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HomeMy WebLinkAboutCity Council - 02/16/2010 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,FEBRUARY 16, 2010 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, City Attorney Ric Rosow, and Recorder Lorene McWaters FLYING CLOUD AIRPORT ADVISORY COMMISSION: Richard King—Chair, Jeffrey Larsen—Vice-Chair, Judy Gentry, Greg McKewan, Mark Michelson, Jeff Nawrocki, Kurt Schendel, Scott Kipp— Staff Liaison Heritage Room II I. WELCOME AND INTRODUCTIONS (Rick King—Chair) 5:30-5:40 II. PRESENTATION ON 2009 YEAR END REPORT AND 2010 GOALS (Mark Michelson and Kurt Schendel) 5:40-6:00 III. MISCELLANEOUS: RUN-UP AREA, NOTIFICATION LETTERS, AND NOISE TESTING (Rick King) 6:00-6:10 V. DISCUSSION (All) 6:10-6:25 Council Chamber VI. OPEN PODIUM A. Brynn Witt—Kennel License Renewal Policy VII. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 16, 2010 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 Siira Gunderson 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. DORTHEA NELSON AWARD PRESENTATION B. ART CENTER DONATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 19, 2010 B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 19, 2010 C. SPECIAL COUNCIL MEETING HELD TUESDAY, FEBRUARY 3, 2010 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. FLYING CLOUD AIRPORT ADVISORY COMMISSION VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING FINAL PLAT OF MENARD'S 8TH ADDITION C. APPROVE SETTLEMENT AGREEMANT WITH CINCINNATI INSURANCE COMPANY RELATING TO MANLEY DEVELOPMENT, INC DEFAULT ON COMPLETING LANDSCAPING AGREEMENT WORK ON THE HERITAGE DEVELOPMENT PROJECT CITY COUNCIL AGENDA February 16, 2010 Page 2 D. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS E. DECLARE VEHICLES AS SURPLUS F. APPROVE 2010 VEHICLE REPLACEMENT FUND SCHEDULE G. APPROVE AMENDED CONTRACT FOR REPAIR OF STILLING BASIN 36-42-C H. APPROVE AMENDED CONTRACT FOR NEILL LAKE BERM ANALYSIS IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF EASEMENTS—MENARDS 7TH ADDITION, LOT 1, BLOCK 1 (Resolution) B. ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR ACQUISITION OF A FACILITY BY THE PROP SHOP C. SMITH DOUGLAS MORE HOUSE CONDITIONAL USE PERMIT AMENDMENT D. ISSUANCE OF UP TO A $6,000,000 MULTIFAMILY HOUSING REVENUE NOTE, SERIES 2010 TO REFINANCE PREVIOUS BONDS ISSUED BY COMMUNITY HOUSING DEVELOPMENT CORPORATION AND FINANCE APPROXIMATELY $2,000,000 IN IMPROVEMENTS (PRAIRIE MEADOWS) (Resolution) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Cummins Grill House Lease C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. First Amendment to the Lease Between the City of Eden Prairie and Puregace LLC at the Smith-Douglas-More Property 2. Heritage Preservation Ordinance Report CITY COUNCIL AGENDA February 16, 2010 Page 3 D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Three Rivers Park District Hyland-Bush-Anderson Lakes Regional Park Reserve Master Plan (Resolution) 2. Riley Property Acquisition 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: February 12, 2010 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, February 16, 2010 TUESDAY,FEBRUARY 16, 2010 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. PROCLAMATIONS/PRESENTATIONS A. DORTHEA NELSON AWARD PRESENTATION Parks and Recreation Department employee Nicole Weedman was recently selected to receive the Dorothea Nelson Award. This prestigious award is given to a female who is a professional member of the Minnesota Recreation and Parks Association (MRPA) with fifteen (15) years or less of professional experience. The selection is based on the outstanding services to the parks and recreation field and to the MRPA. Parks and Recreation Director Jay Lotthammer will be on hand to present the award to Nicole. B. ART CENTER DONATION Synopsis: The Eden Prairie Lioness Club is donating $1,800 to assist with funding for equipment at the Art Center. MOTION: Move to accept the donation from the Eden Prairie Lioness Club in the amount of $1,800 to assist with funding for equipment at the Art Center. ANNOTATED AGENDA February 16,2010 Page 2 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 19, 2010 B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 19, 2010 C. SPECIAL COUNCIL MEETING HELD TUESDAY,FEBRUARY 3, 2010 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. FLYING CLOUD AIRPORT ADVISORY COMMISSION Commission Chair Rick King will present the report and workplan. Synopsis: The Annual Report addresses activities of the Commission in 2009 which focused on education and information about Flying Cloud Airport to various constituent groups, to increase visibility of and communications from the Commission, and to continue to monitor the Final Agreement. The Commission proposes similar goals for 2010, in addition to the biannual security review, working to reduce nighttime noise and work with the City and MAC to improve the appearance of the airport. MOTION: Move to receive the Flying Cloud Airport Advisory Commission 2009 Report and Approve its 2010 Goals and Work Plan. VIII. CONSENT CALENDAR MOTION: Move approval of items A-H on the Consent Calendar. A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING FINAL PLAT OF MENARD'S 8TH ADDITION C. APPROVE SETTLEMENT AGREEMANT WITH CINCINNATI INSURANCE COMPANY RELATING TO MANLEY DEVELOPMENT, INC DEFAULT ON COMPLETING LANDSCAPING AGREEMENT WORK ON THE HERITAGE DEVELOPMENT PROJECT ANNOTATED AGENDA February 16,2010 Page 3 D. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS E. DECLARE VEHICLES AS SURPLUS F. APPROVE 2010 VEHICLE REPLACEMENT FUND SCHEDULE G. APPROVE AMENDED CONTRACT FOR REPAIR OF STILLING BASIN 36-42-C H. APPROVE AMENDED CONTRACT FOR NEILL LAKE BERM ANALYSIS IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF EASEMENTS—MENARDS 7TH ADDITION, LOT 1, BLOCK 1 (Resolution) Official notice of this public hearing was published in the January 28, 2010,Eden Prairie News and sent to six property owners. Synopsis: The Property Owners have requested the vacation of all the Drainage and Utility easements to facilitate the plat of Menards 8th Addition for the Menard's building reconstruction. The Drainage and Utility Easements were originally dedicated with the plat of Menard 7th Addition. New Drainage and Utility easements will be dedicated with the plat of Menards 8th Addition. The release of the resolution vacating the drainage and utility easements shall be conditioned on the recording of the plat of Menards 8th Addition. MOTION: Move to: • Close the public hearing; and • Adopt the resolution vacating all of the Drainage and Utility Easements lying over, under and across Lot 1, Block 1, Menard 7th Addition, according to the recorded plat thereof, Hennepin County, Minnesota. B. ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR ACQUISITION OF A FACILITY BY THE PROP SHOP Official notice of this public hearing was published in the January 14, 2010,Eden Prairie News. Synopsis: The Prop Shop is a social entrepreneurship based organization whose mission is to provide basic support for families in need through volunteers, community and other organizations. The Prop Shop's programs assist low income families in Eden Prairie and Chanhassen. In 2006, a Board of Directors, including a volunteer Executive Director, formed the Prop Shop (a separate organization from PROP). ANNOTATED AGENDA February 16,2010 Page 4 The Prop Shop's priority is helping families meet basic household needs. They provide free clothing, household goods and furniture to families referred by local social service organizations, schools and churches. They maintain a client room, filled through community donations, which families can use once a month to receive needed items from dishes and towels to clothing, books and blankets. Since opening in April of 2007, they have provided over 7,000 bags of clothing and household goods to more than 650 families. Donations to the Prop Shop also stock the resale store which raises funds for its operations and serves as a fundraising mechanism for local social services organizations. The Prop Shop has given $25,000 to PROP and Meals on Wheels. The success of the retail store surpassed expectations, whereas the initial budget projected making a profit in three years, the store actually met its expenses within the first month. Annual profits have continued to increase each year and the Prop Shop maintains a cash reserve for six months of operating expenses. The building which the Prop Shop has been renting since 2007 became available for purchase in late 2009. This site has been a perfect fit for the Prop Shop as it is centrally located in Eden Prairie, with easy access to Highway 212 and in the same neighborhood as PROP. The sale price is $550,000 (also appraised at$550,000). The Prop Shop has been approved for a$350,000 mortgage through Flagship Bank. The Prop Shop will make a $200,000 down payment, with $100,000 coming from their cash reserves and $100,000 from the CDBG grant. The CDBG funds to be used are generated from 2009 program income, and the expenditure will not take funds from any other program and will assist in the city's obligation to expend program income in a timely manner. MOTION: Move to: • Close the public hearing; and • Approve the allocation of $100,000 in Community Development Block Grant funds for acquisition of a facility, to the Prop Shop, to be used as their base of operations. C. SMITH DOUGLAS MORE HOUSE CONDITIONAL USE PERMIT AMENDMENT Official notice of this public hearing was published in the February 4, 2010,Eden Prairie News and sent to 81 property owners. Synopsis: In June, 2002, the City Council approved a conditional use permit for the Smith Douglas More House. The current permit only permits the sale of coffee and office use. Ann Schuster currently leases the building and would like to have additional uses permitted by Conditional Use Permit. The uses have been reviewed by the Heritage Preservation Commission and are listed in the attached January 22, 2010 ANNOTATED AGENDA February 16,2010 Page 5 Planning Commission Staff Report. The Conditional Use Permit will expire February 16, 2015. A Heritage Preservation Site Alteration Permit is not required. The Planning Commission voted 5-0 to recommend approval at its January 25, 2010 meeting. MOTION: Move to: • Close the Public Hearing; and • Approve the Conditional Use Permit Amendment for the Smith Douglas More House D. ISSUANCE OF UP TO A $6,000,000 MULTIFAMILY HOUSING REVENUE NOTE, SERIES 2010 TO REFINANCE PREVIOUS BONDS ISSUED BY COMMUNITY HOUSING DEVELOPMENT CORPORATION AND FINANCE APPROXIMATELY $2,000,000 IN IMPROVEMENTS (PRAIRIE MEADOWS) (Resolution) Official notice of this public hearing was published in the January 21, 2010,Eden Prairie News. Synopsis: The City is authorized(particularly under Minnesota Statutes, Chapter 462C, as amended(the "Act")to carry out the public purposes by issuing revenue notes and bonds to defray, in whole or in part, the development costs of a low and moderate income rental housing. Community Housing Development Corporation plans to use the note proceeds to refinance certain taxable bonds previously issued to finance the cost of acquisition and rehabilitation of a 168-unit multifamily residential rental housing development for occupancy by persons and families of low and moderate income (the "Project"), located at 11345 Westwind Drive in the City, and generally known as Prairie Meadows Apartments, and financing additional improvements to the Project This public hearing is to provide an opportunity for the public to comment on the project and the issuance of the debt. MOTION: Move to: • Close the public hearing; and • Adopt resolution granting preliminary approval to the issuance of multifamily housing revenue note (Prairie Meadows Project), Series 2010. X. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS ANNOTATED AGENDA February 16,2010 Page 6 XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORTS OF CITY MANAGER 1. Cummins Grill House Lease Synopsis: At the July 21, 2009, Council Workshop, the Council gave direction to City staff to enter into a dialogue with the Eden Prairie Historical Society(EPHS) regarding the future of the Cummins-Grill Homestead (CGH). That dialogue evolved into a discussion about the prospect of the City leasing the CGH property to the EPHS. That discussion evolved into a lease negotiation process that produced the lease agreement that you will consider approving at your February 16, 2010, Council meeting. The proposed lease agreement seeks to change the relationship between the City and the EPHS regarding the maintenance and programming of the CGH. Currently, the City is responsible for capital improvements and normal maintenance of the CGH building and property. The City is also responsible for programming the building. The EPHS uses the CGH facility for occasional meetings and assists the City with programming. The City's priority for making capital improvements to the building and creating programming for the property is clearly lower than what the EPHS would like it to be. This can put us into conflict with the EPHS over the care and use of the property. The lease agreement addresses this issue by changing the roles and responsibilities of the City and the EPHS at the CGH. For example, the EPHS will assume the responsibility for programming, including promotion and marketing, for the CGH. The City will continue to coordinate with the EPHS about programming the site, but the lease provides final authority on programming to the EPHS. The agreement also changes the responsibility for normal maintenance of the CGH. The CGH will remain public property under the proposed lease, but normal daily maintenance duties will be assumed by the EPHS. The City will provide maintenance tools and materials, but the EPHS will be responsible for implementation. The lease requires the City to maintain the foundation, slab, exterior walls and roof and to provide basic utilities to the property to insure that it does not degrade, which is a federal historic preservation requirement the City cannot transfer to a third party. Perhaps the most significant change in roles is in the area of capital improvements. The lease provides authority for the EPHS to seek and fund capital improvements to the CGH,provided the improvements meet the ANNOTATED AGENDA February 16,2010 Page 7 historic preservation guidelines for the CGH and they are approved by the City. This change of role is intended to empower the EPHS to seek grants and raise private funds for improvements they desire for the CGH. The proposed lease agreement requires the EPHS to provide reasonable public access to the CGH; to care for the property in a manner that is consistent with national, state and local historic preservation guidelines; to provide for their own property and casualty insurance for their own property inside the CGH; and to consult with the City before making physical changes to the property. The proposed lease allows the EPHS to rent the facility to private parties for meetings and events. The lease also allows the EPHS to sublease a portion of the CGH. Both of these provisions are designed as means for the EPHS to generate income that they will use to maintain the CGH. The lease does not include the out-buildings around the CGH or much of the landscape surrounding the building itself. MOTION: Move to approve a lease agreement with the Eden Prairie Historical Society for the Cummins-Grill Homestead property. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. First Amendment to the Lease Between the City of Eden Prairie and Puregrace LLC at the Smith-Douglas-More Property Synopsis: Puregrace LLC, the tenant of the Smith Douglas property and operator of Dunn Bros, is proposing to expand some of the retail activities at the property. Before this can happen, amendments to the existing Conditional Use Permit and lease need to be considered and approved by the City Council. The proposed expanded retail activities inside the building are as follows: Sale of coffee, sandwiches, and pastries Sale of packaged cookies, food, candy, tickets and similar items by non-profit youth organizations Birthday and anniversary parties Sale of wrist bands Sale of art Photographer Sale of photos Sale of antiques Sale of books Wedding receptions Sale of signs Sale of T-shirts Sale of wine and beer Live music Sale of CD's Sale of ice cream Sale of clothing Office space Proposed activities outside the building include: Farmer's Market—fruits, vegetables, flowers, bakery items, and Christmas trees Wedding receptions Antique Fair Treasure Hunt ANNOTATED AGENDA February 16,2010 Page 8 MOTION: Move to approve the first amendment to the lease between the City of Eden Prairie and Puregrace LLC at the Smith- Douglas-More Property located at 8107 Eden Prairie Road. 2. Heritage Preservation Ordinance Report Synopsis: During a Council workshop regarding Camp Edenwood, the Council expressed some interest in allowing certain minor changes to Heritage Preservation sites to be approved administratively. Part of the 2009 approved Work Plan for the Heritage Preservation Commission was to review the code on Heritage Preservation Sites (adopted 1990) and determine if amendments should be made. On December 21, 2009 the Heritage Preservation Commission completed its review of a draft ordinance and forwarded its recommendation to the Planning Commission. On January 25, 2010 the Planning Commission held a public hearing and recommended approval of the amendments as proposed by the Heritage Preservation Commission. Before scheduling a public hearing with the City Council, staff wanted to present a summary of the proposed changes. Summary of Changes 1. Definitions—The current code has 2 definitions. The proposed code has 25 definitions. The current code lacks the basic definitions that are commonly used in the area of heritage preservation. The definitions also need to be consistent with federal definitions. 2. Permit Process—The current process requires Heritage Preservation, Planning Commission, and City Council approval before any changes can be made to the exterior of a building. The proposed change would allow minor amendments to be reviewed by staff. 3. Removal of a Heritage Preservation Site—The code does not have a process for this. This is needed in case a building is destroyed or damaged by peril. 4. Heritage Preservation Site Alteration Permit—The term has been changed to Certificate of Appropriateness. The process for getting one is unchanged. ANNOTATED AGENDA February 16,2010 Page 9 D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Three Rivers Park District Hyland-Bush-Anderson Lakes Regional Park Reserve Master Plan (Resolution) Synopsis: Three Rivers Park District in conjunction with the City of Bloomington, has undertaken a master planning process to update the existing 1983 Hyland-Bush-Anderson Lakes Joint Master Plan. The master plan will provide guidance and direction for park improvements, natural resource management and future acquisition as well as park operations and management. In addition to staff and general public comments and feedback, Three Rivers Park District staff would like to receive feedback from the Parks, Recreation and Natural Resources Commission and the City Council. They are also requesting a resolution of support for the plan. The master plan is an update of the existing 1983 Hyland-Bush-Anderson Lakes Joint Master Plan. The master plan will provide guidance and direction for park improvements, natural resource management and future acquisition as well as park operations and management. Hyland-Bush-Anderson Lakes Regional Park Reserve provides a broad spectrum of natural resource-based recreational opportunities and facilities that have been developed jointly by Three Rivers Park District and the City of Bloomington. The new master plan will continue to balance the park's scenic and natural beauty with desires for recreation, nature study, trails and other park uses. As a Regional Park Reserve, at least 80 percent of the park must be maintained in a natural state allowing up to 20 percent to be developed for active recreation uses. A community open house was held on January 20, 2010 to provide comments on the draft Hyland-Bush-Anderson Lakes Regional Park Reserve Master Plan. The open house was held from 7:00 to 9:00 p.m. at the park reserve in Richardson Nature Center- 8737 East Bush Lake Road, Bloomington. In addition to staff and general public comments and feedback, Three Rivers Park District staff would like to receive feedback from the Parks, Recreation and Natural Resources Commission and the City Council. They are also requesting a resolution of support for the plan. The mission of Three Rivers Park District is to promote environmental stewardship through recreation and education in a natural resources-based park system. The District manages almost 27,000 acres of park reserves, regional parks,regional trails, and special-use facilities. The name "Three Rivers" comes from the parks' geography, situated within the watersheds that flow into three significant rivers to this region: the Mississippi, the Minnesota and the Crow. ANNOTATED AGENDA February 16,2010 Page 10 With facilities for every season, including picnicking, swimming, play areas, boating, fishing, downhill skiing, snowboarding, golfing, camping, and sledding, Three Rivers Parks is the place for recreation,play and relaxation. There is an extensive trail system for hiking,biking, in-line skating, horseback riding, cross-country skiing, and snowshoeing. They also offer program sites for nature, recreation, historic, and farm education. The Park District serves 7 million park guests per year. Minnesota State Legislature established Three Rivers Park District as an independent, special park district in 1957. With a charge to acquire, develop and maintain large park reserves and regional parks and trails for the citizens of suburban Hennepin County, Scott County, the metro area, and the State. Three Rivers works cooperatively with the Metropolitan Parks and Open Space Commission, Metropolitan Council and State Legislature as one of ten implementing agencies of the Metropolitan Regional Park System. This system of parks was established in 1974 by the Minnesota State Legislature to provide outdoor education, recreational facilities, services, and programs. Collectively, the system serves more than 38 million park guests per year in the seven-county metro. Three Rivers Park District is governed by an independent, seven-member Board of Commissioners. Five members of the board are elected from districts in suburban Hennepin County, and two members are appointed by the Hennepin County Board of Commissioners. Board meetings are generally held on the first and third Thursdays of each month at 5:00 p.m. Meetings take place in the Board Room of the Park District Administrative Center. This item was reviewed by the Parks, Recreation and Natural Resources Commission at their February 1 meeting. The commission was in support of the concept,but expressed their reservations for making specific comments about items occurring outside of Eden Prairie. Staff recommends adopting the resolution of support. MOTION: Move to adopt resolution supporting the draft concepts for the Three Rivers Park District Hyland-Bush-Anderson Lakes Regional Park Reserve Master Plan. 2. Riley Property Acquisition Synopsis: In 1971, 75, 76 and 83 the City of Eden Prairie entered into grant agreements to use $548,496 of State and Federal Land and Water Conservation Funds (LAWCON) for Staring Lake Park land acquisition and development. The agreements that were entered into require the City to maintain the land as parkland or enter into a mitigation process. During planning for the expansion of the Pioneer Trail road project, it was identified that parkland encumbered with Federal Land and Water ANNOTATED AGENDA February 16,2010 Page 11 Conservation Funds (LAWCON)would be impacted and needed for the project. To satisfy the land mitigation requirements resulting from the Pioneer Trail road project, staff has identified a property that has been previously identified in a Parkland Acquisition Report. This land is available for purchase, meets Federal guidelines for replacement and satisfies the required mitigation value. Funding for the project is addressed in the agreement with Hennepin County and calls for each agency to share equally in the cost of land mitigation. Hennepin County Land Acquisition staff would work to acquire the property at the best possible price. Later in the project, the County will transfer the property to the City of Eden Prairie for park purposes. This was reviewed with the Parks, Recreation and Natural Resources Commission and a motion to recommend acquisition was unanimously passed. MOTION: Move to authorize Hennepin County to acquire the private property which is contiguous to Riley Lake Park. 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. CITY COUNCIL AGENDA DATE: SECTION: Proclamations &Presentations February 16, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.A. Jay Lotthammer, Director, Recognition of Nicole Weedman being Parks and Recreation named the Dorthea Nelson Award Winner FYI Only. No Action Required. Synopsis Parks and Recreation Department employee Nicole Weedman was recently selected to receive the Dorothea Nelson Award. This prestigious award is given to a female who is a professional member of the Minnesota Recreation and Parks Association (MRPA) with fifteen(15) years or less of professional experience. The selection is based on the outstanding services to the parks and recreation field and to the MRPA. Background Nicole Weedman graduated from Minnesota State University-Mankato with a bachelor's degree in recreation,parks and leisure services and a minor in aquatics. Nicole joined the City of Eden Prairie as an intern in 1997. After completing the internship she was hired as the recreation coordinator of youth and family programs. Nicole works with many community agencies such as the School District and local business to offer programming to youth, co-coordinate the SoulFire teen group at Eden Prairie High School, organize Safety Camp with the Police and Fire Departments, and plan special events such as the Father and Daughter Sweetheart Dance, Family Pizza Bingo and Afternoon with the Bunny. If the program or event involves youth Nicole probably has a hand in the program! In a recent interview for the January issue of Life in the Prairie,Nicole answered the following questions: What would you like residents to know? I really enjoy working with youth and young adults. Offering programs that build skills, create friendship and memories and bring enjoyment to those who take part in the programs is a joy for me. I am always looking to bring new and fun programs to the community and youth and working to make the current programs better. I personally enjoy being outdoors, flower gardening and spending time with my husband and two boys. Why do you think Eden Prairie is a great place to live,work and dream? I enjoy working in Eden Prairie because of the relationships I have built over the past 12 years. The people in the community are very supportive of the Parks and Recreation Department. And in return, the quality recreation programs and parks system make Eden Prairie a great place to live. Attachment Awards Presentation Photo CITY COUNCIL AGENDA DATE: SECTION: Proclamations &Presentations February 16, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B. Jay Lotthammer, Eden Prairie Lioness Club Art Center Parks and Recreation Director Donation Motion Move to: Accept the donation from the Eden Prairie Lioness Club in the amount of$1,800 to assist with funding for equipment at the Art Center. Synopsis The Eden Prairie Lioness Club is donating $1,800 to assist with funding for equipment at the Art Center. Background In addition to supporting the fundraising efforts of the Friends of the Eden Prairie Art Center, city staff continues to seek donations through community groups and grant opportunities. To date, city staff has recruited and raised nearly$46,157. The Lioness Club has had a long history of supporting recreational opportunities within the community and is continuing to do so with their commitment towards the Art Center. Attachment Letter from Lioness Club Treasurer and Copy of Check EDIIN PRAIRIE LIONESS CLUB 13 � EDEN PRAIRIE, MN 55344 / rs 7aars.s F ' -� . i' ( :RAT c s t2E 0v 1 O` i /�aGa�'•. �' ERa t L • OL S FI � i w , Fr 4 YF . HIP ,*BANK -�6�use ` � FORa '�"09 i,�#0 '788 1: 2 Slr 1'4I1u 13 30 . _5- ,-- January 7, 2010 . Lindsay Scott Art Center Coordinator City of Eden Prairie 7650 Equitable Drive Eden Prairie,MN 55344 Dear Lindsay: On behalf of the Eden Prairie Lioness,I am pleased to enclose a check for$1800.00 of which is the second payment to purchase the items listed in your proposal of 2009. We are grateful to be of financial support to your organization, Sincerely, . - --,, ,.,,___)_., ,,,,,,,.. - Ruth Gustafson Treasurer Eden Prarieie Lioness 1 ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JANUARY 19, 2010 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, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. MAJOR CENTER AREA: SPECIAL SERVICE DISTRICTS City Manager Scott Neal said the MCA Special Service Districts workshop was scheduled in response to concerns raised by Walmart during their redevelopment process as well as questions raised by the Eden Prairie Chamber of Commerce. Mark Ruff and Bruce Kimmel of Ehlers &Associates gave an overview of the special service district statute. Ruff said the purpose of a special service district is for commercial properties to pay for services and improvements that are mutually beneficial. The services are those typically not provided to the rest of the city. Ruff explained that a special service district is established by petition of property owners subject to the service charge. The petition must represent a minimum of 25% of the district's land area. A special service district veto can be triggered by property owners representing 35% of the land area or charge. Community Development Director Janet Jeremiah provided an overview of the Major Center Area task force, public process and recommendations, including streetscaping in the Town Center. Jeremiah said the Streetscape Master Plan was approved by the City Council in April 2009. Jeremiah read excerpts from the MCA Streetscape plan that discuss roadway streetscape improvements and the expectation that redeveloping parcels will help pay a portion of those costs through special assessments and/or special service districts. Economic Development Manager David Lindahl reviewed the economic development benefits of the Major Center Area plans including maintenance of high property values and desirability of Eden Prairie as a location for business and commerce. Lindahl reviewed concerns the Eden Prairie Chamber of Commerce has raised in relation to special service districts. The Chamber is opposed to the City requiring businesses to City Council Workshop Minutes January, 19, 2010 Page 2 participate in special service districts and to waive their rights to appeal. The Chamber believes participation in special service districts should be voluntary. Jeremiah provided details of MCA development agreements the City has negotiated with Windsor Plaza, Presbyterian Homes, CVS and Walgreens. All have agreed to pay their fair share of the roadway/streetscape improvement costs and all have agreed to petition for a special service district. Windsor Plaza and Walgreens have agreed to waive the right to appeal. Presbyterian Homes and CVS have agreed to a maximum annual charge. Jeremiah reviewed a map showing potential roadway/streetscape projects and potential future special service districts for maintenance. She said the only project under current consideration is Singletree Lane east of Eden Road, which will be paid for almost entirely by Windsor Plaza. The other potential projects are illustrative only for discussion. They show a scaled-down Prairie Center Drive project, which would likely not happen until at least 2014. City Assessor Steve Sinell reviewed the parcels in relation to percent of area and value needed to consider creation of a special service district. He noted it may be possible with a scaled down Prairie Center Drive scenario. Jeremiah said in light of concerns raised by the Chamber and Walmart, and that staff has not intended to force special service districts on property owners, staff recommends the City: 1. Not require developers to waive the right to appeal special service district creation and/or charges 2. Consider retaining special service district language regarding petitioning for discussion of the district only, with the right to appeal 3. Retain requirements for developments to pay a fair share of roadway/streetscape costs Mayor Young asked when the council last discussed the proposed changes to Singletree Lane. Public Works Director Gene Dietz said the Council discussion took place in 2008. Young said he does not like the idea that the City would require a developer to initiate a petition. He said he believes the Council would benefit from further discussion of streetscaping plans. He said he recalls the Council expressing a desire to pull back on some of these types of improvements. He said concept documents need to be tied back to specific projects and costs. Council Member Nelson said the original MCA Task Force concept was to put together something unique for Eden Prairie. She said at the time the business community was very interested in developing a business center. Nelson said she believes many businesses support the long term vision. She does not want to abandon the concept, and she does not think the direction should be driven by a single property when others have bought into the plan. Nelson would like to see a level playing field for all property owners and is not willing to back away from that concept. Young said he wants to have a new discussion of streetscaping that involves more detail than the concept plans that were approved. Neal said the streetscape master plan includes fairly good cost estimates, and now would be a good time to discuss how a special service City Council Workshop Minutes January, 19, 2010 Page 3 district might function. He said one advantage of a special service district is that it protects taxpayers from paying for amenities that benefit just a couple of major properties. Aho said he would prefer to have developments drive the request for a special service district rather than forcing them to buy into it. Nelson said she is concerned that the basics, such as straightening of roadways, get done as redevelopment occurs. She is comfortable leaving the rest for businesses to request. Duckstad said he does not understand how the City can discuss waiving the right to appeal a special service district that does not yet exist. Rosow said staff needs Council direction on how to proceed with Walmart based on their objections to agreeing to petition for a special service district and to agreeing to waive the right to appeal charges. Jeremiah said staff has been continuing negotiations with Walmart on the requirements to pay a fair share of the streetscape costs for Singletree and Prairie Center Drive and are willing to allow them to save costs by not replacing the lattice tower with a monopole and bricking the back of the building, but she does not know exactly where they currently stand on all of the issues. There was general consensus that the Council agrees with the first and third staff recommendations, and does not want to require petitioning of the district. There should be more discussion of the Singletree Lane project east of Eden Prairie Road and how that will be funded. Council Chamber II. OPEN PODIUM A. Barbara Kaerwer—Public Infrastructure Ordinance Kaerwer asked the Council to work with her and her attorney to find a win-win solution for her 5-acre property. B. Thomas Casey—Public Infrastructure Ordinance Casey said he represents Barbara Kaerwer. He asked the Council to table the second reading of the Public Infrastructure Ordinance for six months to give Kaerwer and the Nine Mile Creek Watershed District time to submit their proposal for Kaerwer's property to be donated to the watershed district. C. Kevin Bigalke,Nine Mile Creek Watershed—Public Infrastructure Ordinance Bigalke said he is the director of the Nine Mile Creek Watershed District. He said the district, neighbors, Kaerwer and City staff have had two productive meetings in January regarding Kaerwer's property. He asked the Council to delay the second reading of the Public Infrastructure Ordinanace to give them time to work through the application process for Kaerwer's property. City Council Workshop Minutes January, 19, 2010 Page 4 D. Rick Barberi Barberi said he is a neighbor of Kaerwer. He respects what she wants to do with her property but has several concerns with the proposal. He asked the Council to consider: • The safety issues surrounding the proposed use • The implications of changing a residential to non-residential use • The implications of a non-locally governed agency controlling the land • The precedent that may be set if the zoning of the property is changed E. Ted Pegram Pegram said he is concerned that government agencies cannot balance their budgets. He is concerned and that the proposal to donate the Kaerwer property will end up costing the City and its taxpayers. III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 19, 2010 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 Gene 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 7:03 PM. All Council Members were present. II. COLOR GUARD /PLEDGE OF ALLEGIANCE Cub Scout Pack 342, sponsored by Immanuel Lutheran Church, presented the colors. III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. DR. MARTIN LUTHER KING,JR., PROCLAMATION Mayor Young read a proclamation proclaiming 2010 as a year to celebrate human rights and diversity. Marcy Harris, Vice Chair of the Human Rights & Diversity Commission, announced the start of the 2010 Human Rights Award application process. She noted awards may be given in four categories: individual, nonprofit,business and youth. The awards will be presented at the City Council meeting in April. B. AWARDS OF VALOR Police Chief Reynolds and Fire Chief Esbensen announced the presentation of the Police Department's Award of Valor in recognition of the heroic efforts of a few Eden Prairie citizens after two plane crashes, one on August 12, 2009, and another on October 5, 2009. Mayor Young presented the awards to Jacob Appel, Christophe Cooper, Kelly DeBerg and William Halpin for their heroic efforts after the August 12 crash in the yard of the Cummins-Grill House. He then presented awards to Paul Ansolabehere, Robert Schmidt, and Christina Seifferman for their efforts after the October 5 crash in a nature preserve. He also presented Letters of Commendation to Allen O'Day and Robert Meyers for their efforts after the October 5 crash. CITY COUNCIL MINUTES January 19,2010 Page 2 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Duckstad added Item XIV.A.1. Neal noted there is an addition to Item VIII.A. MOTION: Aho moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 5, 2010 MOTION: Duckstad moved, seconded by Case, to approve the minutes of the City Council Meeting held Tuesday, January 5, 2010 as published. Motion carried 4-0- 1,with Nelson abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HUMAN RIGHTS & DIVERSITY COMMISSION UPDATE Marcy Harris, Vice Chair of the Human Rights & Diversity Commission,presented an update on the activities for the past two years. She said from August to December 2009 the commission worked on reviewing and developing a Religious Holiday and Diversity Policy which will be discussed by the Council later this evening. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. OLYMPIC HILLS CHRIS ADDITION by Stuart Investment Ltd. Second Reading of Ordinance 1-2010 for Zoning District Change from Rural to R1-13.5 on 1.24 acres and Zoning District Amendment within the R1-13.5 zoning district on 0.05 acres. Location: Franlo Road and Niblick Lane. (Ordinance No. 1- 2010 for Zoning District Change and Zoning District Amendment) C. ADOPT RESOLUTION NO. 2010-14 APPROVING FINAL PLAT OF OLYMPIC HILLS CHRIS ADDITION D. ADOPT RESOLUTION NO. 2010-15 OF SUPPORT FOR LOWER MINNESOTA WATERSHED DISTRICT REQUEST FOR BONDING TO REPAIR AND STABILIZE THE MINNESOTA RIVER BANK IN EDEN PRAIRIE E. APPROVE SCHEDULE OF COMPLIANCE AGREEMENT WITH MPCA F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR THE RICE MARSH LAKE TRAIL CONNECTION CITY COUNCIL MINUTES January 19,2010 Page 3 G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR THE STARING LAKE TRAIL CONNECTION H. APPROVE CONTRACT WITH ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, INC., FOR A RATE ANALYSIS FOR WATER, SANITARY SEWER AND STORM DRAINAGE I. ADOPT RESOLUTION NO. 2010-16 AMENDING FEE RESOLUTION NO. 2009-77 J. APPROVE PURCHASE OF COMMUNITY CENTER FITNESS EQUIPMENT FROM PUSH, PEDAL, PULL MOTION: Duckstad moved, seconded by Aho, to approve Items A-J on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS ON LOT 1 AND 2, BLOCK 2, THE RIDGE AT RILEY CREEK 2ND ADDITION (Resolution No. 2010-17) Neal said official notice of this public hearing was published in the December 31, 2009,Eden Prairie News and sent to three property owners. The property owners have requested the vacation of a portion of the underlying drainage and utility easements dedicated with the plat of The Ridge at Riley Creek 2nd Addition. The lot line between this lot and the adjacent lot were administratively moved and new easements dedicated. The intent is to vacate the underlying easements as they are no longer necessary. He noted this is in the housekeeping category. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing, and to adopt Resolution No. 2010-17 vacating that part of the drainage and utility easement as dedicated over, under and across Lots 1 and 2, Block 2, The Ridge at Riley Creek 2nd Addition according to the recorded plat thereof, Hennepin County, Minnesota. Being a 10 foot wide strip of land which lies 5.00 feet on each side of and adjacent to the south line of said Lot 2, except the easterly 10 feet and the westerly 5 feet of said Lots 1 and 2. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Duckstad moved, seconded by Case, to approve the Payment of Claims as submitted. Motion was approved on a roll call vote,with Aho, Case,Duckstad,Nelson and Young voting "aye." CITY COUNCIL MINUTES January 19,2010 Page 4 XI. ORDINANCES AND RESOLUTIONS A. SECOND READING OF ORDINANCE NO. 2-2010 AMENDING CITY CODE CHAPTER 2.86, SUBD. 3,RELATING TO DISPOSAL OF EXCESS PROPERTY Neal said the ordinance change will allow the City to sell supplies, materials, and equipment which is surplus, obsolete, or unused using an electronic selling process in which purchasers compete to purchase the surplus supplies, materials, or equipment at the highest purchase price in an open and interactive environment. This change is in accordance with Minnesota State Statute 471.345, Subd. 17. MOTION: Nelson moved, seconded by Aho, to approve the second reading of Ordinance No. 2-2010 amending City Code Section 2.26, Subd. 3, relating to the disposal of excess property. Motion carried 5-0. B. SECOND READING OF ORDINANCE NO. 3-2010 AMENDING CITY CODE CHAPTER 11 RELATING TO DEFINITION OF PUBLIC FACILITIES AND SERVICES AND ADOPT RESOLUTION NO. 2010-18 APPROVING SUMMARY ORDINANCE Neal said this is final approval of the ordinance relating to a definition of public infrastructure. The City Council approved 1st reading of the ordinance on October 6, 2009. Rosow said the ordinance change clarifies by amendment the definition of what was in the ordinance of public facilities to clearly identify and substitute the term "public infrastructure" so that it was clear that the word"structure" in the existing ordinances did not refer to buildings rather than infrastructure. The purpose of the amendment is a global change to the ordinance to clarify the definition as it applies to all districts within the community. He said there were some questions about the manner in which it was put on the agenda for second reading. It was put on the agenda because when the City Council directed it to be continued, it is brought back in the same manner it was when it was continued. Nelson said in our initial passing of this we didn't discuss why it had come up, and she would like to hear why it came up now and what precipitated this particular ordinance. We had a request during the Open Podium session tonight that this be postponed, and she would like to know how this would affect the Barbara Kaerwar property. Rosow said staff approached him some months ago to say there was a request relating to the Kaerwar property for a use the applicant thought fit within the definition of public facility structures. At that time staff expressed to him, and he concurred, that was not the way that provision was interpreted, and an amendment to the ordinance would be in order. Mike Franzen took the lead on drafting the proposal to amend the ordinance to protect all districts, and Mr. Rosow reviewed that. It was brought before the City Council in that context. CITY COUNCIL MINUTES January 19,2010 Page 5 Jeremiah said during the meetings that staff and the City Attorney have had with residents and the Watershed District we learned the perception of the neighborhood is that the ordinance amendment before the Council tonight, which is meant to be a clarification, is actually a vote "no" on the proposal and that shows we are closed minded to the idea of the proposal. She said she was comfortable deferring action on the ordinance clarification assuming the Watershed District continues to work with the application for Comprehensive Plan amendment and rezoning. She thought that would be a show of faith on the part of staff that this amendment wasn't meant to close the door on the proposal. Nelson said she understood the property is under a non-revocable conservation easement currently. Rosow said it is a conservation easement under the Minnesota statute that specifically provides for conservation easements. The statute provides that a conservation easement is effective and binds the grantor when it is accepted by the entity that is being granted the conservation easement and it is filed. This particular conservation easement has an acceptance by the Minnesota Land Trust to whom it was granted. The conservation easement was filed against the property, so it is his opinion this is a binding conservation easement that could only be changed by the party that benefitted, the Minnesota Land Trust. Nelson said it is wonderful to keep land open to the community and asked how the new wording of the ordinance would affect how the Kaerwar property is used. Rosow said the current use of the property as a residential home is not affected. The proposal to use it as Watershed District offices would not be an allowed use under the amended version and, in his opinion, is not an allowed use under the current version, although that is disputed by the Watershed District. If there is a party that has an interpretation that is different, it is good to clarify the ordinance so there is no misunderstanding. Neal said there are times staff members don't reach the same conclusion, and he was not sure that a six-month waiting period would enable the City Council to reach a better conclusion. Neal said in his opinion, and as the City Attorney just said was his opinion, this is not an allowable use under our current ordinance nor would it be an allowable use under the proposed ordinance. A six-month waiting period might provide the Council with additional ways to try to accommodate the proposal in some way; however, our zoning code doesn't accommodate special situations and we shouldn't encourage "spot zoning."He encouraged Council Members to have some additional discussion about this tonight and, if so inclined, go through with this change because it wouldn't change the way the proposal is received. Case said he supported the ordinance as it does not apply to the Kaerwar property. Since there isn't an urgency to clarify the ordinance, he would prefer to continue it until a date certain as a good faith gesture. Aho said it was extremely important for a city to have clear, concise ordinances that everyone can understand and that apply equally to all. We are making the ordinance clearer so that everyone in the community understands what is meant to CITY COUNCIL MINUTES January 19,2010 Page 6 be conveyed by that ordinance. If we waffle on an ordinance, it sends a message that we are not clearly convinced the ordinance is right. Clearly the opinion has been that a proposed use that has not been put forth formally to the City was already determined to not work within the current ordinance. Voting to have the second reading tonight finalizes the process. He didn't think it makes a change to any future potential use of the Kaerwar property, and he was in favor of moving forward tonight. Duckstad asked if Mr. Rosow believed that we would legally interfere with any rights of the present property owner if we go ahead and vote on second reading tonight. Rosow said he did not believe so because under the current ordinance the Watershed District's proposal is not an allowable use. With respect to Ms Kaerwar's right in particular, she has already generously restricted the uses of her property in a conservation easement, so he did not believe the action tonight affects the intent to preserve this property under the conservation easement. Duckstad noted he believed Ms Kaerwar's property rights are very important, as are those of any property owner. Young said he understood why the Watershed District and Ms Kaerwar are interested in this ordinance, but he thought it is important to understand there has been a lot of discussion on a matter that isn't procedurally before the City Council this evening. We don't have a request for variance before us under either the current or the proposed ordinance. If we did, we would be making a specific decision about a specific parcel knowing precisely what is intended for the parcel. All we have before us is a proposed clarification by staff to an ordinance that has City-wide application. He said he was left not fully understanding what waiting six or nine months would do for us. If there is a specific proposal that the Watershed District has, they can seek a variance under the amended ordinance just as they could under the ordinance as it exists. Case said he didn't know it does anything for the City to wait, but he also didn't know it does anything for the City to pass it tonight. He thought the advantage in waiting is what it does perceptually for the neighbors. He suggested we put this off until July or August and allow them to bring a proposal into an environment that is not perceived as adversarial. Young thought we have been responsive to them because it was considered for second reading last November. He hoped two months has answered any questions people had about the impact. Nelson didn't think this ordinance changes anything that has to do with the property. She said the problem is the impression, and at some point we will need to go further and see how we accomplish this if it is possible. There are a large number of people who are not sure this clarifies things, but it is a legally good change. She was not sure if it needs to go out as far as six months. She hoped the discussion will change to what can be done and what is appropriate to allow for some very generous considerations on the part of Ms Kaerwar. She would like the neighborhood to feel comfortable their concerns are being considered. CITY COUNCIL MINUTES January 19,2010 Page 7 Aho thought postponing it just sends a false message that things might change if we wait. He thought our current ordinance is clear that it does not allow this use. Changing the language just clarifies it even more. He thought getting input from others and having proponents tell us how to write our zoning ordinances is dangerous territory. Young said we shouldn't have discussion about what really is a variance unless we have a request before us. Duckstad asked if the purpose for this ordinance tonight was to simply make the existing ordinance clearer and if it was drawn in good faith for the sake of clarity and not to change anything that is already in the ordinance. Rosow said that was correct. MOTION: Aho moved, seconded by Duckstad, to approve second reading of Ordinance No. 3-2010 relating to the definition of public infrastructure and to adopt Resolution no. 2010-18 approving Summary Ordinance. Motion carried 3-2-0, with Case and Nelson opposed. C. WAL-MART by The Benham Company. Second reading of the ordinance for zoning district amendment in the Commercial Regional Service District on 16.86 acres, Resolution for site plan review on 16.86 acres. Location: 12195 Singletree Lane. (Ordinance for Zoning District Amendment; Resolution for Site Plan Review) Neal said we were to have the final approval of plans and the development agreement for the project tonight, but there was late-breaking news on this item. Rosow said Wal-Mart, through its attorney, delivered tonight the long-awaited request for a continuance and extension of the matter to February 16 so the City Council does not need to take action tonight. We had told Wal-Mart the Council was going to have a policy discussion tonight, and we needed to hear that discussion to get clearer direction. Between now and February 16 we need to act on the direction the Council provided at the meeting to work out the remaining issues with Wal-Mart and bring back to the Council a signed development agreement that the Council can approve. Young asked what action would be needed for the item. Rosow said the motion should be to continue the item to February 16. MOTION: Case moved, seconded by Duckstad, to continue the item to the February 16 meeting of the City Council. Nelson asked that we go over all the details when it comes back for second reading. She would like to review what has gone on, what they want, and what we are getting. CITY COUNCIL MINUTES January 19,2010 Page 8 Neal noted Ms Steinwall, the Wal-Mart attorney, is in the audience. He thanked her for avoiding the necessity of negotiating a development agreement at the City Council meeting. He said staff will finish it up prior to the meeting next time and will present it in detail at that time. VOTE ON THE MOTION: Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. Budget Finalization —Council Member Duckstad Duckstad said he wanted to comment on the budget finalization report the City Manager will present regarding the completion of the $250,000 cuts that were needed to meet our 2010 budget. He wanted to thank the City Manager and staff for the hard work to put together the 2010 budget. With regard to the 2010 and 2011 capital improvement spending that may come up, he wanted to recommend to the other Council Members that we request a limited moratorium on some of our capital spending in light of the economy and the fact we may continue to have a shortfall of revenue. He thought we need to look carefully at our capital expenditures and consider holding back those that are really not needed to advance the needs of our City. He said he understood we use capital improvement funding for things that are necessary such as our road maintenance. We still have more difficult work because we have to complete a 2011 budget. He suggested we give staff some direction on how to proceed with that and he thought we should consider another flat budget like the one we adopted in 2010. B. REPORT OF CITY MANAGER 1. Religious Holiday Policy Neal said it was important to get some context on this item. Last year there was some conflict about a scheduling of a public event on one of the Jewish high holy days, and we decided we needed to take better care to recognize some of the high holy days and schedule community-wide special events or special meetings around them. The matter was sent to the Human Rights & Diversity Commission, and they began to look at what some of our nearby cities do. They came up with the idea that we adopt a policy that gave City staff direction on how to show respect for the high holy days of the major faiths. After completing their research the commission compiled a list that includes eleven holy days. CITY COUNCIL MINUTES January 19,2010 Page 9 Neal said the policy is directing that those 11 days be preserved and respected as days when we would not hold public meetings or schedule special event-type activities. For other kinds of activities we would look at doing our best when practicable to avoid scheduling activities on those days as well. The item from the Human Rights &Diversity Commission is directed to the City Council because it has an impact on how things are scheduled. If adopted, this particular calendar would change one meeting of the Flying Cloud Advisory Commission and one meeting of the Human Rights &Diversity Commission in 2010. Young said the policy is undoubtedly well intentioned, but he thought it would add confusion for a number of reasons. There is the question of what you define to be the major holy days. We also have an inconsistency with the days we are open for business. He said by and large we honor the holidays that are recognized by the state, and many of the holy days on the list are not recognized by the state. Duckstad said he believed this ordinance has come to us in good faith, and he respects and appreciates the work of the Human Rights &Diversity Commission on this. He was concerned that we might have omitted somebody from the list that we shouldn't have. It also creates a little bit of a slippery slope, and it may open up additional problems even though that wasn't the intent of the suggested change. Our position is that we support and respect all religions. With good intention we might just create a situation that doesn't accomplish what we want. Nelson said she was not sure this is something that should be done at a policy level. She would like to see the commission do a yearly calendar of these events for staff to take into consideration when they plan things. Case agreed with Council Member Nelson and supported the idea of recognizing there can be a concern and a way to show sensitivity to other religions. He agreed it is great that we are having this discussion, and staff probably now know they are to be sensitive to not scheduling public meetings on religious holidays. Aho said it was prudent to respect all religions and honor them. He thought setting policy is the wrong move because there may be unintended consequences when we pass policies like this. He suggested we direct staff to continue to schedule things according to our state calendar and do the best job we can at avoiding days that might be sensitive to other people. Neal said he understood this would present some difficult questions for Council Members as policymakers to answer as to what made the list and what didn't. He said he understood the Council wants staff to consult the calendar at the beginning of the year and advise the Council of when those holidays occur when we schedule major public events. Staff could advise the Council of when those days are and the Council could decide if it is CITY COUNCIL MINUTES January 19,2010 Page 10 significant enough to vary from a standard schedule. The de facto policy we have now is to avoid the major Christian holidays because that corresponds to the state calendar. He cautioned that this might come back to the Council at some point. 2. 2010 Budget Reduction Plan: Review and Approval Neal said the Council's final approval of the 2010 budget in 2009 included a direction to further reduce 2010 General Fund spending by$250,000. The Council directed staff to prepare a plan for making that reduction and to present that plan to the Council for approval at the January 19 Council meeting. The budget reduction plan reduces Facilities Internal Service Fund and the Information Technology Internal Service Fund by$50,000 each. He said the plan also implements an across-the-board reduction to General Fund departmental budgets of 0.4%. The cumulative impact of a 0.4% across-the-board reduction in our General Fund is $150,000. There is a long list of items with many small and minor reductions in General Fund spending. He said this does not make a material change in our service levels for the 2010 budget. MOTION: Aho moved, seconded by Duckstad, to approve City Manager's proposal to reduce the approved 2010 General Fund spending by$250,000. Motion carried 5-0. 3. Fire Relief Association Update Neal said at the November 17 joint meeting of the City Council and Budget Advisory Commission(BAC), the Council expressed its support of the following BAC recommendation concerning the Eden Prairie Fire Relief Pension Association: "The BAC recommends that the City Council, staff, and the Firefighter Relief Association review the various pension plans available for the volunteer fire service. Determine which plan(s)provide stability and consistency for the required City contributions and a fair benefit to volunteer firefighters. The BAC also recommends that the City and the Firefighter Relief association review the objectives, time horizon, and risk tolerance of the Fire Relief Investments to determine that Fire Relief Association and City objectives are met." Neal said there is no action requested of the City Council, but he wanted to make sure there was some follow-up given to the item. He said there are lots of different ways to go about this but he would recommend that the two members of the City Council who are on the Fire Relief Association Board initiate discussion there to see if there is some willingness to include that discussion at the meetings there. He noted the City Council would need the support of the Board in order to make changes. CITY COUNCIL MINUTES January 19,2010 Page 11 Nelson asked who the Council Members are that will serve. Young replied Council Member Case and he were appointed. He thought it was a good proposal,but he thought there should be a broader base discussion by the Council to have a better understanding of our role in the Fire Relief Association. He thought we should also include the members of the BAC in the discussion. Case thought it should also go through the Fire Relief Association Board to respect the process and it should go there first. Neal said there is a meeting of the Fire Relief Association Board next Thursday. Duckstad thought we should have some further discussion on the manner in which the contribution is set up. He understood the City Council makes its own determination as to how much to fund the pension, but he was not clear as to whether the Council makes a definition as to the nature of the contribution. He thought there may be some different legal aspects we don't know about so he would like more information. Neal said we do need to work this through with the support of the Fire Relief Association. There are key elements that are outside the control of the City Council. It would not be constructive in making changes if it becomes a situation where folks are potentially at odds with one another. He asked how the Council saw proceeding at this point and if it should be raised at the Board meeting next week. Young said Council Member Case and he should initiate some form of discussion for purposes of education. He thought a workshop should be scheduled in the near future to educate the Council on how it works. Case asked if we would invite the Fire Relief Association. Young said we could invite them. 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 XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Duckstad moved, seconded by Case, to adjourn the meeting. Motion carried CITY COUNCIL MINUTES January 19,2010 Page 12 5-0. Mayor Young adjourned the meeting at 8:30 PM. ITEM NO.: VI.C. UNAPPROVED MINUTES SPECIAL EDEN PRAIRIE CITY COUNCIL MEETING WEDNESDAY, FEBRUARY 3, 2010 6:00 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, Community Development Director Janet Jeremiah, and Recorder Lorene McWaters I. ROLL CALL /CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 6:05 p.m. Council Member Duckstad was absent. II. ORDINANCES & RESOLUTIONS A. WAL-MART by the Benham Company. Second Reading of the Ordinance for Zoning District Amendment in the Commercial Regional Service District on 16.86 acres, Resolution for Site Plan Review on 16.86 acres. Location: 12195 Singletree Lane. (Ordinance for Zoning District Amendment; Resolution for Site Plan Review) City Manager Scott Neal said this is the final approval for the Walmart addition. Neal said the City has been working closely with Walmart to resolve streetscape and special service district issues. All references to a special service district have been removed from the agreement. A cash escrow is being used for Walmart's portion of Singletree Lane streetscape improvements. The development agreement includes a concession that Walmart does not have to add brick to the existing rear of the building, which is currently non-conforming. Neal said Walmart asked for this special meeting because they hope to complete work on the store before the 2010 holiday season and need to begin work as soon as possible. Nelson asked if the building design and landscaping are the same as what was presented to the Council at their last meeting. Jeremiah said everything is the same with the minor exception of the narrowing of the truck entrance. Case said he has concerns about setting a precedent by not requiring brick to be added to the back of the building. He asked about the rationale and if other developments will still be required to brick all four sides of buildings. Jeremiah said this is a concession the City made to assist in the affordability of the Singletree Lane improvements. She noted that there will be brick on the new additions to the rear of the building, just not on the existing non-conforming portions. She said the existing rear of the building is setback a fair distance from other properties and there are grade CITY COUNCIL AGENDA December 1, 2009 Page 2 differences and landscape screening. Aho asked if the escrow is for the Singletree Lane improvements only. Jeremiah said that is correct. Prairie Center Drive is no longer included and could be considered for future special assessments. Sue Steinwall thanked the Council and City staff on behalf of Walmart for their hard work on the agreement and for holding the special meeting. MOTION: Case moved, seconded by Aho, to approve the 2nd Reading of the Ordinance for Zoning District Amendment in the Commercial Regional Service Zoning District on 16.86 acres; and Site Plan Review on 16.86 acres; and Approve the Development Agreement for Wal-Mart. Motion carried 4-0. III. ADJOURNMENT MOTION: Nelson moved, seconded by Case, to adjourn the meeting. Motion carried 4-0. Mayor Young adjourned the meeting at 6:12 p.m. CITY COUNCIL AGENDA DATE: February 16, 2010 SECTION: Reports of Advisory Boards & Commissions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.A. Community Development/Planning Flying Cloud Airport Advisory Janet Jeremiah Commission 2009 Report and 2010 Scott Kipp Goals and Work Plan Requested Action Move to: Receive the Flying Cloud Airport Advisory Commission 2009 Report and Approve its 2010 Goals and Work Plan. Synopsis The Annual Report addresses activities of the Commission in 2009 which focused on education and information about Flying Cloud Airport to various constituent groups, to increase visibility of and communications from the Commission, and to continue to monitor the Final Agreement. The Commission proposes similar goals for 2010, in addition to the biannual security review, working to reduce nighttime noise and work with the City and MAC to improve the appearance of the airport. Background Information The Flying Cloud Airport Advisory Commission will be meeting with the City Council at the February 16, 2010 City Council Workshop to present its 2009 Report and 2010 Goals and Work Plan. Some of the Commission's 2009 activities and areas of review included the following: • Public Meeting at the Hennepin Technical College to present the plans for expansion of the airport. Over 150 residents attend. • Public Meeting with MAC and the Hennepin Village Homeowner's Associations boards. • Phase 2 of the airport expansion extending runway 10R/28L from 3,900' to 5,000', relocating the VOR, and south side building area development. • Focus on reducing nighttime noise, including meetings with FAA and MAC officials. • Development of an FCM Pilot Guide which highlights a number of significant noise abatement procedures to help minimize noise, together with other pilot information. • Meetings with all airport businesses to gather noise abatement ideas and suggestions. City Council Meeting—Reports of Advisory Boards & Commissions Flying Cloud Airport Advisory Commission February 16, 2010 Page 2 • Implementation phase of MAC's Multilateration Project to improve the quality of flight track data, ensure better data integrity, availability, and reliability and to ensure more timely and accurate reporting. • Review of MAC's 2009 Long Term Comprehensive Plan. • MAC's installation of locked security gates at all entrances, new airfield lighting at all runway intersections, and additional signage and markings. • Construction of new hangars along Pioneer Trail due to sewer and water availability. • Continued improvements to the City's website on Flying Cloud Airport. • 2009 Management Audit of the Final Agreement. • Guest speakers to the Commission including Glen Orcutt-FAA Manager, John Ostrum— MAC Wildlife Manager, Vicki Pellar Price - Zero Expansion, Warren McVey-FCM Tower Manager. • Two aircraft accidents. • Review of MAC's environmental compliance, which includes an engineer certified Spill Prevention, Control and Countermeasure Plan(SPCC). • Continuing increases in use of City's airport website. • Monitor of Flying Cloud Joint Airport Zoning Board. Attachments 1. 2009 Report and 2010 Goals and Work Plan Flying Cloud Airport Advisory Commission 2009 Report and 2010 Goals and Work Plan Charter The Commission was chartered in 2006 by the City Council to "advise the City Council and the Metropolitan Airports Commission with regard to matters affecting the operation of Flying Cloud Airport." The City Council charged the Commission with the following roles and responsibilities: A. Advise the Council and the Metropolitan Airports Commission with regard to matters affecting the operation of the Flying Cloud Airport, including: the classification of the airport under federal and state law; rules and regulations of federal and state agencies governing the operation of the Airport; the ongoing monitoring and implementation of the Final Agreement Concerning Flying Cloud Airport and MAC Ordinance 51 between the City of Eden Prairie, Minnesota and Metropolitan Airports Commission, dated December 2002 (Final Agreement); other noise abatement methods to reduce the impact of aircraft noise on the community; and such other matters as the City Council may direct from time to time. B. Cooperate with the Metropolitan Airports Commission Staff in reviewing for the benefit of the Council matters affecting the use and control of the Flying Cloud Airport, including the Final Agreement, and shall make its recommendations to the Council and the Metropolitan Airports Commission upon request with regard to any proposal affecting the use or operation of Flying Cloud Airport. 2009 Accomplishments The Commission's approved goals for 2009 were: 1. Continue our focus on providing education and information about Flying Cloud Airport to various public and private constituent groups 2. Continue to increase visibility of, and communications from, the Commission 3. Continue to monitor the Final Agreement. 4. Work with the City of Eden Prairie and MAC to reduce nighttime noise 5. Work with the City of Eden Prairie and MAC to improve the appearance of the airport Commentary The Commission was very active 2009, as it held its normal six meetings, as well as four special events/meetings. The first was a public meeting, held May 28th at the Hennepin Technical College, to discuss the status of the airport expansion. Over 150 residents attended to get the facts and to comment about the expansion. The second was an extended meeting in July. The Commission toured the airport and the grounds, while under construction, met some of its business leaders, and toured the tower operation. February 2010 Page 1 Flying Cloud Airport Advisory Commission 2009 Report and 2010 Goals and Work Plan The third was a public meeting with the Hennepin Village Homeowner's Associations boards hosted by the Commission, and presented by the MAC. The fourth was a tour of the airport grounds in late October to see the south parallel runway in its completed state before winter. The Commissioners take time to fully understand the range of issues facing the Airport from various angles. The Commission strongly believes in its mission. It is working to educate itself, on behalf of the City Council, to maximize its value to the City Council, Eden Prairie residents and MAC. Education and Information Phase 2 of the runway expansion project, to extend 10R/28L to 5000 feet, began in the spring of 2009. Additionally, the Very High Frequency Omni-directional Range (VOR) was relocated across Flying Cloud Drive. Many taxiways and alleyways were rebuilt, creating a safer operating environment. Work the previous year completed the first phase of the plan, which extended runway 10L/28R to 3900 feet. The extensions of both runways will improve safety margins for current and future operators, and allow greater efficiency through increased fuel and passenger loads. .. nY _ _ ..- ii PMS lam - 4 - --,_"3 - _ .._,' The photo above depicts the new runway extension of 1OR to 5000 feet (left hand side of photo) and the new south hangar area (right hand side of photo). The hangars are expected to be built on the grass areas, on the right. The smaller paved areas dissecting the grassy areas are alleyways and taxiways. February 2010 Page 2 Flying Cloud Airport Advisory Commission 2009 Report and 2010 Goals and Work Plan >i 4 • [11i�111�1rlrilrill y ✓,/I/moo/-/7 �Zi7✓lj— • a su s l/IIJ Izp,72 t r t LEGEND: .."""t MOVEMENT NON-MOVEMENT DRAWING SCALE IN FEET 0 700 1400 ,� SEH FLYING CLOUD MUNICIPAL AIRPORT rT MOVEMENT&NON-MOVEMENT AREAS ��:;..:::,,. The figure above depicts the expansion. In addition to the runway expansion project, the City Council continued to have a strong interest in two areas impacting the City. These were airfield security and nighttime noise. The Commission was asked to update its airfield security report from 2008 during its 2010 work plan to assess security at the airport and suggest any necessary improvements. In addition to all the previously reported actions, MAC along with the FAA, have installed high security locks at all gates at FCM, which require special security codes to access the airfield. Mayor Young requested the Commission meet with the FAA and MAC to determine what could be done to reduce the impact of nighttime noise on Eden Prairie residents. Meetings were held with FAA officials and MAC officials to discuss options. The following was determined. • FAA cannot make the curfew mandatory but offered to cooperate and support actions that could reduce noise. • City to ask the FAA to have MSP air traffic control approach/departure (TRACON) to give turbo props a southbound heading, like they do for jets departing under Instrument Flight Rules (IFR), when departing Flying Cloud. • MAC to ask the FAA to have the Flying Cloud tower includes a noise abatement and voluntary restriction notice to its outgoing Automated Terminal Information Service (ATIS) message. February 2010 Page 3 Flying Cloud Airport Advisory Commission 2009 Report and 2010 Goals and Work Plan • MAC was successful having language regarding the voluntary nighttime curfew and noise abatement procedures added to the Airport Facility Directory. # INNESOTA I;}y FLYING CLOUD t{I;MI 11 SW LITC-51-soil Fi44..I{)G!,•tiwv:1' r I IWIW CM'S Aro ;i see FUEL 1 i,I F, 1 LDUL.I, III A SIX:;, / I I!s')in AKA!! I. :I a,r,l I I.I 11::''1 II 2I.L 1 LI,Elk A R1NY I IIE 2_.i15000X 1 OO{A,5'E I1 5 '3•0 I I IITL IAP,AC RI 1/bit,P1+tl511:YA5Ic 1Ll •(iI.3.LI-Ii,FI41 IIR'tic Pe $L:RE1L.VASfiV411 .CA 3.0"TII F1 4 ,illeig. 1rw1 141. 91h;H.39o2x7!?ABM) ; 9l.IF MIRS NC lilt,I'AI'II11LJ 3.O",ICH 79 WMr]29I PAPI1P4L.} GA 3.0'TC11 3R' Rued-Fte1 Ite FtW 18 34 I.121ifi1XIS IASPH1 S 12.5 MIRL }1i REIL 4ASI144Ly GA 3.SY TCH 37'.Dee. DIY 31.:REl. VASA411L1--GA 3,0"TCH 31',Rr'ad. 46 a ,1 .. *r ++•' • AeIPIA1 iuI RtS;A1LNidE.11 I30U-01O1 Z4.�SaII serve Nalnvadeblo 1 7A hrs.Ftwy 1GL-.11I CLOSE°when ernclad.Arpt.CLOSE[)io le:1310 i nhI emaciate FAR 6,pat iralnlryl dI IU elt-rt welghtiit nI rr than ' '0 t>'i�Q 60,006 Mss grass wcig1tl Mal Menem:*run ups are prohduFrd ohlbLed lifter ■rt K pplween U4D0 1�Fi;.IJltrall Olt aR9 Iw waterfowl on And!wad erpl,When AICI cir l oncy4 rernvral Q tainrs mend 11.1.11.,1.Ilwy 1OR end Rey an outing fg, .0/7t 1ir only.Fro oril9 m 8 atieirent procedures salt 612•725-6327 ^ /Aircraft Please fallow wolurdary eel iE Onraerwent pro aUu:ay as r polished and Pry 10R-21IL I Ilse reefs Wad Mils4 4aRleht � — �— runway.Rwy 113-35 Fu. -otf A,H.L 1,C2.P3,Li.f2,f3lglluw - - 0r$,indef.Wish leer clad ACTIVATE MIL Roar 1F#••35 and I-FIRL Rwy i0F1-2191,PIAi.SR Rriy 10H,MIL Rwy 2 L and Ray 1B end 36,VASE Rwy 1011,Rwy 281.FLti y LA and Rwy 36.PAPI Awl)inl.aid Rwy 28R f 19-1-PAP!Rwy lint,Rwy 29R ars1 MIRL Rwyr 1CL-WAR activatot7 briny when Rwy 11:1R 29L CLOSED. II1KI PArK MACES! (5152 441-41511 CIL 11111 1.1IIN1E C'1AF 11 -1 lin 124.g ■IIC#M 122-gS paint=1119 C11 134.7 MI PLWI1111`CLiC IEL 121.T Milan twr cJoemil fa1{4A 111.1 125,2 1Apr•OcI 1300 04DDnn,Nov tar 1:#bl]-i.:3nflf.#) CM 121,7 Fitt KL L2Y.7 AlliariGI QM■svc Apr..4u1 13QO-0400Z4 N{,r-lies i 3 D.O 3O t'riot 11m[w L I-ASS E. Win roils Ta MIMI1111l l:NO WA FILE FCM. ILI BRIM(111.T1 FCM Chan 55 filid"lg.5A'W3:117.41' Hi IIU,9l}2PBE 11.