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HomeMy WebLinkAboutCity Council - 09/21/2010 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 21, 2010 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER Note: The workshop will begin promptly at 5:00 p.m. Dinner will 1 served at 4:45 and can be eaten during the presentation. 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. UTILITY RATE STUDY Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 21, 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 Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER II. COLOR GUARD /PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. RECOGNITION OF HOME DEPOT VOLUNTEERS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 7, 2010 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 7, 2010 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION ON SPECIAL ASSESSMENT ROLL AND SETTING HEARING DATE C. ADOPT RESOLUTION APPROVING APPOINTMENT OF ELECTION JUDGES AND STUDENT ELECTION JUDGES FOR THE GENERAL ELECTION D. REJECT ALL BIDS FOR METAL ROOF REPLACEMENT AT CITY CENTER CITY COUNCIL AGENDA September 21, 2010 Page 2 E. REJECT ALL BIDS FOR STANDBY GENERATOR PROJECT AT THE COMMUNITY CENTER F. APPROVE PURCHASE AGREEMENT FOR MITEL CONSOLE SYSTEM WITH MARCO IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF PORTION OF DRAINAGE AND UTILITY EASEMENT ON LOT 4, BLOCK 5, THE RIDGE AT RILEY CREEK 2ND ADDITION (Resolution) B. NINE MILE CREEK WATER RESOURCE CENTER by Nine Mile Creek Watershed District Request for Code Amendment to add Governmental Office as permitted use in the Public Zoning District, Comprehensive Guide Plan Change from Low Density Residential to Parks/Open Space on 4.24 acres, Comprehensive Guide Plan Change from Low Density Residential to Public/Quasi Public on 1.1 acres, Planned Unit Development Concept Review on 5.32 acres, Planned Unit Development District Review on 5.32 acres, Zoning District Change from R1-22 to Public on 5.32 acres, Site Plan Review on 5.32 acres and Preliminary Plat of 5.32 acres into one lot.(Resolution for Guide Plan Change; Resolution for PUD Concept Review, Ordinance for PUD district Review and Zoning District Change; Resolution for Preliminary Plat) C. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.03 SUBDIVISION 3H RELATING TO SPECIAL REQUIREMENTS FOR OFF STREET PARKING AND OFF STREET LOADING FACILITIES X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION. 2.05 RELATING TO SALARIES OF MAYOR AND COUNCIL MEMBERS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. City Manager Search Process CITY COUNCIL AGENDA September 21, 2010 Page 3 2. Report on Consolidated PSAP Proposal C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: September 17, 2010 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, September 21, 2010 TUESDAY, SEPTEMBER 21, 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. RECOGNITION OF HOME DEPOT VOLUNTEERS Synopsis: During the Spring and Summer of 2010, the Eden Prairie Home Depot donated over 300 bags of mulch. The mulch was used to replace aging and deteriorating mulch at Miller Park and Purgatory Creek Park. Store personnel delivered and spread the mulch at each of the sites. Representatives from Home Depot have been invited to attend the council meeting to be recognized for their contributions and efforts. MOTION: Move to accept donations and recognize the efforts of the Eden Prairie Home Depot. 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, SEPTEMBER 7, 2010 ANNOTATED AGENDA September 21,2010 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 7, 2010 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-F on the Consent Calendar. A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION ON SPECIAL ASSESSMENT ROLL AND SETTING HEARING DATE C. ADOPT RESOLUTION APPROVING APPOI NTM ENT OF ELECTION JUDGES AND STUDENT ELECTION JUDGES FOR THE NOVEMBER 2, 2010, GENERAL ELECTION D. REJECT ALL BIDS FOR METAL ROOF REPLACEMENT AT CITY CENTER E. REJECT ALL BIDS FOR THE STANDBY GENERATOR PROJECT AT THE COMMUNITY CENTER F. APPROVE PURCHASE AGREEMENT FOR MITEL CONSOLE SYSTEM WITH MARCO IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF PORTION OF DRAINAGE AND UTILITY EASEMENT ON LOT 4, BLOCK 5, THE RIDGE AT RILEY CREEK 2IND ADDITION (Resolution) Official notice of this public hearing was published in the September 9, 2010,Eden Prairie News and sent to 4 property owners. Synopsis: The Property Owner has requested the vacation of the drainage and utility easement over a part of Lot 5, Block 4, The Ridge at Riley Creek 2nd Addition to facilitate the building of a swimming pool. City Staff have reviewed this request and determined that there are no existing or future needs for this portion of the easement and it can be vacated. — - MOTION: Move to: • Close the public hearing; and • Adopt the resolution vacating a portion of the Drainage and Utility Easements lying over, under and across Lot 5, Block 4, The Ridge at Riley Creek 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. ANNOTATED AGENDA September 21,2010 Page 3 B. NINE MILE CREEK WATER RESOURCE CENTER by Nine Mile Creek Watershed District Request for Code Amendment to add Governmental Office as permitted use in the Public Zoning District, Comprehensive Guide Plan Change from Low Density Residential to Parks/Open Space on 4.24 acres, Comprehensive Guide Plan Change from Low Density Residential to Public/Quasi Public on 1.1 acres, Planned Unit Development Concept Review on 5.32 acres, Planned Unit Development District Review on 5.32 acres, Zoning District Change from R1-22 to Public on 5.32 acres, Site Plan Review on 5.32 acres and Preliminary Plat of 5.32 acres into one lot.(Resolution for Guide Plan Change; Resolution for PUD Concept Review, Ordinance for PUD district Review and Zoning District Change; Resolution for Preliminary Plat) Official notice of this public hearing was published in the September 9, 2010, Eden Prairie News and sent to 59 property owners. Synopsis: The owner wants to give the property to the Nine Mile Creek Watershed District. The home would be converted into office and meeting room space. This use is not permitted on land zoned R1-22. The proposed use of the property requires a Guide Plan Change, Zoning Change, a code amendment, and waivers from the City Code. All of the requests are discretionary actions which the City is not obligated to approve. The Guide Plan change is to Parks/Open Space and Public Quasi Public. The building, building expansion, driveway,parking, tree removal, and infiltration-rain garden areas are located in the proposed Public/Quasi Public area. The remainder of the site is proposed for Parks/Open Space. To accommodate the use as proposed, the public zoning district list of permitted uses needs to be amended. The use could be defined as: "Governmental offices in buildings of less than 6,000 square feet." The waivers are for exterior materials, paved surfaces, and driveway width. There is a conservation easement on the property in favor of the Minnesota land Trust. The easement would allow only a single family home that can be expanded by 50%. If the private conservation easement is extinguished, through a judicial process, then the property would have rights to subdivide under the requirements of the R1-22 zoning districts for lot dimensions and lot size. The Public Zoning District permits more than just the watershed district office. Although the conservation easement would preclude most of them, if the private conservation easement is extinguished, through a judicial process, then the property would have rights under the Public Zoning District. These uses would have greater impacts than the proposed use. A way to limit the use of the property to the watershed district office only is to require that a deed restriction be recorded on the property in favor of the City. The PUD waivers are: ANNOTATED AGENDA September 21,2010 Page 4 Exterior materials The proposed exterior materials of the building are 27% glass and natural stone, 69% wood, and 4% concrete block. The code requires 75%brick, glass, and natural stone. Paved surfaces The driveway and parking area is part gravel,part bituminous or permeable pavers, and part grass paver system. The code requires a bituminous or concrete surface. Driveway width The proposed width is 18 feet. The code requires a 25 foot width. The 120-Day Review Period Expires on December 10, 2010. Since the Planning Commission meeting, the site plan has been revised to relocate the driveway to align opposite Topview Road. The driveway width has been revised from a minimum of 12 feet to 18 feet. The Planning Commission voted 5-0 to recommend approval of the project at the August 23, 2010 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Comprehensive Guide Plan Change from Low Density Residential to Parks Open Space on 4.24 acres and from Low Density Residential to Public /Quasi Public on 1.1 acres; and • Adopt the Resolution for Planned Unit Development Concept Review on 5.34 acres, subject to approval of the required Comprehensive Guide Plan Amendment; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from R1-22 to Public on 5.34 acres, subject to approval of the required Comprehensive Guide Plan Amendment; and • Approve 1st Reading of the Ordinance for Code Amendment to add Governmental Offices as a permitted use in the Public Zoning District, subject to approval of the required Comprehensive Guide Plan Amendment; and • Adopt the Resolution for Preliminary Plat on 5.34 acres into 1 lot, subject to approval of the required Comprehensive Guide Plan Amendment; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions, subject to approval of the required Comprehensive Guide Plan Amendment. ANNOTATED AGENDA September 21,2010 Page 5 C. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.03 SUBDIVISION 3H RELATING TO SPECIAL REQUIREMENTS FOR OFF STREET PARKING AND OFF STREET LOADING FACILITIES Official notice of this public hearing was published in the September 9, 2010,Eden Prairie News. Synopsis: The current code requires that every off-street parking area shall be (1) surfaced with an asphaltic or Portland cement binder, (2) graded so as to dispose of all area surface water, and(3) marked so as to provide for orderly and safe use of the area. The proposed code replaces the current code in its entirety as follows: "Parking areas, loading areas, and driveways shall be surfaced with bituminous, concrete, natural stone or other types of concrete stone and pavers and graded to dispose of or infiltrate all area surface water without damage to private or public properties, streets, or alleys." In 2009 the Planning Commission directed staff to evaluate additional permeable paving material options for inclusion in a future amendment to the code. The Conservation Commission also worked on the code amendment evaluating surrounding city codes and practices. On August 2, 2010 the Conservation Commission voted 5-0 to change the draft code amendment to include the words "to dispose of or infiltrate all area surface water." The Planning Commission voted 5-0 to recommend approval of the code amendment at the August 23, 2010 meeting. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of an Ordinance amending City Code Section 11.03 Subdivision 3H relating to Special Requirements for Off Street Parking and Off Street Loading Facilities. X. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION. 2.05 RELATING TO SALARIES OF MAYOR AND COUNCIL MEMBERS Synopsis: This Ordinance Amendments deletes the meeting pay provision set forth in Section 2.05, Subd 3 A and B. At the workshop on September 7, the Council discussed an amendment of Section 2.05 of the City Code that would remove the provision for compensation for attending ANNOTATED AGENDA September 21,2010 Page 6 special meetings of the Council and other meetings involving city business. This Ordinance Amendments deletes the meeting pay provision. MOTION: Move to approve first reading of the Ordinance Amending Section 2.05 of the City Code relating to Salaries of Mayor and Council Members. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. City Manager Search Process Synopsis: At its September 5, 2010, meeting, the Council asked staff to prepare and distribute a Request for Proposals (RFP) to consultants who provide executive search services for city managers. Further, the Council asked that proposals received in response to the RFP be shared with the Council at the September 21 Council meeting. Human Resources Manager Karen Kurt and I prepared and distributed the RFP on Friday, September 10. We asked interested consultants to submit their proposals to us on or before Friday, September 17. The Council had to go to press before the proposals were received. I will distribute the proposals to the Council on Monday, September 20. I recommend the Council review the proposals and consider interviewing one or more of the consultants. As a suggestion, the Council could conduct short informational interviews on Tuesday, October 5, in lieu of the Council Workshop. 2. Report on Consolidated PSAP Proposal 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 ANNOTATED AGENDA September 21,2010 Page 7 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: September 21, 2010 SECTION: Proclamations and Presentations DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.A. Jay Lotthammer, Director, Recognize the Eden Prairie Home Depot Parks and Recreation for contributions to the park system Motion Move to: Accept donations and recognize the efforts of the Eden Prairie Home Depot. Synopsis During the Spring and Summer of 2010, the Eden Prairie Home Depot donated over 300 bags of mulch. The mulch was used to replace aging and deteriorating mulch at Miller Park and Purgatory Creek Park. Store personnel delivered and spread the mulch at each of the sites. Representatives from Home Depot have been invited to attend the council meeting to be recognized for their contributions and efforts. ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 7, 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 Mayor Young was absent. I. SURVEY OF COUNCIL MEMBER WAGES City Manager Scott Neal handed out a comparison of compensation for elected officials of MLC member cities. Neal said for any changes in Council compensation to go into effect in 2011, the City Council would need to approve the changes before the November 2 election. City Attorney Ric Rosow said changes would have to be made by amending the City Code. Council Member Jon Duckstad said he is in favor of leaving salaries at their current level. He noted that only four cities pay per diems for extra meetings attended by Council Members. He said he is in favor of eliminating Eden Prairie's per diem. He said he believes Council Members act in the spirit of public service, not for the pay. Council Member Kathy Nelson said she does not see the purpose of meeting pay. She said the meeting pay system is not working well at the moment. She noted she has not submitted for meeting attendance reimbursement for a long time. She said she is in favor of the City covering conference registration fees for Council Members. Council Member Aho said the National League of Cities Conference is one function Council Members may travel out-of- state for. Rosow reviewed the types of meetings for which Council Members can apply for payment: • At meetings of boards, committees, commissions, or other entities of the City, or of which the City is a member, and which do not compensate attendees; • For appearances related to litigation; • For appearances to testify at the proceedings of other units of government; • For out-of-town travel directly related to City business; • For Council assignments to participate in scheduled meetings in support of City business. City Council Workshop Minutes September 7,2010 Page 2 In addition to the $35 per day for meeting attendance, Council Members can be reimbursed for reasonable expenses incurred while attending to business of the City. Neal said he did not survey other cities to determine their policies on expense reimbursement; however, he would recommend that Eden Prairie continue to offer reimbursement for out-of-pocket expenses such as mileage reimbursement. Duckstad agreed that out-of-pocket expenses should reimbursed. Council Member Case said he inherited the current system of meeting pay and expense reimbursement when he was first elected to the City Council in the early 90s. He said the issue back then was that some Council Members were taking on the majority of extra meetings and it was felt that it would be fair for them to be compensated for that. Case said simplification of the system makes sense at this point. He said there is a bit of confusion surrounding meeting pay and it would be best to eliminate it. Case said he takes some exception to the notion that individuals should be willing to serve without any compensation. He said no one does this job to get rich. He said compensation should be set at a point where people will be willing to be of service. He suggested getting rid of meeting pay and raising Council Member salaries to match the average of comparable cities. Duckstad said that in light of the current economy, he does not favor raising Council Member salaries. Case urged the Council to look out to 2015 and determine what action is ethical and responsible to attract people to serve. Case said sliding meeting pay into Council salaries is not raising salaries,per se. Aho said the meeting pay model is problematic and it should be eliminated; however, he said now is not the time to raise Council salaries. Nelson said since employees are not receiving raises this year, it would be difficult to increase Council salaries. She favors getting rid of meeting pay and keeping salaries where they are for now. She suggested the Council reexamine the issue in two years. Aho said he agrees that compensation should not be so low that people don't want to get involved, and the issue can be looked at again in a year. Neal said staff will prepare a draft ordinance that incorporates the changes discussed by the Council. IL FLYING CLOUD FIELDS EXPANSION PROJECT Neal said the Flying Cloud Fields project has been in the works since before the 2002 Memorandum of Understanding between the City and Metropolitan Airports Commission. He said some of the decisions on the project were made by previous Councils. Staff would like to review the history and rationale of the project because the Flying Cloud Field Expansion leases are on the City Council agenda for consideration tonight. Neal said the Flying Cloud Airport Final Agreement included provisions for expansion of the Flying Cloud Fields, and the 2005 parks referendum included money for this project. Neal said City staff has corresponded with MAC about this project regularly over the years. Parks and Recreation Director Jay Lotthammer presented a PowerPoint on the Flying Cloud Fields Expansion Project. He said prior to 2005 the athletic associations that use the fields and the Parks, Recreation and Natural Resources Commission participated in the use and needs analyses. In 2005, the referendum included $1.2 million for the project. Lotthammer reviewed the current site plan. The plan calls for creation of additional large fields that can be City Council Workshop Minutes September 7,2010 Page 3 used by older players. Lotthammer noted that these fields can converted to smaller fields in the future if needs change. If the City Council approves the leases tonight, staff will complete plans and specifications by December 2010, and the project will likely be bid in January 2011. Construction could begin in spring 2011 with fields being ready for play in 2013. Duckstad asked if the soccer association has offered to put any money toward the project, similar to what the hockey association did with the third sheet of ice at the community center. Lotthammer said the soccer association has not been asked to provide additional funds for the Flying Cloud Fields Expansion. Duckstad said he is concerned that the Flying Cloud Fields lease provision states that the lease can be cancelled by MAC. Duckstad said MAC is interested in doing a commercial development on part of the land. He said he assumes MAC will have to negotiate a lease for this parcel and that it probably will not have a one-year cancellation provision. Duckstad said he would like the City of Eden Prairie to negotiate the same type of lease with MAC as the developer of the commercial site. Lotthammer said that is what staff has attempted to negotiate; however, MAC says the commercial land will be treated differently because they will get market rate for the lease. Case noted that the City will not be paying market rate for the fields, and that the provision is similar to the lease the City has for other portions of MAC land. Case said the City does not have opportunities to locate these types of fields elsewhere in the City. He said he does not think MAC would cancel the City's lease because it would have negative political consequences. Rosow said it is not unusual for a lease to contain a"most favored nation" clause. The City could ask for such a provision; however, MAC would have the options of asking the City to pay market rate for the fields. Nelson asked what MAC's rationale is for the one-year provision. Neal said the land was acquired by MAC with federal money for use as an airport. Any other uses are considered temporary in nature. Rosow said MAC would have the authority to take a different lease term to the FAA for approval. Case said he is worried that if the City pushes back on MAC they will simply push back and say forget it to the City. Lotthammer said that the City of Blaine is probably paying 10 times what Eden Prairie is being offered in our lease. Aho said he believes the City should inform the public that there is some level of risk associated with these leases,but he feels it is worth the risk if we can negotiate terms similar to the other fields. Duckstad said he feels citizens would demand the same terms as a commercial tenant. Rosow said the City can propose that to MAC, but there is no guarantee they would approve such a lease. Nelson said that MAC has shown good faith in relation to the current ball fields leases. Council Chamber II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 7, 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 Rick Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:00 PM. All Council Members were present. II. COLOR GUARD /PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Duckstad added Items XIV.A.3 and XIV.A.4. MOTION: Aho moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,AUGUST 17, 2010 MOTION: Duckstad moved, seconded by Aho, to approve the minutes of the City Council workshop held Tuesday, August 17, 2010, as published. Motion carried 4-0-1,with Young abstaining. B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 17, 2010 MOTION: Aho moved, seconded by Duckstad, to approve the minutes of the City Council meeting held Tuesday, August 17, 2010, as published. Motion carried 4- 0-1,with Young abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR CITY COUNCIL MINUTES August 17,2010 Page 2 A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2010-60 APPROVING FINAL PLAT OF THE RIDGE AT RILEY CREEK 3RD ADDITION C. ADOPT RESOLUTION NO. 2010-61 APPROVING FINAL PLAT OF THE SHNEAD ADDITION D. ADOPT RESOLUTION NO. 2010-62 APPROVING COOPERATIVE CONSTRUCTION AGREEMENT WITH MNDOT FOR TH 169 /I-494 PROJECT E. AWARD CONTRACT FOR RILEY CREEK BANK STABILIZATION PROJECT TO MINNESOTA NATIVE LANDSCAPES F. AWARD CONTRACT FOR INSTALLATION OF DUGOUT COVERS ON BALLFIELDS AT MILLER PARK TO PASS FENCING G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AE2S FOR ENGINEERING SERVICES FOR UTILITIES CAPITAL IMPROVEMENT PROJECTS FOR 2010-2011 MOTION: Nelson moved, seconded by Case, to approve Items A-G on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. CUMMINS GRILL HOUSE SEWER AND WATER C.O.A. Certificate of Appropriateness for sewer and water utilities extension for the R. Cummins Homestead. Neal said official notice of this public hearing was published in the August 26, 2010,Eden Prairie News and sent to five property owners. The John R. Cummins Homestead was designated a Heritage Preservation Site on September 16, 1997. The property was added to the National Register on October 13, 1982. It is one of two sites in Eden Prairie on the NRHP. A Certificate of Appropriateness (COA) is required to make any change in, on, or to a designated Heritage Preservation Site. Any proposed change, addition or alteration to a building, structure or site must meet the Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. The Heritage Preservation Commission and staff reviewed the Sewer and Water Extension Plan to ensure compliance with these standards. The City Council approves the COA. The Eden Prairie Historical Society is requesting approval of a COA for extension of sewer and water utilities from the existing sewer and water mainline stubs located at Pioneer Trail to a termination point on the west side of the John R. Cummins House. Trenching for the utilities will follow the existing driveway alignment to minimize disturbance to the site's lawn areas. Utilities will then be brought into the house by a qualified plumber for connection to the home's existing bathroom and kitchen. The water supply will also CITY COUNCIL MINUTES August 17,2010 Page 3 be connected to exterior hose bibs, and be made available for a future interior fire suppression system. Neal said the plan is found to meet preservation standards applicable to this application request. He said the Eden Prairie Heritage Preservation Commission held a public meeting on August 16, 2010, and reviewed the sewer and water extension plan per City Code, Section 11.05, Subd. 8.C., criteria for COA. The Commission voted in favor(4-0) and recommends that the City Council approve the application for COA No. 2010-03-004, with the following condition: Prior to starting work, the Eden Prairie Historical Society and its utility contractor consult with City staff on avoiding impacts to significant trees in the trenching alignment area. Neal said the Eden Prairie Historical Society now leases the John R. Cummins Homestead from the City and, per the lease agreement, the Historical Society is responsible for extension of new utilities to the house. As part of its core mission to provide quality programs and public access to the house, the Historical Society plans to make City approved improvements to the home that provide better functionality and address access and safety needs. Extension of City sewer and water service is the first phase of the planned improvements. Dick Proops, 9408 Club House Road, asked what kind of investment we are talking about for this project. Lotthammer said the last estimate he heard was $8,000- $12,000. Neal noted this is money from the Historical Society and is not a City cost. MOTION: Case moved, seconded by Aho, to close the public hearing; and to adopt the Findings of Fact and approve Certificate of Appropriateness #2010-03- 004 for the John R. Cummins House sewer and water extension plan. 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." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Private Mowing of Public Land—Council Member Nelson CITY COUNCIL MINUTES August 17,2010 Page 4 Nelson said during this election cycle she has been talking to people living adjacent to park property, and she would like to look into a change to our rules regarding private mowing of public land, possibly by taking it through the Parks Commission. She believes there are places where it might be appropriate to mow, and people could apply for a permit to do that. We could charge for the permit and have a larger penalty for those who mow without a permit. Case said he liked the idea of sending it back to a commission to have them study it, and there might be broader issues with it that we could encompass. He said he visited an encroachment site where the people had been given a summons because they had removed buckthorn. He thought we might consider giving out buckthorn permits. Young said he was reminded of an issue Council Member Aho and he raised a number of years back so he would support having a commission look at it. Aho noted this is a good idea and this issue also came up several times in his conversations with people. Neal said staff will organize the process. 2. Special Services District for Pond Maintenance and Treatment— Council Member Nelson Nelson said there are a number of storm water treatment and natural ponds that seem to be full of green slime this year. There are some cases where the neighbors would like to have the opportunity to do something fairly permanent to make it more attractive. She would like to see if there is some way that a neighborhood could do a special service district for a pond and pay for it on their taxes. Right now we don't have a way for that to happen, and she thought this will come up more and more as the ponds age. Aho thought it is a good idea to maintain our ponds, but it is very costly to maintain them to the level where there would be no algae growth. He thought we have to be sensitive to how it would be done both ecologically and financially. It is difficult to get everyone in the neighborhood to buy into this and have it levied on their taxes. It opens up a number of issues that are not very easy to resolve. He thought we could let our commissions look into it to see if there is some way to accomplish this. Nelson said she would like to get more control over some of the ponds and deal with it in a better way than we are now. She thought the Conservation Commission might look into this. Duckstad asked Mr. Dietz to comment on this subject. Dietz thought the Conservation Commission could look into it. He said there are three things that property owners can do to help the problem: clean up pet waste, don't CITY COUNCIL MINUTES August 17,2010 Page 5 let grass clippings go into the ponds, and leave a buffer zone for water filtration. He thought we could come up with a list of does and don'ts for property owners. He noted the special services district designation has some fairly onerous criteria. He thought we could gather that kind of information and decide what the possibilities are. He cautioned it can be done to some level,but it might raise expectations about a pond that we really can't do anything about. 3. City Manager--Council Member Duckstad Duckstad said there is an imminent need for the City Council to move forward to find another City Manager. He understood Mr. Neal is very close to being considered the City Manager of Edina and, if that occurs, he thought the City Council has a duty to move forward with dispatch to find another City Manager. He thought we should set in motion a mechanism to find a recruiter who can compile a list of possible city managers. Greg Albrecht, a resident of Eden Prairie, has experience in recruiting. He thought the Mayor could designate two Council Members to discuss this with Mr. Albrecht and start the search for qualified city managers. He asked Mr. Neal what his job status is with Edina. Neal said he was being considered for the position but he has not heard anything yet. Duckstad asked if he expects to know by the end of the night if he has been accepted. Neal said he does and will let the Council know as soon as possible. Young thought the idea makes sense, and there would be a great benefit to having a local person involved in the search. He asked if Mr. Duckstad would like the City Council to take action this evening. Duckstad said we could form a plan or procedure to go forward on this, and he thought we should do something about it immediately. Young was not sure it made sense to send two City Council Members because he thought Mr. Albrecht is known to most of the Council Members. Case said he did not have a sense of panic, and we have an incredibly competent staff at the department head level that can manage the City quite effectively. He thought this is such an important and large decision that it calls for the opposite of what Council Member Duckstad is pushing tonight. He would like to have the City Manager find out what is happening and let us know in an email tomorrow. He thought it would be appropriate to come to the next meeting or a special meeting with a list of criteria of what we are looking for in a City Manager. He said this feels like we are jumping the gun, and he thought the new City Council would be the one to choose the new City Manager. He said we have been through this process a couple of times, and he would encourage us to slow down and work through the process of what we are going to do to find the right person. Young said this issue came up at the last City Council meeting, and there is no question that this Council would give input to the recruiter before the search was initiated. He saw no reason to wait, and said he has every CITY COUNCIL MINUTES August 17,2010 Page 6 intention of fulfilling his obligations to the City until December 31. Case asked if he was suggesting we appoint a City Manager who would work with this City Council for only three meetings. Young replied if it is an obligation of this Council to take action, then we will take action. We have no idea how long the search would take, and it is our prerogative to start the process. The only matter Council Member Duckstad raised today is whether we should retain Mr. Albrecht as a recruiter. Aho said he agreed with Mayor Young that it is our responsibility to make sure we have in place a strong City Manager for Eden Prairie. A decision is imminent on Mr. Neal's position, and we do have a number of critical things coming up including the budget process. The sooner we can get somebody up to speed, the better it would be for that person, for our staff and for the City Council. He said from that perspective we need to look at our process, the criteria of the job, and our contract with Mr. Neal. We should put all the pieces in place now rather than later, whether that is going to take a special meeting or we do it now. We will need to retain the services of a recruiter to employ a good, high quality manager for the City. He said he knows Mr. Albrecht to be a very reputable individual. He has spoken to Mr. Albrecht and asked him if this is something in his area of expertise, and he said it is. Nelson thought we need to get this started, but we do have some decisions to make about the search. We usually ask for a cost proposal from people, and we have no idea what Mr. Albrecht's cost proposal would be. She was not willing to pick a person tonight without a cost proposal, but she did think we need to start discussion within the Council about the type and style of contract and the kinds of things we are looking for in a City Manager. She thought we also need to decide if we are doing a national or a state search. MOTION: Duckstad moved to adopt a resolution designating Council Member Aho to obtain a proposal from Greg Albrecht and at least two other people who are competent and to obtain at least three proposals to distribute among the Council Members. Motion died for lack of a second. Case said he accepts that it is within our judgment to get this moved along. He noted Harry Bruhl of Decision Resources has worked with the City for a long time, and he has annual surveys with the community and staff about city managers. While he was not accusing anyone of violating the open meeting law and open meeting laws are a perceptual thing, he noted Council Member Duckstad and others talked about how Mr. Albrecht was known to them from Rotary. He said that sounds like you, as Council Members, contacted Mr. Albrecht. He thought it would look really bad to move on a decision tonight to hire Mr. Albrecht. CITY COUNCIL MINUTES August 17,2010 Page 7 Young thought Council Member Case unfairly characterized tonight's discussion and made an accusation. He said Council Member Nelson raised the issue of getting other bids, and Council Member Aho agreed with that. He didn't think Council Member Duckstad's comments were out of line, and Mr. Albrecht is involved in many activities in the City. Aho said he took extreme offense at the implication that he violated the open meeting laws as he looks at those things very carefully to make sure to do nothing that violates those laws. He said he sees Greg Albrecht every week at Rotary and asked him, not in an official capacity, if his firm does that kind of work. He felt strongly that we should use an RFP process for everything we do, and he simply suggested that we start the process rolling. Neal said there are some groups and people that are prominent in Minnesota for executive searches for city manager positions. Staff is willing to make some contact with those folks, to put together some very general specifications for an RFP, and to bring those back to the Council in two weeks. Duckstad said he agreed with Mr. Neal and suggested we go forward with that. Aho said he would like to add that we should solicit proposals. 4. Zero Budget--Council Member Duckstad Duckstad said at the last meeting he urged the City Council to direct the City Manager to go forward to work and create a zero budget. It would appear there was a consensus the City Manager go ahead and prepare another budget which would result in a zero increase over this year. Neal said he understood that the City Council desires to see the impacts of a budget that is a zero levy/zero spending increase. He also understood the City Council wanted to have input from the Budget Advisory Commission (BAC) on that scenario as well as a couple of others, and that is on the agenda of the BAC to review. There is a joint session of the BAC and the City Council scheduled for mid-October to review those scenarios. Duckstad then asked if we plan to go forward and prepare at least one zero budget. Neal said that is correct. B. REPORT OF CITY MANAGER 1. Budget Advisory Commission Recruitment Process Neal said a couple of years ago we changed the terms of the members of the BAC as well as the appointment structure and timing for that commission. He said there are three members of the current BAC whose terms are expiring at the end of this year. We need to begin the process of soliciting and recruiting new members. He proposed we open the process for application on September 15 and close the process on October 15 with a CITY COUNCIL MINUTES August 17,2010 Page 8 special meeting or interview night on Tuesday,November 9. If we can make the selection on November 9, it could be acted on at the November 16 Council meeting. We could then do a month's worth of orientation if there are new members. If we were to have a special interview night or workshop on November 9, we would still have just two meetings in November. Nelson said the timeline sounds good to her, and November 9 would seem to be an appropriate date. The other Council members agreed. 2. Resolution No. 2010-63 Certifying Proposed 2011 Property Tax Levy, Accepting Proposed 2011 Budget, Setting Public Hearing Date & Consenting and Approving the HRA Tax Levy Neal said Minnesota Law and administrative rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed net property tax levy by September 15 and certify it to the county auditor. In addition, the City Council must accept a proposed budget for the coming year. The City must announce at this Council meeting the future time and date of the regularly scheduled meetings at which the budget and levy will be discussed and public testimony taken. The Council must adopt the final tax levy and budget by December 15. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. He said we have typically tried to set this as close as possible to what we believe will be our budget needs are for the upcoming year. We try to set a number so that we can move it down in the next two months as the Council's desires and our understanding of our revenue become clearer. We set the final budget in December, and that can be at or lower than the amount we set tonight. He said we have the same budget proposal tonight that we reviewed at the August 17 workshop. Duckstad said this has been an unusual year and the economy remains in a very difficult condition. We continue to have people who have been laid off and people who are suffering from wage freezes. He believes the level that we have set for the preliminary budget is too high, and he would like to make an amended motion. Young said he tended to agree with Council Member Duckstad. Nelson said she wants to hear what the BAC has to say, and she didn't think this will be the final number. We need a deliberation of what services would have to go, and that is not something to do lightly and without thought. She would rather pass this and then listen to considerations and implications in order to come down to a budget that makes sense to the community. She believes the people of this community need us to take a good solid look at this, and we need to hear the advice of the BAC. Aho said this is the maximum amount of the levy, and we have hardly every used that amount as the final number. We are not tied to this as the final CITY COUNCIL MINUTES August 17,2010 Page 9 number, and he too would like to see a lower number as an end result. We have to approve a number tonight and come up with an amount. He saw no reason why we shouldn't approve this amount tonight and then work diligently to find how we can reduce the amount. Duckstad agreed that we should consider the recommendation of the BAC. He said there is a report from them recommending a zero increase budget for 2011, so we have already been given their recommendation. He saw no reason not to strongly consider the recommendation from that commission. Case agreed that people would be quite concerned to learn we were raising taxes in an arbitrary manner, but people would also be just as concerned if we follow Council Member Duckstad's proposal to lower the number tonight when we don't really know what that would mean to the community. We are just setting the maximum tonight and will study this over the next few months to find out if a zero budget could work. Young said it seemed to him if the Council is committed to a zero percent levy, it is passed as a zero percent levy tonight. That gives us two months to study the budget in a more thoughtful way. Case noted a zero percent budget is different from a zero percent levy. He was not opposed to a zero percent levy increase and would like to study that to see the impacts, but that would mean a zero percent tax increase on the tax base. He thought a zero percent budget might have devastating effects. He thought it would be irresponsible to lower the proposed amount before we study the budget over the next two months. MOTION: Duckstad moved to adopt a resolution to certify the proposed 2011 property tax levy to be the same amount as was established for 2010 ($30,512,986), to set December 7, 2010 as the meeting which will include discussion of the budget and provide for public comments, to accept the proposed 2011 budget of an amount that represented the same number that was set in the 2010 budget, and to consent and approve the HRA tax levy of $200,000. Kotchevar said for a flat tax levy the amount would be $32,009,673, which would compare to the proposed levy of$32,761,605 for this year. Motion died for lack of a second. Rosow said this is complicated and he thought it might be appropriate to put a hold on this discussion and go on to the next item so that Ms Kotchevar can put the figures in writing. That would give a clearer understanding to everybody. Young agreed and the Council moved to the next item. 3. Flying Cloud Fields Leases CITY COUNCIL MINUTES August 17,2010 Page 10 Neal said there was a good discussion on this item prior to the meeting tonight. We reviewed again the necessity of the project that was driving this section of the lease agreement. He said we have brought back for Council approval two revised lease agreements, one for the existing Flying Cloud fields and another for the Flying Cloud field expansion area. Rosow said there are three differences between these versions and what the Council saw before. The commencement date was changed from August 1 to September 1, the exact legal descriptions were added in, and Paragraph 6 was changed. The previous version of Paragraph 6 included a specific amount of rent per year and included the phrase"including all renewal periods." The current version removes the phrase "including all renewal periods." The MOU states the cost to Eden Prairie to lease the property shall be subject to negotiation but shall be at the same order of magnitude as the current lease payment so long as the Federal revenue diversion policy remains the same. The two leases under discussion are for the current fields and the expansion fields. The community gardens and the MOU will be dealt with separately. Duckstad said he was concerned about the two leases we are being asked to pass tonight but also there is another parcel of property that is adjoining Pioneer Trail that the MAC may intend to have developed as a commercial piece of property. He believes they want to entertain the right to develop the property, in which case because they are the owner of the land they will most likely enter into a lease with an investor. The leases we are asked to sign tonight have a provision that the MAC, in conjunction with the Federal government, can recapture the land we lease any time within a period of one year and would owe us nothing if they exercise that recapture provision. He believes we want ball fields, but he wants a fair shake from the MAC. He wants the MAC to be willing to renegotiate these leases so that we have the same opportunity of a recapture provision as they would allow a commercial enterprise. He thought that would be fair and would help tell our taxpayers we are negotiating the best extension we could. Neal said this is and has been an issue with the Flying Cloud fields, both the current ones and the expansion area, for 20 some years. It will always be an issue in the community because we don't own the land. We get the land at a very sub-market lease payment to the MAC, and that is what we will receive if the City Council approves the lease agreements. We have never represented it in any way other than there is risk associated with it. The commercial development scenario outlined by Council Member Duckstad is possible but at this time it is hypothetical, and there is no commercial development proposal floating out there. They have told us there is a desire to develop that corner as a commercial development but they have not done so at this point. The term of the agreement and the language of this agreement were spelled out by the MOU approved in 2002. That has been our chief negotiating term with the MAC in this whole process. CITY COUNCIL MINUTES August 17,2010 Page 11 Aho said he agreed with Council Member Duckstad's concerns about investing the amount of money that we are looking at into this field, given the fact that we have the opportunity to have it taken away from us within a period of one year. However, it is a risk we have been taking for a number of years on the current fields, and we have been okay with that. He didn't know that we have a lot of choice to renegotiate the MOU put in place in 2002. He thought it would be nice to have an agreement that gave us a longer lease period with a clause that MAC would reimburse us if they took it back, but the chance of being able to renegotiate in that fashion is pretty low. He said he is comfortable with the risk, considering the past history with the MAC on this subject. Duckstad said he was not willing to abandon the idea that we should make a further effort. We will make another significant investment of$1,200,000, and before we do that we owe it to the taxpayers who are being subjected to the risk to go back to negotiate with the MAC. He was also concerned that a referendum raised$1,200,000 for this ball field, and he didn't know if the public was told more than the fact that the money would be used for a ball field when that referendum was passed. He wasn't sure they were told the MAC was giving us a lease where they could take it back in one year. He was concerned we are going ahead with the leases without going to the MAC to say we want to reserve the right to renegotiate the lease to one that is just as good as what they would give to a commercial development. Nelson said she was not completely happy with our situation at Flying Cloud fields; however, we have been in the same situation for 20 years. She believes at the time of the referendum people knew we would be building fields on property that did not belong to the City. There is also a risk the other way that they won't give us the fields. Since there is risk either way, it seemed to her this agreement is the same as before and is a reasonable price to the City. She said the history of good faith is there with the community. Neal noted he was part of the communication process from 2004 and 2005 and could provide ample evidence that we were very straight forward with the voters about what our potential control of that property was going to be. It was communicated often and clearly. Rosow said he wanted to point out a couple of items for clarification of the terms. It is a three-year lease with a recapture by the MAC upon one year written notice to the City with no monetary compensation. The renewal will be based on a new determination by the MAC and the FAA that the property is not needed for exclusive aviation use. The proposed lease in many respects follows the terms of the prior lease. The terms of the MOU are being followed with respect to the language. He said his position would be that if they don't need it for exclusive aeronautical use, then the lease renews. That does not eliminate the concern regarding the one year written notice. The MAC was originally sued by Northwest Airlines about revenue diversion, and that slowed up the whole process. CITY COUNCIL MINUTES August 17,2010 Page 12 Duckstad asked if the lease states it can be renewed for a period of three years but it does not state we have the right to renegotiate. Rosow said that was correct. Duckstad said so no matter which three-year period we're in at any time the MAC can send a notice to the City saying, "Sorry, get out of there."Rosow said the MAC can give one year's notice without explanation to terminate the lease at any time, and it states "with no monetary compensation."He said we asked them if they had anything in their 20-year plan that would preclude our use our use of the property for the athletic fields and their answer was they did not. Case said we have been living under these circumstances for two decades, and we have no other alternatives for fields. He believes this is the best deal for the people of Eden Prairie, and 20 years of City Councils have consistently believed that. Neal said their direction in terms of hanger construction is south of the airport, and they have taken considerable pains to develop to the south rather than to the west. Aho said he understood the 2002 MOU also states that they basically expanded the runways to the maximum limit allowed. Rosow said he believes the longest runway is at the maximum length for this type of airport, subject to any change in State law that would extend the maximum length of runway for this type of airport. Aho said his point is that there is very little chance the MAC would have an aviation purpose for the use of this property, therefore the risk of their taking the property would be equally as low. Rosow said based on all our discussions with the MAC he believed that was a fair statement. Duckstad said he just wanted to talk to the MAC one more time to see if we can get a better deal for our taxpayers. A representative of the MAC present at the meeting said by doing a lease term of three years or less the FAA does not have to act on the MAC's ability to enter into a lease with the City. He noted there will be a point at which the MAC will be required to let the City have the property at fair market value, and fair market value is many multiples of the lease rate in the current agreement. Young said he understood Council Member Duckstad's concerns and believed they are legitimate. MOTION: Case moved, seconded by Aho, to approve lease agreements with the Metropolitan Airports Commission for Flying Cloud fields and the Flying Cloud fields' expansion area. Motion carried 5-0. 2. Resolution No. 2010-63 Certifying Proposed 2011 Property Tax Levy, Accepting Proposed 2011 Budget, Setting Public Hearing Date & Consenting and Approving the HRA Tax Levy (Continued) CITY COUNCIL MINUTES August 17,2010 Page 13 MOTION: Duckstad moved, seconded by Young, to adopt a resolution to certify the proposed 2011 property tax levy to be $32,009,673, to set December 7, 2010 as the meeting which will include discussion of the budget and provide for public comments, to accept the proposed 2011 budget of$40,414,931, and to consent and approve the HRA tax levy of $200,000. Nelson said she believes setting it at zero without any discussion of the implications is irresponsible. We have a state pension increase, and health insurance is going up. It is irresponsible to just set it at zero without having the option to raise taxes 50 cents to $1 per month for people so we don't have to risk looking at getting rid of police officers. She said she couldn't vote for this amount as it is too low and doesn't take into consideration the reality of inflation. Case said we are forgetting last year we used $976,084 of the Budget Stabilization Fund to stay even and we are actually short this year. He was guessing we will be $1-1,200,000 short. That means Council Member Duckstad's proposal would either force us to borrow again or to find $1,200,000 to cut from the budget. He found it unbelievable that we are considering doing this tonight without the facts or the numbers. Aho said this is a very important topic but he didn't like some of the things we are throwing around. The more fair way to say this is to say we will have to reduce the budget rather than saying we will have to reduce the police and fire personnel. He thought we spent too much out of our Budget Stabilization Fund in past budgets trying to keep the levy at zero. He thought spending that much out of the fund was not good. To set a proposed budget and levy at zero tonight and go ahead to try to achieve a zero budget and a zero levy without knowing all the facts is not a great idea. Neal said one measure of how the Council could go about this would be to look at how we have handled this issue in the recent past. We could look at the last couple of years where we have had a flat levy and flat budget increases. He hoped the Council would take that as a signal that we can as a group in a responsible way meet a goal of fiscal restraint in an orderly fashion. Duckstad said we have a BAC that has been working on this all year, and they have had a full budget to look at. They have recommended a zero increase budget for 2011. He respects the work they have done and didn't think they have blindly gone ahead to reach a conclusion they did not feel was correct. Case was concerned that once again we throw around the two words, budget and levy. The motion says levy but now Council Member Duckstad quoted the budget. He said he certainly supports a zero budget, but the motion is CITY COUNCIL MINUTES August 17,2010 Page 14 requesting a levy tonight that would drive a $1,200,000 debt. He asked if the BAC recommended a zero percent levy or a zero percent budget increase. Duckstad said it was a zero percent budget increase. Neal said the BAC's review of the operating budget has been quite abbreviated this year. Most of their focus has been on the capital improvement program. They did make a recommendation for a zero percent budget, but they also made a recommendation to include a 2 percent wage increase across the board. He thought it has been our intent to have some additional deliberation with the BAC when we had clearer Council direction. Young agreed with Council Member Duckstad and also thought in years past when we set the preliminary budget at a higher level there has been a lot of comments on the various budget proposals and, at the end of the day, there are several proposals to consider. Our residents don't know what we are considering because of the various proposals out there. We have relied heavily on the Budget Stabilization Fund for several years. We need to have a medium and a longer term vision of what services we deliver. There is a three month opportunity to look at different ways of funding. He thought we need to start forcing the longer term solution. Aho agreed we need to strive for a zero budget increase this year, but there are a number of factors we need to consider that may change that outcome. He would like the opportunity to have some flexibility. Our direction to staff would be to give us a zero percent budget and see what it would look like. We could see what service levels would be like under that zero percent budget. He also did not want to see the Budget Stabilization Fund go to zero. Tonight we need to give ourselves flexibility but also direct staff to look at a zero percent budget increase. Duckstad said earlier Council Member Case said there was some confusion about the terms levy and total budget and he didn't understand why there was confusion. The amount stated in the motion is the same amount as the total budget for 2010. The 2011 and 2010 budgets are identical. Case said he was just pointing out there is a difference between the levy and the budget. He said if we drive the levy down to zero we may force ourselves to go to the Budget Stabilization Fund in order to keep the budget at zero. He favored looking at a zero budget but didn't necessarily favor a zero levy increase. VOTE ON THE MOTION: Motion failed 2-3-0, with Aho, Case and Nelson opposed. MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2010-63 to certify the proposed 2011 property tax levy to be $32,761,605, to set December 7, 2010 as the meeting which will include discussion of the CITY COUNCIL MINUTES August 17,2010 Page 15 budget and provide for public comments, to accept the proposed 2011 budget of$41,465,943, and to consent and approve the HRA tax levy of $200,000. Motion carried 3-2-0,with Duckstad and Young opposed. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Lease of City Owned Property Located at 8098 Glen Lane Jeremiah said the City acquired the old Kinder Care property earlier this year for Singletree Lane improvements. We anticipated selling the property but there was a lot more interest in leasing it. Tonight's proposal from Ace Daycare provides a $14 per square feet rental for five years to be renewed after five years. The lease would be with residents of Eden Prairie who are currently operating a day care out of their home and who would seek a license for this larger facility. This was a competitive lease process, and this lease proposal was higher by$70,000 over the five years. Aho noted the proposed lessee has some experience in the field of daycare and is currently running a home daycare. He asked how comfortable Ms Jeremiah was that they will be an on-going concern in the future and that they will be able to obtain licensure. Jeremiah said they looked at the financial and business background of the applicants, and this particular applicant has a degree in business and has operated other businesses before. Whether they can obtain the license is a question we worked on quite a bit. That is the reason they asked for the concession of four months free rent. We have asked and received a down payment for two months' rent. If they obtain their license, half the down payment would go towards the fifth month rent. Aho noted the concession is they will get four months of lease free of charge if everything goes through properly. Rosow said during those four months until January 1, they have the opportunity to obtain the licensure and if they don't obtain it they are free to cancel the lease. The lease is also cancellable by the City on one year's notice in the event the City needs the property for commercial development. Aho asked if we owe the lessee compensation for improvements on the property. Rosow said we do not. Duckstad asked how long the property was on the market. Jeremiah said it was on the market about four months before staff came back to tell the Council there was limited interest in purchasing it. Duckstad asked if she thought we did the best we could under the circumstances. Jeremiah said she believes this is a very good proposal in the current real estate market. MOTION: Case moved, seconded by Nelson, to approve a new lease between the City of Eden Prairie and Ace Daycare for a child daycare center at the City owned property located at 8098 Glen Lane. Motion carried 5-0. CITY COUNCIL MINUTES August 17,2010 Page 16 D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Duckstad moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 9:02 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 21, 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. Temporary Liquor Organization: Church of Pax Christi Event: Leadership Wine & Cheese Event Date: October 29, 2010 Place: Church of Pax Christi— Social Hall New Liquor License Licensee name: Morneau Hospitality Group DBA: Prairie Ale House 16936 Wagner Way - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 21, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Jim Richardson Adopt Resolution Declaring Costs to be Public Works/Engineering Assessed and Ordering Preparation of Special Assessment Roll and Setting Hearing Date Requested Action Move to: Adopt resolution declaring costs to be assessed and ordering preparation of special assessment hearing rolls and setting hearing date. Synopsis A Special Assessment Hearing is conducted annually in late October or early November. The assessments levied are for projects which have reached the point of substantial completion since the previous hearing. This process is conducted in accordance with State Statutes and procedure developed with the assistance of the City Attorney. Attachments • Resolution • Exhibit A - 2010 Special Assessments CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2010- RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF 2010 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE WHEREAS, contracts have been let for the following listed improvements and the total project costs, including expenses incurred, or to be incurred and the City's share, exclusive of that assignable to City Property, are established as shown on the attached Exhibit A. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1. The costs of such improvements to be specially assessed are hereby declared to be those as set forth in Exhibit A. 2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in the office of the City Engineer for public inspection.. 3. A hearing shall be held on the 19th day of October, 2010 in the Eden Prairie City Center, 8080 Mitchell Road, at 7:00 p.m., to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. She shall also cause mailed notice to be given to the owner of the record of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the Eden Prairie City Council on September 21,2010. Phil Young,Mayor ATTEST: SEAL Kathleen Porta, City Clerk EXHIBIT A 2010 SPECIAL ASSESSMENTS September 21,2010 PROJECTS Total Cost City Funds Amt to be Assessed I.C. 07-5690 Singletree Lane Improvement(SAA 07-07) $1,553,168.61 $418,168.61 $1,135,000.00 Supplementals Trunk Sewer&Water $10,034.74 $0 $10,034.74 Connection Fees $50,832.00 $0 $50,832.00 SAC/WAC $30,200.00 $0 $30,200.00 Snow Contracted Removal $52.50 $0 $52.50 Tree Contracted Removal $6,000.00 $0 $6,000.00 Tall Grass/Weed Contracted Removal $6,000.00 $0 $6,000.00 TOTAL $1,656,287.85 $418,168.61 $1,238,119.24 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 21, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILC. Office of City Manager Resolution Approving Appointment of Election Kathleen Porta, City Clerk Judges & Student Election Judges for the General Election Requested Action Adopt the resolution approving the appointment of election judges and student election judges for the November 2, 2010 General Election. Synopsis State Statute 204B.21, Subd.2 requires appointment of election judges by the City Council at least 25 days before the election. These judges are in addition to the ones approved at the June 15, 2010, City Council meeting. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election. BE IT RESOLVED by the City Council of the City of Eden Prairie that the following persons have agreed to serve as election judges,student judges,or alternate judges and are appointed for the General Election to be held November 2, 2010. BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. Daniel Carlos Abraira Beth Koehler Stephen Shea Edward Armstrong Leslie McDonald Theresa Shipp Jessica Broich Bergmann Darrel Olson Glenna Shold David Clausen Deborah Olson Lisa Kay Soldo-Johnson Gene Dahlke Ronald Paul Wesley Sund Mary Ewald Wendi Peterson Pamela Teply Christina Factor Mary Ann Pfeiffer Julie Toskey Jeffrey Fletcher Carol Pierce Linda Wallace Susan Hedberg Jim Rannow Marianne Ward Elizabeth Hustad Julie Rose Tyler Wernsing Colleen Kennealy Karen Rosicka Marie Wittenberg Students Lindsay Allard Mitchell Gulbrangen Erik Olson Joshua Angelchik Brandon Hill Tim Ose Petra Bachour Elizabeth Hogan Pranay Rao Nicholas Baker Grace Hotchkiss Kathryn Ravey Lydia Bausch Megan Howe Mitchell Rea Melissa Berman Jacqueline Ihinger Brian Rolf Jamie Bernard Nikhil Kapil Caroline Schmitz Sara Bushland Elizabeth Krantz Sandra Shim Sarah Claeys Anna Leenay Sarah Simon Kathy Coetzee Alina Matson Brian Stroinski John Cwodzinski Caitlin McCabe Natalie Townsend Devon Dalton Emily Millin David Wang John-Paul Dees Elizabeth Moriarty Eric Wiig Rebecca Ebert Jackson Mullett Kiri Xu Ross Enger Ali Nordberg Sara Fitzpatrick William Norton ADOPTED by the Eden Prairie City Council on this 21st day of September 2010. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor CITY COUNCIL AGENDA DATE: September 21, 2010 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Paul Sticha, Office of the City Reject Bids for Metal Roof Manager, Facilities Replacement at City Center Requested Action Move to: Reject all bids for the Metal Roof Replacement Project at City Center. Synopsis Base Bid Atomic Sheet Metal $149,000 John A Dalsin Roofing $160,417 Specifications were written by Environmental Process Inc (EPI) and a request for bids was published in the Eden Prairie News. Two bidders attended the pre-bid meeting held by EPI and City of Eden Prairie staff. Bids from both contractors exceed budget dollars available. Staff recommends we reject the bids and postpone this work until 2011 or 2012 and rebid at that time using the above bids to establish the CIP budget. CITY COUNCIL AGENDA DATE: September 21, 2010 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Paul Sticha, Office of the City Reject Bids for Standby Generator at Manager, Facilities Community Center Requested Action Move to: Reject all bids for the Standby Generator Project at the Community Center. Synopsis Base Bid Prairie Electric $191,489 Terranova $224,440 Specifications were written by Environmental Process Inc (EPI) and a request for bids was published in Eden Prairie News. Two bidders attended the pre-bid meeting held by EPI and City of Eden Prairie staff. Bids from both contractors exceed budget dollars available. Staff recommends we reject the bids and postpone this work until 2011 or 2012 and rebid at that time using the above bids to establish the CIP budget. These bids reflect one generator sized to operate only the most critical equipment, with the capability to add a second generator to operate the balance of the building in the future. It would also be prudent to establish a CIP budget for both generators and complete the project in one year instead of two. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 21, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Office of the City Manager Approve purchase of Mitel Phone Lisa Wu, IT Manager System Upgrade from Marco Requested Action Move to: Approve Purchase Agreement of Mitel Console System from Marco. Synopsis As part of phone system scheduled hardware upgrade, the City of Eden Prairie needs to upgrade our Mitel Console Systems at the City's front desk and Police's front desk. The existing systems have been used over 10 years and the technology will no longer be supported. The total purchase will cost approximately$46,189. This includes the previous approved $24,324 from the September 1, 2009, Council meeting, in addition to software upgrades for this equipment and migration of 50 (5330) IP phones. The additional phones are under our current phone operation budget. The new system will improve our voice over IP phone system redundancy and provide better service. Attachment Mitel Upgrade Purchase Agreement(Statement of Work) from Marco STATEMENT OF WORK City of Eden Prairie Marco can help you apply Mite) Upgrade network technology to Prepared For: voice communications, Client Name: Scott Heddle Company Name: City of Eden Prairie data networking, Address: 8080 Mitchell Road Eden Prairie, MN 55344 Phone: 952.949.6200 audio/video systems, Email: SHeddle@edenprairie.org Date: August 11, 2010 facility security, and Prepared By: ■ print and document Technology Advisor: Randy Lindstedt Phone: (651) 634-6100 Email: randy)@marconet.com management solutions. Web: www.marconet.com Project Number: 4178 Ai* Your trusted technology advisor marconet.com 1 Statement of Work Table of Contents About this Statement of Work 3 Current Situation and Desired Outcomes 3 Description of Services and Deliverables 3 Base System Installation 3 Marco Design Assumptions 3 5550 IP Console Application 3 Marco Training 4 Schedule of Products 5 Billing 5 Facilities 6 Change Management 6 Terms and Conditions 6 Returns 7 Notice to Proceed 8 ACCEPTANCE SIGNATURES: (pre-authorization of project scope and services) 8 Next Steps 8 SOW COMPLETION ACKNOWLEDGEMENT FORM 9 www.marconet.com 4178 Page 2 rriQ Statement of Work About this Statement of Work This Statement of Work (SOW) outlines the products (if applicable), services, and deliverables that Marco will provide to City of Eden Prairie (hereafter referred to as "City of Eden Prairie"). In addition, this SOW outlines the roles and responsibilities of Marco and City of Eden Prairie during this review and the key dependencies upon which this SOW is based. Marco will work closely with City of Eden Prairie on a consultative basis to optimize the success of the engagement. Any requested changes to this statement of work will be accommodated according to the change management process outlined below. Current Situation and Desired Outcomes The City of Eden Prairie has an existing SX2000 networked with a Nupoint IP, EM/Ops and a 3300. This SOW will upgrade the SX2000 to a 3300 and connect all existing nodes to the new 3300 and existing 3300. The 3300 will be networked using IP trunking. The current database will be migrated to the new 3300's and remove the DSU T1 connections and program the current T1 (2) in the embedded 3300. The current EM/Ops will be removed. There are 50 phones included with the upgrade, these will not be programmed or installed as part of this SOW. All warranty and support will be provided with the current support contract in place. Description of Services and Deliverables Outlined in this SOW is a complete description of all services that will be provided by Marco. Marco-certified engineers will perform all work according to established manufacturer implementation procedures and guidelines. Prior to the completion of work, Marco will perform standard test procedures to confirm operability of equipment according to manufacturer-published specifications. Base System Installation Marco will provide installation based in the schedule of equipment in this SOW. An implementation schedule will be delivered to customer at initial kick off meeting. This schedule will provide customer with a timeline and specific details outlining the scope of the project. Marco Design Assumptions • Customer kickoff meeting • Project meeting • Master design meeting with customer's designated contact • System acceptance activities For this particular implementation, Marco assumes the following: • Phone placement is NOT included • Trunk rerouting for 911: No • On-site post-cutover support hours: 8 Marco will also provide project management services for this project, including: • Coordination of all project meetings www.marconet.com 4178 Page 3 fOrc Statement of Work • Monitoring of project plans and timelines • Management of project action items • Management of the design process, including all design meetings • Development of end-user training approach and materials • Management of cutover and post-cutover support, including the post-cutover punch list 5550 IP Console Application • IP console application software will be installed on the City of Eden Prairie provided PC • City of Eden Prairie will ensure the PC meets the published hardware and software specifications and is ready for installation of application software prior to the commencement of implementation Marco Training Marco will provide City of Eden Prairie with the following training classes: • Console user training: 2 classes, 1 hr/class, max 2 attendees/class • Administration training, one class, 4 hours www.marconet.com 4178 Page 4 fl1OUCO Statement of Work Schedule of Products The proposed schedule of equipment below is the detail of all items included in the solution. This schedule includes all equipment and labor services if applicable. The prices quoted in this document are estimated based upon the information available at the time of this quote. The final billing amount may vary depending on the actual labor hours required to complete the work. Any changes to this statement of work involving extra costs will be implemented only upon written customer authorization and will become an extra charge over and above this quotation. Qty Part Number Description Unit Sell Ext Sell IP Peripherals 50 50005804 5330 IP Phone (Backlit) $240.50 $12,025.00 3300 ICP Hardware 2 50003071 5550 IP Console Dark Grey $1,750.00 $3,500.00 1 50003696 3300 Single-Mode Extended Dual FIM $1,260.00 $1,260.00 2 51005172 C7 Power Cord with NA Plug Type $3.25 $6.50 1 52002351 3300ICP Tech Upgrade Promo $3,990.00 $3,990.00 Package 3300 ICP Software 50 54004975 MCD Enterprise License $153.00 $7,650.00 2 54000291 MCD User License $68.00 $136.00 2 54000294 MCD Device License $38.25 $76.50 Mite! Miscellaneous Equipment 2 50001248 Dual FIM Interface Module $350.00 $700.00 1 50003560 Embedded Digital Trunk Module $1,050.00 $1,050.00 Miscellaneous 1 52002682 SX2000 Upgrade to 4.1 $10,880.00 $10,880.00 1 REBATE Rebate -$10,880.00 EQUIPMENT SUB-TOTAL $30,394.00 SERVICES SUB-TOTAL $15,795.00 TOTAL PRICE (not including $46,189.00 taxes) Billing Services for this project will be billed at the predetermined rates per the proposal. Payment terms are as follows: Net 30 Days www.marconet.com 4178 Page 5 rnOrc Statement of Work Facilities If applicable, City of Eden Prairie will provide full access to all premises as needed by Marco to perform its responsibilities under this SOW. Any refusal of access shall relieve Marco of its performance obligations and the assessment schedule shall be revised to reflect the delay. City of Eden Prairie will also provide a suitable work area for Marco personnel, and will provide remote high-speed internet access to the voice network during the entire phase of implementation. Marco will work with the carrier of choice on any line changes that City of Eden Prairie requires at the time of installation of a new system. City of Eden Prairie accepts any and all charges from the carrier for these changes. Marco requires a minimum two week window upon confirmation of installation of new facilities to schedule the implementation of the new system. Change Management Marco will review changes to this statement of work that are requested by City of Eden Prairie. As part of this review, Marco will prepare a Change Order that documents the requested change and, if applicable, any impact on the implementation schedule and pricing. Marco will incorporate the change into the project schedule and scope of work upon receipt of the City of Eden Prairie-signed Change Order. Changes requested can affect the implementation schedule and services price quoted. As a result, Marco will not implement any change without a Change Order authorized by City of Eden Prairie and accepted by Marco. Change & Addition Pricing Any changes or additions to this Statement of Work, requested by City of Eden Prairie, will be priced according to our prevailing rate or, if requested by City of Eden Prairie, separately quoted before the change or addition is made. Terms and Conditions This Statement of Work (SOW) is subject to the terms and conditions of the Marco Product and Services Agreement dated , executed by and between City of Eden Prairie and Marco. This Statement of Work (SOW) is subject to the following terms and conditions: Marco shall not be responsible for any delays that result from incomplete or inaccurate information supplied by City of Eden Prairie. Any work performed by Marco that is not listed in this scope of work or which is required to assist City of Eden Prairie with the completion of this project will be subject to the change management process described above. Marco shall not be responsible for any failure of equipment or network service resulting from any City of Eden Prairie-supplied equipment. In no event will Marco be liable for any damages caused by City of Eden Prairie's failure to perform its responsibilities. Marco will work with the telephone vendors in ordering and installation of service, but will not be responsible for delays or discrepancies of those vendors. www.marconet.com 4178 Page 6 fOrc Statement of Work Returns Pre-authorization is required for all returns. If you are not satisfied with your purchase, please follow the guidelines below to request approval for a return. Product(s) must be returned to Marco within 15 calendar days of purchase date provided the following criteria are met: 1. Product(s) must be in resalable condition and not damaged. Product(s) must be complete and in manufacturer's original packaging, with no visible damage (i.e., rips, tears, compressions, holes or dents). All seals and packaging tape of manufacturers packaging must be unbroken. There must be no markings or writing on manufacturer's packaging. There must be no stickers, other than the shipping label, on manufacturer's packaging. Product(s) found not to be in resalable condition will be subject to a restocking fee and /or denial of credit. 2. Special or custom orders are non-returnable. 3. Product(s) may be subject to restocking fees. 4. Product(s) that have been installed will be individually reviewed and may be subject to restocking fees, a refusal of return, no credit for the installation and delivery charges, and/or added fees for pick up. 5. Please request your Marco RMA by one of the following: • Website: www.marconet.com (online services) • Email: returns@marconet.com • Phone: 1.800.892.8548 (ask for Returns Department) www.marconet.com 4178 Page 7 morC° Statement of Work Notice to Proceed Execution of this Statement of Work (SOW) by City of Eden Prairie shall constitute notice to Marco to proceed with the project described in this SOW. NOTE: Scheduling action cannot be finalized until your concurrence with the SOW has been returned to this office. Any delay at this time can incur a delay in the installation of your programmed facility. Signed SOW ("ACCEPTANCE SIGNATURES:" section) may be either FAXED to 651- 636-2855, e-mailed to cindykal@marconet.com or MAILED to: Cindy Kalahar Marco 953 Westgate Dr. Suite 101 St Paul, MN 55114-1081 ACCEPTANCE SIGNATURES: (pre-authorization of project scope and services) ADA_ August 11, 2010 Randy Lindstedt Date Marco Account Manager August 11, 2010 Eric Cullum Date Sales Engineer Date City of Eden Prairie Next Steps Upon receipt of this notice and confirmation of purchase order receipt, Marco will initiate the following "next steps": 1. Contact City of Eden Prairie to schedule installation dates and introduce a Marco Project Manager (if applicable). 2. Assign trained and certified technical resources following confirmation of scheduled dates. These resources will ensure successful completion of tasks as detailed in this SOW. 3. Schedule a Project Kick-off Meeting/Conference call with City of Eden Prairie and Marco. During this meeting, Marco will introduce the assessment team, work with City of Eden Prairie to develop a detailed project schedule, set project milestones and discuss all aspects of this assessment. The Kick-off will provide an opportunity for Marco and City of Eden Prairie to address any outstanding questions or areas of concern. In addition, begin work according to this statement of work and the agreed schedule. www.marconet.com 4178 Page 8 fOrc Statement of Work SOW COMPLETION ACKNOWLEDGEMENT FORM POST-INSTALLATION ACCEPTANCE: This area is to be completed AFTER installation: System tests have been successfully completed and the unit is considered operational on this day of , 20_. Customer's Acceptance Signature Date Authorized Marco Representative Date Outstanding Issues / Comments: www.marconet.com 4178 Page 9 f 1OUCO CITY COUNCIL AGENDA DATE: SECTION: Public Hearing September 21, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 10-05 ITEM NO.: IX.A. Denise Christensen Vacation of a portion of the Drainage and Utility Easements lying over,under and Public Works/Engineering across Lot 5, Block 4, The Ridge at Riley Creek 2nd Addition Requested Action Move to: • Close the public hearing; and • Adopt the resolution vacating a portion of the Drainage and Utility Easements lying over, under and across Lot 5, Block 4, The Ridge at Riley Creek 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Synopsis The Property Owner has requested the vacation of the drainage and utility easement over a part of Lot 5, Block 4, The Ridge at Riley Creek 2nd Addition to facilitate the building of a swimming pool. City Staff have reviewed this request and determined that there are no existing or future needs for this portion of the easement and it can be vacated. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENT OVER, UNDER AND ACROSS LOT 5,BLOCK 4, THE RIDGE AT RILEY CREEK 2ND ADDITION VACATION 10-05 WHEREAS, the City of Eden Prairie has (a) certain Drainage and Utility Easements described as follows: That part of Lot 5, Block 4, The Ridge at Riley Creek 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota, described as the west 10.00 feet of the east 20.00 feet of said Lot 5, Block 4, Except the south 5.00 feet and the north 5.00 feet thereof. WHEREAS, a Public Hearing was held on September 21, 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 Easement as described above is hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on September 21, 2010. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk w a_ a z Li A�� `'- m V EY ,� R p z C VALLEY RD. o 22. o a r 0 W w N U / 1 v, U o; S,o 1 0 6. 0. / 4)/ 4/0 23.Hcci O'C ' o �� Riley T1 1 6N m ct R22W ect 20 21 COIJ( i.FE G�'�P 29 28 R SITE ALTO oWAY TILIA STRATUS RUS F'��, �0SPECTcr _ 0 CT. CIRct Q N AJ ., Y C/ o `- 71 ACp R R/p�F W M M N , ,..,\:GG QpR ,., , DR. I BEVER\ z w _ RD. o DR. 4 t-" tVAC 10-05 NORTH LOCATION MAP Lot 5, Block 4, The Ridge At Riley Creek 2nd Addition �-1 os --T ----- Easement per P�°�1 // Vt�A�ty I oro�nage >s \ \ I ,1 w °° \ I; I 0 Q. \ ''7g \\ `0dn. I�, w so \\ o m s, l \ co F/ A 0 °� w I •(o v I% I z z \ r- I I o w \\\ 1 w \ I - Cl) I, \ I \ \ I I N o \\\ r /.,I N z \\ r „I 0 �� \\ k i O PTO No \ I 1 m .°° \ 10. ''\ I g \\ I s \ I v. I ° I �� �'� \\ r 'I >" .c. \ r I \ I s \ I 0 20 °�' V% A S I °1 ar \\ 1 1 \ I,' `0 \ r o \ I „'° ` I \_____L_J in 41.43 S 89°26'44" E Description for proposed easement vacation To vacate that part of the 20 foot wide utility and drainage easement as dedicated on Lot 5, Block 4, The Ridge At Riley Creek 2nd Addition according to the recorded plat thereof, situate in Hennepin County, Minnesota being described as follows: The west 10 feet of the east 20 feet of said lot 5, Except the south 5 feet and the northerly 5 feet thereof. VACATION 10-05 NOTICE OF VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENT OVER,UNDER AND ACROSS LOT 5, BLOCK 4, THE RIDGE AT RILEY CREEK 2ND 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 September 21, 2010 at 7:00 p.m. to hear all persons present upon the proposed vacation of a portion of the Drainage and Utility Easement over, under and across Lot 5, Block 4, The Ridge at Riley Creek 2nd Addition described as follows: That part of Lot 5, Block 4, THE RIDGE AT RILEY CREEK 2ND ADDITION, according to the recorded plat thereof,Hennepin County,Minnesota, described as the west 10.00 feet of the east 20.00 feet of said Lot 5, Block 4, EXCEPT the south 5.00 feet and the north 5.00 feet thereof. By Order of the City Council Published in the Eden Prairie News on September 9, 2010 NOTIFICATION LIST VACATION REQUEST 10-05 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 29-116-22-13-0006 29-116-22-24-0076 29-116-22-24-0077 29-116-22-42-0013 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Comcast Qwest Communications Xcel Energy CITY COUNCIL AGENDA DATE: September 21, 2010 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Nine Mile Creek Water Resource Center Development/Planning Janet Jeremiah Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Comprehensive Guide Plan Change from Low Density Residential to Parks Open Space on 4.24 acres and from Low Density Residential to Public/Quasi Public on 1.1 acres; and • Adopt the Resolution for Planned Unit Development Concept Review on 5.34 acres, subject to approval of the required Comprehensive Guide Plan Amendment; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from R1-22 to Public on 5.34 acres, subject to approval of the required Comprehensive Guide Plan Amendment; and • Approve 1st Reading of the Ordinance for Code Amendment to add Governmental Offices as a permitted use in the Public Zoning District, subject to approval of the required Comprehensive Guide Plan Amendment; and • Adopt the Resolution for Preliminary Plat on 5.34 acres into 1 lot, subject to approval of the required Comprehensive Guide Plan Amendment; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions, subject to approval of the required Comprehensive Guide Plan Amendment. Synopsis The owner wants to give the property to the Nine Mile Creek Watershed District. The home would be converted into office and meeting room space. This use is not permitted on land zoned R1-22. The proposed use of the property requires a Guide Plan Change, Zoning Change, a code amendment, and waivers from the City Code. All of the requests are discretionary actions which the City is not obligated to approve. The Guide Plan change is to Parks/Open Space and Public Quasi Public. The building,building expansion, driveway, parking, tree removal, and infiltration-rain garden areas are located in the proposed Public/Quasi Public area. The remainder of the site is proposed for Parks/Open Space. To accommodate the use as proposed, the public zoning district list of permitted uses needs to be amended. The use could be defined as; "Governmental offices in buildings of less than 6,000 square feet." The waivers are for exterior materials, paved surfaces, and driveway width. Background There is a conservation easement on the property in favor of the Minnesota land Trust. The easement would allow only a single family home that can be expanded by 50%. If the private conservation easement is extinguished, through a judicial process, then the property would have rights to subdivide under the requirements of the R1-22 zoning districts for lot dimensions and lot size. The Public Zoning District permits more than just the watershed district office. Although the conservation easement would preclude most of them, if the private conservation easement is extinguished, through a judicial process, then the property would have rights under the Public Zoning District. These uses would have greater impacts than the proposed use. A way to limit the use of the property to the watershed district office only is to require that a deed restriction be recorded on the property in favor of the City. The PUD waivers are: Exterior materials The proposed exterior materials of the building are 27% glass and natural stone, 69% wood, and 4% concrete block. The code requires 75%brick, glass, and natural stone. Paved surfaces The driveway and parking area is part gravel,part bituminous or permeable pavers, and part grass paver system. The code requires a bituminous or concrete surface. Driveway width The proposed width is 18 feet. The code requires a 25 foot width. The 120-Day Review Period Expires on December 10, 2010. Plan Changes Since the Planning Commission meeting, the site plan has been revised to relocate the driveway to align opposite Topview Road. The driveway width has been revised from a minimum of 12 feet to 18 feet. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project at the August 23, 2010 meeting. Attachments 1. Draft Ordinance 2. Resolution-Guide Plan Change 3. Resolution—PUD 4. Resolution—Preliminary Plat 5. Staff Report 6. Location Map 7. Land Use Map 8. Zoning Map 9. Aerial photo 10. Planning Commission Minutes Unapproved 11. Memo—Conservation Commission 12. Support Signatures Memo 13. Kaerwer support signature pages 14. Signature map 15. Resident Letter dated 8-20-10 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 11.35 SUBDIVISION 2, PERMITTED USES, BY ADDING ITEM G. ALLOWING PERMITTED USE FOR GOVERNMENTAL OFFICES IN BUILDINGS LESS THAN 6,000 SQUARE FEET;AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN P , MINNTA, ORDAINS: Section 1. City Code, Chapter 11, Section 11.35, Subdi 'on 2 is amendboil by Adding the following item G. G. Governmental offices in buildin s of less than 6,00 re feet. Section 2. City Code Chapter 1 entitle ral Provisions nitions Applicable to the Entire City Code Including Penalty For 'olation" and Sectio 1.99 entitled "Violation a Misdemeanor"are hereby adopted in their ent ty,by reference,as t ough repeated verbatim herein. Section 3. This Ordinance shall become efff7tive from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2010 and finally read and adopted and ordered published at a regular meeting of the City Co cil of said City on the_day of , 2010. Kathleen Port ' Clerk Phil Young. Mayor PUBLISHED in the Eden Prairie News on , 2010. P:\Home\1614.011 Zoning\11.35 PUB-Public-Permitted Uses\Ordinance 11.35,Subd.2-Permitted Uses 2010 08 27.doc CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN NINE MILE CREEK WATER RESOURCE CENTER WHEREAS,the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan"); and WHEREAS,the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS,the proposal of Nine Mile Creek Water Resource Center, by Nine Mile Creek Watershed District is for Nine Mile Creek Watershed District Office; NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: • Comprehensive Guide Plan Change from Low Density Residential to Parks Open Space on 4.24 acres. • Comprehensive Guide Plan Change from Low Density Residential to Public /Quasi Public on 1.1 acres. ADOPTED by the City Council of the City of Eden Prairie this 21st day of September, 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 20010- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF NINE MILE CREEK WATER RESOURCE CENTER FOR THE NINE MILE CREEK WATERSHED DISTRICT WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on August 23, 2010, by the Nine Mile Creek Watershed District and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on September 21, 2010. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Nine Mile Creek Water Resource Center, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated September 10, 2010. 3. That the PUD Concept meets the recommendations of the Planning Commission August 23, 2010. ADOPTED by the City Council of the City of Eden Prairie this 21st day of September, 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- (Nine Mile Creek Water Resource Center) Legal Description: Parcel 1: Lots 1, 2, and 3, Block 1, TOPVIEW ACRES3RD ADDITION, except that part of said Lot 3, lying Northerly of a line described as follows: Beginning at a point on the Northeasterly line of said Lot 3, distant 228.39 feet Southeasterly of the most Northerly corner of said Lot 3, as measured along said Northeasterly line; thence Northwesterly to a point on the Westerly line of said Lot 3, distant 148.15 feet Southerly of said most Northerly corner, as moosured along said Westerly I i ne and there terminating. (Torrens Property, Certificate of Title No. 836524) Parcel 2: That part of the following described land: That part of the East 1/2 of the Northeast Quarter of Section 10, Township 116, Range 22, described as beginning at the northeast corner of said Sfcti on 10; thence south along the east line of said Section, 841.63 feet; thence North 71 degrees 30 minutes West 284.7 feet; thence north to a point in the north line of said Sfcti on distant 270 feet west of the northeast corner thereof; thence east along the north line of said Sti on, 270 feet to the point of beginning, except the Westerly 50 feet thereof, Which I i es southerly of the fol I owing descri bed I i ne: Beginning at a point on the east I i ne of the above-described property, distant 238.15 feet south of said northeast corner; thence North 62 degrees 02 minutes 40 seconds West a distance of 174.17 feet; thence North 79 degrees 30 minutes 27 seconds West to the westerly I i ne of the above-descri bed property and there terminating. The East line of the Northeast Quarter is assumed due North and South. (Torrens Property, Certificate of Title No. 820481) To be platted as: LOT 1, BLOCK 1, KAERWER ADDITION, according to the recorded plat thereof, Hennepin County, M i nnesota. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- RESOLUTION APPROVING THE PRELIMINARY PLAT OF NINE MILE CREEK WATER RESOURCE CENTER FOR NINE MILE CREEK WATERSHED DISTRICT BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of the Nine Mile Creek Water Resource Center for the Nine Mile Creek Watershed District, stamp dated September 10, 2010, and consisting of 5.32 acres into one lot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 21st day of September, 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: August 20, 2010 PROJECT: Nine Mile Creek Water Resource Center LOCATION: 12800 Gerard Drive, 12776, 12782 and 12784 Gordon Drive APPLICANT: Nine Mile Creek Watershed District OWNERS: Barbara Kaewar 120 DAY REVIEW: Expires December 10, 2010 REQUEST: • Code Amendment to add Governmental Offices as a permitted use in the Public Zoning District. • Comprehensive Guide Plan Change from Low Density Residential to Parks Open Space on 4.24 acres. • Comprehensive Guide Plan Change from Low Density Residential to Public/Quasi Public on 1.1 acres. • Planned Unit Development Concept Review on 5.32 acres. • Planned Unit Development Districts Review on 5.32 acres. • Preliminary Plat of 5.32 acres into one lot. • Zoning District Change from R1-22 to Public on 5.32 acres. • Site Plan Review on 5.32 acres Staff Report—Nine Mile Creek Water Resource Center August 20, 2010 Page 2 PROPOSED DEVELOPMENT The owner wants to give the property to the Nine Mile Creek Watershed District. The home would be converted into office and meeting room space. This use is not permitted on land zoned R1-22. A guide plan change and rezoning is required. ZONING This property is located in an area of the City called Topview Acres, a residential subdivision approved by the City in 1961-1963. The property consist of four parcels that are zoned R1-22. The surrounding properties are also zoned R1-22. Single family detached dwellings and accessory structures are the permitted uses on property zoned RI-22. COMPREHENSIVE GUIDE PLAN The 1968 Guide Plan showed this property as single family. The 1977 Guide Plan showed this property as Low Density Residential. The 2002 Guide Plan showed this property as Low Density Residential and Parks/Open Space. The 2008 Guide Plan shows this property and the surrounding area as Low Density Residential. CONSERVATION AGREEMENT The property consists of 4 lots. These lots are subject to a conservation easement in favor of the Minnesota Land Trust recorded on August 31, 2005. This easements restricts the use of the property as follows: • Industrial or commercial activity, except for minimal commercial recreation use, home business use, is not permitted. • Agricultural use is not permitted, except of maintenance or expansion of present gardens or landscaping by a public entity for community education or aesthetic enjoyment. • The property cannot be subdivided. • No signs or billboards are permitted except for small unlighted signs for informational or interpretive purposes. • No change or alteration of the topography is allowed, except as incidental to activities or uses permitted. • No vegetative removal except for wild life and habitat management, to maintain permitted buildings and roads, for disease control fire,personal injury or property damage. • The existing building footprint may be expanded by 50%. • The existing building may be converted to an art center or nature center, similar community center or parkland administrative center. • May be used for hiking, cross country skiing, nature observation and educational programs. Bikes, skateboards , and field sports not permitted. Staff Report—Nine Mile Creek Water Resource Center August 20, 2010 Page 3 According to Gena Setzer, Staff Attorney, Minnesota Land Trust, an extinguishment of a conservation easement is rare. As provided in section 6.3 of the easement, extinguishment is allowed only through judicial proceedings and only if(1)unexpected changes in the conditions of or surrounding the Protected Property makes the continued use of the Protected Property for the conservation purposes set out in the easement impossible or substantially impractical, or(2) pursuant to the proper exercise of eminent domain. This means the owner would have to file a lawsuit and have the courts decide whether or not the easement may be extinguished. The conservation easement states that it is not an unexpected change in conditions if prohibited uses become more economically viable than permitted uses. COMPREHENSIVE GUIDE PLAN CHANGE There are two guide plan change requests; • Comprehensive Guide Plan Change from Low Density Residential to Parks Open Space on 4.24 acres. • Comprehensive Guide Plan Change from Low Density residential to Public/Quasi Public on 1.1 acres. The building, building expansion, driveway, parking, tree removal, and infiltration-rain garden areas are located in the proposed Public/Quasi Public area. The remainder of the site is proposed for Parks/Open Space. A watershed district office is currently permitted on land currently guided and zoned Industrial, Office, Regional Commercial, and Town Center. Collectively these areas occupy 2,467 acres of land and 24,164,387 square feet of building. CODE AMENDMENT To accommodate the use as proposed, the public zoning district list of permitted uses needs to be amended. The use could be defined as; "Governmental offices in buildings of less than 6,000 square feet." In addition to such governmental offices, a rezoning of the property to the Public District will allow all of the following currently permitted uses. • Public infrastructure. • Drainage ways and floodplains approved by the Council. • Places of worship. • Cemeteries. • Private schools by ordinance 12-87. • Antennas and towers. Staff Report—Nine Mile Creek Water Resource Center August 20, 2010 Page 4 The existing conservation easement would preclude the home from being used as a place of worship or a private school. However the easement is written in favor of the Minnesota Land Trust and paragraph 6.2 allows amendment of the conservation easement. No amendment can be allowed pursuant to paragraph 6.2 if it (i) does not further the purposes of this Easement; (2) will adversely impact the Conservation Values protected by this Easement; (iii) affects the perpetual duration of this Easement; (iv) or affects the validity of the Easement or the status of the Minnesota Land Trust. The consent of the City is not required for such an amendment or modification. PLANNED UNIT DEVELOPMENT The following waivers from the City Code are required. Exterior materials The proposed exterior materials of the building is 27% glass and natural stone, 69%wood, and 4% concrete block. The code requires 75%brick, glass, and natural stone. Paved surfaces The driveway and parking area is part gravel,part bituminous or permeable pavers, and part grass paver system. The code requires a bituminous or concrete surface. Driveway width The proposed width is 13 feet. The code requires a 25 foot width. The code allows the City to consider Planned Unit Developments waivers if justified by the design of the project and if the plan results in a better environmental design than under the strict application of the code. Keeping the exterior as proposed would be in character with other homes in the area. Pervious bituminous can be used for all parking and driveway surfaces. The driveway needs to be wider for emergency vehicles and to accommodate two way traffic. TRAFFIC As stated in the Kaerwer Property Traffic Analysis prepared by WSB &Associates the proposed use of the property as a Water Resource Center and Watershed District office is not anticipated to create any new capacity or operational challenges on the existing roadway network and no roadway modifications are necessary with the proposed project. However the Water Resource Center and Watershed District office is proposed to be located in an established existing residential neighborhood. In such areas any change in the traffic patterns or volumes may be noticeable and could lead to neighborhood traffic concerns. It is therefore important to identify the following vehicle trip generating characteristics which have the potential to be seen as a neighborhood traffic nuisance: Staff Report—Nine Mile Creek Water Resource Center August 20, 2010 Page 5 • On an average daily basis the use of this property as a Watershed District office is likely to generate vehicle trips comparable to the average vehicle trip generation of 1 to 4 single family homes. • In addition to the daily trip generation any group meeting at the facility will generate up to an additional 40 trips per meeting. Since it is typical for persons to arrive and depart within a short period of time before and after the meeting, each meeting has the potential to generate approximately 20 trips in the 15 minute periods both before and after any meeting. Because these vehicles will arrive and depart over a relatively short period of time there is a reasonable potential that this traffic pattern will be noticed by area residents. The applicant's documentation indicates that 2 scheduled nightly meetings will likely be held each month and an unknown, but likely small, number of day time meetings will be held each month. • The use of Water Resource Center as a community educational facility will also generate trips into and out of the site. Although the traffic study does not address this particular use of the site, it is reasonable to assume that any educational event could have trip generation characteristics similar to a group meeting (i.e. up to 40 trips with the vast majority occurring in the 15 minutes before and after the event). In addition there is the potential that buses could be included in the trip count. As with the group meetings there is a reasonable potential that the traffic pattern associated with educational events will be noticed by area residents. The applicant's documentation indicates that 2 to 3 educational events may be held each month. SITE PLAN The proposed building meets the setback requirements of the Public Zoning District; 50 feet front, 50 feet one side and 150 combined side, 50 foot rear. The proposed building also meets the 150 foot shoreland setback from Nine Mile Creek. PARKING The building with expansion is 4,826 square feet. The required parking is 24 spaces. The plan meets this requirement. SHORELAND ORDINANCE The property is located within 150 feet of Nine Mile Creek and is considered an abutting lot. The subdivision ordinance requires a 2 acre minimum lot size, a 150 foot building setback, a lot width at the ordinary high water mark of 150 feet, and 150 foot minimum width at the building line. The plan meets these requirements. The property contains a shore impact zone. No grading is permitted in this area. The plan shows no grading in this area. The property has a bluff. No development or grading can occur on a bluff. There is no building or grading proposed on the bluff. Staff Report—Nine Mile Creek Water Resource Center August 20, 2010 Page 6 LAND ALTERATION AND TREE REPLACEMENT There are approximately 3,943 inches of significant trees on the property. A total of 151 inches will be removed. The required tree replacement is 8 inches. The plan meets this requirement. LANDSCAPING AND SCREENING The code requires screening of parking area from public roads and adjacent differing land uses. The screening must have 75% opacity year round. The photos in the application show summer leaf on conditions. It is likely that the proposed parking lot will be visible during other times of the year. The plan should be revised to include either a decorative fence or shrub hedge to meet the screening requirement. LIGHTING No new exterior lights are proposed to be added. SIGNS The proposed sign is 4 feet high and 24 square feet. The public zoning district will permit an 8 foot high sign and 80 square feet. This compares to a 6 square foot maximum size sign in the RI- 22 District which must be attached to the wall of the building. PRELIMINARY PLAT The propose 5.32 acre lot conforms to the dimensional and lot size requirements of the Public Zoning District. SUMMARY The primary question for the City is the use of the property. The choices are; Continued use of the property as it is today—This would be one single family house that can be expanded by 50%with the conservation easement that protects the land and trees and precludes any future subdivision for additional houses. Public Zoning- This would be the administrative offices of the watershed district, with employees, day and evening meetings, and educational programs; other local, county, state, or federal governmental offices, public infrastructure, drainage ways and floodplains approved by the Council,places of worship, cemeteries,private schools by ordinance 12-87, and antennas and towers. Staff Report—Nine Mile Creek Water Resource Center August 20, 2010 Page 7 STAFF RECOMMENDATIONS Alternative one Recommend approval of the following request based on plans stamp dated August 19, 2010 with conditions: • Code Amendment to add Governmental Offices as a permitted use in the Public Zoning District. • Comprehensive Guide Plan Change from Low Density Residential to Parks Open Space on 4.24 acres. • Comprehensive Guide Plan Change from Low Density residential to Public/Quasi Public on 1.1 acres. • Planned Unit Development Concept Review on 5.32 acres. • Planned Unit Development Districts Review on 5.32 acres. • Preliminary plat of 5.32 acres into one lot. • Zoning District Change from R1-22 to Public on 5.32 acres. • Site Plan Review on 5.32 acres 1. Prior to City council review, the proponent shall: A. Revise the landscape plan to include either a decorative fence or shrub hedge to meet screening requirement for parking areas. B. Revise the site plan to meet code for a 25 foot wide driveway and a pervious bituminous surface for the driveway and parking area. 2. Prior to grading permit issuance, the proponent shall: A. Submit detailed storm water runoff,utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Notify the City and Watershed District 48 hours in advance of grading. C. Install erosion control at the grading limits. 3. Prior to building permit issuance for the property, the proponent shall: A. Provide a tree replacement/landscaping surety equivalent to 150% of the cost of the landscaping plan. B. Review the plans with the Fire Marshal Staff Report—Nine Mile Creek Water Resource Center August 20, 2010 Page 8 C. Provide samples of exterior materials for review and approval. D. Pay$1,559.44 in trunk assessments. 4. Planned Unit Development waivers are granted for exterior materials. 5. A restrictive covenant, in favor of the city, that limits the use of the property to the Nine Mile Creek Watershed District and the current number of employees, meetings, and programs identified in the application, should be recorded against the property. Alternative two Recommend denial of the following request based on plans stamp dated August 19, 2010 : • Code Amendment to add Governmental Offices as a permitted use in the Public Zoning District . • Comprehensive Guide Plan Change from Low Density Residential to Parks Open Space on 4.24 acres. • Comprehensive Guide Plan Change from Low Density Residential to Public/Quasi Public on 1.1 acres. • Planned Unit Development Concept Review on 5.32 acres. • Planned Unit Development Districts Review on 5.32 acres. • Preliminary Plat of 5.32 acres in to one lot • Zoning District Change from R1-22 to Public on 5.32 acres. • Site Plan Review on 5.32 acres Reasons for denial • The request is inconsistent with the Comprehensive Guide Plan. • The request is inconsistent with the R1-22 zoning in the neighborhood. • The request does not conform to the City Code for exterior materials,pavement surface, and driveway width. • A public use is incompatible with the residential uses in the area. • The City Code permits the proposed use in the office, industrial, and regional commercial zoning districts • The request generates more traffic than the current use of the property as residential. Area Location Map -Nine Mile Creek Water Resource Center Address: 12800 Gerard Drive, 12776, 12782 and 12784 Gordon Drive _- 9 9 11111.'. J : w w w SITE -\---- °01OO Na I Plat ...... t t LI I I I :EEHIVE CT al 4 0 0 0 N 0 0 1k4, 7,,,k,„ AI Ts0 No Scale Guide Plan Map Nine Mile Creek Water Resouce Center 12800 Gerard Drive, 12776, 12782, and 12784 Gordon Drive z \la 11111 iidi iii,Donlea Ln ill Pi I 19' Gordon Dr. 41, ilk 1 p "riaIrak 0 . Gerard Dr. 1:01k 44 r fit 1 II 0 , ,* -- 1 14 iii To view Rd. p 11 \!' r of der ' a' - - ide MI f �. , ' a • 000-2021 N Low Density Residential 0-2.5 Units/Acre 1 Neighborhood Commercial Streams /� Low Density/Public/Open Space - Community Commercial Principal Arterial - Medium Density residential 2.5-10 Units/Acre - Regional Commercial —A Minor Arterial ' r, —B Minor Arterial ' + '' V/Z Medium Density Residential/Office - Park/Open Space DATE Approved DATE Revised 03-01-07 Major Collector DATE Revised 11-07-05 DATE Revised 03-01-07 E E N - High Density Residential 10-40 Units/Acre FE Public/Quasi-Public DATE Revised -23-06 DATE Revised 10-01-07 Minor Collector DATE Revised 03-23-06 DATE Revised 02-23-06 DATE Revised 03-01-08 Office Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 DATE Revised 03-01-09 VA Office/Industrial Q Church/Cemetary PRAIRIE 22 Office/Public/Open Space Open Water - »e�....04....ZEtTL:..,®..=..,a.��,.., ..,.. vii2.„�„,..o® LIVE•WORK•QA EAM Industrial Right-Of-Way 0.25 0.125 0 I I Miles Zoning Map Nine Mile Creek Water Resouce Center 12800 Gerard Drive, 12776, 12782 and 12784 Gordon Drive 1104\N\-----.. ...ii - Sleepy Hollow Ln. Donlea Ln It L_ \ • I lif .------ Gordon Dr. I 14. 4 SIT ' 1011116* its 704V 11111/ Gerard Dr. rfr IP 01111 All . 4 , ity of ' de P aide ,'. 4i q • IV, ,: . _ Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. 1-7 TC-C NE I Natural Environment Waters R1-22 One Family-22,000 sf min. n TC-R I RD I Recreational Development Waters R1 13.5 One Family 13,500 sf min. A.TC-MU I GDI General Development Waters(Creeks Only) •'� * I,. 40 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. En Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#26-2008 -RM-2.5 Multi-Family-17.4 U.P.A.max. General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2009 Neighborhood Commercial I I Golf Course In case of discrepency related to a zoning classificalon on this zoning map,the Ordinance LVE•V .ri8EA61 and attached legal description on file at Eden Paine Ciry Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.05 0.1 -Regional Service Commercial _,op....,��mo..,...,ti4.. Miles %- o..o.a., ...L..m..m ,..,,m„ Aerial Map Nine Mile Creek Water Resource Center 12800 Gerard Drive, 12776, 12782 and 12784 Gordon Drive . ,� `ire. °\ • • } 1 { Donlea Ln - , "g01441111k ' a.. -; t. f- • ill 4 F r: .. � Gordon Dr. `' ,0. SIT 4,t- iiiii„ _..,,... ic... , , , .., .. • .. ,,ri,.. ,-7,- ,-,-44, : :0-4 ilk r. :-:-, ,� . • .w t } I f — .. . ir 7* ;.:-'1.-. 44 ' .*- r - rtg----- _ _ • . ,. . : ., : Ds Gerard Dr. 4 - .-•� = ,. . ,� . ' Topview Rd. `.�.t : - "fir. 10::: . , ' .' - if !_ UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,AUGUST 23, 2010 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Jon Stoltz (Chair), Kevin Schultz (Vice Chair), John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Travis Wuttke STAFF: Stu Fox, Manager of Parks and Natural Resources Michael Franzen, City Planner Rod Rue, City Engineer Heidi Wojahn, Recording Secretary I. PLEDGE OF ALLEGIANCE/ROLL CALL Chair Stoltz called the meeting to order at 7:01 p.m. Commissioners Pitzrick and Schultz were excused from this evening's meeting. II. APPROVAL OF AGENDA MOTION: Wuttke moved, seconded by Kirk, to approve the agenda. Motion carried 5-0. III. MINUTES Kirk proposed changing the following typo in the July 26, 2010 minutes: p. 5, fourth paragraph, fourth line—change "Stoltz" to "Schultz" explaining Stoltz was not in attendance at the last meeting. MOTION: Lechelt moved, seconded by Lee, to approve the amended minutes. Motion carried 3-0-2 with Kirk and Stoltz abstaining. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. VARIANCE #2010-05 by Randy's Bobby& Steve's Auto World(a continued item) Location: 8100 Flying Cloud Drive (a continued public hearing) PLANNING COMMISSION MINUTES August 23, 2010 Page 2 Request: Variance Request#1 —To permit a dynamic display area of 34.5 square feet for proposed Sign#1 V6. City Code permits 35% of 80 square feet or 28 square feet. Variance Request#2—To permit a dynamic display area of 15.6 square feet for proposed Sign#2 V2. City Code permits 35% of 36 square feet or 12.6 square feet. Variance Request#3—To permit the distance between two free-standing signs (proposed Sign#1 V6 and proposed Sign#2 V2) at 245 feet. City Code requires 300 feet. Variance Request#4—To permit proposed Pylon Sign#1 V6 with a setback of 10 feet' from the property line. City Code requires 20 feet. Variance Request#5—To permit proposed Pylon Sign#2 V2 with a setback of 2 feet from the property line. City Code requires 15 feet when parking occurs within the required front yard setback. Variance Request#6—To permit proposed Pylon Sign#2 V2 at 80 square feet with dynamic display of 34.5 square feet and sign setback of 2 feet. City Code permits the second free-standing sign at 36 square feet, a dynamic display area of 12.6 square feet and a sign setback requirement of 15 feet. Stoltz read a letter dated August 19, 2010 from Jim Hoeft on behalf of Steve Williams requesting a continuance on this variance request. MOTION: Kirk moved, seconded by Lechelt, to recommend a continuance to the September 13, 2010 meeting. Motion carried 5-0. B. VARIANCE #2010-06 by Bahman Razmpour Location: Eden View Estates, Lot 1, Corner of Dell and Turnbull Road Request: • To permit a porch 6 feet from the front yard lot line of Dell Road. City Code requires 50 feet in the Rural Zoning District. • To permit a house 21 feet from the front yard lot line of Dell Road. City Code requires 50 feet in the Rural Zoning District. • To permit a garage 35.3 feet from the front yard lot line of Turnbull Road. City Code requires 50 feet in the Rural Zoning District. • To permit a main structure height of 52 feet. City Code requires 40 feet from the lowest grade point to the midpoint of the corresponding roof. PLANNING COMMISSION MINUTES August 23, 2010 Page 3 Stoltz read a letter from the applicant requesting a continuance on this variance request and asked Franzen if he and other City staff were okay with the December 8, 2010 extension and review period date mentioned within. Franzen replied affirmatively and stated notices were sent informing residents of the continuance to save them a trip to tonight's meeting. MOTION: Lechelt moved, seconded by Lee, to recommend a continuance to the September 13, 2010 meeting. Motion carried 5-0. C. NINE MILE CREEK WATER RESOURCE CENTER(2010-05)by Nine Mile Creek Watershed District. Location 12800 Gerard Drive, 12776, 12782 and 12784 Gordon Drive. Request for: • Code Amendment to add Governmental Office as a permitted use in the Public Zoning District. • Comprehensive Guide Plan Change from Low Density Residential to Parks/Open Space on 4.24 acres. • Comprehensive Guide Plan Change from Low Density Residential to Public/Quasi Public on 1.1 acres • Planned Unit Development Concept Review on 5.32 acres. • Planned Unit Development District Review on 5.32 acres. • Zoning District Change from R1-22 to Public on 5.32 acres. • Site Plan Review on 5.32 acres • Preliminary Plat of 5.32 acres into one lot Kevin Bigalke, District Administrator for the Nine Mile Creek Watershed District (District),briefly reviewed the plan for tonight's proposal. He introduced District representatives in attendance, explained engineering and legal advisors were on hand to field questions, and turned the microphone over to property owner, Barbara Kaerwer, for opening comments. Kaerwer gave background on how her husband's career in the agriculture industry brought them to Eden Prairie in 1949. She values her responsibilities as a citizen and as a steward of the land and feels the District will be a wonderful ally in helping residents access and respect her land for years to come. Donating her land and home to the District would be useful to the community so everyone can take educational and recreational advantage of beautiful space in an area of Eden Prairie otherwise lacking in parkland. The home itself would become a modest two-person office and an indoor/outdoor library for people to learn about conservation, soil erosion, and land/water pollutants. A specialist would be on hand to educate visitors. Her wish is interpretive signage be put in place near the trail explaining how her particular land has been and will be protected from erosion. She extended an invitation to the commissioners to visit her property and home to see how this unique opportunity can develop into a perfect City-District relationship. PLANNING COMMISSION MINUTES August 23, 2010 Page 4 Bigalke presented the proposal for the Nine Mile Creek Water Resource Center which would primarily serve residents of Eden Prairie and the Nine Mile Creek Watershed(covers 50 square miles in the cities of Bloomington, Eden Prairie, Edina, Hopkins, Minnetonka, and Richfield). He gave a background of the District mentioning over $2.5 million worth of completed water resource projects in Eden Prairie on which the District and City worked closely. He reviewed the history of the proposal made possible by Kaerwer's donation which is contingent on approval of the proposal by the City. He stressed the importance of wanting to be compatible with the neighborhood and the adjacent Cardinal Creek Conservation area. He then presented the Land Development Application which includes a number of requests needed in order to make this a compatible use. The area in the third request consists of the building, driveway, and parking area. Requests four and five are in place to continue use of existing building materials and architectural features of the home as well as use green materials for the parking surfaces to meet stringent District standards of water quality and retention. The proposed site plan includes two additions to the home, one to the north (approximately 25 x 30 feet) to be used as a meeting/conference facility, and a small addition to the west(bumping out the existing wing about 10 feet) which would serve as additional workspace for staff. They are minimally intrusive and blend in well with the lay of the land. The existing driveway is all gravel and would be resurfaced either completely in permeable asphalt or part conventional asphalt, part porous asphalt or pavers. The ten stall overflow parking area would be grass paver system made up of a geotextile plastic grid system set on a base of granular material and crushed rock so grass can take root. It can sustain the weight of emergency vehicles and is cold-climate hearty. The preliminary plat calls for the consolidation of six separate parcels under Kaerwer's ownership into one contiguous lot which is how it is currently managed. The property is underneath a conservation easement with the Minnesota Land Trust and would continue that way under ownership/management of the District. Of the 850+ significant trees on the property, approximately eleven would be impacted(151 caliper inches). Eight inches of tree would be replaced by planting three red oaks in an area where buckthorn removal has occurred. Two traffic studies have been completed. The impact analysis based on square footage (34-44 daily trips)may not be relevant because numbers are based on businesses with substantially larger buildings and far more employees. The analysis based on number of employees is more realistic at 7-10 daily trips, in line with the average for a single-family home. The District hosts two standing monthly meetings with about 10-15 attendees each. Any public hearings or other larger meetings with more than 15-20 anticipated attendees would be held in an alternate location. There may be 1-2 additional education events per month open to the public. School groups may express interest in utilizing the property—it is expected these will primarily be from Eden Prairie schools. Should schools outside Eden Prairie show interest, the District would generally go to them PLANNING COMMISSION MINUTES August 23, 2010 Page 5 because it is District philosophy to have students experience water resources in their own communities. There would only be 1-2 buses at a time on the property because there isn't sufficient staffing to allow for any more than that. After making a few summarizing comments, Bigalke turned the microphone over to Kaerwer's representative, Tom Casey of 2854 Cambridge Lane in Mound, for closing remarks. Casey said he's worked with Kaerwer since five years prior to the start of the donation process when the conservation easement came into play. Kaerwer donated money so property preservation will be enforced perpetually by a third party. The easement serves as a legal restriction guiding the property forever while adding another layer of protection in terms of the impact to the neighborhood and on the land itself. Kaerwer wants very much to work with the neighbors and resolve any issues so it can be a win-win situation. She understands there is a planning process involved that needs to be worked through and wants to alleviate any concerns the City may have. Franzen presented the staff report on the project. In terms of the legal status of the property as it exists today, there are three sets of restrictions: the Comprehensive Guide Plan and R1-22 Zoning(both public), and the private Conservation Easement. The combination of these restrictions essentially means the property can only be used for a single family home with some potential expansion and conservation of the land. His research concluded the extinguishment of a conservation easement is rare and only allowable via judicial proceedings. The easement can be amended but because it is private, it does not require consent of neighbors or the City. If the easement was extinguished the worst scenario is a building permit could be pulled and houses built on the three remaining lots on the property, or the entire parcel could be subdivided adding 6-8 houses and a cul- de-sac which is consistent with the neighborhood zoning pattern and Guide Plan. The combination of rezoning the property to Public and the conservation easement allows only the District office, the Park Plan Administration Center, a similar community center, or some other use related to parks, recreation, and conservation. Staff recommends either of two acceptable alternatives: 1) to approve the request or 2) to deny the request, with a preference for the latter. Alternative#1 is less desirable because it introduces a business element into a residential neighborhood. If the private conservation easement were ever to be extinguished, the property would have rights under the Public Zoning District. These uses could potentially have a greater impact than the proposed use. A way to prohibit this is to require a deed restriction in favor of the City be recorded against the property limiting the use of the property to the District and the current number of employees, meetings, and programs identified in the application. If Council were to approve the request and direct the addition of the deed restriction, it would be included as part of the development agreement. Alternative#2 is preferred because it would be aligned with the basic principle of how the City was planned and zoned with large areas reserved for residential, commercial, and industrial, with uses in these areas compatible, and incompatible areas separated by distance, roads or natural PLANNING COMMISSION MINUTES August 23, 2010 Page 6 barriers. In an industrial area, such as Golden Triangle, the watershed office would be located amongst similar uses and any business growth could be accommodated on site and not impact traffic patterns in the area. Stoltz asked what would happen if the District decides to sell in the future. Franzen said if sold to an entity materially different than the City's deed restriction, the City would have to lift that restriction after going through a public process. Stoltz asked Casey if any language in the legal document states what would happen with the property should the District choose to sell or no longer use the premises (i.e. would the property convert back to Kaerwer at that point). Casey replied once the closing occurs, there are no strings attached by his client. Bigalke addressed some of the points brought up by Franzen. Once the property is conveyed from Kaerwer to the District, the conservation easement cannot go away. Kaerwer is the only one who can remove it. They are amenable to discussing and working with the City on the recommended deed restriction. It is probably fair to compare them more to a park and open space area than an industrial area. Lechelt asked which portion of the property was zoned Parks/Open Space from 2002-2008. Franzen explained the Parks/Open Space was not on the property itself,but rather refers to the Cardinal Creek Conservation area. Lee asked if there had been any middle-ground consideration such as donating the land and keeping the home residential. He also wanted to know if any other land had been donated to the District in the past several years. Casey said no to both questions stating the house is an integral part of the property. Bigalke added the District often acquires conservation easements either through donation or acquisition for some of its projects. They are not a landholder. When the project is complete, the easement will be conveyed over to the City for management. Stoltz opened the meeting to public input. Stan Koehler, of 7131 Topview Road, lives across the street from Kaerwer. He does not think the site plan shows the elevations very well, and his only concern is the grading of the driveway. His bedroom windows are right in line with the driveway and given the current elevation, car headlights coming out of the driveway at night shine right into the windows of his home. In addition he believes it is a hidden driveway explaining it is very difficult to see either east or west on Gerard when exiting the driveway with the grade as is. This presents safety concerns for the City and the District because Gerard is a relatively quick street. He would propose reorienting the driveway to the east with the entrance off the Gordon Drive cul-de-sac. Lulu Mosman, of 15117 Scenic Heights Road, is a graduate of Eden Prairie High School and voiced support for the proposal. In her work as an intern with the Minnesota Department of Natural Resources as a watercraft inspector, she finds the public to be very curious about and interested in water and other PLANNING COMMISSION MINUTES August 23, 2010 Page 7 environmental issues. This project would be beneficial in providing Eden Prairie with a beautiful natural area while educating the public. Pete Rasmussen, of 13100 Roberts Drive, said he is strongly in favor of the project. He feels it would be an asset for Eden Prairie and the environment, keeping green space within a city that has seen tremendous growth during his residency. He told the Council he hoped they could share Kaerwer's vision. Keith Kapitan, of 12838 Gerard Drive, said he and his wife support everything Kaerwer stands for in terms of preservation and conservation of the land and are in favor of the project. He expects traffic would be greatly increased if homes were built on the land. He studied the plans in great detail and feels the elevations are clearly notated. Ms. Moser, of 7263 Topview Road, stated this is a very generous gift and supports the proposal. When she first moved to the area, it was pristine with a lot of fields. She would like to see this property preserved rather than having more homes developed on it to help hang onto a piece of land reflective of how it was when she first moved here. Stoltz read a letter submitted to the Commission by Gina Dinehard. The letter stated Dinehard was withdrawing her approval of the proposal since she did not realize the home was to be used for the District's headquarters. She cited concerns about the traffic and non-residents coming in and out of the neighborhood. Bigalke stated he had spoken with Mr. Koehler regarding his concerns about the driveway. They are amenable to making adjustments to the driveway to be conducive to the neighborhood and the District's needs. Some options have already been considered but were not included in the presentation because they wanted to solicit feedback prior to making any changes. Solutions include realigning the driveway with Topview Road to avoid the headlight issue and adding vegetative screening to both sides of it. This could also help make it a safer intersection. He then submitted a list of approximately 20 names from neighboring residents in support of the proposal. Wuttke asked Rue if there was a low visual impact possibility of realigning the driveway with Topview and, along with the grade changes of Gerard, if there is an opportunity for a controlled two-way east/west assuming there are concerns for traffic and sightline visibility around the radiuses of those curves. He also asked for clarification on the proposed width of the driveway. Rue responded realignment was considered and initially deemed unnecessary, but that can be revisited given the concerns brought up this evening. Staff recommends the driveway be widened to 25 feet and paved with either pervious or bituminous materials. Bigalke added the initial plan was to have as minimal disturbance to the property as possible. The 25-foot recommendation is debatable,but the driveway can certainly be widened to allow for two-way traffic and to increase safety. PLANNING COMMISSION MINUTES August 23, 2010 Page 8 Lee stated he could get behind the project with the recommended deed restriction. He believes having that in place would be in the neighbors' best interest, as well. Lechelt also supported the project citing great support from the residents. In particular, she noted the increase in traffic if converted to single-family homes was a great example. She would like to see safety addressed in the area, perhaps installing a stop sign to help alleviate neighbors' concerns. Kirk also expressed favor for the proposal. He initially had traffic concerns but concurred with Lechelt about the substantial traffic increase additional homes would bring to the neighborhood. He stated the City should do whatever it can to maintain any additional green space. Stoltz asked if City staff agreed with the traffic impact analysis. Franzen said yes. The conclusion was traffic patterns would not necessitate any widening of the roads or adding turn lanes or signals. Basically the only change would be different types of traffic coming in and out of the area at different times of the day. Stoltz said he wasn't sure he would normally give this type of project his full support for reasons of wanting to protect the residents, children, and homes in the neighborhood by keeping it a safe place. After hearing tonight's presentations and comments, however, he believes all of those things will be preserved. He thinks it would be good for the City and expressed appreciation for Kaerwer's willingness to give such a generous donation to the District. Lee asked if the other commissioners supported the deed restriction or if he was the only one. Stoltz and Kirk concurred they both felt it was necessary to have that in place in accordance with alternative#1. Lee inquired if there was a way to put in the restrictive covenant that the City would have right of first refusal should the District want to sell the land. Franzen replied yes. Bigalke suggested it would generate scrutiny if one public entity tried to sell to another public entity. If the District were to sell, they would look for someone who would be interested in caring for the property similar to how the District plans to and how Kaerwer has done it. It would not be a profit-making venture for the District. Stoltz suggested perhaps Casey include that in the final letters of recommendation. There were some questions from Bigalke, Wuttke, and Kirk concerning the language of the deed restriction and how it would be reflected in the motion. Franzen explained the concept of the deed restriction is what's being considered. If Council approves the project with a deed restriction, staff will be directed to draft a development agreement. The staff prepares the document and then it is sent to the watershed for signatures. After it is signed and executed then it will be included in City Council packets for final approval. MOTION: Kirk moved, seconded by Wuttke, to close the public hearing. Motion carried 5-0. MOTION: Kirk moved, seconded by Wuttke, to recommend approval of the Code Amendment to add Governmental Office as a permitted use in the Public Zoning District, Comprehensive Guide Plan Change from Low Density PLANNING COMMISSION MINUTES August 23, 2010 Page 9 Residential to Parks/Open Space on 4.24 acres, Comprehensive Guide Plan Change from Low Density Residential to Public/Quasi Public on 1.1 acres, Planned Unit Development Concept Review on 5.32 acres, Planned Unit Development District Review on 5.32 acres, Zoning District Change from R1-22 to Public on 5.32 acres, Site Plan Review on 5.32 acres, and Preliminary Plat of 5.32 acres into one lot, based on plans stamped dated August 19, 2010 and the staff report dated August 20, 2010. Motion carried 5-0. Stoltz offered congratulations to Kaerwer calling it a big win for the City and the District. D. CODE AMENDMENT—PAVEMENT MATERIALS Franzen reported the Conservation Commission concluded discussion on pavement materials and voted 5-0 to change the draft code amendment to include the words "to dispose of or infiltrate all area surface water." Staff recommends approval of the code amendment. The proposed code language would replace the current code in its entirety and reads as follows: "Parking areas, loading areas, and driveways shall be surfaced with bituminous, concrete, natural stone or other types of concrete stone and pavers and graded to dispose of or infiltrate all area surface water without damage to private or public properties, streets, or alleys." Wuttke inquired if the proposed code language would allow any existing non- pervious pavement to be replaced by pervious pavement systems. Franzen said yes, this gives property owners other options besides concrete or bituminous materials. Wuttke asked if there was anything in the grading guidelines or fill and infiltration permits specifying contractors be certified. Franzen responded no, it is up to property owners to hire knowledgeable contractors. Lechelt suggested adding language along the lines of"to current industry standards" or"to ATSI standards"to ensure proper drainage. Franzen said the most efficient way to address that is to make available a how-to handout listing current specifications. Since those are likely to change over time, it is easier to update the handout rather than amending the code. MOTION: Wuttke moved, seconded by Kirk, to close the public hearing. Motion carried 5-0. MOTION: Wuttke moved, seconded by Kirk, to recommend approval of the code amendment for pavement materials. Motion carried 5-0. VII. PLANNER'S REPORT No report PLANNING COMMISSION MINUTES August 23, 2010 Page 10 VIII. MEMBERS' REPORTS Stoltz congratulated Franzen, City staff, and the commissioners on their efforts in helping Eden Prairie be named"Best Small City in the Nation", a two-year recognition by Money Magazine. IX. CONTINUING BUSINESS None X. NEW BUSINESS None XI. ADJOURNMENT MOTION: Lee moved, seconded by Lechelt, to adjourn. Motion carried 5-0. Chair Stoltz adjourned the meeting at 8:45 p.m. To: Eden Prairie City Council Members From: Eden Prairie Conservation Commission Date: September 14, 2010 RE: Nine Mile Creek Water Resource Center Dear Eden Prairie City Council Members; The Eden Prairie Conservation Commission including the student Commissioners wish to express their official support for the proposed Guide Plan change and Planned Unit Development that would allow the Nine Mile Creek Watershed District (NMCWD) to develop a Water Resource Center and District Headquarters on the current property of Barbara Kaerwer. The Commission believes the Water Resource Center will be a wonderful asset to the City of Eden Prairie, offering educational opportunities and demonstration sites for best management practices that improve and protect the quality of our water resources. The Center would also serve as a community gathering place where our residents, students, City staff, elected officials, and others may learn first hand about the importance of protecting our lakes, streams, and wetlands. The proposed Guide Plan change would also keep this property as public open space, thereby preserving the natural areas our residents currently enjoy and wish to protect for the purposes of conservation, education, and outdoor enjoyment. The Conservation Commission took formal action to support and recommend to the Council the Guide Plan change and PUD at their meeting on September 14, 2010. With a vote of 4 ayes and 0 nays,the motion carried. k WATER S H E D DISTR ICT District Office: Edina Business Center • 7710 Computer Avenue • Suite 135 • Edina, MN 55435 Ph. 952-835-2078 Fax 952-835-2079 Web Site:www.ninemilecreek.org MEMORANDUM- SIGNATURES OF SUPPORT FOR NINE MILE CREEK WATER RESOURCE CENTER To: Mike Franzen, City of Eden Prairie & Eden Prairie City Council Members From: Kevin D. Bigaike, District Administrator • Nine Mile Creek Watershed District Date: Monday, September 13,2010 Re: Signatures of support for the Kaerwer property donation and the Nine Mile Creek Water Resource Center Dear Mr. Franzen and Eden Prairie City Council Members: Enclosed with this memorandum is a map of the Top View neighborhood and signatures of support that have been received. The signatures of support are from residents that live throughout the Top View neighborhood and from residents along Kerry Lane and Edgebrook Place. In total,we have collected 145 signatures representing 112 homes in these neighborhoods. Please include the map and signatures in the Eden Prairie City Council packet along with the other information we have submitted for the City Council consideration. On behalf of the Nine Mile Creek Board of Managers, I thank you and look forward to meeting with the City Council on Tuesday, September 21, 2010. Board of Managers LuAnn Tolliver-Minnetonka Corrine Lynch-Eden Prairie Bob Kojetin-Edina Steve Klaiber-Edina Geoffrey Nash-Edina Support for the Nine Mile Creek Water Resource Center Eden Prairie Residents Approving of the Nine Mile Creek Water Resource Center Ms. Barbara Kaerwer, resident of the City of Eden Prairie, has expressed her intentions to donate her property located at 12800 Gerard Drive, Eden Prairie, Minnesota to the Nine Mile Creek Watershed District. The Nine Mile Creek Watershed District has expressed their interest in accepting the property from Ms. Kaerwer and their vision to use the property including the existing home as the Nine Mile Creek Water Resource Center. The attached signature page is for residents of the City of Eden Prairie to sign signifying their approval of the proposed project. The signatures below are those of those of the neighboring property owners near the Barbara Kaerwer property located at 12800 Gerard Drive, Eden Prairie, MN. Signing below indicates your approval of Barbara Kaerwer's intent to donate her property to the Nine Mile Creek Watershed District and the Nine Mile Creek Watershed District's plans to use the property as the Nine Mile Creek Water Resource Center. Names Address Telephone Si nat e b iIi/ iviii, I. 9/ilia 7 ,Z`t i ,, ,.. ` -- \4�/4VIA•1----9 _ ,. GI Nro 61' �u f 5Z-Vf 3 7.P/A C '73 E13 Awl- OA-. a P3 q 6 7 • 373 , (. Fr? 7� - 40 0/e-e.) -7a1 (.< iltxr( “) 6.c.5. (93 g Vlif 6 7 1), r) 1 At.n r?erg lo 4e, 6/3 - 9 rC:t1125-_/ /17 /f 01 . .9k Y 4 •s 10 3 __,.ice • 'f tI if it �._. 7C l� �`YJ 5Oy _ _ rq Cy j \ `�t}1` 1 :«!!� 1 L15'? C �\ mac= cLr )' 3f� 3 1�1-3 f�S o Support for Nine Mile Creek Watershed Resource Center Eden Prairie Residents Approving of the Nine Mile Creek Watershed Resource Center Ms. Barbara Kaerwer, resident of the City of Eden Prairie, has expressed her intentions to donate her property located at 12800 Gerard Drive, Eden Prairie, Minnesota, to the Nine Mile Creek Watershed District. The Nine Mile Creek Watershed District has expressed their interest in accepting the property from Ms. Kaerwer and their vision to use the property including the existing home as the Nine Mile Creek Watershed Resource Center. The attached signature page is for residents of the City of Eden Prairie to sign signifying their approval of the proposed project. The signatures below are those of the neighboring property owners near the Barbara Kaerwer property located at 12800 Gerard Drive, Eden Prairie, MN. Signing below indicates your approval of Barbara Kaerwer's intent to donate her property to the Nine Mile Creek Watershed District and the Nine Mile Creek Watershed District's plans to use the property as the Nine Mile Creek Watershed Resource Center. Name Address Telephone Signature & Date 9 /4/Q ,ty` nkr �� 01 J J r jY' '� Hod 4 a . 1j • 9 'd-9g(- k(152' `,� � �.�� CIz-� 7 ,q C_ Ofj5Q), i))\ 30- 1� � k 32 e q5 a3 l.�: A.r V8iib Support for Nine Mile Creek Watershed Resource Center Eden Prairie Residents Approving of the Nine Mile Creek Watershed Resource Center Ms. Barbara Kaerwer, resident of the City of Eden Prairie, has expressed her intentions to donate her property located at 12800 Gerard Drive, Eden Prairie, Minnesota, to the Nine Mile Creek Watershed District. The Nine Mile Creek Watershed District has expressed their interest in accepting the property from Ms. Kaerwer and their vision to use the property including the existing home as the Nine Mile Creek Watershed Resource Center. The attached signature page is for residents of the City of Eden Prairie to sign signifying their approval of the proposed project. The signatures below are those of the neighboring property owners near the Barbara Kaerwer property located at 12800 Gerard Drive, Eden Prairie, MN. Signing below indicates your approval of Barbara Kaerwer's intent to donate her property to the Nine Mile Creek Watershed District and the Nine Mile Creek Watershed District's plans to use the property as the Nine Mile Creek Watershed Resource Center. Name Address Telephone Signature &Date ,An50-\ 7 $( ry. &btu Cry.) (D-t2f 9- 7- 1a 773 7 TOP/46w fel �3;) %y rfDy OIA,t10 Cjii .2137 16.1)000A)1 () )c.L 917-11 p dk LAW L« Fu z Lc/1 7L62- 7-9>U: �j ( V1 1 rV �1 14 k1 7 c x1.4 't ; t.) - 1111 �1" 71/tww uvely( 9. i7 j() vr, 9frIto 77 730atio �,r���. qq/ /tz ' cr- 7 4 v r r -3,q Oes s)c f art xt r 4 m a-N D f in a, Lei C c -7-/0 3 Support for Nine Mile Creek Watershed Resource Center Eden Prairie Residents Approving of the Nine Mile Creek Watershed Resource Center • Ms. Barbara Kaerwer, resident of the City of Eden Prairie, has expressed her intentions to donate her property located at 12800 Gerard Drive, Eden Prairie, Minnesota, to the Nine Mile Creek Watershed District. The Nine Mile Creek Watershed District has expressed their interest in accepting the property from Ms. Kaerwer and their vision to use the property including the existing home as the Nine Mile Creek Watershed Resource Center. The attached signature page is for residents of the City of Eden Prairie to sign signifying their approval of the proposed project. The signatures below are those of the neighboring property owners near the Barbara Kaerwer property located at 12800 Gerard Drive, Eden Prairie, MN. Signing below indicates your approval of Barbara Kaerwer's intent to donate her property to the Nine Mile Creek Watershed District and the Nine Mile Creek Watershed District's plans to use the property as the Nine Mile Creek Watershed Resource Center. Name Address Telephone Si!natur• :Al ate r� 4f�-qul-lzsv 9, 7. ►0 cl 3'6 t71 U l \C peas 4- JeC�V►n 012- `1f74 ToevIeW a . ..;:a.,..mia. ''_„ ry `'l SL°1qL-I cSb: ' _ � �� 1° mc, JAW "toc,V • r �5z A �ItI r7`/- alac (' caz 7o2 ('d/j r/A") '303 5d1 s t7 ,l`FVG ') �Z�Z � - asp 9y�r AIL / 9. P,o lad4- cj }j ) 3c : (6-(c C-, . �j S.2 0 .. - 5 ;lf'� d4 0V /' 71,13 - 9 : 9�r - / pe.vv( 3G3 Anil t ; o' 7 ? / ( 7i 4,1 .�4 )(r1 C(�� (//r 1. '� y 1� .. 