HomeMy WebLinkAboutCity Council - 05/05/2009AGENDA
OPEN PODIUM
TUESDAY, MAY 5, 2009 CITY CENTER
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
II. OPEN PODIUM
III. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, MAY 5, 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 SHERIFF
B. SENIOR AWARENESS MONTH PROCLAMATION
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, APRIL 21, 2009
B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 21, 2009
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. AWARD CONTRACT FOR 2009 STREET BITUMINOUS OVERLAY
PROJECT TO GMH ASPHALT CORPORATION, I.C. 09-5739
C. AWARD CONTRACT FOR 2009 STREET SEALCOATING TO ALLIED
BLACKTOP COMPANY, I.C. 09-5738
D. APPROVE A CONTRACT WITH PRAIRIE ELECTRIC TO UPGRADE
THE ELECTRICAL EQUIPMENT AND CONTROLS IN WELL NO. 2
E. APPROVE A CONTRACT WITH BERGERSON-CASWELL, INC.,
MUNICIPAL WELL DRILLERS, TO PROVIDE THE PUMP EQUIPMENT
FOR WELL NO. 16
CITY COUNCIL AGENDA
May 5, 2009
Page 2
F. APPROVE CONTRACT WITH E. H. RENNER & SONS, INC., TO
PERFORM FLOW RESTORATION MAINTENANCE ON WELL NO. 2,
INSTALL A LARGER MOTOR PUMP, AND ADDITIONAL WELL PIPE
G. ADOPT RESOLUTION APPROVING CONTRACT WITH STATE OF
MINNESOTA FOR INSTITUTION COMMUNITY WORK CREW (ICWC)
H. ACCEPT LEAST COST PROPOSAL FROM TOTAL ENERGY SYSTEMS
FOR 150 KILOWATT GENERATOR TO PROVIDE BACKUP POWER
FOR WELL NO. 2
I. RECEIVE FEASIBILITY STUDY AND ADOPT RESOLUTION SETTING A
PUBLIC HEARING FOR RIVERVIEW ROAD STREET AND UTILITY
IMPROVEMENTS, I.C. 52-157
J. APPROVE SECOND READING OF ORDINANCE AMENDING CITY
CODE CHAPTER 9, SECTION 9.10, RELATING TO FIRE AND
BURGLAR, ROBBERY AND SAFETY ALARM SYSTEMS AND ADOPT
RESOLUTION APPROVING SUMMARY ORDINANCE
K. AWARD CONTRACT TO REPLACE “GARDEN ROOM ROOF” AND THE
“CITY HALL ROOF” AT CITY CENTER TO PETERSON BROTHERS
ROOFING & CONSTRUCTION
L. APPROVE AMENDED CONTRACT AND PLANS & SPECIFICATIONS
AND ORDER ADVERTISEMENT FOR BIDS FOR LOWER MINNESOTA
RIVER WATERSHED DISTRICT STABILIZATION WORK, I.C. 07-5698
M. AWARD BID FOR OVERLAY OF TRAILS TO WILLIAM MUELLER &
SONS
IX. PUBLIC HEARINGS / MEETINGS
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
A. FLYING CLOUD AIRPORT JOINT AIRPORT ZONING BOARD
APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCILMEMBERS
CITY COUNCIL AGENDA
May 5, 2009
Page 3
B. REPORTS OF CITY MANAGER
1. Budget Advisory Commission Recommendations Update
2. ARRA Update
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA
DATE: May 1, 2009
TO: Mayor and City Council
FROM: Scott Neal, City Manager
RE: City Council Meeting for Tuesday, May 5, 2009
___________________________________________________________________________________________
TUESDAY, MAY 5, 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 SHERIFF
Hennepin County Sheriff Richard W. Stanek will provide an update on
his office’s activities.
B. SENIOR AWARENESS MONTH PROCLAMATION
VI. MINUTES
MOTION: Move to approve the following City Council minutes:
A. COUNCIL WORKSHOP HELD TUESDAY, APRIL 21, 2009
B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 21, 2009
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A‐M on the Consent Calendar.
ANNOTATED AGENDA
May 5, 2009
Page 2
A. CLERK’S LICENSE LIST
B. AWARD CONTRACT FOR 2009 STREET BITUMINOUS OVERLAY
PROJECT TO GMH ASPHALT CORPORATION, I.C. 09-5739
C. AWARD CONTRACT FOR 2009 STREET SEALCOATING TO ALLIED
BLACKTOP COMPANY, I.C. 09-5738
D. APPROVE A CONTRACT WITH PRAIRIE ELECTRIC TO UPGRADE THE
ELECTRICAL EQUIPMENT AND CONTROLS IN WELL NO. 2
E. APPROVE A CONTRACT WITH BERGERSON-CASWELL, INC.,
MUNICIPAL WELL DRILLERS, TO PROVIDE THE PUMP EQUIPMENT
FOR WELL NO. 16
F. APPROVE CONTRACT WITH E. H. RENNER & SONS, INC., TO
PERFORM FLOW RESTORATION MAINTENANCE ON WELL NO. 2,
INSTALL A LARGER MOTOR PUMP, AND ADDITIONAL WELL PIPE
G. ADOPT RESOLUTION APPROVING CONTRACT WITH STATE OF
MINNESOTA FOR INSTITUTION COMMUNITY WORK CREW (ICWC)
H. ACCEPT LEAST COST PROPOSAL FROM TOTAL ENERGY SYSTEMS
FOR 150 KILOWATT GENERATOR TO PROVIDE BACKUP POWER FOR
WELL NO. 2
I. RECEIVE FEASIBILITY STUDY AND ADOPT RESOLUTION SETTING A
PUBLIC HEARING FOR RIVERVIEW ROAD STREET AND UTILITY
IMPROVEMENTS, I.C. 52-157
J. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE
CHAPTER 9, SECTION 9.10, RELATING TO FIRE AND BURGLAR,
ROBBERY AND SAFETY ALARM SYSTEMS AND ADOPT RESOLUTION
APPROVING SUMMARY ORDINANCE
K. AWARD CONTRACT TO REPLACE “GARDEN ROOM ROOF” AND THE
“CITY HALL ROOF” AT CITY CENTER TO PETERSON BROTHERS
ROOFING & CONSTRUCTION
L. APPROVE AMENDED CONTRACT AND PLANS & SPECIFICATIONS AND
ORDER ADVERTISEMENT FOR BIDS FOR LOWER MINNESOTA RIVER
WATERSHED DISTRICT STABILIZATION WORK, I.C. 07-5698
M. AWARD BID FOR OVERLAY OF TRAILS TO WILLIAM MUELLER &
SONS
IX. PUBLIC HEARINGS / MEETINGS
ANNOTATED AGENDA
May 5, 2009
Page 3
X. PAYMENT OF CLAIMS
MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote).
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
A. FLYING CLOUD AIRPORT JOINT AIRPORT ZONING BOARD
APPOINTMENTS
Synopsis: The City Council discussed membership on the Joint Airport Zoning Board
at their April 21, 2009, meeting. It was agreed that action on the item would be
considered at the May 5, 2009, City Council meeting.
MOTION: Move to: Accept the request of the Metropolitan Airports
Commission to participate in a Joint Airport Zoning Board for Flying Cloud
Airport and appoint ____________________ and ___________________
to the Joint Airport Zoning Board for Flying Cloud Airport.
XIV. REPORTS
A. REPORTS OF COUNCILMEMBERS
B. REPORTS OF CITY MANAGER
1. Budget Advisory Commission Recommendations Update
2. ARRA Update
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
PROCLAMATION
City of Eden Prairie
Hennepin County, Minnesota
WHEREAS, the increasing number of senior citizens in Eden Prairie bring many
opportunities and challenges for all components of our City – families, businesses, and
government; and
WHEREAS, every segment of our society is influenced by the needs, resources and
expertise of our senior citizens; and awareness improves participation and action; and
WHEREAS, our Eden Prairie seniors play a pivotal role in formal and informal education,
sharing years of accumulated experience and wisdom which will impact our future; and
WHEREAS, the community wishes to celebrate and acknowledge the contributions and
accomplishments of the seniors in our community and recognize the organizations that
serve older adults; and
WHEREAS, Senior Awareness Month recognizes that seniors are an integral part of our
community.
NOW, THEREFORE, the Eden Prairie City Council does proclaim May 2009 to be
SENIOR AWARENESS MONTH
ADOPTED BY the Eden Prairie City Council on this 5th day of May 2009.
ITEM NO.: IV.B
Phil Young, Mayor
on behalf of Council Members:
Brad Aho
Rod Case
Jon Duckstad
Kathy Nelson
ITEM NO.: VI.A.
UNAPPROVED MINUTES
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
Sue Kotchevar presented a PowerPoint on 2008 financial results. She said the City Council
will consider a motion approving transfers at their regular meeting. The audit process and
financial statements are being finalized and the auditor will make a presentation to the City
Council on May 19.
General Fund
Kotchevar reported 2008 General Fund Results are as follows:
Revenues 38,368,960
Expenses 36,740,000
Transfer to Facilities Internal Service Fund 750,000
Transfer to Capital Improvement Fund 94,044
Revenue Less Expense 784,916
Kotchevar said the $784,916 (Revenue Less Expense) will be added to the fund balance.
This allows $750,000 to remain in the fund balance for the 2009 budget the City Council
adopted in December.
Capital Improvement Maintenance Fund (CIMF)
Kotchevar said the CIMF is the fund in which liquor profits, tax levy, and other revenue
sources are accumulated to pay for projects without other funding sources.
Kotchevar reported 2008 CIMF results are as follows:
City Council Workshop
April 21, 2009
Page 2
Pavement
Capital Imp. Maint. Fund CIMF Management Trails Total
Revenues
Misc. Revenue 560,473 560,473
Liquor Transfer 834,884 834,884
Tax Levy 275,515 275,515
Market Value Homestead Credit 228,184 228,184
Interest Income 359,477 47,920 7,397 414,794
Transfer In 1,000,000 185,000 1,585,000
Total Revenue 2,258,533 1,447,920 192,937 3,898,850
Expense
Projects 2,276,002 1,089,306 232,793 3,598,101
Transfer Out 1,660,000 1,660,000
Total Expense 3,936,002 1,089,306 232,793 5,258,101
Revenue Less Expense (1,677,469) 358,614 (40,396) (1,359,251)
CIMF Cash Balance is as follows:
CIMF 7,308,309
CIMF – Trails 146,785
CIMF-Pavement Management 1,695,006
Total 9,150,000
Kotchevar provided two CIMF projections, one based on a $1 million levy and one based on
a $650,000 levy. Both scenarios assume $900,000 in annual liquor revenues and a
calculated interest rate of 2.5 percent. Under the $1 million scenario, the fund will have
about $1 million remaining in 2015. Under the $650,000 scenario, the fund will be depleted
by 2015.
Capital Improvement Program (CIP)
CIP program expenses for 2008 totaled $14,983,620.
Utility Operations
Water usage for 2008 decreased from 3.6 billion gallons in 2007 to 3.3 billion gallons. Sales
revenue was $9,433,254, which represents a 6 percent increase. The increase is due to a rate
increase of ten cents per 1,000 gallons of water and five cents per 1,000 gallons for sewer.
Irrigation revenue increased about $500,000 due to an increase in the rate of one dollar.
Storm Utility Operations
The storm utility rate for residential customers increased from $3.00 to $4.00 per quarter and
the rate for commercial customers increased 33 percent. Sales totaled $800,033, which
represents a 35 percent increase. Operating expenses totaled $881,522.
Liquor Operations
Liquor sales totaled $10,987,111 for a 4.8 percent increase. Net income was $1,063,146.
City Council Workshop
April 21, 2009
Page 3
Discussion
Council Member Case said he has heard that the State is looking at cities’ fund balances and
may consider tapping into those balances as a revenue source. He asked how our balances
compare to other cities. Kotchevar said Eden Prairie’s fund balances are medium to high
compared to other cities, but they are not out of the ordinary.
Council Member Duckstad asked Kotchevar to provide detailed information on the City’s
debt level at a future meeting. He suggested devoting a workshop to the topic. Kotchevar
said staff has modified the budget to push some maintenance projects out a few years to
flatten the level of debt the City will see in 2010 and 2011. Kotchevar said these are
projects that can be deferred without negative long term impacts.
II. DEVELOPMENT REVENUE UPDATE
City Manager Scott Neal gave an update on development and permitting revenues. He
presented graphs comparing the number of development permits issued by month from 2004
through 2008. For most of 2008, the number of permits issued followed the typical pattern
the City saw from 2004-2007; however, in the last quarter of 2008 the number of permit
applications dropped significantly and has not rebounded. Development revenue for 2009
has remained flat at a little over $50,000 per month. City Building Inspector Kevin Schmieg
said that the City usually sees a spike in permit applications in April/May and
September/October though the ranges can vary significantly from year to year. Schmieg
said inspections staff is receiving a lot of questions about home remodeling, but so far has
not experienced an uptick in permit applications. Community Development Director Janet
Jeremiah said there are several large development projects slated for 2009 that are on hold
due to “upside down” financial markets. It is possible some of these projects could begin
construction this year.
Neal said the voluntary early retirement and reduced work schedule options offered to
employees in March generated some interest, but not enough to cover the $300,000 in
staffing reductions needed to help balance the 2009 budget. Neal will work with department
managers to develop a proposal that will likely include staff reductions. This plan will be
presented to the City Council on May 19.
Council Chamber
II. OPEN PODIUM
1. Linda Biemert
Biemert appeared with two other members of her townhome association, which is
near the Eden Prairie Senior Center. She said a tree growing on City property fell
onto the townhome’s property in August 2008. She said she has spoken with several
City staff members about who should be responsible for paying for removal of the
fallen tree. It is the City’s position that it is the responsibility of the property owner
whose property the tree fell onto. The townhome association believes it is the City’s
City Council Workshop
April 21, 2009
Page 4
responsibility. Mayor Young asked City staff to review the issue and make a final
determination on whether or not the City is liable for costs.
1. Dan Wick of Congressman Erik Paulsen’s Office
Wick said he works in Congressman Paulsen’s Eden Prairie Community Outreach
Office. He said their office can help local residents with a variety of things,
including passport issues, flag requests and grant applications. He distributed
business cards with Congressman Paulsen’s contact information.
III. ADJOURNMENT
ITEM NO.: VI.B. UNAPPROVED MINUTES
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, 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 370, sponsored by Pax Christi Catholic Community, for
presenting the colors tonight.
III. COUNCIL FORUM INVITATION
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Neal said there will be an additional item under Proclamations/Presentations presented by
a Relay for Life representative. He added three items under Item XIV.B. In addition, he
said Item VIII.E. regarding the Observatory construction contract should be moved from
the Consent Calendar and discussed as part of Item V.C.2.
MOTION: Aho moved, seconded by Case, to approve the agenda as amended. Motion
carried 5-0.
V. PROCLAMATIONS / PRESENTATIONS
F. RELAY FOR LIFE
Neal said this item will be taken out of order and presented first.
Jody Russell, Co-chair of the American Cancer Society’s Relay for Life, said this
year’s event will be held on July 17. She noted they are in their 14th year in Eden
Prairie, and they have a goal to raise $125,000 this year. She thanked the City for
supporting two teams in this year’s relay and for supporting their ponytail drive to
collect hair to make wigs for cancer patients. She presented the Mayor with an
outdoor sign recognizing Eden Prairie as a Relay for Life community.
CITY COUNCIL MINUTES
April 21, 2009
Page 2
A. HENNEPIN COUNTY LIBRARY UPDATE
Michele McGraw, Manager of the Eden Prairie Library, gave an update on the
library as part of National Library Week. She reviewed the highlights for 2008 and
the initiatives for 2009, noting that the Eden Prairie library had the highest
circulation in the Hennepin County Library system in 2008.
B. ARBOR DAY PROCLAMATION
Mayor Young read a proclamation proclaiming May 2, 2009 as Arbor Day in the
City of Eden Prairie.
C. ACCEPT DONATIONS FOR STARING LAKE OUTDOOR CENTER
OBSERVATORY
Lotthammer said several years ago we were presented with a large telescope
capable of seeing into deep space. Since then we have been on a quest to figure out
a way to house it. Because of the size of the telescope, it needs to have a very stable
base and must be in a protected area. They selected Staring Lake Outdoor Center as
a location for the telescope and have worked with a soils engineer to resolve some
soils issues at that location. Another challenge was to find a funding source. In
response to a couple of articles in the newspapers, two individuals indicated a
desire to contribute to the project.
Lotthammer said we went out to bid on the project recently and were intending to
award the contract to the lowest bidder. We notified the contractor that they were
the apparent low bidder; however, we later received a notification from the
contractor that they were not interested in pursuing the contract. In order to follow
our proper contract procedures, we would need to award the contract to the low bid
contractor and they would have ten days in which to sign the contract. If they
choose not to enter into the agreement, we would then go on to the second lowest
bid contractor. We determined that contractor is interested so we are proceeding
with the process. We have funding sufficient for either the low bid or the second
lowest bid. He said the three motions before the Council tonight are the contract
award and the two donations.
1. Doug Kohrs
Lotthammer said Mr. Kohrs has offered a contribution of $125,000 for the
construction of the Observatory.
Doug Kohrs said, although he is a resident of Edina, he and his wife have
great enthusiasm for the project. He thanked the Mayor and Council
Members for their foresight in accepting the original donation of the
telescope. He wanted to make sure the Eden Prairie community and the
surrounding communities appreciate this asset because it will be an
incredible opportunity for the youth of the community to dream about the
future. Mayor Young thanked Mr. Kohrs for his generosity.
CITY COUNCIL MINUTES
April 21, 2009
Page 3
MOTION: Duckstad moved, seconded by Aho, to accept the donation
from Doug and Carolyn Kohrs in the amount of $125,000 to assist with
funding for Staring Lake Outdoor Center Observatory. Motion carried 5-0.
2. Steve Mohn
Lotthammer said Mr. Steve Mohn was the other individual who came
forward to offer a contribution of $10,000 for the Observatory. Mayor
Young asked Mr. Lotthammer to convey our thanks to Mr. and Mrs. Mohn.
MOTION: Nelson moved, seconded by Case, 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. Motion carried 5-0.
3. Award the Contract for Staring Lake Outdoor Center Observatory to
Hunerberg Construction
MOTION: Case moved, seconded by Aho, to award the contract for the
Staring Lake Outdoor Center Observatory to Hunerberg Construction.
Motion carried 5-0.
D. ACCEPT DONATION FOR THE ART CENTER FROM THE EDEN
PRAIRIE LIONESS CLUB
Lotthammer said the Eden Prairie Lioness Club is donating $3,200 to assist with
funding for equipment at the Art Center. They also informed us they will donate an
additional $1,800 in January 2010. He noted the Friends of the Art Center are very
appreciative of the City Council’s efforts on behalf of the Art Center. Staff has
been working very hard with various organizations to obtain donations and also to
pursue grant opportunities. We are approaching $50,000 in fundraising. The Art
Center has been up and operating on a partial basis for the last couple of weeks.
MOTION: Aho moved, seconded by Nelson, 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. Motion carried 5-0.
E. METROPOLITAN AIRPORTS COMMISSION PRESENTATION
Tim Anderson, representing the Metropolitan Airports Commission (MAC)
introduced the new Manager at Flying Cloud Airport, Jeff Nyrocke. Mr. Anderson
gave a slide show presentation about expansion at Flying Cloud Airport. He said
the north parallel runway was extended to 3900 feet last year in anticipation of the
south parallel runway being shut down this summer in order to expand that runway
to 5000 feet. He reviewed the project schedule, noting the expanded south parallel
runway will be operational in January 2010. They will receive $1,800,000 in
Federal stimulus money to use for the project. He reviewed the type of aircraft that
will be able to use the airport once the runway is expanded to 5000 feet.
CITY COUNCIL MINUTES
April 21, 2009
Page 4
Young said we are scheduled for a community meeting in May with the Airport
Commission and the MAC. Mr. Anderson said it will be held on May 28. Young
thanked him for his participation, noting it is a great value to have the MAC
represented at the meetings. He asked Mr. Anderson if it would be possible to get
someone from the FAA to participate in the meeting as well. Mr. Anderson said he
believes there will be two representatives from the FAA attending the meeting.
Young said later this evening we will be talking about the request from the MAC to
participate in the Joint Airport Zoning Board, and he asked Mr. Anderson if he
planned to stay for that discussion. Mr. Anderson said he would. Young asked if
the issue of indemnification of the City has been resolved should the City choose to
participate in the Zoning Board. Anderson said there will be indemnification to the
City through the MAC as they are considered the primary party in regard to the
Zoning Board.
Young said there has been discussion of expanding the airport for many years, and
it has been almost seven years since the City signed the Final Agreement on the
airport. The question we commonly get is whether it is still necessary to expand the
airport in light of economic conditions today and the changes in the aviation
industry. Anderson said the expansion of the airport was an issue of the types of
aircraft coming to the airport and not numbers of aircraft, and the purpose of the
expansion project is to make sure that in the future when the economy comes back
we have the reliever system ready for the kind of aircraft we want to be ready for.
Case said he believed that perceptually, many people in Eden Prairie do question
the expansion of the airport, and there is still a lot of disagreement with Mr.
Anderson’s statement justifying the expansion. He had questions regarding the
potential discussions about a 6000 foot runway. He was interested in the MAC’s
understanding that both the MAC and the City of Eden Prairie in 2002
contractually promised to publicly stand against the expansion beyond the 5000
feet. Anderson replied to the extent the MAC doesn’t have any legal requirements
to extend the runway farther than that, they will not support or advocate for a
longer runway.
Case said some wording in the MAC Reliever Airport Task Force report seems to
imply the MAC perceives a need to view the two reliever airports as needing a
special designation because the Anoka and Flying Cloud Airports serve a higher
need in the system. The consultant hired by the MAC recommended classifying
Anoka and Flying Cloud airports as Minor II relievers within a 2-tier reliever
system. He asked Mr. Anderson if he would take a public stand against the Flying
Cloud Airport receiving the Minor II status. Anderson said in the days when the
MAC was working on the Task Force report in house and were discussing the
future of reliever airports, they had a discussion that three of the airports (Anoka,
Eden Prairie and Holman Field) were larger than the others. He said that discussion
was used to guide their planning process, and it had nothing to do with runway
lengths because those are dictated by law. The current activity with the
Metropolitan Council in the long range planning process is unrelated to that.
