HomeMy WebLinkAboutCity Council - 04/21/2009 AGENDA
CITY COUNCIL WORKSHOP
& OPEN PODIUM
TUESDAY,APRIL 21, 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. 2008 FINANCIAL RESULTS
Council Chamber
II. OPEN PODIUM
III. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, APRIL 21, 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. HENNEPIN COUNTY LIBRARY UPDATE
B. ARBOR DAY PROCLAMATION
C. ACCEPT DONATIONS FOR STARING LAKE OUTDOOR CENTER
OBSERVATORY
1. Doug Kohrs
2. Steve Mohn
D. ACCEPT DONATION FOR THE ART CENTER FROM THE EDEN
PRAIRIE LIONESS CLUB
E. METROPOLITAN AIRPORTS COMMISSION PRESENTATION
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 17, 2009
B. CITY COUNCIL MEETING HELD TUESDAY,MARCH 17, 2009
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. APPROVE SECOND READING OF ORDINANCE AMENDING CITY
CODE CHAPTER 9 RELATING TO HOURS OF OPERATION OF PUBLIC
PARKS
CITY COUNCIL AGENDA
April 21, 2009
Page 2
C. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE
SECTION 2.23 RELATING TO CONSERVATION COMMISSION ROLES &
RESPONSIBILITIES AND ADOPT RESOLUTION APPROVING SUMMARY
FOR PUBLICATION
D. ADOPT RESOLUTION APPROVING FINAL PLAT OF PRESERVE
COMMERCIAL PARK NORTH 5TH ADDITION
E. AWARD THE CONTRACT FOR STARING LAKE OUTDOOR CENTER
OBSERVATORY TO HUNERBERG CONSTRUCTION
F. AWARD CONTRACT FOR PLAYGROUND EQUIPMENT AT BIRCH
ISLAND PARK TO CLEARWATER RECREATION LLC
G. AWARD CONTRACT FOR PLEASANT HILL CEMETERY FENCING TO
MIDWEST FENCE
H. ACCEPT 2008 GENERAL FUND FINANCIAL RESULTS AND APPROVE
FUND TRANSFERS
I. ADOPT RESOLUTION APPROVING TRAFFIC CONTROL SIGNAL
AGREEMENT NO. 93962 WITH MNDOT FOR THE TRAFFIC SIGNAL ON
FLYING CLOUD DR. AT SINGLETREE LN., I.C. 07-5690
J. AWARD CONTRACT FOR 2009 STREET STRIPING TO HIGHWAY
TECHNOLOGIES INC.,I.C. 09-5747
K. AWARD CONTRACT FOR 2009 BITUMINOUS CRACK SEALING TO
PRECISION SEALCOATING INC., I.C. 09-5748
L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR
THE BENT CREEK GOLF COURSE DRAINAGE IMPROVEMENTS, I.C.
09-5754
M. APPROVE SELECTION OF PDI TO PERFORM THE CITY MANAGER'S
2009 PERFORMANCE REVIEW
N. AWARD THE CONTRACT FOR RECONSTRUCTION OF ROUND LAKE
PARK TENNIS COURT COMPLEX TO NORTHWEST ASPHALT INC.
O. ADOPT RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS
FOR VALLEY VIEW ROAD FRONTAGE ROAD
IX. PUBLIC HEARINGS/MEETINGS
A. ANCHOR BANK Request for: Planned Unit Development Concept Amendment
on 1.06 acres, Planned Unit Development District Review with waivers on 1.06
acres and Zoning District Amendment within the Commercial Regional Service
Zoning District on 1.06 acres and Site Plan Review on 1.06 acres. Location: 12950
Technology Drive. (Resolution for PUD Concept Amendment; Ordinance for
PUD District Review and Zoning District Amendment)
CITY COUNCIL AGENDA
April 21, 2009
Page 3
B. LONE OAK/MITCHELL ROAD SIGNAL LIGHT REASSESSMENT,
I.C. 06-5675
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 9,
SECTION 9.10,RELATING TO FIRE AND BURGLAR, ROBBERY AND
SAFETY ALARM SYSTEMS
XII. PETITIONS REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCILMEMBERS
1. Council Member Case—Budget Advisory Commission
B. REPORTS OF CITY MANAGER
1. Goodrich Remus Barn
2. Joint Airport Zoning Board
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. Garage Sale Code Amendment
2. Use of CDBG Funds for Renovation of PROP New Location
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
1. Acquisition of Easements for Valley View Road Frontage Road
(Resolution)
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA
DATE: April 17, 2009
TO: Mayor and City Council
FROM: Scott Neal, City Manager
RE: City Council Meeting for Tuesday, April 21, 2009
TUESDAY, APRIL 21, 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. HENNEPIN COUNTY LIBRARY UPDATE
Michele McGraw, Eden Prairie Library, will provide an update.
B. ARBOR DAY PROCLAMATION
Mayor Young will read the proclamation.
C. ACCEPT DONATIONS FOR STARING LAKE OUTDOOR CENTER
OBSERVATORY
1. Doug Kohrs
Synopsis: On April 16, 2009, staff received bids to build an observatory
building located at the Staring Lake Outdoor Center. The low bid to construct
the project is $114,329. The donation from Doug and Carolyn Kohrs, along
with the donation from Steve and Sue Mohn, provides the funding needed for
the project.
The City of Eden Prairie accepted the donation of a telescope that is capable
of viewing into deep space. This telescope would add to and enhance the
ANNOTATED AGENDA
April 21, 2009
Page 2
current astronomy programs that are conducted at the Staring Lake Outdoor
Center. In addition, the Staring Lake Outdoor Center contains the necessary
support structures such as a parking lot, indoor classroom and electric
services. The Outdoor Center also has the advantage of a south facing view
and has limited outdoor light that could compromise viewing through the
telescope. In order to house and operate the telescope, a protective structure
that has a stable base to affix the telescope is required. Staff has worked with
architects from Buetow and Associates to design an appropriate structure.
After seeing an article in the StarTribune that indicated the need for donations;
Mr. and Mrs. Kohrs approached city staff to express interest in contributing to
the project. Mr. and Mrs. Kohrs believe that this addition will inspire
continued interest in the areas of math and science and astronomy and will be
an asset to the Outdoor Center.
MOTION: Move to accept the donation from Doug and Carolyn
Kohrs in the amount of $115,000 to assist with funding for Staring
Lake Outdoor Center Observatory.
2. Steve Mohn
Synopsis: After seeing an article in the StarTribune that indicated the need
for donations; Mr. Mohn approached city staff to express interest in
contributing to the project. Mr. and Mrs. Mohn also believe that this addition
will inspire continued interest in the areas of math and science and astronomy
and will be an asset to the Outdoor Center.
MOTION: Move to accept the donation from Steve and Sue Mohn
in the amount of $10,000 to assist with funding for the Staring
Lake Outdoor Center Observatory.
D. ACCEPT DONATION FOR THE ART CENTER FROM THE EDEN
PRAIRIE LIONESS CLUB
Synopsis: The Eden Prairie Lioness Club is donating $3,200 to assist with funding
for equipment at the Art Center. The club has also pledged an additional $1,800 to be
donated in January of 2010.
In addition to supporting the fundraising efforts of the Friends of the Eden Prairie Art
Center, city staff continues to seek donations through community groups and grant
opportunities. To date, city staff has recruited and raised nearly $50,000. The Lioness
Club has had a long history of supporting recreational opportunities within the
community and is continuing to do so with their commitment towards the Art Center.
ANNOTATED AGENDA
April 21, 2009
Page 3
MOTION: Move to accept the donation from the Eden Prairie Lioness
Club in the amount of $3,200 to assist with funding for equipment at the
Art Center.
E. METROPOLITAN AIRPORTS COMMISSION PRESENTATION
Tim Anderson will provide an update.
VI. MINUTES
MOTION: Move to approve the following City Council minutes:
A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 17, 2009
B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 17, 2009
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-N on the Consent Calendar.
A. CLERK'S LICENSE LIST
B. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE
CHAPTER 9 RELATING TO HOURS OF OPERATION OF PUBLIC PARKS
C. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE
SECTION 2.23 RELATING TO CITIZEN ADVISORY CONSERVATION
COMMISSION ROLES & RESPONSIBILITIES AND ADOPT RESOLUTION
APPROVING SUMMARY ORDINANCE
D. ADOPT RESOLUTION APPROVING FINAL PLAT OF PRESERVE
COMMERCIAL PARK NORTH 5TH ADDITION
E. AWARD THE CONTRACT FOR STARING LAKE OUTDOOR CENTER
OBSERVATORY TO HUNERBERG CONSTRUCTION
F. AWARD CONTRACT FOR PLAYGROUND EQUIPMENT AT BIRCH ISLAND
PARK TO CLEARWATER RECREATION LLC
G. AWARD CONTRACT FOR PLEASANT HILL CEMETERY FENCING TO
MIDWEST FENCE
H. ACCEPT 2008 GENERAL FUND FINANCIAL RESULTS AND APPROVE
FUND TRANSFERS
I. ADOPT RESOLUTION APPROVING TRAFFIC CONTROL SIGNAL
AGREEMENT NO. 93962 WITH MNDOT FOR THE TRAFFIC SIGNAL ON
FLYING CLOUD DR. AT SINGLETREE LN., I.C. 07-5690
ANNOTATED AGENDA
April 21, 2009
Page 4
J. AWARD CONTRACT FOR 2009 STREET STRIPING TO HIGHWAY
TECHNOLOGIES INC., I.C. 09-5747
K. AWARD CONTRACT FOR 2009 BITUMINOUS CRACK SEALING TO
PRECISION SEALCOATING INC., I.C. 09-5748
L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR
THE BENT CREEK GOLF COURSE DRAINAGE IMPROVEMENTS, I.C. 09-
5754
M. APPROVE SELECTION OF PDI TO PERFORM THE CITY MANAGER'S
2009 PERFORMANCE REVIEW
N. AWARD THE CONTRACT FOR RECONSTRUCTION OF ROUND LAKE
PARK TENNIS COURT COMPLEX TO NORTHWEST ASPHALT INC.
O. ADOPT RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS
FOR VALLEY VIEW ROAD FRONTAGE ROAD
IX. PUBLIC HEARINGS/MEETINGS
A. ANCHOR BANK Request for: Planned Unit Development Concept Amendment on
1.06 acres, Planned Unit Development District Review with waivers on 1.06 acres
and Zoning District Amendment within the Commercial Regional Service Zoning
District on 1.06 acres and Site Plan Review on 1.06 acres. Location: 12950
Technology Drive. (Resolution for PUD Concept Amendment; Ordinance for
PUD District Review and Zoning District Amendment)
Official notice of this public hearing was published in the April 9, 2009,Eden Prairie
News and sent to 83 property owners.
Synopsis: The existing building was a Krispy Kreme Doughnut Shop. The project is to
add a drive-thru canopy and an additional 494 square feet to the building to accommodate
a new Anchor Bank. The building addition meets the building material standards.
Parking meets code and the drive-thru provides adequate stacking.
A front yard setback waiver from 35 feet to 31 feet is currently requested for the building
addition on the east side where an outdoor patio existed. This waiver may have merit for
the following reasons:
• The setback is consistent with the variance approved in 2003.
• The distance between the building addition and Prairie Center Drive is over 100
feet.
• The addition adds architectural interest.
The 120-Day Review Period Expires on June 30, 2009. The Planning Commission voted
7-0 to recommend approval at the March 23, 2009,meeting.
ANNOTATED AGENDA
April 21, 2009
Page 5
MOTION: Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Planned Unit Development Concept
Amendment on 1.06 acres; and
• Approve 1st Reading of the Ordinance for Planned Unit Development
District Review with waivers and Zoning District Amendment in the
Commercial Regional Service Zoning District on 1.06 acres; and
• Direct Staff to prepare a Development Agreement incorporating Staff
and Commission recommendations and Council conditions.
B. LONE OAK/MITCHELL ROAD SIGNAL LIGHT REASSESSMENT, I.C. 06-5675
Official notice of this public hearing was published in the April 2, 2009,Eden Prairie
News and sent to the owner and the receiver.
Synopsis: On May 16, 2006, the City entered into Special Assessment Agreement 06-
04 with Lone Oak Center, LLC, regarding traffic signal improvements to the Lone Oak
Road and Mitchell Road intersection, which have been completed. The assessed
property has gone into foreclosure and the receiver has asked that consideration be
given to amending the time of repayment from 5 years to 15 years to make the
development financially viable. All other aspects of the assessment—principle amount
and interest rate—will remain the same. Council approval of the reassessment may be
granted upon a finding that the assessment is excessive. Based on current economic
conditions, a 5 year repayment period creates an excessive assessment against the
property, therefore, staff recommends a 15 year payment period as per the receivers
request.
MOTION: Move to:
• Close the public; and
• Adopt the resolution approving Lone Oak/Mitchell Signal Light
Reassessment.
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,
SECTION 9.10,RELATING TO FIRE AND BURGLAR, ROBBERY AND
SAFETY ALARM SYSTEMS
Synopsis: This ordinance separates alarm systems regulated by the Police
Department and the Fire Department into two separate areas. It provides a
registration method for alarm systems.
ANNOTATED AGENDA
April 21, 2009
Page 6
Burglar, Robbery and Safety Alarm Systems—These alarm systems will be required
to be registered. A fee will be required with the registration. Repeated false alarms
will result in false alarm fees and possible suspension of response.
Fire Alarm Systems—Code Required—These alarms systems will be required to be
registered. The registration is free once an educational training program is completed
by a representative of the owner. Repeated false alarms will result in false alarms
fees and possible suspension of the registration.
Fire Alarm Systems—Non-Required—These alarms systems will not be required to
be registered. Repeated False Alarms will result in false alarms fees.
The City of Eden Prairie has had an alarm system ordinance in place for many years
that allows us to charge a fee for false alarms. The intent has always been to prevent
false alarms, not to generate fees for the City. Police and Fire response to alarms
result in direct costs to the citizens in actual dollars spent. They can also have non-
monetary effects, such as the inherent danger of emergency response. In analyzing
false alarm causes,we found that the ordinance in its existing form was not having
the desired effect. Some companies were budgeting for the false alarm fees rather
than taking actions to prevent them.
We also found that there needed to be a difference in how we approach alarm
systems. Many fire alarm systems are required by Fire Codes to be installed for
protection of life. Burglar and robbery systems are installed based on the occupant's
request, not code mandates.
This ordinance allows the City to tailor the response to false alarms so as to
encourage owners to take steps to prevent them. It also allows registration of the
most problematic alarms to provide us with the owner and contact information that
allows us to rapidly work with the responsible parties, thereby intervening before
problems continue or escalate.
MOTION: Move to approve first reading of an Ordinance amending City
Code Chapter 9, Section 9.10, relating to Fire and Burglar, Robbery and
Safety Alarm Systems and adopting by reference City Code Chapter 1 and
Section 9.99 which among other things contain penalty provisions.
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCILMEMBERS
1. Council Member Case—Budget Advisory Commission
ANNOTATED AGENDA
April 21, 2009
Page 7
B. REPORTS OF CITY MANAGER
1. Goodrich Remus Barn
Synopsis: The City Council considered a request from Hennepin County for
the City to accept ownership of the Goodrich-Remus Barn at the Council's
August 19, 2008, meeting. The Council's discussion and direction on this
matter is reflected in the following except from the approved minutes of that
meeting:
"2. Section 106 Memorandum of Agreement between the Federal
Highway Administration and the Minnesota State Historic
Preservation Office
Neal said we are moving forward with the Pioneer Trail project and
need to get the final approval from the historic preservation standpoint
of the Goodrich-Remus barn. This item authorizes the City Manager
and the Heritage Preservation Commission Chair to sign the Section
106 agreement which sets out all the various things we are going to
agree to take care of We have had a lot of discussion about this barn.
The barn was sold by the
owners to Hennepin County, so the County owns the property. We are
going forward with the review of the project.
Neal said his position as we moved this project forward has been that
Hennepin County owns the barn and the City does not own the barn.
We have had a strong mandate from the Council to make the road
project happen. We made agreements with the County to enable the
road project to go ahead. We have not had a mandate from the
Council to save the barn. He
was looking for reaffirmation from the Council on this issue. He
recently learned the county has come up with a design that would
preserve the barn in place. His initial position with the County has
been that they own the barn and we have not expressed interest in
receiving the barn or owning it at some point in the future.
Young said a lot of people are anxious to see Pioneer Trail expanded,
and we need to do whatever we can to get that process on track and
completed as soon as possible. He said he had no idea what Hennepin
County intentions are with the barn.
Duckstad said he has no interest in the barn. He did not want to
receive it and was opposed to participating any further.
Nelson said she did want to see the road go through, and she was glad
to see the County has put together a plan for the barn. She didn't want
to go so far as to say we would never have an interest in getting a gift
of the barn, especially if it would be fully restored and we would
receive some help with ongoing maintenance.
ANNOTATED AGENDA
April 21, 2009
Page 8
Aho said he was anxious to see the roadway move forward because it
is a very important roadway to the Eden Prairie residents. He also had
no interest in the City owning the property. If Hennepin County wants
to own and maintain the barn, that would be okay but he didn't want
the City to have the financial burden of maintaining it.
MOTION:Nelson moved, seconded by Aho, to authorize the City
Manager and Heritage Preservation Commission Chairperson to sign
the Section 106 Memorandum of Agreement between the Federal
Highway Administration and the Minnesota State Historic
Preservation Office Regarding Reconstruction of County State Aid
Highway 1 (Pioneer Trail). Motion carried 3-1, with Duckstad
opposed"
Hennepin County has asked the City to give one final consideration to
accepting ownership and responsibility for the barn. Staff has examined ideas
and concepts for how we might make functional use of the barn,but have
been able to not identify an operational function for the barn, other than
historic preservation. Our recommendation to the Council back in August
2008 was based on that conclusion. Staff has had additional discussions
internally on the subject since the August 19 Council direction, but has not
changed our position on this matter. If the Council wishes to accept
ownership of the barn for historic preservation purposes, we will certainly do
our best to make that decision successful.
Staff has previously communicated the City's position on this matter to the
County. The County, however, wants to hear the final position on this matter
from the City Council, and not just City staff. The County wants to hear a
final response on the matter from the Council at the April 21 meeting as they
plan to begin the Pioneer Trail improvement project very soon.
MOTION: Move to affirm the City Council's August 19, 2008,
decision regarding the City's potential ownership of the Goodrich-
Remus Barn.
2. Joint Airport Zoning Board
Synopsis: The Metropolitan Airports Commission (MAC)proposes to
establish a Joint Airport Zoning Board for the Flying Cloud Airport to
regulate air space zones and land use safety zones to protect the airport
environment from hazards to aircraft. MAC has requested that the City of
Eden Prairie participate on the Board together with the cities of Bloomington,
Shakopee, and Chanhassen. (For additional information, see attached cover
memo).
ANNOTATED AGENDA
April 21, 2009
Page 9
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. Garage Sale Code Amendment
On February 23, 2009 the Planning Commission discussed the following
amendments to the City Code related to garage sales.
• Definition: "Garage Sale" - A sale of used household or personal articles
(furniture, tools, clothing, household appliances, books, sports equipment)
held on the seller's own premises. The term garage sale shall also include
"yard sale", "estate sale," "moving sale," "multi-family sale," "auction,"
"rummage sale, tag sale."
• Permitted Districts: Garage sales may occur on properties zoned Rural,
R1 and RM with a dwelling unit or units erected and a Certificate of
Occupancy issued.
• Number of Sales per Year: Not more than four (4) garage sales may
occur at a dwelling in a twelve (12) month period.
• Duration of a Garage Sale: No sale shall exceed a period of four (4)
consecutive days.
• Items Permitted to be Sold at a Garage Sale: Garage sale items may
not include commercial merchandise designated for retail sales or those
items purchased for the sole intent of resale. The items offered for sale
shall consist only of items owned by the resident of the dwelling, by
family members or neighbors within one-thousand feet (1000') feet of
such dwelling.
• Signs: Garage sale signs must comply with Section 11.70 entitled sign
permits.
The Planning Commission first discussed whether the City should have
additional regulations on garage sales. After some discussion the
commission agreed that addition rules were need and concurred with the
staff proposal, but for one modification. The commission directed staff to
delete the 1,000 foot requirement and work with the City Attorney on a
draft ordinance.
Requested Action:
1. Direct staff not to amend the City code related to garage
sales.
Or
2. Direct staff to work with the City Attorney to draft a garage
sales ordinance.
ANNOTATED AGENDA
April 21, 2009
Page 10
2. Use of CDBG Funds for Renovation of PROP New Location
Synopsis: PROP has acquired a property at 14700 Martin Drive which they
expect to begin operating from in the summer of 2009. Some modifications
are needed to make the building fully functional as a food shelf and service
center. These modifications include the addition of handicapped accessible
doors, removal of a wall and construction of a wall.
The CDBG grant for this project will come from the $100,000 in program
income which has been generated by other CDBG funded program. This
grant will be structured as those that have been made to the ABC Foundation
and the Edendale Residence for rehabilitation projects.
PROP has served Eden Prairie residents for over 30 years. PROP has now
outgrown the space it has occupied within the City Center and acquired a new
site on Martin Dr.
MOTION: Move to approve the use of up to $50,000 in CDBG
funds to make renovations necessary at the new PROP site
located at 14700 Martin Drive.
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
1. Acquisition of Easements for Valley View Road Frontage Road
(Resolution)
Synopsis: During the development approval process of the site that is now
Home Depot and the adjacent office building referred to as the CSM Office
Building (CSM), a cross access easement was established between the two
parcels. The final authorization of the two projects occurred independently,
CSM being the latter. When CSM came through the process, we also required
them to provide cross access to the vacant parcel between CSM and Topview
Road owned by Menards. In order to have a functional frontage road for all
three parcels, Home Depot must provide cross access to the Menards parcel.
Home Depot is unwilling to do so. This resolution will allow this access to be
obtained through eminent domain procedures.
Background
The issue of providing proper access to the properties along the north side of
Valley View Road between Prairie Center Drive and Topview Road was
debated a few years ago when Menards brought forward an office project. In
order to maintain the integrity of Valley View Road by minimizing the
number of full access driveways, the ultimate solution is a frontage road
between the easterly full access driveway of Home Depot and a new access
driveway to Topview Road. Although this configuration was contemplated
during the development of the Home Depot store and CSM, the cross access
ANNOTATED AGENDA
April 21, 2009
Page 11
document signed by Home Depot did not include the Menards parcel. The
City Attorney's office has been working with staff and the attorneys for the
three parties to obtain the approval from Home Depot, but to no avail. A
significant impediment is the fact that Home Depot and Menards are
competitors. Home Depot has indicated a willingness to sign a cross access
document if Menards signs a non-compete agreement for the site—impasse.
Other options including taking a"wait and see" approach to verify the
ultimate use of the Menards site and going to court to seek an order to
"correct"the Home Depot Development Agreement were also explored.
In discussions with the CSM and Menards attorneys, their preference is to
proceed with condemnation and resolve the issue now. This would expedite
the development review for any forthcoming project on the Menards parcel.
Financial Issues
Prior to filing the action for condemnation, staff will obtain written consent
from CSM and Menards that the entire cost of the proceedings will be at their
expense.
MOTION: Move to adopt resolution authorizing the City Engineer
and City Attorney to pursue the acquisition of easements
necessary for the construction and maintenance of a frontage
road adjacent to Valley View Road between Home Depot and
Topview Road.
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
ITEM NO.: IV.B.
PROCLAMATION
ARBOR DAY - MAY 2, 2009
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture
that a special day be set aside for the planting of trees; and
WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more
than a million trees; and
WHEREAS, Arbor Day is now observed throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut
heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide
habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper,wood for homes, fuel for
our fires and countless other wood products; and
WHEREAS,trees, whenever they are planted, are a source of joy and spiritual renewal;
and
WHEREAS, Eden Prairie has been recognized as a Tree City USA by the National
Arbor Day Foundation and desires to continue its tree planting ways.
NOW, THEREFORE, I, Phil Young, Mayor of the City of Eden Prairie, Minnesota, do
hereby proclaim May 2nd, 2009, as Arbor Day in the City of Eden Prairie, and urge all citizens
to support efforts to protect our trees and woodlands and to support our city's urban forestry
program; and
FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well
being of present and future generations.
ADOPTED by the Eden Prairie City Council on April 21, 2009.
Phil Young, Mayor
CITY COUNCIL AGENDA DATE:
SECTION: Presentations and Proclamations April 21, 2009
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C.1.
Jay Lotthammer, Accept Donation from the Doug and Carolyn
Parks and Recreation Director Kohrs Towards the Staring Lake Outdoor
Center Observatory
Motion
Move to: Accept the donation from Doug and Carolyn Kohrs in the amount of$115,000 to
assist with funding for Staring Lake Outdoor Center Observatory.
Synopsis
On April 16, 2009, staff received bids to build an observatory building located at the Staring
Lake Outdoor Center. The low bid to construct the project is $114,329. The donation from Doug
and Carolyn Kohrs, along with the donation from Steve and Sue Mohn, provides the funding
needed for the project.
Background
The City of Eden Prairie accepted the donation of a telescope that is capable of viewing into deep
space. This telescope would add to and enhance the current astronomy programs that are
conducted at the Staring Lake Outdoor Center. In addition, the Staring Lake Outdoor Center
contains the necessary support structures such as a parking lot, indoor classroom and electric
services. The Outdoor Center also has the advantage of a south facing view and has limited
outdoor light that could compromise viewing through the telescope. In order to house and
operate the telescope, a protective structure that has a stable base to affix the telescope is
required. Staff has worked with architects from Buetow and Associates to design an appropriate
structure.
After seeing an article in the StarTribune that indicated the need for donations; Mr. and Mrs.
Kohrs approached city staff to express interest in contributing to the project. Mr. and Mrs. Kohrs
believe that this addition will inspire continued interest in the areas of math and science and
astronomy and will be an asset to the Outdoor Center.
CITY COUNCIL AGENDA DATE:
SECTION: Presentations and Proclamations April 21, 2009
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.D.2.
Jay Lotthammer, Accept Donation from Steve and Sue Mohn
Parks and Recreation Director Towards the Staring Lake Outdoor Center
Observatory
Motion
Move to: Accept the donation from Steve and Sue Mohn in the amount of$10,000 to assist
with funding for the Staring Lake Outdoor Center Observatory.
Synopsis
On April 16, 2009, staff received bids to build an observatory building located at the Staring
Lake Outdoor Center. The low bid to construct the project is $114,329. The donation from Steve
and Sue Mohn, along with the donation from Doug and Carolyn Kohrs, provides the funding
needed for the project.
Background
The City of Eden Prairie accepted the donation of a telescope that is capable of viewing into deep
space. This telescope would add to and enhance the current astronomy programs that are
conducted at the Staring Lake Outdoor Center. In addition, the Staring Lake Outdoor Center
contains the necessary support structures such as a parking lot, indoor classroom and electric
services. The Outdoor Center also has the advantage of a south facing view and has limited
outdoor light that could compromise viewing through the telescope. In order to house and
operate the telescope, a protective structure that has a stable base to affix the telescope is
required. Staff has worked with architects from Buetow and Associates to design an appropriate
structure.
After seeing an article in the StarTribune that indicated the need for donations; Mr. Mohn
approached city staff to express interest in contributing to the project. Mr. and Mrs. Mohn also
believe that this addition will inspire continued interest in the areas of math and science and
astronomy and will be an asset to the Outdoor Center.
CITY COUNCIL AGENDA DATE:
SECTION: Presentations and Proclamations April 21, 2009
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.D.
Jay Lotthammer, Eden Prairie Lioness Club Art Center
Parks and Recreation Director Donation
Motion
Move to: Accept the donation from the Eden Prairie Lioness Club in the amount of$3,200
to assist with funding for equipment at the Art Center.
Synopsis
The Eden Prairie Lioness Club is donating $3,200 to assist with funding for equipment at the
Art Center. The club has also pledged an additional $1,800 to be donated in January of 2010.
Background
In addition to supporting the fundraising efforts of the Friends of the Eden Prairie Art Center,
city staff continues to seek donations through community groups and grant opportunities. To
date, city staff has recruited and raised nearly $50,000. The Lioness Club has had a long history
of supporting recreational opportunities within the community and is continuing to do so with
their commitment towards the Art Center.
Attachments
Letter from Lioness Club Treasurer and Copy of Check
March 12,2009
Ruth Gustafson
Eden Prairie Lioness
Treasurer
6509 Sheridan Avenue South
Richfield, MN 55423
Lindsey Scott
Art Center Coordinator
City of Eden Prairie
7650 Equitable Drive
Eden Prairie, Mn. 55344
Dear Lindsey:
On behalf of the Eden Prairie Lioness we are very pleased to be able to help the EP Art Center in
meeting their goals. Enclosed you will find a check in the amount of$3200.00 to purchase the items
listed in your proposal. In January of 2010 you will receive another check in the amount of$1800.00,
equaling a total of$5,000.
Sincexly,
Ruth Gustafson
Treasurer
EDEN PRAIRIE LIONESS CLUB
Eden Prairie,MN:55344:'
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ITEM NO.: VI.A.
UNAPPROVED MINUTES
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
Council Member Nelson was absent. Planner Regina Herron and Assistant City Engineer Randy
Newton attended.
I. SOUTHWEST LIGHT RAIL TRANSIT (LRT) UPDATE
A. Draft Environmental Impact Statement (DEIS)
Oscar Gonzalez of HDR, Hennepin County Regional Railroad Authority(HCRRA)
consultant, provided an overview of the Draft Environmental Impact Statement process
for the southwest Light Rail Transit (SW LRT)project. He said the DEIS is a required
component of the project development process for all new FTA starts. Gonzalez said the
scoping portion of the DEIS took place from September 8 to November 7, 2008, and
included several community meetings. Gonzalez said HCRRA plans to complete the
DEIS by the end of 2009. Evaluation of alternatives was conducted after scoping. The
next steps are to finalize the DEIS and publish it. Currently, two alignments are under
consideration. The first alignment(Alignment 1)would follow the LRT trail right-of-
way, which Hennepin County already owns. The other alignment under consideration
(Alignment 3) would run through the Golden Triangle and terminate at Mitchell Road.
The study includes analysis of significant earthwork; right-of-way issues; and roadway,
right-of-way, and at-grade impacts.
Mayor Young said the City of Eden Prairie has clearly expressed support for Alignment
3. He said he thought Hennepin County was in agreement that this was the alternative
that should be pursued. He asked why Alignment 1 is included in the study. Gonzalez
said that for funding purposes both alignments must be studied. Assistant City Engineer
Randy Newton said Hennepin County plans to identify a locally preferred alignment by
early summer, and this alternative will go forward in the DEIS process.
City Council Workshop
March 17, 2009
Page 2
B. Station Area Planning
Gary Hay and Tom Johnson from Hay Dobbs presented an overview of the station area
planning study. Hay said that,unlike the DEIS, the station area planning study is for
Alignment 3 only. Hay reviewed proposed land use plans for the five stations
anticipated for Eden Prairie: City West Parkway/Shady Oak, Golden Triangle, Eden
Prairie Town Center, Southwest Station, and Mitchell Road. The study is expected to be
completed this summer. Council Member Aho said it is important that LRT not have a
negative impact on the current traffic situation. Hay said that is one of the challenges
being studied as part of the planning process.
Council Chamber
II. OPEN PODIUM
III. ADJOURNMENT
ITEM NO.: VI.B.
UNAPPROVED MINUTES
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, 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 Troop 347, sponsored by Immanuel Lutheran Church, for
presenting the colors tonight.
III. COUNCIL FORUM INVITATION
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Case added two items under Item XIV.A.Young added one item under Item XIV.A.
Dietz added two items under Item XIV.E. Aho added one item under Item XIV.A.
Neal noted there are several items on goldenrod paper that are supplemental to items on
the published agenda.
MOTION: Duckstad moved, seconded by Aho, to approve the agenda as amended.
Motion carried 5-0.
V. PROCLAMATIONS/PRESENTATIONS
A. SOUTHWEST TRANSIT UPDATE
Neal said, as part of our regular series of updates from partner organizations,
Dave Jacobson is here to give an update on Southwest Transit.
Dave Jacobson, COO of Southwest Transit, said he will give the update tonight
because Len Simich could not attend the meeting. He reviewed their highlights
for 2008, noting they were named the Minnesota Transit Association of the Year
by the MPTA. He said they completed two park and ride locations and reduced
their overall per-passenger subsidy by 540. They achieved a customer service
CITY COUNCIL MINUTES
March 17, 2009
Page 2
satisfaction rating of over 98%. He noted they have a goal to balance their budget
for 2009 despite the challenges of the current economy. They are taking measures
to strengthen local services and are beginning to address the impact of LRT on
their future business. They will complete plans for a ramp and station in
downtown Chanhassen.
Mayor Young thanked Mr. Jacobson for his update.
B. MILLER PARK PLAY AREA DONATION
Lotthammer said he will present this item tonight because Mike Garvin could not
make the meeting tonight. He said we received another check from the Tom and
Kathy Miller Family Foundation in the amount of$8,000. He noted this makes a
total of over$219,000 contributed by the Garvin and Miller families. There will
be more construction at the Miller Park Play Area in the next few weeks leading
up to the grand opening on June 16, 2009. At that point we will have completed
about one-third of the overall project with the barrier-free play structure and the
surface that surrounds it.
Young asked Mr. Lotthammer to pass the Council's thanks to Mr. Garvin and his
wife and to the Millers. He noted it is a great thing they have done for the park.
MOTION: Aho moved, seconded by Duckstad, 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. Motion
carried 5-0.
VI. MINUTES
A. COUNCIL PLANNING SESSION HELD FRIDAY, FEBRUARY 6, 2009
MOTION: Duckstad moved, seconded by Case, to approve the minutes of the
Council Planning Session held Friday, February 6, 2009, as published. Motion
carried 5-0.
B. COUNCIL WORKSHOP HELD TUESDAY, MARCH 3, 2009
MOTION: Aho moved, seconded by Nelson, to approve the minutes of the
Council Workshop held Tuesday, March 3, 2009, as published. Motion carried
5-0.
C. CITY COUNCIL MEETING HELD TUESDAY,MARCH 3, 2009
MOTION: Case moved, seconded by Duckstad, to approve the minutes of the
City Council Meeting held Tuesday, March 3, 2009, as published. Motion
carried 5-0.
CITY COUNCIL MINUTES
March 17, 2009
Page 3
D. COMMISSION INTERVIEWS HELD TUESDAY, MARCH 10, 2009
MOTION: Duckstad moved, seconded by Case, to approve the minutes of the
Commission Interviews held Tuesday, March 10, 2009, as published. Motion
carried 5-0.
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 NO. 2009-20 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 NO. 2009-21 DECLARING PROPERTY AS
ABANDONED PROPERTY
H. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS
AUTHORIZE DISPOSAL OF THE PROPERTY
MOTION: Aho moved, seconded by Case, to approve Items A-H on the Consent
Calendar. Motion carried 5-0.
IX. PUBLIC HEARINGS /MEETINGS
X. PAYMENT OF CLAIMS
MOTION: Nelson moved, seconded by Duckstad, 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."
CITY COUNCIL MINUTES
March 17, 2009
Page 4
XI. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER
9 RELATING TO HOURS OF OPERATION OF PUBLIC PARKS
Neal said 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. These parks would be allowed to remain open until 10:30
P.M. between the dates of April 1 and October 31. He said 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. There was no input from the neighbors.
MOTION: Duckstad moved, seconded by Aho, to approve First Reading of an
Ordinance amending City Code Section 9.04 Subdivision 3, relating to hours of
operation of public parks. Motion carried 5-0.
B. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION
2.23 RELATING TO CITIZEN ADVISORY CONSERVATION
COMMISSION ROLES & RESPONSIBILITIES
Neal said 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.
Neal said 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: Case moved, seconded by Duckstad, 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. Motion carried 5-0.
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
CITY COUNCIL MINUTES
March 17, 2009
Page 5
Neal said currently, the Parks, Recreation, and Natural Resources Commission
membership is set at a static number of nine Commission members only. 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. This
was discussed with the Parks Commission at their meeting on March 2 and they
agreed it would be a good change.
Neal noted the second reading of the ordinance is under Item XIV.B. Reports of
the City Manager.
MOTION: Nelson moved, seconded by Aho, 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. Motion
carried 5-0.
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
A. COMMISSIONS
Neal said 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. He noted it would be okay to combine the appointments
into one motion.
MOTION: Case moved, seconded by Nelson, to appoint to the Arts & Culture
Commission Farida Kathawalla, Ann Rorem and Julia Ramos (terms to expire
March 31, 2012); and 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); and to appoint to the Flying Cloud Airport
Advisory Commission Jeff Larsen, Mark Michelson, and Kurt Schendel (terms to
expire March 31, 2010); and to appoint to the Heritage Preservation Commission
Ann Higgins (term to expire March 31, 2012); and 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);
and to appoint to the Parks, Recreation and Natural Resources Commission Hutch
Coburn and Derek Gunderson(terms to expire March 31, 2012; and 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).
Motion carried 5-0.
CITY COUNCIL MINUTES
March 17, 2009
Page 6
Case said he wanted to thank all the people that took the time to apply. He
encouraged them to continue to be involved in the City and to apply again if they
did not receive an appointment this year.
B. BOARD OF APPEAL AND EQUALIZATION
Neal said the Board of Appeal and Equalization is also a citizen advisory board;
however, there are statutory requirements for who can serve on this Board. The
proposed members of the Board of Appeal and Equalization for Council approval
are experienced real estate professionals with extensive knowledge of the
Southwest metro area. The following are the proposed members of the Board:
Brian Duoos of Edina Realty; Jim Johnson of The Realty House; Lyndon Moquist
of Edina Realty; Annette O'Connor of Coldwell Banker Burnet Realty; and
Patricia Pidcock of Edina Realty.
MOTION: Aho moved, seconded by Nelson, 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. Motion carried
5-0.
C. CHAIRS AND VICE CHAIRS OF COMMISSIONS
Neal said 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.
MOTION: Case moved, seconded by Nelson, to appoint Ann Rorem, Chair and
Farida Kathawalla, Vice Chair of the Arts & Culture Commission; to appoint
Laura Jester, Chair and Daniel Trebil, Vice Chair of the Conservation
Commission; to appoint Richard King, Chair and Jeffrey Larsen, Vice Chair of
the Flying Cloud Airport Advisory Commission; to appoint Ann Higgins, Chair
and Kathy Veurink, Vice Chair of the Heritage Preservation Commission; to
appoint Pam Spera, Chair and Marcy Harris, Vice Chair of the Human Rights and
Diversity Commission; to appoint Geri Napuck, Chair and Jeff Gerst, Vice Chair
of the Parks, Recreation and Natural Resources Commission; and to appoint Jon
Stoltz, Chair and John Kirk, Vice Chair of the Planning Commission. Motion
carried 5-0.
D. CHAIR AND VICE CHAIR OF BOARD OF APPEAL & EQUALIZATION
MOTION: Aho moved, seconded by Nelson, to appoint Patricia Pidcock, Chair
and Brian Duoos, Vice Chair of the Board of Appeal and Equalization. Motion
carried 5-0.
CITY COUNCIL MINUTES
March 17, 2009
Page 7
XIV. REPORTS
A. REPORTS OF COUNCILMEMBERS
1. Mayor Young—Boys Hockey Team
Young congratulated the Eden Prairie Boys Hockey Team for winning the
State Championship this weekend. He said it was a great accomplishment
and we are very proud of them. He noted many of the team members
provide volunteer service to the community. Case noted Lee Smith was
named Hockey Coach of the Year and Nick Leddy was named Mr.
Hockey.
2. Council Member Case—Fire Department Anniversary
Case said he attended the annual meeting of the Eden Prairie Fire
Department on Thursday and wanted to take this opportunity to commend
them. He said we are really fortunate to have the amazing fire and police
departments we have in Eden Prairie, and he was deeply indebted to both
departments. He said Jeff Dezenski was named Fireman of the Year.
3. Council Member Case—Email Received
Case said he received an email from a resident who raised a question
about the rights of residents who live in neighborhoods next to 24-hour
commercial establishments.
Neal said, generally, if we have a noise situation we have a noise
ordinance in place, and we have ways to measure noise levels. Staff goes
out and responds to these concerns to take noise readings throughout the
year. The situation often comes to our attention through a City Council
Member and ultimately it gets routed to the Police Department. A
Community Services officer will then go out and take a look at the
situation.
4. Council Member Aho—Art Center Fund Raiser
Aho said we are making progress on the Art Center, and the Friends of the
Art Center have a fund raiser scheduled for April 16 at 6:30 PM in the
Garden Room at City Center. They will be selling glass tiles that will be
part of a permanent display at the Art Center. He said it will be a really
nice event, and he encouraged people to go out and support it. The
proceeds from the event will help finance some of the equipment and
supplies needed for the opening of the Center.
B. REPORTS OF CITY MANAGER
CITY COUNCIL MINUTES
March 17, 2009
Page 8
1. Second Reading Of Ordinance No. 2-2009 Amending City Code Section
2.23, Subd. 3, Relating to the Membership Range for the Parks,
Recreation, & Natural Resources Commission
Neal said this is second reading of the ordinance relating to hours of
operation of public parks. He noted we will need to have a unanimous vote
of the Council Members in order to adopt the ordinance tonight because
we are having both First and Second Reading on the same night.
MOTION: Duckstad moved, seconded by Case, to approve Second
Reading of Ordinance No. 2-2009 amending City Code Section 2.23, Subd.
3, relating to the membership range for the Parks, Recreation, &Natural
Resources Commission. Motion carried 5-0.