$109.7 11CP4 NWY IOR. GS tntncab1t b degrees Intl 01 444+ee,GS t11111Wri1tored 030C-321:1102 . CO M Ilf in9.7 I•rT=M 31wy 10R: The chart above is a copy from the Airport Facility Directory used by pilots to provide information about their destination airports. The Commission, with the assistance of MAC, directed the publishers to add the noise abatement language for FCM, indicated at the red arrow. February 2010 Page 4 Flying Cloud Airport Advisory Commission 2009 Report and 2010 Goals and Work Plan Nffise Abalcmenl Plan Kr CM 'the volmmrtv Noise Aber-meat Plan(NAPS for KM has fla ) Pilot Guide been prepared in rren,pirter of the need x'mako the aaport •III I eel/ 7 and the rm,ouutiug,0euuuail..a,emuOneneni y 000tpau- a`flrf(�1J>,� blc es possible. - +� AIRPORT INFORMATION \[]7'R.:FArl Iari one end re t,take. `;•r. +j Hi Field Elnatioa 9G6 regn gairenten ` -��� ^ 'EPA.1906{1W71 precedence aver noi,e shatemenl prnc.ednre.. R[COMhIENDEII PROCEDURES ARE NOT INTENDED "Ili`. 'LD IONcorer x'1151 INS1'RLC"rlDAS eRUN i'1'r Ur + RU.NWAY INFORMATION 7'f TrIUSE R'Irif.n AA;TM.ENO r:STL'T.1IFTifOR1TV(r1 � \\ ray' TREPn1. RAT18-36 2681x75 v \� .Lvphalt,rnnmao weight ena,lemm 0,0®0 Ile ECM IS A NOISE SENSITIVE AIRPORT it ti IG 1 AR009`P oa 16•BETE 3l.fon, kit)'.cliff.Tox i Avoid Noise Sensitive ResidenliRL Areas ' a rc HWY 36.HILL.VA,L-3.G'(4-bux,en Lthl.Loll ai. Noise se,riternse erns su¢olmd 1-CM,and pilotir a asked to 7tnM,f:rc:o. iy operate will,cuusidetaLiun fix the re}iden0.Iunted in Lhuac RIW 28R-Hi 3900 i 75 0 areas.Please avid dying low aid follow cue csmilrrhed Arphatt,rimer,nei;hl maiimum MAW mi nlsc nnbetcrnent,roocdnr`atoo help cncercapcaceful:,r7r(m- ,11RPf1RT f)T:\(;R:1f11 silent iOlecne)mle lone fnumn,Mrvicettrrl Rll'Y NA.4iF."trlk.Re.ul. mum CLUCDA®00015FCM) Rlr'Y IOL:Lell Tfe.too Obs:ncems. FohfdtAry Nighttime Restriction In Effect ern•rAT.-16R %AOv Ire tl I.Vohmmrily rrfo11 from ny;noo hrtween 2206 In o'r>n ORDINANCE 97 00 phalt.nn a,eel hl MAXIMUM 60.800 row lirnliime. N2.If an upmnire,mast occur.form,She prefenrd error N1rY 25_.l AS:•i.f1'j4Wx.on tool).Le}l:to tide. U Hum-riveand miredpmCedmti lMAr'Ordinance No.77 ptoltibiir aorcmlt noeilrlei1aeCe rim- AC411'10R00.51 SR VAST iO"(0}LOt,a'r WI.l(ip2'r IA h 3.No trautiug may 6e nm,duned hi the traffic palter,be• ups at ECM belween the swills of 2200 vu10700 local Wax In o,an,ciinrw. mid.E horn the hours of'14001ocel and.O7V0 local time.Noe: 'd restricts ate use of[Ito nir)wn fo Dnly ahcraft weiphi Irnn en th iSllfifili roan&cemficd ne mar gr takeoff wrlght Operuliuru Lcaneen 2200 m1241.0 foal mar need in iv COMMUNICAITONS rnldurmrl oar rile purlwse�r of riming nighninte Aladual tt4ael. Ell lF:in I W ourmnn regu0001ro'1rr 4. I1ersetil;0u ukno al FChf rile dib<ow-agrdul all w,res. I.Lxemptions iodic above restrictions do exist in the case:of FY Nf4:- I7_.9i emergency,U.S.Cuvernment Aircraft Or wrsherluled Ara124.9 maintenance roe_upn that are raduired too meet a devil-lute WX SUURCLS':ASUSFIIOlE'195214W14156 Preferred RLRxRy Use LIILHGLVCY:121.5.2,13Z The follooiup priorities cue lecormueedes tdlelt selecting a t,nethe uext 1Rplrliing, ewap lrlunng dower heron.air traiiie control will didete Floe 0CMGROLlD.121.9 :=N=re runway): 2.L AC Ordiruwce No.97 carries punitive action EL the firm ANR-UCf:dtrto='ftt)cur).NOV-MAR.U700-21110(CST) of a misdrrurauot punishable w ac mdau«with Muwesala j'jstn J,ogjrto or Ili rt5i lAm 3jrrn0P. StAtues,Section 611'1,01. Felt T0AT"R.11E.1,110.? Alri.als.1DR,IOL,'6L 26R,36,18 APR-OCT:0700-vlr2p(CDT).504-11AdC 9700 2100(CST) ❑epaleL res.I OR,,1GL,2S1,'S1L 13,36 ; A.I / t LNICEAPOLIS APPDEP,13d.7 ` ', lel.tit.[aII -1 .411trNLAPLILIS APPpratrden C'LR DLL rMaC. •' .tioi•alsokrpa'lu,r,:10R,26L macnoise.com ° i, - n121.7nerniCMALC1Ciosed. The Commission undertook a new project, in conjunction with MAC, to better inform regular and transient pilots about the airport and its voluntary noise abatement policy. The two page document that resulted (page one above and page two below) is the product of research conducted at other US airports by the Commission. It found and secured similar guides at other airports and suggested the idea for FCM to MAC. These pilot guides, created in size and shape to fit into a pilot's notebook, have been given to the FBOs, aircraft owners, instructors, and all visitors to the Airport. They are downloadable from the web site. February 2010 Page 5 Flying Cloud Airport Advisory Commission 2009 Report and 2010 Goals and Work Plan Departure Procedures Arrival Procedures Maintenance Run-ups Unless otherwise directed by air traffic ooeuol,departieg aircraft Unless otherwise directed by air traffic control,use the Ha- oat Runways lob or Old shall turn to a southerly beading after omi Business Aviation Association approach and landing 1 Engine tests and rnainienen0e run-ups are prohibited be- proeedure depicted below. nveen 2200 and 0700 local tine.Emergency exceptions may apply(Ordinance 97). '' •- • 2. Between 1700 and 2200 local time,all engine testa and m- aps in excess of five minutes shall be coordinated with air bvrarn a.Land.a rt traffic control to he mndeeted In one of the green deslg- �„ ,� vraewe a a lir raced areas(tee airport diagram),and parked with a head- ing between 260 to 030 degrees whenever practical rwrrwar 3. Rum-ups moat be coordinated with air traffic control ap- proval and with consideration of the hvnway(s)in use for arrivals and departures. Late ara _ _ ffa pr runway Helicopter Procedures ..Phut: t nnr*+"°mnK � 1_ All helicopter training is prohibited at FCM from 2200 Sr 0800 Rea/.time_ 2. Multiple helicopter approaches to a hard surface shall be restricted to the approach end of Runway 26L when Run- way I 826 is Muse_and to the approach end of Rrmway 36 owing the nleparnue end of the.rtmwey and aveinmg attmde An airplane approaching to land on a runway served by a vis- when the parate3 nmeavo are arti,re_ of500 feet egl.Whenever possnbie avoid the noise cnvtive resi- ua]opproaeb slope indicator or precision appronoh slope indi- 3 When the Towex it active,ATC ship determine traffic pat- dermal areas.The somhbound nun procedure applies m all opera- eator shall maintain an altitude at or above the glide slope until tan procedures with conaidoaticn for the noise sensitive Liana when the tower is closed, a lower ahitvde is necessary for a safe landing_ 4. Helicopter operators are asked to avoid low-level training Traffic Pattern Procedures and repetitive activity over residential areas whenever pos- sible. NUM gvsrlr Departure Premiere ► 1. Traffic pattern altitude shall be 1,00D feet agl. ,�.' 2. Multiple mining.events by jet ahemt are prohibited Stage 2 Aircraft Operations Restrictions _ 3_ Extended legs in the pattern arc raw permitted unless re- , .' quired by ATC. The MAC has implemented a volumaty restriction on Stage 2 • ww'a.r"':"• 5, Wherever feasible,aircraft reran'" in the traffic pattern ax aircraft opermio..1f the total another of Stage?,aircraft opera- .. shin use Rrmway 28UIOit Avoid wailying noise scmo- taus at FCM exceeds seventy-five(75)within any rolling 72- rive areas if possible. month period,the MAC will initiate the process to implement a _ �� -� mandatory ban Stage 2.aircraft at FCM. For information contner.(612)725-6327 __ wm acnoise.eoalFCM Printedd/0Dl09 MAC and the Commission conducted a one on one meeting with the Top 10 operators to discuss ideas about limiting nighttime noise. Below are several suggestions resulting from the meetings: • Conduct noise abatement training during ground school and flight lessons • Send noise abatement procedures and training reminders out to area flight instructors • Send noise abatement flyers in airport hangar owner's lease billings every so often • Post noise abatement signs at the end of the approach and departure runways • Include noise abatement message on ATIS/AWOS • Encourage charter companies to cover noise abatement information in their itineraries. • Set up personal visits to fixed based operations and flight schools. • Make sure the transient pilots are getting this information • Conduct nighttime currency requirements at additional airports to the south February 2010 Page 6 Flying Cloud Airport Advisory Commission 2009 Report and 2010 Goals and Work Plan • 111111 or.` r l 40)4' '4 ...440:41541,10r. � �l ' Ole .Ng's r t w � ' - May 2009 Public Meeting on Airport Expansion Plan Implementation The Commission continues to have a public comment section as a standard part of its meeting agenda. Several residents attend the meetings, and a few choose to speak. Guest speakers at our meetings included: • FAA Manager Glen Orcutt • MAC Wildlife Manager John Ostrom • FCM Tower Chief Warren McVey • Zero Expansion leader Vicki Pellar Price MAC Capital Improvement Plans (CIP)for 2009-2015: • Completion of the 1,100' extension to runway 10R/28L is scheduled for 2010. • The south hangar area projects are listed for 2010 and beyond. • A slight relocation of runway 18/36 is listed. The Commission continues to monitor developments of these projects and inform the Council as warranted. We continue to be an information conduit for the Council and citizens. The Commission reviewed and commented on the City's Comprehensive Guide Plan. Overall airport operations held flat year over year. The sluggish economy hit general aviation, including the corporate sector. There were two airplane crashes in 2009 for the first time in many years. • On August 12, 2009, a Beech E18S collided with the terrain, following a loss of control while circling the Flying Cloud Airport, which resulted in two fatalities. February 2010 Page 7 Flying Cloud Airport Advisory Commission 2009 Report and 2010 Goals and Work Plan • On October 5, 2009, a twin-engine Temco D-16-A sustained substantial damage when it impacted trees and terrain in north central Eden Prairie, after a loss of power to one engine. The pilot, the sole occupant, was seriously injured. The Commission reviewed MAC's environmental compliance at the airport. MAC does not own or maintain any wells on the airport property. There are no environmental monitoring wells on the airport property. This year MAC extended sanitary sewer and water lines along the north boundary of the airport to serve tenants and businesses on Pioneer Trail. Sewer and water is already available along Flying Cloud Drive. As part of this infrastructure, airport businesses and hangar tenants that have wells are required to properly abandon them and their septic systems, and connect to sanitary sewer and water within two years. Many of the owners are electing to connect immediately as part of new hangar construction. The new south building area will be served with sewer and water in 2010. MAC's Spill Prevention, Control and Countermeasure (SPCC) Plan, in place since 1991, is Professional Engineer compliant. The Plan was updated in 2009. Although the MAC does not meet the regulatory threshold that requires a SPCC plan, MAC determined it was appropriate and prudent to have one in place. Annual Aircraft Operations 300,000 250,000 200,000 150,000 100,000 a 50,000 0 February 2010 Page 8 Flying Cloud Airport Advisory Commission 2009 Report and 2010 Goals and Work Plan Flying Cloud Airport Traffic Count as Reported by the Air Traffic Control Tower during the Hours of Operation 7AM—10PM April—September and 7AM-9PM October-March 18,000 16,000 - -- _ - 14,000 - - 12,000 - 02006 10,000 - - - ■2007 02008 8,000 - - ■2009 6,000 - - Total 4,000 111 Operations 2,Ooo 2006-144,178 2007-118,178 o r 2008-116,936 JAN FEB MAR APR MAY li n �II II I.. l i:C, NOV DEC 2009-117,209 Communications Commissioner Greg McKewan continued to work with the City Communications Department to make the City's Airport web site more effective as a tool to improve resident access to key data about the airfield. Many pages and data were added, as was a full video of the Public meeting held in May. The impact has been great, as more information is available to residents. The most popular items viewed by residents are the flight tracks and the Commission's meeting schedule. Over 9,700 hits have been made to the airport section of the City's web site in 2009. This is a 47% increase over 2008. Please visit the site at Flying Cloud Airport. We conducted our fourth annual one on one meeting with businesses based at the airport in the spring. This included discussions on noise abatement ideas. This year's visits included Airovation, ASI, Thunderbird Aviation, Elliott Aviation, Hummingbird Aviation, Modern Avionics, and Inflight Pilot Training. The event included a tour of the tower and a drive around the perimeter. In July and October the Commission conducted additional airport tours to monitor the progress of the construction projects. The Commission welcomed two new student members, Sam Clark and Tanay Mehta. We thank our outgoing student members, Michael Dennis and J.P. Maslyn, and wish them well at school. February 2010 Page 9 Flying Cloud Airport Advisory Commission 2009 Report and 2010 Goals and Work Plan The 2009 MAC FCM Operator of the Year Award was presented to Ben McQuillan, owner of Inflight Pilot Training at the Commission's January 2010 meeting by the FCAAC Chair. er- McQuillan was selected for the proactive way in which he introduces the noise abatement procedures to his student pilots and his discussions with the students on flying friendly. He goes above and beyond the basic requirements for pilot training. He also offers a free weekly seminar, another effort and means to get the noise abatement mitigation out to users of the airport. The City Council approved the City's participation in the Flying Cloud Joint Airport Zoning Board (JAZB). The JAZB is made up of two appointments each from the cities of Eden Prairie, Bloomington, Shakopee and Chanhassen, two from the MAC, and a chair named by the appointed members. The City named Council Members Aho and Duckstad. FCAAC Chair King was named Chair of the JAZB. The JAZB is created under Minnesota Statutes. It serves to review and limit "airport hazards" that endanger lives, property and airport utility, and prevent hazards, with consideration given to avoiding the disruption of existing land uses, based on social and financial costs. The JAZB meets each month. The Commission obtains regular briefings about JAZB meetings. 2 -D z 5 R P 2 s and State l a n e s F44344rr w i t 7, 2 0 0 5 Land Use {y-5 k illf NU b • rlri,, . ei•ua Airport 1res} Diagram of the runway safety areas the JAZB is evaluating February 2010 Page 10 Flying Cloud Airport Advisory Commission 2009 Report and 2010 Goals and Work Plan Monitoring the Final Agreement — Reduce Nighttime Noise There has been an increase in noise reporting during the voluntary restriction period (10pm —7am). The Commission believes its educational efforts have resulted in greater public awareness of the noise reporting procedures. The people are using the procedures. Also, the convenience of the internet makes it easy to log a report. The Commission plans to continue its work in 2010 to reduce nighttime noise. Since the inception of Ordinance 97, we have seen a decrease in the number of complaints in regard to nighttime maintenance run-ups. This is partly because of our continuing education efforts, and the decrease in traffic. Lifelink Ill moved its operation from FCM in July 2009. As a result, there was an immediate reduction of reported helicopter noise. Helicopter and other medical flights were among the largest violators. These violators were reduced somewhat by the introduction of alternative arrival and departure paths. All reported incidents were reviewed to the fullest extent. All noise complaints sent by residents to MAC via telephone or the internet are recorded and researched thoroughly. MAC reacted appropriately to the complaints. The Commission reviews MAC's Noise Complaint Report at each meeting. ;it „VA° Alltb `EjtAf047: • 161 • -- 4- Jr 411 Over 150 residents attended the Public Meeting MAC agreed, at its own cost, to add Flying Cloud Airport to its Multilateration Project. This will improve the quality of flight track data; ensure better data integrity, availability, and reliability, and create timely, accurate reporting. The project was to be done only at MSP. Through the good relationship between the Commission and MAC, the latter agreed to extend it to FCM. The project is part of the ANOMS or Airport Noise and Operations Monitoring System. It is currently undergoing acceptance testing and should be completed in the 1st quarter of 2010. February 2010 Page 11 Flying Cloud Airport Advisory Commission 2009 Report and 2010 Goals and Work Plan Improve Appearance of Airport Significant new hangar construction has begun on the north side of the field. Old, rusty and deteriorated row hangars are beginning to be replaced with modern individual hangar facilities, served with sanitary sewer, water, and natural gas heating. This construction is expected to continue. In addition, some of the oldest hangars on the east side of the field have been eliminated, and a new south side hangar area has been graded, paved, and is ready for new corporate hangars with sanitary services. The City and Commission also hosted a meeting between MAC and the Hennepin Village Homeowners Associations' Boards to discuss the expansion plans and landscaping. The meeting resulted in MAC committed to adding more landscaping along the south side of the airport and improving south-side gateway improvements. • Goals for 2010 The Commission proposes similar 2009 goals for 2010. We will continue our focus on providing education and information about Flying Cloud Airport to various constituent groups, as well as continue to increase visibility of, and communications from, the Commission. While continuing to monitor the Final Agreement, we plan to work to reduce nighttime noise. We will also work with the city and MAC to improve the appearance of the airport. In addition, MAC will begin testing a representative sample of homes located east of the Flying Cloud Airport, shown in Exhibit 5 of the Final Agreement, in accordance with a methodology agreed upon by MAC and Eden Prairie in the Final Agreement, to determine the existing exterior to interior noise reduction level. In the event that any residence has an exterior to interior noise attenuation of less than 20 dBA, MAC will consult with the City to determine the nature and extent of sound insulation to be provided for eligible residences. Staff Support The Commission received excellent cooperation and support from the City Staff, especially its liaison, Scott Kipp. His exceptional knowledge and advice has greatly benefited the Commission. The Commission would also like to thank Carol Pelzel, our recorder, for her tireless work on its behalf. Her consistent accuracy and attention to detail has been recognized and appreciated. February 2010 Page 12 Flying Cloud Airport Advisory Commission 2009 Report and 2010 Goals and Work Plan Thanks are also extended to the MAC and its regularly attending staff (Joe Harris, Scott Skramstad, Chad Leqve, Bridget Rief), all of whom have been extremely supportive of us, as we conducted our business. During the year Joe Harris, the airport manager and MAC's representative to the Commission was rotated to an expanded role at another airport. We owe Joe a great debt of thanks for his cooperative attitude, and his tireless efforts to make the airport a good neighbor. Jeff Nawrocki is the new airport manager and MAC representative. Jeff is a great resource of knowledge and quick results for the Commission. He also works with the airport businesses and provides the annual Commission tour of the airport. Finally, thanks go out to MAC's Scott Skramstad for his committed diligence in the evaluation and thorough analysis of the noise reporting duties. Scott has been promoted to other responsibilities. MAC's Jennifer Lewis has already mastered the noise reporting duties without missing a beat. Overall, MAC's responsiveness to our requests for flight maps and special graphics has added immeasurably to the Commission's, and publics, understanding of flight operations and to the Commission's ability to fulfill its mission for the City Council. The Commission anticipates a busy and highly productive 2010. Respectfully submitted, Flying Cloud Airport Advisory Commission wf A % 1111 1111 34 Ft- • _ v Front Row, left to right: Sam Clark (Student Rep), Scott Kipp (Staff Liaison), Judy Gentry, Kurt Schendel, Mark Michelson Back Row, left to right: Rick King (Chair), Jeff Larsen (Vice Chair), Greg McKewan, Jeff Nawrocki, Tanay Mehta (Student Rep). February 2010 Page 13 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 16, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Raffle Organization: Summit Academy OIC Place: Bearpath Golf& Country Club Date: June 14, 2010 Organization: Project Health International, PHI Place: Great Mandarin Restaurant Date: April 24, 2010 Temporary Liquor Organization: MN Vietnam Veterans Charity Event: Wine Flight for Honor Flight Date: April 30, 2010 Place: Summit Place Senior Campus 8501 Flying Cloud Drive 2010 Renewal Licenses Solid Waste Collector Atomic Recycling Dumpster Box Services Suburban Waste Services Tennis Roll Off Tubs, Inc. - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 16, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILB. Randy L. Slick Adopt the Resolution Approving the Public Works/Engineering Final Plat of Menard's 8t Addition Requested Action Move to: Adopt the resolution approving the final plat of Menard 8th Addition. Synopsis This proposal is for the plat located at 12600 Plaza Drive. The plat consists of 15.72 acres to be platted into one lot. This proposal, the "new" Menards will be rebuilt in its existing location, with the reconstruction of the Eden Prairie Menards new Drainage and Utilities will be dedicated with the platting process. Background Information Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on August 18, 2009. This is a replat of Lot 1, Block 1, Menard 7th Addition, the proposal falls under the guideline of a"simple subdivision" as defined within the City Code. Approval of the final plat is subject to the following conditions: • Completion of vacation of underlying Drainage and Utility easements. • The requirements as set forth in the Developer's Agreement. • Prior to release of the final plat, Developer shall record and provide proof of filing the Development Agreement at the County Recorder and/or Registrar of Titles. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 20010- A RESOLUTION APPROVING FINAL PLAT OF MENARD 8TH ADDITION WHEREAS, the plat of Menard 8th Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Menard 8th Addition is approved upon compliance with the recommendation of the Final Plat Report on this plat dated February 16, 2010. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on February 16, 2010. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda February 16, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Development/Planning The Heritage—Landscape Janet Jeremiah/Regina Herron Settlement Agreement Requested Action Move to: • Approve the Landscape Settlement Agreement for The Heritage-Manley Land Development Project. Background Information On August 7, 2001 Manley Land Development, Inc and the City entered into a Developers Agreement for The Heritage Development project. The city is holding a surety bond for the project from Cincinnati Insurance Company(CIC) for the purpose of securing performance of the Developers obligations to complete the landscape/tree replacement plan. The developer did not complete the landscape/tree replacement plan. On October 6, 2009 the City adopted a resolution declaring Manley Land Development, Inc. in default of the Developers and Landscape Agreement for the Heritage Development Project. The City initiated proceeding with a claim against the bond. The City has worked out an agreement with the CIC that will allow Manley Land Development, Inc. to complete landscape work on or before June 30, 2010. However, if Manley fails to complete all of the landscape work by June 30, 2010 the bond will be released to the city. Attachments 1. Settlement Agreement SETTLEMENT AGREEMENT THIS AGREEMENT is hereinafter referred to as the "Agreement", is made and entered into by and between Cincinnati Insurance Company and City of Eden Prairie [collectively referred to as the "Parties"]. Recitals Whereas, Manley land Development, Inc. ("Manley") entered into a contract with City of Eden Prairie (the "Eden Prairie") in connection with Manley's development of the Heritage Development Project(the "Heritage"or"Project"). Whereas, Eden Prairie required a surety performance bond guaranteeing the performance obligations of Manley under the contract. At the request of Manley and others, Cincinnati Insurance Company ("CIC") issued a a performance bond (the "Bond"), bond number 442202, issued by Cincinnati Insurance Company("CIC") for the Project, the penal sum of the Bond was issued in the amount of$35,115 and the penal sum of Bond was later reduced $15,000; Whereas, Eden Prairie claims that certain landscape work was not completed and that such work remains uncompleted and Manley is required to complete such work in accordance wit the terms of the contract(the "Warranty Work"); Whereas, Eden Prairie made demand upon Manley to complete the Warranty Work by a certain period, Manley failed to do so, and Eden Prairie terminated Manley under the contract. Eden Praire subsequently asserted a claim against the Bond demanding that CIC complete the Warranty Work. Whereas, below the parties have set forth the terms under which work will be completed on the The Heritage Development Project pursuant to the contract between Manley Land Development, Inc. ("Manley") and City of Eden Prairie (the "Eden Prairie"). Terms NOW, THEREFORE, for and in consideration of the mutual covenants, promises, releases, assignments and payments recited herein and intending to be fully and legally bound hereby, the parties agree as follows: The parties agree to proceed with the work under the following terms and conditions: 1. Recitals. The above recitals are incorpated herein by reference. 2. Rescission of Termination. Subject to the terms of this Agreement, Eden Prairie rescinds its termination of Manley provided tender of the amount set forth in paragraph 3 hereof and performance as set forth in paragraph 4 hereof. 3. CIC To Tender Penal Sum to Eden Prairie. In exchange for Eden Prairie recinding its termination, CIC shall, contemporaneous with the execution of this Agreement, tender the penal sum of the Bond in the amount of$15,000.00 to Eden Prairie. 6532660v1 901761 9214 4. Completion of Warranty Work and Default and Return of Funds If Work Is Completed. a. Completion of Warranty Work. City will allow Manley to complete all of the Warranty Work on or before June 30, 2010. If Manley fails to complete all of the Warranty Work by June 30, 2010, without any further notice Manley shall be deemed in default of its contract, and Eden Prairie may immediately relet the remaining work to others and use the funds tendered by CIC to Eden Prairie. b. Return of $15,000. If Manley completes the Warranty Work to the satisfaction of Eden Prairie on or before June 30, 2010, Eden Prairie shall return to CIC, or its designee, the $15,000 paid by CIC to Eden Prairie. If Manley does not complete the Warranty Work to the satisfaction of Eden Prairie on or before June 30, 2010, Eden Prairie may use the $15,000 to complete the Warranty Work. 5. Release of CIC. Upon execution of this Agreement and tender of the penal sum of the Bond to Eden Prairie, Eden Prairie does hereby release and cancel the Bond and Eden Prairie releases CIC from all claims, demands, rights, causes of action, actions, suits, damages, losses and expenses of whatever kind of nature, Eden Praire had, has, or may have in the future, arising from or by reason of any and all known and unknown, foreseen and unforeseen, claims, losses, costs and damages, and the consequences thereof, relating to and resulting from the contract and the Bond. 6. Reservation of Rights by CIC. Nowithstanding the terms of this Agreement nothing contained herein releases CIC's claim against Manley and the other indemnitors to CIC and CIC expressley reserves all of its claims, rights and defenses against Manley, Manley Realty, CPDC, Kevin Manley, Janet Manley, Kurt Manley, Sara Manley, and Manley Brothers Construction. under the Agreement of Indemnity. 7. Conflicting Terms. In the event that any terms of the contract and this Agreement conflict, this agreement conflict, the terms of this Agreement shall control. 8. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original, but all of which taken together shall constitute one and the same agreement. Facsimile signatures shall be given full force and effect as an original executed copy. In witness whereof, the parties have executed this Agreement as of , 2010. Cincinnati Insurance Company By: , J. Michael Hennigan Its: Assistant Secretary and Manger of Bond Claims Date: SUBSCRIBED and SWORN to -2 - 6532660v1 901761 9214 before me this day of February, 2010. Notary Public City of Eden Prairie By: Its:Mayor Date: By: Its: City Manager SUBSCRIBED and SWORN to before me this day of February, 2010. Notary Public - 3 - 6532660v1 901761 9214 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 16, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Office of City Manager, Declare obsolete computer equipment as Information Technology/Lisa Wu surplus. Requested Action Move to: Declare obsolete equipment as surplus and authorize the City Manager to dispose of property to manage end of life computers, monitors and electronics using Asset Recovery Corporation's services and the State of Minnesota as authorized under City Code Section 2.86, Subd. 3. Synopsis The City has a surplus of obsolete computer equipment. The equipment is of no use and will be recycled for the cost of$0.15 - $0.30 per pound, depending on the type. All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. Attachment • List of surplus equipment Devi Brand Cart 1IIII 17" Monitor Dell M782p CN-o1K525-47803-31F-L7KX 17" Monitor Dell E770s KR-02010V-47602-14J-AS56 17" Monitor Dell E770s MX-02010V-47605-OBD-ALD9 17" Monitor Dell E772c CNN-09M556-64180-24N-01KL 17" Monitor Dell M772p MY-08J854-46632-21S-80FR 17" Monitor Dell M772p CN-01K525-47803-LOED 17" Monitor Dell M783c CN-0M9133-47609-SCD-BNQA 17" Monitor Dell M782p 01K525-47803-314-LOMX 17" Monitor Dell E772c CN-9M556-64180-27Q-017G bevice 1 Brand Model # Serial# Cart 2 Printer HP Laserjet 4000 USMC077338 Printer HP Laserjet 4000 USEF25959 19" Monitor Apple 19" Monitor Apple Printer HP 4300 CN0D600752 Printer HP 1150 CNBB067716 Printer Dell P1500 3RGKD41 Printer Dell P1500 351LD41 17" Monitor Dell E771A MY-8J854-46632-1AF-823V Fax Brother Intellifax 2600 U56515CU501178 Fax HP Officejet T45 SG05PC3125 Device Brand Model # fart 3 19"TV Toshiba MW20F52 BAB359014504A 15" Monitor Acer JVP7134T M3TP62601165 17" Monitor NEC JC-1736VMA ZX786301 17" Monitor Dell E771A MY-08J854-46632-21C6-8302 17" Monitor Dell E771A CN-04N936-47606-ZB4-BJNK 17" Monitor Dell E773A MX-0N8175-47606-5AR-8356 17" Monitor Dell M782P CN-01K525-47803-2CG-LGUY 17" Monitor Samsung 753DF AQ17HCCR812022F 17" Monitor CTL 171LX 726UFTZ22NO441 15" Monitor Dell 15FP CN-0D5421-46633-477-4P3U Device Brand Serial# Cart 4 13"TV Sony GVM-1311Q 2002779 17" Monitor Dell M783a CN-0M9133-47609-SBS-B9VG 13" TV Toshiba MV13P2 47417085B 9" TV Provideo VM901B 41695401746 9" TV Super Circuits MTO9A 34920911004999 9" TV Super Circuits MTO9A 34920911004978 9" TV Sony SSM930 1064198 9" TV Panisonic WVCM1020 DKW00330 Projector Hitatchi CPX445 F51000260 Camera Sony 11791 Camera Panisonic 445 Laptop Dell Inspiron 8200 8KRN621 Laptop Dell Latitude D600 8SNY451 Laptop Dell Latitude D600 1SQHX51 Laptop Dell Inspiron 500m JNMPG31 Laptop Dell Inspiron 500m 9YDTY41 Laptop HP Omnibox XE2 TW95200793 Laptop Toshiba Protégé M200 24035521PU Laptop Toshiba Protégé M200 24094151PU Laptop Toshiba Protégé M200 94031410HU Laptop Toshiba Protégé M200 34093086PU Laptop Toshiba Protégé M200 3409303PU Laptop Toshiba Protégé M200 34092785PU Laptop Toshiba Protégé M200 24102881PU Laptop Toshiba Protégé M200 9403247HV Laptop Toshiba Protégé M200 24035531DO Laptop Toshiba PP350V-002GF4 3315240P Laptop Toshiba PP350V-002GF4 33125212P Laptop Toshiba PP350V-002GF4 33121706P Laptop Toshiba PP350V-002GF4 33125201P Laptop Toshiba PP350V-002GF4 33125899P Laptop Toshiba PP350V-002GF4 33125994P Laptop Toshiba PP350V-002GF4 33125203P CITY COUNCIL AGENDA DATE: February 16, 2010 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Cliff Cracauer Public Works/Fleet Services 2010 Surplus Vehicles/Equipment Requested Action Move to: Declare property listed on the attached Equipment Auction List as "surplus property". Synopsis Fleet Services provides retirement of surplus property(equipment/vehicles). The equipment and vehicles are auctioned in accordance with City Code 2.86 Subd. 3. Disposal of excess property. Background Information The City of Eden Prairie has a contract agreement with Hennepin County Cooperative Purchasing for auction of equipment&vehicles. Minneapolis Auto Auction has the current contract($150 per vehicle) for vehicle auctions that meets our code requirements. Fred W. Radde & Sons has the Hennepin County contract for equipment auctions and is in compliance with City code. Attachments • 2010 Vehicle/Equipment Auction List TO: Gene Dietz FROM: Cliff Cracauer DATE: January 21, 2010 SUBJECT: 2010 Auction Vehicles As per our previous conversation, I am requesting authority to dispose of vehicles and equipment on the attached list. All excess property listed to be sold at Public auction held at and run by Minneapolis Auto Auction. The City will pay a set fee of$150/vehicle. Unit Year Unit Serial Number Vehicle Make Vehicle Model 165 _ 1994 1FDYK82EORVA47075 Ford L8000 206 2007 2B3KA43H77H736696 Dodge Charger 207 2007 2FAHP71W77X133978 Ford Crown Victoria 248 2004 2FAHP71W94X171515 Ford Crown Victoria 259 2005 2FAHP71W95X157177 Ford Crown Victoria 264 2005 1FTRX14W45FA98588 Ford F150 260 2003 1GTDM19X53B510428 GMC Safari 265 2003 1GCEK19T53Z279898 Chevrolet CK15753 277 2002 2G1WF52E629290633 Chevrolet Impala 279 2007 1D8HB38P17F580111 Dodge Durango 287 2001 1G1ND52J31M616453 Chevrolet Malibu 293 2007 1D8HB38P67F568553 Dodge Durango 351 2003 1D4HS38NX3F534657 Dodge Durango 459 1996 1B6MF36W1TS708638 Dodge 3500 762 2001 2FAFP71W41X163485 Ford Crown Victoria 741 1998 1GCHK34J5WZ239176 Chevrolet 418 2000 514442047 Melroe Bobcat 863H CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 16, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Cliff Cracauer 2010 Equipment Replacement Fund Public Works/Fleet Services Schedule Requested Action Move to: Approve purchase of replacement vehicles and equipment as listed in the 2010 Budget General Fund Expenditures and Debt Service. Synopsis The Equipment Replacement Fund was developed by Fleet Services to provide a 15-year projection of equipment needs and replacement schedule. Actual spending requests are created from the Equipment Replacement Fund and submitted for approval. Attachment • 2010 Replacement Vehicle/Equipment Purchase List TO: Gene Dietz FROM: Cliff Cracauer DATE: January 21, 2010 SUBJECT: 2010 Replacement Vehicle Purchases—Fleet Capital Internal Service Fund Here is the list of replacement vehicles and equipment for the year 2010. These costs include vehicle set-up, special equipment and lighting: Streets 165 Heavy truck $ 180,000.00 198 Trailer $ 8,500.00 Subtotal $ 188,500.00 Police Department 206 Automobile $ 28,750.00 207 Automobile $ 30,000.00 248 Automobile $ 28,500.00 259 Automobile $ 27,750.00 264 Light truck $ 32,000.00 278 Automobile $ 20,000.00 279 Crossover $ 25,000.00 293 Crossover $ 28,000.00 295 Automobile $ 22,300.00 Subtotal $ 242,300.00 Fire Department 351 S.U.V. $ 30,000.00 353 Escape S.U.V. $ 22,000.00 358 S.U.V. $ 30,000.00 Subtotal $ 82,000.00 Park and Recreation Park Maintenance 418 Skidsteer $ 40,000.00 459 Medium truck $ 52,000.00 Subtotal $ 92,000.00 General Gov't 920 Van $ 26,500.00 Subtotal $ 26,500.00 Total all purchases $ 631,300.00 Less salvage value _$ 96,258.00 Total Equipment Fund $ 535,042.00 TO: Gene Dietz FROM: Cliff Cracauer DATE: January 21, 2010 SUBJECT: 2010 Replacement Vehicle Purchases—Utilities Enterprise Fund(Water, Sewer, Storm) Here is the list of replacement vehicles and equipment for the year 2010: Service Area I=L Replacement Total Cost Water/Utility 707 Light truck $ 39,000.00 748 Equipment $ 10,000.00 710 Backhoe $ 130,000.00 Salvage ($30,000.00) Total $ 149,000.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda February 16, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. # 02-5585 ITEM NO.: VIII.G. Leslie Stovring Approve Proposal for Completing the Public Works/Environmental Design for a Stilling Basin and erosion gully south of Riverview Road Requested Action Move to: Approve the proposal from Hansen Thorp Pellinen Olson, Inc. for completing the design and construction documentation for repair of a stilling basin and erosion gully at a cost of $12,500 Synopsis The City of Eden Prairie received notice from the Minnesota Pollution Control Agency (MPCA) regarding structural failures at two stormwater treatment facilities along Riverview Road. This included a stilling basin constructed in 2001 (Water Body 36-42-C). The preliminary design for repair of the stilling basin and a downstream erosion gully was submitted to and approved by the MPCA in 2009. At the request of an adjacent property owner, the design was recently reviewed by a consultant of our choosing and then subsequently by the Watershed District Engineer. Comments and recommendations received from these consultants have resulted in design revisions. The cost of$12,500 together with the original contract amount of$15,000 brings the total cost for professional services for the repairs at this location to $27,500. The costs will be paid out of the stormwater utility fund. Background Information The City Council signed a Schedule of Compliance (SOC) with the MPCA on January 19, 2010. The SOC requires that plans to repair the stilling basin, including safe conveyance of the discharges to Purgatory Creek, be provided within 60 days of signature. Preliminary plans were submitted to the MPCA in August 2009. However, since that time an adjoining landowner requested that the Lower Minnesota River Watershed District review the plans and provide recommendations if needed. The District authorized their District Engineer, Bonestroo & Associates, to review the plans. Prior to the District authorization, which was originally withheld, the City retained Wenck Associates to provide an independent review of the plans. Based on the comments received, revisions to the design were recommended to extend storm sewer from the current outlet location all the way to the creek and provide additional stabilization of the erosion gully due to the amount of groundwater seepage and stormwater drainage that moves through this system. Construction documents will also be prepared as part of this revised fee schedule. The current proposal includes the following additional scope of work: • Additional surveying of the site topography and creek corridor • Location of significant trees within the construction corridor • Preparation of construction documents • Bid administration, construction staking and preparation of record drawings The revised proposal includes $2,000 for additional work required due to the revision of the design. The remaining costs ($10,500) are for preparation of the construction documents and administration of the bidding bringing the total consultant costs for the project to $27,500. The revised plans will need to be re-submitted to the MPCA for final approval. If no additional changes to the plans are requested, it is anticipated that construction will begin this spring. Attachment: • Letter Proposal for Requested Fee Revision from HTPO Z � I I Engineering Surveying "a74) iw) Landscape Architecture February 5,2010 Ms. Leslie Stovring City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: MPCA Storm Pond Repairs at Stilling Basin 36-42-C Dear Leslie, The following estimate for changes to the scope of work identified in our Standard Agreement for Professional Services is provided for your consideration. Estimate Change in Scope of Service +52,000.00 Topography. Includes additional surveying time to shoot ice elevation of creek, verify ground elevations for accurate structure builds,and locate significant trees within the construction corridor. +$6,000.00 Construction Documents. Includes preparation of plan/profile drawing for storm sewer extension to the creek, specification,bid form,and engineer's estimate. +54,000.00 Bid Administration, Construction Staking, and Record Drawing. Includes sending new drawings out for quotes,shop drawing review,one day for construction staking of storm sewer structures, and shooting as- built location of structures. 