CITY COUNCIL MINUTES
April 21, 2009
Page 5
Case said there is a statement in the MAC’s FEIS on Flying Cloud Airport that
5000 feet is not really sufficient and a larger runway would better serve Flying
Cloud’s needs. He was a little concerned about that and asked if the MAC would
not advocate for anything longer than 5000 feet. Anderson said we have an
agreement that we will not advocate for anything longer than 5000 feet. However,
the MAC would have to abide by a mandate from the legislature to extend the
runway. Case then asked if he would ever testify that a runway longer than 5000
feet would not be needed. Anderson said the Metropolitan Council has
responsibility for planning for our region, and if they come through with a
requirement for 6000 feet for all reliever airports, the MAC would have to say 5000
feet is our agreement and that is not their plan for the airport.
Young asked Mr. Neal about whether Chairman Bell of the Metropolitan Council
indicated that the Met Council had no intention or plans to change the definition of
reliever airports. Neal said that would be his characterization of Chairman Bell’s
letter to us, and he noted it went even further to distance the Met Council from the
work of the consultant and how it was being construed.
Duckstad asked Mr. Anderson if he, as a representative of the MAC, has an
expectation of how the extension and lengthening of the runway may change the
present use of the airport. He asked if it will substantially change anything
according to Mr. Anderson’s expectations by increasing the amount of traffic
takeoff and landings or by changing or increasing the size of aircraft. Anderson said
that he would expect both the number and size of aircraft would increase over time,
and the 5000 foot runway is intended to have slightly bigger aircraft; however, the
MAC has a commitment to not change the nature of the airport.
Nelson said she received a letter from a resident who lives in the western part of
Eden Prairie about the buffer zone around the airport. She asked what kind of effort
will be made to keep as much of the buffer zone as possible or to replant some of it.
Anderson said the trees being taken down now are a result of the need they have to
extend the approach lighting system. An 11-acre site will be impacted by that, and
they will do some replanting of smaller plants in the area when they are done.
Nelson also received some questions about what is being done to mitigate issues
regarding birds. Anderson said we have John Offstrom on staff and he is the Chair
of the Wildlife Committee that deals specifically with wildlife issues. Mr. Offstrom
has worked with the Minneapolis-St. Paul airport and with other reliever airports on
these issues. It takes constant vigilance around airports if there are things that
attract birds, but we have the best people in the world to deal with that.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 17, 2009
MOTION: Duckstad moved, seconded by Case, to approve the minutes of the
Workshop held Tuesday, March 17, 2009, as published. Motion carried 5-0.
CITY COUNCIL MINUTES
April 21, 2009
Page 6
B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 17, 2009
MOTION: Aho moved, seconded by Duckstad, to approve the minutes of the City
Council Meeting held Tuesday, March 17, 2009, as published. Motion carried 5-0.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. APPROVE SECOND READING OF ORDINANCE NO. 3-2009 AMENDING
CITY CODE CHAPTER 9 RELATING TO HOURS OF OPERATION OF
PUBLIC PARKS
C. APPROVE SECOND READING OF ORDINANCE NO. 4-2009 AMENDING
CITY CODE SECTION 2.23 RELATING TO CONSERVATION
COMMISSION ROLES & RESPONSIBILITIES AND ADOPT RESOLUTION
2009-23 APPROVING SUMMARY FOR PUBLICATION
D. ADOPT RESOLUTION NO. 2009-24 APPROVING FINAL PLAT OF
PRESERVE COMMERCIAL PARK NORTH 5TH ADDITION
E. AWARD THE CONTRACT FOR STARING LAKE OUTDOOR CENTER
OBSERVATORY TO HUNERBERG CONSTRUCTION (Item moved to Item
IV.C.3.)
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 NO. 2009-25 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
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Page 7
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 NO. 2009-26 AUTHORIZING ACQUISITION OF
EASEMENTS FOR VALLEY VIEW ROAD FRONTAGE ROAD
MOTION: Case moved, seconded by Aho, to approve Items A-D and F-O on the
Consent Calendar. Motion carried 5-0.
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 No. 2009-27 for PUD Concept Amendment;
Ordinance for PUD District Review and Zoning District Amendment)
Neal said official notice of this public hearing was published in the April 9, 2009,
Eden Prairie News and sent to 83 property owners. 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
location. 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.
Neal said 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.
Jeremiah said the minutes and the report of the Planning Commission meeting on
March 23 contain a bit of analysis of the status of the Southwest LRT and some
additional information has been revealed through the completed EIS. Staff will meet
with Anchor Bank tomorrow to make them fully aware of the current information
relative to this site. The LRT is a good six years away, but we will continue to share
with them the most current information.
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April 21, 2009
Page 8
There were no comments from the audience.
MOTION: Duckstad moved, seconded by Case to close the Public Hearing; and
to adopt Resolution No. 2009-27 for Planned Unit Development Concept
Amendment on 1.06 acres; and to 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 to direct staff to prepare a Development Agreement incorporating staff and
commission recommendations and Council conditions. Motion carried 5-0.
B. LONE OAK/MITCHELL ROAD SIGNAL LIGHT REASSESSMENT,
I.C. 06-5675 (RESOLUTION NO. 2009-28)
Neal said official notice of this public hearing was published in the April 2, 2009,
Eden Prairie News and sent to the owner and the receiver. 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.
Dietz said this item is in response to a request from the property receiver, and we
are trying to accommodate their request.
There were no comments from the audience.
MOTION: Nelson moved, seconded by Case, to close the public, and to adopt
Resolution No. 2009-28 approving Lone Oak/Mitchell signal light reassessment.
Motion carried 5-0.
X. PAYMENT OF CLAIMS
MOTION: Duckstad moved, seconded by Aho, to approve the Payment of Claims as
submitted. Motion was approved on a roll call vote, with Aho, Case, Duckstad, Nelson
and Young voting “aye.”
XI. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 9,
SECTION 9.10, RELATING TO FIRE AND BURGLAR, ROBBERY AND
SAFETY ALARM SYSTEMS
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April 21, 2009
Page 9
Neal said this ordinance separates alarm systems regulated by the Police
Department and the Fire Department into two separate areas. It provides the
following registration method for alarm systems:
Burglar, Robbery and Safety 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 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 will not be required to be registered.
Repeated false alarms will result in false alarms fees.
Neal said 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.
Neal said 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.
Neal said the driver behind this ordinance is our attempt to drive down false alarms
because they have an impact on the instincts of our responders as well as the
obvious expense associated with the false alarms.
Fire Chief Esbensen said this has been an issue that he has focused on since he was
just a rookie in the Fire Department. He said false alarms take about 23% of the
volume of calls this year. This ordinance addresses the last of the big pieces to get a
control of the false alarms and deals with maintenance testing of the alarm system.
He said a group worked together on this to come up with this language and
structure.
Young asked if any alarms systems need to be registered under the current alarm
ordinance. Esbensen said they do not. Young then asked if fire alarms are treated
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April 21, 2009
Page 10
differently from burglar and safety alarms under the current ordinance. Esbensen
said they are not.
Young said his principle concern is the proposed consequence of repeated false
alarms to be possible suspension of the registration. He asked what that means from
a service point of view. Esbensen said there is a $200 charge to reinstate their
system; however, on the fire side there is no registration fee. One of the reasons for
that is after there has been a false alarm we follow up the next day and try to
schedule some education with the person in charge. In many cases that is a difficult
challenge. By requiring registration but having it free, we hope to get a large
amount of compliance.
Young asked if suspension of response will be a consequence for repeated false fire
alarms. Esbensen said we require those by code, so we don’t feel comfortable with
suspension of response for those. He said neither will we suspend response for non-
required systems.
Nelson asked whether a homeowner would be likely to have the necessary
information to register the burglar and home systems, how expensive the
registration will be, and how much time they will have for that. Esbensen said there
is a $25 fee on the law enforcement side, and they do not have to know about the
make and model of the alarm. It is more about contact information so we have a
way to get back to the responsible party. Nelson then asked if it will have to be
done yearly. Esbensen said it will be yearly or anytime there is a change in the
information.
Nelson asked what percentage of Eden Prairie homes have alarm systems, and how
much paperwork this will create through City Hall. Esbensen said the number is
about 15-17% for a city of this size. He said our goal is to get this registration
process on line and tie that into the computer-aided dispatch center. Nelson asked if
this will create enough information coming in that it will take another employee to
handle it. Esbensen said that is not their intention. Nelson then asked if the
information as to who has the systems would be made available to the public.
Rosow said he was not sure but we determined that a lot of business registration
information is private so he thought the same statutes would drive the privacy of
this information. He said he would bring back the answer to the question at second
reading.
Duckstad asked if they found that other cities have similar problems with false
alarms and if the enforcement procedures proposed would be similar to other cities.
Esbensen said it varies by organization, but Minnetonka went to a stricter ordinance
several years ago and are currently running 12-14% false alarms. He said there are
some buildings in Eden Prairie that we have never received a false alarm from, but
there are several repeat offenders, especially with buildings where attention is not
paid to the alarms and maintenance of the systems.
Duckstad asked if there would be a legal concern that the fee for a false alarm is too
large and might be considered too punitive. Rosow said fees have to be
CITY COUNCIL MINUTES
April 21, 2009
Page 11
commensurate with services that are provided. They have discussed the fee issue
and they will have to bring an amendment to the Fee Schedule if the ordinance is
approved, so the Council will have an opportunity to look at the fees at that time.
He said in his discussions with the Fire Chief the amount that the department is
thinking of charging is not equal to the actual costs incurred by the department in
responding to a false alarm.
Nelson asked if we will try to do public education on the web about how to not
have false alarms if we go ahead with this registration process. She thought there
are certain kinds of things that tend to cause false alarms and it would be good to
have something about that for people to look through when they register. Esbensen
said there will be an online educational process that you go through that highlights
the common reasons for false alarm situations for the required systems. He said the
target is property that has code requirements to have an alarm system. Nelson asked
if that means this really doesn’t apply to residential. Esbensen said false alarms for
residential fire alarm systems are fairly infrequent.
Aho asked if they have a threshold in mind regarding the number of false alarms.
Esbensen said those with required systems will be allowed one free in a 12 month
period, and non-required systems will be allowed three free in a 12 month period.
After that they will be billed for the false alarms.
MOTION: Aho moved, seconded by Nelson, 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.
Motion carried 5-0.
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCILMEMBERS
1. Council Member Case – Budget Advisory Commission
Case said back in January he raised a concern about the Budget Advisory
Commission’s (BAC) charge. He said he had come to be somewhat of a
convert to the concept of having a BAC as a group that would give the
Council advice. He cautioned that the BAC should probably not be involved
in what the Council does from the concept of values. The Council is
accountable to the public and the BAC is not. The current Senior Center
issue raises the specter again of his concern about the BAC’s charge, and he
wanted to point out a couple of thoughts. He thought that issue belongs
more in the area of values. To the BAC the Senior Center programs could
very easily be moved somewhere else. While the Senior Center programs
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April 21, 2009
Page 12
could be moved somewhere else, it is the place piece that makes the
building of value. It is the Council’s role to determine if we want to have
services at a particular place. This body has determined the activities at the
Senior Center to be of value. He thought we need to look at this in a
workshop session to get what we really want from the BAC in terms of how
we deliver our services more efficiently and in better ways but not have
them get into what we do. In discussions with the BAC members he thought
they would like to have their charge refined so they will do what we want
them to do. We may want to discuss or have staff look at directing them to
give feedback on the efficiencies and better delivery of services but not
venture out into value issues.
Young said he recalled Council Member Case raising the issue in January.
He said he was surprised to hear the recommendation from the BAC
regarding the Senior Center, but he thought the recommendation the BAC
made fell within their charge. The only way he could respond to the concern
is by knowing that the job of the BAC is not as broad and all encompassing
as the Council’s job, and that is implicit in their charge. We do consider
things beyond the financial impact. He didn’t know if we could change the
charge we originally created without essentially eliminating the
effectiveness of the BAC. He understood it can cause some angst among
residents as we work through the process, but he believed in the process and
did not think a change in the charge to the BAC is necessary. He said it is
the right of any Council Member to bring forth a suggestion for change.
Reading from the mission statement of the BAC, Duckstad said “the
commission shall act in an advisory capacity to the City Council” so it is
clear anything they do is only in an advisory capacity. The Council has the
final say on anything they do or recommend. The statement they are
working under now states they are to work on proposed budgetary and
operational controls with the goal of aiding the City Council in making
fiscally sound budgetary decisions. He did not see anything specific in the
mission statement that we can do to change it. He didn’t see that this last
issue pertains to policy necessarily, but rather it pertains to a serious
budgetary problem. He has the impression they are trying to look at ways to
save money and be fiscally sound.
Nelson thought we need to expand it to the extent that they make a full
recommendation when they make recommendations. They didn’t give the
implications of costs and savings for the changes at the Community Center.
If they give us a recommendation in the policy area she would like it to be a
complete recommendation that has all the costs so we have the bottom line.
Young thought that raises a good and fair point. Mr. Neal, Mr. Lotthammer
and he met with members of the Senior Advisory Council a couple of weeks
ago, and we told them we will certainly investigate all the things Council
Member Nelson mentioned including determining if there would be an
actual cost savings if it were to be moved to the Community Center. We do
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April 21, 2009
Page 13
need to have complete information before making a decision. He thought
the BAC may be looking for a better sense of direction, but in the absence
of that direction he thought their charge should be broad.
Aho said he didn’t see this so much as a policy issue on their part in terms
of the Senior Center but rather an operational efficiency issue. We charged
the BAC to give recommendations in an advisory mode, and he thought it is
in our best interest they do that. The Council would make the judgment
after we know the costs and do our due diligence. He didn’t want to limit
the BAC’s role, but it would be good to give them more direction.
Case thought they get into policy and they likely should not. He
acknowledged their advisory role, but the Council is the final decider.
Because we have empowered them to be a group that can get headlines with a
recommendation before it comes to the City Council, it can cause needless
angst when the recommendations get out there as a policy decision. He
thought it is important for the BAC to not just come back with a full package
but also to come back with alternatives. He thought the language of the charge
is very vague, and he will bring something back as a proposed change.
Duckstad said he was not so concerned that the BAC is exercising policy
and he did not think they are doing that. He agreed we need more facts
when we look at issues and thought perhaps we could also get some kind of
a staff study on the BAC recommendations before we discuss them.
B. REPORTS OF CITY MANAGER
1. AARA Stimulus Plan
Neal said staff has been looking at the American Recovery and
Reinvestment Act (AARA) stimulus plan to see what opportunities would
be available in the plan for Eden Prairie. He said we believe there are a
couple of opportunities, one of which is over $69,000 in new Community
Development Block Grant (CDBG) funds. There is also a program within
the Act that would allow us to apply for money to replace or to keep police
officers whose hiring had been frozen because of budgetary constraints.
Another opportunity is the Energy Efficiency and Conservation block grant
program that encourages cities to do energy efficiency and conservation
programs. We have been allotted $626,000 as a grant by the federal
government for this program. Under the rules for this program we need to
put together an energy efficiency strategy and some ideas about how we
would spend the money. They encourage cities to use the funds on
municipal buildings and programs but also to use part of it out in the
community, so we may want to ask the community for suggestions.
Young said we need more information about each of the three opportunities.
He said he is always fearful of looking for ways to spend federal dollars and
has a general concern and skepticism about that.
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April 21, 2009
Page 14
Nelson thought we need to look very seriously at the energy component
because some of it might fit into our 20-40-15 project. We might do more
with that program if we had money available, and anything that would make
business owners look for more long-term energy efficient things would be
good. She would very much like to look at anything that would keep up the
local businesses and anything we can add to our own energy efficiency
because it will save money in the long term.
Aho said his concern in accepting one-time federal dollars money for
staffing positions is that when the dollars go away we are still encumbered
by the staffing positions.
Case said when we are looking at the possibility of even laying off people
and we need to fill a police officer position he didn’t know why we would
not want to use these dollars to have that police officer.
Young thought the general idea is that if these dollars fit into current
budgeting and staffing or programming that is one thing, but we can
sometimes be too eager to spend federal dollars.
Case thought that is what the stimulus package is intended for in terms of
creating jobs. He thought we owe it to the residents of Eden Prairie to look
into it if it benefits the people of Eden Prairie.
Neal said we have a police officer position that is frozen so we do have
eligibility under that particular program. He said under the energy
efficiency program we could accept that money and pay for things we
agreed to do but planned to borrow for.
2. City Center Landscaping
Neal said we have taken a look at our options and will bring that
information to the next meeting. We are looking at the City receiving a
waiver from our landscaping ordinance to allow us to grow our grass a little
longer. We would be a sample project and would use some grasses that
would be in violation of our ordinance but really are in the spirit of
conserving water.
3. Transformer Failure at Community Center
Neal said there was a transformer failure on Saturday at the Community
Center that resulted in the facility being closed for most of the day. That has
been remedied and is back up.
4. Goodrich-Remus Barn
Neal said the City Council considered a request from Hennepin County for
the City to accept ownership of the Goodrich-Remus Barn at the Council’s
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April 21, 2009
Page 15
August 19, 2008, meeting. An extract from the approved minutes of the
meeting was included in the Council packet for tonight’s meeting. He noted
at that time the majority of the Council Members were not interested in the
City assuming ownership of that barn. Hennepin County does own the barn
and they need to finalize their decisions about what they are going to do
with it. The Hennepin County Engineering Department has requested a final
response regarding the City of Eden Prairie accepting ownership and
responsibility for the Goodrich-Remus barn.
Young said we did have this discussion last August, and his opinion
remains the same. He is not interested in the City owning the barn.
Case said this is one of the most visible and known barns in our City, and is
a great example of 1942-type architecture on one of the most historically-
intact homesteads in Hennepin County. He said he knows of two
entrepreneurs who would be interested in leasing it, and he would hate to
see it go away. He would like to see the City actually take ownership of it to
make sure it stays for future generations.
Aho said he has not heard about any proposals from entrepreneurs to take
lease of it and maintain it. He would be interested in hearing about that, but
he would stand by our recommendation from last August until we hear
more.
Young said it would certainly be an option to hear any such proposals, but
they could also lease it from the County.
Duckstad said he was also opposed to the City acquiring or owning the barn
in light of our current serious economic and budgetary problems.
Neal said he has received 10-12 emails over the last six months from people
who are interested in the barn or have ideas about the barn. We pass those
on to the County for their consideration. The County sends us a copy of
their responses to the emails, but thus far they haven’t accepted any of the
proposals.
MOTION: Aho moved, seconded by Duckstad, to affirm the City Council’s
August 19, 2008, decision regarding the City’s potential ownership of the
Goodrich-Remus Barn. Motion carried 4-1-0, with Case opposed.
5. Joint Airport Zoning Board
Neal said 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.
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April 21, 2009
Page 16
Tim Anderson, representing MAC, said he gained some perspective on this
from a discussion he had this afternoon with an engineering colleague. He
said the State has a zoning statute that takes effect if the Zoning Board does
not adopt one. He said there would be advantages for Eden Prairie to
participate in the process.
Young asked if this is an informational item only. Neal replied the Council
could act on it tonight. There is not a recommendation on the item tonight
but he wanted to find out what the Council Member concerns or thoughts
are about participating on this Board. The MAC would like us to join, and
the Flying Cloud Airport Advisory Commission recommends that we join;
however, Mr. Rosow has some concerns about our participation.
Young said he understood the recommendations and his first reaction is a
certain level of discomfort in that they recommend that Bloomington,
Shakopee and Chanhassen also participate on the Board. He asked what
precipitated the MAC bringing this to the City this year and what would
MAC do if we did not participate. Anderson replied the MAC is the primary
on the Board. He said they have a model underway for the St. Paul airport
with St. Paul, West St. Paul and South St. Paul participating on the Board.
That process is going very well, and the presence of West and South St.
Paul has not detracted from the ability of the city and the airport to get a
good product. The other cities on the Board would have to select
representatives who would need to take the time to participate in the
meetings. The MAC is doing this now primarily because we of the runway
extension and the need to look at safety zones.
Young asked if the MAC will do this on their own volition if we do not
participate in it. Anderson said the MAC does not have authority to do this
on its own volition, so the State would take the authority to enact its own
model.
Duckstad suggested that the City of Eden Prairie has an interest in the
airport and would have an interest in serving on this zoning board. He
thought there are citizens in our City that would want adequate
representation in this zoning effort. He thought we have an obligation to
step forward and show leadership so we should at least participate. He
understood the possibility that by being on the Zoning Board we would
expose ourselves to liability issues but he thought that was very remote.
Case said we have been throwing around this question since 1995 and
because the State legislature has given zoning authority to MAC over cities,
the MAC can do anything they want on this. He saw this as only an attempt
by the MAC to look for cover. He has asked before what the advantage to
our City is and he could never get an answer, so he would suggest we not
consider joining this group.
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April 21, 2009
Page 17
Aho said if it is a certainty that the Board will be formed then he believed
we owe it to our residents to join the group and be a part of the process.
Young said he has some trepidation because of the other cities being asked
to participate, but he thought ultimately we would be better off if we have
representation at the table.
Young asked what staff’s recommendation is on this item and when we
would have to take action. Neal said the hope tonight was to hear feedback
from the City Council as to how you see this shaping up. Staff would then
prepare an action item for May 5 based on the feedback.
Rosow believed under the statute the MAC does have the authority to go
ahead and form the Board without the participation of any of the cities. If
MAC doesn’t do that, the Commissioner is empowered to go ahead and
impose the regulations already in the Minnesota statutes. If the MAC is
willing to indemnify the City for the liability regarding the taking of
property, then that relieves some of our concerns. He said his second
concern was to disagree with the recommendation of who should be on the
Zoning Board. While Mr. Kipp is an extremely valuable member of the
staff and knowledgeable about airports, the Council takes recommendations
from staff so he didn’t think it is fair to put a staff member into the political
process.
Neal said he agreed with Mr. Rosow that Mr. Kipp should probably not
serve on the Board. There may be a member of the Planning Commission or
Council Members who would be willing to serve on the Board.