2. 494/169 Update
Neal said there have been a couple of important meetings on the Hwy
494/169 Interchange that Mayor Young, Council Member Aho and he
attended. He asked Mr. Dietz to give a summary of the meeting yesterday
regarding the financing.
Dietz said we are in the hunt for American Recovery and Reinvestment Act
funding for the project. He thought we were getting together yesterday to
advance an agenda on the finance package, but we discovered that the local
Federal Highway Administration(FHWA) is not supportive of the design
plans we are trying to promote. There is a difference of about $40,000,000
between what the FHWA would like to see done and the plan we seek to
advance. Discussion went for an hour, and in the end it was decided that
there was no way we could come up with a package to finance $175 million.
We could do $145 million and are planning to advance a plan to promote
that concept to the Transportation Advisory Board(TAB). We are
supportive of a two-major project plan that would fund Hwy 610 as a first
phase project and Hwy 494/169 as a second phase.
Dietz said in order to make it work the City portion of the project costs
would be $8 million of a $34 million loan to the State which would turn into
interest payments until MnDOT could pay it back beginning in 2013 and
2014. We plan to propose this to the TAB tomorrow afternoon and will ask
that they give us until April 15 to bring pressure against the FHWA to get
them to cooperate.
Young thought it sounded like a good plan. He got a call from Congressman
Paulsen who had drafted a letter to the Commissioner of Transportation to
encourage this.
Aho said Mr. Dietz gave a good synopsis. He said the FHWA would look at
allowing us to phase the project. The key to the project is the timing of
adding the two projects and being able to put it into a longer term plan.
CITY COUNCIL MINUTES
March 17, 2009
Page 9
Dietz said MnDOT has been willing to consider that option, but they want to
have some criteria that would be a catalyst to do the second phase. The
FHWA wants to do it their way because it is a rule; however, at this point
with the dollars available there isn't enough money to go around.
3. American Recovery and Reinvestment Act of 2009 Update
Neal said he had intended to provide an update on what we might be eligible
for under the American Recovery and Reinvestment Act. It is taking a little
longer to assess that legislation than he originally hoped, but we are looking
at it and will bring back anything we find.
4. Resolution No. 2009-22 Regarding Flying Cloud Airport Classification
Neal said the Metropolitan Council has been asked to consider a change in
the way airports are classified in the Twin Cities Regional Airport System
plan. Council Members expressed their concern at the last meeting and
asked the Flying Cloud Airport Advisory Commission to investigate the
issue and provide a recommendation. The Commission reviewed the
proposal last Thursday, and their recommendation is summarized on the
goldenrod item. The memo includes a motion to adopt a resolution opposing
the proposal and to direct staff to prepare a cover letter to the Metropolitan
Council that explains our strong opposition to the proposal.
Young said he appreciated the fact that staff and the Airport Commission
gave this an immediate response. His view is that the resolution
accomplishes what we talked about a couple of weeks ago, and the idea
behind it is that the definition should not be changed at all.
Nelson said she would hope that in our strong opposition to the proposal we
very specifically state that we do not want any implication that under any
circumstances should our airport ever have runways over 5000 feet.
Case noted the memo regarding the resolution mentions that Minnesota law
prohibits the Metropolitan airports Commission(MAC) from expanding or
upgrading the use of an existing metropolitan airport from minor use to
intermediate use status without approval in a law. He said our own 2002
agreement with MAC prohibits MAC from proposing or advocating an
expansion as well.
MOTION: Case moved, seconded by Nelson, to adopt Resolution No.
2009-22 opposing the Metropolitan Council's proposal to amend airport
classifications of the Twin Cities Regional Airport System plan and to direct
staff to prepare a cover letter to the Metropolitan Council strongly opposing
the proposal. Motion carried 5-0.
CITY COUNCIL MINUTES
March 17, 2009
Page 10
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. CDBG Reallocations
Neal said Ms Jeremiah was on vacation last week and we put this item on
the agenda as a place holder. He said it should have been removed from
tonight's agenda as we are not bringing this to the Council tonight. Jeremiah
said it will be on the April 21 agenda.
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Fees for Outside Caterers at the Community Center
Lotthammer said we have agreements with five caterers at the Community
Center to provide services to people renting the rooms, and there is a
process for them to reimburse us for some of the costs. We have a provision
that if a group has a special catering need or a religious preference, we allow
them to use an outside caterer. We have a need to have an upfront fee to take
care of those situations that are not part of the regular process. While we
don't have a lot of data points for this particular situation, we believe we
will have better information when we come back with the annual budget
process in December. In the meantime staff is proposing an upfront fee of
$75 be established for groups of 30-50 people and$150 for groups of 50-
100 people for these special situations. He did not think there would be a lot
of these events over time,but he thought it would be fair and appropriate to
charge the up front fee.
MOTION: Aho moved, seconded by Case, to authorize staff to charge a
catering fee to outside caterers providing catering services at the Eden
Prairie Community Center. Motion carried 5-0.
E. REPORT OF PUBLIC WORKS DIRECTOR
1. Grace Church Grading Permit
Dietz said Grace Church has an opportunity to complete their site and are
requesting a grading permit for the southern part of the site to a plan we do
not have in our hands at this time. They have a tentative arrangement with
the contractor for Pioneer Trail to excavate and trade good material for bad
material. Pioneer Trail needs 20,000 yards of good material and Grace
Church is able to use bad material for their ball field site. Staff is expecting
to receive a plan to show how this would be done and is asking for a permit
for this when a plan does come in. He said it would cover 20,000-100,000
yards of material to be trucked to and from the site and would include the
standard slope and erosion controls. Staff is asking Grace Church for a
commitment that they will proceed with implementation of their part of the
plan for Mitchell Road, which includes the curb and a trail along the west
side of the road.
CITY COUNCIL MINUTES
March 17, 2009
Page 11
Nelson asked if we could also put in that they actually complete the ball
fields within a year. Dietz replied we could ask for that and for sure the site
would be seeded, but he was not sure it would be a finished ball field.
Young said he was in favor of the early grading, but he was not inclined to
make the ball fields a condition of the request. Dietz said staff will ask about
it.
Nelson said she was concerned there will be a lot of traffic in and out of the
site through the neighborhoods. She asked if there was a monetary
advantage to them for trading good dirt. Dietz said the primary advantage is
that, when it is all done, their site will have finished grading and restoration.
Nelson said she would like to encourage those ball fields. One of the things
the Planning Commission and the City Council considered in approving the
site plan for Grace Church was that the ball fields would be completed in a
timely manner. Dietz said one of the things they are trying to do is facilitate
the ball fields.
Case said he didn't have a concern that the actual ball fields be built. He did
have a concern if it is left so that it could erode. He thought we might want
some guarantee that it would be seeded,but he didn't think we can expect
any church or corporation that buys a parcel and has plans to expand to do
that expansion at a certain time. This proposal seems to be a savings because
the trucks are there for Pioneer Trail, and that seems to be a benefit to our
residents. He understood Council Member Nelson's concerns and would
concur that it should be seeded so it won't erode.
Aho said he concurred that this is a good opportunity to get good fill close to
the site and makes sense from an economic and ecological standpoint.
Dietz said, to be fair, there are other areas in that general neighborhood that
have extra materials,but we are recommending this because it is part of a
plan to finish a long standing project.
Duckstad said he concurred with the plan.
MOTION: Case moved, seconded by Aho, to authorize an early grading
permit for Grace Church. Motion carried 5-0.
2. Infiltration and Inflow
Dietz said there is a public meeting on this subject tomorrow night for the
1500 people who were sent notices. He said there was a comment at last
week's meeting about getting some guidance on what to do about possible
high costs for a system. The primary issue is sump pumps being piped to
floor drains, but there may be more extensive issues if it is necessary to
CITY COUNCIL MINUTES
March 17, 2009
Page 12
repair a service line. Repairs to a service line could cost$5000 or more, and
no property owner is going to be expecting that. He recommended that the
Council entertain a cap of$1500 per property to correct issues from
infiltration and inflow. The balance above the $1500 would be borne by the
fee structure. We have a surcharge in place of$560,000 per year that could
be used for this. He said the amounts were determined by the Metropolitan
Council's estimate of how much it would take to get the water out of the
system. Because this is for the broader good, he thought this is one of those
times when we ought not to have individuals suffer this particular issue.
Young said he thought it was a good idea. Duckstad also thought it was a
good idea and asked how they arrived at the $1500 figure. Dietz said it was
just a number they arrived at, but he thought a resident could solve a sump
pump issue for under$1500. They will have to work out some details and
would probably assess the $1500 over a five-year period. While they do not
have the details worked out, he would like to give the people who come to
the meeting tomorrow some comfort that this is not an open ended issue.
Case asked if Mr. Dietz was talking about the pipes from the house to the
road. Dietz said there are four issues that we will find in a home: the sump
pump, some downspouts connected to the sewer system, a footing drain that
wraps the outside of the foundation and connects to the service line outside
of the building, and a crushed pipe. The last two conditions would be the
most expensive to repair.
Case said he assumed we are talking about older homes because he would
expect an owner of a newer home to be upset if these conditions existed
with their home. Dietz said when we went from clay to plastic pipe it helped
to correct the conditions, but there still can be problems if the plastic pipe
was not properly bedded.
Case asked if water softeners would contribute to this. Dietz replied that is a
relatively small problem. Our normal flow into the sewer system is probably
about 7 million gallons, but when it rains it is 14-15 million gallons. We
have been spending a lot of money in the past two years to figure where it
was coming from. Staff metered connection points to determine where it
was coming from, and picked the four highest metered areas for this as a
beta test.
Neal said staff talked about the fact that all of our customers have an interest
in addressing this problem. He said we will be paying a hefty fee to the
Metropolitan Council, and everyone will have a share of that so we all have
an incentive to get this addressed even if it is pinpointed to a couple of
neighborhoods.
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
CITY COUNCIL MINUTES
March 17, 2009
Page 13
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Nelson moved, seconded by Case, to adjourn the meeting. Motion carried
5-0. Mayor Young adjourned the meeting at 8:12 PM.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 21, 2009
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A.
Christy Weigel, Clerk's License Application List
Police/ Support Unit
These licenses have been approved by the department heads responsible for the licensed activity.
Gambling (Bingo)
Organization: Eden Prairie Lions Club
Place: Eden Prairie Community Center
Event: Schooner Days
Date: May 29—31, 2009
Private Kennel(s)
Susan Weyrauch—dogs
Lee Wear—dogs
Raffle
Organization: Minneapolis Heart Institute Foundation
Place: Olympic Hills Golf Club
Date: June 22, 2009
Temporary Liquor
Organization: Eden Prairie Lions Club
Event: Schooner Days
Date: May 29—31, 2009
Place: Round Lake Park& Community Center Grounds
Temporary Beer
Organization: Eden Prairie Noon Rotary
Event: Rib Fest/Festival of Jazz
Date: June 14, 2009
Place: Staring Lake Park
Amendment to Liquor License
2AM Closing Permit-Renewal
TGI Friday's of Minnesota Inc
DBA: T.G.I. Friday's
- 1 -
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 21, 2009
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B.
Jay Lotthammer, Director, Second Reading of an Ordinance Amending
Parks and Recreation City Code 9.04 Subdivision 3. Rules and
Regulations Governing Public Parks - Hours
of Operation.
Requested Action
Move to: Approve second reading of Ordinance amending City Code Section 9.04
Subdivision 3, relating to hours of operation of public parks.
Synopsis
The first reading of the Ordinance was approved at the March 17, 2009, Council meeting.
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.
Park Hours Ordinance
April 21, 2009
Page 2
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.
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
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.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda April 21, 2009
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C.
Leslie Stovring Approve Second Reading of an Ordinance
Public Works/Environmental Amending City Code Section 2.23,
Subdivision 2.E
Requested Action
Move to: Approve Second Reading of an Ordinance Amending City Code Section 2.23,Subdivision
2.E Commissions: Citizen Advisory Conservation Commission and adopt Resolution
approving summary ordinance.
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 first reading for the Ordinance was on March 17, 2009. No changes have been made to the
Ordinance since that time.
Attachments
• Ordinance
• Ordinance Summary Resolution
• Ordinance Summary
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 21st day of April 2009.
Kathleen Porta, City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie News on the day of April, 2009.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2009-
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE NO. 2009 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. -2009 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie held on the 21st day of April 2009.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND
ORDERS AS FOLLOWS:
A. Ordinance No. -2009 is lengthy.
B. The text of the summary of Ordinance No. -2009, attached hereto, conforms
to M.S. § 33 1A.01, Subd. 10, and is approved, and publication of the title and
summary of the Ordinance will clearly inform the public of the intent and effect
of the Ordinance.
C. The title and summary shall be published once in the Eden Prairie News in a body
type no smaller than brevier or eight-point type.
D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices.
E. Ordinance No. -2009 shall be recorded in the Ordinance Book, along with
proof of publication, within twenty(20) days after said publication.
ADOPTED by the City Council on April 21, 2009.
Phil Young, Mayor
ATTEST:
Kathleen Porta, City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE -2009
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING
CHAPTER 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
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS:
Summary: This ordinance amends Chapter 2 Section 2.23 of the City Code by revising the roles
and responsibilities and work tasks of the Citizen Advisory Conservation Commission.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen Porta, City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie News on .
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 21, 2009
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D.
Randy L. Slick Final Plat Approval of Preserve
Public Works/Engineering Commercial Park North 5th Addition
Requested Action
Move to: Adopt the resolution approving the final plat of Preserve Commercial Park North
5th Addition.
Synopsis
This proposal is for the plat located at Flying Cloud Drive and Regional Center Road. The Plat
consists of 1.21 acres and is being replatted into one lot and right-or-way dedication for street
purposes. This is a replat of Lots 4 and 5, Block 1, the Preserve Commercial Park North
Addition.
Background Information
The preliminary plat was approved by the City Council on June 3, 2008. Second Reading of the
Rezoning Ordinance and final approval of the Developer's Agreement was completed on July
15, 2008.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of$320.
• Prior to the release of the final plat, Developer shall provide to the City a current
title insurance policy.
• Satisfaction of bonding requirements for the installation of public improvements.
• The requirements as set forth in the Developer's Agreement
• Provide a list of areas (to the nearest square foot) of all lots, outlots and road
right-of-ways certified by surveyer
• Prior to release of final plat, Developer shall provide a cross access easement and
Maintenance Agreement for Lots 1-3, Block 1.
• Prior to release of the final plat, Developer shall record and provide proof of filing
the Development agreement at the County Recorder and Registrar of Titles
• Revision of plat shall include standard boundary drainage and utility easements.
Attachments
• Resolution
• Drawing of final plat
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2009-
A RESOLUTION APPROVING FINAL PLAT OF PRESERVE COMMERCIAL
PARK NORTH 5TH ADDITION
WHEREAS, the plat of Preserve Commercial Park North 5th Addition has been submitted in a
manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462
of the Minnesota Statutes and all proceedings have been duly had thereunder; and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for Preserve Commercial park North 5th Addition is approved
upon compliance with the recommendation of the City Engineer's report on this plat
dated April 21, 2009.
B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-month
maximum time lapse between the approval date of the preliminary plat and filing of
the final plat as described in said engineer's report.
C. That the City Clerk is hereby directed to supply a certified copy of this resolution to
the owners and subdivision of the above named plat.
D. That the Mayor and City Manager are hereby authorized to execute the certificate of
approval on behalf of the City Council upon compliance with the foregoing
provisions.
ADOPTED by the Eden Prairie City Council on April 21, 2009.
Phil Young, Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
PRESERVE COMMERCIAL PARK NORTI-I 5Lh ADDITION
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CITY COUNCIL AGENDA DATE:
SECTION: Consent April 21, 2009
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E.
Jay Lotthammer, Award the Contract for the Staring Lake
Parks and Recreation Director Outdoor Center Observatory to Hunerberg
Construction
Motion
Move to: Award the contract for Staring Lake Outdoor Center Observatory in the amount of
$114,329 to Hunerberg Construction.
Synopsis
On April 16, 2009, staff received bids to build an observatory building located at the Staring
Lake Outdoor Center. The project was advertised in the Eden Prairie News and also listed in the
Construction Bulletin and several on-line information sources. Twelve bids were received and
publicly opened on April 16, 2009.
Hunerberg $114,329
KA Witt $133,900
Construction Results $134,700
RJM Construction $164,875
Morcon $191,800
Terranova $193,000
Cobra Construction $197,298
George Cook $208,000
Ebert $224,800
Parkos $233,600
Berg Construction $239,928
Gladstone $263,883
The lowest responsible bid to construct the project is $114,329 from Hunerberg Construction.
The project architect has had previous satisfactory experience working with Hunerberg and is
recommending their selection. Staff from Anoka County Parks has indicated that several past
projects where Hunerberg has been the contractor have resulted in good quality while staying on-
time and within budget.
The donation from the Steve Mohn Family, along with the donation from the Doug Kohrs
Family, provides the funding needed for the project.
Background
The City of Eden Prairie accepted the donation of a telescope that is capable of viewing into deep
space. This telescope would add to and enhance the current astronomy programs that are
conducted at the Staring Lake Outdoor Center. In addition, the Staring Lake Outdoor Center
contains the necessary support structures such as a parking lot, indoor classroom and electric
services. The Outdoor Center also has the advantage of a south facing view and has limited
Award the Contract for the Staring Lake Outdoor Center Observatory
April 21, 2009
Page 2
outdoor light that could compromise viewing through the telescope. In order to house and
operate the telescope, a protective structure that has a stable base to affix the telescope is
required. Staff has worked with architects from Buetow and Associates to design an appropriate
structure.
After seeing an article in the Star Tribune that indicated the need for donations; Mr. Doug Kohrs
and Mr. Steve Mohn approached city staff to express interest in contributing to the project. Both
gentlemen believe that this addition will inspire continued interest in the areas of math and
science and astronomy and will be an asset to the Outdoor Center.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 21, 2009
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F.
Stuart Fox, Parks and Natural
Resources Manager Award Bid for Birch Island Park Playstructure
Requested Action
Move to: Award the contract for playground equipment at Birch Island Park to Clearwater
Recreation LLC in the amount of$50,000.
Synopsis
A playground neighborhood discussion meeting was conducted on March 24, 2009,with neighbors
of Birch Island Park attending the meeting. After reviewing the proposals by the seven manufacture
representatives, the majority vote of those attending the meeting was to recommend the playground
from Clearwater Recreation LLC be installed at their park.
Staff concurs with the feedback and recommends the same vendor.
The Parks,Recreation and Natural Resources Commission reviewed this project at their April 6,
2009 meeting and recommended awarding the reconstruction contract to Clearwater Recreation LLC
on a unanimous vote (6-0).
Background
For the last several years, City staff has utilized a Request for Proposal process to select play
equipment for replacement or new play equipment within our park system. The process establishes a
maximum dollar amount of$50,000 for this playground project. All vendors who are interested in
submitting a design for the park project must meet these basic parameters; maximum total amount of
dollars to be incorporated into the plan, the physical size of the area where the play equipment will be
located, and inclusion of a covered shelter structure with the playground. The last portion of their
proposal is for the vendor to include the cost associated for a qualified person to oversee and assist
with the installation of their equipment by city park staff.
After this information has been submitted, staff organizes a neighborhood meeting with people living
within one mile of the park. This year letters were sent to 150 households in the park use area. At the
meeting each vendor is invited to make a brief 15 minute presentation of their particular playground
proposal to the neighbors. Since the vendors are all bidding the same amount of dollars,they
basically are given the latitude to present the residents with various new components or highlight
specialty components that other vendors may or may not have included within their proposed
playground.
Following the presentation by all the various playground representatives, city staff leads the
neighborhood participants through a playground design selection process. The process is guided by
the staff,but relies heavily on feedback from the neighborhood residents. Based on feedback from the
neighbors, as well as the vendor representatives,the process has gone very well. We have been able
to award playground installation to all seven playground vendors at one time or another over the past
ten years.
Attachments
Letter to Birch Island Park Neighbors—with park area map
Play area design sheets with illustrations by Clearwater Recreation LLC
4
EDEN
PRAIRIE
II'. •WORK•OFEAti
March 12, 2009 8080 Mitchell Rd.
Eden Prairie,MN
55344-4485
Dear Birch Island Park Neighbor:
Your neighborhood park is scheduled to receive new playground equipment this summer. In
order for the City staff to purchase this equipment, your input is valuable. A presentation of the
seven submitted playground designs is scheduled for Tuesday, March 24,2009.
Representatives for the manufacturers will give a short presentation of their proposed playground
layout. This will be followed by a feedback/discussion session with your neighbors to select the
best design for your park. The new equipment will be installed by early July 2009.
When: Tuesday, March 24;2009
Where: Eden Prairie City Center
8080 Mitchell Road
Heritage Room IV (lower level)
Time: 7:00--9:30 p.m.
If you have questions, please call me at 952-949-8445.
Sincerely,
/64.APJ a_/27C
Stuart A. Fox
Parks and Natural Resources Manager
Attachment: Park map is located on the back of this letter.
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 21, 2009
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G.
Stuart Fox, Parks and Natural
Resources Manager Award contract for Pleasant Hill Cemetery
Fencing
Requested Action
Move to: Award the contract for Pleasant Hill Cemetery fencing to Midwest Fence in the amount
of$21,320.00.
Synopsis
In their report to the City Council in 2008,the Pleasant Hill Cemetery Task Force recommended
replacement of the southerly and easterly sections of the perimeter fence. Attached is the July 15, 2008
memo that outlines the various improvements and estimated costs associated with their recommendation.
The improvement list was adopted by the City Council with the understanding that as quotes were
received they would be brought back to the Council for authorization.
The quotes that received for the fencing are as follows:
FIRM NAME FENCING VEHICLE PEDESTRIAN TOTAL QUOTE
GATES GATES AMOUNT
Midwest Fence $17,760.00 $2,600.00 $960.00 $21,320.00
Town&Country Fence $19,092.00 $3,500.00 $1,000.00 $23,592.00
Hansen Bros.Fence $21,400.00 $3,600.00 $800.00 $25,800.00
Premier Fence - - - $27,245.00
Landmark Fence $22,993.65 $5,000.00 $1,000.00 $28,993.65
Keller Fence $23,310.00 $3,900.00 $2,300.00 $29,510.00
Recommendation
Staff recommends awarding the fencing contract to Midwest Fence in the amount of$21,320.00. The
cost for the fencing will be paid out of the cemetery operations fund. The current balance of that fund is
$289,000.
The fencing work is expected to be completed by Memorial Day.
Attachments
Memo to Council dated July 15, 2008
Map of Cemetery Fence Location
EDEN
To: Mayor and City Council PRAI RI E
LIVE•WORK•OREAM
From: Stuart A. Fox, Parks and Natural Resources Manager
Date: July 15, 2008
Subject: Capital Improvements Request for Pleasant Hill Cemetery
On March 4, 2008 the Cemetery Task Force made its presentation to the City Council regarding
Pleasant Hill Cemetery. Within that report was a section on recommended improvements which
could be funded using money from the Perpetual Care Fund. A portion of the report focused on
some specific capital repairs and improvements needed to dress up the cemetery grounds. The
portion of the Task Force Report that contained the recommendations was contained in the Short
Term Recommendation section and contained the following text:
Status of the Perpetual Care Fund
Task Force requested that city staff discuss the current budget expenditures and the Perpetual Care
Fund balance. When this was disclosed to the members they have several recommendations
regarding capital expenditures for upkeep of the cemetery. They feel that these expenditures are
necessary to upgrade some of the current amenities at the cemetery and that the Perpetual Care Fund
is sufficient to fund them. Their recommendations for improving the cemetery grounds are:
• New perimeter fence—the Task Force recommends that the current chain link fence on the
front side of the cemetery be replaced with a more representative steel or rod iron type fence
material that would give it the ambiance of an older cemetery. In addition the side and rear
perimeter fences are in need of an upgrade since several of areas of fencing are in excess of
fifty years old and there are many spots where the fence is either down or in such poor
condition that it needs to be replaced.
• New entry sign with plants and flowers. Cemetery Task Force members believe that a new
entry sign is necessary to better represent the old style character of this historic cemetery.
One suggestion was to have an arch sign stating"Pleasant Hill Cemetery" above both of the
gated entry points to the cemetery. Staff suggested that these designs could be worked out
with consultant and those designs brought forward to the City Council for consideration.
• Add or replace benches—currently the cemetery has a variety of benches and sitting
apparatus within the cemetery. The Task Force is recommending that there be some type of
uniform bench, as well as a landscaped area in and around the benches to provide a more
pleasing and uniform appearance.
• Plant additional trees. Task Force members recommend that additional trees should be
planted in appropriate locations were graves were fully occupied and that there is adequate
space for trees to be planted.
• Trim trees and remove overgrown vegetation. Within the cemetery there are some trees that
have grown through the fencing as well as up and over the perimeter fence. This vegetation
needs to be either removed or trimmed in a manner to make the grounds more aesthetically
pleasing.
• Repair driveways and extend the driveway in Section III. Currently the driveways are in need
of some minor repairs and should be seal coated to get rid of some of the cracks to increase
the longevity of the current asphalt surface. The driveway in Section III only extends part
way back within the cemetery and Task Force members recommends extending it to the most
northerly lot line of that section.
• Irrigate a portion of the cemetery. Task Force members suggested that perhaps irrigation
could be added to certain portions of the cemetery to help with the tree and turf health. This
recommendation would have to be further evaluated to see if it is feasible since public water
source is not readily available at the cemetery location.
All of the above items are capital expenditures that could be funded out of the Perpetual Care Fund.
The city does have the authority to expend monies from the Care Fund for the normal upkeep and
maintenance of the cemetery, including fencing, driveways and parking surfaces, vegetation
management, and other items considered as normal upkeep of the cemetery grounds. Before
anything would be undertaken, staff suggests that a more detailed study be done to determine the
costs of the Task Force recommendations. In addition, staff will develop a priority list of
maintenance projects for the cemetery to be brought back to the City Council at a future date.
Expenditures from the Perpetual Care Fund are separate from the General Fund Budget and
therefore are not subject to the same time frame as the associated with the approval of city budget.
Staff Recommendation
Staff has been gathering information to make some of the improvements that are listed in the report
and is requesting that the City Council authorize the expenditure of up to $75,000 from the
Cemetery Perpetual Care Fund to:
• Replace the perimeter fence—estimated cost $35,000
• Trim trees and overgrown perimeter vegetation - estimated cost$7,000
• Pave the entry drive and overlay interior driveways—estimated cost $20,000
• Install a new sign and landscape the Pioneer Trail frontage—estimated cost $10,000
• Install new benches within the grounds—estimated cost $3,000
Staff will provide the City Council with updates as quotes for these projects are received.
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 21, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H.
Sue Kotchevar, Office of the Accept 2008 General Fund Financial
City Manager/Finance Results and Approve Fund Transfers
Requested Action
Move to: Accept 2008 General Fund financial results and approve fund transfers.
Synopsis
As part of the audit of the City's financial statements, the year-end financial results are
summarized and reported to the City council. The City Council acceptance of the General Fund
financial results is a recommended practice by the City's auditors.
Attachments
Memo
Transfer Schedule
MEMORANDUM
E
EN
TO: Mayor and City Council PRAIRIE
Scott Neal, City Manager
L,y; •'.'.'ORK.OREdM
FROM: Sue Kotchevar, Finance Manager
DATE: April 21, 2008
SUBJECT: 2008 General Fund Financial Results
As part of the final process for the financial statements and audit,Finance staff reviews general fund
financial results with the Council and asks the Council to approve transfers between funds. The
general fund had positive operating results in 2008 and revenue less expense was$784,916 which was
added to fund balance. This allows $750,000 to remain in fund balance for the 2009 budget as
adopted by the City Council to fund the 2009 budget and this maintains the City's fund balance
policy.
Revenues 38,368,960
Expense 36,740,000
Transfer to Facilities Internal Service Fund 750,000
Transfer to Capital Improvement Fund 94,044
Revenue less Expense 784,916
Staff recommends that$750,000 be transferred to the newly created Facilities internal service fund to
provide working capital for the facilities operation. Also, staff recommends that the remaining
amount of $94,044 which is above the amount needed to maintain the fund balance policy be
transferred to the Capital Improvement Maintenance Fund.
For revenues and expenses,various line items were over and under budget. For revenues,the most
significant items over budget which contributed to the positive operating results included
approximately$600,000 in tax revenue and$630,000 in charges for services. Development revenue
was $327,000 under budget. General Fund expenditures were 98% spent and approximately
$600,000 under budget.
Conclusion
The general fund had positive operating results in 2008 which enabled the City to maintain financial
position and to provide stability and flexibility for general fund operations. This is especially
important in light of the current economic environment.
Staff will review the general fund information at the April 21st workshop along with financial results
for some of the City's other funds. A formal presentation on the City's audit report will be made at
either the May 5th or May 19th council meeting from Malloy,Montague,Karnowski,Radosevich, &
Co., PA., the audit firm hired by the City. Also, Finance will issue a quarterly report soon for
12/31/08 to provide more detail on 2008 financial results. If you have any questions,please let me
know.
City of Eden Prairie
Transfer Schedule
12/31/08
Transfer Transfer
In Out Amount Explanation
Other
Capital Improvement Maintenance Fund General Fund 94,044 Transfer of amount above fund balance policy
Opening/Closing Fund
Facilities Internal Service Fund General Fund 750,000 Working capital for new fund
Capital Improvement Fund Bldg Refunding Bonds 2004 34,883 Close debt fund for building
Transportation Fund Construction Fund 200,303 Close construction fund
G.O. Improv Revolving 2005B 212/Charleson Rd. 337,496 Close 212/Charleson project fund
Allocation of Costs
G.O. Improvement Bonds 2003D Public Improvement Construction 567,034 Transfer the Improvement Projects 2006 Fund's share of assessments
2005 G.O. Imp Revolving Fund ADC Project 219,748 Transfer the ADC Fund's portion of the debt payment
Improvement Projects 2006 Flying Cloud Drive 42,689 Transfer the Flying Cloud Drive Fund's portion of the project costs
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 21, 2009
DEPARTMENT/DIVISION: ITEM DESCRIPTION: #07-5690 ITEM NO.: VIII.I.
Randy Newton Approve Traffic Control Signal
Public Works /Engineering Agreement with MnDOT for Traffic
Signal on Flying Cloud Drive at
Singletree Lane.
Requested Action
Move to: Adopt resolution approving Traffic Control Signal Agreement No. 93962 with
MnDOT for the traffic signal on Flying Cloud Drive at Singletree Lane.
Synopsis
This Agreement defines MnDOT's cost participation in the Singletree Lane Improvement Project
which is estimated at a total value of$126,090 and encompasses one-half of the estimated Flying
Cloud Drive/ Singletree Lane traffic signal system costs. The agreement also indicates that
there is no change to the maintenance, operation and electric energy responsibilities from the
existing traffic signal system.
Background Information
The planned improvements to Singletree Lane include upgrading the roadway to a 4-lane divided
roadway with left turn lanes between Flying Cloud Drive and Eden Road. The project includes a
new traffic signal and pedestrian improvements at the Flying Cloud Drive/ Singletree Lane
intersection. The project also includes streetscaping improvements that correspond with the
recommendations of the MCA Streetscape Master Plan.
Prior to the City starting work on the Singletree Lane Improvement Project, MnDOT was
scheduled to remove and replace the Flying Cloud Drive/ Singletree Lane traffic signal. The
scope of the Singletree Lane Improvements required that the City include the replacement of the
traffic signal in the Singletree Lane Improvement Project. This was done with the understanding
that MnDOT would provide the same level of financial support as originally anticipated. The
Traffic Control Signal Agreement formalizes the cost participation as well as the design,
construction and maintenance responsibilities of both the City and MnDOT.
Financial Implications
The total project cost of the Singletree Lane Improvements is currently estimated at $1,550,000
excluding right-of-way. The project will be primarily funded by the Windsor Plaza Developer
with a maximum assessment of$1,175,000. Through this agreement MnDOT is responsible for
one-half of the costs (estimated at $126,090) of the new Flying Cloud Drive/ Singletree Lane
traffic signal system. The costs for the streetscaping elements along the north side of Singletree
Lane and any remaining costs remaining costs in excess of the funding identified above will be
the responsibly of the City ($275,000). The City is also responsible for the cost of the right-of-
way on the north side of Singletree Lane. The Economic Development Fund is the planned
funding source for all City costs.
Attachments
• Resolution
• Traffic Control Signal Agreement No. 93962
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2009-
APPROVE TRAFFIC CONTROL SIGNAL AGREEMENT NO. 93962 WITH MnDOT
FOR THE PROPOSED TRAFFIC SIGNAL ON FLYING CLOUD DRIVE AT
SINGLETREE LANE
(I.C. 07-5690)
WHEREAS, the City of Eden Prairie is preparing plans for the Singletree Lane Improvement
Project; and
WHEREAS, the Minnesota Department of Transportation (MnDOT) was scheduled to remove
and replace the existing traffic control signal on Flying Cloud Drive at Singletree Lane; and
WHEREAS, the scope of the Singletree Lane Improvements requires the City of Eden Prairie to
include the replacement of the traffic control signal in the Singletree Lane Improvement Project;
and
WHEREAS, the Minnesota Department of Transportation (MnDOT) has prepared a Traffic
Control Signal Agreement that identifies the cost participation, maintenance, operations, and
electrical energy requirements for the proposed traffic signal on Flying Cloud Drive at Singletree
Lane.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said Traffic
Control Signal Agreement No. 93962 for City Project 07-5690 is hereby approved, and the Mayor
and City Manager are authorized to execute the said Agreement on behalf of the City of Eden
Prairie.
ADOPTED by the Eden Prairie City Council on April 21, 2009.
Phil Young,Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
MINNESOTA TRANSPORTATION DEPARTMENT
TRAFFIC 'CONTROL SIGNAL
AGREEMENT NO. 93962
BETWEEN
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF EDEN PRAIRIE
TO
Remove the existing Traffic Control' Signal and Install a new
Traffic Control Signal with Street Lights, Emergency Vehicle
Pre-emption, Interconnect and Signing On Trunk Highway No. 212
(Flying Cloud Drive) at Sirigletree Lane in the City of Eden
Prairie, Hennepin County, Minnesota.
•
S. P, 2744-59 (T.H. 212=187)
C. P. 07-5690
, Prepared by Pre-Letting Services •
ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED
None $94, 590 . 00
l -
•
Agreement No. -93962
. PARTIES
This Agreement is entered into by the State of Minnesota
acting. through its Commissioner of Transportation, (State) , and
the City of Eden Prairie, (City) .
RECITALS -
Minnesota Statutes Section 161 . 20 authorizes the
Commissioner of Transportation to enter into agreements with any
governmental authority for the purposes of constructing,
maintaining and improving the Trunk Highway system.
The parties have determined that there is justification and
it is in the public ' s best interest to remove the existing
traffic control signal and install a new traffic control signal
including street lights, interconnect and signing (Traffic
Control Signal) at the location set out in this Agreement in
accordance with City plans, specifications and special
provisions designated as State Project No. 2744-59
(T.H. 212=187) and City Project No. 07-5690.
The City requests and the State agrees to the installation
of an Emergency Vehicle Pre-emption System (EVP System) as a
part of the new Traffic Control Signal installation.
•
It is considered in the public ' s best interest for the
State to provide a new cabinet and control equipment
•
2 -
Agreement No-. 93962
•
(State-furnished materials) to operate the new Traffic Control
Signal .
- The City and the State will participate in the cost of the
new Traffic Control Signal and EVP System.
CONTRACT
•
1 . The City will prepare the necessary plan,
specifications and proposal (Preliminary Engineering) .
2 . The City will perform all construction engineering and
- inspection functions (Construction Engineering) in connection
with the contract construction and perform all other acts and
functions necessary to cause the construction contract to be
completed in a satisfactory manner.
3 . The cost of construction (Construction Cost) consists
of the contract cost of the work, or, if the work is not
contracted, the actual cost of all labor, materials and
equipment rental required to complete the, work. Construction
Cost does not include the cost of providing the power supply to
the service pole or pad.
4 . The City shall receive bids and award a construction
contract to the lowest responsible bidder, subject to
concurrence by the State in that award, in accordance with
State-approved City plans, specifications and special provisions
designated by the State as State Project No. 2744-59
- 3
•
Agreement No. 93962
(T.H. 212=187) and by the City as City Project No. 07-5690 . The
contract construction shall be performed in accordance with
State-approved City plans, specifications and special provisions
that are on file in the office of the City' s Engineer, and are
incorporated into this Agreement by reference.
5 . The City will, within 7 days of opening bids for the
construction contract, submit to the State ' s District Engineer
at Roseville a copy of the low'bid and an abstract of all bids
together with the City' s 'request for concurrence by the State in -
the award of the construction contract. The City will not award -
the construction contract until the State advises the City' in
writing of its concurrence therein.
6. The City may reject and the State may require the City
to reject any or all bids for the construction contract. The
party rejecting or requiring the rejection of bids must provide
the other party written notice of that rejection or requirement
for rejection no later than 30 days after opening bids . Upon
the rejection of all bids pursuant to this section, a party may
request, in writing, that the bidding process be repeated. Upon
the other party' s written approval of such request, the City
will repeat the bidding process in a reasonable period of time, '
without cost or expense to the State.
7 . The contract construction will be under the direction
of the City and under the supervision of a registered
- 4
•
•
Agreement No. 93962
professional engineer; however, the contract construction shall
be open to inspection by the State District Engineer' s
authorized representatives . The City will give the District
Engineer at Roseville five days notice of its intention to start
the contract construction.
Responsibility for- the control of materials for the
contract construction will be on• the City and its contractor and
shall be carried out in accordance with Specifications No. ' 1601
through and including No. 1609 as set forth in the State' s
current "Standard Specifications for Construction" .
8 . The City will cause the contract construction to be
started and completed in accordance with the time schedule in
the construction contract special provisions . The completion
date for the contract construction may be extended, by' an
•exchange of letters between the appropriate City official and •
the State District Engineer' s authorized representative, for
unavoidable delays encountered in the performance thereof.
9 . All changes in the plans, specifications and special
provisions for the contract construction and all addenda, change
orders and supplemental agreements entered into by the City and
its contractor for contract construction must be approved in
writing,by the State District Engineer' s authorized
representative.
- 5
Agreement No. 93962
10 . The City will, in connection with the award and
administration of the construction contract and the performance
of the contract construction, comply and cause its contractor to
comply with all Federal, State and Local laws, and all
applicable ordinances and regulations. •
11. It is estimated that the State' s share of the costs of
the Traffic Control Signal, State Furnished Materials, and EVP
System construction and associated construction engineering to
be performed upon, along and adjacent to Trunk .Highway No. 212
(Flying Cloud Drive) at. Singletree Lane within the corporate
City limits under State Project No. 2744-59 (T.H. 212=187) and
City Project No. 07-5690, is the amount of $126, 090 . 00 as shown
in the attached Preliminary SCHEDULE "I" . The State provided
State-furnished materials is valued at $31, 500 . 00 . Therefore the
State' s Construction Cost plus Construction Engineering cost
share minus $31,500 .00 for State-furnished materials is
equivalent to .$94, 590 . 00, not to exceed $120, 000 . 00 . The
attached Preliminary SCHEDULE "I" was prepared using estimated
unit prices. Upon receipt and review of the construction .
contract bid documents, the State shall then decide whether to
concur in the • City' s award of the construction contract and, if
so, prepare a Revised SCHEDULE "I" based on construction
contract unit• prices .
- 6 -
Agreement No. 93962 .
•
After the following conditions have been met, the State
will advance to the City the full and complete lump sum cost
share as shown in the Revised SCHEDULE "I" , not to 'exceed
$120, 000 . 0.0 :
a. Encumbrance by the State of the State ' s full and
complete lump sum cost share as shown in the Revised
SCHEDULE "I"
b.. Execution and approval of this Agreement and the
State ' s transmittal of it to the City along with a
copy of the Revised SCHEDULE "I" and a letter advising
the City of the State' s concurrence in the award of
. the construction contract.
c . Receipt by the State of a written request from the
City for the advancement of funds . The request shall
include certification by the City that all necessary
• parties have executed the construction contract:
12 . The City will keep records and accounts that enable it
to provide the State, when requested, with the following:
a. Copies of the City contractor' s invoice (s) covering
all contract construction.
b. Copies of the endorsed and canceled City warrant or
check paying for final contract construction, or
computer documentation of the warrant issued,
- 7 -
•
Agreement No. 93962
certified by an appropriate City official that final
construction contract payment has been made.
c. Copies of all construction contract change orders and
supplemental agreements .
d. A certification form, .provided by the State, signed by
the City' s Engineer in charge of the contract
construction attesting to the following:•
1 . Satisfactory performance and completion of all
contract construction in accordance with
State-approved City plans, specifications and
•
special provisions .
2 . Acceptance and approval of all materials
furnished for the contract construction relative
to compliance of those materials to the State ' s
current "Standard Specifications for
Construction" .
3 . Full payment by the City- to its contractor for
all . contract construction.
e. Copies, certified by the City' s Engineer, of material
sampling reports and of material testing results for
the materials furnished for the contract construction.
f . A copy of the "as built" plan. sent to the State ' s
District Engineer.
- 8
•
Agreement No. 93962
13 . Upon execution and approval by the City and the State,
and completion of the ,construction work provided for herein, the
maintenance terms, power provisions and the timing and operation
of the Traffic Control Signal and EVP System shall remain as
provided for in existing Agreement NO. 57926, dated- January 3,
1977, in existing Agreement No. 77502, dated July 31, 1998, and
in existing Agreement No. 80362, dated August 8, 2000, between
the parties, for the intersection of Trunk Highway No. 212
(Flying Cloud Drive) at Singletree Lane.