7510 Market Place Drive Eden Prairie MN 55344 +5 500.00 Additional Reimbursables, 952-829-0700 952-829-7806 tax www.htpo corn $12,500.00 NET CHANGE HANSEN THORP PELLINEN OLSON, INC. Stovring/Johnson February 5,2010 Page 2 In accordance with the Standard Agreement for Professional Services,we respectfully request approval for this change in the scope of work. Sincerely, Hansen Thorp Pellinen Olson, Inc. la J Laurie A.Johnson, P.E. Principal Approved: City of Eden Prairie By: Title: Date: CITY COUNCIL AGENDA I DATE: SECTION: Consent Agenda February 16, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC# 09-5755 ITEM NO.: VIII.H. Leslie Stovring Eden Lake/Neill Lake Stormwater Public Works/Environmental System Analysis Project Requested Action Move to: Approve a proposal from SRF Consulting for additional work to complete the Eden Lake /Neill Lake stormwater system design alternatives study at a cost of$15,644. Synopsis Neill Lake is the downstream receiving water from Eden Lake. In 1974 the storm drain system, which includes an earthen berm along the southern edge of the open water portion of Neill Lake, was constructed by the Riley-Purgatory-Bluff Creek Watershed District. During the 1987 superstorm and approximately 2 years ago, Eden Lake has come to flood stage and staff have worked with property owners to sandbag several homes. The stormwater system analysis is underway, but between the upper end of the watershed (Eden Prairie Mall) and Purgatory Creek we have discovered that the project is more complex than anticipated and additional analysis of the mall, Eden Lake and Neill Lake are required. The increased fees of$15,644 bring the total cost of the project to $44,015.45. The costs will be paid out of the stormwater utility fund. Background Information In 1974 a storm drainage system was constructed by the Riley-Purgatory-Bluff Creek Watershed District that connects Eden Lake with Neill Lake marsh. The drainage system consists of both storm sewer piping and open channels that lead from Flying Cloud Drive to Purgatory Creek. An earthen berm was constructed within Neill Lake marsh which resulted in a ponding area that is known as Neill Lake. Loss of the berm could result in flooding of areas surrounding the lake. The berm is approximately 1,000 feet long and separates the open water from a deep water marsh. The berm has subsided and animal damage and tree growth have weakened the berm. The City does plan to improve the stormwater system between Eden Lake and Neill Lake and the strength of the berm to withstand new inflows are a concern. Additional analysis of the stormwater system was required to provide a full picture of this complex stormwater system. The scope of work includes: • Refinement of the drainage model using real-time data to calibrate the model. This included the August/September 2005 rainfall events, including analysis of hourly rainfall data from Flying Cloud Airport and survey data provided by the City. • Translation of the data into XPSWMM model format and running the model. • Analysis of additional scenarios for routing stormwater, including looking at up-stream storage alternatives, such as at the Eden Prairie Mall or within the Upper Eden Lake watershed. This option required evaluation of surface storage areas along Prairie Center Drive, revaluation and refining of drainage areas and addition of existing storm sewer along Prairie Center Drive into the model. • Research on conveyance of Eden Lake discharge south along Homeward Hills Road to the creek. • Refine and add detail to the Eden Lake 36-inch and 48-inch storm sewer underneath Neill Lake. The total proposed cost is $15,644. Attachments • SRF Proposal P.11 C ONSULTING GROUP , INC . MINNEAPOLIS FARGO ENGINEERS I PLANNERS I DESIGNERS MADISON SRF No. 0076205 February 10, 2010 Leslie Stovring Environmental Coordinator CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie, Minnesota 55344 SUBJECT: NEILL LAKE HYDRAULIC AND HYDROLOGIC ANALYSIS PROJECT ADDITIONAL TASKS COST DETAILS Dear Leslie: As of today, Neill Lake and Eden Lake hydraulic and hydrologic (H&H) modeling and data collection has been substantially completed. A draft report of the modeling effort will be submitted on or before February 26. During the course of this project, SRF embarked upon several tasks that were agreed upon together with you. These tasks were over and above our initial scope of services and fee. Below is a summary of the tasks and costs associated with them. Neill Lake H&H Modeling Summary of Additional Tasks 1. Model Calibration $ 6,200 2. Additional Scenario Analysis $ 5,300 3. Additional Meetings With City Staff $ 800 4. Field Survey of Neill Lake Bottom $ 1,344 5. Draft report update to include additional H&H modeling and survey $ 2,000 Total $15,644 A detailed account of the additional tasks can be found below. 1. Model Calibration a. Model refinement in preparation for calibration. $2,200 This involved drainage area analysis and in some cases fine tuning and/or subdividing drainage areas to better represent physical realities that can then be modified as necessary during calibration. This effort also involved adding existing storm sewer into the model along Prairie Center Drive and Flying Cloud Drive. www.srfconsulting.com One Carlson Parkway North,Suite 150 I Minneapolis, MN 554474443 1763.475.0010 Fax:763.475.2429 An Equal Opportunity Employer Leslie Stovring - 2 - February 10, 2009 b. Model calibration with August/September 2005 rainfall events $4,000 This involved obtaining hourly rainfall data from the City and from Flying Cloud Airport, translating the data into XPSWMM format, entering the data, running the model, and modifying model parameters as necessary to obtain results consistent with survey data (high water elevations of Eden Lake). 2. Additional Scenario Analysis a. Eden Prairie Mall Storage Option $2,500 This option required rough grading of several large surface storage areas along Prairie Center Drive, revaluation and refining of drainage areas in the vicinity, a rough design of a conveyance system to direct stored runoff to existing storm sewer, and addition of existing storm sewer near the north end Prairie Center Drive into the model. The model was then run with several Eden Lake outlet scenarios. b. Eden Lake Discharge Option $ 400 This option involved research and analysis of a conveyance system from Eden Lake directly south along Homeward Hills Road to Purgatory Creek. c. Eden Lake Outlet Details $2,400 This task involved refining and adding detail to the Eden Lake 36-inch and 48-inch storm sewer option underneath Neill Lake in support of the Eden Prairie Mall storage option and to explore alternative connections points along the existing storm sewer line. 3. Additional Meetings with City Staff $ 800 Two meetings were held to provide in progress feedback to City staff of the additional options described above. 4. Field Survey of Neill Lake bottom $1,344 This task involved one day of survey crew time to obtain field survey of the bottom of Neill Lake. Four cross sections were surveyed approximately equidistant from each other. 5. Draft Report Update $2,000 This task involves updating the draft report with the results and analysis from additional modeling scenarios and the field survey. Leslie Stovring - 3 - February 10, 2009 • SRF requests a total compensation for the above-described work for a fee not to exceed $15,644. 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. All terms and conditions set forth in the Contract "Neill Lake Geotechnical and Hydrologic Study," dated 16 June 2009, will remain in effect. Sincerely, APPROVED: SRF CONSULTING GROUP,INC. City Administrator (signature) Ca C. ceri rv-` Name Walter C. Eshenaur, P.E. Senior Associate Title • Date David W. Filipiak, P.E. Principal APPROVED: WCE/DWF/SMF Mayor (signature) Name • Title Date H:1Projects168771WR\DOC1Arnendment ti t request letter.docx CITY COUNCIL AGENDA DATE: SECTION: Public Hearing February 16, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 1 0-0 1 ITEM NO.: IX.A. Denise Christensen Vacation of All of the Drainage and Utility Easements lying over,under and Public Works/Engineering across Lot 1, Block 1, Menard 7th Addition Requested Action Move to: Close the public hearing; and Adopt the resolution vacating all of the Drainage and Utility Easements lying over, under and across Lot 1, Block 1, Menard 7th Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Synopsis The Property Owners have requested the vacation of all the Drainage and Utility easements to facilitate the plat of Menards 8th Addition for the Menard's building reconstruction. Background Information The Drainage and Utility Easements were originally dedicated with the plat of Menard 7th Addition. New Drainage and Utility easements will be dedicated with the plat of Menards 8th Addition. The release of the resolution vacating the drainage and utility easements shall be conditioned on the recording of the plat of Menards 8th Addition. Attachments • Resolution • Location Map • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- VACATION OF ALL THE DRAINAGE AND UTILTY EASEMENTS OVER LOT 1, BLOCK 1,MENARD 7TH ADDITION VACATION 10-01 WHEREAS, the City of Eden Prairie has (a) certain Drainage and Utility Easements described as follows: All of the Drainage and Utility Easements lying over, under and across Lot 1, Block 1, Menard 7th Addition, according to the recorded plat thereof, Hennepin County, Minnesota. WHEREAS, a Public Hearing was held on February 16, 2010, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described Drainage and Utility Easements has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Drainage and Utility Easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Drainage and Utility Easements described as: All of the Drainage and Utility Easements lying over, under and across Lot 1, Block 1, Menard 7th Addition, according to the recorded plat thereof, Hennepin County, Minnesota. are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. 3. This Resolution is contingent upon and shall not be effective until the plat of Menards 8th Addition has been recorded with the County Recorder/Registrar of Titles as applicable. The City Clerk shall not present the Notice of Completion of Proceedings to the County Auditor or file it with the County Recorder/Registrar of Titles until the plat of Menards 8th Addition is recorded. ADOPTED by the Eden Prairie City Council on February 16, 2010. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk ...........-.-.7...'.•": • • • • . � / GERq B RO op c4 BF DR d �� -4 � �VE CT. o y ROBERTS TO a �. �� p11Fw o Q Ro. 494 ct 0y 3 TR. • O r o CIV/NA LA �oQ = a am -1 pR 9�'k O N SCOT 4)ct O m �0* v�f v Q lq 44`'<v W � ILA o VIEW CT. z 0 21 SITE R. ______ �P� PLAZA ANA- OR �� • 5 2 TECHNOLOGY DR. In ' 4 10 11 :Lake. : :: �� q�'AiF 1514 dl.e �. .. LEON) T116N R22W O cFtiT o 0-r: 2 O�ETREE o c," S\N <A, E\\ Rr..._ 0- .°J/,� tVAC 1 0-0 1 NORTH LOCATION MAP VACATION 10-01 NOTICE OF VACATION OF ALL OF THE DRAINAGE AND UTILITY EASEMENTS OVER, UNDER AND ACROSS LOT 1, BLOCK 1,MENARD 7TH ADDITION Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on February 16, 2010 at 7:00 p.m. to hear all persons present upon the proposed vacation of all the Drainage and Utility Easements described as follows: All of the Drainage and Utility Easements lying over, under and across Lot 1, Block 1, Menard 7th Addition, according to the recorded plat thereof, Hennepin County, Minnesota. By Order of the City Council Published in the Eden Prairie News on January 28, 2010 NOTIFICATION LIST VACATION REQUEST 10-01 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 11-116-22-32-0014 11-116-22-32-0015 11-116-22-33-0005 11-116-22-33-0012 11-116-22-33-0015 11-116-22-33-0016 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Comcast Qwest Communications Xcel Energy A copy of the Public Hearing Notice has been sent to the following Consultant: Advance Engineering Concepts CITY COUNCIL AGENDA DATE: SECTION: Public Hearing February 16, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.• IX.B. Community Development Allocation of 2009 Community Development Director Janet Jeremiah Block Grant funds to the Prop Shop for acquisition Molly Koivumaki, Housing & of a site for their operations. Community Services Manager Requested Action Move to: • Close the public hearing; and • Approve the allocation of $100,000 in Community Development Block Grant funds for acquisition of a facility, to the Prop Shop, to be used as their base of operations. Background The Prop Shop is a social entrepreneurship based organization whose mission is to provide basic support for families in need through volunteers, community and other organizations. The Prop Shop's programs assist low income families in Eden Prairie and Chanhassen. In 2006, a Board of Directors, including a volunteer Executive Director, formed the Prop Shop (a separate organization from PROP). The Prop Shop's priority is helping families meet basic household needs. They provide free clothing, household goods and furniture to families referred by local social service organizations, schools and churches. They maintain a client room, filled through community donations, which families can use once a month to receive needed items from dishes and towels to clothing, books and blankets. Since opening in April of 2007, they have provided over 7,000 bags of clothing and household goods to more than 650 families. Donations to the Prop Shop also stock the resale store which raises funds for its operations and serves as a fundraising mechanism for local social services organizations. The Prop Shop has given $25,000 to PROP and Meals on Wheels. The success of the retail store surpassed expectations, whereas the initial budget projected making a profit in three years, the store actually met its expenses within the first month. Annual profits have continued to increase each year and the Prop Shop maintains a cash reserve for six months of operating expenses. The building which the Prop Shop has been renting since 2007 became available for purchase in late 2009. This site has been a perfect fit for the Prop Shop as it is centrally located in Eden Prairie, with easy access to Highway 212 and in the same neighborhood as PROP. The sale price is $550,000 (also appraised at $550,000). The Prop Shop has been approved for a $350,000 mortgage through Flagship Bank. The Prop Shop will make a$200,000 down payment, with $100,000 coming from their cash reserves and $100,000 from the CDBG grant. The CDBG funds to be used are generated from 2009 program income, and the expenditure will not take funds from any other program and will assist in the city's obligation to expend program income in a timely manner. Attachments City of Eden Prairie Grant Agreement CITY OF EDEN PRAIRIE GRANT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2010, by and between THE PROP SHOP OF EDEN PRAIRIE, a Minnesota non-profit corporation (hereinafter referred to as "Subrecipient"), 15195 Martin Dr. Eden Prairie, MN 55346 and the City of Eden Prairie, a municipal corporation of the State of Minnesota (hereinafter referred to as the "City"), 8080 Mitchell Road, Eden Prairie, Minnesota 55344. WHEREAS, Subrecipient is a non-profit corporation that sells donated in-kind contributions to the general public, provides clothing and household items free of charge to families in financial need, and donates excess funds to other exempt organizations that assist low-income households or households suffering temporary financial hardship; and WHEREAS, Subrecipient currently operates out of 15195 Martin Dr., Eden Prairie, MN 55346; and WHEREAS, City desires to provide Subrecipient with grant funds to be used to acquire the real estate from which Subrecipient currently operates (the "Property"); and WHEREAS, in accordance with the provisions of applicable Federal and Minnesota law, Subrecipient and the City desire to set forth herein the conditions of the grant to Subrecipient. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Subrecipient, the parties hereto do hereby agree as follows: 1. ACQUISITION OF PROPERTY. 1.1. The City agrees to provide the Subrecipient with Community Development Block Grant ("CDBG") funds (the "Grant Funds") not to exceed $100,000.00. The Grant Funds shall be used solely to pay the costs associated with acquiring the Property. 1.2. Subrecipient shall spend the Grant Funds in accordance with this Agreement no later than . In the event that Subrecipient does not spend the Grant Funds by , this Agreement shall terminate. 1.3. Prior to disbursement of the Grant Funds, Subrecipient shall provide all information the City may require. Said information will include, but not necessarily be limited to: 1) the address of the Property; 2) the legal description of the Property; 3) an appraisal of the Property, acceptable to the City, showing that the Property's value is equal to or greater than the purchase price of the Property; and 4) a title commitment, issued by a title insurer acceptable to the City, showing the quality of title that Subrecipient will acquire. 1.4. City shall pay the Grant Funds at the time of the closing on the sale of the Property. City shall pay the Grant Funds directly to the seller of the Property ("Seller") or to the entity designated by Seller. 1.5. Subrecipient shall hold title to the Property and the acquisition of the Property shall be in Subrecipient's name. 1.6. Subrecipient shall record this Agreement against the Property contemporaneously with the closing. In the event that Subrecipient fails to record this Agreement as required, Subrecipient hereby consents to the recording of this Agreement by City. 1.7. It is understood that the City is held accountable to the Department of Housing and Urban Development ("HUD") for the expenditure of the Grant Funds under this Agreement. The City shall make no payment of Grant Funds prior to Subrecipient providing acceptable documentation for the expenses incurred and until the City, in its sole discretion, is satisfied that Subrecipient has met or is capable of meeting all requirements set forth in this Agreement. 2. USE OF THE PROPERTY. Subrecipient shall use the Property to sell donated in-kind contributions to the general public, provide clothing and household items free of charge to families in financial need, and donate excess funds to other exempt organizations that assist low-income households or households suffering temporary financial hardship. Subrecipient shall not make any changes in the scope or character of its use of the Property without the City's prior written consent. 3. COVENANTS. Subrecipient covenants with the City that: 3.1. Subrecipient has made no material misstatement of fact in connection with Subrecipient's application for the Grant. 2 3.2. Subrecipient shall not sell, transfer or otherwise convey the Property, whether by deed, contract for deed, or otherwise, and whether voluntary or involuntary, except to the City or a transferee approved by the City. 3.3. Subrecipient shall at all times maintain the Property to a level reasonably acceptable to the City. 3.4. Subrecipient shall keep the Property free from liens not specifically consented to in writing by the City. 3.5. Subrecipient shall comply with all other of its obligations set forth in this Agreement. 4. TERM. 4.1. This Agreement shall commence as of the date written above and, unless terminated earlier by either party, shall remain in force for a period of thirty (30) years after Subrecipient's acquisition of the Property. 4.2. Subrecipient may terminate this Agreement for any reason upon thirty (30) days written notice to City. 4.3. City may terminate this Agreement immediately upon Subrecipient's default. 5. DEFAULT BY SUBRECIPIENT. Any one of the following shall constitute an event of default by Subrecipient: 5.1. Subrecipient ceases to exist. 5.2. Subrecipient's sale, transfer or other conveyance of the Property, unless consented to by the City in writing. 5.3. Subrecipient's failure to cure a breach of any covenant, term or condition contained in this Agreement within sixty (60) days after written notice to Subrecipient; provided, however, that said sixty(60) day period shall be extended for a reasonable time if the breach is not capable of being cured within said period and Subrecipient is diligently working toward curing the breach. 5.4. The adjudication of Subrecipient as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Subrecipient under the federal bankruptcy laws or any other applicable law or statute of the United States of American or any State thereof; or the appointment by such a court of a trustee or receiver or receivers of Subrecipient or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor's suit. 5.5. The filing by Subrecipient of a petition in voluntary bankruptcy or the making by it 3 of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Subrecipient; or the filing by Subrecipient of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Subrecipient of a petition to take advantage of any debtor's act. 6. PROCESS UPON TERMINATION. 6.1. In the event of termination of this Agreement, Subrecipient shall pay the City the greater of: 1) the Grant Funds; or 2) the fair market value of the Property less any portion of the value attributable to expenditures of non-grant funds for improvements to the Property. The Property's fair market value and the portion of the value attributable to expenditures of non-grant funds for improvements to the Property shall be determined by a qualified independent appraiser appointed by the City. 6.2. The payment to the City shall occur on the earliest of 1) the date of closing of Subrecipient's sale, transfer or other conveyance of the Property; or 2) within thirty (30) days after the date this Agreement is terminated. Payment shall be made at the office of the City, or at such other place as the City may designate in writing. 6.3. If after thirty(30)years from the date of acquisition of the Property neither Party has terminated this Agreement and Subrecipient is not in default, Subrecipient's obligations under this Agreement shall cease and Subrecipient shall retain the Property free and clear of all restrictions placed on it by this Agreement. 7. LIEN. As security for the Subrecipient's covenants and obligation for repayment as herein provided, and subject to the terms and conditions of this Agreement, Subrecipient hereby grants, and the City shall and hereby does have, a lien(the"Lien") on the Property, together with all hereditament and appurtenances thereto, in the full amount necessary to satisfy Subrecipient's payment obligations set forth in Paragraph 6 and the cost, including reasonable attorney fees of collecting the same. The Lien shall automatically expire thirty (30)years from the date of Subrecipient's acquisition of the Property. 8. CITY'S REMEDIES. In the event Subrecipient fails to pay the City as required in Paragraph 6 of this Agreement, Subrecipient hereby authorizes and empowers the City to foreclose the Lien by judicial proceedings or to sell the Property at public auction and convey the same to the purchaser in fee simple in accordance with the statute, and out of the moneys arising from such sale to retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney fee permitted by law, which costs, charges and fees the Subrecipient herein agrees to pay. 9. ADDITIONAL TERMS. The Subrecipient and the City further covenant and agree as follows: 9.1. Prior to exercising its right of foreclosure set forth in Paragraph 8, the City shall 4 mail notice to Subrecipient as provided herein specifying: 9.1.1. the nature of the default by the Subrecipient, 9.1.2. the action required to cure such default, 9.1.3. a date, if such default is capable of being cured by Subrecipient,not less than sixty (60) days from the date the notice is mailed to Subrecipient by which such default, if capable of being cured,must be cured; and 9.1.4. that failure to cure such default on or before the date specified in the notice may result in acceleration of the sum secured by this Agreement and sale of the Property. 9.2. The notice shall further inform Subrecipient of the right, if any, to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of the Subrecipient to acceleration and sale. 10. NOTICES. Any notice required to be given under this Agreement shall be made by mailing such notice by certified mail addressed to the party at the address set forth below, or at such other address as the parties may designate by notice in writing from time to time. Any notice provided for in this Agreement shall be deemed to have been given to the Subrecipient or the City when given in the manner designated herein. If to City: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Attn: City Manager With a copy to: Siira B. Gunderson Eden Prairie City Attorney 650 Third Ave. So., Suite 1600 Minneapolis, MN 55402-4337 If to Subrecipient: Cindy Eddy Executive Director The Prop Shop of Eden Prairie 15195 Martin Drive Eden Prairie,MN 55346 11. INDEMNITY AND INSURANCE 11.1. The Subrecipient does hereby agree to defend, indemnify, and hold harmless the City, its elected officials, officers, agents, volunteers and employees from and against all costs, expenses, claims, suits, or judgments arising from or growing out of any injuries, loss or damage sustained by any person or corporation, including 5 employees of Subrecipient and property of Subrecipient, which are caused by or sustained in connection with the intentional or negligent acts or omissions of the Subrecipient related to this Agreement, except to the extent that the liability is caused by the negligence of the City, its elected officials, officers, agents volunteers or employees. 11.2. In order to protect City and Subrecipient from liability and to effectuate the indemnification provisions hereinabove, the Subrecipient will carry insurance in at least the value of the Property, and a single limit or combined limit or excess umbrella commercial general liability policy in an amount at least equal to claim limits specified in Minnesota Statutes Section 466.04, as amended from time to time. Certificates evidencing the required insurance will be furnished to City upon execution of this Agreement. The policy of insurance shall contain the following clause: "It is agreed that this policy shall not be canceled nor the coverage reduced until thirty (30) days after the City of Eden Prairie shall have received written notice of such cancellation or reduction by certified mail." 11.3. This section is not intended by the parties hereto as a waiver of the liability limits specified in Minnesota Statutes Section 466.04, as amended. 12. DATA PRIVACY. In carrying out its duties under this Agreement, Subrecipient shall abide by the applicable provisions of the Minnesota Government Data Practices Act and any other applicable state and federal laws, rules, and regulations relating to data privacy or confidentiality, and as any of the same may be amended. 13. AMENDMENTS TO AGREEMENT. Any material alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when reduced to writing as an Amendment to this Agreement signed, approved and properly executed by the authorized representatives of the parties. 14. ADMINISTRATIVE REQUIREMENTS. Subrecipient shall comply with the applicable provisions of 24 CFR 570.502. 15. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY 15.1. During the performance of this Agreement, the Subrecipient agrees to the following: In accordance with the Minnesota Human Rights Act, no person shall be excluded from full employment rights or participation in, or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin; and no person who is protected by applicable federal or state laws against discrimination shall be otherwise subjected to discrimination. 15.2. The Subrecipient will furnish all information and reports required to comply with the provisions of 24 CFR Part 570 and all applicable state and federal laws, rules, and regulations pertaining to discrimination and equal opportunity. 6 16. NON-DISCRIMINATION BASED ON DISABILITY 16.1. During the performance of this Agreement, Subrecipient shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, to ensure that no otherwise qualified individual with a handicap, as defined in Section 504, shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination by the Subrecipient receiving assistance from the City under Section 106 and/or Section 108 of the Housing and Community Development Act of 1974, as amended. 16.2. During the performance of this Agreement, when and where applicable, the Subrecipient shall comply with, and make best efforts to have its third party providers comply with, Public Law 101-336 Americans With Disabilities Act of 1990, Title I "Employment," Title II "Public Services" — Subtitle A, and Title III "Public Accommodations and services Operated By Private Entities" and all ensuing federal regulations implementing said Act. 17. LEAD-BASED PAINT. The Subrecipient shall comply with the Lead-Based Paint notification, inspection, testing and abatement procedures established in 24 CFR 570.608. 18. LOBBYING 18.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 18.2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement Subrecipient will complete and submit Standard Form-LLC, "Disclosure Form to Report Lobbying," in accordance with its instructions. 19. ACCESS TO RECORDS, AUDIT. The City shall have authority to review any and all procedures and all materials, notices, documents, etc., prepared by the Subrecipient in implementation of this Agreement, and the Subrecipient agrees to provide all information required by any person authorized by the City to request such information from the Subrecipient for the purpose of reviewing the same. The books, records, documents, and accounting procedures and practices of the Subrecipient or other parties relevant to this 7 agreement are subject to examination by the City and either Legislative Auditor or the State Auditor during and for a period of six years after the termination date of this Agreement. 20. CONFLICTS. No salaried officer or employee of the City and no member of the City Council shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. Any federal regulations and applicable state statutes shall not be violated. 21. LIMITATION OF REMEDIES. In the event of a breach of the Agreement neither the Subrecipient or the City shall be entitled to recover punitive damages or damages for loss of business. 22. AGREEMENT TO RUN WITH THE LAND. This Agreement shall run with the Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of the Subrecipient shall be joint and several. 23. SEVERABILITY. In the event that any provision or clause of this Agreement shall conflict with applicable law, such conflict shall not affect the other provisions of this Agreement which can be given effect without the conflicting provisions, and to this end the provisions of the Agreement are declared to be severable. THE PROP SHOP OF EDEN PRAIRIE CITY OF EDEN PRAIRIE Its: Its Mayor Its City Manager STATE OF MINNESOTA ) ) :SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010, by Phil Young and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 8 STATE OF MINNESOTA ) ) :SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010, by , the of a Minnesota non-profit corporation, on behalf of said corporation. Notary Public This instrument was drafted by: Gregerson, Rosow,Johnson&Nilan, LTD 650 Third Avenue South Suite 1600 Minneapolis, MN 55402-4337 (612) 338-0755 9 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings February 16, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Community Development/Planning Smith/Douglas/More House Janet Jeremiah/Scott Kipp Conditional Use Permit Amendment Requested Action Move to: • Close the Public Hearing; and • Approve the Conditional Use Permit Amendment for the Smith Douglas More House Synopsis In June, 2002, the City Council approved a conditional use permit for the Smith Douglas More House. The current permit only permits the sale of coffee and office use. Ann Schuster currently leases the building and would like to have additional uses permitted by Conditional Use Permit. The uses have been reviewed by the Heritage Preservation Commission and are listed in the attached January 22, 2010 Planning Commission Staff Report. The Conditional Use Permit will expire February 16, 2015. A Heritage Preservation Site Alteration Permit is not required. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval at its January 25, 2010 meeting. Attachments 1. Conditional Use Permit 2002-01 2. Proposed Conditional Use Permit Amendment 3. Staff Report 4. Location Map 5. Land Use Map 6. Zoning Map 7. Aerial View Map 8. Planning Commission Minutes dated January 25, 2010 ( Conditional Use Permit 2002-01 Dunn Brothers Coffee 8107 Eden Prairie Road Eden Prairie, Minnesota 55344 June 18, 2002 In accordance with the provisions of the Zoning Ordinance of the City of Eden Prairie, a Conditional Use Permit is hereby granted to Dunn Brothers Coffee to operate a Dunn Brothers Coffee to be located at 8107 Eden Prairie Road. The location of said property being legally described as follows: That part of the Southeast 1/4 of the Northeast 1/4 of Section 17, Township 116, Range 22, described as follows: Commencing at the NW corner of said Quarter-Quarter; thence South along the West line of said Quarter-Quarter distance 316 feet to the actual point of beginning; thence East parallel with the North line of said Quarter-Quarter distant 357.0 feet; thence South with the West line of said Quarter-Quarter distant 242 feet; thence West parallel with the North line of said Quarter-Quarter distant 357.0 feet; thence North along the West line of said Quarter-Quarter distant 242.0 feet to the point of beginning, according to the Government Survey, except road. The City Council finds that the above described property is zoned Rural and allows historic reuse by Conditional--Use--Permit--and_by__discretion_of the City Council. The Council finds that the applicant meets the criteria of the ordinance and is entitled to the issuance of a Conditional Use Permit for the use located at the address indicated in the above described property, and subject to the following conditions: 1. Uses for this property shall be for a Dunn Brothers Coffee and associated office space. 2. Any changes to the use of the building from those established in these conditions shall require an amended Conditional Use Permit. 3. The property shall be developed in accordance with the approved plans dated June 14, 2002, reviewed and approved by the City Council on June 18, 2002. 4. The building shall meet all Building and Fire Codes, State and County health regulations. The buildingshall be connected to Citysewer and water. 5. 6. Any alterations of the building or property shall conform to the Historic Preservation Site Alteration Permit. 7. The use of the building and property shall conform to the Lease Agreement with the City of Eden Prairie. 8. All required parking shall be provided on the property. , IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DUNN BROT RS COFFEE CITY OF EDEN PRAIRIE By — . Chris Eilers,President/Chief Manager Lucy yr�... ,Mayor I H. al, i anager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this oe day of , 2002,by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor an the ty Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. II s KATHLEEPd A. PORTAd - itel-,A., . .. NOTARY PUBLIC-MINNESOTA i. sty Commission Expires Jan.31,MS Not Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this II 211--day of 3" \ , 2002,by Chris Eilers, the President/Chief Manager of Dunn Brothers Coffee, a Mimnesota corporation on behalf of the corporation. 1 , EVE RIME! . ;jq , NOTARY PUBUC— i\ c ?'ti tit MY COMMISSION E)�lRES Notary r h A---.......‘. Public `'` JAIVUARY 31,2Jn I Conditional Use Permit Amendment 2010-01 Pure Grace,LLC 8107 Eden Prairie Road Eden Prairie,Minnesota 55344 February 16, 2010 In accordance with the provisions of the Zoning Ordinance of the City of Eden Prairie, a Conditional Use Permit is hereby granted to Pure Grace, LLC to operate a Dunn Brothers Coffee to be located at 8107 Eden Prairie Road. The location of said property being legally described as follows: That part of the Southeast 1/4 of the Northeast 1/4 of Section 17, Township 116, Range 22, described as follows: Commencing at the NW corner of said Quarter-Quarter; thence South along the West line of said Quarter-Quarter distance 316 feet to the actual point of beginning; thence East parallel with the North line of said Quarter-Quarter distant 357.0 feet; thence South with the West line of said Quarter-Quarter distant 242 feet; thence West parallel with the North line of said Quarter-Quarter distant 357.0 feet; thence North along the West line of said Quarter-Quarter distant 242.0 feet to the point of beginning, according to the Government Survey, except road. The City Council finds that the above described property is zoned Rural and allows historic reuse by Conditional Use Permit and by discretion of the City Council. The Council finds that the applicant meets the criteria of the ordinance and is entitled to the issuance of a Conditional Use Permit for the use located at the address indicated in the above described property, and subject to the following conditions: 1. Uses for this property shall be: Permitted uses inside the building • Sale of coffee, sandwiches, and pastries • Sale of packaged cookies, food, candy, tickets and similar items by non-profit youth organizations. • Sale of wrist bands • Sale of art • Photographer • Sale of photos • Sale of antiques • Sale of books • Wedding receptions • Sale of signs • Sale of T-shirts • Birthday and anniversary parties • Sale of wine and beer • Live music • Sale of CD's • Sale of ice cream • Sale of clothing • Office space Permitted uses outside the building to be located within a 2,700 sq. ft. area as depicted in Exhibit A • Wedding receptions • Antique Fair Treasure Hunt • Farmer's Market—fruits, vegetables, flowers,bakery items, and Christmas trees 2. Any changes to the use of the building from those established in these conditions shall require an amended Conditional Use Permit. 