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. Garage Sale Code Amendment
Jeremiah said at the time the Home Occupation Ordinance was put in place
we discussed a separate garage sale ordinance. The Planning Commission
has looked at it recently and is recommending we move forward with a
garage sale ordinance to define garage sales and to put some limits on them.
The proposed ordinance would limit the number of garage sales to four a
year and would allow each garage sale to be held for up to four consecutive
days. We have not held a Public Hearing, so she wanted direction from the
Council as to whether we should schedule that.
Nelson said she has considered whether we need this and whether this is the
right ordinance. She didn’t think there is a problem with sample sales and
she did not think every item in a garage sale has to be a used item. If we are
going to have a code amendment she would want it limited just as to
number of days, that people should have to live in Eden Prairie, and perhaps
where the sales are held. She didn’t want to get into what they sell and who
could sell it, so she thought this goes too far.
CITY COUNCIL MINUTES
April 21, 2009
Page 18
Young said he agreed with Council Member Nelson and didn’t think we
should put things in ordinances that would be hard to defend.
Case asked how this would affect large church rummage sales. Jeremiah
said this is meant to regulate what can occur at garage sales on a single
family premise or other residential premise that is not subject to other
regulation. It is not unusual for cities to have this kind of regulation, and it
would be enforced only by complaint. She said the question is do we want
to have an ordinance for those times when we get a complaint or do we
want to tell people we don’t look at that. If it was a home business, we
would look at that under the Home Occupation ordinance.
Case said he was not sure there is a problem identified that we are solving
with this. He thought this came out as a side issue when we were doing
something else.
Aho said he could see why staff is coming to us with this issue, but he
agreed with what has been said. He did not perceive this as a large problem
right now and not a big enough issue to generate legislation on it. He
thought if the time comes when we have a lot of problems, then we should
come up with a policy.
Duckstad said he was also opposed to it and thought we should leave things
the way they are.
Neal said if it is something the Council doesn’t hear about from people,
then it is probably not something worth our time. He noted it was a big
issue in Minnetonka a year or so ago, and they approached it with a
regulatory hand.
Nelson thought she would hear from a lot more people if we told them what
they could sell at their garage sales. She thought residents need to be able to
have garage sales.
Jeremiah said our current interpretation of the Home Occupation ordinance
is that these types of sales would not be permitted. She said we would not
necessarily have to put in language regarding the types of material.
Young said in the meantime the City Council will not enforce the fact that
these types of sales may not be permitted.
Jeremiah said she understood the intent is to allow garage sales so she will
bring back something that is much scaled down for a Public Hearing.
2. Use of CDBG Funds for Renovation of PROP New Location
Jeremiah said this item uses our existing money to help PROP rehabilitate
the new facility on Martin Drive. As we have done with other non-profits,
CITY COUNCIL MINUTES
April 21, 2009
Page 19
we are proposing to grant $50,000 in funds for some of the necessary
renovations at the new facility. They have volunteers doing plans and are
saving as much money as possible. She said staff recommends the use of
these funds.
Jeremiah said at this point we are not making a formal recommendation
regarding the additional money from the AARA funding. We will take a
look at whether a Public Hearing will be required to allocate those funds.
She anticipates the uses recommended for those funds will be for
transitional housing to replace an existing rental home. She said Frasier
Homes will probably come in at a future time to ask for rehabilitation
money to improve handicap access.
Case said the City Fellowship Home is historic and asked if there is an
acknowledgement of that. Jeremiah said that was reviewed by the Historic
Preservation planner, and there is some valuable woodwork in the structure.
Case asked if it has been documented. Jeremiah said they are making efforts
to salvage material but there are serious structural issues so the home is not
salvageable. It will be documented and will come before the Council at
another time.
Young asked how the allocation of these funds relates to the discussion we
had earlier in the year on the allocation of funds. Jeremiah said this is a
separate item. When we looked at the formula earlier in the year, we looked
look at Human Services agency grants. We can use only 15% of the annual
CDBG allocation for those kinds of grants. We were not certain of what the
2009 allocation would be, so we looked at those as percentages to allocate
to the Human Services agencies. These are rehabilitation funds for bricks
and mortar projects, so the PROP rehabilitation is qualified for use of those
funds.
MOTION: Nelson moved, seconded by Aho, 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. Motion carried 5-0.
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
1. Acquisition of Easements for Valley View Road Frontage Road
(Resolution No. 2007-29)
Dietz said Home Depot has two access points into the property, one of
which is at the intersection with a signal light at Prairie Center Drive. The
easterly one is a shared access with the CSM office building, with the
inbound half by CSM and the outbound half by Home Depot. There is a
cross access agreement between CSM and Home Depot and one between
CSM and Menards. Home Depot also needs to have a cross access
CITY COUNCIL MINUTES
April 21, 2009
Page 20
agreement with Menards on the west half of the driveway in order to have a
proper frontage road along Valley View Drive. Menards is unwilling to do
that, so this item would authorize staff to go ahead with the condemnation
of the west half of the driveway. He said staff will obtain written agreement
from CSM and Menards that the entire cost of the condemnation
proceedings will be paid by them.
Young asked why we need the frontage road. Dietz said we try to limit
access to Valley View Road in order to maintain the integrity of east/west
roads through the City.
Aho said he tended to agree with this because there is not really much
distance between the light at Topview and the one at Valley View. It would
be difficult to squeeze another access in there, and the site would make it
difficult to put in an access to Topview. Dietz said depending on what
comes through the process we will or will not pursue access to Topview. He
thought a project with high use would probably bring a recommended
access from Topview. Aho asked about having access to Roberts Drive
instead of Topview. Dietz said he thought that would be very difficult.
Neal said we are bringing this back to the Council because we have been
trying to work with the parties involved and have not been able to bring
about an amicable agreement.
Duckstad asked if this location has been a source of any other problems or
is there anything else that has driven the need for this. Dietz replied all of
this is in anticipation of what will happen on the last Menards site. We have
reached an impasse in negotiations, and it can only be resolved by our
powers of condemnation.
MOTION: Case moved, seconded by Duckstad, to adopt Resolution No.
2009-29 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. Motion carried 5-0.
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Duckstad moved, seconded by Case, to adjourn the meeting. Motion carried
5-0. Mayor Young adjourned the meeting at 9:28 PM.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
May 5, 2009
DEPARTMENT/DIVISION:
Christy Weigel,
Police/ Support Unit
ITEM DESCRIPTION:
Clerk’s License Application List
ITEM NO.: VIII.A.
These licenses have been approved by the department heads responsible for the licensed activity.
Cigarette & Tobacco Products
Sanaullah Khan
DBA: Snacks & More
8251 Flying Cloud Dr #2224
Raffle
Organization: Summit Academy OIC
Place: Bearpath Golf Club
Date: June 1, 2009
Temporary Beer
Organization: Eden Prairie Lions Club
Event: 4th of July
Date: July 4, 2009
Place: Round Lake Park
Organization: Eden Prairie Lions Club
Event: Corn Feed
Date: August 1, 2009
Place: Round Lake Park
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
May 5, 2009
DEPARTMENT/DIVISION:
Mary Krause
Public Works / Engineering
ITEM DESCRIPTION: I.C. 09-5739
Award Contract to GMH Asphalt
Corporation for 2009 Bituminous
Overlay Project
ITEM NO.: VIII.B.
Requested Action
Move to: Award Contract for 2009 Street Bituminous Overlay project to GMH Asphalt
Corporation in the amount of $1,553,240.00.
Synopsis
Bids were received on Thursday, April 23, 2008 for the 2009 Bituminous Overlay project. Nine
bids were received and are tabulated as follows:
GMH Asphalt Corporation $1,553,240.00
William Mueller & Sons, Inc. $1,584,730.00
Valley Paving, Inc. $1,652,620.00
Bituminous Roadways, Inc. $1,678,050.00
Midwest Asphalt Corporation $1,698,650.00
Hardrives, Inc. $1,762,450.00
Northwest Asphalt, Inc. $1,782,940.00
McNamera Contracting,Inc. $1,863,500.00
C.S. McCrossan Construction, Inc. $2,043,400.00
Background Information
The Bituminous Overlay is an annual street maintenance project. The bituminous price for this
year’s overlay project is slightly less than 3% higher than the 2008 overlay bituminous price. The
2009 Operating and Maintenance budget for milling and overlay is $250,000. The Council-
approved five-year CIP allocated an additional $1,500,000 for pavement maintenance for 2009.
In addition to the overlay project, the pavement maintenance CIP fund also finances seal coating,
cracksealing and striping projects. The projected total price for these 2009 pavement
maintenance projects is approximately $2,335,000. The pavement maintenance fund which has a
balance of approximately $1,700,000 will be utilized to fully fund the 2009 projects.
Attachment
• Bid Tabulation
BID TABULATION 2009 Bituminous OverlayEST.UNIT UNIT UNIT UNIT UNIT UNIT NODESCRIPTIONQTY.UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICETOTALPRICETOTALPRICETOTAL1MnDOT Mix (MVWE45035B) 32,000 Tons$47.70$1,526,400.00$45.711,462,720.00$48.23$1,543,360.00$50.00$1,600,000.00$50.10$1,603,200.00$52.80$1,689,600.002Bituminous Edge Milling30,000 Lin. Ft.$0.38$11,400.00$0.4012,000.00$0.94$28,200.00$0.35$10,500.00$0.93$27,900.00$0.82$24,600.003Bituminous Full Depth Milling 193,000 Sq. Yds.$0.08$15,440.00$0.57110,010.00$0.42$81,060.00$0.35$67,550.00$0.35$67,550.00$0.25$48,250.00$1,553,240.001,584,730.00$1,652,620.00$1,678,050.00$1,698,650.00$1,762,450.00& Sons Inc.COMPANY:Hardrives IncValleyPavingGMH Asphalt Wm. MuellerBituminous RoadwaysMidwest Asphalt
UNIT UNIT UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL$51.75$1,656,000.00$54.75$1,752,000.00$58.001,856,000.00$0.50$15,000.00$0.50$15,000.00$1.1033,000.00$0.58$111,940.00$0.50$96,500.00$0.80154,400.00$1,782,940.00$1,863,500.00$2,043,400.00Contracting, Inc.C.S. McCrossunConstruction Inc.Northwest AsphaltMcNamara
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
May 5, 2009
DEPARTMENT/DIVISION:
Mary Krause
Public Works / Engineering
ITEM DESCRIPTION: I.C. 09-5738
Award Contract to Allied Blacktop
Company for 2009 Sealcoating Project
ITEM NO.: VIII.C.
Requested Action
Move to: Award Contract for 2009 Street Sealcoating to Allied Blacktop Company, in the
amount of $517,944.03.
Synopsis
Bids were received on Thursday, April 23, 2009 for the 2009 Sealcoating project. Three bids
were received and are tabulated as follows:
Allied Blacktop Company $517,944.03
Pearson Brothers, Inc. $524,224.66
ASTECH $596,062.60
Background Information
Street sealcoating is an annual street maintenance project. The street sealcoat prices for this
year’s project are approximately 12-16% higher compared to the 2008 street sealcoat prices. The
2009 Operating and Maintenance budget for sealcoating is $245,000. The balance of
approximately $268,000 between the actual project costs and budget amount will be taken from
the CIP pavement maintenance fund for street sealcoating.
Attachment
• Bid Tabulation
Allied Blacktop Co.Pearson Bros. Inc.ASTECH Corp.EST.UNIT UNIT UNIT NODESCRIPTIONQTY.UNITPRICETOTALPRICETOTALPRICETOTAL1FA-3, C1.A (0.34 gal/sq. yd. CRS-2P173,756 Sq. Yd.$1.35234,570.60$1.25$217,195.00$1.40$243,258.40Bit. Seal Coat 20 lbs/sq.yd. FA-3, CL.A2Streets179,703 Sq. Yd.$1.20215,643.60$1.29$231,816.87$1.40$251,584.20FA-2, Modified (0.24 gal/sq.yd/ CRS-2C1.A (1/8" Trap Rock) 20 lbs/sq.yd. FA-2 Mod)Bituminous Seal Coat3Trails22,941 Sq. Yd.$1.3029,823.30$1.59$36,476.19$2.00$45,882.00FA-2, ModifiedC1.A (1/8" Trap Rock) (0.24 gal/sq.yd/ CRS-2Bituminous Seal Coat 16 lbs/sq.yd. FA-2 Mod)4Parking LotsFA-2, Modified (0.28 gal/sq.yd/ CRS-2P 27,669 Sq. Yd.$1.37 $37,906.53$1.40 $38,736.60$2.00 $55,338.00CI.A (1/8" trap rock) 16 lbs/sq.yd. FA-2 Mod.)$517,944.03$524,224.66$596,062.60TOTAL BASE BIDBID TABULATION2009 City Street Seal CoatingCity of Eden Prairie I.C. #09-5738
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
May 5, 2009
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION:
Approve Contract with Prairie Electric
for Upgrading the Electrical Equipment
in Well No. 2
ITEM NO.: VIII.D.
Requested Action
Move to: Approve a contract with Prairie Electric to upgrade the electrical equipment and
controls in Well No. 2
Synopsis
The City of Eden Prairie Utilities Division obtained proposals from four commercial, industrial
electric contractors to provide the electrical equipment and perform the work necessary to
upgrade Well No. 2. The least-cost proposal was offered by Prairie Electric, and Staff
recommends acceptance of their proposal in the amount of $56,675 to be paid from the water
utility construction fund.
Background Information
Well Number 2 is the city’s oldest well, and its declining performance over the years has resulted
in the Utilities Division conducting a major maintenance overhaul and upgrade of the well and
its related equipment to restore the well to its original performance level. Significant to the
declining performance of the well has been the declining regional water-table, resulting from
pumping interference from the city’s other wells, and those of our neighboring communities.
E.H. Renner & Sons conducted the maintenance on the well pump and down-hole equipment,
and confirmed that a better pump and larger pump motor is now required. This contract with
Prairie Electric is needed to provide and install a larger variable frequency drive, controls, and
wiring for the larger electrical demand. Included in this contract is the wiring of a larger back-up
power generator that will be needed as well. This phase of the upgrade is distinctly separate
from the specialized well maintenance work performed by Renner and Sons.
Attachment
• Proposal Tabulation
• Engineer’s Recommendation Letter
ELECTR CONTRACTOR PROPOSAL TABULATION ‐ 4.24.09ScheduleDescriptionMaster Electric Hy‐Mark ElecticEIMPrairie ElectricIElectrical Work$57,665.00$59,322.00$61,795.00$45,255.00IIMechanical Sub$7,995.00$10,186.00$10,582.00$11,450.00Grand TotalSum of All Above Items + Taxes$65,615.00$69,508.00$72,377.00$56,675.00Company NamePrice
April 27, 2009
Rick Wahlen
Manager of Utility Operations
City of Eden Prairie
14100 Technology Drive
Eden Prairie, MN 55344-2230
Dear Rick:
The proposals obtained from four (4) commercial, industrial electrical contractors for the upgrade
work at Well House No. 2 are summarized in the attached one page proposal tabulation
spreadsheet. The least-cost proposal was offered by Prairie Electric in the amount of $56,675.
We have reviewed the Prairie Electric proposal for adherence to the Request for Proposal (RFP)
requirements, including the equipment specifications and we have also reviewed the submitted
proposal with Prairie Electric to confirm that there were no errors or omissions in the submitted
proposal.
We find the Prairie Electric proposal to generally be in accordance with the requirements of the
Request for Proposal (RFP) documents and also a reasonable and competitive price for the work.
We recommend acceptance of the Prairie Electric proposal in the amount of $56,675.
Do not hesitate to contact me directly with any additional questions or comments.
Sincerely,
Damon M. Chmela, P.E.
Electrical Engineer
Attachment
CC: Jason Benson/AE2S
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
May 5, 2009
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION:
Approve Contract with Bergerson-
Caswell to provide and install the pump
and piping at Well 16
ITEM NO.: VIII.E.
Requested Action
Move to: Approve a contract with Bergerson-Caswell, Inc., municipal well drillers, to
provide the pump equipment for Well No. 16, the City’s newest well in Pheasant
Woods Park.
Synopsis
The City of Eden Prairie Utilities Division obtained proposals from four regional municipal well
drillers to provide the submersible pump, well pipe, and transducer tubing for Well No. 16. The
least-cost proposal was offered by Bergerson-Caswell, Inc., and Staff recommends acceptance of
their proposal in the amount of $59,925 to be paid from the water utility construction fund.
Background Information
The construction of a new municipal well consists of multiple related, but distinct projects: site
selection, plan approval, and permitting; design and engineering; drilling the well; construction
of the facilties needed to house the well and convey the water to the city’s water treatment plant;
installation of the pump and related down-hole equipment; testing and validation of the well’s
performance; integration with the remainder of the well field.
This agenda item is the approval of well pump and piping only.
Attachment
• Engineer’s Tabulation and Recommendation Letter
www.ae2e.com
March 20, 2009
Mr. Rick Wahlen
City of Eden Prairie
14100 Technology Drive
Eden Prairie, MN 55344-2230
Re: Review of Pump Bids/Quotes
Municipal Production Well No. 16
Eden Prairie, MN
Dear Rick:
We received bids/quotes for the above-referenced project on Friday ! March 20, 2009. A total of
four (4) bids/quotes were received. The bids/quotes were checked for mathematical accuracy
and tabulated. A tabulation of the bids is attached. The following is a summary of the tabulation:
Contractor Total Bid Price
Bergerson-Caswell, Inc. $59,925.00
EH Renner & Sons $60,421.50
Keys Well Drilling $60,700.00
Traut Wells $64,850.00
The bids/quotes are based upon furnishing and installing a new 150 hp submersible pump, 250 ft
of 12-inch column, and 1.5" PVC stilling tube. Three of the four contractors including the low
bidder are proposing the same pump, American Marsh 14LC — 3 stage with a 150 hp Hitachi
Motor. Based upon the bids we recommend awarding a contract to Bergeson-Caswell, Inc.
Other thoughts to consider are that the 250 foot setting is much deeper than your other wells and
the 12-inch column pipe is larger than the typical 10-inch. The column pipe size could be
reduced because we have enough horsepower available, although the connection at the current
pitless unit is 12-inch. The setting could also be reduced, but this should ensure that you would
be able to pump at the maximum design during the peak summer conditions. Just some thoughts
if you want to save on costs.
Please do not hesitate to call us at 763-463-5036 with any comments or questions you may have.
Sincerely,
Advanced Engineering and
Environmental Services, Inc.
liz.„..--- rd---
J on Benson, P.E.
174 oject Engineer
pc: Rick Wahlen, City of Eden Prairie
Advanced Engineering and Environmental Services, Inc.
6901 East Fish Lake Road Suite 184 • Water Tower Place Business Center • Maple Grove, MN 55369-5457
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
May 5, 2009
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION:
Approve Contract with E. H. Renner &
Sons to Upgrade Municipal Well No. 2
ITEM NO.: VIII.F.
Requested Action
Move to: Approve a contract with E. H. Renner & Sons, Inc., municipal well drillers, to
perform flow restoration maintenance on Well No. 2, install a larger motor, pump,
and additional well pipe, to improve the performance for summer-time water
demand.
Synopsis
The City of Eden Prairie Utilities Division obtained proposals from four pre-qualified municipal
well drillers for the improvement of water flow from City Well No. 2 located adjacent to the
water treatment plant. Staff recommends acceptance of the proposal from E. H. Renner & Sons,
Inc. in the amount of $39,210 to be paid from the water utility construction fund.
Background Information
Municipal Well No. 2 is Eden Prairie’s oldest active well. Over time as additional wells were
added, and more and more water was withdrawn from the aquifer, regional influence on the
pumped water level during the summer irrigation season diminished the performance of the well.
Despite being inspected and serviced on a 5-year rotation schedule, Well No. 2 has been
degrading in performance as a result of the decline in water levels in our groundwater source –
the Jordan Aquifer.
Last year, in consultation with St. Croix Environmental, Inc. and Advanced Engineering &
Environmental Services, we took a similar approach with Eden Prairie Well No. 9, and vastly
improved the performance of that well. By making these relatively low-cost improvements to
Well No. 2, the mechanical performance of the system can be improved and the capacity will be
increased by as much as 75% - a viable alternative to drilling a new well at a fraction of the cost.
Attachment
• Proposal Tabulation and Recommendation Letter
April 13, 2009
Mr. Rick Wahlen
Manager – Utility Operations
City of Eden Prairie
14100 Technology Drive
Eden Prairie, Minnesota 55344
Subject: Contractor Recommendation
2009 Well Rehabilitation Program
Dear Mr. Wahlen:
St. Croix Environmental, Inc (SCE) has reviewed proposals submitted to the City of Eden Prairie
(City) from four pre-qualified drilling contractors relative to the 2009 well rehabilitation program.
The scope of services requested was outlined in SCE’s March 23, 2009 Request for Proposal
(RFP) submitted on behalf of the City relating to rehabilitation of Well 02.
The cost estimates associated with each contractor’s proposal are summarized as follows:
Contractor Proposal Cost Estimate
Traut Wells, Inc. $63,610.00
Keys Well Company, Inc. $59,355.00
Bergerson-Caswell, Inc. $46,350.00
E.H. Renner and Sons, Inc. $39,210.00
Each of the proposals meets the minimum requirements for performing the requested scope of
work, including adherence to the City’s General Conditions and Insurance requirements.
Accordingly, SCE recommends retaining E.H. Renner and Sons, Inc. (Renner) to perform the
work. Consistent with the RFP, Renner has indicated that they can complete the requested scope
of work on or before May 31, 2009.
Electronic and hard copies of all proposals have been provided to you for review, along with a
detailed cost evaluation, under separate cover. If you have any questions or concerns, please
contact me directly at (715) 441-9933.
Sincerely,
St. Croix Environmental, Inc.
__________________
Kevin J. Miller, P.G.
President, Principal Consultant
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
May 5, 2009
DEPARTMENT/DIVISION:
Eugene A. Dietz
Public Works
ITEM DESCRIPTION:
Approve Contract with the State of
Minnesota for ICWC program
ITEM NO.: VIII.G.
Requested Action
Move to: Adopt resolution approving contract with the State of Minnesota for the Institution
Community Work Crew (ICWC) in the amount of $121,048.50 for the period
beginning July 1, 2009 and ending June 30, 2011.
Synopsis
The City of Eden Prairie has contracted with the State of Minnesota for the ICWC program since
1996. This has been a very cost-effective staffing alternative to meet seasonal peak demand as
well as routine projects that supplements our staffing levels during the off seasons. Staff
recommends approval of the 2 year renewal.
Background Information
In 1996, when we began to utilize the ICWC program, we contracted for two days per week. In
2001, we increased the contract to three 10-hour work days per week. In addition to this 3 day
per week year around program, we also added a fourth day on a seasonal basis—April through
November—in 2008 by separate agreement. Typically, we receive up to ten (10) offender
crewmembers and a crew leader for each of the work days. The program is set up to pay the
salary and benefits for the crew leader, communications equipment, modest supplies and travel
costs. The contract for the next two-year period is being increased by approximately 3.7% over
the past two-year contract, but still represents a tremendous value for the City. 67% of this cost
is budgeted for in the Street Division and 33% in the Utilities Enterprise Fund.
The ICWC program has become an integral part of our staffing plan and staff recommends that
the contract be approved for an additional two years, ending June 30, 2011.
Attachments
• State of Minnesota Income Contract
• Resolution
Income Contract No.
(Provided by Department of Administration)
STATE OF MINNESOTA
INCOME CONTRACT
This contract is between the State of Minnesota, acting through its commissioner of corrections, Institution
Community Work Crew Program ("State"), and the City of Eden Prairie, 15150 Technology Drive, Eden Prairie,
Minnesota 55344 ("Purchaser").
Recitals
1. Under Minn. Stat. §241.278 the State is empowered to enter into income contracts.
2. The Purchaser is in need of an Institution Community Work Crew (ICWC).
3. The State represents that it is duly qualified and agrees to provide the services described in this contract.
Contract
Term of Contract
1.1 Effective date: July 1, 2009, or the date the State obtains all required signatures under Minnesota
Statutes Section 16C.05, subdivision 2, whichever is later.
1.2 Expiration date: June 30, 2011, or until all obligations have been satisfactorily fulfilled, whichever
occurs first.
2 State's Duties
The State will:
A. Provide a supervisor crew leader(s) and up to ten (10) offender crewmembers that the crew
leader will supervise during three (3) 10-hour work days per week, including the hours crew
leaders spend for daily preparation, communication and travel. The crew leader will take
directions as to the location and nature of the work to be completed on a given day as requested
by the Purchaser's Authorized Representative or designee.
B. Train each work crew in safety principles and techniques set forth by applicable federal, state
and local agency requirements. Purchaser agrees that the state has the authority to refuse
selected projects if it considers the projects beyond the skill level of the crewmembers and/or
unsafe to perform.
C. Provide required personal safety equipment and clothing needed for specific work.
D. Screen projects to ensure that they meet ICWC guidelines.
E. Submit reports to the Purchaser upon request within sixty (60) days of the end of each quarter.
3 Payment
The Purchaser will pay the State for all services performed by the State under this contract as follows:
Payment shall be made by the Purchaser to the State in the amount of thirty thousand two hundred sixty-
two and 12/100 dollars ($30,262.12) on August 1, 2009, thirty thousand two hundred sixty-two and 12/100
dollars ($30,262.12) on January 1, 2010, thirty thousand two hundred sixty-two and 13/100 dollars
($30,262.13) on August 1, 2010 and, thirty thousand two hundred sixty-two and 13/100 dollars
($30,262.13) on January 1, 2011. Any overtime hours will be billed at the rate of sixty-seven and 50/100
dollars ($67.50 per hour.
The total obligation of the Purchaser for all compensation and reimbursements to the State under this
contract is one hundred twenty-one thousand forty-eight and 50/100 dollars ($121,048.50), plus any
additional overtime hours, as its share of the cost of providing a crew leader and placing the work crews
into service on the ICWC Program during the term of this agreement. The Purchaser's share includes time
scheduled for training, vacation, sick leave and holidays based on the terms and condition of the crew
leaders AFSCME bargaining agreement.
Revised 9/02
Authorized Representatives
The State's Authorized Representative is Mark J. Siemers, ICWC District Supervisor, or . his/her successor.
The Purchaser's Authorized Representative is Doug Ernst, Supervisor, City of Eden Prairie, or his/her
successor.
5 Amendments, Waiver, and Contract Complete
5.1 Amendments. Any amendment to this contract 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
contract, or their successors in office.
5.2 Waiver. If the State fails to enforce any provision of this contract, that failure does not waive the
provision or its right to enforce it.
5.3 Contract Complete. This contract contains all negotiations and agreements between the State and
the Purchaser. No other understanding regarding this contract, whether written or oral, may be
used to bind either party.
6 Liability
Each party will be responsible for its own acts and behavior and the results thereof.
7 Government Data Practices
The Purchaser must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it
applies to all data provided by the State under this contract. The civil remedies of Minn. Stat. § 13.08 apply
to the release of the data referred to in this clause by either the Purchaser or the State.
If the Purchaser receives a request to release the data referred to in this Clause, the Purchaser must
immediately notify the State. The State will give the Purchaser instructions concerning the release of the
data to the requesting party before the data is released.
Publicity
Any publicity regarding the subject matter of this contract must not be released without prior written
approval from the State's Authorized Representative.
Audit
Under Minn. Stat. § 16C.05, subd. 5, the Purchaser's books, records, documents, and accounting
procedures and practices relevant to this contract are subject to examination by the State and/or the State
Auditor or Legislative Auditor, as appropriate, for a total of six years.
10 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, governs this contract. Venue for all legal
proceedings out of this contract, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
11 Termination
Either party may terminate this agreement at any time, with or without cause, upon 30 days' written notice
to the other party.
Revised 9/02
1. PURCHASER
The Purchaser certifies that the appropriate person(s)
have executed the contract on behalf of the Purchaser
as required by applicable articles, bylaws, resolutions,
or ordinances.
By
Title
Date
By
Title
Date
2. STATE AGENCY
With delegated authority
By
Title
Date
3. Commissioner of Administration
As delegated to Materials Management Division
By
Date
Distribution
DOC Financial Services Unit — Original (fully executed) contract
Purchaser
State's Authorized Representative
Budget Officer of Authorized Representative
Department of Administration — Materials Management Division
Revised 9/02
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2009-
RESOLUTION APPROVING
CONTRACT WITH STATE OF MINNESOTA
FOR ICWC PROGRAM
WHEREAS, the State of Minnesota has prepared a 2-year contract to provide ICWC program
services to the City of Eden Prairie; and
WHEREAS, the City of Eden Prairie desires to continue a long standing relationship with the
ICWC program.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
The Mayor and City Manager are hereby authorized and directed to enter into a Contract
with the State of Minnesota in the name of the City of Eden Prairie in the amount of
$121,048.50 for the two-year period of July 1, 2009 through June 30, 2011 for the Institution
Community Work Crew program.
ADOPTED by the Eden Prairie City Council on May 5, 2009.
Phil Young, Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
May 5, 2009
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION:
Accept Proposal from Total Energy
Systems for the purchase of a backup
power generator for Well No. 2
ITEM NO.: VIII.H.
Requested Action
Move to: Accept the least cost proposal from Total Energy Systems for a 150 Kilowatt
generator to provide backup power for Well No. 2.
Synopsis
The City of Eden Prairie Utilities Division obtained proposals from four industrial electric
generator suppliers to provide a 150 Kilowatt generator for back-up power for municipal Well
No. 2. Completion of the work on Well No. 2 is time sensitive, and a proposal which can
provide a generator in time for our summer irrigation season is a key determinant in selecting a
supplier. The least-cost proposal was offered by Total Energy Systems for a Kohler natural gas
generator which has a 9-10 week order time after acceptance of the proposal. Total Energy also
offered a generator set ‘off-the-shelf’ which meets the power requirements of our specification at
a discount price, but is available immediately. We will evaluate this alternate generator and
ensure it fully meets the needs of the city. Regardless, Staff recommends acceptance of the least
cost proposal from Total Energy Systems in the amount of $38,729.60 to be paid from the water
utility construction fund.
Background Information
Following the maintenance upgrade of municipal Well No. 2, which included the installation of a
125 horsepower electric pump motor to replace the existing 75 horsepower motor, Well No. 2
required a larger generator set to power the system during times of power outages and
coordinated power shaving interruptions which are part of Eden Prairie’s rate guarantee with
Exel Energy. The generator is also provided to ensure the city has the ability to provide an
emergency water supply to our citizens in the event of a catastrophic power outage due to
disasters and other emergency situations. Advanced Engineering and Environmental Services
provided the engineering design and specifications for sizing the new generator.
Attachment
• Proposal Tabulation
• Engineer’s Recommendation Letter
GENSET PROPOSAL TABULATION ‐ 4.24.09ScheduleDescriptionZiegler Power Systems Total Energy Systems Titan Energy Systems Cummins NpowerI150 kW Standby Natural Gas Genset$44,328.49$30,400.00$37,239.00 $43,273.12IILoose Automatic Transfer Switch$3,796.73$2,900.00$2,811.00 $5,558.80Grand TotalSum of All Above Items + Taxes$48,125.22$38,729.60$40,050.00 $48,831.92Company NamePrice
April 27, 2009
Rick Wahlen
Manager of Utility Operations
City of Eden Prairie
14100 Technology Drive
Eden Prairie, MN 55344-2230
Dear Rick:
The proposals obtained from four (4) industrial electric generator suppliers for new stationary
generation equipment to be installed at Well House No. 2 are summarized in the attached one
page proposal tabulation spreadsheet. The least-cost proposal was offered by Total Energy
Systems, LLC for a Kohler Model #150REZG natural gas engine-generator system in the amount
of $38,729.60.
We have reviewed the Total Energy Systems proposal for adherence to the Request for Proposal
(RFP) requirements, including the equipment specifications and we have also reviewed the
submitted proposal with Total Energy Systems to confirm that there were no errors or omissions in
the submitted proposal.
From our discussions with the Total Energy Systems, it should also be noted that Total Energy
Systems has access to 150kW generation equipment (in inventory) that is the predecessor model
to the “Tier Emissions” equipment quoted that could be provided for the project at a shortened
schedule and a slightly reduced price (estimated $1,000 less) from the quoted equipment. The
major difference in the predecessor equipment is that it does not meet the new upcoming Tier
Emissions requirements (voluntary on part of manufacturers as of right now), but is still perfectly
legal to install as part of manufactured inventory. The delivery schedule of the quoted equipment is
9-10 weeks after submittal approval whereas the delivery schedule of the predecessor or “Pre-Tier
Emissions” equipment is 6-7 weeks after submittal approval. Please let me know if you are
interested in pursuing the predecessor (or Pre-Tier Emissions) generation equipment as an option.
We find the Total Energy Systems proposal to generally be in accordance with the requirements of
the Request for Proposal (RFP) documents and also a reasonable and competitive price for the
equipment.
We recommend acceptance of the Total Energy Systems proposal in the amount of $38,729.60.
Do not hesitate to contact me directly with any additional questions or comments and let me know if
you are interested in pursuing the “Pre-Tier Emissions” generation equipment as a reduced-cost,
shortened-schedule option to the quoted “Tier-Emissions” equipment.
Page 2 of 2
Sincerely,
Damon M. Chmela, P.E.
Electrical Engineer
Attachment
CC: Jason Benson/AE2S
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
May 5, 2009
DEPARTMENT/DIVISION:
Rod Rue
Public Works/Engineering
ITEM DESCRIPTION: I.C. 52-157
Receive Feasibility Report and Set
Public Hearing for Riverview Road
Street and Utility Improvements
ITEM NO.: VIII.I.
Requested Action
Move to: Receive feasibility study and adopt Resolution setting a public hearing for
Riverview Road street and utility improvements.
Synopsis
The Director of Public Works and the City Engineer have completed a study of street and utility
improvements for the segment of Riverview Road between Parker Drive and Homeward Hills
Road and presented the results in a feasibility study. The study concludes that the improvements
are feasible and necessary.
Background Information
The segment of Riverview Road between Parker Drive and Homeward Hills Road is a narrow
bituminous surface in poor condition. There is no pedestrian facility serving the adjoining
neighborhoods. The proposed improvements will correct these deficiencies and improve the
visual character of the corridor.
As you may recall, the City Council had previously received a feasibility study in July 2008 for
this section of Riverview Road. A public hearing was set and subsequently cancelled due to a
strong desire from the adjacent property owners to evaluate alternative solutions to managing
Xcel Energy’s facilities and preserving select trees along the north side of the roadway adjacent
to the proposed trail.
We met with a neighborhood committee on March 25, 2009, to discuss construction plan
modifications and the $105,000 cost estimate from Xcel Energy to bury the existing overhead
power lines. The neighborhood committee clearly has different goals than the City staff on this
proposed project. Therefore, we propose to advance the feasibility study to a public hearing.
We have made minor edits to the feasibility study that was received last year and will be mailing
a copy of the revised feasibility study to all property owners by May 1, 2009. The public hearing
for the proposed improvements is scheduled for May 19, 2009.
Attachments
• Feasibility Study
• Resolution
CITY OF EDEN PRAIRIE
RIVERVIEW ROAD
(Parker Drive to Homeward Hills Road)
FEASIBILITY STUDY
Street and Utility Improvements
Improvement Contract No. 52-157
Prepared by:
City of Eden Prairie
Public Works Department
Engineering Division
8080 Mitchell Road
Eden Prairie, MN 55344-4485
Assisted by:
HTPO
7510 Market Place Drive
Eden Prairie, MN 55344-3644
TABLE OF CONTENTS
PAGE
TABLE OF CONTENTS ………………………………………………………………………………..2
CERTIFICATION ……………………………………………………………………………………… 3
REPORT CONTENT
I. INTRODUCTION .………………………………………………………………………4
II. STREET and STORM SEWER …………………….……...…………………………….4
III. WATERMAIN ……………………..……………………………………………………6
IV. SANITARY SEWER …………………….…………………………………………….. 6
V. PROJECT COST SUMMARY………………………………………………………….6
VI. CONCLUSIONS AND RECOMMENDATIONS ……………………………………..7
TABLE 1 - ESTIMATED COSTS ………………………………………………………………………
PRELIMINARY ASSESSMENT ROLL - STREET AND STORM SEWER IMPROVEMENTS ……...
PRELIMINARY ASSESSMENT ROLL - UTILITY IMPROVEMENTS ……………………………..
PUBLIC HEARING NOTICE …………………………………………………………………………..
PROJECT SCHEDULE………………………………………………………………………………….
Figure No. 1 STREET and STORM DRAINAGE IMPROVEMENTS……………………………….
Figure No. 2 UTILITY IMPROVEMENTS……………………………………………………………
Copy of Recorded “Agreement Regarding Special Assessments” (SAA No. 89-06)……………………..
2
CERTIFICATION
I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly
registered Professional Engineer under the laws of the State of Minnesota.
Reg,. No. 14304
Z1 Z009
Date
3
INTRODUCTION
This report presents the results of a preliminary engineering study of street and utility improvements for the
segment of Riverview Road between Homeward Hills Road and Parker Drive. Riverview Road, together
with Homeward Hills Road, forms a residential collector system connecting the Bluffs West area to TH 169
on the east and Pioneer Trail on the north.
This segment of Riverview Road is bordered on the north by the Bell Oaks subdivisions and on the south by
the Bell Oaks Estates subdivisions and one 22-acre parcel identified on Figure 1 as parcel No. 76. The current
roadway surface is a narrow asphalt pavement in poor condition. There is no current pedestrian facility. Due
to its poor structural condition, this segment is currently load restricted to 4 tons year-round. The existing
street is a rural section with poorly defined drainage. The sandy soils in the area likely provide for significant
infiltration. Today, the condition of the road may detract from the positive character of the adjoining
neighborhoods.
II. STREET and STORM SEWER
The segment of Riverview Road proposed for improvement is shown on Figure 1. It is classified as a
collector and provides one of two access routes to the Bluffs West area. The recommended street section is
two lanes, 28 feet in width with B-618 curb and gutter. This proposed width does not provide for parking.
The improved segment will be signed “no parking”. An 8-foot bituminous trail is proposed for the north side,
extending the full length of the project in accordance with the City’s Trail Plan.
A storm drainage system will be incorporated within the right-of-way serving the street, trail and directly
adjacent drainage areas in their current level of development. This proposed system will outlet through
existing storm sewers on the north side of Riverview Road to Purgatory Creek. This outlet was planned in the
design of the Bell Oaks subdivision. It will occur through Outlet A, Bell Oaks 2nd Addition. This .35-acre
Outlot is encumbered with a platted drainage and utility easement to accommodate this use. Since the
planning of the Bell Oaks subdivision in 1988, stormwater management standards have been enhanced to
include provisions for treatment and infiltration. To provide for these enhancements, it is proposed to add
large sump structures to the storm drainage system for the removal of coarse sediments and to grade Outlot A
to provide for enhanced treatment and infiltration of stormwater. This grading will occur within the dedicated
drainage and utility easements over Outlot A.
The goal of this analysis is to create a uniform assessment methodology for streets and storm sewer
improvements that is fully consistent with the 1989 Special Assessment Agreement for Bell Oaks. Therefore,
a lot unit rate is being established for the costs that are incurred for Bell Oaks only, and then applied to
benefiting properties on the south side of Riverview Road. The result is a somewhat lower assessed lot unit
rate for the south side, but respects the terms and intent of the agreement and creates a uniform assessment
rate among the same class of properties. When the Bell Oaks development was under consideration by the
City in 1988, it was proposed that the new subdivision would participate in future improvements to the
abutting segment of Riverview Road. This participation would be consistent with prior Bluffs West
subdivisions abutting Homeward Hills Road. This participation was monumented in the form of a Special
Assessment Agreement dated May 30, 1989, which provided for assessments to 74 of 85 lots in the proposed
Bell Oaks subdivision. A copy of the recorded “Agreement Regarding Special Assessments” (Special
Assessment Agreement No. 89-06 is included in this report). The Special Assessment Agreement anticipated
the assessments be based on one-half the cost of the street and storm drainage improvements of the segment
4
abutting the subdivision. Actual improvements would occur at a future date. The City would prepare a
Feasibility Study to determine assessments to the 74 Bell Oaks lots and other properties abutting the segment.
For the purpose of determining the proposed assessments, the estimated cost of the street, stormwater and trail
improvements have been separated to reflect the original Agreement. These estimated construction and
engineering costs are shown on Table 1. The column labeled “Street and Storm Sewer” includes the street
and basic storm sewer based on the standards utilized at the time of the Assessment Agreement. This column
reflects the project costs as contemplated by the Special Assessment Agreement. The next column represents
the trail construction costs and a portion of storm sewer costs allocated to the impact of trail construction. The
third column on Table 1 includes the water quality and infiltration components of the proposed system. These
costs are due to changes in system criteria implemented since the 1989 Special Assessment Agreement. The
trail and water quality component costs shown in the second and third columns on Table 1 are City costs that
are excluded from special assessments.
Riverview Road is the gateway to the Bell Oaks and Bell Oaks Estates subdivisions and is used by its
residents for ingress and egress. The current condition of the road requires reconstruction. Bell Oaks and Bell
Oaks Estates properties will benefit from the structural and aesthetic improvements proposed and the addition
of the trail connection.
In accordance with the Special Assessment Agreement, it is proposed to assess one-half the cost for street and
storm sewer improvements shown in the first column of Table 1 ($267,100) to the 74 lots in the Bell Oaks
subdivision referenced in the Special Assessment Agreement. An administrative fee of 9% and interim
financing of 1% are added to construction and engineering costs, in accordance with the City’s Assessment
Policy to determine total assessable costs. It is therefore proposed to assess a total cost of $293,780 to the 74
Bell Oaks lots. Each lot’s assessment is proposed as $3,970.
In 1999, the City Council adopted Resolution No. 99-157 to allow the release of Bell Oaks lots from the
Special Assessment Agreement upon the receipt of the sum of $3,800. Twenty-one Bell Oaks owners have
implemented this option. The Preliminary Assessment Roll shows the proposed assessment to each Bell Oaks
property. Properties that have been released by payment of the lump sum are shown as previously assessed.
Properties abutting the south side of this segment of Riverview Road will benefit from the improvements in a
similar manner as Bell Oaks properties. These properties include the Bell Oaks Estates subdivisions and one
undeveloped property labeled parcel 76 on Figure 1. Parcel 76 is guided for low-density residential use and
its development potential is estimated as 12 units. There are a total of 14 Bell Oaks Estates lots.
Since their benefits are considered equivalent, it is proposed to assess each of the lot units along the south side
of this segment an amount equivalent to the Bell Oaks lots. It is therefore proposed to assess each Bell Oaks
Estates lot and each of the 12 potential lots in Parcel 76 the amount of $3,970. Each of these lots and their
proposed assessments are shown on the Preliminary Assessment Roll. The project costs for street, trail and
storm drainage in excess of the proposed assessment amount of $3970 will comprise a City share to be funded
from State Aid and Storm Water Utility funds. State Aid will be the primary funding source. Storm Water
Utility may fund any stormwater improvements not eligible for State Aid. The proposed assessment to each
lot or parcel is shown on the Preliminary Assessment Roll – Street and Storm Sewer Improvements that is
included in this report.
5
III. WATERMAIN
With exception of Parcel 76, all land parcels along this segment of Riverview Road have adequate water
service. Parcel 76 has access to one residential water service serving the current home on the parcel thorough
the Bell Oaks Estates subdivisions. In order to provide for future development of Parcel 76, a short extension
of 8-inch watermain , as shown on Figure 2, is proposed. This extension will provide the parcel with adequate
water capacity to support its future subdivision.
The estimated construction cost for this watermain extension, as shown on Table 1, is $6,000. This extension
uniquely benefits Parcel 76 by providing a level of service that will support future subdivision of the property.
It is therefore proposed to assess the entire actual construction cost for the watermain improvements together
with the identified engineering, administrative fee and interim financing costs (as shown in Table 1) to Parcel
76.
The assessable costs are shown on Table 1 and on the Preliminary Assessment Roll – Utility Improvements.
IV. SANITARY SEWER
With the exception of Parcel 76, all land parcels along this segment have adequate sewer service. As with
water service, a short extension of sanitary sewer is proposed, as shown on Figure 2, to provide adequate
service for future development.
The estimated construction cost for sanitary sewer improvements, as shown on Table 1, is $18,000. In a
similar manner as proposed watermain improvements, Parcel 76 is uniquely benefited by the proposed
sanitary sewer extension. It is therefore proposed to assess the entire actual construction cost for the sanitary
sewer improvements together with the identified engineering, administrative fee and interim financing costs
(as shown in Table 1) to Parcel 76.
The assessable costs are shown on Table 1 and on the Preliminary Assessment Roll – Utility Improvements.
V. PROJECT COST SUMMARY
Table 1 summarizes the estimated cost for the various components of the project. These costs are based upon
anticipated construction costs, assuming adequate subsurface soil conditions. Approximately 67% of the
street and storm sewer improvement costs and 100% of the watermain and sanitary sewer improvement costs
are proposed to be assessed to adjoining area properties. These proposed assessments are consistent with the
City’s Special Assessment Policy, a Special Assessment Agreement for Bell Oaks properties and the past
policies and practices of the City in constructing improvements to the collector road system in the Bluffs West
area and other areas of the community.
6
VI. CONCLUSIONS AND RECOMMENDATIONS
Based on this study, Improvement Contract No. 52-157 is feasible, cost effective, necessary, and the resulting
benefit will equal or exceed the proposed assessments to the abutting properties. It is therefore recommended
that the Eden Prairie City Council proceed with the project on a schedule similar to the one suggested in this
report.
7
TABLE 1
ESTIMATED COSTS
EDEN PRAIRIE IMPROVEMENT CONTRACT NO. 52-157
Riverview Road Street and Utility Improvements
Street &
Storm Sewer
Trail
Stormwater
Pond/Infiltration Watermain Sanitary Sewer Total
Construction $452,700
$145,000
$98,300 $6,000 $18,000 $720,000
Engineering $81,500
$26,100
$17,700 $1,100 $3,200 $129,600
Total $534,200
$171,100
$116,000 $7,100 $21,200 $849,600
Bell Oaks Share $267,100
0
0 0 0
9% Administration Fee $24,010
$540 $1,620 $26,170
1% Capitalized Interest $2,670
$60 $180 $2,910
Assessment Cost for Bell
Oaks $293,780
$293,780
Assessment Cost for Bell
Oaks Estates and Parcel
76 $103,220
$7,700 $23,000 $133,920
Total Assessment Cost*
$427,700
* Assessable cost is based on 74 Bell Oaks lots which results in a lot unit assessment of $3970/lot. Same Assessment rate is applied to 14 Bell
Oaks Estates lots and 12 future lots on Parcel 76.
PRELIMINARY ASSESSMENT ROLL
RIVERVIEW ROAD STREET AND STORM SEWER IMPROVEMENTS
I.C. 52-157
Parcel # PID # Owner Name Legal
Lot
Unit Amount (1)
1 3611622230008 Alan / Jennifer Littman Lot 1, Block 1, Bell Oaks 2nd 1 $3,970
2 3611622230009 Chris / Jeanie Dahlquist Lot 2, Block 1, Bell Oaks 2nd 1 $3,970
3 3611622230010 Michael / Rachel Grondahl Lot 3, Block 1, Bell Oaks 2nd 1 P.P. (2)
4 3611622230011 Douglas / Rebecca Neve Lot 4, Block 1, Bell Oaks 2nd 1 $3,970
5 3611622230012 Michael / Lisa O'Shaughnessy Lot 5, Block 1, Bell Oaks 2nd 1 P.P. (2)
6 3611622230013 John Hoffman / Maggie Mortensen Lot 6, Block 1, Bell Oaks 2nd 1 $3,970
7 3611622230014 Wolfgang / Mary Schroeder Lot 7, Block 1, Bell Oaks 2nd 1 $3,970
8 3611622230015 John / Janice Schmelzle Lot 8, Block 1, Bell Oaks 2nd 1 $3,970
9 3611622230016 Edward / Linda Carney Lot 9, Block 1, Bell Oaks 2nd 1 P.P. (2)
10 3611622230017 Mark / Shannon Merry Lot 10, Block 1, Bell Oaks 2nd 1 P.P. (2)
11 3611622230018 Mark / Susan Halverson Lot 1, Block 2, Bell Oaks 2nd 1 $3,970
12 3611622230019 Christine /Robert Hartman III Lot 2, Block 2, Bell Oaks 2nd 1 $3,970
13 3611622230020 John / Julie Heinmiller Lot 3, Block 2, Bell Oaks 2nd 1 P.P. (2)
14 3611622230021 Sherman / Cara Black Lot 4, Block 2, Bell Oaks 2nd 1 $3,970
15 3611622230022 Stephen / Deborah Benedict Lot 5, Block 2, Bell Oaks 2nd 1 $3,970
16 3611622230023 Elmer / Judith Swensen Lot 6, Block 2, Bell Oaks 2nd 1 $3,970
17 3611622230024 John / Teresa Eversman Lot 1, Block 3, Bell Oaks 2nd 1 $3,970
18 3611622230025 Elmer / Judith Swensen Lot 2, Block 3, Bell Oaks 2nd 1 P.P. (2)
19 3611622230026 Scott Smith / Kathryn Shelgren Lot 3, Block 3, Bell Oaks 2nd 1 $3,970
20 3611622230027 Randall / Kelley Lewis Lot 4, Block 3, Bell Oaks 2nd 1 $3,970
21 3611622230028 Lloyd / Nancy Stenbeck Lot 5, Block 3, Bell Oaks 2nd 1 $3,970
22 3611622230030 Lynn Speaker / Constance Walters-Speaker Lot 1, Block 1, Bell Oaks 3rd 1 P.P. (2)
23 3611622230031 Bryan / Marsha Virgin Lot 2, Block 1, Bell Oaks 3rd 1 $3,970
24 3611622230032 Bradley / Elizabeth Stratton Lot 3, Block 1, Bell Oaks 3rd 1 $3,970
25 3611622230033 Demetrios & Martha Demetriou Lot 4, Block 1, Bell Oaks 3rd 1 $3,970
26 3611622230034 Doug / Amy Frazzini Lot 5, Block 1, Bell Oaks 3rd 1 $3,970
27 3611622230035 William / Patricia Knoblauch Lot 6, Block 1, Bell Oaks 3rd 1 $3,970
28 3611622230036 David Reid / Danielle Moran Lot 7, Block 1, Bell Oaks 3rd 1 $3,970
29 3611622230037 P A / S A Wallace - Joseph / Andrea Wallace Lot 8, Block 1, Bell Oaks 3rd 1 P.P. (2)
30 3611622230038 Paul / Martha Dworak Lot 9, Block 1, Bell Oaks 3rd 1 $3,970
31 3611622230041 Edward / Kathleen Heil Jr. Lot 1, Block 1, Bell Oaks 4th 1 P.P. (2)
32 3611622230042 Robert / Joan Miller Lot 2, Block 1, Bell Oaks 4th 1 $3,970
33 3611622230043 Wesley / Susan Sund Lot 3, Block 1, Bell Oaks 4th 1 $3,970
34 3611622230044 Mark / Charlene Altman Lot 4, Block 1, Bell Oaks 4th 1 $3,970
35 3611622230045 Jacobus Vrolijk / Susan Cartwright Lot 5, Block 1, Bell Oaks 4th 1 P.P. (2)
36 3611622230046 Bruce / Lynne Mallory Lot 6, Block 1, Bell Oaks 4th 1 $3,970
37 3611622230049 William / Janet Stacey Lot 1, Block 1, Bell Oaks 5th 1 P.P. (2)
38 3611622230050 John / Ellen McQueen Lot 2, Block 1, Bell Oaks 5th 1 $3,970
39 3611622230051 Shawn / Angela O'Leary Lot 3, Block 1, Bell Oaks 5th 1 $3,970
40 3611622230052 Edward / Katherine Karr Lot 4, Block 1, Bell Oaks 5th 1 $3,970
41 3611622230053 Kenneth Mumford / Ria Neuendorff Lot 5, Block 1, Bell Oaks 5th 1 $3,970
42 3611622230054 Richard Kendrick / Alexandra Jaritz Lot 6, Block 1, Bell Oaks 5th 1 $3,970
43 3611622230055 Daniel / Elizabeth Wilczek Lot 1, Block 1, Bell Oaks 6th 1 $3,970
44 3611622230057 Frederick / Betty Vitt Lot 1, Block 1, Bell Oaks 7th 1 $3,970
45 3611622230058 Lorraine Lucas Lot 2, Block 1, Bell Oaks 7th 1 $3,970
46 3611622230059 James Bissonett Lot 3, Block 1, Bell Oaks 7th 1 $3,970
47 3611622230060 Larry / Helen Roybal Lot 4, Block 1, Bell Oaks 7th 1 $3,970
48 3611622230061 Asim / Aneela Qureshi Lot 5, Block 1, Bell Oaks 7th 1 P.P. (2)
49 3611622230062 David / Jeannette Reamsnyder Lot 6, Block 1, Bell Oaks 7th 1 $3,970
50 3611622230068 Barclays Capital RE Inc Lot 3, Block 1, Bell Oaks Estate 8th 1 $3,970
51 3611622230070 Travis Scott Lot 1, Block 1, Bell Oaks 8th 1 P.P. (2)
52 3611622230071 Marni Bond Lot 2, Block 1, Bell Oaks Estate 8th 2 $7,940
3611622240001 Elliott / Jean Cobb Lot 1, Block 1, Bell Oaks 1st 0 (3)
53 3611622240002 John / Sandra Lindquist Lot 2, Block 1, Bell Oaks 1st 1 P.P. (2)
3611622240003 Scott / Amy Boyle Lot 3, Block 1, Bell Oaks 1st 0 (3)
54 3611622240004 Dennis / Christine Kudelka Lot 4, Block 1, Bell Oaks 1st 1 $3,970
55 3611622240006 James / Traci Lahner Lot 2, Block 2, Bell Oaks 1st 1 P.P. (2)
56 3611622240007 Virginia Rowland Lot 3, Block 2, Bell Oaks 1st 1 $3,970
57 3611622240008 Hani / Ghson Kotifani Lot 4, Block 2, Bell Oaks 1st 1 P.P. (2)
3611622240009 John / Jodi Naylor Lot 5, Block 2, Bell Oaks 1st 0 (3)
58 3611622240010 Patina Ellis Lot 6, Block 2, Bell Oaks 1st 1 $3,970
3611622240011 Gary / Aimee Speier Lot 7, Block 2, Bell Oaks 1st 0 (3)
59 3611622240012 Joseph / Loretta Swanson Lot 8, Block 2, Bell Oaks 1st 1 $3,970
3611622240013 Steve / Kathleen Sather Lot 9, Block 2, Bell Oaks 1st 0 (3)
60 3611622240014 Brett / Michelle Swenson Lot 10, Block 2, Bell Oaks 1st 1 $3,970
3611622240015 Philip / Catherine Dien Lot 11, Block 2, Bell Oaks 1st 0 (3)
61 3611622240016 John / Cheryl Witham Lot 12, Block 2, Bell Oaks 1st 1 $3,970
3611622240017 Wylie / Rebecca Zhu Lot 13, Block 2, Bell Oaks 1st 0 (3)
62 3611622240018 Robert / Ilse Norris Lot 14, Block 2, Bell Oaks 1st 1 $3,970
63 3611622240019 Peter / Sandra Griffin Lot 15, Block 2, Bell Oaks 1st 1 P.P. (2)
64 3611622240020 Jonathan / Kristen Olson Lot 16, Block 2, Bell Oaks 1st 1 $3,970
65 3611622240021 Richard / Allison Skanse Lot 17, Block 2, Bell Oaks 1st 1 $3,970
66 3611622240022 Douglas / Gloria Faust Lot 18, Block 2, Bell Oaks 1st 1 $3,970
67 3611622240023 Carol / Dale Hanson Lot 19, Block 2, Bell Oaks 1st 1 $3,970
68 3611622240024 John / Cynthia Hoaglund Lot 20, Block 2, Bell Oaks 1st 1 $3,970
69 3611622240025 G. Patrick Bonnie / Mary Krapf Lot 21, Block 2, Bell Oaks 1st 1 $3,970
3611622240026 Jay / Marietta Turner Lot 22, Block 2, Bell Oaks 1st 0 (3)
70 3611622240027 John / Valerie Donovan Lot 23, Block 2, Bell Oaks 1st 1 P.P. (2)
3611622240028 Robert / Katheryn Barbieri Lot 24, Block 2, Bell Oaks 1st 0 (3)
3611622230002 Terry Strout Personal Trust Lot 25, Block 2, Bell Oaks 1st 0 (3)
3611622230003 Terry Strout Personal Trust Lot 26, Block 2, Bell Oaks 1st 0 (3)
71 3611622240031 Renzo Rotti / Sandra Quinn Rotti Lot 11, Block 1, Bell Oaks 2nd 1 $3,970
72 3611622240032 Khoa Cao / Ngoc-Bich Tran Lot 12, Block 1, Bell Oaks 2nd 1 P.P. (2)
73 3611622240033 Gary / Pamela Pech Lot 13, Block 1, Bell Oaks 2nd 1 $3,970
74 3611622240034 Jeffrey Xie / Jennifer Cai Lot 14, Block 1, Bell Oaks 2nd 1 P.P. (2)
75 3611622240035 Stuart / Alexa Smith Lot 6, Block 3, Bell Oaks 2nd 1 P.P. (2)
76 3611622310005 Michael / Amy Gresser Unplatted 36-116-22 12 $47,640
77 3611622320004 Timothy / Valerie Doherty Lot 1, Block 1, Bell Oaks Estate 1 $3,970
78 3611622320007 Country Inn Inc. Lot 1, Block 1, Bell Oaks Estate 2nd 1 $3,970
79 3611622320015 Walter / Melanie Gallagher Lot 1, Block 1, Bell Oaks Estate 4th 1 $3,970
80 3611622320016 Gary / Mary Morgan Lot 1, Block 2, Bell Oaks Estate 4th 1 $3,970
81 3611622320020 Robert / Navina Jones Lot 1, Block 1, Bell Oaks Estate 5th 1 $3,970
82 3611622320022 Frank / Barbara Heffelfinger Lot 1, Block 1, Bell Oaks Estate 6th 1 $3,970
83 3611622320024 James / Marilyn Dutcher Lot 1, Block 1, Bell Oaks Estate 7th 1 $3,970
84 3611622320025 James / Sandra Peterson Lot 2, Block 1, Bell Oaks Estate 7th 1 $3,970
85 3611622320026 Ronald Weeks Lot 1, Block 2, Bell Oaks Estate 7th 1 $3,970
86 3611622320029 Timothy / Valerie Doherty Lot 4, Block 1, Bell Oaks Estate 8th 1 $3,970
87 3611622320030 Jeffrey / Cheryl Cowan Lot 1, Block 2, Bell Oaks Estate 8th 1 $3,970
88 3611622240005 Peter / Cynthia De-Cesare Lot 1, Block 2, Bell Oaks 1st 1 (3)
TOTAL $397, 000**
1 = Based on a unit rate of $3,970
2 = Previously paid $3,800 and released from Riverview Road Assessments, in accordance with Resolution 99 -157.
3 = Exempt from Special Assessment Agreement 89-06 for reconstruction and widening of Riverview Road.
** TOTAL assessment amount reflects the $3970/unit rate applied to 74 Bell Oaks lots, 14 Bell Oaks Estates lots and 12 future lots for Parcel 76. Actual
assessment amount will be lower based on 21 pre -paid lots and 1 exempt lot.
PRELIMINARY ASSESSMENT ROLL
RIVERVIEW ROAD UTILITY IMPROVEMENTS
I.C. 52-157
Parcel # PID # Owner Name Legal Watermain Sanitary Sewer
76 (1) 3611622310005 Michael / Amy Gresser Unplatted 36-116-22 $7,700 $23,000
1 = Subject to trunk sanitary sewer and water assessments at time of development
CITY OF EDEN PRAIRIE
NOTICE OF HEARING ON PROPOSED
PUBLIC WORKS IMPROVEMENTS
I.C. 52-157
_________________________________________________________________
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN that the Eden Prairie City Council will meet at the Eden Prairie City Center,
8080 Mitchell Road, at 7:00 p.m. on Tuesday, May 19, 2009, to consider the making of the following
described improvements:
I.C. 52-157 – Riverview Road Street and Utility Improvements Between Homeward Hills Road and
Parker Drive / Sonoma Ridge. The area proposed to be assessed lies in the west half of Section 36,
Township 116, Range 22, Hennepin County, Minnesota. The total estimated assessable cost is
$427,700.
Pursuant to Minnesota State Laws, Section 429.011 to 429.111, the area proposed to be assessed for such
improvements is all that property within or abutting on the above described limits. Written or oral comments
relating to the proposed improvements will be received at this meeting.
By Order of the City Council
Kathleen Porta, City Clerk
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Publish: Eden Prairie News on May 7 & May 14, 2009
PROJECT SCHEDULE
(I.C. 52-157)
May 5, 2009 Receive Feasibility Report at City Council and Set Public Hearing Date
April 30, 2009 Deliver Notice of Public Hearing to Eden Prairie News and
Publish May 7 and May 14, 2009
May 1, 2009 Mail Notice of Public Hearing to Public
May 19, 2009 Hold Public Hearing and Order Improvements
July 16, 2009 Open Bids
July 21, 2009 Award Contract
November 2009 Substantial Completion, Final Assessment Hearing
Spring 2010 Assessments First Appear on Tax Statements
I BE LEGEND Street Improvements , Proposed Pond irpr 1 ipn4111111n4141 *4 01400 I Mil 041411111139 35 0 * < 34 x f ) 38 41 t 11540-411rAt 49 0 e 41 I . I P oa A 0 33 w 3 7 26 00 27 a I A 1 , 32 1•11T( W 15 41 1 It 13 12 DEY ROAD ..° ill 20 41 3 4 fiV4 111, 70 6 53 LA > E AIN tilli 56 57 60 55 0 VII4PAit 10 71 72 50 IVER IEW RO 54 < o_ 88 ikill att 76 111 W w 0 a 77 OAKs 41 84 § 1111114 z 0 80 Plim 1%1 41111 July 9, 2008 UP EDEN PRAIRIE CITY OF EDEN PRAIRIE RIVERVIEW ROAD FIGURE 1 STREET LAYOUT
74
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July 9, 2008
RN
EDEN
PRAIRIE
CITY OF EDEN PRAIRIE
RIVERVIEW ROAD
FIGURE 2
UTILITIES
5552564
SPA NO.89-06
AGREEMENT REGARDING SPECIAL ASSESSMENTS
THIS IS AN AGREEMENT MADE THIS‘251pADAY O
F
/1011)/ , 1989,
between the City of Eden Prairie,
a
m
u
n
i
c
i
p
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p
o
r
a
t
i
o
n
,
(
t
h
e
"
C
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t
y
"
)
,
Bell Oaks Company, a Minnesota Limit
e
d
P
a
r
t
n
e
r
s
h
i
p
(
t
h
e
"
O
w
n
e
r
s
"
)
.
A. The Owners holds legal and equitable
t
i
t
l
e
t
o
p
r
o
p
e
r
t
y
s
u
r
v
e
y
e
d
a
n
d
platted as Outlot D, Lots 2 and 4,
B
l
o
c
k
1
,
L
o
t
s
1
t
h
r
o
u
g
h
4
,
L
o
t
6
,
L
o
t
8
,
Lot 10, Lot 12, Lots 14 through 21,
L
o
t
2
3
,
B
l
o
c
k
2
B
e
l
l
O
a
k
s
First Addition
and Lots 1 through 14, Block 1, Lot
s
1
t
h
r
o
u
g
h
6
,
B
l
o
c
k
2
a
n
d
L
o
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s
1
t
h
r
o
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6, Block 3, Bell Oaks Second Addi
t
i
o
n
,
H
e
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p
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o
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n
t
y
,
M
i
n
n
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s
o
t
a
,
w
h
i
c
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property is the subject of this Agr
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e
m
e
n
t
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d
i
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h
e
r
e
i
n
a
f
t
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r
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e
f
e
r
r
e
d
t
o
a
s
the "Property".
B. The Owners desire to develop the P
r
o
p
e
r
t
y
i
n
s
u
c
h
a
m
a
n
n
e
r
t
h
a
t
will require the reconstruction and widening of Riverview Road along t
h
e
southerly border of the Property an
d
t
h
e
i
n
s
t
a
l
l
a
t
i
o
n
o
f
c
o
n
c
r
e
t
e
c
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b
a
n
d
gutter, storm sewer, sanitary sewe
r
,
w
a
t
e
r
m
a
i
n
a
n
d
t
r
a
i
l
s
(
a
l
l
o
f
w
h
i
c
h
i
s
hereafter referred to as the "Improv
e
m
e
n
t
s
"
)
.
C. The parties hereto desire to enter i
n
t
o
a
n
A
g
r
e
e
m
e
n
t
c
o
n
c
e
r
n
i
n
g
t
h
e
financing of the construction of the Improvements all of which will i
n
u
r
e
t
o
the benefit of the Property.
AGREEMENTS
IT IS HEREBY AGREED as follows:
1. The Owners consent to the levyin
g
o
f
a
s
s
e
s
s
m
e
n
t
s
a
g
a
i
n
s
t
t
h
e
Property for the construction of the
I
m
p
r
o
v
e
m
e
n
t
s
.
2. The Owners acknowledge that the Impr
o
v
e
m
e
n
t
s
r
e
f
e
r
r
e
d
t
o
h
e
r
e
i
n
a
r
e
part - of a larger construction project in
v
o
l
v
i
g
R
i
v
e
r
v
i
e
w
R
o
a
d
a
s
i
t
p
a
s
s
e
s
trerAND PRIOR TAXES PAID the Property as well as other lan
d
.
DEPT. OF PROPERTY TAX & PUBLIC RECORDS •
TRANSFER ENTERED
JUL 11
cortiln MINN.