• 14 . Each party will be solely responsible for its own acts
and omissions and the results thereof, to the extent authorized
by law Minnesota Tort Claims Act, Minnesota Statutes
Section 3 . 736, governs the State ' s liability. Minnesota
Statutes Chapter 466 and -other applicable law govern liability
of the City. Each party will be solely responsible for its own
employees for any Workers ' Compensation claims .
15 . Any amendment to this Agreement must be in writing and •
will not be effective until it has been executed and approved by
the same parties 'who executed and approved the original
Agreement,' or their successors in office.
16. If the State fails to enforce any provisions of this
Agreement, that failure does not waive the provision or its
right to enforce it.
•
9 _ •
' Agreement No. 93962
17 . This Agreement contains all negotiations and
agreements between the parties . No other understanding
regarding this Agreement, whether written or oral, may be used
to bind either party. •
18 . Minnesota law governs this contract. Venue for all
legal proceedings arising out of this Agreement, or its breach,
must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
19 . This Agreement is effective on the date the State
obtains all required signatures under Minnesota Statutes 16C. 05,
Subdivision 2, and will remain in effect until terminated by
written agreement of the 'parties . The State may immediately
terminate this Agreement .at anytime it does not obtain funding
. from the Minnesota legislature,- or other funding source, or if
funding can not be continued at a level sufficient to complete
the work under this Agreement.
•
20 . Authorized Agents
a. The State' s Authorized Agent for the purpose of the
administration of this Agreement is Maryanne Kelly-
Sonnek, Municipal Agreements Engineer, or her '
successor. Her current address and phone number are
395 John Ireland Boulevard, Mailstop 682, St. Paul, MN
55155, (651) 366-4634 .
•
- 10
Agreement No. 93962
b. The City' s Authorized Agent for the purpose of the
administration of this Agreement is Rod Rue, City
Engineer or his successor. His current address and
phone number are 8080 Mitchell Road, Eden Prairie, MN
55344, (952) 949-8314 .
[The remainder of this page has been intentionally left blank]
•
•
- 11
• Agreement No. 93962
•
IN TESTIMONY WHEREOF the parties have executed this Agreement by their .
authorized officers .
•
STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION
Individual certifies that funds Recommended for approval:
have been encumbered as required
by Minn. Stat. §'§ 16A. 15 and • By
16C. 05.
District Engineer
By Approved:
By
Date State Design Engineer
Date
•
MAPS Encumbrance No.
Approved as to form and execution:
•
•
CITY OF EDEN PRAIRIE By •
Contract Management
By
Mayor Date
Date
,COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management Division
By
By
Title
Date
•
Date
•
• - 12 -
CITY OF EDEN PRAIRIE
RESOLUTION
IT IS RESOLVED that the City of Eden Prairie enter into Mn/DOT Agreement No. 93962 with
the State of Minnesota, Department of Transportation for the following purposes:
To provide for payment by the State to the City of the State's share of the costs of the Traffic
Control Signal construction and other associated construction to be performed on Trunk
Highway No.212 (Flying Cloud Drive)at Singletree Lane within the corporate City limits under
State Project No. 2744-59 (T.H. 212=187) and City Project No. 07-5690.
IT IS FURTHER RESOLVED that the Mayor and the are
(Title)
authorized to execute the Agreement and any amendments to the Agreement.
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council
of the City of Eden Prairie at an authorized meeting held on the day of
2009, as shown by the minutes of the meeting in my possession:
(Signature)
Subscribed and sworn to before me this
day of ,2009 (Type or Print Name)
Notary Public (Title)
My Commission Expires
PRELIMINARY SCHEDULE"I"
Agreement No. 93962
City of Eden Prairie
S.P. 2744-59(T.H.212=187)
C.P. 07-5690 Preliminary:February 9,2009
Traffic Control Signal construction performed under
City contract with
located on T.H.212(Flying Cloud Dr.)at Singletree Lane
STATE TRAFFIC SIGNAL COST PARTICIPATION-BID-BASED LUMP SUM PAYMENT
Cost Summary
Signal State Cost State
Component Participation Cost
Cost($) Rate(%) Share($)
Traffic Control Signal System 188,000.00 50.0°l°
Emergency Vehicle Preemption System $$4,000.00
Traffic Control Interconnect 9,000.00 50.0% 4,500.00
State Furnished Materials Cost Participation 5,000.00 50.0% $2,500.00
Total State Construction cost 31,500.00 50.0% $15,750.00
Construction Engineering(8%of Total State Construction Cost) $116,750.00
Subtotal State-Construction plus Construction Engineering' $9,340.00
State Furnished Materials Supply Credit $126,090.00
(1) State Total Lump Sum Payment Based On Bids ($31,500.00)
$94,590.00
(1)Amount of advance payment as described in Paragraph No. 11 of the Agreement(Estimated amount)
- 1 -
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 21, 2009
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 09-5747 ITEM NO.: VIII.J.
Mary Krause Award Contract for 2009 Street
Striping to Highway Technologies, Inc.
Public Works/Engineering
Requested Action
Move to: Award contract for 2009 Striping to Highway Technologies, Inc., in the amount of
$74,314.30.
Synopsis
Sealed bids were received Thursday, April 9, 2008 for the 2009 Striping project. Three bids
were received and are tabulated as follows:
Highway Technologies, Inc. $ 74,314.30
AAA Striping $ 85,435.50
Century Fence $ 87,333.00
Background Information
Street striping is an annual street maintenance project. The budget for 2009 is $85,000 under
budget#1714-6337. Staff recommends award to Highway Technologies, Inc.
Attachments
• Bid Tabulation
2009 Bid Tabulation
City Street Striping
City of Eden Prairie Project I.C. # 09-5747
Highway Technologies Inc. Century Fence
EST. UNIT UNIT
NO DESCRIPTION QTY. UNIT PRICE TOTAL PRICE TOTAL
1 4" Striping (includes Broken/Solid/Double Solid) 38,600 Lin. Ft. 0.090 $3,474.00 0.135 $5,211.00
Yellow or White Paint- Latex
2 4" Striping (includes Broken/Solid/Double Solid) 140,000 Lin. Ft. 0.199 $27,860.00 0.215 $30,100.00
Yellow or White Epoxy Resin
3 6" Striping -White Expoxy 815 Lin. Ft. 0.310 $252.65 4.300 $3,504.50
4 8" Striping - Paint 400 Lin. Ft. 0.090 $36.00 0.650 $260.00
5 8" Striping - Expoxy 850 Lin. Ft. 0.199 $169.15 0.800 $680.00
6 12" Stop Line-White Paint 100 Lin. Ft. 1.500 $150.00 1.500 $150.00
7 12" Stop Line-White Expoxy 275 Lin. Ft. 3.000 $825.00 4.600 $1,265.00
8 24" Stop Line-White Paint 100 _ Lin. Ft. 3.000 $300.00 3.000 $300.00
9 24" Stop Line-White Expoxy Paint 180 Lin. Ft. 6.000 $1,080.00 7.500 $1,350.00
10 Crosswalk Blocks-White Paint 1,965 _ Sq. Ft. 1.500 $2,947.50' 1.500 $2,947.50
11 Crosswalk Blocks-White Epoxy 7,100 Sq. Ft. 3.000 $21,300.00 3.250 $23,075.00
12 Pavement Message (Arrow) -White Paint 50 EA. 39.000 $1,950.00 23.000 $1,150.00
13 Pavement Message (Arrow) -White Epoxy 110 EA. 79.000 $8,690.00 110.000 $12,100.00
14 Pavement Marking Removal _ 300 _ Lin. Ft. 1.000 $300.00 1.500 $450.00
15 R.R. Crossing -White Expoxy 2 EA. 375.000 $750.00 585.000 $1,170.00
16 Remove Message 100 _ Sq. Ft. 3.000 $300.00 3.500 $350.00
17 12" Crosshatch (yellow epoxy) 420 Lin. Ft. 3.000 $1,260.00 2.000 $840.00
18 12" Crosshatch (yellow paint latex) 1,300 _ Lin. Ft. 1.500 $1,950.00 1.500 $1,950.00
19 24" Crosshatch (yellow epoxy) 120 Lin. Ft. 6.000 $720.00 4.000 $480.00
TOTAL BASE BID $74,314.30 $87,333.00
AAA Striping Service Co.
UNIT
PRICE TOTAL
0.12 $4,632.00
0.24 $33,600.00
3.00 $2,445.00
0.49 $196.00
0.90 $765.00
2.50 $250.00
4.80 $1,320.00
3.20 $320.00
6.00 $1,080.00
1.50 $2,947.50 _
3.00 $21,300.00
45.00 $2,250.00 _
75.00 $8,250.00
2.00 $600.00 _
450.00 $900.00
3.50 $350.00
4.00 $1,680.00
1.50 $1,950.00
5.00 $600.00
$85,435.50
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 21, 2009
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 09-5748 ITEM NO.: VIII.K.
Mary Krause Award Contract for 2009 Bituminous Crack
Public Works/Engineering Sealing to Precision Sealcoating Inc.
Requested Action
Move to: Award contract for 2009 Bituminous Crack-Sealing to Precisison Sealcoating Inc., in
the amount of$184,800.00.
Synopsis
Sealed bids were received Thursday, April 9, 2008 for the 2009 Bituminous Crack Sealing. Six
bids were received as follows:
Precision Sealcoating, Inc. $184,800.00
Expert Driveways Inc. $209,000.00
American Pavement Solutions, Inc. $212,000.00
Northwest Asphalt Maintenance Inc. $228,000.00
Fahrner Asphalt Sealers, LLC $254,000.00
ASTECH Corporation $254,000.00
Background Information
Street bituminous crack sealing is an annual street maintenance project in preparation for the
2009 seal coat project. The quantities include some of the recent overlay areas as well as a
portion of the proposed 2010 sealcoat project area. The unit price from the low bidder this year
is actually 3% lower than last year's price. The 2009 operating and maintenance budget for
bituminous crack sealing is $130,000 under budget item 1707-6339 with the balance of the
funding coming from the CIP fund.
Staff recommends award to Precision Sealcoating Inc.
Attachment:
• 2009 Bid Results
I.C. 09-5748, 2009 Bituminous Crack Seal
Bid Results
Contractor Estimated Unit Price/lb. Total Price
Quantity
Precision Sealcoating, 200,000 lbs. $0.924/lb. $ 184,800.00
Inc.
Expert Driveways Inc. 200,000 lbs. $1.045/1b. $209,000.00
American Pavement 200,000 lbs. $1.06/1b. $212,000.00
Solutions, Inc.
Northwest Asphalt 200,000 lbs. $1.14/1b. $228,000.00
Maintenance Inc.
Fahrner Asphalt 200,000 lbs. $1.27/lb. $254,000.00
Sealers, LLC
ASTECH Corporation 200,000 lbs. $1.27/lb. $254,000.00
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 21, 2009
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 09-5754 ITEM NO.: VIII.L.
Mary Krause Approve Professional Services
Public Works/Engineering Agreement with HTPO for the Bent
Creek Golf Course Drainage
Improvements
Requested Action
Move to: Approve Professional Services Agreement with HTPO for the Bent Creek Golf
Course Drainage Improvements.
Synopsis
The drainage improvements in Bent Creek Golf Course include the removal and replacement of
existing public storm sewer and potential improvements to the existing pond. The project will be
funded through the Storm Water Utility Fund.
Background Information
The Bent Creek Golf Course Drainage Improvements include the removal and replacement of
existing public corrugated metal storm sewer piping that has corroded and separated that is
located within the Bent Creek Golf Course adjacent to Mitchell Road and south of the PDQ
store. The storm sewer was initially installed in the early 1980's. The piping will be removed
and replaced with concrete storm sewer piping.
The existing pond was initially constructed with a depth of 5-6 feet and has silted in over the
years. During the design phases of the project the opportunity to increase the size and depth of
the pond to NURP pond standards will be evaluated for potential improvements in water quality
for the associated drainage area.
Financial Implications
The Professional Services Agreement with HTPO has an estimated cost of$30,600. The funding
for this agreement and proposed improvements will be funded from the Storm Water Utility
Fund.
Attachments
• Professional Services Agreement
• HTPO Proposal
Rev. 10-28-2008
Standard Agreement for Professional Services
This Agreement is made on the 21st day of April, 2009, between the City of Eden Prairie,
Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN
55344, and Hansen Thorp Pellinen Olson, Inc., a Minnesota corporation (hereinafter "Consultant")
whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of
professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this Agreement is
to set forth the terms and conditions for the provision of professional services by Consultant for Bent
Creek Golf Course Drainage Improvements hereinafter referred to as the "Work".
The City and Consultant agree as follows:
1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown
in the attached proposal letter dated March 31, 2009 in connection with the Work. The terms of
this standard agreement shall take precedence over any provisions of the Consultants proposal
and/or general conditions.
2. Term. The term of this Agreement shall be from April 22, 2009 through December 31, 2009, the
date of signature by the parties notwithstanding. This Agreement may be extended upon the
written mutual consent of the parties for such additional period as they deem appropriate, and
upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $30,600 for the services as described in Exhibit A.
A. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the complex or
specialized nature of the Project and when authorized in writing by the City.
C. If Consultant is delayed in performance due to any cause beyond its reasonable control,
including but not limited to strikes, riots, fires, acts of God, governmental actions, actions
of a third party, or actions or inactions of City, the time for performance shall be
extended by a period of time lost by reason of the delay. Consultant will be entitled to
payment for its reasonable additional charges, if any, due to the delay.
1
Rev. 10-28-2008
4. City Information. The City agrees to provide the Consultant with the complete information
concerning the Scope of the Work and to perform the following services:
A. Access to the Area. Depending on the nature of the Work, Consultant may from time to
time require access to public and private lands or property. As may be necessary, the
City shall obtain access to and make all provisions for the Consultant to enter upon
public and private lands or property as required for the Consultant to perform such
services necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough consideration to all
reports, sketches, estimates, drawings, and other documents presented by the
Consultant, and shall inform the Consultant of all decisions required of City within a
reasonable time so as not to delay the work of the Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria,
including but not limited to, design and construction standards that may be required in
the preparation of the Work for the Project.
D. Owner's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall have
complete authority to transmit instructions, receive information, interpret, and define the
City's policy and decisions with respect to the services provided or materials, equipment,
elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized
invoice for professional services performed under this Agreement. Invoices submitted shall be
paid in the same manner as other claims made to the City for:
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked, rate
of pay for each employee, a computation of amounts due for each employee, and the
total amount due for each project task. Consultant shall verify all statements submitted
for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For
reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an
itemized listing and such documentation as reasonably required by the City. Each
invoice shall contain the City's project number and a progress summary showing the
original (or amended) amount of the contract, current billing, past payments and
unexpended balance of the contract.
B. Suspended Work. If any work performed by the Consultant is suspended in whole or in
part by the City, the Consultant shall be paid for any services performed prior to receipt
of written notice from the City of such suspension, all as shown on Exhibit A.
C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of
special consultants, as described in Section 3B, and for other items when authorized in
writing by the City.
D. Claims. To receive any payment on this Agreement, the invoice or bill must include the
following signed and dated statement: "I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid."
2
Rev. 10-28-2008
6. Project Manager and Staffing. The Consultant has designated Laurie Johnson and Ted
Anderson to serve on the Project. They shall be assisted by other staff members as necessary
to facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace these designated staff from the Project without the
approval of the City.
7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with
the standard of care in Hennepin County, Minnesota for professional services of the like kind.
8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by
the Consultant under this Agreement which the City requests to be kept confidential, shall not
be made available to any individual or organization without the City's prior written approval. The
books, records, documents and accounting procedures and practices of the Consultant or other
parties relevant to this Agreement are subject to examination by the City and either the
Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this
Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota
Government Data Practices Act, to the extent the Act is applicable to data and documents in the
possession of the Consultant.
9. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under this
provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the City
terminates the Agreement because the Consultant has failed to perform in accordance with this
Agreement, no further payment shall be made to the Consultant, and the City may retain
another consultant to undertake or complete the work identified in Paragraph 1.
10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under
this Agreement except as noted in the Scope of Work, without the express written consent of
the City. The Consultant shall pay any subcontractor involved in the performance of this
Agreement within the ten (10) days of the Consultant's receipt of payment by the City for
undisputed services provided by the subcontractor. If the Consultant fails within that time to pay
the subcontractor any undisputed amount for which the Consultant has received payment by the
City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of
1.5 percent per month or any part of a month. The minimum monthly interest penalty payment
for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the
Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who
prevails in a civil action to collect interest penalties from the Consultant shall be awarded its
costs and disbursements, including attorney's fees, incurred in bringing the action.
11. Independent Consultant. At all times and for all purposes herein, the Consultant is an
independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Consultant an employee of the City.
12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, disability,
sexual orientation or age. The Consultant shall post in places available to employees and
applicants for employment, notices setting forth the provision of this non-discrimination clause
and stating that all qualified applicants will receive consideration for employment. The
Consultant shall incorporate the foregoing requirements of this paragraph in all of its
3
Rev. 10-28-2008
subcontracts for program work, and will require all of its subcontractors for such work to
incorporate such requirements in all subcontracts for program work. The Consultant further
agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes
363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act
of 1990.
13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without
the written consent of the other party.
14. Services Not Provided For. No claim for services furnished by the Consultant not specifically
provided for herein shall be honored by the City.
15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any
reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not
affect the remaining provisions of this Agreement.
16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement
supersedes all oral agreements and negotiations between the parties relating to the subject
matter hereof as well as any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in writing and duly signed by
the parties, unless otherwise provided herein.
17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant
shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services
to be provided. The Consultant and City, together with their respective agents and employees,
agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes
Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any
violation of statutes, ordinances, rules and regulations pertaining to the services to be provided
shall constitute a material breach of this Agreement and entitle the City to immediately terminate
this Agreement.
18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not
affect, in any respect, the validity of the remainder of this Agreement.
19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and
employees harmless from any liability, claims, damages, costs, judgments, or expenses,
including reasonable attorney's fees, resulting directly or indirectly from a negligent act or
omission (including without limitation professional errors or omissions) of the Consultant, its
agents, employees, or subcontractors in the performance of the services provided by this
Agreement and against all losses by reason of the failure of said Consultant fully to perform, in
any respect, all obligations under this Agreement.
20. Insurance.
A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay
for such insurance as will protect against claims for bodily injury or death, or for damage
to property, including loss of use, which may arise out of operations by Consultant or by
any subcontractor or by anyone employed by any of them or by anyone for whose acts
any of them may be liable. Such insurance shall include, but not be limited to, minimum
coverages and limits of liability specified in this Paragraph, or required by law. The
4
Rev. 10-28-2008
policy(ies) shall name the City as an additional insured for the services provided under
this Agreement and shall provide that the Consultant's coverage shall be primary and
noncontributory in the event of a loss.
B. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability on this Project:
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Comprehensive Liability $1,000,000 property damage per occurrence
$2,000,000 general aggregate
$2,000,000 Products— Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit (shall include coverage
for all owned, hired and non-owed vehicles.
Umbrella or Excess Liability $2,000,000
C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent
in coverage to ISO form CG 0001, and shall include the following:
a. Premises and Operations coverage with no explosions, collapse, or underground
damage exclusion (XCU).
b. Products and Completed Operations Property Damage coverage. Consultant
agrees to maintain this coverage for a minimum of two (2) years following
completion of its work.
c. Personal injury with Employment Exclusion (if any) deleted.
d. Broad Form CO0001 0196 Contractual Liability coverage, or its equivalent.
e. Broad Form Property Damage coverage, including completed operations, or its
equivalent.
f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an
Additional Insured, on ISO form CG 20 10 11 85, or CG 20 10 10 01 and CG 20
37 10 01, or an endorsement(s) providing equivalent coverage to the Additional
Insureds. ISO form CG 20 10 07 04, and later versions of said form, are not
acceptable.
g. If the Work to be performed is on an attached community, there shall be no
exclusion for attached or condominium projects.
5
Rev. 10-28-2008
h. "Stop gap" coverage for work in those states where Workers' Compensation
insurance is provided through a state fund if Employer's liability coverage is not
available.
Incidental Malpractice and Host Liquor Liability insurance applicable to the
Consultant's performance under this Agreement.
j. Severability of Insureds provision.
D. Professional Liability Insurance. The Consultant agrees to provide to the City a
certificate evidencing that they have in effect, with an insurance company in good
standing and authorized to do business in Minnesota, a professional liability insurance
policy. Said policy shall insure payment of damage for legal liability arising out of the
performance of professional services for the City, in the insured's capacity as the
Consultant, if such legal liability is caused by an error, omission, or negligent act of the
insured or any person or organization for whom the insured is legally liable. Said policy
shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an
insured.
E. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant's sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing. In addition to the requirements stated
above, the following applies to the insurance policies required under this Paragraph:
a. All polices, except the Professional Liability Insurance policy, shall be written on
an "occurrence" form ("claims made" and "modified occurrence" forms are not
acceptable);
b. All polices, except the Professional Liability Insurance policy, shall be apply on a
"per project" basis;
c. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall contain a waiver of subrogation naming "the City of
Eden Prairie";
d. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall name "the City of Eden Prairie" as an additional
insured;
e. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall insure the defense and indemnity obligations
assumed by Consultant under this Agreement; and
f. All polices shall contain a provision that coverages afforded there under shall not
be canceled or non-renewed or restrictive modifications added, without thirty (30)
days prior written notice to the City.
A copy of the Consultant's insurance declaration page, Rider and/or Endorsement,
as applicable, which evidences the compliance with this Paragraph 20, must be
filed with City prior to the start of Consultant's Work. Such documents evidencing
Insurance shall be in a form acceptable to City and shall provide satisfactory evidence
6
Rev. 10-28-2008
that Consultant has complied with all insurance requirements. Renewal certificates shall
be provided to City prior to the expiration date of any of the required policies. City will not
be obligated, however, to review such declaration page, Rider, Endorsement or
certificates or other evidence of insurance, or to advise Consultant of any deficiencies in
such documents and receipt thereof shall not relieve Consultant from, nor be deemed a
waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City
reserves the right to examine any policy provided for under this paragraph.
F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the
specified insurance, then Consultant will defend, indemnify and hold harmless the City, the
City's officials, agents and employees from any loss, claim, liability and expense (including
reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the
same protection as would have been provided by the specified insurance. Except to the
extent prohibited by law, this indemnity applies regardless of any strict liability or
negligence attributable to the City (including sole negligence) and regardless of the extent
to which the underlying occurrence (i.e., the event giving rise to a claim which would have
been covered by the specified insurance) is attributable to the negligent or otherwise
wrongful act or omission (including breach of contract) of Consultant, its subcontractors,
agents, employees or delegates. Consultant agrees that this indemnity shall be construed
and applied in favor of indemnification. Consultant also agrees that if applicable law limits
or precludes any aspect of this indemnity, then the indemnity will be considered limited
only to the extent necessary to comply with that applicable law. The stated indemnity
continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
b. Furnish a written acceptance of tender of defense and indemnity from Consultant's
insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated
in connection with the performance of the Agreement ("Information") shall become the property
of the City, but Consultant may retain copies of such documents as records of the services
provided. The City may use the Information for its purposes and the Consultant also may use
the Information for its purposes. Use of the Information for the purposes of the project
contemplated by this Agreement ("Project") does not relieve any liability on the part of the
Consultant, but any use of the Information by the City or the Consultant beyond the scope of the
Project is without liability to the other, and the party using the Information agrees to defend and
indemnify the other from any claims or liability resulting therefrom.
22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to
this Service Agreement or the relationships which result from this Agreement shall be subject to
mediation as a condition precedent to initiating arbitration or legal or equitable actions by either
party. Unless the parties agree otherwise, the mediation shall be in accordance with the
Commercial Mediation Procedures of the American Arbitration Association then currently in
effect. A request for mediation shall be filed in writing with the American Arbitration Association
7
Rev. 10-28-2008
and the other party. No arbitration or legal or equitable action may be instituted for a period of
90 days from the filing of the request for mediation unless a longer period of time is provided by
agreement of the parties. Cost of mediation shall be shared equally between the parties.
Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed
upon by the parties. The parties shall memorialize any agreement resulting from the mediation
in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in
any court having jurisdiction thereof.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City
shall have a financial interest, direct or indirect, in this Contract. The violation of this provision
renders the Contract void. Any federal regulations and applicable state statutes shall not be
violated.
25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall
be considered an original.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
FIRM NAME
By:
Its:
8
E3(h;.b;f t
1 I I Engineering Surveying
; ) Landscape Architecture
March 31,2009
Ms.Mary Krause
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
Re: Bent Creek Storm Sewer and Pond Improvements
Dear Mary,
As requested,the following estimate for civil engineering_and
surveying services are provided for your consideration.
Estimate Scope of Service
$5,000.00 Topography. Includes up to 20 hours of
field surveying for topography of pond and
overflow area,location of wetland stakes
and existing storm sewer,and verification
of property boundary.
$1,700.00 Wetland Delineation by Kjolhaug
Environmental Services Company.
$6,500.00 Drainage Analysis and Preliminary Cost
Estimate. Includes determination of
approximate drainage area and pond
volume for comparison to NURP standards;
analysis of options for pond expansion and
outlet;and preliminary cost estimate for
budgeting.
$2,500.00 Sediment Sampling by Braun Intertec.
Includes samples of pond sediment to
determine levels of contaminants in
7510 Market Place Drive accordance with the Minnesota Pollution
Eden Prairie, MN 55344 Control Agency requirements.
952-829-0700
952-829-7806 fax $12,000.00 Construction Documents. Preparation of
www.htpo.com plans and specifications for replacement of
existing 42"CMP pipe,sediment removal,
HANSEN THORP PELLINEN OLSON, INC.
Krause/Johnson
March 31,2009
Page 2
pond outlet improvements,and possible
expansion of existing pond. Includes
preparation of Stormwater Pollution
Prevention Plan(SWPPP) and permit
application to the MnPCA,and engineers
estimate.
$1,700.00 Easement Document including legal
description and exhibit
$1,200.00 Reimbursables
$30,600.00 TOTAL
Fees for bidding and construction phase services have not been
included in the above estimates.
Invoices will be submitted based on actual hours worked using a
2.4 multiplier times direct personal expense,and reimbursable
expenses incurred(printing,courier,and other out-of-house
documents and fees). We will keep you informed of our work
progress and the above fee estimate will not be exceeded without
prior approval from your office. We invoice our services monthly
payable within 30 days.
Thank you for this opportunity to provide our services.
Sincerely,
Hansen Thorp Pellinen Olson, Inc.
C )f eux.44, d. 9
Laurie A.Johnson,P.E.
Principal
II I I Engineering • Surveying HOURLY BUDGET & SCHEDULE
Landscape Architecture Project Bent Creek Storm Sewer and Pond Improvements
1 Client City of Eden Prairie
Date 3/31/2009 Job No. 09-011
HOURS BILLING RATE TOTALS TASK
PHASE: CATEGORY DATE
100 SURVEY
Proposed Fee Field 20 Crew 152 3,040
$5,000 Research/Computation 2 Sury II 94 188
Draft 16 Sury II 94 1,504
Check/Supervision 1 Sury V 139 139
QC Review 1 Sury IV 128 128
Billable Total $4,999
200 FEASIBILITY STAGE
Proposed Fee Set up Project Files 1 Eng I 77 77
$6,500 Project Management,Coordination 5 Eng V 139 695
Delineate drainage area,compute
required NURP volume 16 Eng I 77 1,232
Compute original pond volume 4 Eng I 77 308
Compute sediment removal 4 Eng I 77 308
Options for pond expansion 8 Eng I 77 616
Options for pond outlet 8 Eng I 77 616
Flood routing Eng I 77 ' 0
Quantities 6 Eng I 77 462
Check Quantities 4 Tech IV 100 400
Cost Estimates(Preliminary) 4 Eng I 77 308
Cost Tabulation with Fees Eng I 77 0
Meetings with Client 4 Eng V 139 556
Meetings with Neighbors Eng III 111 0
Narrative Eng T 77 0
Figures Eng I 77 0
Assessment Roll Eng I 77 ` 0
Property Owner List Eng I 77 ' 0
Footage&Acreage Eng I 77 0
Calculation Eng I 77 0
Project Schedule Eng I 77 : 0
Public Hearing Notice Eng I 77 0
PE Review 6 Eng V 139 834
QC Review Eng V 139 0
Billable Total $6,412
250 CONSTRUCTION PLANS
Proposed Fee Project Management,Coordination 4 Eng V 139 556
$8,600 Order Soils Borings 1 Eng I 77` 77
Order Field Work Eng I 77 0
Contact Private Utilities 2 Eng I 77 154
Set up Sheet Network 2 Eng I 77' 154
Horizontal Layout/Stationing Eng I 77 0
Grading Plan 16 Eng I 77 1,232
42 Storm Proj Budget Planner.xlsx page 1 of 3 4/1/2009
Flood Routing 8 Eng I 77 616
Street Section Eng I 77 0
Storm Sewer 20 Eng I 77 1,540
Sanitary Sewer Eng I 77 0
Water Main EngI 77 0
Utility Crossings Eng I 77 0
Special Notes,Labeling 2 Eng I 77 154
Erosion Control/SWPPP 8 Eng I 77 616
Easements/Construction access 4 Eng I 77 308
Meetings with Client 4 Eng V 139 556
Cover Sheet Eng I 77 0
Detail Sheets 8 Eng I 77 616
Signing and Striping/Traffic Control Eng I 77 0
Overall Layout Sheet Eng I 77 0
Statement of Est Quantity Sheet Eng I 77 0
Coordination w/ Mn/DOT State Aid Eng III 111 0
Coordination w/ adjacent developers Eng III 111 0
PE Review 8 Eng V 139 1,112
Field Check of Existing Conditions 2 Eng I 77 154
Send Plans to Private Utility Companies 2 Eng I' 77 154
QC Review 4 Eng V 139 556
Billable Total $8,555
250 SPECIFICATIONS:
Proposed Fee Cover Eng I 77 0
$3,000 Table of Contents Eng I. 77 0
Certification Eng I 77 0
Ad for Bids 2 Eng I 77 154
Special Conditions 8 Eng I 77 616
Final Quantities 8 Eng I 77 616
Check Quantities 4 Tech IV 100 400
Bid Summary and Signature Sheets 1 Eng I 77 77
Appendix(soil borings,permit
requirements,etc.) Eng I 77 0
Typing 4 Clerical I 56 224
Check Typing 2 Eng I 77 154
PE Review 2 Eng III 111 222
QC Review 1 Eng V 139 139
Printing&binding 4 Clerical L 56 224
Check printed books 1 Eng I • 77 77
Billable Total $2,903
250 EASEMENTS
Proposed Fee Description(s)and computations 6 Sury V 139 834
$1,700 Sketches 6 Tech IV 100 600
Check against Plans 1 Eng I 77 77
QC Review 1 Sury V 139 139
Billable Total $1,650
250 PERMITS
Proposed Fee Health Department Watermain Extension Eng I 77 0
$400 PCA Sanitary Sewer Extension(cc:MCES) Eng I 77 0
MCES Sanitary Connection Eng I 77 0
PCA Stormwater 4 Eng I 77 308
Watershed Eng I 77 0
42 Storm Proj Budget Planner.xlsx page 2 of 3 4/1/2009
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda April 21, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILM.
Scott Neal, City Manager Approve Selection of PDI to Perform the
City Managers 2009 Performance Review
Requested Action
Move to: Move to approve the selection of PDI to perform the City Manager's 2009 annual
performance review.
Synopsis
The City's employment agreement with the City Manager requires the Council to conduct an
annual review of the City Manager's work performance. That review typically takes place in late
April or early May. The Council has consistently expressed a preference for the review to be
performed by a qualified outside consultant. Since 2003, the review has been performed by Mr.
Harry Brull from Personnel Decisions, Incorporated(PDI).
It's time to begin the initial prep work for the City Manager's 2009 review. Mr. Brull is
available to perform the 2009 review. The cost of the last year's review was $1,000. The cost of
this year's review is anticipated to be $1,000. If the Council approves the selection of Mr. Brull
to perform the 2009 review, I will notify him to begin the review process using last year's
process as his model.
Staff has tentatively scheduled the City Council's May 19 workshop as the date for the Council
to receive the review from Mr. Brull in closed session.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 21, 2009
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N.
Stuart Fox, Parks and Natural Award Bid for Round Lake Tennis Court
Resources Manager Reconstruction
Requested Action
Move to: Award the contract for reconstruction of the Round Lake Park tennis court complex
to Northwest Asphalt Inc. in the amount of$274,556.05.
Synopsis
The eight court tennis complex at Round Lake Park is over 30 years old. A consultant was hired three
years ago to evaluate the large structural cracks and the overall playing surface of the facility. The
courts had received an overlay about 15 years ago but the surface condition has deteriorated greatly
in the last five years. The consultant's recommendation was that this facility needed to be
reconstructed to correct the subsurface structural problems and install a perimeter drain system. The
reconstruction involves removal of all of the chain link fencing and bituminous court surface. Plans
and specifications were prepared and legal notice published. Bids were opened on March 27, 2009. A
total of six bids were received and they are as follows:
DEMOLITION CONSTRUCTION TOTAL BID
BIDDER NAME AMOUNT
SUBTOTAL SUBTOTAL
Northwest Asphalt Inc. $76,931.96 $197,624.09 $274,556.05
Wm. Mueller& Sons,Inc. $96,961.75 $201,013.20 $297,974.95
Midwest Asphalt Corporation $121,900.00 $185,600.00 $307,500.00
Plehal Blacktopping Inc $104,530.00 $224,915.00 $329,445.00
—
Bituminous Roadways,Inc. $188,825.00 $202,350.00 $391,175.00
Barber Construction $199,000.00 $230,000.00 $429,000.00
Background
The eight court tennis complex at Round Lake Park is over 30 years old and with the structural
cracks and deterioration needs to be rebuilt. This is a city park facility but the use and repair is
covered by a joint use agreement with the Eden Prairie School District. The terms of the agreement is
that these courts can be used by the school district tennis teams as well as physical education classes
during the school year. To offset their use of the city tennis courts the school district agrees to
participate in half of the upkeep and maintenance costs for the facility. This would include restoration
of the color coat surfacing, fence repair,wind screen replacement and court reconstruction. (We have
the same agreement for the tennis court facilities at the Central Middle School.)
Award Bid for Round Lake Tennis Court Reconstruction
April 21, 2009
Page 2
City staff has worked with School District staff and used their input to make certain that the court
reconstruction will not impact their tennis season and also meet the playability needs of the varsity
teams. City tennis lesson programs will be moved to Central Middle School and other tennis facilities
during the summer reconstruction.
Recommendation:
The staff recommends awarding the contract for the restoration to Northwest Asphalt Inc. in the
amount of$274,556.05. The Parks,Recreation and Natural Resources Commission reviewed this
project at their April 6, 2009 meeting and recommended awarding the reconstruction contract to
Northwest Asphalt Inc. on a unanimous vote (6-0).
Construction will start on June 8,2009 and the courts will be ready for play by Labor Day.
The funding for the reconstruction of these courts will come from the 2009 Capital Improvement
Program. The 2007 estimated cost for the reconstruction was $500,000 with the City funding/paying
half and the School District the other half. The final construction cost for the project will be equally
divided between the City and School District which is substantially lower than the $250,000 that each
of us budgeted for the project based on the original engineering estimates.
Attachment
Aerial Photo of Round Lake Tennis Court Complex
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CITY COUNCIL AGENDA DATE: April 21, 2009
SECTION: Public Hearings
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A.
Community Anchor Bank
Development/Planning
Janet Jeremiah/Scott Kipp
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Planned Unit Development Concept Amendment on 1.06 acres; and
• Approve 1st Reading of the Ordinance for Planned Unit Development District Review with
waivers and Zoning District Amendment in the Commercial Regional Service Zoning District on
1.06 acres; and
• Direct Staff to prepare a Development Agreement incorporating Staff and Commission
recommendations and Council conditions.
Synopsis
The existing building was a Krispy Kreme Doughnut Shop. The project is to add a drive-thru canopy
and an additional 494 square feet to the building to accommodate a new Anchor Bank. The building
addition meets the building material standards. Parking meets code and the drive-thru provides
adequate stacking.
Background Information
A front yard setback waiver from 35 feet to 31 feet is currently requested for the building addition on
the east side where an outdoor patio existed. This waiver may have merit for the following reasons:
• The setback is consistent with the variance approved in 2003.
• The distance between the building addition and Prairie Center Drive is over 100 feet.
• The addition adds architectural interest.
The 120-Day Review Period Expires on June 30,2009.
Planning Commission Recommendation
The Planning Commission voted 7-0 to recommend approval at the March 23, 2009 meeting.
Attachments
1. Resolution—PUD Concept Amendment
2. Staff Report
3. Location Map
4. Land Use Map
5. Zoning Map
6. Planning Commission Unapproved Minutes
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2009-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT AMENDMENT FOR ANCHOR BANK
BY ANCHOR BANK
WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the
Planned Unit Development (PUD) Concept Amendment of certain areas located within the City;
and
WHEREAS, the Planning Commission did conduct a public hearing on March 23, 2009,
on Anchor Bank by Anchor Bank and considered their request for approval of the PUD Concept
Amendment plan and recommended approval of the request to the City Council; and
WHEREAS,the City Council did consider the request on April 21, 2009.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Anchor Bank, being in Hennepin County, Minnesota, legally described as
outlined in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept Amendment approval as outlined
in the plans stamp dated April 15, 2009.
3. That the PUD Concept Amendment meets the recommendations of the Planning
Commission March 23, 2009.
ADOPTED by the City Council of the City of Eden Prairie this 21st day of April, 2009
Phil Young, Mayor
ATTEST:
Kathleen Porta, City Clerk
EXHIBIT A
PUD Concept Amendment - Anchor Bank
Legal Description:
Lot 1, Block 1, Southwest Station 2nd Addition
STAFF REPORT
TO: Planning Commission
FROM: Scott A. Kipp, Senior Planner
DATE: March 20, 2009
PROJECT: Anchor Bank
LOCATION: 12950 Technology Drive
APPLICANT: Anchor Bank
OWNER: Sovereign Glazed I LLC
120 DAY REVIEW: Expires June 30, 2009
REQUEST: • Planned Unit Development Concept Amendment on 1.06 acres
• Planned Unit Development District Review with waivers on 1.06 acres
• Zoning District Amendment within the Commercial Regional Service
Zoning District on 1.06 acres
• Site Plan Review on 1.06 acres
Staff Report—Anchor Bank
March 20, 2009
Page 2
BACKGROUND
The Comprehensive Guide Plan shows this site as a Regional Commercial land use. The
property is zoned Commercial Regional Service as part of the overall Southwest Station Retail
development. The existing building on the property was a Krispy Kreme doughnut shop.
SITE PLAN
The site plan shows the modification of the existing 4,693 square foot building to accommodate
a new Anchor Bank. A drive-thru canopy on the west side and a new 494 square foot addition to
the east side will bring the building to 5,187 square feet. The base area and floor area ratio is
0.11. City code permits up to a 0.20 base area ratio and a 0.40 floor area ratio in the Commercial
Regional Service district.
Based on building square footage a total of 31 parking spaces are required. Twenty-six parking
spaces and 8 drive-thru stacking spaces are provided for a total of 34 spaces. Additional parking
is also available through a cross parking agreement. Adequate stacking is provided for the drive-
thru and includes a bypass lane.
PUD WAIVERS
The existing building was originally granted PUD waivers for parking setback from 35 feet to 14
feet along the north property line, and from 10 feet to 0 feet along the internal lot lines to the
south. A setback variance was also approved in 2003 after the building was constructed to
accommodate a survey error that placed the building 31 feet to the east lot line rather than the
required 35 feet.
A front yard setback waiver from 35 feet to 31 feet is currently requested for the building
addition on the east side where an outdoor patio existed. This waiver may have merit for the
following reasons:
• The setback is consistent with the variance approved in 2003.
• The distance between the building addition and Prairie Center Drive is over 100 feet.
• The addition adds architectural interest.
DRAINAGE AND UTILITIES
Storm water from this site drains to existing basins along Technology Drive. Utilities currently
serve the site.
LANDSCAPING
The existing landscape will remain. Based on the additional square footage to the building a
total of 2 caliper inches are required. This has been accommodated in the plans.
2
Staff Report—Anchor Bank
March 20, 2009
Page 3
ARCHITECTURE
The building architecture will be modified to accommodate a conference room/office, atrium and
drive-thru facility. The majority of the exterior building materials will remain. Addition face
brick was provided to meet building material requirements.
Building height is 38 feet. Code permits up to 40 feet. The continuous parapet will screen all
rooftop equipment.
SITE LIGHTING
The existing parking lot light standards will remain. Lighting for the drive-thru canopy will be
recessed within the canopy.
SIGNS
The free-standing monument sign and all wall signs for the building meet city code.
POTENTIAL SOUTHWEST TRANSITWAY IMPACTS
The "Southwest Transitway" is a proposed Light Rail Transit (LRT) line that would connect
downtown Minneapolis to Eden Prairie through St. Louis Park, Hopkins, Minnetonka. The
Hennepin County Regional Railroad Authority (HCRRA) is developing the Southwest
Transitway project with the goal of it being operational by as early as 2015. The HCRRA is
currently in the process of completing a Draft Environmental Impact Statement(DEIS) for the
proposed LRT line. As part of the DEIS process two alignment alternatives in Eden Prairie are
being evaluated and one alignment will be selected as the Locally Preferred Alternative (LPA).