3. The building shall meet all Building and Fire Codes, State and County health regulations. 4. Any alterations of the building or property shall conform to the City's preservation standards and may require a Heritage Preservation Site Alteration Permit. 5. The use of the building and property shall conform to the Lease Agreement with the City of Eden Prairie. 6. All required parking shall be provided on the property. 7. This permit is non transferable to another party. 8. This permit will expire February 16, 2015 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. PURE GRACE, LLC CITY OF EDEN PRAIRIE By Ann Schuster Phil Young, Mayor Scott H. Neal, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010, by Phil Young and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010,by Ann Schuster, the of Pure Grace, LLC, a Minnesota limited liability company on behalf of the company. Notary Public ..t. ''I'-'4.--.:"' .44,.. .At v elf .:•• ..i6 it , ,.,,,,;: , ' —5- _ . . ,.. , -iir-- 7 - low r -1-Ca . . . .. 4 ..._, Ili.._ i ) iitl.Fe ,s , • ! 16 ._ .... - . _. , , . -_ air .1,:i , to 0 , •",...,V* , i r. . 4; - • _ 10 . ., - , . ,.. .4. ,,,:f, • • -. -4. ,_ li. . ,, , e - • 4.- ' h. . • . .. .'• ,. - - - . . , ,L.,1 1 , 0 1 v ' 'Or - .." .',. - • ' ,:, ., . ., ....i.f volt - • . , - , r,_____,.. i, . . _ ., I cat I * ..N.., Aire'f m \ • • u +�, ' , „ . a , ;.;,, r= -0 _ _, tS4 ,- . it R,. ,,,. .. • . - - , .., , . .... 114.-,,r., . i a / �`111 ' , !r Outside Use AreaIllr j, .r. ' 2,700 Square Feetoil :1+11 hil. Nri-iiii4 T 1 . aF a ...Jr. , . _.-. ' ...1 0 I- ., - v et. . M 1 • I !� r. r �' tOg r ' ",%jig 44. 4 __ a lilt , iip. . . - . . ' 7'V '-• ' ! 1 P 11111 ., .. . I - -', •-....4, 4. -i If. IC':1411-4, if. , ,,,. ... ....- 44,. •1.. ...- s _ ‘,1,E: ... . f _ . . . — lib .� ' a Smith-Douglas More House N 8107 Eden Prairie Road Exhibit A CUP Amendment 2010-01 0 15 30 60 Feet STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner THROUGH: Michael D. Franzen, City Planner DATE: January 22, 2010 SUBJECT: Smith Douglas More House Conditional Use Permit Amendment APPLICANT: Ann Schuster and City of Eden Prairie OWNER: City of Eden Prairie LOCATION: 8107 Eden Prairie Road REQUEST: 1. Conditional Use Permit Amendment BACKGROUND In June,2002,the City Council approved a City Code Amendment to allow adaptive reuse of historic designated property in the rural zoning district for office and commercial uses by Conditional Use Permit. See attached approved permit. CONDITIONAL USE PERMIT AMENDMENT REQUEST The current permit only permits the sale of coffee and office use.Ann Schuster currently leases the building and would like to add the following to the list of uses permitted by conditional use permit. Permitted uses inside the building • Sale of coffee, sandwiches, and pastries • Sale of packaged food, candy, tickets by non-profit youth associations. • Sale of wrist bands • Sale of art • Photographer • Sale of photos • Sale of antiques • Sale of books • Wedding receptions Staff Report— Smith Douglas More Conditional Use Permit Amendment January 22, 2010 • Sale of signs • Sale of T-shirts • Birthday and anniversary parties • Sale of wine and beer • Live music • Sale of CD's • Sale of ice cream • Sale of clothing • Office space Permitted uses outside the building to be located within a 2,700 sq. ft. area as depicted in Exhibit A • Wedding receptions • Antique Fair Treasure Hunt • Farmer's Market—fruits, vegetables, flowers, bakery items, and Christmas trees DISPLAY OF USES OUTSIDE The attached Outside Use Area map shows an area designated for outdoor uses. A defined area is needed for the following reasons. • To display products in an organized and orderly manner. • To provide some distance to the residential properties to the north. • To keep parking in the designated areas and not along the entry drive. • So that the outside uses are clearly incidental to the use of the site for heritage preservation. LEASE AGREEMENT The City currently has a lease with Ann Schuster for use of the building for a coffee shop and office. This lease will have to be amended and approved by the City Council. STAFF RECOMMENDATION Staff recommends approval of the Conditional Use Permit Amendment for the uses identified in the staff report dated January 22, 2010 and the following conditions. 1. Any changes to the use of the building from those established in these conditions shall require an amended Conditional Use Permit. 2. The building shall meet all Building and Fire Codes, State and County health regulations. 2 Staff Report— Smith Douglas More Conditional Use Permit Amendment January 22, 2010 3. Any alterations of the building or property shall conform to the City's preservation standards and may require a Heritage Preservation Site Alteration Permit. 4. The use of the building and property shall conform to the Lease Agreement with the City of Eden Prairie. 5. Outside uses shall be confined to the Outside Use Area as shown on the Exhibit A. 6. All required parking shall be provided on the property. 7. The permit in non-transferable to another party. 8. The permit will expire , 2015 3 Area Location Map - Smith Douglas More House Conditional Use Permit Amendment Address: 8107 Eden Prairie Road, Eden Prairie, MN � C Lincoln Lane Timber Lake Drive k 11 Ao 8107 Eden Prairie Raod 0 SITE IPP e Nu Highway#212 Eden Prairie Road 1 co3]:0 \ib LIED03:13 Guide Plan Map Smith Douglas More House Conditional Use Amendment 8107 Eden Prairie Road, Eden Prairie, MN ... . , g ---=== ..... . iiialw OK lIII , ilk -------- g Aki ,• � Timber Lakes Drive ab. 1 V *A ■ I % / * 4 A g.. ara ,-* (014 , --- \ cfo, _,,,,e _ ini 8107 Eden Prairie Road FV‘ e 0 DE\>>>.- le, Ell ,Ccco 0 & NN OA 1, ' % 0 ON , Ili*\% 0 ® Highway#212 iIliki,�Ill. WIN nn ulm'LN7,1 - ---1 -A Eden Prairie Road ,, / �2, - I 4 . /// IM Siti MIR I \ / I \ • 4cl tar SI _____—.-.0•rmwr air . A ____ wcr►��•=, den P ,: - . W ROC ► „, NW _ . _ ifp# V ♦ ♦ �i ii O Y , 2000- i Ptilti ii�� ►�, p r I mien Low Density Residential 0-2.5 Units/Acre Neighborhood Commercial Streams '22 Low Density/Public/Open Space Community Commercial Principal Arterial MI Medium Density residential 2.5-10 Units/Acre - Regional Commercial —A Minor Arterial —B Minor Arterial ' + ' V/Z Medium Density Residential/Office - Park/Open Space DATE Approved 03 DATE Revised 12-06-0 Major Collector DATE Revised 01-07-0-07-05 DATE Revised 03-01-07 E a E N - High Density Residential 10-40 Units/Acre J Public/Quasi-Public DATE Revised 11-07-05 DATE Revised 06-01-07 —Minor Collector DATE Revised 02-23-06 DADATE Revised TE Revised0310-0-011-0709 Office Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 //A Office/Industrial Q Church/Cemetary PRAIRIE WA Office/Public/Open Space Open Water - E: 04.....��EtTL5F.1.,...,.,a.r�,..7 ..,..''''''' '.a..„�1,.,o® LIVE•WORK•QA EAM Industrial Right-Of-Way 0.25 0.125 I Miles Zoning Map Location Smith Douglas More House Conditional Use Amendment 8107 Eden Prairie road, Eden Prairie MN ku_-7" 1lM ______ ,... #411 , A \ 1. Iiii )(if _ # ,.. i � Timber Lakes Drive Lloncoln Lane dila Flirt V \-- . P 0 I /— ) illf . *rill 4 i . _ tit *eV ' li 7. lir. fiZor `' _> : i. 8107 Eden Prairie Road 6 0�:, . l!>l 0 SITE Ca% ---I'2-0'P I 1111 16)ig g# ° ' o' :;,, . ,i,..., 4 )10,, B# I /r/:„. ghway#212 liii, 4%* ,. 1031D49 40 • / Eden Prairie Road ir %pm NE /./ ----1, way c:, )- / Iill MF Vallies•• it le - . - n P I. •. In • . '' ., IAr JIS 1 Rural -Regional Commercial Shoreland Management Classifications R1-44 One Family-44,000 sf.min. I I TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. I TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. Q TC-MU I OD I General Development Waters(Creeks Only) I G. d R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#26-2008 - RM-2.5 Multi-Family-17.4 U.P.A.max. nirl General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office _I Public Date:March 1,2009 Neighborhood Commercial I Golf Course aseotdlscrepncyreatedroazoNngclassiticationonMlszoNngmap,MeONlnace e•wo.=.r•u i and attached legal description on file at Eden Paine City Corner will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.15 0.3 -Regional Service Commercial Miles Aerial View Smith Douglas More House Conditional Use Amendment 8107 Eden Prairie Road, Eden Prairie, MN 10. -- - _ 1. y '� _ v .l a •,3 f, - y — ,'ks �r Timber Lake Drive ._ -.. _,.;_ ,.' ," �. ►;. Lincoln Lane ,.4 1 f rai �1. , i r , : 4, 414#411 Jr T 4* _ --„, .. ' W 44 44 t ONOii ,i 8107 Eden Prairie Road - tip. ®O Site = 1 L g @, En 0.-%, 0 , _ "Hi'40 0 ti g gs , e ,,,.ri , .., it• 4 O® Pax Christi Church " '`'' .. rE ® Y ft 1111114 • ',.. .1"r-i. ie. 1==!.! , ,A. Highway#212 - . . � ,, 0.1. ,,-. 11111111 Oil ® spoil Eden Prairie Road �`� ._ , , , 41 J L - • ® 'fit 'S .I P .. ® 1� AA- MI ii mr ,,, .., , ialTsj /1---/1-46--''..---m-z ) _ , fir. _ ': ,: UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, JANUARY 25, 2010 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jacob Lee, Alexander Martin, Jerry Pitzrick, Peter Rocheford, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Michael Franzen, City Planner Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Kirk, Pitzrick, Schultz and Wuutke. II. APPROVAL OF AGENDA MOTION by Lechelt, seconded by Lee, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON DECEMBER 14, 2009 Lechelt had a correction to the spelling of"NURP" in part B under the category of Minutes. MOTION by Lee, seconded by Lechelt, to approve the minutes as amended. Motion carried 5-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. Conditional Use Permit Amendment#2010-01, Smith Douglas More House Location: 8107 Eden Prairie Road Request to: • To permit additional uses within the building and on the property Franzen presented the proposal. He stated currently there is a permit on the property that allows Ann Schuster,person leasing the property, to sell coffee and donuts and utilize office space upstairs. She would like to do other things both inside and outside of the property. There is a list on page 1 and 2 of the staff report of uses permitted by a conditional use permit. The City does not have a concern with this list for items indoors. The only stipulation for outside items would be the have them in a designated area behind the main building. The City Staff recommends approval of the Conditional Use Permit Amendment for the uses identified in the staff report. Stoltz opened the meeting up for public input. There was no input. Stoltz asked if they wanted to sell items not on the list would they have to come before the Planning Commission again. Franzen said they would have to come back if they wanted to sell something not within the character of what is on the list, and pointed out generally the items are smaller in nature that they are selling. Stoltz asked Ms. Schuster how long the lease is. Ms. Schuster stated it was two years. Franzen stated the lease would be amended when they go before the City Council. Lee stated the Dunn Brothers is currently there and asked if there would be additional businesses added. Franzen stated they would not be adding another business and they are selling these items in order to bring customers in. Lee asked if Dunn Brothers would be handling the farmers market or would Ms. Schuster be doing that. Ms. Schuster said it would be a little of both. She also pointed out they pay rent for additional parking to the funeral home. Rocheford asked the project proponent how business was going at Dunn Brothers. Ms. Schuster stated business was okay, but parking is very limited and they are selling these items to make more money. Rocheford asked if she would be renewing the lease in a few years. Ms. Schuster said she would be renewing the lease in a few years. Lechelt asked who would be responsible for the outside area. Ms. Schuster said they are responsible. Lechelt asked if the City would be responsible for any outside maintenance with activities. Franzen said they do no anticipate additional maintenance. MOTION by Rocheford, seconded by Lechelt, to close the public hearing. Motion carried 5-0. MOTION by Rocheford, seconded by Lee, to recommend approval of the Conditional Use Permit. Motion carried 5-0. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing February 16, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.D. Office of City Manager, Public Hearing on the issuance of up to Finance/ Sue Kotchevar a$6,000,000 Multifamily Housing Revenue Note, Series 2010 to refinance previous bonds issued by Community Housing Development Corporation and Finance Approximately$2,000,000 in Improvements to the Project Requested Action Move to: • Close the public hearing • Adopt resolution granting preliminary approval to the issuance of multifamily housing revenue note (Prairie Meadows Project), Series 2010. Synopsis The City is authorized (particularly under Minnesota Statutes, Chapter 462C, as amended (the "Act") to carry out the public purposes by issuing revenue notes and bonds to defray, in whole or in part, the development costs of a low and moderate income rental housing. Community Housing Development Corporation plans to use the note proceeds to refinance certain taxable bonds previously issued to finance the cost of acquisition and rehabilitation of a 168-unit multifamily residential rental housing development for occupancy by persons and families of low and moderate income (the "Project"), located at 11345 Westwind Drive in the City, and generally known as Prairie Meadows Apartments, and financing additional improvements to the Project This public hearing is to provide an opportunity for the public to comment on the project and the issuance of the debt. Attachment • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- RESOLUTION GRANTING PRELIMINARY APPROVAL TO THE ISSUANCE OF A MULTIFAMILY HOUSING REVENUE NOTE (PRAIRIE MEADOWS PROJECT), SERIES 2010 WHEREAS,the City of Eden Prairie(the"City")is a municipal corporation and political subdivision duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS,pursuant to the Constitution and laws of the State of Minnesota,particularly Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized to carry out the public purposes described therein and contemplated thereby in the financing of housing within its jurisdiction, by issuing revenue notes and bonds to defray, in whole or in part, the development costs of a low and moderate income rental housing development, and by entering into any agreements made in connection therewith and by pledging any such agreements as security for the payment of the principal of and interest on any such revenue notes and bonds; and WHEREAS, Community Housing Development Corporation, a Minnesota nonprofit corporation (the "Borrower"), the owner of the Project, has requested the City to issue its Multifamily Housing Revenue Note(Prairie Meadows Project), Series 2010(the"Note")for the purpose of refinancing certain taxable bonds previously issued by the Borrower to refund certain tax-exempt bonds issued by the City to finance the cost of acquisition and rehabilitation of a 168- unit multifamily residential rental housing development for occupancy by persons and families of low and moderate income (the "Project"), located at 11345 Westwind Drive in the City, and generally known as Prairie Meadows Apartments,and financing additional improvements to the Project and related costs; and WHEREAS, the City has on this date conducted a public hearing on a program for the issuance of revenue obligations for such purpose(the"Program"),after due publication of notice thereof in a newspaper of general circulation in the City; and WHEREAS, the Note and the interest on said Note shall be payable solely from the revenues pledged therefor and the Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor give rise to a pecuniary liability of the City or a charge against its general credit or assets and shall not constitute a charge,lien,or encumbrance, legal or equitable, upon any property of the City other than the City's interest in the Project; NOW,THEREFORE,BE IT RESOLVED BY THE CITY OF EDEN PRAIRIE that the Project and the issuance of the Note in an amount up to$6,000,000 are hereby given preliminary approval by the City, subject to the mutual agreement of the City, the Borrower and the initial purchaser of the Note as to the details of the Note and provision for its payment. The Note will be payable solely from the revenues of the Project and other moneys, if any, provided by the Borrower, and the Note will not constitute or give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. No holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note, or the interest thereon,nor to enforce payment against any property of the City,except revenues of the Project pledged to the payment thereof; and BE IT FURTHER RESOLVED that the Borrower has agreed to pay directly or through the City any and all costs incurred by the City in connection with the Project and the issuance of the Note, whether or not the Project is carried to completion, and whether or not the Note or operative instruments are executed; and BE IT FURTHER RESOLVED that all commitments of the City expressed herein are subject to the condition that by December 31,2010 the City and the Borrower shall have agreed to mutually acceptable terms and conditions of the loan agreement, the Note and the other instruments and proceedings relating to the Note and its issuance and sale. If the events set forth herein do not take place within the time set forth above,or any extension thereof,and the Note is not sold within such time, this Resolution shall expire and be of no further effect; and BE IT FURTHER RESOLVED that the adoption of this Resolution does not constitute a guaranty or firm commitment that the City will issue the Note as requested by the Borrower. The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the Note, or issue the Note in an amount less than the amount referred to herein should the City at any time prior to issuance thereof determine that it is in the best interest of the City not to issue the Note, or to issue the Note in an amount less than the amount referred to herein, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction; and BE IT FINALLY RESOLVED that the Borrower may incur costs of the Project prior to the issuance of the Note preliminarily approved hereby. It is intended that such costs, if paid prior to the availability of proceeds of the Note, will be reimbursed from such proceeds, when available. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. § 1.150-2 and any successor law, regulation or ruling. This resolution shall be in full force and effect from and after its passage. ADOPTED by the Eden Prairie City Council on February 16, 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims February 16, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 194209— 195057 Wire Transfers 3705 —3746 3728 — 3737 January 2010 Purchasing Card Payment Attachments City of Eden Prairie Council Check Summary 2/16/2010 Division Amount Division Amount General 148,584 601 Prairie Village Liquor 244,012 100 City Manager 6,520 602 Den Road Liquor 442,908 101 Legislative 31,468 603 Prairie View Liquor 404,890 102 Legal Counsel 18,269 605 Den Road Building 6,202 110 City Clerk 670 701 Water Fund 148,954 111 Customer Service 13,041 702 Sewer Fund 300,045 112 Human Resources 792 703 Storm Drainage Fund 82,118 113 Communications 11,693 Total Enterprise Funds 1,629,130 114 Benefits&Training 37,670 130 Assessing 4,282 316 WAFTA 243 131 Finance 809 803 Escrow Fund 11,919 132 Housing and Community Services 37,222 806 SAC Agency Fund 2,100 133 Planning 11,679 809 Investment Fund 7,352 136 Public Safety Communications 64,291 Total Agency Funds 21,615 137 Economic Development 296 138 Community Development Admin. 526 807 Benefits Fund 1,236,856 150 Park Administration 4,082 811 Property Insurance 105,572 151 Park Maintenance 32,016 812 Fleet Internal Service 107,295 153 Organized Athletics 10,280 813 IT Internal Service 116,316 154 Community Center 31,265 814 Facilities Capital ISF 28,671 156 Youth Programs 1,613 815 Facilites Operating ISF 62,981 158 Adult Recreation 2,805 816 Facilites City Center ISF 130,126 159 Recreation Administration 747 817 Facilites Comm.Center ISF 93,136 160 Therapeutic Recreation 893 Total Internal Service Funds 1,880,953 161 Oak Point Pool 5,516 162 Arts 4,283 Report Totals 6,410,326 163 Outdoor Center 2,035 167 CC-Youth Programs 13,684 168 Arts Center 4,656 170 CC-Classes/Programs/Events SC 216 180 Police 38,378 183 Emergency Preparedness 357 184 Fire 31,115 186 Inspections 2,486 200 Engineering 1,163 201 Street Maintenance 19,702 202 Street Lighting 72,888 Total General Funds 667,992 301 CDBG 70,541 304 Senior Board 160 308 E-911 1,415 309 DWI Forfeiture 40 312 Recycle Rebate 75 Total Special Revenue Funds 72,231 418 HRA 2002A Lease Revenue Bonds 1,033,425 421 2003A Park Bonds Refunding 399,546 423 2003C Open Space Bonds 165,708 430 G.O.Improvement Bonds 2006A 400 432 G.O.Improvement Bonds 2006C 239,556 Total Debt Service Funds 1,838,635 315 Economic Development 39,426 503 Utility Improvement 43,323 509 CIP Fund 147,974 513 CIP Pavement Management 1,610 515 Fire Station#4 38 521 Trails Referendum 66,150 522 Improvement Projects 2006 1,251 Total Capital Project Funds 299,771 City of Eden Prairie Council Check Register 2/16/2010 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 3740 1,272,981 WELLS FARGO BANK MINNESOTA NA Interest HRA 2002A LEASE REVENUE BONDS Bond Payment 3739 565,254 US BANK TRUST NATIONAL ASSN Interest 2003C Open Space Refunding Bond Bond Payment 194728 276,694 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General MCES Monthly Fee 194487 227,123 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits February Medical/Dental Premiums 3706 224,225 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 3713 196,049 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 3744 181,820 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 194636 162,329 XCEL ENERGY Electric City Hall-CAM Utilities 3710 152,324 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund Sales&Use Tax 3705 130,967 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 3742 125,598 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 3714 125,234 PUBLIC EMPLOYEES RETIREMENT AS Deposits Escrow PERA 194963 108,195 NEW WORLD SYSTEMS Other Assets CIP-Bonds Police/Fire System 194897 104,769 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire Fire Truck Repairs 194412 98,983 AA EQUIPMENT COMPANY Leasehold Improvements Prairie View Liquor Store 194551 64,814 NORTHWEST ASPHALT Improvement Contracts Trails Referendum 194731 63,682 MINGER CONSTRUCTION INC Other Contracted Services Storm Drainage 194939 61,304 LOGIS Other Hardware Prairie View Liquor Store 194367 57,424 VTI Other Contracted Services Facilities Capital 194595 51,903 SOUTHERN MINNESOTA WOODCRAFT I Work In Progress Prairie View Liquor Store 194674 51,725 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 194508 46,447 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 194288 41,521 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 194557 34,998 OLSON CONSTRUCTION COMPANY INC Other Contracted Services Rehab 194537 33,190 MINNESOTA UI FUND Unemployment Compensation Organizational Services 194472 31,681 ENVIRONMENTAL PROCESS INC Design&Engineering Utility Improvement Fund 194981 31,421 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store 194929 30,736 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 194826 30,665 LOGIS Network Support IT Operating 194917 28,824 HENNEPIN COUNTY TREASURER-TAXP Other Contracted Services Project Fund 194382 28,396 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 3737 28,387 US BANK Deposits Escrow 3708 27,048 ING Deferred Compensation General Fund 194411 26,372 A-SCAPE INC Contract Svcs-Snow Removal City Hall-CAM 3707 25,955 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 194563 25,622 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 194631 23,711 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 194632 23,594 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 194414 23,328 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM 194462 22,750 DIVERSE BUILDING MAINTENANCE Janitor Service Public Works/Parks 194485 22,567 HANSEN THORP PELLINEN OLSON Other Contracted Services Improvement Projects 2006 194482 21,297 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 3746 20,199 ING Deferred Compensation General Fund 194213 20,137 A-SCAPE INC Contract Svcs-Snow Removal City Hall-CAM 3711 20,071 ING Deferred Compensation General Fund 194383 19,329 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store 194803 18,023 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 194286 17,815 JJ TAYLOR DISTRIBUTING MINNESO Transportation Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 194463 17,805 DIVERSIFIED CONSTRUCTION Leasehold Improvements Prairie View Liquor Store 194752 17,717 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 195035 17,523 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 194457 17,430 DAY DISTRIBUTING Beer Prairie View Liquor Store 194612 17,075 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store 194320 17,005 PARROTT CONTRACTING INC Equipment Repair&Maint Sewer Liftstation 194325 16,848 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 194330 16,439 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store 194648 16,420 NORTHSHORE WOOD PRODUCTS Leasehold Improvements Prairie View Liquor Store 194387 16,348 XCEL ENERGY Electric Traffic Signals 3745 16,260 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 194713 15,801 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 3717 15,796 CERIDIAN Deposits Escrow 194646 14,400 I-494 CORRIDOR COMMISSION Dues&Subscriptions City Council 195030 14,340 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 194799 14,172 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 3712 14,127 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 194821 13,933 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 194576 13,567 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 194504 13,262 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 194974 13,255 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 194777 13,150 SIGNSOURCE Leasehold Improvements Prairie View Liquor Store 194544 12,986 NEUHARTH COMPANIES INC Other Contracted Services Rehab 194864 12,688 ACTIVE NETWORK INC,THE Software Maintenance IT Operating 194568 12,599 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 194353 12,497 THORPE DISTRIBUTING Misc Taxable Den Road Liquor Store 194214 12,184 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture 194960 12,035 NATIONAL MARTIAL ARTS ASSOCIAT Instructor Service CC-Fall Skill Development 195050 12,030 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 194579 12,000 ROBERT C VOGEL Other Contracted Services Planning 194622 11,830 VTI Contract Svcs-Security Community Center Maintenance 194394 11,598 JJ TAYLOR DISTRIBUTING MINNESO Liquor Den Road Liquor Store 194850 11,301 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 194267 11,242 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating 194486 11,122 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating 194315 10,765 NEW WORLD SYSTEMS Other Assets CIP-Bonds 194964 10,608 NILSSON,BETH Instructor Service Ice Arena 194881 10,589 CARDIAC SCIENCE CORPORATION Safety Supplies Fire 195012 10,517 THORPE DISTRIBUTING Beer Den Road Liquor Store 194876 10,516 BELLBOY CORPORATION Transportation Den Road Liquor Store 194543 10,000 MUNICIPAL LEGISLATIVE COMMISSI Dues&Subscriptions City Council 194609 9,831 THERMAL TECHNOLOGIES INC Contract Svcs-HVAC Public Works/Parks 194862 9,737 A-SCAPE INC Contract Svcs-Snow Removal City Hall-CAM 194843 9,676 TECHNOGYM USA CORP Machinery&Equipment Capital Impr./Maint.Fund 194844 9,346 THORPE DISTRIBUTING Misc Taxable Den Road Liquor Store 194271 8,841 HEWLETT-PACKARD COMPANY Miscellaneous IT Operating 194406 8,784 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 194312 8,626 N-VISION OPTICS,LLC Capital Under$10,000 Police 194628 8,621 WINE MERCHANTS INC Transportation Prairie View Liquor Store 194921 8,475 HYDRO-VAC INC Equipment Repair&Maint Infiltration/Inflow Study 194242 8,067 DAY DISTRIBUTING Beer Prairie View Liquor Store 194451 8,018 COMPAR INC Other Assets CIP-Bonds Check# Amount Vendor/Explanation Account Description Business Unit Explanation 194571 7,939 PROP Refunds CDBG-Public Service 194404 7,876 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 194785 7,828 SYMPRO INC Prepaid Expenses IT Operating 194372 7,580 WELD&SON'S PLUMBING Other Contracted Services Facilities Capital 194992 7,535 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 194757 7,488 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 194467 7,117 EARL F ANDERSEN INC Signs Park Maintenance 194379 6,987 WINE MERCHANTS INC Transportation Den Road Liquor Store 194608 6,671 THATCHER COMPANY OF MONTANA Treatment Chemicals Water Treatment Plant 195031 6,623 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store 194810 6,587 D&F COMMUNICATIONS INC Other Assets Public Safety Communications 194970 6,525 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 194927 6,482 JJ TAYLOR DISTRIBUTING MINNESO Liquor Den Road Liquor Store 194918 6,482 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing and Community Service 194225 6,477 BELLBOY CORPORATION Liquor Den Road Liquor Store 194492 6,429 HENNEPIN COUNTY TREASURER Other Contracted Services Project Fund 194447 6,364 CENTERPOINT ENERGY Gas Water Treatment Plant 194550 6,325 NORTHSHORE ADVISORS LLC Interest Investment Fund 194249 6,280 ENVIRONMENTAL PROCESS INC Other Contracted Services Facilities Capital 194344 6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing and Community Service 194909 6,246 GRAYMONT Treatment Chemicals Water Treatment Plant 194415 6,187 ACTION FLEET INC Machinery&Equipment Police 194236 6,096 COMMUNITY ACTION PARTNERSHIP Refunds CDBG-Public Service 194293 6,076 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Operating 194572 6,000 PROP Other Contracted Services Housing and Community Service 194703 6,000 HERSEY-METERS Repair&Maint.Supplies Water Metering 194764 6,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 194838 5,954 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store 194957 5,940 MOBILE RADIO ENGINEERING INC Other Assets Public Safety Communications 194597 5,915 SOUTHWEST SUBURBAN PUBLISHING- Printing Communications 194264 5,739 GRAYMONT Treatment Chemicals Water Treatment Plant 194559 5,632 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 194730 5,625 MILLER DRYWALL,INC Other Contracted Services Rehab 194923 5,516 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 194835 5,396 OLYMPIC HILLS GOLF CLUB Operating Supplies Internal Events 194596 5,081 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council 194321 5,027 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 194795 4,925 WALL TRENDS INC Other Contracted Services Facilities Capital 194348 4,863 STRUCTURED NETWORK SOLUTIONS Other Contracted Services Facilities Capital 194840 4,788 RIDGEVIEW MEDICAL CENTER Health&Fitness Fire 194829 4,752 MOBILE RADIO ENGINEERING INC Capital Under$10,000 Public Safety Communications 194307 4,708 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Water Accounting 194257 4,651 FOSTER AND FREEMAN USA INC Capital Under$10,000 Police 194438 4,610 BUETOW AND ASSOCIATES INC Building Park Acquisition&Dev Fixed A 194547 4,480 NEW WORLD SYSTEMS Other Assets CIP-Bonds 194408 4,427 VESSCO INC Equipment Parts Water Treatment Plant 194847 4,352 VTI Other Assets Public Safety Communications 194748 4,280 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 194284 4,270 J&D WINDOW CLEANING Janitor Service-General Bldg Community Center Maintenance 194270 4,172 HENNEPIN COUNTY TREASURER-TAXP Other Contracted Services Assessing 194663 4,100 BAKER ASSOCIATES INC Leasehold Improvements Prairie Village Liquor Store 194788 3,866 THORPE DISTRIBUTING Misc Taxable Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 194705 3,758 HOISINGTON KOEGLER GROUP INC Other Contracted Services Economic Development Fund 194354 3,743 TOTAL REGISTER Work In Progress Prairie View Liquor Store 194237 3,694 COMPAR INC Equipment Repair&Maint Public Safety Communications 195027 3,664 WINE COMPANY,THE Transportation Den Road Liquor Store 194218 3,644 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance 194888 3,558 DAY DISTRIBUTING Beer Den Road Liquor Store 195020 3,549 VAN PAPER COMPANY Cleaning Supplies Facilites Operating ISF 194938 3,545 LOCATORS&SUPPLIES INC Operating Supplies Park Maintenance 194500 3,500 IND SCHOOL DIST 272 Other Contracted Services Housing and Community Service 194395 3,490 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 195028 3,440 WINE MERCHANTS INC Transportation Den Road Liquor Store 194919 3,431 HOHENSTEINS INC Beer Den Road Liquor Store 195034 3,312 XCEL ENERGY Electric Sewer Liftstation 194392 3,278 DAY DISTRIBUTING Beer Prairie View Liquor Store 194605 3,250 TEENS ALONE Other Contracted Services Housing and Community Service 194649 3,166 PRAIRIE ELECTRIC COMPANY Other Contracted Services Utility Improvement Fund 194326 3,131 PRECISION FINISHING Signs Traffic Signs 195000 3,119 SPRINT Wireless Subscription IT Operating 194536 3,073 MINNESOTA SUPPLY COMPANY Machinery&Equipment Water Treatment Plant 194907 3,046 GRAINGER Small Tools General Facilities 194916 3,033 HENNEPIN COUNTY TREASURER Board of Prisoner Police 194272 3,025 HOLIDAY COMPANIES Developer Fees General Fund 194604 3,023 SURLY BREWING CO Beer Den Road Liquor Store 194331 3,000 QUANTUM ART INC Software Maintenance IT Operating 194750 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 194634 2,926 WORLD CLASS WINES INC Imported Wine Den Road Liquor Store 194481 2,847 GRAYMONT Treatment Chemicals Water Treatment Plant 194421 2,810 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 194637 2,735 XTREME ELECTRICAL SERVICES Work In Progress Prairie View Liquor Store 194650 2,720 RACHEL CONTRACTING LLC Other Contracted Services Trail Construction 194614 2,699 TRAFFIC CONTROL CORPORATION Equipment Repair&Maint Traffic Signals 194700 2,646 GUNNAR ELECTRIC CO INC Other Contracted Services Park Maintenance 194744 2,613 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 194791 2,606 TWIN CITY HARDWARE Contract Svcs-Fire/Life/Safe Ice Arena Maintenance 194581 2,570 S.A.F.E.R. Capital Under$10,000 Police 194977 2,568 PRAIRIE ELECTRIC COMPANY Other Contracted Services Street Lighting 194567 2,549 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Center Operations 194836 2,545 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 195003 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing and Community Service 194378 2,456 WINE COMPANY,THE Transportation Den Road Liquor Store 194590 2,436 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Storm Drainage 194281 2,316 INDUSTRIAL SUPPLY CO INC Equipment Parts Water Treatment Plant 194832 2,240 NEW WORLD SYSTEMS Other Assets CIP-Bonds 194434 2,239 BRAUER& ASSOCIATES LTD Design&Engineering Planning&Development 194409 2,232 T-MOBILE USA,INC Deposits Escrow 195033 2,168 WORLD CLASS WINES INC Transportation Den Road Liquor Store 194538 2,151 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 194232 2,100 CARTEGRAPH SYSTEMS INC Software Maintenance IT Operating 194820 2,098 INTEGRA TELECOM Operating Supplies Prairie View Liquor Store 194949 2,079 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 194895 2,061 EGAN OIL COMPANY Lubricants&Additives Fleet Operating 194403 2,047 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 194469 2,000 EDEN PRAIRIE,CITY OF Dues&Subscriptions Fire 194766 2,000 ROMSDAHL,NEVADA Tuition Reimbursement/School Organizational Services 194370 1,985 WALL TRENDS INC Contract Svcs-Garden Rm/Caf. City Hall-CAM 194407 1,943 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 194495 1,932 HOHENSTEINS INC Beer Prairie View Liquor Store 194621 1,918 VAN PAPER COMPANY C H Robinson-Cleaning Suppli City Hall-Direct Costs 194437 1,844 BUELL CONSULTING INC Deposits Escrow 195054 1,838 WM MUELLER AND SONS INC Gravel Water System Maintenance 194640 1,834 ZIEGLER INC Contract Svcs-Fire/Life/Safe Public Works/Parks 194833 1,823 NORTHLAND SYSTEMS INC Software Maintenance IT Capital 194310 1,820 MRPA Dues&Subscriptions Parks Administration 194859 1,811 US POSTMASTER Postage Water Accounting 194535 1,800 MINNESOTA SAFETY SERVICES LLC Operating Supplies Pool Lessons 194798 1,793 WINE MERCHANTS INC Transportation Prairie View Liquor Store 194238 1,789 COSTCO Operating Supplies Police 194399 1,772 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store 194904 1,765 GENUINE PARTS COMPANY Repair&Maint.Supplies Sewer System Maintenance 194459 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance IT Operating 194710 1,705 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 194811 1,692 DAY DISTRIBUTING Beer Den Road Liquor Store 194364 1,645 VESSCO INC Equipment Parts Water Treatment Plant 3741 1,624 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 194435 1,610 BRAUN INTERTEC CORPORATION Design&Engineering CIP Pavement Management 194220 1,590 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 3709 1,560 MINNESOTA DEPT OF REVENUE Due to Other Governments Fleet Operating 194851 1,528 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store 195023 1,523 VISTAR CORPORATION Merchandise for Resale Concessions 194386 1,510 WORLD CLASS WINES INC Transportation Den Road Liquor Store 194234 1,507 CDW GOVERNMENT INC. Miscellaneous IT Operating 195048 1,500 MEALS ON WHEELS Other Contracted Services Housing and Community Service 194603 1,490 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 194510 1,481 KEEPERS Clothing&Uniforms Police 194352 1,476 THERMAL TECHNOLOGIES INC Contract Svcs-HVAC City Hall-CAM 194291 1,464 KEEPERS Clothing&Uniforms Police 194667 1,463 BELLBOY CORPORATION Transportation Prairie View Liquor Store 194211 1,453 US POSTMASTER Postage Water Accounting 194427 1,436 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 194699 1,433 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 194335 1,431 RICHFIELD,CITY OF Autos Police 194745 1,411 PEPSI COLA COMPANY Merchandise for Resale Concessions 194877 1,387 BLOOMINGTON SECURITY SOLUTIONS Leasehold Improvements Prairie View Liquor Store 194357 1,384 TWIN CITY FILTER SERVICE INC Supplies-HVAC Community Center Maintenance 194781 1,383 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating 194955 1,382 MINNESOTA'S BOOKSTORE Operating Supplies Inspections-Administration 194432 1,372 BLOOMINGTON SECURITY SOLUTIONS Other Contracted Services Forest Hills Park 194659 1,338 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 195022 1,312 VINOCOPIA Transportation Den Road Liquor Store 194627 1,300 WINE COMPANY,THE Transportation Den Road Liquor Store 194948 1,279 METRO SALES INCORPORATED* Office Supplies Customer Service 194899 1,278 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 194793 1,252 USA MOBILITY WIRELESS INC Pager&Cell Phone Public Safety Communications 194496 1,250 HOMELINE Refunds CDBG-Public Service Check# Amount Vendor/Explanation Account Description Business Unit Explanation 194305 1,250 MICHAELSON,ELIZABETH H Other Contracted Services Winter Theatre 194726 1,239 METRO SALES INCORPORATED* Other Rentals Customer Service 195015 1,236 UNIQUE PAVING MATERIALS Asphalt Overlay Water System Maintenance 194397 1,203 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 194655 1,187 AL'S COFFEE Merchandise for Resale Concessions 194623 1,185 WALSER CHRYSLER JEEP Equipment Repair&Maint Fleet Operating 194824 1,161 LAMETTRYS COLLISION Insurance Property Insurance 194626 1,159 WHEELER HARDWARE COMPANY Building Repair&Maint. Utility Operations-General 194849 1,153 WINE MERCHANTS INC Transportation Den Road Liquor Store 194263 1,134 GRAPE BEGINNINGS Transportation Den Road Liquor Store 194982 1,133 QWEST Process Control Services Water Treatment Plant 194240 1,131 CUSHMAN MOTOR COMPANY INC. Equipment Parts Fleet Operating 194244 1,123 ECOLAB INC Contract Svcs-Pest Control Fire Station#4 195002 1,121 STAPLES ADVANTAGE Office Supplies Police 194564 1,095 PICKLE,BRAD Operating Supplies Girls on the Run 194598 1,063 STAPLES ADVANTAGE Supplies-Electrical City Center Operations 194866 1,059 AL'S COFFEE Merchandise for Resale Concessions 194883 1,046 CDW GOVERNMENT INC. Other Hardware Utility Operations-General 194592 1,036 SMITH,DAVID AR Utility Water Enterprise Fund 195017 1,028 US BANK Interest Investment Fund 195044 1,013 FERRELLGAS Gas Riley House 194358 1,009 TWIN CITY TACTICAL Clothing&Uniforms Police 194707 1,000 ICC Conference Expense Inspections-Administration 194578 992 RIDGEVIEW MEDICAL CENTER Employment Support Test Organizational Services 194644 984 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 194951 974 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 194754 974 PROP United Way Withheld General Fund 194987 964 ROOT 0 MATIC Contract Svcs-Plumbing City Hall-CAM 194645 962 HOME DEPOT CREDIT SERVICES Supplies-General Bldg City Hall-CAM 194892 958 EARL F ANDERSEN INC Repair&Maint.Supplies Storm Drainage 194430 957 BEST BUY Capital Under$10,000 Police 194602 930 STREICHERS Equipment Parts Fleet Operating 194465 924 DOROTHY HAUS&ANDOVER COLLISI Insurance Property Insurance 194712 909 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 3743 908 CERIDIAN Garnishment Withheld General Fund 3715 898 CERIDIAN Garnishment Withheld General Fund 194347 881 STREICHERS Clothing&Uniforms Police 194688 880 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 194767 880 ROREM,ANN M Instructor Service Arts Center 194480 880 GRAPE BEGINNINGS Transportation Den Road Liquor Store 194385 880 WM MUELLER AND SONS INC Repair&Maint.Supplies Storm Drainage 194687 870 EDEN PRAIRIE CHAMBER OF COMMER Dues&Subscriptions City Council 194433 868 BOURGET IMPORTS Transportation Den Road Liquor Store 194253 868 FERRELLGAS Gas Outdoor Center 194870 865 ANCHOR PAPER COMPANY Office Supplies Police 194721 862 MAXIMUM SOLUTIONS INC Software Maintenance IT Operating 195014 837 TRUE FABRICATIONS Operating Supplies Wine Club 194932 834 KUSTOM SIGNALS INC Equipment Repair&Maint Police 194937 833 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 194653 831 AA EQUIPMENT COMPANY Leasehold Improvements Prairie View Liquor Store 194758 828 QWEST Telephone E-911 Program 194545 825 NEUMANN,NEAL Other Contracted Services Broomball Check# Amount Vendor/Explanation Account Description Business Unit Explanation 194497 816 HORIZON COMMERCIAL POOL SUPPLY Repair&Maint.Supplies Pool Maintenance 194792 812 UNITED WAY United Way Withheld General Fund 194455 800 DAKOTA COUNTY TECHNICAL COLLEG Conference Expense Park Maintenance 194944 798 MEDICINE LAKE TOURS Operating Supplies Trips 194454 793 CUSTOM HOSE TECH Equipment Repair&Maint Fleet Operating 194405 789 WORLD CLASS WINES INC Transportation Den Road Liquor Store 194969 780 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 194336 776 RICMAR INDUSTRIES Supplies-Snow Removal City Hall-CAM 194514 772 KOERING,STEVE Travel Expense Fire 194639 763 ZEP MANUFACTURING CO Supplies-Snow Removal City Hall-CAM 194419 757 AMERITRAK Machinery&Equipment Snow&Ice Control 194784 754 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 194227 749 BLAUER TACTICAL USA LLC Tuition Reimbursement/School Police 194651 742 1ST LINE/LEEWES VENTURES LLC Merchandise for Resale Concessions 194580 740 ROOT 0 MATIC Contract Svcs-Plumbing Garden Room Repairs 194787 736 TEMP,DAWN M Other Contracted Services Volleyball 194747 732 PETTY CASH Mileage&Parking General Facilities 194548 729 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 194986 728 RETROFIT RECYCLING INC Waste Disposal City Hall-CAM 195006 719 SURLY BREWING CO Beer Prairie Village Liquor Store 195004 718 STREICHERS Clothing&Uniforms Police 194493 710 HENNEPIN COUNTY TREASURER-TAXP Licenses&Taxes Den Bldg.