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City Council - 04/26/2005
AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY, APRIL 26,2005 CITY CENTER 5:00 — 6:25 PM, HERITAGE ROOM H 6:30 — 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, Communications Manager Pat Brink, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene Mc Waters Heritage Room II I. COMMUNITY THEATER INITIATIVE Council Chamber II. OPEN FORUM IH. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 26,2005 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Roger Pauly and Council Recorder Deb Sweeney I. ROLL CALL / CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE HI. COUNCIL FORUM INVITATION IV. SENIOR AWARENESS PROCLAMATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, APRIL 12, 2005 B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 12, 2005 VII. CONSENT CALENDAR A. ADOPT RESOLUTION APPROVING FINAL PLAT OF EDEN BLUFF B. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR TH 212 / CHARLSON ROAD INTERSECTION IMPROVEMENT PROJECT, I.C. 05-5638 C. ADOPT RESOLUTION PETITIONING RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT TO FUND THE RILEY CREEK WATER MANAGEMENT PROJECT, I.C. 03-5589 D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO TO BEING PRELIMINARY INVESTIGATION OF THE SUPER VALU AND WASHINGTON AVENUE LIFT STATIONS CITY COUNCIL AGENDA April 26, 2005 Page 2 E. AWARD CONTRACT FOR 2005 BITUMINOUS CRACK-SEALING TO PRECISION SEALCOATING, INC. F. APPROVE ADVERTISEMENT FOR BIDS FOR RE-CARPETING OF CITY CENTER G. ADOPT RESOLUTION FOR REIMBURSEMENT FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF SUBSEQUENTLY ISSUED BONDS H. ADOPT RESOLUTION SUPPORTING APPLICATION FOR A TRANSIT- ORIENTED DEVELOPMENT GRANT PROGRAM THROUGH HENNEPIN COUNTY I. AWARD CONTRACT FOR CREEK STABILIZATION PROJECT FOR PRAIRIE PINES DEVELOPMENT, I.C. 05-5640 J. APPROVE FIRST AMENDMENT TO JOINT POWERS AGREEMENT WITH SCHOOL DISTRICT 272 VIII. PUBLIC HEARINGS / MEETINGS A. VACATION OF PLATTED EASEMENTS IN LIFETOUCH ADDITION, VACATION 05-01 (Resolution) B. SITE ALTERATION PERMITS #2005-01-0001 J.R. CUMMINS HOUSE, 13600 PIONEER TRAIL C. SITE ALTERATION PERMITS #2005-02-0004 RILEY JACQUES HOUSE, 9100 RILEY LAKE ROAD IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS Mn. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCHMEMBERS B. REPORT OF CITY MANAGER CITY COUNCIL AGENDA April 26, 2005 Page 3 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. MCA Study Open House D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Updated Parks Capital Improvements Plan E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS A. CLOSED SESSION 1. City Manager's Performance Review XVI. ADJOURNMENT ITEM IV. PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the increasing number of senior citizens in Eden Prairie bring many opportunities and challenges for all components of our City - - families, businesses, and government; and WHEREAS, every segment of our society is influenced by the needs, resources and expertise of our senior citizens; and awareness improves participation and action; and WHEREAS, our Eden Prairie seniors play a pivotal role in formal and informal education, sharing years of accumulated experience and wisdom which will impact our future; and WHEREAS, the community wishes to celebrate and acknowledge the contributions and accomplishments of the seniors in our community and recognize the organizations that serve older adults; and WHEREAS, the theme "Strides for a Better Tomorrow," establishes that seniors are an integral part of our community, NOW, THEREFORE, I, Nancy Tyra-Lukens, Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim May 2005 to be SENIOR AWARENESS MONTH In the City of Eden Prairie, Minnesota ADOPTED by the Eden Prairie City Council on this 26th day of April 2005. IN WITNESS WHEREOF, I have affixed the seal of the City of Eden Prairie. Nancy Tyra-Lukens, Mayor on behalf of Council Members: Brad Aho Sherry Butcher Ron Case Philip Young ITEM VI.A. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY, APRIL 12,2005 EDEN PRAIRIE LIBRARY 5:30 — 7:00 PM CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, Communications Manager Pat Brink, Assistant to the City Manager Michael Barone, City Attorney Roger Pauly, and Recorder Lorene McWaters I. JOINT MEETING WITH HENNEPIN COUNTY COMMISSIONERS RANDY JOHNSON AND LINDA KOBLICK Mayor Tyra -Lukens called the meeting to order at 5:35 p.m. Eden Prairie Library and Eden Prairie Service Center City Manager Scott Neal introduced Commissioners Koblick and Johnson and asked them to comment on the new library and service center. Commissioner Johnson said the library has met or exceeded all expectations. Checkouts have increased 60 percent over a year ago and more than 71,000 questions were answered by library staff last month alone. Johnson noted that the new Eden Prairie Library is midsized and of a different type than the County's two traditional libraries — the large "regional" Ridgedale and Southdale libraries and the smaller community libraries. The library was designed to meet three major goals: 1) early literacy, 2) school success, 3) and lifetime learning. Library initiatives that are helping to fulfill these goals include wireless internet access, homework support, the Eden Prairie Reads partnership, and a variety of internet classes. Johnson said the new Service Center in the old Eden Prairie Library is also exceeding expectations. The Service Center offers an array of licensing services and houses the University's Extension Service and Master Garden Program. Johnson said the County is open to exploring the possibility of hosting city permitting functions at the Service Center. Commissioner Koblick distributed a number of handouts including several "public affairs" fact sheets on human services, demographics, county board actions, and Council Workshop Minutes April 12, 2005 Page 2 ambulance response times. Kob lick noted that for the first time, county probation staff is being moved into the community, in new offices off of Bren Road in Minnetonka. She said this is one example of the County's commitment to finding creative and cost effective ways to meet community needs. Koblick said one of her main focuses has been in promoting partnerships with cities, schools, and the University of Minnesota. Hennepin County Smoking Ban Mayor Tyra-Lukens asked what kind of feedback the Commissioners are receiving about the new County smoking ban. Koblick said she has received only a few complaints, which she believes this is due to the thorough process the Commissioners followed leading up to the legislation. Koblick noted that she saw overwhelming support for the ban from the cities she represents. Tyra-Lukens asked if the Commissioners think the County will stand firm on the ban even if the State does not pass a ban. Johnson said the County will stand by the ban. He said only two violation complaints have been received, both for the same establishment. He said it is clear that some businesses located on the County border are experiencing hardships, at least initially. For example, the county line runs through Rockford, resulting in one of four of Rockford's bars not being able to permit smoking. Johnson said he believes competitive pressure will eventually prompt adoption of a statewide smoking ban. Councilmember Case commended the Commissioners for "sticking their necks out" on this issue. Transportation Mayor Tyra-Lukens asked the Commissioners to comment on the status of federal funding for LRT and the possibility of a rail line that goes at least as far as Hopkins. Koblick said she is not able to say if the County will receive any federal funding for LRT. Open Houses are scheduled in May for the five communities on the four LRT alternatives currently under consideration. Johnson said he expects to see a rail line from Minneapolis to Eden Prairie in his lifetime, with one technology or another. Hennepin County Medical Center City Manager Neal noted that Commissioner Johnson directed a lot of attention to HCMC in his State of the County address. Neal asked what direction Johnson would like to see HCMC take. Johnson said he is a passionate supporter and advocate of HCMC. He noted that HCMC is a Level 1 Trauma center that serves the region and it is a premier teaching hospital that attracts quality medical professionals to our area. Johnson believes medicine and hospitals are businesses, and he feels the hospital board should be modified to a 13 to 15 member board that includes two County Commissioners. Stadium Issues Neal asked the Commissioners to comment on stadium issues. Johnson noted that Minneapolis and Hennepin County have not shown interest in a football stadium; Council Workshop Minutes April 12, 2005 Page 3 however, four of the seven Commissioners support a State/County/Minneapolis/Twins partnership for baseball. He said there should be a major announcement concerning such a partnership within about a week. OPEN FORUM No one appeared at Open Forum. III. OPEN PODIUM No one requested to speak at Open Podium. W. ADJOURNMENT The meeting was adjourned at 6:30 p.m. ITEM VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 12,2005 7:00 PM, EDEN PRAIRIE LIBRARY 565 PRAIRIE CENTER DRIVE CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Roger Pauly and Council Recorder Deb Sweeney I. ROLL CALL / CALL THE MEETING TO ORDER Mayor Tyra -Lukens called the meeting to order at 7:02 p.m. All members were present. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS A. ARBOR DAY — MAY 7, 2005 Mayor Tyra-Lukens read the Arbor Day Proclamation. Case noted that due to Eden Prairie's past as a prairie/savanna, there are more trees in Eden Prairie now than at any time in its history. He commended tree planting efforts. B. NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK Councilmember Case read the National Public Safety Telecommunicators Proclamation. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Butcher added an update on the Community Development Block Grants to Reports of Councilmembers. Case requested an update on the airport from Neal and added his own item to discuss conducting a follow-up to the Senior Task Force under Reports of Councilmembers. MOTION: Young moved, seconded by Butcher, to approve the Agenda as published and amended. Motion carried 5-0. CITY COUNCIL MINUTES April 12, 2005 Page 2 VI. MINUTES A. JOINT CITY COUNCIL/SCHOOL BOARD MEETING HELD TUESDAY, MARCH 7, 2005 B. JOINT CITY COUNCIL/PARKS RECREATION AND NATURAL RESOURCES COMMISSION MEETING HELD TUESDAY, MARCH 7, 2005 C. COUNCIL WORKSHOP HELD TUESDAY, MARCH 15, 2005 D. CITY COUNCIL MEETING HELD TUESDAY, MARCH 15, 2005 MOTION: Aho moved, seconded by Butcher, to approve all four of the minutes listed above as published. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2005-51 APPROVING FINAL PLAT OF HERITAGE PINES C. ADOPT RESOLUTION NO. 2005-52 APPROVING FINAL PLAT OF EAGLE RIDGE AT HENNEPIN VILLAGE FIVE D. APPROVE HTPO PROFESSIONAL SERVICES AGREEMENT FOR FLYING CLOUD DRIVE OUTSIDE STORAGE PROJECT E. APPROVE TERMINATION OF TAX ABATEMENT AGREEMENT AND SUPPORTING DOCUMENTS FOR ADC F. APPROVE OLYMPIC HILLS SPECIAL ASSESSMENT AGREEMENT G. AUTHORIZE PREPARATION OF PLANS, SPECIFICATIONS AND BIDS FOR CONSTRUCTION OF FULL ACCESS TO THE PURGATORY CREEK RECREATION AREA H. APPROVE ALCOHOLIC BEVERAGE SUBCONTRACTOR FOR GARDEN ROOM I. ADOPT RESOLUTION NO. 2005-53 DECLARING PROPERTY AS "ABANDONED PROPERTY" MOTION: Aho moved, seconded by Case, to approve items A-I of the Consent Calendar. Motion carried 5-0. CITY COUNCIL MINUTES April 12, 2005 Page 3 VIII. PUBLIC HEARINGS / MEETINGS A. HENNEPIN VILLAGE GUIDE PLAN CHANGE OFFICE TO LOW AND MEDIUM DENSITY RESIDENTIAL by Dan Herbst, Hennepin Village LP. Request for Comprehensive Guide Plan Change from office to low-medium density residential on 17 acres. Planned Unit Development Concept Amendment on 17 acres. Location: North of T.H. 212, east of Spring Road. (Resolution No. 2005-54 for Guide Plan Change, Resolution No. 2005-55 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) City Manager Scott Neal stated the official notice of this City was published in the March 31, 2005, Eden Prairie Sun Current and sent to 49 property owners. Neal shared the following reasons to consider the guide plan change: • The housing is a transfer of 43 units displaced from the approved plan by either noise zones or wetlands. • The site is not in noise zone 60 or 65. • The homes would be designed to meet interior noise standards. • The housing site sits at an elevation lower than the airport, and views of the airport are limited. • Housing generates less traffic than office. • The PUD has 51 acres left for office and commercial uses which can provide employment/services in close proximity to housing. He noted the following reasons to not consider the guide plan change: • The project is inconsistent with the comprehensive plan. • The project is inconsistent with the approved PUD. • Additional housing located close to the existing airport. • Office provides a better transition between the airport and housing to the south. • The proposed housing does not meet a senior or affordable housing goal. • Loss of employment (approximately 1,000 jobs.) Neal reported the approved PUD identified an office use of the site but not a specific number. The traffic study for the PUD estimated a building square footage, based on City code requirements for this site to be 152,000 square feet. This number was used to estimate traffic generation in order to determine what road improvements would be needed. Community Development Director Janet Jeremiah added she is continuing to work with the developer and West Hennepin Affordable Housing Land Trust to try to resolve the affordable housing issue. CITY COUNCIL MINUTES April 12, 2005 Page 4 Tyra-Lukens asked Jeremiah if she had approached West Hennepin Affordable Housing Land Trust about the sustainability of affordable housing after resale. Jeremiah said this depends on the agency. The WHAHLT Project only sells to people who meet affordability criteria. If we go with another agency this may be an issue. Aho asked if Jeremiah had considered the possibility of residents complaining about airport noise later. Jeremiah stated the City is required to disclose noise zones, both as the airport stands now and after expansion. Neal added, while he couldn't promise there would be no future complaints, other housing is already located in a higher noise zone, and the topography of the site should also mitigate noise. Butcher recalled other projects, east of T.H. 212, that also had disclaimers, and Jeremiah confirmed the City is required to provide such disclaimers whether the housing is technically in a noise zone or not. Butcher stated disclaimers must be effective since there have been fewer complaints. Tyra-Lukens noted the problem is with resale. Jeremiah confirmed the disclaimer does not follow the property and is given to the first owner only. Tyra-Lukens explained the City couldn't attach the disclaimer to future sales because of County filing requirements. Young sought clarification of the status of the affordable housing, and Jeremiah stated that further information would be brought before the Council at a future meeting. Young noted while the Plan Trust provides a mechanism for an affordable component, it is harder to sustain with owner-occupied housing. Young inquired if the City has a general policy regarding houses near the airport. Jeremiah stated the City mitigates the airport noise as much as possible through the Comprehensive Plan. Two other policies are to disclose noise zones to new property owners and to require insulation to reduce interior noise. Young asked if the City had ever turned down a development based on noise. Neal said he couldn't remember any, but noted Staff work behind the scenes to discourage questionable projects before they come to a vote. Butcher added the Metropolitan Airport Council (MAC) has sometimes not approved projects even when the City Council did. Case expressed frustration at this de facto zoning. He noted the MAC could just buy the land, but they don't. There were no comments from the public. MOTION: Case moved, seconded by Young, to close the Public Hearing; and adopt the Resolution for Guide Plan Change from Office to Low-Medium Density residential; and adopt the Resolution for Planned Unit Development Concept Amendment on 17 acres; and direct staff to prepare a development agreement incorporating staff and board recommendations and council conditions. Motion carried 5-0. CITY COUNCIL MINUTES April 12, 2005 Page 5 B. COLUMBINE ROAD ADDITION by City of Eden Prairie. Request for Preliminary plat of 31.49 acres into one lot, three outlots and road right-of-way for Columbine Road. Location: Columbine Road and Prairie Center Drive. (Resolution No. 2005 -56 for Preliminary Nat) Neal stated the official notice of this City was published in the March 31, 2005, Eden Prairie Sun Current and sent to 26 property owners. Neal noted the City acquired this land parcel from the State as a Conveyance of Forfeited Lands in February of 2002. Tyra-Lukens asked for clarification on whether this is wetland now, or a wetland restoration. Dietz explained the largest parcel, a 21-acre outlot on the southwest side of Columbine Road, is currently wetland and carved off for a conservation easement. Tyra-Lukens inquired about the projected completion date for the Columbine Road project. Dietz said the end of this construction season. There were no comments from the public. MOTION: Aho moved, seconded by Butcher, to close the Public Hearing; and adopt the Resolution for a Preliminary Plat of 31.49 acres into one lot, three outlots and road right-of-way. Motion carried 5 -0. C. THE RIDGE AT RILEY CREEK by EPIC Development. Request for Planned Unit Development Concept Review on 42.22 acres. Planned Unit Development District Review with waivers on 42.22 acres. Zoning District Change from Rural to R1-13.5 on 42.22 acres. Preliminary Plat of 42.22 acres into 39 lots, two outlots and road right-of-way. Location: North and west of the Sky Lane, south and east of Riley Creek. (Resolution No. 2005-57 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change, Resolution No. 2005-58 for Preliminary Plat) Official notice of this City was published in the March 31, 2005, Eden Prairie Sun Current and sent to 223 property owners. Neal explained this project is for 39 single-family lots on 42.22 acres consistent with the Comprehensive Guide Plan for low-density residential development. Neal noted the development is consistent with the existing and proposed expanded Flying Cloud Airport. A small portion of what would be safety zone B (limited development) overlays the most easterly side of the property based on an expanded airport. All homes are located outside the safety zone. Noise zones are based on noise contours determined from forecasted aircraft operations at the CITY COUNCIL MINUTES April 12, 2005 Page 6 airport are shown as DNL 60 and DNL 65 contours. Neither of these contours overlay the property based on the existing or an expanded airport. Because of the current and future projected number of aircraft over-flights to occur in this area, the developer will need to provide a disclosure statement to all first homeowners in the development advising of the proposed airport expansion and associated over-flights. In addition, each home will need to be designed and constructed to provide for an interior noise reduction to 45 dBA, based on the Metropolitan Council's Builder Guide. Neal described this as similar to the Hennepin Village development. Jeremiah added Scott Kipp from the planning division asked her to make a correction to his statements in the Planning Commission meeting. Kipp had stated that overflights over this project would be reduced if the airport were expanded. He wished to note that, due to projected re-routing to protect sensitive wildlife areas, overflights would in fact increase if the airport expands. Case asked where the City land is located that is slated for a trail along Riley Creek. Parks & Recreation Director Bob Lambert said he would have the precise location in two weeks, after walking the site with citizens and planners. With land dedicated 100 feet back from the creek, there will be sufficient land for a trail. The developer will do the trailhead. Case asked how the City could protect the 150 -foot buffer to the creek, comparing the issue to Purgatory Creek. Lambert said there will be lot markers on the back of the lots, but also noted these tend to "disappear" after a while, as homeowners do not like them. Case asked if there would be any inexpensive way to fence off the area. Lambert said he wouldn't recommend fencing, as it would be preferable to have a natural corridor. He also suggested when the trail goes in, homeowners will want the markers to keep trail users off their property and hence be less likely to remove them. Case referenced issues with the Big Woods development, and asked if the back lot lines appeared straight for this development, or if they needed to be adjusted. Lambert said the westernmost lot had a jog that needed correction, but the rest were straight. MOTION: Butcher moved, seconded by Case, to close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Review on 42.22 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-13.5 on 42.22 acres; and adopt the Resolution for Preliminary Plat on 42.22 acres into 39 lots, two outlots and road right-of-way; and Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5 -0. CITY COUNCIL MINUTES April 12, 2005 Page 7 IX. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher, to approve Payment of Claims as submitted. The motion was approved on a roll call vote with Aho, Butcher, Case, Young, and Tyra-Lukens voting "aye." X. ORDINANCES AND RESOLUTIONS XI. PETITIONS, REQUESTS AND COMMUNICATIONS A. SPONSORSHIP PROGRAM FOR EDEN PRAIRIE COMMUNITY THEATRE Sandy Weds, Recreation Coordinator, Arts and Special Events, addressed the Council to seek approval of a sponsorship initiative. The Community Theater, which is a program of the Parks and Recreation Department, is inviting community businesses to sponsor a night at the summer musical, which will be The Pajama Game this year. The performance dates are June 17, 18, 19, 24, 25 and 26. For givers of $1,000 or more, the Community Theater would like to offer a benefit package that would include free use of the Staring Lake Park building from 4 to 10 p.m. for a pre- and post-musical get-together, reserving two row of seating — for up to 40 people at the amphitheater and reserved parking for 20 cars. Werts noted since the performances and the parking are free, it's harder to think of sponsorship benefits. Since the performances and parking are typically packed to capacity, the Community Theater thought these benefits might be attractive. Butcher approved the idea and noted it would be easy for the City to do. Aho concurred. Lambert questioned the parking. He said is would be difficult to mark and enforce, especially since the performances are so popular and people come early. He recommended the reserved spots be near the building, not near the amphitheater. Lambert also informed the Council that sections of the amphitheater that are rotting will be removed and replaced this summer by summer youth work crews. So there might be more pressure on seating this year as well. Lambert noted he had asked the Community Theater to look at ways to lower its subsidy, so he appreciated the idea. He stated, however, it's important not to create bad feeling. Tyra-Lukens asked when the amphitheater work would begin. Lambert said it would start as soon as school lets out, maybe June 15 th . They could potentially wait, but then other performances would be affected. CITY COUNCIL MINUTES April 12, 2005 Page 8 Tyra-Lukens stated the parking would be a headache to enforce, requiring vouchers or a list. If sponsors paid for parking and it was not available, that would create bad feeling. It might be less of a problem if they arrive at 4:00 p.m. to use the building anyway. Butcher commented that the parking really sweetens the deal. Weds confirmed the Community Theater would reserve the spots closest to the park building. There were no comments from the public. MOTION: Case moved, seconded by Aho, to approve the Sponsorship Benefits package established by the Eden Prairie Community Theater. Motion carried 5 - 0. XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Community Development Block Grant Federal Funding Restored- Councilmember Butcher Butcher shared a follow up on the success of advocacy during the National League of Cities meeting in Washington. She noted federal funding of Community Development Block Grants had been slated for cuts of 25 to 33 percent. These grants were instituted about 30 years ago to help cities develop in a number of positive ways, including job generation, affordable housing, and promoting economic investment. She reported, with the help of Senator Coleman, the bill was amended to keep funding at the same level and to keep the program under HUD, which was also desirable. The bill passed 66-31. This was a huge victory for Eden Prairie. The bill still has to go through conference committee and be signed by the president. Butcher stated advocates for the grant are fairly confident that will happen. Case praised the victory but also noted concerns that the victory of the Community Development Block Grants might mean unfavorable changes in Section 8 funding. He emphasized the work in Washington is not done. 2. Report on the Airport from the City Manager—Requested Update from Councilmember Case CITY COUNCIL MINUTES April 12, 2005 Page 9 Neal reported meeting with two citizens on March 11 to discuss questions of the implementation of the agreement between MAC and Eden Prairie. As a result of that meeting, Neal decided it would be beneficial to audit the entire agreement and evaluate compliance of all parties—MAC, the City, pilots, and owners. Neal said Scott Kipp would coordinate the audit with the assistance of City Attorney Ric Rosow and possibly consultant Dan Remer, whom the City has used before as a special counsel. MAC has been informed of the audit and agreed to cooperate. Case added there are three changes in the area of aviation that could affect the City. A new Federal Aviation Administration (FAA) ruling this year might weaken the City's agreement regarding pavement depth. In addition, Northwest Airlines is looking at land use at reliever airports, and Anoka is considering municipal airport ownership. 3. Proposal for Update to the Senior Task Force —Councilmember Case Case noted the findings of the Senior Task Force, conducted nine years ago, have greatly impacted the City's efforts to get senior housing. He proposed the City might want to spend two months on a quick update of the Task Force's work. Demographics and needs are continuing to change. According to demographic projections, seniors in Eden Prairie might exceed the K-12 population in the future. Case reported he has had community interest in serving on such a task force. He asked Councilmembers for their opinions. Tyra-Lukens recalled in 1995, there was very little senior housing in Eden Prairie. Today, the City has luxury senior housing that includes athletic and other amenities, reducing the need for City services somewhat. She supported taking another look at the needs of seniors. Case suggested focusing on walkability as a senior issue. He noted seniors living near the mall have complained about unfinished trails, and that pedestrian access to the mall is difficult for the young and robust, let alone seniors. Tyra-Lukens agreed since the City now has housing options for seniors, it might makes sense to focus on what the City can do to be more senior- friendly to the seniors already living here. Case explained he was thinking of updating the demographic data, asking whether seniors liked the available housing options, and asking about other needs such as the senior center. He thought doing this every ten years or so made sense. CITY COUNCIL MINUTES April 12, 2005 Page 10 Butcher noted seniors' housing needs go across a continuum of care, from cooperatives to assisted living to acute care. She stated twenty years from now, 25 percent of Minnesota's residents would be age 65 or older. It behooves us to think about the impacts on services and facilities and stay ahead of the curve. Aho asked for clarification on the deliverables of the Senior Task Force update, and what outcomes the City could expect from it. Case emphasized he envisioned this as a quick update. He envisioned the Task Force delivering a demographic update, the result of fact-finding and focus groups on present and future needs, and ideas about the evolving Senior Center. Case noted the first Senior Task Force had really focused the council nine years ago on senior housing and transportation needs. He stated, however, the Council needs to charge the Task Force very specifically or they will spend two years. Neal offered to discuss the Senior Task Force Update with Jeremiah and to come back to the Council with a timeline and charter statement. Case also requested a list of outcomes for the council to review. B. REPORT OF CITY MANAGER 1. April 26 Closed Session for Annual Performance Review Neal reminded the Council the April 26 meeting would end in closed session for his annual performance review. 2. Request to Reference Past Resolution to Add Mayors to MAC Advisory Council Neal explained a new bill is in the Senate Transportation Committee to add mayors to the MAC Advisory Council. The City Council passed a a similar bill last year, as it would allow mayors a seat at the table to understand the issues. Neal stated he did not have time to draft a new resolution, but requested permission to reference the former one on the same topic. Tyra-Lukens assented. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. MCA Open House Jeremiah announced the MCA would hold its first Open House on Wednesday, April 27, from 5:00 p.m. to 7:00 p.m. at the Eden Prairie Library. The purpose is to allow residents and business to learn about and give input on the long-distance vision (through 2030) for the area bounded CITY COUNCIL MINUTES April 12, 2005 Page 11 by the Prairie Center Drive/Valley View ring road. The goal is to balance residential and business interests. All property owners in the 1000-acre area will receive a postcard inviting them to the event. Attendees will be able talk to Staff about land use and transit issues. Jeremiah noted preliminary discussions with residents of Summit Place and The Colony have indicated way-finding and directional signage are an issue. She said there have been some blue-sky ideas and others that are implementable now. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Referendum Considerations Parks and Recreation Director Bob Lambert presented options for a parks referendum, including recommendations from the Citizen Study Committee and Staff. He noted at the joint meeting of the Parks Recreation and Natural Resources Commission and the City Council, the City Council requested additional information prior to making any decisions on a referendum. The City Council specifically wanted a list of all of the proposed projects that are being considered for at least the next five years and the estimated construction costs, as well as the estimated additional operating costs for any of those improvements. These projects fall into three categories: Community Center Improvements (including possible swimming pool improvements), Park Acquisition and Improvement, and Trail Improvements. Lambert began with Community Center Improvements. He stated for this project, the plan is to do just what the Citizen Study Committee said to do—to bond out some of the costs to reduce costs to taxpayers. He presented three schemes for doing this, each with different costs. Lambert presented scheme A as the most basic option. He altered the proposal slightly to present it without a deeper pool, at a cost of $6.6 million, which would be funded by referendum. This would cover a multi- use gym, improved and expanded locker areas, a new lobby, better access control, expanded ice rink bleacher seating with team and storage rooms underneath, a concessions area, and a greatly expanded fitness center, five to six times the size of the current facility. In addition, Scheme A would include the addition of an indoor playspace, at a cost of $540,000, to be funded by revenue bonds. Lambert noted Edina was able to pay off its revenue bonds for their playspace in just seven months, and most communities have been able to cover their costs within two years. A general benchmark for a good investment is a five year payback. Lambert said he wanted to consult other cities that have indoor CITY COUNCIL MINUTES April 12, 2005 Page 12 play areas to see what elements they need to be successful, for example, the option for parents to have their children supervised in the play area while they work out. Scheme A would also include an outdoor fun pool, to be funded by $900,000 in revenue bonds. This would be a zero-depth entry pool for pre- swimmers, reaching a maximum depth of about three feet, with lots of play opportunities such as fountains and plenty of deck space. Lambert stated this type of pool is also a revenue generator. Since adding a play pool to their outdoor pool complex, Edina has realized $200,000 per year in profit. Lambert said more study is needed to determine if a play pool would be a revenue generator outside the setting of a larger outdoor pool like Edina's. He would only recommend the play pool if it could be done with revenue bonds for construction and operation. Lambert also discussed the possibility of a third sheet of ice at the Community Center, constructed outside under a metal shed roof to reduce costs, and funded by bonds and donations from the Hockey Association at a total cost of two million. It would not have walls constructed in this phase. The rink would need to be funded by a combination of revenue bonds and funding from the Hockey Association, which has $250,000 in cash and $250,000 additional committed to the project. Lambert said a balanced agreement would have to be worked out between upfront cash from the Hockey Association, and higher ice time fees to pay off the bonds. The rink might be used as a summer skate park or covered with Astroturf for indoor soccer and lacrosse. Young asked how it was decided what would be funded through bonds versus a referendum. Lambert explained amenities that have a track record of paying for their construction and operation are appropriate for bonding. The City must demonstrate to a bond salesman that these projects are a good investment. Young asked how the bonding process fits into the entire referendum package. Lambert stated the details of the bonding would all be worked out before the referendum. Neal described bond salesmen as investment bankers looking for an investment that can generate revenue. Young then asked whether the City would have to hire an architect or make other outlays before meeting with bond salesmen. Lambert said the project could be pitched on a conceptual level with the drawings they have, plus additional information requested. Neal added the bond salesman also contributes advice to the project, which is free. Young asked for clarification of how the revenue from the bonded amenities would be determined. Lambert responded the City would need CITY COUNCIL MINUTES April 12, 2005 Page 13 to figure out how to allocate revenues, through daily use fees for different amenities or different membership packages. Aho questioned the $2 million cost for the rink and wondered if it were really that high. Lambert confirmed this was a good number. Aho then asked about the deepening of the pool. Lambert used this question to transition into a discussion of expanded pool options at the Community Center, laid out in Schemes B and C. Lambert stated the original Scheme A for the Community Center had contained an additional $300,000 to deepen the existing pool. With highly competitive teams and about 250-300 swimmers, Eden Prairie has a strong competitive swimming community. As the plan progressed, however, it became apparent that deepening the pool was not without its drawbacks. While a deeper pool would be better for competitive swimming, it would be worse for recreational swimming, swimming lessons, and water aerobics. Lambert noted the Community Center receipts for swimming lessons are already down from $80,000 at its opening to $50,000 today, mainly due to private competition which offers a warm water pool, appealing to the lucrative preschool swimming market. A deeper pool would reduce those receipts still more. Lambert recommended the existing pool should only be deepened if the City has another recreational pool that is shallow and warm. Aho asked if a deepened pool might generate more revenues from competitive swimmers. Lambert said no, since the pool is already used to its full capacity. Case inquired whether Oak Point might be usable as the recreational, warm water pool option. With declining enrollments, he wondered if the school district might not need that building in the future. Lambert questioned whether it made sense to take a recreational pool out of the Community Center. Case asked if competitive swimming could take over Oak Point instead. Lambert noted Oak Point is not next to the high school. He stated the pool question is the most difficult aspect of the Community Center expansion, because citizens really are all over the map in terms of what they want and what they will pay for. Lambert said all sides agree, however, one pool cannot be great for both competition and recreation. That is the central fact that led to the development of Schemes B and C. Lambert described Scheme B as including all the amenities of Scheme A, plus a warm water, zero-depth-entry recreational pool with two waterslides, at an additional cost of 3.5 million to be funded by referendum (which Lambert said works out to $10 per year per voter). The pool would be enclosed with two stories of glass. Open swim and swimming lessons CITY COUNCIL MINUTES April 12, 2005 Page 14 could be held there. Lambert stated this addition would probably increase the success of the outdoor fun pool. He added, however, such a pool is guaranteed to lose money. Other communities have found indoor pools do not make enough money during the busy summer season to make up for lighter use during the school year. Year-round operating costs without sufficient year-round revenues make it unlikely that an indoor recreational pool could pay its own way. Case asked if Scheme B would require re-rerouting Valley View Road, as in the original referendum. Lambert said no, the expansion goes east not south toward the road, although when Valley View is expanded he would still recommend realignment to the south. Lambert then described the final pool option, Scheme C, which would require an additional $5 million referendum. Lambert described this option as building the Scheme B recreational pool, plus expanding the existing six-lane pool to 50 meters of very deep water with a bulkhead to accommodate 25-yard events and to provide a potential fourteen lanes to rent. An expanded diving well would also be included to make the pool suitable for high school swim meets. Lambert noted facilities for competitive swimmers are substandard compared to Eden Prairie's other athletic facilities, and so perhaps deserving of improvement, but said it's a question of affordability. Lambert noted expansions of parking around the community center could be funded out of park dedication fees. Only softball field #5 would be changed to provide additional parking. The rest of the fields would not move. Aho commented $5 million for the pool area seemed expensive. Lambert then presented the plan for Park Acquisition and Improvements. He discussed suggested improvements at Forest Hills, Prairie View, and Birch Island. Lambert said the Forest Hills park shelter burned down, so it needs to be replaced. He noted, however, the old shelter was in an isolated and awkward location and had attracted vandalism from day one. Lambert also stated Forest Hills school staff had approached him to see what might be done about the playground. Because of a large berm near the school building, the playground is on two levels, which makes it harder to supervise the children. Lambert said school staff are also concerned about the road in the rear of the school where cars cut through. Forest Hills Park also has two softball fields and a hockey rink. CITY COUNCIL MINUTES April 12, 2005 Page 15 Lambert shared the plans for a revised layout of Forest Hills Park, with the building and rink moved to a new location near the circle drop-off area. This location would be more visible and more convenient for the summer playground program, since it is nearer to the playground. Lambert said the troublesome road would be dead-ended to avoid vehicles cutting through. He said he was meeting with school staff tomorrow and would then meet with the neighborhood and the athletic associations regarding field use. Next, Lambert discussed possible improvements to Prairie View Park. He noted this park building burned years ago and was replaced with a temporary structure. Lambert said he needed to talk to school staff and neighbors of the park to see if they still wanted the hockey rink. Their answer will affect the decision on whether to erect a permanent building that could also serve as a warming house. Lambert also proposed looking into acquiring an additional 4.3 acres for Prairie View Park. He noted the school was originally planned to be half the size, and the original site plan included additional fields. The only way to expand is to acquire more land. Lambert noted the Rogers family owns an adjacent parcel, but said he didn't know if they were ready to sell. Lambert recommended meeting with the property owners and requesting an option to expand the park in the future. He said with the City's shortage of soccer fields, the opportunity to expand a school park is too good to pass up. Case asked whether the school district would partner with us. Lambert said he hadn't talked to them about it, but noted their financial situation. He also noted we provide park space to the other schools for free—for example, Forest Hills School owns land 30 feet out from the building and the City owns the rest. Young asked how many soccer fields the City has. Lambert said 42 or 44. Lambert described improvements to Edenvale Park. He described this park as somewhat unfinished. It also has a temporary building, and the parking lot is gravel. Lambert stated, with the addition of a well house in 1985, the playground has become the focal point of the park and the shelter less used. Lambert noted Edenvale used to have an active summer parks program, which dwindled as the demographic changed in the nearby public housing. Now there are lots of kids living nearby again. Lambert suggested if the City invested in a permanent building, the park could serve again as a summer program site. He said he wanted to talk to park neighbors about a hockey and free skate rink, and to the athletic associations about fields. Lambert mentioned a dedicated lacrosse field or half or full court basketball as possibilities. CITY COUNCIL MINUTES April 12, 2005 Page 16 Lastly, Lambert discussed Birch Island Woods, two acres of which could be purchased for $860,000. Lambert speculated that the City did not have much of a chance of getting a grant when other grant applicants would be able to purchase much more land for the money. However, he stated Birch Island Woods has community support. Lambert stated if people were given a chance to vote on buying all four acres of Birch Island Woods as a referendum question, it would pass. Lambert then moved to the issue of putting some additional money in the referendum to replace old playground structures. He explained the City currently replaces playgrounds at a rate of one or two a year. With additional funding, the City could accelerate that process and make many neighborhoods very happy. Lambert also recommended holding a town meeting with seniors to discuss their recreational needs. 2. Tentative Referendum Planning Schedule Lambert referred the Council to the schedule included in the packet. He acknowledged the Council had been presented with a great deal of information, but also noted that action could not be put off if the schedule were to be followed. The schedule allowed just six weeks to meet with all groups, meet with bondsmen and architects, and work out hard costs for construction and operation. Lambert said the next step would be a joint City Council and Parks Commission meeting and a public meeting to invite input on the proposed amenities and the structure of the referendum questions. Only then would the City decide whether to run a referendum this November or not. Lambert said by September 1, all details should be known. The final eight weeks would be devoted to the final push for voter education and a successful outcome. 3. Recommendation for 2005 Trails Projects Lambert noted the City currently has over $5.5 million of trail construction or repair projects on the proposed schedule. With the current budget of $125,000 per year for trails, it will be many years before the transportation trails can be completed. Lambert suggested by adding $2 million for trails to the referendum, the process could be strongly accelerated. He characterized the cost as 50 cents per month for the average homeowner. At this point, Councilmember Case suggested a general discussion on parks referendum issues and the motions. He stated while he was not ready to "open the checkbook," he felt comfortable with the idea of breaking up the questions. He noted the process could be stopped at any CITY COUNCIL MINUTES April 12, 2005 Page 17 point along the way and said he felt comfortable with all four parks motions. Lambert clarified the Community Center improvements would have to pass for any of the pool improvements to pass, even though they would be listed as separate questions. Young asked what was different in this referendum vs. last year's, besides the water park. Lambert said 1.3 million in renovations had been removed as well as 7 million for the outdoor water park. He said everyone said the water park was the reason the last referendum failed. Aho asked if anything had been added. Lambert said the potential Prairie View land acquisition and additional costs at Forest Hills (the re-grading and change in layout, instead of the building only) were also new. Young said he thought developing the trail system was important. He also said he was not troubled by the park acquisition and improvement. Young stated the Community Center, however, was a lot to consider in one night. He said he was worried about how a new parks referendum would be seen, even if the questions were broken up. Young noted even in a special election situation with low turnout, the last referendum still lost. He believed people would still look at the referendum and see a price tag of over ten million. He acknowledged the Community Center was in bad shape, but still felt concerned. Case pointed out if the City did not run a referendum, it would never get the funds. He asked Young what he was suggesting. Young said citizens would have the perception the City is running a referendum again, even with a split question. He said there is a lot of support for parks and open space, but perhaps not for a $10 million Community Center. He noted the City has other health facilities such as Flagship. Young reiterated two hours was too short a time to digest the concept. Tyra-Lukens said she understood Young's concerns. She acknowledged it is uncertain whether the community center referendum would pass. She asked Young if he had suggestions of items to take out to make the proposal more palatable. Aho suggested removing the fitness center since good private facilities are available. Lambert said the fitness center rated pretty high in the survey. He noted tat 80 percent of the Community Center members said they joined for the fitness center. The fitness area is above the expanded locker rooms, which CITY COUNCIL MINUTES April 12, 2005 Page 18 are definitely needed. Flagship, Northwest, and the Chaska Community Center are all in the process of expanding fitness centers because of their popularity. As to why the City should provide a fitness center, Lambert said the main point is to provide access for those citizens who cannot afford a private club membership. Neal responded to Young's concerns by stating tonight's motions are to authorize Staff to gather more precise cost estimates and gather community input. He said these are two important streams of information to decide whether to go forward with a referendum or not. He assured the Council this was not a "slippery slope." He said there are too many questions about school and neighborhood issues, and that Staff and the Council need more information. Neal also stated the ideas presented tonight are consistent with what was learned from the last referendum. Voters, both yea and nay, said they would like to see the City put up another referendum in one or two years, during a general election when there was no school referendum on the ballot. Neal also said voters said no outdoor pool, so that has been removed. Young stated "getting more information" is different from "approving the concept." He said the motion sounded too final. Aho suggested rewording the motion to say gathering information instead of approving the concept. Neal noted Staff needs a concept to research prices and to gather public input. Aho inquired about the cost of this information gathering stage. Lambert said it would be about $10,000 in additional landscape planning and architect's fees for the six-week information-gathering period. He noted most of the costs had been incurred already. Tyra-Lukens asked how the motion could be reworded to get a unanimous vote. Lambert suggested rewording the motion to read, "Direct Staff to further develop the concept for Community Center improvements" instead of "approve the concept for Community Center improvements." MOTION: Case moved, seconded by Young, to direct Staff to further develop the concept for Community Center improvements that would be funded by a referendum and to further evaluate the feasibility of funding several components with revenue bonds or a combination of revenue bonds and donations, including the third rink addition, an outdoor fun pool and an indoor play area. Motion carried 5-0 as amended. CITY COUNCIL MINUTES April 12, 2005 Page 19 The Council moved to a final discussion on the pool motion. Aho asked if the motion meant that Scheme C was off the table. Lambert said the motion would take Scheme C off the table. Aho said he was not ready to take the pool deepening option off the table yet. He suggested rewording the motion to read "Authorize Staff to obtain detailed operational costs for both Options B and C" instead of "Approve consideration of Option B as the preferred option." MOTION: Case moved, seconded by Young, to authorize Staff to obtain detailed operational costs for both Options B and C for providing for swimming pool improvements, and furthermore that this option be considered as a separate question if included on the referendum. Motion carried 5 -0 as amended. MOTION: Butcher moved, seconded by Case, to authorize Staff to contact representatives of the School District to review options to be considered at Forest Hills Park and Prairie View Park and to send notices to residents within the service areas of Forest Hills Park, Edenvale Park and Prairie View Park to obtain input from neighborhoods regarding proposed changes to those neighborhood parks prior to making any decisions on park acquisition and improvements for a referendum. And furthermore to contact the property owners for the proposed expansion of Prairie View Park and Birch Island Woods to discuss the feasibility of obtain options on those parcels in order to confirm acquisition costs prior to a referendum. Motion carried 5 -0. MOTION: Young moved, seconded by Aho, to accept the recommendation of the Parks, Recreation and Natural Resources Commission to consider as either a separate question or part of the park acquisition and development question $2,000,000 toward the completion of the City trail system. Motion carried 5 -0. 4. Updated Parks Capital Improvements Plan Neal requested Lambert to defer this topic until the next meeting. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Plans and Specifications for Intersection and Roadway Improvements on Technology Drive and Mitchell Road, I.C. 00-5508 (Resolution No. 2005-59) Public Works Director Eugene Dietz explained this item would normally be on the consent calendar, but he decided to present it for discussion since Technology Drive had not been revisited for a while. This project would convert Technology Drive from a two-lane to a four-lane road. The CITY COUNCIL MINUTES April 12, 2005 Page 20 road would be widened equally in both directions and the trail on the south side would be untouched. The north side trail would be reconstructed with a new bridge over Purgatory Creek. The intersection at Mitchell Road would be redone to include right and left turn lanes. Dietz said the Technology Road improvements are all as originally conceived with ADC, but with the downturn in their industry, ADC would prefer not to do the improvements at all. The City made an agreement with ADC to assume responsibility for the project in exchange for a special assessment agreement requiring payments over ten years. Dietz noted there had been past discussion of walkable communities related to this project. He said there would be an eight-foot median at the St. Andrews Church intersection, a convenient crossing for pedestrians to pick up the trails. There would be another crossing at Bilimbi Bay. The project would also include $82,000 for plantings along the south side. The north side does not allow landscaping because of existing wetlands and ponds close to the road. Tyra-Lukens echoed concerns about walkability. She commented there is a long stretch of road between lights, and the south side trail is often flooded. It might be nice to have a crossing on the western stretch of the street. Dietz said he would look into it. Tyra-Lukens also requested a flat pass -through for bicycle traffic crossing the median and Dietz assented. Jeremiah noted the south side trail had been put in with the expectation of these road improvements. She said the road improvements would help eliminate the ponding. MOTION: Butcher moved, seconded by Case, to adopt the Resolution approving plans and specifications and ordering advertisement for bids for I.C. 00-5508, Intersection and Roadway Improvements on Technology Drive and Mitchell Road. Motion carried 5 -0. 2. Professional Service Agreement with Landform Engineering Company for Technology Drive and Mitchell Road Improvements, I.C. 00-5508 Dietz explained there would be more action needed on this project before voting on it. The City Attorney advised a Public Hearing is needed on this project, so one would be held the same night the contract is approved. Dietz noted Landform Engineering had designed the project to 90% while working for ADC. The City would hire them to finish the project. F. REPORT OF POLICE CHIEF CITY COUNCIL MINUTES April 12, 2005 Page 21 G. REPORT OF FIRE CHIEF 1. Neighborhood Meeting for New Fire Station Fire Chief George Esbensen reported the City has closed on the Delagard property site. 260 notices have been sent out for a neighborhood informational meeting next Tuesday, April 19 from 7:00 p.m. to 9:00 p.m. Station 3 (Round Lake) was chosen for the meeting because it has a similar footprint to the new building. Fire staff and the architectural design firm will be on hand to answer questions. The developer will also bring concept drawings for the residual piece to get neighborhood input on amenities. Esbensen said the project would come before the Planning Commission on April 29, with a projected groundbreaking of September 26. Tyra-Lukens asked if Esbensen was already receiving calls from the neighbors. He said people are always concerned about siren noise, but once the station is operational they realize there is usually no need for fire trucks to use their sirens in the middle of the night. H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Aho moved, seconded by Young, to adjourn the meeting. Mayor Tyra- Lukens adjourned the meeting at 9:40 p.m. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 26, 2005 DEPARTMENT/DIVISION: Randy Slick Public Works/Engineering ITEM DESCRIPTION: Final Plat Approval of Eden Bluff ITEM NO.: VILA. Requested Action Move to: Adopt the resolution approving the final plat of Eden Bluff. Synopsis This proposal is for the plat located north of the proposed Charlson Road / TH 212 intersection. The plat consists of 65.5 acres to be divided into four outlots and right-of-way dedication for street purposes. Outlots A, B and D will be developed / replatted at a later date. This is a replat of Tracts D and E, Registered Land Survey 1737. Background Information The preliminary plat was approved by the City Council on January 18, 2005. Reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on April 26, 2005. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of $7,991.00 • Prior to release of final plat, Developer shall provide a current title insurance policy. • Satisfaction of bonding requirements for the installation of public improvements • Execution of Special Assessment Agreement for 'TH212 and Charlson Road improvements • The requirements as set forth in the Developer's Agreement • Prior to release of final plat, Developer shall provide a warranty deed to the City of Eden Prairie for Outlot C. • Revision to plat shall include a minimum Right-of-way width of 70 feet for Charlson Road. • Revision to plat shall include the labeling of the Charlson Road Right-of-way width. • Revision to plat shall include additional Right-of-way or trail easement east of Charlson Road for the proposed pedestrian underpass trail connection. • Developer shall provide the required right-of-way for the proposed TH 212 / Charlson Road improvements. • Revision to plat shall include extending the north lot line of Outlot C easterly to the Charlson Road Right-of-way. • Developer agrees that trunk sewer and water assessments may be levied by the City at prevailing rates in the year assessed against the Property, with each phase of the office / industrial / commercial project based on the gross area of each phase. Prior to the release of a final plat for each phase, Developer shall sign an assessment agreement for trunk sewer and water assessments. • Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2005- A RESOLUTION APPROVING FINAL PLAT OF EDEN BLUFF WHEREAS, the plat of Eden Bluff has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Eden Bluff is approved upon compliance with the recommendation of the City Engineer's report on this plat dated April 26, 2005. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on April 26, 2005. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk EDEN BLUFF R.T. DOC. NO. det)..eLL Atte Br INEW PS/ZirNIS Ihel Inn Ain Indium INC a Unonne thorn isomer 07,70, lee fee, a Me teee,, ehoombeff ended, Mooted ai Ihe leafy .! linforplo, Ron Sehoenta 'coil Porte , troth O. Rephtend taut fan, No 17-17. Olenrus. Comafe Phoned. POMO 2: Dacia & Reasined terre Saner eles t747. kommen Counte animals Pardee 2: (nano nth VW yon of in Southeast &east of Sends, 24 re.P.142 lIt fremge Neenreil County, sroonoto to, mann ow nand, it Pea 0. Mnyhten tool Soon Ne. 1667, Ora it II. 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Lt,T51,1! • Deieles I/2. • re foe.fl encnonmel lete.0 Mi.ed by LOS Rerirtrelien Na I241 wee» eflorre4e Ttheeke WESTWOOD .eles**40 Sowers Inc Are Z • ,7 Meets I CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: April 26, 2005 DEPARTMENT/DIVISION: Randy Newton Public Works/Engineering ITEM DESCRIPTION: I.C. 05 -5638 Approve Plans and Specifications and Order Advertisement for Bids for the TH 212 / Charlson Road Intersection Improvement Project. ITEM NO.: VII.B. Requested Action Move to: Adopt resolution approving plans and specifications and ordering advertisement for bids for I.C. 05-5638, TH 212 / Charlson Road Intersection Improvement Project. Synopsis This plan approval, along with the approval of the Eden Bluff Developer's Agreement and a future assessment agreement, will provide the necessary approvals to construct the TH 212 / Charlson Intersection Improvement Project. Background Information The TH 212 / Charlson Road Intersection Improvement project is the final phase of the required street and utility improvements for the Hennepin Village and Eden Bluff Developments. The improvements include constructing the TH 212 / Charlson Road intersection with turn lanes, installing a traffic signal and constructing a second westbound through lane. The City has also added, at the City's cost, a pedestrian underpass to the project. The pedestrian underpass will serve as a pedestrian gateway to the Minnesota River Valley. The project is currently scheduled to begin in late June and be completed by late November of this year. This is an aggressive schedule that has been pursued at the request of the Developer. Depending on project costs and other factors the project completion could be delayed until 2006. Financial Implications Based on the plans and the proposed construction schedule the engineer's construction cost estimate for the project is $2,700,000. The estimate includes $2,475,000 for the intersection improvements and an additional $225,000 for the construction of the pedestrian underpass. The City of Eden Prairie will be responsible for the cost of the pedestrian underpass. The Eden Bluff Developer (United Properties), on an assessment basis, will be responsible for all other costs associated with the project. The special assessment agreement will be presented to the City Council prior to the award of the construction contract. Attachments • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2005- A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS I.C. 05-5638 WHEREAS, the City Engineer, with the assistance of SRF Consulting Group, has prepared plans and specifications for the following improvements to wit: I.C. 05-5638 — TH 212 / Charlson Road Intersection Improvement Project and has presented such plans and specification to the Council for approval. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1) That said plans and specifications, a copy of which is on file for public inspection in the City Engineer's Office, are hereby approved. 2) That the City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state the date and time that the bids will be publicly opened and the City Council meeting at which they will be considered. No bids will be considered unless sealed and filed with the Engineering Division and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City of Eden Prairie for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on April 26, 2005. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: DATE: April 26, 2005 DEPARTMENT/DIVISION: Leslie Stovring Public Works / Environmental Services ITEM DESCRIPTION: IC # 03 -5589 Adopt Resolution to Petition Riley- Purgatory-Bluff Creek Watershed District to Commit to Fund the Riley Creek Water Management Project ITEM NO.: VII.C. Requested Action Move to: Adopt Resolution to Petition the Riley-Purgatory-Bluff Creek Watershed District to Commit to Fund the Riley Creek Water Management Project. Synopsis A Use Attainability Analyses (UAA) was completed by the Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) for Lake Riley. Since that time, additional needs have been identified for the Lake Riley / Riley Creek corridor. Work proposed for this area includes: • Re-analysis of the outlet structure for Lake Riley • Assessment of corrective measures and improvements along the Riley Creek corridor from Lake Riley to the Minnesota River. Staff recommends petitioning the Watershed District to complete these analyses as part of the overall Basic Water Management Plan for Lake Riley and Riley Creek. Background The study will be conducted by the Riley-Purgatory-Bluff Creek Watershed District to evaluate the condition of the Riley Lake outlet and to assess the condition of Riley Creek. The results of the study will be used to evaluate effective control measures for the creek to correct and improve the quality of the outlet and creek. The creek analysis will benefit the City as this work can be incorporated into our stormwater planning efforts under the draft stormwater permit program currently being reviewed and drafted by the Minnesota Pollution Control Agency. Additional analysis of the creek's watershed, including modeling for nutrients and sediment load, could be required later this year. The study and analysis will be conducted as a Basic Water Management Plan and will be funded 100% by the Watershed District. If the Watershed District approves the petition, an agreement with specific cost provisions will be developed for final approval by City Council at a later date. Attachments: • Resolution • Petition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2005 - RESOLUTION RELATING TO THE RILEY CREEK WATER QUALITY IMPROVEMENT PROJECT I.C. # 03-5589 WHEREAS, Lake Riley and Riley Creek are important features within the City of Eden Prairie; and WHEREAS, the City Council is committed to water quality improvement within Lake Riley and Riley Creek; and WHEREAS, the City of Eden Prairie has determined that improvements to the lake and creek are required to fully realize their recreational potential. NOW, THEREFORE, BE IT RESOLVED, the City Council desires to complete those items recommended by the Riley-Purgatory-Bluff Creek Watershed District to improve the water quantity and quality of Lake Riley and Riley Creek and hereby approves the attached petition to the Riley-Purgatory-Bluff Creek Watershed District to: • Analyze the outlet for Lake Riley, and • Assess corrective measures and improvements along the creek corridor from Lake Riley to the Minnesota River. BE IT FURTHER RESOLVED, the City Council does request that the Riley- Purgatory-B luff Creek Watershed District participate in funding these activities at 100% as defined in the attached petition. ADOPTED by the Eden Prairie City Council on April 26, 2005. Nancy Tyra-Lukens, Mayor SEAL ATTEST: Kathleen Porta, City Clerk PETITION OF THE CITY OF EDEN PRAIRIE TO RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT FOR THE LAKE RILEY AND RILEY CREEK BASIC WATER MANAGEMENT PROJECTS I. AUTHORITY The City of Eden Prairie petitions the Riley Purgatory Bluff Creek Watershed District, pursuant to the provisions of the Minnesota Statutes Sections 103D.201, 103D.605, 103D.705, and 103D.905, to undertake a basic water management project to protect and improve the water quality of Lake Riley and Riley Creek. II. PURPOSE The purpose of the project is to improve the quality of Lake Riley and Riley Creek. The Board of Water and Soil Resources approved and the Board of Managers adopted a watershed management plan dated May 1996 and is incorporated by reference. The Riley Lake Use Attainability Analysis dated April 2002 is also incorporated by reference. The project for the city of Eden Prairie will help remedy water quantity impacts from increased water flow volume due to increased urbanization within the watershed. III. GENERAL DESCRIPTION OF WORK PROPOSED AND PURPOSES The project includes a proposal to analyze the outlet structure for Lake Riley and to assess the condition of the creek corridor from Lake Riley to the Minnesota River to determine effective corrective measures and improvements to improve the quality of the stream and the condition of the stream banks. The project includes monitoring and evaluation of the Lake Riley outlet and the Riley Creek corridor. The proposed work is consistent with additional controls, if required to maintain the existing beneficial uses of Riley and Rice Marsh Lakes. IV. DESCRIPTION OF THE LANDS OVER WHICH THE PROPOSED IMPROVEMENTS ARE LOCATED The project will be located on property that is directly or indirectly tributary to Lake Riley and Riley Creek. Within Eden Prairie, the project includes the southern segment of Riley Creek and the southern edge of Lake Riley, generally within that area between Lake Riley and the Minnesota River in the City of Eden Prairie. V. GENERAL DESCRIPTION OF THE PART OF THE DISTRICT AFFECTED The affected lands are located in the City of Eden Prairie and include the riparian and tributary drainage areas to Lake Riley and Riley Creek. Generally, the affected areas lead south of Lake Riley. Riley Creek has a 10 square mile watershed, with mild topography in the upper and middle portions of the watershed and a steep, north-valley wall of the Minnesota River on the downstream end of the watershed. Riley Creek originates from lakes Lucy and Ann, and flows through Lake Susan, Rice Marsh Lake, and Lake Riley before it begins its descent to the Minnesota River. This project will focus on the stretch of the creek between Lake Riley and the Minnesota River. Finally, Lake Riley has a direct drainage area of 818 acres consisting of 449 acres of single- family homes, 286 acres of parks and open, 1 acre of commercial, and 82 acres of agricultural property. The lake has a maximum depth of approximately 50 feet, and a mean depth of approximately 23 feet. Water flows from Rice Marsh Lake to Lake Riley through Riley Creek. Lake Riley's total drainage area, including both direct and indirect drainage, is over 4,500 acres. VI. NEED AND NECESSITY FOR THE PROPOSED IMPROVEMENT Prior years of growing development within the Lake Riley and Riley Creek watersheds have increased amounts of surface water runoff into the water systems. This necessitates water quantity and quality management and creek bank stabilization to protect and improve the scenic, recreational and wildlife of the lake and creek as well as the overall water quality of the District. VII. THE PROPOSED IMPROVEMENT WILL BE CONDUCIVE TO THE PUBLIC HEALTH, CONVENIENCE AND WELFARE The City of Eden Prairie petitions for the project as it will be conducive to the public health, convenience and welfare of the District and the City. Completion of the project, and associated recreational improvements, will preserve and enhance the public use and enjoyment of Lake Riley and Riley Creek and their adjacent parks, all of which are significant natural resources of the District and region. VIII. FINANCING OF THE PROPOSED IMPROVEMENT The project is identified in the Riley Purgatory Bluff Creek Watershed District Water Management Plan and is a priority project of common benefit to the entire District. Minnesota Statutes Section 103D.905, Subdivision 3 provides for the project financing of the basic water management features of the project. The District will fund 100% of the water quantity aspects of the project. IX. PROJECT ABANDONMENT The City of Eden Prairie hereby states and acknowledges that it will pay all costs and expenses that may be incurred by the activities described in this petition in the event the project is dismissed, no construction contract is let, or the City withdraws its project petition. CITY OF EDEN PRAIRIE Mayor of City of Eden Prairie CITY OF EDEN PRAIRIE City Manager Date CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 26, 2005 DEPARTMENT/DIVISION: Eugene A. Dietz Public Works ITEM NO.: VII.D. ITEM DESCRIPTION: Approve Professional Services Agreement with HTPO to Begin Preliminary Investigation for Replacement of Super Valu and Washington Avenue Lift Stations Requested Action Move to: Approve Professional Services Agreement with HTPO to begin the preliminary engineering investigation for replacement of Super Valu and Washington Avenue Lift Stations, in the amount of $19,000. Synopsis The Super Valu Lift Station was initially constructed in 1977 and the Washington Avenue Lift Station was constructed sometime during the mid-60s (do not have the exact year, as we "inherited" it from another City), therefore it is time for them to be refurbished. Financial Considerations: The estimated cost for the plans, specifications and contract administration for the site work is as shown below: Super Valu Lift Station No. 2 • $3,000.00 Site survey, including topography, utility locates, and boundary. • $9,000.00 Construction Plans and Specifications for reconstruction of existing station. • $5,000.00 Bid administration, Construction Administration, Staking, and Inspection. Washington Avenue Lift Station • $2,000.00 Provide a construction cost estimate for the proposed complete reconstruction of the station. Attachments • Professional Services Agreement I J Engineering•Surveying 1 Landscape Architecture March 23, 2005 John Canon City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Super Value and Washington Avenue Lift Station Proposals Dear John: As requested, the following estimates for civil engineering and surveying services for the above referenced project is provided for your consideration. Super Value Lift Station No. 2 $3,000.00 Site survey, including topography, utility locates, and boundary. $9,000.00 Construction Plans and Specifications for reconstruction of existing station. Includes working with City staff to determine best layout of improvements. Assumes the reconstruction will consist of entirely new mechanical and electrical components, internal and external of the wet well along with valve manholes. $5,000.00 Bid administration, Construction Administration, Staking, and Inspection. Includes 8 hours for construction staking and up to 30 hours for construction inspection. 7510 Market Place Drive Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax Washington Avenue Lift Station $2,000.00 Provide a construction cost estimate for the proposed complete reconstruction of the station. HANSEN THORP PELLINEN OLSON, INC. Carlon/Howley March 23,2005 Page 2 HTPO, Inc. proposes to provide services in accordance with the attached General Conditions. Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personnel expenses. Services provided by sub-consultants will be passed on to you with no markup. We will keep you informed of our work progress and the above fee estimates will not be exceeded without prior approval from your office. Customary Reimbursable Expenses (printing, courier and other out-of-house services and documents) are passed on directly to you. We invoice our services monthly payable within 30 thirty days. Thank you for this opportunity to provide our services. Sincerely, Hansen Thorp Pellin Olson, Inc. cieziput Charles J. Howley, P.E. Laurie A. Johrison, P.E. Project Engineer Principal Enclosure Approved: City of Eden Prairie By: By: CITY OF EDEN PRAIRIE GENERAL CONDMONS Consultant Agreement SECTION 1: PROJECT INFORMATION 1.1 City will provide to Consultant all known information regarding existing and proposed conditions of the site or which affects the work to be performed by Consultant Such information shall include, but not be limited to site plans, surveys, known hazardous waste or conditions, previous laboratory analysis results, written reports, soil boring logs and applicable regulatory site response (Project Information). 1.2 City will transmit to Consultant any additions, updates, or revisions to the Project Information as it becomes available to City, its subcontractors or consultants. 1.3 City will provide an on-site representative to Consultant within 24 hours upon request, to aid, define, supervise, or coordinate work or Project Information as requested by Consultant 1.4 Consultant will not be liable for any decision, conclusion, recommendations, judgement or advice based on any inaccurate information furnished by City, or other subcontractors or consultant engaged by City. SECTION 2: SITE LOCATION, ACCESS, PERMITS, APPROVALS AND UTILITIES 2.1 City will indicate to Consultant the property lines of the site and assume responsibility for accuracy of markers. by Consultant's negligence. 2.5 City agrees to render reasonable assistance requested by Consultant to enable performance of work without delay or interference, and upon request of Consultant, to provide a suitable workplace. 2.6 City will be responsible for locating and identifying all subterranean structures and utilities. Consultant will take reasonable precautions to avoid damage or injury to subterranean structures and utilities identified and located by City and/or representatives of Utility Companies. SECTION 3: SAMPLES 3.1 Consultant may retain at its facility selected soil, water, or material samples for a maximum of 30 days ail= completion of the work and submission of Consultant's report, which samples shall remain the property of City. Unless otherwise directed by the City, Consultant may dispose of any samples after 30 days. 3.2 Disposal of contaminated or hazardous waste samples is the responsibility of City. After said 30 days, City will be responsible to select and arrange for lawful disposal procedures that include removal of samples from Consultant's custody and transporting them to a disposal site. City may request, or if City does not arrange for disposal, Consultant may deliver samples to City, freight collect, or arrange for lawful disposal and bill City at cost plus 15%. 2.2 City will provide for right-of-way for Consultant personnel SECTION 4: FEE PAYMENT / CLAIMS and equipment necessary to perform the work. 2.3 City will be solely responsible for applying for and obtaining permits and approvals necessary for Consultant to perform the work. Consultant will assist City in applying for and obtaining such permits and approvals as needed. It is understood that City authorizes Consultant to act as agent for - City for City's responsibilities under this section including signing certain forms on City's behalf such as Right-of-Way forms. 2.4 While Consultant will take reasonable precautions to minimize any damage to property, it is understood by City that in the normal course of the work some damage may occur. The correction of any damage is the responsibility of City or, at City's direction, the damage may be corrected by Consultant and billed to City at cost plus 15%. Notwithstanding the above, Consultant agrees to be responsible for damage caused City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 1 of 4 4.1 Consultant will submit invoices to City monthly, and a final invoice upon completion of work. Invoices will show charges based on the current Consultant Fee Schedule or other documents as attached. 4.2 To receive any payment on this Contract, the invoice or bill must include the following signed and dated sta tement "I declare- under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 4.3 The balance stated on the invoice shall be deemed correct unless City notifies Consultant, in writing, of the particular item that is alleged to be incorrect within ten (10) days from the invoice date. Consultant will review the alleged incorrect item within ten (10) days and either submits a corrected invoice or a statement indicating the original amount is correct 4.4 Payment is due upon receipt of invoice (or corrected to mislead others by omitting certain aspects contained in the invoice) and is past due sixty (60) days from invoice date. On report. past due accounts, City will pay a finance charge of 1.5% per month on the unpaid balance, or the maximum allowed by law, 5.5 Consultant will consider Project Information as confidential whichever is less, until invoice is fully paid. and will not disclose to third parties information that it acquires, uncovers, or generates in the course of performing the work, 4.5 If City fails to pay Consultant within sixty (60) days except as and to the extent Consultant may, in its sole discretion, following invoice date, Consultant may deem the default a deem itself required by law to disclose. breach of its agreement, terminate the agreement, and be relieved of any and all duties under the agreement. City SECTION 6: DISPUTES / LIMITATIONS OF REMEDIES however, will not be relieved of Fee Payment responsibilities by the default or termination of the agreement 6.1 In the event of a breach of Contract by City, the Consultant shall not be entitled to recover punitive,spec. ial or consequential 4.6 City will be solely responsible for applying for and damages or damages for loss of business. obtaining any applicable compensation fund reimbursements from various state and federal programs. Consultant may 6.2 City will pay all reasonable litigation or collection expenses assist City in applying for or meeting notification including attorney fees that Consultant incurs in collecting any requirements, however. Consultant makes no representations delinquent amount City owes under this agreement. or guarantees as to what fund reimbursement City may receive. Consultant shall not be liable for any reductions from 6.3 If City institutes a suit against Consultant, which is dismissed, reimbursement programs made for any reason by state or dropped, or for which judgement is rendered for Consultant, City federal agencies, except as may be caused by Consultant's will pay Consultant for all costs of defense, including attorney negligence. fees, expert witness fees and court costs. 4.7 City may withhold from any fmal payment due the Consultant such amounts as are incurred or expended by the City on account of the termination of the Contract. SECTION 5: OWNERSHIP OF DOCUMENTS 5.1 Consultant will deliver to City certain reports as instruments of the professional work or services performed pursuant to this Agreement All reports are intended solely for City, and Consultant will not be liable for any interpretations made by others. 5.2 City agrees that all reports and other work furnished to City, or City's agents or representatives, which are not paid for, will be returned to Consultant upon demand and will not be used by City for any purpose. 5.3 Unless otherwise agreed, Consultant will retain all pertinent records or reports concerning work and services performed for a period of at least two (2) years after report is submitted. During that time the records will be made available to City during Consultant's normal business hours. City may obtain reproducible copies of all software, manuals, maps, drawings, logs and reports at cost, plus 15%, for data and materials not being provided as part of the scope of work for the project. 5.4 City may use the Consultant report in its entirety and may make copies of the entire report available to others. However, City shall not make disclosure to others of any portions or excerpts of a report constituting less than the entire report, or City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 2 of 4 6.4 If Consultant institutes a suit against City, which is dismissed, dropped, or for which judgement is rendered for City, Consultant will pay City for all costs of defense, including attorney fees, expert witness fees and court costs. 6.5 Dispute Resolution 6.5.1 Mediation All claims, disputes and other matters in question (hereinafter "claim") between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof; shall be subject to mediation. If the parties have not resolved the dispute within thirty (30) days of receipt of a written complaint, each party may require the dispute be submitted for mediation. If the parties are unable to agree on a mediator within ten (10) days following a request for mediation, either party may request that a mediator be appointed by the Fourth Judicial District Court. The parties agree to share equally all fees incurred in the mediation. The parties shall submit to mediation for a minimum of eight (8) hours. The parties agree that the mediation proceedings are private and confidential. If, at the end of eight hours of mediation, the parties have not resolved the dispute, the parties may agree to extend hours of mediation. 6.5.2 Arbitration At the option of the party asserting the same, a claim between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, whereby the party or parties asserting the same claims entitlement to damages or payment 73 Although data obtained from discrete sample locations will be of less than $25,000.00 in aggregate may be decided by used to infer conditions between sample locations no guarantee arbitration in accordance with the Construction Industry may be given that the inferred conditions exist because soil, Arbitration Rules of the American Arbitration Association then surface and groundwater quality conditions between sample existing unless the parties mutually agree otherwise. In the locations may vary significantly, and because conditions at the event any person shall commence an action in any court for time of sample collection may also vary significantly with respect any claim arising out of or relating to this Agreement or the to soil, surface water and grotmdwater quality at any other given breach thereof or the Project or construction thereof or any time and for other reasons beyond.Consultant's control. contract for such construction,, the party making a claim in arbitration may dismiss such proceedings (unless the hearing 7.4 Consultant will not be responsible or liable for the on the claim has commenced) and elect to assert its claim in interpretation of its data or report by others. such action if such party could have done so but for the provisions of this Paragraph. SECTION 8: GENERAL INDEMNIFICATION The parties agree to bear equal responsibility for the fees of AAA, including the arbitrator(s). Judgement upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. In the event that arbitration services are not available from AAA, either party may request that an arbitrator be appointed by the Fourth Judicial District Court 6.5.3 Compliance 8.1 Consultant will indemnify and hold City harmless from and against demands, damages, and expenses caused by Consultant's negligent acts and omissions, and breach of contract and those negligent acts, omissions, and breaches of persons for whom Consultant is legally responsible. City will indemnify and hold Consultant harmless from and against demands, damages, and expenses caused by City's negligent acts and omissions, and breach of contract and those acts, omissions, and breaches of persons for whom City is legally responsible. SECTION 9: INSURANCE / WORKER'S The parties deem the dispute resolution procedure as set forth COMPENSATION herein to be an integral and essential part of this Agreement A party's failure to comply in all respects with this procedure 9.1 Consultant represents and warrants that it has and will shall be a substantial breach of this Agreement. The maintain during the performance of this agreement Worker's arbitrator(s) shall be authorized to assess costs and attorney's Compensation Insurance coverage required pursuant to Mimi. fees against a party that has failed to comply with the Stat. 176.181, subd. 2 and that the Certificate of Insurance or the procedure in all respects, and, may as a condition precedent to written order of the Commissioner of Commerce permitting self arbitration, require the parties to mediate in accordance with insurance of Worker's Compensation Insurance coverage Section 6.5.1 hereof, provided to the City prior to execution of this agreement is current and in force and effect. SECTION 7: STANDARD OF CARE 9.2 Consultant shall procure and maintain professional liability 7.1 Because no sampling program can prove the non-existence insurance for protection from claims arising out of professional or non-presence of contaminated conditions or materials services caused by any negligent act, error or omission for which throughout the "entire" site or facility, Consultant cannot Consultant is legally liable. warrant, represent, guarantee, or certify the non-existence or non-presence, or the extent of existence or presence, of 9.3 Certificate of insurance will be provided to City upon request. contaminated conditions or materials, and City's obligation under this agreement will not be contingent upon Consultant's SECTION 10: TERMINATION delivery of any warranties, representations, guarantees, or certifications. 10.1 The agreement between Consultant and City may be terminated by either party upon thirty- (30) days written notice. 7.2 Consultant's opinions, conclusions, recommendations, and report will be prepared in accordance with the proposal, scope of work, and Limitations of Environmental Assessments and no warranties, representations, guarantees, or certifications will be made. Except that Consultant warrants that hardware and software will perform as represented in proposal and other parts of this agreement City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 3 of 4 10.2 If the agreement is terminated prior to completion of the project, Consultant will receive an equitable adjustment of compensation. SECTION 11: ASSIGNMENT SECTION 17: DATA PRACTICES ACT COMPLIANCE 11.1 Neither party may assign duties, rights or interests in the performance of the work without obtaining the prior written consent of the other party, which consent will not be unreasonably withheld. SECTION 12: DELAYS 12.1 If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. SECTION 13: EXTRA WORK 17.1 The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. SECTION 18: DISCRIMINATION In performance of this contract, the Consultant shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Consultant, any subcontractor of the Consultant, or any applicant for employment. The Consultant shall include a similar provision in all contracts with subcontractors to this Contract The Consultant further agrees to comply will all aspects of the Minnesota Human Rights Act, Minn. Stat. 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with 13.1 Extra work, additional compensation for same, and Disabilities Act of 1990. extension of time for completion shall be covered by written amendment to this agreement prior to proceeding with any SECTION 19: CONFLICTS extra work or related expenditures. No salaried officer or employee of the City and no member of the SECTION 14: WITHHOLDING TAXES Board of the City shall have a financial interest, direct or indirect, in this contract The violation of this provision renders the 14.1 No final payment shall be made to the Consultant until Contract void. Any federal regulations and applicable state the Consultant has provided satisfactory evidence to the City statutes shall not be violated. that the Consultant and each of its subcontracts has complied with the provisions of Mimi. Stat. 290.92 relating to SECTION 20: ENTIRE AGREEMENT withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 18.1 This Agreement contains the entire understanding between the City and Consultant and supersedes any prior written or oral SECTION 15: AUDITS agreements between them respecting the written subject matter. There are no representations, agreements, arrangements or 15.1 The books, records, documents and accounting understandings, oral or written between City and Consultant procedures and practices of the Consultant or other parties relating to the subject matter of this Agreement which are not relevant to this Agreement are subject to examination by the fully expressed herein. City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this 18.2 The agreement between Consultant and City may be Contract. modified only by a written amendment executed by both City and Consultant SECTION 16: PAYMENT TO SUBCONTRACTORS 18.3 This agreement is governed by the laws of the State of 16.1 The Consultant shall pay to any Subcontractor within ten Minnesota. (10) days of the Consultant's receipt of payment from the City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent (1-1/2%) per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Consultant shall pay the actual amount due to the Subcontractor. City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 4 of 4 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 26, 2005 DEPARTMENT/DIVISION: Mary Krause Public Works/Engineering ITEM DESCRIPTION: Award Contract for 2005 Bituminous Crack Sealing, I.C. 05-5646 ITEM NO.: VII.E. Requested Action Move to: Award contract for 2005 Bituminous Crack-Sealing to Precision Sealcoating, Inc., in the amount of $145,800. Synopsis Sealed bids were received Thursday, April 14, 2005 for the 2005 Bituminous Crack Sealing. Five bids were received as follows: Precision Sealcoating, Inc. Daffinson, Inc. ASTECH Corporation Bergman Companies Fahrner Asphalt Sealers $145,800.00 $165,200.00 $186,980.00 $192,000.00 $210,000.00 Background Information Street bituminous crack filling is an annual street maintenance project in preparation for the 2005 seal coat project. This year the quantities were increased to crack-seal some of the recently overlay areas as well as a portion of the proposed 2006 sealcoat project area in order to provide a higher level of maintenance as well as to get a "jump" on maintenance for 2006. This resulted in an over-run regarding the 2005 budget; the funding for this project is through budget #1707- 6339, with a budget of $84,000.00. The remainder of the monies to fund the project will be through the Pavement Management Fund. Staff recommends award to Precision Sealcoating, Inc. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 26, 2005 DEPARTMENT/DIVISION: Marc Thielman, Facilities ITEM DESCRIPTION: City Center Carpet Project ITEM NO.: VII.F. Requested Action Move to advertise for bids for re -carpeting of City Center. Synopsis The carpeting within the City Center is over 10 years old and is overdue for replacement. Facilities staff has developed a plan to replace all the carpet within the City side of the building in five phases. Each phase will be treated as a separate project so as to eliminate any conflicts with budgeting and employee disturbance. Background Information Facilities staff consulted with Wilkus Architects to finalize a plan to replace the aging carpet within the facility. Staff also consulted with the City Manager and other key employees on color and design. This project will also provide an opportunity to correct carpet buckling issues, which currently occur when the humidity level is high. CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: April 26, 2005 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/ ITEM DESCRIPTION: Resolution for reimbursement of prior expenditures ITEM NO.: VII.G. Requested Action Move to: • Adopt Resolution declaring the City's official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds. Synopsis IRS regulations require that a City make a declaration of its official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. With this resolution, the City is declaring their intent to issue bonds to purchase property and construct a fire station at the northeast corner of Dell Road and Linwood Court. The reimbursement resolution indicates the maximum amount of bonds expected to be issued for the project is $3.5 million. The Council can issue any amount of bonds less than this amount. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2005- RESOLUTION RELATING TO FINANCING OF THAT CERTAIN PROPOSED PROJECT TO BE UNDERTAKEN BY THE CITY; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council (the Council) of the City of Eden Prairie, Minnesota (the City) as follows: 1. Recitals. (a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance. (b) The Regulations generally require that the City make a declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued series of bonds within 60 days after payment of the expenditures, that the bonds be issued and the reimbursement allocation be made from the proceeds of such bonds within the reimbursement period (as defined in the Regulations), and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. (c) The City desires to comply with requirements of the Regulations with respect to that certain project as hereinafter identified. 2. Official Intent Declaration. (a) The City proposes to undertake the following project and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasonably expects to issue reimbursement bonds for such project in the maximum principal amounts shown below: Project Maximum Amount of Bonds Expected to be Issued for Project Construction of Fire Station Building $3,500,000 (b) Other than (i) de minimis amounts permitted to be reimbursed pursuant to Section 1.150-2(0(1) of the Regulations or (ii) expenditures constituting preliminary expenditures as defined in Section 1.150-2(0(2) of the Regulations, the City will not seek reimbursement for any original expenditures with respect to the foregoing project paid more than 60 days prior to the date of adoption of this resolution. All original expenditures for which reimbursement is sought will be capital expenditures or costs of issuance of the reimbursement bonds. 3. Budgetary Matters. As of the date hereof, there are no City funds reserved, pledged, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, pledged, allocated on a long term basis or otherwise set aside) to provide permanent financing for the original expenditures related to the project, other than pursuant to the issuance of the reimbursement bonds. Consequently, it is not expected that the issuance of the reimbursement bonds will result in the creation of any replacement proceeds. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the reimbursement bonds to reimburse the source of temporary financing used by the City to make payment of the original expenditures relating to the project. Each reimbursement allocation shall be made within 30 days of the date of issuance of the reimbursement bonds, shall be evidenced by an entry on the official books and records of the City maintained for the reimbursement bonds and shall specifically identify the original expenditures being reimbursed. ADOPTED by the Eden Prairie City Council on April 26, 2005. ATTEST: Nancy Tyra-Lukens, Mayor SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 26, 2005 DEPARTMENT/DIVISION: Community Development: Janet Jeremiah/David Lindahl ITEM DESCRIPTION: Resolution supporting Hennepin County grant application ITEM NO. VII.H. Requested Council Action: Move to: Adopt resolution supporting the Transit Oriented Development Grant program offered through Hennepin County. Synopsis: A private investment entity called New Generation Foods LLC, represented by Amal Usuf, is attempting to acquire a property in Eden Prairie located at 9061 Flying Cloud Drive to operate a Somalian food processing business. She has applied for a $650,000 Transit Oriented Development (TOD) Grant through Hennepin County in order to help offset the acquisition, construction, rehabilitation costs associated with the project. The County requires a resolution from the City supporting the concept for the project. Background: This 2.3 acre site is located across from Hennepin Technical College and is the former 6,535 square foot carpet store owned and operated for many years by the William's family. The property has been for sale for several years. The proposed food processing business would create 40-50 new jobs in Eden Prairie, with many employees expected to use transit to get to and from the site. The proponent intends to submit a redevelopment plan to the City for a 17,000 square foot addition to the existing building. Before the plan can be implemented it will require review and approval by the Planning Commission and City Council. Hennepin County has $2 million in Capital Bond funds to support housing and redevelopment projects located at or directly adjacent to light rail stations and major bus transit centers where transit service is available. Eligible activities and use of funds that include land acquisition and rehabilitation of existing buildings. The applicant intends to support the use of transit services to and from the site by future employees. Attachment: Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2005- A RESOLUTION SUPPORTING THE APPLICATION FOR A TRANSIT ORIENTED DEVELOPMENT GRANT THROUGH HENNEPIN COUNTY WHEREAS, Hennepin County has $2 million in Capital Bond funds to support housing and redevelopment projects through a Transit Oriented Development grant program. Eligible activities include acquiring properties where transit usage will be increased; and WHEREAS, Amal Usuf (Applicant) has applied for a Transit Oriented Development Grant through Hennepin County to help acquire a property located at 9061 Flying Cloud Drive in Eden Prairie for the purpose of operating a food processing business. The Applicant intends to support the use of transit services to and from the property; and WHEREAS, Hennepin County requires the community in which the project is located to pass a resolution supporting the grant application. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of Hennepin, that in accordance with Minnesota Statutes § 383B.77, subdivision 3., it supports the transit oriented development loan/grant application submitted to the Hennepin County Housing and Redevelopment Authority on March 1, 2005 by Amal Usuf; provided however support for the application does not constitute approval for purposes of Chapter 11 or 12 of the Eden Prairie City Code. ADOPTED by the City Council of the City of Eden Prairie on this 26th day of April, 2005. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 26, 2005 DEPARTMENT/DIVISION: Leslie Stovring Public Works / Environmental Services ITEM DESCRIPTION: I.C. 05 -5640 Award Contract for Creek Stabilization Project for the Prairie Pines Development ITEM NO.: VII.!. Requested Action Move to: Award contract for the Riley Creek Stabilization Project to Rocks Unlimited for the Prairie Pines development in the amount of $22,855.80. Synopsis Quotes were received Thursday, April 14, 2005 for the Riley Creek Bank Stabilization Project. Three quotes were received as follows: Rocks Unlimited $22,855.80 DMJ Corporation $37,027.60 Sunram Construction, Inc. $33,151.97 Background Information The Prairie Pines development project required a wetland delineation and wetland buffer evaluation. During this process severe erosion was identified along the Riley Creek segment within the project site (just south of Pioneer Trail, west of Crestwood Terrace). Riley-Purgatory- Bluff Creek Watershed District and HTPO have assisted the City in developing plans to address this erosion and to stabilize the creek segment in regards to inflow from Riley Lake. Staff has requested that the Watershed District fund 50% of the cost as a Stream Water Maintenance and Repair project. The Watershed District has committed staff time to the project but has not determined to fund the request at this time, but the stabilization needs to be completed as soon as possible prior to the development commencing. The Developer is required to pay $8,000 towards the project cost. The City will pay the remainder from the stormwater utility fund. Staff recommends award to Rocks Unlimited. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 26, 2005 DEPARTMENT/DIVISION: Lisa Wu, Office of the City Manager/Information Technology ITEM DESCRIPTION: Approve First Amendment to Joint Powers Agreement with School District No. 272 ITEM NO.: VII.J. Requested Action Move to: Approve the First Amendment to the Joint Powers Agreement with School District 272 at Oak Point Intermediate School. Synopsis To manage City staff time more efficiently and provide better customer service at the Oak Point location, an electronic time clock, cables, computer, software and wireless network will be installed at Oak Point School for City staff use only. Background Information Our Park and Recreation Department currently has a "Joint Powers Agreement" with the School District to provide for joint use of the swimming pool facility located at Oak Point Intermediate School. The agreement was established in April 2002. This First Amendment to the Joint Powers Agreement will help City staff access class registration information electronically and also transfer our staff time into our payroll system automatically. Attachment • First Amendment to the Joint Powers Agreement • Copy of the Joint Powers Agreement FIRST AMENDMENT TO JOINT POWERS AGREEMENT THIS AGREEMENT is made as of April , 2005 between Independent School District No. 272, a Minnesota Public School organized under the laws of the State of Minnesota (hereinafter referred to as the "School District") and the City of Eden Prairie, a municipal corporation organized under the laws of the State of Minnesota (hereinafter referred to as the "City"). RECITALS: A. The School District and the City have entered into a Joint Powers Agreement executed on April 18th and 24th, 2002 (the "Joint Powers Agreement"), pursuant to Minn. Stat. § 471.59, with respect to the joint use and operation of a swimming pool facility located at the Oak Point Intermediate School ("Oak Point"). B. The City desires to install a wireless WLAN network connection at Oak Point to allow City staff to enter time card information and review class schedules at Oak Point. C. Unless otherwise provided herein, all capitalized words and terms in this First Amendment shall have the same meanings ascribed to such words and terms as in the Joint Powers Agreement. All reference to the Joint Powers Agreement shall mean the Joint Powers Agreement, as hereby amended, whether or not such reference shall expressly refer to this First Amendment. NOW, THEREFORE, in consideration of the mutual understanding and agreement herein set forth, the parties agree as follows: 1. Installation. The City shall install a wireless WLAN network connection at Oak Point, which includes installation of an antenna and wireless equipment on the roof of Oak Point and a time clock and computer station at the service counter located outside the Oak Point Pool (hereinafter referred to as the "Equipment"). 2. Ownership and Service of the Equipment. The City shall retain full ownership of the equipment. Further, the City shall be responsible for any and all service and maintenance required of the Equipment. 3. Use of Equipment. The Equipment shall be for the sole use of the City. The City shall be responsible for securing the Equipment when not in use. 4. Liability. The City assumes all liability regarding the installation and use of the Equipment and shall indemnify the School District for any and all damage caused at Oak Point due to the installation of the Equipment. 5. Except as expressly provided in this First Amendment, all provisions of the Joint Powers Agreement remain in full force and effect and are not modified by this First Amendment, and the parties hereby ratify and confirm each and every provision thereof. 6. This First Amendment constitutes the entire agreement between the parties with respect to the subject matter herein contained and all prior negotiations with respect to the subject 1 matter herein contained are merged into and incorporated in this First Amendment, and all prior documents and correspondence between the parties with respect to the subject matter herein contained (other than the Joint Powers Agreement) are superseded and have no further force or effect. 7. This First Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 8. This First Amendment shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns under the Joint Powers Agreement. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed by their duly authorized officers by the authority of their respective governing bodies. INDEPENDENT SCHOOL DISTRICT NO. 272 CITY OF EDEN PRAIRIE By Its: Mayor By Its: Superintendent Dated: Its: City Manager Dated: STATE OF MINNESOTA ) ss. COUNTY OF This instrument was acknowledged before me on the day of April, 2005, by as Chair and by as Superintendent of Independent School District No. 272, a Minnesota Public School, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF This instrument was acknowledged before me on the day of April, 2005, by as Mayor and by as City Manager of the City of Eden Prairie, a municipal corporation, on behalf of said corporation. Notary Public P:\Home\EP\ PARKS \ Amendment to Joint Powers Agmt.-Oak Point Pootdoc By Its: Chair By 2 Apr. 5- 2005 10:12AM No.1759 P. 2/13 JOINT POWERS AGREpTENT BETWEEN INDEPENDENT SCHOOL DISTRICT NO. 272 AND THE CITY OF EDEN PRAIRIE THIS AG-RID-KAMM' made and entered into by and between Independent School District No. 272, a Minnesota public school organized under the laws of the State of Minnesota (hereinafter referred to as "School District"), and the City of Eden Prairie, a municipal corporation organized under the laws of the State of Minnesota (herein referred to as "City"). 1. RECITALS 1.1 Purpose. School District is the owner of the real property legally described in Exhibit "A" attached hereto and incorporated herein by reference and entitled "Legal Description of the School District Property." Located upon said property is the Oak Point Inter -Mediate School. The School District owns and operates a swimming pool at Oak Point Intermediate School at this location. 12 Joint Powers Act. Minnesota Statutes, Section 471.59 authorizes two or more governmental units, by agreement entered into through action of their governing bodies, to jointly or cooperatively exercise any power emotion to the contracting parties. b Joint Powers Agreement The parties to this Agreement desire to enter into a "Joint Powers Agreement" in order to provide for joint use of the swimming pool facility located at the Oak Point Intermediate School. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, it is agreed by and between the parties as follows: Apr. 5. 2005 1:12AM No.1753 P 3/13 2. SCOPE OF AGREEMENT 2.1 Creation of Joint Powers Agreement By this Agreement, the parties hereby create a Joint Powers Agreement for the purpose of joint use and operation of a swimming pool facility located at the Oak Point Intermediate School. 3. CONDUCT' OF AGREEMENT 3.1 Agreement to be Bound. Upon the execution of this Agreement, the parties agree to be bound by its terms and condidons as set out herein. 3.2 Dispute Resolution Procedure. All disputes arising between the patties imrolviug the interpretation or application of the terms and conditions of this Agreement, including, but not limited to, any alleged breach and the rights and obligations of the parties, both monetary and non-monetary, shall be subject to the dispute resolution procedure set frarth herein. 3.2.1 Conference. The tubt stage of dispute resolution shall be conference. When a dispute has arisen between the parties and is not settled promptly in the normal course of business, the complaining party qhall notify the other party of its complaint by means of a brief written statement The statement shall describe with specificity the wrong and ball set forth the complaining party's position. Within ten. (10) days of receipt of the complaining party's written statement, the parties shall meet Each party may designate those person(s) who will meet as representatives on the party's behalf. The complaining party will present its position, claims, defenses, and other relevant information. Following the complaining party's presentation, the other party will present its position, claims, defenses, arid other relevant information. Each party shall have up to one (1) hour to make its presentation. -2- Apr. 5. 2005 10:13AM No.I759 P. 4/13 3.2.2 Mediation. The second stage of dispute within thirty (30) days of receipt of the written complaint, either party May submit the dispute for mediation to the American Arbitration Association, 514 Nicollet Mall, 6th Boor, Nrumeapolis, Minnesota 55402. The parties understand that the mediation shall be in the Twin Cities Metro Area, the location of which to be established by the mediator. The parties agree that the then-existing Rules of Procedure adopted by AAA shall govern the mediation proceedings. The parties agree to share equally all fees incurred to AAA. The parties dIall submit to mediation for a rairtiraum of eight (8) hours. The parties agree that the mediation proceedings are private and confidential, except as may be otherwise required by law. If; at the end of eight hours of mediation, the parties have not resolved the dispute, the parties may ;gee to extend the hours of mediation. 3.2.3 Arbitration. The third stage of dispute resolution is binding arbitration. If the parties are Unable to resolve the dispute by meAns of mediation and the requisite minimum eight (8) hours of mediation have been fulfilled, either party may submit the dispute to binding arbitration. Arbitration proceedings shs11 be governed by the then-existing rules of the American Arbitration Association, with one exception: if the amount of money involved in the dispute is less than $50,000, there shall be only one arbitrator. The parties agree to bear equal responsibility for the fees of the AAA, including the arbitrator(s). Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. In the event that arbitration services are not available from the AAA, the arbitration shall be held in accordance with the Minnesota Arbitration Act Notwithstanding any Apr . 5. 2005 10:13AM No.1759 P 5/13 other rule of the AAA or law to the contrary, the parties mutually agree that the arbitrator shall not have authority to award damages. 3.2.4.. Compliance. The patties deem the dispute resolution as set forth herein to be an integral and essential part of this Joint Powers Agreement A party's failure to comply in all respects with this procedure shall be substantial breach of this Agreement The arbitrator(s) shall be authorized to assess costs and attorney's fees against a party that has failed to comply with the procedure in all respects, and may, as a condition precedent to arbitration, require the parties to comply with the conference and mediation stages., 4. JOINT FACILMES COMMTITEE 4. I Purpose. For the duration of this Agreement, there shall be established a Joint Swimming Pool Facility Committee, the purpose of which is to oversee supervision and management of the swimming pool facility at Oak Point Intermediate School and implementation of the ten= and conditions of this Agreement. The School Board and City Council shall each appoint two or more representatives to serve on the Committee, one of whom shall be the building principal or designee. The Committee shalt meet at least twice each year, and. at such times as may be requested by either party. 5. REPAIRS CAUSED BY USERS 5.1. Repairs Caused by Users. Repairs and damage arising out of use, whether negligent or intentional acts, not reimbursed by applicable insurance policies, shall be the responsibility of the party, City or School District, which causes the damage. If it cannot be determined which party caused the damage, the parties will share equally in any expenses not reimbursed by applicable insurance policies. -4- APr. 5 2005 10:13AM No 1159 P 6/13 6. SUPERVISION AND MANAGEMENT 6.1 Supervision and Management During non-school hours, the City shall be solely responsible for occupant supervision and management of the Oak Point swimming pool operation, which includes scheduling hours of operation. The District shall be responsible for maintenance and facilities and safety supervision at all times, during both school hours and non- school honru. In addition, during school hours, the District shall be responsible for occupant supervision and scheduling hours of operation- A party shall not be responsible for the supervision of the use, by the other party or any third parties whose use is not occasioned through any program, obligation or authorization of the party, of that part of the facility owned by the party. 6.2 . The School District shall have priority usage of the Oak Point pool, provided that the School District schedules its 1 sage in compliance with rules and procedures for the use and scheduling of the pool to be implemented by the Joint Facilities Committee. The policies and procedures to be adopted by the Joint Facilities Committee shall include a provision to permit the School District to schedule on a priority basis the usage of the pool, while at the same time providing those rules and procedures under which the City may commit to the pool's usage for its own use and the use of third parties. 7. RENTAL RATES AND MINIMUM USAGE 7_1 The School District shall charge the City for the use of Oak Point pool at the same rental rate the City charges the School District for the use of the Community Center pool except as noted herein. This rate is established each year through the City's fee resolution. Rental rates are to be reviewed and updated on January 1 of each year. Apr. 5. 2005 10:13AM No.1759 P. 1/13 The School District shall limit its rental rate for Oak Point pool to the following hourly a. 25 yard, 6 lane fee (2002 rate $31.50 per hour prime time) ($27.00/hour non- prime time) (Same square foot rate as prime time rate at Community Center Pool.) This rate applies to the following hours. (All hours outside of this range will have rates 3 and 4.) Hours: 6:00 a.m. through 5:00 p.m. Monday through Saturday (prime time) Hours: 5:00 p.m. through 9:00 pm. Monday through Saturday (non-prime time) No scheduled Sunday Hours b. Whole pool fee (includes 6 lane large pool and water slide pool, 2002 rate $55.00/hour prime time) ($45.00/hour non-prime time) This rate applies to the following hours. (All hours outside of this range will have rates 3 and 4.) Hours: 6:00 a.m. through 5:00 p.m. Monday through Saturday (prime time) Hours: 5:00 p.m. through 9:00 p.m. Monday through Saturday (non-prime time) No Scheduled Sunday Hours c- 2,5 yard, 6 lane Sunday and holiday fee (declared school holidays) normal rate PLUS $3L50/hour. d. Whole pool Sunday and holiday fee (declared school holidays, i.e. July 4, Thanksgiving, Friday following Thanksgiving, December 25, January 1, Memorial Day, Labor Day) normal rate plus $55.00/hour. fees: Apr. 5. 2005 10:14AM No.1759 P 8/13 7.2. The City shall rent a minimum of 900 homs per year for City programs, including swimming lessons, lap swim water aerobics and open swim sessions, etc. This commitment may be reduced if the School District initiates recreational programs or expands swim team use dining the same time periods. The City shall rent the pool to third parties for additional use at the same rental rate based on the amount of time available to the City after School District Mini teams and the City have reserved their times. 8. PARKING 8.1 Hours When School is lit Session. It is contemplated that the School District will schedule use of the Oak Point pool and parking lot for all or substantially all of the hours when school is in session. There is little or no parking available during the hours when school is in Session. Prior to scheduling the use of the pool when school is in session, the City qhnil provide the nature and extent of its proposed use and obtain approval of the building principal or designee. 81 Special Events. The School District shall keep the City informed of School District special events which would potentially cause there to be a shortage of parking for use at the Oak Point swimming pool facility. Prior to scheduling use of the Oak Point swimming pool during hours of School District special events, the City shall provide the nature and extent of its proposed use and obtain approval of the building principal or designee. 8.3 Hours When School Is Not In Session_ When school is not in session, and except for the special event provision as set forth above, the pariring lot shall be available for use for tgilA persons participating in swimming pool activities. The Joint Facilities Committee shall Apr • 5- 2005 10:14AM No.1759 —P 9/13 implement rules regarding parting for this putpose to the extent either party deems such rules necessary and makes a request for rules to be implemented. 9. STAFF 9.1 Employees. Notwithstanding responsibilities to each's property and facilities, employees of the parties shall remain employees of their respective entities for any and all purposes including,, but not limited to, salaries, wages and other compensation or fringe benefits, worker's compensation, unemployment compensation, teachers' or public employees' tetitemen4 social security, liability insurance, keeping of personnel records, termination of employment, indiviihrl contracts and continuing or other contract rights. 10. PROPERTY INSURANCE 10.1 Real Property. The Oak Point swimming pool shall be included in the School District property insulance policy. The swimming pool and all fixtures and property attached to the real property shall be included in the School District's property insurance policy. 102 Peronal Property. Each party shall separately insure their personal property and fixtures. 103 Term said policy shell be kept in effect dining the entire term of this Agreement.. - A copy of the policy shall be provided to the other party upon request. 11. PUBLIC LIABILIIlt INSURANCE 11.1 Policy. Each paity shall obtain a policy of public liability insurance protecting itself and its officers, agents and employees against any usual and customary public liability claim& arising out of the operation of its respective obliptions in respect to the swimming pool facilities. The limits of liability shall not be less than $200,000.00 per person and $600,000.00 -8- Apr 5. 2005 10:14AM No.1159 P. 10/13 per occurrence. Each policy of insurance shall name the other party and its officers, agents, and employees as additional named insureds. 11.2 Term. Said policy shall be kept in effect dating the entire term of this Agreement A copy of the policy dial] be provided to the other party upon request 12. TERMINATION OF AGREEMENT 12.1 Term. This Agreement shall continue in effect until terminated as hereinafter provided. 112 Notice of Termination. Either party may terminate this Agreement by serving notice of termination as provided herein. Said notice shall specify the effective flare of termination which shall not be less than twelve (12) months following service of notice. 12.3 Effective Termination. The rights and obligations of the parties pursuant to this Agreement shall continue through the effective date of termination. Effective following termination, the City shall have no farther rights in respect to the swimming facility, and neither party shall be responsible to the other party of any further costs or expenses. 13. NOTICES 13,1 Notices. Any and all notices and demands by or from City to School Dist:let, or from School District to City, shall be in writing and shall be validly given or made if served either Personally or if deposited in the United States mail, certified or registered, postage Prepaid, return receipt requested. If such notice be served personally, service shall be conclusively deemed made at the time of such personal service. If such notice or demand be served by registered or certified mail in the manner herein provided, service shall be conclusively deemed made forty-eight (48) hours after the deposit thereof in the Iluited States rail addressed to the party to whom such notice is to be given.. -9- Apr. 5. 2005 10:14AM No.1759 P. 11/13 Any notice or demand to School District shall be addressed to School District at: Independent School District No. 272 8100 School Road Eden Prairie, MN 55344 Any notice or demand to City shall be addressed to City at The City of Eden Prairie Eden Prairie City Center 8080 Mitchell Road Eden Prairie, MN 55344 14. AMENDMENTS 14.1 Amendments. No amendments shall be made to this Agreement except in writing signed by the authorized representative of each patty following approval by the respective governing body's board. 15. OBLIGATIONS 15.1 Obligations of Parties. The obligations of each party to third parties shall not be the obligations of the other party except as specigcally provided in writing and approved by the governing body of each party in accordance with applicable law. 15.2 Liability. Neither party shall incur liability for personal injury or property damage to students attending school within the School District or to third patios merely because of the existence of this Agreement. 16. DEFAULT 16.1 Default. It shall be a default under this Agreement if either party shall fail to make any payment required on or before the date that the payment is due, or if either party should fail to observe or perform any other obligation, agreement, or covenant on its part for a period of thirty (30) days after receipt of written notice from the other party specifying the default and requesting that it be remedied. If an event of default has happened or is existing, the -10- Apr, 5. 2005 10:15AM No.1759 P. 12/11 other party may take whatever action at law or in equity that may appear necessary or appropriate to collect the amounts then due and thereafter to become due, or to enforce performance and observation of any obligation, agreement, or covenant of the other party under this Agreement No remedy conferred upon or reserved to the non-defaulting party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in titittion to every other remedy given under this Agreement now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be deemed expedient In the event any agreement contained in this Agreement shall be breached by either party and thereafter waived by the other party, such waiver shall belimited to the particular breach so waived and shall not be deemed to waive any other breach heretmder. 17. INTERPRETATION 17.1 Captions Headings. The captions and headings of the provisions under this Agreement are for convenience only and shall not be considered or referred to concerning questions of interpretation or construction. 18. SAVING CLAUSE 18.1 Savings. Should any provision or article of this Agreement be found unlawful, the other provisions of this Agreement shall remain in force and effect if by doing so the purposes of this Agreement taken as a whole in light of the authoizing statute can be made operative. Should any such provision or article be found unlawful, the parties shall meet for the purpose of aixiving at an &memoir on a lawful provision or amendment to replace the unlawful provision. Dated: ap,e4 .> 4, ad 2._ BY: BY: Apr. 5. 2005 10:15AM" -No.I759 P. 13/13 - ' IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. Dated: 0.1(11bil 200:—. BY: 7 CITY OF EDEN PRAIRIE STATE OF MINNESOTA) SS COUNTY OF BENNE:PIN ) The forgoing instrauaent was acknowledged before me this i 0 day of G7,4,o2 .2002, by e.'arof '8o rabrt • and by 'i,id M , respectively the Chair and Clerk of Independent School District No. 272, a Minnesota public school, on behalf of said corporation. Arstravw•wwwwwwwwitimvaiwors I LYNDA KAY L AnTOSIIissoN7 Pull"NIIMMEOIREB14102X EVERING STATE OF MINNESOTA) ss COUNTY OF HENNEPIN ) I he f ing instilment was acknow day of 2,002, by Jr ' E. Far <P and by - te if/ of the City f Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. kz rrqtle./WiAllevetA zt A. PORTA OTARY MO-MiNNBOTA my OmmIssloa Etpifes an. 3% 2155 M,1.PwW4VirWommsAANWAryww?g -12- CITY COUNCIL AGENDA SECTION: Public Hearing DATE: April 26, 2005 DEPARTMENT/DIVISION: David Olson Public Works/Engineering ITEM DESCRIPTION: Vacation of Platted Easements In Lifetouch Addition, Vacation 05-01 ITEM NO.: VIII.A. Requested Action Move to: 1. Close the Public Hearing; and 2. Move to: Adopt a resolution vacating the Drainage and Utility Easements for Ponding Purposes in Lifetouch Addition. Synopsis The Property Owner has requested the vacation of all underlying easements within the Lifetouch Addition plat to remove possible encumbrances to the replat of the property, Lifetouch 2 nd Addition. The replat approved by the City Council on March 15, 2005, includes the dedication of replacement easements. The Property Owner will also provide recordable documents for a walkway/trail easement and a conservation easement. Background Information The combination and replat of this property results in the possible duplication and overlap of easements. The vacation is recommended to remove the encumbrance. Attachments • Resolution • Location Map • Plat of Lifetouch Addition • Plat of Lifetouch 2 nd Addition • Lifetouch 2' Addition Sidewalk & Trail Easement Exhibit • Published Notice • Mail List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2005- VACATION OF PLATTED EASEMENTS IN LIFETOUCH ADDITION VACATION 05-01 WHEREAS, the City of Eden Prairie has certain drainage and utility easements and drainage easements for ponding purposes described as follows: All Drainage and Utility Easements and Drainage Easements for Ponding Purposes as platted in Lifetouch Addition, recorded in the Office of the County Recorder, Hennepin County, Minnesota. WHEREAS, a public hearing was held on April 26, 2005, 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 and Drainage Easements for Ponding Purposes has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Drainage and Utility Easements and Drainage Easements for Ponding Purposes are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Drainage and Utility Easements and Drainage Easements for Ponding Purposes as above described are 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 April 26, 2005. Nancy Tyra-Lukens, Mayor SEAL ATTEST: Kathleen Porta, City Clerk LOCATION MAP NORTH VAC. 05-01 1"3. I LIFETOUCH ADDITION ALL PLATTED "DRAINAGE AND UTILITY EASEMENTS" AND "ALL DRAINAGE EASEMENT FOR PONDING PURPOSES" REQUESTED TO BE VACATED FR' DOG. NO P._ Dlr.. LAW wagraWirfana= Vag ' anter A •‘-* krISIMAINf BLOCK NORM/ 4wos„,;--- L OHNE 4.11 434 irsolf 09 wan simian 'off I* • ft* VAC. 05-01 P S . 2- SMETANA • L AK E • 11•••• • Mk% '71•6,/p S.- DRIVE HO. 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VAC. 05-01 - P3. 4- VACATION 05-01 NOTICE OF VACATION OF PLATTED EASEMENTS IN LIFETOUCH ADDITION Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Center, 8080 Mitchell Road, Eden Prairie, Minnesota, on April 26, 2005 at 7:00 p.m. to hear all persons present upon the proposed vacation of platted easements in Lifetouch Addition described as follows: All Drainage and Utility Easements and Drainage Easements for Ponding Purposes as platted in Lifetouch Addition, recorded in the Office of the County Recorder, Hennepin County, Minnesota. By Order of the City Council Published in the Sun Current on April 7, 2005 MAILING LISTING VACATION REQUEST 05-01 A copy of the Public Hearing Notice is to be sent to owners of the following parcels: 12 116 22 33 0006 13 116 22 21 0010 (Applicant) 13 116 22 21 0011 (Applicant) 13 116 22 22 0014 (Applicant) Private Utility Companies do not need notification of this request. VACATION 05-01 NOTICE OF VACATION OF PLATTED EASEMENTS IN LIFETOUCH ADDITION Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Center, 8080 Mitchell Road, Eden Prairie, Minnesota, on April 26, 2005 at 7:00 p.m. to hear all persons present upon the proposed vacation of platted easements in Lifetouch Addition described as follows: All Drainage and Utility Easements and Drainage Easements for Ponding Purposes as platted in Lifetouch Addition, recorded in the Office of the County Recorder, Hennepin County, Minnesota. By Order of the City Council Published in the Sun Current on April 7, 2005 CITY COUNCIL AGENDA SECTION: Public Hearings DATE: 4/26/2005 SERVICE AREAJDIVISION: Community Development Janet Jeremiah John Gertz ITEM DESCRIPTION: Heritage Preservation Site Alteration Permit ITEM NO.: :-6 . REQUESTED ACTION Move to: • Adopt findi4gs for Site Alteration Permit #2005-01-0001 • Close the public hearing • Approve Heritage Preservation Site Alteration Permit #2005-01-0001 (J. R. Cummins House) SYNOPSIS The Heritage Preservation Commission has reviewed an application for a Site Alteration Permit for the J. R. Cummins House located at 13600 Pioneer Trail. The application is for repair or replacement of badly deteriorated features. Most of the work is for roof, gutter, masonry, porch and trim repair. Heritage Preservation Conunission Recommendation The Heritage Preservation Commission reviewed the Site Alteration Permit application and repair plans submitted by Miller-Dunwiddie Architects at its regularly scheduled meeting on March 21, 2005. The Commission voted in favor (5-0) of the repair plans and specifications, and recommends that the City Council approve the Heritage Preservation Site Alteration Permit. BACKGROUND Property Condition Assessment All of the repairs to the J. R. Cummins House were identified in the 2001 Historic Properties evaluation done by Miller-Dunwiddie Architects. The repairs have subsequently been included in the City's Capital Improvement Plan and scheduled for completion in 2005. The condition of the house has deteriorated due to lack of maintenance. The scheduled repairs will resolve many of the major exterior problems with masonry conditions; some urgently needed to rectify structural concerns. The house has exterior wood trim elements in various stages of deterioration that need either repair or replacement. Roofing repairs are overdue on the house and gutters need to be installed. The west porch will require major repair to remain serviceable. Historic Site Requirements A Heritage Preservation Site Alteration Permit is required to make any change in, on, or to a designated Heritage Preservation Site. The J. R. Cummins House is a designated Heritage Preservation Site, and also is listed on the National Register of Historic Places. All work proposed for the house must meet the Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. The Heritage Preservation Commission and staff reviewed all plans to ensure compliance with these standards. The City Council approves the Heritage Preservation Site Alteration Permit. ATTACHMENTS 1. Findings for Site Alteration Permit 2. Riley-Jacques House and J. R. Cummins House Repair Plans Submitted by Miller- Dunwiddie Architects 3. Heritage Preservation Site Alteration Perrnit FINDINGS SITE ALTERATION PERMIT # 2005-01-0001 J. R. CUMMINS HOUSE The City Council Finds that Site Alteration Permit #2005-01-0001 for repairs to the J. R. Cummins House meets the following criteria in City Code, Section 11.05, Subd. 5. C. Criteria 6: Deteriorated architectural features shall be repaired rather than replaced whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications offeatures, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. Criteria 7: The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage historic building materials shall not be undertaken. Plans and specifications prepared by Miller-Dunwiddie Architects have been reviewed for compliance with all applicable criteria and have been determined to meet the above criteria as referenced in City Code. The repair work has also been determined to meet the Secretary of the Interior's Standards and Guidelines for historic Preservation Projects. ADD ALTERNATES PROJECT TEAM OWNER CITY CF EDEN PRAIRIE EON MTCHELL ROAD EDEN PRAIRIE MN 54344 CONT4CT: JOHN GERTZ PH: 9524494454 FAX: 952 0494390 IBM2410Wmpn904-0 ,0 MESA] er1,44)21414 ADD ALT. #1 ROOF INSUIATION AT THE RILEY-JACQUES FARMHOUSE ADD ALT. #2 DOOR S WINDOW REPAIRS AT THE RILEYLIACOUES FARMHOUSE B THE J R CUMMINS FARMHOUSE ADD ALT. #3 PAWING AT TIE RILEY-JACQUES FARMHOUSES LINE J R. CUSIMINS FARMHOUSE ADD ALT. #4 RESTORATION OF THE WEST PORCH AT THE J R CUMMINS FARMHOUSE ADD ALT. #5 SAY WINDOW RESTORATION AT THE J R CUMMINS FARMHOUSE ADD ALT. #6 WOOD SHINGLE ROOF REPLACEMENT AT THE J R CUMMINS FARMHOUSE r. • • ARCHITECT MILLER DUNVADDIE ARCHITECTS 123 NORTH THIRD STREET. SUITE 104 AINNEAPOUS, MN 54101 CONTACT: JENNWER EASEL PH: 5124274000 FAX: 515431.0031 E-MAIL• 1MINNOWIMMunwIdeNcom STRUCTURAL ENGINEER MEYER. BORGMAN A JOHNSON. INC 1110 PLYMOUTH BLDG LIINNEnPOLIEL MN 13402 CONTACT: MIKE RAMERTH PH: E154354713 FAX: 612-3374205 EMAIL InavnedneatImp EDEN PRAIRIE, MINNESOTA 11=1.1111111.11111 19.01-062 arts 011nFla Om air 1.....erw.r. 1=1111.11.111 TITLE MEET wassigam T100 CODES BUILDING CODE INTERNATIONAL SUILDING COOE 2000 ROME AS ADOPTED BY THE STATE OF MINNESOTA 2003 ACCESSIBILITY CODE AMERICANS WITH DISABIUTIES ACT ACCESSIBIUTY GUIDEUNESULCIA.A.G.) 1990 ANSI MILT ACCESSIBILITY CODE MINNESOTA RULES CHAPTER 1341-1999 MATERIALS EOM EXISTING CONSTRUCTION ETSZEZI EARTH CAST-IN-PLACE CONE PRECAST CONCRETE CONCRETE BLOCK/ CMU SAND CONC. GYPSUM ME GRAVEL BALLAST RITUSENOUS STONE BRICK STEEL METAL STUE =MP-MOOD Win FINISH WOOD MEM] ROUGH WOOD OMB PARTICLE MARDI° II IT Eda BAT! INBULATION RISC INSULATION FOAM INSULATION GYPSUM BOARD 811=ea EXISTING WALL RILEY-JACQUES FARMHOUSE & J.R. CUMMINS FARMHOUSE REPAIRS 11111111119 DUNWIDD1E .011.0111.11MOVAVON 1.101.10Unl...06 IllnirtakM11114611i1 eliartteall 6112170041, valunlibrt*Sum. RILEY-JACQUES FARMHOUSE - J.R. CUMMINS FARMHOUSE - 9110 RILEY LAKE ROAD 13600 PIONEER TRAIL EP0301-BG2 LOCATION MAP GENERAL NOTES 1 CONTRACTOR SHALL EMU] VERIFY EXISTING CONDITIONS AND DIMENSIONS. AND REPORT ANY DISCREPANCIES TO THE ARCHITECT. CONTRACTOR SHALL BEAR ALL COSTS ASSOCIATED FOR CHANGES DUE TO FAILURE TO REPORT IBSCREPANCES DOCUMENTS RASED ON OWNERSUPPUEO BACKGROUNDS S. THE OWNER WILL REMOVE ALL FURNITURE. EQUIPMENT NC SUPPLIES FROM THE PROJECT AREA PRIOR TO START OF WORK UNLESS OTHERWISE NOTED 3. COORDINATE WATER ACCESS WITH OWNER LABOR MID MATERIAL TO FACIUTATE HOOK-UP PROVIDED BY THE CONTRACTOR. WATER WILL SE PROVIDED ST THE OWNER WATER SUPPLY BEYOND CURRENT CAPACITY NALL BE AT THE CONTRACTORS EXPENSE B. COORDINATE ELECTRICAL ACCESS WITH OWNER LABOR AND MATERIAL TO FACLuTATE HOOK-UP PROVIDED BY THE CONTRACTOR POWER SUPPLY BEYOND 220 VOLTS AG 1 SINGLE PHASE WILL BE AT CONTRACTORS EXPENSE S. SEE SPECIFICATIONS AND DETAILS FOR LOCATIONS OF UNTREATED, PRESERVATIVE TREATED (TREATER, AND RRE.RESISTIVE TREATED IF T) LUMBER AND PLYWOOD II STAGING AREA SURFACES TO BE REPAIRED UPON COMPLETION OF PROJECT BY CONTRACTOR SHEET INDEX GENERAL T100 TITLE SHEET. SHEET INDEX. ABBREVIATIONS. GENERAL NOTES, LOCATION MAP. MATERIALS AND PROJECT TEAM ARCHITECTURAL RILEY-JACQUES FARMHOUSE 5.1100 KEY PLANE PHOTOS, DETAILS RJ200 EXTERIOR ELEVATIONS J R CUMMINS FARMHOUSE 0100 FLOOR PLANS C170 ROOF PLAN CEO NORTH S WEST EXTERIOR ELEVATIONS C301 SOUTH 6 EAST EXTERIOR ELEVATIONS '4111[101,.=:1n10.1WW/I Off ...1..11.11q01,101.110.111.11.1, lalthIOMMIX/IMIMAMIMICI RoLIMI MNNIISCrew. RILEY-JACQUES FARMHOUSE AND J.R. 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ES ©SOUTH ELEVATION IH I F.' I 4:41, 1111111111111101 Permit # 2005-01-0001 City of Eden Prairie Application for Heritage Preservation Site Alteration Permit I. Property Location Name: J. R. Cummins House Address: 13600 Pioneer Trail SHP() Site Number: HE-EPC-004 IL Applicant Name: City of Eden Prairie Address: 8080 Mitchell Road Eden Prairie, MN 55344 Phone: 952-949-8300 III. Property Owner Name: City of Eden Prairie Address: Same Phone: Same IV. Contractor/Architect Performing Work Name: Miller-Dunwiddie Architects Address: 123 North Third Street, Suite 104, Minneapolis, MN 55401-1657 Phone: 612-337-0000 V. Project Description: Repair and reconstruction of deteriorated features on the house, primarily the exterior. Most of the work consists of urgently needed repairs to the roof, masonry, foundation and wood trim that are dilapidated, missing or structurally unstable. IV. Materials to be included with Application: (see attachment) Permit Application received: 3/21/2005 Type of Work (Minor/Major): Major Permit Fee amount: N/A This permit is permissive only and does not release the Permittee from any liability or obligation imposed by City Code, Minnesota Statute or Federal Law. G:\Comm. Dev \HPC - Heritage Pres. Commission\Site Alteration Perrnits\J. R. Cummins House Site Alteration Permit 2005.doc N/A CITY OF EDEN PRAIRIE By Its Nancy Tyra-Lukens, Mayor By Its Scott H. Neal, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2005, by Nancy Tyra-Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public GAComm. Dev\HPC - Heritage Pres. Commission\Site Alteration Pennits U. R. Cummins House Site Alteration Permit 2005.doc CITY COUNCIL AGENDA SECTION: Public Hearings DATE: 4/26/2005 SERVICE AREA/DIVISION: Community Development Janet Jeremiah John Gertz ITEM DESCRIPTION: Heritage Preservation Site Alteration Permit ITEM NO.: .M . .0 . REQUESTED ACTION Move to: • Adopt Findings for Site Alteration Permit #2005-02-0004 • Close the public hearing • Approve Heritage Preservation Site Alteration Permit #2005-02-0004 (Riley-Jacques House) SYNOPSIS The Heritage Preservation Commission has reviewed an application for a Site Alteration Permit for the Riley-Jacques House located at 9100 Riley Lake Road. The application is for repair or replacement of badly deteriorated features. Most of the work is for roof, masonry, foundation and trim repair. Heritage Preservation Commission Recommendation The Heritage Preservation Commission reviewed the Site Alteration Permit application and repair plans submitted by Miller-Dunwiddie Architects at its regularly scheduled meeting on March 21, 2005. The Commission voted in favor (5-0) of the repair plans and specifications, and recommends that the City Council approve the Heritage Preservation Site Alteration Permit. BACKGROUND Property Condition Assessment All of the repairs to the Riley-Jacques House were identified in the 2001 Historic Properties evaluation done by Miller-Dunwiddie Architects. The repairs have subsequently been included in the City's Capital Improvement Plan and scheduled for completion in 2005. The condition of the house has deteriorated due to lack of maintenance. The scheduled repairs will resolve many of the major exterior problems with masonry conditions; some urgently needed to rectify structural concerns. The house has exterior wood trim elements in various stages of deterioration that need either repair or replacement. Roofing and gutter repairs are overdue on the house. The foundation under the kitchen addition is beyond repair and will need replacement. Historic Site Requirements A Heritage Preservation Site Alteration Permit is required to make any change in, on, or to a designated Heritage Preservation Site. The Riley-Jacques House is a designated Heritage Preservation Site. All work proposed for the house must meet the Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. The Heritage Preservation Commission and staff reviewed all plans to ensure compliance with these standards. The City Council approves the Heritage Preservation Site Alteration Permit. ATTACHMENTS 1. Findings for Site Alteration Permit 2. Riley-Jacques House and J. R. Cummins House Repair Plans Submitted by Miller- Dunwiddie Architects 3 Heritage Preservation Site Alteration Permit SHEET INDEX GENERAL TIM TITLE SHEET. SHEET INDEX. ABBREVIATIONS. GENERAL NOTES. LOCATION MAP, MATERIALS AND PROJECT TEAM ARCHITECTURAL RILEY-JACQUES FARMHOUSE MICR KEY PLANS, PHOTOS, DETAILS RJ200 EXTERIOR ELEVATIONS J R CUMMINS FARMHOUSE 0100 FLOOR PLANS 0170 ROOF PLAN C300 NORTH EWES? EXTERIOR ELEVATIONS C201 SOUTH B EAST EXTERIOR ELEVATIONS InococooNnor NoLL amorous KINOMMICCONIne0....1" n.1% 111.10 lannteSei/. 1M11211111111111=1111 RILEY-JACQUES FARMHOUSE AND J.R. CUMMINS FARMHOUSE REPAIRS SAND CONC. GYPSUM MENI GRAVEL. BALLAST 11 BITUMINOUS •F1"137-14:, STONE BRICK STEEL METAL STUD PLYWOOD IMES FINISH WOOD MEM ROUGH W000 MEE PARTICLE BOARLPO S B MEM BATE INSULATION N....6'M ROO INSULATION FOAM mums P1.22;6242 r• • • • RILEY-JACQUES FARMHOUSE & J.R. CUMMINS FARMHOUSE REPAIRS DUNWIDDIE ANOOTICOM LLYNO0O 121.1sOCILLAoolt“ *mock OPLOLLSO7 IC UMW= 011irMOL wolLoCholumiLlsomol RILEY-JACQUES FARMHOUSE - J.R. CUMMINS FARMHOUSE - 911.0 RILEY LAKE ROAD 1.3600 PIONEER TRAIL EP0301-BG2 LOCATION MAP GENERAL NOTES 1 CONTRACTOR SHALL FIELD VERIFY EXISTING CONDITIONS AND DIMENSIONS, AND REPORT ANY DISCREPANCIES TO THE ARCHITECT CONTRACTOR SHALL BEAR ALL COSTS ASSOCIATED FOR CHANGES DUE TO FAILURE TO REPORT DISCREPANCIES DOCUMENTS EASED ON OWNERSUPPUED BACKGROUNDS 3. THE OWNER WILL REMCNE ALL FURNITURE, EQUIPMENT. AND SUPPLIES FROM THE PROJECT AREA PRIOR TO START OF WORK UNLESS OTHERWISE NOTED 3. COORDINATE WATER ACCESS WITH OWNER LABOR MED MATERIAL TO FACILITATE HOOK.UP PROVIDED BY THE ODNTRACTOR. WATER WILL BE PROVIDED BY THE OWNER WATER SUPPLY BEYOND CURRENT CAPACITY WILL. BE AT THE CONTRACTORS EXPENSE 4. COORDINATE ELECTRICAL ACCESS WITH OWNER. LABOR AND MATERIAL TO FACIUTATE HOOKUP PROVIDED Et THE CONTRACTOR POWER SUPPLY BEYOND 220 VOLTS AC (SINGLE PHASE WILL BE AT CONTRACTORS EXPENSE S. SEE SPECIFICATIONS AND DETAILS FOR LocAnoNs OF UNTREATED. PRESERVATIVE TREATED (TREATED). AND FIRE-RESISTIVE TREATED (F NT LUMBER AND PLYWOOD 0 STAGING AREA SURFACES TORE REPAIRED UPON COMPLETION OF PROJECT BY CONTRACTOR EDEN MANSE MINNESOTA MATERIALS 11156311 EXISTING CONSTRUCTION INgigi imam CAST-IN-PLACE CONC PRECAST CONCRETE • CONCRETE 'Rom(0 cup • . GYPSUM BOARD EME1 EXISTING WALL ADD ALTERNATES ADD ALT. #1 ROOF INSULATION ATTIRE RILEY.JACQUES FARMHOUSE ADD ALT #2 DOOR N YANDOW REPAIRS AT THE RILEY-JAG:KIES FARMHOUSE LI THE JR CUMMINS FARMHOUSE ADD ALT. #3 PAINTING AT THE REETAACOUES FARMHOUSE THE J R. CUMMINS FARMHOUSE ADO ALT. #4 RESTORATION OF THE WEST PORCH AT THE J R CUMMINS FARMHOUSE ADD ALT. #5 BAY WINDOW RESTORATION At THE J R CUMMINS FARMHOUSE ADD ALT. #6 WOOD SHINGLE ROOF REPLACEMENT AT THE J R CUMMINS FARMHOUSE CODES BUILDING CODE INTERNATIONAL BUILDING CODE DOW MYRON AS ADOPTED BY THE STATE OF MINNESOTA 2003 ACCESSIBILITY CODE AMERICANS WITH DISAINIJTIES ACT ACCESMBIUTY GUIDEUNES(A.DA.A.G4 1993 ANSI A-117 ACCESSIBIUTY CODE MINNESOTA RULES CHAPTER 1341-1999 PROJECT TEAM OWNER CITY CF EDEN PRAIRIE 00E0 PATCHEU. ROAD EDEN PRAIRIE, MN 56344 CONTACT: JOHN GERTZ PH: 5525494454 FAX: 55244941350 E4AMIJ kmAthImo.owft.ni ARCHITECT MAUER DUNWIDDIE ARCHITECTS 123 NORTH THIRD STREET. 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CCII ,P7r ow Po wxrso.r.0 eV.= COMPIETIM000 IVAIERMOIN mamma ay% animus Oz. nausea (77:1 utom Fnatnto 670.10.1101 .10114 COL OIMIt 0•95 111=1111111111 ROOF PLAN& DETAJLS • mamemm C170 Cg,11=mati, Et> 10.741 VES00 NORTH ELEVATION KIDS DUNWIDDIE AMIIIMLISA / POI IWAT1011 J LIAIK411.1411.1011 lboomelk1111.41.1647 RAILMOISSI ALWATAMI •*1 IWRIMINIMIGHS11.1.1.110a.1. GIOSM01.3 n4144.11n 11(011.4.1 IMICIIIILPOMNTROM1.11 •Inkt MillOWNPRIVIIMM..11n11 . T. VAT! 01,01.1.1113TA OWL MI* RILEY-JACQUES FARMHOUSE AND J.R. CUMMINS FARMHOUSE REPAIRS EDEN PRAIRIE. MINNESOTA elltAAL IAA NIL IIP•11/14142 ALIP31124.A0)1 HID 77. =Ism C200 Ilt1J 913012E1,.....).Eg1511 GT _14,1 C I n TI 111 01111,!, ITICSIT7] 0 MoDa.I.X.M.S. 111=111.111. EXTERIOR ELEVATIONS EXTERIOR ELEVATION KEY NOTES FOR TOUR CUMMINS mouse ED Ig=. MAACK lr 010.1.100W OUVIAI CD “Con141 (.0 ALT 0-Aw1 ED Z.1,41.1;;ZZI141.11 nARGING 7g.A. ED I2141.2.7 ,1rOCIW W611 COVIA IMCAVAT'A CD MOH =RAVE pm.* ED MOW r1-11M0000KIIILIGHT MAIM ED ADO AO a - am,. OLOPOWIIIICOMIACTIEW E) IZA,Cg= AMA AI WOOD 30i/Ir Imo CD 42 AL7.4.1.411:110:01101.111.411 WI STAIR Up' MAT% 1.15 AtIOCIR ISACIOIL A 3.01(IrC" 131) Accra •nn . =cart max. see :dm as, ...wt.:. MINA. IMMO NM ID ZEI"HtlVg:=ICIT S"'" W'''' CONSOLIAIART a wow. Annum A 4.1•47.13 • Num. If PANELS AMA AMINO. RERIALI MI WNW. AIM, AIX PA ,AA.I no, LE, :ZIA= %TATE 1,1,7 METAL FLAANINO A BD i .0,70. WWII IS MAW AMMO. iir, MIA° mot:mm.1mm PIA081.1• I01010441 IIIIIILAll 'ITIT= ilt pa MAW. COM RAM 11.. 41C1111 gE, OISITZIROO. MS Of 01.0.111 NUL. VrtrII GENERAL NOTES: I) IMMIX AU WOMIti011 ma norm...nor me WITERICIICA Tie AR MAW. MAMMY AS INLAAW AM AMMO- I 4 OALVANIM MAL APATTA/1 NO PEAVIAWOUTIBWITI PP SilliMA10.1111, NO COIN RIALOCA110011 3.1 RAPOPIT MISS (MR APANOMMIN MOT AttILIMADI ilA ADO PO OS • RUNK ALL NOOOWNSON MGM MO OAOLOW06.1.1/111W000 CONSOLIDAIff NO PALM IILISACE ALL ALAMO 0000130110. W. ALt SA . MOWN II PAINT ALL11177.011•MACSIII LI MO ILLT IR 40/fINIVI WPM ANO SAM AU WOOD MAORI MO IMAMS A6C131911100010POW0RE 14 MADAM In -RPM! W000 DellARIOLD Ng WiIIII.V111.1". AT W. MOM 74 MO ALT. IQ .1.141.A16 A MAT ALL WOCO nalA MCA A110110117111 AVIS.. AtIALATATOMPAGIA1100, VIA 1.11MICAA WASH a) nom ROOF ROOS SAMSON a EMMY. EXTERIOR ELEVATION KEY NOTES FOR TNSJ A CUMMINS House: ID MO ALT Irl• ',MACE PORWMOOWillAr.10 CD .X.M.P.170 ALT ISI.PAM1 ID ID AZ:4:1Z0000 mu comp ISACWATe ED, .............. => ACO AU a - mottomm ow mune DOODLE rt -*swan ow ram comscnow CD ED 7:727M/140M IN NOM mom 1/00 ID :MIA: "rnfo,:r.c.jue Am rnun ED En}ma 114 M.! l' Ali -COM An1 Me MCICO ED mule:« TO IMTL-11 IalIMNO ON WU r,n. MO ALT NI . MOINE Pmet.filaPP.• MOO ...,,, PAMI.3 MISMELOW. PATEN WHOOP° COMOMMT A FrOXV,PIMMO 11. (AM Art.19 • PAM) IP eAmLII/m AMOM,IMMLO PM SNCOM AI/DOW 413.PADM utt, MOKrOCCIA1101.2 POW 121 MATCP gi} rAMM:trE 7.0./E/AL AMMO. a GE, MS11110,00 IMMO TO PATCP 611MIPOL RE, P6Miling.COPAP, ETZUMACE LW DIED MUMAPCO MHAMVAT MCC FM imp MUM COM OWED ME MC1011 CD MUCK 11110MN Pomo/ auss...ruca Wm. OININAL NOM I.) MOMS An WM< POO I'M INVIMPAPON OF TIC COMICO Or PIP M. =WM rAMOOMP A/1MM Ac—IM 1.) UV/MUM MIL MOM MO MWMPOUTS WITH ea. 1101941014711. au cam. after-Anon 3.1 MIVINt MS MICK MOM FOPMMON POT INCLUCOM .1 ADO Ali O .RMAIII ALL WCOO MMOW MOM MO M01.411, OM.= coracwoomr um puma PIEPLICEM-01ADM COIOVUXO. pop ALT ICI - IMPAM • NOP ALL ISVMPOR MIVAIMIn Li MONS Ft .MMIMI WM.> MALINAWOM MOPS me fp/M14101CCOMPON oMm/All ill AM ALT.S2•11.M.KtIMOO POMPOM ANO WENIIMMOpop AT M.0000S II MP A1.1....MMANO A omerm. WOOD PM IMMO no somn. II NOOK MARANON MON NCO, WI MIEMCM. WANT 1.1 MUM OMIRIME 4 tRASPIM 0 CIPIAMY3 AtclOPteriA0 / 1,10.11VAPPN 3.11.0111“...0.1 Mom. 01,MONOLUff miltrIlaCO 012-SIMPli womurlidenlaelli" 11111.41111.111K1 mow mama gummy mrarownnug lOYMMIIIMIMODIUSINTIer TM SUM cm. komMoTA. Aosta 111=11111n1111 RILEY-JACQUES FARMHOUSE AND J.R. CUMMINS FARMHOUSE REPAIRS EDEN PRAIRIE. MINNESOTA ENN EXCID1401( WOO. 241.2035 -Mt © SOUTH ELEVATOR I ,o0 41. flPTJffI fe;;;) SAY WINDOW PANEL • A00 ALT. SS 631 <61'121 ii ‘11J111/1/ Li CUED EEl 002 EOM DuNNYADDIE oltiMPt CIA Qat, w000rmAmmo. INSEM.111111.11 EXTERIOR ELEVATIONS PM FOR /401Poll POLON mossznam C201 11.7k ST ON Nu . FINDINGS SITE ALTERATION PERMIT # 2005-02-0004 RILEY-JACQUES HOUSE The City Council Finds that Site Alteration Permit #2005-02-0004 for repairs to the Riley-Jacques House meets the following criteria in City Code, Section 11.05, Subd. 5. C. Criteria 6: Deteriorated architectural features shall be repaired rather than replaced whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. Criteria 7: The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage historic building materials shall not be undertaken. Plans and specifications prepared by Miller-Dunwiddie Architects have been reviewed for compliance with all applicable criteria and have been determined to meet the above criteria as referenced in City Code. The repair work has also been determined to meet the Secretary of the Interior's Standards and Guidelines for historic Preservation Projects. Permit # 2005-02-0004 City of Eden Prairie Application for Heritage Preservation Site Alteration Permit I. Property Location Name: Riley-Jacques House Address: 9100 Riley Lake Road SHP() Site Number: HE-EPC-007 II. Applicant Name: City of Eden Prairie Address: 8080 Mitchell Road Eden Prairie, MN 55344 Phone: 952-949-8300 III. Property Owner Name: City of Eden Prairie Address: Same Phone: Same IV. Contractor/Architect Performing Work Name: Miller-Dunwiddie Architects Address: 123 North Third Street, Suite 104, Minneapolis MN 55401-1657 Phone: 612-337-0000 V. Project Description: Repair and reconstruction of deteriorated features on the house, primarily on the exterior. Most of the work consists of urgently needed repairs to the roof, masonry, foundation and wood trim that are dilapidated, missing or structurally unstable. IV. Materials to be included with Application: (see attachment) Permit Application received: 3/21/2005 Type of Work (Minor/Major): Major Permit Fee amount: N/A This permit is permissive only and does not release the Pennittee from any liability or obligation imposed by City Code, Minnesota Statute or Federal Law. G:\Comm. Dev \HPC - Heritage Pres. Commission\ Site Alteration Permits \Riley House Site Alteration Permit 2005.doc N/A CITY OF EDEN PRAIRIE By Its Nancy Tyra-Lukens, Mayor By Its Scott H. Neal, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2005, by Nancy Tyra-Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public GAComm. Dev \HPC - Heritage Pres. Conunission\Site Alteration Pennitsailey House Site Alteration Permit 2005.doc CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: April 26, 2005 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance ITEM DESCRIPTION: Payment of Claims ITEM NO.: IX. Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 140157 - 140529 Wire Transfers Background Information Attachments City of Eden Prairie Council Check Register 4/26/2005 Check 4 Amount Vendor / Explanation Account Description Business Unit 140157 140158 140159 140160 140161 140162 140163 140164 140165 140167 140168 140169 140170 140171 140172 140173 140174 140175 140176 140177 140178 140179 140180 140181 140182 140183 140184 140185 140186 140187 140188 140189 140190 140191 140192 140193 140194 140195 140201 140202 140203 140204 140205 140206 140207 140208 140209 140210 140211 140212 140213 140214 140215 140216 140217 140218 140219 140220 140221 140222 140223 140224 140225 586 ADMINISTRATION RESOURCES CORP 300 AMEM 595 AMES CONSTRUCTION INC 15 ANCHOR PAPER COMPANY 301 CRACAUER, CLIFF 128 DANEK, JR, STEVEN A 6 DAVIDSON, DEBORAH 539 DELLIQUANII, JULIE 240 GE CAPITAL 977 GENUINE PARTS COMPANY 186 HANLON, KIM 94 ICANG, RANA 15 ICHELAH, HEATHER 29 KRAEMERS HARDWARE INC 65 KRESS, CARLA 373 MINNESOTA HORSE & HUNT CLUB 120 MORTON, TAMMARA 30 MPSA 30 POWELL, DIANE 591 PREMIER SERVICES 2,691 QWEST 11,621 ROCHESTER FORD TOYOTA 55 SZYMBORSIU, DALE 776 WE LAHR COMPANY 16 W GORDON SMITH COMPANY, THE 1,608 XCEL ENERGY 270 AARP 55 ALIVE MATURE DRIVING 1,805 ARCH PAGING 240 BCA/TRAINING & DEVELOPMENT 110 BROOKLYN PARK POLICE DEPARTMEN 511 BROWNING, RYAN 1,000 CONTINUING EDUCATION 198 CUB FOODS EDEN PRAIRIE 63 EDENWOOD CENTER 550 JOHN REID AND ASSOCIATES 100 KLOC, JERALD G 30 MENARDS 175 MINNESOTA VALLEY ELECTRIC COOP 400 PETTY CASH-POLICE DEPT 100 PLOTNIK, CAROL 141 PORTA, KITTY 36 QWEST 4,219 SHERATON MINNEAPOLIS WEST 100 SOLHEID, CHARLES 5,675 STANDARD INSURANCE CO 100 TURNER, IRENE M 315 PETTY CASH-POLICE DEPT 132 BRUNSWICK BOWLING LANES 10,318 CENTERPOINT ENEGY 408 CHAWLA, SANJAY 5,650 ELAN FINANCIAL SERVICES 564 HENNEPIN COUNTY TREASURER 5,759 HENNEPIN SOUTH SERVICES COLLAB 95 HOGHAUG, JEAN 2,745 IND SCHOOL DIST 272 23 KEATING, MARY 38 KESTER, EVELYN 197 ICINKO'S 29 KRAEMERS HARDWARE INC 1,854 MINN CHILD SUPPORT PAYMENT CTR 495 MINNESOTA SAFETY COUNCIL 317 PADELFORD PACKET BOAT CO INC 59 QUICKSILVER EXPRESS COURIER Other Contracted Services Dues & Subscriptions Deposits Office Supplies Mileage & Parking Other Contracted Services Lessons & Classes Instructor Service Other Rentals Equipment Parts Office Supplies Program Fee Program Fee Building Repair & Maint. Mileage & Parking Other Contracted Services Other Contracted Services Conference Expense Program Fee Deposits Telephone Autos Outside Water Sales Equipment Parts Operating Supplies Electric Other Contracted Services Pager & Cell Phone Tuition Reimbursement/School Tuition Reimbursement/School Other Hardware Tuition Reimbursement/School Operating Supplies Operating Supplies Tuition Reimbursement/School Refunds Repair & Maint. Supplies Electric Miscellaneous Refunds Mileage & Parking Telephone Operating Supplies Refunds Life Insurance EE/ER Refunds Travel Expense Special Event Fees Gas AR Utility Miscellaneous Operating Supplies Other Contracted Services Program Fee Other Contracted Services Operating Supplies Program Fee Printing Operating Supplies Garnishment Withheld Conference Expense Special Event Fees Postage Finance Fire Escrow General Fleet Services Classes/Programs/Events Pool Lessons After School Programs General Fleet Services Fire Special Events & Trips Preschool Events Park Maintenance Senior Center Administration Police Leisure Education Park Maintenance Outdoor Center Escrow City Hall - CAM General Government Water Enterprise Fund Fleet Services Park Maintenance Sewer Liftstation Classes/Programs/Events Wireless Communication Police Police Information Technology Police Reserves Senior Board Police Environmental Education Sewer Liftstation Sewer Liftstation Liquor Compliance Environmental Education City Manager Sewer Liftstation Red Hat Environmental Education Health and Benefits Environmental Education Police Teen Programs Fire Station #1 Water Enterprise Fund City Council Planning Housing, Trans, & Human Serv Preschool Events Housing, Trans, & Human Serv Housing, Trans, & Human Serv Red Hat Emergency Preparedness Street Maintenance General Fund Risk Management Classes/Programs/Events Communication Services Check # Amount Vendor / Explanation 140226 140227 140228 140229 140230 140231 140232 140233 140234 140235 140236 140237 140238 140239 140240 140241 140242 140243 140245 140247 140248 140249 140250 140251 140252 140253 140254 140255 140256 140257 140258 140259 140260 140261 140262 140263 140264 140265 140266 140267 140268 140269 140270 140271 140272 140273 140274 140275 140276 140277 140278 140279 140280 140281 140282 140283 140284 140285 140286 140287 140288 140289 140290 140291 140292 140293 140294 150 RICHARDSON, JIM 3 STAR TRIBUNE 1,459 US POSTMASTER - HOPKINS 20 WINE ENTHUSIAST 2,317 XCEL ENERGY 81 ACE ICE COMPANY 135 AMERIPRIDE LINEN & APPAREL SER 5,104 BELLBOY CORPORATION 147 CAT & FIDDLE BEVERAGE 6,066 DAY DISTRIBUTING 2,538 EAGLE WINE COMPANY 5,158 EAST SIDE BEVERAGE COMPANY 128 EXTREME BEVERAGE 51 FRED 547 GRAND PERE WINES INC 1,143 GRAPE BEGINNINGS 9,929 GRIGGS COOPER & CO 1,275 HOHENSTEINS INC 24,391 JOHNSON BROTHERS LIQUOR CO 13,131 MARK VII 427 MIDWEST COCA COLA BOTTLING COM 574 NEW FRANCE WINE COMPANY 8,099 PAUSTIS & SONS COMPANY 12,761 PHILLIPS WINE AND SPIRITS INC 6,879 PRIOR WINE COMPANY 23,919 QUALITY WINE & SPIRITS CO 333 SPECIALTY WINES AND BEVERAGES 11,558 THORPE DISTRIBUTING 705 Till COUNTY BEVERAGE & SUPPLY 303 TRUE FABRICATIONS 450 VINTAGE ONE WINES INC 2,001 WINE COMPANY, THE 3,422 WINE MERCHANTS INC 687 WINE SOURCE INTERNATIONAL 2,223 WORLD CLASS WINES INC 80 A MEYER'S ENTERPRISES INC 270 AARP 55 ALIVE MATURE DRIVING 7,015 BFI 252 CAMPBELL KNUTSON, PA. 495 CAMPOS, LORI 630 CARDIAC SCIENCE INC 113 CHANHASSEN, CITY OF 895 COLLABORATIVE, THE 45 CULLIGAN BOTTLED WATER 178 DMX/MINNEAPOLIS 152 EDEN PRAIRIE CHAMBER OF COMMER 690 EDEN PRAIRIE FIREFIGHTER'S REL 45 FIRE FINDINGS 148 GE CAPITAL 56 GINA MAMAS INC 108 HENNEPIN COUNTY TREASURER 7,333 HENNEPIN COUNTY TREASURER 4,769 METRO SALES INCORPORATED* 369 MINNESOTA MUNICIPAL BEVERAGE A 105 MINNESOTA STATE FIRE RESCUE SC 1,817 MINNESOTA VALLEY ELECTRIC COOP 24,642 MOBILE RADIO ENGINEERING 116 MORROW, JAMES 237 MOTOROLA 30 PRIORITY COURIER EXPERTS 2,488 QWEST 80 RIVERLAND COMMUNITY COLLEGE 2,436 ROSS, DEB 100 SALMELA, DAVID 63 SBC PAGING SERVICES 565 SEARS COMMERCIAL ONE 169 ST PAUL, CITY OF Account Description Operating Supplies Misc Taxable Postage Dues & Subscriptions Electric Misc Non-Taxable Repair & Maint. Supplies Wine Imported Wine Imported Beer Wine Domestic Beer Misc Taxable Misc Taxable Wine Imported Wine Domestic Liquor Beer Misc Taxable Beer Misc Taxable Wine Domestic Wine Imported Wine Domestic Wine Domestic Transportation Wine Imported Beer Beer Misc Taxable Wine Domestic Wine Domestic Wine Domestic Wine Imported Wine Domestic Instructor Service Other Contracted Services Other Contracted Services Legal Instructor Service Equipment Repair & Maint Special Event Fees Dues & Subscriptions Operating Supplies Other Contracted Services Dues & Subscriptions Union Dues Withheld Dues & Subscriptions Other Rentals Operating Supplies Operating Supplies Board of Prisoner Other Rentals Conference Expense Tuition Reimbursement/School Electric Other Assets Operating Supplies Equipment Repair & Maint Equipment Repair & Maint Telephone Tuition Reimbursement/School Other Contracted Services Other Contracted Services Pager & Cell Phone Supplies - General Bldg Awards Business Unit Summer Skill Development Den Road Liquor Store Water Accounting Den Road Liquor Store Traffic Signals Prairie View Liquor Store Prairie View Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie View Liquor Store Prairie View Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Den Road Liquor Store Prairie Village Liquor Store Outdoor Center Classes/Programs/Events Recycle Rebate WAFTA Outdoor Center Police Special Events & Trips Economic Development Fire Prairie View Liquor Store Prairie View Liquor Store General Fund Police General Reserves Planning Police General Prairie Village Liquor Store Fire Riley Lake Wireless Communication Police Finance Fleet Services E-911 Program Fire Cummins House Special Events Arts Initiative Sewer Liftstation Community Center Maintenance Street Maintenance Check # Amount Vendor! Explanation 140295 140296 140297 140298 140299 140300 140301 140302 140303 140304 140305 140306 140307 140308 140309 140310 140311 140312 140313 140314 140315 140316 140317 140318 140319 140320 140321 140322 140323 140324 140325 140326 140327 140328 140329 140330 140331 140332 140333 140334 140335 140336 140337 140338 140339 140340 140341 140342 140343 140344 140345 140346 140347 140348 140349 140350 140351 140352 140353 140354 140355 140356 140357 140358 140359 140360 140361 220 TIME WARNER CABLE 7 UPS 668 VERIZON DIRECTORIES CORP 200 WILDER, LOIS 45 YOUNG, PHIL 300 YOUNGHANS, NEAL 2,150 ASPEN WASTE SYSTEMS INC. 80 BARNO, PHYLLIS 34 BARTA, PETE 5,691 BATON CORPORATION 650 BOARD OF WATER & SOIL RESOURCE 2,000 BORG, STEVE 1,062 C M ARCHITECTURE PA 8 CHARLES, JACKI 1,324 DELL 171 DMX/MINNEAPOLIS 22,281 DODGE OF BURNS VILLE 150 EDEN PRAIRIE FOOD SERVICES 12,319 ELK RIVER FORD 80 EMPLOYERS ASSOCIATION INC 262 ENSTAD, TERRANCE 167 FREITAS, MARIA 310 GOETTSCH, JACK 17 HENNEPIN COUNTY ATTORNEY'S OFF 150 HERZIG, DAVID 62 HOMBOE, CYNTHIA 980 HOME DEPOT CREDIT SERVICES 100 JESTER, DAN 1,161 LAMETTRYS COLLISION 796 MEALS ON WHEELS 201 METRO FIRE 80 METRO SALES INCORPORATED* 79 MINNESOTA REAL ESTATE JOURNAL 30 MN APA 4,638 NILSSEN, BETH 473 OLD LOG THEATER 32 PETSMART 3,000 POSTAGE BY PHONE RESERVE ACCOU 39,323 ROCHESTER FORD TOYOTA 80 SOUTH CENTRAL TECHNICAL COLLEG 1,667 SOUTHWEST SUBURBAN PUBLISHING- 2,558 SOUTHWEST SUBURBAN PUBLISHING- 17 STAR TRIBUNE 1,013 STAR TRIBUNE 16 STATE OF MINNESOTA 2,850 TAUNTON, PAUL 600 UNCOMMON GATHERINGS 505 US POSTMASTER - HOPICINS 2,637 VANDENBERGHE, MARK 100 VOORHEES, MARK 44 WAYTEK INC 12 WEAVER, JOHN 100 WEBER, CYNTHIA 200 WERTS, SANDY 194 WOOD, ERNEST 190 XCEL ENERGY 113 ACE ICE COMPANY 88 AMERIPRIDE LINEN & APPAREL SER 102 ARCTIC GLACIER INC 6,940 BELLBOY CORPORATION 43 BRW ENTERPRISES 6,601 DAY DISTRIBUTING 3,043 EAGLE WINE COMPANY 14,521 EAST SIDE BEVERAGE COMPANY 668 GRAND PERE WINES INC 570 GRAPE BEGINNINGS 12,063 GRIGGS COOPER & CO Account Description Operating Supplies Postage Advertising Other Contracted Services Dues & Subscriptions Other Contracted Services Waste Disposal Cash Over/Short Outside Water Sales Deposits Conference Expense Tuition Reimbursement/School Deposits Program Fee Miscellaneous Other Contracted Services Autos Operating Supplies Autos Conference Expense Tuition Reimbursement/School Lessons & Classes Awards Miscellaneous Other Contracted Services Outside Water Sales Equipment Repair & Maint Refunds Equipment Repair & Mthnt Other Contracted Services Protective Clothing Equipment Repair & Maint Conference Expense Conference Expense Events/Admission Fee Special Event Fees Canine Supplies Postage Autos Tuition Reimbursement/School Employment Advertising Other Contracted Services Dues & Subscriptions Employment Support Test Operating Supplies Deposits Other Contracted Services Printing Travel Expense Refunds Operating Supplies Outside Water Sales Refunds Petty Cash & Change Funds Operating Supplies Electric Misc Non-Taxable Repair & Maint. Supplies Misc Non-Taxable Liquor Beer Beer Wine Domestic Beer Wine Imported Wine Domestic Liquor Business Unit Fire Fire Community Center Admin Classes/Programs/Events City Council City Council Fire Station #1 Prairie View Liquor Store Water Enterprise Fund Escrow Fund Storm Drainage In Service Training Escrow Afternoon Playground Information Technology Den Road Liquor Store Fire Records Management Police Human Resources In Service Training Oak Point Lessons Bocce DWI Forfeiture Purgatory Creek Recreation Are Water Enterprise Fund Park Maintenance Environmental Education Fleet Services Housing, Trans, & Human Serv Fire Information Technology Economic Development Planning Ice Show Trips Police General Police Police Human Resources Communication Services Prairie View Liquor Store Human Resources Fleet Services Escrow Cummins House Special Events Senior Center Administration Police Environmental Education Park Maintenance Water Enterprise Fund Environmental Education General Fund Fire Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Check # Amount Vendor / Explanation 140362 140363 140364 140365 140366 140367 140368 140369 140370 140371 140372 140373 140374 140375 140376 140377 140378 140379 140380 140381 140382 140383 140384 140385 140386 140387 140388 140389 140390 140391 140392 140393 140394 140395 140396 140397 140398 140399 140400 140401 140402 140403 140404 140405 140406 140407 140408 140409 140410 140411 140412 140413 140414 140415 140416 140417 140418 140419 140420 140421 140422 140423 140424 140425 140426 140427 140428 23,836 JOHNSON BROTHERS LIQUOR CO 3,593 MARK VII 1,010 MIDWEST COCA COLA BOTTLING COM 498 NEW FRANCE WINE COMPANY 164 PACIFIC DIRECT 4,017 PAUSTIS & SONS COMPANY 10,248 PHILLIPS WINE AND SPIRITS INC 410 PINNACLE DISTRIBUTING 3,592 PRIOR WINE COMPANY 11,816 QUALITY WINE & SPIRITS CO 118 SPANISH WINES IMPORTERS 40 SPECIALTY WINES AND BEVERAGES 19,728 THORPE DISTRIBUTING 83 VINTAGE ONE WINES INC 1,570 WINE COMPANY, THE 2,513 WINE MERCHANTS INC 391 WORLD CLASS WINES INC 80 A TO Z RENTAL CENTER 28 A TO Z SOUTHWEST RENTAL 426 ABC MINNEAPOLIS LLC 141 ABRASIVE TECHNOLOGIES INC 271 ACTIVAR 9,874 ALTERNATIVE BUSINESS FURNITURE 271 AMSAN BRISSMAN-KENNEDY 88 ANAMAX GREASE SERVICES LLC 680 ANCHOR PAPER COMPANY 2,986 ANCHOR PRINTING COMPANY 69 AQUA LOGIC INC 655 AUDIOVISUAL INC 3,000 BAKER ASSOCIATES INC 156 BAN-KOE SYSTEMS INC 84 BARNES, BELINDA A. 42 BATI ERY STORE INC, THE 151 BAUER BUILT TIRE AND BATTERY 2,647 BECKER ARENA PRODUCTS INC 32 BERRY COFFEE COMPANY 455 BERTELSON OFFICE PLUS 797 BLOOMINGTON, CITY OF 38 BOLLER, MAX A 62 BOYER TRUCKS SO. ST. PAUL 207 BRO-TEX INC 319 CLAREYS INC 68 CONNEY SAFETY PRODUCTS 196 CONTROL SERVICES OF MINNESOTA, 1,954 CORPORATE EXPRESS 7,421 CUTLER-MAGNER COMPANY 45 CY'S UNIFORMS 3,960 DAKOTA PLUMBING & HEATING 425 DEALER AUTOMOTIVE SERVICES INC 692 DECORATIVE DESIGNS INC 25,483 DIVERSE BUILDING MAINTENANCE 300 DRAMATISTS PLAY SERVICE INC 8,929 DRT TRANSPORT 498 EARL F ANDERSEN INC 106 EDEN PRAIRIE WINLECTRIC 386 ELECTRIC PUMP 82 ELVIN SAFETY SUPPLY INC 1,524 ESCHELON TELECOM INC 2,507 ESRI 176 FACTORY MOTOR PARTS COMPANY 118 FERRELLGAS 56 FERRELLGAS 1,110 FINLEY BROS INC 173 FLEET MAINTENANCE INC 670 FORD, GARY 315 FRERICKS, KOREY 976 G & K SERVICES-MPLS INDUSTRIAL Account Description Wine Imported Beer Misc Taxable Wine Domestic Misc Taxable Wine Domestic Transportation Misc Taxable Wine Domestic Liquor Wine Imported Liquor Beer Wine Domestic Wine Imported Wine Domestic Wine Domestic Repair & Maint. Supplies Operating Supplies Operating Supplies Repair & Maint. Supplies Repair & Maint. Supplies Supplies - General Building Operating Supplies Other Contracted Services Office Supplies Printing Other Contracted Services Video & Photo Supplies Other Contracted Services Office Supplies Other Contracted Services Repair & Maint. Supplies Tires Supplies - General Bldg Operating Supplies Office Supplies Kennel Services Other Contracted Services Equipment Parts Safety Supplies Operating Supplies Office Supplies Contract Svcs - HVAC Office Supplies Chemicals Clothing & Uniforms Contract Svcs - Plumbing Capital Under $2,000 Contract Svcs - Int. Landscape Other Contracted Services Other Contracted Services Other Contracted Services Equipment Repair & Maint Operating Supplies Equipment Parts Repair & Maint. Supplies Other Contracted Services Software Maintenance Equipment Parts Motor Fuels Motor Fuels Operating Supplies Equipment Testing/Cert. Other Contacted Services Other Contracted Services Cleaning Supplies Business Unit Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store Fire Traffic Signals DWI Forfeiture Park Maintenance Water Treatment Plant City Center Operations Senior Center Community Center Maintenance General Communication Services Pool Maintenance Communication Services Communication Services Community Center Admin Volleyball Water Utility - General Fleet Services Ice Arena Maintenance Senior Board Water Utility - General Animal Control Basketball Fleet Services Fleet Services Prairie View Liquor Store General City Hall - CAM General Water Treatment Plant Police Ice Arena Maintenance Fleet Services City Hall - CAM Water Treatment Plant Winter Theatre Lime Sludge Park Maintenance Traffic Signals Water Treatment Plant Fire Telephone Information Technology Fleet Services Ice Arena Maintenance Fleet Services Park Maintenance Fleet Services Park Maintenance Basketball Water Treatment Plant Check # Amount Vendor I Explanation 140429 140430 140431 140432 140433 140434 140435 140436 140437 140438 140439 140440 140441 140442 140443 140444 140445 140446 140447 140448 140449 140450 140451 140452 140453 140454 140455 140456 140457 140458 140459 140460 140461 140462 140463 140464 140465 140466 140467 140468 140469 140470 140471 140472 140473 140474 140475 140476 140477 140478 140479 140480 140481 140482 140483 140484 140485 140486 140487 140488 140489 140490 140491 140492 140493 140494 140495 48 340 4,000 627 547 13,072 60 1,833 433 12,044 254 190 228 1,135 1,405 612 34 1,642 981 573 58,520 42 302 26 154 6,214 607 243 18,372 897 1,624 32 206,373 715 580 6,751 1,288 40 823 345 911 297 147 1,320 5,154 86 239 432 176 250 2,742 1,128 180 303 48 6,409 164 25 136 1,792 2,743 120 299 525 158 14,453 147 GARDEN & ASSOC INC GARTNER REFRIGERATION & MFG IN GRAF1X SHOPPE GRAINGER GS DIRECT HANSEN THORP PELLINEN OLSON HARMON AUTOGLASS HAWKINS WATER TREATMENT HENNEPIN COUNTY UT DEPT HOUSE OF PRINT ICE SKATING INSTITUTE ICERINK SUPPLY CO INDUSTRIAL FLOOR MAINTENANCE I INGRAHAM & ASSOC INSIGHT PUBLIC SECTOR 1NTEREUM INC INTERSTATE COMPANIES INC J H LARSON COMPANY JANEX INC JOHN HENRY FOSTER MINNESOTA IN KEYS WELL DRILLING COMPANY KRAEMERS HARDWARE INC LAB SAFETY SUPPLY INC LANO EQUIPMENT INC LEROY JOB TRUCKING INC LUBRICATION TECHNOLOGIES INC MASTER ELECTRIC CO INC MAXI-PRINT INC McFARLAND CONSTRUCTION COMPANY MENARDS METRO FIRE METRO SALES INCORPORATED* METROPOLITAN COUNCIL ENVIRONME METROPOLITAN FORD MIDWEST ASPHALT CORPORATION MILLER DUNWIDDIE MINNESOTA CONWAY MINNESOTA DEPT OF LABOR AND IN MINNESOTA GLOVE INC MINNESOTA REVENUE MRCI MIT DISTRIBUTING INC MUNICIPAL EMERGENCY SERVICES NATIONAL WATERWORKS NORTHSHORE ADVISORS LLC NORTHWEST RESPIRATORY SERVICE NUCO2 INC OLSEN COMPANIES ONCE UPON A STAR PAATCHES R US PARROTT CONTRACTING INC PEPSI COLA COMPANY PIONEER DRAMA SERVICE PLANT & FLANGED EQUIPMENT PLASTICS INTERNATIONAL PRAIRIE ELECTRIC COMPANY PRAIRIE EQUIPMENT COMPANY PRAIRIE LAWN AND GARDEN PRINTERS SERVICE INC PUBLIC SAFETY CENTER INC RADCO RAY, LEE REAL GEM RECREONICS RIDGEVIEW MEDICAL CENTER RMR SYSTEMS INC ROOT 0 MATIC Account Description Other Contracted Services Other Contracted Services Machinery & Equipment Equipment Parts Operating Supplies Other Contracted Services Equipment Repair & Maint Chemicals Software Maintenance Printing Licenses & Taxes Other Contracted Services Equipment Parts Design & Engineering Other Hardware Contract Svcs - Gen. Bldg Equipment Parts Supplies - Electrical Operating Supplies Other Contracted Services Improvement Contracts Repair & Maint. Supplies Protective Clothing Equipment Parts Other Contacted Services Lubricants & Additives Other Contracted Services Printing Contract Svcs - Gen. Bldg Supplies - Electrical Protective Clothing Equipment Repair & Mthnt Waste Disposal Capital Under $2,000 Patching Asphalt Building Operating Supplies Licenses & Taxes Safety Supplies Licenses & Taxes Operating Supplies Equipment Parts Protective Clothing Merchandise for Resale Audit & Financial Safety Supplies Chemicals Protective Clothing Instructor Service Clothing & Uniforms Other Contracted Services Merchandise for Resale Other Contracted Services Repair & Maint. Supplies Equipment Parts Contract Svcs - Electrical Equipment Repair & Maint Operating Supplies Other Contracted Services Operating Supplies Capital Under $2,000 Other Contracted Services Awards Repair & Maint. Supplies Other Contracted Services Other Contracted Services Contract Svcs - Plumbing Business Unit Police Ice Arena Maintenance General Government Fleet Services Engineering Storm Drainage Fleet Services Water Treatment Plant Information Technology Community Brochure Ice Arena Ice Arena Maintenance Fleet Services Planning & Development Information Technology City Center Operations Fleet Services Public Works/Parks Community Center Maintenance Water Treatment Plant Utility Improvement Fund Community Center Maintenance Water System Maintenance Fleet Services Animal Control Fleet Services Rehab Police City Center Operations Fire Station #3 Fire Information Technology Sewer Utility - General Fleet Services Street Maintenance Capital hnpr. / Maint. Fund Fire Water Treatment Plant Fleet Services Water Well #7 Street Maintenance Fleet Services Fire Water Utility - General Finance Fire Pool Maintenance Water System Maintenance Preschool Events Fire Water System Maintenance Concessions Cummins House Special Events Water Treatment Plant Fleet Services Community Center Maintenance Water Treatment Plant Park Maintenance Ice Arena Maintenance Wireless Communication Fleet Services Basketball City Clerk Pool Maintenance Risk Management Utility Improvement Fund Community Center Maintenance Check # Amount Vendor! Explanation 140496 8 SAVOIE SUPPLY CO INC 140497 69 SCHARBER & SONS 140498 27 SCHERER BROTHERS LUMBER CO 140499 60 SHRED-TT 140500 403 SIMPLEXGRINNELL LP 140501 249 SIRCHIE 140502 88 SPIRIT APPAREL & STUFF 140503 87,607 SRF CONSULTING GROUP INC 140504 114 STERLING FENCE INC 140505 2,952 STREICHERS 140506 484 SUBURBAN CHEVROLET 140507 400 SUN NEWSPAPERS 140508 2,317 SYSTEM CONTROL SERVICES 140509 59 TAHER INC CATERING 140510 17 TAMS-WITMARIC MUSIC LIBRARY INC 140511 77 TEE JAY NORTH INC 140512 220 TKDA 140513 78 TOLL GAS AND WELDING SUPPLY 140514 587 TRANS ALARM INC 140515 169 TWIN CITY OXYGEN CO 140516 564 UNIFORMS UNLIMITED 140517 249 UNITED STATES MECHANICAL INC 140518 538 UNLIMITED SUPPLIES INC 140519 704 VAN SICKLE, ALLEN & ASSOCIATES 140520 1,073 VESSCO INC 140521 1,029 VIDEO SERVICE OF AMERICA 140522 185 VOSS LIGHTING 140523 4,205 WALL TRENDS INC 140524 963 WATSON CO INC, THE 140525 211 WEST WELD 140526 15 WIGLEY, GRIFFIN J. 140527 10,742 YALE MECHANICAL INC 140528 53 ZACKS INC 140529 49 ZIEGLER INC Account Description Cleaning Supplies Equipment Parts Building Materials Waste Disposal Supplies - Fire/Life/Safety Operating Supplies Clothing & Uniforms Design & Engineering Operating Supplies Clothing & Uniforms Equipment Parts Legal Notices Publishing Other Contracted Services Conference Expense Other Rentals Other Contracted Services Other Contracted Services Equipment Parts Contract Svcs - Security Repair & Maint. Supplies Clothing & Uniforms Contract Svcs - Plumbing Equipment Parts Other Contracted Services Equipment Parts Operating Supplies Supplies - Electrical Contract Svcs - Gen. Bldg Merchandise for Resale Building Materials Software Contract Svcs - HVAC Small Tools Equipment Parts Business Unit Water Treatment Plant Fleet Services Street Maintenance City Center Operations Community Center Maintenance Police Pool Operations Charlson Area Construction Street Maintenance Police Fleet Services City Clerk Water Treatment Plant Parks Administration Arts Initiative Community Center Maintenance Water System Maintenance Water System Maintenance City Center Operations Water System Maintenance Police Ice Arena Maintenance Fleet Services Water Treatment Plant Water Treatment Plant Police Community Center Maintenance City Center Operations Concessions Richard T. Anderson Cons. Area Information Technology Prairie View Liquor Store Sewer System Maintenance Fleet Services 1,096,543 Grand Total City of Eden Prairie Council Check Summary 4/26/2005 Division General 100 City Manager 101 Legislative 110 City Clerk 111 Customer Service 112 Human Resources 113 Communication Services 114 Benefits & Training 115 Risk Management 116 Facilities 117 City Center 131 Finance 132 Social Services 133 Community Development 135 Information Technology 136 Wireless Communication 137 Economic Development 150 Park Administration 151 Park Maintenance 153 Athletic Programs 154 Community Center 156 Youth Programs 157 Special Events 158 Senior Center 159 Recreation Administration 160 Therapeutic Recreation 161 Oak Point Pool 162 Arts 163 Outdoor Center 180 Police 183 Civil Defense 184 Fire 185 Animal Control 200 Engineering 201 Street Maintenance 202 Street Lighting 203 Fleet Services 204 Equipment Revolving 301 CDBG 304 Senior Board 308 E-911 309 DWI Forfeiture 312 Recycle Rebate 314 Liquor Compliance 315 Economic Development 316 WAFTA 503 Utility Improvement 507 Construction Fund 509 CIP Fund 511 Construction Fund 601 Prairie Village Liquor 602 Den Road Liquor 603 Prairie View Liquor 605 Den Road Building 701 Water Fund 702 Sewer Fund 703 Storm Drainage Fund 803 Escrow Fund 807 Benefits Fund Amount 2,473 141 2,218 804 9,914 2,780 8,836 2,424 653 58,196 31,665 5,814 9,322 1,044 8,105 29,124 1,115 8,249 7,449 867 7,916 2,113 150 7,081 12,044 252 167 3,925 605 20,304 215 4,254 951 547 4,577 1,298 16,971 89,544 607 195 1,481 443 7,015 400 158 252 72,973 85,183 6,751 3,481 78,207 127,587 70,652 342 46,960 207,617 5,652 10,803 5,675 Report Totals 1,096,543 CITY COUNCIL AGENDA SECTION: Report of the Parks and Recreation Director DATE: April 26, 2005 DEPARTMENT/DIVISION: Robert A. Lambert, Director Parks & Recreation ITEM DESCRIPTION: Updated Parks Capital Improvements Plan ITEM NO.: XIV.D.1. Requested Action Move to: Approve the updated Capital Improvement Plan as a concept approval for expenditures of anticipated revenue over the next five years. Synopsis The Capital Improvement Plan provides information on existing revenue and projected revenue over the next five years from park dedication fees, team fees, donations and grants. The Capital Improvement Plan also lists projects that have been identified by city staff or requested by athletic associations, neighborhoods, or other special interest groups. The Capital Improvement Plan provides general costs estimates as to what future projects may cost and projects the timeframe in which these projects may be completed. The projected costs are not based on any plans or specifications, but merely on conceptual ideas for these projects. The actual costs may be more or less than the estimated costs, based on final approved plans. The actual years that the projects may be completed most certainly will be changed as priorities are clarified each year by the Commission and the City Council. The purpose of the Capital Improvement Plan is to provide a longer term look at the projects that have either been committed to (i.e. contract for deeds that may have been already obligated) or agreements previously made such as the Metropolitan Airports Commission agreements, as well as commitments made to various organizations, neighborhoods, and recommendations of the Park and Open Space System Plan. Background Although the Capital Improvement Plan is updated each year, that approval does not automatically authorize any of the projects listed on the plan. Each specific project must be brought before the Commission and the Council prior to initiating plans, specification and bids. The Commission and Council should consider the Capital Improvement Plan as a 'general guideline' relating to priorities, timelines, expenditures and revenues. This Capital Improvement Plan cannot be anymore specific in terms of expenditures without spending a great deal of money on plans and specifications. Nor can it be more specific on revenues that could very greatly depending on the amount of development that occurs within that timeframe. The major source of revenue for the Capital Improvement Plan is park dedication fees. Park dedication fees are authorized by state law for the purpose of acquiring and developing a park system that is necessary to accommodate the residents or businesses who are paying the fees. Park Updated Capital Improvements Plan April 12, 2005 Page 2 dedication fees should not be used for maintenance, but only for acquisition and development. The park and open space system should be relatively completed when these fees dissipate. Future park renovations will have to be funded through the general fund or with referendums. Attachment Capital Improvement Plan 2005 - 2009 Park Fund Capital Improvement Program Aapisliten -.. Other 2004 Actual ....____......„._ Cedar Hills Park 2005 913,700 2008 2007 2008 2009 • : . Birch Island Woods 117,300 112,000 $ 108,000' 04,000 ; Lower Purgatory Creek Cans. Area Referendum Riley Creek Cons. Area Referendum Rice Marsh Lake .Cons. Area iley I .;-1Cii-Pa-ii 4 Referendum Referendum Referendum I 117,300 $ 1,025,700 ......... ? 108,000 $ 104,000 $ Mitchell Lake Marsh ! Total $ i,355,000 Park* Tr*" Development ,.__. Cedar Hills Park 850,000 Staring Lake Trail - East 100,000 1 ' I. 650000 $ 200,000 I Watershed Project I 100,000 I :•' 1 . 50,000 1 Staring Lake Park Shelter Renovation 100,000 Staring Lake Park Trail Widen - 10' 350,0 350,000 , Staring Lake Park Archery Range 13,500 15 ,480 3,500 4 Sta rin"Lake OLA & x-coimtry ski 35,000 Round Lake Park Trail Widening - 10' 200,000 Round Lake Park Skate Park 35,00 S 35,000 i 200,000 35,000 55,000 Round Lake Park Lighting Softball Field 55,000 i. PCRA Phase I - Dredging /Dike completed 2003 PCRA Phase II - Park Construction 1,092,000 inc. 2003 total 379,624 40,000 PCRA Phase 111- Trail Construction S598,159 PCRA Phase IV - Trail 169,560 Watershed Project I $ 634,000 Waters Project 1 $ 37,200 21,600 1 S 65,000 ,, , S 150,000 Creek Valley Trail Planning S 65,000 Riley Creek Cons. Area Trail 1 1 178,364 W.D. $175,000 $ 5,656 S 50,000 i 100,000 5 100,000 Edenbrook Cons, Area Trail 5 55,000 WO, $55,000 1 55,000 I $ 100,000 1 :$ 55,0.00 Lower Purgatory Creek Cons. Area Trail 175,000 W.D. $175,000 1 1 100,000 $ 150,000 , 00 Miller Park - Baseball Building 8,372 Miller Park - Softball Budding 300,000- . 1 8,372 GM $50,000 1 167,831 .4 EPE3A $300,000 j : $ 182,170 650,000 50,000 I 50,000 Miler Park- Baseball Stadium 650,000 Miler Park - Soccer/Football Building 250,00 S.F.A. $100,000 I , 350,000 1 Miller Pat- Park Shelter/Curling Rink . 250,000 T.C.C. $1,000,000 j__. 1 $ 1 ,250,000 prairie Bluff Cons. Area Trail ' 70,020 . Flying Cloud Ballfields -11 1,279 , 22,928 1 & 30,000 12791 4- 5 20,000 I . 00,000 I Flyin Cloud Balifield Expansion I . Richard T. Anderson Cons. Area [ $ 20,396 Referendum • $1,400,000) ,,, , 110,3961 $ 10,000 1 ... - I endalLette 2005\2005 - 2009 Park Fund Capital Improvement Program 2005 - 2009 Park Fund Capital Improvement Program Forest Hills Playground Renovation 330,000 Nine Mile Creek OLA 14,323 Crestwood Park 787 Prairie East Tennis Court Rebuild 80,000 Homeward Hills Skate Park 50,000 Round Lake Park Tennis CI Renovation $ 125,000 $125,000 (School) Birch Island Park $ 150,000 Community Center Renovation Referendum 83,600 174,200 25,000 $ 50,000 PCRA Phase V - Board Walk PCRA Phase VI- Full Access PCRA Phase VII - Wildlife Blind ley Lake Park - Parking & Utilities Birch Island Woods Cons. Area Parking Miller Spring ice Marsh Lake Trail Richard T. Anderson Cons. Area T ConstruC89311 , Grand Total 20,000 11,900 110,000 11 115,341 1,898,1170 $ 1,2 ,800 $ 1,700,000 2,924,370 $ 1,361,800 $ 1,804,000 2,005,000 $ 450,000 2,005,000 $ 450,000 GABrendatLetter & Memoslambert 20052005 - 2009 Park Fund Capital Improvement Program 2005 - 2009 Park Fund Capital Improvement Program 2005 - 2009 Estimated Revenue In Park Fund Fund Balance at Beginnin of Year 2005 5,545,500 2006 $ 3,831,000 2007 __. 3,169,400 2008 $ 2,465,400 2009 1 2010 2,135,400 1 $ 2,300,000 Est. Cash Park Fees 1,198,875 $ 750.000 500,000 500,000 $ 400,000 400 pm : Softball & Voile all Fees f 28,200 9,125 Bond Referendum $ 25,000 . n _ 25,000 25,000 ? 75,000 $ 25,000 $ 100,000 $ 25,000 s $ 180,000 25,000 ..,' 50,000 , Other Revenue Watershed District Grant State & Federal Grants ; Donations (Athletic Associations) $ 300,000 i $ 150,000 1.000,000 1 75,000 1 Interst Accural Est. Total Revenue Est. Total Expenses 37, 19 $ 40,000 $ 75,000 I $ 75,000 $ 70,000 65,000 ! $ 1,273,319 $ 6,685,500 $ 1,616,974 $ 2,854,370 4,506,000 8 4,019,400 4,140,400 2,750,400 S 1,336,600 $ 1,554,000 2.005,000 , $ 450,000 1 GA8renda1Letter & MemoskLambert 200512005 - 2009 Park Fund Capital Improvement Program