The two alignment alternatives include Alignment"lA"which uses the HCRRA property
(regional trail) through north central Eden Prairie and Alignment"3"which uses new right-of-
way through OPUS, the Golden Triangle, and the Major Center Area. Alignment"3" also
includes a proposed station location at Southwest Station immediately adjacent to the Anchor
Bank property. The attached map graphically shows the proposed alignments. Please note that
Alignment"3" encompasses both Alignment"3A" and"3C"which are the same in Eden Prairie
Although the Locally Preferred Alternative has yet to be selected both the Eden Prairie City
Council and the Southwest Transitway Policy Advisory Committee have previously approved
resolutions supporting the "3"Alternative through Eden Prairie and Minnetonka. It is
anticipated that the Locally Preferred Alternative will be selected this summer.
The Anchor Bank property is not impacted by Alignment"1A"but may be impacted by the
proposed Alignment"3" alternative in several ways. First the concept plans for Alignment"3"
indicate a direct impact to the Anchor Bank property which would potentially require a property
taking. Second, it is anticipated that the Alignment"3" alternative would require a significant
expansion of the existing parking deck at Southwest Station to accommodate Park and Ride
3
Staff Report—Anchor Bank
March 20, 2009
Page 4
demand. It is unclear at this time to what extent and an expanded parking facility will impact
the Anchor Bank property.
STAFF RECOMMENDATIONS
Recommend approval of the following request:
• Planned Unit Development Concept Amendment on 1.6 acres
• Planned Unit Development District Review with waivers on 1.6 acres
• Zoning District Amendment within the Commercial Regional Service Zoning District on 1.6
acres
• Site Plan Review on 1.6 acres
This is based on plans stamped dated March 2, 2009, and the following conditions:
1. Prior to grading permit issuance, the proponent shall:
A. Submit detailed storm water runoff,utility, and erosion control plans for review and
approval by the City Engineer and Watershed District Notify the City and
Watershed District 48 hours in advance of grading.
B. Install erosion control at the grading limits.
2. Prior to building permit issuance for the property, the proponent shall:
A. Review the plans with the Fire Marshal
B. Submit building materials and colors for review and approval.
3. The following waiver is granted through the PUD for the project:
A. A front yard setback of 31 feet from the Prairie Center Drive right-of-way. City
code requires 35 feet.
4
Area Location Map - Anchor Bank
Address: 12950 Technology Drive
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=Rural -Regional Commercial
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1 R1-13.5 One Family-13,500 sf min. -TC-MU
1R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Mm. Anchor BankA .RM-5.5 Multi-Family-5.7 U.P.A.max. -IndustrialPark-5Acre Mi. 12950 Technology Drive EDEN
-RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min.
1 I Office -Public Eden Prairie, MN 55344
Neighborhood Commercial Q Golf Course No Scale PRAIRIE
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-Highway Commercial I 1 Right of Way
-Regional Service Commercial
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, MARCH 23, 2009 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jerry Pitzrick,
Peter Rocheford, Kevin Schultz,
Fred Seymour, Ray Stoelting, Jon Stoltz
STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources
Michael Franzen, City Planner
Scott Kipp, Senior Planner
Rod Rue, City Engineer
Julie Krull, Recording Secretary
PUBLIC HEARINGS
A. Anchor Bank
Request for:
Planned Unit Development Concept Amendment on 1.06 acres; Planned Unit
Development District Review with waivers on 1.06 acres; Zoning District
Amendment within the Commercial Regional Service Zoning District on 1.06
acres; Site Plan Review on 1.06 acres.
Todd Mohagen, architect for this project,presented the proposal. He stated they
are taking over the existing Krispy Kreme facility and turning it into a bank. Mr.
Mohagen used the overhead projector to illustrate the plans for the future bank.
He stated the original sunscreen and building materials would remain the same.
They will have a tower representing Anchor Bank. The hours of operation will be
8:00 a.m. to 5:00 p.m., with the drive-thru being open until 6:00 p.m. He pointed
out that parking should not be an issue; that drainage will stay the same and they
are adding a few more trees for the landscaping.
Stoltz asked Kipp to review the staff report. Kipp stated they are adding a canopy
on the west side of the building for the drive-thru, and a 494 sq. ft. addition on the
east side of the building. He pointed out they are requesting a front yard setback
of 31 feet for the addition. There is at least 100 feet between the building and the
actual roadway. Staff supports approval of this project.
Stoltz opened the meeting up for public input. There was no input.
Schultz wanted Kipp to address the issue of parking for this area. Kipp stated city
code for banks are 6 spaces per 1,000 gross sq. ft. of building; so 31 spaces are
what they should have. They currently show 26 parking stalls with 8 more drive
thru spaces for a total of 34 spaces.
Pitzrick stated the cultured stone was not allowed on a daycare facility located
down the street and asked if we are allowing it on this building. Kipp stated the
cultured stone is allowed but does not count toward meeting the 75%brick or
natural stone & glass requirement because it is less than 25%.
Lechelt stated she does not see parking as an issue because the hours would not
conflict with the restaurants in the area. She asked the project proponent if there
was another Anchor Bank in the area and why did they choose this spot. She also
asked them where they plan to put up the additional trees.
Mr. Mohagen confirmed there is another Anchor Bank located by Eden Prairie
Center and stated it is in their best interest to build another Anchor Bank in this
location. Mr. Mohagen utilized the overhead projector to illustrate where the
additional trees would be placed.
MOTION by Pitzrick, seconded by Schultz,to close the public hearing. Motion
carried 7-0.
MOTION by Pitzrick, seconded by Kirk, to approve the Planned Unit
Development Concept Amendment on 1.06 acres; Planned Unit Development
District Review with waivers on 1.06 acres; Zoning District Amendment within
the Commercial Regional Service Zoning District on 1.06 acres; Site Plan Review
on 1.06 acres based on plans stamped dated March 2, 2009 and the staff report
dated March 20, 2009. Motion carried 7-0.
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearing April 21, 2009
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 06-5675 ITEM NO.: IX.B.
Jim Richardson Public Hearing for the Approval of the
Public Works/Engineering Lone Oak/Mitchell Signal Light
Reassessment
Requested Action
Move to:
• Close the public hearin; and
• Adopt the resolution approving Lone Oak/Mitchell Signal Light Reassessment.
Synopsis
On May 16, 2006, the City entered into Special Assessment Agreement 06-04 with Lone Oak
Center, LLC, regarding traffic signal improvements to the Lone Oak Road and Mitchell Road
intersection, which have been completed. The assessed property has gone into foreclosure and the
receiver has asked that consideration be given to amending the time of repayment from 5 years to 15
years to make the development financially viable. All other aspects of the assessment—principle
amount and interest rate—will remain the same. Council approval of the reassessment may be
granted upon a finding that the assessment is excessive. Based on current economic conditions, a 5
year repayment period creates an excessive assessment against the property, therefore, staff
recommends a 15 year payment period as per the receivers request.
Attachments
• Letter from Jeffrey B. Larson, Management Resolutions, LLC
• Resolution
• Exhibit A
• Legal Notice
01/30/2009 10:43 6516866113 JBL COMPANIES PAGE 02
4)°9)
(CUIQ
January 26, 2009 a division of
JBL Companies CERTIFIED
&FAX
Eugene A. Dietz
Director of Public Works
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
RE Property ID#s -
16-116-22-11-0013
1.6-116-22-11-0014
16-116-22-11-001.5
Dear Mr. Dietz:
Management Resolutions, LLC is the court appointed receiver for the above
referenced properties(please see attached order) as such we act in the ownership
role.
I would like to request that you revise the development agreement to reflect a
more palatable assessment on the parcels. I would request that you take the
aggregate 2009 principal due along with the pay off(see below) for each parcel
and spread it over 15 years at a 6.5%interest rate.
✓ Lot 1 - $1.0,886.07 +$32,658.22=$43,544.79 (new principal)
✓ Lot 2 $16,329.11. +$48,987.33 =$65,316.44(new principal)
✓ Lot 3 - $16,329.11 +$48,987.33 =$65,316.44 (new principal)
The new total will be$174,177.1.7 amortized over the view 15 year term
commencing in 2009.
We will prepare a release from current lien holders along with providing you an.
updated file opinion.
Please let me know what other information you may need to obtain council
approval for this Amendment to the Development Agreement.
Sincerely,
. .arson
MANAGEMENT RESOLUTIONS LLC
1345 Corporate Center Curve • Eagan MN 55121 • Phone; 651-686-0212 • Fox: 651-686.6113
www.managementresolutions.com
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2009-
WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met
and heard and passed upon all objections in the proposed assessments for the following
improvements to wit:
(See Exhibit A attached)
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie:
1. Such proposed reassessments are hereby accepted and shall constitute the special
assessment against the lands in the final assessment rolls, and each tract of land therein
included is hereby found to be benefited by the improvement in the amount of the
reassessment levied against it.
2. Such assessment shall be payable in equal annual installments extending over a period of
years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit
A. To each subsequent installment when due shall be added interest for one year on all
unpaid installments.
3. The Clerk shall forthwith transmit a certified duplicate of this reassessment to the County
Auditor to be extended on the property tax lists of the County, and such reassessments
shall be collected and paid over in the same manner as other municipal taxes beginning in
2009.
ADOPTED by the Eden Prairie City Council on the 21st day of April, 2009.
Phil Young, Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
EXHIBIT A
Special Assessment Agreement Parcel PID# Years/% Amount
06-04/I.C. 06-5675 Mitchell Road/Lone 16-116-22-11-0013 15 Years/6.5% $43,544.29
Oak Road Improvement
06-04/I.C. 06-5675 Mitchell Road/Lone 16-116-22-11-0014 15 Years/6.5% $65,316.44
Oak Road Improvement
06-04/I.C. 06-5675 Mitchell Road/Lone 16-116-22-11-0015 15 Years/6.5% $65,316.44
Oak Road Improvement
Notice of Hearing on Proposed Reassessment
Eden Prairie, Minnesota.
Notice is hereby given that the City Council will meet at 7:00 p.m. on April 21, 2009 at the
City Center, 8080 Mitchell Road, Eden Prairie, Minnesota to consider, and possibly
adopt, the proposed reassessment for Improvement No. I.C.06-5675, Mitchell/Lone Oak
Intersection Traffic Signal Improvement. Adoption by the Council of the proposed
reassessment may occur at the hearing. The following is the area proposed to be
assessed:
Lots 1, 2 and 3, Block 1 Lone Oak Center, Hennepin County, Minnesota
The proposed reassessment roll is on file for public inspection at the City Clerk's office.
The total amount of the proposed reassessment is $174,177.17. Written or oral objections
will be considered at the meeting. No appeal to district court may be taken as to the
amount of a reassessment unless a written objection signed by the affected property
owner is filed with the Municipal Clerk prior to the reassessment hearing or presented to
the presiding officer at the hearing. The Council may upon such notice consider any
objection to the amount of a proposed individual reassessment at an adjourned meeting
upon such further notice to the affected property owners as it deems advisable.
Under Minn. Stat. §§ 435.193 to 435.195 and city Resolution No. 83-177, the Council
may, in its discretion, defer the payment of this special reassessment for any homestead
property owned by a person 65 years of age or older, one retired by virtue of a permanent
and total disability, or a member of the National Guard or other reserves ordered to active
military service for whom it would be a hardship to make the payments. When deferment
of the special reassessment has been granted and is terminated for any reason provided
in that law and Resolution, all amounts accumulated plus applicable interest become due.
Any assessed property owner meeting the requirements of this law and Resolution No. 83-
177, may, within 30 days of the confirmation of the reassessment, apply for the
prescribed form for such deferral of payment of this special reassessment on his/her
property by contacting:
Jim Richardson, Senior Engineering Technician
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
952-949-8316
An owner may appeal a reassessment to district court pursuant to Minn. Stat. § 429.081
by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the
adoption of the reassessment and filing such notice with the district court within ten days
after service upon the Mayor or Clerk.
Published once in the Eden Prairie News, April 2, 2009
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims April 21, 2009
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.
Sue Kotchevar, Office of the Payment of Claims
City Manager/Finance
Requested Action
Move to: Approve the Payment of Claims as submitted(roll call vote)
Synopsis
Checks 184792— 185861
Wire Transfers 3371 —3399
3381 —3389 US Bank Purchasing Cards
City of Eden Prairie
Council Check Summary
4/21/2009
Division Amount Division Amount
General 168,508 315 Economic Development 5,915
100 City Manager 865 502 Park Development 332
101 Legislative 15,858 503 Utility Improvement 103,798
102 Legal Counsel 38,267 509 CIP Fund 87,307
110 City Clerk 555 512 CIP Trails 2,890
111 Customer Service 19,123 515 Fire Station#4 2,063
112 Human Resources 1,206 519 Community Center Expansion 96,959
113 Communications 9,876 520 Parks Referendum 58,373
114 Benefits&Training 4,971 521 Trails Referendum 15,629
116 Facilities -101 522 Improvement Projects 2006 31,093
117 City Center 76 523 3rd Sheet of Ice 31,131
119 Cmty Center-Facilities 295 Total Capital Project Funds 435,491
130 Assessing 9,528
131 Finance 1,389 601 Prairie Village Liquor 279,612
132 Housing and Community Services 130 602 Den Road Liquor 358,847
133 Planning 4,928 603 Prairie View Liquor 202,088
136 Public Safety Communications 5,323 605 Den Road Building 15,755
137 Economic Development 1,104 701 Water Fund 185,836
138 Community Development Admin. 788 702 Sewer Fund 277,847
150 Park Administration 3,640 703 Storm Drainage Fund 9,472
151 Park Maintenance 24,545 Total Enterprise Funds 1,329,458
152 Parks Capital Outlay 18,560
153 Organized Athletics 7,250 802 494 Commuter Services 35,097
154 Community Center 33,755 803 Escrow Fund 58,146
156 Youth Programs 8,411 806 SAC Agency Fund 30,000
157 Special Events 152 Total Agency Funds 123,243
158 Adult Recreation 4,403
159 Recreation Administration 14,083 807 Benefits Fund 742,756
160 Therapeutic Recreation 319 810 Workers Comp Insurance 113,026
161 Oak Point Pool 3,764 812 Fleet Internal Service 83,922
162 Arts 3,875 813 IT Internal Service 114,460
163 Outdoor Center 3,135 815 Facilites Operating ISF 78,298
168 Arts Center 1,310 816 Facilites City Center ISF 138,650
180 Police 24,482 817 Facilites Comm.Center ISF 127,552
183 Emergency Preparedness 1,582 Total Internal Service Funds 1,398,664
184 Fire 74,280
186 Inspections 1,525 Report Totals 4,456,901
200 Engineering 126
201 Street Maintenance 27,866
202 Street Lighting 69,685
Total General Funds 609,433
301 CDBG 549,208
303 Cemetary Operation 1,718
308 E-911 142
309 DWI Forfeiture 20
312 Recycle Rebate 20
Total Special Revenue Funds 551,108
418 HRA 2002A Lease Revenue Bonds 8,641
421 2003A Park Bonds Refunding 431
423 2003C Open Space Bonds 431
Total Debt Funds 9,504
City of Eden Prairie
Council Check Register
4/21/2009
Check# Amount Vendor/Explanation Account Description Business Unit
3373 300,000 M&I BANK Other Contracted Services Rehab PROP Building
185318 261,903 METROPOLITAN COUNCIL ENVIRONME Licenses&Taxes Sewer Utility-General Wastewater Fee
185690 230,000 CENTURY TITLE Refunds CDBG-Public Service Property Purchase for WHAHLT
185447 218,944 HEALTHPARTNERS COBRA Health and Benefits April Health
3377 159,070 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits Federal Taxes Withheld
3390 149,951 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits Federal Taxes Withheld
185503 141,504 RJM CONSTRUCTION INC Improvements to Land Community Center Expansion Retainage Payment
3397 119,905 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA
184890 113,026 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance Quarterly Workers Compensation
185146 106,980 XCEL ENERGY Electric City Hall-CAM Utilities
3372 85,270 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund
185393 72,104 XCEL ENERGY Electric Arts Center
185071 60,140 LOGIS Network Support IT Operating
185774 59,890 MOCHA DATA Other Assets CIP-Bonds
185475 56,750 MERIDIAN FC LLC Deposits Escrow
184842 50,240 ENVIRONMENTAL PROCESS INC Building Repair&Maint. Capital Impr./Maint.Fund
185249 49,213 CENTERPOINT ENERGY SERVICES IN Gas City Hall-CAM
184923 44,852 OLD NATIONAL BANK LEASING Principal Fire
185111 44,742 QUIRING TRUCKING&EXCAVATING Improvements to Land Parks Referendum
185281 42,246 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Prosecution
185307 39,562 LOGIS Network Support IT Operating
185399 37,571 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM
185300 37,393 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store
184882 37,247 JOHNSON BROTHERS LIQUOR CO Wine Imported Prairie Village Liquor Store
185262 34,673 DIVERSE BUILDING MAINTENANCE Janitor Service Community Center Maintenance
185462 33,173 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store
185062 32,999 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store
185657 31,093 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 2006
3392 29,802 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
3378 29,781 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
185080 27,984 MINNESOTA DEPT OF HEALTH Miscellaneous Water Testing
185331 26,411 NEW WORLD SYSTEMS Other Assets CIP-Bonds
185705 24,566 DIVERSE BUILDING MAINTENANCE Janitor Service Den Bldg.-CAM
3389 24,143 US BANK
185748 22,146 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store
185780 21,483 NELSON DODGE-GMC Autos Police-Fixed Asset
185745 18,729 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store
185038 18,283 GRIGGS COOPER&CO Transportation Prairie View Liquor Store
184930 18,090 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store
185215 17,744 A-SCAPE INC Contract Svcs-Snow Removal City Hall-CAM
185246 16,981 CARGILL SALT Salt Snow&Ice Control
184956 16,792 THORPE DISTRIBUTING Beer Den Road Liquor Store
184939 16,424 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store
185525 16,302 THORPE DISTRIBUTING Beer Prairie View Liquor Store
185285 16,025 HANSEN THORP PELLINEN OLSON Design&Engineering Trails Referendum
185587 15,970 BLACKSTONE CONTRACTORS LLC Improvements to Land Park Acquisition&Dev Fixed A
185128 15,962 THORPE DISTRIBUTING Beer Prairie View Liquor Store
185653 15,923 SIGNATION SIGN GROUP INC Signs Utility Operations-General
Check# Amount Vendor/Explanation Account Description Business Unit
185765 15,840 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund
3375 15,622 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
3393 15,565 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
185107 15,077 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
185729 15,021 GRIGGS COOPER&CO Transportation Prairie View Liquor Store
185286 14,831 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating
185110 14,766 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store
185603 14,440 ENCOMM MIDWEST INC Machinery&Equipment Utility Improvement Fund
184865 14,347 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating
185341 14,080 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store
185451 13,957 HOUSE OF PRINT Printing Recreation Administration
184900 13,860 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund
185310 13,804 MARK VII Beer Den Road Liquor Store
185798 13,780 PROP Refunds CDBG-Public Service
185668 13,741 YALE MECHANICAL INC Contract Svcs-HVAC City Hall-CAM
185283 13,325 GRIGGS COOPER&CO Transportation Prairie View Liquor Store
185761 13,252 MARK VII Beer Prairie View Liquor Store
185458 13,232 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie View Liquor Store
185103 12,996 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store
185296 12,957 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store
185498 12,922 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store
3395 12,880 US BANK TRUST HRA Health and Benefits
3391 12,779 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
3376 12,778 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
185444 12,728 GRIGGS COOPER&CO Wine Domestic Prairie View Liquor Store
184816 12,592 CENTERPOINT ENERGY SERVICES IN Gas City Hall-CAM
185294 12,470 IMPERIAL DEVELOPERS Land Improvements Parks Referendum
185012 12,421 CENTERPOINT ENERGY Gas Water Wells
185350 12,224 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store
185521 12,050 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
184879 11,880 JJ TAYLOR DISTRIBUTING MINNESO Beer Den Road Liquor Store
185292 11,574 HOLLYWOOD VIDEO City Building Rental Den Road Building
185401 11,451 ACTIVE NETWORK INC,THE Software Maintenance IT Operating
185469 11,306 MARK VII Beer Prairie View Liquor Store
184863 11,232 GRIGGS COOPER&CO Transportation Prairie View Liquor Store
185423 11,000 DECISION RESOURCES LTD Other Contracted Services City Council
185074 10,988 MARK VII Beer Prairie Village Liquor Store
185258 10,761 DAY DISTRIBUTING Beer Prairie Village Liquor Store
185372 10,713 THORPE DISTRIBUTING Beer Prairie View Liquor Store
185511 10,680 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Infiltration/Inflow Study
185057 10,207 JJ TAYLOR DISTRIBUTING MINNESO Beer Prairie Village Liquor Store
185066 10,090 KLM ENGINEERING INC Machinery&Equipment Utility Improvement Fund
185489 9,966 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store
184912 9,879 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant
185087 9,671 MTI DISTRIBUTING INC Machinery&Equipment Capital Outlay Parks
185120 9,616 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Utility Operations-General
185794 9,416 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store
185091 9,322 NILSSON,BETH Instructor Service Ice Arena
185800 9,097 QUALITY WINE&SPIRITS CO Wine Domestic Prairie View Liquor Store
185222 9,070 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000-Gen Bl Furniture
185808 9,065 ST CROIX ENVIRONMENTAL INC Design&Engineering Utility Improvement Fund
185017 8,832 DAY DISTRIBUTING Beer Prairie Village Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit
185569 8,656 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission
185200 8,606 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission
185344 8,544 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
184892 8,524 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits
185860 8,460 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits
185582 8,311 AMSAN LLC Cleaning Supplies Community Center Maintenance
185699 8,047 DAY DISTRIBUTING Beer Prairie View Liquor Store
185086 8,024 MOCHA DATA Software Maintenance IT Operating
185422 7,979 DAY DISTRIBUTING Misc Non-Taxable Prairie Village Liquor Store
185813 7,859 THORPE DISTRIBUTING Beer Prairie View Liquor Store
184978 7,627 WINE MERCHANTS INC Transportation Prairie View Liquor Store
185243 7,513 BRAUER& ASSOCIATES LTD Other Assets Capital Impr/Maint Fixed
185651 7,325 SHORT ELLIOTT HENDRICKSON INC Improvement Contracts Inprovement Projects 1996 Fixe
185636 7,152 NEWMECH Contract Svcs-Ice Rink Ice Arena Maintenance
185023 7,026 EAGLE WINE COMPANY Transportation Prairie View Liquor Store
184834 7,000 DORSEY&WHITNEY LLP Bond Issue Costs HRA 2002A LEASE REVENUE BONDS
185162 6,853 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire
184808 6,792 BELLBOY CORPORATION Transportation Prairie View Liquor Store
185237 6,395 BELLBOY CORPORATION Wine Domestic Den Road Liquor Store
184832 6,258 DIVERSE BUILDING MAINTENANCE Cleaning Supplies Park Shelters
185711 6,081 EGAN OIL COMPANY Lubricants&Additives Fleet Operating
184944 6,078 SCHARBER&SONS Machinery&Equipment Capital Outlay Parks
185041 6,076 HAWKINS INC Treatment Chemicals Water Treatment Plant
185543 6,018 WINE MERCHANTS INC Transportation Prairie View Liquor Store
185321 6,000 MIDWEST DESIGN CO Other Contracted Services Communications
185098 5,963 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store
185139 5,775 WALL TRENDS INC Contract Svcs-General Bldg Fire Station#1
185003 5,702 BELLBOY CORPORATION Transportation Prairie View Liquor Store
185036 5,696 GRAYMONT Treatment Chemicals Water Treatment Plant
184828 5,673 DAY DISTRIBUTING Beer Den Road Liquor Store
185280 5,666 GRAYMONT Treatment Chemicals Water Treatment Plant
185614 5,573 HEWLETT-PACKARD COMPANY Computers IT Operating
185149 5,369 ALEX AIR APPARATUS INC Equipment Repair&Maint Fire
184919 5,333 NEWMECH Contract Svcs-Ice Rink Ice Arena Maintenance
185598 4,968 DIVERSE BUILDING MAINTENANCE CH Robinson Janitor Service City Hall-Direct Costs
185362 4,633 SRF CONSULTING GROUP INC Improvements to Land Park Acquisition&Dev Fixed A
184897 4,515 MARK VII Beer Prairie Village Liquor Store
185187 4,387 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Infiltration/Inflow Study
184926 4,351 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store
184815 4,312 CENTERPOINT ENERGY Gas Prairie Village Liquor Store
185551 4,289 BACHMAN PRINTING General 494 Corridor Commission
185844 4,206 ESS BROTHERS&SONS INC Repair&Maint.Supplies Infiltration/Inflow Study
185485 4,137 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store
185342 4,075 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Public Works/Parks
185317 4,017 METRO SALES INCORPORATED* Office Supplies Community Center Admin
185145 3,977 WORLD CLASS WINES INC Transportation Prairie View Liquor Store
185265 3,973 EAGLE WINE COMPANY Transportation Prairie View Liquor Store
185144 3,868 WINE MERCHANTS INC Transportation Prairie View Liquor Store
185143 3,812 WINE COMPANY,THE Transportation Prairie View Liquor Store
184997 3,784 BAKER ASSOCIATES INC Work In Progress Prairie Village Liquor Store
184818 3,683 CENTURYTEL Telephone General
185579 3,603 WELLS FARGO BANK General 494 Corridor Commission
Check# Amount Vendor/Explanation Account Description Business Unit
184800 3,556 ABM JANITORIALSERVICES-NORTH C Janitor Service Utility Operations-General
185628 3,460 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits
185408 3,360 BELLBOY CORPORATION Transportation Prairie Village Liquor Store
185360 3,358 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk
185217 3,239 ABM JANITORIALSERVICES-NORTH C Janitor Service Utility Operations-General
184876 3,235 ND SCHOOL DIST 272 Other Contracted Services Oak Point Operations
185789 3,226 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store
185045 3,211 HENNEPIN COUNTY TREASURER Board of Prisoner Police
185689 3,181 CENTERPOINT ENERGY Gas Arts Center
185151 3,054 AMWA Dues&Subscriptions Utility Operations-General
185084 3,054 MITY-LITE INC Operating Supplies Skating Rinks/Warming Houses
185836 3,008 WINE MERCHANTS INC Transportation Prairie View Liquor Store
185641 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General
185454 2,985 IND SCHOOL DIST 272 Building Rental Winter Theatre
185389 2,950 WINE MERCHANTS INC Transportation Den Road Liquor Store
185338 2,914 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store
185081 2,892 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Water Accounting
184904 2,890 MIDWEST ASPHALT CORPORATION Improvement Contracts CIP Trails
185137 2,856 VINOCOPIA Transportation Prairie View Liquor Store
185440 2,846 GRAYMONT Treatment Chemicals Water Treatment Plant
184887 2,811 LANO EQUIPMENT INC Machinery&Equipment Capital Outlay Parks
185727 2,802 GRAYMONT Treatment Chemicals Water Treatment Plant
185516 2,782 SPRINT Wireless Subscription IT Operating
184861 2,756 GRAYMONT Treatment Chemicals Water Treatment Plant
184837 2,748 EAGLE WINE COMPANY Transportation Prairie View Liquor Store
184853 2,708 GARDEN ROOM FRATELLI'S GARDEN Operating Supplies Special Events&Trips
185358 2,700 SOUTHDALE YMCA-CHILD CARE Refunds CDBG-Public Service
184823 2,691 CORPORATE EXPRESS Office Supplies General
184991 2,681 ADVANCED ENGINEERING&ENVIRON Design&Engineering Utility Improvement Fund
185354 2,625 ROBERT C VOGEL Other Contracted Services Planning
185370 2,600 SUBURBAN RATE AUTHORITY Dues&Subscriptions City Council
184871 2,560 HENNEPIN COUNTY Refunds CDBG-Public Service
185712 2,556 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating
185499 2,442 QWEST Telephone Prairie Village Liquor Store
185425 2,414 EAGLE WINE COMPANY Transportation Prairie Village Liquor Store
185035 2,394 GRAPE BEGINNINGS Transportation Den Road Liquor Store
185073 2,386 MACQUEEN EQUIPMENT INC Auto Repair&Maint. Sewer System Maintenance
184803 2,358 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture
185034 2,342 GRAINGER Lubricants&Additives Water Treatment Plant
185135 2,285 USA MOBILITY WIRELESS INC Pager&Cell Phone Wireless Communication
185583 2,278 ASPEN WASTE SYSTEMS INC. Waste Disposal City Hall-CAM
185835 2,273 WINE COMPANY,THE Transportation Prairie Village Liquor Store
185051 2,253 HUMMINGBIRD AVIATION LLC Other Contracted Services Deer Consultant
185605 2,238 FIRENET SYSTEMS INC Maintenance Contracts Utility Operations-General
185617 2,210 HLB TAUTGES REDPATH LTD Paying Agent Community Center Expansion
185590 2,195 BRAUN INTERTEC CORPORATION Other Contracted Services Capital Impr./Maint.Fund
185083 2,190 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake
185026 2,168 EMMONS&OLIVIER RESOURCES INC Other Contracted Services Storm Drainage
185013 2,157 CLAREYS INC Other Contracted Services Fleet Operating
185022 2,149 DYNAMIC IMAGING SYSTEMS INC Software Maintenance IT Operating
185715 2,142 EXPLORER POST 925 Miscellaneous Reserves
185618 2,114 HOISINGTON KOEGLER GROUP INC Other Contracted Services Economic Development Fund
Check# Amount Vendor/Explanation Account Description Business Unit
185394 2,092 YALE MECHANICAL INC Contract Svcs-HVAC City Hall-CAM
185108 2,074 PRIOR WINE COMPANY Transportation Prairie View Liquor Store
185736 2,049 HENNEPIN COUNTY TREASURER Board of Prisoner Police
185706 2,043 EAGLE WINE COMPANY Transportation Prairie View Liquor Store
184813 2,027 CATCO PARTS SERVICE Equipment Parts Fleet Operating
185710 2,000 EDEN PRAIRIE,CITY OF Dues&Subscriptions Fire
185231 1,980 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage
185050 1,973 HOHENSTEINS INC Beer Prairie View Liquor Store
185601 1,933 EDEN PRAIRIE APPLIANCE Supplies-General Bldg Public Works/Parks
185388 1,925 WINE COMPANY,THE Transportation Prairie View Liquor Store
185850 1,917 HENNEPIN COUNTY TREASURER Other Contracted Services Utility Improvement Fund
185095 1,908 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Park Maintenance
185302 1,860 KORTERRA,INC OCS-Leak Detection Utility Operations-General
185434 1,840 FIRE SAFETY USA INC Small Tools Fire
184928 1,839 PEPSI COLA COMPANY Merchandise for Resale Concessions
185089 1,811 NEW WORLD SYSTEMS Other Assets CIP-Bonds
185568 1,800 MESSERLI&KRAMER General 494 Corridor Commission
185170 1,799 JEFFERSON FIRE&SAFETY INC Operating Supplies Fire
185665 1,746 VESSCO INC Equipment Parts Water Treatment Plant
185586 1,687 BEARING INDUSTRIAL&SUPPLIES Equipment Parts Water Treatment Plant
185295 1,678 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund
185039 1,673 HAMILTON,BRENDA AR Utility Water Enterprise Fund
185562 1,641 IDEAL PRINTERS INC General 494 Corridor Commission
184941 1,620 QWEST Telephone IT Telephone
3398 1,596 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits
184989 1,590 AA EQUIPMENT COMPANY Work In Progress Prairie Village Liquor Store
185694 1,579 CORPORATE EXPRESS Office Supplies Police
185709 1,575 EDEN PRAIRIE WINLECTRIC Equipment Repair&Maint Traffic Signals
185824 1,548 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM
184905 1,537 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store
185429 1,514 EMMONS&OLIVIER RESOURCES INC Other Contracted Services Storm Drainage
184922 1,513 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating
185093 1,509 NORTHERN TOOL Equipment Parts Fleet Operating
185842 1,498 US POSTMASTER-HOPKINS Postage Water Accounting
185762 1,494 MARSHALL&SWIFT Dues&Subscriptions Assessing
185289 1,452 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police
184949 1,451 SIGNATION SIGN GROUP INC Signs Den Road Building
185204 1,440 BUCK,NATHAN Other Contracted Services Basketball
184875 1,431 HOHENSTEINS INC Beer Prairie View Liquor Store
184981 1,420 YALE MECHANICAL INC Building Repair&Maint. Fire Station#1
185523 1,416 SYMBOLARTS Operating Supplies Police
184994 1,411 ANCHOR PRINTING COMPANY Printing Senior Center Administration
184973 1,400 WELLS FARGO BANK MINNESOTA NA Paying Agent HRA 2002A LEASE REVENUE BONDS
185090 1,398 NEWMECH Equipment Repair&Maint Utility Operations-General
185094 1,371 OLSEN COMPANIES Equipment Parts Fleet Operating
185532 1,368 VESSCO INC Equipment Parts Water Treatment Plant
185611 1,362 GRAINGER Supplies-General Bldg Community Center Maintenance
185270 1,350 EMPLOYERS ASSOCIATION INC Other Contracted Services Organizational Services
185257 1,344 DAVANNI'S PIZZA Merchandise for Resale Concessions
185420 1,342 CRUISERS Equipment Parts Fleet Operating
185814 1,340 TOTAL REGISTER Other Contracted Services Prairie Village Liquor Store
185701 1,330 DECORATIVE DESIGNS INC Contract Svcs-Int.Landscape City Hall-CAM
Check# Amount Vendor/Explanation Account Description Business Unit
185777 1,323 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
185077 1,315 METRO SALES INCORPORATED* Office Supplies General
185366 1,300 STAR TRIBUNE Employment Advertising Organizational Services
185014 1,300 CORPORATE EXPRESS Office Supplies General
185604 1,284 ENVIRONMENTAL PROCESS INC Improvements to Land Capital Impr./Maint.Fund
185320 1,258 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store
184990 1,251 ABM EQUIPMENT AND SUPPLY COMPA Equipment Repair&Maint Fleet Operating
185720 1,246 FLEXIBLE PIPE TOOL COMPANY Small Tools Sewer System Maintenance
185182 1,244 PEPSI COLA COMPANY Merchandise for Resale Concessions
184807 1,224 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating
185058 1,211 JM OIL CO Lubricants&Additives Water Treatment Plant
185683 1,201 BELLBOY CORPORATION Transportation Prairie View Liquor Store
185717 1,200 FANFARE PROMOTIONS INC Clothing&Uniforms Inspections-Administration
185541 1,193 WINE COMPANY,THE Transportation Prairie View Liquor Store
185382 1,186 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM
184849 1,170 FORD,GARY Other Contracted Services Park Maintenance
185671 1,169 AERO DRAPERY AND BLIND Contract Svcs-Gen.Bldg City Center Operations
185322 1,152 MINNESOTA ATHLETIC APPAREL Clothing&Uniforms Fire
185661 1,124 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs-Elevator Fire Station#1
185544 1,120 WORLD CLASS WINES INC Transportation Prairie Village Liquor Store
184977 1,115 WINE COMPANY,THE Transportation Den Road Liquor Store
185049 1,110 HIGHWAY TECHNOLOGIES INC Equipment Parts Storm Drainage
185449 1,103 HOHENSTEINS INC Beer Prairie Village Liquor Store
185291 1,100 HILDI INC Audit&Financial Finance
185159 1,085 DECORATIVE DESIGNS INC Grounds Maintenance Utility Operations-General
185678 1,080 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage
185767 1,070 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store
185385 1,042 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance
185719 1,037 FERRELLGAS Motor Fuels Fleet Operating
184850 1,032 FRANK J ZAMBONI&CO INC Repair&Maint-Ice Rink Ice Arena Maintenance
185522 1,017 SURLY BREWING CO Beer Prairie View Liquor Store
185642 1,016 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM
185854 1,007 VTI Equipment Repair&Maint Wireless Communication
185572 1,001 PENN CYCLE General 494 Corridor Commission
185702 1,000 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery
185520 996 STREICHERS Equipment Parts Fleet Operating
185031 981 GE CAPITAL Other Rentals General
184859 978 GRAPE BEGINNINGS Transportation Prairie View Liquor Store
185251 968 CLUTS 0 BRIEN STROTHER ARCHITE Design&Engineering Arts Center
185346 965 PRIOR WINE COMPANY Transportation Den Road Liquor Store
184841 965 EMPLOYERS ASSOCIATION INC Dues&Subscriptions Human Resources
185473 944 MCNEILUS STEEL INC Equipment Parts Fleet Operating
184952 942 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating
185207 920 DOHERTY,SANDRA L Other Contracted Services Volleyball
3394 918 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
185148 917 ZIEGLER INC Equipment Parts Fleet Operating
185402 914 AIR POWER EQUIPMENT CORPORATIO Contract Svcs-General Bldg Public Works/Parks
185383 910 VINOCOPIA Transportation Prairie Village Liquor Store
184934 909 PRIOR WINE COMPANY Transportation Den Road Liquor Store
185256 909 CORPORATE EXPRESS Office Supplies General
185352 906 R&R SPECIALTIES OF WISCONSIN Repair&Maint-Ice Rink Ice Arena Maintenance
185332 906 NEWMECH Contract Svcs-Ice Rink Ice Arena Maintenance
Check# Amount Vendor/Explanation Account Description Business Unit
184982 905 YOUNG,PHIL Travel Expense City Council
185171 905 JM OIL CO Lubricants&Additives Water Treatment Plant
3380 888 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
185387 881 WIGLEY AND ASSOCIATES Software IT Operating
184916 879 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store
185166 870 GRANGER Capital Under$10,000 Water Treatment Plant
185055 866 ITRON INC. Maintenance Contracts Water Metering
185266 864 ECOLAB INC Contract Svcs-Pest Control Historical Buildings
185131 863 U S BANK Paying Agent 2003C Open Space Refunding Bon
185410 858 BIFFS INC Waste Disposal Park Maintenance
185596 856 DECORATIVE DESIGNS INC Contract Svcs-hit.Landscape City Hall-CAM
185776 851 MRCI Building Materials Street Maintenance
185138 837 VISTAR CORPORATION Merchandise for Resale Concessions
185619 836 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Park Shelters
185278 835 GRAINGER Supplies-HVAC City Hall-CAM
184797 835 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
184858 830 GRANICUS INC Software Maintenance IT Operating
185725 830 GRANICUS INC Software Maintenance IT Operating
185288 830 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Wireless Communication
184802 828 AL'S COFFEE Merchandise for Resale Concessions
185311 819 MARK'S BP Equipment Repair&Maint Police
185609 813 GENUINE PARTS COMPANY Equipment Parts Fleet Operating
185404 811 ANCHOR PAPER COMPANY Office Supplies General
185763 798 MEDICINE LAKE TOURS Special Event Fees Trips
184921 788 NFPA Dues&Subscriptions Fire
185240 776 BOUNDLESS NETWORK Operating Supplies Community Center Admin
185439 773 GRAPE BEGINNINGS Transportation Prairie View Liquor Store
185406 769 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
185239 767 BOUND TREE MEDICAL LLC Safety Supplies Fire
185025 767 EMBEDDED SYSTEMS INC Equipment Repair&Maint Emergency Preparedness
185126 761 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
185230 756 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station#1
185644 751 PROPAC INC Safety Supplies Emergency Preparedness
184843 732 EPA AUDIO VISUAL INC Supplies-General Building City Center Operations
185373 726 THYSSENKRUPP ELEVATOR CORPORAT Maintenance Contracts Utility Operations-General
185384 707 VISTAR CORPORATION Merchandise for Resale Concessions
185260 700 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery
185646 698 RIDGEVIEW MEDICAL CENTER Health&Fitness Fire
185436 690 GE CAPITAL Other Rentals General
185345 688 PRECISION FINISHING Other Contracted Services Community Center
184844 682 ERGOMETRICS Employment Support Test Organizational Services
185535 680 VISTAR CORPORATION Merchandise for Resale Concessions
184901 679 METROPOLITAN FORD Equipment Parts Fleet Operating
184888 675 LAW BULLETIN PUBLISHING CO Other Contracted Services Economic Development
185253 670 COMMERCIAL STEAM TEAM Other Contracted Services Den Road Liquor Store
185174 669 METRO FIRE Repair&Maint.Supplies Fire
185556 667 FEDEX KINKO'S OFFICE AND PRINT General 494 Corridor Commission
184979 655 WORLD CLASS WINES INC Transportation Prairie View Liquor Store
185554 653 EXPRESS PERSONNEL SERVICES General 494 Corridor Commission
184986 648 1ST LINE/LEEWES VENTURES LLC Merchandise for Resale Concessions
184873 647 HIGHWAY TECHNOLOGIES INC Signs Traffic Signs
185390 647 WORLD CLASS WINES INC Transportation Den Road Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit
184971 646 VISTAR CORPORATION Merchandise for Resale Concessions
184833 644 DNR Awards Volleyball
185713 637 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant
185534 637 VINOCOPIA Transportation Prairie Village Liquor Store
185229 631 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating
185505 626 SCHONSTEDT INSTRUMENT COMPANY Equipment Testing/Cert. Water System Maintenance
185622 625 JAMES J HILL Tuition Reimbursement/School Fire
185681 623 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance
185846 622 FOWLER ELECTRIC CO INC Repair&Maint-Ice Rink Ice Arena Maintenance
3371 617 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
185220 616 ADVANCED ENGINEERING&ENVIRON Machinery&Equipment Utility Improvement Fund
185829 616 VISTAR CORPORATION Merchandise for Resale Concessions
185801 616 QWEST Telephone IT Telephone
185116 614 SEELYE Equipment Repair&Maint Water Treatment Plant
185486 614 PEPSI COLA COMPANY Merchandise for Resale Concessions
185127 608 SURLY BREWING CO Beer Prairie Village Liquor Store
185698 608 DAVANNI'S PIZZA Merchandise for Resale Concessions
185088 606 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store
184884 603 KEEPERS Clothing&Uniforms Fire
184836 602 DUO-SAFETY LADDER CORP Small Tools Fire
184894 600 MAACO Equipment Repair&Maint Fleet Operating
185599 600 DONALD SALVERDA&ASSOCIATES Conference Expense Community Development Admin.