-CAM 194423 705 ATHLETICA Operating Supplies Ice Arena 194920 704 HORIZON COMMERCIAL POOL SUPPLY Repair&Maint.Supplies Pool Maintenance 194277 704 IND SCHOOL DIST 272 Gym Rental Adult Open Gym 194349 700 SUBURBAN WILDLIFE CONTROL INC Other Contracted Services Storm Drainage 194436 698 BRO-TEX INC Equipment Parts Fleet Operating 194341 696 SHI INTERNATIONAL CORP Miscellaneous IT Operating 194573 688 PROSOURCE SUPPLY Supplies-General Bldg Community Center Maintenance 194360 670 UNDERWATER WORLD MALL OF AMERI Other Contracted Services Environmental Education 194695 662 GE CAPITAL Other Rentals Customer Service 194868 657 AMERICAN TIME&SIGNAL CO Supplies-General Bldg City Hall-CAM 194426 653 BATTERIES PLUS Supplies-Electrical City Hall-CAM 194903 651 GE CAPITAL Office Supplies Customer Service 194494 650 HENRY,PAUL Other Contracted Services Broomball 194502 647 J J KELLER&ASSOCIATES INC Dues&Subscriptions Utility Operations-General 194676 616 COMPAR INC Equipment Repair&Maint Public Safety Communications 194254 612 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 194658 608 ASCAP Licenses,Permits,Taxes Arts 194668 608 BMI GENERAL LICENSING Licenses,Permits,Taxes Arts 194250 608 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 194505 607 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 194837 601 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 194285 600 JANETSKI,BETH Other Contracted Services Winter Theatre 194327 600 PRIMESTAFF INC Other Contracted Services CIF-Bonds 194532 600 MINNEAPOLIS POLICE DEPARTMENT Tuition Reimbursement/School Police 194727 600 METROPOLITAN AIRPORTS COMMISSI Other Rentals Flying Cloud Fields 194697 595 GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 194366 595 VISTAR CORPORATION Merchandise for Resale Concessions 3716 593 CERIDIAN Garnishment Withheld General Fund 194417 591 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000-Gen Bl Furniture 194413 587 ABM EQUIPMENT AND SUPPLY COMPA Equipment Repair&Maint Sewer Liftstation Check# Amount Vendor/Explanation Account Description Business Unit Explanation 194316 576 OEDEKOVEN,KIMBERLY R Instructor Service Arts Center 194445 576 CDW GOVERNMENT INC. Miscellaneous IT Operating 194338 575 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 194908 575 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 194228 575 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security Ice Arena Maintenance 194956 574 MN DEPT OF TRANSPORTATION Equipment Repair&Maint Traffic Signals 194641 573 BIFFS INC Waste Disposal Park Maintenance 194879 561 BOUND TREE MEDICAL LLC EMS Supplies Fire 194624 558 WATER CONSERVATION SERVICES IN OCS-Leak Detection Water System Maintenance 194308 553 MORGAN CREEK VINEYARDS Wine Domestic Den Road Liquor Store 194896 553 ELVIN SAFETY LLC Safety Supplies Fire 194524 551 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Sewer System Maintenance 194570 550 PROP Refunds CDBG-Public Service 194983 549 QWEST Maintenance Contracts E-911 Program 194749 544 PIONEER RESEARCH CORPORATION Repair&Maint.Supplies Sewer Liftstation 194260 544 GE CAPITAL Other Rentals Customer Service 194529 543 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 194351 543 THE OASIS GROUP Employee Assistance Organizational Services 195019 540 VALLEY NAT'L GASES-LOC 93 Equipment Parts Fleet Operating 194817 540 GOVDELIVERY Software Maintenance IT Operating 194483 535 GUARANTY COMMERCIAL TITLE INC Other Contracted Services Rehab 194717 535 LAB SAFETY SUPPLY INC Lab Supplies Water Treatment Plant 194818 533 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 194231 533 BUCK,NATHAN Other Contracted Services Basketball 194606 532 TESSMAN SEED CO Chemicals Park Maintenance 194786 530 TACKMIER,KARIE Other Contracted Services Broomball 194984 529 REBS MARKETING Other Contracted Services Fire 194339 528 SCHIPULL,JEFF Other Contracted Services Basketball 194390 528 BOURGET IMPORTS Transportation Den Road Liquor Store 194453 520 CRESCENT ELECTRIC SUPPLY CO Other Hardware IT Capital 194279 520 IND SCHOOL DIST 272 Gym Rental Volleyball 194804 515 YOUNG,PHIL Dues&Subscriptions City Council 194670 514 BUCK,NATHAN Other Contracted Services Basketball 194942 508 MAX TOOL Operating Supplies Fire 194280 504 IND SCHOOL DIST 272 Gym Rental Volleyball 194910 504 HARPSTER OF PHILIPSBURG INC Operating Supplies Fire 194857 503 PETTY CASH-POLICE DEPT Travel Expense Police 194300 500 MCFOA Dues&Subscriptions Fire 194968 500 OLYMPIC HILLS GOLF CLUB Operating Supplies Internal Events 194363 500 VAN PAPER COMPANY Cleaning Supplies Ice Arena Maintenance 194428 495 BELLBOY CORPORATION Transportation Den Road Liquor Store 194439 495 BUTLER,JOYCE Accounts Receivable Community Center Admin 194647 495 MN CIT OFFICERS ASSOCIATION Tuition Reimbursement/School Police 194734 495 MN CIT OFFICERS ASSOCIATION Tuition Reimbursement/School Police 194959 493 MT GLOBAL LLC Transportation Prairie Village Liquor Store 195046 493 IND SCHOOL DIST 272 Transportation Teen Programs 194794 492 VAN PAPER COMPANY Cleaning Supplies Park Shelters 194402 492 WINE MERCHANTS INC Transportation Den Road Liquor Store 194290 491 KAISER MANUFACTURING INC Supplies-General Bldg Community Center Maintenance 194528 481 MGB PRINTING SERVICES Operating Supplies Concessions 194542 481 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 194935 481 LIFE SAFETY SYSTEMS Contract Svcs-Fire/Life/Safe Public Works/Parks Check# Amount Vendor/Explanation Account Description Business Unit Explanation 194739 480 O'CONNOR,ELLEN CLAIRE Instructor Service Arts Center 194926 477 JANEX INC Supplies-General Building City Center Operations 194594 475 SNEEN,NICOLE D Other Contracted Services Broomball 194477 475 GIRARD'S BUSINESS SOLUTIONS IN Equipment Repair&Maint Customer Service 194243 474 DELEGARD TOOL CO Equipment Parts Fleet Operating 195011 469 THERMAL TECHNOLOGIES INC Contract Svcs-HVAC City Hall-CAM 194720 469 M.AMUNDSON LLP Operating Supplies Prairie View Liquor Store 194657 467 AMERITRAK Other Contracted Services Snow&Ice Control 194468 464 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous Community Development Admin. 194911 463 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 194332 460 QWEST Telephone IT Telephone 194845 454 TRANSPORT GRAPHICS Equipment Repair&Maint Fire 194950 452 METROPOLITAN FORD Equipment Parts Fleet Operating 194965 452 NORTHERN AIR CORPORATION Contract Svcs-HVAC Senior Center 194860 450 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 194554 450 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 194679 440 DAVANNI'S PIZZA Merchandise for Resale Concessions 194533 439 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Utility Operations-General 194262 436 GRAINGER Supplies-Electrical Community Center Maintenance 194216 433 ANDERBERG INNOVATIVE PRINT SOL Printing Police 194761 432 RAY,LEE Other Contracted Services Basketball 194680 425 DAY DISTRIBUTING Beer Prairie Village Liquor Store 194410 425 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 194512 425 KIDCREATE STUDIO Instructor Service Arts Center 194931 422 KIDS TEAM TENNIS LLC Instructor Service CC-Tennis 194783 420 STREICHERS Clothing&Uniforms Police 195026 418 WILS Conference Expense Recreation Administration 195005 416 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 194690 415 EHLERS&ASSOCIATES INC Other Contracted Services Project Fund 194265 414 GREATAMERICA LEASING CORP. Postage Customer Service 194388 413 ZEP MANUFACTURING CO Equipment Parts Fleet Operating 194933 412 LAB SAFETY SUPPLY INC Cleaning Supplies Utility Operations-General 194853 412 WORLD CLASS WINES INC Transportation Den Road Liquor Store 194755 410 PUCHALSKI,MARY Instructor Service Arts Center 194278 408 IND SCHOOL DIST 272 Gym Rental Volleyball 194796 400 WELLS FARGO BANK MINNESOTA NA Paying Agent G.O.Improvement Bonds 2006A 194991 400 SEGER,KATHERINE L Instructor Service Arts Center 194672 389 CARLSON TRACTOR AND EQUIPMENT Equipment Parts Fleet Operating 194685 383 DUCKSTAD,JON Dues&Subscriptions City Council 194675 381 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 194369 378 WAGNER,ZACH Insurance Property Insurance 194283 376 INSTANT WHIP FOODS Merchandise for Resale Concessions 194292 375 KIDCREATE STUDIO Other Contracted Services Environmental Education 194520 375 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 194696 373 GOLDEN VALLEY SUPPLY CO Supplies-HVAC City Hall-CAM 194716 373 KRISS PREMIUM PRODUCTS INC Contract Svcs-HVAC City Hall-CAM 194549 365 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 194484 363 HALDEMANN HOMME INC Cleaning Supplies Community Center Maintenance 194769 362 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 194212 360 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 194555 360 OFFICE OF THE SECRETARY OF STA Dues&Subscriptions Police 195056 360 HIGHWAY TECHNOLOGIES Conference Expense Engineering Check# Amount Vendor/Explanation Account Description Business Unit Explanation 194398 358 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 194998 358 SOUTHERN MINNESOTA WOODCRAFT I Leasehold Improvements Prairie View Liquor Store 194444 356 CATCO PARTS SERVICE Equipment Parts Fleet Operating 194527 356 METRO SALES INCORPORATED* Equipment Repair&Maint Engineering 195043 354 FEDEX Postage Human Resources 194708 350 ICE SKATING INSTITUTE Licenses&Taxes Ice Arena 194997 350 SOUNDS GREAT Special Event Fees Special Events&Trips 194401 350 VINOCOPIA Transportation Den Road Liquor Store 194516 345 LAB SAFETY SUPPLY INC Cleaning Supplies Utility Operations-General 194678 344 CUSHMAN MOTOR COMPANY INC. Equipment Parts Fleet Operating 194499 344 IND SCHOOL DIST 272 Building Rental Community Band 194517 341 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#1 195042 338 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Health and Benefits 194936 338 LIFT BRIDGE BREWERY Beer Den Road Liquor Store 194737 336 NETA Tuition Reimbursement/School Fitness Classes 195057 335 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 194448 334 CLAREYS INC Clothing&Uniforms Street Maintenance 194979 327 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 194274 324 HOUSTON,CHRISTOPHER W Wages No Benefits Ice Arena 194273 322 HOLMES,TOM Other Contracted Services Volleyball 195007 322 TACKMIER,KARIE Other Contracted Services Volleyball 194652 320 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 194473 315 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 194789 312 TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Sewer System Maintenance 194790 310 TROPICANA CHILLED DSD Merchandise for Resale Concessions 194665 308 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 194501 306 INDUSTRIAL AND RESIDENTIAL LIG Operating Supplies Utility Operations-General 194418 303 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 194618 300 UNIFORMS UNLIMITED Clothing&Uniforms Police 194365 300 VINOCOPIA Transportation Den Road Liquor Store 194296 300 LUSHINE,PEGGY E Other Contracted Services Winter Theatre 194449 300 CLOSED CIRCUIT SPECIALISTS INC Equipment Repair&Maint Cummins Grill 194856 300 DAKOTA COUNTY SHERIFFS DEPT Deposits Escrow 194893 300 EDEN PRAIRIE CHAMBER OF COMMER Dues&Subscriptions Prairie View Liquor Store 194865 299 AIM ELECTRONICS Supplies-Electrical Community Center Maintenance 194416 297 AL'S COFFEE Merchandise for Resale Concessions 194221 290 BATES,DON Other Contracted Services Community Band 194890 287 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 194359 285 UHL COMPANY Contract Svcs-HVAC City Hall-CAM 194616 285 UHL COMPANY Contract Svcs-HVAC City Hall-CAM 194891 280 DULUTH COATING SOLUTIONS INC Contract Svcs-General Bldg Fire Station#1 195047 280 IND SCHOOL DIST 272 Gym Rental Basketball 194694 276 FORDAHL,TAMARA Other Contracted Services Volleyball 195036 276 ZAHN,GERALD Other Contracted Services Volleyball 194756 271 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 194368 271 W W GOETSCH ASSOCIATES INC Equipment Parts Water Treatment Plant 194466 270 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 194654 270 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 194839 265 RADIO TECHNOLOGY INC Small Tools Fire 194314 262 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 194962 261 NEW FRANCE WINE COMPANY Transportation Prairie Village Liquor Store 194642 259 FERRELLGAS Gas Riley House Check# Amount Vendor/Explanation Account Description Business Unit Explanation 194521 258 LEXISNEXIS Other Contracted Services Police 194615 258 TRUE FABRICATIONS Transportation Den Road Liquor Store 194819 255 IND SCHOOL DIST 272 Transportation Teen Programs 194660 252 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 194718 250 LANZI,BOB Mileage&Parking Ice Arena 194425 250 BARNA,GUZY&STEFFEN,LTD Other Contracted Services Police 195038 245 ZEP MANUFACTURING CO Lubricants&Additives Fleet Operating 194441 243 CAMPBELL KNUTSON,P.A. Legal WAFTA 194470 242 ELECTRIC PUMP Equipment Repair&Maint Water Treatment Plant 194825 241 LASER QUIPT INC Equipment Repair&Maint IT Operating 195016 239 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 194474 235 FASTSIGNS Operating Supplies Day Care 194620 235 VALLEY NAT'L GASES-LOC 93 Equipment Parts Fleet Operating 194751 234 PRAIRIE ELECTRIC COMPANY Contract Svcs-Fire/Life/Safe Community Center Maintenance 194574 232 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 194246 232 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Police 194340 230 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 194373 228 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Operating 194503 228 JANEX INC Equipment Repair&Maint Fire 194729 227 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 194251 227 FACTORY MOTOR PARTS COMPANY Lubricants&Additives Fleet Operating 194450 225 COMMISSIONER OF TRANSPORTATION Conference Expense Park Maintenance 194828 225 MINNESOTA STATE FIRE CHIEFS AS Dues&Subscriptions Fire 194396 224 M.AMUNDSON LLP Misc Taxable Prairie View Liquor Store 194813 224 EMBEDDED SYSTEMS INC Equipment Parts Emergency Preparedness 194356 222 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 194669 212 BODE,STEVEN AR Utility Water Enterprise Fund 194589 210 SHIRLEY,LIBBY Printing Community Center Admin 194301 209 MENARDS Operating Supplies Street Maintenance 194894 209 EDEN PRAIRIE ROTARY CLUB Miscellaneous Administration 194217 208 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 194689 208 EDENS ON CAMPUS Special Event Fees Red Hat 194683 205 DMX MUSIC Other Contracted Services Den Road Liquor Store 194471 203 EMPLOYERS ASSOCIATION INC Other Contracted Services Organizational Services 194902 200 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 194773 200 SENSIBLE LAND USE COALITION Dues&Subscriptions City Council 194801 200 WYFFELS,BILL Tuition Reimbursement/School Organizational Services 194872 200 BANK BEER CO Beer Prairie Village Liquor Store 195045 200 HENNEPIN COUNTY TREASURER Licenses&Taxes Customer Service 194458 198 DE LAGE LANDEN FINANCIAL SERVI Software and Hardware IT Operating 194681 198 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General Facilities 194303 192 METROPOLITAN FORD Equipment Parts Fleet Operating 194691 192 ELIASON,STEVE J Other Contracted Services Basketball 194989 192 SCHIPULL,JEFF Other Contracted Services Basketball 194591 190 SHRED-IT Waste Disposal City Center Operations 194233 189 CATCO PARTS SERVICE Equipment Parts Fleet Operating 194558 189 OVEN HEARTH WHOLESALE BAKERY Merchandise for Resale Concessions 194742 189 OVEN HEARTH WHOLESALE BAKERY Merchandise for Resale Concessions 194698 186 GRAINGER Small Tools Water Metering 195040 184 BOARD OF WATER&SOIL RESOURCE Miscellaneous Storm Drainage 194643 184 FOSTER,KATHERINE Other Contracted Services Volleyball 194900 184 FOSTER,KATHERINE Other Contracted Services Volleyball Check# Amount Vendor/Explanation Account Description Business Unit Explanation 194976 184 PORTA,KITTY Mileage&Parking City Clerk 194334 183 REPLENEX Equipment Parts Fleet Operating 195024 180 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Operating 194978 179 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 194990 178 SEELYE Equipment Parts Water Treatment Plant 194738 176 NUCO2 INC Repair&Maint.Supplies Pool Maintenance 194540 175 MSSA Dues&Subscriptions Fleet Operating 194725 175 MERSC Dues&Subscriptions Organizational Services 195049 175 MICHIGUNS Training Supplies Police 194443 174 CAT&FIDDLE BEVERAGE Wine Imported Den Road Liquor Store 194815 174 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 194831 171 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 194384 171 WITT,BETH Mileage&Parking Aquatics&Fitness Admin 194333 169 RE CARLSON Equipment Parts Water Treatment Plant 194625 169 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 194692 168 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 194619 165 UNIVERSITY OF MINNESOTA Conference Expense Tree Disease 194328 165 QUALITY PROPANE Repair&Maint-Ice Rink 3rd Sheet of Ice 194266 164 GUARDIAN FIRE AND SAFETY Equipment Repair&Maint Fire 194732 164 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 194886 162 CUSHMAN MOTOR COMPANY INC. Equipment Parts Fleet Operating 194343 161 SJOBERG,GABRIELLE Mileage&Parking Skating Rinks/Warming Houses 194772 160 SCRAP METAL PROCESSORS INC Equipment Parts Fleet Operating 194587 156 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 194269 155 HENNEPIN COUNTY TREASURER Equipment Repair&Maint Traffic Signals 194565 154 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 194952 154 MINNESOTA CONWAY Equipment Repair&Maint Fire 194230 150 BUCK,JEFFERY Other Contracted Services Basketball 194259 150 GANDRUD,DAVID Employment Support Test Fire 194268 150 HAYDEN,DOUGLAS E Tuition Reimbursement/School Fire 194309 150 MPELRA Dues&Subscriptions Human Resources 194682 150 DEPENDABLE AUTO DIAGNOSTICS LL Equipment Repair&Maint Fleet Operating 194958 150 MRPA Conference Expense Recreation Administration 195055 150 COMMISSIONER OF TRANSPORTATION Conference Expense Engineering 194724 149 MENARDS Operating Supplies Street Maintenance 194601 149 STRAND MANUFACTURING CO INC Equipment Repair&Maint Water Treatment Plant 194706 148 HOME DEPOT CREDIT SERVICES Supplies-General Bldg City Hall-CAM 194834 147 NORTHWEST RESPIRATORY SERVICE Operating Supplies Fire 194511 144 KENNEDY,KAREN Other Contracted Services Basketball 194735 144 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 194479 144 GRAINGER Supplies-General Bldg Park Shelters 194797 143 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Operating 195025 143 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Operating 194304 140 MIAMA Instructor Service Ice Arena 194522 140 LIFE SAFETY SYSTEMS Contract Svcs-Fire/Life/Safe City Center Operations 194677 139 CRACAUER,CLIFF Mileage&Parking Fleet Operating 194848 139 WEMYSS,SCOTT Operating Supplies Fire 194342 139 SIERRA CORPORATION Equipment Parts Fleet Operating 194607 139 TESSMANN,STEVE Tuition Reimbursement/School Fire 194488 137 HEATH,JULIANN Accounts Receivable Community Center Admin 194297 135 MAAS,JERRY Operating Supplies CC-Classes/Programs/Events SC 194741 135 OLSEN COMPANIES Equipment Parts Utility Operations-General Check# Amount Vendor/Explanation Account Description Business Unit Explanation 194355 134 TOURTELOTTE,DAVE Accounts Receivable Community Center Admin 194235 134 CLAREYS INC Clothing&Uniforms Street Maintenance 194617 134 UNDHEIM,NAOMI Mileage&Parking Community Center Admin 194275 133 I-STATE TRUCK CENTER Equipment Parts Fleet Operating 194323 133 PETTY CASH Operating Supplies Classes/Programs/Events 194346 132 STRAUB,JULIE Accounts Receivable Community Center Admin 194361 131 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 194241 129 DAMA-MP INC Supplies-General Bldg Community Center Maintenance 194256 129 FORCE AMERICA Equipment Parts Fleet Operating 194869 129 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 194800 128 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 194753 126 PRINTERS SERVICE INC Repair&Maint-Ice Rink Ice Arena Maintenance 194806 126 CANNON RIVER WINERY Wine Domestic Den Road Liquor Store 194491 125 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 194822 125 KAMP,MELANIE Insurance Property Insurance 194842 125 ST.CROIX COUNTY SHERIFFS OFFI Tuition Reimbursement/School Police 194478 123 GRAFIX SHOPPE Equipment Parts Fleet Operating 194994 122 SIVERSON,JILL R Other Contracted Services Athletic Programs Admin 194613 120 TOM'S WINDOW CLEANING Window Cleaning Den Bldg.-Direct 194222 120 BCA/CRIMINAL JUSTICE TRAINING Tuition Reimbursement/School Police 194345 120 SQUARE CUT Other Contracted Services Classes/Programs/Events 194593 120 SMITH,KRIS Accounts Receivable Community Center Admin 194954 120 MINNESOTA GFOA Dues&Subscriptions Finance 194770 120 SCHMIDT,MATT Clothing&Uniforms Police 194940 119 M.AMUNDSON LLP Misc Taxable Den Road Liquor Store 194509 115 KAISER,DAVID S Equipment Repair&Maint Fitness Center 195008 114 TACTICAL COMMAND INDUSTRIES Clothing&Uniforms Police 194880 114 BOURGET IMPORTS Transportation Den Road Liquor Store 3738 113 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 195001 107 STANLEY SECURITY SOLUTIONS INC Conference Expense General Community Center 194841 104 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 194400 102 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie View Liquor Store 194375 102 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 194531 101 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 194223 100 BECHTEL,MARY LYNN Accounts Receivable Community Center Admin 194523 100 LOBITZ,ROGER AND KAREN Refunds Environmental Education 194539 100 MORRIS,MICHAEL Refunds Environmental Education 194566 100 POLLITT,DAVID Refunds Environmental Education 194600 100 STORK,ALEX Other Contracted Services Utility Operations-General 194611 100 THOMAS,LINDA Refunds Environmental Education 194673 100 CARVER COUNTY TREASURER Dues&Subscriptions Police 194693 100 FBI-LEEDA Dues&Subscriptions Police 194702 100 HEENAN,BARBARA Refunds Environmental Education 194722 100 MCLEOD COUNTY RECORDER Dues&Subscriptions Police 194760 100 RAMSEY COUNTY Dues&Subscriptions Police 194771 100 SCOTT COUNTY Dues&Subscriptions Police 194782 100 STEVENSON,MARCI Refunds Environmental Education 194823 100 KLINGENBERG,PEGGY Refunds Environmental Education 194852 100 WITZIG,DAVID Refunds Environmental Education 194912 100 HENNEPIN COUNTY TREASURER Licenses&Taxes Customer Service 194913 100 HENNEPIN COUNTY TREASURER Licenses&Taxes Planning 194914 100 HENNEPIN COUNTY TREASURER Licenses&Taxes Police Check# Amount Vendor/Explanation Account Description Business Unit Explanation 194915 100 HENNEPIN COUNTY TREASURER Licenses&Taxes Customer Service 195013 100 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie Village Liquor Store 194884 99 CITY OF ST LOUIS PARK Conference Expense City Clerk 194972 99 PERRY,ERIK Lessons&Classes Fitness Center 194812 99 DELL Equipment Repair&Maint Public Safety Communications 195037 98 ZEE MEDICAL SERVICE Safety Supplies Senior Center Administration 194905 97 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 194662 97 AXELSON,NANCY Operating Supplies Fitness Classes 194947 97 MESSER,BRANDON Mileage&Parking Skating Rinks/Warming Houses 194248 96 ELIASON,STEVE J Other Contracted Services Basketball 194306 96 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 194498 96 IND SCHOOL DIST 272 Building Rental Community Band 194584 96 SCHIPULL,JEFF Other Contracted Services Basketball 194827 95 MINNESOTA LEGAL REGISTER Dues&Subscriptions Assessing 194489 92 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 194805 92 APCO INTERNATIONAL Dues&Subscriptions Public Safety Communications 194541 92 MT GLOBAL LLC Transportation Prairie Village Liquor Store 194686 91 EASTMAN,ROCHELLE AR Utility Water Enterprise Fund 194311 90 MT GLOBAL LLC Wine Imported Prairie Village Liquor Store 194807 90 COMCAST Wireless Subscription IT Operating 195041 90 BROWN,KEVIN Clothing&Uniforms Police 195021 89 VINOANDES Transportation Den Road Liquor Store 194377 89 WILSON,JOHN D. Training Supplies Police 194946 87 MERLINS ACE HARDWARE Operating Supplies Street Maintenance 194552 87 NUCO2 INC Repair&Maint.Supplies Pool Maintenance 194809 86 CULLIGAN BOTTLED WATER Operating Supplies Fire 194461 85 DIRECTV Cable TV Community Center Admin 194736 85 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 194422 82 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 194302 82 MESSER,BRANDON Mileage&Parking Skating Rinks/Warming Houses 194943 82 MCGRAW-HILL CONSTRUCTION ENR Dues&Subscriptions Engineering 194930 82 KEEPERS Clothing&Uniforms Reserves 194350 82 TESSCO INC Equipment Repair&Maint Public Safety Communications 194226 81 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 194299 80 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 194276 80 IND SCHOOL DIST 272 Gym Rental Volleyball 194704 80 HIGHWAY TECHNOLOGIES Conference Expense Park Maintenance 194294 78 LIFT BRIDGE BREWERY Beer Den Road Liquor Store 194854 77 WRESH,JANINA Tuition Reimbursement/School Police 194871 77 ARNDT,DALE Small Tools Fleet Operating 194255 76 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 194711 76 JETER,KARA Tuition Reimbursement/School Fitness Classes 194762 75 RECYCLING ASSOCIATION OF MINNE Dues&Subscriptions Recycle Rebate 195053 75 US BANK Other Contracted Services Health and Benefits 194925 75 JACOBS,TRAVIS Tuition Reimbursement/School Fire 194656 74 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 194924 74 JACKSON,KATHY AR Utility Water Enterprise Fund 194887 74 DANIMAL DISTRIBUTING INC Beer Den Road Liquor Store 194526 74 MEDTOX Workers Comp Insurance Organizational Services 194830 73 MORAN USA,LLC Transportation Den Road Liquor Store 194995 72 SJOBERG,GABRIELLE Mileage&Parking Skating Rinks/Warming Houses 194967 70 OLSEN COMPANIES Equipment Parts Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 194313 69 NETA Tuition Reimbursement/School Fitness Classes 194319 68 OSI BATTERIES INC Operating Supplies Snow&Ice Control 194775 68 SHAPIRO,MARK AR Utility Water Enterprise Fund 194763 67 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 194867 67 AMERICAN RED CROSS Licenses,Permits,Fees Pool Lessons 194759 67 RAMIREZ,TIM AR Utility Water Enterprise Fund 194774 67 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 194376 66 WILS Conference Expense Recreation Administration 194814 66 FEDERAL SIGNAL CORPORATION Equipment Parts Emergency Preparedness 194515 65 KRAEMERS HARDWARE INC Small Tools Water Metering 194258 64 FSH COMMUNICATIONS LLC Telephone Round Lake 194709 64 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Operating 194808 62 COSTCO Operating Supplies Fire 194945 62 MENARDS Operating Supplies Street Maintenance 194779 61 SPRINT Telephone Engineering 194534 60 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 194560 60 PETERSON,MARJORIE Deposits Community Center Admin 194666 60 BCA/CRIMINAL JUSTICE TRAINING Tuition Reimbursement/School Police 194490 60 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 194337 59 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating 194431 59 BHATIA,ANUDEEP Accounts Receivable Community Center Admin 194934 57 LANO EQUIPMENT INC Equipment Parts Fleet Operating 194906 57 GINA MAMAS INC Operating Supplies Fire 194371 57 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 194569 56 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 194701 55 HABERLE,ROBERT Mileage&Parking Police 194941 55 MASS Conference Expense Recreation Administration 194988 54 SCHARBER&SONS Equipment Parts Fleet Operating 194215 53 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 194546 53 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 194429 53 BEN MEADOWS Clothing&Uniforms Water Treatment Plant 194239 52 CROWN MARKING INC Operating Supplies City Clerk 194247 51 EDEN PRAIRIE WINLECTRIC Operating Supplies Traffic Signals 194719 51 LINDAHL,DAVID Mileage&Parking Economic Development 194985 50 RENICK,BRIANNA M Deposits Escrow 194464 50 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 194209 50 SCHEDIN,JAMES C. Deposits Escrow 194210 50 SEVENICH,WENDY Deposits Escrow 194219 50 AXEN,ULRIKE Instructor Service Outdoor Center 194424 50 BAER,GLENN Refunds Environmental Education 194553 50 O'NEILL,KERRY Refunds Environmental Education 194599 50 STEINHOFF,KEITH Refunds Environmental Education 194610 50 THIELEN,JEFF Refunds Environmental Education 194882 50 CAREER SERVICES Tuition Reimbursement/School Police 194966 50 O'CONNELL,JAY Tuition Reimbursement/School Fire 195009 50 TAYLOR,JARED M Refunds Environmental Education 194229 50 BOYER TRUCKS Equipment Parts Fleet Operating 194715 47 KARLSON,JULIE OR GENE AR Utility Water Enterprise Fund 194556 46 OLSEN COMPANIES Supplies-General Bldg City Hall-CAM 194393 46 FLAHERTYS HAPPY TYME COMPANY Misc Non-Taxable Den Road Liquor Store 194993 46 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 194723 45 MCPA Dues&Subscriptions Police Check# Amount Vendor/Explanation Account Description Business Unit Explanation 194953 45 MINNESOTA CRIME PREVENTION ASS Dues&Subscriptions Police 195010 44 TESSCO INC Equipment Repair&Maint Public Safety Communications 194261 44 GINA MARIAS INC Operating Supplies Fire 194245 44 EDEN INCENTIVES&PROMOTIONS Employee Award Internal Events 194282 42 INNOVATIVE GRAPHICS Clothing&Uniforms Police 194525 40 MCGINTY,FRANK AND MARY Deposits Community Center Admin 194878 40 BOLD,PAULINE Instructor Service Outdoor Center 195018 40 USPCA REGION 18 Dues&Subscriptions Police 194816 39 GINA MARIAS INC Operating Supplies Fire 194317 38 OLSEN COMPANIES Equipment Parts Fleet Operating 194476 38 FORCE AMERICA Equipment Parts Fleet Operating 194922 36 IND SCHOOL DIST 272 Operating Supplies Police 194961 35 NETA Tuition Reimbursement/School Fitness Classes 194776 32 SHRED-IT Waste Disposal Community Center Maintenance 194374 30 WETLAND PROFESSIONALS ASSOCIA Dues&Subscriptions Storm Drainage 194391 30 BRW ENTERPRISES Wine Domestic Den Road Liquor Store 194778 29 SNAP-ON TOOLS Small Tools Fleet Operating 194975 28 POMP'S TIRE SERVICE INC Tires Fleet Operating 194802 27 XCEL ENERGY Electric Flying Cloud Off Leash Park 194322 25 PETRESCU,CATALIN Sales Tax Payable General Fund 194684 25 DREIER,CARISSA Clothing&Uniforms General Community Center 194661 24 AT&T MOBILITY Pager&Cell Phone Park Maintenance 194901 24 G&K SERVICES Clothing&Uniforms Utility Operations-General 194780 24 STAPLES ADVANTAGE Office Supplies Customer Service 194996 24 SNAP-ON TOOLS Small Tools Fleet Operating 194664 24 BATTERIES PLUS Equipment Repair&Maint Public Safety Communications 194475 22 FISCHER,TOM Operating Supplies Fire 194577 21 QUICKSILVER EXPRESS COURIER Operating Supplies Planning 194846 21 UPS Equipment Repair&Maint Public Safety Communications 194289 20 JOHNSON,MARY Dog Licenses General Fund 194420 20 ANDERSON,KENNETH Deposits Community Center Admin 194440 20 CABILLOT,AUDREY Deposits Community Center Admin 194442 20 CARLSON,JOHN R Deposits Community Center Admin 194452 20 COSSALTER,JESSICA Deposits Community Center Admin 194456 20 DAVID,ELROY Deposits Community Center Admin 194460 20 DILLEY,CHUCK Deposits Community Center Admin 194513 20 KINNANE,VALERIE Deposits Community Center Admin 194518 20 LARSON,ARVID Deposits Community Center Admin 194582 20 SACKETT,MARLIN Deposits Community Center Admin 194585 20 SCHNEIDER,KATHLEEN Deposits Community Center Admin 194633 20 WITTE,PAMELA Deposits Community Center Admin 194714 20 JRK SEED AND TURF SUPPLY Conference Expense Park Maintenance 195051 20 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 195052 20 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 194583 20 SCHARBER&SONS Equipment Parts Fleet Operating 194389 17 ZIRBES,PAUL Accounts Receivable Community Center Admin 194999 16 SOUTHWEST OUTDOOR POWER Operating Supplies Park Maintenance 194298 15 MASS Dues&Subscriptions Recreation Administration 194318 15 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Fleet Operating 194671 15 BUNCH,DENISE H Tuition Reimbursement/School Fitness Classes 194971 15 PERFECTION HEATING&AIR CONDI Cash Over/Short General Fund 194889 14 DENCHFIELD,MARY Accounts Receivable Community Center Admin Check# Amount Vendor/Explanation Account Description Business Unit Explanation 194885 13 COMCAST Operating Supplies Fire 194586 13 SCHUG,DIANA Accounts Receivable Community Center Admin 194743 13 PAULSEN,CAROLE Accounts Receivable Community Center Admin 194295 12 LOES OIL COMPANY Waste Disposal Fleet Operating 194863 12 ACHARYA,BHASKARA Accounts Receivable Community Center Admin 194768 12 SACHTSCHALE,DENNIS AR Utility Water Enterprise Fund 194252 12 FASTENAL COMPANY Operating Supplies Traffic Signals 194733 11 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 194530 10 MILES,SHARON Accounts Receivable Community Center Admin 194898 10 EVERETT,CAMILLE Accounts Receivable Community Center Admin 194362 10 UPS Equipment Repair&Maint Public Safety Communications 194588 9 SHERWOOD,MARLENE Accounts Receivable Community Center Admin 194861 6 A TO Z RENTAL CENTER Equipment Repair&Maint Fire 195039 5 AMJ CONSTRUCTION Org Athletic League Fees Volleyball 194873 4 BATTERIES PLUS Equipment Repair&Maint Public Safety Communications 194765 2 ROMANZI,CATHERINE Accounts Receivable Community Center Admin 6,410,326 Grand Total City of Eden Prairie US Bank Purchasing Card Report 11/20/09 Payment Amount Explanation Vendor Account Description Business Unit 35 US-Winter Theater Advertis PAYPAL INC Advertising Winter Theatre 70 US-Internal EventGift Cards TARGET Awards Internal Events 40 US-Awd/Recog-Bocce Leag. BIAGGI'S RISTORANTE ITALIANO Awards Bocce 170 US-Awd/Recog-Bocce Leag. APPLEBEE'S NEIGHBORHOOD BAR& Awards Bocce 40 US-UB Online Processing PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-UB-Recurr.Credit Cards PAYPAL INC Bank and Service Charges Utility Operations-General 25 US-Supplies MENARDS Building Materials Park Maintenance 421 US-Lake Stone/Cutter MENARDS Building Materials Park Maintenance 46 US-Concrete Mix MENARDS Building Materials Park Maintenance 53 US-Dog Training Repairs MENARDS Building Repair&Maint. Park Maintenance 38 US-Hockey Rink Repair MENARDS Building Repair&Maint. Park Maintenance 2,420 US-Sept'09 Bldg Surcharge DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 579 US-Squad Kit Cameras BEST BUY Capital Under$2,000 Police 67 US-Work Boots MUCK BOOT COMPANY Clothing&Uniforms Tree Disease 20 US-Boots for Spraying WALMART COMMUNITY Clothing&Uniforms Park Maintenance 2,137 US-TVMonitor for SCADA BEST BUY Computers Water Treatment Plant 69 US-Web-City Wide WEBEX.COM Computers IT Operating 120 US-IT KVM THERMAL TECHNOLOGIES INC Computers IT Operating 509 US-MFSCA-S.Koering-3day COMFORT SUITES Conference Expense Fire 55 US-Sunshine Fund FTD.COM Deposits Escrow 62 US-Sunshine Fund FTD.COM Deposits Escrow 65 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow -65 US-Sunshine Fund Credit BACHMANS CREDIT DEPT Deposits Escrow 49 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 60 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 55 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 59 US-Sunshine Fund FTD.COM Deposits Escrow 20 US-Personal Chrg Reimb. US BANK Deposits Escrow 145 US-Cancelled-Credit in Dec. US BANK Deposits Escrow 240 US-MN APA Membership AMERICAN PLANNING ASSOCIATION Dues&Subscriptions Planning 195 US-APA Membership AMERICAN PAYROLL ASSOCIATION Dues&Subscriptions Finance 752 US-Belts for G.V.Repairs FASTENAL COMPANY Equipment Parts Water System Maintenance 47 US-Sq Tube&SurfaceBolts HOME DEPOT CREDIT SERVICES Equipment Parts Fleet Operating 9 US-Maintenance Supplies HOME DEPOT CREDIT SERVICES Equipment Parts Fleet Operating 249 US-Chain Saw Parts/Suppl. SOUTHWEST OUTDOOR POWER Equipment Repair&Maint Park Maintenance 90 US-Chain Saw Parts SOUTHWEST OUTDOOR POWER Equipment Repair&Maint Park Maintenance 40 US-E-permit Web Security PAYPAL INC Equipment Repair&Maint IT Operating 4 US-Ceiling Vent Handle ACE TRAILER SALES Equipment Repair&Maint Park Maintenance 26 US-Rose Fence-Senior Ctr MENARDS Equipment Repair&Maint Park Maintenance 80 US-WeedFabric-WaterPlant HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Water Treatment Plant 25 US-Boiler License Renewal DEPARTMENT OF LABOR AND INDUST Licenses,Permits,Taxes Water Treatment Plant 365 US-Sept'09 Bldg Surcharge DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 23 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 96 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 113 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 37 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 24 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 10 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 15 US-Food for Café HOLIDAY STATION STORES INC Merchandise for Resale Ice Arena 23 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Ice Arena 154 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 26 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 26 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 16 US-Hard Drive Cables MICRO CENTER Miscellaneous IT Operating 5 US-Adapter/Video Storage MENARDS Miscellaneous IT Operating 38 US-Land Use-J.Jeremiah SENSIBLE LAND USE COALITION Miscellaneous Community Development Admin. 