Page -2-
3. Lots 1 and 3, Block 1 and Lots 1, 5,
7
,
9
,
1
1
,
1
3
,
2
2
,
2
4
,
2
5
a
n
d
26, Block 2, Bell Oaks First Additio
n
,
H
e
n
n
e
p
i
n
C
o
u
n
t
y
,
M
i
n
n
e
s
o
t
a
w
i
l
l
benefit in a similar manner as does th
e
P
r
o
p
e
r
t
y
.
These lots are sold or in
the process of being sold and the Ow
n
e
r
s
d
e
s
i
r
e
t
o
e
x
c
l
u
d
e
t
h
e
m
f
r
o
m
t
h
i
s
Agreement. The benefit of the improvem
e
n
t
s
t
o
R
i
v
e
r
v
i
e
w
R
o
a
d
to all property
within Bell Oaks First Addition and Bell Oa
k
s
S
e
c
o
n
d
A
d
d
i
t
i
o
n
l
y
i
n
g
n
o
r
t
h
o
f
Riverview Road shall be prorated to the Pro
p
e
r
t
y
w
h
i
c
h
i
s
t
h
e
s
u
b
j
e
c
t
o
f
t
h
i
s
Agreement as herein previously described.
4. The City presently intends to have pr
e
p
a
r
e
d
a
F
e
a
s
i
b
i
l
i
t
y
R
e
p
o
r
t
which will show the proposed costs to
b
e
a
s
s
e
s
s
e
d
a
g
a
i
n
s
t
t
h
e
P
r
o
p
e
r
t
y
.
T
h
e
actual cost to be assessed against th
e
P
r
o
p
e
r
t
y
m
a
y
d
i
f
f
e
r
f
r
o
m
t
h
e
a
m
o
u
n
t
shown in the Feasibility Report when
t
h
e
actual cost of construction is
known. A pro rata share of the total cost of con
s
t
r
u
c
t
i
o
n
f
o
r
t
h
e
e
n
t
i
r
e
"construction project" shall be assigned to the Property in the sam
e
. manner
as is done in the Feasibility Report.
5. The cost to be assessed against the P
r
o
p
e
r
t
y
f
o
r
t
h
e
c
o
n
s
t
r
u
c
t
i
o
n
of the Improvements will be the cost t
o
r
e
c
o
n
s
t
r
u
c
t
a
n
d
w
i
d
e
n
R
i
v
e
r
v
i
e
w
R
o
a
d
as a 28 foot wide residential collect
o
r
s
t
r
e
e
t
,
i
n
c
l
u
d
i
n
g
c
o
n
c
r
e
t
e
c
u
r
b
a
n
d
gutter and all utilities referred to
a
b
o
v
e
i
n
P
a
r
a
g
r
a
p
h
"
B
"
.
City at its
option may increase the width of Rive
r
v
i
e
w
R
o
a
d
t
o
more than 28 feet and the
City will assume the cost for this additi
o
n
a
l
w
i
d
t
h
.
For purposes of
determining the amount of the assessment, t
h
e
c
o
s
t
o
f
t
h
e
I
m
p
r
o
v
e
m
e
n
t
s
s
h
a
l
l
include, in addition to actual constructio
n
c
o
s
t
s
,
a
d
m
i
n
i
s
t
r
a
t
i
v
e
,
i
n
t
e
r
e
s
t
and engineering costs and fees incurred
o
r
p
a
i
d
b
y
t
h
e
C
i
t
y
i
n
r
e
l
a
t
i
o
n
s
h
i
p
to construction of the Improvements.
BY:
Carl L prie
Its City Onager
BELL OAKS COMPANY
A Minnesota LiTi-te0 Partnership
BY:
Its
Page
6. The City's assessment records for the Property w
i
l
l
s
h
o
w
t
h
e
assessment as a "pending assessment" until levied.
7. The Owners waive notice of any assessment hearing
t
o
b
e
h
e
l
d
a
t
which hearing or hearings the assessment is to b
e
c
o
n
s
i
d
e
r
e
d
b
y
t
h
e
C
i
t
y
Council and therefter approved and levied.
8. The Owners concur that the benefit to the Property
b
y
v
i
r
t
u
r
e
o
f
the Improvements to be constructed exceeds the amoun
t
o
f
t
h
e
a
s
s
e
s
s
m
e
n
t
t
o
b
e
levied against the Property. The Owners waive all ri
g
h
t
s
t
h
e
y
h
a
v
e
b
y
v
i
r
t
u
e
of Minnesota Statute 429.081 or otherwise to challe
n
g
e
t
h
e
a
m
o
u
n
t
o
r
v
a
l
i
d
i
t
y
of the assessments, or the procedures used by the
C
i
t
y
i
n
a
p
p
o
r
t
i
o
n
i
n
g
t
h
e
assessments and hereby releases the City, its offic
e
r
s
,
a
g
e
n
t
s
a
n
d
e
m
p
l
o
y
e
e
s
from any and all liability related to or arising
o
u
t
o
f
t
h
e
i
m
p
o
s
i
t
i
o
n
o
r
levying of the assessments.
CITY OF EDEN PRAIRIE
A Minnesota Municipal Corporation
6144-td —dr/pp-7
t'ary Public
Sharon A. Sollivan-Atvord
NOTARY PUBLIC. MINNESOTA ,
HENNEPIN COUNTY I
My corrmIssion expires 02 02 95
•
64‘264.1C4*
Notary Public
inorn6 ;;11)4 4.4grPf4
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Page -4
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ZIL day of
1989, by Gary D. Peterson, the Mayor and Carl J. Jullie, the
City Manager of the City of Eden Prairie, a Minnesota municipal corporation,
on behalf of the corporation.
STATE OF MINNESOTA )
) ss.
COUNTY OF fien/Prq )
The foregoing instrument was ac)(nowledged before me this 2d
1989, by 71)(2.2...'d Z..ezt,24.1
limited partnership, on behalf of the partnership.
day of
the
of Bell Oaks Company, a Minnesota
Sharon A. SullivanAlvord
NOTARY PUBLIC. MINNESOTA
HENNEPIN-COUNTY
My commission expires 02 02 95
HS NSTRUIVIENT WA $ DRAM Y
t ?, •
5552564 55 B5555G4 DOC $10 .00 4 OFFICE OF COUNTY RECORDER PEtnory COUNTY, MINNESOTA CI:RIVED ;ib-H:, 1440 RECOMED 89 JUL II Pll 1: 56' AS DOCUMENT it5552564 CO. RECORDER 1. FF fl Ar DEPUTY
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2009-
RESOLUTION RECEIVING FEASIBILITY REPORT
AND SETTING PUBLIC HEARING
I.C. 52-157
WHEREAS, a report has been given by the City Engineer, recommending the following
improvements to wit:
I.C. 52-157 Riverview Road Street and Utility Improvements
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
1. The Council will consider the aforesaid improvements in accordance with the report and
the assessment of property abutting or within said boundaries for all or a portion of the cost
of the improvement pursuant to M.S.A. Section 429.011 to 429.111, at an estimated total
cost of the improvements as shown.
2. A public hearing shall be held on such proposed improvement on May 19, 2009, at 7:00
p.m. at the Eden Prairie City Center, 8080 Mitchell Road. The City Clerk shall give
published and mailed notice of such hearing on the improvements as required by law.
ADOPTED by the Eden Prairie City Council on May 5, 2009.
______________________________
Phil Young, Mayor
ATTEST: SEAL
______________________________
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
May 5, 2009
DEPARTMENT/DIVISION:
Fire – George F. Esbensen
Police – Rob Reynolds
ITEM DESCRIPTION:
Second Reading of Ordinance
Amending City Code Chapter 9, Section
9.10, Relating to Fire and Burglar,
Robbery and Safety Alarm Systems
ITEM NO.: VIII.J.
Requested Action
Move to: Approve second 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 and adopt resolution approving
summary ordinance.
Synopsis
The first reading of the Ordinance was approved at the April 21, 2009, City Council meeting.
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
Summary Ordinance
Resolution
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;
f. 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 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 COUNSEL OF THE
CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND
ORDERS AS FOLLOWS:
A. Ordinance No. __-2009 is lengthy and contains charts.
B. The text of summary of Ordinance No. __-2009, attached hereto as Exhibit A,
conforms to M.S. § 331A.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 __-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 May 5, 2009.
___________________________
Phil Young, Mayor
(Seal)
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 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:
Summary: This ordinance amends Chapter 9, Section 9.10 of the City Code by repealing the
existing section in its entirety and adopting a new Section 9.10 A regulating fire alarms and a
new Section 9.10 B regulating burglar, robbery and safety alarms. With respect to fire alarms
the ordinance provides for an appeal from the imposition of false alarm fees, collection of
delinquent fees by certification to the county auditor, and registration, certification, inspection,
testing, maintenance, suspension and annual education requirements for required fire alarms.
With respect to burglar, robbery and safety alarms the ordinance provides for an appeal from the
imposition of false alarm fees, collection of delinquent fees by certification to the county auditor,
the registration of alarms and the suspension of police response in situations where the owner is
delignquent in the payment of alarm fines or registration fees.
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
SECTION: Consent Calendar
DATE: May 5, 2009
DEPARTMENT/DIVISION:
Paul Sticha, Office of the City
Manager, Facilities
ITEM DESCRIPTION:
City Center Roofing Project
ITEM NO.: VIII.K.
Requested Action
Move to: Award the contract to replace the “Garden Room Roof” and the “City Hall Roof” at
City Center to Peterson Brothers Roofing & Construction.
Synopsis
Base Bid Alternate G-1 Alternate G- 2 Total
Peterson Brothers $319,353 $48,000 $230,000 $597,353
John A. Dalsin $347,241 $51,000 $273,100 $671,341
McPhillips Declined to Bid
Total Budgeted $722,000
Background Information
The cost for the “Garden Room Roof” will be recovered through the rental payments from CH
Robinson Worldwide. The budget for this roof is $220,000. Debt will be issued for the “City
Hall Roof”. The budget for this roof is $451,000. Perhaps due to the economy, prices are very
attractive, and are about 14% less on a cost per square foot basis than they were last year. Staff
recommends that the contract be awarded to Peterson Brothers.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
May 5, 2009
DEPARTMENT/DIVISION:
Leslie A. Stovring
Public Works / Environmental
ITEM DESCRIPTION: #07-5698
Approve Amended Contract and Plans and
Specifications and Order Advertisement for
Bids for stabilization work in the Lower
Minnesota River Watershed District.
ITEM NO.: VIII.L.
Requested Action
Move to: Approve plans and specifications and order advertisement for bids for I.C. 07-
5698, Study Areas 1 & 2 Erosion Stabilization Project.
Approve an Amendment to the Contract for SRF in the amount of $23,420
Synopsis
With the assistance of SRF Consulting Group, Inc., the Engineering Division has prepared plans
and specifications for stabilization of Study Areas 1 and 2 within the Lower Minnesota River
Watershed District (LMRWD). LMRWD has reviewed and approved the plans.
SRF has also requested additional funds for the project (Study Areas 1, 2, 3 and 4) due to
unanticipated conditions encountered during the projects and the need for monitoring of the
project areas that was not included in the original proposal. These costs would be paid as part of
the LMRWD project which includes a cost-share between the District and the City.
Council approval will allow the Study Areas 1 and 2 projects to be advertised for bid and will
authorize an increase of $23,420 to the SRF professional services agreement.
Background Information
Plan & Specification Approval
Study Areas 1 and 2 are located south of Flying Cloud Drive, along Old Riverview Road. There
has been significant downcutting of the culverts by approximately 15 to 20 feet and formation of
steeply-banked ravines in both areas. At the upstream location there is drainage from Flying
Cloud Drive that contributes to the stormwater flow that will need to be stabilized as part of the
project.
Study Areas 1 and 2 both include discharging the existing 30-inch CMP storm sewer into a drop
structure along with extending the storm sewer to a point south of Old Riverview Road to a point
where the down-cutting has eased and the channel banks have stabilized. The down-cut portion
of the erosion gully would then be backfilled and compacted. A riprap basin will be installed at
the outlet to further reduce the energy of the stormwater discharge as they flow directly to Grass
Lake.
Amendment to Professional Services Agreement
Study Areas 1 & 2 - Conditions were identified that required a review of current and historical
wetland conditions. One area was determined to be incidental and the construction limits were
adjusted so that no wetland impacts are included in the construction areas. In addition, one year
of post-construction monitoring and preparation of as-builts will be added to the scope of work.
Study Area 3 – Study Area 3 includes a portion of Riverview Road south of the BFI Landfill that
washed out due to seeps within the river bank and encroachment by the Minnesota River. A new
washout was identified during winter 2008. LMRWD asked that our consultant perform
additional assessment of the area to ensure that the bank was not destabilizing to where it could
potentially encroach onto private property. LMRWD and SRF are also exploring options for
funding due to the large scope of work that would be required to stabilize this area.
Study Area 4 - Study Area 4 consisted of repairing and stabilizing a reach of Purgatory Creek
downstream of Riverview Road. Additional work includes delineation of wetland conditions, on-
site adjustments to the construction area, preparation of as-builts and two years of post-
construction monitoring. SRF also assisted with clean up of a hydraulic fluid leak on site by the
contractor.
Project Schedule
Construction for Study Areas 1 & 2 is anticipated to begin in July 2009 with completion by
December 2009, depending on summer rainfall and creek flow conditions.
Financial Implications
The anticipated construction cost for Study Areas 1 & 2 is $102,104. Lower Minnesota River
Watershed District has agreed to reimburse the city 50% of the costs, up to a maximum of
$51,052. The remainder will be paid out of the stormwater utility fund.
The contract amendment totals $23,420 and will be added to the engineering costs for the overall
project being completed in coordination with LMRWD.
Attachment:
SRF Proposal
Wtili C ONSULTING GROUP, INC.
ENGINEERS 1 PLANNERS 1 DESIGNERS
MINNEAPOLIS
FARGO
MADISON
SRF No. 0076205
April 28, 2009
Leslie Stovring
Environmental Coordinator
CITY OF EDEN PRAIRIE
8080 Mitchell Road
Eden Prairie, Minnesota 55344
SUBJECT: EROSION STABILIZATION PROJECT
ADDITIONAL TASKS COST DETAILS
Dear Leslie:
In reference to Contract No. 07-5698 between the City of Eden Prairie and SRF Consulting
Group, this letter provides details regarding expended and anticipated additional services and
costs for the four study areas. Each study area is broken into two categories — completed tasks
and future planned tasks, with costs assigned to each sub-task.
Study Areas 1&2
COMPLETED TASKS
1. Wetland Delineation and Report
Due to the proximity of this project to floodplain areas and
groundwater seepage identified as discharging within the Study
Areas, it was determined that a wetland delineation should be
completed. Work includes historical photos purchase, review and
analysis; wetland delineation; survey; CAD file creation; wetland
impact and sequencing analysis; and preparation of the wetland
delineation report.
2. Construction plan updates
Construction plans were modified to avoid wetland impacts.
Includes re-contouring of proposed construction and updating
construction plans and cost estimate.
www.srfconsulting.corn
One Carlson Parkway North, Suite 150 I Minneapolis, MN 55447-4443 I 763.475.0010 Fax: 763.475.2429
An Equal Opportunity Employer
$3,500
$1,300
Leslie Stovring 2 April 28, 2009
FUTURE PLANNED TASKS
1. As-Built Construction Survey
Complete a post-construction survey of the project including
inverts and structure locations.
2. Construction Plan Update
Update construction plans utilizing as-built survey information in
CADD and produce electronic files ready for printing.
3. 2009 Growing Season Vegetation Monitoring
Monitor, evaluate condition, and document vegetation
establishment four times during 2009. Condition assessment will
include inspection for invasive species, erosion problems,
vegetation cover, seepage issues, and any maintenance needs.
2. 2010 Growing Season Vegetation Monitoring
Evaluate and document condition of vegetation two times during
the growing season — in the spring and again in the fall.
Total for Study Areas 1&2
$720
$500
$1,400
$900
$8,320
Study Area 3
COMPLETED TASKS
The report was completed and submitted to you in October, 2008. Following this submittal, a
number of activities have taken place in support of continuing analysis and planning for next
steps. Some of these activities are associated with the project and were included in the scope;
those listed below were additional.
1. Next Steps Planning Meeting $640
A meeting between the City, the Watershed District and SRF was
held to determine potential next steps to stabilize this area and
appropriate funding for stabilization of the river bank. SRF
worked with LMRWD to contact agencies to determine potential
funding sources.
2. Conduct Bluff Erosion Site Survey $1,620
One visual site visit was conducted and documented at the request
of LMRWD by SRF and GaleTech to determine the extent of
Leslie Stovring 3 April 28, 2009
potential bluff erosion after a large slough occurred in the fall of
2008. The survey was also used to determine to what degree
Riverview Road and upland bluff areas were vulnerable to another
large bluff collapse.
FUTURE PLANNED TASKS
1. Continuing Planning Assistance
The City anticipates a continuing need for SRF and Gale Tech
technical assistance in planning and preparing for next steps in
design and obtaining project funding.
Study Area 3 Total
$1,000
$3,260
Study Area 4
COMPLETED TASKS
1. Wetland delineation, survey and CAD file creation.
After review of the creek bank, groundwater seepage was identified
that required a wetland delineation. This work included wetland
delineation field work w/ GPS and documentation, data
processing, CAD file creation, wetland impacts analysis and
mitigation planning.
2. Construction limit review, update, and staking
On-site modifications were required during construction. This
scope of work includes a field visit to review original construction
limit staking and restaking, survey of new construction limits, and
survey data processing & CAD file creation.
3. Plan update and legal description.
Based on the modifications, the base files, construction plans, and
temporary easement legal description were updated
4. Wetland permit assistance
SRF provided assistance with preparation of a draft joint permit
application, responded to comments received regarding the
proposed mitigation, finalized the plans; and prepared and paid
the DNR individual permit application and fee.
$2,600
$2,200
$1,300
$1,200
Leslie Stovring 4 April 28, 2009
5. Contractor spill investigations $320
This spring the contractor reported a hydraulic fluid spill to the
Fire Department. SRF assisted in evaluating site cleanup
activities and reported the results to the City.
FUTURE PLANNED TASKS
1. As-Built Construction Survey $720
Complete a post-construction survey of the project including
locations of toe at waterline (during base flow), boulder vanes, and
top of constructed bank.
2. Construction Plan Update $500
Update construction plans utilizing as-built survey information in
CADD and produce electronic files ready for printing.
$2,100 3. 2009 Growing Season Vegetation Monitoring
Evaluate and document condition of vegetation at final
acceptance. Monitor, evaluate condition, and photographically
record vegetation establishment four times in 2009. Condition
assessment will include inspection for invasive species and weed
encroachment, erosion problems, vegetation cover, live staking
and brush mat survival, seepage issues, and any maintenance
needs. A short written report and photographic documentation
will be provided after each monitoring visit.
4. 2010 Growing Season Vegetation Monitoring
Evaluate and document the condition of vegetation two times
during the growing season. A short written report and
photographic documentation will be provided after each
monitoring visit.
Total for Study Area 4
$900
$11,840
SRF requests a total compensation for the above-described work on for a fee not to exceed
$23,420. Compensation will be billed on an hourly basis for actual time expended. Other direct
project expenses such as mileage, printing, supplies, reproduction, etc. will be reimbursed at
cost, and mileage will be reimbursed at the current allowable IRS rate for business miles.
Leslie Stovring 5 April 28, 2009
All terms and conditions set forth in Contract No. 07-5698, "Erosion Stabilization Feasibility
Study, dated 31 July 2007 will remain in effect.
Sincerely,
Walter C. Eshenaur, P.E.
Senior Associate
APPROVED: APPROVED:
City Administrator (signature)
Mayor (signature)
Name Name
Title Title
Date Date
WCE/DWF/smf
H:\Projects\6205\WR\DOC\Extra Work summary letter.docx
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
May 5, 2009
DEPARTMENT/DIVISION:
Stuart Fox, Parks and Natural
Resources Manager, Parks and
Recreation
ITEM DESCRIPTION:
Award Bid for Overlay of Trails to
Wm. Mueller & Sons Inc.
ITEM NO.: VIII.M.
Motion
Move to: Award the contract for Trail Overlay Construction to Wm. Mueller & Sons Inc. in
the amount of $63,032.50 for overlayment work on the eight-foot wide bike trails
along Scenic Heights Rd., Duck Lake Trail, and Prairie Center Drive.
Synopsis
The City advertised for the overlay of the bituminous trail along the north side of Scenic Heights
Rd. from Red Rock Road east to Mitchell Rd., the north side of Duck Lake Tr. From Duck Lake
Rd. to 168th Street and along Prairie Center Dr. from 494 to the west entrance of Eden Prairie
Center. Specifications for the work were prepared and the City received quotes from five
contractors. The work is based on overlaying approximately 5,270 lineal feet of existing 8 foot
wide trail. Additional work includes the installation of fifteen pedestrian ramps at various road
and driveway crossings.
Background
The money for doing this trail reconstruction comes from the Capital Improvement Project
funding in the Public Works Department for the reconstruction and new construction of trails and
sidewalks along road right of ways throughout the City. The summary of the bids submitted is as
follows:
Wm. Mueller & Sons Inc. $63,032.50
Bituminous Roadways $64,402.50
Midwest Asphalt Corp. $69,650.75
Northwest Asphalt $74,238.00
Plehal Blacktopping, Inc $78,613.50
Staff estimate for this project was $85,000 based on 2008 bid/quote information.
Each of the submitters met the guidelines as detailed in the bid specification and staff
recommends the contract be awarded to Wm. Mueller & Sons.
The project work will begin in early June with full completion by mid-July. City staff will restore
the lawn areas.
Attachments
Location Map of Overlay Segments
Trail Overlay Construction - 2009
North t
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
May 5, 2009
DEPARTMENT/DIVISION:
Sue Kotchevar, Office of the
City Manager/Finance
ITEM DESCRIPTION:
Payment of Claims
ITEM NO.: X.
Requested Action
Move to: Approve the Payment of Claims as submitted (roll call vote)
Synopsis
Checks 185862 – 186258
Wire Transfers 3400 – 3411
184 13,
202
Total General Funds 340,322
309
Total Special Revenue Funds 10,964
522
Total Capital Project Funds 45,256
702
703 Storm Drainage Fund 6,648
Total Enterprise funds 564,307
City of Eden Prairie
Council Check Summary
5/05/20009
Division Amount Division Amount
General 104,300 802 494 Commuter Services 173,409
101 Legislative 3,818 803 Escrow Fund 1,500
102 Legal Counsel 32,205 Total Agency Funds 174,909
110 City Clerk 176
111 Customer Service 11,292 807 Benefits Fund 539,985
113 Communications 8,772 810 Workers Comp Insurance 209,159
114 Benefits & Training 4,386 812 Fleet Internal Service 78,750
117 City Center 133 813 IT Internal Service 8,589
130 Assessing 48 814 Facilities Capital ISF 17,533
131 Finance 10,140 815 Facilites Operating ISF 48,460
132 Housing and Community Services 16,361 816 Facilites City Center ISF 85,025
133 Planning 1,950 817 Facilites Comm. Center ISF 76,064
Total Internal Service Funds 1,063,564136Public Safety Communications 4,985
150 Park Administration 31
Report Totals 2,199,322151Park Maintenance 7,366
153 Organized Athletics 16,386
154 Community Center 9,157
156 Youth Programs 718
158 Adult Recreation 307
159 Recreation Administration 54
162 Arts 506
163 Outdoor Center 995
168 Arts Center 95
180 Police 14,366
184 FireFire 13,498498
186 Inspections 136
200 Engineering 547
201 Street Maintenance 9,085
Street Lighting 68,507
301 CDBG 10,699
303 Cemetary Operation 19
DWI Forfeiture 245
315 Economic Development 593
502 Park Development 24,952
509 CIP Fund 11,847
515 Fire Station #4 2,438
Improvement Projects 2006 5,427
601 Prairie Village Liquor 157,203
602 Den Road Liquor 164,440
603 Prairie View Liquor 111,661
605 Den Road Building 9,775
701 Water Fund 106,618
Sewer Fund 7,962
City of Eden PrairieCouncil Check Register5/5/2009Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation186253 221,071 HEALTHPARTNERSMedical/Dental Premiums Health and BenefitsMay Health Insurance185941 209,159 LEAGUE MN CITIES INS TRUSTWorkers Comp Insurance Workers Comp Insurance Workers Comp186028 178,287 XCEL ENERGYElectricCity Hall - CAMUtilities186252 173,409 EDINA, CITY OFFund Balance/RE494 Corridor Commission Starting Fund Balance-494 Corr Commission3403 148,600 WELLS FARGO MINNESOTA N AFederal Taxes Withheld Health and BenefitsFederal Taxes Withheld3401 119,572 PUBLIC EMPLOYEES RETIREMENT AS PERAHealth and BenefitsPERA3408 88,784 MINNESOTA DEPT OF REVENUECash Over/ShortGeneral Fund186162 48,198 NELSON DODGE-GMCAutosPublic Works186125 46,814 JOHN DEERE GOVERNMENT & NATION Machinery & Equipment Park & Rec Fixed Asset186103 42,606 GREGERSON ROSOW JOHNSON & NILA LegalLegal Criminal Prosecution186128 39,971 JOHNSON BROTHERS LIQUOR COTransportationPrairie Village Liquor Store185931 31,914 JOHNSON BROTHERS LIQUOR COTransportationPrairie View Liquor Store186055 31,596 CENTERPOINT ENERGY SERVICES IN GasWater Treatment Plant3404 29,393 MINNESOTA DEPT OF REVENUEState Taxes WithheldHealth and Benefits186071 25,142 DIVERSE BUILDING MAINTENANCE Janitor ServiceArts Center186107 23,847 HAGGENMILLER LUMBER INCBuilding MaterialsPark Acquisition & Development185975 20,231 PHILLIPS WINE AND SPIRITS INCTransportationPrairie View Liquor Store186035 18,415 ABM JANITORIALSERVICES-NORTH C Cleaning SuppliesCity Hall - CAM186190 18,097 QUALITY WINE & SPIRITS COTransportationPrairie Village Liquor Store186180 17,733 PRAIRIE ELECTRIC COMPANYContract Svcs - Electrical Community Center Maintenance186229 17,551 YALE MECHANICAL INCContract Svcs - HVAC Ice Arena Maintenance185915 16,414 GRIGGS COOPER & COTransportationPrairie View Liquor Store186142 15,969 MARK VIIBeerPrairie Village Liquor Store3405 15,670 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund186181 15,137 PRAIRIE PARTNERS SIX LLPBuilding RentalPrairie Village Liquor Store185928 14,381 JJ TAYLOR DISTRIBUTING MINNESO TransportationPrairie View Liquor Store186147 14,239 METRO ATHLETIC SUPPLYRecreation SuppliesSoftball185986 13,654 QUALITY WINE & SPIRITS COTransportationPrairie View Liquor Store3402 13,323 ICMA RETIREMENT TRUST-457Deferred Compensation General Fund3411 13,038 WELLS FARGO MINNESOTA N AFederal Taxes Withheld Health and Benefits186158 13,000 MMKRAudit & FinancialFinance186105 12,523 GRIGGS COOPER & COWine ImportedPrairie Village Liquor Store186011 12,284 THORPE DISTRIBUTINGBeerPrairie Village Liquor Store186214 11,965 THORPE DISTRIBUTINGMisc TaxablePrairie Village Liquor Store186033 11,462 A-SCAPE INCContract Svcs - Snow Removal City Hall - CAM185961 11,447 MOELTER GRAIN INCLime Residual Removal Water Treatment Plant186204 11,414 SOUTH METRO PUBLIC SAFETY TRAI Contract Svcs - General Bldg Public Safety Training Facilit186176 11,070 PHILLIPS WINE AND SPIRITS INCTransportationPrairie Village Liquor Store185945 10,697 MARK VIIBeerPrairie View Liquor Store186124 9,543 JJ TAYLOR DISTRIBUTING MINNESO TransportationPrairie Village Liquor Store185899 9,408 DAY DISTRIBUTINGBeerPrairie View Liquor Store186182 8,544 PRAIRIEVIEW RETAIL LLCBuilding RentalPrairie View Liquor Store185913 8,525 GRAYMONTTreatment ChemicalsWater Treatment Plant185887 8,424 CENTERPOINT ENERGYGasWater Treatment Plant186171 8,358 PAUSTIS & SONS COMPANYTransportationPrairie Village Liquor Store186065 8,319 DAKOTA SUPPLY GROUP INCCapital Under $10,000 Water Metering185878 8,289 BELLBOY CORPORATIONTransportationPrairie Village Liquor Store
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation186115 8,000 HOLLYWOOD ENTERTAINMENTCity Building RentalDen Bldg. - CAM186066 7,929 DAY DISTRIBUTINGBeerPrairie Village Liquor Store186207 7,500 SRF CONSULTING GROUP INCOther Contracted Services Storm Drainage186050 7,494 BELLBOY CORPORATIONTransportationPrairie Village Liquor Store186024 7,374 WINE MERCHANTS INCLiq Inventory CreditsDen Road Liquor Store186179 6,695 POSTAGE BY PHONE RESERVE ACCOU PostageGeneral186032 6,482 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing and Community Service185948 6,402 MCF-LINO LAKESOther Contracted Services Utility Operations - General186247 6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing and Community Service185891 6,143 COMMUNITY ACTION PARTNERSHIP RefundsCDBG - Public Service185966 6,128 NILSSON, BETHInstructor ServiceIce Show186151 6,000 MIDWEST DESIGN COOther Contracted Services Communications186081 5,924 EMERGENCY APPARATUS MAINTENANC Equipment Repair & Maint Fire185964 5,600 NEW WORLD SYSTEMSOther AssetsCIP - Bonds186242 5,180 NEW WORLD SYSTEMSOther AssetsCIP - Bonds185925 5,040 INFRATECHOther Contracted Services Storm Drainage186226 4,820 WINE MERCHANTS INCTransportationPrairie Village Liquor Store186058 4,640 CLAUDE'S CERAMIC TILE INCContract Svcs - General Bldg Pool Maintenance186232 4,462 ZIEGLER INCContract Svcs - Fire/Life/Safe Fire Station #1185990 4,274 RICHFIELD, CITY OFLicenses & TaxesFleet Operating186225 4,161 WINE COMPANY, THETransportationPrairie Village Liquor Store185927 4,000 JAB'S GEHRIG & COMPANYImprovement Contracts Improvement Projects 2006185997 3,818 SOUTHWEST SUBURBAN CABLE COMMI Dues & SubscriptionsCity Council185933 3,792 KEEPERSClothing & UniformsFire185888 3,676 CENTURYTELTelephoneIT Telephone185922 3,676 HEWLETT-PACKARD COMPANYComputersIT Operating186120 3,500 IND SCHOOL DIST 272Other Contracted Services Housing and Community Service186075 3,451 EAGLE WINE COMPANYTransportationPrairie Village Liquor Store186141 3,447 MADISON NATIONAL LIFEDisability Ins Employers Health and Benefits185944 3,446 MADISON NATIONAL LIFEDisability Ins Employers Health and Benefits185965 3,373 NEWMECHContract Svcs - Ice Rink Ice Arena Maintenance185890 3,250 CLOSED CIRCUIT SPECIALISTS INC Work In ProgressPrairie Village Liquor Store186043 3,186 ANDERBERG INNOVATIVE PRINT SOL PrintingPolice186029 3,050 YALE MECHANICAL INCEquipment Repair & Maint Water Treatment Plant186037 2,957 ACTION FLEET INCMachinery & Equipment Fire185971 2,941 PAUSTIS & SONS COMPANYTransportationPrairie View Liquor Store186239 2,930 HENNEPIN COUNTY SHERIFF'S OFFI Board of PrisonerPolice186101 2,843 GRAYMONTTreatment ChemicalsWater Treatment Plant186227 2,833 WORLD CLASS WINES INCTransportationPrairie Village Liquor Store186161 2,827 MTI DISTRIBUTING INCEquipment PartsFleet Operating186234 2,798 ASPEN WASTE SYSTEMS INC.Waste DisposalGeneral Community Center186121 2,639 INFRATECHEquipment PartsSewer System Maintenance185937 2,601 LAKE COUNTRY DOOR LLCContract Svcs - General Bldg Public Works/Parks186112 2,600 HILDI INCAudit & FinancialFinance186082 2,565 EMPLOYERS ASSOCIATION INCOther Contracted Services Organizational Services186206 2,335 SOUTHWEST SUBURBAN PUBLISHING- PrintingCommunications185957 2,247 MINNESOTA PRINT MANAGEMENT LLC Office SuppliesWater Accounting186222 2,207 VAN PAPER COMPANYCleaning SuppliesCity Hall - CAM185959 2,204 MINNESOTA VALLEY ELECTRIC COOP ElectricRiley Lake186164 2,197 NEWMECHContract Svcs - Ice Rink Ice Arena Maintenance185943 2,163 MAACOEquipment Repair & Maint Fleet Operating
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation186137 2,147 LINDSTROM CLEANING CONSTBuilding PermitsGeneral Fund186057 2,110 CLAREYS INCSafety SuppliesSewer System Maintenance186018 2,105 USA MOBILITY WIRELESS INCPager & Cell PhoneWireless Communication186098 2,074 GRAINGERSupplies - General Bldg Pool Maintenance186196 1,950 ROBERT C VOGELOther Contracted Services Heritage Preservation185938 1,907 LANDS END CORPORATE SALESClothing & UniformsPolice186039 1,891 AIM ELECTRONICSContract Svcs - Ice Rink Ice Arena Maintenance186099 1,804 GRAPE BEGINNINGSTransportationPrairie Village Liquor Store185991 1,774 SCAFFOLD SERVICE INCImprovements to Land Capital Impr/Maint Fixed186245 1,770 RICHFIELD, CITY OFAutosPublic Works186069 1,710 DEPARTMENT OF PUBLIC SAFETYSoftware Maintenance IT Operating186076 1,709 EARL F ANDERSEN INCBuilding MaterialsPark Maintenance185926 1,708 INTERNATIONAL UNION OF OPERATI Union Dues WithheldGeneral Fund185981 1,704 PRIOR WINE COMPANYTransportationPrairie View Liquor Store185962 1,686 MTI DISTRIBUTING INCEquipment PartsFleet Operating185963 1,568 MUELLER CORepair & Maint. Supplies Water Metering185939 1,545 LANO EQUIPMENT INCEquipment PartsFleet Operating186007 1,542 SUBURBAN TIRE WHOLESALE INCTiresFleet Operating185902 1,523 EAGLE WINE COMPANYTransportationPrairie View Liquor Store185932 1,475 KARST, JOAN EConference ExpenseGeneral Community Center185992 1,387 SCHONSTEDT INSTRUMENT COMPANY Equipment Repair & Maint Water System Maintenance186205 1,300 SOUTHDALE YMCA - CHILD CARERefundsCDBG - Public Service186150 1,285 MIDWEST COCA COLA BOTTLING COM Misc TaxablePrairie Village Liquor Store186116 1,250 HOMELINERefundsCDBG - Public Service186046 1,250 ARENA SERVICES AND PRODUCTS Contract Svcs - Ice Rink Ice Arena Maintenance3410 1,226 MINNESOTA DEPT OF REVENUEState Taxes WithheldHealth and Benefits186130 1,220 KEEPERSClothing & UniformsFire185952 1,193 METRO SALES INCORPORATED*Office SuppliesGeneral186013 1,182 TRUE FABRICATIONSOperating SuppliesWine Club186220 1,160 TRUE FABRICATIONSOperating SuppliesWine Club185936 1,149 LAB SAFETY SUPPLY INCCleaning SuppliesUtility Operations - General185885 1,139 CDW GOVERNMENT INC.Other HardwareIT Operating185911 1,102 GRAINGERRepair & Maint. Supplies Community Center Maintenance186187 1,080 PUBLIC SAFETY EQUIPMENT LLCEquipment Repair & Maint Police186113 1,078 HIRSHFIELDS PAINT MANUFACTURIN Operating SuppliesPark Maintenance186172 1,054 PEPSI COLA COMPANYMerchandise for Resale Concessions186054 1,042 BUETOW AND ASSOCIATES INCDesign & Engineering Park Acquisition & Development185970 1,040 PAUL'S TWO-WAY RADIOOther Contracted Services Wireless Communication186023 1,020 WINE COMPANY, THETransportationPrairie View Liquor Store185987 1,010 QWESTTelephoneWater Distribution185924 981HOHENSTEINS INCBeerPrairie View Liquor Store185996 972 SNAP-ON TOOLSSmall ToolsFleet Operating186022 967 WESTSIDE EQUIPMENTEquipment PartsFleet Operating186026 956 WORLD CLASS WINES INCTransportationPrairie View Liquor Store3406 925 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund186079 910 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues WithheldGeneral Fund186067 905 DEALER AUTOMOTIVE SERVICES INC Equipment PartsFleet Operating186096 900 GOOD, JAMIETuition Reimbursement/School Organizational Services186185 895 PROFESSIONAL TURF & RENOVATION ChemicalsPark Maintenance186163 883 NEW FRANCE WINE COMPANYTransportationPrairie Village Liquor Store186093 875 GE CAPITALOther RentalsGeneral
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation186209 816 STATE CHEMICAL MFG. CO., THECleaning SuppliesUtility Operations - General185977 811 POMP'S TIRE SERVICE INCTiresFleet Operating186063 809 CORPORATE EXPRESSOffice SuppliesGeneral185968 789 O'REILLY AUTOMOTIVE INCEquipment PartsFleet Operating186073 782DOHERTY, SANDRA LOther Contracted Services Volleyball185956 770 MINNESOTA FIRE SERVICE CERTIFI Employment Support Test Fire186215 755 TIGER CORPORATIONEquipment PartsFleet Operating186042 743 ANCHOR PRINTING COMPANYPrintingPolice186166 719 NORTHERN SAFETY TECHNOLOGY INC Capital Under $10,000 Fleet Operating186008 664 SULLIVANS UTILITY SERVICES INC Janitor ServicePublic Works/Parks186053 644 BUCK, NATHANOther Contracted Services Volleyball186244 640 PRAIRIE ELECTRIC COMPANYContract Svcs - ElectArts Center185900 616 DIAMOND MOWERS INCEquipment PartsFleet Operating186256 600 RAMSEY COUNTY SHERIFF'S OFFICE DepositsEscrow186177 595 POKORNY COMPANYContract Svcs - HVAC Ice Arena Maintenance186117 592 HORIZON COMMERCIAL POOL SUPPLY Cleaning SuppliesPool Maintenance186255 590 PITNEY BOWESPostageGeneral186095 590 GETTMAN COMPANYMisc TaxablePrairie Village Liquor Store185884 588 CARLOS CREEK WINERYWine DomesticDen Road Liquor Store185929 581 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant186144 577 MCPHILLIPS BROS ROOFING COBuildingCIP - Bonds186010 543 THE OASIS GROUPEmployee AssistanceOrganizational Services185908 542 GE CAPITALOther RentalsGeneral186074 540 DPC INDUSTRIES INCTreatment ChemicalsWater Treatment Plant185917 537 GS DIRECTOperating SuppliesEngineering186208 536 STANLEY SECURITY SOLUTIONS INC Supplies - SecurityCommunity Center Maintenance185872 523 AVI SYSTEMS INCEquipment Repair & Maint Communications186118 516HYDRO-VAC INCOther Contracted Services Sewer System Maintenance185954 500 MICHAELSON, ELIZABETH HOther Contracted Services Summer Theatre186047 478 ASPEN WASTE SYSTEMS INC.Waste DisposalCity Hall - CAM186241 468 KIDS TEAM TENNIS LLCInstructor ServiceTennis186122 468 J H LARSON COMPANYSupplies - ElectricalCommunity Center Maintenance186114 467HOHENSTEINS INCBeerPrairie Village Liquor Store186003 466 STORK, ALEXOther Contracted Services Environmental Education186140 466 MACQUEEN EQUIPMENT INCEquipment PartsFleet Operating3409 461 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund185862 460 A MEYER'S ENTERPRISES INCInstructor ServiceOutdoor Center186080 444 ELVIN SAFETY LLCEquipment Testing/Cert. Fire186138 441 LIONS TAPOperating SuppliesFire186230 435YOUNGQUIST, DEBRAAR UtilityWater Enterprise Fund185983 424 PROPUnited Way WithheldGeneral Fund185949 423 MENARDSCanine SuppliesPolice185958 411 MINNESOTA TROPHIES & GIFTSOperating SuppliesFire185989 400 REMARKABLE REPTILES, THEOther Contracted Services Outdoor Center186100 400 GRAYBARContract Svcs - Electrical City Hall - CAM186094 389 GENERAL GROWTH PROPERTIES LP-E Building RentalHousing and Community Service185910 388 GRAFIX SHOPPEEquipment PartsFleet Operating185863 378 ALTERNATIVE BUSINESS FURNITURE Supplies - General Building City Center Operations185893 377 CORPORATE EXPRESSOffice SuppliesGeneral185879 373 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs - Security City Center Operations185903 369 EXTREME BEVERAGEMisc TaxableDen Road Liquor Store
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation185866 364 AMERIPRIDE LINEN & APPAREL SER Repair & Maint. Supplies Prairie View Liquor Store185905 363 FIELDSTONE VINEYARDSWine DomesticPrairie View Liquor Store186056 360 CHISAGO LAKES DISTRIBUTINGBeerDen Road Liquor Store186216 353 TOLL GAS AND WELDING SUPPLYEquipment PartsFleet Operating186170 350 PAT KERNS WINE MERCHANTSTransportationPrairie View Liquor Store186132 349 KRISS PREMIUM PRODUCTS INCSupplies - HVACCity Hall - CAM185919 340 HAMMERSCHMIDT, RICKOperating SuppliesFire186186 338 PROSOURCE SUPPLYSupplies - General Bldg Community Center Maintenance186155 329 MINNESOTA MUNICIPAL BEVERAGE A Conference ExpenseDen Road Liquor Store185972 328 PCS TECHNOLOGIES INCOther HardwareIT Operating186139 312 M. AMUNDSON LLPMisc Non-TaxablePrairie Village Liquor Store185918 308 H M CRAGG COEquipment Repair & Maint Wireless Communication185946 305 MARK'S BPEquipment Repair & Maint Police186192 303 REED BUSINESS INFORMATIONLegal Notices Publishing Street Maintenance185875 300 BAUER BUILT TIRE AND BATTERYEquipment PartsFleet Operating186213 300 SUSADues & SubscriptionsUtility Operations - General186048 293 BAUER BUILT TIRE AND BATTERYEquipment PartsFleet Operating185896 293 CROSSTOWN MASONRY INCDepositsEscrow185868 287 ANDERSON, ERIKTuition Reimbursement/School Fire185988 285 REED BUSINESS INFORMATIONLegal Notices Publishing Street Maintenance186086 283 FISHER SCIENTIFICProcess Control Equipment Water Treatment Plant185940 276 LANZI, BOBMileage & ParkingIce Arena186021 276 WESTERN COMMERCIALDepositsEscrow186092 274 GARELICK STEEL CO INCEquipment Repair & Maint Traffic Signals185912 273 GRAPE BEGINNINGSTransportationDen Road Liquor Store186030 266 ZEE MEDICAL SERVICESafety SuppliesPool Operations185980 265 PRAIRIE LAWN AND GARDENEquipment PartsFleet Operating186015 264 UNITED WAYUnited Way WithheldGeneral Fund185874 263 BARNES, BELINDA A.Other Contracted Services Volleyball186097 261 GOPHER STATE ONE-CALL INCOCS-Leak DetectionUtility Operations - General186064 257 CRACAUER, CLIFFMileage & ParkingFleet Operating185976 255 PLASTICS INTERNATIONALEquipment Repair & Maint Park Maintenance186072 254 DMX MUSICOther Contracted Services Prairie Village Liquor Store186184 253 PRIOR WINE COMPANYWine ImportedPrairie Village Liquor Store186025 250 WONDERWEAVERSOther Contracted Services Special Events & Trips186136 250 LEROY JOB TRUCKING INCOther Contracted Services Animal Control185921 245 HENNEPIN COUNTY I/T DEPTEquipment Repair & Maint Wireless Communication186193 242 RELIAKOR SERVICES INCContract Svcs - Asphalt/Concr. City Hall - CAM186085 240 FASTENAL COMPANYEquipment PartsFleet Operating186123 239 JANEX INCEquipment PartsCity Hall - CAM186000 238 STAR TRIBUNEDues & SubscriptionsUtility Operations - General186036 237 ACCURINT - ACCOUNT # 1348824Other Contracted Services Police186019 229 WATER CONSERVATION SERVICES IN OCS-Utility LocatesWater System Maintenance186016 225 UPPER MIDWEST COMMUNITY POLICI Other Contracted Services Police186221 222 VALLEY NAT'L GASES-LOC 93Equipment PartsFleet Operating186083 220 ENVIRONMENTAL EQUIPMENT & SERV Equipment PartsFleet Operating186134 220 LAKE COUNTRY DOOR LLCContract Svcs - General Bldg Fire Station #1186243 220 PADNIEWSKI, JESSICAAccounts ReceivableCommunity Center Admin185984 219 QUALITY PROPANEMotor FuelsIce Arena Maintenance185864 218 AMCON CONSTRUCTIONDepositsEscrow186195 217 RIGID HITCH INCORPORATEDEquipment PartsFleet Operating
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation185871 212 AURORA PICTURESOffice SuppliesGeneral186218 212 TRI COUNTY BEVERAGE & SUPPLY BeerPrairie View Liquor Store186223 212 VINTAGE ONE WINES INCTransportationPrairie Village Liquor Store186154 210 MINNESOTA DEPT OF LABOR AND IN Licenses & TaxesFire Station #1186146 210 MENARDSBuilding MaterialsPark Maintenance185892 209 COMMUNITY HEALTH CHARITIESUnited Way WithheldGeneral Fund186006 207 SUBURBAN CHEVROLETEquipment PartsFleet Operating185865 207 AMERICAN PRESSURE INCEquipment Repair & Maint Fleet Operating186237 207 FLYING CLOUD ANIMAL HOSPITAL Canine SuppliesPolice186257 205 TOYOTA FINANCIAL SERVICESMiscellaneousDWI Forfeiture185867 204 ANCHOR PRINTING COMPANYPrintingPolice185898 201 D&D INSTRUMENTSEquipment Repair & Maint Fleet Operating185920 200 HARLEY CONSULTING & COACHING Other Contracted Services Organizational Services185978 200 PRAIRIE ELECTRIC COMPANYOther Contracted Services Sewer Liftstation186240 197 KEEPERSClothing & UniformsPolice185894 193 COSTCOOperating SuppliesParks Administration3400 192 WISCONSIN DEPARTMENT OF REVENU State Taxes WithheldHealth and Benefits186108 192 HALDEMANN HOMME INCCleaning SuppliesCommunity Center Maintenance3407 191 MINNESOTA DEPT OF REVENUEMotor FuelsFleet Operating185882 191 BRO-TEX INCEquipment PartsFleet Operating186212 185 SUBURBAN CHEVROLETEquipment PartsFleet Operating185906 184 FIRE SAFETY USA INCSmall ToolsFire186169 183 OLSEN FIRE PROTECTIONContract Svcs - Fire/Life/Safe Fire Station #1186088 183 FLYING CLOUD T/S #U70Waste DisposalPark Maintenance185901 182 DNRAwardsBasketball186167 181 NUCO2 INCChemicalsPool Maintenance186034 180 AARP 55 ALIVE MATURE DRIVINGOther Contracted Services Classes/Programs/Events186145 179 MEDTOXEmployment Support Test Organizational Services186119 177 IN THE NEWS INCOperating SuppliesFire186248 170 STEVE LUCAS PHOTOGRAPHYCanine SuppliesPolice185973 170 PETSMARTMiscellaneousAnimal Control185889 169 CHOICE INCOther Contracted Services Prairie Village Liquor Store185999 164 ST JOSEPH EQUIPMENT INCEquipment Repair & Maint Fleet Operating186183 162 PRINTERS SERVICE INCContract Svcs - Ice Rink Ice Arena Maintenance186198 161 SCHAITBERGER, CHUCKConference ExpenseFire186201 160 SHERWIN WILLIAMS COOperating SuppliesFire186211 160 STREICHERSClothing & UniformsPolice186258 152 WATER ENVIRONMENT FEDERATION Dues & SubscriptionsUtility Operations - General186052 151 BOUNDLESS NETWORKClothing & UniformsDay Care186199 150 SCRAP METAL PROCESSORS INCWaste DisposalFleet Operating185881 150 BOYLES, SAMSmall ToolsFleet Operating186078 144 EDEN PRAIRIE APPLIANCECapital Under $10,000 Furniture185998 141 SPS COMPANIESEquipment PartsSnow & Ice Control185993 141 SHAMROCK GROUP, INC - ACE ICETransportationPrairie View Liquor Store186062 137 CONNORS, MARJORIE & PETERSales Tax PayableGeneral Fund186090 137 FORSBERG, SCOTTAccounts ReceivableCommunity Center Admin186159 137 MOORE, DAVIDAccounts ReceivableCommunity Center Admin186235 135 BLACK & DECKER, USPTGEquipment Repair & Maint Park Maintenance185995 133 SHRED-ITWaste DisposalCity Center Operations186109 127 HARRINGTON, MIKEMileage & ParkingPolice185967 125 NUCO2 INCChemicalsPool Maintenance
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation186084 124 EXTREME BEVERAGEMisc TaxablePrairie View Liquor Store186254 120 MGWAConference ExpenseUtility Operations - General186217 120 TOM'S WINDOW CLEANINGWindow CleaningDen Bldg. - Direct185969 120 PAPCO INCRepair & Maint. Supplies Pool Maintenance186153 115 MINNESOTA DEPT OF HEALTHLicenses & TaxesWater Treatment Plant186041 114 AMERIPRIDE LINEN & APPAREL SER Janitor ServicePrairie Village Liquor Store186005 107 STREICHERSClothing & UniformsPolice186077 103 ECOLAB INCContract Svcs - Pest Control Public Works/Parks186040 100 AMEMDues & SubscriptionsUtility Operations - General186044 100 ANDERSON, JEANRefundsEnvironmental Education186051 100 BIESANZ, JENNIFERRefundsEnvironmental Education186068 100 DEL RIO, ELVIARefundsEnvironmental Education186070 100 DERKS, CARRIERefundsEnvironmental Education186091 100 FRANK, MARYRefundsEnvironmental Education186102 100 GREEN, HILDARefundsEnvironmental Education186129 100 JORGENSON, TERRANCERefundsEnvironmental Education186135 100 LANDER, GRANTRefundsEnvironmental Education186160 100 MOSKOWITZ, STACEYRefundsEnvironmental Education186191 100 QUINN, MICHAELRefundsEnvironmental Education186203 100 SOLIE, SHARANRefundsEnvironmental Education186224 100 WERTJES, PAMRefundsEnvironmental Education186202 100 SIGNSOURCESignsPrairie Village Liquor Store185955 96 MIDWEST ASPHALT CORPORATION Patching AsphaltStreet Maintenance186249 95 TASER INTERNATIONALTuition Reimbursement/School Police186149 94 MGWADues & SubscriptionsUtility Operations - General185909 94 GEMPLER'SClothing & UniformsUtility Operations - General185895 92 CRIPE, JACQUELYN VOther Contracted Services Volleyball185907 92 FOSTER, KATHERINEOther Contracted Services Volleyball186089 92 FORDAHL, TAMARAOther Contracted Services Volleyball186233 92 AMERICAN RED CROSSLicenses, Permits, Fees Pool Lessons186009 90 SUN NEWSPAPERSAdvertisingCommunications185870 90 AT&T MOBILITYPager & Cell PhoneWater System Maintenance186251 85 DIRECTVCable TVCommunity Center Admin186020 85 WEIDENFELLER, GINInstructor ServiceArts Center186038 81 ADVANCED SUPPLYEquipment PartsFleet Operating186002 80 STOPTECH LTDOperating SuppliesPolice185960 80 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ERGeneral Fund185897 78 CULLIGAN BOTTLED WATEROperating SuppliesFire185876 75 BCA/TRAINING & INVESTIGATION S Tuition Reimbursement/School Police185923 75 HICKMAN, JONInstructor ServiceOutdoor Center186157 73 MINNESOTA WANNER COMPANYEquipment PartsSnow & Ice Control185873 69 AXELSON, NANCYTuition Reimbursement/School Fitness Classes186219 68 TROPICANA CHILLED DSDMerchandise for Resale Concessions186200 66 SHAMROCK GROUP, INC - ACE ICETransportationPrairie Village Liquor Store186004 63 STOVRING, LESLIEMileage & ParkingStorm Drainage186061 61 COMPAR INCOther HardwareIT Operating185880 60 BOLD, PAULINEInstructor ServiceOutdoor Center186236 60 BURNSVILLE, CITY OFTuition Reimbursement/School Police186152 59 MINNESOTA CHIEFS OF POLICE ASS PrintingPolice185947 54 MASSConference ExpenseRecreation Administration186194 54 RICHFIELD, CITY OFLicenses & TaxesFleet Operating
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation185869 53 ASPEN EQUIPMENT CO.Equipment PartsFleet Operating186188 53 QUALITY PROPANEMotor FuelsIce Arena Maintenance186148 52 METROPOLITAN FORDEquipment PartsFleet Operating186012 51 TIGER CORPORATIONEquipment PartsFleet Operating186017 50 UPSEquipment Repair & Maint Wireless Communication186087 50 FLOREY, JAMESRefundsEnvironmental Education186165 50 NICKLAUS, TODDRefundsEnvironmental Education186178 50 POLLINO, ALLANRefundsEnvironmental Education186045 48 APPRAISAL INSTITUTEDues & SubscriptionsAssessing186231 48YOUNGQUIST, SAMANTHAAccounts ReceivableCommunity Center Admin185883 45 BRW ENTERPRISESWine DomesticDen Road Liquor Store185904 45 FASTENAL COMPANYEquipment PartsFleet Operating186131 44 KRAEMERS HARDWARE INCSupplies - General Bldg Community Center Maintenance185953 44 METROPOLITAN FORDEquipment PartsFleet Operating185942 40 LUNDGREN, AUDREY & ROBERTDepositsCommunity Center Admin185994 38 SHEVLIN, LATASHALessons & ClassesPool Lessons186143 34 MARK, GRACESales Tax PayableGeneral Fund186111 34 HEWLETT-PACKARD COMPANYOther HardwareIT Operating185951 30 METRO FIRERepair & Maint. Supplies Fire185935 29 KUSTOM SIGNALS INCEquipment Repair & Maint Police186250 29 WEBER, ANNETTEAccounts ReceivableCommunity Center Admin186197 26 ROSS, STEPHANIEAccounts ReceivableCommunity Center Admin186228 26 XCEL ENERGYElectricFlying Cloud Off Leash Park185982 25 PRIORITY COURIER EXPERTSEquipment Repair & Maint Fleet Operating186156 23 MINNESOTA POLLUTION CONTROL AG Licenses & TaxesWater Treatment Plant185950 22 MERLINS ACE HARDWARECleaning SuppliesCommunity Center Maintenance186001 20 STATE OF MINNESOTAMiscellaneousDWI Forfeiture186059 20 CLOUTIER, DANIELDepositsCommunity Center Admin186210 20 STATE OF MINNESOTAMiscellaneousDWI Forfeiture185934 20 KRAEMERS HARDWARE INCRepair & Maint. Supplies Pool Maintenance186014 16 UNIFORMS UNLIMITEDOperating SuppliesPolice186173 14 PETSMARTCanine SuppliesPolice186060 13 COMCASTOperating SuppliesFire186110 13 HEALTHWAYSTuition Reimbursement/School Fitness Classes186168 11 O'NEILL, EUGENEAR UtilityWater Enterprise Fund186238 10 HENNEPIN COUNTY GIS USER GROUP Dues & SubscriptionsEngineering186246 10 RINGQUIST, JOHNMembershipsArts Center185916 4 GROTH MUSICOperating SuppliesCommunity Band186106 3 GROTH MUSICOperating SuppliesCommunity Band2,199,322 Grand Total
CITY COUNCIL AGENDA
SECTION: Appointments
DATE: May 5, 2009
DEPARTMENT
Office of the City Manager
ITEM DESCRIPTION:
Flying Cloud Airport Joint Airport Zoning
Board Appointments
ITEM NO.: XIII.A.
Requested Action:
Move to: Accept the request of the Metropolitan Airports Commission to participate in a Joint
Airport Zoning Board for Flying Cloud Airport and appoint ____________________ and
___________________ to the Joint Airport Zoning Board for Flying Cloud Airport.
Synopsis
The City Council discussed membership on the Joint Airport Zoning Board at their April 21, 2009,
meeting. It was agreed that action on the item would be considered at the May 5, 2009, City
Council meeting.
Background
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.
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: “Motion by King, seconded by 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.
CITY COUNCIL AGENDA
SECTION: Reports of the City Manager
DATE:
May 5, 2009
DEPARTMENT/DIVISION:
Police Department
Chief Rob Reynolds
ITEM DESCRIPTION:
Hennepin County Byrne Justice Assistance Grant
Agreement Execution
ITEM NO.:
Requested Action
Move to: Approve the agreement authorizing Hennepin County to submit a grant application to
the United State Department of Justice for FY09 Recovery Act Edward Byrne Memorial Justice
Assistance Grant on behalf of the City of Eden Prairie.
Synopsis
Under the FY09 Recovery Act Edward Byrne Memorial Justice Assistance Grant program, the
City of Eden Prairie is eligible for $71,087 in funding.
Background
The American Recovery and Reinvestment Act (ARRA) was signed into law on February 17,
2009. Among the stated purposes of the ARRA are: (1) to preserve and create jobs and promote
economic recovery and (2) to stabilize state and local government budgets, in order to minimize
and avoid reductions in essential services and counterproductive state and local tax increases.
One of the resources under this law is the Edward Byrne Memorial Justice Assistance Grant
(JAG) Program. The JAG Program allows states and local governments to support a broad range
of activities to prevent and control crime and improve the criminal justice system. The procedure
for allocating JAG grants is based on a formula of population and violent crime statistics. Based
on this formula, the City of Eden Prairie is eligible for $71,087 in grant money.
The Police Department intends to use the grant money to fund the following five programs
which have either been cut in 2009 or are predicted to be unavailable in 2010:
1. CounterAct curriculum focusing on alcohol, tobacco, drug and violence prevention for
fifth grade students and taught by school liaison officers. The money will be used for the
2009-10, 2010-11 and 2011-12 school years.
In the past this curriculum has been funded by two sources: a federal grant and the Eden
Prairie Optimists Club. Funding from these two sources has been depleted and the Police
Department feels strongly that children in our community continue to receive this
valuable training.
2. Juvenile Diversion staffing to manage the program and run family conferences for
offenders and victims. Grant money will cover staffing for 2010, 2011 and part of 2012.
The Eden Prairie diversion program began in 2006 as an alternative response to minor
offenses involving juveniles and young adults. When responding to property crimes, as
well as a variety of other minor offenses, officers have the discretion to refer the offender
to the diversion program. Once referred, juveniles are diverted to one of several
diversion options, most often a family conference. Funding to staff this program is
expected to be eliminated as part of the City’s overall budget reduction.
3. Park Rangers for the summers of 2009, 2010 and 2011. Park Rangers patrol city parks,
enforce ordinances, direct traffic, staff special events and complete minor maintenance
tasks. Funding for Park Rangers has been eliminated as part of the City’s overall budget
reduction.
4. The Cellebrite UFED System, a mobile forensics hardware/software system used to
capture cellular phone data. The system is a simple interface that can be used by police
officers to capture data from cellular phones. Funding for this item is not available due to
the City’s overall budget situation.
5. Recon Scout Robot, a robot that uses a camera system to obtain critical visual
intelligence to save lives and reduce property damage. Funding for this item was
eliminated as part of the City’s overall budget reduction.
Attachment
Agreement
Contract No: A090314
AGREEMENT
This Agreement is between the COUNTY OF HENNEPIN, STATE OF
MINNESOTA, (the “COUNTY”), the Cities of Bloomington, Brooklyn Center, Brooklyn
Park, Champlin, Crystal, Eden Prairie, Edina, Golden Valley, Hopkins, Maple Grove,
Minneapolis, Minnetonka, New Hope, Plymouth, Richfield, Robbinsdale, St. Louis Park,
(“CITIES”) (COUNTY and/or Cities may be individually called a “PARTY” and
collectively called “PARTIES”).
WHEREAS, the PARTIES, authorize the COUNTY to submit a grant application
to the United States Department of Justice for the FY09 Recovery Act Edward Byrne
memorial Justice Assistance Grant (the “GRANT”) on behalf of the PARTIES and to
serve as fiscal agent for the PARTIES; and
WHEREAS, the PARTIES recognize the need to set forth the duties and
obligations of the PARTIES with respect to the administration of the Grant;
NOW, THEREFORE, in consideration of mutual undertakings and agreements
hereafter set forth, the PARTIES hereby agree as follows:
1. TERM
This Agreement shall become effective upon approval by all PARTIES on the
date of approval by the last PARTY and shall continue through September 30,
2012, or the completion of the services provided hereunder, whichever is earlier,
unless terminated earlier in accordance with the provisions herein.
Any Party may cancel this Agreement immediately if the Party reasonably
believes there has been a failure to comply with the provisions of this Agreement,
or failure to comply with the terms of the Grant award, rules, or guidelines or
failure to comply with applicable law.
2. SERVICES TO BE PROVIDED
Hennepin County will submit the 2009 Recovery Act Edward Byrne Memorial
Justice Assistance Grant application 2009-F1786-MN-SU (“Grant”).
In the event all Grant funds are received, each local unit of government will
receive grant funds in the following amounts:
BLOOMINGTON $ 185,284
BROOKLYN CENTER $ 229,771
BROOKLYN PARK $ 423,769
CHAMPLIN $ 23,849
CRYSTAL $ 57,329
EDEN PRAIRIE $ 71,087
EDINA $ 36,690
GOLDEN VALLEY $ 54,117
HOPKINS $ 39,900
MAPLE GROVE $ 67,876
MINNEAPOLIS $ 3,763,170
MINNETONKA $ 46,321
NEW HOPE $ 56,411
PLYMOUTH $ 69,252
RICHFIELD $ 171,525
ROBBINSDALE $ 50,907
ST LOUIS PARK $ 107,777
HENNEPIN COUNTY
ADMINISTRATION $ 308,379
Total $ 5,763,414
If the Grant funds are less than $5,763,414, the parties shall distribute the actual
funds received in proportion to the table above less the costs of administration set
forth herein.
If any Grant funds are received, Hennepin County shall serve as the fiscal agent
on behalf of the above named local units of government. The COUNTY shall
provide financial administrative services necessary for the administration of the
grant, including but not limited to the following:
Satisfy financial and administrative grant requirements.
Submit financial, programmatic and similar reports required under the
grant.
Work with the Department of Justice to resolve administrative issues.
Comply with grant conditions regarding financial administration of the
grant including but not limited to reporting, data collection and evaluation
requirements prescribed by the grant.
Coordinate compliance with the organization audit requirements attached
to the grant.
Manage grant funds.
Pursuant to applicable accounting standards and procedures, maintain
financial and accounting books and records as shall be necessary,
appropriate and convenient for the proper administration of the grant.
COUNTY shall be entitled to the five percent (5%) administrative fee set forth in
the Memorandum of Authorization.
3. DUTIES OF THE PARTIES
The PARTIES, individual and collectively, acknowledge that COUNTY will be
administering the Grant on their behalf and agree to cooperate fully with
COUNTY in all matter with respect to such grant administration so as to allow
COUNTY to satisfy the grant requirements, including but not limited to the
following acts:
Comply with the provisions of the Grant award, rules, and guidelines and
comply with applicable law including, as applicable, but not limited to the
Single Audit Act Amendments of 1996 as amended and Office of
Management and Budget Circular A-133.
Maintain books and records relating to the receipt and expenditure of grant
funds for six (6) years after expiration of this Agreement.
Report the receipt and expenditures to the other PARTIES on a quarterly
basis, then report a final accounting, pursuant to applicable accounting
standards, upon expiration of this Agreement.
Supply full and complete information, as requested by COUNTY, so as to
allow COUNTY to satisfy the grant conditions and requirements.
Work together with COUNTY to ensure that all grant conditions and
requirements are met.
Provide COUNTY with data and information sufficient for COUNTY to
meet its reporting, data collection and evaluation requirements as prescribed
by the grant.
Eligible expenditures under this grant contract must be incurred by the
grantee by the expiration date of the grant agreement.
Abide by the provisions of the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13 (MGDPA), the Health Insurance Portability
and Accountability Act and implementing regulations, if applicable, and all
other applicable state and federal laws, rules, regulations and orders relating
to data privacy or confidentiality.
4. LIABILITY AND INDEMNIFICATION
Each PARTY agrees that it will be responsible for its own errors, acts and
omissions and the results thereof to the extent authorized by law and shall not be
responsible for the errors, acts and omissions of any other PARTY and the results
thereof, provided, however, BROOKLYN PARK and MINNEAPOLIS agree to
defend, indemnify and hold harmless COUNTY from all liabilities, claims,
demands, losses, costs, expenses and causes of action of any kind or character,
including the cost of defense thereof resulting from the provision of services
under this Agreement.
The PARTIES liability is governed by the provisions of Minnesota Statutes,
Chapter 466. Under no circumstances shall a PARTY be required to pay on
behalf of itself and other PARTIES any amounts in excess of the limits on
liability established in Minnesota Statutes Chapter 466 applicable to any one
PARTY. The statutory limits of liability for some or all of the PARTIES may not
be added together or stacked to increase the maximum amount of liability for any
party.
5. COUNTERPARTS
This agreement may be executed in several counterparts, each of which shall be
regarded as an original and all of which shall constitute but one and the same
Agreement.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
COUNTY BOARD AUTHORIZATION
COUNTY OF HENNEPIN
Reviewed by the County STATE OF MINNESOTA
Attorney’s Office
By:
______________________________ Chair of Its County Board
Date: ________________________
ATTEST:
Deputy/Clerk of County Board
Date:
And:
Assistant/Deputy/County Administrator
Date:
CITY OF EDEN PRAIRIE
By:
Its:
And:
Its:
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