185405 595 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance
184835 593 DUCKSTAD,JON Dues&Subscriptions City Council
185670 585 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
185059 581 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant
185563 575 INDEPENDENT SCHOOL DISTRICT NO General 494 Corridor Commission
185838 575 WREDE,JULIANE Other Contracted Services Volleyball
185675 572 AMSAN LLC Contract Svcs-General Bldg Community Center Maintenance
185802 566 REBS MARKETING Other Contracted Services Environmental Education
185500 564 RECREATION SUPPLY CO Repair&Maint.Supplies Pool Maintenance
185221 564 AL'S COFFEE Merchandise for Resale Concessions
185150 561 ALUMINUM LADDER COMPANY Small Tools Fire
184918 560 NEW WORLD SYSTEMS Other Assets CIP-Bonds
185482 560 NEW WORLD SYSTEMS Other Assets CIP-Bonds
185044 559 HENNEPIN COUNTY UT DEPT Software Maintenance IT Operating
185664 559 VALLEY TREE SERVICE Other Contracted Services Tree Removal
185545 557 XCEL ENERGY Electric Emergency Preparedness
185593 556 CLEAR EDGE Equipment Parts Water Treatment Plant
185330 554 NEW FRANCE WINE COMPANY Transportation Prairie View Liquor Store
185578 552 WELLS FARGO BANK General 494 Corridor Commission
185724 552 GRAINGER Supplies-HVAC Community Center Maintenance
185640 546 PAPER DIRECT INC Office Supplies City Manager
185438 545 GRAINGER Supplies-HVAC Community Center Maintenance
185655 543 SOUTHWEST SUBURBAN PUBLISHING- Advertising Community Center Admin
185371 543 THE OASIS GROUP Employee Assistance Organizational Services
185589 541 BOUNDLESS NETWORK Clothing&Uniforms General Community Center
185277 540 GOVDELIVERY Software Maintenance IT Operating
185001 539 BAYER PHOTOGRAPHY Other Contracted Services Communications
185075 534 MENARDS Cleaning Supplies Utility Operations-General
185190 531 TWIN CITY FILTER SERVICE INC Equipment Repair&Maint Water Treatment Plant
184839 517 EDEN PRAIRIE ROTARY CLUB Operating Supplies Fire
Check# Amount Vendor/Explanation Account Description Business Unit
184915 517 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
185491 513 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Den Road Building
185255 510 CONCRETE CUTTING&CORING INC Patching Asphalt Street Maintenance
184999 506 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage
184985 504 PETTY CASH-POLICE DEPT Operating Supplies Police
185849 504 HARPSTER OF PHILIPSBURG INC Small Tools Fire
185104 501 POMP'S TIRE SERVICE INC Tires Fleet Operating
185666 500 WHEELER HARDWARE COMPANY Contract Svcs-General Bldg Community Center Maintenance
184980 499 XCEL ENERGY Electric Prairie View Park
185452 495 HOUSTON,CHRISTOPHER W Instructor Service Ice Arena
185621 488 J H LARSON COMPANY Supplies-Electrical Community Center Maintenance
185428 484 ELECTRIC PUMP Equipment Parts Sewer Liftstation
185147 482 YALE MECHANICAL INC Building Repair&Maint. Sewer System Maintenance
185841 482 ZIEGLER INC Equipment Parts Storm Drainage
185241 472 BOURGET IMPORTS Transportation Den Road Liquor Store
184931 466 PICKLE,BRAD Operating Supplies Girls on the Run
185659 466 STATE SUPPLY COMPANY Supplies-Plumbing Ice Arena Maintenance
185633 460 MIKAN,NIKKI AR Utility Water Enterprise Fund
184987 460 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
185623 460 JANEX INC Cleaning Supplies Community Center Maintenance
185476 458 MIDWEST SIGN&SCREEN PRINTING Signs Traffic Signs
185607 458 FORKLIFTS OF MINNESOTA INC Equipment Testing/Cert. Utility Operations-General
185734 450 HARLEY CONSULTING&COACHING Other Contracted Services Organizational Services
185336 448 OSI BATTERIES INC Operating Supplies Police
185756 446 LANO EQUIPMENT INC Equipment Parts Fleet Operating
185645 442 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
185273 439 GE CAPITAL Other Rentals General
185600 432 ECOLAB INC Contract Svcs-Pest Control Historical Buildings
185721 432 GE CAPITAL Other Rentals General
185400 432 ABRAKADOODLE Instructor Service Arts&Drama Programs
185627 429 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#1
185457 428 J H LARSON COMPANY Supplies-Electrical City Hall-CAM
185347 424 PROP United Way Withheld General Fund
185015 422 COSTCO Employee Award Organizational Services
185124 421 STORK,ALEX Other Contracted Services Environmental Education
185259 420 DECORATIVE DESIGNS INC Contract Svcs-Int.Landscape City Hall-CAM
185202 414 BARNES,BELINDA A. Other Contracted Services Volleyball
185594 412 COMMERCIAL STEAM TEAM Other Contracted Services Prairie View Liquor Store
185693 408 CLAREYS INC Equipment Testing/Cert. Utility Operations-General
184806 406 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating
185760 400 M.AMUNDSON LLP Operating Supplies Prairie View Liquor Store
185312 400 MARTIN-MCALLISTER Other Contracted Services Police
185795 399 POMP'S TIRE SERVICE INC Equipment Repair&Maint Fleet Operating
185796 396 PRIOR WINE COMPANY Wine Imported Prairie Village Liquor Store
185474 392 MENARDS Operating Supplies Police
185068 392 KUSTOM SIGNALS INC Equipment Repair&Maint Police
185781 390 NEW FRANCE WINE COMPANY Transportation Prairie Village Liquor Store
185032 389 GENERAL GROWTH PROPERTIES LP-E Building Rental Housing and Community Service
185226 388 ANCHOR PRINTING COMPANY Operating Supplies Prairie Village Liquor Store
185414 386 BOUND TREE MEDICAL LLC Safety Supplies Fire
185413 384 BLOOMINGTON,CITY OF Other Contracted Services Animal Control
185788 382 PARABEN CORPORATION Miscellaneous IT Operating
Check# Amount Vendor/Explanation Account Description Business Unit
185367 380 STATE SUPPLY COMPANY Supplies-Plumbing City Hall-CAM
185624 375 KIDCREATE STUDIO Other Contracted Services Environmental Education
185275 367 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store
185245 366 CANNON RIVER WINERY Wine Domestic Den Road Liquor Store
184893 365 M.AMUNDSON LLP Operating Supplies Prairie View Liquor Store
185861 364 RICHARDSON,JIM Other Contracted Services Communications
185123 360 STERLING WELDING COMPANY INC Equipment Repair&Maint Water System Maintenance
185134 360 US POSTMASTER-HOPKINS Postage General
185004 360 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General
185010 359 CALIFORNIA CONTRACTORS SUPPLIE Cleaning Supplies Utility Operations-General
185773 358 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance
185839 357 XCEL ENERGY Electric Miller Park
184878 357 JANEX INC Repair&Maint.Supplies Pool Maintenance
185502 357 RIDGEVIEW MEDICAL CENTER Employment Support Test Organizational Services
185365 356 STANLEY SECURITY SOLUTIONS INC Supplies-Security Senior Center
185441 356 GREATAMERICA LEASING CORP. Postage General
185573 354 SIGN PRO General 494 Corridor Commission
185782 354 NEW WORLD SYSTEMS Other Assets CIP-Bonds
185840 354 ZEP MANUFACTURING CO Equipment Parts Fleet Operating
184908 352 MINNESOTA VALLEY ELECTRIC COOP Electric Prairie Bluff Conservation
185211 351 RAY,LEE Other Contracted Services Basketball
185837 351 WORLD CLASS WINES INC Transportation Den Road Liquor Store
185375 350 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie View Liquor Store
184917 349 NEW HORIZONS MINNESOTA Conference Expense IT Operating
185303 349 KRISS PREMIUM PRODUCTS INC Supplies-HVAC City Hall-CAM
185626 349 KRISS PREMIUM PRODUCTS INC Contract Svcs-HVAC City Hall-CAM
185357 347 SNAP-ON TOOLS Small Tools Fleet Operating
185209 345 HOLMES,TOM Other Contracted Services Volleyball
185826 344 VERIZON WIRELESS Pager&Cell Phone Park Maintenance
185506 340 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow
185203 336 BUCK,JEFFERY Other Contracted Services Basketball
185218 336 ABRAKADOODLE Instructor Service Arts&Drama Programs
185054 335 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Wells
185692 335 CHRISTIANSEN,MIKE Other Contracted Services Basketball
185558 334 FEDEX KINKO'S OFFICE AND PRINT General 494 Corridor Commission
185783 333 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant
185677 332 ASPEN WASTE SYSTEMS INC. Waste Disposal Park Acquisition&Development
185481 331 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
185519 327 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating
185027 325 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant
185652 325 SIEMENS BUILDING TECHNOLOGIES Contract Svcs-Fire/Life/Safe Community Center Maintenance
185637 325 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration
185105 325 PRAIRIE ELECTRIC COMPANY Repair&Maint.Supplies Fire Station#2
185726 322 GRAPE BEGINNINGS Transportation Den Road Liquor Store
185210 322 JERDE,BRENDA Other Contracted Services Volleyball
185213 321 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
184867 319 HAYDEN-MURPHY EQUIPMENT COMPAN Equipment Parts Fleet Operating
185819 319 UNIQUE PAVING MATERIALS Patching Asphalt Street Maintenance
185540 318 WILSON,JOHN D. Training Supplies Police
185199 315 FEDEX KINKO'S OFFICE AND PRINT General 494 Corridor Commission
185006 314 BOUND TREE MEDICAL LLC Safety Supplies Fire
185531 313 UNIQUE PAVING MATERIALS Patching Asphalt Street Maintenance
Check# Amount Vendor/Explanation Account Description Business Unit
185843 313 CLAREYS INC Safety Supplies Park Maintenance
185533 312 VINO SOURCE,THE Transportation Den Road Liquor Store
185492 312 PRAIRIEVIEW RETAIL LLC Other Contracted Services Prairie View Liquor Store
185538 310 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Operating
185772 310 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals
185784 309 NORTHERN SAFETY TECHNOLOGY INC Equipment Repair&Maint Fleet Operating
185078 308 METROPOLITAN FORD Equipment Parts Fleet Operating
185000 308 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
185140 308 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating
185355 306 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance
185067 306 KRUEGER,JIM Facility Rentals 2nd Sheet of Ice
185634 302 MINNESOTA ATHLETIC APPAREL Operating Supplies Fire
184946 300 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow
185009 300 BURNETTE,AMBER L Instructor Service Outdoor Center
185648 300 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow
185685 300 BOLD,PAULINE Instructor Service Outdoor Center
185412 299 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security City Center Operations
185426 296 EARL F ANDERSEN INC Signs Traffic Signs
185477 292 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Water Accounting
185235 291 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance
185553 290 EDINA CHAMBER OF COMMERCE General 494 Corridor Commission
185271 289 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
185018 288 DECORATIVE DESIGNS INC Grounds Maintenance Utility Operations-General
184911 288 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance
185268 283 ELEMENTS INC Equipment Parts Snow&Ice Control
185397 278 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
184984 277 LINDAHL,DAVID Other Contracted Services Economic Development
184936 274 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
185264 270 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant
184992 269 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store
185818 266 TWIN CITY TACTICAL Clothing&Uniforms Police
184877 266 J H LARSON COMPANY Supplies-Electrical Public Works/Parks
185030 265 FRAGALE,ANNETTE Other Contracted Services Senior Center Administration
185379 264 UNITED WAY United Way Withheld General Fund
184959 264 UNIQUE PAVING MATERIALS Patching Asphalt Street Maintenance
185467 263 LAB SAFETY SUPPLY INC Lab Supplies Water Treatment Plant
184898 261 MATTS AUTO SERVICE INC Other Contracted Services Police
185396 260 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
185168 260 HIRSHFIELD'S Repair&Maint.Supplies Water Treatment Plant
184829 260 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General
185700 260 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General
184860 259 GRAYBAR Equipment Repair&Maint Traffic Signals
185368 259 STREICHERS Clothing&Uniforms Police
185415 254 BOYER TRUCKS Equipment Parts Fleet Operating
185738 253 HOLMES,TOM Other Contracted Services Softball
185042 252 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water System Maintenance
185064 252 KAPAUN,RYAN Tuition Reimbursement/School Police
185113 252 ROHDE,ANDREW Tuition Reimbursement/School Police
185247 252 CAT&FIDDLE BEVERAGE Wine Imported Den Road Liquor Store
185029 251 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance
185453 250 HYDROLOGIC WATER MANAGEMENT Repair&Maint.Supplies Park Maintenance
185002 250 BCA BTS Tuition Reimbursement/School Police
Check# Amount Vendor/Explanation Account Description Business Unit
185456 250 INTERNATIONAL CODE COUNCIL Tuition Reimbursement/School Fire
185742 249 INFRATECH Repair&Maint.Supplies Water System Maintenance
185427 249 ECM PUBLISHERS INC Advertising Den Road Liquor Store
185079 248 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store
185591 245 CDW GOVERNMENT INC. Other Hardware Community Center Admin
185450 245 HORIZON CPO SEMINARS Conference Expense General Community Center
185313 242 MASTER CRAFT LABELS INC Operating Supplies Prairie View Liquor Store
185333 241 NORTHLAND SECURITIES INC Bond Issue Costs HRA 2002A LEASE REVENUE BONDS
185324 241 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General
185490 240 PORTA,KITTY Mileage&Parking City Clerk
184953 240 STERLING WELDING COMPANY INC Equipment Repair&Maint Water System Maintenance
185206 240 DENNISTON,CYRENA Other Contracted Services Basketball
185216 240 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
185479 240 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund
185348 237 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
185529 236 TROPICANA CHILLED DSD Merchandise for Resale Concessions
185581 236 AIR POWER EQUIPMENT CORPORATIO Supplies-General Bldg Fire Station#1
185805 235 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store
185493 235 PRIOR WINE COMPANY Transportation Prairie View Liquor Store
185643 234 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance
184857 234 GRAINGER Operating Supplies Traffic Signals
185219 231 ACCURINT-ACCOUNT#1348824 Other Contracted Services Police
184957 230 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie View Liquor Store
185507 230 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow
185526 228 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs-Elevator Community Center Maintenance
185820 226 UNLIMITED SUPPLIES INC Operating Supplies Park Maintenance
185555 225 FEDEX KINKO'S OFFICE AND PRINT General 494 Corridor Commission
184821 225 CLAREYS INC Safety Supplies Fleet Operating
184932 224 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Den Bldg.-CAM
185269 224 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire
185574 221 SOLUTION BUILDERS General 494 Corridor Commission
184943 220 RUGGIERO,RON Accounts Receivable Community Center Admin
185768 219 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police
184993 218 AMERITRAK Other Contracted Services Street Maintenance
185674 218 AMERITRAK Other Contracted Services Street Maintenance
184874 216 HOBART Contract Svcs-Garden Romm Garden Room Repairs
185437 216 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store
185755 215 LAKE COUNTRY DOOR LLC Repair&Maint.Supplies Fire
185785 214 OLSEN COMPANIES Repair&Maint.Supplies Park Maintenance
185663 214 VALLEY NAT'L GASES-LOC 93 Repair&Maint.Supplies Sewer System Maintenance
185232 213 BATTERIES PLUS Operating Supplies Park Maintenance
185828 210 VINOCOPIA Transportation Den Road Liquor Store
185495 210 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
185254 209 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund
185276 209 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations-General
185656 208 SPS COMPANIES Repair&Maint.Supplies Park Maintenance
184820 207 CHOICE INC Other Contracted Services Prairie Village Liquor Store
185048 207 HENRY,PAUL Other Contracted Services Volleyball
185306 206 LOES OIL COMPANY Waste Disposal Fleet Operating
185381 203 VALLEY NAT'L GASES-LOC 93 Equipment Parts Fleet Operating
185421 201 D&D INSTRUMENTS Equipment Repair&Maint Fleet Operating
185697 201 D&D INSTRUMENTS Equipment Repair&Maint Fleet Operating
Check# Amount Vendor/Explanation Account Description Business Unit
184811 200 BOLD,PAULINE Instructor Service Outdoor Center
185115 200 SCHREYER,JORDAN Operating Supplies Pool Lessons
185508 200 SERGOTT,JASON Refunds Water Accounting
185435 196 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance
185847 196 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance
184925 195 PARADIGM SYSTEM SOLUTIONS,INC Other Hardware IT Operating
184805 190 ANCHOR PRINTING COMPANY Printing Prairie Village Liquor Store
185304 189 KUSTOM SIGNALS INC Equipment Repair&Maint Police
185830 189 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating
185228 189 ARMOR SECURITY INC. Other Contracted Services Outdoor Center
185024 188 EARL F ANDERSEN INC Supplies-General Bldg Senior Center
185377 187 TROPICANA CHILLED DSD Merchandise for Resale Concessions
185754 186 KUSTOM SIGNALS INC Equipment Repair&Maint Police
184976 185 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Operating
185363 184 ST CROIX RECREATION CO INC Repair&Maint.Supplies Park Maintenance
185669 184 ZAHN,GERALD Other Contracted Services Volleyball
185179 182 PAGING&WIRELESS SERVICE CENT Equipment Repair&Maint Wireless Communication
185667 182 WITT,BETH Mileage&Parking Aquatics&Fitness Admin
3399 181 ADMINISTRATION RESOURCES CORP Other Contracted Services Health and Benefits
185638 181 NUCO2 INC Gas Ice Arena Maintenance
185085 180 MN HTCIA Tuition Reimbursement/School Police
185504 180 ROUSE,SUSAN Operating Supplies Ice Show
185290 179 HERSEY-METERS Repair&Maint.Supplies Water Metering
185403 177 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
185364 174 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Operating
185478 173 MN DEPT OF TRANSPORTATION Equipment Repair&Maint Traffic Signals
185244 172 BRO-TEX INC Repair&Maint.Supplies Sewer System Maintenance
185658 172 STANLEY ACCESS TECH LLC Contract Svcs-Security Prairie Village Liquor Store
185515 172 SOUTHWEST OUTDOOR POWER Equipment Repair&Maint Park Maintenance
185248 171 CATCO PARTS SERVICE Equipment Parts Fleet Operating
184972 171 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating
185471 170 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating
185198 168 FEDEX KINKO'S OFFICE AND PRINT General 494 Corridor Commission
185072 168 M&I SUPPLY CO Operating Supplies Park Maintenance
184845 168 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store
185597 166 DIRECTV Cable TV Community Center Admin
185509 166 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store
185238 166 BLOOMINGTON,CITY OF Other Contracted Services Animal Control
184998 165 BARNES,RICK Facility Rentals 3rd Sheet of Ice
185566 164 MADISON,MELISSA General 494 Corridor Commission
185112 164 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating
185853 163 NEWMECH Contract Svcs-Ice Rink Ice Arena Maintenance
185580 161 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM
185750 161 KING,KIMBERLY AR Utility Water Enterprise Fund
185189 160 STREICHERS Clothing&Uniforms Police
185588 159 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security City Hall-CAM
185815 158 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie View Liquor Store
185411 158 BLACK&DECKER,USPTG Signs Traffic Signs
185175 158 MOTOROLA Equipment Repair&Maint Wireless Communication
185279 154 GRAPE BEGINNINGS Transportation Den Road Liquor Store
185722 154 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store
185097 154 PAT KERNS WINE MERCHANTS Transportation Prairie View Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit
185735 153 HELLER,TIM AR Utility Water Enterprise Fund
185673 153 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store
185161 151 ECOLAB INC Contract Svcs-Pest Control Senior Center
184910 150 MN HTCIA Tuition Reimbursement/School Police
185129 150 TUNTLAND,BROCK Tuition Reimbursement/School Fire
185424 150 DUDA PLUMBING SERVICE INC Other Contracted Services Water System Maintenance
185649 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating
185431 149 FASTENAL COMPANY Signs Traffic Signs
185019 147 DELL Other Hardware IT Operating
185654 145 SONNY'S BUILDING MAINTENANCE Contract Svcs-Roof City Hall-CAM
184945 144 SCHIPULL,JEFF Other Contracted Services Basketball
185831 141 WAYTEK INC Operating Supplies Park Maintenance
185613 138 HENRY,PAUL Other Contracted Services Volleyball
185769 137 MINNESOTA CONWAY Equipment Repair&Maint Fire
184958 136 TROPICANA CHILLED DSD Merchandise for Resale Concessions
184954 135 STREICHERS Clothing&Uniforms Police
185430 134 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
185822 134 UPS FREIGHT Capital Under$10,000 Prairie Village Liquor Store
185550 131 A YELICH&ASSOCIATES INC General 494 Corridor Commission
185335 130 NUSS TRUCK GROUP INC Equipment Parts Fleet Operating
185047 130 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan
185356 128 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store
184935 127 PROTECTION ONE Other Contracted Services Cummins Grill
185804 126 SANTOS,ANTONIO Deposits Escrow
184891 125 LEROY JOB TRUCKING INC Other Contracted Services Police
185744 124 JENSEN,PATRICIA Memberships Community Center Admin
185827 124 VILLANVEVA,TANISHA Accounts Receivable Community Center Admin
185378 122 UNIFORMS UNLIMITED Clothing&Uniforms Police
185101 121 PERKINS,ERIC Building Permits General Fund
185565 120 JUSTIN W B EVIDON General 494 Corridor Commission
185741 120 IACP/LEIM Dues&Subscriptions Police
185527 120 TOM'S WINDOW CLEANING Window Cleaning Den Bldg.-Direct
185369 120 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
185173 120 MENARDS Repair&Maint.Supplies Water Treatment Plant
185855 119 WAGNER,TOM AR Utility Water Enterprise Fund
184907 118 MINNESOTA SAFETY COUNCIL Dues&Subscriptions General
184948 117 SIGHTLINE DISPLAYS,LLC Other Contracted Services Park Maintenance
185284 117 GROTH MUSIC Operating Supplies Community Band
184814 116 CAWLEY COMPANY,THE Clothing&Uniforms Pool Operations
185577 115 VERIZON WIRELESS General 494 Corridor Commission
185386 115 WERTS,SANDY Mileage&Parking Arts
185224 114 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store
184996 114 AVI SYSTEMS INC Equipment Repair&Maint Communications
185155 114 BOMA MINNEAPOLIS Conference Expense General Facilities
184868 113 HD SUPPLY WATERWORKS LTD Capital Under$10,000 Water Metering
185810 112 STREICHERS Clothing&Uniforms Reserves
185817 111 TWIN CITIES MACK&VOLVO TRUCK Equipment Parts Fleet Operating
185117 111 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store
185616 110 HISTORY THEATRE Special Event Fees Trips
185803 110 REITER,JULIE Accounts Receivable Community Center Admin
185308 109 LUKE,TRACY Tuition Reimbursement/School Police
185328 109 MORROW,JAMES Tuition Reimbursement/School Police
Check# Amount Vendor/Explanation Account Description Business Unit
185811 108 SUBURBAN TIRE WHOLESALE INC Tires Fleet Operating
185567 106 MEREDITH KATE General 494 Corridor Commission
185250 105 CLAREYS INC Safety Supplies Fleet Operating
185100 103 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store
185056 102 JANEX INC Supplies-General Bldg City Hall-CAM
185832 102 WHITE,DOUG Other Contracted Services Arts Initiative
184799 100 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
184812 100 BUSCH,KATHARINE Refunds Environmental Education
184822 100 CLEARY,DAVID Refunds Environmental Education
184827 100 DANCIAK,SCOTT Refunds Environmental Education
184847 100 FELTL,MARY JO Refunds Environmental Education
184856 100 GOETZ,LISA Refunds Environmental Education
184864 100 HART,PHYLLIS Refunds Environmental Education
184866 100 HARVEY,JEFFREY Refunds Environmental Education
184869 100 HEBRINK,NANCY Refunds Environmental Education
184870 100 HENGEL,LISA Refunds Environmental Education
184883 100 KARG,JOSEPH Refunds Environmental Education
184889 100 LAWRENCE,CHARLES D Refunds Environmental Education
184950 100 SKAAR,DANIEL Refunds Environmental Education
184961 100 VERGERONT,TAMMY Refunds Environmental Education
185033 100 GRABOWSKI,PATTY Refunds Environmental Education
185096 100 OPHEIM,DONALD Refunds Environmental Education
185099 100 PEARSON,KIMBERLY Refunds Environmental Education
185130 100 TUOMINEN,MATTHEW Refunds Environmental Education
185142 100 WHIPKEY,MIKE Refunds Environmental Education
185156 100 BUSCH,ROBERT Refunds Environmental Education
185176 100 MSANI Tuition Reimbursement/School Police
185227 100 ANDERSON,ROBERT Refunds Environmental Education
185316 100 MERRIMAN,FRANCIS Refunds Environmental Education
185353 100 REEB,CHRISTY Refunds Environmental Education
185432 100 FERNANDEZ,STELLA Refunds Environmental Education
185446 100 HAMMERSCHMIDT,RICK Refunds Environmental Education
185472 100 MCCOY,CATHY Refunds Environmental Education
185480 100 MNUSKINA,IRINA Refunds Environmental Education
185510 100 SHEAR,CAROLINE Refunds Environmental Education
185514 100 SNOOK,JIM Refunds Environmental Education
185647 100 SCHUMACHER,MATT OR APRIL Refunds Environmental Education
185660 100 STEARNS COUNTY SHERIFF'S DEPAR Deposits Escrow
185691 100 CHANHASSEN DINNER THEATRE Special Event Fees Trips
185732 100 HANSON,DIANE Refunds Environmental Education
185743 100 JARAMILLO,NATACHA Refunds Environmental Education
185751 100 KORKOWSKI,JO Refunds Environmental Education
185758 100 LISCOMBE,JAN Refunds Environmental Education
185775 100 MOORE,DEBORAH Refunds Environmental Education
185778 100 MULDER,WENDY Refunds Environmental Education
185791 100 PHILLIP,HEATHER Refunds Environmental Education
185806 100 SODERBERG,GARY Refunds Environmental Education
184826 100 D'AMICO AND SONS Operating Supplies Fire
185552 99 COORDINATED BUSINESS SYSTEMS L General 494 Corridor Commission
185323 99 MINNESOTA CONWAY Equipment Repair&Maint Fire
185445 99 HACH COMPANY Laboratory Chemicals Water Treatment Plant
3374 96 WISCONSIN DEPARTMENT OF REVENU State Taxes Withheld Health and Benefits
Check# Amount Vendor/Explanation Account Description Business Unit
3396 96 WISCONSIN DEPARTMENT OF REVENU State Taxes Withheld Health and Benefits
185584 96 BATTERIES PLUS Supplies-Fire/Life/Safety City Hall-CAM
185334 96 NORTHWEST RESPIRATORY SERVICE EMS Supplies Fire
185416 96 BROWN TRAFFIC PRODUCTS INC Equipment Repair&Maint Traffic Signals
185433 95 FERRELLGAS Repair&Maint.Supplies Water System Maintenance
185512 95 SINELL,STEVE Mileage&Parking Assessing
185606 94 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance
185468 94 M.AMUNDSON LLP Misc Taxable Den Road Liquor Store
185125 93 STREICHERS Equipment Parts Fleet Operating
185069 93 LANO EQUIPMENT INC Equipment Parts Fleet Operating
185153 93 BATTERIES PLUS Operating Supplies Fire
185205 92 CRIPE,JACQUELYN V Other Contracted Services Volleyball
185816 92 TRUERIDE INC Other Contracted Services Volleyball
185417 91 CLAEYS,JESSICA R Tuition Reimbursement/School Police
185272 91 FASTENAL COMPANY Supplies-General Bldg Den Road Building
185834 90 WILSON,JOHN D. Training Supplies Police
185418 90 COMCAST Cable TV City Center Operations
185679 89 BATTCHER AND AERO ELECTRICAL C Repair&Maint.Supplies Water Storage
184927 88 PC MALL Other Hardware IT Operating
185361 88 SPRINT Telephone Engineering
185309 86 M&I SUPPLY CO Operating Supplies Park Maintenance
185703 86 DIRECTV Cable TV Community Center Admin
185739 86 HYDE ENGINEERING GROUP INC Operating Supplies Police
185191 85 WATSON,BLAKE Accounts Receivable Community Center Admin
185132 83 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating
185016 82 DALBEC,CORY Mileage&Parking Utility Operations-General
184831 82 DIRECTV Cable TV Community Center Admin
184824 81 CUB FOODS EDEN PRAIRIE Miscellaneous Police
185326 80 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund
185650 80 SHAYSHAW CORPORATION Kennel Licenses General Fund
185133 80 UPS Equipment Repair&Maint Water Metering
185561 77 FEDEX KINKO'S OFFICE AND PRINT General 494 Corridor Commission
184975 77 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration
185608 77 GARDEN ROOM FRATELLI'S GARDEN Other Contracted Services Economic Development
184825 76 CULLIGAN BOTTLED WATER Operating Supplies Fire
185537 76 WEBER,DOUGLAS Accounts Receivable Community Center Admin
184852 76 G&K SERVICES Clothing&Uniforms Street Maintenance
185484 76 PARK NICOLLET CLINIC Employment Support Test Organizational Services
185118 76 SHRED-IT Waste Disposal City Center Operations
184838 75 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Council
185053 75 INTERNATIONAL ASSOCIATION OF A Dues&Subscriptions Fire
185076 75 METRO CISM TEAM Tuition Reimbursement/School Fire
185267 75 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Council
185455 75 INTERNATIONAL ASSOCIATION OF A Conference Expense Fire
185631 75 MEMA Dues&Subscriptions Fire
185513 73 SNAP-ON TOOLS Small Tools Fleet Operating
185517 73 STAAF,CARTER Clothing&Uniforms Police
185524 73 TAYLOR,SCOTT Travel Expense Fire
185833 73 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration
184872 72 HERRIG,JEFF Other Contracted Services Basketball
185695 71 COSTCO Operating Supplies Fire
184960 71 UPS Equipment Repair&Maint Wireless Communication
Check# Amount Vendor/Explanation Account Description Business Unit
185680 70 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating
184801 69 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Prairie View Liquor Store
185528 68 TOWNES,CHRISTOPHER Accounts Receivable Community Center Admin
185682 68 BECKER,DAVE Clothing&Uniforms Police
185470 68 MASS BAR-MATE CORP Transportation Den Road Liquor Store
185028 67 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
185197 67 COMCAST General 494 Corridor Commission
184974 66 WHITE,KEVIN Mileage&Parking Police
185046 65 HENNEPIN COUNTY TREASURER Equipment Repair&Maint Traffic Signals
185686 64 BOYER TRUCKS Equipment Parts Fleet Operating
184851 64 FSH COMMUNICATIONS LLC Telephone Round Lake
185419 63 CORPORATE EXPRESS Office Supplies Police
185714 62 EXECUTIVE OCEAN Awards City Council
184903 62 MIDAS Equipment Repair&Maint Fleet Operating
185005 62 BLOOMINGTON,CITY OF Other Contracted Services Park Maintenance
184955 62 THIELMAN,MARC Mileage&Parking General Facilities
184804 61 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
185233 61 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
185632 60 MENARDS Grounds Maintenance Utility Operations-General
184885 60 KENNEDY,JOAN Other Contracted Services Classes/Programs/Events
184914 60 MOTOR DADDY Equipment Repair&Maint Fleet Operating
185539 60 WILS Conference Expense Parks Administration
185629 60 MAGC Dues&Subscriptions Communications
185749 60 JOHNSON,CORINE Accounts Receivable Community Center Admin
184983 59 FBI-NAA,NORTHWEST CHAPTER Tuition Reimbursement/School Police
185301 59 KEEPERS Clothing&Uniforms Police
184940 59 QUICKSILVER EXPRESS COURIER Operating Supplies Planning
184947 58 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store
185122 58 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating
185757 58 LIBERTY TIRE RECYCLING-MN Waste Disposal Fleet Operating
185602 58 EDEN PRAIRIE WINLECTRIC Small Tools Traffic Signals
185764 57 MENARDS Operating Supplies Police
185092 57 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating
185043 57 HED,CAROL Accounts Receivable Community Center Admin
185329 57 MT GLOBAL LLC Transportation Prairie View Liquor Store
185287 56 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Park Maintenance
185121 55 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Operating
185463 55 KARST,JOAN E Mileage&Parking General Community Center
185620 55 IPMA MINNESOTA Dues&Subscriptions Human Resources
184909 54 MINNESOTA WANNER COMPANY Operating Supplies Street Maintenance
185314 54 MEDTOX Employment Support Test Organizational Services
184830 54 DECORATIVE DESIGNS INC Contract Svcs-Int.Landscape City Center Operations
184924 54 OSI BATTERIES INC Equipment Parts Fleet Operating
184895 54 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
185351 54 QWEST Telephone Sewer Liftstation
185851 54 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance
185114 54 RUSSELL,KATIE Tuition Reimbursement/School Fire
185770 53 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General
185723 52 GINA MARIAS INC Operating Supplies Reserves
184899 52 MENARDS Building Materials Park Maintenance
185274 52 GENUINE PARTS COMPANY Repair&Maint-Ice Rink Ice Arena Maintenance
184848 51 FERRELLGAS Motor Fuels Fleet Operating
Check# Amount Vendor/Explanation Account Description Business Unit
184810 50 BLOOMINGTON,CITY OF Tuition Reimbursement/School Police
184855 50 GLISCZINSKI,CHERYL Refunds Environmental Education
184913 50 MORGAN,JILL Refunds Environmental Education
185065 50 KIDCREATE STUDIO Instructor Service Arts&Drama Programs
185177 50 MULDER,WENDY Refunds Environmental Education
185201 50 AUSTIN,MEGAN Other Contracted Services Basketball
185376 50 TRI-COUNTY ASSOCIATION Dues&Subscriptions Police
185570 50 MINNEAPOLIS REGIONAL CHAMBER 0 General 494 Corridor Commission
185585 50 BEARD,MICHELLE Refunds Environmental Education
185687 50 BROOKS,ROBERT OR JUDITH Refunds Environmental Education
185327 50 MORAN USA,LLC Transportation Den Road Liquor Store
185483 49 PAPER DIRECT INC Operating Supplies Wine Club
184840 48 ELIASON,STEVE J Other Contracted Services Basketball
185208 48 HERRIG,JEFF Other Contracted Services Basketball
185020 48 DMX MUSIC Other Contracted Services Prairie Village Liquor Store
185263 48 DMX MUSIC Other Contracted Services Prairie Village Liquor Store
185612 48 HD SUPPLY WATERWORKS LTD Small Tools Water System Maintenance
185305 48 LAB SAFETY SUPPLY INC Equipment Parts Water Treatment Plant
185530 47 UNIFORMS UNLIMITED Clothing&Uniforms Police
185809 46 STATE SUPPLY COMPANY Supplies-General Bldg City Hall-CAM
185852 46 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance
185625 46 KRAEMERS HARDWARE INC Repair&Maint-Ice Rink Ice Arena Maintenance
185536 45 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating
185716 45 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store
184886 45 KRAEMERS HARDWARE INC Supplies-General Bldg General Community Center
185136 45 VICTORIA REPAIR&MFG Repair&Maint.Supplies Park Maintenance
184951 44 SPS COMPANIES Repair&Maint.Supplies Park Maintenance
184968 43 VERIZON WIRELESS Pager&Cell Phone IT Operating
184969 43 VERIZON WIRELESS Pager&Cell Phone Police
185771 40 MINNESOTA STATEWIDE 9-1-1 PROG Other Contracted Services Police
185008 40 BRAGG,ANNALISA Instructor Service Outdoor Center
185157 40 CAHILL,DOROTHY Deposits Community Center Admin
185188 40 SHUMWAY,JEREMY&KELLIE Deposits Community Center Admin
185242 40 BRAGG,ANNALISA Instructor Service Outdoor Center
185576 40 ST. PAUL TMO General 494 Corridor Commission
185615 40 HICKMAN,JON Instructor Service Outdoor Center
184906 40 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police
185464 40 KEEPERS Clothing&Uniforms Fire
185337 37 PARK NICOLLET OPTICAL Protective Clothing Fire
185225 37 AMSAN LLC Janitor Service City Hall-CAM
185559 37 FEDEX KINKO'S OFFICE AND PRINT General 494 Corridor Commission
185234 37 BAYER PHOTOGRAPHY Other Contracted Services Communications
185766 36 METROPOLITAN FORD Equipment Parts Fleet Operating
185790 36 PETSMART Canine Supplies Police
185557 35 FEDEX KINKO'S OFFICE AND PRINT General 494 Corridor Commission
185141 34 WESTSIDE EQUIPMENT Operating Supplies Fleet Operating
185181 34 PEARSON,LINDSAY Accounts Receivable Community Center Admin
184988 34 A TO Z RENTAL CENTER Operating Supplies Park Maintenance
185740 34 I-STATE TRUCK CENTER Equipment Parts Fleet Operating
185571 33 NELSON,ROBIN General 494 Corridor Commission
185293 32 IDEARC MEDIA CORP (VERIZON DI Advertising Prairie Village Liquor Store
184966 32 VERIZON WIRELESS Pager&Cell Phone Water System Maintenance
Check# Amount Vendor/Explanation Account Description Business Unit
184962 32 VERIZON WIRELESS Pager&Cell Phone Sewer Utility-General
184963 32 VERIZON WIRELESS Pager&Cell Phone Water Distribution
184964 32 VERIZON WIRELESS Pager&Cell Phone Water Distribution
184967 32 VERIZON WIRELESS Pager&Cell Phone Police
184970 32 VERIZON WIRELESS Pager&Cell Phone Park Maintenance
184965 31 VERIZON WIRELESS Pager&Cell Phone Storm Drainage
185787 31 PAPER DIRECT INC Office Supplies Police
184846 30 FASTENAL COMPANY Equipment Parts Fleet Operating
185848 30 GERTENS Conference Expense Park Maintenance
185812 29 TEAM LABORATORY CHEMICAL CORPO Operating Supplies Planning
185374 28 TOLL GAS AND WELDING SUPPLY Gas Water Treatment Plant
185797 28 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating
185595 27 CUB FOODS EDEN PRAIRIE Operating Supplies Fire
185007 27 BOYER TRUCKS Equipment Parts Fleet Operating
185466 27 KROLAK,RHONDA Accounts Receivable Community Center Admin
185560 27 FEDEX KINKO'S OFFICE AND PRINT General 494 Corridor Commission
185359 27 SOUTHWEST OUTDOOR POWER Operating Supplies Park Maintenance
185718 26 FASTENAL COMPANY Equipment Parts Fleet Operating
184809 26 BERRY COFFEE COMPANY Operating Supplies Elections
184819 26 CHAFFEE,MARY Accounts Receivable Community Center Admin
185380 26 UPS Equipment Repair&Maint Water System Maintenance
185730 26 HAIDER,GARY Sales Tax Payable General Fund
185707 26 ECK,JILL Operating Supplies Human Resources
185052 25 ND SCHOOL DIST 272 Operating Supplies Camps
185575 25 SOUTHWEST TRANSIT General 494 Corridor Commission
185592 25 CHEN,HAN-SHENG Memberships Community Center Admin
185635 25 MINNESOTA RECREATION&PARK FO Dues&Subscriptions Recreation Administration
185708 25 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Economic Development
185106 23 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating
185688 23 CDW GOVERNMENT INC. Other Hardware Community Center Admin
185807 22 SOUTHWEST OUTDOOR POWER Equipment Repair&Maint Park Maintenance
185214 22 A TO Z RENTAL CENTER Operating Supplies Park Maintenance
185319 21 METROPOLITAN FORD Equipment Parts Fleet Operating
184995 20 ASSOCIATION OF RECYCLING MANAG Dues&Subscriptions Recycle Rebate
185070 20 LEAGUE OF MINNESOTA CITIES Office Supplies General
185154 20 BISCHOFF,CARLOTTA Deposits Community Center Admin
185158 20 CARTWRIGHT,HELENE Deposits Community Center Admin
185160 20 DYE,JANICE Deposits Community Center Admin
185163 20 FRAGALE,SHIRLEY Deposits Community Center Admin
185169 20 HOBELHEINRICH,.ROBERT Deposits Community Center Admin
185172 20 KRUEGER,KIM Deposits Community Center Admin
185178 20 NAIG,LEAH Deposits Community Center Admin
185180 20 PATTON,CHARLES Deposits Community Center Admin
185183 20 PETERSON,GERALDINE Deposits Community Center Admin
185184 20 RADDE,JACQUELINE Deposits Community Center Admin
185185 20 SCHERER,KATHLEEN Deposits Community Center Admin
185186 20 SCHISSEL,MEG Deposits Community Center Admin
185501 20 RICHFIELD,CITY OF Autos Police-Fixed Asset
185518 20 STATE OF MINNESOTA Miscellaneous DWI Forfeiture
185639 20 OSTERGAARD,ERIC Accounts Receivable Community Center Admin
185672 20 ALLAR,RANDY Deposits Community Center Admin
185676 20 APA NORTHSTAR CHAPTER Dues&Subscriptions Finance
Check# Amount Vendor/Explanation Account Description Business Unit
185731 20 HANISCH,ANDREA Deposits Community Center Admin
185737 20 HOEBELHEINRICH,ROBERT Deposits Community Center Admin
185752 20 KOTULA,JEFFREY Deposits Community Center Admin
185779 20 NATAL,STACY Deposits Community Center Admin
185786 20 PAGE,AARON Deposits Community Center Admin
185823 20 VAN BROCKLIN,SALLEY Deposits Community Center Admin
185825 20 VASQUEZ,ANDREA Deposits Community Center Admin
185564 20 INTERNET EXPOSURE INC General 494 Corridor Commission
184920 20 NEWPAPER LLC Operating Supplies Arts
185119 19 SNAP-ON TOOLS Small Tools Fleet Operating
184902 18 MICHELSON REALTY Cash Over/Short General Fund
185465 17 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance
185167 16 HARRIS CORPORATION Equipment Repair&Maint Wireless Communication
185021 16 DOVER,RUTH Accounts Receivable Community Center Admin
185040 16 HANSON,JUNE Accounts Receivable Community Center Admin
185063 16 KADLEC,EVELYN Accounts Receivable Community Center Admin
185315 15 MENARDS Operating Supplies Street Maintenance
185630 15 MASS Dues&Subscriptions Senior Center Administration
184942 15 R&R SPECIALTIES OF WISCONSIN Supplies-General Bldg Pool Maintenance
185684 14 BOLD,PAULINE Operating Supplies Outdoor Center
185252 13 COMCAST Operating Supplies Fire
184854 12 GENUINE PARTS COMPANY Supplies-General Bldg Community Center Maintenance