1� i �( ) f , 4 GA05,9-17PLI3 tic J ()I� vi L 1 0 Support for Nine Mile Creek Watershed Resource Center Eden Prairie Residents Approving of the Nine Mile Creek Watershed Resource Center Ms. Barbara Kaerwer, resident of the City of Eden Prairie, has expressed her intentions to donate her property located at 12800 Gerard Drive, Eden Prairie, Minnesota, to the Nine Mile Creek Watershed District. The Nine Mile Creek Watershed District has expressed their interest in accepting the property from Ms. Kaerwer and their vision to use the property including the existing home as the Nine Mile Creek Watershed Resource Center. The attached signature page is for residents of the City of Eden Prairie to sign signifying their approval of the proposed project. The signatures below are those of the neighboring property owners near the Barbara Kaerwer property located at 12800 Gerard Drive, Eden Prairie, MN. Signing below indicates your approval of Barbara Kaerwer's intent to donate her property to the Nine Mile Creek Watershed District and the Nine Mile Creek Watershed District's plans to use the property as the Nine Mile Creek Watershed Resource Center. Name Address Telephone Signature & Date 1 '1c i al 2 „,„ t\Q, ,,_,•-,L r ' _Oct,A,u_Ay.47/6J1 0 <94 re 5 0 �t //d Q tt. av / s , s,)- �S`1L-c-f{e, Lz961 &a� Ar. q qic -o v 9/6/A, s -1 =1o3 / �C. 47; OLh4A41 fiebikeA0 UA. °iv zap. / X.-A/re ti /2 G r-, 1; 5-- - ' Ze)_ -✓ 7/ 50 -t���:�� ��-w Cv,,0/d s� ,e%C C h -11(f5C-7 dIV-ZI-1Z \ ���ll� Le) nl -Pta 1/. (2(340r q /4/ St 4 J ' 1nC Support for Nine Mile Creek Watershed Resource Center Eden Prairie Residents Approving of the Nine Mile Creek Watershed Resource Center Ms. Barbara Kaerwer, resident of the City of Eden Prairie, has expressed her intentions to donate her property located at 12800 Gerard Drive, Eden Prairie, Minnesota, to the Nine Mile Creek Watershed District. The Nine Mile Creek Watershed District has expressed their interest in accepting the property from Ms. Kaerwer and their vision to use the property including the existing home as the Nine Mile Creek Watershed Resource Center. The attached signature page is for residents of the City of Eden Prairie to sign signifying their approval of the proposed project. The signatures below are those of the neighboring property owners near the Barbara Kaerwer property located at 12800 Gerard Drive, Eden Prairie, MN. Signing below indicates your approval of Barbara Kaerwer's intent to donate her property to the Nine Mile Creek Watershed District and the Nine Mile Creek Watershed District's plans to use the property as the Nine Mile Creek Watershed Resource Center. Name Address Telephone Signature & Date cS‘/A.L.,1 jti 6< ) 46, 4 J one, 1 113.1 ct -5 I o RJ J1An41k-t-- ?d5N �� v j � ) l �r I � �l I/ A M 7c2- 3 10v, 1,9 , /1111 '23/3 4-J C— - — /e Support for Nine Mile Creek Watershed Resource Center Eden Prairie Residents Approving of the Nine Mile Creek Watershed Resource Center Ms. Barbara Kaerwer, resident of the City of Eden Prairie, has expressed her intentions to donate her property located at 12800 Gerard Drive, Eden Prairie, Minnesota, to the Nine Mile Creek Watershed District. The Nine Mile Creek Watershed District has expressed their interest in accepting the property from Ms. Kaerwer and their vision to use the property including the existing home as the Nine Mile Creek Watershed Resource Center. The attached signature page is for residents of the City of Eden Prairie to sign signifying their approval of the proposed project. The signatures below are those of the neighboring property owners near the Barbara Kaerwer property located at 12800 Gerard Drive, Eden Prairie, MN. Signing below indicates your approval of Barbara Kaerwer's intent to donate her property to the Nine Mile Creek Watershed District and the Nine Mile Creek Watershed District's plans to use the property as the Nine Mile Creek Watershed Resource Center. Name Address Telephone Signature & Date N ev &/ K[u-{( 7333 ,v. Cf q 7 4 - 43u 7 c ?3 „- S-7— 7 F } �t�"1 6 6 It- Z ' P . -9 SJ f _ . , fit 444 GliAf\ , .4% 0 s tSW 72 foPviEW kr3 C9 cZ)gt13-2c13 cq.J, , A /kn. \ 21' 4;1 • A., - ilk 4 1 ; Alt{05426A-PALL--u 720 1 Q5Z- V/ 1 Support for Nine Mile Creek Watershed Resource Center Eden Prairie Residents Approving of the Nine Mile Creek Watershed Resource Center Ms. Barbara Kaerwer, resident of the City of Eden Prairie,has expressed her intentions to donate her property located at 12800 Gerard Drive, Eden Prairie, Minnesota, to the Nine Mile Creek Watershed District. The Nine Mile Creek Watershed District has expressed their interest in accepting the property from Ms. Kaerwer and their vision to use the property including the existing home as the Nine Mile Creek. Watershed Resource Center. The attached signature page is for residents of the City of Eden Prairie to sign signifying their approval of the proposed project. The signatures below are those of the neighboring property owners near the Barbara Kaerwer property located at 12800 Gerard Drive, Eden Prairie, MN. Signing below indicates your approval of Barbara Kaerwer's intent to donate her property to the Nine Mile Creek Watershed District and the Nine Mile Creek Watershed District's plans to use the property as the Nine Mile Creek Watershed Resource Center. Name Address Telephone Signature & Date g71 _q*" 9(4i( o , 9'(5-- (cH (,_4( c(-)1k, -7 44- 0 " 2.9 - 2,K 7 /6p7--‘, €0h eQktcs„ 7J 7 i��V�'�w �� �sz•�37.6�3 C� ( — ��//� vco: TorVrcs3 -835-(Digk iiLJ 1fs/lo ry‘ 1,\ C:re va,y Dy • (//s1/0 7 lb Ccq f5 Support for Nine Mile Creek Watershed Resource Center Eden Prairie Residents Approving of the Nine Mile Creek Watershed Resource Center Ms. Barbara Kaerwer, resident of the City of Eden Prairie, has expressed her intentions to donate her property located at 12800 Gerard Drive, Eden Prairie, Minnesota, to the Nine Mile Creek Watershed District. The Nine Mile Creek Watershed District has expressed their interest in accepting the property from Ms. Kaerwer and their vision to use the property including the existing home as the Nine Mile Creek Watershed Resource Center. The attached signature page is for residents of the City of Eden Prairie to sign signifying their approval of the proposed project. The signatures below are those of the neighboring property owners near the Barbara Kaerwer property located at 12800 Gerard Drive, Eden Prairie, MN. Signing below indicates your approval of Barbara Kaerwer's intent to donate her property to the Nine Mile Creek Watershed District and the Nine Mile Creek Watershed District's plans to use the property as the Nine Mile Creek Watershed Resource Center. Name Address Telephone Signature & Date (t( f n Oa/ ?Tr() 4je--(76 r 5,35e/5-6cP6CV 1/1 611-6rI co„ ,,, 9- PT— j6kayty �. /`/(o�i 3--" ,5z/(/ i 6 / I 1 ) ru ;(I - I ' f a;•.� !\ f`�,/,-y 7) 6 (Z `/C• /Yfr IN CL- 7 5 3YC ,_F _ l 4/fib q-,1); Sic-i: 4- C, �'laadr1 .0 Cl e--, 06,110 719. Cerard Lr,'v' EP s i/6, Support for Nine Mile Creek Watershed Resource Center Eden Prairie Residents Approving of the Nine Mile Creek Watershed Resource Center Ms. Barbara Kaerwer, resident of the City of Eden Prairie, has expressed her intentions to donate her property located at 12800 Gerard Drive, Eden Prairie, Minnesota, to the Nine Mile Creek Watershed District. The Nine Mile Creek Watershed District has expressed their interest in accepting the property from Ms. Kaerwer and their vision to use the property including the existing home as the Nine Mile Creek Watershed Resource Center. The attached signature page is for residents of the City of Eden Prairie to sign signifying their approval of the proposed project. The signatures below are those of the neighboring property owners near the Barbara Kaerwer property located at I2800 Gerard Drive, Eden Prairie, MN. Signing below indicates your approval of Barbara Kaerwer's intent to donate her property to the Nine Mile Creek Watershed District and the Nine Mile Creek Watershed District's plans to use the property as the Nine Mile Creek Watershed Resource Center. Name Address Telephone Signatyre & Date ,. : < sue i j t /i t' c% `it z v /26'S f ==Gam'/�i --� l A ` \ 5 ,•- -€E' ',z f %.,5 )_.�G%f-?6;.7._f .�`/(,�,T Lf�! 1 �.34.,t11.,•�, jC„ .7 �� -'�.r�,1C'� { 4- ,t�(!`;'1 /L5 ' t:avt CrY,,''rc7/ ./(,C. R.l �� Support for the Nine Mile Creek Water Resource Center Eden Prairie Residents Approving of the Nine Mile Creek Water Resource Center Ms. Barbara Kaerwer, resident of the City of Eden Prairie, has expressed her intentions to donate her property located at 12800 Gerard Drive, Eden Prairie, Minnesota to the Nine Mile Creek Watershed District. The Nine Mile Creek Watershed District has expressed their interest in accepting the property from Ms. Kaerwer and their vision to use the property including the existing home as the Nine Mile Creek Water Resource Center. The attached signature page is for residents of the City of Eden Prairie to sign signifying their approval of the proposed project. The signatures below are those of those of the neighboring property owners near the Barbara Kaerwer property located at 12800 Gerard Drive, Eden Prairie, MN. Signing below indicates your approval of Barbara Kaerwer's intent to donate her property to the Nine Mile Creek Watershed District and the Nine Mile Creek Watershed District's plans to use the property as the Nine Mile Creek Water Resource Center. f f Name Address Telephone / Signature&Date 1 Ci •1 1 V A, i��� 1! V 1 SJ D� r X 4INE MILE CREEK 952 835 2079 11/16/2009 15:25 #022 P.002/003 Support for Nine Mile Creek Watershed Resource Center Eden Prairie Residers Approving of the INTine Mile Creek Watershed Resource Center Ms. Barbara Kaerwer,resident of the City of Eden Prairie,has expressed her intentions to donate her property located at 12800 Gerard Drive, Eden Prairie,Minnesota, to the Nine Mile Creek Watershed District The Nine Mile Creek Watershed District has expressed their interest in accepting the property from Ms. Kaerwer and their vision to use the property including the existing home as the Nine Mile Creek Watershed Resource Center. The attached e page is for resided of the City of Eden Prairie to sign signifying their approval of the proposed project The signatures below are those of the neighboring property owners near the Barbara Kaerwer property located at 12800 Gerard Drive, Eden Prairie, MN. Signing below indicates your approval of Barbara Kaeswds intent to donate her property to the Nine Mile Creek Watershed District and the Nine Wire Creek Watershed District's plans to use the property as the Nine Nile Creek Watershed Resource Center, .-r-- - _, f Date T lenhoe Signature" ,,,L;1 d( ;' ,e1Alezlext tO47 1171. ,5;7 0-1/26 r \\ dis ' -- 7-61 9 t A i \ , TIG-V 46714,1115,0?- &-)---Y Al6/ )5 --OQ 7 '4 1 7 f.. )1 ' in /o - - iGG 10 R e :70-2-c`Y -s-rwy for op )" , \ 0-44e- '11-307061vreki> 74,1-ge>-- ical ,, 104)-ocr tier 4 S1 — 117,-• T 1 1 4 ? MI j0"` 13)00 ROWS bra :�/ 7i-cii I- 5U + /"'\ JO/24/O 1 ;0 11 • tt r 6 MINE MILE CREEK 952 835 2079 11/16/2009 15:25 #022 P.003/003 Support for Nine Mile Creek Watershed Resource Center Eden Prairie Residents Approving of the Nine Mile Creek Watershed Resource Center Ms.Barbara Kaerwer,resident of the City of Eden Prairie,has expressed her intentions to donate her property located at 12800 Gerard Drive,Eden Prairie,Minnesota,to the Nine Mile Creek Watershed District. The Nine Mile Creek Watershed District has expressed their interest in accepting the property from Ma. Karver and their vision to use the property including the existing home as the Nine Wile Creek Watershed Resource Center. The attached signature page is for residents of the City of Eden Prairie to sign signifying their approval of the proposed project. The signatures below are those of the neighboring property owners near the Barbara Kaerwer property located at 12800 Gerard Drive, Eden Prairie, MN. Signing below indicates your approval of Barbara Kaexwer's intent to donate her property to the Nine Mile Creek Watershed District and the Nine Mile Creek Watershed District's plans to use the property as the Nine Mile Creek Watershed Resource Center. Name Address Tel hone Sig re&Date `I s ` ?,(If 3 r 1911? or 0 r F >7 'elu / . 41t* , sz- ffgj i r rib ii;. ' -) f io/27fvf Jrf __ ic -, ) �` / T ;�I Gr,,134 T1 ,. - ;5'` �eP sy3 #T A Tab , <-4 i Di 1a �� v t r I 1 g -\ 41- al , , ‹(! b'''' -- . 47043 LiP tb4 . v .dia/X/VM/ (1_,-.) ,,,,,i '?\.1?0 it rift kt,s,_7)?:,' .1 I '2r) i 3/9/, iu,--,) Ct 1°A V6)\ t�,s t 11 f_: :/De le{y ck. 13h ' j 7o c o S 14a1-o y -2-61 -13.'",. i i�.° vf2 /Oc' i:0-6 . '.,SUAlti l 8kitj le— 7000 S leery ftzlicafruIPS-2---ci43:17,0;'' St i a /1-7/0 ci 1 a r1 L' ,. # �� lr. 130 $ C, t- RSL 9Z4o`tY7'• 211 L. _ �1 roJ�74 1II, From:NINE MILE CREEK 952 835 2079 11/16/2009 15:24 #022 P.001/003 Support for Nine Mile Creek Watershed Resource Center Eden Prairie Residents Approving of the Nine Mile Creek Watershed Resource Center Ms. Barbara Kaerwer,resident of the City of Eden Prairie, has expressed her intentions to donate her property located at 12800 Gerard Drive, Eden Prairie, Minnesota, to the Nine Mile Creek Watershed District. The Nine Mile Creek Watershed District has expressed their interest in accepting the property from Ms. Kaerwer and their vision to use the property including the existing home as the Nine Mile Creek Watershed Resource Center. The attached signature page is for residents of the City of Eden Prairie to sign signifying their approval of the proposed project. The signatures below are those of the neighboring property owners near the Barbara Kaerwer property located at 12800 Gerard Drive, Eden Prairie, MN. Signing below indicates your approval of Barbara Kaerwer's intent to donate her property to the Nine Mile Creek Watershed District and the Nine Mile Creek Watershed District's plans to use the property as the Nine Mile Creek Watershed Resource Center. Name Address Telephone Signature&Date —pfiegrAe*ebuq a-17t 601.4n 6- 454.q L/3.R gavo i v/ /Die,7�f 1-)0 12 7 Gam- qS 2 9y34z yl n 1)1 (e_f/ 1" . 3/ &_pg extelL 61:5;?-9W-C/RpZ /7:2-7/ 1Y ei I4/1enz ee- Ia7s) G64,/t13 r ci -:4v : , . i)) 1124, 1, a 4 ,/ 4,12 a ') gffet '$u&4AU prZriJ 7 114 Y141/L006 Ai i 29(V $21 lc/z 716 /1r4)q, EmbIAY ► etA r��/� 12v3g e4-6T2 1!1 ,o/77f0GJ 13 7 Jim' fi , ' qua-- 9 0 3 /o/ Support for the Nine Mile Creek Water Resource Center Eden Prairie Residents Approving of the Nine Mile Creek Water Resource Center Ms. Barbara Kaerwer, resident of the City of Eden Prairie, has expressed her intentions to donate her property located at 12800 Gerard Drive, Eden Prairie, Minnesota to the Nine Mile Creek Watershed District. The Nine Mile Creek Watershed District has expressed their interest in accepting the property from Ms. Kaerwer and their vision to use the property including the existing home as the Nine Mile Creek Water Resource Center. The attached signature page is for residents of the City of Eden Prairie to sign signifying their approval of the proposed project. The signatures below are those of those of the neighboring property owners near the Barbara Kaerwer property located at 12800 Gerard Drive, Eden Prairie, MN. Signing below indicates your approval of Barbara Kaerwer's intent to donate her property to the Nine Mile Creek Watershed District and the Nine Mile Creek Watershed District's plans to use the property as the Nine Mile Creek Water Resource Center. Name Address Telephone Signature&Date 1 4'1121(ei. C -I— eS)Yic ) 1� 4��� 1 '-e 1�:1 i'� ��1.` l/l .5")7 �1 �/Z ^!�-/Y �Y,�l - - --:C�ft''i f:C.=•. {--t - C• • 55 !` ��C L( . 7PI j -/ -� -A, c , t f � r, c.c l( F( IR''f Lti.0 1--�.�'v� rJ�.s-Z 3(.-' 3.srJ �f f , • /C% ter ,• •c /: A'cr c<'F�' '27:3 6 c.r i.'j}/ �J�i � .E S r c/7 /S�' ; v i 7t • -iS or1 -iO3U7'4e tit (joa,a L AC ciLi(-{rc4ram ( 7,,/L� Irti Zi 1C I ��/i I.-ri '/'*%çr}rti) ivi /Gf 1/ �-l l ; /G9 2,�f �!'►c�G'l7 Or- 1- +�'4I� S� ///'//0 Support for the Nine Mile Creek Water Resource Center Eden Prairie Residents Approving of the Nine Mile Creek Water Resource Center Ms.Barbara Kaerwer, resident of the City of Eden Prairie, has expressed her intentions to donate her property located at 12800 Gerard Drive,Eden Prairie, Minnesota to the Nine Mile Creek Watershed District. The Nine Mile Creek Watershed District has expressed their interest in accepting the property from Ms. Kaerwer and their vision to use the property including the existing home as the Nine Mile Creek Water Resource Center. The attached signature page is for residents of the City of Eden Prairie to sign signifying their approval of the proposed project. The signatures below are those of those of the neighboring property owners near the Barbara Kaerwer property located at 12800 Gerard Drive, Eden Prairie, MN. Signing below indicates your approval of Barbara Kaerwer's intent to donate her property to the Nine Mile Creek Watershed District and the Nine Mile Creek Watershed District's plans to use the property as the Nine Mile Creek Water Resource Center. Name Address Telephone Signature&Date & H.117' � i`C.Let v�c cr� � 71 C rvc c( Of. 962. cu.J> v� cC-���.. � y ., r\ _ ? C�E'�b C J ��z .C.f�f 1 t� c i �� I L1 11 -r �J � II c_/./6 ,i- ..r J lli• . 1 +:�L��� ��/�I. �I� f sty' 12k C/ .)-1.- Support for the Nine Mile Creek Water Resource Center Eden Prairie Residents Approving of the Nine Mile Creek Water Resource Center Ms. Barbara Kaerwer, resident of the City of Eden Prairie, has expressed her intentions to donate her property located at 12800 Gerard Drive, Eden Prairie, Minnesota to the Nine Mile Creek Watershed District. The Nine Mile Creek Watershed District has expressed their interest in accepting the property from Ms. Kaerwer and their vision to use the property including the existing home as the Nine Mile Creek Water Resource Center. The attached signature page is for residents of the City of Eden Prairie to sign signifying their approval of the proposed project. The signatures below are those of those of the neighboring property owners near the Barbara Kaerwer property located at 12800 Gerard Drive, Eden Prairie, MN. Signing below indicates your approval of Barbara Kaerwer's intent to donate her property to the Nine Mile Creek Watershed District and the Nine Mile Creek Watershed District's plans to use the property as the Nine Mile Creek Water Resource Center. ( e e r AddITess C1$a--9n •a iD Telephone 5ittnat re&Date j'))')0 r cu5)1\,r 1( c - q 1/67)1iii,64(114, -,: � c Li. II % Z e=.h i ))A _ . Support for the Nine Mile Creek Water Resource Center Eden Prairie Residents Approving of the Nine Mile Creek Water Resource Center Ms,Barbara Kaerwer, resident of the City of Eden Prairie,has expressed her intentions to donate her property located at 12800 Gerard Drive, Eden Prairie, Minnesota to the Nine Mile Creek Watershed District. The Nine Mile Creek Watershed District has expressed their interest in accepting the property from Ms. Kaerwer and their vision to use the property including the existing home as the Nine Mile Creek Water Resource Center. The attached signature page is for residents of the City of Eden Prairie to sign signifying their approval of the proposed project. The signatures below are those of those of the neighboring property owners near the Barbara Kaerwer property located at 12800 Gerard Drive, Eden Prairie, MN. Signing below indicates your approval of Barbara Kaerwer's intent to donate her property to the Nine Mile Creek Watershed District and the Nine Mile Creek Watershed District's plans to use the property as the Nine Mile Creek Water Resource Center. Telephone ( Address - ��;�,-� i �urey/ A ph lg ` i e rzt ( --/A tr�� Support for the Nine Mile Creek Water Resource Center Eden Prairie Residents Approving of the Nine Mlle Creek Water Resource Center Ms. Barbara Kaerwer, resident of the City of Eden Prairie, has expressed her intentions to donate her property located at 12800 Gerard Drive,Eden Prairie, Minnesota to the Nine Mile Creek Watershed District. The Nine Mile Creek Watershed District has expressed their interest in accepting the property from Ms. Kaerwer and their vision to use the property including the existing home as the Nine Mile Creek Water Resource Center. The attached signature page is for residents of the City of Eden Prairie to sign signifying their approval of the proposed project. The signatures below are those of those of the neighboring property owners near the Barbara Kaerwer property located at 12800 Gerard Drive, Eden Prairie, MN. Signing below indicates your approval of Barbara Kaerwer's intent to donate her property to the Nine Mile Creek Watershed District and the Nine Mile Creek Watershed District's plans to use the property as the Nine Mile Creek Water Resource Center. Name Address Telephone Signature&Date ` `` v� 4u Gvi '�� 5Irv' ,' '•tif� 71(1 ° (: NL- J Pt- ( `/��r �/ // -/ yvG i� I \y 61 ` '_ t,- y— • Illrg - 6 s 1 1, atm ' tsa*! \-= t J Mgr . . F. 7056 51 6I /' -- J r 12770 / WM 0ii1 Ik......._ 2' " 12660 / f F 1 \- - 4_ — N/ 1 \ - 1 i I w �.. 12712 7 - , � 1\1\.\_\ 7-1 ---________ 17.----- -4 Ube \ \ 1. ;-`1111111' iii ----11 \ WNW JUNI we -------740, ______,, .....,::, 11414"---iiiii;es- am _____Z_ �szsa i -•-s, . - i. i;;NI— , 1727,27 /f)p�� 'V �r//�- 7211 4!EHWECT la F 1.0400 _--_� Alia 112.1.01:f__._,_____ rn \—\ IIII:,' .7 a20 C 7251 -,r:\ NM 0 -`_,-`` \. \` ' - � - --• 7° 7267 ` A rb /\ et6 '' ' \'/ \'. 11104111. / -71V°45 '. . 7- NW 611.1 t Ming . , / .7---- 1 \ IMO >,---'---A:: ,___41.111/.6. ------..,., '. 1:I WM. �� ,22 \ i �� f3if0 .- Barbara's Property 7}63 ti NSN'''',./.,_ mom ___________Ar you LA Approve Project ,„,� ti:N `;.- ----N\7,-- Against Project a$�'SOR �`� ----„,,,..,,,,,...„,:ate , r , ul J lag/ IMO Absent/Moved/For Sale f a1 / Neighboring property owners of Barbara Kaerwer To: Planning Commission and Eden Prairie City Council August 20, 2010 From: Gina Deinhart 12741 Gordon Drive Eden Prairie, MN 55346 To whom it may concern, I am writing to withdraw my approval for the proposed zoning change for the Kaerwer property. I did not realize the house was to be used for the NMCWD's office headquarters. We live in a neighborhood not a business district. The property doesn't stand by itself like the Outdoor Center at Starring Lake. It is surrounded on three sides by family homes. The streets accessing this site are narrow residential streets. They don't have turn lanes or any extra room on the sides of the lanes. Also, there are no sidewalks or trails. The curve on Girard the main access road to this property is treacherous without heavy traffic for meetings, educational classes, seminars, etc. being proposed by the NMCWD. This road is the main walking "path" for residents in this neighborhood. We should be able to walk, run, bike, etc. without worrying about even more outside traffic. During the school year employees of the NMCWD are going to be arriving to work and leaving from work in our neighborhood at the same time our children are waiting at bus stops and being dropped off. This would make Girard even more congested and an unwanted safety issue for our children. Also, if the zoning is changed can the city council control how many educational classes, seminars, etc. the NMCWD plans in the future? How can the NMCWD state how the property will be used in the future when their Board is elected every so many years? If the zoning is changed all decisions regarding the property will be made by a Board of Managers with no ties to this neighborhood. Recently, there was a suspicious car driving around the neighborhood and loitering by the park. It was easily distinguished because this neighborhood is small and isolated and people are familiar with each other's vehicles. The NMCWD doesn't state what it is trying to take away from our neighborhood. We will lose the security we get from seeing familiar faces and vehicles. We won't recognize suspicious vehicles or people because we won't have a consistently familiar base to fall back on. A business brings strangers to a neighborhood making it less safe for children. The best way to protect Eden Prairie's natural resources and the children of our neighborhood is for the land to be donated by itself for open park space. Barbara's home could remain a homestead and part of the land it sits on could be sold with the house keeping the property intact. We have classes through the Outdoor Center and Community Education keeping Eden Prairie residents up to date with the environmental concerns of our world. Barbara Kaerwer's donation is a reflection of her kind and generous nature. Ifs hard to make a decision that differs from the legacy she invisioned for her land. But, this is a neighborhood not a business district and decisions shoud be based exclusively on that. Respectfully, Gina Deinhart To: Eden Prairie City Council Members From: Eden Prairie Conservation Commission Date: September 14, 2010 RE: Nine Mile Creek Water Resource Center Dear Eden Prairie City Council Members; The Eden Prairie Conservation Commission including the student Commissioners wish to express their official support for the proposed Guide Plan change and Planned Unit Development that would allow the Nine Mile Creek Watershed District(NMCWD)to develop a Water Resource Center and District Headquarters on the current property of Barbara Kaerwer. The Commission believes the Water Resource Center will be a wonderful asset to the City of Eden Prairie, offering educational opportunities and demonstration sites for best management practices that improve and protect the quality of our water resources. The Center would also serve as a community gathering place where our residents, students, City staff, elected officials, and others may learn first hand about the importance of protecting our lakes, streams, and wetlands. The proposed Guide Plan change would also keep this property as public open space, thereby preserving the natural areas our residents currently enjoy and wish to protect for the purposes of conservation, education, and outdoor enjoyment. The Conservation Commission took formal action to support and recommend to the Council the Guide Plan change and PUD at their meeting on September 14, 2010. With a vote of 4 ayes and 0 nays, the motion carried. CITY COUNCIL AGENDA DATE: September 21, 2010 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Community Pavement Materials Development/Planning Janet Jeremiah Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of an Ordinance amending City Code Section 11.03 Subdivision 3H relating to Special Requirements for Off Street Parking and Off Street Loading Facilities. Synopsis The current code requires that every off-street parking area shall be (1) surfaced with an asphaltic or Portland cement binder, (2) graded so as to dispose of all area surface water, and (3) marked so as to provide for orderly and safe use of the area. The proposed code replaces the current code in its entirety as follows: "Parking areas, loading areas, and driveways shall be surfaced with bituminous, concrete, natural stone or other types of concrete stone and pavers and graded to dispose of or infiltrate all area surface water without damage to private or public properties, streets, or alleys." Background Information In 2009 the Planning Commission directed staff to evaluate additional permeable paving material options for inclusion in a future amendment to the code. The Conservation Commission also worked on the code amendment evaluating surrounding city codes and practices. On August 2, 2010 the Conservation Commission voted 5-0 to change the draft code amendment to include the words "to dispose of or infiltrate all area surface water." Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the code amendment at the August 23, 2010 meeting. Attachments 1. Ordinance 2. Staff Report 3. Planning Commission Minutes 4. Conservation Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.03 SUBDIVISION 3 H and I RELATING TO SPECIAL REQUIREMENTS RELATING TO OFF-STREET PARKING FACILITIES AND OFF-STREET LOADING FACILITIES; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code, Chapter 11, Section 11.03 H. 5. (c) is amended in its entirety as follows: (c) Parking areas, loading areas and driveways must be surfaced with bituminous, concrete, natural stone, or other types of concrete stone and pavers and graded to dispose of all area surface water without damage to private or public properties, streets, or alleys." Section 2. City Code, Chapter 11, Section 11.03 H. 7. is amended to add paragraph (d) as follows: (d) Parking areas, loading areas and driveways must be surfaced with bituminous, concrete, natural stone or other types of concrete stone and pavers and graded to dispose of or infiltrate all area surface water without damage to private or public properties, streets, or alleys." Section 3. City Code, Chapter 11, Section 11.03 I. 3 (d) is amended in its entirety as follows: (d) Parking areas, loading areas and driveways must be surfaced with bituminous, concrete, natural stone or other types of concrete stone and pavers and graded to dispose of or infiltrate all area surface water without damage to private or public properties, streets, or alleys." Section 4. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the _ day of XXXXXX, 2010, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the _ day of XXXX 2010. Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on , 2010. STAFF REPORT TO: Planning Commission FROM: Regina Herron, Planner II THROUGH: Michael D. Franzen, City Planner DATE: August 20, 2010 SUBJECT: Code Amendment—Parking Areas, Loading Areas, and Driveways BACKGROUND In 2009 city staff presented a proposed code amendment to the Planning Commission on pavement materials. The Planning Commission directed staff to evaluate additional permeable paving material options for inclusion in a future amendment to the code. Staff worked with the Conservation Commission to research surrounding city codes and practices. On August 2, 2010 the Conservation Commission voted 5-0 to change the draft code amendment to include the words "to dispose of or infiltrate all area surface water." CHANGES TO DRIVEWAY SURFACE MATERIALS Current Code Every off-street parking area shall be (1) surfaced with an asphaltic or Portland cement binder, (2) graded so as to dispose of all area surface water, and(3) marked so as to provide for orderly and safe use of the area. Proposed Code Change The proposed code language would replace the current code in its entirety. "Parking areas, loading areas, and driveways shall be surfaced with bituminous, concrete, natural stone or other types of concrete stone and pavers and graded to dispose of or infiltrate all area surface water without damage to private or public properties, streets, or alleys." STAFF RECOMMENDATION Staff recommends approval of the code amendment. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,AUGUST 23, 2010 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Jon Stoltz (Chair), Kevin Schultz (Vice Chair), John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Travis Wuttke STAFF: Stu Fox, Manager of Parks and Natural Resources Michael Franzen, City Planner Rod Rue, City Engineer Heidi Wojahn, Recording Secretary I. PLEDGE OF ALLEGIANCE/ROLL CALL Chair Stoltz called the meeting to order at 7:01 p.m. Commissioners Pitzrick and Schultz were excused from this evening's meeting. II. APPROVAL OF AGENDA MOTION: Wuttke moved, seconded by Kirk, to approve the agenda. Motion carried 5-0. CODE AMENDMENT—PAVEMENT MATERIALS Franzen reported the Conservation Commission concluded discussion on pavement materials and voted 5-0 to change the draft code amendment to include the words "to dispose of or infiltrate all area surface water." Staff recommends approval of the code amendment. The proposed code language would replace the current code in its entirety and reads as follows: "Parking areas, loading areas, and driveways shall be surfaced with bituminous, concrete, natural stone or other types of concrete stone and pavers and graded to dispose of or infiltrate all area surface water without damage to private or public properties, streets, or alleys." Wuttke inquired if the proposed code language would allow any existing non- pervious pavement to be replaced by pervious pavement systems. Franzen said yes, this gives property owners other options besides concrete or bituminous materials. Wuttke asked if there was anything in the grading guidelines or fill and infiltration permits specifying contractors be certified. Franzen responded no, it is up to property owners to hire knowledgeable contractors. Lechelt suggested adding language along the lines of"to current industry standards" or"to ATSI standards"to ensure proper drainage. Franzen said the most efficient way to address that is to make available a how-to handout listing current specifications. Since those are likely to change over time, it is easier to update the handout rather than amending the code. MOTION: Wuttke moved, seconded by Kirk, to close the public hearing. Motion carried 5-0. MOTION: Wuttke moved, seconded by Kirk, to recommend approval of the code amendment for pavement materials. Motion carried 5-0. Conservation Commission August 2, 2010 Page 3 thought we should rethink what we are doing for the event, and we might focus on having a packet for kids next year. VIII. CONTINUING BUSINESS A. Porous Paver Discussion Olson said we talked about the Commission offering some kind of language for an ordinance. He was a little lost with that idea and suggested we start by looking at the language offered by the Planning Commission in March 2009, which seemed to open the door to the use of porous pavers. Jester thought we should look at some of the surrounding cities' ordinances, and we also talked about regulating maintenance of porous pavers. Olson said the University of New Hampshire has done a lot of research on pervious surfaces, and there is a lot of information for an engineer to use. The Storm Water Pollution Prevention Program (SWPPP) document Ms Stovring prepared mentions the need for more infiltration and reducing storm water runoff. He said the Landscape Arboretum has a lot of information on the use of porous surfaces in combination with landscaping and raingardens. He asked if we should be driving towards encouraging the use of porous pavers or should we be helping the City to come up with an overall strategy with porous pavers as part of it. Jester said she thought the first thing in the process is to amend the ordinance so porous pavers are allowed, then we can go down the road of encouraging their use. Herron said at the last Planning Commission meeting they asked for something in the next two months as they want to move this along. She said they seemed very positive about it at the workshop, and there didn't seem to be anyone against the use of porous materials as an approved surface. She thought it will come down to the education component. Every city has its own strategy. Some require permits. Some say it can be used as part of storm water management while others say you can't do that. There was not one specific standard among any of the cities. She said our City code allows the use of Portland cement or bituminous asphalt and does not specify whether it can be porous or not. It also does not specify whether you can use pavers. We determined that porous concrete pavers would be allowed under the code. If another material was used and there was a complaint, zoning enforcement would be done to determine if it was in violation. Jester noted there were several sections of code affected with the recycling code changes and asked if that is the case with this. Herron said it would be in Chapter 11 on zoning districts. Daniels asked if opening this up and using inclusive language could create a problem for contractors whose clients want to do this. Herron said we want to encourage use of porous pavers in redevelopment projects,but those are not allowed under the current ordinance. Conservation Commission August 2, 2010 Page 4 Herron said we could make a recommendation to the Planning Commission. MacMillan asked if we would consider the plastic pavers that Ms Brown displayed at the last meeting. Jester said it didn't specify what kind of pavers, so we may want to leave it as is. Shrikhande asked if there would be concern about the use of unknown synthetic materials in the plastic pavers. Jester thought we should not mention what type. We could take the language drafted in March of 2009 and add the words "or infiltrate" in each of the sections. Herron said staff would then write a report to the Planning Commission stating the recommendation and including background materials for Planning Commission members. MacMillan thought we could include some of the information that Mr. Olson has found. MOTION: Olson moved, seconded by MacMillan,to change the code amendment proposed by the Planning Commission in March 2009 as follows: "...to dispose of or infiltrate all area surface water...." Motion carried 5-0. B. Landfill Public Meeting Preparation—Fall Herron said she talked briefly with Mr. Neal about this but she needs to talk to him again to get a better outline and more information on what he is thinking of When she gets that information she will discuss it with Ms Jester. C. Ideas for Life in the Prairie Newsletter Herron said she has not seen anything published with regard to any of the ideas we have passed along. Daniels thought we could do an article on recycling in the parks in response to the article in the newspaper. MacMillan thought we are talking about changing habits and that is very difficult to do. She thought we might develop a campaign to reuse water bottles and start with an article about it in the newsletter. She asked if we might get money for this from Ms Stowing since it concerns water. Jester thought we might hand out water bottles at one of our functions. Olson thought it would be an interesting experiment because we need to get people's attention and give them some kind of a reason for why they should change. Jester thought it is a great idea, and we might keep it on the agenda for next time to get some ideas together. She thought we might want to make a recommendation to change the policy in City buildings. D. Website Content Olson said it was interesting to find the presentation material on our SWPPP and best management practices listed on our website. He would like to have a talk by Ms Stovring on the material and how this is affecting City policy going forward. Jester said it would be good to hear how many any new people signed up to receive updates. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims September 21, 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 201140 - 201524 Wire Transfers 3947 - 3965 3955 —3965 August Purchasing Card Payment City of Eden Prairie Council Check Summary 9/21/2010 Division Amount Division Amount General 44,404 803 Escrow Fund 342 100 City Manager 100 806 SAC Agency Fund 25,200 101 Legislative 45 Total Agency Funds 25,542 102 Legal Counsel 1,456 110 City Clerk 169 807 Benefits Fund 324,587 111 Customer Service 4,920 811 Property Insurance 78,380 112 Human Resources 91 812 Fleet Internal Service 89,957 113 Communications 5,362 813 IT Internal Service 39,646 114 Benefits&Training 1,384 814 Facilities Capital ISF 58,112 131 Finance 490 815 Facilites Operating ISF 22,655 132 Housing and Community Services 1,600 816 Facilites City Center ISF 19,920 133 Planning 98 817 Facilites Comm.Center ISF 14,251 136 Public Safety Communications 1,916 Total Internal Service Funds 647,507 137 Economic Development 52 138 Community Development Admin. 17 Report Totals 2,065,774 150 Park Administration 107 151 Park Maintenance 16,065 152 Parks Capital Outlay 4,514 153 Organized Athletics 5,994 154 Community Center 6,580 155 Beaches 56 156 Youth Programs 8,238 158 Adult Recreation 1,548 159 Recreation Administration 11,083 160 Therapeutic Recreation 105 161 Oak Point Pool 423 162 Arts 4,073 163 Outdoor Center 4,900 166 CC-Therapeutic Recreation 41 168 Arts Center 3,993 180 Police 29,767 183 Emergency Preparedness 1,839 184 Fire 9,796 200 Engineering 116 201 Street Maintenance 9,609 Total General Funds 180,949 301 CDBG 7,625 304 Senior Board 246 308 E-911 1,228 Total Special Revenue Funds 9,099 315 Economic Development 2,995 502 Park Development 86,238 503 Utility Improvement 31,882 509 CIP Fund 480 512 CIP Trails 90,607 513 CIP Pavement Management 8,580 521 Trails Referendum 5,897 522 Improvement Projects 2006 29,026 Total Capital Project Funds 255,705 601 Prairie Village Liquor 91,264 602 Den Road Liquor 132,769 603 Prairie View Liquor 82,243 605 Den Road Building 1,875 701 Water Fund 42,581 702 Sewer Fund 552,693 703 Storm Drainage Fund 43,548 Total Enterprise Funds 946,972 City of Eden Prairie Council Check Register 9/21/2010 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 201428 276,694 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General MCES Monthly Fee 201516 267,243 MACQUEEN EQUIPMENT INC Machinery&Equipment Sewer System Maintenance Vactor Truck 3948 190,637 CERIDIAN State Taxes Withheld Health and Benefits Payroll Taxes 3951 120,354 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 201351 89,386 BITUMINOUS ROADWAYS INC Improvement Contracts CIP Trails 201510 84,578 BLACKSTONE CONTRACTORS LLC Improvements to Land Park Acquisition&Development 201417 78,380 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 201460 58,112 RESTORATION SYSTEMS INC Other Contracted Services Facilities Capital 201209 31,835 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 201413 30,021 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 201220 29,819 LOGIS Software Maintenance IT Operating 201312 28,835 DOBOSZENSKI&SONS Other Contracted Services Improvement Projects 2006 3965 27,850 US BANK Deposits Escrow 201297 25,460 WIRTZ BEVERAGE MINNESOTA Wine Imported Den Road Liquor Store 201427 24,948 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 3950 23,380 ING Deferred Compensation General Fund 201197 22,725 HANSEN THORP PELLINEN OLSON Other Contracted Services Trails Referendum 201374 22,678 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center 201176 21,671 DODGE OF BURNSVILLE Autos Police 201497 21,358 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 201519 19,833 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Infiltration/Inflow Study 201303 18,692 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 201503 18,366 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 201454 15,739 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store 3949 15,500 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 201298 14,683 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 201279 14,009 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 201409 13,849 JJ TAYLOR DISTRIBUTING MINNESO Beer Den Road Liquor Store 201498 13,638 WIRTZ BEVERAGE MINNESOTA BEER Misc Taxable Den Road Liquor Store 201203 13,156 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 201326 12,253 STREICHERS Protective Clothing Police 3953 11,510 US BANK TRUST HRA Health and Benefits 201450 11,154 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 201258 10,835 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store 201288 10,745 WALL TRENDS INC Contract Svcs-Gen.Bldg City Center Operations 201455 10,557 R R DONNELLEY Printing Community Brochure 201175 10,170 DAY DISTRIBUTING Beer Prairie View Liquor Store 201270 9,389 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Storm Drainage 201192 9,261 GRAYMONT Treatment Chemicals Water Treatment Plant 201473 9,109 THORPE DISTRIBUTING Beer Den Road Liquor Store 201190 8,580 GOODPOINTE TECHNOLOGY Design&Engineering CIP Pavement Management 201250 8,573 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 201158 7,846 CANADA GOOSE MANAGEMENT INC Other Contracted Services Storm Drainage 201448 6,837 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 201146 6,808 ACTION FLEET INC Equipment Repair&Maint Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 201181 6,395 ESS BROTHERS&SONS INC Repair&Maint.Supplies Storm Drainage 201431 6,278 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 201393 6,168 GRAYMONT Treatment Chemicals Water Treatment Plant 201495 6,035 WINE MERCHANTS INC Transportation Den Road Liquor Store 201370 5,568 DAY DISTRIBUTING Beer Den Road Liquor Store 201320 5,497 MCQUAY INTERNATIONAL Contract Svcs-HVAC Fire Station#3 201336 5,495 ACE TRAILER SALES Machinery&Equipment Public Works 201345 5,453 ARSENAULT ASSOCIATES Software Maintenance IT Operating 201229 5,311 MIDWEST ASPHALT CORPORATION Repair&Maint. Supplies Storm Drainage 201463 5,184 SHERBARTH-LYNCH,SANDRA Instructor Service Tennis 201349 5,064 BELLBOY CORPORATION Wine Imported Den Road Liquor Store 201316 4,595 HENNEPIN COUNTY TREASURER Board of Prisoner Police 201395 4,568 HAWKINS INC Treatment Chemicals Water Treatment Plant 201515 4,514 IZONE Signs Capital Outlay Parks 201359 4,476 CEMSTONE PRODUCTS COMPANY Repair&Maint. Supplies Storm Drainage 201167 4,339 CITY HILL FELLOWSHIP Other Contracted Services Rehab 201335 3,652 ABM JANITORIALSERVICES-NORTH C Janitor Service Utility Operations-General 201154 3,648 BELLBOY CORPORATION Transportation Prairie View Liquor Store 201278 3,444 TEAM LABORATORY CHEMICAL CORPO Repair&Maint. Supplies Sewer Liftstation 201238 3,381 MUELLER CO Repair&Maint. Supplies Water Metering 201323 3,200 OMB GUNS Training Supplies Police 201389 3,149 GRAINGER Building Repair&Maint. Water Treatment Plant 201246 3,134 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 201494 3,079 WINE COMPANY,THE Transportation Den Road Liquor Store 201452 2,995 PRAIRIE ELECTRIC COMPANY Other Contracted Services Economic Development Fund 201407 2,790 INFRARED CONSULTING SERVICES I Contract Svcs-Electrical City Hall-CAM 201467 2,756 STAPLES ADVANTAGE Office Supplies Police 201224 2,626 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 201314 2,622 GENUINE PARTS COMPANY Equipment Parts Fleet Operating 201152 2,513 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage 201451 2,502 PICKUP SPECIALTIES Capital Under$10,000 Fire 201362 2,302 CERTA PRO PAINTERS Other Contracted Services Rehab 201505 2,301 ZEP MANUFACTURING CO Equipment Parts Fleet Operating 201292 2,142 WINE COMPANY,THE Transportation Prairie View Liquor Store 201294 2,126 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 201164 2,099 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 3954 2,086 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 201337 2,084 ACTIVE NETWORK INC,THE Other Contracted Services IT Operating 201155 2,078 BLOOMINGTON,CITY OF Kennel Services Animal Control 201363 2,023 CHEMSEARCH Supplies-HVAC City Hall-CAM 201524 2,015 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store 201177 2,011 EARL F ANDERSEN INC Signs Park Maintenance 201377 1,929 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 201342 1,817 ANDERBERG INNOVATIVE PRINT SOL Printing Police 201302 1,814 XCEL ENERGY Equipment Repair&Maint Miller Park 201275 1,804 STRATEGIC INSIGHTS INC Software Maintenance IT Operating 201171 1,800 COPES,JANE SNELL Instructor Service Outdoor Center 201408 1,782 INTEGRITY REMODELING&DESIGN Capital Under$10,000 Furniture 201399 1,763 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 201490 1,697 VINOCOPIA Transportation Den Road Liquor Store 201211 1,613 KEEPERS Clothing&Uniforms Fire 201511 1,600 COMPAR INC Capital Under$10,000 Housing and Community Service 201396 1,556 HD SUPPLY WATERWORKS LTD Repair&Maint. Supplies Storm Drainage 201469 1,548 SURLY BREWING CO Beer Den Road Liquor Store 201276 1,538 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating 201200 1,489 HOHENSTEINS INC Beer Prairie View Liquor Store 201286 1,469 VINOCOPIA Transportation Prairie Village Liquor Store 201204 1,461 JOHN DEERE LANDSCAPES/LESCO Repair&Maint. Supplies Park Maintenance 201439 1,456 MOSS&BARNETT Legal Legal Council 201484 1,448 US POSTMASTER Postage Water Accounting 201472 1,443 TESSMAN SEED CO Landscape Materials/Supp Street Maintenance 201365 1,414 CLAREYS INC Office Supplies Customer Service 201394 1,403 HAGGENMILLER LUMBER INC Building Materials Park Acquisition&Development 201445 1,380 OEDEKOVEN,KIMBERLY R Instructor Service Arts Center 201240 1,338 NEW FRANCE WINE COMPANY Transportation Prairie Village Liquor Store 201372 1,335 DECORATIVE DESIGNS INC Contract Svcs-Garden Rm/Caf. City Hall-CAM 201147 1,238 AIR POWER EQUIPMENT CORPORATIO Contract Svcs-HVAC Fire Station#1 201433 1,224 MINNESOTA CONWAY Operating Supplies Fire 201356 1,219 BUCK,NATHAN Other Contracted Services Softball 201230 1,212 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 201514 1,202 INFRATECH Small Tools Infiltration/Inflow Study 201392 1,177 GRAPE BEGINNINGS Transportation Den Road Liquor Store 201251 1,143 PLOSZAY,ANDREA Tuition Reimbursement/School Organizational Services 201226 1,121 METRO SALES INCORPORATED* Other Rentals Customer Service 201368 1,097 COSTCO Operating Supplies Day Camp 201426 1,097 METRO FIRE Protective Clothing Fire 201523 1,079 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 201346 1,077 BAUER BUILT TIRE AND BATTERY Repair&Maint.Supplies Emergency Preparedness 201401 1,053 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 201358 1,047 CARDIAC SCIENCE CORPORATION EMS Supplies Fire 201329 1,044 WM MUELLER AND SONS INC Repair&Maint. Supplies Sewer System Maintenance 201266 1,040 RUFFRIDGE JOHNSON EQUIPMENT CO Equipment Parts Fleet Operating 201361 1,012 CERIDIAN Ceridian IT Operating 201196 1,010 HACH COMPANY Laboratory Chemicals Water Treatment Plant 201247 1,001 PEPSI COLA COMPANY Merchandise for Resale Concessions 201355 1,000 BRYAN ROCK PRODUCTS INC Gravel Storm Drainage 201212 990 KIDCREATE STUDIO Instructor Service Arts Center 201425 984 METRO CONCRETE RAISING INC Other Contracted Services Rehab 201378 975 EPA AUDIO VISUAL INC Other Hardware IT Operating 201354 969 BRAUN INTERTEC CORPORATION Testing-Soil Boring Trails Referendum 201259 963 QWEST Process Control Services Water Treatment Plant 201305 962 ACTIVE NETWORK INC,THE Other Contracted Services IT Operating 201406 960 IND SCHOOL DIST 272 Gym Rental Adult Open Gym 201237 956 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 201367 953 COPES,JANE SNELL Instructor Service Outdoor Center 201195 950 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 201148 950 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture 201457 940 READY WATT ELECTRIC Repair&Maint. Supplies Emergency Preparedness Check# Amount Vendor/Explanation Account Description Business Unit Explanation 201456 936 RAY,LEE Other Contracted Services Softball 201379 920 FAGNANT,SUSAN Instructor Service Outdoor Center 201492 913 VTI Equipment Repair&Maint Public Safety Communications 201310 898 COMMERCIAL MAINTENANCE CHEMICA Supplies-Plumbing City Hall-CAM 201513 860 INDUSTRIAL SUPPLY CO INC Equipment Parts Water Treatment Plant 201307 846 BRO-TEX INC Equipment Parts Fleet Operating 201391 833 GRANICUS INC Software Maintenance IT Operating 201476 768 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Den Road Liquor Store 201446 767 OUTLAND BUILDERS Cash Over/Short General Fund 201404 760 IND SCHOOL DIST 272 Gym Rental Volleyball 201405 760 IND SCHOOL DIST 272 Gym Rental Volleyball 201180 758 ESCH CONSTRUCTION SUPPLY INC Repair&Maint. Supplies Storm Drainage 201441 722 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 201440 709 MT GLOBAL LLC Transportation Prairie Village Liquor Store 201475 692 TOTAL RENTAL Other Rentals International Festival 201161 692 CAT&FIDDLE BEVERAGE Wine Imported Prairie Village Liquor Store 201352 681 BOURGET IMPORTS Transportation Den Road Liquor Store 201188 662 GE CAPITAL Other Rentals Customer Service 201234 661 MN DEPT OF TRANSPORTATION Equipment Repair&Maint Traffic Signals 201459 652 RESCUE RESPONSE GEAR INC Small Tools Fire 201491 650 VOGEL'S EXOTIC ANIMALS SHOWS Other Contracted Services Sunbonnet Days 201142 635 A-SCAPE INC Contract Svcs-Lawn Maint. City Hall-CAM 201299 635 WORK CONNECTION,THE Other Contracted Services Park Maintenance 201215 631 KUSTOM SIGNALS INC Equipment Repair&Maint Police 201325 619 SIRCHIE FINGER PRINT LABORATOR Operating Supplies Police 201217 611 LANO EQUIPMENT INC Equipment Parts Fleet Operating 201244 605 OPPORTUNITY PARTNERS Janitor Service Dunn Brothers 3947 600 CERIDIAN Garnishment Withheld General Fund 201458 600 REESE,TIMOTHY J Other Contracted Services Riley-Jacques Barn 201268 597 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 201375 594 DOMACE VINO Transportation Prairie View Liquor Store 201284 588 VALENCIA COMMUNITY COLLEGE Capital Under$10,000 E-911 Program 201223 582 MASTER CRAFT LABELS INC Operating Supplies Den Road Liquor Store 201350 576 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 201414 573 KEEPERS Clothing&Uniforms Police 201222 572 MARGRON SKOGLUND WINE IMPORTS, Transportation Prairie View Liquor Store 201260 566 QWEST Maintenance Contracts E-911 Program 201252 546 POMP'S TIRE SERVICE INC Tires Fleet Operating 201488 535 VESSCO INC Equipment Parts Water Treatment Plant 201273 526 SPRINT Wireless Subscription IT Operating 201371 525 DE LAGE LANDEN FINANCIAL SERVI Equipment Repair&Maint IT Operating 201423 523 MCQUAY INTERNATIONAL Contract Svcs-HVAC Fire Station#5 201300 521 WORLD CLASS WINES INC Transportation Prairie View Liquor Store 201478 518 TWIN CITY SEED CO Improvement Contracts CIP Trails 201357 504 CANNON RIVER WINERY Wine Domestic Prairie Village Liquor Store 201191 501 GRAINGER Repair&Maint-Ice Rink Ice Arena Maintenance 201430 500 MIDDLE SPUNK CREEK BOYS,THE Other Contracted Services Sunbonnet Days 201318 470 HORIBA JOBIN YVON INC Operating Supplies Police 201330 466 1ST LINE/LEEWES VENTURES LLC Merchandise for Resale Concessions Check# Amount Vendor/Explanation Account Description Business Unit Explanation 201447 460 PAUL'S TWO-WAY RADIO Equipment Repair&Maint Public Safety Communications 201285 459 VAN PAPER COMPANY Cleaning Supplies Community Center Maintenance 201509 457 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 201380 450 FAHEY,LARRY Other Contracted Services Sunbonnet Days 201398 447 HENNEPIN COUNTY UT DEPT Equipment Repair&Maint Public Safety Communications 201364 439 CLAEYS,MATTHEW AR Utility Water Enterprise Fund 201157 438 BOURGET IMPORTS Transportation Prairie Village Liquor Store 201468 428 STRAND MANUFACTURING CO INC Equipment Parts Water Treatment Plant 201281 428 TWIN CITY SEED CO Landscape Materials/Supp Park Acquisition&Development 201186 422 FORTIN CONSULTING INC Design&Engineering Storm Drainage 201255 418 PUCHALSKI,MARY Operating Supplies Arts Center 201462 415 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 201304 413 Z WINES USA LLC Transportation Prairie View Liquor Store 201434 405 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 201321 390 MINNESOTA CHAPTER IAAI Conference Expense Fire 201185 390 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 201464 387 SHERWIN WILLIAMS Equipment Repair&Maint Traffic Signals 201487 385 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 201213 379 KOCHER,SUSAN Instructor Service Outdoor Center 201328 375 WALL TRENDS INC Contract Svcs-General Bldg Park Shelters 201332 375 3CMA Prepaid Expenses General Fund 201506 363 ZIEGLER INC Other Rentals International Festival 201461 359 SCHARBER&SONS Equipment Parts Fleet Operating 201422 352 MASTER CRAFT LABELS INC Printing Communications 201485 352 VAN PAPER COMPANY Cleaning Supplies Park Shelters 201331 350 2ND WIND EXERCISE Operating Supplies Fitness Center 201381 345 FALCK,TIMOTHY R Other Contracted Services Softball 201280 340 TWIN CITIES&WESTERN RAILROAD Licenses&Taxes Water Distribution 201141 339 A TO Z RENTAL CENTER Operating Supplies Fire 201499 319 WM MUELLER AND SONS INC Repair&Maint. Supplies Storm Drainage 201174 319 DALE GREEN COMPANY,THE Improvement Contracts CIP Trails 201241 309 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 201339 298 AMERICAN WATER WORKS ASSOCIATI Training Supplies Utility Operations-General 201502 294 XCEL ENERGY Electric Forest Hills Park 201432 285 MIDWEST LOCK&SAFE Contract Svcs-General Bldg Pool Maintenance 201156 284 BOUND TREE MEDICAL LLC EMS Supplies Fire 201517 280 PLAY FOR LIFE SYMPOSIUM/LSI Conference Expense Recreation Administration 201376 276 ELIASON,STEVE J Other Contracted Services Softball 201501 274 WORLD CLASS WINES INC Transportation Den Road Liquor Store 201172 274 CRETEX CONCRETE PRODUCTS NORTH Equipment Parts Storm Drainage 201173 270 CUSTOM HOSE TECH Equipment Repair&Maint Fleet Operating 201444 269 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 201269 267 SHERWIN WILLIAMS Operating Supplies Traffic Signals 201387 251 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 201267 250 SCHMIT TOWING INC Training Supplies Fire 201324 250 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 201435 249 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals 201219 248 LIFT BRIDGE BREWERY Beer Prairie Village Liquor Store 201225 247 MENARDS Grounds Maintenance Utility Operations-General Check# Amount Vendor/Explanation Account Description Business Unit Explanation 201179 244 ENVIRONMENTAL RESOURCE ASSOCIA Laboratory Chemicals Water Treatment Plant 201520 243 TECH CENTER Equipment Repair&Maint IT Operating 201508 243 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 201221 243 MARCO INC Other Contracted Services IT Telephone 201193 235 GREAT AMERICAN BUSINESS PRODUC Operating Supplies Community Center Admin 201402 232 IND SCHOOL DIST 272 Building Rental Community Band 201373 232 DELEGARD TOOL CO Equipment Parts Fleet Operating 201353 225 BOYER TRUCKS Equipment Parts Fleet Operating 201327 224 TWIN CITY FILTER SERVICE INC Supplies-HVAC Community Center Maintenance 201274 223 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Fire 201470 223 TAMS-WITMARK MUSIC LIBRARY INC Recreation Supplies Summer Theatre 201140 217 4 EVER EXERCISE EQUIPMENT REPA Equipment Repair&Maint Police 201182 215 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 201301 214 WORM,SANDY Improvement Contracts CIP Trails 201386 211 GE CAPITAL Other Rentals Customer Service 201289 210 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 201291 205 WEIGLE,CHRIS Accounts Receivable Community Center Admin 201382 200 FARD,APRIL Parking Permits Community Center Admin 201242 199 NORTHERN TOOL Equipment Parts Fleet Operating 201341 198 ANCHOR PRINTING COMPANY Printing Police 201338 197 AL'S COFFEE Merchandise for Resale Concessions 201201 196 J H LARSON COMPANY Repair&Maint. Supplies Park Maintenance 201388 195 GIRARD'S BUSINESS SOLUTIONS IN Office Supplies Customer Service 201150 191 ANCHOR PRINTING COMPANY Office Supplies Fire 201416 189 LANZI,BOB Mileage&Parking Ice Arena 201390 184 GRAMPRE,DAVID A Other Contracted Services Softball 201397 184 HEALY,STEPHEN Other Contracted Services Softball 201189 183 GINA MARIAS INC Operating Supplies Fire 201512 180 DANIMAL DISTRIBUTING INC Beer Den Road Liquor Store 201489 178 VINOANDES Transportation Den Road Liquor Store 201262 171 RCM&ASSOCIATES Operating Supplies Fleet Operating 201466 170 SNAP-ON TOOLS Small Tools Fleet Operating 201199 154 HOBART Contract Svcs-Garden Romm Garden Room Repairs 201272 150 SIMACEK,JOHN R Special Event Fees Classes/Programs/Events 201442 150 MTOA Tuition Reimbursement/School Police 201522 150 WILS Dues&Subscriptions Organizational Services 201369 146 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 201149 144 AMERIPRIDE LINEN&APPAREL SER Repair&Maint. Supplies Prairie View Liquor Store 201438 142 MORGAN CREEK VINEYARDS Wine Domestic Den Road Liquor Store 201256 141 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 201210 140 KAISER,DAVID S Equipment Repair&Maint Fitness Center 201481 140 UNIVERSITY OF MINNESOTA Conference Expense Street Maintenance 201333 139 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#3 201343 138 ANDREWS,TERRY S Other Contracted Services Softball 201400 138 HOLMES,TOM Other Contracted Services Softball 201419 138 LOCATORS&SUPPLIES INC Operating Supplies Traffic Signals 201420 137 M.AMUNDSON LLP Operating Supplies Prairie Village Liquor Store 201334 136 ABLE HOSE&RUBBER INC Repair&Maint. Supplies Utility Operations-General 201313 133 FEDEX Postage Human Resources Check# Amount Vendor/Explanation Account Description Business Unit Explanation 201311 127 DIRECTV Cable TV Community Center Admin 201344 127 AQUA ENGINEERING INC Repair&Maint. Supplies Park Maintenance 201500 126 WORCESTER,CHARLES E Building Permits General Fund 201143 120 ABLE HOSE&RUBBER INC Equipment Parts Water Treatment Plant 201306 118 BEAL,KATIE Travel Expense Communications 201319 118 LINMAN-STUNES,SAMANTHA Mileage&Parking Tree Disease 201194 116 GS DIRECT Operating Supplies Engineering 201153 112 BATTERIES PLUS Equipment Parts Fleet Operating 201245 109 PARIZEK,AMY Accounts Receivable Community Center Admin 201493 104 WALSER CHRYSLER JEEP Equipment Repair&Maint Fleet Operating 201184 103 FERRELLGAS Motor Fuels Fleet Operating 201243 102 OLSEN COMPANIES Equipment Parts Storm Drainage 201340 100 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 201232 100 MINNESOTA DEPT OF LABOR AND IN Contract Svcs-Elevator Public Works/Parks 201383 100 FCA CONSTRUCTION Cash Over/Short General Fund 201507 100 A&S TRAINING Tuition Reimbursement/School Police 201162 98 CAWLEY COMPANY,THE Operating Supplies Concessions 201198 98 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 201187 92 G&K SERVICES-MPLS INDUSTRIAL Contract Svcs-Asphalt/Concr. City Hall-CAM 201170 91 CONLEY,JOHN Employee Award Organizational Services 201160 91 CARLYLE,JANELLE Accounts Receivable Community Center Admin 201271 91 SHRED-IT Waste Disposal City Center Operations 201366 85 CONCRETE CUTTING&CORING INC Landscape Materials/Supp Street Maintenance 201236 85 MOORHEAD,MAUREEN Program Fee Summer Skill Development 201385 85 G&K SERVICES-MPLS INDUSTRIAL Contract Svcs-General Bldg City Hall-CAM 201504 85 Z WINES USA LLC Transportation Den Road Liquor Store 201479 83 UNIFORMS UNLIMITED Clothing&Uniforms Police 201347 83 BEARING INDUSTRIAL&SUPPLIES Equipment Parts Water Treatment Plant 201264 81 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 201165 80 CERIDIAN Ceridian IT Operating 201277 80 SWEET OCCASIONS FOR YOU Other Rentals Staring Lake Concert 201166 75 CHARLES,JACKI Accounts Receivable Community Center Admin 201287 75 VTI Small Tools Water Treatment Plant 201282 72 UNIFORMS UNLIMITED Clothing&Uniforms Police 201315 72 HD SUPPLY FACILITIES MAINTENAN Supplies-Plumbing City Hall-CAM 201360 66 CENTERPOINT ENERGY Gas Prairie View Liquor Store 201477 66 TWIN CITY ACOUSTICS INC Building Repair&Maint. Utility Operations-General 201483 65 UPS Equipment Repair&Maint Public Safety Communications 201322 65 NUCO2 INC Supplies-Pool Pool Maintenance 201384 64 FSH COMMUNICATIONS LLC Telephone Round Lake 201159 63 CARDIAC SCIENCE CORPORATION Safety Supplies Fire 201163 62 CDW GOVERNMENT INC. Other Hardware IT Operating 201253 61 PREMIUM WATERS INC Operating Supplies Fire 201178 61 ENGELMAN,VIRGINIA Special Event Fees Trips 201233 61 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 201235 60 MOFAS Tuition Reimbursement/School Police 201168 58 CLAREYS INC Other Contracted Services Prairie Village Liquor Store 201482 57 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 201231 54 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 201471 54 TEMP,JEFFERY L Other Contracted Services Volleyball 201418 52 LINDAHL,DAVID Mileage&Parking Economic Development 201486 50 VANBROCKLIN,SALLY Other Contracted Services Sunbonnet Days 201429 50 METROPOLITAN FORD Equipment Parts Fleet Operating 201415 49 KRAEMERS HARDWARE INC Contract Svcs-General Bldg Park Shelters 201218 46 LIBERTY TIRE RECYCLING-MN Equipment Parts Fleet Operating 201261 45 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 201265 45 ROSEMOUNT SAW&TOOL CO Other Contracted Services Park Maintenance 201309 45 COMCAST Dues&Subscriptions City Council 201254 41 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 3952 41 VANCO SERVICES Miscellaneous Community Center Admin 201183 40 FAGNANT,SUSAN Instructor Service Outdoor Center 201308 40 CITY OF MINNEAPOLIS BUS PARKIN Special Event Fees Trips 201317 40 HICKMAN,JON Instructor Service Outdoor Center 201403 40 IND SCHOOL DIST 272 Gym Rental Volleyball 201227 39 METROPOLITAN FORD Equipment Parts Fleet Operating 201518 36 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 201436 34 MINNESOTA WANNER COMPANY Operating Supplies Street Maintenance 201437 33 MN MAINTENANCE EQUIPMENT INC Operating Supplies Park Maintenance 201465 32 SHRED-IT Other Contracted Services Community Center Admin 201424 31 MENARDS Small Tools Fire 201474 30 TIME Dues&Subscriptions Fitness Center 201145 29 ACHARYA,JYOTHI Accounts Receivable Community Center Admin 201169 27 COMCAST Operating Supplies Fire 201443 27 MUSIC THEATRE INTERNATIONAL Operating Supplies Summer Theatre 201216 25 KYLIE,STACEY Coupons Arts Center 201228 25 MGIA Tuition Reimbursement/School Police 201480 25 UNIVERSITY OF MINNESOTA Other Contracted Services Animal Control 201214 23 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 201151 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance 201202 22 JACO,LLC Misc Taxable Den Road Liquor Store 201263 20 RICHFIELD,CITY OF Autos Police 201421 20 MACQUEEN EQUIPMENT INC Licenses&Taxes Sewer System Maintenance 201290 20 WAYTEK INC Operating Supplies Park Maintenance 201239 17 MULCRONE,BRIDGETTE Accounts Receivable Community Center Admin 201144 10 ABM EQUIPMENT AND SUPPLY COMPA Equipment Parts Fleet Operating 201283 6 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 201521 2 UPS Postage Utility Operations-General 2,065,774 Grand Total City of Eden Prairie Purchasing Card Payment Report 8/20/2010 Payment Amount Explanation Vendor Account Description Business Unit 29 US-Paint&Gopher Poison HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 825 US-Jack Hammer CROWDER SUPPLY CO,INC Small Tools Sewer System Maintenance 51 US-Oil for Chain Saws A TO Z RENTAL CENTER Operating Supplies Park Maintenance 129 US-Weed Wips PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 11 US-Weed Wip Supplies PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 4 US-Weed Wip Fuel PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 403 US-400#1 City-Buttons AFFORDABLE BUTTONS Printing Communications 269 US-300#1 City-Balloons BALLOONS TOMORROW Printing Communications 74 US-Cake Cutter&Spatula PARTY CITY Miscellaneous Communications 176 US-100#1 City-Balloons BALLOONS TOMORROW Printing Communications -72 US-Credit AFFORDABLE BUTTONS Printing Communications 1,436 US-5,000#1 City-Buttons AFFORDABLE BUTTONS Printing Communications 1 US-Movie for Seniors REDBOX DVD Operating Supplies Classes/Programs/Events 149 US-Building Aid Training CRUMB GOURMET DELI Miscellaneous Senior Center Administration 19 US-Building Aid Training DAIRY QUEEN Miscellaneous Senior Center Administration 26 US-Office Supplies OFFICE DEPOT CREDIT PLAN Office Supplies Senior Center Administration 67 US-Lunch N Learn RAINBOW FOODS INC. Operating Supplies Classes/Programs/Events 21 US-Sr Olive Garden Lunch RAINBOW FOODS INC. Special Event Fees Classes/Programs/Events 32 US-Arboretum Trip Food ARAMARK U OF M LANDSCAPE Operating Supplies Red Hat 1 US-Movie for Seniors REDBOX DVD Operating Supplies Classes/Programs/Events 1 US-Movie for Seniors REDBOX DVD Operating Supplies Classes/Programs/Events 555 US-Twins Tickets-Seniors MINNESOTA TWINS Special Event Fees Trips 209 US-Tents SPORTS AUTHORITY Capital Under$10,000 Senior Board 37 US-Special Event Supplies DOLLAR TREE STORES,INC. Special Event Fees Senior Board 37 US-Ballfield Benches SHERWIN WILLIAMS CO Building Materials Park Maintenance 8 US-Bug Spray WALMART COMMUNITY Repair&Maint. Supplies Sewer System Maintenance 58 US-Forklift Propane FERRELLGAS Repair&Maint.Supplies Utility Operations-General 26 US-Wasp Killer HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Sewer System Maintenance 21 US-Gopher Bait for Parks HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 18 US-Soccer Goal Clamps HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 44 US-Batteries HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Sewer System Maintenance 57 US-Well Plug Breakers HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Franlo Park 18 US-Memorial BenchPlacard MINNESOTA TROPHIES&GIFTS Operating Supplies Park Maintenance 17 US-Bolts-Pk Boundary Sign HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 77 US-FF'sReview Panel Food MILIO'S SANDWICHES Operating Supplies Fire 50 US-Brackets for Deck HOME DEPOT CREDIT SERVICES Building Materials Outdoor Center 840 US-License Renewal ACCESSDATA CORP Miscellaneous IT Operating 31 US-Investigation Supplies AMAZON.COM Miscellaneous IT Operating 28 US-Irrigation Supplies HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Park Maintenance 65 US-PurgatoryPool Fountain TARGET Operating Supplies Purgatory Creek Park 114 US-Shop Supplies HOME DEPOT CREDIT SERVICES Small Tools Park Maintenance 117 US-Electrical IrrigationTools HOME DEPOT CREDIT SERVICES Small Tools Park Maintenance 262 US-Electrical Tools SEARS EDEN PRAIRIE Small Tools Park Maintenance 96 US-Electrical IrrigationTools MENARDS Repair&Maint. Supplies Park Maintenance 105 US-Irrigation Tools HOME DEPOT CREDIT SERVICES Small Tools Park Maintenance Amount Explanation Vendor Account Description Business Unit 39 US-Irrigation Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance 2 US-Irrigation Supplies SUPERAMERICA Repair&Maint. Supplies Park Maintenance 62 US-Repair Kit-Water Fount. KULLY SUPPLY,INC Equipment Parts Utility Operations-General 57 US-Players'Bench Boards HOME DEPOT CREDIT SERVICES Building Materials Round Lake 17 US-Effective Mgmt Program LORD FLETCHERS Conference Expense Community Development Admin. 100 US-Police Car Equipment BROTHER MOBILE SOLUTIONS Equipment Parts Fleet Operating 140 US-Screws and Shop Grille HOME DEPOT CREDIT SERVICES Building Materials Outdoor Center 29 US-Sr Center Grille Brushes HOME DEPOT CREDIT SERVICES Building Materials Outdoor Center 374 US-#1 City CelebrationCake CUB FOODS EDEN PRAIRIE Miscellaneous Communications 1,688 US-#1 City Poster Frames MARKETING DISPLAYS INTERNATION Miscellaneous Communications 342 US-IABC 8/1/10-12/31/10 IABC Prepaid Expenses General Fund 3,149 US-June'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 917 US-June'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 188 US-June'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -85 US-June'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Other Revenue General Fund 40 US-UB Online Processing PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-UB-Recur.Credit Cards PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-E-permit Web Security PAYPAL INC Equipment Repair&Maint IT Operating 450 US-Confer-Kotchevar/Wilson MINNESOTA GFOA Conference Expense Finance 40 US-Confer.Registration Fee MINNESOTA GFOA Conference Expense Finance 23 US-Café Food ELECTRIC PUMP Merchandise for Resale Concessions 12 US-Café Food BRUEGGERS BAGEL Merchandise for Resale Concessions 3 US-Café Food HOLIDAY STATION STORES INC Merchandise for Resale Concessions 2 US-Café Food HOLIDAY STATION STORES INC Merchandise for Resale Concessions 14 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 62 US-Café Food ELECTRIC PUMP Merchandise for Resale Concessions 208 US-Café Utensils ENTERTAINING AT HOME Operating Supplies Concessions 72 US-Café Food ELECTRIC PUMP Merchandise for Resale Concessions 60 US-Café Food ELECTRIC PUMP Merchandise for Resale Concessions 21 US-Batteries for Locators HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Water System Maintenance 24 US-Batteries for Locators HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 10 US-Service to Deliver Video YOUSENDIT.COM Other Contracted Services Communications 104 US-#1 City Balloons PARTY CITY Miscellaneous Communications 10 US-#1 City Balloons PARTY CITY Miscellaneous Communications 43 US-10 Money Magazines BARNES&NOBLE Miscellaneous Communications 63 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 53 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 53 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 3 US-Reimb.for Personal Use US BANK Deposits Escrow 100 US-Chinese Deleg.Meeting EDEN PRAIRIE COMMUNITY CENTER Miscellaneous Administration 264 US-Council Workshop JASON'S DELI Miscellaneous General Fund 8 US-Blog TIGER TECHNOLOGIES Software IT Operating 53 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 66 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 52 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 44 US-July 4th Staff Meeting RAINBOW FOODS INC. Miscellaneous Recreation Administration 107 US-PNRK&NR Comm Tour CRUMB GOURMET DELI Miscellaneous Parks Administration 51 US-League Sched.Training CRUMB GOURMET DELI Miscellaneous Recreation Administration 58 US-League Sched.Training CRUMB GOURMET DELI Miscellaneous Recreation Administration Amount Explanation Vendor Account Description Business Unit 93 US-Live Well Baskets TARGET Operating Supplies Recreation Administration 31 US-Dinner-Wtr Main Break QUIZNO'S Repair&Maint. Supplies Water System Maintenance 32 US-Brass Valve Plugs HOME DEPOT CREDIT SERVICES Equipment Parts Water System Maintenance 4 US-Cups for C-B Trailer RAINBOW FOODS INC. Repair&Maint. Supplies Storm Drainage 12 US-Bolts HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage 592 US-Glue for Ring Repairs MENARDS Repair&Maint. Supplies Infiltration/Inflow Study 99 US-C-B Supplies/Tools HOME DEPOT CREDIT SERVICES Small Tools Storm Drainage 535 US-Operating Supplies GEMPLERS Operating Supplies Water Treatment Plant 45 US-Boiler License Renewal DEPARTMENT OF LABOR AND INDUST Licenses,Permits,Taxes Water Treatment Plant 66 US-Purgatory Maintenance HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Purgatory Creek Park 165 US-Trailer Gate Assist TRAILER PARTS SUPERSTORE Equipment Repair&Maint Park Maintenance 22 US-Chain Saw Blade A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance 16 US-Camp Certificate Paper OFFICEMAX CREDIT PLAN Operating Supplies Safety Camp 732 US-Chaplain Lunch BUCA Miscellaneous Reserves 21 US-Truck 163 Supplies NORTHERN TOOL&EQUIPMENT Operating Supplies Street Maintenance 31 US-Lift Stations'Pump Oil RAINBOW FOODS INC. Repair&Maint. Supplies Sewer Liftstation 9 US-Wire for Jewelry Party MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 54 US-Wires for Sound System PAYPAL INC Operating Supplies Staring Lake Concert 7 US-Storage Containers TARGET Operating Supplies Arts Center 24 US-Bead Camp Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Arts Center 82 US-Intemat.Festival Sign SIGN A RAMA Printing International Festival 17 US-Bead Camp Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Arts Center 17 US-Bead Camp Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Arts Center 28 US-Art Ctr Activity Books AMAZON.COM Operating Supplies Arts Center 80 US-Camp/Class Supplies TRIARCO Operating Supplies Arts Center 20 US-Cable-Sound System PAYPAL INC Operating Supplies Staring Lake Concert 35 US-Ink for Art Center OFFICEMAX CREDIT PLAN Operating Supplies Arts Center 896 US-2 Display Racks DISPLAYS2GO Capital Under$10,000 Community Center Admin 82 US-Party Supplies WALMART COMMUNITY Operating Supplies Birthday Parties 69 US-Plants for Outdoor Pots BACHMANS CREDIT DEPT Operating Supplies Community Center Admin 75 US-July 4th Balloons PARTY CITY Operating Supplies Special Events(CC) 121 US-Day Care Supplies SMILE MAKERS Operating Supplies Day Care 26 US-Day Care Supplies SMILE MAKERS Operating Supplies Day Care 150 US-B-day Party Supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Birthday Parties 20 US-Party Supplies WALMART COMMUNITY Operating Supplies Day Care 40 US-Cleaning Supplies WALMART COMMUNITY Operating Supplies Birthday Parties 106 US-Paper Holders OFFICE DEPOT CREDIT PLAN Office Supplies Community Center Admin 84 US-Office Supplies OFFICE DEPOT CREDIT PLAN Office Supplies Community Center Admin 23 US-Play Care Supplies TARGET Operating Supplies Day Care 50 US-Play Care Supplies TARGET Operating Supplies Day Care 44 US-Office Supplies TARGET Office Supplies Community Center Admin 21 US-Fence Post STERLING FENCE INC Operating Supplies Street Maintenance 87 US-Air Filter Kit WACONIA FARM SUPPLY Operating Supplies Park Maintenance 13 US-Outdoor Ctr Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 545 US-Outdoor Center Trip HISTORIC CALUMET INN Program Trips Outdoor Center 14 US-Critter Food PETCO Operating Supplies Outdoor Center 88 US-BWCA Permits RECREATION.GOV Program Trips Outdoor Center 25 US-Critter Food PETCO Operating Supplies Outdoor Center 95 US-Critter Food PETCO Operating Supplies Outdoor Center Amount Explanation Vendor Account Description Business Unit 21 US-Trash Picker HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 10 US-Bee Spray HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 4 US-Duct Tape HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 99 US-Paint for Tennis Boards HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 188 US-Plywood for Bangboards HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 58 US-Tennis Boards'Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 30 US-Bulb Shield-Liquor Store CARTIER LIGHTING Repair&Maint.Supplies Den Bldg.-CAM 18 US-Playground Supplies WALMART COMMUNITY Operating Supplies Playgrounds 104 US-Tennis Equipment WILSON SPORTING GOODS Recreation Supplies Tennis 19 US-Team Tennis Uniform USTA Operating Supplies Tennis 15 US-USTA Membership USTA Operating Supplies Tennis 55 US-Safety Camp Food SUBWAY Operating Supplies Safety Camp 164 US-Safety Camp Food MCDONALDS Operating Supplies Safety Camp 562 US-Safety Camp Food DAVANNI'S PIZZA Operating Supplies Safety Camp 100 US-Certificate Paper PAPER DIRECT INC Operating Supplies Tennis 118 US-Fun Friday-Leaders EDINA AQUATIC CENTER Special Event Fees Teen Work Program 19 US-Team Tennis Uniform USTA Operating Supplies Tennis 15 US-USTA Membership USTA Operating Supplies Tennis 155 US-SummerStaff Party Supp TARGET Operating Supplies Youth Programs Administration 58 US-Bug Traps MERLINS ACE HARDWARE Operating Supplies Playgrounds 25 US-Staff Party Gift Cards SUBWAY Operating Supplies Playgrounds 204 US-Staff Party Food PAPA JOHN'S PIZZA Operating Supplies Playgrounds 53 US-Staff Meeting Treats NORTH CENTRAL LABORATORIES Operating Supplies Playgrounds 27 US-Playground Supplies TARGET Operating Supplies Playgrounds 29 US-Day Camp Supplies BAKER POOLS Operating Supplies Day Camp 13 US-Archery Balloons PARTY CITY Operating Supplies Summer Skill Development 169 US-Day Camp Supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Day Camp 169 US-Craft Supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Playgrounds 86 US-Archery Targets SPORTS SUPPLY GROUP INC. Operating Supplies Summer Skill Development 34 US-Water/gatorade-Staff WALGREEN'S#5080 Operating Supplies Playgrounds 22 US-Playground Supplies WALMART COMMUNITY Operating Supplies Playgrounds 350 US-Fun Friday-Leaders MINNESOTA TWINS Special Event Fees Teen Work Program 60 US-Fun Friday Supplies BRUNSWICK BOWLING LANES Special Event Fees Teen Work Program 40 US-Day Camp Supplies JORDAN ACE HARDWARE Operating Supplies Day Camp 35 US-Day Camp Supplies WALMART COMMUNITY Operating Supplies Day Camp 25 US-Playground Supplies PARTY CITY Operating Supplies Playgrounds 13 US-Playground Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Playgrounds 1 US-Part for Truck#163 MENARDS Equipment Parts Fleet Operating 53 US-Sat.Night Out Supplies JIMMY JOHNS Operating Supplies Teen Programs 9 US-Sat.Night Out Snacks TARGET Operating Supplies Teen Programs 27 US-Playground Camp Supp WALMART COMMUNITY Operating Supplies Playgrounds 8 US-Summer Staff Meeting RAINBOW FOODS INC. Operating Supplies Therapeutic Rec Administration 15 US-Office Supplies TARGET Operating Supplies Therapeutic Rec Administration 41 US-IN/Out Camp Supplies TARGET Operating Supplies CC-Adaptive 21 US-Staff Training Book CENTER FOR THE CHALLENGING CHI Recreation Supplies Accessibility 40 US-Pool Lesson Toys WALMART COMMUNITY Operating Supplies Oak Point Lessons 94 US-Equipment for Lessons KIEFER SPORTS GROUP Operating Supplies Oak Point Lessons 56 US-Safety Camp Supplies WALMART COMMUNITY Operating Supplies Riley Lake Beach 264 US-Swim Lesson Suckers CANDYFAVORITES.COM Operating Supplies Oak Point Lessons Amount Explanation Vendor Account Description Business Unit 50 US-New Seat for Trac Bike STAR TRAC Repair&Maint.Supplies Fitness Center 50 US-Lifeguard Olympics Fee AMERICAN RED CROSS TWIN CITIES Training Supplies Pool Lessons 112 US-Group Fitness Music YES FITNESS MUSIC Operating Supplies Fitness Classes 250 US-Montly Fee-Body Pump SCW FITNESS Licenses,Permits,Taxes Fitness Classes 150 US-Training Class ATOM Tuition Reimbursement/School Police 167 US-Amino for Training GANDER MOUNTAIN Training Supplies Police 58 US-Equipment Repair EOTECH Equipment Repair&Maint Police 125 US-Training-Jess Irmiter ATOM Tuition Reimbursement/School Police 131 US-Training-Ryan Gulden INTERNATIONAL ASSOCIATION IDEN Tuition Reimbursement/School Police 350 US-Training-Chris Wood IACA Tuition Reimbursement/School Police 179 US-Training-Bill Wyffels FRED PRYOR SEMINARS Tuition Reimbursement/School Police 50 US-Training PAYPAL INC Tuition Reimbursement/School Police 50 US-Training PAYPAL INC Tuition Reimbursement/School Police 82 US-Filter for Police AMAZON.COM Computers IT Operating 25 US-IT Staff Training PAYPAL INC Conference Expense IT Operating 70 US-Police Extension Cables AMAZON.COM Computers IT Operating 95 US-Police Extension Cables AMAZON.COM Computers IT Operating 69 US-Webex for Confer.Calls WEBEX COMMUNICATIONS Computers IT Operating 260 US-ProjectorBulb-Fire Dept PROJECTORQUEST Computers IT Operating 278 US-Dispatch Monitor Repair AMAZON.COM Computers IT Operating 12 US-Dispatch Monitor Repair AMAZON.COM Computers IT Operating 86 US-Dispatch Monitor Repair AMAZON.COM Computers IT Operating 27,850 Report Total CITY COUNCIL AGENDA DATE: September 21, 2010 SECTION: Ordinances &Resolutions ITEM DESCRIPTION: First Reading of DEPARTMENT/DIVISION: Ordinance Amending Section. 2.05 of the ITEM NO.: XI.A. City Manager City Code Relating to Salaries of Mayor and Council Members Requested Action Move to: Approve first reading of the Ordinance Amending Section 2.05 of the City Code relating to Salaries of Mayor and Council Members. Synopsis This Ordinance Amendments deletes the meeting pay provision set forth in Section 2.05, Subd 3 A and B. Background Information At the workshop on September 7,the Council discussed an amendment of Section 2.05 of the City Code that would remove the provision for compensation for attending special meetings of the Council and other meetings involving city business. This Ordinance Amendments deletes the meeting pay provision. Attachment Attachment—Ordinance Amendment SECTION 2.05. SALARIES OF MAYOR AND COUNCIL MEMBERS. Subd. 1. The monthly salary of the Mayor shall be$600.00 until December 31,2004 and shall be$825.00 thereafter. Source: Ordinance No.20-2004 Effective Date: 7-29-2004 Subd. 2. The monthly salary of each Council Member shall be$500.00 until December 31,2004 and shall be$625.00 thereafter. Source: Ordinance No.20-2004 Effective Date: 7-29-2004 (Prey.Ordinance No.41-92 Effective Date: 10-30-92) Subd. 3. In addition to the above, • • • amounts for attending special meetings of the Council and other meetings involving City business:$25.00 maximum amount of$50.00 for any single day.Such activities for which the Mayor and Council Members may qualify to be paid are limited to service as a representative of the City: 1.At meetings of boards,committees,commissions,or other entities of the City,or of which the City is a member,. (Formatted:Bullets and Numbering and which do not compensate attendees; 2.For appearances related to litigation; 3.For appearances to testify at the proceedings of other units of government; dam..... ..F�......,t .ol.1:.-o..tl...-ol.,to.l♦..!`:t.,1.,...:.,o..... 5.For Council assignments to participate in scheduled meetings in support of City business. Each such person shall also be reimbursed for reasonable expenses incurred while attending-to business of the City. Source: Ordinance No.20 200'1 Effective Date: 7 29 200'1 B. After December 31,200'l,the Mayor and each Council Member shall be paid$35.00 a day for attending special meetings of the Council and other meetings involving City business regardless of the length or number of meetings attended that day. Such activities for which the Mayor or Council Members may qualify to be paid arc limited to service as a representative of the City: 1.At meetings of boards,committees,commissions,or other entities of the City,or of which the City is a member,. —I Formatted:Bullets and Numbering and which do not compensate attendees; 2.For appearances related to litigation; 3.For appearances to testify at the proceedings of other units of government; 'I.For out of town travel directly related to City business; 5.For Council assignments to participate in scheduled meetings in support of City business. Each such person shall also be reimbursed for reasonable expenses incurred while attending to business of the City. Source: Ordinance No.20 2004 Effective-Date: 7—r 9 200�n01 (Prey.Ordinance 31 2000,'12 92 I Effective Date:11 9 2000,10 30 92) I AG. The Mayor and each Councilmember may be paid$ 60.00 each month in recognition of costs incurred by them for technological communications facilities or equipment. Source: Ordinance 31-2000 Effective Date: 11-9-2000 I BD. The Mayor and each Council Member may attend and participate in the benefits(including food and refreshments)of the following activities which shall be deemed to constitute compensation for the Mayor and Council Members: an annual recognition dinner for Commission members; employee events including employee picnic,and Thanksgiving and Christmas luncheons; other Employee and Commission recognition events; public open houses; food and refreshments provided in conjunction with periodic business meetings with the City Manager; and food and refreshments provided immediately before or in conjunction with meetings of the Council. The benefits provided in this subsection shall become effective January 1,2003. Source: Ordinance 27-2002 Effective Date: 10-24-02 Subd. 4. Salary adjustments shall become effective on January 1 of the year following the next regular I election which is preceded by amendment of this Sectionubdivisien. Source: Ordinance No.50-86 Effective Date: 11-27-86 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. - 2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.05 RELATING TO SALARIES OF THE MAYOR AND COUNCIL MEMBERS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 2.05 Subd. 3 A and B are hereby deleted in their entirety. Section 2. City Code Section 2.05 Subd. 3 C and D are re-lettered as Subd. 3 A and B respectively. Section 3. City Code Section 2.05 Subd. 4 is hereby amended by deleting the word "Subdivision" and replacing it with the word"Section". Section 4. City Code Chapter 1 entitled General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation and Section 2.99 entitled Violation a Misdemeanor are hereby adopted in their entirety,by reference, as though repeated verbatim herein. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of September, 2010 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of October, 2010. Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on , 2010. CITY COUNCIL AGENDA DATE: SECTION: Reports of the City Manager September 21, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Scott H. Neal, City Manager City Manager Search Process Requested Action Synopsis At its September 5, 2010, meeting, the Council asked staff to prepare and distribute a Request for Proposals (RFP)to consultants who provide executive search services for city managers. Further, the Council asked that proposals received in response to the RFP be shared with the Council at the September 21 Council meeting. Human Resources Manager Karen Kurt and I prepared and distributed the RFP on Friday, September 10. We asked interested consultants to submit their proposals to us on or before Friday, September 17. The Council packet had to go to press before the proposals were received. I will distribute the proposals to the Council on Monday, September 20. I recommend the Council review the proposals and consider interviewing one or more of the consultants. As a suggestion, the Council could conduct short informational interviews on Tuesday, October 5, in lieu of the Council Workshop.