and one (1) member shall be a representative of the county Historical Society. Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 2.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. 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 17th day of March, 2009, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of March, 2009. ___________________________________ ____________________________________ Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on the ____ day of ___________, 2009. CITY COUNCIL AGENDA SECTION: Appointments DATE: March 17, 2009 DEPARTMENT/DIVISION: City Council ITEM DESCRIPTION: 2009 City Commission Appointments ITEM NO.: Requested Action Move to: Appoint to the Arts & Culture Commission: Farida Kathawalla, Ann Rorem, and Julia Ramos – Terms to expire March 31, 2012. Move to: Appoint to the Conservation Commission: Sue Brown, Ravi Jaiswal, and Daniel Trebil – Terms to expire March 31, 2012; and Greg Olson – Term to expire March 31, 2010. Move to: Appoint to the Flying Cloud Airport Advisory Commission: Jeff Larsen, Mark Michelson, and Kurt Schendel – Terms to expire March 31, 2012. Move to: Appoint to the Heritage Preservation Commission: Ann Higgins – Term to expire March 31, 2012. Move to: Appoint to the Human Rights and Diversity Commission: Linda Crawford and Peter Huck – Terms to expire March 31, 2012; and Lauren Juergensen – Term to expire March 31, 2011. Move to: Appoint to the Parks, Recreation and Natural Resources Commission: Hutch Coburn and Derek Gunderson – Terms to expire March 31, 2012. Move to: Appoint to the Planning Commission: Jerry Pitzrick, Jacob Lee, and Travis Wuttke – Terms to expire March 31, 2012; and Alexander Martin – Term to expire March 31, 2010. Synopsis The City Council hosted Commission interviews on Tuesday, March 10, 2009. Overall, there were 27 applicants (19 new applicants and eight re-applicants), with 25 interviewing and two “no-shows” for the interview night. Twenty candidates are being designated for Commission appointments on March 17, 2009; 12 appointed for the first time, and eight reappointments. All terms of appointment are scheduled to begin on April 1, 2009. A required City Commission Orientation session will be held on Wednesday, March 25, 2009, for all new and re-appointed Commission members in advance of the April 1 start date for Commission terms. CITY COUNCIL AGENDA SECTION: Appointments DATE: March 17, 2009 DEPARTMENT/DIVISION: City Council ITEM DESCRIPTION: Appointments to 2009 Board of Appeal and Equalization (BAE) ITEM NO.: XIII.B. Requested Action Move to: Appoint to the Board of Appeal and Equalization Brian Duoos, Jim Johnson, Lyndon Moquist, Annette O’Connor, and Patricia Pidcock for the period of March 18, 2009 through May 31, 2009, or until the Board of Appeal and Equalization completes its work. Synopsis The proposed members for Council approval are experienced real estate professionals with extensive knowledge of the Southwest metro area. Brian Duoos of Edina Realty is involved in the sale of single family properties in the southwest metro area. Jim Johnson of The Realty House is involved in the sale of single family properties in the southwest metro. Lyndon Moquist of Edina Realty is involved in the sale of single family properties in the southwest metro. Annette O’Connor of Coldwell Banker Burnet Realty is involved in the sale of single family properties in the southwest metro area. Patricia Pidcock of Edina Realty is involved in the sale of single family properties in the southwest metro area and a former member of the City of Eden Prairie City Council. Background From 1992 through 2008, the City has appointed a special Board of Appeal and Equalization (also formerly named the Board of Review). The members are citizen volunteers that are active and knowledgeable, with extensive experience in the real estate market. The members are recruited by the City Manager and City Assessor and appointed annually with confirmation by the City Council. The City pays the members a per diem payment of $50 for all required training sessions and Board meetings. In 2003, the Minnesota legislature passed a law requiring members of local Boards of Appeal and Equalization Commissions to attend a training session, developed by the Minnesota Department of Revenue, at least once every four years. Eden Prairie’s BAE training session last took place on Wednesday, April 20, 2005, and was good through 2008. The Council is being asked to appoint the BAE members effective March 18, 2009, since the BAE members will be attending the Department of Revenue’s training class later this month. CITY COUNCIL AGENDA SECTION: Appointments DATE: March 17, 2009 DEPARTMENT/ DIVISION: City Council ITEM DESCRIPTION: 2009 Appointments of Chairs and Vice Chairs to City Commissions ITEM NO.: Requested Action Move to: Appoint Ann Rorem - Chair and Farida Kathawalla - Vice Chair of the Arts and Culture Commission. Move to: Appoint Laura Jester - Chair and Daniel Trebil - Vice Chair of the Conservation Commission. Move to: Appoint Richard King - Chair and Jeffrey Larsen - Vice Chair of the Flying Cloud Airport Advisory Commission. Move to: Appoint Ann Higgins - Chair and Kathy Veurink - Vice Chair of the Heritage Preservation Commission. Move to: Appoint Pam Spera - Chair and Marcy Harris - Vice Chair of the Human Rights and Diversity Commission Move to: Appoint Geri Napuck - Chair and Jeff Gerst - Vice Chair of the Parks, Recreation and Natural Resources Commission. Move to: Appoint Jon Stoltz - Chair and John Kirk - Vice Chair of the Planning Commission. Synopsis Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to City Commissions. The City Council hosted Commission interviews on Tuesday, March 10, 2009, and determined Chair and Vice Chair assignments for the period of April 1, 2009, through March 31, 2010 at this time. City Code Section 2.22, Subd. 5 Officers states, if applicable, “The Council shall in March each year choose a chairperson and vice-chairperson for a Board or Commission to serve for a period of one year.” To be eligible for consideration, City Code states, “a chairperson must have served one year on the Board or Commission before becoming eligible for appointment as a chairperson.” CITY COUNCIL AGENDA SECTION: Appointments DATE: March 17, 2009 DEPARTMENT/DIVISION: City Council ITEM DESCRIPTION: Appointments of Chair and Vice-Chair to the Board of Appeal and Equalization ITEM NO.: XIII.D. Requested Action Move to: Appoint Patricia Pidcock – Chair and Brian Duoos – Vice-Chair of the Board of Appeal and Equalization. Synopsis Chairs and Vice-Chairs are appointed annually by the City Council following the appointment of members to City Boards and Commissions. City Code Section 2.22, Subd. 5 Officers states, “the Council shall in March each year choose a chairperson ad vice-chairperson for a Board or Commission to serve for a period of one year.” To be eligible for consideration, City Code states, “a chairperson must have served one year on the Board or Commission before becoming eligible for appointment as a chairperson.” CITY COUNCIL AGENDA SECTION: Reports of the City Manager DATE: March 17, 2009 DEPARTMENT/DIVISION: City Council ITEM DESCRIPTION: Ordinance Amending City Code Chapter 2.23, Subd. 3, Relating to Membership Range for the Parks, Recreation & Natural Resources Commission – Second Reading ITEM NO.: XIV.B.1. Requested Action Move to: Approve Second Reading of an Ordinance Amending City Code Section 2.23, Subd. 3, relating to the membership range for the Parks, Recreation, and Natural Resources Commission. Synopsis First Reading of this Ordinance appeared under Ordinances & Resolutions. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. __-2009 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.23, SUBD. 3, RELATING TO MEMBERSHIP OF THE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 2.23, Subd. 3, is amended by adding the underlined text as follows: Subd. 3. Membership. Subject to subdivision 6 of this section, each Commission, except the Parks, Recreation and Natural Resources Commission and the Heritage Preservation Commission shall consist of not less than five and not more than seven (as established by the Council from time to time) members. The Parks, Recreation and Natural Resources Commission shall consist of seven (7) to nine (9) members. The Heritage Preservation Commission shall consist of seven (7) members appointed by the Council. Members shall have a demonstrated interest and/or expertise in historic preservation; be residents of the City; and, if available, at least two (2) members shall be preservation-related professionals (including the professions of history, architecture, architectural history, archeology, planning, real estate, or law) and one (1) member shall be a representative of the county Historical Society. Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 2.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. 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 17th day of March, 2009, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of March, 2009. ___________________________________ ____________________________________ Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on the ____ day of ___________, 2009. CITY COUNCIL AGENDA SECTION: Report of City Manager DATE: March 17, 2009 DEPARTMENT Office of the City Manager ITEM DESCRIPTION: Resolution Opposing the Metropolitan Council’s Proposal to Amend Airport Classifications of the Twin Cities Regional Airport System Plan ITEM NO.: XIV.B.4. Requested Action Move to: • Adopt the Resolution Opposing the Metropolitan Council’s Proposal to Amend Airport Classifications of the Twin Cities Regional Airport System Plan, and • Direct Staff to prepare a cover letter to the Metropolitan Council strongly opposing the proposal. Synopsis As part of its 2030 Aviation Plan Update, The Metropolitan Council is evaluating a proposal to amend airport classifications of the Twin Cities Regional Airport System Plan, specifically by splitting minor airports into minor I and minor II airports and redefining runway lengths which could potentially result in future expansion of airports, including Flying Cloud Airport, negatively affecting the City of Eden Prairie and other communities that surround minor airports in the metropolitan area. Background Information The Metropolitan Council’s proposal amends the classifications of the MAC system of airports by splitting minor use airports into two minor use categories, which include new primary runway length definitions without limits; and establishes a new primary runway length definition for intermediate use airports, the next higher category, beginning at 6,000 feet. While this proposal may not be in violation of state law, it appears to undermine the intent of the law and presents the opportunity for longer runways if the law were overturned. Minnesota law prohibits MAC from expanding or upgrading the use of an existing metropolitan airport from minor use to intermediate use status without approval in a law. The law defines minor use airport as an airport with a runway or runways of length no longer than 5,000 feet. Applying the Metropolitan Council’s proposal to the current Flying Cloud Airport with a primary runway of 3,900 feet it would be classified as a minor I airport. Once the expansion of the primary runway to 5,000 feet is completed it would become a minor II airport. A minor II airport is defined as an airport with a primary runway of 4,500 feet or greater. The next classification is an intermediate airport beginning with a primary runway of 6,000 feet. This leaves ambiguity between minor II airports, including Flying Cloud Airport, and the newly defined intermediate category. There may be room in the future for an additional 1,000 feet of runway within a minor airport category and this would appear to undermine the intent of current state law. Attachment 1. Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2009-____ A RESOLUTION OPPOSING THE METROPOLITAN COUNCIL’S PROPOSAL TO AMEND AIRPORT CLASSIFICATIONS OF THE TWIN CITIES REGIONAL AIRPORT SYSTEM PLAN WHEREAS, the Metropolitan Council has established a Twin Cities Regional Airport System Plan identifying the classification of each airport within in the system, among other things; and WHEREAS, the classifications for the Metropolitan Airports Commission (MAC) system of airports include: major, intermediate, and minor use airports; and WHEREAS, the Metropolitan Council classification for minor use airports include: Anoka County-Blaine, Flying Cloud, Airlake, Crystal, Lake Elmo, and South St. Paul, with a primary runway length between 2,500 and 5,000 feet; and WHEREAS, the Metropolitan Council classification for intermediate use airports include St. Paul-Holman, with a primary runway length between 5,001 and 8,000 feet; and WHEREAS, Minnesota statutes state the MAC shall not use revenue from any source for construction of air facilities to expand or upgrade the use of an existing metropolitan airport from minor use to intermediate use status without approval in a law. The law defines minor use airport as an airport with a runway or runways of length no longer than 5,000 feet; and WHEREAS, the Metropolitan Council is proposing to amend the classifications of the MAC system of airports by splitting minor use airports into minor I and minor II categories that include new primary runway length definitions without limits within its category, and establishing a new primary runway length definition for intermediate use airports, the next higher category, beginning at 6,000 feet; and WHEREAS, the Metropolitan Council proposal to amend the classifications as discussed above creates ambiguity between runway length and the intent of state law; begins to erode safeguards on the type and size of aircraft that may use these minor airports and the associated noise impacts on surrounding communities. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Eden Prairie that this City Council recommends that the Metropolitan Council abandon its proposal to amend the classifications of the MAC system of airports by splitting minor use airports into minor I and minor II categories, and abandon the proposed primary runway length definitions without limits within each category, and abandon its proposal to establish a new primary runway length redefining intermediate use airports beginning at 6,000 feet and retain current state law. ADOPTED by the City Council on March 17, 2009. __________________________ Phil Young, Mayor ATTEST: __________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Report of the Parks and Recreation Director DATE: March 17, 2009 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Fee for Outside Caterers at the Community Center ITEM NO.: XIV.D.1. Motion Move to: Authorize staff to charge a catering fee to outside caterers providing catering services at the Eden Prairie Community Center. Synopsis Preferred catering services were selected as a way to provide a variety of quality food choices at a range of price points to room rental patrons at the Eden Prairie Community Center. The Community Center does not require its clients to use an Approved Caterer in those instances when there is a small gathering (30 people or less), or when, in the City’s sole discretion, ethnic, cultural, or religious needs cannot be met by the Approved Caterers. The agreement with the Approved Caterer’s includes a reimbursement to the community center. This reimbursement recognizes the benefit to being an approved caterer along with the additional costs incurred by the community center. There are some cases where due to ethnic or religious considerations; a caterer outside of the approved list is desired. Staff is recommending that the following fees be established for groups using caterers that are not a part of the Approved Caterers list. Groups (size 30-50 people) $75.00/fee to Community Center Groups (size 50-100 people) $150.00/fee to Community Center Recent Rentals Event Guests Caterer Commission Fee Ethnic Group 80-100 Outside Caterer $0 Ethnic Group 80-100 Outside Caterer $0 Conference 80 guests Biaggi’s $240 Buffet breakfast 65 guests Catering Minnesota $85 Birthday Party 30 guests Davanni’s $35 Athletic Association team party 80 guests Davanni’s $65 Birthday Party 40 guests Crumb Gourmet Deli $60 Hockey Party 75 guests Crumb Gourmet Deli $105 The Parks, Recreation and Natural Resources Commission reviewed this information at their March 2 meeting and recommend approval. Community Center Fee for Outside Caterers March 17, 2009 Page 2 Background The City adopted a Food and Beverage Policy in May 2008. There were five Approved Caterers selected, whom patrons are required to use when ordering food and beverage services at the Community Center for events such as: athletic banquets, business seminars, wedding receptions and special events. The Food and Beverage Policy provides the following Commission Fees to the Community Center: Eden Prairie Community Center Commission For all food & beverage service provided by the Caterer (excluding tax and gratuity) • Monday – Friday………….……6:00 a.m. to 5:00 p.m………..…..8% of all gross sales* • Monday – Friday…………….…5:00 p.m. to midnight………….12% of all gross sales* • Saturday / Sunday/Holidays……6:00 a.m. to midnight………….12% of all gross sales* • Alcoholic beverages including all bar sales…………..……….…..25% of all gross sales * = Non-alcoholic beverages only In anticipation of residents needs, the Food section of the City Policy for Facility Use was changed to anticipate the need for catering services at the Community Center. The Community Center does not require its clients to use an Approved Caterer in those instances when there is a small gathering (30 people or less), or when, in the City’s sole discretion, ethnic, cultural, or religious needs cannot be met by the Approved Caterers. Due to a lack of an established fee, the outside caterer was not required to pay any additional commission to the Community Center. In January, 2009 there were two large gatherings of 80-100 people, where the user group cited ethnic needs that were not able to be met by the Community Center’s Approved Caterers. The outside caterer provided staff with following required documents: • Comprehensive General Liability Insurance – Also naming the City of Eden Prairie as additional insured for the date of the event • Bonding with the State of Minnesota. • A copy of current Health Department License and Certified Food Mgrs. License.