185192 12 WHARTON,ABBIE Accounts Receivable Community Center Admin
185223 12 AMERICAN RED CROSS Licenses,Permits,Fees Pool Lessons
185409 12 BERG,MARILYN Accounts Receivable Community Center Admin
185494 12 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
185212 11 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating
184933 11 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating
185152 11 BALAJI,ABIRAMI Accounts Receivable Community Center Admin
185082 11 MINNESOTA TROPHIES&GIFTS Operating Supplies Police
185696 11 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves
185448 10 HENNEPIN COUNTY GIS USER GROUP Software Maintenance IT Operating
185610 10 GOSH,MARTHA Accounts Receivable Community Center Admin
185845 9 FASTENAL COMPANY Equipment Parts Fleet Operating
185165 7 GENUINE PARTS COMPANY Repair&Maint.Supplies Fire
185753 5 KOWALSKI,KENNETH AR Utility Water Enterprise Fund
184896 5 MALANEY,MARK AR Utility Water Enterprise Fund
185164 5 GENTRY,JUDITH Accounts Receivable Community Center Admin
185733 5 HANSON,JUNE Accounts Receivable Community Center Admin
185662 5 UPS Postage Water System Maintenance
185343 4 PRAIRIE LAWN AND GARDEN Repair&Maint.Supplies Fire
185325 3 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods
185821 2 UPS Postage Utility Operations-General
4,456,901 Grand Total
City of Eden Prairie
Purchasing Card Payment
2/20/2009
Amount Explanation Vendor Account Description Business Unit
20 US-Seminar-Hoogenakker 123 SIGNUP.COM Conference Expense Finance
50 US-Membership Fee 123 SIGNUP.COM Dues&Subscriptions Finance
695 US-Planning Conf-Franzen AMERICAN PLANNING ASSOCIATION Conference Expense Planning
695 US-Planning Conf-Durham AMERICAN PLANNING ASSOCIATION Conference Expense Planning
695 US-Planning Conf-S.Kipp AMERICAN PLANNING ASSOCIATION Conference Expense Planning
150 US-Planning Conference AMERICAN PLANNING ASSOCIATION Conference Expense Community Development Admin.
491 US-SeniorValentine Brunch ANNIE'S CAFE Operating Supplies Classes/Programs/Events
100 US-ATOM Train-M.Schmidt ATOM Tuition Reimbursement/School Police
100 US-ATOM Train-Henderson ATOM Tuition Reimbursement/School Police
100 US-ATOM Train-J.Schnickel ATOM Tuition Reimbursement/School Police
219 US-Council Workshop Food BAKERS'RIBS Miscellaneous City Council
25 US-Gift Cert.LEEP speaker BARNES&NOBLE Training Supplies Organizational Services
30 US-Fuel-Rental Car-Train. BILL'S GHOST&SPIRITS Tuition Reimbursement/School Police
11 US-Saturday Night Out BRUNSWICK BOWLING LANES Operating Supplies Teen Programs
97 US-Sat.Night Out Program BRUNSWICK BOWLING LANES Special Event Fees Teen Programs
374 US-Food for Café CLOVER SUPER FOODS Merchandise for Resale Concessions
65 US-Food for Café CLOVER SUPER FOODS Merchandise for Resale Concessions
251 US-To be Refunded in April CLOVER SUPER FOODS Merchandise for Resale Concessions
331 US-Food for Café CLOVER SUPER FOODS Merchandise for Resale Concessions
14 US-ACA Conference Book COACHES CHOICE Operating Supplies Youth Programs Administration
23 US-ACA Conference Book COACHES CHOICE Operating Supplies Youth Programs Administration
27 US-ACA Conference Meal CORONADO FOODS Conference Expense Parks Administration
26 US-ACA Conference Meal CORONADO FOODS Conference Expense Parks Administration
18 US-ACA Confertence Meal CORONADO FOODS Conference Expense Parks Administration
37 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions
47 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions
60 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions
39 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions
43 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions
73 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions
54 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions
54 US-Food for Café CRUMB GOURMET DELI Miscellaneous Concessions
8 US-M.Keating Retirement CUB FOODS EDEN PRAIRIE Employee Award Organizational Services
30 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions
20 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions
15 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions
176 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions
108 US-Food for Cafe CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions
60 US-Food for Cafe CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions
22 US-Food for Cafe CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions
47 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions
133 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions
23 US-SeniorValentine Brunch CUB FOODS EDEN PRAIRIE Operating Supplies Classes/Programs/Events
200 US-GOTR Gift Cards CUB FOODS EDEN PRAIRIE Operating Supplies Girls on the Run
115 US-CommissionOpenHouse D BRIAN'S DELI&CATERING Miscellaneous City Council
172 US-CitizensAcadamy-Reimb. DAVANNI'S PIZZA Miscellaneous Police
25 US-PoliceOfficers Interviews DAVANNI'S PIZZA Training Supplies Organizational Services
861 US-Jan'09 Bldg Surcharge DEPT OF LABOR&INDUSTRY Building Surcharge General Fund
210 US-Jan'09 Bldg Surcharge DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund
-25 US-Jan'09 Bldg Surcharge DEPT OF LABOR&INDUSTRY Other Revenue General Fund
81 US-Jan'09 Bldg Surcharge DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund
15 US-ACA ConfBag Check DIRECT SUN Travel Expense Parks Administration
15 US-ACA ConfBag Check DIRECT SUN Travel Expense Parks Administration
14 US-SeniorValentine Brunch DOLLAR TREE STORES,INC. Operating Supplies Classes/Programs/Events
39 US-Senior Lunch&Learn ERBERT&GERBERT'S Operating Supplies Classes/Programs/Events
199 US-Training for Holly Busse EXERCISE ETC INC Tuition Reimbursement/School Fitness Classes
12 US-Welding Metal FASTENAL COMPANY Repair&Maint.Supplies Sewer System Maintenance
15 US-Shop Supplies FASTENAL COMPANY Small Tools Sewer System Maintenance
300 US-Train-C.Wood/Z.Hessel GLOCK PROFESSIONAL INC Tuition Reimbursement/School Police
77 US-Saw Blade GRAINGER Equipment Parts Sewer System Maintenance
60 US-WaterUsageSeminar(2) HEDBERG AGGREGATES Conference Expense Park Maintenance
181 US-Hotel-WaterSchoolTrain HOLIDAY INN Travel Expense Utility Operations-General
4 US-Food for Café HOLIDAY STATION STORES INC Merchandise for Resale Concessions
17 US-Shop Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer System Maintenance
60 US-Small Tools HOME DEPOT CREDIT SERVICES Small Tools Sewer System Maintenance
288 US-IABC Accreditation Fee IABC Miscellaneous Communications
288 US-Accreditation Fee IABC Miscellaneous Communications
190 US-IAFC Membership Dues IAFCI Dues&Subscriptions Fire
561 US-Drager Tubes INSTRUMENT DEPOT.COM Repair&Maint.Supplies Community Center Maintenance
24 US-Food for Café JERRY'S FOODS Merchandise for Resale Concessions
209 US-Supplies for Oak Point KIEFER SPORTS GROUP Operating Supplies Oak Point Operations
18 US-Soulfire Meeting KOWALSKI'S MARKET Operating Supplies Youth Programs Administration
32 US-LEEP Session KOWALSKI'S MARKET Training Supplies Organizational Services
32 US-LEEP Training KOWALSKI'S MARKET Training Supplies Organizational Services
Amount Explanation Vendor Account Description Business Unit
319 US-Training-Forensic Class LA QUINTA INNS&SUITES Tuition Reimbursement/School Police
130 US-Red Hat Outing LITTLE SIX CASINO Operating Supplies Red Hat
199 US-CreditCard Secur.Train. LORMAN EDUCATION SERVICES Conference Expense Finance
63 US-Sat.Night Out Program LYRIC ARTS MAIN STREET Special Event Fees Teen Programs
374 US-Hotel-Train.-M.Krueger MARRIOTT HOTELS Tuition Reimbursement/School Police
52 US-VideoSuppliesTrain.Rm MENARDS Equipment Repair&Maint Police
11 US-Steel-New Trailer Maint. MENARDS Equipment Repair&Maint Park Maintenance
24 US-Shop Oil MENARDS Lubricants&Additives Sewer System Maintenance
18 US-Light Bulbs MENARDS Office Supplies Utility Operations-General
46 US-Shop Supplies MENARDS Operating Supplies Park Maintenance
36 US-Picnic Table Supplies MENARDS Operating Supplies Park Maintenance
16 US-Picnic Table Supplies MENARDS Operating Supplies Park Maintenance
42 US-Irrigation Supplies MENARDS Operating Supplies Park Maintenance
13 US-Irrigation Storage MENARDS Operating Supplies Park Maintenance
-29 US-Irrigation Storage MENARDS Operating Supplies Park Maintenance
21 US-Sr Ctr Bench Supplies MENARDS Operating Supplies Park Maintenance
203 US-Utility Tub&Misc.Suppl. MENARDS Repair&Maint.Supplies Sewer System Maintenance
14 US-Shop Supplies MENARDS Repair&Maint.Supplies Sewer System Maintenance
20 US-Irrigation Couplers MENARDS Repair&Maint.Supplies Park Maintenance
7 US-DrinkingFountainsSupp. MENARDS Repair&Maint.Supplies Park Maintenance
116 US-Shop supplies MENARDS Repair&Maint.Supplies Sewer System Maintenance
42 US-Shop Supplies MENARDS Repair&Maint.Supplies Sewer System Maintenance
34 US-Storage Bins MENARDS Repair&Maint.Supplies Sewer System Maintenance
27 US-Small Tools MENARDS Small Tools Sewer System Maintenance
22 US-Thumb Drives-Evidence MICRO CENTER Miscellaneous IT Operating
480 US-32 Fire Recertifications MINNESOTA FIRE SERVICE CERTIFI Dues&Subscriptions Fire
75 US-MRWA Conference MINNESOTA RURAL WATER ASSOCIAT Conference Expense Water System Maintenance
240 US-2008 Statutes Book Set MINNESOTA'S BOOKSTORE Dues&Subscriptions Assessing
56 US-ACA Conf Airport Park. MPLS-ST PAUL INT'L AIRPORT Travel Expense Parks Administration
1,670 US-Café Freezer&Supplies NEXT DAY GOURMET Capital Under$2,000 Concessions
31 US-Auger Tip-Equip.Repair NIEBUR TRACTOR&EQUIPMENT Equipment Repair&Maint Park Maintenance
42 US-Roller#180 Parts NORTHERN TOOL&EQUIPMENT Equipment Parts Fleet Operating
227 US-Tool Box-Dump Trailer NORTHERN TOOL&EQUIPMENT Equipment Repair&Maint Park Maintenance
80 US-Propane Torch Kit NORTHERN TOOL&EQUIPMENT Operating Supplies Park Maintenance
362 US-Airfare-Train.J.Claeys NORTHWEST AIRLINES Tuition Reimbursement/School Police
20 US-Airfare Service Fee NORTHWEST AIRLINES Tuition Reimbursement/School Police
439 US-Airfare-Train.R.Kapaun NORTHWEST AIRLINES Tuition Reimbursement/School Police
439 US-Airfare-Train.A.Rhode NORTHWEST AIRLINES Tuition Reimbursement/School Police
20 US-Airfare Service Fee NORTHWEST AIRLINES Tuition Reimbursement/School Police
20 US-Airfare Service Fee NORTHWEST AIRLINES Tuition Reimbursement/School Police
36 US-Cash Receipts Tape OFFICE DEPOT CREDIT PLAN Operating Supplies Oak Point Operations
29 US-Operating Supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Girls on the Run
7 US-CitizensAcadamy-Reimb. OFFICEMAX CREDIT PLAN Miscellaneous Police
123 US-Office Supplies OFFICEMAX CREDIT PLAN Operating Supplies Community Center Admin
239 US-CitizensAcadamy-Reimb. PANERA BREAD Miscellaneous Police
35 US-Ad for One Act Plays PAYPAL INC Advertising Arts Initiative
40 US-UtilityBilling CC Process PAYPAL INC Bank and Service Charges Utility Operations-General
40 US-UtilityBilling CC Process PAYPAL INC Bank and Service Charges Utility Operations-General
40 US-E-Permit Web Security PAYPAL INC Equipment Repair&Maint IT Operating
147 US-Art Ctr Fundraising(3) PAYPAL INC Special Event Fees Arts Center
34 US-Water School Meals(2) PERKINS Travel Expense Utility Operations-General
26 US-Auger&Replace.Tooth POLFUS IMPLEMENT Equipment Repair&Maint Park Maintenance
100 US-Auger Head Replace. POLFUS IMPLEMENT Equipment Repair&Maint Park Maintenance
549 US-Exercise Equipment POWER SYSTEMS Operating Supplies Fitness Classes
312 US-Council Workshop Food QDOBA MEXICAN GRILL Miscellaneous City Council
27 US-12-V Adaptor RADIO SHACK Equipment Repair&Maint Wireless Communication
161 US-Min Recorder-Police RADIOSHACK.COM Miscellaneous IT Operating
166 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions
68 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions
118 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions
59 US-Father/Daughter Dance RAINBOW FOODS INC. Operating Supplies Special Events&Trips
1 US-Senior Movie Rentals REDBOX DVD Operating Supplies Classes/Programs/Events
546 US-Preschool Sports Equip. S&S WORLDWIDE Recreation Supplies Youth Programs Administration
24 US-Water School Meals(2) SAWATDEE Travel Expense Utility Operations-General
474 US-Small Tools SEARS EDEN PRAIRIE Small Tools Water Treatment Plant
67 US-Small Tools SEARS EDEN PRAIRIE Small Tools Water Treatment Plant
38 US-Sensible Land Program SENSIBLE LAND USE COALITION Conference Expense Community Development Admin.
38 US-SLUC Mtg-Gene Dietz SENSIBLE LAND USE COALITION Miscellaneous Engineering
287 US-Picnic Table Paint SHERWIN WILLIAMS CO Repair&Maint.Supplies Park Maintenance
160 US-SHRM Membship-Kems SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions Human Resources
20 US-Power Cord-Fitness Rm SONY DIRECT ACCESSORIES PARTS Repair&Maint.Supplies Fitness Center
200 US-Proshop Vending SPORTS WORLD USA INC Operating Supplies Concessions
571 US-Life Guard Manuals STAYWELL COMPANY,THE Recreation Supplies Pool Lessons
433 US-Life Guard Manuals STAYWELL COMPANY,THE Training Supplies Pool Lessons
53 US-Rings-Diesel Holders STORMS WELDING&MFG INC. Patching Asphalt Street Maintenance
200 US-SW Mutual Aid Reimbur. SURVEYMONKEY.COM Operating Supplies Fire
63 US-Proshop Vending TARGET Merchandise for Resale Concessions
25 US-Live-Well Gocery Items TARGET Miscellaneous Recreation Administration
Amount Explanation Vendor Account Description Business Unit
61 US-Parks Office Make-Over TARGET Operating Supplies Recreation Administration
94 US-Play Care Supplies TARGET Operating Supplies Day Care
32 US-Office Clean.Supplies TARGET Operating Supplies Community Center Admin
91 US-CD/Radio for Programs TARGET Operating Supplies Youth Programs Administration
96 US-Parks Office Make-Over TARGET Repair&Maint.Supplies Furniture
720 US-Preschool Trip TARGET CENTER Special Event Fees Special Events&Trips
14 US-MnFAC Meeting TAVERN ON GRAND Operating Supplies Fire
17 US-MnFAC Meeting TAVERN ON GRAND Operating Supplies Fire
13 US-MnFAC Meeting TAVERN ON GRAND Operating Supplies Fire
9 US-Blog TIGER TECHNOLOGIES Software IT Operating
195 US-Art Center Supplies TRIARCO Operating Supplies Arts Center
15 US-Art Center Grand Open. TURNSTYLE Operating Supplies Recreation Administration
103 US-Carb Diaphram Kit UNITED RENTALS NORTHWEST INC Equipment Parts Fleet Operating
21 US-Preschool Office Suppl. WALGREEN'S#5080 Operating Supplies Youth Programs Administration
50 US-CitizensAcadamy-Reimb. WALMART COMMUNITY Miscellaneous Police
88 US-Oak Point supplies WALMART COMMUNITY Operating Supplies Pool Lessons
23 US-Aquatic Supplies WALMART COMMUNITY Recreation Supplies Oak Point Lessons
23 US-Aquatic Supplies WALMART COMMUNITY Recreation Supplies Oak Point Lessons
24 US-Shop#711 Supplies WALMART COMMUNITY Repair&Maint.Supplies Sewer System Maintenance
380 US-Hotel-ACA Conference WALT DISNEY WORLD Conference Expense Parks Administration
56 US-Conf.Food&Internet WALT DISNEY WORLD Conference Expense Parks Administration
17 US-ACA Confertence Meal WOLFGANG PUCK Conference Expense Parks Administration
24,143 Grand Total
CITY COUNCIL AGENDA DATE:
SECTION: Ordinances &Resolution April 21, 2009
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A.
Fire—George F. Esbensen First Reading of Ordinance Amending
City Code Chapter 9, Section 9.10,
Police—Rob Reynolds
Relating to Fire and Burglar, Robbery
and Safety Alarm Systems
Requested Action
Move to: Approve first reading of an Ordinance amending City Code Chapter 9, Section
9.10, relating to Fire and Burglar, Robbery and Safety Alarm Systems and
adopting by reference City Code Chapter 1 and Section 9.99 which among
other things contain penalty provisions.
Synopsis
This ordinance separates alarm systems regulated by the Police Department and the Fire
Department into two separate areas. It provides a registration method for alarm systems.
Burglar, Robbery and Safety Alarm Systems—These alarm systems will be required to be
registered. A fee will be required with the registration. Repeated false alarms will result in false
alarm fees and possible suspension of response.
Fire Alarm Systems—Code Required—These alarms systems will be required to be registered.
The registration is free once an educational training program is completed by a representative of
the owner. Repeated false alarms will result in false alarms fees and possible suspension of the
registration.
Fire Alarm Systems—Non-Required—These alarms systems will not be required to be
registered. Repeated False Alarms will result in false alarms fees.
Background Information
The City of Eden Prairie has had an alarm system ordinance in place for many years that allows
us to charge a fee for false alarms. The intent has always been to prevent false alarms, not to
generate fees for the City. Police and Fire response to alarms result in direct costs to the citizens
in actual dollars spent. They can also have non-monetary effects, such as the inherent danger of
emergency response. In analyzing false alarm causes, we found that the ordinance in its existing
form was not having the desired effect. Some companies were budgeting for the false alarm fees
rather than taking actions to prevent them.
We also found that there needed to be a difference in how we approach alarm systems. Many
fire alarm systems are required by Fire Codes to be installed for protection of life. Burglar and
robbery systems are installed based on the occupant's request, not code mandates.
This ordinance allows the City to tailor the response to false alarms so as to encourage owners to
take steps to prevent them. It also allows registration of the most problematic alarms to provide
us with the owner and contact information that allows us to rapidly work with the responsible
parties, thereby intervening before problems continue or escalate.
Attachments
Ordinance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. -2009
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING IN
ITS ENTIRETY CITY CODE CHAPTER 9, SECTION 9.10, RELATING TO FIRE AND
BURGLAR, ROBBERY AND SAFETY ALARM SYSTEMS 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 Chapter 9, Section 9.10 is deleted in its entirety and replaced with the
following:
SECTION 9.10. FIRE AND BURGLAR,ROBBERY AND SAFETY ALARMS.
Subd. 1. Purpose. The purpose of section 9.10 A and 9.10 B are to protect the police and fire
services of the City from misuse and to provide for the maximum possible service to alarm users.
The ordinance is intended to provide for the regulation of Burglar, Robbery and Safety Alarm
Systems and Fire Alarm Systems, establish a user fee for false alarms and the registration of
Burglar, Robbery and Safety Alarm Systems and Fire Alarm Systems in order to improve the
reliability of such systems and reduce or eliminate false alarms. Section 9.10 A regulates Fire
Alarm Systems. Section 9.10 B regulates Burglar, Robbery and Safety Alarm Systems.
Subd. 2. Definitions. The following terms as used in sections 9.10 A and 9.10 B shall have the
meanings stated:
A. "Adopted Code(s)"means the Minnesota Fire Code (MFC) and the National Fire
Protection Association National Fire Alarm Code 72 (NFPA 72).
B. "Alarm Initiating Device" means a device that is designed to respond either manually or
automatically to the presence of smoke, fire, or the activation of a fire suppression
system.
C. "Alarm user" means the person in control of any alarm system.
D. "Burglar, Robbery and Safety Alarm System" means and includes any alarm installation
designed to be used for safety on the premises which contain the alarm installation
including the prevention or detection of burglary or robbery.
E. "Central Station Company" means any company that receives signals from any alarm
system and transmits to the "Police/Fire Communications Center" any request for service
as a result of these signals.
F. "Enforcement Official"means the Fire Chief or his designated representative.
G. "False alarm" means an audio, visual or electronically transmitted alarm signal eliciting a
response by fire and police personnel when a situation requiring a response does not in
fact exist and which is caused by the activation of the alarm system through mechanical
failure, alarm malfunction, improper installation or the inadvertence of the alarm user or
lessee of an alarm system or of his or her employees or agents. False alarms do not
include alarms caused by climatic conditions such as tornadoes, thunderstorms, violent
conditions of nature or any other conditions which are clearly beyond the control of the
alarm manufacturer, installer or alarm user.
H. "Fire Alarm System" means and includes any alarm installation designed to be used for
the prevention or detection of fire on the premises which contain the alarm installation
including monitoring of water flow alarms for fire sprinkler systems.
I. "Fire Protection Business" means any individual, partnership, corporation or other entity
that is appropriately licensed in the state to install or causes to be installed, permits to be
installed, alters, maintains, repairs, replaces, services, provides runner services or
monitors any Fire Alarm System, fire sprinkler system or special fire protection system.
J. "Monitored System" means a Fire Alarm System that is connected pursuant to NSPA 72
or MFC to a Central Station Monitoring Company that receives signals from the Fire
Alarm System or fire sprinkler system and notifies the appropriate person or agency
depending on the type of alarm signal received.
K. "Police/Fire Communications Center" is the City facility used to receive emergency
requests for service and general information from the public to be dispatched to
respective police/fire units.
L. "Qualified Fire Alarm Technician"means any person licensed by the State of Minnesota
to inspect, install, repair or perform maintenance on Fire Alarm Systems.
M. "Required Fire Alarm System" means a fire alarm system, including fire sprinkler system
water flow monitoring, that is required to be installed and maintained by the Adopted
Codes.
N. "UL Certificate/Certification" means a certificate issued by UL that indicates that a Fire
Alarm System meets the NFPA 72 code requirements for a central station monitored Fire
Alarm System.
O. "User fee" means a charge payable to the City of Eden Prairie, to defray the expenses of
responding to a false fire alarm.
SECTION 9.10 A. FIRE ALARM SYSTEM.
Subd. 1. False Alarm Fees.
A. Non-Required Fire Alarm System. A Fire Alarm System that is not a Required Firm
Alarm System which reports more than three (3) false alarms to the City in a single
calendar year will cause the alarm user to be charged a user fee for each false alarm in
excess of three (3) per calendar year. The fee charged shall be in accordance with the fee
schedule adopted by the City Council.
B. Required Fire Alarm System. A Fire Alarm System that is a Required Fire Alarm System
which reports a more than one (1) false alarm to the City in a single calendar year will
cause the alarm user to be charged a user fee for each false alarm in excess of one (1) per
calendar year. The fee charged shall be in accordance with the fee schedule adopted by
the City Council.
C. Appeal of User Fee. A Fire Alarm system alarm user who is required by the City to pay a
user fee as the result of a false alarm may by written notice appeal the false alarm charge
to the City Manager—within ten (10) days of notice from the City of the false alarm
charge. The decision of the City Manager shall be final.
Subd. 2. Payment of User Fee.
A. Payment of user fees provided for under Section 9.10 A. Subd. 2 must be paid to the City
within thirty (30) days from the date of notice by the City to the alarm user. Failure to
pay the fee within thirty (30) days' notice will cause the alarm user to be considered
delinquent and subject to a late payment charge of ten percent (10%) of the fee and
interest in an amount not to exceed six percent(6%)per annum.
B. All delinquent charges for user fees computed as provided in paragraph A above shall be
forwarded to the City Clerk who shall prepare a roll each year of the delinquent amounts
against the respective properties serviced, which roll shall be delivered to the City Council
for certification to the County Auditor on or before October 15 of each year. Prior to delivery
of the roll to the City Council, the City Clerk shall give written notice to the property owner
on or before September 15th of the City's intention to certify the charges to the auditor.
Subd. 3. Automatic Dialing Devices Prohibited.
A. No automatic dialing devices initiating a pre-recorded emergency alarm message shall be
connected to the Police/Fire Communications Center through any telephone line or other
electronic means, except when authorized by the City Manager or his or her designee.
B. Remote automatic alarm systems and other related devices shall not be installed in such a
manner that an automatic alarm signal is connected to the 911 trunks. Under specific
circumstances, automatic devices with two-way voice communication may be permitted
if the Fire Chief finds that the device complies with Section 1215.0800 Subpart 5 of the
Code of Minnesota Administrative Rules and is otherwise in compliance with the
requirements of federal, state and local laws and regulations.
Subd. 4. Registration, Certification, Inspection, Testing, Maintenance, Suspension and
Annual Education Requirements for Required Fire Alarms.
A. Registration of Required Fire Alarm Systems.
1. All Fire Alarm Systems in the City of Eden Prairie which are required by the
Adopted Codes must be registered with the Eden Prairie Fire Department The
registration shall be submitted on a form provided by the City of Eden Prairie
(hereinafter referred to as "registration or "registrations"), and shall include at
least the following information:
a. The address of the property protected by the Fire Alarm System;
b. The name(s) of the property, if any;
c. The name and mailing address of the alarm user (if different from the
occupant);
d. The name, address and telephone number of the Fire Protection Business
which has contracted to service the Fire Alarm System;
e. Proof of state licensing of the Fire Protection Business. Proof of proper state
licensing may be a valid state licensing number;
£ The date the Registration is signed or the Fire Alarm System is placed in
operation for any reason; and
g. Any other documentation that is required by the Adopted Codes.
2. The Fire Alarm System alarm user shall be required to file an amended
registration whenever there is a change in the Fire Protection Business responsible
for maintaining, servicing, and/or monitoring the Fire Alarm System.
Registrations shall not be transferable from one property to another or from one
alarm user to another.
3. Every Fire Alarm System alarm user shall notify the Enforcement Official of the
existence of a Fire Alarm System prior to the Fire Alarm System being placed
into operation. Each Fire Protection Business installing Fire Alarm Systems shall
provide the alarm user with notice of the existence of this ordinance, registration
information and a copy of the Fire Alarm System operation instructions in
accordance with Adopted Codes, and the manufacturer's instructions.
4. The Fire Alarm System alarm user shall complete and deliver the Fire Alarm
System Registration on the form specified by the City to the Fire Chief before the
Fire Alarm System is activated or placed into service.
B. System Certification. All required Fire Alarm Systems installed after January 1, 1986
shall have a UL72 certificate. All required Fire Alarm Systems that are updated,
modified or replaced must have a UL72 certificate issued certifying that the Fire Alarm
System is in compliance with Adopted Codes. The certificate shall be signed by a
Qualified Fire Alarm Technician.
C. Inspection, Testing and Maintenance.
1. The Fire Alarm System alarm user shall have all Fire Alarm Systems inspected
and tested at least once per year in accordance with Adopted Codes.
2. The Fire Alarm System alarm user shall maintain all Fire Alarm Systems in
accordance with manufacturer specifications and Adopted Codes.
D. Annual Alarm System Training. Every alarm user of a Required Fire Alarm System shall
complete the City Fire Annual Alarm User Training course no later than March 31 of
each year, provided however that for the year 2009, the training shall be completed no
later than July 1, 2009. The course may be completed either online or at the offices of the
Enforcement Official. The alarm user may designate as the person(s) to complete the
training such individual(s) who have responsibility to supervise the maintenance of the
Required Fire Alarm System or such other person(s) as approved in writing by the
Enforcement Official.
E. Registration Fees.
1. No fee shall be charge for the initial registration of a Fire Alarm System. No fee
shall be charge for any registration that is required to be resubmitted for any
reason other than suspension. Any registration that has been suspended for false
alarms as stated below will be charged a registration reinstatement fee as set forth
in the fee schedule adopted by the City Council.
2. Failure to pay the fee within thirty (30) days' notice will cause the alarm user to
be considered delinquent and subject to a late payment charge of ten percent
(10%) of the fee and interest in an amount not to exceed six percent (6%) per
annum as the Council shall determine.
F. Required Fire Alarm System Registration Suspension. An alarm user of a Required Fire
Alarm System who fails to complete the Annual Alarm System Training as required
above or an alarm system which reports more than six (6) false alarms to the Police/Fire
Communications Center in a single calendar year will cause the registration of the Fire
Alarm System to be suspended. If the registration has been suspended for failure to
complete the Annual Alarm System Training the alarm user must complete the training
and submit to the Enforcement Official the required fee to reinstate the registration. If
the registration has been suspended for reporting more than six (6) false alarms as
specified above, the alarm user must have the system repaired and submit documentation
of the repairs to the Enforcement Official, along with the required fee to reinstate the
registration.
G. Appeal of Registration Suspension Fee. Any alarm user whose registration of the Fire
Alarm System is suspended may request in writing a hearing on the suspension. If a
hearing is requested, the date for the hearing shall be set not more than fourteen (14) days
after receipt of the request for hearing. The hearing shall be held by the Hearing Officer,
who shall be appointed by the City Manager and who may be an employee of the City.
Upon conclusion of the hearing, the Hearing Officer shall, within ten (10) days, make his
decision which reverses or affirms the suspension and shall notify the alarm user in
writing of his decision ("Hearing Officer's Notice of Decision"). If the Hearing Officer's
decision is to affirm the suspension, the Hearing Officer shall include in the Hearing
Officer's Notice of Decision findings and conclusions supporting the decision. The
decision of the Hearing Officer shall be final.
SECTION 9.10 B. BURGLAR, ROBBERY AND SAFETY ALARMS.
Subd. 1. False Alarm Fees.
A. A Burglar, Robbery and Safety Alarm System which reports more than three (3) false
alarms to the City in a single calendar year will cause the alarm user to be charged a user
fee for each false alarm in excess of three (3)per calendar year. A fee schedule will be set
by the City Council based upon the number of false alarms reported per calendar year.
B. Any Burglar, Robbery and Safety Alarm System alarm user which is required by the City
to pay a user fee as the result of a false alarm may make a written appeal of the false
alarm charge to the City Manager within ten (10) days of notice by the City of the false
alarm charge. The City Manager will have authority to make a final determination as to
whether the appellant is to be charged. The decision of the City Manager shall be final.
Subd. 2. Payment of fees.
A. Payment of user fees provided for under Subd. 3 must be paid to the City within thirty
(30) days from the date of notice by the City to the alarm user. Failure to pay the fee
within thirty (30) days' notice will cause the alarm user to be considered delinquent and
subject to a late payment charge of ten percent (10%) of the fee and interest in an amount
not to exceed six percent(6%)per annum as set forth in the City's fee schedule.
B. All delinquent charges for user fees computed as provided in paragraph A above shall be
forwarded to the City Clerk who shall prepare a roll each year of the delinquent amounts
against the respective properties serviced, which roll shall be delivered to the City Council
for certification to the County Auditor on or before October 15 of each year. Prior to delivery
of the roll to the City Council, the City Clerk shall give written notice to the property owner
on or before September 15th of the City's intention to certify the charges to the auditor.
Subd. 3. Automatic Dialing Devices Prohibited.
A. No automatic dialing devices initiating a pre-recorded emergency alarm message shall be
connected to the police/fire communications center through any telephone line, except
when authorized by the City Manager or his or her designee.
B. Remote automatic alarm systems and other related devices shall not be installed in such a
manner that an automatic alarm signal is connected to the 911 trunks. Under specific
circumstances, automatic devices with two-way voice communication may be permitted
if the Police Chief finds that the device complies with Section 1215.0800 Subpart 5 of the
Code of Minnesota Administrative Rules and is otherwise in compliance with the
requirements of federal, state and local laws and regulations.
Subd. 4. Burglar, Robbery and Safety Alarm System Alarm System Registration.
A. Every Burglar, Robbery and Safety Alarm System alarm user must annually file with the
police department a registration for each alarm system used. The registration will expire
December 31 of each year. The alarm user must pay a registration fee of $25.00 per
alarm system, which will not be prorated.
B. The registration of the Burglar, Robbery and Safety Alarm System will be on a form
provided by the City of Eden Prairie. The form shall contain information the City of
Eden Prairie deems necessary to properly respond to and manage alarms.
C. Burglar, Robbery and Safety Alarm System alarm users shall register each alarm system
within thirty (30) days of activation of the system.
Subd. 6. Suspension of Police Response.
A. Notice of Suspension of Police Response. Where the Burglar, Robbery and Safety Alarm
System alarm user is more than 90 days overdue in payment of alarm fines or
registration fees, the City of Eden Prairie may serve, in-person or by U.S. certified mail
addressed to the address at which the alarm is located written notice (hereinafter referred
to as "Notice") that effective fourteen (14) days from the date of the Notice, the Eden
Prairie Police Department will no longer respond to alarm dispatch requests from that
site (hereinafter referred to as "Suspension"), unless there is an in-person call for
assistance from a person at or near the premises or other independent information that
verifies the need for an immediate police response. The Suspension will be revoked and
Police response will be reactivated once all fines and fees have been paid.
B. Written Appeal of Suspension. Any Burglar, Robbery and Safety Alarm System alarm
user who has been given Notice of Suspension may by written notice appeal the
Suspension to the City Manager within ten (10) days of date of the Notice. The decision
of the City Manager shall be final.
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 or Petty 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
day of , 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 , 2009.
CITY COUNCIL AGENDA DATE:
SECTION: Reports of the City Manager April 21, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1.
Scott Neal, City Manager Goodrich Remus Barn
Requested Action
Move to: Affirm the City Council's August 19, 2008, decision regarding the City's potential
ownership of the Goodrich-Remus Barn.
Synopsis
The City Council considered a request from Hennepin County for the City to accept ownership
of the Goodrich-Remus Barn at the Council's August 19, 2008, meeting. The Council's
discussion and direction on this matter is reflected in the following except from the approved
minutes of that meeting:
"2. Section 106 Memorandum of Agreement between the Federal Highway Administration
and the Minnesota State Historic Preservation Office
Neal said we are moving forward with the Pioneer Trail project and need to get the final
approval from the historic preservation standpoint of the Goodrich-Remus barn. This item
authorizes the City Manager and the Heritage Preservation Commission Chair to sign the
Section 106 agreement which sets out all the various things we are going to agree to take
care of We have had a lot of discussion about this barn. The barn was sold by the
owners to Hennepin County, so the County owns the property. We are going forward with the
review of the project.
Neal said his position as we moved this project forward has been that Hennepin County owns
the barn and the City does not own the barn. We have had a strong mandate from the
Council to make the road project happen. We made agreements with the County to enable the
road project to go ahead. We have not had a mandate from the Council to save the barn. He
was looking for reaffirmation from the Council on this issue. He recently learned the county
has come up with a design that would preserve the barn in place. His initial position with the
County has been that they own the barn and we have not expressed interest in receiving the
barn or owning it at some point in the future.
Young said a lot of people are anxious to see Pioneer Trail expanded, and we need to do
whatever we can to get that process on track and completed as soon as possible. He said he
had no idea what Hennepin County intentions are with the barn.
Duckstad said he has no interest in the barn. He did not want to receive it and was opposed
to participating any further.
Nelson said she did want to see the road go through, and she was glad to see the County has
put together a plan for the barn. She didn't want to go so far as to say we would never have
an interest in getting a gift of the barn, especially if it would be fully restored and we would
receive some help with ongoing maintenance.
Aho said he was anxious to see the roadway move forward because it is a very important
roadway to the Eden Prairie residents. He also had no interest in the City owning the
property. If Hennepin County wants to own and maintain the barn, that would be okay but he
didn't want the City to have the financial burden of maintaining it.
MOTION:Nelson moved, seconded by Aho, to authorize the City Manager and Heritage
Preservation Commission Chairperson to sign the Section 106 Memorandum of Agreement
between the Federal Highway Administration and the Minnesota State Historic Preservation
Office Regarding Reconstruction of County State Aid Highway 1 (Pioneer Trail). Motion
carried 3-1, with Duckstad opposed."
Hennepin County has asked the City to give one final consideration to accepting ownership and
responsibility for the barn. Staff has examined ideas and concepts for how we might make
functional use of the barn,but have been able to not identify an operational function for the barn,
other than historic preservation. Our recommendation to the Council back in August 2008 was
based on that conclusion. Staff has had additional discussions internally on the subject since the
August 19 Council direction, but has not changed our position on this matter. If the Council
wishes to accept ownership of the barn for historic preservation purposes, we will certainly do
our best to make that decision successful.
Staff has previously communicated the City's position on this matter to the County. The County,
however, wants to hear the final position on this matter from the City Council, and not just City
staff. The County wants to hear a final response on the matter from the Council at the April 21
meeting as they plan to begin the Pioneer Trail improvement project very soon.
CITY COUNCIL AGENDA DATE: April 21, 2009
SECTION: Report of City Manager
DEPARTMENT ITEM DESCRIPTION: ITEM NO.: XIV.B.2.
Office of the City Manager Flying Cloud Airport Advisory Commission
Recommendation on Joint Airport Zoning Board
for Flying Cloud Airport
Synopsis
The Metropolitan Airports Commission (MAC) proposes to establish a Joint Airport Zoning
Board for the Flying Cloud Airport to regulate air space zones and land use safety zones to
protect the airport environment from hazards to aircraft. MAC has requested that the City of
Eden Prairie participate on the Board together with the cities of Bloomington, Shakopee, and
Chanhassen.
Background Information
State Statute requires the MAC to establish a Joint Airport Zoning Board for each of its airports.
The Minneapolis/St. Paul International Airport and St. Paul Downtown Holman Field currently
have Joint Airport Zoning Boards. Should Eden Prairie choose not to participate on the Board,
MAC may itself adopt, administer and enforce airport zoning regulations for the airport hazard
area in question. In the event of a conflict between the regulations of the City and MAC or the
Joint Airport Zoning Board created by MAC without the participation of the City, the more
stringent limitation or requirement would govern and prevail.
The Flying Cloud Airport Advisory Commission reviewed the Joint Airport Zoning Board
proposal at its March 12, 2009 meeting and recommended two people who should serve on this
Board (see motion set forth below). While the Commission's choices for membership are
capable of serving on the Board, staff believes it is in the City's best interest and more
appropriate to appoint elected representatives from the City Council to undertake this
responsibility if the City chooses to participate in the Joint Airport Zoning Board.
On several occasions in the past MAC requested that Eden Prairie participate in a Joint Airport
Zoning Board. On each occasion the City Council declined to participate in a Joint Airport
Zoning Board.
MAC has indicated it will indemnify the participating municipalities but the actual language of
the indemnification has not been presented to the city for review by the city attorney.
Flying Cloud Airport Advisory Commission Motion
M/King, S/Michelson, to recommend to the City Council that they fill the proposed Joint Airport
Zoning Board with two people from Eden Prairie; one from the Planning Commission and one
specifically Scott Kipp. Further, that our Commission recommends that the City Manager lobby
the three other cities to ensure as much as possible that the chair selected be a resident of Eden
Prairie since the airport is located in the City of Eden Prairie. It is expected that the City will
receive indemnification from MAC prior to implementation of any of the zoning ordinances. The
motion carried 6-0-1 with Nawrocki abstaining.