148 US-Council Workshop Food JIMMY JOHNS Miscellaneous City Council 11 US-Council Workshop Food JIMMY JOHNS Miscellaneous City Council 183 US-Council Workshop Food DAVANNI'S PIZZA Miscellaneous City Council 38 US-Land Use-J.Lotthammer SENSIBLE LAND USE COALITION Miscellaneous Parks Administration 38 US-Land use-Gene Dietz SENSIBLE LAND USE COALITION Miscellaneous Engineering 38 US-Land Use-Scott Neal SENSIBLE LAND USE COALITION Miscellaneous Administration 38 US-Double Charge SENSIBLE LAND USE COALITION Miscellaneous Administration 3 US-Glaze Mixing Supplies DOLLAR TREE STORES,INC. Miscellaneous Recreation Administration 83 US-LunchTour w/Bloomingt. CRUMB GOURMET DELI Miscellaneous Recreation Administration Amount Explanation Vendor Account Description Business Unit 167 US-Police Digital Recorder AMAZON.COM Miscellaneous IT Operating 26 US-Halloween/Fall Pies CUB FOODS EDEN PRAIRIE Office Supplies Community Center Admin 36 US-Halloween/Fall Decorat. BACHMANS CREDIT DEPT Office Supplies Community Center Admin 48 US-PlasticGiftCard Displays SEATTLE PLASTICS Operating Supplies Prairie Village Liquor Store 48 US-PlasticGiftCard Displays SEATTLE PLASTICS Operating Supplies Den Road Liquor Store 48 US-PlasticGiftCard Displays SEATTLE PLASTICS Operating Supplies Prairie View Liquor Store 18 US-Senior Center Supplies WALMART COMMUNITY Operating Supplies Senior Center Administration 1 US-Senior Center Movie REDBOX DVD Operating Supplies Classes/Programs/Events 210 US-Kitchen Spoons SUPERIOR PRODUCTS MFG CO Operating Supplies Senior Board 11 US-Chilli Cookoff Crackers TARGET Operating Supplies Internal Events 18 US-Chilli Cookoff Supplies DOLLAR TREE STORES,INC. Operating Supplies Internal Events 3 US-Supplies TARGET Operating Supplies Senior Center Administration 168 US-Aqua Guns/Pump Hose NORTHERN TOOL&EQUIPMENT Operating Supplies Street Maintenance 27 US-Glue for Park Signs NAPA AUTO PARTS Operating Supplies Park Maintenance 47 US-Working Charts BUREAU OF LAND MANAGEMENT Operating Supplies Emergency Preparedness 30 US-Fuel-Regional Meeting BIG CHIEF INC Operating Supplies Fire 71 US-MFSCA Confer.Motel AMERICINN Operating Supplies Fire 46 US-Fuel-Regional Meeting BIG DADDY'S Operating Supplies Fire 209 US-Open House Hot Dogs CUB FOODS EDEN PRAIRIE Operating Supplies Fire 32 US-MFSCA Confer.Lunch LITTLE ANGIE'S CANTINA Operating Supplies Fire 30 US-Press/Temp Gage MENARDS Operating Supplies Park Maintenance 8 US-Snap Spring MENARDS Operating Supplies Park Maintenance 4 US-Wire Splicer MENARDS Operating Supplies Park Maintenance 897 US-Skates for Rental SPORTS WORLD USA INC Operating Supplies Ice Arena 193 US-Supplies for Office OFFICEMAX CREDIT PLAN Operating Supplies Ice Arena 5 US-Instructor Apron TURNSTYLE Operating Supplies Recreation Administration 28 US-Hallow/Live Well Basket TURNSTYLE Operating Supplies Recreation Administration 27 US-Hallow/Live Well Basket DOLLAR TREE STORES,INC. Operating Supplies Recreation Administration 57 US-Hallow/Live Well Basket PARTY CITY Operating Supplies Recreation Administration 16 US-Hallow/Live Well Basket MICHAELS-THE ARTS&CRAFTS S Operating Supplies Recreation Administration 44 US-Winter Storage Boxes MENARDS Operating Supplies Park Maintenance 46 US-Clay Tools MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 3 US-Bucket for Mixing Glazes HOME DEPOT CREDIT SERVICES Operating Supplies Arts Center 9 uS-Printmaking Supplies MCAD ART CELLAR Operating Supplies Arts Center 93 US-Canvas Cover&Dowels MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 31 US-Canvas Cover&Tape MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 177 US-Scripts&Sound Effects SAMUEL FRENCH INC Operating Supplies Winter Theatre 53 US-Spooky Sat Decorations MARSHALLS FARM Operating Supplies Special Events(CC) 16 US-B-Day Party Supplies DOLLAR TREE STORES,INC. Operating Supplies Birthday Parties 70 US-B-Day Party Supplies S&S WORLDWIDE Operating Supplies Birthday Parties 158 US-Spooky Sat Give-A-Way ORIENTAL TRADING Operating Supplies Special Events(CC) 9 US-Spooky Sat Supplies OFFICEMAX CREDIT PLAN Operating Supplies Special Events(CC) 39 US-B-Day Party Supplies JO-ANN FABRICS Operating Supplies Birthday Parties 28 US-Spooky Sat Supplies PARTY CITY Operating Supplies Special Events(CC) 26 US-B-Day Party Supplies PARTY CITY Operating Supplies Birthday Parties 16 US-Spooky Sat Supplies PARTY CITY Operating Supplies Special Events(CC) 18 US-B-Day Party Supplies DOLLAR TREE STORES,INC. Operating Supplies Birthday Parties 119 US-B-Day Party Supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Birthday Parties 200 US-B-Day Party Supplies S&S WORLDWIDE Operating Supplies Birthday Parties 168 US-Play Care Supplies S&S WORLDWIDE Operating Supplies Day Care 18 US-Spooky Sat Supplies TARGET Operating Supplies Special Events(CC) 16 US-Spooky Sat Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Special Events(CC) 32 US-Spooky Sat Supplies PARTY CITY Operating Supplies Special Events(CC) 6 US-Spooky Sat Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Special Events(CC) 32 US-B-Day Party Supplies TARGET Operating Supplies Birthday Parties 64 US-B-Day Party Supplies TARGET Operating Supplies Birthday Parties 51 US-B-Day Party Supplies WALMART COMMUNITY Operating Supplies Birthday Parties 49 US-B-Day Party Supplies SMILE MAKERS Operating Supplies Birthday Parties 71 US-Sandhill Crane Trip BYERLYS Operating Supplies Outdoor Center 18 US-Halloween Prog Supplies MARSHALL'S GARDENS Operating Supplies Outdoor Center 154 US-MEA Trip Supplies TARGET Operating Supplies Special Events&Trips -72 US-Disney on ice Refund MINNESOTA WILD Operating Supplies Special Events&Trips 51 US-Disney on Ice MINNESOTA WILD Operating Supplies Special Events&Trips 107 US-Halloween on the Mall SBARRO Operating Supplies Halloween Party 56 US-Sno-Costume Party RAINBOW FOODS INC. Operating Supplies SC-Teen Programs 44 US-Sno-Costume Party PARTY CITY Operating Supplies SC-Teen Programs 29 US-Fit Kids Club Videos JAMIN-JO PRODUCTIONS Operating Supplies Day Care 21 US-Fit Kids Club Videos FITNESS BEGINNINGS Operating Supplies Day Care 21 US-GOTR Snacks WALMART COMMUNITY Operating Supplies Girls on the Run Amount Explanation Vendor Account Description Business Unit 119 US-Music for Group Fitness POWER MUSIC INC Operating Supplies Fitness Classes 21 US-GOTR Snacks WALMART COMMUNITY Operating Supplies Girls on the Run 67 US-Spooky Saturday Event TARGET Operating Supplies Special Events(CC) 680 US-Fall Festival Food ANNIE'S CAFE Other Contracted Services Classes/Programs/Events 17 US-Fall Festival Food ANNIE'S CAFE Other Contracted Services Classes/Programs/Events 9 US-Charitable Giving Suppl CUB FOODS EDEN PRAIRIE Other Contracted Services Organizational Services 110 US-Rewards for Giving CULVER'S Other Contracted Services Organizational Services 225 US-Rewards for Giving TARGET Other Contracted Services Organizational Services 50 US-Rewards for Giving TARGET Other Contracted Services Organizational Services 50 US-Rewards for Giving BEST BUY Other Contracted Services Organizational Services 340 US-MN Realtors Mem.Dues MNCAR Other Contracted Services Economic Development 385 US-MN NAIOP Renewal NAIOP Other Contracted Services Economic Development 99 US-Real Estate Conference LBP*REALESTATECOMMGRP Other Contracted Services Economic Development 79 US-Play Care Team Train. DAVANNI'S PIZZA Other Contracted Services Special Events(CC) 30 US-SpookySat Volun.Treats EDEN PRAIRIE COMMUNITY CENTER Other Contracted Services Special Events(CC) 448 US-GraphicsProduct-Ed Ctr PICTURA GRAPHICS Other Contracted Services Environmental Education -58 US-Sept'09 Bldg Surcharge DEPT OF LABOR&INDUSTRY Other Revenue General Fund 122 US-Sept'09 Bldg Surcharge DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund 148 US-Registration Form Print. FEDEX Printing Recreation Administration 152 US-Curb Stop Program FEDEX Printing Water System Maintenance 44 US-Birthday Party Candy TARGET Recreation Supplies Arts Center 30 US-Tot-Gym Time Supplies ONCE UPON A CHILD Recreation Supplies Gymnasium(CC) 31 US-Tot-Gym Time Supplies ONCE UPON A CHILD Recreation Supplies Gymnasium(CC) 50 US-Shop Suipplies NORTHERN TOOL&EQUIPMENT Repair&Maint.Supplies Sewer System Maintenance 891 US-Gas for Welders/Tanks TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Sewer System Maintenance 68 US-Leak Repair WaterHose HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 3 US-Irrigation Repairs MENARDS Repair&Maint.Supplies Park Maintenance 30 US-Wheels for Snow Brush MENARDS Repair&Maint.Supplies Water Treatment Plant 937 US-Lifeguard Supplies LIFEGUARD STORE INC,THE Safety Supplies Oak Point Operations 879 US-Aluminum Welder Parts TOLL GAS AND WELDING SUPPLY Small Tools Sewer System Maintenance 38 US-Pick Handles MENARDS Small Tools Sewer System Maintenance 8 US-Blog TIGER TECHNOLOGIES Software IT Operating 82 US-Lunch N Learn KOWALSKI'S MARKET Special Event Fees Classes/Programs/Events 26 US-Fall Festival-Food Items CUB FOODS EDEN PRAIRIE Special Event Fees Classes/Programs/Events 520 US-Senior Trip Tickets CHASKA VALLEY FAMILY THEATRE Special Event Fees Trips 54 US-Lunch N Learn KOWALSKI'S MARKET Special Event Fees Classes/Programs/Events 82 US-Disney on Ice Tickets MINNESOTA WILD Special Event Fees Special Events&Trips 668 US-Bowling Trip Admission BRUNSWICK BOWLING LANES Special Event Fees Special Events&Trips 315 US-MEA Trip Food CHUCK-E-CHEESE Special Event Fees Special Events&Trips 79 US-Irrigation Clock AT&T MOBILITY Telephone Park Maintenance 28 US-Snacks-LEEP Training CUB FOODS EDEN PRAIRIE Training Supplies Organizational Services 131 US-Training Materials PAYPAL INC Training Supplies Police 169 US-IDEA Membership IDEA HEALTH&FITNESS Tuition Reimbursement/School Fitness Classes 159 US-ACE Certification AMERICAN COUNCIL ON EXERCISE Tuition Reimbursement/School Fitness Classes 15 US-Fitness Roundtable MINNESOTA RECREATION&PARK AS Tuition Reimbursement/School Fitness Classes 440 US-Traini.Class-Cyber Cop COMFORT INN Tuition Reimbursement/School Police 408 US-Train.Class-R.Gulden HOLIDAY INN Tuition Reimbursement/School Police 77 US-Motel-InternalAffairsClass COUNTRY INN&SUITES Tuition Reimbursement/School Police 26,311 Report Total CITY COUNCIL AGENDA DATE: SECTION: Reports of the City Manager February 16, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Scott H. Neal, City Manager Cummins-Grill Homestead Lease Requested Action Move to: Move to approve a lease agreement with the Eden Prairie Historical Society for the Cummins-Grill Homestead property. Synopsis At the July 21, 2009, Council Workshop, the Council gave direction to City staff to enter into a dialogue with the Eden Prairie Historical Society(EPHS) regarding the future of the Cummins- Grill Homestead(CGH). That dialogue evolved into a discussion about the prospect of the City leasing the CGH property to the EPHS. That discussion evolved into a lease negotiation process that produced the lease agreement that you will consider approving at your February 16, 2010, Council meeting. The proposed lease agreement seeks to change the relationship between the City and the EPHS regarding the maintenance and programming of the CGH. Currently, the City is responsible for capital improvements and normal maintenance of the CGH building and property. The City is also responsible for programming the building. The EPHS uses the CGH facility for occasional meetings and assists the City with programming. The City's priority for making capital improvements to the building and creating programming for the property is clearly lower than what the EPHS would like it to be. This can put us into conflict with the EPHS over the care and use of the property. The lease agreement addresses this issue by changing the roles and responsibilities of the City and the EPHS at the CGH. For example, the EPHS will assume the responsibility for programming, including promotion and marketing, for the CGH. The City will continue to coordinate with the EPHS about programming the site, but the lease provides final authority on programming to the EPHS. The agreement also changes the responsibility for normal maintenance of the CGH. The CGH will remain public property under the proposed lease, but normal daily maintenance duties will be assumed by the EPHS. The City will provide maintenance tools and materials, but the EPHS will be responsible for implementation. The lease requires the City to maintain the foundation, slab, exterior walls and roof and to provide basic utilities to the property to insure that it does not degrade, which is a federal historic preservation requirement the City cannot transfer to a third party. Perhaps the most significant change in roles is in the area of capital improvements. The lease provides authority for the EPHS to seek and fund capital improvements to the CGH,provided the improvements meet the historic preservation guidelines for the CGH and they are approved by the City. This change of role is intended to empower the EPHS to seek grants and raise private funds for improvements they desire for the CGH. The proposed lease agreement requires the EPHS to provide reasonable public access to the CGH; to care for the property in a manner that is consistent with national, state and local historic preservation guidelines; to provide for their own property and casualty insurance for their own property inside the CGH; and to consult with the City before making physical changes to the property. The proposed lease allows the EPHS to rent the facility to private parties for meetings and events. The lease also allows the EPHS to sublease a portion of the CGH. Both of these provisions are designed as means for the EPHS to generate income that they will use to maintain the CGH. The lease does not include the out-buildings around the CGH or much of the landscape surrounding the building itself. Attachment Lease Minutes of the July 21, 2009, Council Workshop LEASE AGREEMENT FOR USE AND IMPROVEMENT OF THE CUMMINS-GRILL HOUSE This Lease Agreement is a made as of the day of February, 2010 by and between City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota ("City"), and Eden Prairie Historical Society, a non-profit corporation organized under and pursuant to Minnesota Statutes, Chapter 317, and presently governed by Minnesota Statutes, Chapter 317A ("EPHS"). WHEREAS it is the goal of this Lease Agreement to provide community use of the Cummins- Grill House (House) and Grounds (collectively referred to herein as CGH) located at 13600 Pioneer Trail, Eden Prairie, Minnesota and to protect and preserve the historic integrity of the CGH through this Lease Agreement between the City of Eden Prairie and the Eden Prairie Historical Society. The Grounds are identified on the attached Exhibit A. WHEREAS EPHS was designated by City in Resolution 977 as the official body for City for the purpose of collecting historical information and artifacts and the dissemination and publication of historical information relating to the history and development of Eden Prairie. WHEREAS the CGH was added to the National Registers of Historic Places in 1982. WHEREAS City and EPHS desire to enter into this Lease Agreement whereby EPHS leases the CGH from City for the purpose of maintaining public access to the CGH through historically related programming and educational tours and for other events sponsored by the EPHS. NOW THEREFORE, the parties mutually agree: 1. Term; Rent. City hereby leases CGH for a term of ten (10) years commencing on , 2010, and terminating on , 2020 unless extended or sooner terminated as hereinafter provided. EPHS shall pay to City as and for Base Rent for the CGH annual rental of$1.00 per year. Said annual rental shall be paid in advance on the first day of each year during the term of this Agreement at the address of the City as hereinafter set forth or such other place as the City may, from time to time, designate in writing, commencing on the 1st day of , 2010. All other obligations of EPHS hereunder shall be paid in addition to the rental established by this section. 2. Use of CGH. a. Subject subparagraph 2 (b), EPHS may use the CGH for the purpose of maintaining public access to the CGH through historically related programming and educational tours and other events sponsored by the EPHS. EPHS use of the CGH shall at all times be consistent with and in support of the historical nature of the CGH. The EPHS will provide all programming supplies for programs under its direction or the direction of others, including tools and amenities such as food preparation equipment, cleaning supplies, brooms, pitchers, coffee makers, etc. The EPHS shall control catering and food use inside the CGH. The EPHS may enter into agreements with other persons or entities for the use of the CGH provided such use is in furtherance of the EPHS's purpose of maintaining public access to the CGH through historically related programming and educational tours. Subject to written approval of City, which approval is within the sole discretion of City, EPHS may rent the CGH for special events such as private meetings or social gatherings so long as the rental income derived by EPHS is used to support the operations and programs of the EPHS. EPHS shall not perform any acts or carry on any practices which may injure the CGH. No event shall be held by or through EPHS at which it is anticipated that more than 30 people will attend on a date on which City has scheduled an event at the Staring Lake Park without prior written permission from City. b. The area of the Grounds available for use by EPHS pursuant to this Lease is identified on Exhibit A. The outbuildings are not included in the area available for use by the EPHH. The Grounds are subject to management by City pursuant to that certain Cultural Landscape Management Plan dated 2009, as the same may be amended from time to time. The EPHS's use of the Grounds shall not damage or interfere with the development or establishment of the Cultural Landscape Management Plan. No personal property shall be stored or placed on the Grounds without the prior written consent of City. 3. Promotion and Marketing: EPHS will comply with all city, state and federal laws, codes and ordinances when displaying or distributing marketing and promotional materials. EPHS will be responsible for the design and production of promotional and marketing materials. City may display EPHS promotional materials where possible and appropriate. EPHS will provide program information to the City for possible inclusion in City produced and distributed promotional materials. 4. Exclusive Lease: This lease to EPHS is exclusive. EPHS will control access to and use of the CGH subject to the terms of paragraph 14 hereof. 5. Building Contents: EPHS shall provide all furniture, fixtures, interior finishing items and equipment in the CGH. 6. Insurance: City shall, subject to the consent of its insurer, continue to list the CGH in its "Schedule of Covered Property" on its Comprehensive Municipal Property and Casualty Coverage insurance policy. City shall also request that its insurer adds EPHS, its members, officers, and volunteers as either an additional insured or confirm that they are a "covered party" under its Comprehensive Municipal Coverage. EPHS shall name City as an additional insured on any property and casualty coverage and comprehensive liability insurance policy it obtains. 7. Alteration or Improvement of CGH. EPHS may not alter, renovate or improve the CGH without the prior written consent of City. Any alterations, additions and improvements which may be made or installed by the EPHS shall remain upon the CGH and at the termination of this Lease shall be surrendered with the CGH as a part thereof EPHS will finance and pay for capital improvements to the CGH which are compliant with standards for treatment of historic properties adopted by the U.S. Department of Interior codified in 36 CFR Part 68, as may be amended from time to time. City will cooperate with EPHS on approved capital improvement projects desired by EPHS, but City will not be required to contribute monetarily to such improvement projects. EPHS agrees it will during the time any alterations or improvements are being made to the CGH carry public liability insurance and workmen's compensation insurance in accordance with applicable laws and will indemnify and save City harmless from any and all liens for labor, materials and supplies which may arise by reason of such alterations or improvements made by EPHS. 8. Maintenance, Repair, Replacement. The City will maintain the foundation, slab, exterior walls, roof, downspouts and gutters and structural elements of CGH in good repair, ordinary wear and tear excepted, and compliant with local building and occupancy codes, consistent with property management practices for other City owned historic buildings. CGH shall maintain all other elements of the CGH. The City will provide housekeeping custodial supplies to the CGH. EPHS will provide light maintenance and custodial duties in CGH. 9. Utilities and Services: The City will provide the CGH with lawn care, snow removal, landscaping and utilities services (water, sewer, electricity, trash collection & disposal, natural gas, telephone, internet) at no cost to EPHS, as long as those utilities are extended to the property. Landscaping shall be performed pursuant to the City's Cultural Landscape Management Plan on file in the office of the Director of Parks and Recreation. City shall not be liable in damages or otherwise for failure to furnish such services where failure or interruption is due to causes beyond City's reasonable control. 10. Surrender and Termination. On the last day of the term of this Lease or on the sooner termination hereof, the EPHS shall peaceably surrender the CGH in good condition and repair, ordinary wear and tear excepted, consistent with the EPHS's duties to make repairs as provided in Section 8 hereof. 11. Eminent Domain. If the whole or any part of the leased CGH shall be taken by any public authority under the power of eminent domain, or is sold to any entity having the power of eminent domain under threat of condemnation, then the term of this Lease shall cease on the date possession shall be required for any public purpose. 12. Fire or Other Casualty. If the CGH is wholly or partly destroyed or damaged by fire or other casualty, the EPHS shall have the right to terminate this Lease, provided it given written notice thereof to the City within ninety(90) days after such destruction. 13. Default. If the EPHS shall default in the payment of any installment of Base or Additional Rent, or in the observance or performance of any of EPHS's other covenants, agreements or obligations hereunder, more than thirty (30) days after forwarding written notice of such default to EPHS, in the manner provided for herein, if such default shall not have been cured by EPHS, City shall have the right, upon the expiration of fifteen (15) days after written notice of such intent is given to EPHS, to (i) terminate this Lease, in which event the Term hereof shall expire and terminate with the same force and effect as though the date set forth in said notice were the date originally set forth herein and fixed for the expiration of the Term, and/or(ii)re-enter the CGH and remove all persons and property therefrom and have, regain, repossess and enjoy the CGH, anything herein to the contrary notwithstanding, and EPHS hereby expressly waives the service of any additional notice in writing of intention to reenter as aforesaid, and also all rights to restoration to possession of the CGH after reentry or after judgment for possession thereof. In case of any such termination, EPHS will indemnify City against all loss for rents, storage costs for EPHS property removed from the CGH and other damages which it may incur by reason of such termination during the residue of the term of this Lease, and also against all fees and disbursements of counsel incurred in enforcing any of the terms of this Lease. 14. City Access to CGH. City reserves the right to enter the CGH upon reasonable notice for the purpose of assuring compliance by EPHS of all of the terms and provisions herein contained or for the purpose of exercising rights of City otherwise provided by law. 15. Assignment or Subleasing. Except as allowed in paragraph 2 EPHS may not sublease the CGH or assign this Lease without the prior written consent of City provided however in the event City grants its consent, no such subletting or assignment shall relieve the EPHS of its duties and obligations hereunder. 16. Renewal. This Lease shall not automatically renew. Prior to the expiration of this Lease City and EHPS may enter into an agreement for renewal of this Lease upon such same terms and conditions are agreed to at the time. 17. Subordination. The EPHS agrees that at City's election this Lease shall be subordinate to any indenture, land lease, mortgages or trust deeds, or other form of security encumbrance now on or placed on the CGH and to any and all advances to be made thereunder, and to the interests thereon, and all renewals, replacements, and extensions thereof. The EPHS hereby appoints the City as its attorney-in-fact to execute such documents as may be required to accomplish such subordination. 18. Amendment, Modification, or Waiver. No amendment, modification, or wavier of any condition, provision or term of this Lease shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by its duly authorized representative, and specifying with particularity the extent and nature of such amendment, modification, or waiver. Any waiver by any party of any default or another party shall not affect or impair any right arising from any subsequent default. 19. Severable Provision. Each provision, section, sentence, clause, phrase, and word of this Lease is intended to be severable. If any provision, section, sentence, clause, phrase or work hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Lease. 20. Entire Agreement. This Lease contains the entire understanding of the parties hereto with respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. No representations, warranties, undertakings, or promises, whether oral, implied, written, or otherwise, have been made by either party hereto to the other unless expressly stated in this Lease or unless mutually agreed to in writing between the parties hereto after the date hereof, and neither party has relied on any verbal representations, agreements, or understandings not expressly set forth herein. 21. Captions, Headings or Titles. All captions, headings, or titles in the sections of this Lease are inserted for convenience or reference only and shall not constitute a part of this Lease as a limitation of the scope of the particular sections to which they apply. 22. Governing Law. This Lease shall be construed and enforced in accordance with the laws of the State of Minnesota. 23. Force Majeure. If the EPHS or City shall be delayed, or hindered, or prevented from the performance of any act required hereunder by reason of riots, insurrection, war, or acts of God, then performance of the act shall be excused for the period of delay, and the period for performance shall be extended for a period equivalent to the period of delay. 24. Notices. Every notice, approval, consent or other communication authorized or required by this Lease, shall be effective if given in writing and sent by United States registered or certified mail, return receipt requested, with postage pre-paid, and addressed to City or EPHS at the following addresses or such other addresses as either party may, from time to time, designate in writing. Any such notice shall be deemed given as of the date of the postmark thereof. If to City: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 If to EPHS: Eden Prairie Historical Society Eden Prairie, MN 55344 IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written. CITY: CITY OF EDEN PRAIRIE By Its Mayor By Its City Administrator EPHS: EDEN PRAIRIE HISTORICAL SOCIETY By Its By Its P:\Home\1610.001-EP-Community Development-Planning-General\Historical Society Agreement 2009\Historical Society Lease Agreement 2010 02 10 revised by RFR.doc Cummins/Grill Homestead 13600 Pioneer Trail Exhibit A -_..- - - --- --- ----- -,-,.;r-::.-=,-: --'s.---:::-•-•'\:`,,:•\,;:•.. --::::-,:= •V-i:',...-..la .' -- --_-_-_"_- - ---- ---., \ 0----.,,- : --_ '--I- -.Trw__--.'-::...,--.-1:--, •:: ..-,F,,:_•-•:: 1:--- 0 '-------_:"..-----''..•-:-..7-z 0.-:.-.-_-_, :::-..,,-,;--:,,':.-_ ,,Te.--E-it.,-_-,, 0 0 — ---._ . ----,.:'.- ±---„-r--."-- .1.---.: 4 /----/- lio ;----- --7----4-.7.7.- - ' ----'--- --- -—42,11,,.. ,-,'-:-..•_A • -'''-'-,--' .„•1=. / -, :•------ '.r----1.:,-.:'-': -) 0 / ,—., ,-,-/_ m el'-'',-=::.,-,:•-::-",:---.4,"--,-,- c.:',' i• , --- fr ,/0 vfr 11, , 7-._•--... ...:,-.-,,..,*--_.1 7,1--, --:-------,--..._- -,,o, o------ : : ' '-',, ,, 7.Y, - - --4 , 9 1, --r_'_• AigH' , , ,. f,C.r.,-'7'.,'1,----,,,, i •'kt '',U r--, l'- 1 ,,,,: r i 7. 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Property Use Area Boundary , 11 I Engineering Surveying Landscape Architecture HANSEN THORP PELLIE4EN OL$ON,no. 7319 W..33I•99 7399•.e n 9../4 W395931 91.353933130•5•121-133371230133 9 APPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JULY 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, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. JOINT MEETING WITH THE EDEN PRAIRIE HISTORICAL SOCIETY A. Adaptive Use Study City Manager Scott Neal reviewed the timeline for the Cummins House use study and discussions. The Reuse Study began in December 2006 and the final report was approved by the Heritage Preservation Commission in July 2007. The City Council accepted the Reuse Study in July 2008. Possible uses for the house identified in the study include hospice, office,residential and horticulture. In late 2008, the Eden Prairie Historical Society approached the City Council about the possibility of leasing the site or entering into a cooperative agreement with the City. At the May 19, 2009, Council meeting it was determined that a lease arrangement similar to the one the City has with Camp Edenwood would not work for the Historical Society at the Cummins House. The Historical Society requested tonight's workshop to present a new proposal to partner with the City on renovation and programming the Cummins House. B. Current Operations and Capital Costs Parks &Recreation Director Jay Lotthammer presented a breakdown of the City's costs for upkeep of the house, which are expected to be just under$15,000 for 2009. C. Current Programming Lotthammer also reviewed current programming at the house, which includes Arts in the Garden, Cummins House Christmas, Heirloom Plants in the Garden, and monthly Historical Society Open Houses. Potential programs include Senior Teas and Watercolor in the Garden art classes. Lotthammer reviewed the site plan that shows how the Pioneer Trail,baseball field and parking location reconstruction projects will impact the site. City Council Workshop Minutes July 21,2009 Page 2 D. Eden Prairie Historical Society Proposal Kathie Case, President of the Historical Society, introduced her fellow board members: Jan Mosman(Vice Presdient), Betsy Adams, Aubrey Hookum, Kim Carlander, Reuel Long, Bob Pemberton and Arlene Marshall. She noted that Jim Clark is also a board member, but was not able to attend the meeting. Mosman distributed articles from the local newspaper about history-related activities and letters from community members supporting the Cummins House. Case said both Boy Scout and Girl Scout troops have donated time to upkeep of the site and participate in events at the house. She said the house is also used for community theatre productions and the peony garden is a local attraction. Case said Mrs. Grill offered the home, which was built in 1879, to the City in the 1970s for use as a park. The site was added to the National Historic Registry in 1979. Volunteers have help restore much of the first floor of the house. Case said the Historical Society is proposing the Cummins House be used as a multi-purpose community space. She said the Historical Society is willing to help raise grants to pay for restoration of the house. She said the Historical Society has a donor who is willing to match grants,but there is a deadline by which the donor needs to know if an agreement with the EPHS will be approved by the City. Case said up to $22 million in Legacy Grant grant funds will become available for projects like the Cummins House beginning in September. She said the EPHS needs to know very soon whether or not the City supports their proposal. The Historical Society has asked the Eden Prairie Foundation to act as their financial agent. Eden Prairie Foundation President Nancy Tyra-Lukens said the foundation does not meet in the summer, so they have not discussed the proposal yet. However, she said the Foundation has supported the Historical Society and the Cummins House in the past and she expects they will continue to do so. She said the house would be an ideal meeting place for the Foundation Board. Case said the EPHS does not believe in mothballing historic buildings. She said they envision the Cummins House serving as a community meeting space, a possible office space for the Eden Prairie Foundation and other non-profit organizations, and a venue for expanded historic and recreational programming. She said the City could also use it as a rental space for weddings and other events. Case said the Historical Society is willing to coordinate restoration of the house and oversee its use. Restoration projects the Eden Prairie Historical Society would apply grant money toward include: • Extending electrical service to the second floor • Adding sprinklers tthe building • Enhancing accessibility City Council Workshop Minutes July 21,2009 Page 3 • Upgrading the flooring • Replastering several rooms Mosman said the home itself is very well built and most proposed improvements are largely cosmetic. E. Discussion Mayor Young said he is unclear exactly what the Historical Society is asking for asked who would be in charge of the site under their proposal. Case said the Historical Society is proposing creation of a task force that would include City staff members, Historical Society members, a Heritage Preservation Commission member, and interested citizens. The task force would apply for grants, oversee restoration and coordinate programming. Young noted that this is not one of the uses recommended in the Reuse Study,but he does not have a problem with that. Betsy Adams, the Heritage Preservation Commission Representative on the Historical Society Board, said the Heritage Preservation Commission has never endorsed sale of the house. She said she considers the Reuse Study a safeguard that outlines acceptable uses in the event the house is sold or leased at some future time. She said the Historical Society seeks to add to what the City currently does at the house. Mayor Young asked if the Historical Society is interested in buying the property. Case said they are not interested in buying it. She said Historical Society bylaws would not permit it. Mosman said the Historical Society needs the City as a partner in order to obtain grants. She said the Historical Society has a donor who is willing to provide matching funds under certain circumstances. Case said they need to begin getting estimates very soon in order to apply for Legacy Grant funds. She said the Historical Society is willing to clean the home and help maintain the garden. Council Member Aho asked who would manage the renovation projects. Case said the Historical Society would manage the work in conjunction with the task force. Council Member Nelson asked if the new parking lot would be adequate. Neal said he believes it will be sufficient. Council Member Case said for 33 years, City Councils have voted to buy,preserve and support the Cummins House. He said the Historical Society Proposal shows a way to keep the house open without burdening residents. He said the City needs a group like the Historical Society to help leverage grants and donations. Young said he would like to see the Historical Society achieve its goals without tying up the time of two department directors and a facilities manager. He said he favors ceding more control to the task force, rather than less. City Council Workshop Minutes July 21,2009 Page 4 Mosman said City staff would not actually be members of the task force,but would be kept inform of activities. She said she has started drafting an agreement and would like to work with the City on finalizing it. Nelson asked if there is some action the Council can take tonight to show general support of the Historical Society proposal so they can proceed with grant applications that have a tight deadline. Mayor Young said he feels it is more important to do this right rather than quickly. Neal said the City has agreements with a variety of community organizations that could be used to help create an agreement with the Historical Society. Chamber II. OPEN PODIUM A. Nancy Arieta 1. Mulching Trees - Arieta suggested the City distribute information on proper mulching of trees. 2. Greenery—Arieta said she likes the look of the tall grasses and vetch, and encouraged the City to let more areas grow instead of mowing them. 3. Windsor Plaza—Arieta said the building is an eyesore and should not have been approved by the Planning Commission and City Council. 4. Channel 16 Programming—Arieta complimented the Life on the Prairie show on Channel 16. 5. LRT Planning—Arieta said she is surprised a station planning meeting is scheduled when the final alignment has not yet been determined. III. ADJOURNMENT CITY COUNCIL AGENDA DATE: SECTION: Report of the Community Development Director February 16, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. XIV.C.1. Community Development: Puregrace Lease Amendment—Dunn Bros Janet Jeremiah/David Lindahl Smith Douglas More Property Requested Council Action: Move to: Approve the first amendment to the lease between the City of Eden Prairie and Puregrace LLC at the Smith-Douglas-More Property located at 8107 Eden Prairie Road. Synopsis: Puregrace LLC, the tenant of the Smith Douglas property and operator of Dunn Bros, is proposing to expand some of the retail activities at the property. Before this can happen, amendments to the existing Conditional Use Permit and lease need to be considered and approved by the City Council. The proposed expanded retail activities inside the building are as follows: Sale of coffee, sandwiches, and pastries Sale of packaged cookies, food, candy, tickets and similar items by non-profit youth organizations Birthday and anniversary parties Sale of wrist bands Sale of art Photographer Sale of photos Sale of antiques Sale of books Wedding receptions Sale of signs Sale of T-shirts Sale of wine and beer Live music Sale of CD's Sale of ice cream Sale of clothing Office space Proposed activities outside the building include: Farmer's Market—fruits, vegetables, flowers,bakery items, and Christmas trees Wedding receptions Antique Fair Treasure Hunt Background: The Smith Douglas More property was purchased by the City in 1981 for the purpose of preserving it as a historical structure. A major renovation of the property was completed by the City in 2002 to accommodate a Dunn Bros Coffee which has been leasing property ever since. Attachments: First amended lease FIRST AMENDMENT TO LEASE THIS FIRST AMENDMENT TO LEASE(the"Amendment")is made this—day of February,2010 between THE CITY OF EDEN PRAIRIE("Landlord"),and Pure Grace,LLC,an Minnesota limited liability company("Tenant"). WHEREAS, Landlord and Tenant are parties to that certain Lease with Lease Reference Date of January 1, 2009, for Premises located at 8107 Eden Prairie Road, City of Eden Prairie, Minnesota, consisting of approximately Three Thousand Three Hundred Twenty Seven(3,327)square feet(the "Lease"); and WHEREAS, Tenant requests and Landlord agrees that Tenant shall have the right to use the Premises for uses as specified herein in addition to "Coffee Shop"; and WHEREAS,Landlord and Tenant mutually desire to modify the Lease on the terms and conditions set forth herein. NOW,THEREFORE,in consideration of the foregoing and other good and valuable consideration, Landlord and Tenant hereby amend the Lease as follows: 1. The Reference Page is amended to amended USE to the following: "Coffee Shop and uses identified in Section 5.1 hereof." 2. The Section 5.1 is hereby deleted in its entirety and replaced with the following: 5.1 Tenant shall in good faith continuously throughout the Term of this lease conduct and carry on in the entire Premises under Tenant's Trade Names following permitted uses, activities and businesses(hereinafter referred to as"Permitted Uses")and shall not conduct or carry on any other use, activity or business without the prior express written consent of Landlord. 5.1.1 "Permitted Uses" inside the building are as follows: 5.1.1.1 Sale of coffee, sandwiches, and pastries 5.1.1.2 Sale of packaged cookies, food, candy, tickets and similar items by non-profit youth organizations. 5.1.1.3 Sale of wrist bands 5.1.1.4 Sale of art 5.1.1.5 Photographer 5.1.1.6 Sale of photos 5.1.1.7 Sale of antiques 5.1.1.8 Sale of books 5.1.1.9 Wedding receptions 5.1.1.10 Sale of signs 5.1.1.11 Sale of T-shirts 5.1.1.12 Birthday and anniversary parties 5.1.1.13 Sale of wine and beer 5.1.1.14 Live music 5.1.1.15 Sale of CD's 5.1.1.16 Sale of ice cream 5.1.1.17 Sale of clothing 5.1.1.18 Office space 5.1.2 "Permitted Uses"outside the building are as follows: 5.1.2.1 Wedding receptions 5.1.2.12 Antique Fair Treasure Hunt 5.1.2.3 Farmer's Market—fruits, vegetables, flowers, bakery items, and Christmas trees 5.1.3 All Permitted Uses carried on outside the building shall be limited to and conducted within the 2,700 sq.ft.area as depicted in Exhibit D. 3. This Amendment may be executed in counterparts and shall be effective when all parties have executed a copy of this Amendment. A copy of this Amendment bearing an original signature shall constitute a counterpart, and all such counterparts shall,taken together,constitute one and the same Amendment. It is the parties=desire to immediately confirm and communicate their respective signatures on this Amendment. It is agreed that a facsimile copy of a signed signature page of a counterpart Amendment shall evidence and constitute valid execution of this Amendment and shall be binding on a party to the same extent as the original signature counterpart copy. 4. All other terms of the Lease remain unchanged and in full force and effect. IN WITNESS WHEREOF,Landlord and Tenant have caused this Amendment to be executed as of the date set forth below. LANDLORD: TENANT: CITY OF EDEN PRAIRIE PURE GRACE, LLC By: By: Phil Young, Its Mayor Its: By: Scott H. Neal, Its City Manager P:\Home\1610.487-More House\Documents\Drafts\Amendment to Lease 2010 02 02 v3.doc EXHIBIT D I. ir di ove• el Pr . 4°-'. , • mo. _ t M ... -0 1 40.- 0 U.a ..,.... 11. Fb 1:‘11. 4 , . , •:. L de Area �I I 4vlsIVO Square Feel - y lilt ++te�r e . +y C . ..0.rilieti 11 r s ilik to i Smtth-Douglas More House N Exhibit A 8107 Eden CUPAmendment rie Road 2010-Cl 0 15 30 60 Feel I l l l l l i l { CITY COUNCIL AGENDA DATE: SECTION: Report of the Director of Community Development February 16, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.C.2. Community Code Amendment 11.05 Development/Planning Heritage Preservation Sites Janet Jeremiah Requested Action: No action required by the council. Synopsis: During a Council workshop regarding Camp Edenwood, the Council expressed some interest in allowing certain minor changes to Heritage Preservation sites to be approved administratively. Part of the 2009 approved Work Plan for the Heritage Preservation Commission was to review the code on Heritage Preservation Sites (adopted 1990) and determine if amendments should be made. On December 21, 2009 the Heritage Preservation Commission completed its review of a draft ordinance and forwarded its recommendation to the Planning Commission. On January 25, 2010 the Planning Commission held a public hearing and recommended approval of the amendments as proposed by the Heritage Preservation Commission. Before scheduling a public hearing with the City Council, staff wanted to present a summary of the proposed changes. Summary of Changes 1. Definitions—The current code has 2 definitions. The proposed code has 25 definitions. The current code lacks the basic definitions that are commonly used in the area of heritage preservation. The definitions also need to be consistent with federal definitions. 2. Permit Process—The current process requires Heritage Preservation, Planning Commission, and City Council approval before any changes can be made to the exterior of a building. The proposed change would allow minor amendments to be reviewed by staff 3. Removal of a Heritage Preservation Site—The code does not have a process for this. This is needed in case a building is destroyed or damaged by peril. 4. Heritage Preservation Site Alteration Permit—The term has been changed to Certificate of Appropriateness. The process for getting one is unchanged. CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director February 16, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. Jay Lotthammer, Director, Three Rivers Park District Draft Hyland- Parks and Recreation Bush-Anderson Lakes Regional Park Reserve Master Plan Requested Action Move to: To adopt resolution supporting the draft concepts for the Three Rivers Park District Hyland-Bush-Anderson Lakes Regional Park Reserve Master Plan. Synopsis Three Rivers Park District in conjunction with the City of Bloomington, has undertaken a master planning process to update the existing 1983 Hyland-Bush-Anderson Lakes Joint Master Plan. The master plan will provide guidance and direction for park improvements, natural resource management and future acquisition as well as park operations and management. In addition to staff and general public comments and feedback, Three Rivers Park District staff would like to receive feedback from the Parks, Recreation and Natural Resources Commission and the City Council. They are also requesting a resolution of support for the plan. Background The master plan is an update of the existing 1983 Hyland-Bush-Anderson Lakes Joint Master Plan. The master plan will provide guidance and direction for park improvements, natural resource management and future acquisition as well as park operations and management. Hyland-Bush-Anderson Lakes Regional Park Reserve provides a broad spectrum of natural resource-based recreational opportunities and facilities that have been developed jointly by Three Rivers Park District and the City of Bloomington. The new master plan will continue to balance the park's scenic and natural beauty with desires for recreation, nature study, trails and other park uses. As a Regional Park Reserve, at least 80 percent of the park must be maintained in a natural state allowing up to 20 percent to be developed for active recreation uses. A community open house was held on January 20, 2010 to provide comments on the draft Hyland-Bush-Anderson Lakes Regional Park Reserve Master Plan. The open house was held from 7:00 to 9:00 p.m. at the park reserve in Richardson Nature Center- 8737 East Bush Lake Road, Bloomington. In addition to staff and general public comments and feedback, Three Rivers Park District staff would like to receive feedback from the Parks, Recreation and Natural Resources Commission and the City Council. They are also requesting a resolution of support for the plan. The mission of Three Rivers Park District is to promote environmental stewardship through recreation and education in a natural resources-based park system. The District manages almost Three Rivers Park District Draft Hyland-Bush-Anderson Lakes Regional Park Reserve Master Plan February 16, 2010 Page 2 27,000 acres of park reserves, regional parks, regional trails, and special-use facilities. The name "Three Rivers" comes from the parks' geography, situated within the watersheds that flow into three significant rivers to this region: the Mississippi, the Minnesota and the Crow. With facilities for every season, including picnicking, swimming,play areas,boating, fishing, downhill skiing, snowboarding, golfing, camping, and sledding, Three Rivers Parks is the place for recreation, play and relaxation. There is an extensive trail system for hiking, biking, in-line skating, horseback riding, cross-country skiing, and snowshoeing. They also offer program sites for nature, recreation, historic, and farm education. The Park District serves 7 million park guests per year. Minnesota State Legislature established Three Rivers Park District as an independent, special park district in 1957. With a charge to acquire, develop and maintain large park reserves and regional parks and trails for the citizens of suburban Hennepin County, Scott County, the metro area, and the State. Three Rivers works cooperatively with the Metropolitan Parks and Open Space Commission, Metropolitan Council and State Legislature as one of ten implementing agencies of the Metropolitan Regional Park System. This system of parks was established in 1974 by the Minnesota State Legislature to provide outdoor education, recreational facilities, services, and programs. Collectively, the system serves more than 38 million park guests per year in the seven- county metro. Three Rivers Park District is governed by an independent, seven-member Board of Commissioners. Five members of the board are elected from districts in suburban Hennepin County, and two members are appointed by the Hennepin County Board of Commissioners. Board meetings are generally held on the first and third Thursdays of each month at 5:00 p.m. Meetings take place in the Board Room of the Park District Administrative Center. This item was reviewed by the Parks, Recreation and Natural Resources Commission at their February 1 meeting. The commission was in support of the concept, but expressed their reservations for making specific comments about items occurring outside of Eden Prairie. Staff recommends adopting the resolution of support. Attachment Three Rivers Letter of Request Copy of Presentation Draft Master Plan Resolution ThreeRivers PARK DISTRICT January 27, 2010 Three Rivers Mr. Jay Lotthammer Park District Director of Parks and Recreation Board of City of Eden Prairie Comm I S5 rn ne rt 8080 Mitchell Road Eden Prairie, MN 55344 Sarawyati Dear Mr. Lotthammer: Dislllrl I Three Rivers Park District (Park District) and the City of Bloomington (City) are in the process of updating the Hyland-Bush-Anderson Lakes Regional Park Reserve Master Plan. The Park Reserve Master Plan was last updated in 1983. The Master Plan update focuses nalirllynn 'irc4tari. on maintaining the park reserve in a largely natural state while providing natural resource- �" a'a`f based recreational opportunities and balancing the pressures of increased use and Elks'rr92 recreation demands with natural resources stewardship. In addition to a major park amenity for the Park District, the Hyland-Bush-Anderson Lakes Regional Park Reserve is part of the Metropolitan Council Parks and Open Space System. Militk Haggerty As such, each park must have a master plan providing guidelines on acquisition, District 3 development, and management. This Master Plan must be approved by the Implementing Agency and Metropolitan Council. The Park District and the City requests the City of Eden Prairie City Council consider and pass a Resolution of Support for the Hyland-Bush- Anderson Lakes Regional Park Reserve Master Plan at the next appropriate Council s7aleD; du:' Meeting. The Resolution of Support does not obligate the City for any funding, but it is strict 4 beneficial to the Park District and the City of Bloomington in obtaining regional and state funding. erx Fri neese Enclosed are five copies of the draft master plan and draft Resolution of Support for your rtimDistrict 5 review. Electronic access is available at http://hkgifp.com/ftp with User: anonymous; Pass: pw4everyone. Please advise when your City Council will consider the Resolution of Support, and if you t,drl y 9laskslad, Chall have any questions or need further information. Appoi rated Thank you for your review and consideration. Sin ely, Barbara xlnseV Appointed onald J. DeVeau, Director Department of Planning and Development rrlr Gears Enclosures Superintendent C: Randy Quale, City of Bloomington Bob Sharlin, City of Bloomington Greg Ingraham, HKgi Consultants Cris Gears, Three Rivers Park District 3:\MAST'ER PLANS\Park Reserves Master Plans\Hyland-Bush Anderson\01-27-10 HBA Master Plan-)Lotthammer City of Eden Prairie Ltr of Resolution- D]D.doc Administrative Center,3000 Xenium Lane North, Plymouth, MN 55441-1299 Information 763.559.9000 • TTY 763.559.6719 • Fax 763.559.3287 • www.ThreeRiversParks.org Hyland - Bush --Anderson Lakes Regional Park Reserve r--1 -.1--T77 : . imompilL_ Draft Master Plan 1. Illimmit - January, 2010 c CITY OF MINN ESOTA Hoisington Koegler Group Inc copyright 02009 S 1 a c locA-11 ovl icu N co icu . ..... 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U it 1 Cnte i LSnowbSkiand / Bloomington _ '_ ente y i Snowboard�Area m North City of v �A �m Corridor City of Bloomington Bloomington 3 h a Neil Lake �, Bush L. m { Park Unit Three Rivers Park Three Rivers Park o I ++ 11 Hyland Lake District District '� � � Bush Lake '- � r'� �N,f D ' Bush Lae o i_ A- , Beach y Hyland Park Unit s`Trail Access ! �� 1�s Ce2Fr flfag Bush Lake City of Bloomington City of 0 r -L 6 Bloomington `,L and Parking li m (:/ Legend 1 r �'o ( South City of f W-94th-St City of Bloomington Corridor Blooming tonCe ♦ Vehicle Entrance and Parking rL) West BushCI Lake 'a Tierney's Three Rivers Park Roads/Parking i' t City of Bloomington I 1< Woods District - Buildings I a 11111 - Lakes and Streams �i Z Anderson Three Rivers Park Three Rivers Park Lindstrom Dr Lakes District and Cityof District and Cityof / H-B-A Park Units411 C�J1 Hyland Lake t• -Bloomington Bloomington Bloomington Anderson Lakes Park Unit(Eden Prairie) Warren Pond Recreation Area v ei QQ Anderson lakes Park Unit(Bloomington) ' �.• I 4111 Anderson II Bush Lake Park Unit Lakes Park Three Rivers Park Three Rivers Park Unit-Eden District District n Hyland Park Unita. r W-102nd.St Prairie EL Normandale Park Unit -. wdi 111., (� - North Corridor Park Unit Ohm116 South Corridor Park Unit >„ m m Tierney's Woods Park Unit i a Y o Pri O. ' 1 N m .16 1 K �. I loisington Koegl. copyrig _o 5 ( C) 1/tyc Al/td ( oak v, a, ce vision (R L. HYLAND-BUSH-ANDERSON LAKES REGIONAL PARK RESERVE PROVIDES 73 (U QUALITY NATURAL RESOURCES IN AN URBAN LOCATION FOR PEOPLE TO EXPERIENCE RECREATION AND EDUCATION IN A NATURE-BASED SETTING. ,��, N j CO 3 leo' Master Plan Goals : i Maintain the Park Reserve in a largely natural state. Og < � 1 0 Provide natural resource-based recreation � LJ5 --- opportunities. °° oz (--.3 Balance the pressures of increased use and recreation = demand with natural resources stewardship. CoVwpo'i1c HA te r 1.1AK K aU a) c0► 8th I' �\ ___mot'°'urriiiiitxmi � ib of Bloc .,. _ _St. ___ wTBmS� ,, • Natural o° Or 49 • :ax \ w-Tstn'st --trZ _ [ North Corridor o Park Unit 3� ,agia Lola Pond Trail to and ij (111) '-rs and Parkin Fishing Resource ° .. ,$.� Trail Acting Platform on o7f " 4 -. Nine Mile Creek Highwood.Dr-S �-i2y k Normandale O A North C�or ••r Scenic ` Bandsheil o .m' -` t:-..._ 00( gvedodkan.•Trail _` —� • f: • Ski Jump.?'� ' \•�tSt I Management ^ 4-0 I (� Cenfer::: "' "" F ormandale 1 (�] ■s�<. South Corridor `✓ i sa[I II II r Cs:: Par Unit ♦..i*= :.: :: ::'::i I, a ni V) �-4 alesMirt if• --:.:.:....- • • • 1r triiiiii::f,'i:tsi: . )) ::::::::: . , . Recreation Bush Lake I a7 r: o © RILoop Trail IFS M. Ida _ .,_....iiik- -..iti 7 l Rich:rdson • HaturrAill , Hyland Ski and Facility s�'-:./' Cen Snowboard Area Ir J3 7-At ...4 'lilt ' ::::.:..Bd h Lake ea Lake \y.' Logp Trail Development N +`i � A, 0 leeL Paved Trail Loop 11_,j- - } III @',i:: .Qaral r- tit Hyland Cross-coon. ti::.. ylan�l:• Ski r.ils Tr:it Acces Bush Lake �d;.:: isinand Parking {Loop Trail Fo '? I . Trail `� I e'''. ipa 1 r � i -'ilk.• W;94th.St ♦h i W. ::.pr u o Connectionscc K West Bu`gh ] ur mo 1 4 Lak`e �/r �LL� t � �r �� � a Legend .a o ExistingTrails it - Z H-B-A Boundary Ai Vehicle Entrance and Parking Existing Natural Surface Trail dyland Lake5 Recreaf lip " IOW lift . 'm V A Inholdings Existing Paved Trail Area ' d ExistingTrails/Sidewalks(outside of park) u o o. _Roads/Parking _Buildings Existing Bridge I 1r rr� Hyland Park Land Classifications 0 Existing Underpass ® Island Sanctuary Proposed Recreation Development Key Environmental Components _Proposed Recreation Development I"` III W.9o2ndst /�( _ Recreation Development Area Proposed Trail C2 rc l�;/ dl _Lakes and Streams 0 Proposed Grade Seperated Crossing 11 Wetlands Proposed Future Trails-Outside of Park N 11111 Potential Future CP Rail Regional Trail c m' "-- 11111141 Proposed Future BikewayIIII B Mil ughi- + Proposed Future Trail _°o ■ �M IVn lvuMive c� NIA-i-iitrAl geoLitrce ...i, v, a, cc �, Protect the �, cuy aeToo-a�. O l'11494 lii.., ,,_ ,„.,..___Iew, 2 Go 0 IIlill SanctuaryAreas ,,,: w '-- Trail Access e� U 10 and Parking �1 r (7) (1) _ :, \ (... HighwoodDrS Normar(dale \ / . ' r Bandshel O . wagthSt I on lTlerney! Center :I South Corridor lip 1 a) * cc ii) �� ParINA par Unit t 4111%. f...4*****A...44:44+: °�; �' - Manage Water ®o —7Asth-stb:/.., (15 ,rAN i 11* 6°yifeb 1 t • IK' �mRichardson 7i '• N b 49 y _- Natore ,':::: t �� Hyland Ski and - Centel Snowboard Area R.:1=i:, ... . ( 40: .....4 0 ' esources 3 4. .... mi J VI N en�ake 9 -=:ush Lake y' i', . m' Park Uni w.-,.:::•-:-,',' " _ • Monitor, a � :.. titt 6 N4 j �Y f_ ,®q t Hyland Par. - restore and r's� SCIF.�0L�f1:13 ce Tr it Acces ! :' and Parki°: d�,� �� protect lakes, Q �0.� W-94th-Stvj Wes e°� d, wetlands and a It c„. Lake .... .. i . :f 1 i LL �Wg groundwater IN ill16 �_ _ Z Lindst Dt 1c Hyland Lake 4•Y" wl • Stormwater 5 w�..�..o....., Recreation Area U • Q Q Legend H-B-A Boundary State Recognized Native Plant Communities • Ea. • _ management Vehicle Entrance and Parking Elm-Basswood-Black Ash-(Hackberry)Forest _Roads/Parking Graminoid-Sphagnum Rich Fen(Basin) - 1 al -Buildings Red Oak-White Oak Forest 1 �yy_102ndSt Park Land Classifications Sedge Meadow - - :Sanctuary Significant Natural Areas 't . pip...4.0 . Ais. ›. _Lakes and Streams Existing High Quality Oak Forest 1 N r Wetlands Oak Forest with Hickory Trees co m Restored Prairie _Recreation Development Area 'B O. • 1.1146.... A --._- Key Environmental Components J o° ■ -- N N'Mwil551 � chi r v�5 ,L, ., Li, - swilim ,„,„7.,.. ,.. 4 Vegetation dok ift49 - • % t l I`-'ti _ W-7Bth St ---- North COrrld•�.r o management by Park Unit Y 3d Ci _ Lola Pond 1� 0 Trail Access gym, W� plant community r c and Parking { �,c y �f �/ (1) L' % - � — Highwood.Dr--S - — Normandale J O �' II+ Bandshell Z.' Illir f a _.84 V •^`f ki Jump .__fb St t! Pee • I T i e r n e s Woods censer Y' So th Corridor iormandale La Park Unit Pa Unit ark Unit t IM (/) Anderson Lakes ; NomanaaleLake Prairie Park Unit - 71: • J - WS6th St— �{ I cirs lip , '--` i-� • At/ Richardson _ , restoration _ Nature Hyland Ski and / J ' a Center Snowboard Area O Jf 0; ~ * j ,. Bush Lake W • Control invasive 3 Natl Lake ? . k Unit m I - A R7 - a �3: z� exotics species o `N _ i ' :- i Hyland Park UnitLti.... _ •-" P �� ��sLL Trail Access' Protect and Q and Parking 'fo Q p Ce a `„ ,+ W.94th St v 1 Weateuah , 1 t perpetuate high- Q e� m Lake m•• y fff I i a quality existing LL ] � ibt— 1,indsirom Dr z Legend ` - 116W forests 5 Hyland Lakeake 1 Vehicle Entrance and Parking 11 w Recreation Area ■ u a 1 _ Roads/Parking Management of _Buildings I 11 111.14111 6....4111 28 `� Recreation Development Area (. _ Lakes and Streams Weer-Tr o W-102nd-St old field areas lcs rx c, Wetlands \ Long Range Landscape Management Plan � N T Forested Areas �+ mi x Designated Open Areas o rdi rit! t , API m —malliift`'IA dui Re CreA-11 0 Vt lvtfIfrt(vr lir= a.,) ,...,,g V) Mr— ii ----1 o■ I Ii O Refurbish Normandale kr....mir49 i l Lake trails and add o -•w78th'St -- - or'th' orri do ' ' ' lighting Park Unit 3d ifI. p` Lola Pond :nd .� Lii Trail Access B • on *IC and Parking U -•ile Creek (1111) Hi hwood.Dr-S 9 Norfh Corridor Scenic __ Normaridale I Wallo site scenic • `A ft:'..- ?? Qverlook an,Trail ^' if A I'll- kr: r,.'''' ��e mr=fh Sf overlook and trail loop J [erne. P.`'' t • t. 1. So thCorridor ,:,, ; Pa Unit tfft ..... .... ...... .. Ako C-1 Renovate/reconstruct mr_ (/) Aiid:erso ekes:: 8tff : .•I4. © the HSSA Chalet Bushlake d (11 \ Lo jp Trai! +: ::.. • ,AR: f �1 R ic�ah rdson 7 y — h/I iR* Nature � CHyland Ski and :: �r ''� DA � • owboa_ ; C 2 Evaluate feasibility o Lake N• LooPTraIl� WWI of summer dry slope _ r� IMF snowboarding o I- VP •• Ii Z NW Paved Trail Loop 'F4 � -"" �°' :, Qrclj r Nyland Cresscounfry � �, Srti; ; 3 Ytan�d:Fallt''l}yi skir:its IsaL Trail Access Bush Lake ��. :::,•.. Tj Cross—countryski ///���A and Parking fLoop Trail P�: 1, '.:F:::'{ 'p i)i i " ' I �` • r trail training area- CC IIIFFF J 4 k D r I add snow makingandic., 0 ,.rt I .* -It �,. r� AK! — a lighting Legend - % g g 9 Trails Existing it a' H-B-A Boundary "- Vehicle Entrance and Parking Existing Natural Surface Trail �ylandLake 1 Recreation dal_ .is Expansion/ renovation 5 r�/�Inholdings Existing Paved Trail area j 0 0 ii _Roads/Parking Existing Trails/Sidewalks(outside of park) �U study for Hyland a� _Buildings O Existing Bridge IP Hyland Park Land Classifications Existing Underpass ® r� Island Sanctuary Proposed Recreation Developmen , ►. I Visitor Center (� ..!KeyEnvironmental Components _Proposed Recreation Development -Y P ,W.102nd,St _Recreation Development Area Proposed Trail ili, _Lakes and Streams 0 Proposed Grade Seperated Crossing d m I ake -2 Remodel and expand Wetlands Proposed Future Trails-Outside of Park a SA:::M. Ai& Potential Future CP Rail Regional Trail c a, the Hyland Creative = Proposed Future Bikeway E p. r i Proposed Future Trail �m N Play Area 1ivr 'Re cr c ce 11 Nesta Hill 8rh- i Sr.-----' I11 494 . • ► l,t Area - East (R ^warm st -- - North Corridor a ParklJonit �� Bush Lake Rd co fam. • Trail to and e :?: ,y k hailPark ti Platform on (1) c +' :: ..: .4 - and Parking i y - . Nine Mile Creek d U 111 ..:�y wood.Dr-S ��/rtv6r k Norman ale O '-' I" or'dor Scenic Bandshell ♦ O ,. ae� n,Tracn �� -C t Realignment R r:� ::: .: :: x ,Ski Jump'•- { `• on Berne . 6ds �/ Center::' k. o th Corridor ale aii Par Unit s.. .- I , Unit isok -3 TTT Complete thece tori dersvi�fakes..' ::: k. t 7�'J� i?ar:k il:ni:ls::::::: :: ..:::: ...AI .4 `__:;-:::::: :::: ��. 1 g sate st j/ Bus�Lake I +: , _ �otrail around Loo Trail O Nat I 4inow Ski and ' 0,-o- \4w Cet d SnowboaW:4roa KM on Lake ,AN Illiill Bush Lake 3 ,Lake liWilr"::::::::[.4;q: ....,,or: : �� (].. e. ,l.: ..::Park Unit O (� sash 0 Add trail 0 i_ a i73z „a.:.:$ d ..., •,.....„...1 i N ,` qL.L.. Paved Trail Loop F4 ,- _� gO ° :@; ��� 0 Hyland Cross-country �` w , Trail Acc 5d"' Vilt it ia le SkIT,IIs ♦ /\/��1�✓�/ and Parkin 'f connections Aa cc b. + r ra 1 r it.,... - •�• Wi94th,St f WAstBnab li Grade 1 0 cJAfflkAQ p - e� ��• ta Legend o � ' separated pad/ H-B-A Boundary Existing Trailsillio Vehicle Entrance and Parking Existing Natural Surface Trail iyRl tale�Ak. Vh icle s Existing Paved TrailCCCJJJ_Roads/ParkingExisting Trails/Sidewalks(outside of park) , iii...40j. ANN bilee erossings _Buildings Existing Bridge � Hyland Park Land Classifications Existing Underpass rd Island ♦ Q Sanctuary Proposed Recreation Development Ili Richardson Key Environmental Components _Proposed Recreation Development / �'` ,,._,.,.. Y P v ,W.102nd.St al as Recreation Development Area Proposed Trail `�/ _Lakes and Streams 0 Proposed Grade Seperated Crossing t ..at I la imi Nature Center Wetlands Proposed Future Trails-Outside of Park LL y 4.1.434,51 Potential Future CP Rail Regional Trail rn a, gin Proposed s 111 Proposed Future Bikeway E n improvements Proposed Future Trail . . �� N ea. A • •• nnnn I11 cu VI Lu • No change in -- iremi 1 M,'e`ee¢1 ciryoreioa gi. ' r"---- -----=----7---""'"'" i acquisitions o° . wirdi North Corridor. Park Unit from the 1983 - - Lola Pond andPaAccess North Corridor and Parking }r Overlook �— Normandale Plan. o (1) _ f • op Anderson Lake fTierneysWoodsLt/ � limi, - � iJump V --` •South Corridor ce ser Park Unit ��Par 7 » Thirteen in-holding a ii) ka ' Anderson Lakes • . Park Unit de properties l j 1 Ricn I » dary St. I Centre Hyland Ski and Conte-I7L Snowhoard Area O �1 z Additions l or . 1 ' 4 �I ' � � - 4 . .., ,D2 ') dia 0 IWIP: Ili LL`` Hyland Park Unit Tr*111151 it Acces . /r itir and Parkin, 1`U UJI \` BUSK4 �t--�� N Park � �-+J Q1..` r itiBinh em....x�,. Lake :, 1 Mil 1 I Legend Y rA Inholding Acquisitions ,„,..)1111•-••1 II . , — ipw,._ 5 meBoundary Additions �U II Hyland Lake ti• Warren Pond ReCraaHOn Area gill Q Q H-B-A Boundary Vehicle Entrance and Parking I 1 alb - Roads/Parking ', alA 1 � - Buildings `V Recreation Development Area I Ng% • - Lakes and Streams Wetlands i .ff p ViliiaiP _JE1 60 41 . 101 ( c, „,„ a) VI • 26.35 Acres 80/20 Policy Summary o Current Future (w/ Policy of proposed ("� additions) Lli Natural Area 84.4% 82.9% Min. 80% new recreation z3 (I) development O •o Developed Recreation Area 15.6% 17.1% Max. 20% . 7 IIMIMMEMil area �, ii) 80/20 Policy Analysis Summary - Existing and Proposed Conditions - • Most proposed I (a Planne • 1113 Recreation Proposed Total Future recreation Existing Development Boundary (existing with Additions Additions additions) iv. development and OI Total Park Reserve Acreage (land, water, wetland and 2580.96 2580.10 redevelopment il. rights of way) are within cc Less Water/Wetland Acreage 928.49 928.49I CIthe existing i Less Right of Way Acreage 66.76 66.76 developed area Total Upland Acreage of the 1585.70 16.69 1601.39 Park Reserve po • Master Plan5 II Developed acreage 247.03 24.49 1.86 273.38 1 80/20 Policy - Max. 20% of retains flexibility r( Upland Area Available for 317.14 320.28 (C$ Development (acres) for the future. >, Z Developed Area (percentage) 15.58% 17.07% (.04 Ill CAD t a) VI Lu Estimated Cost Development Area/Project (2009 dollars) o Lii Normandale Lake Park Unit - City of Bloomington $9,005,563 i. (III) North Corridor Park Unit - City of Bloomington $722,830 O Hyland Park Unit - Three Rivers Park District $17,420,000 •7 V)Bush Lake Park Unit - City of Bloomington $6,564,696 South Corridor Park Unit - City of Bloomington $266,168N„i (7$ Anderson Lakes Park Unit - City of Bloomington $285,180 Anderson Lakes Park Unit - Three Rivers Park District $695,000 3 Other Improvements - City of Bloomington $335,000 O Regional Trails - City of Bloomington $3,032,336 0 I_..-. .L *Cost estimates include planning, design and construction fees. �,�,+ Q/ 0 Natural Resource Project Estimated Cost (2009 dollars)Three Rivers Park District Natural Resource Development Projects $1,788,700 5 00 Joint Natural Resource Development Projects �II (Partnership with Minnesota Pollution Control Agency, City of Bloomington and the Riley- $374,250 Purgatory-Bluff Watershed District- cost reflects Three River's Park District contribution. The City of Bloomington contribution is unknown at this time.) co City of Bloomington Natural Resource Projects (Costs for partnership projects with Nine Mile Creek Watershed District are not in- $585,000 Z cluded) DRAFT H-B-A master plan January • Website posting and notices - • Bloomington Parks, Arts and - = Recreation Commission and City Council • City of Eden Prairie review and resolution • Community Open House January 20, 7PM-9PM Richardson Nature Center February • Agency and Met Council Adoption Hoisington Koegler Group Inc. H K Copyright©2009 S 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- RESOLUTION IN SUPPORT FOR THE HYLAND-BUSH-ANDERSON LAKES REGIONAL PARK RESERVE MASTER PLAN WHEREAS, the City of Eden Prairie recognizes Hyland-Bush-Anderson Lakes Regional Park Reserve as an important component of the regional parks system that serves residents of the city and the region; and WHEREAS,the City of Eden Prairie recognizes that Three Rivers Park District and the City of Bloomington have gathered significant public input in the update of the master plan for the Hyland-Bush-Anderson Lakes Regional Park Reserve; and WHEREAS,the City of Eden Prairie recognizes that Three Rivers Park District and the City of Bloomington have collaborated to draft the Hyland-Bush-Anderson Lakes Regional Park Reserve Master Plan; and WHEREAS,the City of Eden Prairie supports the management and development of Hyland- Bush-Anderson Lakes Regional Park Reserve pursuant to the Master Plan. NOW, THEREFORE, BE IT RESOLVED, that the City of Eden Prairie supports the Hyland-Bush-Anderson Lakes Regional Park Reserve Master Plan. ADOPTED by the Eden Prairie City Council this 16th day of February, 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director February 16, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.2. Jay Lotthammer, Director, Riley Property Acquisition Parks and Recreation Requested Action Move to: Authorize Hennepin County to acquire the private property which is contiguous to Riley Lake Park. Synopsis In 1971, 75, 76 and 83 the City of Eden Prairie entered into grant agreements to use $548,496 of State and Federal Land and Water Conservation Funds (LAWCON) for Staring Lake Park land acquisition and development. The agreements that were entered into require the City to maintain the land as parkland or enter into a mitigation process. During planning for the expansion of the Pioneer Trail road project, it was identified that parkland encumbered with Federal Land and Water Conservation Funds (LAWCON) would be impacted and needed for the project. To satisfy the land mitigation requirements resulting from the Pioneer Trail road project, staff has identified a property that has been previously identified in a Parkland Acquisition Report. This land is available for purchase, meets Federal guidelines for replacement and satisfies the required mitigation value. Funding for the project is addressed in the agreement with Hennepin County and calls for each agency to share equally in the cost of land mitigation. Hennepin County Land Acquisition staff would work to acquire the property at the best possible price. Later in the project, the County will transfer the property to the City of Eden Prairie for park purposes. This was reviewed with the Parks, Recreation and Natural Resources Commission and a motion to recommend acquisition was unanimously passed. Background To satisfy the land mitigation requirements resulting from the Pioneer Trail road project, staff has identified a property that is available for purchase, meets Federal guidelines for replacement and satisfies the required mitigation value. Any lands acquired or developed with assistance from the Land and Water Conservation Fund grant program(LAWCON) must be retained solely for outdoor recreation. No other use can be made of these lands without prior written approval of the National Park Service. The Service will consider requests only if all practical alternatives have been evaluated and rejected on a sound basis and replacement lands of equal or greater fair market value and reasonably equivalent usefulness are acquired and dedicated to outdoor recreation. This retention requirement and the process for converting funded lands are published in 36 CFR Part 59. Section 6(f)(3) of the L&WCF Act is in place to ensure that the Federal investments in L&WCF assistance are being maintained in public outdoor recreation use. This section of the Act assures Riley Property Acquisition February 16, 2010 Page 2 that once an area has been funded with L&WCF assistance, it is continually maintained in public recreation use unless NPS approves substitution property of reasonably equivalent usefulness and location and of at least equal fair market value. Requests from the project sponsor for permission to convert L&WCF assisted properties in whole or in part to other than public outdoor recreation uses must be submitted by the State Liaison Officer to the appropriate NPS Regional Director in writing. NPS will consider conversion requests if the following prerequisites have been met: (1) All practical alternatives to the proposed conversion have been evaluated. (2) The fair market value of the property to be converted has been established and the property proposed for substitution is of at least equal fair market value as established by an approved appraisal (prepared in accordance with uniform Federal appraisal standards) excluding the value of structures or facilities that will not serve a recreation purpose. (3) The property proposed for replacement is of reasonably equivalent usefulness and location as that being converted. Dependent upon the situation and at the discretion of the Regional Director, the replacement property need not provide identical recreation experiences or be located at the same site, provided it is in a reasonably equivalent location. Generally, the replacement property should be administered by the same political jurisdiction as the converted property. Equivalent usefulness and location will be determined based on the following criteria: (i) Property to be converted must be evaluated in order to determine what recreation needs are being fulfilled by the facilities which exist and the types of outdoor recreation resources and opportunities available. The property being proposed for substitution must then be evaluated in a similar manner to determine if it will meet recreation needs which are at least like in magnitude and impact to the user community as the converted site. City of Eden Prairie and Hennepin County staff have worked closely with staff from the Department of Natural Resources to insure that the selected property meets the necessary requirements. Staff recommends authorizing the Hennepin County to proceed. Attachment Property Impacts Map (Staring Lake Park area) Riley Lake Property Acquisition Map \ ` \ A . \ //A',',.,...•,.,,./4/ • \ /// /j<///"� \ \\ • i / '• /// \ \ . \ fr-•-•"7"---////7 7../....i12/// yi/ --1- 1/// / / \ i \ / ..._ .,.. //, , \ ..... \ . I , . .....,--- „ ...../, \ • \ /�/� �/.< ,/,/,,/,-, s‘ \ / /\ „... . ' \ • \ /// / „,- ,.,,,,, s . ..„.... . _ \ s /, __- , . „ .... . \ , \ • / .. •\ CSAH 1 / CP 9618 & 9619 / .,/ ///90. , — • IMPACTS TO STARING LAKE PARK s \ \ APRIL 27, 2007 y•/ •\ \\ \ r' ` ,---„..--',.----' / r \ \ \ /\ LEGEND � \ \ EXISTING STARING LAKE PARK PROPERTY I//A /' • \IMPACTED STARING LK PARK PROPERTY / ' \• \ /' N / / \\ r-/�\ 0' 500' 1000' \\\ / / /'r \ I I I \ / 0 •\ \ \\ TOTAL 4(f) IMPACTS=3.84 ACRES _ y / // / TOTAL 6(f) IMPACTS=2.88 ACRES\ / \ /. /' EXISTING STARING LAKE,P� i�// �♦ /'��/ /` ��j /'/• l`� / (APPROX 18T.4 ACRES • %/ //��j� /// / /. ` '\ -/ // r• STARING LAKE , r - / / /// / X\ / . / // X cIlAP11wS-DBtti ouroABr / \ / /� /// C �BASEBALLFIELDS / �j ,r-' //'/ / AXFORFEIT / / PROPERTY 4 ✓ f1�1P // /��1„eij'� ''' \ -__ \,.. ' / IT T /1/ y."BOYCE" it'/ Al /A 31 " \ ` 5..v. Ali . "' • ---y i\ P t t -9a"..oz f/ ( / k`F - / 66 gy�C�B� "% FLOYD \ w.� CSAR 1 ,? A • \ //// �/ RRR),-). /P f= z z/sy SJOSTAND \ _� \ j // / 46. �% / FARM .—T—`..—/ \` , / i/ a /" s "—� 1, /'/4(f) /6(f) IMPACTS'A v' 0.59 ACRES / \• / 1 T01BE2LUMB6NS-G0I O01 BOMESTEAO BOPEBTYCONSIDERED ` 4lf) /6(f) IMPACTS • / 4(f) ONLY IMPACTS/'\ `\ \/,/ `� R` ‘\\ r 0.16 ACRES / ( • 0.31 ACRES ` IPID 21-116-22-22-00021 \. ` , A IPID 27-11fi-22-'13-00021 / /' \ BILLY LAKE PROPERTY ACQUISITION f ,+I I , I. , • .V # ' -. r:i. .,,, .. . ..t:14r•y + •: .' k Jy •' .. 1 • 4 5 . b. + y+ + _ i tEl f IP ,h3 • r4P " 11 Legend N Land Parcel being acquired for mitigation of park property lost due to Pioneer Trail road expansion '` Riley Lake Park ---I • LRT Corridor