Attachments
FCAAC Minutes Excerpt
Background Documents
FLYING CLOUD AIRPORT ADVISORY COMMISSION MINUTES—UNAPPROVED
March 12, 2009
Page 10
D. Joint Airport Zoning Board for FlyingAirort�Cloud p
Chad Leqve, MAC Representative, presented the background as to why a Joint Airport
Zoning Board is needed for Flying Cloud Airport. Minnesota State Statutes establishes
that airport hazards endanger lives,property and airport utility and should be prevented
with consideration given to avoiding the disruption of existing land uses based on social
and financial costs and in an effort to prevent the creation or establishment of airport
hazards,the statute states that MAC shall request creation of one Joint Airport Zoning
Board for each airport operated under its authority. Leqve said they anticipate having a
meeting once appointments are made. He explained that the goal of the Board is to
develop a FCM Zoning Ordinance for review and approval by the Commissioner of
Transportation, for subsequent adoption by the Board and then by local municipalities.
King said that one of the questions being asked is why this is coming up now. He
explained that it has come up before but it was not done because of an indemnification
issue. MAC has now indicated that they will indemnify the municipalities.
Leqve stated that the major considerations of the Board will be MnDOT Model
Ordinance, FCM's unique characteristics in the context of existing and planned land
uses around the airport, and maintaining a reasonable standard of safety while
considering the social and financial costs to the community. He pointed out that
Minnesota Statute 360.066, Subdivision 1, is especially instructive when addressing the
question of zoning around FCM. He reviewed the tasks of the Zoning Board and the
runway safety zones under the Federal Runway Protection Zone. This Board will also
be dealing with airspace zoning. Leqve said MAC is going through the process of
defining the zones with a land use control ordinance that is enforceable.
King pointed out that there may be a change in use of some of the previously restricted
areas that can be commercially developed and turned into the tax rolls at the discretion
of the Zoning Board. He reported that the City Manager has asked this Commission to
review the proposal for a Joint Airport Zoning Board and to recommend two people
who should serve on this Board. King said he believes that if MAC does not indemnify
the City, appointments to the Board from the City of Eden Prairie should not be made.
King further reported that the Chair of the Board will be appointed by the municipalities
serving on the Board. He stated that the City has a Planning Commission that deals with
land use and this Commission deals with airport issues. It would be his
recommendation that they appoint Kipp to one of the two positions since he works in
the Planning Division and does planning work in addition to serving as staff liaison on
this Commission.
Michelson said he thinks someone from the Planning Commission would definitely be a
good candidate to serve on this Board since they are used to dealing with zoning issues.
He said he would recommend a member of the Planning Commission be appointed and
FLYING CLOUD AIRPORT ADVISORY COMMISSION MINUTES —UNAPPROVED
March 12, 2009
Page 11
perhaps someone from this Commission. Kipp pointed out that City staff is familiar
with the City Code, the Guide Plan and land uses and how those uses were created and
relate to each other.
King said he would suggest that the two appointees be Kipp and a Planning
Commission member. He also suggested that they recommend that the City Manager
talk to the other municipalities that are making appointments to this Board so that Eden
Prairie gets the Chair position since the airport is in Eden Prairie. King said that with
MAC's indemnification and with the City's interest in developing land outside of the
safety zone and putting it on the tax rolls are strong reasons to participate on this Board.
Motion: M/King, S/Michelson,to recommend to the City Council that they fill the
proposed Joint Airport Zoning Board with two people from Eden Prairie; one from the
Planning Commission and one specifically Scott Kipp. Further,that our Commission
recommends that the City Manager lobby the three other cities to ensure as much as
possible that the chair selected be a resident of Eden Prairie since the airport is located
in the City of Eden Prairie. It is expected that the City will receive indemnification from
MAC prior to implementation of any of the zoning ordinances. The motion carried
6-0-1 with Nawrocki abstaining.
E. May 28 Special Public Meeting on Airport Expansion
King reported that the date scheduled for the Special Public meeting has been scheduled
for May 28 at Hennepin Technical College with their regular Commission meeting
being held on May 14. King said he anticipates having two people from the FAA
present who can talk about development and flight routing. Rief and Legve will also
speak about what is happening at Flying Cloud. King said they will be mailing
approximately 7,900 notices to a radius 1.5 miles from airport property.
Larsen suggested that they do something a little more concrete in terms of what the
intent of the meeting is prior to the meeting taking place. He felt last time there was
some confusion as to the meeting's intent last year. They may want to get together to
develop a rough draft as to how to phrase the notices so the people are not upset when
they get to the meeting and it isn't what they thought it was going to be. Larsen said the
Commission should also be involved in what is placed in the newspapers about this
meeting.
King said he thinks it would be good to have one or two members of this Commission
prepare the notice to be mailed out and sent to the newspapers. He suggested that it then
be distributed to the entire Commission for their review and input. Michelson and
Gentry volunteered to prepare the postcard and editorial piece for the newspaper. King
suggested that rather than submitting a press release they may want to meet with the
newspaper reporter. He also suggested that they mail the notice to the residents by the
end of April so that it is mailed out 30 days prior to the meeting.
ME1ROPOT ITAN AIRPORTS COMMISSION gicain tow-
is s Minneapolis-Saint Paul Inteinational Airport
.es' • 6040 -28th Avenue South-Minneapolis,MN 5540-2799
z Phone (612)726-8100
21-to
ore*
4ippoRI
January 29, 2009 •
Mr. Scott Neal
City Manager
City'a-Ede-if:Prairie
1800 W. Old Shakopee Road
Bloomington, MN 55 1
Dear
The Metropolitan Airports Commission (MAC) proposes to establish a Joint Airport
Zoning Board to implement Airport Safety Zoning at the Flying Cloud Airport. State
Airport Safety is prescribed in Minnesota Statute and MnDOT Aeronautics rules and
deals with both land use and height restrictions in the vitiftity-of airports, particularly oft
the ends of itiriWay .
State Statute requires MAC to create a Joint Airport Zoning Board for each of its airports. •
The Joint Airport Zoning Board consists of two representatives from each affected
community and two representatives from MAC (Commissioners Molly Sigel and Sherry
Stenerson for this Board). While most of the airport affects at the Flying Cloud Airport
are within the existing airport boundaries, there are zoning issues in Bloomington,
Chanhassen, Eden Prairie, and Shakopee. Each of these communities is requested to
participate in this process and to appoint two representatives to the Board.
In order to move forward with this process, MAC requests that you appoint two
representatives to participate in a Joint Airport Zoning Board for Flying Cloud Airport.
We would like to/convene the Board for its first meeting in late February or early March.
If you would lire additional information regarding either airport safety zoning or its
potenti imps s, please contact Chad Leqve at 612-725-6326.
Si cerel ,
D nis P bst
Deputy E ecutive Director
Planning and Environment
The Metropolitan Airports Commission is an affirmative action employer.
www.mspairport.com
Reliever Airports: AIRLAKE •ANOKA COUNTY/BLAINE •CRYSTAL •FLYING CLOUD •LAKE ELMO •SAINT PAUL DOWNTOWN
11,
•
GREGERSON,ROSOW,JOANSON &NILAN,LTD.
ATTORNEYS AT LAW
650 THIRD AVENUE SOUTH
SUITE 1600
DAVID H.GREGERSON' MINNEAPOLIS,MINNESOTA 55402-4337 ROBERT L LANG,OF COUNSEL
RICHARD F.ROSOW+ TEl NPHONE:(612)338-0755 ROGER A.PAULY,OF COUNSEL
MARK J.JOHNSON FAX(612)349-6718
JOSEPH A.NILAJ'I WWW.GRJN.COM *Also admitted in Wisconsin
•
SIIRA B.GUNDERSON• (Also admitted in North Dakota
JENNIFER M.INZ +MSBA Board Certified Real Property Specialist
DANIEL R.GREGERSON
KRISTY L.WARNEN
DAVID D.HEIM Writer's Direct Dial: 612-436-7477
JENNIFER M.SPALDING Writer's E-mail: rrosow@grjn.com
DAVIS A.KESSLER
MEMORANDUM
To: Scott Neal& Scott Kipp
From: Ric Rosow
Date: February 16,2009
Re: Flying Cloud Airport—Joint Airport Zoning Board
The Metropolitan Airports Commission (MAC) proposes to establish a joint airport
zoning board for Flying Cloud Airport. Dennis Probst, Deputy Executive Director Planning
and Environment, states in his January 29,2009 letter on behalf of MAC that the members of
this Board would include representatives from the Metropolitan Airports Commission and
the Cities of Eden Prairie, Bloomington. Chanhassen and Shakopee. You have asked that I
provide you with a memorandum discussing the legal framework of an Airport Zoning
Board.
PRIOR REQUESTS FOR JOINT ZONING BOARD
This is not the first request of the Metropolitan Airports Commission.that the City
participate in an Airport Zoning Board. On January 5, 1978 the Metropolitan Airports
Commission requested that the City pass a resolution approving a Joint Zoning Board. At
that time the Metropolitan Airports Commission advised the City that if it failed to pass the
resolution approving the Joint Zoning Board the Metropolitan Airports Commission may
independently zone the areas surrounding the area pursuant to the Minnesota Statute §
360.063, Subd. 3. Our files contained an unsigned copy of Metropolitan Airports
Commission Resolution No. 993 that indicates adoption on November 21, 1979 establishing
a joint airport zoning board in cooperation with the City of Eden Prairie. An extract from the
•
•
GREGERSON,ROSOW,JOHNSON & NILAN,LTD.
February 17,2009
Page 2
minutes of the Metropolitan Airports Commission dated November 21, 1977 identify that the
motion carried unanimously and that Commissioners Suel and McCloskey were appointed to
serve as representatives from MAC on the Board.1
MINNESOTA STATUTES CHAPTER 360
Chapter 360 of the Minnesota Statutes is entitled Airports and Aeronautics. For purposes
of the establishment of a joint airport zoning board the term "municipality" specifically
includes the Metropolitan Airports Commission. Minnesota Statutes 360.061, Subd. 3.
Also for purposes for this statute an "airport hazard" is defined as "any structure, object of
natural growth, or use of land, which obstructs the airspace required for the flight of aircraft
in landing or taking off at any airport or restricted landing area or is otherwise hazardous to
such landing or takeoff." Minnesota Statutes $ 360.013, Subd. 40. • Further, "airport hazard
area" is defined as "any area of the land or water upon which an airport hazard may be
established if not prevented as provided in this Chapter." Minnesota Statutes & 360.013,
Subd.41.
Minnesota Statutes § 360.063, Subd. 1 empower every municipality (including MAC)
having an airport hazard within its territorial limits to adopt, amend, administer and enforce
under the police power, airport zoning regulations for such zoning hazard areas "which
regulations might divide such area into zones, and, within such zones, specify the land uses
permitted and regulate and restrict the height to which structures and trees may be erected or
allowed to grow." Further, such municipality may "regulate the location, size and use of
buildings and the density of population in that portion of an airport hazard area under
approach zones for a distance not to exceed two miles from the airport boundary and in other
portions of an airport hazard area may regulate land use zoning for a distance not to exceed
one mile from the airport boundary, and by height restrictions zoning for a distance not to
exceed 1-1/2 miles from the airport boundary." Minnesota Statutes & 360.063, Subd. 1(b).
Under this authority MAC is empowered to zone property within an airport heard area and
for purposes as set forth in Subdivision 1 discussed above.
Minnesota Statutes § 360.063, Subd. 3(e) directs that MAC "shall request creation of one
joint airport zoning board for each airport operated under its authority." The manner in
which the joint airport zoning board is created is governed by the provisions of Minnesota
Statutes §360.063, Subd. 3(b). Under Subdivision 3(b) MAC and the municipality within
which the airport hazard is located may by ordinance or resolution create a joint airport
zoning board). (Emphasis added). The Board is directed to have two representatives
appointed by MAC and two from each municipality in which the airport hazard is located
and in addition a chair elected by a majority of the members so appointed.
I Of some coincidental importance, at the same meeting the MAC Commissioners authorized the Commission to
appear as arnicus curiae before the Minnesota Supreme Court in the case of McShane v.City of Faribault,et al. The
McShane case considered the challenge by property owner against an airport zoning board challenging an airport
zoning ordinances adopted by the Board as a taking without just compensation. The importance of the McShane
case will be discussed later in this Memorandum.
GREGERSON,ROSOW,JOHNSON &NILAN,LTD.
February 17,2009
Page 3
Under Minnesota Statutes § 360.063, Subdivision 3(c), if the City of Eden Prairie,within
sixty (60) days of receiving a request from MAC, fails to join in creating a joint airport
zoning board, MAC or a joint airport zoning board created without participation by the City
"may itself adopt, administer and enforce airport zoning regulations for the airport hazard
area in question." In the event of a conflict between the regulations of the City and MAC or
the joint airport zoning board created by MAC without the participation of the City"the more
stringent limitation or requirements shall govern and prevail." Minnesota Statutes 4 360.064,
Subd.2.
Minnesota Statutes § 360.063, Subd. 6 further provides that if MAC or a joint airport
zoning board established by MAC and participating cities fail to adopt, within a reasonable
time, airport zoning regulations or adopts regulations which do not conform to the standard
prescribed by the Commissioner of Transportation, the Commissioner may adopt such
regulations until such regulations are adopted by MAC or the joint airport zoning board
established by MAC.
CONSTITUTIONALITY OF STATUTE AND TAKINGS CLAIMS
Constitutionality of Minnesota Statutes § 360.061-360.074 was upheld in Minneapolis/St.
Paul Metropolitan Airports Commission v. McCabe, et al. 135 NW2nd 48 (1965). Although
the case first involved a dispute between the Commission of Aeronautics and the
Minneapolis/St. Paul Metropolitan Airports Commission, certain land owners intervened in
the action challenging the authority of the Airports Commission. The Supreme Court held
that the Statute did not violate the provisions of the Constitution and had the authority to
promulgate zoning regulations in accordance with the Statute. As to whether a taking had
occurred the court stated that until an ordinance was actually adopted it was premature to
determine whether the effect of the ordinance will be to "deprive any person of property
without just compensation or will represent an unreasonable exercise of the police power."
135 NW2nd at 57.
The issue of whether the adoption of airport zoning ordinance by a airport zoning board
constituted a taking without just compensation was considered fifteen (15) years later in
McShane v. City of Faribault, et al., 292 NW 2nd 253 (1980). In McShane the City of
Faribault, the County of Rice and the Faribault-Rice County Joint Airport Zoning Board
appealed from a judgment of the District Court compelling the City to initiate eminent
domain condemnation proceedings to acquire 42 acres affected by the zoning regulations
adopted by the Board. Plaintiff sued seeking an injunction against the ordinance, damages or
an order to compel eminent domain. The trial court determined that there had been a
substantial diminution in the value of the Plaintiffs property as a result of the zoning
regulations which resulted in a taking without just compensation. The trial court further
ordered the City to initiate eminent domain proceedings and awarded attorney's and expert to
•
GREGERSON,ROSOW,JOHNSON & N1LAN, LTD.
February 17, 2009
Page 4
fees to the Plaintiffs under Minnesota Statutes § 117.045. The Supreme Court stated "we
agree in substance with the trial court's conclusion that enforcement of the zoning
regulations would constitute a taking of Plaintiff's property without just compensation, but
we reverse the judgment issuing mandamus and remand with instructions." 292 NW2nd at
255.
The Plaintiff's expert appraiser testified that the land was worth $522,000.00 when put to
its highest and best use and that the total diminution in value caused by Zone A and Zone B
restrictions was $360,000.00 or 67%. The Defendant's appraiser valued the entire property
at $234,500.00 without the restrictions and $195,520.00 with the restrictions. The Supreme
Court noted that"all parties conceded the diminution in value was substantial." 292 N.W.2d
at 256. The Court stated that there is a distinction between"interference with the use and the
current practical enjoyment of property by physical government activity...and a regulation of
property use, as through zoning." 292 N.W.2d at 257. In the former case the curt has held
that "where the activity causes a definite and measurable decrease in the value of plaintiffs
property and interferes with the'current practical enjoyment of the property a compensable
taking has occurred." Id. In case as to interference by way of a regulation the Court stated
that"the right to use property as one wishes is subject to and limited to the proper exercise of
the police power in the regulation of land use and such regulation does not constitute a
compensable taking unless it deprives the property of all reasonable use." Id. The Court has
upheld zoning ordinances even where the value of the property declined significantly as a
result of the restrictions. Id. Despite the distinction between interference by way of physical
government activity and interference by way of regulation, the Court stated that the zoning
ordinance in question was not an"arbitration of competing land uses but a regulation for the
sole benefit of a governmental enterprise—the Faribault Municipal Airport." 292 N.W.2d at
258. The Court addressed situations where the burden of specific governmental enterprises
burdened just a few individuals while the public as whole received the benefit for which it
did not pay. The Court stated "therefore, even though the burdened property retained some
reasonable usefulness the public should pay for the diminution in value just as any private
land owner must purchase an easement." 292 N.W.2d at 258.
The Supreme Court held: "[w]e hold that where land use regulations, such as the airport .
zoning ordinance here, are designed to benefit a specific public or governmental enterprise,
there must be compensation to land owners whose property has suffered a substantial and
measurable decline in market value as a result of the regulations." 292 NW2nd at 258-259.
The Supreme Court went on to disagree with the district court's order compelling eminent
domain. The Supreme Court stated that the trial court considered that since the ordinance
was required by state law the Joint Airport Zoning Board could not repeal it without closing
the airport completely. The Supreme Court reasoned that it was not the function of the trial
court to speculate about what choice the city would make.
When last approached with a request to establish a joint airport zoning board,the City, as
a result of McShane, requested as part of its response that MAC agree to indemnify the City
for any damages the City would incur on account a takings claim brought by property
•
GREGERSON,ROSOW, JOHNSON & NILAN,LTD.
February 17,2009
Page 5
owners. To my knowledge MAC has never agreed to indemnify the City and the City
Council has not previously agreed to join a joint airport zoning board.
JOINT ZONING BOARD REGULATION PROCESS
Chapter 360 provides procedural and sustentative requirements applicable to a joint
airport zoning board and the regulations it adopts. Those procedures included the following:
1. Section 360.065, Subd. 1 requires public hearings on the regulations before they
are submitted to the Commissioner of Transportation for approval and after that approval,but
before final adoption. The submission to the Commissioner is for the purpose of the
Commissioner determining whether the regulations conform to standards prescribed by the
Commissioner.
2. Section 360.064 requires that in the event of a conflict between airport zoning
regulations adopted by joint airport zoning board and the City, the more stringent limitations
or requirements"shall govern and prevail."
3. Section 360.066 requires "the airport zoning standards adopted by the
Commissioner and by the joint airport zoning board shall distinguish between the creation or
establishment of a use and the elimination of an existing use, and shall avoid the elimination,
removal or reclassification of existing uses to the extent consistent with reasonable standards
of safety."
4. Section 360.066, Subd. 2 provides that no airport zoning regulation"shall require
the removal, lowering, or other change or alteration of any structure or tree not conforming to
the regulations when adopted or amended, or otherwise interfere with the continuance of any
nonconforming use, except as provided in Section 360.067.
• 5. Section 360.067 establishes a permitting and variance process with respect to
structures and uses subject to airport zoning regulations.
6. Section 360.068 provides for an appeal process. Any person aggrieved by a
decision of the joint airport zoning board may appeal to a Board of Adjustments authorized
to hear and decide appeals from the Board.
7. Section 360.069 requires that the airport zoning regulations provide for the
administration and enforcement.
8. Section 360.071 requires the establishment of a Board of Adjustments. The
decisions of the Board of Adjustments may be reviewed in accordance with Minnesota
Statutes Chapter 14 by an Administrative Law Judge.
9. Section 360.072, Subd. 7 provides that in case any regulation is found, to
constitute a taking in violation of the Constitution of the United States "such holdings shall
not affect the application of such regulations as to other structures and parcels of land."
GREGERSON,ROSOW,JOHNSON & NILAN, LTD.
February 17,2009
Page 6
CONCLUSION
MAC is required by Minnesota Statutes Chapter 360 to request the creation of a joint
airport zoning board for the Flying Cloud Airport. Participation by the City is permissive
and not mandatory. If the City does not participate MAC may proceed on its own to adopt
airport zoning regulations. In accordance with the holding in McShane, if a propf..rty suffers
a substantial and measurable decline in market value as a result of regulations adopted by a
joint airport zoning board to benefit the governmental enterprise of the operation of an
airport, there must be compensation to land owners whose. Not every land owner who is
some way limited or inconvenienced by such regulation however is entitled to compensation
under McShane.
•
RFR:smt
P:\Home\EPWCAIRPOE\MEMOS\2009 02 17 Menlo to Neal&Kipp—Joint Airport Zoning Board.doe
• •
1MEMORANDUM
TO: File
FROM: SBG
DATE: February 25,2009
RE: Flying Cloud Airport--Airport Zoning Board
Eden Prairie-MAC Airport Zoning &Expansion— 1610.031
Minn. Stat. § 360.063, Subd. 6 provides that if MAC or a joint airport zoning board
established by MAC and participating cities failed to adopt, within a reasonable time, airport
zoning regulations or adopts regulations which do not conform to the standard prescribed by the
Commissioner of Transportation, the Commissioner may adopt such regulations until such
regulations are adopted by MAC or the joint airport zoning board established by MAC.
The Department of Transportations' regulations relating to aeronautics are codified in
Minnesota Rules Chapter 8800. Air navigation obstructions are dealt with in Rule 8800.1100
regarding regulation of structure heights and 8800.1200 regarding criteria for deteiuiining air
navigation obstructions.
Airport zoning standards are set forth in Rule 8800.2400. The standards contained in that
rule set forth minimum standards for the zoning of public airports as to air space, land use, safety
and noise sensitivity. Any governmental body having airport zoning powers, such as cities, may
adopt more restrictive regulations. Rule 8800.2400 sets forth the minimum zoning standards for
public airports.
Subpart 3 of Rule 8800.2400 sets forth the definition of six airspace zones. No structure
or tree shall be constructed or allowed to grow in any airport zone so as to project above any of
the imaginary airspace surfaces as established in Subpart 3. See Minnesota Rule 8800.2400,
Subp. 4. Minnesota Rule 8800.2400, Subp. 5 sets forth three land use safety zones. For each
land use safety zone, there are use restrictions. See Minnesota Rule 8800.2400, Subp. 6.
Finally, Minnesota Rule 8800.2400, Subp. 7 relates to noise sensitivity zones.
P:\Home\1610.031-MAC Airport Zoning&Expansion\2009 02 25-MTF-Re Zoning Rules.doc
..............
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IP
Comparison of Airport Zoning Standards set forth in Minnesota Rule 8800.2400 and
Eden Prairie Zoning and Land Uses
There are three land use safety zones described in Minnesota Rule 8800.2400 regarding Airport
Zoning Standards. In the approach zones of a runway, safety zone A extends outward from the end of
the primary surface a distance equal to two-thirds the runway length or planned runway length.
Safety Zone B extends outward from safety zone A a distance equal to one-third the runway length or
the planned runway length. Safety Zone C includes all of the land which is enclosed within the
perimeter of the horizontal zone,which is an imaginary horizontal plane 150 feet above the established
airport elevation,the perimeter of which is constructed by swinging arcs of 10,000 feet radii from the
center of each end of the primary surface of each runway. See Minnesota Rule 8800.2400, Subp. 5. A
following is a summary of the zoning allowed in each safety zone as described by the Minnesota
Department of Transportation:
ZONE A
NO
o Buildings
o Temporary structures
o Exposed transmission lines
o Assembled groups of people
o Or similar other uses
o Use that causes interference with radio or electronic facilities on the airport
o Use causing interference with radio or electronic communications between the airport&
aircraft
o Lighting that makes it difficult for pilots to distinguish between airport lights and other
lights
o Lighting that results in glare in pilot's eyes
o Lighting that impairs visibility in the airport vicinity
OK
o Agricultural crops
o Horticulture
o Raising livestock
o Animal husbandry
o Wildlife habitat
o Outdoor recreation(nonspectator)
o Cemeteries
o Auto parking
ZONE B
NO
o Building Site less than 3 acres
o Assembled groups of people more than 15 per acre
1
o Churches
o Hospitals
o Schools
o Theaters
o Stadiums
o Hotels &Motels
o Trailer courts
o Camp grounds
o Other places of public assembly
o Use that causes interference with radio or electronic facilities on the airport
o Use causing interference with radio or electronic communications between the airport&
aircraft
o Lighting that makes it difficult for pilots to distinguish between airport lights and other
lights
o Lighting that results in glare in pilot's eyes
o Lighting that impairs visibility in the airport vicinity
OK
o Buildings on appropriate sized sites
o Agricultural crops
o Horticulture
o Raising livestock
o Animal husbandry
o Wildlife habitat
o Outdoor recreation(nonspectator)
o Cemeteries
o Auto parking
ZONE C
NO
o Use that causes interference with radio or electronic facilities on the airport
o Use causing interference with radio or electronic communications between the airport&
aircraft
o Lighting that makes it difficult for pilots to distinguish between airport lights and other
lights
o Lighting that results in glare in pilot's eyes
o Lighting that impairs visibility in the airport vicinity
OK
o All other uses below the height restrictions (no structure or tree shall be constructed,
altered or allowed to grow in any airport zone so as to project above the imaginary
airspaces in Rule 8800.2400, Subp. 3. Safety zone C is the horizontal zone,which is an
imaginary horizontal plane 150 feet above the established airport elevation.)
II
The City of Eden Prairie's Comprehensive Plan provides for various densities to accommodate a
number of different zoning districts. Safety Zone A for the Flying Cloud Airport overlaps with the
following land use areas set forth in Eden Prairie's Comprehensive Plan:
1) Church/cemetery
2) low density residential 0-2.5 units/acre
3) park/open space
4) industrial
Safety Zone B for the Flying Cloud Airport overlaps with the following land use areas set forth in
Eden Prairie's Comprehensive Plan:
1) Church/cemetery
2) low density residential 0-2.5 units/acre
3) park/open space
4) industrial
Safety Zone C for the Flying Cloud Airport overlaps with the following land use areas set forth in
Eden Prairie's Comprehensive Plan:
1) low density residential 0-2.5 units/acre
2) medium density residential 2.5/10 units/acre
3) high density residential 10-40 units/acre
4) office
5) industrial
6) neighborhood commercial
7) community commercial
8) regional commercial
9) park open space
10) public/quasi-public
11) golf course
12) church
13) open water
14) right of way
The following chart compares the restrictions of airport zones A and B and Eden Prairie land use areas
for church/cemetery, low density residential,park/open space, and industrial:
Zone A Zone B Church/ Low Density Park/Open Industrial
Cemetery Residential Space
No Buildings or No Building Site Place of Maximum Permits office
Temporary less than 3 acres, Worship gross density is uses, public
Structures churches, 2.5 units per facilities and
hospitals, acre services, minor
schools,theaters, commercial uses,
stadiums,hotels gymnasium,
& motels,trailer funeral homes,
courts, camp office uses, and
grounds, other showrooms
places of public
assembly
No Exposed
transmission lines
No Assembled No assembled Churches Probably only Potentially Given permitted
groups of people groups of more regularly small groups of large uses, assembled
than 15 people have assembled groups of groups of people
per acre assemblies people assembled are allowed
of people people in
parks
No Use that causes interference with Places of Permits antennas
radio or electronic facilities on the worship and towers.
airport or and
cemeteries
Use causing interference with radio or are
electronic communications between the allowed in
airport& aircraft public
districts.
Public
Districts
also
permit
antennas
and
towers.
No Lighting that makes it difficult for
pilots to distinguish between airport Eden Prairie Code Section 11.03, Subd. 4 E., provides:
lights and other lights or
"Glare, whether direct or reflected, such as from spotlights or
Lighting that results in glare in pilot's high temperature processes, and as differentiated from general
eyes or illumination, shall not be visible beyond the limits of the
immediate site from which it originates."
Lighting that impairs visibility in the
airport vicinity
�
|
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Aviation: Min
nesota of Transportation -u��-
�e. lofl
Airport Zoning
Zbninq.IStud\eo Forms I Airport Land Use Compatibility Manual �
Airport Influence N1agq I State Aviation System Plan (SASP),I Planning
J�ZoningContacts �
|
Airport Zoning: /
|n Minnesota,communities i the airport influence enact zoning.A set of Procedural Steps ie prescribed that meets the
requirements set forth inMinnesota Statutes Chapter 3GO sections 38O.001ho36O.074.
�
Land------' --� -' -ndother U ' rtZoningGt ndordoonse�ab|iohedinthe(yNnneau� Ru| 800.2400.Minimum Standard Zones are; Safety Zone A, Safety Zone B. and Sana Safety C.These zones are intended to restrict land
uses that may be hazardous ho the operational safety
of aircraft using the airport, and to protect the safety and property of
people on the ground in the area near the airport.
Simple Example
of AlMort Zoning
Z,:Dnc-C
Click on diagram for use restriction details.
Neighborsfor the Zone A Zone 8|o recommended in reportenbdodThoAJrpo�andita
^�historical- basis Report� dih=shape reeidonfo^/�q�o�Commiaoion (File Size: 16N1BJ.Chaired by General James H. Doolittle,the
Commission made a series of 25 recommendations to President Harry S.Truman on May 16, 1952.
The shape of Z C projection of the horizontal that The
Safety Zone - - h "...Complete andnxcuokmnaUone|ooven�g�yindheairopuceobovedheUn�ed
Fedara|AviaUunAdm|n�ot��mn(r/*+ has �
States...." granted ho the agency by the Air Commerce Act of102U.
Mn/DOT- Office of Aeronautics -Planning, Research& Development Section-Zoning Page 1 of 1
Click on each zone for it's specific restrictions.
Simple Example
of Airport Zoning
B Zone A Pftoroxft,- -xtz-'Mo--- srA Zone A B
Zone C
http://www.dot.state.mn.us/aero/avoffice/planning/zonegraphic.html 3/5/2009
Mn/DOT- Office of Aeronautics -Planning, Research&Development Section- Zoning Page 1 of 1
ZONE A
NO
o Buildings
o Temporary structures
o Exposed transmission lines
o Assembled groups of people
o Or similar other uses
o Use that causes interference with radio or electronic facilities on the airport
o Use causing interference with radio or electronic communications between the airport&
aircraft
o Lighting that makes it difficult for pilots to distinguish between airport lights and other
lights
o Lighting that results in glare in pilot's eyes
o Lighting that impairs visibility in the airport vicinity
OK.
o Agricultural crops
o Horticulture
o Raising livestock
o Animal husbandry
o Wildlife habitat
o Outdoor recreation(nonspectator)
o Cemeteries
o Auto parking
Close This Window
http://www.dot.state.mn.us/aero/avoffice/planning/zonea.html 3/5/2009
Mn/DOT- Office of Aeronautics -Planning,Research&Development Section-Zoning Page 1 of 1
ZONE
NO . .
o Building Site less than 3 acres
o Assembled groups of people more than 15 per acre
o Churches
o Hospitals
o Schools
o Theaters
o Stadiums
o Hotels &Motels
o Trailer courts
o Camp grounds
o Other places of public assembly
o Use that causes interference with radio or electronic facilities on the airport
o Use causing interference with radio or electronic communications between the airport&
aircraft
o Lighting that makes it difficult for pilots to distinguish between airport lights and other
lights
o Lighting that results in glare in pilot's eyes
o Lighting that impairs visibility in the airport vicinity
OK
o Buildings on appropriate sized sites
o Agricultural crops
o Horticulture
o Raising livestock
o Animal husbandry
o Wildlife habitat
o Outdoor recreation(nonspectator)
o Cemeteries
o Auto parking
Close This Window
http://www.dot.state.mn.us/aero/avoffice/planning/zoneb.html 3/5/2009
Mn/DOT- Office of Aeronautics - Planning,Research&Development Section- Zoning Page 1 of 1
ZONE C
NO
o Use that causes interference with radio or electronic facilities on the airport _
o Use causing interference with radio or electronic communications between the airport&
aircraft
o Lighting that makes it difficult for pilots to distinguish between airport lights and other
lights
o Lighting that results in glare in pilot's eyes
o Lighting that impairs visibility in the airport vicinity
OK
o All other uses below the height restrictions
Close This Window •
http://www.dot.state.mn.us/aero/avoffice/planning/zonec.html 3/5/2009
Mn/DOT- Office of Aeronautics -Planning,Research&Development Section- Zoning Page 1 of 1
1
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http://www.dot.state.mn.us/aero/avoffice/plarming/zonegraphic2.html 3/5/2009
1
360.063, 2008 Minnesota Statutes Page 1 of 4
V
2008 Minnesota Statutes
360.063 AIRPORT ZONING; AUTHORITY,PROCEDURE.
Subdivision 1. Enforcement under police power. (a)In order to prevent the
creation or establishment of airport hazards, every municipality having an airport hazard
area within its territorial limits may,unless a joint airport zoning board is permitted under
subdivision 3, adopt, amend from time to time, administer, and enforce,under the police
power and in the manner and upon the conditions hereinafter prescribed, airport zoning
regulations for such airport hazard area,which regulations may divide such area into
zones, and,within such zones, specify the land uses permitted and regulate and restrict
the height to which structures and trees may be erected or allowed to grow.
(b)For the purpose of promoting health, safety, order, convenience, prosperity,
general welfare and for conserving property values and encouraging the most appropriate
use of land,the municipality may regulate the location, size and use of buildings and the
density of population in that portion of an airport hazard area under approach zones for a
distance not to exceed two miles from the airport boundary and in other portions of an
airport hazard area may regulate by land use zoning for a distance not to exceed one mile
from the airport boundary, and by height-restriction zoning for a distance not to exceed 1-
1/2 miles from the airport boundary.
(c)The powers granted by this subdivision may be exercised by metropolitan
airports commissions in contiguous cities of the first class in and for which they have
been created.
(d)In the case of airports owned or operated by the state of Minnesota such powers
shall be exercised by the state airport zoning boards or by the commissioner of
transportation as authorized herein.
Subd. 2.[Repealed, 1976 c 255 s 6]
Subd. 3. Joint airport zoning board. (a) Where an airport is owned or controlled
by a municipality and an airport hazard area appertaining to the airport is located within
the territorial limits of another county or municipality,the municipality owning or
controlling the airport may request a county or municipality in which an airport hazard
area is located:
(1)to adopt and enforce airport zoning regulations for the area in question that
confoitu to standards prescribed by the commissioner pursuant to subdivision 4; or
(2)to join in creating a joint airport zoning board pursuant to paragraph(b). The
owning or controlling municipality shall determine which of these actions it shall request,
except as provided in paragraph(e)for the Metropolitan Airports Commission. The
request shall be made by certified mail to the governing body of each county and
municipality in which an airport hazard area is located.
(b) Where an airport is owned or controlled by a municipality and an airport hazard
area appertaining to the airport is located within the territorial limits of another county or
https://www.revisor.leg.state.mn.us/statutes/?year=2008&id=360.063 3/5/2009
360.063, 2008 Minnesota Statutes Page 2 of 4
municipality,the municipality owning or controlling the airport and the county or
other municipality within which the airport hazard area is located may, by ordinance or
resolution duly adopted, create a joint airport zoning board,which board shall have the
same power to adopt, administer, and enforce airport zoning regulations applicable to the
airport hazard area in question as that vested by subdivision 1 in the municipality within
which the area is located. A joint board shall have as members two representatives
appointed by the municipality owning or controlling the airport and two from the county
or municipality, or in case more than one county or municipality is involved two from
each county or municipality, in which the airport hazard is located, and in addition a chair
elected by a majority of the members so appointed. All members shall serve at the
pleasure of their respective appointing authority.Notwithstanding any other provision of
law to the contrary, if the owning and controlling municipality is a city of the first class it
shall appoint four members to the board, and the chair of the board shall be elected from
the membership of the board.
(c)If a county or municipality,within 60 days of receiving a request from an owning
or controlling municipality pursuant to paragraph(a), fails to adopt, or thereafter fails to
enforce,the zoning regulations or fails to join in creating a joint airport zoning board,the
owning or controlling municipality, or a joint airport zoning board created without
participation by the subdivisions which fail to join the board,may itself adopt, administer,
and enforce airport zoning regulations for the airport hazard area in question. In the event
of conflict between the regulations and airport zoning regulations adopted by the county
or municipality within which the airport hazard area is located, section 360.064,
subdivision 2, applies.
(d) "Owning or controlling municipality," as used in this subdivision,includes:
(1) a joint airport operating board created pursuant to section 360.042 that has been
granted all the powers of a municipality in zoning matters under the agreement creating
the board;
(2) a joint airport operating board created pursuant to section 360.042 that has not
been granted zoning powers under the agreement creating the board;provided that the
board shall not itself adopt zoning regulations nor shall a joint airport zoning board
created at its request adopt zoning regulations unless all municipalities that created the
joint operating board join to create the joint zoning board; and
(3)the Metropolitan Airports Commission established and operated pursuant to
chapter 473.
(e)The Metropolitan Airports Commission shall request creation of one joint airport
zoning board for each airport operated under its authority.
Subd. 4. Airport approach. The commissioner may recommend an airport
approach plan for each publicly owned airport in the state and for each privately owned
airport of the publicly owned class and from time to time recommend revisions of the
plan. A plan shall indicate the circumstances in which structures or trees are or would be
https://www.revisor.leg.state.mn.us/statutes/?year=2008&id=360.063 3/5/2009
360.063, 2008 Minnesota Statutes Page 3 of 4
airport hazards,the airport hazard area, and what measures should be taken to
eliminate airport hazards. The commissioner shall prescribe airport approach and turning
standards for airports of various classes, and airport zoning regulations adopted by a
municipality,county, or joint airport zoning board shall conform to the standards, except
as provided in sections 360.065 and 360.066.
II
Subd. 5.[Repealed, 1976 c 255 s 6]
Subd. 6. Procedure when zoning board fails to act. If a municipality, county, or
joint airport zoning board fails to adopt within a reasonable time airport zoning
regulations in accordance with the provisions of sections 360.011 to 360.076, or adopts
regulations or amendments which do not conform to the standard prescribed by the
commissioner,the commissioner may, for the protection of the public safety, adopt or
supplement and from time to time as may be necessary amend, supplement, or repeal the
regulations for the municipality or county until airport zoning rules provided for in
sections 360.011 to 360.076, are adopted by the municipality, county, or joint airport
zoning board. The commissioner shall have the same powers with reference to the airport
zoning regulations as are granted in sections 360.011 to 360.076,to municipalities,
administrative boards, and boards of adjustment. An action of the commissioner taken
under this subdivision is subject to review by the courts as provided in section 360.072.
Subd. 6a. Review of variance when board of adjustment fails to act. On
receiving notice that an airport zoning variance has been granted by reason of the failure
of a board of adjustment to act on the variance as provided in section 360.067,
subdivision 2,the commissioner shall review the application and may amend or rescind
the variance on finding that this action is required to protect the public safety.No action
of the commissioner pursuant to this subdivision shall be effective unless the
commissioner notifies the applicant of that action within 60 days after receiving notice
that the variance was granted. Any action taken by the commissioner pursuant to this
subdivision shall be subject to review by the courts as provided in section 360.072.
Subd. 7. Airport zoning board for each airport. (a) Where an airport is owned or
operated by the state of Minnesota, a state airport zoning board shall be created for each
airport,which board shall have the same power to adopt, administer, and enforce airport
zoning rules applicable to the airport hazard area of such airport as that vested by
subdivision 1 in the municipality. Each board shall consist of the commissioner of
transportation, or a member of staff appointed by the commissioner, who shall be chair;
one member appointed by the county board who may be a member of the county board,
of each county in which an airport hazard area is located; and one member appointed by
the governing body of each municipality located within the area to be zoned. If the area to
be zoned is located entirely within one county and no municipality is located within the
area to be zoned,then the duly designated members shall select a third member who shall
be a resident of the county. The members of such board shall serve for a period of three
years beginning January 1 following their appointment and until their successors are
appointed and qualified.
(b) The zoning rules shall be adopted by an order of the board signed by a majority
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of its members. Such order shall be published once in a legal newspaper in the
county in which the airport is located and shall become effective ten days following the
date of its publication. A copy of such order shall be filed in the office of the
commissioner of transportation and with the county recorder in each county in which a
zoned area is located.
(c) Any person appointed to serve on a state airport zoning board shall be entitled to
reimbursement for travel and other necessary expenses incurred in performance of duties
on such board which shall be paid from the appropriations made to the Department of
Transportation.
Subd. 8. Airport zoning board authority after failure to appoint member. If any
county board or municipality fails to appoint the member to be appointed by it in the
creation of a state airport zoning board within 30 days after requested to do so by the
commissioner of transportation,the state airport zoning board, consisting of the
remaining members in case more than one county is involved, or the commissioner of
transportation in case no board is created, shall have the same power to adopt, administer,
and enforce airport zoning rules applicable to an airport hazard area in such county,as that
conferred upon the commissioner in subdivision 6.
History: 1945 c 303 s 26; 1951 c 116 s 2-4; 1957 c 610 s 1; 1976 c 166 s 7; 1976 c
181 s 2; 1976 c 255 s 1,2; 1977 c 236 s 1; 1978 c 674 s 58; 1979 c 302 s 2; 1983 c 326 s
4-6; 1985 c 248 s 70; 1986 c 444
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Minnesota Administrative Rules
88001200 CRITERIA FOR DETERMINING AIR NAVIGATION
OBSTRUCTIONS.
Subpart 1.Application.An existing object, including a mobile object,is, and a
future object would be, an obstruction to air navigation if it is of greater height than any
of the heights or surfaces established herein.
Subp. 2.Traverse ways.Except for traverse ways whose activities are coordinated
with adjacent controlled airports, the standards of this part apply only after the heights of
traverse ways are increased by: 17 feet for interstate highways; 15 feet for all other public
roadways; ten feet or the height of the highest mobile object that would normally traverse
the road,whichever is greater, for private roads; 23 feet for railroads; for waterways and
all other traverse ways not previously mentioned, an amount equal to the height of the
highest mobile object that would normally traverse it.
Subp. 3. [Repealed,L 2003 1Sp19 art 2 s 79]
Subp. 4.General obstructions.The following objects will be considered general
obstructions to air navigation:
A.objects extending more than 500 feet above ground level at the site of the
object;
B.objects more than 200 feet above the ground or more than 200 feet above the
established airport elevation, whichever gives the higher elevation,within three nautical
miles of the nearest runway of an airport, and increasing in height in the proportion of
100 feet for each additional nautical mile of distance from the airport but not exceeding a
maximum of 500 feet above ground;
C.objects which would increase the minimum obstruction clearance altitude of
a federal airway or approved off-airway route;
D.objects whose elevation will increase a precision or nonprecision instrument
approach flight altitude minimum or flight visibility minimum.
Subp. 5. Obstructions to public airports.An object will be considered an
obstruction to a public airport(excluding seaplane bases and heliports) if it is of greater
height than any of the following airport imaginary surfaces:
A.Primary surface: an imaginary surface longitudinally centered on a runway
and extending 200 feet beyond each end of a runway with a specially prepared hard
surface or coinciding with each end of other runways.
The width of the primary surface is 120 feet for visual runways at special-purpose
airports, 250 feet for visual utility runways, or 500 feet for nonprecision instrument
runways and for visual runways other than utility, or 1,000 feet for precision instrument
runways and for nonprecision instrument runways having visibility minimums as low as
three-fourths of a statute mile.
The primary surface for each end of a runway has the same arithmetical value. The
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value is the highest determined for either end of the runway.
The elevation of any point on the primary surface is the same as the elevation of the
nearest point on the runway centerline.
B.Horizontal surface: an imaginary horizontal plane 150 feet above the
established airport elevation,the perimeter of which is constructed by swinging arcs of
specified radii from the center of each end of the primary surface of each runway and
connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is:
(1)5,000 feet for all runways designated as utility or visual; and
(2) 10,000 feet for all other runways. The radius of the arc specified for
each end of a runway has the same arithmetical value. The value is the highest
determined for either end of the runway. When a 5,000-foot arc is encompassed by
tangents connecting two adjacent 10,000-foot arcs,the 5,000-foot arc must be disregarded
in the construction of the perimeter of the horizontal surface.
C. Conical surface: an imaginary conical surface extending upward and outward
from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of
4,000 feet as measured radially outward from the periphery of the horizontal surface.
D.Approach surface: an imaginary surface longitudinally centered on the
extended centerline at each end of a runway. The inner edge of the approach surface is at
the same width and elevation as, and coincides with,the end of the primary surface.
The approach surface inclines upward and outward at a slope of: 15:1 for a
horizontal distance of 3,000 feet for visual runways at special-purpose airports, 20:1 for a
horizontal distance of 5,000 feet for utility runways and visual other than utility runways,
or 34:1 for a horizontal distance of 10,000 feet for all nonprecision instrument runways
other than utility.
The approach surface expands uniformly to a width of 1,020 feet at a distance of
3,000 feet from the end of the primary surface for visual runways at special-purpose
airports, or 1,250 feet for visual utility runways, or 1,500 feet for visual runways other
than utility, or 2,000 feet for utility runways with a nonprecision instrument approach, or
3,500 feet for nonprecision instrument runways other than utility,having visibility
minimums greater than three-fourths statute mile, or 4,000 feet for nonprecision
instrument runways other than utility, having visibility minimums as low as three-fourths
of a statute mile.
E.Precision instrument approach surface: an imaginary surface longitudinally
centered on the extended centerline at the end of a precision instrument runway. The
inner edge of the precision instrument approach surface is at the same width and elevation
as, and coincides with,the end of the primary surface. The precision instrument approach
surface inclines upward and outward for a horizontal distance of 10,000 feet at a slope of
50:1, expanding uniformly to a width of 4,000 feet,then continues upward and outward
for an additional horizontal distance of 40,000 feet at a slope of 40:1, expanding
uniformly to an ultimate width of 16,000 feet.
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F.Transitional surface: an imaginary surface extending upward and outward at
right angles to the runway centerline and the runway centerline extended at a slope of 4:1
for visual runways at special-purpose airports, or 7:1 for all other runways. The
transitional surfaces incline upward and outward from the sides of the primary surfaces
and from the sides of the approach surfaces until they intersect the horizontal surface or
the conical surface. Transitional surface for those portions of the instrument approach
surface that project through and beyond the limits of the conical surface extend a distance
of 5,000 feet measured horizontally from the sides of the approach surface and at right
angles to the extended instrument runway centerline.
Subp. 6.Obstructions to public heliports.An object will be considered an
obstruction to a public heliport if it is of greater height than any of the following heliport
imaginary surfaces:
A.Heliport primary surface: the primary surface of a heliport coincides in size
and shape with the designated takeoff and landing area. This surface is a horizontal plane
at the elevation of the established heliport elevation.
B.Heliport approach surface: the heliport approach surface begins at each end
of the primary surface,with the same width as the primary surface and extends outward
and upward at a slope of 8:1 for a horizontal distance of 4,000 feet where its width is 500
feet.
C.Heliport transitional surface: the heliport transitional surfaces extend
outward and upward from the lateral boundaries of the primary surface and from the
approach surfaces at a slope of 2:1 for a distance of 250 feet measured horizontally from
the centerline of the primary and approach surfaces.
Subp. 7. Obstruction marking and lighting.The standards for marking and
lighting structures are contained in FAA Advisory Circular 70/7460-1K, Obstruction
Marking and Lighting, and any subsequent changes. These standards are incorporated by
reference, are not subject to frequent change, and are conveniently available to the public
through the Minitex interlibrary loan system.
Subp. 8.References.See Minnesota Statutes, sections 360.061 et seq. and 360.081
et seq. for airport zoning statutes and for rules of structure height.
Statutory Authority: MS s 360.015; 360.018; 360.03; 369.90
History: L 2003 1 Sp19 art 2 s 79; 30 SR 215
Posted: October 2, 2007
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Minnesota Administrative Rules
880024O(1AIRPORT ZONING STANDARDS.
Subpart 1. Standards.Contained herein are minimum standards for the zoning of
public airports as to airspace, land use safety, and noise sensitivity.
Subp. 2.Airport zoning powers.Any person or governmental body having airport
zoning powers under Minnesota Statutes, sections 360.061 to 360.074 may adopt airport
zoning ordinances, orders, or regulations more restrictive than the minimum zoning
standards set forth herein or in any other applicable law.
Subp. 3.Airspace zones.The following airspace zones are established with relation
to an airport and each runway:
A.Primary zone: all that land which lies directly under an imaginary primary
surface as defined in part 8800.1200, subpart 5, item A.
B.Horizontal zone: all that land which lies directly under an imaginary
horizontal surface as defined in part 8800.1200, subpart 5, item B.
C.Conical zone: all that land which lies directly under an imaginary conical
surface as defined in part 8800.1200, subpart 5, item C.
D.Approach zone: all that land which lies directly under an imaginary approach
surface as defined in part 8800.1200, subpart 5,item D.
E.Precision instrument approach zone: all that land which lies directly under an
imaginary precision instrument approach surface as defined in part 8800.1200, subpart 5,
item E.
F.Transitional zone: all that land which lies directly under an imaginary
transitional surface as defined in part 8800.1200, subpart 5, item F.
Subp. 4.Height restrictions.Except as necessary and incidental to airport operation,
no structure or tree shall be constructed, altered, or allowed to grow in any airport zone so
as to project above any of the imaginary airspace surfaces as established in subpart 3.
Subp. 5.Land use safety zones.The following land use safety zones are established
with relation to an airport and each runway:
Safety zone A: in the approach zones of a runway, safety zone A extends outward
from the end of the primary surface a distance equal to two-thirds the runway length or
planned runway length.
Safety zone B: in the approach zones of a runway, safety zone B extends outward
from safety zone A a distance equal to one-third the runway length or the planned runway
length.
Safety zone C: all that land which is enclosed within the perimeter of the horizontal
zone defined in subpart 3, item B and which is not included in zone A or zone B.
Subp. 6.Use restrictions.In order to restrict those uses which may be hazardous to
the operational safety of aircraft operating to and from an airport, and furtheiiiiore to limit
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population and building density in the runway approach areas,thereby creating
sufficient open space so as to protect life and property in case of accident,the following
use restrictions are applied to the land use safety zones.
A.No use shall be made of any land in any of the safety zones which creates or
causes interference with the operation of radio or electronic facilities on the airport or
with radio or electronic communications between the airport and aircraft, makes it
difficult for pilots to distinguish between airport lights and other lights,results in glare in
the eyes of pilots using the airport, impairs visibility in the vicinity of the airport, or
otherwise endangers the landing,taking off, or maneuvering of aircraft.
B.Zone A shall contain no buildings,temporary structures, exposed
transmission lines, or other similar land use structural hazards, and shall be restricted to
those uses which will not create, attract, or bring together an assembly of persons thereon.
Permitted uses may include,but are not limited to, such uses as agriculture (seasonal
crops), horticulture,raising of livestock, animal husbandry,wildlife habitat, light outdoor
recreation(nonspectator), cemeteries, and auto parking.
C.Zone B shall be restricted in use as follows. Each use shall be on a site
whose area shall not be less than three acres.Each use shall not create, attract, or bring
together a site population that would exceed 15 times that of the site acreage. Each site
shall have no more than one building plot upon which any number of structures may be
erected.
A building plot shall be single,uniform, and noncontrived area, whose shape is
uncomplicated and whose area shall not exceed the following minimum ratios with
respect to the total site area:
Site Area at But Less Ratio of Site Building Plot Maximum Site
Least(Acres) Than(Acres) area to Area square Population(15
Building Plot feet Persons/A)
Area
3 12:1 10,900 45
4 12:1
4 10:1 17,400 60
6 10:1
6 8:1 32,600 90
10 8:1
10 6:1 72,500 150
20 6:1
20 and up 4:1 218,000 300
The following uses are specifically prohibited in zone B: churches, hospitals,
schools,theaters, stadiums,hotels and motels,trailer courts, camp grounds, and other
places of public or semipublic assembly.
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D.Zone C is subject only to the general restrictions contained in item A.
E.The provisions of items B and C shall not apply to land uses, in "established
residential neighborhoods in built up urban areas." Such "established residential
neighborhoods in built up areas" shall be subject to the use restrictions contained in this
paragraph.
(1)Airport safety zoning balances the public interest involved in safety for
persons on the ground, safety of persons traveling in aircraft, and the public interest in
maintaining existing land uses. The legislature has mandated special protection for
existing land uses in "established residential neighborhoods in built up urban areas." The
provisions of items A to D strike the appropriate balance with regard to other land uses
and areas and shall therefore be applied in those cases.
(2)Each governmental authority having airport zoning powers shall
determine which areas located in safety zones A and B of each airport within its
jurisdiction are also located in"established residential neighborhoods in built up urban
areas." In making such determination, the factors enumerated in subitem (4) shall be
considered. Such neighborhoods located in whole or part in safety zones A or B shall be
specifically located on the airport zoning map and shall be legally described in the airport
zoning ordinance. Each governmental authority having airport zoning powers shall
submit its proposed zoning map and ordinance to the commissioner of transportation for
review and approval prior to holding a public hearing or taking other action thereon.
(3)No land use in safety zones A or B and in an area designated as having
been an "established residential neighborhood in a built up urban area" shall be prohibited
by an airport zoning ordinance except as provided in subitem (5). In addition, any isolated
low density residential building lot or low density residential structure which existed on
January 1, 1978, in an"established residential neighborhood in a built up urban area,"
must either be allowed to continue as a conforming use under the terms of the local
zoning ordinance or must be acquired, altered, or removed as provided in subitem (6). For
this purpose, a low density residential structure shall mean a single family or two family
home and an isolated low density residential building lot shall mean a single lot located in
an area which is zoned for single family or two family residences and in which the
predominant land use is such type of residences.
(4)In determining what constitutes an "established residential
neighborhood in a built up urban area" the governmental unit having zoning powers shall
apply and consider the following criteria in relation to the neighborhood as it existed on
June 30, 1979:
(a)location of the airport;
(b)nature of the terrain within safety zones A and B;
(c)existing land uses and character of the neighborhood around the
airport;
(d)population of the community;
(e)that the average population density in all areas within one mile of
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dwellingunitper acre;
any point on a runway be equal to or greater than one ,
(f)population density near the airport compared with population
density in other areas of the community;
(g)the age and the economic, political, and social stability of the
neighborhood and the community as a whole;
(h)the proximity of supporting school, commercial, religious,
transportation, and other facilities and their degree of integration with residential land
uses;
(i)presence or absence of public utilities including,but not limited to
public central sanitary sewer system electric service and gas mains;
(j)whether or not the factors listed in units (h) and (i) tend to make
the community surrounding the airport a self sufficient unit;
(k)whether the areas within one mile of the perimeter of the airport
property would be considered primarily residential in character; and
(1)other material factors deemed relevant by the governmental unit in
distinguishing the area in question as established,residential,urban, and built up.
(5)Safety hazards: The following land uses if they exist in safety zones A
or B and in an "established residential neighborhood in a built up urban area" are
considered by the commissioner to constitute airport safety hazards so severe, either to
persons on the ground or to the air traveling public, or both, that they must be prohibited
under local airport zoning ordinances:
(a)any structure which a person or persons customarily use as a
principal residence and which is located entirely within safety zone A and within 1,000
feet of the end of the primary zone;
(b)any structure which a person or persons customarily use as a
principal residence and which is located entirely within safety zone A or B and which
penetrates an imaginary approach surface as defined by part 8800.1200, subpart 5, item
D;
(c)any land use in safety zone A or B which violates any of the
following standards: the land use must not create or cause interference with the operation
of radio or electronic facilities on the airport or with radio or electronic communications
between the airport and aircraft;the land use must not make it difficult for pilots to
distinguish between airport lights and other lights; and the land use must not result in
glare in the eyes of pilots using the airport or impair visibility in the vicinity of the
airport;
(d)any isolated residential building lot zoned for single family or two
family residences on which any structure, if built,would be prohibited by unit(a), (b), or
(c). An "isolated" residential building lot is one located in an area in which the
predominant land use is single family or two family residential structures; and
(e)any other land use which presents, in the opinion of the
commissioner, a material danger to the landing,taking off, or maneuvering of aircraft or
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to the safety of persons on the ground. In making such a determination,the
commissioner shall consider the following factors:
i. possibility that the land use may contribute to or cause a
collision of two or more aircraft or an aircraft and some other object;
ii. possibility that the land use may, in case of an aircraft
accident, cause an explosion, fire, or the release of harmful or noxious fumes, gases, or
substances;
iii. tendency of the land use to increase the number of persons
that would be injured in case of an aircraft accident;
iv. effect of the land use on availability of clear areas for
emergency landings; and
v. flight patterns around the airport,the extent of use of the
runway in question,the type of aircraft using the airport,whether the runways are lighted,
whether the airport is controlled, and other similar factors.
(6)In the case of any land use prohibited by subpart 6,item E, subitem (5)
and which is located in an "established residential neighborhood in a built up urban area"
as defined by the local government unit and reviewed and approved by the commissioner,
the prohibited land use must be acquired, altered, or removed at public expense by the
governmental body which owns the airport. This may be accomplished by an exchange of
land, purchase of development rights, acquisition of easements, or other method to be
negotiated with the landowner or by outright purchase or exercise of eminent domain, if
necessary.
(7)The prohibited uses enumerated in subpart 6, item E, subitem (5) are
only those which present the most severe safety hazards to the air traveling public or
persons on the ground, as the case may be. Local governmental units may also prohibit
other land uses in safety zones A and B as being unsafe to the public. The use restrictions
contained in items A to D provide guidance as to what uses the commissioner deems not
to be public interest in these safety zones. See also subitem(5),units (c) and (e). The
local governmental unit must note the requirement of Minnesota Statutes 1978, section
360.066, subdivision la,paragraphs (a) and(d)that certain prohibited land uses must be
acquired, altered, or removed at public expense.
(8)In the event that the provisions of this item, as reflected in a proposed
local zoning ordinance, would require the acquisition, alteration, or removal of any land
use,then, in such event, at least 60 days prior to the first hearing on adoption of the
ordinance,the local zoning authority shall so notify the airport owner. The airport owner
shall then consider the alternatives of closing a runway,runway realignment or
relocation,runway extension or shortening, and displaced thresholds and shall then
promptly notify the local zoning authority in writing, if it proposes to take any of such
alternative actions.
(9)These rules shall be effective June 30, 1979, except as provided above
as to isolated, low density residential building lots and low density residential structures.
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Subp. 7.Noise sensitivity zones.Land use noise sensitivity zones shall be
established when requested by the commissioner or by the governmental unit having
airport zoning powers. The governmental unit having zoning powers, when required by
the commissioner, shall secure a study as to the boundaries of the area to be zoned for this
purpose and the uses permitted therein.
Statutory Authority: MS s 360.015
Posted: October 2, 2007
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CITY COUNCIL AGENDA DATE:
SECTION: Report of the Director of Community Development April 21, 2009
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.C.1.
Community Development/Planning Garage Sales
Janet Jeremiah
Requested Action:
1. Direct staff not to amend the City code related to garage sales.
Or
2. Direct staff to work with the City Attorney to draft a garage sales ordinance.
Synopsis:
On February 23, 2009, the Planning Commission discussed the following amendments to the
City Code related to garage sales.
• Definition: "Garage Sale" -A sale of used household or personal articles (furniture,
tools, clothing, household appliances, books, sports equipment)held on the seller's own
premises. The term garage sale shall also include "yard sale", "estate sale," "moving
sale," "multi-family sale," "auction," "rummage sale, "tag sale."
• Permitted Districts: Garage sales may occur on properties zoned Rural, R1 and RM
with a dwelling unit or units erected and a Certificate of Occupancy issued.
• Number of Sales per Year: Not more than four(4) garage sales may occur at a
dwelling in a twelve (12) month period.
• Duration of a Garage Sale: No sale shall exceed a period of four(4) consecutive days.
• Items Permitted to be Sold at a Garage Sale: Garage sale items may not include
commercial merchandise designated for retail sales or those items purchased for the sole
intent of resale. The items offered for sale shall consist only of items owned by the
resident of the dwelling, by family members or neighbors within one-thousand feet
(1000') feet of such dwelling.
• Signs: Garage sale signs must comply with Section 11.70 entitled sign permits.
Planning Commission Recommendation:
The Planning Commission first discussed whether the City should have additional regulations on
garage sales. After some discussion the commission agreed that addition rules were need and
concurred with the staff proposal, but for one modification. The commission directed staff to
delete the 1,000 foot requirement and work with the City Attorney on a draft ordinance.
3. The City should not amend the City code related to garage sales.
4. Direct staff to work with the City Attorney to draft a garage sales ordinance.
Attachments
1. Staff Reports
2. Planning Commission Minutes
Staff Report:
TO: Planning Commission
FROM: Michael D. Franzen, City Planner
DATE: February 20, 2009
SUBJECT: Code Amendment - Garage Sales
BACKGROUND
The existing code regulates the number, size, and type of signs permitted for garage sales. The
code currently permits 2 signs, not to exceed 6 square feet allowed in a residential district 1
day prior to sale and removed 1 day after sale, but no longer than 5 days. One sign of 6 square
feet allowed on the premise.
The code is silent on number of sales, length of sales, and types of product that can be
displayed for sales.
The most common complaint relating to garage sales is sale of retail products, for example,
new or discount golf shirts, balls, clubs, bags etc. occurring on a regular basis throughout the
summer.
HOW DO OTHER COMMMUNITES VIEW GARAGE SALES?
Communities that choose to regulate garage sales have performance standards relating to:
(Maple Grove, Bloomington, Edina, Woodbury, and Eagan)
• Definition of a garage sale (varies slightly per city)
• Permitted Districts (residential only in each city)
• Number of sales per year(varies from 2-4)
• Duration of a garage sale (72 hours)
• Items permitted to be sold at a garage sale (owned by resident or friends)
• Signs (removed on termination of sale to 120 hours after posting)
PROPOSED CODE AMENDMENT
The staff would suggest the following language.
Definition: "Garage Sale" - A sale of used household or personal articles (furniture, tools,
clothing, household appliances, books, sports equipment) held on the seller's own premises.
The term garage sale shall also include "yard sale", "estate sale," "moving sale," "multi-family
sale," "auction," "rummage sale, tag sale."
Permitted Districts: Garage sales may occur on properties zoned Rural, R1 and RM with a
dwelling unit or units erected and a Certificate of Occupancy issued.
Number of Sales per Year: Not more than four (4) garage sales may occur at a dwelling in a
twelve (12)month period.
Duration of a Garage Sale: No sale shall exceed a period of four(4) consecutive days.
Items Permitted to be Sold at a Garage Sale: Garage sale items may not include
commercial merchandise designated for retail sales or those items purchased for the sole intent
of resale. The items offered for sale shall consist only of items owned by the resident of the
dwelling, by family members or neighbors within one-thousand feet (1000') feet of such
dwelling.
Signs: Garage sale signs must comply with Section 11.70 entitled sign permits.
DISCUSSION:
1. Should the City regulate garage sales?
2. What is a reasonable number of garage sales per year?
3. What is a reasonable length of time for a garage sale?
4. What items can be sold at a garage sale?
STAFF RECOMMENDATION:
1. The City should not regulate garage sales.
2. Direct staff to work with the City Attorney to draft a garage sales ordinance.
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, FEBRUARY 23, 2009 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jerry Pitzrick,
Peter Rocheford, Kevin Schultz,
Fred Seymour, Ray Stoelting, Jon Stoltz
STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources
Michael Franzen, City Planner
Regina Herron, Planner II
Rod Rue, City Engineer
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m. Rocheford and Schultz were absent.
Stoelting arrived after the approval of the minutes.
II. APPROVAL OF AGENDA
MOTION by Lechelt, seconded by Seymour, to approve the agenda. Motion carried
5-0.
III. MINUTES
PLANNING COMMISSION MEETING HELD ON FEBRUARY 9, 2009
MOTION by Seymour, seconded by Pitzrick, to approve the minutes. Motion carried
4-0. Kirk abstained.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
VIII. PLANNERS' REPORT
EDEN PRAIRIE PLANNING COMMISSION MINUTES
February 23, 2009
Page 2
A. Garage Sale Ordinance
Franzen stated the City does not have any rules or regulations on garage sales,
other than where, when and how many signs can be put up. He also stated they
asked other cities in the metro area if they had any regulations and the results can
be seen in the staff report. The proposed amendment would define the term
"garage sale", address permitted districts, the number of sales per year, the
duration of a garage sale, and items permitted to be sold at a garage sale. These
items are listed on page 1 and 2 of the staff report. The Commission Members
should consider the following questions for discussion. Should the City regulate
garage sales? What is a reasonable number of garage sales per year? What is a
reasonable length of time for a garage sale? What items can be sold at a garage
sale? Franzen stated there are relatively few complaints on garage sales.
Stoltz asked if there where any time regulations, as to when a garage sale could
start. Franzen said it is usually 7 or 8 a.m. when the garage sales typically start.
Stoltz asked how many signs are allowed for a garage sale. Franzen said the code
currently permits 2 signs, not to exceed 6 square feet.
Stoelting asked what complaints the City has been getting regarding garage sales.
Franzen said it would be the seller complaining about the City taking down their
signs because they had more than two.
Pitzrick asked how the garage sales are monitored in the communities which have
an ordinance. Franzen stated it would have to be a pretty big problem for a city to
come out and monitor garage sales.
Lechelt asked where the signs can be placed, so they cannot be removed by the
City. Franzen said they are only removed if they are in the right of way.
Stoltz asked the Commission Members their thoughts on question one; should the
City regulate garage sales. Pitzrick and Kirk stated yes. Lechelt asked what
percent of the other cities regulate garage sales. Franzen stated about half of the
cities looked at regulated their garage sales. Lechelt asked how many complaints
the City had last year in regards to garage sales. Franzen said there were two
complaints and they were in regards to signage. Lechelt stated no, she did not
what the City to regulate garage sales. Seymour also agreed with Lechelt.
Stoelting stated he was on the fence with this and would want to see more
complaints to have this put into place; he voted no.
Kirk stated he wanted this in place as a guideline if neighbors do have any
complaints. He stated it would serve as a community standard. Pitzrick agreed it
is much easier in the occasional situation where there is a complaint to have a
standard on the books which can be easily responded to.
EDEN PRAIRIE PLANNING COMMISSION MINUTES
February 23, 2009
Page 3
Stoltz asked if the Staff felt we needed a Garage Sale Ordinance. Franzen said
this was brought up at the City Council meeting and he told them the City is just
regulating signs, but stated to them it would be discussed at the Planning
Commission meeting.
Stoelting asked if more than four garage sales could be done in one year. Franzen
said if someone already had four and wanted another, the City would not know
about it unless the neighbors complain.
Stoelting said after listening to the discussion, he would like guidance. Stoltz also
agreed with Stoelting. Given the information, the Commission stated they would
like to have the City regulate garage sales.
Stoltz asked the Commission Members what they felt was a reasonable amount of
garage sales per year. Stoelting said he would like this to be flexible. Seymour
asked if they have to put a number on this. Franzen said there should be some
number put on this, but to make it a reasonable number. Kirk also agreed there
should be a number put on the amount of garage sales allowed per year. Pitzrick
said the neighbors will dictate if the number is unreasonable; if they complain if
the neighbor has more than four per year, the City would have a basis to go by.
The Members concurred 4 garage sales was a reasonable amount per year.
Stoltz asked the Members what a reasonable length of time for a garage sale
would be. The Members concurred 4 days would be a reasonable length of time.
Pitzrick suggested putting hours on the garage sale, and suggested 7:00 a.m. to
7:00 p.m. The Members agreed with Pitzrick.
Stoltz asked what items could be sold at a garage sale. Lechelt asked Franzen for
a definition of what"used"means; and asked if an item could be bought new at a
store and then be sold at a garage sale. Franzen stated it would never get to the
point where the City would go out and check items being sold at a garage sale.
Kirk said he liked the definition of what was said in the staff report, "garage sale
items may not include commercial merchandise designated for retail sales or
those items purchased for the sole intent of resale. The items offered for sale shall
consist only of items owned by the resident of the dwelling, by family members
or neighbors. He said he would like this part of the sentence omitted, "within
one-thousand feet(1000') of such dwelling. The Commission Members
concurred with Kirk they liked the definition of items permitted and agreed to
omit the part of the sentence, "within one-thousand feet(1000') of such dwelling.
Stoelting asked once there is a draft form would it be published in the paper?
Franzen said it will be published in the paper and he would also bring it to the
City Council as an informational item. Stoltz asked if it would be brought back
for a public hearing. Franzen stated it would be brought back for a public hearing
after being published in the paper.
EDEN PRAIRIE PLANNING COMMISSION MINUTES
February 23, 2009
Page 4
MOTION by Kirk, seconded by Stoelting, to move to direct Staff to work with
the City Attorney to prepare a draft ordinance for a public hearing. Motion
carried 6-0.
Franzen stated at the March 9th meeting, there will be a modification for rules and
regulations for Heritage Preservation. There will also be a public hearing for a code
amendment for surfaces.
IX. MEMBERS' REPORT
X. CONTINUING BUSINESS
XI. NEW BUSINESS
XII. ADJOURNMENT
MOTION by Stoelting, seconded by Kirk, to adjourn the meeting. Motion carried
6-0.
There being no further business, the meeting adjourned at 7:43 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Reports of the Community Development Director April 21, 2009
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.C.2.
Community Development Approve Use of CDBG Funds for
Janet Jeremiah, Director Renovation of PROP New Location
Molly Koivumaki, Housing and
Human Services Manager
Requested Action
Move to: Approve the use of up to $50,000 in CDBG funds to make renovations necessary at
the new PROP site located at 14700 Martin Drive, Eden Prairie.
Synopsis
PROP has acquired a property at 14700 Martin Drive which they expect to begin operating from
in the summer of 2009. Some modifications are needed to make the building fully functional as
a food shelf and service center. These modifications include the addition of handicapped
accessible doors, removal of a wall and construction of a wall.
The CDBG grant for this project will come from the $100,000 in program income which has
been generated by other CDBG funded program. This grant will be structured as those that have
been made to the ABC Foundation and the Edendale Residence for rehabilitation projects.
Background Information
PROP has served Eden Prairie residents for over 30 years. PROP has now outgrown the space it
has occupied within the City Center and acquired a new site on Martin Dr.
Attachment
Use of Funds Agreement
CITY OF EDEN PRAIRIE
REHABILITATION DEFERRED
GRANT PROGRAM AGREEMENT
THIS AGREEMENT, made and entered into this day of
2009, by and between People Reaching Out to Other People, Inc., a Minnesota non-profit corporation
having its principal place of business at 14700 Martin Drive, Eden Prairie, Minnesota 55346 (hereinafter
referred to as "Recipient"), and the City of Eden Prairie, a body corporate and politic of the State of
Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344,
(hereinafter referred to as the"City").
WHEREAS, Recipient owns the property legally described on attached Exhibit A and
hereinafter referred to as the"Real Property" and;
WHEREAS, Recipient owns and operates the Real Property for the purpose of providing Eden
Prairie residents in need with food and financial assistance and to provide support toward self
sufficiency; and
WHEREAS, the City intends through this Grant Agreement to provide Recipient with Fifty
Thousand and no/100 dollars ($50,000.00) as a grant (hereinafter referred to as "the Grant") for
rehabilitation work on the Real Property as described herein; and
WHEREAS, Recipient and the City desire to set forth the terms under which the Grant shall be
provided by City to Recipient.
NOW, THEREFORE, in consideration of said Grant, the receipt and sufficiency of which is
hereby acknowledged by Recipient, and in accordance with Minnesota Statutes, the parties hereto do
hereby agree as follows:
1. Ilse of Grant Proceeds Recipient shall use the Grant proceeds solely to perform rehabilitation
work (the"Work") on the Real Property. Said Work shall be to improve the conditions relating
to health, safety, and energy efficiency of the Real Property, or provide essential accessibility
improvements to the Real Property. All Work shall be subject to the City's approval.
2. Repayment of Grant Proceeds. Recipient agrees to the following repayment obligations:
2.1. If the Real Property, as identified on Exhibit A, is sold, transferred, or otherwise
conveyed (whether by deed, contract for deed, or otherwise), and whether voluntary or
involuntary, within five (5) years from the date of this Agreement, Recipient shall repay
the principal sum of the Grant.
2.2. If the Real Property, as identified on Exhibit A, ceases for any reason to be used by
Recipient within five (5) years from the date of this Agreement, Recipient shall repay the
principal sum of the Grant.
2.3. If Recipient ceases operations for any reason within five (5) years after the date of this
Agreement, Recipient shall repay the principal sum of the Grant.
2.4. Recipient shall give written notice to the City thirty (30) days prior to the occurrence of
any of the events listed in Paragraphs 2.1 through 2.3, and repayment shall be made by
Recipient immediately upon the occurrence of any of said events.
2.5. In the event repayment is required, Recipient agrees to pay interest on principal sum of
the Grant at the rate of five percent (5%) per annum.
2.6. Payments shall be delivered to the office of the City, or at such other place as the City
may designate.
3. Recipient's Covenants Recipient covenants with the City that Recipient is eligible for the Grant
under the following conditions:
3.1. The Real Property is owned by Recipient as of the date of the Grant, and Recipient has
no present intention to rent the Real Property, or to sell, assign, or transfer Recipient's
interest in the Real Property to another; and
3.2. The proceeds of the Grant will be used only for the Work described in Paragraph 1; and
3.3. Recipient has made no material misstatement of fact in connection with Recipient's
application for the Grant.
4. Grant of Lien As security for Recipient's covenant and obligation for repayment as herein
provided, Recipient hereby grants, and the City shall and hereby does have, a lien on the Real
Property (the "Lien"), together with all hereditament and appurtenances thereto, in the full
amount necessary to satisfy Recipient's repayment obligation and the cost, including reasonable
attorney fees of collecting the same.
5. Events of Default Any one of the following shall constitute an event of default:
•
5.1. Recipient's failure to cure a breach of any covenant, term or condition contained in this
Agreement for a period of thirty (30) days after written notice, specifying the breach and
requesting that it be cured, given to Recipient by the City, unless the City shall agree in
writing to an extension of such time prior to its expiration.
5.2. If any representation or warranty made by Recipient herein shall prove at any time to be,
in any material respect, incorrect or misleading as of the date made.
5.3. The adjudication of Recipient as bankrupt by a court of competent jurisdiction, or the
entry by such a court of an order approving a petition seeking reorganization of
Recipient under the federal bankruptcy laws or any other applicable law or statute of the
United States of American or any State thereof; or the appointment by such a court of a
trustee or receiver or receivers of Recipient or of all or any substantial part of its
property upon the application of any creditor in any insolvency or bankruptcy proceeding
or other creditor's suit.
5.4. The filing by Recipient of a petition in voluntary bankruptcy or the making by it of a
general assignment for the benefit of creditors or the consenting by it to the appointment
of a receiver or receivers of all or any substantial part of the property of Recipient; or the
filing by Recipient of a petition or answer seeking reorganization under the federal
bankruptcy laws or any other applicable law or statute of the United States of America
or any State thereof; or the filing by Recipient of a petition to take advantage of any
debtor's act.
6. City's Remedies Whenever Recipient is in default under this Agreement, the City may exercise
any one or more of the remedies below.
6.1. The City may declare the principal sum of the Grant, plus all other amounts that may be
owed by Recipient to the City pursuant to this Agreement, to be immediately due and
payable. Recipient hereby confesses judgment in said amount, and hereby authorizes and
empowers the City to enter said judgment.
6.2. The City may, in its sole discretion, foreclose on the Real Property by judicial
proceedings or sell the Real Property at public auction and convey the same to the
purchaser in fee simple in accordance with Minnesota statutes, and out of the moneys
arising from such sale retain all sums secured hereby, with interest and all legal costs and
charges of such foreclosure and the maximum attorney fee permitted by law, which
costs, charges and fees Recipient herein agrees to pay.
6.3. The City may take whatever action at law or in equity may appear necessary or
appropriate to collect the principal sum of the Grant, plus all other amounts that may be
owed by Recipient to the City pursuant to this Agreement, or to enforce performance
and observance of any obligation, agreement or covenant of Recipient under this
Agreement.
6.4. No remedy herein conferred is intended to be exclusive of any other available remedy or
remedies, but each and every such remedy shall be cumulative and shall be in addition to
every other remedy given under this Agreement or now or hereafter existing at law or in
equity by statute. No delay or omission to exercise any right or power accruing upon
any default shall impair any such right or power or shall be construed to be a waiver
thereof, but any such right and power may be exercised from time to time and as often as
may be deemed expedient. In order to entitle the City to exercise any remedy set forth in
this Agreement, it shall not be necessary to give any notice, other than such notice as
may be herein expressly required or required by applicable law.
7. Attorney's Fees In the event Recipient should default under any of the provisions of this
Agreement and the City should employ attorneys or incur other expenses for the collection of
the amounts due hereunder or the enforcement of performance of any obligation or agreement
on the part of Recipient, Recipient will on demand pay to the City the reasonable fee of such
attorneys and such other expenses so incurred.
8. Agreement to Run with the Land This Agreement shall run with the aforementioned Real
Property and shall inure to the benefit of and be binding upon the parties hereto and their
respective heirs, executors, representatives, successors and assigns. Wherever used, the singular
shall include the plural, and the plural shall include the singular. All covenants and agreements
of Recipient shall be joint and several.
9. Severability In the event any provision or clause of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
10. Waiver In the event any covenant, term or condition contained in this Agreement should be
breached by either party and thereafter waived by the other party, such waiver shall be limited to
the particular breach so waived and shall not be deemed to waive any other breach hereunder.
11. Automatic Termination If, after five (5) years from the date of this Agreement, Recipient is not
in default under any terms of this Agreement, Recipient's repayment obligations set forth herein
shall terminate.
12. Notice In addition to any notice required under applicable law to be given in another manner,
any notice provided for in this Agreement shall be effective when mailed by certified mail, return
receipt requested, to the address below or such other address the receiving party may designate
in writing.
To: The City of Eden Prairie
ATTN: City Manager
8080 Mitchell Road
Eden Prairie, Minnesota 55344
To: People Reaching Out to Other People, Inc.
ATTN: Dan Schmid
14700 Martin Drive
Eden Prairie, Minnesota 55346
13. Governing Law This Agreement is deemed made within the State of Minnesota and shall be
governed by and interpreted in accordance with Minnesota law. All disputes arising out of this
Agreement shall be subject to the exclusive jurisdiction of the Minnesota State Courts, and
exclusive venue for any such action shall be in Hennepin County, Minnesota.
14. Rntire Agreement This Agreement constitutes the entire agreement between the parties with
respect to the subject matter hereof and merges all prior discussions between them with respect
to the subject matter hereof. This Agreement may not be modified except by a written
agreement dated subsequent to the date of this Agreement and signed by both parties.
CITY OF EDEN PRAIRIE
By:
Mayor
By:
City Manager
PEOPLE REACHING OUT TO OTHER
PEO L1, INC.
By: GW\
Dan Schmid, Director and Treasurer
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2009, by Phil
Young and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a
Minnesota municipal corporation, on behalf of said corporation.
Notary Public
My Commission Expires:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 1day of Ali, t , 2009, by Dan
Schmid, the Director and Treasurer of People Reaching Out to Other People, Inc., a Minnesota non-
profit corporation, on behalf of said corporation.
s` S♦T'' JEANNE MARIE KARSCHNIA
Not ry Public 4i ``_ " Notary Public-Minnesota
My Commission Expires: €/�t/0(f •�ifl�s=
. My Commission Exp€ros Jan 31,2011
This instrument was drafted by:
Gregerson, Rosow, Johnson&Nilan, Ltd.
650 Third Avenue South, Suite 1600
Minneapolis, MN 55402-4337
(612) 338-0755
P:1Honte11610.553-PROP CDBG Grant\Docwuents12009 04 08-PROP Grant Agreenten1.doc
Exhibit A
Description of the Real Property
Lot 2, Block 1, Edenvale Industrial Park 4th Addition, Hennepin County, Minnesota
CITY COUNCIL AGENDA DATE:
SECTION: Reports of the Public Works Director April 21, 2009
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.E.1.
Eugene A. Dietz Resolution Authorizing Acquisition of
Public Works Easements for Valley View Road
Frontage Road
Requested Action
Move to: Adopt resolution authorizing the City Engineer and City Attorney to pursue
the acquisition of easements necessary for the construction and maintenance of a
frontage road adjacent to Valley View Road between Home Depot and Topview
Road.
Synopsis
During the development approval process of the site that is now Home Depot and the adjacent
office building referred to as the CSM Office Building(CSM), a cross access easement was
established between the two parcels. The final authorization of the two projects occurred
independently, CSM being the latter. When CSM came through the process, we also required
them to provide cross access to the vacant parcel between CSM and Topview Road owned by
Menards. In order to have a functional frontage road for all three parcels, Home Depot must
provide cross access to the Menards parcel. Home Depot is unwilling to do so. This resolution
will allow this access to be obtained through eminent domain procedures.
Background
The issue of providing proper access to the properties along the north side of Valley View Road
between Prairie Center Drive and Topview Road was debated a few years ago when Menards
brought forward an office project. In order to maintain the integrity of Valley View Road by
minimizing the number of full access driveways,the ultimate solution is a frontage road between
the easterly full access driveway of Home Depot and a new access driveway to Topview Road.
Although this configuration was contemplated during the development of the Home Depot store
and CSM, the cross access document signed by Home Depot did not include the Menards parcel.
The City Attorney's office has been working with staff and the attorneys for the three parties to
obtain the approval from Home Depot, but to no avail. A significant impediment is the fact that
Home Depot and Menards are competitors. Home Depot has indicated a willingness to sign a
cross access document if Menards signs a non-compete agreement for the site—impasse. Other
options including taking a"wait and see" approach to verify the ultimate use of the Menards site
and going to court to seek an order to "correct"the Home Depot Development Agreement were
also explored.
In discussions with the CSM and Menards attorneys, their preference is to proceed with
condemnation and resolve the issue now. This would expedite the development review for any
forthcoming project on the Menards parcel.
Financial Issues
Prior to filing the action for condemnation, staff will obtain written consent from CSM and
Menards that the entire cost of the proceedings will be at their expense.
Attachments
• Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2009-
RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS
FOR VALLEY VIEW ROAD FRONTAGE ROAD
WHEREAS, the Eden Prairie City Council has determined that it is in the best interest of its
citizens, the motoring public, the transportation system and for the orderly development of land
to establish a frontage road system along the northerly side of Valley View Road between the
eastern driveway of the property known as Home Depot and Topview Road; and
WHEREAS, a cross access easement over adjoining properties is required to implement a
frontage road configuration; and
WHEREAS, it is the intent that the frontage road be constructed and maintained at the expense
of the properties that it will serve.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the City
Engineer and City Attorney are hereby authorized to acquire, by negotiation or condemnation,
the necessary cross access easements for construction and maintenance of the frontage road over,
on and across the following properties:
Parcels 10-116-22-41-0018, 10-116-22-41-0019 and 11-116-22-32-0004
ADOPTED by the Eden Prairie City Council on April 21, 2009.
Phil Young, Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk