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HomeMy WebLinkAboutCity Council - 07/18/2000 AGENDA EDEN PRAIRIE.CITY COUNCIL TUESDAY,JULY 18,2000 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Roger Pauly and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. NATIONAL NIGHT OUT IV. RECOGNITION OF 4TH OF JULY EVENT SPONSORS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. SPECIAL CITY COUNCIL/SCHOOL BOARD MEETING HELD APRIL 20,2000 B. CITY COUNCIL WORKSHOP HELD JUNE 20,2000 C. CITY COUNCIL MEETING HELD JUNE 20,2000 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. WELTER'S TRAILHEAD by Ray and Carole Welter Jr. 2"a Reading for Planned Unit Development District Review with waivers on 5.22 acres and Zoning District Change from Rural to R1-13.5. Location: 9630 Crestwood Terrace. (Ordinance for PUD District Review and Zoning District Change) CITY COUNCIL AGENDA JULY 18,2000 Page 2 C. ADOPT RESOLUTION APPROVING FINAL PLAT OF EDEN WOODS SENIOR CAMPUS ADDITION D. ADOPT RESOLUTION APPROVING FINAL PLAT OF SETTLERS RIDGE 6Tx ADDITION E. ADOPT RESOLUTION APPROVING FINAL PLAT OF OAKPARKE ESTATES 2ND ADDITION F. ADOPT RESOLUTION APPROVING FINAL PLAT OF WINGATE HOTEL ADDITION G. AUTHORIZE APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR WELLHEAD PROTECTION PLAN H. APPROVE AGREEMENT WITH HENNEPIN COUNTY FOR CONSTRUCTION OF BICYCLE TRAIL ON CSAH 4 I. AWARD CONTRACT FOR STANDBY NATURAL GAS GENERATORS, I.C. 00-5509 J. AWARD CONTRACT FOR LINCOLN LANE AND FOREST HILLS ROAD STREET AND STORM SEWER IMPROVEMENTS (Resolution) K. SET PUBLIC HEARING FOR SEPTEMBER 5, 2000, RELATING TO CABLE TV FRANCHISE APPLICATIONS L. AUTHORIZE ISSUANCE OF GRADING PERMIT FOR PARKING LOT AT BIRCHWOOD LABORATORIES,INC. M. AUTHORIZE ISSUANCE OF GRADING PERMIT FOR EDEN PRAIRIE UNITED METHODIST CHURCH N. AWARD CONTRACT FOR NEW RADIO EQUIPMENT SHELTER AND EMERGENCY POWER GENERATION EQUIPMENT FOR NEW TOWER SITE O. AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH TKDA FOR RENOVATION AND REPAIR OF WATER UTILITY VEHICLE STORAGE BUILDING P. APPROVE TRAFFIC CONTROL SIGNAL AGREEMENT WITH MNDOT FOR EMERGENCY VEHICLE PRE-EMPTION ON TWELVE EXISTING TRAFFIC SIGNALS (Resolution) CITY COUNCIL AGENDA JULY 18,2000 Page 3 VIH. PUBLIC HEARINGS/MEETINGS A. HIGHVIEW DR1VE/LAKELAND TERRACE AREA STREET AND UTILITY IMPROVEMENTS (Continued from June 20,2000) (Resolution) B. SHADY OAK TECHNOLOGY BUILDING by Mount Properties. Request for Planned Unit Development Concept Review on 5.52 acres, Planned Unit Development District Review with waivers on 5.52 acres, Zoning District Change from I-5 to I-2 on 5.52 acres, and Site Plan Review on 5.52 acres. Location: 6875 Shady Oak Road. (Resolution for PUD Concept Review and Ordinance for PUD District Review and Zoning District Change) C. SUMMERHILL SENIOR COOPERATIVE by Realife, Inc. Request for Planned Unit Development Concept Amendment on 3.09 acres of the Liberty Place PUD, Planned Unit Development District Review with waivers on 3.09 acres, Zoning District Change from Rural to RM-2.5 on 3.09 acres, and Site Plan Review on 3.09 acres Location: Valley View Road and Smetana Lane. (Resolution for PUD Concept Amendment and Ordinance for PUD District Review and Zoning District Change) D. US WEST ADDITION by US West Request for Planned Unit Development Concept Review on 1.09 acres, Planned Unit Development District Review with waivers within the I-2 Zoning District on 1.09 acres, and Site Plan Review on 1.09 acres. Location: 7825 Fuller Road. (Resolution for PUD Concept Review and Ordinance for PUD District Review and Zoning District Amendment) E. HEARTLAND ADDITION by Christopher and Kelly Kaeding, and Dariusz and Zofia Padniewski. Request for Zoning District Change from Rural to R1-13.5 on 1.88 acres. Location: 13801 St. Andrew Drive. (Ordinance for Zoning District Change) F. WALGREENS/BANK PROJECT by Semper Development, LTD. Request for Planned Unit Development Concept Amendment on 3.36 acres to the overall Gonyea PUD, Planned Unit Development District Review with waivers within the Community Commercial Zoning District on 3.36 acres, Site Plan Review on 3.36 acres, and Preliminary Plat of 3.36 acres into 2 lots. Location: Northeast Corner of Co. Rd. 4 and Hwy. 5. (Resolution for PUD Concept Amendment and Ordinance for PUD District Review and Zoning District Amendment, and Resolution for Preliminary Plat) G. VACATION 00-05 — VACATION OF RIGHT-OF-WAY FOR SMETANA LANE (Resolution) H. VACATION 00-06 — VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER LOT 2, BLOCK 1, FLAGSHIP ADDITION (Resolution) CITY COUNCIL AGENDA JULY 18,2000 Page 4 I. VACATION 00-07 — VACATION OF UTILITY EASEMENTS OVER LOTS 2 AND 3,BLOCK 2,SETTLERS RIDGE (Resolution) J. ORDER IMPROVEMENTS AND PREPARE PLANS AND SPECIFICATIONS FOR CHARLSON AREA IMPROVEMENTS (Resolution) K. CHARLSON AREA FINAL ASSESSMENT HEARING (Resolution) IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS A. REVIEW BERGELAND VARIANCE REQUEST 2000-07 XII. REPORTS OF ADVISORY BOARDS &COMMISSIONS A. COMMUNITY PROGRAM BOARD 1. Management and Use of Historic Properties XIH. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Council Workshop Schedule C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR 1. Authorize Preparation of Purchase Agreement for Multi-use Storage Facility Site F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY CITY COUNCIL AGENDA JULY 18,2000 Page 5 XV. OTHER BUSINESS A. COUNCIL FORUM INVITATION XVI. ADJOURNMENT r A UNNAPROVED MINUTES JOINT EDEN PRAIRIE CITY COUNCIL/ SCHOOL BOARD MEETING THURSDAY,APRIL 20,2000 7:00—9:00 PM,CITY CENTER HERITAGE ROOM II CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger,Director of Management Services Natalie Swaggert, Supervisor of Personnel&Payroll Mike Barone,Recorder Lorene McWaters SCHOOL BOARD MEMBERS: Superintendent William L. Gaslin; School Board Members Ann Yonamine, Carol Bomben, Barbara Gabbert,David Hann,Mark Kantor, Claire Hilgeman,Phil Rose SCHOOL BOARD STAFF: Patti Magnuson,Melissa Krull,Marcia Beezley, Cathy Wilkinson Mayor Harris convened the meeting at 7:00 p.m. and thanked School Board Chair Ann Yonamine and all present for their willingness to meet to discuss Eden Prairie's growing immigrant population. Mayor Harris introduced Liz Van Zomeren, director of Hennepin South Services Collective (HSSC), formerly known as South Hennepin Regional Planning Agency(SHeRPA). HSSC serves the communities of Eden Prairie,Richfield,Bloomington and Edina, and provides cooperative research on social needs and helps develop and coordinate human services in South Hennepin County. Van Zomeren provided an overview of the agency's findings on South Hennepin's growing immigrant community, including the agency's 1999 report"Emerging Immigrant Communities in South Hennepin: Part of the National Immigration Boom." Immigration in Minnesota and South Hennepin County • From 1970 through the early 1990s, Southeast Asians represented a high percent of immigration both in the U.S. and in Minnesota. Today Eastern Europeans,Russians, Eastern Africans, and Hispanics make up much of U.S. and Minnesota immigration. These patterns hold true in South Hennepin as well. 1 CITY COUNCIL WORKSHOP 1VmvUTES April 20,2000 Page 2 • Minnesota is currently experiencing an influx of "secondary migration." In other words, Minnesota is a destination of choice for immigrants who have originally settled in another state. Minnesota is seen as an attractive secondary relocation choice because of availability of jobs,presence of family, and possible welfare preference for public housing. Some immigrants who practice Islam also indicate they find greater acceptance of their lifestyle and forms of dress here than elsewhere. Offspring of immigrants also represent a significant source of growth for Minnesota's immigrant population. • Refugees (those who come to the U.S. via official programs that allow resettlement of individuals fleeing countries at war or who face political or religious persecution) represent 40 to 45 percent of alien migration to Minnesota. • Minnesota's immigrant population is growing, and is comprised mainly of people of color. Estimates indicate that between 1995 and 2001, 61 percent of Minnesota's population growth will be people of color. By 2020, 100 percent of population growth is expected to be people of color. • Distinct settlement patterns are evident among immigrant subgroups in South Hennepin. • Hispanics tend to settle on or near the I-494 strip in Bloomington and are largely employed in the lower-income service industries. • In Eden Prairie,there are large and growing Somali and Russian populations in the two subsidized housing developments—Briarhill and Prairie Meadows. • In Edina, the immigrant population is made up largely of Europeans,Asians and Indians who are often employed in higher-income technical professions. • Over the last two years, enrollment in ESL(English as a Second Language)classes has increased 2.5 times. SHAPE(South Hennepin Adult Programs in Education) enrollment has also increased 3.5 times. • Eden Prairie saw a 137 percent increase in people of color from 1989 to 1999, compared to a 61 percent increase of white people. People of color comprise 6.8 percent of students in Eden Prairie. • According to immigrants who attended special HSSC focus groups in 1999,the following are top resources for immigrants in South Hennepin: • Family and friends • Cultural groups • Employers • Internet/Yellow Pages CITY COUNCIL WORKSHOP 1vmNUTES April 20,2000 Page 3 School Board/City Council Discussion Following Van Zomeren's presentation,Mayor Harris opened the discussion to the wider audience,particularly the School Board and staff. Marcia Beezeley,Eden Prairie High School, said that at the high school level the immigrant population seems highly transient,"a population that doesn't have a real home." She has known of cases in which an adolescent may live with a series of extended relatives (i.e., cousins,uncles, etc.) on a short-term basis. Placing these students in appropriate classes at mid-year is difficult since many classes are full and it is hard for students to catch up with the curriculum. In response to a question by Van Zomeren,Beezeley explained that immigrant students are placed in age-appropriate classes as much as possible,with additional placements in ESL classes, etc., as necessary. She noted that Somali children are at a particular disadvantage not only because they don't speak English but because they often have received little or no formal education in their native language before settling in the United States. There has been no formal schooling in Somalia at all since 1992 and the Kenyan refugee camps also offer little schooling. Some Somali children also come from single-mother head-of-family households where the mother has received no formal education. Mayor Harris asked if it might not be wiser to focus on providing language skills for non-English speaking immigrant students rather than placing them with children of the same age. Beezely answered that the School District's policy is to provide ESL classes for half of each day,while also providing contact with their peers in classes such as physical education. Most Somalis practice Islam,which forbids certain types of art and music commonly taught in American day care centers and schools, and requires special food preparation. Some Somali women have expressed the desire to start their own day cares,but have run into problems with stringent legal requirements that they are unable to meet. Councilmember Nancy Tyra-Lukens asked about how far the School District goes in accommodating different religious practices. Beezeley stated that since the District has set a precedent of accommodating other special needs,it is difficult to determine a cutoff point. School Board Chair Ann Yonamine wondered whether families may have to be reminded that there is a point at which some assimilation is necessary. Beezely stated that she knows of only a few requests for special consideration and that all who have inquired have been respectful of limitations. Councilmember Ron Case stated that, as a math teacher for the School District,he has been asked to approach teaching differently for the sake of just one student. 3 • CITY COUNCIL WORKSHOP MINUTES April 20,2000 Page 4 School Superintendent Bill Gaslin noted that it is our obligation as a society to provide education to all children, and while the immigrant population poses certain challenges,the District is finding ways to fill the needs. He also stated that public schools are chartered to provide education to the full spectrum of students,including those from different cultures, and that this only adds a certain richness that is often missing in a private school setting. Jeanne Halliwill stated that as a result of her work with the immigrant community through Eden Prairie Community Ed,several needs have been identified. These include an immigrant center that provides liaisons to the larger community,places for worship and socializing, and better access to immunizations. Meeting the Needs Councilmember Butcher noted that Southwest Metro Transit provides special transportation arrangements to help immigrants attend ESL classes. City Manager Enger noted that while it is commendable for Southwest Metro to provide this service, serving special needs is not the agency's primary purpose. Beezely suggested it would be prudent to look at where the next wave of immigrants is likely to come from. She noted that many Russian immigrants who moved into apartments in Eden Prairie have become well enough established to buy homes and are choosing to move to other communities when they do so. However, several of those present noted that special needs posed by the Somali population are likely to contiue longer than for some other immigrant populations due to their unique religious and cultural characteristics. Public Safety Services Director Jim Clark noted instances in which Somalis have called 911 for a woman who is labor. In Eden Prairie,police officers are first responders to medical calls to 911. However,because of experiences in their native country, Somalis are typically very wary of police officers, and are confused and frightened when an officer rather than a doctor arrives at the scene. Claire Hildeman presented the idea of training Somali women interested in providing culturally appropriate daycare to Somali children. This would provide jobs for Somali women as well as a offering a setting in which Somali parents feel comfortable leaving their children. In meeting immigrant needs, City Manager Enger suggested a policy of providing services that mobilize people within ethnic and social groups to take advantage of existing services. He said he doesn't believe the City alone can address all of the broad issues raised during the evening's discussion. He noted that Federal immigration policy calls for self-sufficiency rather than reliance on government support. Councilmember Butcher stated that despite this policy,it is unrealistic to expect people who don't speak English and can't find jobs to be fully self- CITY COUNCIL WORKSHOP MINUTES April 20,2000 Page 5 sufficient. Enger questioned whether or not there are Federal resources available to fill some needs such as transportation,job training,ESL classes, etc.,which are not currently being tapped into. Mayor Harris agreed that while everyone present wants to serve all of the populations within the community, the City is unable to fund all of the identified needs. She stated that it might be a good idea to "go upstream" and make the needs of Eden Prairie's immigrant population more visible at the state and Federal level. The Council and School Board agreed that further exploration of resources is the logical next step. Councilmember Butcher said she knows there are funds.available,but the City needs to figure out how to tap into them. Action steps discussed included: • Investigate state and/or federal funding sources to support programs to meet special immigrant needs • School Board Chair Ann Yonamine and Mayor Harris will draft a letter to Jim Ramstad outlining issues and asking for guidance in obtaining appropriate Federal support funds. 5 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,JUKE 20,2000 5:00-6:55 PM, CITY.CENTER HERITAGE ROOM III CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ronald Case, and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, City Engineer Al Gray, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, and Recorder Lorene McWaters I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS Mayor Harris called the meeting to order at 5:25 p.m. II. APPROVAL OF AGENDA III. 2001 LEVY City Manager Chris Enger introduced the discussion of the 2001 levy. Enger noted that the legislature has removed levy limits,but there has been speculation by the Municipal Legislative Commission Operating Committee that limits will return at some point. The MLC has indicated that the legislature feels that caps are necessary and is waiting for cities to "fail"to reign in increases before reinstating limits. Enger said the purpose of this portion of the workshop was to begin to consider the City's 2001 levy as well as the Southwest Metro Transit Commission(SWMTC) levy. Since 1998 when levy limits where initiated,the City has increased SWMTC's levy by the same percent as the City's. Community Development and Financial Services Director Don Uram said that the issue to be decided at the workshop was whether or not to continue the local levy option for SWMTC, and secondly at what level. Uram also presented some figures to demonstrate how levy taxes affect Eden Prairie residents. Based on a median home value of$202,400,projected City taxes payable in 2001 is $690. This is less than a one percent increase over taxes payable in 2000. By increasing the levy by$260,000,the percent increase to the median value home would be the same as it was in 2000 (about 3 percent). This gives the City the opportunity to increase funding levels without significantly impacting the median value homeowner. With a levy increase of 6 percent, Case asked why the average property owner's taxes went up only 2.6 percent. Uram explained that it is a function of increased tax capacity created by new commercial/industrial construction,which helps offset residential property taxes. For example,market values have gone up from$2.3 billion to more than COUNCIL WORKSHOP MINUTES June 20,2000 Page 2 $5 billion since 1990,while tax capacity dipped in the early 90s and has steadily increased since then to in excess of$100 million in Pay 2001. The City's ability to increase the tax levy without affecting the average homeowner, provides flexibility in funding Capital Improvement projects. Enger noted that Eden Prairie lost its bid for the new Best Buy headquarters in part due to worsening traffic gridlock in Eden Prairie,particularly in the Golden Triangle. The Council may decide to use these additional funds for transportation purposes. SWMT Director Len Simich outlined some of the philosophies and principles guiding the Commission's budget requests. He noted that at this time, SWMT is asking only for a commitment to levy the dollars locally. Simich noted that SWMT does not currently have the budget to increase services. There are approximately 1,000 denials of service a month on dial-a-ride requests. SWMT has shifted money away from dial-a-ride and into other high-demand services, such as express bus routes. Simich also stated that they don't make money on their services (about 50 percent recovery on a full bus). Rather the service is considered a necessary part of the region's infrastructure. He further said that the Commission does not want to make an issue of which city is paying for what. Simich said that the SWMTC estimates it will find itself$700,000 to $1 million shy of their projected budget needs. He noted that there was a$1 million discrepancy between what could have been taxed by member communities (Eden Prairie, Chaska and Chanhassen) according to the state in 2000 and what was actually taxed. Simich also stated that he feels SWMT is falling behind other metro-area public transportation providers in part due to budget shortfalls. Councilmember Case questioned whether or not it is a good idea for Eden Prairie to automatically finance the same percent of the SWMTC budget each year regardless of services and benefits received. He noted that Eden Prairie is funding considerably more than Chaska and Chanhassen. Uram answered that the only decision the Council needed to make at the workshop was whether or not to continue the local transit levy option. Uram stated that every percent increase in Eden Prairie's levy would translate into an additional $30,000 for SWMT. Case stated that it seems unfair to Eden Prairie if the other communities don't increase their SWMT levy to match their general levy increases as well. Councilmember Nancy Tyra-Lukens suggested scheduling another Council Workshop this summer to discuss the philosophical issues facing SWMTC and Eden Prairie. Councihnembers present agreed that this was a good idea. COUNCIL WORKSHOP MINUTES June 20,2000 Page 3 IV. SPECIAL ASSESSMENTS Public Works Services Director Gene Dietz provided information on what the Council could expect to hear at the Highview/Lakeland Terrace special assessment public hearing. Dietz provided copies of the revised Special Assessment Policy,which included an overview of points of law as opposed to policies. Dietz said he and his staff have heard of a lot of hardships endured by Highview residents due to the lack of sewers. The current assessment cap is$19,600 per lot, and the estimated cost per lot for the water and sewer improvements is $33,000. This means the City will pay more per lot(about$14,000 each) for these improvement than for any other special assessment in the City's history. Dietz also noted that the upcoming special assessment project for the Cedar Forest neighborhood is expected to cost around$25,160 per lot. Case asked what percent of residents had signed the petition for the Highview project. City Engineer Al Gray said that more than 50 percent had signed the petition. Gray also said that since properties have been added to the project since the original petition was submitted, there may no longer be enough who are in favor of the project to support a. valid petition. Therefore, it will be necessary to proceed as if the project were a council initiative. Gray noted that some residents of Lakeland Terrace (which is getting only sewer and utilities as part of this project)were initially opposed to the project because of the special assessment cap. He said there may now be concern expressed that the cost of the sewer/utilities alone is $19,060,just$500 under the$19,600 cap. He stated that the $33,000 special assessment figure was reached by averaging the cost for both the Lakeland Terrace and Highview projects. Enger asked for clarification of how unique special assessment projects are approached. He also stated that it would be productive to keep the Council informed of any upcoming special assessment projects that are unique, controversial or particularly expensive. It was agreed that another Council Workshop addressing special assessment issues would be valuable. A date for this workshop will be determined. V. OTHER BUSINESS VI. COUNCIL FORUM Ali Mohamoud addressed the council on issues involving Somali immigrants living in Eden Prairie. Mohamoud introduced himself as an employee of the Eden Prairie School District and a new resident of Eden Prairie. Also in attendance was Mohamed Arab, Director of Somali Family Services. Mohamoud stated that he has worked with Councilmember Ron Case at Central Middle School and that he requested to address the Council at Councilmember Case's suggestion. 3 COUNCIL WORKSHOP MINUTES June 20,2000 Page 4 Mohamoud said there are currently 150 Somali students in the Eden Prairie schools and that number is growing. He noted there is significant secondary migration by Somalis to Minnesota. With the rapid growth of the Somali community in Eden Prairie,Mohamoud said he felt he must address those in authority to bring issues to their attention. Among those issues, said Mohamoud,is that Islam(the religion practiced by most Somalis)prohibits paying interest. Therefore, Somalis face many problems buying homes and automobiles. Mohamoud noted that many Somali students have not had a day of education before coming to the United States. In addition,Islamic law prohibits many forms of music and art,which are commonly taught in the public schools. He said that the Eden Prairie School District has been good about meeting with and listening to concerns of the Somali community. As a liaison for the Somali community,he has been able to work with the School District to find education alternatives for subjects that pose problems with Islamic law. Councilmember Case asked Mohamoud what he specifically was asking of the Council. Mohamoud stated that he wants to be part of the solution in Eden Prairie, and that he would like to create some sort of a community outreach program for the Somali community. Mayor Harris asked how many Somalis currently live in Eden Prairie. Mohamoud estimated about 400 to 500. Harris asked if Mohamoud had been in touch with Familink, a resource provider that services Eden Prairie, Edina,Richfield and Bloomington. Mohamed Arab confirmed that he has worked with Nancy Holden,the Eden Prairie contact for Familink. Harris said she felt that many of the concerns expressed by Mohamoud fit within the framework of the school district. She noted that at the April joint School Board/Council meeting, the Board stated that they are responsible for addressing many of these issues. Mohamoud agreed that while some of the issues are related to education,there are other larger issues involved. Councilmember Butcher asked if Mohamoud had a specific program in mind. She further stated that funding for some programs might be available through Familink and the Eden Prairie Foundation. Mohamoud said it was his understanding that he would have to be part of a non-profit organization to apply for these types of funds. He also said he would like to ask the council to hire someone to act as liaison. Mayor Harris asked Mohamoud to put his ideas in writing and submit them to her or City Manager Chris Enger. Councilmember Case suggested that David Lindahl might be a good contact within the City. Harris agreed that this was a good idea,but reiterated she would like to see Mohamoud's proposal on paper. VU. ADJOURNMENT —1 COUNCIL WORKSHOP MINUTES June 20,2000 Page 5 Mayor Harris adjourned the meeting at 7:00 p.m. 5 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JUNE 20, 2000 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Roger Pauly and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:07 p.m. Councilmember Thorfinnson was absent. II. PLEDGE OF ALLEGIANCE • III. PROCLAMATION DESIGNATING DULY AS PARKS AND RECREATION MONTH Tria Mann,Arts and Special Events Coordinator, said Recreation and Parks Month is now nationally recognized. She listed the many events scheduled for July by the City. Mayor Harris read the proclamation designating July as Parks and Recreation Month in Eden Prairie. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added Item XII.A.1., Report on the Southwest Metro Transit Commission and Item XII.A.2., Report on a Newsletter to Teens. Case added Item XII.A.3., Inquiry about Donation of Apple Trees and Item XII. A. 4., Inquiry Regarding Deanovitch Apartments. Enger added Item IX.A. Time Warner System Upgrade Performance Bond. MOTION: Case moved, seconded by Butcher, to approve the agenda as published and amended. Motion carried 4-0. V. MINUTES CITY COUNCIL MINUTES June 20,2000 Page 2 A. CITY COUNCIL MEETING HELD JUNE 6,2000 Tyra-Lukens made a correction on page 9, paragraph 4,the third sentence, which would then read "Tyra-Lukens asked, if this was a new development, wouldn't this amount be covered by the developer, who would then pass the cost on to the individual owner through the lot cost?" MOTION: Tyra-Lukens moved, seconded by Case, to approve the minutes of the City Council meeting held June 6, 2000, as published and amended. Motion carried 4-0. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BRYANT LAKE REGIONAL PARK - PHASE II by Hennepin Parks. 2"a Reading for Planned Unit Development Concept Review on 167.6 acres and Planned Unit Development District Review with waivers within the Rural Zoning District on 167.6 acres. Location: 6800 Rowland Road. (Ordinance No. 18- 2000-PUD-11-2000 for PUD District Review and Zoning District Amendment) C. WINGATE HOTEL by Eden Prairie Hotel Group, LLC. 2"a Reading for Comprehensive Guide Plan Change from City Service to Regional Commercial 5.25 acres, Planned Unit Development Concept Review on 5.25 acres, Planned Unit Development District Review with waivers on 2.89 acres, Zoning District Change from I-5 to C-Reg-Ser Zoning District on 2.89 acres, Site Plan Review on 2.89 acres, and Preliminary Plat on 5.25 acres into 2 lots. Location: 7900 and 8000 Mitchell Road. (Ordinance No. 16-2000-PUD-9-2000 for PUD District Review and Zoning District Change and Resolution No. 2000-99 for Site Plan Review) D. ADOPT RESOLUTION NO. 2000-100 APPROVING FINAL PLAT OF EDEN PRAIRIE CENTER 9TH ADDITION E. ADOPT RESOLUTION NO. 2000-101 APPROVING FINAL PLAT OF FLAGSHIP 2ND ADDITION F. ADOPT RESOLUTION NO. 2000-102 APPROVING FINAL PLAT OF LINCOLN PARC G. AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE A PROJECT MANAGEMENT AGREEMENT FOR THE LINCOLN PARC APARTMENT PROJECT H. RECEIVE FEASIBILITY STUDY AND ADOPT RESOLUTION NO. 2000-103 SETTING PUBLIC HEARING FOR CHARLSON AREA IMPROVEMENTS, I.C. 99-5484 AND I.C. 98-5470 CITY COUNCIL MINUTES June 20,2000 Page 3 I. APPROVE SPECIAL ASSESSMENT AGREEMENT WITH LYNN CHARLSON FOR `CHARLSON AREA STREET AND UTILITY IMPROVEMENTS' J. ADOPT RESOLUTION NO. 2000-104 APPROVING GUIDE PLAN UPDATE EXTENSION K. ADOPT RESOLUTION NO. 2000-105 DECLARING THE CITY'S INTENT TO EXERCISE LOCAL TRANSIT LEVY OPTION FOR TAXES PAYABLE IN 2001 L. AWARD CONTRACT FOR CONSTRUCTION OF NEW RADIO TOWER AND DEMOLITION OF OLD RADIO TOWER M. APPROVE AGREEMENT FOR RADIO ENGINEERING WORK TO RELOCATE THE CITY'S RADIO TRANSMITTER FACILITIES N. ADOPT RESOLUTION NO. 2000-106 DECLARING UNCLAIMED PROPERTY AS "ABANDONED PROPERTY" O. ADOPT RESOLUTION NO. 2000-107 DECLARING FORFEITED VEHICLES AS "EXCESS PROPERTY" P. ADOPT RESOLUTION NO. 2000-108 AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN A MNDOT JOINT POWERS AGREEMENT TO COMPLETE PHASE III OF ARCHAEOLOGY INVESTIGATION AT THE MILLER BROTHERS GENERAL STORE SITE Q. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR LOT 4,BLOCK 2,BELL OAKS 1sT R. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR WINDFIELD 4TH, 5TH,AND 6TH ADDITIONS S. AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO PROFESSIONAL SERVICE AGREEMENT FOR LOCAL WATER MANAGEMENT PLAN T. AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT FOR BOG-MONITORING AT BEARPATH GOLF AND COUNTRY CLUB MOTION: Tyra-Lukens moved, seconded by Butcher, to approve Items A-T on the Consent Calendar. Motion carried 4-0. VII. PUBLIC HEARINGS/MEETINGS 3 CITY COUNCIL'MINUTES June 20,2000 Page 4 A. STREET AND UTILITY IMPROVEMENTS FOR HIGHVIEW DRIVE/LAKELAND TERRACE AREA, I.C. 96-5406 (RESOLUTION NO. 2000-109) Enger said the official notice of this public hearing was published June 6 and 15, 2000 in the Eden Prairie News and sent to 27 property owners. Dietz said Al Gray has met with the property owners and they have a copy of the feasibility report. This public hearing is to determine if the project is feasible. There will be an specific assessment hearing at a later date. He told the Council to consider this as a project going forward under its own motion,which requires a four-fifths majority vote. Gray said this neighborhood is located in the western part of Eden Prairie on the southeast side of Riley Lake. It was developed before the City had a utility system, and at this point the City is considering installation of utilities in response to a petition of the property owners. The new system will extend along Highview Drive to Lakeland Terrace. Street improvements are also being considered. On Lakeland Terrace, the residents wish to have the road remain as it is, so it will be restored to a gravel surface. In the Highview neighborhood, the City plans to install a standard residential street. Alternative utility systems have been considered. The Staff is recommending a standard gravity system at this time. Regarding the cost, participation by all 27 properties is recommended. Cost of the sewer, water and road improvements will be approximately $33,000 per unit on Highview Drive, and for Lakeland Terrace, and the three parcels adjacent to the Light Rail Corridor will be$19,006 per unit for sewer and water. Considering the assessment cap of$19,600, the City will pay the remaining cost for Highview residents. Staff has divided the cost for street assessments between the two neighborhoods for the portion that connects to Pioneer Trail. The City would exclude assessments up to five years. In discussions with the neighborhood, it appears that a certain number of homes would connect up immediately, when available, as some septic systems are failing. They would have two years to make a connection to the system. Other people believe their systems are adequate at this point and they question the $19,600 assessment. However, the City believes a large number of residents wish to have the project. Mayor Harris asked if anyone present wished to speak to the Council. Sherre Walstad, 9501 Highview Drive, said the septic system is behind their house and they cannot move it to the front. There are now two houses on what was originally one large lot. They have two holding tanks and a drainfield. They used to pump the tanks out every two months, and now do it once a month. They have had to go to a Laundromat to do their washing for the past four years. Ms. Walstad said she hopes the City will put in utilities this year. CITY COUNCIL MINUTES June 20,2000 Page 5 Charlie Title, 9585 Lakeland Terrace, said 22 families live in this very friendly neighborhood. His house is on a long piece of property with a double drainfield and he has never had to pump his septic system. He had understood the City would be using a method of horizontal boring to install utilities, but now hears they will be doing a"clear cut"through the woods that will take out 100-year-old trees. He thinks it is an issue of who pays for the loss of trees, and he asked the City to consider picking up the whole cost of the improvements. Alice Title, 9585 Lakeland Terrace, expressed concern that the "clear cut' will have a substantial impact on the value of the property. No one has spoken to them about the change of plans (from horizontal boring to "clear cut"). The removal of the trees would impact them financially much more than the benefit from having the availability of utilities. She feels that the City needs to make some compensation for the impact on the properties Gray said the term is "open cut"not "clear cut". A year ago he looked into using a low-pressure sewer system through horizontal boring underground, which is a method that is beginning to be used on larger, deeper conduits. It was tried in Eden Prairie on Kimberly Lane, but the equipment was unable to accomplish the job of installing sewer lines. The cost of the horizontal boring is much higher than doing an open cut. However,the Engineering Department hasn't finished the design work for this project and hasn't looked at the impact on all the trees. He said they will do that and will look at horizontal boring also. Jeanne Adomaitis, 9503 Highview Drive, said she has a smaller, mound-type septic system. She has to do her laundry at the Laundromat. The septic system has to be pumped out every month. In spite of doing that they still have leaking out of the mound. She supports the project but wants to maintain the beauty of the neighborhood as much as possible. Guy Schoenecker, 9450 Lakeland Terrace, said they have two lots, 23 and 24. However,they are generally supportive of the project in spite of the costs to them. Regarding the sewer easement, if the crew could come down the railroad right-of- way it would save the City money, and he would be willing to grant an easement on his property. However, he didn't realize that horizontal boring was not now a probability. The overriding issue to him is protection of the lake and the foliage. Perry Forster, 9505 Highview Drive, said he has lived there since 1971. They were told at that time that sewer and water would be available in 10 years. The septic system is 30 years old. He is very much in favor of the sewer and water project and would like to see it put in this year. His main concern is the number of unresolved details that need to be taken care of. He's very concerned about the storm sewer going into the pond at the end of the road. He also wants to see the character of the neighborhood remain as it is, and doesn't think the neighborhood needs a 28-foot-wide road with curb and gutter. He is aware that when the project comes,the neighborhood roads will be shut down for 6-8 weeks. J CITY COUNCIL MINUTES June 20,2000 Page 6 Debbie Gjervold, 9581 Highview Drive, said she is new in the neighborhood. She hoped the narrow roads would not be widened. She was also concerned about storm sewer drainage into the pond. Beth Halvorson, 9536 Lakeland Terrace, said they have replaced the drainfield twice, at a cost of$5,000 each time. She is highly supportive of the sewer and water project. Lakeland Terrace has a dirt road with arching trees that join. overhead. She and others want to preserve that. She asked the City to try to resolve the matter of open cutting of trees and to have a restoration plan. It is a very unique and beautiful neighborhood. Tom Knauer, 9601 Highview Drive, asked how wide a swath would be cut, and Al Gray said the trench for a water main would need to be about 15-feet wide. Mr. Tower said the drawings show that this water main would run between his lot and the next one. If horizontal boring proves to. be feasible, even though expensive, he would prefer to see it used. It is the method he and the neighbors were told would be used. He also expressed concern about the water quality in Riley Lake and said that the money to make improvements should come from a larger source than the homeowners in this neighborhood. MOTION: Tyra-Lukens moved, seconded by Butcher, to close the public hearing. Motion carried 4-0. Butcher asked if there would be any way to put in a sanitary sewer other than by boring or open cutting, or if a combination of both could be used. Gray replied, yes,the City could open cut some of the way and do tunnel boring where there are major trees. The design has not been completed, and they will work on the alternate method in the final design. Butcher asked if the cost of the assessments includes boring. Gray replied no, that was based on open cut estimates. Boring would cost three or four times as much as open cutting. Gray said the water main system is limited to 7-1/2 feet deep. They could go to a smaller sanitary sewer system, however, and that would be good for horizontal boring. One alternative is to go to a pressure sewer system, using a 3-inch- diameter pipe and every home would get a pump installed. Case asked what the criteria would be to determine whether to use the pressure sewer system. Gray replied it's a matter of general acceptance. There are areas of the country where they use this system, but there is an on-going cost to maintain the pumps. Case asked if the Council were to order the City to go ahead with the project, would there be a chance to come back to consider what alternative to use? Gray said that depends on how soon Council wants it put in. If the City is going to spend time to look at alternatives,it would be done in 2001. But if they are going to get ready for bids there won't be much time to look at many alternatives. , CITY COUNCIL MINUTES June 20, 2000 Page 7 Mayor Harris said there are issues on cost, depending on the alternative chosen. Butcher asked if there were other streets in the City that are narrower than 25 feet that serve just a few houses. Gray said the City has not built anything less than 25 feet. Some private streets are less than 25 feet. The neighbors expressed some concern about the safety issue,with curved roads that are narrow. Case said this is a very unique project and unique solutions are needed. He realized there are time constraints, with septic systems failing, but he didn't like to make a quick decision. The project should be done right but it wasn't clear to him at this point what would be the best way. Mayor Harris said perhaps there is another way to do it. Council is being asked to approve plans and specifications at this time, and she asked if there was time in the workshop schedule to review this further. Gray said he could get plans put together so Council could get profiles of alternatives. Engineering staff could look at.doing horizontal boring in some areas, and in some places they can do an open cut where it won't affect the neighborhood. They can look at alternatives in design and bring them to a workshop. They could also have another neighborhood meeting in the design phase. Gray said he couldn't guarantee how much time doing the alternative designs would take. The project may have to be put off until next spring. Gray was asked if the schedule could be accelerated. He said he would ask the consultant to go faster,but it is a busy season. Case said if plans and specifications are approved, he wants to look into alternatives for stormwater drainage and hear some creative solutions. Dietz said he believed it might be possible to develop some alternatives for horizontal boring of certain pipes. For a low-pressure sewer system, a pump system has to be installed in the basement of each house. That is not a typical thing in Minnesota, and they would have to find out if the neighborhood wants to do this. It could be ordered for the Lakeland neighborhood. The cost to the homeowner would be higher than it would be otherwise, but it would save the trees. The gravity system meets city standards and in the past has been agreed upon,but the City can do a more expensive system also. He didn't see a problem in going to a 25-foot street; the City has done that in the past. If they want to look into a low-pressure system, it is unlikely the City can proceed this year. Tyra-Lukens said she wanted to know how much a low-pressure system would cost the homeowner. Gray replied installation of the pump system would add about $2,500 to $3,000 to the cost for the homeowner. It would be more expensive for those with a septic system in the back of the house. Case said he would like to know what trade-offs the neighbors would accept. CITY COUNCIL MINUTES June 20,2000 Page 8 Dietz said if they could get that information next week there may be time to do the project this year. Mayor Harris said Engineering Staff needs this information from the neighborhood. The City is trying to accommodate some of their concerns such as drainage to the pond, the character of the neighborhood, and boring versus open cutting. She asked if Staff would be able to provide the necessary information to the neighborhood in order that residents could get answers back promptly. Gray said Engineering Staff would be looking at horizontal boring of critical sections and he can bring this back as an alternative with the fmal designs. Case said he understood Lakeland residents were not experiencing failure of septic systems and their road is not being rebuilt, so the time crunch is for the Highview residents. Perhaps there could be time to find out what Lakeland Terrace residents want. If they got this information back to Staff in a few days, and if the majority want to have the low-pressure system looked into, then the City will do that. Dietz said City Staff could poll the Lakeland Terrace neighborhood and find out if they want to go with the low-pressure system. If a majority of the neighborhood want to go with it,the City could begin the design work. They would still have to work on Highview Drive, but perhaps Council could order all the improvements except sanitary sewer for Lakeland and make a decision about whether to use a low-pressure system or gravity system at a continued public hearing on July 18. Pauly said the public hearing has been closed. It would be necessary to have a motion to reconsider the action to close the public hearing. MOTION: Tyra-Lukens moved, seconded by Case, to reconsider the motion that was passed to close the public hearing. Motion carried 4-0. MOTION: Tyra-Lukens moved, seconded by Case, to close the public hearing regarding all issues,with the exception of the sanitary sewer on Lakeland Terrace. Motion carried 4-0. MOTION: Case moved, seconded by Tyra-Lukens, to continue the public hearing on the sanitary sewer system on Lakeland Terrace until the July 18, 2000, City Council meeting. Motion carried 4-0. Dietz said Engineering Staff would begin the design work on street improvements for Highview Drive and consider reducing the street widths to 25 feet, and finalize the design work for sanitary sewer and water main work on Highview Drive and water main work on Lakeland Terrace. They will poll the neighbors on Lakeland and expect responses by the end of next week. If a simple majority of residents prefer the low-pressure system, Staff will begin the design of that system. The public hearing will continue on July 18. If Council should be uncomfortable with CITY COUNCIL MINUTES June 20,2000 Page 9 the decision-making process on July 18, Staff would probably have to delay the project until next spring. Case asked what would be the alternatives to open cutting and storm water drainage to the pond. Dietz replied that they would have to determine, through the design process, where the water is going to go. They will know that before the final design is done. If they get the approval of the neighborhood to go ahead with the low-pressure system, it would be put in along Lakeland Terrace. Lot number 4 would be on the low-pressure system also. The low-pressure system, through horizontal boring, would go down the slopes to the light rail corridor, using 3"pipes instead of the traditional 8"pipes. There will be some trimming of the trees but he didn't think it would be to the same extent as it would be with the gravity sewer system. Case said if residents are still getting a open cut through their yards they need to know. Gray replied that Staff needs to do some analysis before they would have an answer. For the water main they may have to cut through a wooded area from the road to the rail corridor. The water main would likely stay within the street area and would not change the tree canopy. All lots that are served from Lakeland Terrace would be the subject of the poll. Mayor Harris said Council can move this project forward, and leave it to Staff to get back with appropriate information, in consultation with residents, regarding a gravity system versus a low-pressure system. She thanked all those who came and participated in the public hearing. MOTION: Butcher moved, seconded by Case, to adopt Resolution No. 2000- 109 ordering improvements and preparation of plans and specifications for Highview Drive/Lakeland Terrace Area Street and Utility Improvements, as per Mr. Dietz, excluding the sanitary sewer portion on Lakeland Terrace. Motion carried 4-0. VIII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Tyra-Lukens, to approve the Payment of Claims as submitted. Motion was approved on a roll call vote, with Butcher, Case, Tyra- Lukens and Harris voting"aye". IX. ORDINANCES AND RESOLUTIONS A. TIME WARNER SYSTEM UPGRADE PERFORMANCE BOND (Resolution 2000-110) Case said that at the May 24, 2000, meeting of the Southwest Suburban Cable Commission, the Commission recommended that Time Warner's performance bond be reduced from$300,000 to $100,000. This recommendation was based on Time Warner's representation that system construction had been completed. CITY COUNCIL MINUTES NUTEs June 20,2000 Page 10 MOTION: Case moved, seconded by Tyra-Lukens, to adopt Resolution No. 2000-110 authorizing reduction in Time Warner System Upgrade Performance Bond from$300,000 to $100,000. Motion carried 4-0. X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. APPEAL OF BOARD OF ADJUSTMENTS AND APPEALS DENIAL OF VARIANCE REQUEST 2000-07,NATHAN BERGELAND Enger reported that on June 8, 2000, the Board of Adjustments and Appeals heard • Mr. Bergeland's request for Shoreland setback variances, approval to alter the non-conforming house structure, permission to allow repair, remodeling and improvements to the existing house and gazebo, and an appeal of the Building Official's order for removal or relocation of the non-conforming gazebo. The Board of Adjustments and Appeals denied the request, and Mr. Bergeland has appealed the decision. The Council was asked to set a date to hear his appeal. MOTION: Case moved, seconded by Tyra-Lukens, to set July 18, 2000, to hear the appeal of Nathan Bergeland on his variance requests and hear the appeal on the Building Official's Order for removal/relocation of the gazebo on Lot 2, Bryant Lake Heights, 7012 Willow Creek Road. Motion carried 4-0. XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Report of Councilmember Tyra-Lukens on Southwest Metro Transit Tyra-Lukens reported that Southwest Metro has several new services for the summer months. As was done last year, buses will take people to the Minnesota Fair in August. (1) A bus service funded by FamiLink, to take people to the Farmers' Market and the Halong Market in Minneapolis, for a round-trip fare of $1.00. This service will continue until August 18. (2) Bus service to Staring Lake Amphitheatre for the concert series, which began June 14 and ends August 9. The bus will pick people up along the way and take them to Staring Lake, which helps to eliminate the parking problem. The cost is 50 cents round trip. Tnformation on this service will be available at the Staring Lake kiosk. /0 CITY COUNCIL NIINUTES June 20,2000 Page 11 2. Report of Councilmember Tyra-Lukens on a Newsletter for Teens Tyra-Lukens announced that the group, Building Assets Together, applied for funding through FamiLink to publish a newsletter aimed at teens. They recently received funds from the Eden Prairie Foundation and LTCS. The newsletter was distributed at the high school towards the end of the school year, and also mailed to all Eden Prairie residents whose children are not enrolled in public schools. The newsletter includes a list of activities in which youth can become involved, such as volunteer work, sports and arts activities. The publication will come out three times a year. The group received funding for three years. The newsletter is available at the library, at FamiLink, and the front desk of the City Center. It will be put in other locations as distribution issues are worked out. 3. Councilmember Case's Inquiry about Donation of Apple Trees Case said the owners of the Eden Apple Orchard offered to give some of the trees to the City when the property was developed, and the Council had decided that some trees could be moved to the Cummins-Grill property. He recalled there were 20 trees to move. Case inquired about the status of that donation. Lambert replied he remembered the discussion, but had not seen any formal documentation that the owners have given the trees to the City. It would cost some money to move them, probably $5-$6 per tree, and he didn't know if those funds have been authorized. If they are 2 inches or less in size, the City's crews could move them, and there wouldn't be a cost. Case said it would be necessary to find out if the Heritage Preservation Commission voted to accept the trees for the Cummins-Grill property. He requested Staff to invite John Gertz to the next Council meeting,with the HPC meeting minutes indicating if the donation of the trees was approved. Enger said Staff would follow up on this. He asked Case if this donation request came from the HPC in order to establish an orchard at the Cummins- Grill property. Case replied it came from discussions he had with John Gertz in connection with the developer's agreement. 4. Councilmember Case's Inquiry Regarding Deanovitch Apartments Case said he would like a brief report on this project. He asked Staff to check on whether 20 percent of the units have been set aside for public housing rentals,if the City would want to do more of these projects, etc. Enger said he would report back at the July 18 Council meeting. � I CITY COUNCIL MINUTES June 20,2000 Page 12 B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Community Center and Round Lake Parking Permits Report for 2000-2001 School Year Lambert said the Council had requested a report following a year of this parking permit program. He asked Lyndell Frey to give a brief update on last year's experiment and recommendation on parking fees for next year. Frey said it is Staff's opinion that the parking permit program in its first year of operation was a success. In previous years many patrons of the Community Center had complained they couldn't find a place to park nearby; however, this year that has not been the case. There have been questions from school children and their parents about charging them to park. After he talked to them, however, they understood the City wasn't making money on the parking fees. The police check the lot several times a day,which is a plus for the Community Center and its patrons. Staffs recommendation is to increase the parking permit fee from $80 to $85 to be consistent with the high school, which will be increasing their rates by the same amount. A second recommendation is to allow students to purchase a parking permit after March 26 for a reduced fee of$42.50. This was not done the first year because City Staff didn't know how many spaces would be purchased. There were 310 spaces sold. The Staff report shows all available parking spaces in the High School's A and B lots have been taken for the 2000-2001 school year. Lot C has some parking spaces available. If Council approves the fee increase, Staff will begin selling permits for the Community Center and Round Lake parking lots on August 14. Butcher said she had only received one letter from a student saying the . cost was too high. However, Butcher could see no reason not to continue the program for another year. Tyra-Lukens said she received several letters. In one letter, the point was made that police should be covering the area when school lets out, to increase safety during morning and afternoon rush hours. Case said he occasionally hears about the speed and driving habits of people that are going down Valley View Road. He asked that a police car be present when school gets out each day. He suggested having a reduced rate for 2-to 4-person car pools. MOTION: Butcher moved, seconded by Case, to approve the request to continue the parking permit program for weekday, daytime use of the CITY COUNCIL MINUTES June 20,2000 Page 13 Community Center and Round Lake parking lots from 7:00 a.m. to 4:00 p.m., August 25 through June 15, including the following changes to the parking permit policy: • Increase the permit fee from $80.00 to $85.00, to remain consistent with the High School parking rate increase; and • Allow students to purchase a parking permit for a reduced fee of $42.50 if purchased after March 26. Motion carried 4-0. D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. Bond Financing Alternatives for Third Ice Rink Uram said Council received three options in their packets of information, outlining financing terms of 10, 15, and 20 years. The net proceeds are $1,000,000 in each case. The annual debt service is: 10-year bond--$150,000,or$1.48 million over the 10-year period; 15-year bond--$115,000,or$1.75 million over the 15-year period; 20-year bond--$100,000,or$2 million over the 20-year period. The interest for 10 years would be 6.22 percent, for 15 years it would be 6.4 percent and for 20 years 6.6 percent, in today's market. The City would be required to covenant that it would fund operations as long as bonds were outstanding. The bonds are not secured by general property taxes. Enger said due to the uncertain nature of the revenue stream over 20 years, the fmancial advisor and bond consultant recommended the City should reduce its risk by taking the shortest term possible. The conservative estimate that the City would sell 1,500 hours of ice time on a third rink would produce revenue of $197,000 annually; $100,000 for operational expenses and $97,000 to go to principal and debt payment. Staff would ask Council to consider a term of 12 years, which would have an annual debt service between $115,000 and $150,000, or about $30,000 above the $97,000 conservatively estimated for principal and debt payment. If revenues did not cover expenses, after 12 years the City would pay itself back for any annual shortfall. Lambert replied of the $100,000, approximately $80,000 is for operating costs and$20,000 for capital. By shortening the time frame,if the ice rink is paid for after 12 years, all of that revenue could go back into the building. CITY COUNCIL MINUTES June 20,2000 Page 14 Butcher said, thinking of other costs involved with a third rink, asked if the Zamboni would be able to take care of that third rink or if another one would be needed. Lambert replied the City has two ice resurfacers, and they should be able to handle three rinks. However, there would be other costs associated with a third rink. Mayor Harris thanked Staff for getting this information to Council in a timely fashion. E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS A. COUNCIL FORUM INVITATION Mayor Harris said Council Forum is held the first and third Tuesdays of the month from 6:30 to 6:55 p.m. in Heritage Room II. This will be scheduled time following City Council Workshops and immediately preceding regular City Council Meetings. It is important, if you wish to visit with the City Council and Service Area Directors at this time, that you notify the City Manager's office by noon of the meeting date with your request. XV. ADJOURNMENT MOTION: Butcher moved to adjourn the meeting. Mayor Harris adjourned the meeting at 9:05 p.m. CITY COUNCIL AGENDA DATE: July 18,2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Clerk's License Application List &Financial Services/ A Gretchen Laven These licenses have been approved by the department heads responsible for the licensed activity. Cigarette&Tobacco Products Champps Entertainment Inc DBA: Champps Americana (Formerly Prairie Restaurant Group Inc) Raffle H.E.A.R.T. Inc. Olympic Hills Golf Club August 14, 2000 Minnesota Medical Association Auxiliary Bearpath Golf&Country Club November 1, 2000 30-day waiver was requested. July 18,2000 - 1 - CITY COUNCIL AGENDA DATE: 07/18/00 SECTION: Consent Agenda SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R.Uram �� 3 Scott A. Kipp Welters Trailhead Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning District Change from Rural to R1-13.5 on 5.22 acres; and • Approve the Developer's Agreement for Welters Trailhead Synopsis This project is for four single-family lots located at 9630 Crestwood Terrace. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Change 2. Developer's Agreement DEVELOPER'S AGREEMENT WELTER'S TRAILHEAD THIS AGREEMENT is entered into as of July 18, 2000, by Raymond N. Welter, and Carole Welter,husband and wife,hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 5.22 acres,Planned Unit Development District Review with waivers and Zoning District Change from Rural to R1-13.5 on 5.22 acres,and Preliminary Plat of 5.22 acres into four lots and one outlot, legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. 2000-95 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review with waivers and Zoning District Change from Rural to R1-13.5,and Resolution No.2000-96 for Preliminary Plat,Developer shall to construct,develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and dated April 7, 2000,reviewed and approved by the City Council on June 6, 2000, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms,covenants,agreements, and conditions set forth in Exhibit C. 3. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES ON THE PROPERTY: Prior to the release of the fmal plat for the Property, Developer shall submit a Conservation Easement attached as Exhibit E for review and written approval by the Director of Parks, Recreation and Natural Resources, for Outlot A, as depicted on Exhibit B. Prior to the release of the first building permit for the Property, Developer shall submit evidence to the Director of Parks, Recreation and Natural Resources, that the approved Conservation Easement has been filed in the Hennepin County Recorder's/Registrar of Titles' Office. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 /2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. J. 4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors,subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 6. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland, wetland buffer strips, wetland buffer monument locations,water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the 3 approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City upon request by the City. 7. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the R1-13.5 Zoning District through the Planned Unit Development District Review for the Property as depicted in Exhibit B and incorporates said waivers as part of PUD A. Lot frontage of 76 feet for Lots 1 and 2. Code requires 85 feet. B. Side yard structure setback of 5 feet minimum one side/total of 15 feet both sides, for Lots 3 and 4. Code requires 10 feet minimum one side/total of 25 feet both sides. 8. RIGHT OF ENTRY: Developer shall grant to the City a Right of Entry, attached hereto as Exhibit H,to enter upon the Property to survey, design and construct the public storm sewer,ravine repair and trail within Outlot A, as depicted in Exhibit B. 9. SPECIAL ASSESSMENT AGREEMENT—EXHIBIT F: Prior to the release of a final plat for any portion of the Property,Developer agrees to sign an assessment agreement, in the form and substance as attached in Exhibit F, for trunk sewer and water assessments on an assessable area of 3.01acres at the per acre rate then in effect. 10. SPECIAL ASSESSMENT AGREEMENT—EXHIBIT G: Concurrent with the signing of this Developer's Agreement,Developer agrees to sign the assessment agreement attached as Exhibit G for future street, storm sewer, and utility improvements within Crestwood Terrace that will serve the Property, and for the storm sewer and ravine erosion repair for the Property. 11. STREET AND UTILITY CONSTRUCTION: Public infrastructure to serve this Property will be included within the scope of a Feasibility Study for street, storm sewer, sanitary sewer and water in the Crestwood Terrace neighborhood. Building permits for the Property shall not be issued until an Improvement Contract for the construction of these improvements has been awarded by the City Council. 12. TRAIL EASEMENT: Prior to the release of the final plat for the Property, Developer shall submit a Trail Easement attached as Exhibit I over Outlot A, as depicted on Exhibit B, for review and written approval by the Director of Parks,Recreation and Natural Resources. Prior'to the release of the first building permit for the Property, Developer shall submit evidence to the Director of Parks,Recreation and Natural Resources,that the approved Trail Easement has been filed in the Hennepin County Recorder's/Registrar of Titles' Office. WELTER'S TRAILHEAD CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2000-PUD- -2000 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the Planned Unit Development R1-13.5 Zoning District _-2000-PUD-_-2000 (hereinafter"PUD- -2000-R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of July 18, 2000, entered into between Ray and Carole Welter, Jr., and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-_-2000- R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-_-2000- R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2000- R1-13.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2000- R1-13.5 are justified by the design of the development described therein. D. PUD-_-2000-R1-13.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. 5 Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District and shall be included hereafter in the Planned Unit Development PUD-_-2000- R1-13.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of June, 2000, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 18th day of July, 2000. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on Exhibit A Legal Description Welter's Trailhead Tract D,REGISTERED LAND SURVEY NO. 1410, according to the registered survey thereof, Hennepin County,Minnesota. • • WELTER'S TRAILHEAD CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. _-2000-PUD-_-2000 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE ZONING DISTRICT, AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows the rezoning of land located at 9630 Crestwood Terrace from Rural to the R1-13.5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) Exhibit A Legal Description Welter's Trailhead Tract D,REGISTERED LAND SURVEY NO. 1410, according to the registered survey thereof, Hennepin County,Minnesota. • • • • CITY COUNCIL AGENDA DATE: July 18, 2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Eden Woods Senior Engineering Services Campus •C Randy Slick • • Requested Action Move to: Adopt the resolution approving the final plat of Eden Woods Senior Campus Synopsis This proposal, located along the east side of TH 212 across from Fountain Place. The plat consists of 11.5 acres to be developed into one lot for the construction of a 325 unit Senior Housing Campus. Background Information The preliminary plat was approved by the City Council July 20, 1999. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on September 7, 1999. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$1,254.59 • Satisfaction of bonding requirements for the installation of public improvements • Execution of Special Assessment Agreement for trunk utility improvements • The requirements as set forth in the Developer's Agreement • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor • Variance granted from City Code 12.20 Subd. 2.4. waiving the six-month maximum • time lapse between preliminary plat and final plat. • Revision to plat to include drainage and utility easement over all public utilities • Prior to release of final plat,Developer shall make payment for cash in lieu of NURP pond Attachments Drawing of final plat RS:ssa 1 CITY OF EDEN PRAIRIE - HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF EDEN WOODS SENIOR CAMPUS WHEREAS, the plat of Eden Woods Senior Campus 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 Woods Senior Campus is approved upon compliance with the recommendation of the City Engineer's report on this plat dated July 18, 2000. B. Variance is hereby granted from City Code 12.20 Subd. 2.A. waiving the six- month maximum time lapse between the approval date of the preliminary plat and • filing of the final plat as described in said engineer's report. • C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on July 18, 2000. Jean L.Harris,Mayor • ATTEST: SEAL Kathleen A.Porta, City Clerk I $ E 1- I W of 7 W L C . U, O O a O O g Z Z Z•�— i 1-O 0 Op \ ' C w \ f0 d cid Las x a x �`' :r :�i hhh o I 9S'99Y 3,YI,ISOS ••� gel 4♦ ♦ ii L Cif FS F- OfI ♦ ♦ Ir /7in.x7w BAH) 99'Sl£ 3,Yl,tS.05 \�.. ,iu was 7Ht f7]f7 lm �:'�. Km —. Dour . GpR r / -- � -/ / �I . ♦ 4, / , • / / / / `t / / I\ / /". / / I 9 o ..la / s. ✓ / ' CI) / / - /� . , •��. . \ *tx z z (., aal 6 I ....) c'..i ;- /` COi :a; ♦ W h Z IP / hI ri trA lxi. \ ` ) In g. /L` I m N ♦ / / \ ♦ R) I m O \ O ,�/ • \ J s�£4 I�� ,i ' Z . )/ l�•' O6'Z9l 3,S£,9S.lS W F- CI / ,b, 4. "' I": I 11 I'i 1 UJ \ 1 't,': ::=S: f°,1 4,• i gi — '' m _I !i ll ill / ` g ` " I zs <Eg 4� / •.!.. 3 CITY COUNCIL AGENDA DATE: July 18, 2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Settlers Ridge 6th Addition VI I ,1), Engineering Services Randy Slick Requested Action Move to: Adopt the resolution approving the final plat of Settlers Ridge 6th Addition Synopsis This plat consists of a combination of Lots 2 and 3, Block 2, Settlers Ridge Addition. This proposal falls under the guideline for a"simple subdivision" defined within the City Code. A hearing for the Vacation (00-07) of underlying easements on Lots 2 and 3, Block 2 is scheduled for July 18, 2000. Background Information Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$280.00 • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor • Completion of vacation of underlying drainage and utility easement Attachments Drawing of final plat RS:ssa CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF SETTLERS RIDGE 6TH ADDITION WHEREAS,the plat of Settlers Ridge 6th Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Settlers Ridge 6th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated July 18, 2000. B. That the City Clerk is hereby directed to supply a certified copy of this resolution- to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on July 18, 2000. • Jean L.Harris, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk a I CI s 3I g �.6 Yfa a 8 = s _ _ 2. ICi 3$ d a s g8 �s8 1 =� 1$). $ C g s Y isgag a1n 1 i tiE Q s x . " R� '^fia.c.6 yac' Y a s V 's 4411 a a Ill 1. r Y s a Y Ycga s: �a a > "i4,6 ;ai II ' a 1 m Ia 014. .444 .m mist 2 fi_�t 1 m g m € m m S.1 •_ $ TSgaso E . fig ;; 8y °4 e b sa b% fi3I a Y G II • - t# s <$ Es s €Yl Y' I$all $ xb s N, 41444 -I efi y$ tgat i $ �1; 11). i ka I liIftft l 1 fi€ e I. Sa d ;�a �g> a" • sa I mg ..... a c `Ea° ' ? ' `� 3° 3 J °za5 Na» rf _ i I la a s I l 5 ga$fi ' 1:g1a 11 i =" I: 5 21 a se 25 44 a=QY �g aE 3a ?$ II a It 1 g. ti � �� • �h � iiig bb , aen I $ v ° m lift.A r CD �i / &i / �R / V _ /C�� // • F`J // . // i N // // J'�f'Y`^',' N / / G; ...c"w-. S ,. / 1f 7� �t may,. $2 N t v�ti,4 07'4P % '. �� 5 \ sA 5$ $'r'r� • fi $ fi W �1 / Fr•�°� •`��hrf : : �2• �� Gil p���!4' f N '1,.�.- / 1• o l f1 • if , '" / 4, Yb 9) ),'e > �!tift. '/ AO i 3)6 ACC��'' j.00% l t Y i "V / �`�.� 'ram % i i / -__ A co / 9 4 ••. ,♦ .nL14) p iii J t t w \ - I. ' /^N �,, ey. �'-' - tit t 1 Nk 1 ' 92 1 t v`t ,* III 4 05.60e w { \l ` . t / b t^c•1 \•�—// f �`` C X R s r�J . L 3 CITY COUNCIL AGENDA DATE: July 18, 2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Oakparke Estates 2" V Engineering Services ► Randy Slick Requested Action Move to: Adopt the resolution approving the final plat of Oakparke Estates 2nd Synopsis The plat, located south of Pioneer Trail and east of Stable Path contains 55.0 acres to be developed into 64 single family lots and 58 townhome units, six outlots and right-of-way dedication for street purposes. Outlots C and D will be future phases. Background Information • The preliminary plat was approved by the City Council June 6, 2000. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on July 18, 2000. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$3,150.00 • Receipt of street lighting fee in the amount of$11,151.00 • Receipt of street sign fee in the amount of$3,770.70 • Satisfaction of bonding requirements for the installation of public improvements • Execution of Special Assessment Agreement for trunk utility improvements • The requirements as set forth in the Developer's Agreement • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor • Prior to release of final plat, Developer shall submit a Conservation Easement for the protection of existing trees on the property • Prior to release of final plat, a permit fee of 5% of construction value shall be paid to the City by the Developer • Prior to release of final plat, Developer shall provide to the City a 10-foot wide trail easement along the northerly property line adjacent to CSAH No. 1 Attachments Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF OAKPARKE ESTATES 2ND WHEREAS, the plat of Oakparke Estates 2nd 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 Oakparke Estates 2nd is approved upon compliance with the recommendation of the City Engineer's report on this plat dated July 18, 2000. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. 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CITY COUNCIL AGENDA DATE: July 18, 2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: - ITEM NO.: Public Works Final Plat Approval of Wingate Hotel Addition �— Engineering Services Randy Slick Requested Action Move to: Adopt the resolution approving the final plat of Wingate Hotel Addition. Synopsis This proposal is located on the West side of Mitchell Road and North of Lone Oak Road. The plat consists of 5.25 acres to be divided into two lots and one outlot. A hotel is proposed for Lot 2 and Lot 1 will be developed at a later date. Background Information The preliminary plat was approved by the City Council April 18, 2000. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on June 20, 2000. Approval of the final plat is subject to the following conditions: . • Receipt of engineering fee in the amount of$573.34 • Receipt of street lighting fee in the amount of$903.00 • The requirements as set forth in the Developer's Agreement • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor • Prior to release of final plat, Developer shall provide a signed cross-access, parking and maintenance agreement between Lot 1 and Lot 2,Block 1, Wingate Hotel. • Prior to release of final plat, Developer shall convey sidewalk and trail easements • Prior to release of final plat, Developer agrees to sign a special assessment agreement for the construction of the turn lane and sidewalk • Prior to release of final plat,Developer shall submit a conservation easement • Revision to plat to include a 20-foot drainage and utility easement over storm sewer outlet pipe Attachments Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF WINGATE HOTEL ADDITION WHEREAS, the plat of Wingate Hotel Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED BY TIJ1 EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Wingate Hotel Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated July 18, 2000. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers 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 July 18, 2000. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk I 3 I,:! 7. 112 I I E }; 1d 9 ,i Sin s.2 a 2 E 5 3.'. i w s s i s d1. na !n s Ea • i€ aI a En3 • a a 3 s ds $aa , p 'a ' 1 ?,F •l s s • 1s 1 2 za g sc i g A. 1 i: g a Hi z g a 1 ii 3E i ` 1. 4R'S a ..1a a ' s = € ' a Q : = a E a 3 ;3 i 1 b ? a 1 E 3 1; 1; 11 S a� img 3 R 9 E jj!jfl ' A Z afi I 61uq s= g a aIII g 11111 1 •1;1 41 B j C •� f a o Z At I X $3:X = 81A a ifl 98 ?1 7 < a s ' 3 Ti ' a w ' y 3 • • iu = puE x a i 5 p aa g g ° tog ,rim aEa I w%8 1 • Sjii1iih !iIiitiiJIi' r wI s s14 II ! a 1 g l- JI a II :' IA 10 sa :Of kz /a .. a m < e1` u 441 • 11r fia ^ .11a9 144 1-fie .f1w: O Oji !_ •1414 L 7w•ssoox All •." •• d:}:: .$i::' :1-1 ice,., ;.�... R 9 _•1!•,tioils• •991='0•" °e,.0 �."i irviG. 'NIA i , ""41 a ..�.. -• 9L'OYL- •• • N �� • XI - i OG'LLC - l�� - W '4 `_�cl �° ?�_Qtf027 17SH0LISY , r a� KI•. r+�z k • 1 y,Pti° 4 loi d4. Oh i N r, 81 • :• - I Al. .. ya r .8 s 5 ffi I e��T te_s $i =? S e •d I _¢$ / i 7.w`L,, i 8 ` "8'Ir\'���� n g?�n `; Al W tv re o{a 18 08 8 SIT\d ; IP; 1 !-A....- 3 ff 8�•a % Id? i 8 I i a ' s s= -r,_• Ira : ° o - t ? I ... $ Ge1L"L�Aaoos .,."1R tsoa/Lzs.ar.coos zcrt..r ' ute -:i moot �:. I �83 `II e{� 'i, j "' zo rcz\ �4r`..,-I = i r zits I{ Izert2 I I 1 1 s3i: •I �:•/LL • ? ,'t•• L` S 01~ tali i \�__ ,/ a i o'si: 3 CITY COUNCIL AGENDA DATE: July 18,2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Wellhead Protection Plan Leslie Stovring ' Requested Action Move to: Authorize the City Manager or his designee to enter into a professional service agreement with Summit Envirosolutions for preparation of a Wellhead Protection Plan(WHP) at an estimated cost of$30,600. Synopsis • Authorization of this professional service agreement would provide the City with a Comprehensive Wellhead Protection Plan that would provide us with the basis to product our wellhead area from contamination while meeting the requirements of the Federal Safe Drinking Water Act and the Minnesota Groundwater Protection Act. Background The Minnesota Department of Health(MDH)has been designated as the lead agency for developing the State's Wellhead Protection Program. This includes overseeing the development of Wellhead Protection Plans(WHP's)by individual Cities. The intent of the WHP is to evaluate measures that will be needed to protect the groundwater entering and flowing through this area in order.to protect our drinking water supply from contamination. The results of the groundwater evaluation will also be referenced in our Local Water Management Plan. The following items will be included in the Scope of Work. • Delineate a Wellhead Protection Area(WHPA)and a Drinking Water Supply Management Area (DWSMA) for each public water supply well. • • Identify potential sources of contamination to the DWSMA as well as the degrees of risk of land • uses within this area. • Define source-management controls and set priorities to control the risk and/or potential contaminant sources to minimize impacts to the DWSMA. • Identify monitoring methods to track the effectiveness of the source management controls. • Plan contingency measures to address potential interruption of public water supply if contaminants are identified within the DWSMA. The WHPA/DWSMA modeling will use pumping data and observed groundwater levels obtained using the RealFlow System previously installed by Summit. The data will allow the City to create real-time scenarios of how the wellfield will respond to pumping. The creation of the model will enable accurate delineation of the WHPA/DWSMA that will be technically, and, according to 1 Wellhead Protection Plan July 18,2000 Page 2 of 2 Summit, legally, defensible. City personnel can update the model frequently and inexpensively using the existing installation. Public Tnformation Meetings will also be held prior to finalization of the Plan to get resident input for definition of source-management controls and prioritization of efforts. Three companies were approached to provide proposals for the Wellhead Protection Plan. They included Summit Envirosolutions($30,600),Wenck Associates ($48,135)and Montgomery Watson ($26,060). However,the Montgomery Watson proposal is for modeling only and does not provide for a complete Plan as proposed by Summit and Wenck. Attachments Proposal for Assistance with Wellhead Protection Plan dated August 3, 1999. 7 * • ,soott Summit "O�.Envirosolutions • August 3, 1999 • Ms. Leslie Stovring Environmental Coordinator . . City of Eden Prairie 8080 Mitchell Road . , • Eden Prairie,Minnesota 55344-2230 . . Subject: •• ••Proposal for Assistance with Wellhead Protection Plan' City of Eden Prairie Dear Ms. Stovring: ." Summit Erivirosolutions, Inc. (Summit) is pleased to provide you with this proposal for assisting the city of Eden Prairie (City) with completion and management of a . comprehensive Wellhead Protection Plan. We employ a scientifically sound approach for wellhead protection area delineation; the level of protection for the City is directly proportional to the accuracy of the wellhead delineation. This proposal outlines an approach designed to comply with the Minnesota Rules governing wellhead protection. We have also included options that maximize the use of data and technologies to result in an integrated aquifer resource management program. ' ' . 1. INTRODUCTION . The fundamental goal of wellhead protection is to prevent contaminants, that may have, an adverse effect.on human health from entering the municipal wells, which supply the public with drinking water. , Wellhead protection is mandated under two statutes: the Federal Safe Drinking Water ' Act,(amendments passed in 1986); and Minnesota's Groundwater Protection Act of 1989. The Safe Drinking Water Act requires states to develop a wellhead.protection (WHP) _ program that provides "safe", adequate, and long-term supplies of water through best management practices. As a result of this federal legislation, the Minnesota Department of Health (MDH) has been designated as the lead agency for developing Minnesota's Wellhead Protection Program and obtaining approval of it from the United States , - Environmental Protection Agency. Under the provisions of the 1986 amendments to the Safe Drinking Water Act, and the . MDH rules relating to wellhead protection in Minnesota, public water suppliers must develop a Wellhead Protection Program that addresses the following seven items: 3 1217 Bandana Boulevard North•St.Paul,MN 55108•Phone(651)644-8080•Fax(651)647-0888 Offices Strategically Located Nationwide • Ms.Leslie Stovring Proposal for Assistance with Wellhead Protection Plan City of Eden Prairie August 3,1999 Page 2 • • 1.- Responsibilities of the state and local agencies and public water suppliers; 2. Delineation of a Wellhead Protection Area (WHPA) and a Drinking Water Supply Management Area(DWSMA)for each public water supply well;• • 3. Identification of potential sources of contamination within the DWSMA; • - 4. Methods that will be employed to protect the water supply from contamination; • 5. Means of providing• an alternate drinking water supply in 'the event of well contamination; • - 6. Measures providing for wellhead protection for all new public supply wells;-and - i 7. Procedures for public participation and input.. • • Summit has been asked to work with the City in providing assistance for Item 2. We will V work with your community's staff and/or representative to provide .a comprehensive - Wellhead Protection Program that will fulfill the requirements of the WHP mandate at the.state and federal levels. Our Aquifer Resource Management (ARM) approach will also address an issue.of the Minnesota Rules that involves maximizing the, efficiency of. the groundwater resource. A properly designed ARM program may significantly reduce, - the size of the WHPA(s) and,Therefore, the DWSMA(s) for which your WHP•manager . - . • • V would be responsible. • V • 2. PLANNING - - • An integral part of the success of a WHP program is the planning prior to and during the - WHP process. Some public water suppliers have formed a WHP Committee, comprised • of one or all of the following types of members: . V ' • ' Water Department Superintendent - • .. Council Member - • - - • Water Resources Coordinator • V - • Public Works Director V • • ' • City Attorney • • Consultant • Concerned Citizen - • . Summit can assist the City as needed in organizing a WHP Committee and will provide technical support during Committee activities. In addition, Summit will provide personnel for meetings relative to WHP issues. Ms.Leslie Stovring Proposal for Assistance with Wellhead Protection Plan City of Eden Prairie August 3,1999 Page 3 3. WELLHEAD PROTECTION AREA(WHPA)DELINEATION (Aquifer Analysis and Groundwater Modeling) • A wellhead protection area is defined as the'surface and subsurface area surrounding a well or wellfield that supplies a public water system, through which contaminants are • likely to move toward and reach the well or wellfield. The Minnesota Rules require that the WHPA delineation criteria include: time of travel (TOT) out to ten years; flow boundaries, if applicable; daily volume of water pumped; groundwater flowfield; and aquifer transmissivity. Summit employs groundwater flow modeling computer programs . that address these criteria in the delineation of WHPAs. . • . Numerical groundwater modeling, as mentioned.above, will be utilized to delineate the WHPA or "capture zone" for each well, and for the wellfield as a whole. A fmite- ' difference groundwater flow model,with a linked particle-tracking simulator will be used • to evaluate the groundwater flow patterns in response to pumping, to determine the • • resulting capture zones for the pumped wells in the wellfield, and to approximate selected time-of-travel positions within the wells' capture zones. The finite-difference groundwater flow model will focus on flow within the Prairie du Chien-Jordan Aquifer system. ' • • Input to the numerical groundwater model includes aquifer geometry, hydraulic conductivity, porosity, recharge•and leakage rates, boundary conditions, and stress • conditions(primarily well pumping rates and duration). Aquifer test results derived from field data collected using RealFlow will be used to guide the parameter specification and calibration process. Calibration of a flow model that incorporates transient-fitting as • proposed here results in lower model uncertainty than modeling that relies.only on traditional pumping-test analysis results. The approach that Summit will employ in this modeling effort involves the following steps: • Task 3A. Appropriate datasets collected by RealFlow for the City's wells will be • reviewed and selected as suitable for pumping-test analysis. Data sets will-be selected to provide information at the new well CW-13. This may include datasets collected while • CW-13 functioned as a pumping well, as well as when CW-13 functioned as an • observation well. A minimum of one dataset (with data from a minimum of 3 • observation wells and. one pumping well) will be selected that includes both pre- pumping,drawdown,and recover phase data. - Task 3B. The data identified in Task 3A will be processed and imported into AquiferTest (specialized software obtained from Waterloo Hydrogeologic, Inc.) for - analysis. • Ms.Leslie Stovring Proposal for Assistance with wellhead Protection Plan City of Eden Prairie August 3, 1999 Page 4 Task 3C. Aquifer test analysis will be completed. Analysis methods may include distance-drawdown, Theis and Jacob time-drawdown, leaky aquifer analysis, recovery analysis, etc.,as appropriate for the data. • Task 3D. A groundwater flow model will be updated and refined using • ' VisualMODFLOW. Summit previously prepared a preliminary version of the finite- - difference groundwater flow model for the City. This model will be updated by changing elevation specifications to be referenced to mean sea level, by adding the new•well • . information, updating all 'well info, and improving the specification of boundary conditions. • • Task 3E. Transient datasets, incorporating data collected at CW-13 during pumping and non-pumping periods, will be imported into the groundwater flow model. This step requires 'some processing of. datasets into the correct format that can be read by Visua1MODFLOW. • Task 3F. Model simulations will be completed as part of a calibration process whereby parameters are adjusted and the model output is then compared against the transient data. .Adjustments of parameters Within reasonable bounds are made and the transient simulations are re-run. This process continues until suitable values of' . • • transmissivity and storativity are determined, and'the model is accepted to be calibrated within an acceptable error range. • • • Task 3G. Simulations are then completed using the accepted transmissivity and • storativity parameter values to determine capture zones for the wells of the City's wellfield.' The entire wellfield's capture zones must be reanalyzed, because in effect, pumping at CW-13 modifies the flowfield and capture zones for all other wells in its vicinity (primarily the.City's wells). This task will focus on-determining 1 year and 10- • year time-of-travel capture zones, with other time periods, as required or desired by the _ City and MDH Rules. In addition, Summit proposes to complete simulations-to support a comparison of these steady-state, standard capture zones, with capture-zones that form during transient pumping scenarios that better represent the actual time-varying withdrawal of groundwater by the City. This analysis may show that the" standard definition tends,to significantly overestimate the size of capture zones. • Task 3H. " The delineated capture zone(s) or WHPA(s)_ form the basis upon which the DWSMA(s) are arrived at. The DWSMA will be bounded on all sides by existing property boundaries that fully encompass the WHPA for each well or the wellfield. 4. VULNERABILITY ASSESSMENT Once the WHPA and DWSMA have been delineated, an assessment of both the public supply well vulnerability and the aquifer vulnerability must be conducted. These vulnerability assessments are necessary to: Ms.Leslie Stovring • Proposal for Assistance with wellhead Protection Plan City of Eden Prairie August 3,1999 Page 5 • • Help"determine the degree of risk that :land uses may have on the groundwater quality; • Guide the level of effort required to conduct an"inventory of potential contaminant sources; and • • • • Help define measures for controlling potential contaminant sources so they do not present a threat to the public supply wells. • Summit will assist the City as needed and will provide technical support for preparation and submission'of the vulnerability assessments, WHPAS, and DWSMA(s) to the MDH. • The MDH review is followed by a Public Meeting and a second Scoping Meeting with the MDH. • 5. CONTAMINANT SOURCE INVENTORY • " The contaminant source inventory summarizes the land-use information that is specified - in the notification following the second Scoping Meeting with the MDH. It must address all property parcels within the DWSMA,. and identify whether a potential contaminant. source-is currently being managed under existing state or local regulatory. programs. This information will provide a basis for.evaluating the source-management problems , and opportunities within the DWSMA(s).' This information will also assist in setting priorities for implementing WHP measures for protecting the public water supply wells. - Summit will assist the City as needed in performing a comprehensive database search coupled,with a field reconnaissance trip,to complete the inventory. 'This information will be entered into the City's Geographical Information System (GIS) platform•database. Summit, in conjunction with the WHP team, will assist with categorizing the potential contaminant sources identified within..the DWSMA, and assign a ranking to each • category. The ranking is based op contaminant type with respect to site-specific conditions such as geology,well construction/condition,and well/aquifer vulnerability. • 6. WHPA MANAGEMENT This last step is the WHP Plan of Action and addresses how potential sources of contamination will be managed within the DWSMA. The plan must: • • • Identify the source-management controls that will be used; • Set the priorities for addressing potential contaminant sources; • • Identify the methods that will be used to monitor the effectiveness of the source controls; and ' • Ms.Leslie Stovring Proposal for Assistance with Wellhead Protection Plan City of Eden Prairie August 3, 1999 Page 6 • Include contingency planning provisions to address interruption of the public water supply. 7. COST ESTIMATE . . Costs for this type of project are difficult to estimate since the City's need for assistance will influence Summit's costs in development of the Wellhead Protection Plan. We have estimated the amount of time and associated costs to complete the Wellhead Protection Plan for the City. These are listed-in the table below. The City may choose to utilize City Staff to perform many of the tasks that will be required, and those items can be deleted from the scope of work that Summit would perform. • • TASK ESTIMATED HOURS RATE EXTENSION SUBTOTAL Project Management 40 $80.00 $3,200.00 Information Gathering 20 $50.00 $1,000.00 Committee Meetings 12 $100.00 $1,200.00 City Council Meetings 6 $100.00 $600.00 " Public Info Meetings 8 $100.00 $800.00 • Scoping Meetings 8 $100.00 $800.00 $7,600.00 Data Collection &Analysis 32 $80.00 $2,560.00 Groundwater Modeling - 86 $80.00 $6,880.00 Model Report 54 • $80.00 $4,320.00 $13,760.00 Vulnerability Assessment • 12 ' $100.00 $1,200.00 20 . $80.00_ $1,600.00 $2,800.00 • Contaminant Source Inventory 20 $40.00 $800.00 10 $60.00 $600.00 $1,400.00 Report Preparation 8 $100.00 $800.00 • 40 $80.00 $3,200.00 • 20 • $40.00 $800.00 8 $30.00 $240.00 $5,040.00 Total Estimated $30,600.00 Amount . • Ms_Leslie Stovring • -Proposal for Assistance with Wellhead Protection Plan City of Eden Prairie August 3,1999 • Page 7 If you have questions regarding the proposed-scope of services or the project in general, please contact us.at(651) 644-8080. Sincerely, • Summit En 'r tions,Inca • aul B._Donovan,P.E. Senior Field.Engineer Reviewed By: S GG • BLG/pdb • ACCEPTANCE: • • • • • Client: Signature: • • Date: • • vol 2/waterrm/proposal/edenprai/whpa CITY OF EDEN PRAIRIE • GENERAL CONDITIONS Testing, Sampling and Environmental SECTION 1: PROJECT INFORMATION by Consultant's negligence. 1.1 City will provide to Consultant all known information 2.5 City agrees to render reasonable assistance requested by regarding existing and proposed conditions of the site or which Consultant to enable performance of work without delay or affects the work to be performed by Consultant. Such interference,and upon request of Consultant,to provide a suitable information shall include, but not be limited to site plans, workplace. surveys, known hazardous waste or conditions, previous laboratory analysis results,written reports,soil boring logs and 2.6 City will be responsible for locating and identifying all applicable regulatory site response(Project Information). subterranean structures and utilities. Consultant will take reasonable precautions to avoid damage or injury to subterranean 1.2 City will transmit to Consultant any additions,updates,or structures and utilities identified and located by City and/or revisions to the Project Information as it becomes available to representatives of Utility Companies. City,its subcontractors or consultants. SECTION 3: SAMPLES 1.3 City will provide an on-site representative to Consultant within 24 hours upon request, to aid, define, supervise, or 3.1 Consultant may retain at its facility selected soil, water, or coordinate work or Project Information as requested by material samples for a maximum of 30 days after completion of Consultant. the work and submission of Consultant's report,which samples . shall remain the property of City. Unless otherwise directed by 1.4 Consultant will not be liable for any decision,conclusion, the City,Consultant may dispose of any samples after 30 days. recommendations, judgement or advice based on any inaccurate information furnished by City, or other 3.2 Disposal of contaminated or hazardous waste samples is the subcontractors or consultants engaged by City. responsibility of City. After said 30 days,City will be responsible to select and arrange for lawful disposal procedures that include SECTION 2: SITE LOCATION,ACCESS,PERMITS, removal of samples from Consultant's custody and transporting APPROVALS AND UTILITIES them to a disposal site. City may request, or if City does not arrange for disposal, Consultant may deliver samples to City, 2.1 City will indicate to Consultant the property lines of the freight collect,or arrange for lawful disposal and bill City at cost site and assume responsibility for accuracy of markers. plus 15%. • 2.2 City will provide for right-of-way for Consultant personnel SECTION 4: FEE PAYMENT • and equipment necessary to perform the work. 4.1 Consultant will submit invoices to City monthly,and a fmal 2.3 City will be solely responsible for applying for and invoice upon completion of work. Invoices will show charges obtaining permits and approvals necessary for Consultant to based on the current Consultant Fee Schedule or other documents perform the work. Consultant will assist City in applying for as attached. and obtaining such permits and approvals as needed. It is understood that City authorizes Consultant to act as agent for 4.2 The balance stated on the invoice shall be deemed correct City for City's responsibilities under this section including unless City notifies Consultant,in writing,of the particular item signing certain forms on City's behalf such as Right-of-Way that is alleged to be incorrect within ten (10) days from the forms. invoice date. Consultant will review the alleged incorrect item within ten(10) days and either submits a corrected invoice or a 2.4 While Consultant will take reasonable precautions to statement indicating the original amount is correct. minimize any damage to property,it is understood by City that in the normal course of the work some damage may occur. 4.3 Payment is due upon receipt of invoice(or corrected invoice) The correction of any damage is the responsibility of City or, and is past due sixty(60)days from invoice date. On past due at City's direction,the damage may be corrected by Consultant accounts,City will pay a finance charge of 1.5%per month on the and billed to City at cost plus 15%. Notwithstanding the unpaid balance, or the maximum allowed by law,whichever is above,Consultant agrees to be responsible for damage caused less,until invoice is fully paid. City of Eden Prairie General Conditions Testing,Sampling and Environmental June 2000 Page 1 of 4 JO that it acquires,uncovers,or generates in the course of performing 4.4 If City fails to pay Consultant within sixty (60) days the work, except as and to the extent Consultant may,in its sole following invoice date, Consultant may deem the default a discretion,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 however,will not be relieved of Fee Payment responsibilities by the default or termination of the agreement. 6.1 City will pay all reasonable litigation or collection expenses including attorney fees that Consultant incurs in collecting any 4.5 City will be solely responsible for applying for and delinquent amount City owes under this agreement. obtaining any applicable compensation fund reimbursements from various state and federal programs. Consultant may 6.2 If City institutes a suit against Consultant,which is dismissed, assist City in applying for or meeting notification dropped,or for which judgement is rendered for Consultant,City requirements,however. Consultant makes no representations will pay Consultant for all costs of defense, including attorney or guarantees as to what fund reimbursement City may receive. fees,expert witness fees and court costs. Consultant shall not be liable for any reductions from reimbursement programs made for any reason by state or 6.3 If Consultant institutes a suit against City,which is dismissed, federal agencies, except as may be caused by Consultants dropped,or for which judgement is rendered for City,Consultant negligence. will pay City for all costs of defense, including attorney fees, expert witness fees and court costs. 4.6 City may withhold from any final payment due the Consultant such amounts as are incurred or expended by the 6.4 At the option of the party asserting the same, all claims, City on account of the termination of the Contract. disputes and other matters in question (hereinafter "claim") between the parties to this Agreement, arising out of or relating SECTION 5: OWNERSHIP OF DOCUMENTS to this Agreement or the breach thereof whereby the party or parties asserting the same claims entitlement to damages or 5.1 Consultant will deliver to City certain reports as payment of less than$25,000.00 in aggregate maybe decided by instruments of the professional work or services performed arbitration in accordance with the Construction Industry pursuant to this Agreement. All reports are intended solely for Arbitration Rules of the American Arbitration Association then City,and Consultant will not be liable for any interpretations existing unless the parties mutually agree otherwise. In the event made by others. any person shall commence an action in any court for any claim arising out of or relating to this Agreement or the breach thereof 5.2 City agrees that all reports and other work furnished to or the Project or construction thereof or any contract for such City,or City's agents or representatives,which are not paid for, construction,the party making a claim in arbitration may dismiss will be returned to Consultant upon demand and will not be such proceedings (unless the hearing on the claim has used by City for any purpose. commenced) and elect to assert its claim in such action if such party could have done so but for the provisions of this Paragraph. 5.3 Unless otherwise agreed, Consultant will retain all pertinent records or reports concerning work and services , SECTION 7: STANDARD OF CARE performed for a period of at least two(2)years after report is submitted. During that time the records will be made available 7.1 Because no sampling program can prove the non-existence or to City during Consultant's normal business hours. City may non-presence of contaminated conditions or materials throughout obtain reproducible copies of all software, manuals, maps, the"entire"site or facility,Consultant cannot warrant,represent, drawings, logs and reports at cost, plus 15%, for data and guarantee, or certify the non-existence or non-presence, or the materials not being provided as part of the scope of work for extent of existence or presence, of contaminated conditions or the project. materials, and City's obligation under this agreement will not be contingent upon Consultant's delivery of any warranties, 5.4 City may use the Consultant report in its entirety and may representations,guarantees,or certifications. make copies of the entire report available to others. However, City shall not make disclosure to others of any portions or 7.2 Consultant's opinions, conclusions, recommendations, and excerpts of a report constituting less than the entire report,or report will be prepared in accordance with the proposal,scope of to mislead others by omitting certain aspects contained in the work, and Limitations of Environmental Assessments and no report. warranties, representations, guarantees, or certifications will be made. Except that Consultant warrants that hardware and 5.5 Consultant will consider Project Information as software will perform as represented in proposal and other parts confidential and will not disclose to third parties information of this agreement. City of Eden Prairie General Conditions Testing,Sampling and Environmental June 2000 Page 2 of 4 1 C performance of the work without obtaining the prior written 7.3 Although data obtained from discrete sample locations will consent of the other party, which consent will not be be used to infer conditions between sample locations no unreasonably withheld. guarantee may be given that the inferred conditions exist because soil, surface and groundwater quality conditions SECTION 12: DELAYS between sample locations may vary significantly,and because conditions at the time of sample collection may also vary 12.1 If Consultant is delayed in performance due to any cause significantly with respect to soil, surface water and beyond its reasonable control,including but not limited to strikes, groundwater quality at any other given time and for other riots,fires,acts of God,governmental actions,actions of a third reasons beyond Consultant's control. 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. 7.4 Consultant will not be responsible or liable for the Consultant will be entitled to payment for its reasonable interpretation of its data or report by others. additional charges,if any,due to the delay. SECTION 8: GENERAL INDEMNIFICATION SECTION 13: EXTRA WORK 8.1 Consultant will indemnify and hold City harmless from 13.1 Extra work,additional compensation for same,and extension and against demands, damages, and expenses caused by of time for completion shall be covered by written amendment to Consultant's negligent acts and omissions, and breach of this agreement prior to proceeding with any extra work or related contract and those acts,omissions,and breaches of persons for expenditures. whom Consultant is legally responsible. City will indemnify and hold Consultant harmless from and against.demands, . SECTION 14: WITHHOLDING TAXES damages, and expenses caused by City's negligent acts and omissions, and breach of contract and those acts, omissions, 14.1 No final payment shall be made to the Consultant until and breaches of persons for whom City is legally responsible. Consultant has provided satisfactory evidence to the City that Consultant and each of its Subcontractors has complied with the SECTION 9: INSURANCE provisions of Minn. Stat. 290.92 relating to withholding taxes upon wages. A certificate by the Commissioner of Revenue shall 9.1 Consultant shall procure and maintain insurance for satisfy this requirement. protection from claims against it under workers compensation acts in statutory amounts and public liability/property damage SECTION 15: AUDIT of not less•than $1,000,000 per claim and $3,000,000 in aggregate. 15.1 The books,records,documents and accounting procedures and practices of the Consultant or other parties relevant to this 9.2 Consultant shall procure and maintain professional liability Agreement are subject to examination by the City and either the insurance for protection from claims arising out of professional Legislative Auditor or the State Auditor as appropriate. services caused by any negligent act, error or omission for which Consultant is legally liable. SECTION 16: PAYMENT TO SUBCONTRACTORS 9.3 Certificate of insurance will be provided to City upon 16.1 The Consultant shall pay any Subcontractor within ten(10) request. days of the Consultant's receipt of payment from the City for undisputed services provided by the Subcontractor. The SECTION 10: TERMINATION Consultant shall pay interest of one and one-half percent(12%) per month or any part of a month to a Subcontractor on any 10.1 The agreement between Consultant and City may be undisputed amount not paid on time to the Subcontractor. The terminated by either party upon thirty- (30) days written minimum monthly interest penalty payment for an unpaid balance notice. 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 10:2 If the agreement is terminated prior to completion of the Subcontractor. project, Consultant will receive an equitable adjustment of compensation. SECTION-17: DATA PRACTICES ACT COMPLIANCE SECTION 11: ASSIGNMENT 17.1 The Consultant shall at all times abide by Minn.Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the 11.1 Neither party may assign duties,rights or interests in the extent the same is applicable to data and documents in the City of Eden Prairie General Conditions Testing,Sampling and Environmental June 2000 Page 3 of 4 possession of the Consultant. SECTION 18: ENTIRE AGREEMENT 18.1 This Agreement contains the entire understanding between the City and Consultant and supersedes any prior written or oral agreements between them respecting the written subject matter. There are no representations, agreements, arrangements or understandings,oral or written between City and Consultant relating to the subject matter of this Agreement which are not fully expressed herein. 18.2 The agreement between Consultant and City may be modified only by a written amendment executed by both City and Consultant. 18.3 This agreement is governed by the laws of the State of Minnesota. . • • City of Eden Prairie General Conditions Testing,Sampling and Environmental June 2000 Page 4 of 4 13 CITY COUNCIL AGENDA DATE: July 18,2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: LC. 99-5496 ITEM NO.: Public Works Service Area Agreement for Participation with Hennepin Eugene A.Dietz County for Construction of Bicycle Trail on -t�-r; • A CSAH 4 �--t— Requested Action Move to: Approve agreement with Hennepin County for construction of a bicycle trail on Eden Prairie Road (CSAH 4) from Edenwood Drive to Hillcrest Lane and authorize the Mayor and Manager to execute the document. Synopsis City Council ordered the improvement of the trail section along the east side of Eden Prairie Road between Hillcrest Lane and Edenwood Drive approximately a year ago subsequent to a bicycle accident that occurred in that vicinity. Preliminary plans have been completed and during the review process with Hennepin County it was discovered that partial funding was available from Hennepin County. This agreement provides that Hennepin County will pay half of the cost of construction of the trail up to $29,000(current estimate is $54,000). Background Information The segment of trail along the east side of Eden Prairie Road, north of Edenwood Drive has been identified as a priority for utilization of funds from the annual trail maintenance budget. Staff discovered that Hennepin County had funding available to participate in the cost of the installation and have pursued the agreement with Hennepin County to allow the cost sharing for • the project. Although this has created approximately a six-week delay in proceeding with the project, it seemed appropriate to involve the County in a trail installation along this roadway. The participation agreement spells out a cap of $29,000 for Hennepin County's share of construction only (engineering fees are not eligible). The agreement further defines that the on- going maintenance responsibility will be by the City of Eden Prairie. However, that would be the case in any event. Staff recommends approval of the agreement. The project is expected to be constructed later this summer subject to receipt of easements from adjacent property owners and competitive bids. Attachments • Agreement Agreement No. PW 30-49-00 • County Project No. 0030 County State Aid Highway 4 City of Eden Prairie County of Hennepin AGREEMENT FOR PARTICIPATION IN THE CONSTRUCTION AND MAINTENANCE • OF BICYCLE TRAIL THIS AGREEMENT,Made and entered into this day of ,2000, by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota,hereinafter referred to as the "County",and the City of Eden Prairie, a body politic and corporate under the laws of the State of Minnesota,hereinafter referred to as the"City". • • WITNESSETH: WHEREAS,The City has requested County participation in the construction costs of a bicycle trail along the east side of County State Aid Highway No. (CSAH)4 (Eden Prairie Road) from Edenwood Drive to Hillcrest Lane; and • WHEREAS,The construction of said bicycle trail hereinbefore described, shall be identified and accomplished under City of Eden Prairie Project No. I.C. 99-5496 (a.k.a.Hennepin County Project No. 0030)hereinafter referred to as the "Project"; and WHEREAS,The City or its agents have prepared plans and specifications for the construction of said Project; and • WHEREAS,The County has reviewed the proposed bicycle trail location and has determined that said trail location is included in the"Hennepin County Bicycle Transportation System Plan"dated March,2000; and WHEREAS,Said bicycle trail construction is eligible for participation under Hennepin County's bikeway cost participation policy; and WHEREAS,It is considered mutually desirable to construct said proposed bicycle trail; and WHEREAS,The City or its agent has prepared an Engineer's Estimate of quantities and unit prices for the construction contract work in the amount of Fifty Three Thousand Seven Hundred Thirty Eight Dollars and No Cents ($53,738.00). A copy of said estimate marked Exhibit"A"is attached and by this reference made a part hereof; and WHEREAS, Said proposed Project lies within the corporate limits of the City; and -�/_ vAI L Agreement No. PW 30-49-00 CSAH 4, C.P. 0030 WHEREAS,The City has requested that the County approve the plans and specifications and that the County authorize the City to perform the work in accordance with said plans and specifications for said Project; and WHEREAS,It is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59. NOW THEREFORE,IT IS HEREBY AGREED: I The City or its agents shall prepare the necessary plans, specifications, and proposals; shall. • advertise for bids for the work and construction,receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder. • The contract shall include the plans and specifications prepared by the City or its agents and approved by the County. Two (2) sets of approved plans shall be provided at no cost to the County prior to the start of any construction. II • The City shall administer the contract and perform all required engineering, inspection and testing. •The City shall also obtain, and comply with, any and all permits and approvals required from other governmental or regulatory agencies to accomplish said Project. Said permits and approvals shall be made available to the County upon request. ' The County Engineer or his staff shall have the right, as the work progresses,to enter upon the jobsite to make any inspections deemed necessary,but will have no responsibility for the supervision of the work. III The County agrees that the City may make changes in the plans or in the character of said construction which are reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner consistent with the plans and specifications approved by the County. It is further agreed by the County that the City may enter into change orders or supplemental agreements with the City's contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans,within the -i3 Agreement No.PW 30-49-00 CSAH 4, C.P. 0030 original scope of the Project. Said changes may result in an increase or decrease to the County's cost participation estimated herein. The County shall have the opportunity to review any proposed changes to the plans and specifications as they relate to the County's cost participation prior to the work being performed. The County Engineer or his designated representative shall have the right to approve any change orders or supplemental agreements prepared by the City that affect the County's share of the construction cost. The County further agrees that it will participate in the settlement of any claims from the City's contractor that involve delays attributable to unreasonable delays in approval by the County for plan or specification changes deemed necessary by the City Engineer or his staff. The amount of County participation in any such claims shall be commensurate with the percentage of delay directly attributable to the County's actions. IV The City or its agents, at its or their own expense,shall acquire all additional right of way and/or easements required for the construction of said Project. All additional right of way and/or easements obtained by the City shall be acquired in a manner that will not preclude future use by the County for transportation purposes. The County will not participate in the right of way and/or easement acquisition costs for said Project. V The County shall reimburse the City for fifty(50)percent of the construction costs of said Project as shown in Exhibit"A". The City understands and agrees that the County's participation in said construction costs shall not exceed Twenty Nine Thousand Dollars and No Cents($29,000.00). For informational purposes only,the County's share of the construction costs for said Project is estimated to be Twenty Six Thousand Eight Hundred Sixty Nine Dollars and No Cents($26,869.00). It is understood that engineering costs incurred by the City shall not be considered construction. costs and will not be reimbursed by the County. It is further understood that the Engineer's Estimate referred to on Page 1 of this Agreement is an estimate of the construction cost for said Project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the City Engineer or its designated representatives shall govern in computing the total final construction cost for apportioning the costs of said Project according to the provisions herein. VI After awarding the construction contract to the successful bidder the City will invoice the • • Agreement No.PW 30-49-00 CSAH 4, C.P. 0030 County for ninety five(95)percent of the estimated County share in the construction costs for the Project. Said County's share in the construction costs shall.be based on actual contract unit prices for estimated quantities shown in the plans for said Project at the time of award. The County will within forty five (45)days of said invoice, deposit with the City funds totaling the amount of said invoice. In the event the City Engineer or his staff determines the need to amend the work required on the Project with a supplemental agreement or change order which results in an increase in the County's proportionate share of the construction costs, the County hereby agrees to remit within forty five(45) days of invoice from the City for said change an amount equal to ninety five(95)percent of the estimated increase in the County's share of the construction costs as documented in the executed supplemental agreement or change order, subject to the provisions of Article V herein. The remainder of the County's share in the construction costs, including additional costs resulting from supplemental agreements and.change orders,is to be paid to the City upon the completion of the Project and submittal to the County of the City Engineer's Final estimate for said Project. Upon the completion and acceptance of the work provided for in this Agreement the City shall determine and compute the total amount due the City from the County as set forth herein,based on the actual Contract unit prices for work completed by the Contractor and the final quantities as measured by the City Engineer and designated representatives. The City shall apply on the payment thereof as much as may be necessary of the aforesaid funds deposited by the County. If the amount found due from the County is less than the amount of the funds deposited,then, and in that event,the balance of said deposited funds shall be returned without interest to the County. If the amount found due from the County exceeds said amount of funds deposited, then, and in that event,the County agrees to pay to the City within forty five(45) days of receipt of an invoice from the City,the difference between said amount found due and said amount of funds deposited. All payments to the City must be postmarked by the date due or a late penalty of one(1)percent per month, or fraction thereof, on the unpaid balance may be charged to the County. The County shall pay the amount due as stated on the invoice,notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the County,the City shall reimburse the disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the City. Daily interest shall be at the rate of one (1)percent per month on the disputed amount. VII All records kept by the City and the County with respect to this Project shall be subject to examination by the representatives of each party hereto. VIII It is understood and agreed that upon completion of the Project proposed herein, all bicycle trails,retaining walls, fences and culverts included in said Project shall become the property of the City _ 15 \NL Agreement No.PW 30-49-00 CSAH 4, C.P. 0030 and all maintenance,restoration,repair or replacement required thereafter shall be performed by the City at no expense to the County. It is hereby understood that the County requires an operational clear zone along the side of the road for storage of snow removed from County roadways. ,The City hereby agrees to be responsible for the removal of any snow that may be placed on its bicycle trails as a result of the County's snow removal operations on the County's roadways within the limits of said Project. The City agrees to defend, indemnify and hold harmless the County,its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action,judgments, damages, losses, costs or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the City, its subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the ownership,maintenance, existence, restoration,,repair or replacement of the City owned improvements. The City's liability under this indemnification obligation shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. • IX Each party agrees that it will be responsible for its own acts and the results thereof,to the extent authorized by the law, and shall not be responsible for the acts of the other party and the results thereof. The County's and the City's liability are governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. X • The City also agrees that any contract let by the City or its agents for the performance of the work on County State Aid Highway No. 4 as provided herein shall include clauses that will: 1) Require the Contractor to defend,indemnify, and hold the County,its officials, officers, agents and employees harmless from any liability, causes of action,judgments,damages,losses, costs or expenses including, without limitation,reasonable attorneys' fees, arising out of or by reason of the acts and/or omissions of the said Contractor,its officers, employees, agents or subcontractors;2)Require the Contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement; and 3)Require the Contractor to provide and maintain insurance in accordance with the following: 1. Commercial General Liability on an occurrence basis with Contractual Liability and Explosion, Collapse and Underground Property Damage(XCU)Liability coverages: Limits General Aggregate $1,000,000 - wL Agreement No.PW 30-49-00 CSAH 4, C.P. 0030 Products--Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence- Combined Bodily Injury and Property Damage $1,000,000 Hennepin County shall be named as an additional insured for the Commercial General Liability coverage with respect to operations covered under this Agreement. 2. Automobile Liability: Combined Single limit each occurrence coverage or the equivalent covering owned,non-owned, and hired automobiles: $1,000,000 3. Workers' Compensation and Employer's Liability: A. Workers' Compensation Statutory If the Contractor is based outside the State of Minnesota, coverages must apply to Minnesota laws. .B. Employer's Liability-Bodily injury by: Accident-Each Accident $100,000 Disease-Policy Limit $500,000 Disease-Each Employee $100,000 An Umbrella Liability policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above subparagraphs establish minimum insurance requirements. It is the sole responsibility of the City's Contractor to determine the need for and to procure additional insurance which may be needed in connection with said Project. All insurance policies shall be open to inspection by the County and copies of policies shall be submitted to the County upon written request. XI It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any �- �,,�L • Agreement No.PW 30-49-00 CSAH 4, C.P. 0030 act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. • 'Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or . omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. XII . In order to coordinate the services of the City with the activities of the County so as to accomplish the purpose of this Agreement,the County Engineer or his designated representative shall manage this Agreement on behalf of the County and shall serve as liaison between the County and the City. In order to coordinate the services of the County with the activities of the City so as to accomplish the purpose of this Agreement, the City's Public Works Services Director or his designated representative shall manage this Agreement on behalf of the City and shall serve as liaison between the City and the County. 'XIII It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations,variations,modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XIV The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. Agreement No.PW 30-49-00 CSAH 4, C.P. 0030 IN TESTIMONY WHEREOF,The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. • CITY OF EDEN PRAIRIE (Seal) By: Mayor Date: • And: • Manager . • .. Date: COUNTY OF HENNEPIN ATTEST: By: By: Deputy/Clerk of the County Board Chair of its County Board Date: Date: APPROVED AS TO FORM: Arid: • Assistant/Deputy/County Administrator ,By: Date:As 'jRLUJ' tant County Attorney And: Date: I'M(V) Assistant County Administrator,Public Works and County Engineer Date: APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL By: By: Assistant County Attorney Director,Transportation Department Date: Date: - vvL D o m - O O O O O o 0 0 0 0 0 0 0 0 0 • W o (..0 : _ _ too00000to 0000000 - m i--- = ' r- co -zro00 � ooc6Coai > N to r 0 CO CO �• ti N CO O to CO O CO LI 00 .a to CO r Cr). CO CO CO r` Cr) r CO N N CO i=-- r N (C CO r N r CO Q # N t._ ...i 0.. `} ` 6. 69- 69. 6. CA. efl• 69- 69- 69- 69. 69- 69. 69. 69 e9. eg .•c+ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -• 10000000 L0 O O O O O O O 17 i'-"_ ' N- O O -4 O O O ti O O O O O O CA - ^'/ N 10 r O CO C:) mot' N. 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Q UIiilit W W • W CD = Y Cl- I-. � ��F t: O X m W Q -1 O Y Y � _ F.c-;; . N 0 WCD � � ›- 0 0 W Z2 a_ al '- =12zcx = CLYZu) u. 000 Cd' _$Im QU` L02C) > O _ I- W WO r_4- 00CC0 ONrr ;• Q -1W WO ,t10 '.• r en to 0 m Cn Cn Cll Cn W _ • 77771' . r N M Co M r N r rt r N r N In 4.. a 1r E= O O N O O O r 0 0 0 0 0 0 0 0 tC� is to to tin CD t1] to to CO to us to to O CD ;�4.'` r IC) t.C) e- o r ,- r N- -4 M (C CC') O to _a v "b_d N O O r •Tr r O N to CO r� r� t` 1` U ' • O r r N M "or t.C) to to to to IC) to to to V - IN N N N N N N N N N N N N N N Hennepin County Agreement No.PW 30-49-00 / Exhibit"A"; Sheet 1 of 1 L CITY COUNCIL AGENDA DATE: July 18, 2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: LC.00-5509 ITEM NO.: Public Works Servic Area Award Contract for Standby Natural Gas Eugene.A.Dietz p" Generators V_. Requested Action Move to: Award contract for four standby natural gas generators for Well Pump Houses Nos. 2, 9, 11, and 13 and electrical retrofit for Well Pump House•No. 2 in the total amount of$196,770 (Alternate Bid B and C). . Synopsis As part of the Water Treatment Plant Expansion project,the treatment facility has been equipped with a standby power supply that will enable the plant to operate independent of NSP in emergency. situations. These standby generators at four wells will allow the same independent operation during emergency situations for a total system compatibility. In addition, the Utility is able to take.advantage of reduced power costs, since we are able to shed power demand during • peak electrical usage periods. Background Information Practical design of a Water Treatment Plant provides for two sources of electricity in order to allow continuous operation during electrical outages and emergencies. Prior to the last plant expansion project, the Water Treatment Plant had been provided NSP power from two directions — but still on the still basic power grid. With the expansion project, a standby generator was added to the facility that provides an independent backup source of power to the NSP grid and also allows for a reduced rate from NSP, since we are able to shed power during peak demand periods. This contract to add standby generation at four wells will provide a completely independent system from the NSP power grid for our ultimate winter demand of six to eight million gallons per day. This means that during an emergency situation, we will be able to provide our customers continuous service for all but outside water use. Therefore, in accordance with our emergency operation plan, if we lost power from the NSP grid, we would call a watering- emergency, ban all outside uses (irrigation, car washing, etc.) and we would still be able to provide fire flow and average daily winter demand use for both residential and commercial customers. Alternate C of the bid proposal provides for adding a variable frequency drive mechanism at Well No. 2 (the other three wells are already so equipped), which will bring the four wells equipped with standby power to current state of the art. Standby power and variable frequency drives all provide the ability to reduce peak power demand. NSP offers a rebate program for the installation of these types of devices and also an associated reduced power rate for these types of installations. Although the rebate has not been negotiated with NSP for this project, previous rebates have been in the order of 25% of installation cost. The bids for this project have been extremely competitive and approximately 30% below Engineer's Estimate. While we are not certain, we speculate that there may have been a "glut" of standby generation units as a result of the Y2K issues of last year. In combination with the NSP incentives, this project represents a timely and cost-effective means to reduce reliance on NSP and create a higher degree of reliability for our customers. Although these standby generators will rely on having a natural gas supply from Minnegasco, the level of calamity that would be necessary to disrupt both NSP and Minnegasco at the same time is viewed as a modest risk. The alternative would be to provide a diesel tank storage facility at each well for total independence, but the likelihood of spills, contamination and increased maintenance is much higher than the risk of loosing access to both energy supplies. Staff recommends award of the contract to Bacon's Electric. Attachments Letter from TKDA TKDA TOLTZ,KING,DUVALL,ANDERSON AND ASSOCIATES,INCORPORATED ENGINEERS•ARCHITECTS• PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL,MINNESOTA 55101-2140 PHONE:651/292-4400 FAX:651/292-0083 June 30,2000 • 9Ogn` Excellence Mr. Eugene A. Dietz Director of Public Works City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota, 55344-2230 Re:• Tabulation of Bids Standby Natural Gas Generators For Well Pumphouses Nos. 2, 9, 11 and 13 Improvement Contract No. 00-5509 City of Eden Prairie, Minnesota TKDA Commission No. 12047-01 • Dear Mr. Dietz: Enclosed for your information is the Tabulation of Bids which were received for the above • • referenced project. Four firms submitted bids on June 29, 2000. The bidders, along with their bids, are listed below: Alternate Alternate Alternate Bidder Base Bid Bid A Bid B Bid C -Add Bacon's Electric $70,000 $132,000 • $165,500 $31,270 Electrical Installation & Maintenance Co. $74,740 $136,890 $169,705 $41,665 Ridgedale Electric $80,500 $152,500 $211,000 $40,000 Total Construction and Equipment,Inc. $83,275 $138,975 $176,975 $33,250 The City has the right to award the contract to the lowest responsible bidder under the base bid, Alternate Bid Proposal A or Alternate Bid Proposal B, and to select Alternate Bid Proposal C, if desired. An Equal Opportunity Employer Mr.Eugene A. Dietz June 30,2000 Page 2 • TKDA staff has checked references and the bids submitted by the low bidder under all of the bid proposals, and find the low bidder responsible and that their bid proposals submitted meet the requirements of the project specifications. The engineer's initial estimate to the City for this project was $310,000. The low bidder submitted a bid of$196,770 for the four standby generators and for the electrical retrofit desired at Well Pumphouse No. 2. It is our recommendation that the City award a contract to the lowest responsible bidder,Bacon's Electric Company, for an amount of$196,770. This contract amount is based upon the costs listed under their Alternate Bid Proposal B with the addition of Alternate Bid Proposal C costs. Their bid proposal should be included as part of the Contract Documents. Sincerely yours Verne E. acobsen,P.E. VEJ:j Attachment: Tabulation of Bids o J 0 Q 0 -' O cc I- W N n I- W N Zzw N JC3z w Owm 0) owcc om ¢ wp OC'3 ,- 00 ZwZ F- oo z z cOi� ¢ z , 2 r 0 H m rfr 0 O O o --1Lum 0 � wm 0 > cd2 m o ccctz o OOCQz ❑ aa 6" Q EE Uz W. 00CM N Omm W p co W U W Ozom co U m U O Z Z T Z z NcnZ w <- E O Q ❑ 0 w Ozz ❑ I- Q W * 49. te o OWm O Owm 0 m -1 z o cc J Z . -I I- MN gg I- MN UZz OYW Ca �n CCM mM 0 U 0 O Z z_ J W Q WZ 0 m Ee. 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O -' N � za- o OQQ 0 < < °w- 1` w UWZ OZpCN O 00z0 nz rcOMOCZZ OO ¢ Jw = w acwn � r o a ¢ OD .9. r � cwn wg : aea CO i iaoOCOH DDa0 OZ ❑ SOW.❑ F- ❑ mZ - a CC F- 0 ~aiwZ W ZO WjaJWZa cp � Fw-- WNZ > Qa WO ° �z � W �O—)-� w F. < mwOwm wow ama ¢ � J m00 m❑ uOcn a0 — pZ -1 Ow ❑ c~i) zc=n z0 = OEOW a20 °- J °.. oi = a CCF- � WOC W ~ W ¢ W0 w co !W- c W °' 2 ¢ W w0C FW- inCCCz2CC > 2W u) � UU m 0 QZ � ZQ = 2i 6 .4...„ 00 ... CITY COUNCIL AGENDA DATE: July 18, 2000 SECTION: Consent Calendar • SERVICE AREA/DIVISION: ITEM DESCRIPTION: LC. 52-196 &98-5466 ITEM NO.: Engineering Services Award Contract for Lincoln Lane and Forest Rodney.W. rue Hills Road Street and Storm Sewer. V I I , 3- Improvements Requested Action • Move to: Award Contract for I.C. 52-196 and 98-5466 (Lincoln Lane and Forest Hills Road Street and Storm Sewer Improvements)to Midwest Asphalt Corporation in the amount of$149,415.00. Synopsis Sealed bids were received Thursday, June 29, 2000 for this combined project. Four bids were received and are summarized on the attached Summary of Bids. The Lincoln Lane Improvements came in 7% above the Engineer's Estimate. However, this was a re-bid of the same project where last year one bid was received and subsequently rejected.. The previous bid was 36% above the Engineer's Estimate while this bid is only 7% over. So even though the project was delayed one year, combining this bid with a similar project, did provide a competitive bid process and some project savings. The Forest Hills Road Improvements came in 4%below the Engineer's Estimate. Therefore, we, recommend awarding the contract for both the Lincoln Lane and Forest Hills Road Street and Storm Sewer Improvements to Midwest Asphalt Corporation in the amount of $149,415.00. Attachments • Consultant's recommendation letter and Summary of Bids CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION ACCEPTING BID WHEREAS,pursuant to an advertisement for bids for the following improvement: LC. 52-196 and 98-5466— Lincoln Lane and Forest Hills Road Street and Storm Sewer Improvements Bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS,the City Engineer recommends award of Contract to MIDWEST ASPHALT CORPORATION as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with Midwest Asphalt Corporation in the name of the City of Eden Prairie in the amount of$149,415.00 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on July 18, 2000. Jean L.Harris, Mayor ATTEST SEAL Kathleen A. Porta, City Clerk I I I Engineering•Surveying -71 � j ; ) Landscape Architecture 1 June 30, 2000 City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Attn: Alan Gray,P.E. Re: Construction Bids for Lincoln Lane and Forest Hill Road, I.C. 52-196, 98-5466 Dear Mr. Gray: Bids were received and opened at 10:00 a.m. on Thursday June 29, 2000,for the above referenced projects. The bids • are shown on the attached Summary of Bids. The Engineer's Estimate was$ 145,900.00 for the combined total,and$ 82,141.50 and$ 63,768.00 for I.C. 52-196 and 98-5466 respectively. The low bidder, Midwest Asphalt Corporation came in within 3%of the Engineer's Estimate at$ 149,415.00 for the combined total. I.C. 52-196 came in 7% above the Engineer's Estimate at $88,200.25, and I.C. 98-5466 came in 4%below the Engineer's Estimate at$ 61,214.75. Recommendation is made that the City Council award both • Improvement Contracts 52-196 and 98-5466 to Midwest Asphalt Corporation in the amount of$ 149,415.00. This recommendation considers that the City Council reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Respectfully, HANSEN THORP PELLINEN OLSON, INC. 7510 Market Place Drive aattz: a9-4-24-e71/4— Eden Prairie, MN 55344 952-829-0700 Laurie A. Johnson,P.E. 952-829-7806 fax LAJ:tlb enclosures 3 SUMMARY OF BIDS City of Eden Prairie I.C. 52-196 and 98-5466 DESCRIPTION: Lincoln Lane and Forest Hill Road Street and Storm Sewer Improvements BIDS OPENED: June 29, 2000 CONSULTING ENGINEER: Hansen Thorp Pellinen Olson Inc. CHECKED BY: Hansen Thorp Pellinen Olson Inc. BIDDER BID SECURITY LINCOLN LANE FOREST HILL DEDUCT TOTAL COMBINED BID Midwest Asphalt Corp. Yes $88,200.25 $61,214.75 0 $149,415.00 Northwest Asphalt Inc. Yes $89,327.35 $66,397.90 0 $155,725.25 Ingram Excavating Inc. Yes $92,190.75 $70,273.75 -3,500.00 $158,964.50 Eureka Construction Yes $100,490.00 $75,468.00 -3,000.00 $172,958.00 • The undersigned recommend award of Contract to: Midwest Asphalt Corporation as the lowest responsible bidder for these Improvement Contracts. G, Consulting Enginee Alan Cr ray, . . City Engineer CITY COUNCIL AGENDA DATE: July 18,2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of the City Manager Set Public Hearing to Consider Applications ,l� Chris Enger, City Manager Received for Cable Franchise Requested Action Set public hearing September 5, 2000, at 7:00 p.m. to consider applications for cable franchise. Synopsis On May 30, 2000, the City received a memorandum from Brian Grogan informing the City of receipt of written requests for cable franchises from WideOpenWest (WOW) and Everest Communications. Included with the memo were: • A timeline for processing requests for cable franchises • Notice of intent to franchise • Request for proposals • Notice of public hearing At the June 6, 2000, Council Meeting, the City Council authorized publication of the notice of intent to franchise. The next step on the timeline calls for setting the public hearing. Background Information CITY COUNCIL AGENDA DATE: July 18, 2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Services Grading Permit for Parking Lot at Birchwood Randy L. Slick Laboratories,Inc. . L-, Requested Action Move to: Authorize issuance of grading permit to Birchwood Laboratories for expansion of existing parking facilities by 21 stalls. Synopsis Birchwood Laboratories is requesting City approval for a parking lot expansion of 21 stalls at their facility located at 7900 Fuller Road. Approximately 300 cubic yards of material to be moved on site. Engineering staff has reviewed the plans for conformance to our standards for erosion control and drainage. Planning staff has reviewed the proposal for conformance to City Code. The plan is in conformance with City Code and policy related to erosion control. 0- to — — •-4-"WNES 4-15"co foNwo '- — 5 ER• eN CONTROL 15/18"CorroNwooDs ' ''CM 15"PINE 17'""M' 44(9"PINE i .•►'. i /' + 4�: ... .... , ...... .•. ..•_. , ._ 11'PINE 9"ASH -71 BITUMINOUS I" 876 c 18"RCP Y 03 s• 1 0 1 Z aa.. • NEW LOCATION Or LIGHT RELOCATE EXISTING 1 LIGHT 3 30 7 3(.0 $7,20.3 36.1 ' N t.' -..,. 3 �.: r """�'' , , 35.9 • A BEGINNING POINT h N 'Ar -', .a . '1r 1 . k, CORNER OF BUILDIN . _ r µit it ' WOO;•P y ?mot. Y L'` ! x. y: r, 1` , 4,. • f. . ►''fie `, ai a FINIS \ R YO I EXIS TR imp _20„BASSW0ooS C Ale cORK `-~ 2-20"OAK 18 OAK w _ 0 35.7 o - 00 o I C3 cocoN P'-lf 21"OAK 0 VA36"BASSWOOD 00 x 04 Ni- O -P 8 i 000 0 co '0 S COS 876.8, *\0,0co �, . xsgi I cP 0 108.3 .88E cP et9 X880.8 G© x881.6�cb0 �I 18"OAK io MIXER " 879.3 CITY COUNCIL AGENDA DATE: July 18, 2000 SECTION: Consent Calendar SERVICE AREAJDIVISION: rrEM DESCRIPTION: rIEM NO.: Engineering Services Grading Permit for Parking Lot at Eden Randy L. Slick Prairie United Methodist Church rY1 , Requested Action Move to: Authorize issuance of grading permit to Eden Prairie United Methodist Church for expansion of existing parking facilities by 65 stalls. Synopsis Eden Prairie United Methodist Church is requesting City approval for a parking lot expansion of 65 stalls at their church located at 15050 Scenic Heights Road. Approximately 150 cubic yards of material to be moved on site. Engineering staff has reviewed the plans for conformance to our standards for erosion control and drainage. Planning staff has reviewed the proposal for conformance to City Code. The plan is in conformance with City Code and policy related to erosion control. .1s-:).)) it 71 - /1 / �- 0� Imo' , • / 1 in l ,r d • = l I A \ c1 del ' '�: i `� , 1—. 1-- a / ( I\ \\• It�{L. .. #; N • • • — `4 s,-o ` �` moo. _.-f• gm.— . O • • �� -00 Ob —.. / A I_ s•\ .. rip . . . .. *--___ . - . - : It : . .1 . . • \ ( 1 - . • I • ' • was :. . �.� _era • • • •\... : 1.7.- , . .... 1. 1 ,, .. Ili rig, . •grg...... • . INN • p.1. ,,' ,. . : •-; s ). ;l A t7 7. .d • r of i •y ..M AK Q j-s.. U- Q' ... . 7xtifl �". ,v.' i.,r, h, � • a �' -_ '4 '��• ii • illrfA '14 — I.` " t•• j I�kl • 3 . L.. . C .,{� J.I. •_ ®�° • . ads rV- III o A' F�-..�,`a"'"� �' g [f • . 1 ,. , . , kZ,,,•,•,,, ...,i.li..., ., ,!-1,: . . ..1r.• v,../3- " 1 • •-t- '— \tis to. , ',y--4/2.?',:;-4 F; .::-',,., ....., .:. —..i..g,;--,• Au it :. • •...,. ..:.,17.,,- , : �_ I . • 1 1 ,:.�� 11Ii' ' ":fie ) 1 . . ( •• .. ti4 i.,..„..... , . . '5.,. . : ....... .1.' 1.. ...: V ',...'' , -.- 1" . . .„ r, 1-1. c•11,--4 . .. . . ' IWI i./ . . W k a '� • .. \, rs a. , z\:' • I. .":„ \. -,• .. . •••. \\.--‹) • •.r*2.-/. - Q 4 rp t��f „•, , .• u Fes-}" :ik�' r , t • Z <•p o• e� • y o•' 4 0. vt.‹. : 75. " ��ii�� C < . I. •• • ss...'---:\. .\.' .... k': 4- - : ...2::). ' 7 // / 1 -�' ' • N • IIQ \\. ', \\�k\`;, ' Z�.. Q.• ° .,� d CITY COUNCIL AGENDA DATE: July 18,2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Safety/Police Equipment Contract—Radio Equipment Gary Therkelsen Shelter and Emergency Power Equipment V L 1 , Requested Action Move to: Award contract to Thermo Bond Building's International in the amount of $78,713.00 for new radio equipment shelter and emergency power generation equipment for new radio tower site. Synopsis The sale of the former police building and property requires the removal of the radio tower at that site. A new radio tower will be constructed at the Public Works Maintenance Facility on Technology Drive. A shelter is required to house the communications equipment and an emergency power generation system is required to provide power to critical systems in the event of a commercial power failure. Background Information The radio tower replacement project 'was engineered by a licensed professional engineer. In addition to the tower, the project included a building and emergency back up power system. Detailed technical specifications were developed and the project was advertised in the Eden Prairie News. Specification books were mailed to several potential bidders. One bid was received for the equipment shelter and emergency power system of$126,407.13. The bid was considerably higher than estimated, and the engineer and staff recommended re- bidding the building and power generation system portions of the bid. The equipment shelter and power portions of the project were re-advertised and one bid was received in the amount of $78,713.00. This bid was reviewed and deemed compliant by the engineer. Attachments CITY COUNCIL AGENDA DATE: July 18, 2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Service ea Authorize Professional Services Agreement Eugene A.Dietz with TKDA for Renovation/Repairs of Water V Utility Vehicle Storage Building Requested Action Move to: Authorize the City Manager or his designee to enter into a Professional Services Agreement with TKDA for renovation/repairs of the water utility vehicle storage building for an estimated fee of$12,000. Synopsis During the negotiation process with MnDOT for the sale of the Public Works Maintenance Facility to accommodate TH 212, the City was able to retain the southerly 10,000 square feet of the building. Although the maintenance facility has been relocated, this salvaged building has been incorporated into the Water Treatment Plant Campus for storage of utility vehicles. This Professional Services Agreement will provide an architectural design and contract documents to create a finished appearance on the north end of the building which was patched after demolition. Background Information As noted above, we sold MnDOT the entire Public Works and Park Maintenance Facility for the TH 212 project. However, we were able to negotiate retaining the southerly end of the building at no cost to the City. We now need to do renovation work at the demolition line to provide a finished appearance for the north end of the building. Our plan is to prepare a rather simple design that replicates the existing raked panel appearance on the rest of the building and add some bands at the top of the building similar to the Water Plant. Landscaping would also be used to soften the north edge appearance. Staff recommends that the Professional Services Agreement be approved so that the design and construction of the project can be completed in 2000. Attachments • TKDA Agreement TKDA TOLTZ,KING,DUVALL,ANDERSON AND ASSOCIATES,INCORPORATED ENGINEERS•ARCHITECTS•PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL,MINNESOTA 55101-2140 PHONE:651/292-4400 FAX:651/292-0083 July 11,2000 i sof :gn� Excellence • Mr.Eugene A.Dietz Director of Public Works City of Eden Prairie 8080 Mitchell Road- Eden Prairie, Minnesota 55344-2230 Re: REVISED Proposal for Architectural Services Exterior Architectural Improvements to the Water Utility Vehicle Storage Building City of Eden Prairie,Minnesota Dear Mr. Dietz: We are pleased to provide this Proposal for architectural services to the City of Eden Prairie in connection with the Exterior Architectural Improvements to the Water Utility Vehicle Storage Building, hereinafter called the Project. Our services will be provided in the manner described in this Proposal subject to,the terms and conditions set forth in the attached"General Provisions of Architect-Engineer Agreement" dated October 1993. Hereinafter,the City Of Eden Prairie is referred to as the OWNER. I. PROJECT DESCRIPTION The Project will consist of providing design services to address the exterior material and finish of the existing Vehicle Storage Building. The Project will include limited restoration/repair of some roof flashing and wall finish materials to allow the structure to complement, or blend with,the main water treatment plant. The aesthetics of the structure will be addressed in terms of materials, finishes, and colors to better integrate the appearance of the detached building into the facility architecture. • An Equal Opportunity Employer • Mr.Eugene A.Dietz City of Eden Prairie Exterior Architectural Improvements to Water Utility Vehicle Storage Building July 11,2000 Page 2 II. SERVICES TO BE PROVIDED BY TKDA Based on TKDA'S understanding of the Project,we propose to provide the following services: A. Field verify the existing exterior conditions and review available documentation of the existing structure. B. Meet with the OWNER to review design/material recommendations and confirm the overall Project requirements, schedule, and budget(if available). C. Based on the initial meeting and selected ideas and alternatives,we will prepare a Preliminary Design Drawing to illustrate the proposed modifications and describe in general the suggested architectural and atheistic improvements. D. Prepare a Preliminary Statement of Probable Construction Cost based on the proposed design modifications. E. Meet with OWNER to present the Preliminary Design drawings, estimate, and schedule. F. • Upon approval of the Preliminary Design, we will incorporate any review comments and prepare the Final Design Drawings for informal bidding by the OWNER. The documents are anticipated to include: • Floor Plan • Building Elevations • Specifications and Details (technical only) G. Meet with the OWNER to review the final documents and estimate. . H. Make minor revisions to the drawings and provide six (6) sets for the OWNER'S use in informal bidding. 3 Mr.Eugene A.Dietz City of Eden Prairie Exterior Architectural Improvements to Water Utility Vehicle Storage Building July 11,2000 . Page 3 III. ADDITIONAL SERVICES If authorized by you,we will furnish or obtain from others Additional Services of the types listed below which are not considered as basic services under this Proposal. Additional Services shall be billable on an Hourly Rate basis as defined in Article 3 of the General Provisions, and such billings shall be over and above any maximum amounts set forth in this Proposal. A. Provide Bidding and/or Construction Phase Services. B. Provide any architectural or engineering services relative to other elements of the building or site (i.e.,wall replacement, surface water drainage, foundation alterations, interior reconfiguration/finishes, etc.). C. Image rendering of exterior or interior. D. Designs,meetings, or reproductions beyond that described in Section H. E. Make visits to the site to observe the progress and quality of the executed work of the Contractor and to determine,in general,if such work is proceeding in accordance with the Contract Documents. F. Review and approve (or take other appropriate action with respect to) Shop Drawings (as that term is defined in the Contract Documents), samples, and other data which Contractor is required to submit,but only forconformance with the design concept of the Project and compliance with the information given in the Contract Documents. Such reviews and approvals or other action shall not extend to means,methods, techniques, sequences,procedures of construction, or to safety precautions and programs incident thereto. G. Based on TKDA'S on-site observations, determine payments to Contractor in such amounts as is appropriate; such recommendations of payment will constitute a representation to the OWNER,based on such observations and review, that the work has progressed to the point indicated, and that,to the best of TKDA'S knowledge, information and belief,the quality of such work is in accordance with the Contract Documents. H. Conduct a final inspection of the work to determine if the Project appears to have been completed in accordance with the Contract Documents and if the Contractor has Mr.Eugene A.Dietz City of Eden Prairie Exterior Architectural Improvements to Water Utility Vehicle Storage Building July 11,2000 Page 4 fulfilled all of his obligations thereunder, so that TKDA may recommend,in writing, final payment to Contractor and may give written notice to OWNER and the Contractor that the work is acceptable (subject to any conditions therein expressed). I. TKDA shall not have control or charge of and shall not be responsible for construction means,methods,techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, for acts or omissions of the Contractor, Subcontractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Contract Documents. N. YEAR 2000 ISSUES TKDA has not offered to provide, and the OWNER has not requested that TKDA provide, any engineering, design,consulting or other services with regard to"Year 2000"issues. TKDA specifically excludes"Year 2000" services from its scope of services under this Agreement, and the OWNER specifically agrees to release all claims for damages,known or unknown, against TKDA arising from or in any way related to"Year 2000"issues. Claims arising from"Year 2000"issues include any claim, damage or other liability arising from or related to the failure of any equipment or process due to the failure of the equipment or process to accurately process date/time data(including,but not limited to,calculating, comparing and sequencing)from,into, and between the twentieth and twenty-first centuries, and the years 1999 and 2000 and leap year calculations,both independently and to the extent that the equipment or processes are used in combination with other equipment or processes that are pre-existing or are within the subject matter of this contract. • V. OWNER'S RESPONSIBILITIES The OWNER'S responsibilities shall be as set forth in Article 8 of the General Provisions and as further described or clarified hereinbelow: A. Provide access to the OWNER'S files,records and data pertaining to the Project. B. Provide reasonable access to the OWNER'S facilities included in the Project. • Mr.Eugene A.Dietz City of Eden Prairie Exterior Architectural Improvements to Water Utility Vehicle Storage Building July 11, 2000. Page 5 C. Provide input, review of submitted plans and specifications, and assistance in scheduling to accommodate construction of the Project. D. Provide any drawings that may be available on the existing building. E. Provide any soil borings,if required, for the structural design. VI. PERIOD OF SERVICE We would expect to start our services promptly upon receipt of your acceptance of this Proposal and to complete SECTION II-within 8 weeks. VII. COMPENSATION • Compensation to TKDA for services provided as described in SECTION II of this Proposal shall be on an Hourly Rate basis as described in Article 3 of the attached General Provisions for an estimated amount of$12,000. • The level of effort required to accomplish SECTION II services can be affected by factors which are beyond our control. Therefore, if it appears at any time that charges for services rendered under SECTION II will exceed$12,000, we agree that we will not perform services or incur costs which will result in billings in excess of such amount until we have been advised by you that additional funds are available and our work can proceed. VIII. CONTRACTUAL INTENT We thank you for the opportunity to submit this Proposal and are willing that this letter and attachments constitute a contract between us upon its signature by an authorized official of the City of Eden Prairie and the return of a signed copy to us. 6 Mr.Eugene A.Dietz City of Eden Prairie Exterior Architectural Improvements to Water Utility Vehicle Storage Building July 11,2000 Page 6 We look forward to serving the City of Eden Prairie on this Project. If there are any questions regarding this Proposal,please do not hesitate to contact us. Sincerely, Richard N. Sobiech,P.E. President • 41 Al/ Director of chitecture ACCEPTED FOR THE CITY OF EDEN PRAIRIE, MINNESOTA By Title Date RNS:DAJ:tlb cc: Verne Jacobsen ATTACHMENTS: GENERAL PROVISIONS TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED General Provisions Of Architect-Engineer Agreement • ARTICLE 1.GENERAL ARTICLE 4.EXTRA WORK These General Provisions are intended to be used in conjunction with a letter-type If TKDA is of the opinion that any work they have been directed to perform is beyond Agreement between Toltz, King, Duvall, Anderson and Associates,'Incorporated, a the Scope of this Agreement,or that the level of effort required significantly exceeds Minnesota Corporation,hereinafter referred to as TKDA, and a OWNER,wherein the that estimated due to changed conditions and thereby constitutes extra work,they shall OWNER engages TKDA to provide certain Architectural,andlor Engineering services on notify the OWNER of that fact. Extra work, additional compensation for same, and • a Project. - • extension of time for completion shall be covered by a Supplemental Agreement entered • As used herein,the term"this Agreement"refers to(1)the TKDA Proposal Letter which into by both parties. becomes the Letter Agreement upon its acceptance by the OWNER, (2)these General ARTICLE 5.ABANDONMENT,CHANGE OF PLAN AND TERMINATION Provisions and(3) any attached Exhibits,as if they were part of one and the same document.With respect to the order of supersedence,any attached Exhibits shall govern • over these General Provisions and the Letter Agreement shall govern over any attached Either Party has the right to terminate this Agreement upon seven days written notice. Exhibits and these General Provisions. In addition,the OWNER may at any time,reduce the scope of this Agreement.Such reduction in scope shall be set forth in a written notice from the OWNER to TKDA.In ARTICLE 2.PERIOD OF SERVICE the event of unresolved dispute over change in scope or changed conditions,this Agreement may also be terminated upon seven days'written notice as provided above. The term of this Agreement for the performance of services hereunder shall be as set forth in the Letter Agreement. In this regard, any lump sum or estimated maximum In the event of termination,all documents finished or unfinished,prepared by TKDA payment amounts set forth in the Letter Agreement have been established in anticipation under this Agreement shall be made available by TKDA to the OWNER pursuant to Article of an orderly and continuousprogress of the Project in accordance with the schedule set 6,and there shall be no further obligation of the OWNER to TKDA under this Agreement, forth in the Letter Agreement or any Exhibits attached thereto. except for payment of amounts due and owing for work performed and expenses incurred ARTICLE 3.COMPENSATION TO TKDA to the date and time of termination,computed in accordance with the provisions of Article 3 and the Letter Agreement. A. Compensation to TKDA for services described in this Agreement shall be on a lump Sum basis andlor an Hourly Rate basis as designated in the Letter Agreement and as In the event of a reduction in scope of the Project work,TKDA shall be paid for the . hereinafter described. work performed and expenses incurred on the Project work thus reduced and for any completed and abandoned work,for which payment has not been made,computed in 1. A Lump Sum method of payment for TKDA's services shall apply to all or parts accordance with the provisions of Article 3 and the Letter Agreement. of a work scope where TKDA's tasks can be readily defined andlor where the level of effort required to accomplish such tasks can be estimated with a ARTICLE 6.DISPOSITION OF PLANS.REPORTS AND OTHER DATA reasonable degree of accuracy.The OWNER shall make monthly payments to TKDA within 30 days of date of invoice based on an estimated percentage of At the time of completion or termination of the work,TKDA shall make available to the completion of TKDA's services. OWNER,all maps,tracings,reports,resource materials and other documents pertaining to the work or to the Project.All such documents are not intended or represented to be 2. An Hourly Rate method of payment for TKDA's services shall apply to all or . suitable for reuse by the OWNER or others on extensions of the Project or any other parts of a work scope where TKDA's tasks cannot be readily defined andlor project.Any reuse without written verification or adaptation by TKDA for the specific where the level of effort required to accomplish such tasks cannot be estimated purpose intended will be at OWNER's sole risk and without liability or legal exposure to with any reasonable degree of accuracy. Under an Hourly Rate method of TKDA.In this regard,the OWNER will indemnify and hold harmless TKDA from any and payment,TKDA shall be paid for the actual hours worked on the Project by all suits or claims of third parties arising out of such reuse,which is not specifically TKDA technical personnel times an hourly billing rate established for each verified,adapted,or authorized by TKDA. employee. Hourly billing rates shall include compensation for all salary costs, payroll burden,general and administrative overhead and professional fee.A rate schedule shall•be furnished by TKDA to OWNER upon request. In the event electronic copies of documents are made available to the OWNER pursuant to the foregoing paragraph,the OWNER acknowledges that the useful life of electronic In addition to the foregoing,TKDA shall be reimbursed at cost for the following media such as magnetic tapes andlor floppy disks may be limited because of Direct Expenses when incurred in the performance of the work: deterioration of the media or obsolescence of the computer hardware andlor software systems.Therefore,TKDA makes no representation that such media will be fully usable (a) Travel and subsistence. beyond 30 days from date of delivery to OWNER. (b) Computer services. (cl Outside professional and technical services with cost defined as the amount ARTICLE 7.OWNER'S ACCEPTANCE BY PURCHASE ORDER billed TKDA plus 10%. (d) Identifiable reproduction and reprographic costs. In lieu of or in addition to signing the acceptance blank on the Letter Agreement,the (e) Other expenses for additional items and services as set forth in the Letter OWNER may execute the contract by issuing a purchase order signed by a duly Agreement. authorized representative.Such purchase order shall incorporate by reference the terms OWNER shall make monthly payments to within 30 of date of and conditions of this Agreement.In the event of a conflict between the terms and TheviO based on computations in payments TKDA with the 0 daysa charges for conditions of this Agreement and those contained in the OWNER's purchase order,the ingterms and conditionsof this Agreement shall govern.Notwithstandingany purchase order services provided and expenses incurred to date, accompanied by supporting provisions to the contrary,no warrantees,express or implied,are made by TKDA. evidence as required. B. The OWNER will pay the balance stated on the invoice unless OWNER notifies TKDA ARTICLE 8.OWNER'S RESPONSIBILITIES in.writing of the particular item that is alleged to be incorrect within 15 days from the A. To permit TKDA to perform the services required hereunder,the OWNER shall supply, • date of invoice,in which case,only the disputed item will remain undue until resolved in proper time and sequence,the following at no expense to TKDA: by the parties.All accounts unpaid after 30 days from the date of original invoice shall be subject to a service charge of 1.112%per month,or the maximum amount authorized 1. Provide all necessary information regarding its requirements as necessary for by law,whichever is less.TKDA shall be entitled to recover all reasonable costs and orderly progress of the work. disbursements,including reasonable attorneys fees,incurred in connection with collecting amounts owed by OWNER.In addition,TKDA may after giving seven days'written notice 2. Designate in writing,a person to act as OWNER's representative with respect to the OWNER,suspend services under this Agreement until TKDA has been paid in full to the services to be rendered under this Agreement.Such person shall have for all amounts then due for services,expenses and charges.OWNER agrees that TKDA authority to transmit instructions, receive instructions, receive information, shall not be responsible for any claim for consequential damages arising from suspension interpret and define OWNER's policies with respect to TKDA's services. of services hereunder. TKDA-OWNER GENERAL PROVISIONS OCTOBER 1993 ATTACHMENT TO TKDA AGREEMENT FOR ARCHITECTURAL SERVICES FOR WATER UTILITY VEHICLE STORAGE BUILDING • Audits: The books, records, documents, and accounting procedures and practices of the Consultant or other parties relevant to this agreement are subject to examination by the City and either legislative auditor or the state auditor for a period of six years after the effective date of this contract. Worker's Compensation: Consultant represents and warrants that it has and will maintain during the performance of this agreement worker's compensation insurance coverage required pursuant to Min.Stat. § 176,181, subd. 2 and that the certificate of insurance or the written order of the • Commissioner of Commerce permitting self insurance of worker's compensation insurance coverage provided to the City prior to execution of this agreement is current and in force and effect. • Consultants Prompt Payment of Subcontractors: The Consultant shall pay to any subcontractor within ten (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 contractor shall pay the actual amount due to the subcontractor. Data Practices Act: The Consultant shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. § 13.01, et seq., to the extent that the Act is applicable to data in the hands of the Consultant. 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 with 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 Disabilities • Act of 1990. Conflicts: No salaried officer or employee of the city who is authorized to take part in any manner in making any sale, lease or contract in official capacity and no member of the city council shall have a financial interest, direct or indirect; in a sale or contract or possibly benefit from it. The violation of this provision renders the contract void. Any federal regulations and applicable state statutes shall not be violated. CITY COUNCIL AGENDA DATE: July 18, 2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: LC. 98-5472 ITEM NO.: Public Works Approve Traffic Control Signal Agreement Engineering Services with MnDOT for Emergency Vehicle Pre- P Rodney W. Rue Emption on Twelve Existing Traffic Signals Requested Action Move to: Adopt resolution approving Traffic Control Signal Agreement No. 80362R with MnDOT for the installation of Emergency Vehicle Pre-Emption (EVP) equipment on twelve (12) existing MnDOT-controlled intersections within Eden Prairie. Synopsis This agreement defines MnDOT's and the City's financial and maintenance obligations associated with the EVP equipment to be installed on these twelve existing MnDOT-controlled intersections. The entire project includes the installation of EVP equipment on eighteen (18) existing traffic signals throughout Eden Prairie. The plans and specifications for this project were approved by the City Council on June 6, 2000. Our share associated with this agreement is estimated at $47,585. The City's total share for this project is estimated at $151,800, plus engineering costs of approximately $26,400. Our share of this project will be financed by a combination of State Aid and Tax Increment Funds. We hereby recommend approval of this Traffic Control Signal Agreement No. 80362R with MnDOT for an estimated amount of$47,585. Attachments Traffic Control Signal Agreement No.80362R CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. • APPROVE TRAFFIC CONTROL SIGNAL AGREEMENT WITH MnDOT FOR EMERGENCY VEHICLE PRE-EMPTION(EVP) EQUIPMENT ON TWELVE EXISTING MnDOT-CONTROLLED TRAFFIC SIGNALS LC.98-5472 WHEREAS,the City of Eden Prairie has prepared and approved plans and specifications for the installation of emergency vehicle pre-emption equipment of a total of eighteen traffic signals (twelve of which are MnDOT controlled)throughout Eden Prairie; WHEREAS, MnDOT has prepared a traffic control signal agreement that identifies the maintenance and financial obligations for the MnDOT-controlled traffic signals for this project. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that Traffic Control Signal Agreement No. 80362R for City Project No. 98-5472 is hereby approved, and the Mayor and City Manager are hereby authorized to execute said agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on July 18, 2000. Jean L. Harris,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk • • r MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 80362R BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION • AND THE CITY OF EDEN PRAIRIE TO • Install Emergency Vehicle Pre-emption at the existing Traffic Control Signals located at twelve intersections in Eden Prairie, Hennepin County, Minnesota. S.P. 8825-27 C.P. 98-5472 Prepared by Traffic Engineering ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED City of Eden Prairie $47 , 585 . 00 $75 , 012 .43 • PARTIES THIS AGREEMENT is entered into by the Minnesota Department of Transportation, (State) and the City of Eden Prairie, (City) . RECITALS Minnesota Statutes Section 161.20 authorizes the Commissioner of Transportation to enter into agreements with any governmental authority for the purposes of constructing, maintaining and improving the Trunk Highway system. The parties desire to install Emergency Vehicle Pre-emption Systems, (EVP System(s) ) at the existing traffic control signals, (Traffic Control Signal (s) ) located at twelve intersections. A listing of the intersections is attached, • marked Exhibit "A" , and made a part hereof. It is in the public's best interest for the State to perform the EVP System cabinet modifications for the existing Traffic Control Signals at six intersections, and furnish and • install new cabinets and controllers for the existing Traffic Control Signals at six intersections, (State Force Work and Materials) : The City and State will participate in the cost, operation, maintenance and removal of the EVP Systems . 80362R CONTRACT - 1. The City will prepare the necessary plan, specifications and proposal, (Preliminary Engineering) . The City - will also perform all necessary construction inspection, (Engineering and Inspection) . 2 . The Cost of Construction, (Construction Cost) consists of the contract cost of the work or, if the work is not contracted, the actual cost of' all labor, materials, and equipment rental required to complete the work. Construction Cost does not include the cost of providing the power supply to the service poles or pads. 3 . The City, with its own resources or by contract, will install EVP Systems at the intersections shown in Exhibit "A" , pursuant to State 'Project No. 8825-27 and City • Project No. 98-5472 . A Preliminary SCHEDULE "I" (City Construction Contract) , attached hereto and made a part hereof, includes the estimated Construction Costs, the anticipated City's and State's share of the Construction Costs, and the State's share of the cost for Engineering. and Inspection. 4 . The State will perform the cabinet modifications and/or furnish and install materials, (State Force Work and Materials) with the City work provided for in Paragraph 3 . A Preliminary SCHEDULE "I" (State Force Work and Materials) , 80362R -f 5 attached hereto and made a part hereof, includes the estimated State Force Work and Materials costs, and the anticipated State's and City's share of the State Force Work and Materials costs. 5. Upon execution of this agreement and receipt of State's written request, the City will make an advance payment to the State of its share of the estimated costs as specified in the. Preliminary SCHEDULE "I" (State Force Work and Materials) . • 6. After the State determines the actual costs for State-furnished materials and upon preparation of Final SCHEDULE "I" (State Force Work and Materials) , and if the amount of the funds advanced by the City exceeds the City's share, the excess will be promptly returned to the City without interest. If the amount of funds advanced by the City is less than the actual costs, the City will promptly pay the balance to the State. 7 . The work provided for in Paragraph 3 must be completed to the satisfaction of the State's Assistant Division Engineer at Roseville or his/her designated representative. Upon satisfactory completion, the State will prepare a Final SCHEDULE "I" (City Construction Contract) , and will pay to the City the State's share of the actual Construction Costs plus eight percent of its share for the Cost of Engineering and Inspection. • 80362R • 8. The State's estimated obligation under this agreement is $75, 012 .43 . This estimate consists of the State's share of the Construction Costs and Engineering and Inspection costs. If it appears likely, at any time, that the actual project costs will require an adjustment in the State's estimated obligation, the City will immediately request such adjustment from State's Assistant Division Engineer at Roseville or his/her designated representative. The State will review and, , subject to the availability of State funds, approve, reject or modify the City's request. If the State approves such request, the State will encumber additional funds and then issue a notice to proceed. Any additional expenses incurred by the City prior to receiving notice to proceed may not be reimbursed by the State. The State's maximum obligation under this contract will not exceed 120% of the amount shown in this Paragraph as the State's estimated obligation, except by a fully-executed. amendment to this agreement. 9 . The State will promptly pay for work which is satisfactorily completed after the City submits an invoice, in quintuplicate, itemizing the actual Construction Cost. The invoice must be signed by a responsible City official certifying that the work has been completed in compliance with this Agreement. The City's books, records, documents, and accounting 80362R procedures and practices relevant to this contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate for a• minimum of six years from the completion of the construction of this project. 10 . If the City solicits bids for all or part of the work in Paragraph 3 , the City will submit to the State a • certified copy of the low bid received and an abstract• of all bids received by the City. The City must request and obtain the State's written concurrence prior to awarding a construction contract. 11. The construction work will be under the direction and supervision of the City. The State will have the right to periodically inspect the cost sharing construction work. 12 . The EVP Systems will be installed, operated, maintained, or removed in accordance with the following conditions and requirements: a) All maintenance of the EVP Systems must be done by State forces . b) Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes Section 169 .01, Subdivision 5. Authorized emergency vehicles • may use emitter units only when responding to 80362R ir an emergency. The City will provide the State' s Assistant Division Engineer or his/her designated representative a list of all vehicles with emitter units . c) Malfunction of the EVP Systems must be reported to the State immediately. d) In the event the EVP Systems or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after the City receives written notice from the State, the State may remove the EVP Systems . Upon removal of the EVP Systems pursuant to this ' Paragraph, all of its parts and components become the property of the City. e. All timing of the EVP Systems will be determined by the State. 13 . All maintenance and operation terms (including timing) , and the power provisions of the existing Traffic Control Signals provided for in Paragraph 3 and as shown in Exhibit "A" , will remain as provided for in the existing agreements . 80362R 9 14. Each party will be solely responsible for its own acts and omissions, and the results thereof, to the extent authorized by law. The State's liability is governed by the Minnesota Tort Claims Act, Minnesota Statutes Section 3 .736 . Each party will be solely responsible for its own employees for any Workers Compensation Claims . 15. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 16 . If the State fails to enforce any provisions of this Agreement, that failure does not waive the provision or its right to enforce it. • 17 . This Agreement contains all negotiations and agreements between the parties . No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 18. Minnesota law governs this Agreement. Venue for . all legal proceedings arising out of this contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 19 . This Agreement is effective on the date the State obtains all required signatures under Minnesota Statutes 16C. 05, 80362R /7= jd Subdivision 2, and will remain in effect until terminated by written agreement of the parties . The State may immediately terminate this Agreement at any time if it does not obtain funding from the Minnesota legislature, or other funding source, or if funding can. not be continued at a level sufficient to complete the work under this Agreement. • 80362R 11 STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05. By: ,'�'f5e Dy: 20� C CFMS Contract No.- - 22 Z.3z 1 d7 CITY OF EDEN PRAIRIE APPROVED AS TO FORM: By: City.Attorney Mayor Date: (City Seal) By: City Manager Date: 80362R DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: By: Assistant Commissioner Assistant Division Engineer Date: COMMISSIONER OF ADMINISTRATION ATTORNEY GENERAL As delegated to Materials Management Division As to form and execution By: By: Date: Date: 80362R - 13 RESOLUTION BE IT RESOLVED that the City of Eden Prairie enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To install emergency vehicle pre-emption at the existing traffic control signals located at twelve intersections in accordance with the terms and conditions set forth and contained in Agreement No. 80362R, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. CERTIFICATION State of Minnesota County of Hennepin • City of Eden Prairie • I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Eden Prairie at a duly authorized meeting thereof held on the day of , 2000, as shown by the minutes of said meeting in my 'possession. City Clerk (Seal) EXHIBIT "A" INTERSECTIONS SYSTEM 1 T.H. 5 at Deli Rd. (184th Ave. ) A • 2 T.H. 5 at C. S.A.H. 4 (Eden Prairie Rd. ) • B • 3 • T.H. 212/T.H. 169 (Flying Cloud Dr. ) at C.S.A.H. 1 E (Pioneer Trail) 4 T.H. 212/T.H. 169 (Flying Cloud Dr. ) at Hennepin F Vo-Tech School Entrance 5 T.H. 212/T.H. 169 (Flying Cloud Dr. ) at Anderson G Lakes Pkwy. . 6 T.H. 212/T.H. 169 (Flying Cloud Dr. ) at Prairie I Center Dr. 7 T.H. 212/T.H. 169 (Flying Cloud Dr. ) at Singletree K Lane 8 T.H. 212/T.H. 169 (Flying Cloud Dr. ) at Eden Rd. - L Leona Rd. 9 T.H. 212/T.H. 169 - T.H. 212 (Flying Cloud Dr. ) at M Technology Dr. - T.H. 494/T.H. 169/T.H. 5 South Ramp 10 T.H. 212 (Flying Cloud Dr. ) at T.H. 494/T.H. 169/ N T.H. 5 North Ramp 11 T.H. 212 - T.H. 212 E. Ramps at T.H. 212/Co. Rd. 39 0 (Valley View Rd. ) - Valley View Rd. 12 T.H. 212 W. Ramp at Co. Rd. 39 (Valley View Rd. ) - P T.H. 212/Co. 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J cn m co m m nHn H U1 N U1 N Ut U1 N Ul Ui N 0 H 1.3 01 al O N 01 O 0 U1 0 O ill Ui y po- rS Ul o O O cn O O O O O O O to tn 1-3 ril t 0 0 0 0 0 0 • 0 0 0 0 0 0 0 t7 O 0 C. 0 0 0 0 0 0 0 0 0 0 r I `6 CITY COUNCIL AGENDA DATE: July 18, 2000 SECTION: Public Hearing SERVICE AREA/DIVISION: ITEM DESCRIPTION: LC. 96-5406 ITEM NO.: Engineering Services Order Improvements and Prepare Plans and Alan D. Gray Specifications for Highview Drive/Lakeland V , A Terrace Area Street and Utility Improvements Requested Action Move to: 1. Close the public hearing 2. Adopt the resolution ordering the improvements and preparation of plans and specifications for the Lakeland Terrace Area sanitary sewer. Synopsis This project will provide lateral sanitary sewer improvements to approximately 10 residential properties in the Lakeland Terrace Area. The hearing for these improvements was continued to July 18 to consider alternate systems to reduce impacts to the neighborhood trees and obtain additional resident input. The results of residents' surveys and studies will be presented at the meeting. An additional neighborhood meeting is scheduled for July 17, 2000 to assist with selection of the preferred alternative. In developing the study, staff has had two neighborhood meetings and mailed out surveys to assess property owner opinions. The meetings were attended by approximately 20 people. The primary concern has been cost. Property owners have been aware of the previous $15,000 assessment cap and have expressed a desire to maintain the current amount. Based on the most recent meeting and survey, staff expects substantial neighborhood support for the project. Background Information Details are provided in the Feasibility Study Attachments Feasibility Study CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, a resolution of the City Council adopted the 6th day of June, 2000, fixed the 20th day of June, 2000, as the date for a public hearing on the following proposed improvements: I.C. 96-5406:Highview Drive/Lakeland Terrace Area Street and Utility Improvements WHEREAS, ten days published notice of the Council Hearing through two weekly publications of the required notice was given and the hearing was held on the 20th day of June, 2000, at which all persons desiring to be heard were given an opportunity to be heard thereon, and WHEREAS, on June 20, 2000, the hearing for Lakeland Terrace Area sanitary sewer improvements was continued to July 18, 2000. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1. Lakeland Terrace Area Sanitary Sewer Improvements are hereby ordered in all aspects as presented in the feasibility study for the project; 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and specifications for the making of such improvements, with the assistance of SEH, consulting engineers. ADOPTED by the Eden Prairie City Council on July 18, 2000. Jean L.Harris,Mayor ATTEST: SEAL • Kathleen A.Porta, City Clerk CITY COUNCIL AGENDA DATE: July 18,2000 SECTION: Public Hearing SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 96-5406 ITEM NO.: Engineering Services Order Improvements and Prepare Plans and Alan D. Gray Specifications for Highview Drive/Lakeland Terrace Area Street and Utility Improvements Requested Action Move to: 1. Close the public hearing 2. Adopt the resolution ordering the improvements and preparation of plans and specifications for the Lakeland Terrace Area sanitary sewer. Synopsis The hearing for these improvements was continued to July 18 to consider alternate systems to reduce impacts to the neighborhood trees and obtain additional resident input. The results of residents' surveys and studies will be presented at the meeting. Background Information This project will provide lateral sanitary sewer improvements to approximately 10 residential properties in the Lakeland Terrace Area. In developing the study, staff has had two neighborhood meetings and mailed out surveys to assess property owner opinions. The meetings were attended by approximately 20 people. The primary concern has been cost. Property owners have been aware of the previous $15,000 assessment cap and have expressed a desire to maintain the current amount. Based on the most recent meeting and survey, staff expects substantial neighborhood support for the project. An additional neighborhood meeting is scheduled for July 17, 2000 to assist with selection of the preferred alternative. Details are provided in the Feasibility Study Attachments Feasibility Study 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, a resolution of the City Council adopted the 6th day of June, 2000, fixed the 20th day of June, 2000, as the date for a public hearing on the following proposed improvements: I.C. 96-5406: Highview Drive/Lakeland Terrace Area Street and Utility Improvements WHEREAS, ten days published notice of the Council Hearing through two weekly publications of the required notice was given and the hearing was held on the 20th day of June, 2000, at which all persons desiring to be heard were given an opportunity to be heard thereon, and WHEREAS, on June 20, 2000, the hearing for Lakeland Terrace Area sanitary sewer improvements was continued to July 18,2000. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1. Lakeland Terrace Area Sanitary Sewer Improvements are hereby ordered in all aspects as presented in the feasibility study for the project; 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and specifications for the making of such improvements,with the assistance of SEH, consulting engineers. ADOPTED by the Eden Prairie City Council on July 18,2000. Jean L. Harris,Mayor ATTEST: SEAL CITY COUNCIL AGENDA DATE: 07/18/00 SECTION: Public Hearings SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R.Uram Scott A.Kipp Shady Oak Technology Building Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for PUD Concept Review on 5.52 acres; and • Approve 1st Reading of the Ordinance for PUD District Review with waivers and Zoning District Change from I-5 to I-2 on 5.52 acres; and • Direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This project is for a 26,024 square foot industrial building located at 9875 Shady Oak Road. The Community Planning Board voted 6-0 to recommend approval of the project to the City Council at its June 26, 2000 meeting. Background Information An existing 39,900 square foot building is located on the property. The 1978 approved plan shows a future building expansion to a 30%floor area ratio, or approximately 72,000 square feet. The proposed building is 26,024 square feet. No preliminary plat is proposed for this project. An administrative lot division will take place prior to building permit issuance. The project requires a waiver from City Code for the percentage of office use from 50%to 75%. This waiver may have merit for the following reasons: • • The traffic generated for the proposed building is less than the expansion of the existing building. The Travel Demand Management plan will further reduce peak hour traffic. • The proposed building meets architectural requirements of the office district. Attachments 1. Resolution for PUD Concept Review 2. Community Planning Board Minutes dated June 26,2000 3. Staff Report dated June 23,2000 SHADY OAK TECHNOLOGY BUILDING CITY OF EDEN PRAIRIE HI;NNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2000- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF SHADY OAK TECHNOLOGY BUILDING FOR MOUNT PROPERTIES WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Community Planning Board did conduct a public hearing on the Shady Oak Technology Building PUD Concept by Mount Properties, and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and WHEREAS,the City Council did consider the request on July 18, 2000. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Shady Oak Technology Building, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated June 30, 2000. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated June 26, 2000. ADOPTED by the City Council of the City of Eden Prairie this 18th day of July, 2000. Jean L. Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk Exhibit A Legal Description Shady Oak Technology Building Lot 1, Block 2, SHADY OAK INDUSTRIAL PARK, according to the recorded plat thereof, Hennepin County,Minnesota. 3 COMMUNITY PLANNING BOARD MINUTES June 26,2000 Page 9 B. SHADY OAK TECH BUILDING by Mount Properties. Request for Planned Unit Development Concept Review on 5.52 acres,Planned Unit Development District Review with waivers on 5.52 acres,Zoning District Change from I-5 to I- 2 on 5.52 acres, and Site Plan Review on 5.52 acres. Location: 6875 Shady Oak Road. Corneille opened the hearing at 8:35 p.m. Franzen introduced Bob Sofelt,the developer, Steve Michaels of Mount Properties;Dave Thorsen the architect and Lloyd Hugh the civil engineer for the project. Franzen said a waiver was required for the increase in allowable office use from 50 to 75 percent. This is a higher percent office, less square footage than approved; and has a traffic demand management plan and meets the exterior requirements of the zoning district. MOTION by Clinton second by Foote to close the public hearing. Motion carried 6-0. • MOTION by Clinton second by Foote to recommend to council for approval the Shady Oak Tech Building by Mount Properties,request for Planned Unit Development Concept Review on 5.52 acres,Planned Unit Development District Review with waivers on 5.52 acres, Zoning District Change from I-5 to I-2 on 5.52 acres, and Site Plan Review on 5.52 acres. Motion carried 6-0 STAFF REPORT TO: Community Planning Board FROM: Scott A.Kipp, Senior Planner DATE: June 23,2000 SUBJECT: Shady Oak Technology Building APPLICANT: Mount Properties,Inc. OWNER: The Allen's Three LOCATION: 6875 Shady Oak Road REQUEST: 1. Planned Unit Development Concept Review on 5.52 acres 2. Planned Unit Development District Review on 5.52 acres 3. Zoning District Change from I-5 to I-2 on 5.52 acres 4. Site Plan Review on 5.52 acres. 5 --:- ...- .,.:-..,, .....,.. ...„. 1- - 04, , . , -. -, -— SO NO 270 az.s arstav / :i SO NO 272 --- '''' •••.„ 717 (3) 'OS' ...,5-..... ,4? 0- Am'r4117 In. I tS . 1 P502 .;-' ((2) .. :. C (./1 ., •S (6) 2 (37) > z.... ... - © C. A ' F? E 0 0 N .d. -R) g,.•- •) •,- 325.05•041 2 Z • 1.‘ :.,:1 ,5 124.44 333 (;1 dr ii. 0 A g '...."..----...-41...._.........‘44 si,"' .. '6. LE isto+REA l29 1‘ A --.- .*, ! 4 0 ‘ , 60, 1. IS/ . .' 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E., 7. 0 11 0 b, it 0 1"....., 432 lvi ,P....., S. •1 i 149° sA.9 r t I A• %$* 5.,:: Or t \ te,1.1 14) ) ti) 012) Si I 1! 0 ei 6 §It 3 F... 0 -. 1 I •• 4.4o. W 111 10 g l' if YS 412 — --- zk,az M.7, P. 70TH ST W '2, o .12 I sir as ors 114.5( 103 40 i nil, 17(.34 1.17 4.114*Si 35.. 444-`533(.3512 SW 05 or, .., 350 .,..-. f.= - i I 6 i (2) s _,....---....„1"A. '/#1--;%\1 eica. Staff Report—Shady Oak Technology Building June 23,2000 BACKGROUND The site is currently guided Industrial, and zoned I-5. An existing 39,900 square foot building is located on the property. The 1978 approved plan shows a future building expansion to a 30% floor area ratio, or approximately 72,000 square feet. SITE PLAN Proposed Building The site plan shows the construction of a 26,024 square foot building on a 2.7-acre site. The base area ratio for the proposed building is .22. The City code permits up to a .30 base area ratio. The floor area ratio is .22. The City Code permits up to a.50 floor area ratio. The building and parking meets the setback requirements of the I-2 zoning district. In addition, the recorded Developer's Agreement for the property requires a 50 setback to parking along Shady Oak Road. The plan meets this requirement. The amount of parking required is 109 spaces. The plan meets this requirement. Existing Building The existing building will be on a 2.82-acre site. The base area ratio and floor area ratio for the existing building is .27 and .32 respectively,meeting City Code. The building meets the setback requirements in the I-2 zoning district. Parking setbacks meet City Code, except along the north property line where the parking is approximately four feet from the lot line. City Code requires a 10-foot setback to parking along an interior lot line. The plans show how the existing parking will be shifted to meet a 10-foot setback. The amount of parking required for the building is 113 spaces. A total of 97 parking spaces are provided. A proof of parking plan shows how the additional 16 spaces can be added to meet City Code. Staff recommends that the proof of parking stalls be shown within the existing paved parking area. This can be accomplished by expanding the parking lot along on east side to meet a 10-foot setback and showing a single row of parking stalls along the central portion of the parking area. A cross access easement exists along the north property line to serve these sites and the property to the north. No preliminary plat is proposed for this project. An administrative lot division will take place prior to building permit issuance. PLANNED UNIT DEVELOPMENT WAIVER The project requires a waiver from City Code for the percentage of office use from 50%to 75%. Staff Report—Shady Oak Technology Building June 23,2000 This waiver may have merit for the following reasons: • The traffic generated for the proposed building is less than the expansion of the existing building. The Travel Demand Management plan will further reduce peak hour traffic. • The proposed building meets architectural requirements of the office district. TRAFFIC The traffic analysis compares traffic generation of the proposed 26,024 square foot building to the 32,283 square foot expansion of the existing building based on the 1978 approved plan. The expansion of the existing building will generate 247 daily trips, 35 a.m. and 34 p.m.peak hour trips.The proposed plan will generate 242 daily trips, 34 a.m. and 33 p.m.peak hour trips. GRADING,DRAINAGE AND UTILITIES This site was graded at the time of the 1978 approval. There are no significant trees on the property. There are four evergreens on site,which are part of the landscaping for the existing building. These trees will be lost do to grading and will need to be relocated, or replaced with four new six-foot evergreens. Stormwater will be directed to a new stormwater pond located along Shady Oak Road. Sewer and water is available from Shady Oak Road and West 69th Street. ARCHITECTURE The single-story building meets the 75% facebrick and glass requirements for the office district. Rooftop mechanical equipment screening is proposed with parapet walls. If the rooftop mechanical equipment is visible after building construction, additional screening will be required to meet City Code. Site lighting will be downcast shoebox fixtures. All trash will be stored within the building. No exterior trash enclosures are proposed. LANDSCAPING The amount of landscaping required is based on caliper inches according to building size and screening of the parking area. The amount of caliper inches required is 81 inches. The plan meets this requirement. A row of conifer shrubs is needed along the top of the berm facing Shady Oak Road to screen parking as required by City Code. Staff Report—Shady Oak Technology Building June 23,2000 SUMMARY The project will require a waiver for the percentage of office use from 50%to 75%. The waiver may have merit since traffic is less than the approved plan and the exterior materials meets the requirements of the office zoning district. STAFF RECOMMENDATIONS Staff recommends approval of the following: • Planned Unit Development Concept Review on 5.52 acres • Planned Unit Development District Review on 5.52 acres • Zoning District Change from I-5 to I-2 on 5.52 acres • Site Plan Review on 5.52 acres This approval is based on plans dated June 21, 2000, the Staff Report dated June 23, 2000, and the following conditions: 1. Prior to City Council review,the proponent shall: A. Revise the proof of parking for the existing building by expanding the parking area to meet a 10-foot setback along the east property line, and showing an additional row of parking in the central portion of the parking area. B. Relocate the four existing landscaping trees, or replace with new 6-foot evergreen trees. C. Add a row of coniferous shrubs on top of the entire berm. 2. Prior to building permit issuance,the proponent shall: A. Submit detailed storm water runoff,utility and erosion control plans for review by the Watershed District and City Engineer. B. Complete an administrative lot division of the property. C. Pay the appropriate cash park fee. D. Meet with the Fire Marshal to review fire code requirements. E. Submit samples of exterior building materials for review. F. Submit a landscaping and screening bond for review. � 9 Staff Report—Shady Oak Technology Building June 23,2000 3. A waiver from the City Code for the percentage of office use in the I-2 zoning district from 50%to 75%is granted as part of the Planned Unit Development District review in the I-2 zoning district. 7'/O CITY COUNCIL AGENDA DATE: 07/18/00 SECTION: Public Hearings SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R.Uram Krista R. Flemming Summerhill Senior Cooperative • Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for PUB Concept Review on 3.09 acres; and • Approve 1st Reading of the Ordinance for PUD District Review with waivers and Zoning District Change from Rural to RM-2.5 on 3.09 acres; and • Direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This project includes a four story, senior condominium building with 48 units located at Valley View Road and Smetana Lane, and will be similar to the adjacent project, Realife Valley View Cooperative. The Community Planning Board voted 6-0 to recommend approval of the project to the City Council at its June 12, 2000 meeting. Background Information The proposed project is part of the Liberty Place PUD, which received concept plan approval by the City Council on March 21, 2000. The proposal will require waivers to the zoning and shoreland ordinances that are consistent with the approved concept plan: • Minimum Lot Size of 30,000 sq. ft per Dwelling Unit to 2,804 sq. ft.per unit. • Building height from 35 feet (shoreland code maximum height) to 50 feet and building height from 45 feet(zoning district code maximum height)to 50 feet. • Percent of impervious surface from 30%to 42%. Attachments 1. Resolution for PUD Concept Review 2. Community Planning Board Minutes dated June 12, 2000 3. Staff Report dated June 9,2000 SUMMERHILL SENIOR COOPERATIVE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT OF SUMMERHILL SENIOR COOPERATIVE FOR REALIFE,INC. WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept Amendment of certain areas located within the City; and WHEREAS, the Community Planning Board did conduct a public hearing on Summerhill Senior Cooperative PUD Concept Amendment by Realife, Inc., and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and WHEREAS,the City Council did consider the request on July 18, 2000. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Summerhill Senior Cooperative, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A,is attached hereto and made a part hereof. • 2. That the City Council does grant PUD Concept Amendment approval as outlined in the plans dated June 30, 2000. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated June 12,2000. ADOPTED by the City Council of the City of Eden Prairie this 18th day of July, 2000. Jean L. Harris, Mayor ATTEST: • Kathleen A. Porta, City Clerk PROPOSED LEGAL DESCRIPTION: That part of the East One-half of the Southwest Quarter of Section 12, Township 116,Range 22, Hennepin County,Minnesota, described as follows: Commencing at southeast corner of said East One-half of the Southwest Quarter, thence North 51 degrees 14 minutes 47 seconds West, assuming the south line of said East One-half bears North 86 degrees 38 minutes 24 seconds West, a distance of 1,335.34 feet to the point of beginning; thence North 63 degrees 32 minutes 45 seconds East, a distance of 76.47 feet;thence North 23 degrees 38 minutes 55 seconds East, a distance of 115.44 feet;thence North 55 degrees 36 minutes 14 seconds East, a distance of 123.07 feet;thence northwesterly along a non-tangential curve concave to southwest having a central angle of 19 degrees 53 minutes 36 seconds, and a radius of 220.00 feet for an arc distance of 76.38 feet, the chord of said curve bears North 33 degrees 39 minutes 59 seconds West;thence North 43 degrees 36 minutes 47 seconds West, tangent to said curve, a distance of 169.81 feet;thence northwesterly along a tangential curve concave to the northeast, having a central angle of 14 degrees 06 minutes 59 seconds and a radius of 731.00 feet,for an arc distance of 180.10 feet;thence North 29 degrees 29 minutes 48 seconds West, a distance of 122.63 feet;thence South 54 degrees 00 minutes 04 seconds West, a distance of 86.43 feet to to the east line of the West 100.00 feet of said East One-half of the Southwest Quarter;thence on a bearing of South, along said east line of the West 100.00 feet, a distance of 294.00 feet; thence South 27 degrees 42 minutes 12 seconds West, a distance of 64.45 feet;thence South 40 degrees 39 minutes 36 seconds East, a distance of 322.60 feet to the point of beginning. Containing 137,628.34 square feet or 3.1595 acres, more or less. (To be platted as Lot 1, Block 2,LIBERTY PLACE) 3 UNAPPROVED MINUTES EDEN PRAIRIE COMMUNITY PLANNING BOARD MONDAY,JUNE 12,2000 7:00 p.m., CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS: Ken Brooks,Kenneth E. Clinton,Frantz Corneille,Randy Foote,Vicki Koenig, Kathy Nelson, Susan Stock,Ray Stoelting STAFF MEMBERS: Krista Flemming,Planner I Stu Fox, Manager of Parks and Natural Resources Mike Franzen, City Planner Alan Gray, City Engineer Scott Kipp, Senior Planner Leslie Stovring, Environmental Coordinator Donald Uram, Community Development/Financial Services Director I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Corneille called the meeting to order at 7:00 p.m. Present: Commissioners Brooks, Clinton, Corneille, Koenig, Stock, and Stoelting; Staff Fox, Franzen, Gray,Uram. II. APPROVAL OF AGENDA MOTION: by Clinton, second by Stoelting to approve the agenda. Motion carried 6-0. III. MINUTES MOTION: by Koenig, second by Stock to approve the agenda.Motion carried 5-0-1, abstention Stoelting. IV. PUBLIC HEARINGS A. SUMMERHILL SENIOR COOPERATIVE by Realife, Inc. Request for Planned Unit Development Concept Amendment on 3.09 acres of the Liberty Place PUD, Planned Unit Development District Review with waivers on 3.09 acres, Zoning District Change from Rural to RM-2.5 on 3.09 acres, and Site Plan Review on 3.09 acres. Location: Valley View Road and Smetana Lane. COMMUNITY PLANNING BOARD MINUTES Page 2 June 12,2000 Franzen stated that the Community Planning Board approved a guide plan change and the PUD at an earlier meeting and that the detailed plans are consistent with the approved concept plan. Jeff Blackwell,Westwood Engineering, showed the proposed road plan out for 48 units. Franzen said staff recommendation was for approval, noting the three waivers were for lot size,building height and impervious surface. The trade-off for the city was 2.5 acres dedicated as part of the plat and creating additional senior housing. Koenig asked about the wetland fill related to the treatment pond. Stu Fox,Manager of Parks and Natural Resources,replied that it was mitigated on site and did not change from the original Liberty PUD. Stoelting asked whether there would be sufficient parking. Franzen stated the 96 parking spaces provided met the code. Corneille asked whether there were any comments from the public. There were none. MOTION by Koenig, second by Stoelting to close the public hearing. Motion carried 6-0. MOTION by Stoelting, second by Koenig to approve the staff recommendation to approve the PUD Concept amendment on 3.09 acres of the Liberty Place PUD with waivers on 3.09 acres,Zoning District Change from Rural to RM-2.5 on 3.09 acres, and Site Plan Review on 3.09 acres. Motion carried 6-0. B. U.S. WEST ADDITION by U.S. West. Request for Planned Unit Development Concept Review on 1.09 acres,Planned Unit Development District Review with waivers in the I-2 Zoning District on 1.09 acres, and Sit Plan Review on 1.09 acres. Location: 7825 Fuller Road. Franzen explained the project and the setback waiver from 50 to 21 feet on the south frontage road and a waiver for parking. The addition is to provide space for equipment. Stoelting asked about the fire protection system issue mentioned in the packet. Franzen replied that a resolution will be required for a building permit. Stoelting asked about the cash in lieu of pond. City Engineer Al Gray said there was a formula for cost in terms of construction and real estate. Stoelting asked about the necessity for expansion. Bronski, a U.S. West representative, said the expansion is for new equipment to meet customer needs. 5 STAFF REPORT TO: Community Planning Board FROM: Krista R. Flemming,Planner I DATE: June 9,2000 SUBJECT: Summerhill Senior Cooperative APPLICANT: Realife, Inc. FEE OWNER: Liberty Property Limited Partnership REQUEST: 1. Planned Unit Development Concept Amendment on 3.09 acres of the Liberty Place PUD 2. Planned Unit Development District Review with waivers on 3.09 acres 3. Zoning District Change from Rural to RM-2.5 on 3.09 acres 4. Site Plan Review on 3.09 acres 2593 6 RES gat ;J• 5. J:- 'Y 7 , '? N1'1111.30H , ,,,:, 141 1 �.R D CJ 1919) I / il ..• 3[TIID �t aO Donor c �/ s '71 I 77 I2'C —•--. IADDND D• 00) J :,,. ee'ALsON t71 / �� L. L. x• xe g Y .ape ._ 4. /1 s"°'DI•.s ,t' V? I+• ;•..- . `7 .' • Y gi ..?... x •.k' .?aka 120) 0 I ''�'' ! I OR 7••• '0.10 / a� oo us.•x2rc` z ; cJ •Z I 115c14I to It 191 / /.l a° / I ate' 1 I • a .. ou Dt L / U�Lt20t 1 al I Ie,•.i;JJ 4 4 dY �,' ,,•°• --- •• - .\ sa, 1 sus•oc•sc•'. • �? + ; ,•s Jj ,o wsH SaysrYE J 1 • x twos �E PORTNOY'S t9) I . •• R:• `S'so m .. • b .� _ AODiN I • • •• • s I, • s>s•Ir . • a Ire •• • •• ss,, / •• • • �� $R•+r0,1 \ . • •• C \ .... rs\ I- I('4 `1 ` if 0a• oU1t07. [/v`\ 81 e V N Cr,.c S y H 161 4 - t�l 1 P�9VPO,S aro'i."maims "sy� - X • t2) /1,, I • t s• t2t h'At • -'WA 4fRiat pHOT07 V V a•�I 9 s11.c.'.ice -`;'l = t131 c.n • t v'':It Ty 4: a 5.. iZ°41 STRIP• \ v Donor. s;�oe{ ; CORD ADDt! \•� Asriean SOLDER'RBI ^6 a y ; 26,47.79 RES ��/"�`� r� Staff Report—Summerhill Senior Cooperative June 9,2000 BACKGROUND In 1995,the City Council established the Senior Issues Task Force to identify the impact of changing demographics of the senior population and the resulting needs for housing, transportation, health and social services and related issues. One of the needs identified by the Task Force was for a variety of affordable senior housing opportunities. The Final Report said some flexibility in the zoning codes may be necessary,including the use of higher densities to help maintain affordability. The site was guided for a High Density Residential as part of the Liberty Place Planned Unit Development concept approval in March,2000. The site is currently zoned Rural. Surrounding land uses consist of Smetana Lane, Lake Smetana (Natural Environment Water) to the south, Nine Mile Creek (General Development Water) to the east, Wilson Learning Tower to the north, approved plans for Liberty Place Industrial and Office buildings to the east, and Realife Cooperative to the west. SITE PLAN The structure is a four story, senior condominium building with 48 condominium units. Based on a gross area of 3.09 acres, the density of the project is 15.5 units per acre with Code allowing up to 17.4 units per acre. The net density is 17.4 units per acre on 2.75 acres (.34 acres of the site is in the floodplain). City Code requires 2 parking stalls per unit, or 96 stalls. This includes 63 underground spaces, 17 surface spaces and 16 surface,proof of parking spaces to meet code. The structure and parking meet the 150 foot shoreland setback from the lake and 100 foot setback from the creek. The structure also meets the zoning district setback requirements of 35 feet for the front yard, 25 feet from the side yard and 30 from the rear yard. The parking meets the 35 foot front yard setback and 10 foot side and rear yard setbacks. PLANNED UNIT DEVELOPMENT WAIVERS The proposal will require waivers to the zoning and shoreland ordinances. These following waivers are consistent with the approved PUD concept plan: • Minimum Lot Size of 30,000 sq.ft per Dwelling Unit to 2,804 sq.ft.per unit. The Code requires a lot area of 30,000 sq. ft. per unit for multi-family housing. This requirement would permit a significantly limited number of units above the Ordinary High Water Level, and would not be considered a reasonable use of the property consistent with residential guide plan densities. A similar waiver was approved for Realife Cooperative at 1,600 sq. ft. per unit. Approximately 33 acres of wetlands, creek, and lake area was dedicated to the City as part of the overall PUD concept approval. If this dedicated land was included, the lot size per dwelling unit would meet City Code. • Building height from 35 feet (shoreland code maximum height) to 50 feet and building height from 45 feet(zoning district code maximum height)to 50 feet. Staff Report—Summerhill Senior Cooperative June 9,2000 The building height is consistent with other buildings in the area. Wilson Learning Center located north of Valley View Road received a height variance for 115 feet; Realife Cooperative was granted a waiver to 48 feet; and Liberty Place office building was granted a waiver to 54 feet. The land being dedicated for park purposes has many mature trees located between the building and lake that and provides a natural buffer and reduces the visual impact on the lake. • Percent of impervious surface from 30% to 42% Impervious surface cannot exceed 30%; however, the City was granted a flexibility request to the shoreland code for Lake Smetana for up to 70% impervious surface provided that all stromwater is treated to NURP standards. If the 33 acres of land dedicated to the City is included, the impervious surface percentage would be 33%. DRAINAGE As part of the Liberty Place PUD approval, the stormwater treatment pond located at the east corner of Valley View Road and Smetana Lane will be enlarged to accommodate drainage from the apartment building. WETLANDS There are two wetland areas associated with the PUD that are classified as "low quality". The project complies with the City's wetland buffer and restoration policies. There is wetland fill and mitigation associated with the stormwater treatment pond. The amount of fill and mitigation plan was evaluated and approved as part of the Liberty Place PUD approval. UTILITIES Sanitary sewer and water is available by connecting to an existing line that will be established with the road improvements to Smetana Lane. ACCESS Smetana Lane will be improved. Realife Cooperative and Summerhill Cooperative will have a shared access from Smetana Lane out to Valley View Road. LANDSCAPING The total landscaping requirement for the site is 397 caliper inches. The landscape plan meets City Code. TRAILS AND SIDEWALKS A 5' wide concrete sidewalk is located along the internal surface parking lot area making a connection with Realife Cooperative to the west and the public trail to the east along Smetana Lane. This connection provides access to the proposed City Park and trail system on Lake Smetana. Staff Report—Summerhill Senior Cooperative June 9,2000 LIGHTING Lighting on all sites will consist of 20-foot tall, downcast, cut off fixtures. A lighting plan should be submitted prior the Council review. ARCHITECTURE The building meets the 75% face brick, glass, or natural stone exterior materials requirements. STAFF RECOMMENDATION Staff recommends approval of the following request: • Planned Unit Development Concept Amendment on 3.09 acres of the Liberty Place PUD • Planned Unit Development District Review with waivers on 3.09 acres • Zoning District Change from Rural to RM-2.5 on 3.09 acres • Site Plan Review on 3.09 acres This is based on plans dated May 26, 2000, the Staff Report dated June 9, 2000, and the following conditions: 1. Prior to grading permit issuance,the proponent shall: A. Install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. B. Submit to the City Engineer, recorded copies of the cross access and maintenance agreement documents. C. Submit detailed storm water runoff,utility and erosion control plans for review by the City Engineer and Watershed District. 2. Prior to building permit issuance,the proponent shall: A. Review the building plans with the Fire Marshal. A. Submit a landscaping bond in accordance with City Code. B. Provide building material samples and colors for review by the City Planner. C. Pay the cash park fee. 3. The following waivers to the City Code are granted as part of the PUD: • Site area per dwelling unit from 30,000 sq. ft. to 2,804 sq. ft. • Building height from 35 feet(shoreland code) and from 45 feet(zoning code)to 50 feet. • Impervious surface from 30%to 42%. A10 CITY COUNCIL AGENDA DATE: 07/18/00 SECTION: Public Hearings SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R.Uram Krista R.Flemming US West Addition �1l 1 / 1 , b. Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for PUD Concept Review on 1.09 acres; and • Approve 1st Reading of the Ordinance for PUD District Review with waivers within the I-2 Zoning District on 1.09 acres; and • Approve early grading and utility permit; and • Direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This project is for a 3,850 sq. ft. addition to the south side of the existing one story building located at 7825 Fuller Road. The Community Planning Board voted 6-0 to recommend approval of the project to the City Council at its June 12, 2000 meeting. Background Information The proposed additional space is necessary to house additional equipment to better serve customers with local exchange carrier options. The project requires waivers from City Code for a front yard building setback from 50 feet to 21 feet on South Frontage Road and onsite parking from 11 spaces to 6 spaces. This waiver may have merit for the following reasons: • The site has three public road frontages with 50 foot setbacks. • The green space between the curb and the building is 45 feet. • There is still space for landscaping to screen the proposed driveway along the south property line. • A decreased setback is requested to provide adequate expansion space to house advanced technological equipment. • The primary expansion purpose is to house modernized equipment in extra warehouse space, no additional employees will be hired. • The existing parking complies with office area requirement and will accommodate the 4 employees that work throughout the warehouse area. City Council Agenda US West Addition Page 2 Attachments 1. Resolution for PTJD Concept Review 2. Letter regarding an early grading permit 3. Community Planning Board Minutes dated June 12, 2000 4. Staff Report dated June 9,2000 U.S.WEST ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF U.S.WEST ADDITION FOR U.S.WEST WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Community Planning Board did conduct a public hearing on U.S. West PUD Concept by U.S. West and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and WHEREAS,the City Council did consider the request on July 18, 2000. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. U.S. West Addition, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A,is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated June 30, 2000. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated June 12, 2000. ADOPTED by the City Council of the City of Eden Prairie this 18th day of July, 2000. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk Exhibit A 3 US WEST-Glen Prairie Legal Description DESCRIPTION PROVIDED BY CLIENT PER GERI11,1CALE OF 1'1'I'LE NO. 720756.5 Parcel 1: Outlot 1, Eden Prairie Industrial Park, except that part of said Outlot 1 shown as Parcel 218A on Minnesota Department of Transportation Right of Way plats Numbered 27-45 and 27-46 as the same are on file and of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. Parcel 2: That part of the following described property: That part of the Northwest Quarter of the Northwest Quarter Section 16, and that part of the Northeast Quarter of the Northeast Quarter Section 17, all in Township 116, Range 22, described as beginning at the Northwest corner of the Northwest Quarter of Section 16, Township 116, Range 22; thence South along the West line of said Northwest Quarter to its intersection with the Southerly right-of-way line of State Trunk Highway No. 5; thence East along said Southerly right-of-way to the Northeasterly corner of Outlot 1, Eden Prairie Industrial Park; thence Southwesterly along the Southeasterly line of said Outlot 1 to its intersection with North line of Lot 2, Block 1, Eden Prairie Industrial Park; thence East along the North line of said Lot 2, Block 1, to its intersection with the West line of Lot 1, Block 1, Eden Prairie Industrial Park; thence North along the West line of said Lot 1, Block 1, and an extension thereof, to its intersection with the North line of said Northwest Quarter, thence West along the North line of said Northwest Quarter to the point of beginning, according to the Government Survey thereof, which lies westerly of the Easterly 150 feet of the above described property, except that part thereof shown as Parcel 218A on Minnesota Department of Transportation Right of Way Plats Numbered 27-45 and 27-46 as the same are on file and of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. Subject to an easement for highway and snow fence purposes in favor of the State of Minnesota as set forth in the instrument recorded in Book 2145 of Deeds, page 149, as Document No. 3087392; Subject to a transmission line easement, as described in the stipulation on file herein, together with incidental rights connected therewith as set forth in the instrument recorded in Book 1095 of Deeds, page 148, as Document No. 1326108, in favor of the Northern States Power Company over the property described as follows: that part of the Northwest Quarter of the Northwest Quarter, Section 16, Township 116, Range 22 beginning at the Northwest corner of the Northwest Quarter of Section 16, Township 116, Range 22, thence South along the West line of said Northwest Quarter a distance of 10 feet; thence East to a point on the extension Northerly of the West line of Lot 1, Block 1, Eden Prairie Industrial Park, which point is 10 feet South of the North line of the Northwest Quarter of the Northwest Quarter of said Section 16, as measured along the extension Northerly of the West line of said Lot, Block 1, thence North along the extension Northerly of the West line of said Lot 1 Block 1, to the North line of the Northwest Quarter of the Northwest Quarter of said Section 16, thence West along the North line of the Northwest Quarter of the Northwest Quarter of said Section 16 to the point of beginning; Subject to all rights of access and a temporary easement for highway purposes over part of above land, as shown in deed Doc. No. 1951010: Said temporary easement shall cease on December 1, 1993. J:1cLIENTs o6 6212 5 6 0 1 Glen PnuielOSlLTRlle�r].doe SLI ftR LEACH & LINDSTROP 1100 Peavey Building 730 Second Avenue South Minneapolis,MN 55402-2454 architecture tel:612 338.8741 fax:612 338.4840 engineering web:www.setterleach.com interiors June 30, 2000 Ms.Krista Hemming City Planning and Development City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 RE: U S WEST Communications Telecommunications Building Addition 7825 Fuller Road Dear Ms.Flemming: • In consideration of the current schedule for the city review process for the U SWEST addition at 7825 Fuller Road, we would like to address the review and permit process for an immediate need to begin underground utility work. U SWEST would like to begin underground utility construction work to relocate the main branch of fiber optic cabling directly associated with the building addition area. Speaking with Scott Kipp on June 30t,we inquired what, if any,would the City of Eden Prairie require for review of underground construction work required to move the existing fiber optic lines directly in-line with the proposed addition. Mr.Kipp thought a letter of • intent to address the current construction need would be appropriate for discussion during the July 18th City Council Meeting. It is important to note this work would be beneficial for our overall construction schedule and safer for the underground construction crew to begin work on moving the main branch of fiber optic cabling before the other construction trades people get on site. Fiber optic work is delicate and can be very time-consuming. 5 SEIIER Com.No. 0662.256.001 LEACH & June 30,2000 LINDSTROM Page 2 We assume full responsibility and risk of proceeding with this work understanding the architecture engineering review process and variance approval work is still proceeding. We ask the City of Eden interiors Prairie to please consider approval of this underground utility work and advise us as to the necessary review procedures,if any are required. • Sincerely, 6°6. /11(04/telUIA Jo h Scovronski Project Architect JLS/amm (ph-1) Comm.No. 0662.256.001 xc: Don Zastrow,U S WEST Torn Roberts, C.F.Haglin&Sons • J:ICII NTS10662125601 Glen PrairieeOS\LTR106300j1s.doc COMMUNITY PLANNING BOARD MINUTES Page 2 June 12,2000 Franzen stated that the Community Planning Board approved a guide plan change and the PUD at an earlier meeting and that the detailed plans are consistent with the approved concept plan. Jeff Blackwell,Westwood Engineering, showed the proposed road plan out for 48 units. Franzen said staff recommendation was for approval,noting the three waivers were for lot size,building height and impervious surface. The trade-off for the city was 2.5 acres dedicated as part of the plat and creating additional senior housing. Koenig asked about the wetland fill related to the treatment pond. Stu Fox,Manager of Parks and Natural Resources,replied that it was mitigated on site and did not change from the original Liberty PUD. Stoelting asked whether there would be sufficient parking. Franzen stated the 96 parking spaces provided met the code. Corneille asked whether there were any comments from the public. There were none. MOTION by Koenig, second by Stoelting to close the public hearing. Motion carried 6-0. MOTION by Stoelting, second by Koenig to approve the staff recommendation to approve the PUD Concept amendment on 3.09 acres of the Liberty Place PUD with waivers on 3.09 acres, Zoning District Change from Rural to RM-2.5 on 3.09 acres, and Site Plan Review on 3.09 acres. Motion carried 6-0. B. U.S.WEST ADDITION by U.S. West. Request for Planned Unit Development Concept Review on 1.09 acres,Planned Unit Development District Review with waivers in the I-2 Zoning District on 1.09 acres, and Sit Plan Review on 1.09 acres. Location: 7825 Fuller Road. Franzen explained the project and the setback waiver from 50 to 21 feet on the south frontage road and a waiver for parking. The addition is to provide space for equipment. Stoelting asked about the fire protection system issue mentioned in the packet. Franzen replied that a resolution will be required for a building permit. Stoelting asked about the cash in lieu of pond. City Engineer Al Gray said there was a formula for cost in terms of construction and real estate. Stoelting asked about the necessity for expansion. Bronski, a U.S. West representative, said the expansion is for new equipment to meet customer needs. COMMUNITY PLANNING BOARD MINUTES Page3 June 12,2000 MOTION by Clinton, second by Stoelting to close the public hearing.Motion carried 6-0. MOTION by Clinton, second by Stoelting to approve staff recommendation for PUD Concept review on 1.09 acres,PUD District Review with waivers in the I-2 Zoning district on 1.09 acres, and Site Plan Review on 1.09 acres. Motion carried 6-0. C. HEARTLAND ADDITION by Christopher and Kelly Kaeding, and Dariusz and Zofia Padniewski. Request for Zoning District Change from Rural to R1-13.5 on 1.88 acres. Location: 13801 St. Andrew Drive. Franzen described the project and said the project meets all city requirements,the square footage was consistent, and the board could forgo presentation. The property owners and builders were present for comment. Staff recommends approval. Koenig asked why there were no cash park fees and whether there would be a sizeable decrease in the number of trees. Franzen replied that since there is no subdivision of land the City cannot require the cash park fee. Stu Fox stated that there would be no change in the number of significant trees MOTION by Stoelting, second by Koenig to close the public hearing. Motion carried 6-0. MOTION by Stoelting, second by Koenig to approve the Heartland Addition Zoning District Change from rural to R1-13.5 on 1.88 acres. Motion carried 6-0. D. WALGREENS/BANK PROJECT by Semper Development, LTD. Request for Planned Unit Development Concept Amendment on 3.36 acres to the overall Gonyea PUD,Planned Unit Development District Review with waivers within the Community Commercial Zoning District on 3.36 acres, Site Plan Review on 3.36 acres, and Preliminary Plat of 3.36 acres into 2 lots. Location:NE corner of Co Rd 4 and Hwy 5. Franzen said the zoning status was community commercial. The council approved the two part building plan in 1986. There is a 25,000 square foot building that could be built and would have filled all of the wetland on the site. This approval was prior to the 1990 state law requiring mitigation. The proposal is to remove the existing building,relocate U.S. Bank to a smaller building east on the property, construct Walgreens on the site. John Koehler of Semper development presented the site plan. They are proposing splitting the property,include 13 parking spaces on the bank side required for the site. The lot size split results in 1.69 acres for Walgreens and 1.51 acres for the Bank S STAFF REPORT TO: Community Planning Board FROM: Krista Flemming,Planner I DATE: June 9, 2000 SUBJECT: U.S.West Addition APPLICANT/ OWNER: U.S.West LOCATION: 7825 Fuller Road REQUEST: 1. Planned Unit Development Concept Review on 1.09 acres 2. Planned Unit Development District Review with waivers in the I-2 Zoning District on 1.09 acres 3. 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There are industrial land uses surrounding the site. SITE PLAN The site is 1.09 acres. The existing building is one story and 9,850 sq. ft. The proposed project is for a 3,850 sq. ft. addition to the south side of the building. The additional space is necessary to house additional equipment to better serve customers with local exchange carrier options. City Code permits a base and floor area ratio of 30% for a one story industrial building. The project meets code at 30%. ARCHITECTURE The exterior materials will consist of 92%brick, and meets City Code. PLANNED UNIT DEVELOPMENT WAIVERS The proposal will require the following waivers: • Front Yard Building Setback from 50 feet to 21 feet on South Frontage Road The site has three public road frontages with 50 foot setbacks. A decreased setback is requested to provide adequate expansion space to house advanced technological equipment. The green space between the curb and the building is 45 feet. There is still space for landscaping to screen the proposed driveway along the south property line. • Parking requirement from 11 spaces to 6 spaces The code requires.5 stalls to accommodate office area (5 space per 1000 sq.ft.) and 6 stalls to accommodate warehouse area (1/2 space per 1000 sq. ft.) for a total of 11 spaces. Since the primary expansion purpose is to house modernized equipment in extra warehouse space,no additional employees will be hired. The existing parking complies with office area requirement and will accommodate the 4 employees that work throughout the warehouse area. DRAINAGE Drainage will be directed through downspouts and grading of the land to route water to the site's natural drainage course. The existing building was constructed prior to NURP pond requirements. The Developer proposes a contribution to the stormwater utility fund since the amount of additional water runoff is minor and the development of a pond to handle the site's runoff would preclude the building addition. The money received from this project will be used for the City stormwater improvement projects. The City has 1� Staff Report—U.S.West Addition June 9,2000 accepted this process in the past with projects constructed prior to NURP requirements. LANDSCAPE PLAN The landscaping required for the previous building addition that is located along the south side of the building will be relocated onsite to make room for the proposed addition. The tree replacement and landscaping requirement is 13 caliper inches. The plan provides 16 inches to meet code. UTILITIES Utilities are currently connected to the site. STAFF RECOMMENDATION Staff recommends approval of the following: • Planned Unit Development Concept Review on 1.09 acres • Planned Unit Development District Review with waivers in the I-2 Zoning District on 1.09 acres • Site Plan Review on 1.09 acres This approval is based on plans dated May 26, 2000, the Staff Report dated June 9, 2000, and the following conditions: 1. Prior to grading permit issuance,the proponent shall: A. Install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. B. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. 2. Prior to building permit issuance, the proponent shall: A. Review the building plans with the Fire Marshal. A. Submit a landscaping bond in accordance with City Code. B. Provide building material samples and colors for review by the City Planner. 3. The following waivers to the City Code are granted as part of the PUD: • Building front yard setback from 50 feet to 21 feet. • Parking from 11 spaces to 6 spaces Xi 2 CITY COUNCIL AGENDA DATE: 07/18/00 SECTION: Public Hearings SERVICE A.REA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Uram Scott A. Kipp Heartland Addition V� , • Requested Action Move to: • Close the Public Hearing; and • • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to R1- 13.5 on 1.88 acres; and • Direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This project is for two single-family lots located at 13801 St. Andrew Drive. The Community Planning Board voted 6-0 to recommend approval of the project to the City Council at its June 12, 2000 meeting. Background Information The property is currently zoned Rural. In order to construct two new single-family homes the property must be rezoned to R1-13.5. Sewer and water are available in St. Andrew Drive. The plans have been revised to relocate the retaining wall. This has reduced tree loss from 122 caliper inches (18%) to 94 caliper inches (13.5%). A tree replacement plan for 17 caliper inches has been submitted. Attachments 1. Staff Report dated June 9,2000 2. Community Planning Board Minutes dated June 12, 2000 STAFF REPORT TO: Community Planning Board FROM: Scott A.Kipp, Senior Planner • DATE: June 9, 2000 SUBJECT: Heartland Addition APPLICANT/ FEE OWNER: Christopher and Kelly Kaeding, and Dariusz and Zofia Padniewski LOCATION: 13801 St. Andrew Drive REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 1.88 acres. 7.7") 211 -, ii- (..- SA 4 2642.65 RES 0-11 1571 ���� 5+ ' Q• .ip ; •A ' •• t 7 _ �, -, s �• a ". s. (43)b 3 « a '` (421 ._ 2 ^ 7 (45)4 ,46 ¢ (A) a t .3 r. 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ANDREWS .. •. l)771 • g I l2(t /+'' cowI , r PO • �j tp p�1? :,52`S5?1u ) NJ I not II zo 31.33, y 1� .sus ,ot T `�I 4$'. 11.3t•41 y �L M ' SW olt ".17 41Nt WSt•+t I o' ..WA S.ttlL �. ,, v4.• ••l)r •,...,.. Z ' b 0u71.0t A s • 2s. al f. •tJ r+. 2628.25 RES /1 y •• -4.-_ Staff Report-Heartland Addition June 9,2000 BACKGROUND The Comprehensive Guide Plan shows this site as low density residential for up to 2.5 units per acre. The property is zoned Rural, and consists of two lots. Surrounding uses consist of single family development to the north and east, zoned R1-13.5, Baker Road to the south, and a church parking lot to the west, zoned Public. The existing house will be demolished. SITE PLAN The site requires rezoning from Rural to R1-13.5 to construct two new single-family homes. The lots are 21,015 sq. ft. and 28,613 sq. ft. in size, exceeding the minimum 13,500 sq. ft. required for the R1-13.5 zoning district. All setbacks are met for the R1-13.5 zoning district. Access to the property will be from St. Andrew Drive. No direct access to Baker Road will be permitted. Since the property is part of a recorded Hennepin County survey of a portion of Auditor's Subdivision 225,replatting of the property will not be required. A specific house design is proposed for the easterly lot, while the westerly lot shows a proposed house pad. GRADING There are 695 caliper inches of significant trees on the property. Grading for house pads will result in tree loss of 122 caliper inches, or 18 %. Average tree loss for residential development is 30%. Tree replacement is 29 caliper inches. Additional significant trees may be saved by modifying the location of the proposed retaining wall and should be explored. Prior to City Council, the proponent shall submit a tree replacement plan for 29 caliper inches or less if additional trees can be saved. UTILITIES City sewer and water is available to the site with connection to lines in St. Andrew Drive. All existing wells and septic systems will need to be abandoned. STAFF RECOMMENDATION Staff recommends approval of the following request: • Zoning District Change from Rural to R1-13.5 on 1.88 acres. This is based on plans dated May 26 2000, and subject to the recommendations of the Staff Report dated June 9, 2000, and the following: Staff Report-Heartland Addition June 9,2000 1. Prior to City Council review,the proponent shall revise the plans as follows: A. Modify the location of the retaining wall to save additional significant trees. B. Provide a tree replacement plan for 29 caliper inches. If additional trees can be saved by a modified retaining wall, the tree replacement plan needs to be based the additional trees saved. 2. Prior to building permit issuance, the proponent shall submit a tree replacement bond for review. • COMMUNITY PLANNING BOARD MINUTES Page 4 June 12,2000 C. HEARTLAND ADDITION by Christopher and Kelly Kaeding, and Dariusz and Zofia Padniewski. Request for Zoning District Change from Rural to R1-13.5 on 1.88 acres. Location: 13801 St. Andrew Drive. Franzen described the project and said the project meets all city requirements, the square footage was consistent, and the board could forgo presentation. The property owners and builders were present for comment. Staff recommends approval. Koenig asked why there were no cash park fees and whether there would be a noticeable loss of tree mass.Franzen replied that since there is no subdivision of land the City cannot require the cash park fee. Stu Fox stated that there would be no change in the number of significant trees MOTION by Stoelting, second by Koenig to close the public hearing. Motion carried 6-0. MOTION by Stoelting, second by Koenig to approve the Heartland Addition Zoning District Change from rural to R1-13.5 on 1.88 acres. Motion carried 6-0. CITY COUNCIL AGENDA DATE: 07/18/00 SECTION: Public Hearings SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R. Uram Walgreens/Bank Redevelopment VI I I , P, Michael D. Franzen Requested Action Move to: • Continue the Public Hearing to the August 1,2000, City Council meeting. Synopsis The Developer is requesting a continuance to the August 1, 2000 City Council meeting. Background This project is located at the southeast corner of the intersection of Wagner Way and County Road 4. The project involves removing the existing building and constructing a 15,120 sq. ft. Walgreens and a 3,500 sq. ft.bank. The project requires waivers for offsite parking, lot size, and side yard setback. Approximately 9,200 square feet of a 17.3-acre wetland will be filled. The mitigation site is at the southwest corner of Venture Lane and Highway 5. A conservation easement is shown on the plans over the wetland,wetland mitigation, and wetland buffers. The plan meets the required 15- foot wetland buffer and the required 15-foot structure setback. At the June 12, 2000 meeting, the Community Planning Board voted 6-0 to recommend approval of the project,with waivers,to the City Council. Attachments 1. Letter requesting continuance. 1 07/11/00 08:14 FAX 612 332 2128 SF:a[PER DMELOPMENT LTD. --fry1 SEMPER DEVELOPMENT, LTD. 600 Fashay Tower Phone: (612) 3. 821 Marquette Avenue Fax. (612)3 Minneapolis,Minnesota 55402 July 11, 2000 Michael D.Franzen City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 RE: Walgreens Project at Highways 5 and 4 Dear Mike: We are requesting a continuance to the August 1'City Council Meeting for our project at Hwy 5 ctn+ get back to you with any further information from Walgreens as soon as we have it. John H.Kohler JFIK/Ijo CITY COUNCIL AGENDA DATE: July 18, 2000 SECTION: Public Hearing SERVICE AREA/DIVISION: ITEM DESCRIPTION: Vacation 00-05 ITEM NO.: Engineering Services Vacation of Right-of-way for Smetana Lane - -, David Olson (Published 06/29/00) " �' Requested Action Move to: 1. Close the public hearing 2. Adopt the resolution vacating the right-of-way for Smetana Lane as described in the resolution Synopsis Liberty Property has requested vacation of the existing right-of-way for Smetana Lane to eliminate possible underlying description conflicts. Replacement right-of-way, following the proposed revised roadway realignment, will be dedicated on the plat of Realife Valley View Cooperative of Eden Prairie Addition. Attachments Vacation Drawings: 1. Location map 2. Plat of Liberty Place CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. VACATION OF RIGHT-OF-WAY FOR SMETANA LANE WHEREAS, The City of Eden Prairie has certain right-of-way described as follows: Right-of-way for Smetana Lane (also known as Smetana Road), located in Section 12, T116, R22W, from Valley View Road (formerly County Road No. 39)to the East line of the Southwest Quarter of said Section 12 and as described in document number 2615778, except that part dedicated on the plat of Smetana's Creekside Addition and except that part dedicated on the plat of Realife Valley View Cooperative of Eden Prairie Addition, filed in the recording offices of Hennepin County,Minnesota. WHEREAS, it has been determined that the said right-of-way is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said right-of-way as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on July 18, 2000. Jean L.Harris,Mayor ATTEST: SEAL • Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA DATE: July 18, 2000 SECTION: Public Hearing SERVICE AREA/DIVISION: ITEM DESCRIPTION: Vacation 00-06 ITEM NO.: Engineering Services Vacation of Drainage and Utility Easement David Olson over Lot 2,Block 1,Flagship Addition V7rre (Published 06/29/00) • Requested Action Move to: 1. Close the public hearing, 2. Adopt the resolution vacating the drainage and utility easements as described in the resolution Synopsis The Property owner has requested this vacation to remove underlying drainage and utility easements enabling the combination and platting with an adjacent parcel. Replacement easements following the new property lines have been dedicated in the plat pf Flagship 2nd Addition and approved on June 20, 2000. Attachments Vacation Drawings: , 1. Easement vacation sketch 2. Plat of Flagship 2nd Addition • CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER LOT 2,BLOCK 1,FLAGSHIP ADDITION WHEREAS, The City of Eden Prairie has a certain drainage and utility easements described as follows: The drainage and utility easements over Lot 2, Block 1, as dedicated in Flagship Addition, according to the recorded plat thereof,Hennepin County,Minnesota. WHEREAS, a public hearing was held on July 18, 2000 after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage-and utility easements as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on July 18, 2000. Jean L. Harris,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk ffSunde Land Surveying, LLC. . 001 East Bloomington Freeway (35W) Suite 118 Bloomington. Minnesota 55420-3435 Easement Vacation Business: 952-881-2455 FAX: 952-888-9526 Sketch For: OPUS NORTHWEST, L. L. C. N. N N. \ N,'\ , \ < / s . f� 'r '`) '. ♦♦ 3ro / L./-1 ., r 7/, k5, � ' • ,�� \ '' DRAINAGE k UTILITY 1♦♦Vp 0��� <'�1 ., EASEMENT PER ♦ \ -,�., FLAGSHIP ADDITION. •i �:. 04 4` 0` / , (TO BE VACATED) ♦♦♦ n \ ,` ' • . •( a\ . •♦ -A .. \ J , r Cry\' , •• q/ % `\ / A /-1/ '/Y/f' A / ♦ \ \ /-1L/L// l /v/ V O X. • ♦ •N s ` 'I�' �N~UN 9 60 \ i 1 DRAINAGE do UTILITY v •.. ••• h0 i EASEMENT PER •• ` O� T FLAGSHIP ADDITION yj ‘0 •♦ 60 \ c N 1• 5 (TO BE VACATED) N ••♦ 1 I Z� _ — --r--- - -- - - - - - - - -- - �' 587°59'07"ry 652.48 , -\ \ �, I y I. V I I ° �� r, r.iis I \ • • PROPOSED EASEMENT VACATION DESCRIPTION The drainoge and utility easements over Lot 2, Block I, as dedicated in FLAGSHIP ADDITION, according to the recorded plot thereof, Hennepin County, Minnesota. • it • In:ti . We hereby certify that this sketch, plan or report was prepared by me or under my instruction and thatlamaduly RegisteredLand Surveyor under the lowsoftheStateofMinnesota.Dated this 5th day of June, 2000 SUNDE LAND SURVEYING, LLC. ,rI- By_c-214 --.. /�� 98-205 358/59 T.116 R.22 5.14 Scott J. oukup, R.L.S. Minn. Reg. No. 17256 SMT 98205010.dwg 3 • —~le / r ;> • 1= amYte % / / .. ) , , , ', ..s-lk % 4, > -0 1 F= i i g a x ? \ . i?' I .1". 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J tn / /.),, ^i `'t • ..i4"-''::i .1 / 1 , e r/ R ..t, N"'‘.,•.1 // %( •:.• /43 Vc3\\ 1 /•• a �i �Q`� n(j ''y O °A C�y�s :)+ / /�G \ 1 O oAa I - \ 4 J\ ,r) J14 i .F, 6i54 y°i b�"^4 / ter./) <///,N, V 0 / (,�� 0 "'� w Io Q%`P9• r., i 1:'.. c) ..,\ ci''c' / (.5) I — i `1 /6c"g9c ' nri C. �,� ..--, , \ \ / / 7 C pi •44g CD t �r ,;‘,y I< N 10 :� Ili r / ti\'l. /� �. nx\ e'o / / >' 5 �+ / _rt 's 'x� Y' 1 \ T3 C C' Y / l/' oai I .��I• 1:1 • t,V ti•o ; . . 0L // tr /� rJ • li li G as Tr 3 o / `\Jjv z3 - • (P / En -4J` oN N T^ h, = Z Z 4 ai. a ( 1,o A 4 v O 1s N ;e m I }a 2 a CI 3 E y��,. a v 4 el C] Cx j]` 7. f.2 ' o t M • CITY COUNCIL AGENDA DATE: July 18, 2000 SECTION: Public Hearing SERVICE AREA/DIVISION: ITEM DESCRIPTION: Vacation 00-07 ITEM NO.: Engineering Services Vacation of Drainage and Utility Easement David Olson over part of Settlers Ridge , J... (Published 06/29/00) Requested Action Move to: 1. Close the public hearing 2. Adopt the resolution vacating the drainage and utility easements as described in the resolution Synopsis The Property owner has requested this vacation to remove underlying drainage and utility easements from the property to enable replatting of the lots. Replacement easements will be dedicated on the new plat. Attachments Vacation Drawings: • CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER PART OF SETTLERS RIDGE WHEREAS, The City of Eden Prairie has a certain drainage and utility easements described as follows: • All existing drainage and utility easements as delineated within Lots 2 and 3, Block 2, • Settlers Ridge,Hennepin County,Minnesota. WHEREAS, a public hearing was held on July 18, 2000 after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on July 18, 2000. Jean L.Harris,Mayor ATTEST:ST: SEAL Kathleen A.Porta, City Clerk Q• _ N VI h 0 CO U to U)Fw ID �'. o 0 E ato 0• z 43 o N O ii W• QWW en a U N o?wa o • w�aa o o O OOW> 4., L th o C O ;,r;:.` .N a N i:F.i:' o O m 1 �O if 300� o (3w 4 o y m ` i b iv. 'qc! W R LU • o Z i 0� W ' o O it N 14°p7.37' ,. 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'^e alE Egi 'o • 2' `' gas `. h-* �a.ay b1� �a a` 1�rc ° m k'I a 3 »i �qE 'S'a°Q 'Z30 PI". t <E I S •} • v i2;;a a _ a_r >� 3 I >� g3 .. x°'E S� rn i :e•8 ai8a< 82`o�=a m 1!S q° kp R. u P i Pial CO / W / / s) _` / / / 11� Q r�J // // / 4 / ',.. _ �?. •> \ // // -I,,,:k l.�`Y� F b ` ty)Cam.\v/ �6••j1 0 a `••.Y'>.> %.4.. . E E w CO78 �'t'i.P ,` ak�Lby.i' -- �L,ily;2�. + '-- S S S EE C \ . . Y9'�Yrt 1 E E R �rCky6 Yi as N / I S ♦GJ / G>C 1N11 ,l 1 ,7--. _ / 0 0ti illal■ .eY / A. Die )1 .) t. & o_ mS. 16. / +"y>°�•� / ��t 'r- --/'pr 1 i it _'it °/ -- r .L. o� '��-ice- / �' 33 / 'i i %, 0. 1% 1 1 // N\'d;Jrr6M 7r7;r 4$' ��` _ i % 'l o / �+>�� ;�c ion 60 °' \ I I u / 0 \ / 1 Z R i J R h I . CITY COUNCIL AGENDA DATE: July 18, 2000 SECTION: Public Hearing SERVICE AREA/DIVISION: ITEM DESCRIPTION: LC. 99-5484 ITEM NO.: Engineering Services Order Improvements and Preparation of Plans Alan D. Gray and Specifications for Charlson Area Improvements Requested Action Move to: 1. Close the public hearing 2. Adopt the resolution ordering the improvements and prepartion of plans and specifications for Charlson Area Improvements. Synopsis In accordance with Guide Plan designations adopted in 1998 in consultation with MAC, the Metropolitan Council and property owners this project will provide public infrastructure improvements to support the development of approximately 450 acres of land. Background Information Details are provided in the Feasibility Study Attachments Feasibility Study 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, a resolution of the City Council adopted the 20th day of June, 2000, fixed the 18th day of July, 2000, as the date for a public hearing on the following proposed improvements: I.C. 98-5470 and 99-5484: Charlson Area Improvements WHEREAS, ten days published notice of the Council Hearing through two weekly publications of the required notice was given and the hearing was held on the 18th day of July, 2000, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1. Such improvement is hereby ordered. 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and specifications for the making of such improvements, with the assistance of SRF, consulting engineers. ADOPTED by the Eden Prairie City Council on July 18, 2000. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk F:IGROUPSIENGINEER1SSAtCOUNCIL 2000198.54840-Charism Pubic Hewing,doc a. METROPOLITAN AIRPORTS COMEs{LSSION �r� ,0 is 34,4rrq Minneapolis-Saint Paul International Airport / ± 6040-28th Avenue South•Minneapolis,MN 55450-2799 3 o Phone(612)726-8100•Fax(612)726-5296 MAC t y o T q t Go 4'4,RPOI- July 17, 2000 Ms. Kathleen A. Porta City Clerk City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Charlson Area Improvements Improvement Contracts 98-5470 and 99-5484 Street and Utility Improvements ("Improvements") Dear City Clerk Porta: This letter should be read in conjunction with the June 13, 2000 Gary G. Warren letter to Eden Prairie City Engineer Alan Gray. A copy of the June 13, 2000 letter is attached for ease of reference. This letter is intended to serve as the Metropolitan Airports Commission's("MAC") objection to assessments regarding Improvements pursuant to Minn. Chapter 429. It is the MAC's understanding that the Eden Prairie City Council will hold a public hearing on July 18, 2000 regarding the Improvements. The MAC is the owner of or has an ownership interest in the following PID parcels identified in the City of Eden Prairie's Feasibility Study regarding the Improvements: All of 29-116-22-11-0003 All of 20-116-22-43-0068 All of 29-116-22-14-0001 All of 29-116-22-12-.0012 All of 28-116-22-23-0001 All of 29-116-22-11-0001 All of 28-116-22-24-0002 All of 29-116-22-12-0007 A portion of 28-116-22-23-0003 All of 28-116-22-22-0002 A portion of 28-116-22-42-0003 All of 28-116-22-22-0003 A portion of 28-116-22-41-0001 The MAC has not received a Notice of Hearing regarding the trunk utility assessments on some of the above parcels that may be before the City Council on July 18, 2000. However, this objection also relates to those parcels. The Metropolitan Airports Commission is an affirmative action employer. www.mspairportcom RelieverAirports: AIRLAKE•ANOKACOUNTY/BLAINE•CRYSTAL•FLYING CLOUD•LAKEELMO•SAINT PAUL DOWNTOWN City Clerk Porta July 17, 2000 Page 2 The MAC objects to the Improvements if the approval or adoption of the Improvements will result in an assessment or other charges against the above-referenced MAC property. Most of the above MAC property serves as a runway protection area and will not be developed. The small portion of the MAC property that will be developed will be served by the MAC's own utilities. The City's feasibility study that claims to support the Improvements is based on the flawed assumption that there will be economic development and related dependence on the Improvements north of realigned County Road 4. Any development north of County Road 4 will be solely by the MAC. The MAC development does not have a use for the Improvements. Although the City's Preliminary Assessment Roll indicates assessments against MAC property of approximately$5,084,191.00, the Improvements will not benefit the MAC property at all. The MAC will not tie into the utility Improvements after installation and any revenue projections based on the MAC use of the utility Improvements are not based in fact. The Improvements will solely benefit properties other than the MAC parcels. It is inappropriate and unfair to ask MAC to bear a large financial burden for a project it neither needs nor wants. If the City of Eden Prairie decides to pursue the Improvements, the properties that are principally benefited should pay the cost. Eden Prairie's approach in spreading the proposed assessments for the Improvements appears to be based on the mechanical application of frontage and area formulas. The MAC believes this approach does not bear a rational relationship to the actual value of the improvements to the MAC property. ur tr y, '1444- C Jeff ey W. miel Executive Director Attachment cc: Greg Bistram, Briggs and Morgan Bob Swenson, W. D. Schock Nigel Finney, MAC Gary Warren, MAC Mark Ryan, MAC METROPOLITAN AIRPORTS COMIMIISSION PP ptLIS SqHT4 Minneapolis-Saint Paul International Airport t 7C 6040-28th Avenue South• Minneapolis,MN 55450-2799 m o Phone(612)726-8100•Fax(612)726-5296 O MAC t t 9 t GO ^'N/RPORt� June 13, 2000 . Sent via fax: 612.949.8326 Mr.Alan Gray • City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: CHARLSON AREA IMPROVEMENT FEASIBILITY STUDY CITY IMPROVEMENT CONTRACT 98-5470 &99-5484 • Dear Mr. Gray: • I am forwarding this letter to your attention in response to your June 8, 2000 voice mail in which you indicated to me that the city's interpretation of MAC's position on the assessments contained in the Charlson Area Improvement Feasibility Study was, "that we had no problem with it." As I indicated to you in a return voice mail message on Friday, June 9, this is an incorrect assumption on your part. The MAC can not support any assessment proposal which is not substantiated by a corresponding increase in property value as required.by Minnesota Statutes Section 429. There is no justification presented in your draft feasibility study for the area assessment approach which proposes collecting approximately $7million of assessments on MAC property, or property to be acquired by MAC. As you are aware only a small portion of the Charlson property will see airport building area development and the rest of the area will remain undeveloped as runway protection area as requested by the City. If staff intends to bring this feasibility study to the City Council on June 20 as indicated in your voice mail, we request you include this letter so your Council has a clear understanding of MAC's position on this matter. On a related concern based,on our meeting with you on May 9, 2000, it appears that we have consensus relative to the costs associated with the installation of sanitary sewer and water main along Pioneer Trail and Trunk Highway 212 to service the existing airport property and BFI. Since MAC's installation cannot proceed without the City's trunk improvement project we seek your cooperation to move forward immediately to facilitate the Pioneer Trail and Trunk Highway 212 installation. Sincerely, ..j;4 Gary G.Warren, P.E. Director—Airside Development • GGW/Irk cc: Nigel Finney Tim Anderson Gary Schmidt Bridget Rief • The Metropolitan Airports Commission is an affirmative action employer. www.mspairport.com • Reliever Airports: AJRLAKE•ANOKA COUNTY/BLAINE•CRYSTAL•FLYING CLOUD•LAKE ELMO•SAINT PAUL DOWNTOWN CITY COUNCIL AGENDA DATE: July 18,2000 SECTION: Public Hearing SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 98-5470/99-5484 ITEM NO.: Engineering Services Special Assessment Hearing for the Charison Jim Richardson Area OZ. , K, • Requested Action Move to: ' 1. Close the public hearing 2. Adopt the resolution approving the Special Assessments presented regarding utility and street improvements in the Charison Area, I.C. 98-5470 and I.C. 99- 5484 for parcels owned by Lynn Charison. Synopsis This public hearing and the levy of special assessments are all in accordance with discussions and the special assessment agreement between the City and Lynn Charlson. Background Information Although the feasibility hearing has just been held for the Charison Area Improvements, at the request of the owner's representative, the levy of the proposed assessments are proposed at this time. • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections in the proposed assessments for the following improvements to wit: (See Exhibit A attached) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefitted by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid on or before November 30, 2000. To the first installment shall be added interest on the entire assessment from November 1, 2000 until December 31, 2001. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2001. 4. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearings as provided for the assessments being made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. APPROVED on July 18, 2000. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk a 1. I.C. 98-5470 and 99-5484 Street and utility improvements in the Charlson Project Cost: $ 9,176,500.00 Development Area Previously Assessed: $ -0- Charlson Assessment: $6,885,849.00 Future Assessment: $ 2,290,651.00 Net Assessment: $ 6,885,849.00 Acreage Rate $25,414.00/Ac 20 Years at 8.5 % Parcel PID# Property Owner Legal Description 2001 Deferred 2006 $Amount $Amount $Amount 29-116-22-11-0003 Lynn Charlson Unpiatted 520,848-.00 29-116-22-14-0001 Lynn Charlson Unplatted 186,456.00 28-116-22-23-0001 Lynn Charlson Unplatted 571,792.00 28-116-22-24-0002 Lynn Charlson Unplatted 323,907.00 28-116-22-23-0003 Lynn Charlson Unpiatted 541,296.00 28-116-22-42-0003 Lynn Charlson Unplatted 3,576,874.00 • 28-116-22-41-0001 Lynn Charlson Unplatted 1,164,676.00 3 PID Int. Yrs. Amount SUPPLEMENTALS Trunk Sewer &Water 29-116-22-11-0003 Lynn Charlson 8.5% 20 210,455.00 29-116-22-14-0001 Lynn Charlson 8.5% 20 71,393.00 28-116-22-23-0001 Lynn Charlson 8.5% 20 110,250.00 28-116-22-24-0002 Lynn Charlson 8.5% 20 68,845.00 28-116-22-23-0003 Lynn Charlson 8.5% 20 104,370.00 28-116-22-42-0003 Lynn Charlson 8.5% 20 709,275.00 28-116-22-41-0001 Lynn Charlson 8.5% 20 284,200.00 -1 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims July 18,2000 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims Financial Services/Don Uram Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 88277-89184 Wire Transfers 352-359 Background Information Checks numbered 88277-88699 and wire transfers 352-359 are included in this report. They would have been in a separate report dated July 4 and submitted to the Council at that time had there been a regular meeting. Attachments COUNCIL CHECK SUMMARY 14-JUL-2000 (09:10) DIVISION TOTAL N/A $24,109.10 LEGISLATIVE $7,265.27 LEGAL COUNSEL $17,253.89 CUSTOMER SERVICE $24,958.25 BENEFITS $15,225.84 TECHNOLOGY $48,138.92 FINANCE $1,307.54 HUMAN RESOURCES $1,185.16 COMMUNICATIONS $9,327.30 CITY CLERK $399.08 HUMAN SERV $3,750.00 RISK MANAGEMENT $473.01 WIRELESS COMMUNICATION $4,961.26 ENGINEERING $4,365.74 INSPECTIONS $91.89 FACILITIES $35,818.41 ASSESSING $286.53 CIVIL DEFENSE $50.24 POLICE $23,890.21 FIRE $8,520.53 PARK ADMIN $15.96 STREETS/TRAFFIC $84,701.23 PARK MAINTENANCE $32,806.58 PARKS CAPITAL $7,428.38 STREET LIGHTING • $51,724.78 FLEET SERVICES $26,114.47 ORGANIZED ATHLETICS $11,614.73 COMMUNITY DEV -$193.55 COMMUNITY CENTER $62,641.05 BEACHES $376.07 HISTORICAL $220.47 YOUTH RECREATION $13,924.24 SPECIAL EVENTS $33,437.98 • ADULT RECREATION $2,517.89 RECREATION ADMIN $555.20 ADAPTIVE REC $1,236.00 OAK POINT POOL $350.20 ARTS $11,112.90 PARK FACILITIES $2,965.01 PUBLIC IMPROV PROJ $176,722.35 DEBT SERVICE PAYMENTS $1,500.00 EMPLOYEE PAYROLL DEDUCTIONS $264,021.53 CAPITAL IMPROVEMENT PROGRAM $300.70 CITY CENTER $10,313.78 SPECIAL REVENUE FUNDS $3,714.33 PRAIRIE VILLAGE LIQUOR STORE $116,557.36 PRAIRIEVIEW LIQUOR STORE $136,658.19 DEN ROAD LIQUOR STORE $218,311.62 TRUST FUNDS $143,618.45 WATER DEPT $260,077.91 SEWER DEPT $194,206.19 STORM DRAINAGE $24,281.21 AGENCY FUNDS $51,095.79 EQUIPMENT $2,430.54 $2,178,737.71* COUNCIL CHECK REGISTER 14-JUL-2000 (09 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 88277 $178.31 AT&T TELEPHONE GENERAL 88278 $6.89 AT&T TELEPHONE PRAIRE VIEW LIQUOR #3 88279 $300.00 BODE, BARBARA & STEVEN REFUNDS ENVIRONMENTAL EDUCATION 88280 $1,120.00 CHESTNUT TOWNHOME APARTMENTS HOPE LOAN RECEIVABLE HOPE LOAN DAMAGE DEPOSIT 88281 $102.31 CONNEY SAFETY PRODUCTS SAFETY SUPPLIES EQUIPMENT MAINTENANCE 88282 $7.50 DENNEHY, KELLIE LESSONS/CLASSES POOL LESSONS 88283 $150.36 GARTNER REFRIGERATION & MFG IN REPAIR & MAINT SUPPLIES ICE ARENA 88284 $261.99 GEIS, ROB TRAINING SUPPLIES POLICE 88285 $129.40 GLENWOOD INGLEWOOD OPERATING SUPPLIES-GENERAL FITNESS CENTER 88286 $100.00 JACOBSON, PHYLLIS REFUNDS ENVIRONMENTAL EDUCATION 88287 $100.00 KRANENDONK, BRADLEY REFUNDS ENVIRONMENTAL EDUCATION 88288 $242.85 LAMBERT, BOB DUES & SUBSCRIPTIONS IN SERVICE TRAINING 88289 $100.00 LAMOREAUX, BOB REFUNDS ENVIRONMENTAL EDUCATION 88290 $56.85 LARSON PUBLICATIONS INC EMPLOYMENT ADVERTISING HUMAN RESOURCES 88291 $75.00 LEBLANC, ERIC SCHOOLS POLICE 88292 $32.00 LOHAN, SCOTT LESSONS/CLASSES POOL LESSONS 88293 $60.00 M SHANKEN COMMUNICATIONS INC MISC TAXABLE PRAIRE VIEW LIQUOR #3 88294 $81.90 VANSICKLE, PATTI MILEAGE AND PARKING • POLICE 88295 $32.00 MENDEZ, LISA LESSONS/CLASSES POOL LESSONS 88296 $50.00 MILLARD, CHRIS SCHOOLS POLICE 88297 $240.00 MINNESOTA POLLUTION CONTROL AG LICENSES & TAXES FLYING CLOUD FIELDS K15 88298 $75.00 MORROW, JAMES SCHOOLS POLICE 88299 $215.00 NATIONAL RECREATION AND PARK A DUES & SUBSCRIPTIONS IN SERVICE TRAINING 88300 $100.00 NELSON, CURT AND WENDI REFUNDS ENVIRONMENTAL EDUCATION 88301 $32.00 NETTELL, CHARLES LESSONS/CLASSES POOL LESSONS 88302 $100.00 PEROUTKA, TOM REFUNDS ENVIRONMENTAL EDUCATION 88303 $100.00 PETERSEN, MICHAEL REFUNDS ENVIRONMENTAL EDUCATION 88304 $4,774.97 QUALITY WINE & SPIRTS CO MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 88306 $1,759.31 ROTTLUND HOMES DEPOSITS ESCROW 88307 $45.00 SZCZEPANIAK, JILL LESSONS/CLASSES POOL LESSONS 88308 $198.95 UNLIMITED SUPPLIES INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 88309 $100.00 VOLOVIK, VLAD REFUNDS ENVIRONMENTAL EDUCATION 88310 $171.11 WEEDMAN, NICOLE MISCELLANEOUS PROGRAM SUPERVISOR 88311 $100.00 WEISSENBERGER, JEAN REFUNDS ENVIRONMENTAL EDUCATION 88312 $43.19 WERTS, SANDY MILEAGE AND PARKING REC SUPERVISOR '88313 $32.00 WHITMORE, MOLLY LESSONS/CLASSES POOL LESSONS 88314 $100.00 YOST, DAWN REFUNDS ENVIRONMENTAL EDUCATION 88315 $358.26 ACE ICE COMPANY MISC TAXABLE PRAIRE VIEW LIQUOR #3 88316 $684.30 ALL SAINTS BRANDS DISTRIBUTING OPERATING SUPPLIES-GENERAL PRAIRIE VILLAGE LIQUOR #1 88317 $156.20 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES PRAIRIE VILLAGE LIQUOR #1 88318 $2,184.43 BELLBOY CORPORATION MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 88320 $11,357.75 DAY DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 88321 $1,496.51 EAGLE WINE COMPANY WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 88322 $5,057.10 EAST SIDE BEVERAGE COMPANY BEER 6/12 LIQUOR STORE CUB FOODS 88323 $349.80 GETTMAN COMPANY MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 88324 $821.64 GRAPE BEGINNINGS WINE DOMESTIC LIQUOR STORE CUB FOODS 88325 $6,848.11 GRIGGS COOPER & CO TRANSPORTATION PRAIRE VIEW LIQUOR #3 88326 $18,857.93 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 88330 $1,778.87 LAKE REGION VENDING TOBACCO PRODUCTS LIQUOR STORE CUB FOODS 88331 $11,737.36 MARK VII BEER 6/12 LIQUOR STORE CUB FOODS 88332 $1,225.76 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 88333 $342.05 NORTH STAR ICE MISC TAXABLE LIQUOR STORE CUB FOODS 88334 $1,397.23 PAUSTIS & SONS COMPANY WINE IMPORTED LIQUOR STORE CUB FOODS 88335 $34.72 PEPSI COLA COMPANY MISC TAXABLE PRAIRE VIEW LIQUOR #3 88336 $4,535.73 PHILLIPS WINE AND SPIRITS INC WINE DOMESTIC LIQUOR STORE CUB FOODS 3 COUNCIL CHECK REGISrr'R 14-JUL-2000 (09 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 88341 $868.65 PINNACLE DISTRIBUTING TOBACCO PRODUCTS LIQUOR STORE Cu13 FOODS 88342 $2,576.56 PRIOR WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 88343 $28,935.18 THORPE DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 88344 $100.00 ANDERSON-BAHL, KIMBERLY REFUNDS ENVIRONMENTAL EDUCATION 88345 $493..94 ASPEN WASTE SYSTEMS INC. WASTE DISPOSAL WATER TREATMENT PLANT 88346 $25.00 CHRISTIANSEN, JAN LESSONS/CLASSES POOL LESSONS 88347 $65.00 CLIFFORD, GARY CONTRACTED REPAIR & MAINT WATER SYSTEM MAINTENANCE 88348 $100.00 DIETZ, EUGENE REFUNDS ENVIRONMENTAL EDUCATION 88349 $53.25 ECOLAB INC OTHER CONTRACTED SERVICES CUMMINS/GRILL 88350 $945.60 GOPHER STATE ONE-CALL INC OTHER CONTRACTED SERVICES WATER SYSTEM MAINTENANCE 88351 $351.00 HOLMES, JOHN CARTER OTHER CONTRACTED SERVICES SOFTBALL 88352 $273.00 HOLMES, TOM OTHER CONTRACTED SERVICES SOFTBALL 88353 $139.04 HUMAN SERVICES - EMSOCS OTHER CONTRACTED SERVICES PARK MAINTENANCE 88354 $100.00 JASPER DEVELOPMENT CASH OVER/SHORT FD 10 ORG 88355 $196.07 KRAEMERS HARDWARE INC REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 88356 $77.50 LOOSEN, MICHAEL ADULT RESIDENT MEMBERSHIP COMMUNITY CENTER ADMIN 88357 $22.53 METROPOLITAN FORD EQUIPMENT PARTS EQUIPMENT MAINTENANCE 88358 $40.92 MINNCOMM PAGING OTHER CONTRACTED SERVICES WATER SYSTEM MAINTENANCE 88359 $23.00 MINNESOTA DEPT OF HEALTH LICENSES & TAXES WATER UTILITY-GENERAL 88360 $9,678.57 NORTHERN STATES POWER CO ELECTRIC STORMWATER LIFTSTATION 88361 $56,012.60 PUBLIC EMPLOYEES RETIREMENT PERA WITHHELD FD 10 ORG 88362 $50.78 PUBLIC EMPLOYEES RETIREMENT AS PERA WITHHELD FD 10 ORG 88363 $100.00 PUDAS, RICHARD REFUNDS ENVIRONMENTAL EDUCATION 88364 $12.58 RESIDENTIAL HEATING CASH OVER/SHORT FD 10 ORG 88365 $100.00 SEAL, DOREEN REFUNDS ENVIRONMENTAL EDUCATION 88366 $4,582.24 SUNRAM CONSTRUCTION IMPROVEMENT CONTRACTS STARING LK PLSTUCT K20 88367 $32.83 SWAGGERT, NATALIE MISCELLANEOUS IN SERVICE TRAINING 88368 $4,878.76 US WEST COMMUNICATIONS TELEPHONE GENERAL 88370 $699.66 AIRTOUCH CELLULAR, BELLEVUE TELEPHONE HUMAN RESOURCES 88371 $9,030.81 WOODDALE BLDERS BLDG SURCHARGES BUILDING SURCHARGE 88372 $33,759.00 METROPOLITAN COUNCIL MAY SAC CHARGES SAC AGENCY FUND 88373 $7,059.32 MINNESOTA STATE TREASURER MAY BLDG SURCHARGES BUILDING SURCHARGE 88374 $214.77 MUELLER, CYNTHIA MTG EXPENSES OAK POINT OPERATIONS 88375 $135.00 ANOKA COUNTY SHERIFF'S DEPT WARRANT #2787 ESCROW 88376 $5,775.00 BECKER ARENA PRODUCTS INC CONTRACTED REPAIR & MAINT FACILITIES - COMMUNITY CENTER 88377 $80.00 BIRDIES MINI GOLF SPECIAL EVENTS FEES TEEN WORK PROGRAM 88378 $355.02 CONRAD, SPENCER MN STATE FIREFIGHTERS CONF IN SERVICE TRAINING 88379 $135.00 MINNESOTA DEPT OF PUBLIC SAFET BICYCLE REGISTRATIONS FD 10 ORG 88380 $45.47 MINNESOTA HISTORICAL SOCIETY PHOTOGRAPHIC REPRODUCTIONS HERITAGE PRESERVATION 88381 $96.31 PIZZA HUT SPECIAL EVENTS FEES TEEN WORK PROGRAM 88382 $2,494.28 RELIANT ENERGY RETAIL INC. GAS WATER TREATMENT PLANT 88383 $19.50 RICHFIELD, CITY OF MOTOR VEHICLE REGISTRATIONS EQUIPMENT MAINTENANCE 88384 $240.00 RIVER VALLEY RANCH INC SPECIAL EVENTS FEES TEEN WORK PROGRAM 88385 $1,000.00 TEMPORARY HEROS SUN JUNE 18 STARING LAKE CONCERT 88386 $149.09 VANDENBERGHE, MARK JVC-VCR FIRE 88387 $168.60 CHRISTENSON, LAINE LESSONS/CLASSES ICE ARENA 88388 $210.00 CONVERGENT COMMUNICATIONS INC. TELEPHONE GENERAL 88389 $581.13 D.J. KRANTZ DEPOSITS ESCROW 88390 $30.00 DENG, ROBERT ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 88391 $1,540.00 EDEN PRAIRIE FIREFIGHTER'S REL DUES PAYABLE FD 10 ORG 88392 $22.00 EWEN, KIMBERLY ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 88393 $26.10 EXPRESS MESSENGER SYSTEMS INC POSTAGE GENERAL . 88394 $7.50 FORE MECHANICAL CASH OVER/SHORT FD 10 ORG 88395 $35.00 GADDY, NICOLE ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 88396 $196.51 GE CAPITAL RENTALS GENERAL COUNCIL CHECK REGISTER 14-JUL-2000 (09 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 88397 $225.00 GOVERNMENT FINANCE OFFICERS AS LICENSES & TAXES FINANCE DEPT 88398 $6.14 GROSCH, CHARLES ACCTS REC-CUSTOMER WATER DEPT 88399 $4.00 GROSS, ELIZABETH LESSONS/CLASSES OAK POINT LESSONS 88400 $180.00 HOFFMAN, TERESA ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 88401 $529.44 HOME DEPOT/GECF REPAIR & MAINT SUPPLIES FIRE STATION #1 88402 $32.00 HOWE, CINDY LESSONS/CLASSES POOL LESSONS 88403 $22.00 KINGSLEY, BILL ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 88404 $17,253.89 LANG PAULY GREGERSON AND ROSOW LEGAL SERVICE LEGAL COUSEL 88405 $905.99 LEAGUE OF MINNESOTA CITIES DEPOSITS ESCROW 88406 $93.64 LIMBERG, KRISTY OPERATING SUPPLIES-GENERAL SUMMER THEATRE 88407 $38.40 LINEHAN, CORI ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL PLAYGROUND 88408 $1,571.36 METRO SALES INCORPORATED* RENTALS GENERAL 88409 $425.01 MICHAEL LYNNS TENNIS SHOP REC EQUIP & SUPPLIES YOUTH TENNIS 88410 $19,084.00 MINNESOTA DEPT OF HEALTH MISCELLANEOUS WATER SYSTEM SAMPLE 88411 $211.50 MINNESOTA DEPT OF PUBLIC SAFET PROFESSIONAL SERVICES RISK MANAGEMENT 88412 $60.00 MUSTON, RUBECCA LESSONS/CLASSES POOL LESSONS 88413 $35.00 NELSON, STEPHANIE ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 88414 $530.40 NILSSON, BETH INSTRUCTOR SERVICE ICE ARENA 88415 $126.00 POMMER, RICHARD ADULT/YOUTH/OUTDOOR CTR PROG SPRING SKILL DEVELOP 88416 $515.00 PROGRESSIVE CONTRACTORS INC DEPOSITS ESCROW 88417 $75.00 RANKILA, MARILYN ROUND LAKE PAVILION PARK FACILITIES 88418 $42.00 REYNOLDS, ANN ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 88419 $246.00 RICCAR HEATING MECHANICAL PERMIT FD 10 ORG 88420 $4,000.00 SOUTHWEST CORRIDOR TRANSPORTAT DUES & SUBSCRIPTIONS COUNCIL 88421 $18.00 SWART, JUNE LESSONS/CLASSES POOL LESSONS 88422 $376.66 TEKIELA, STAN OTHER EQUIPMENT OUTDOOR CTR PROGRAM 88423 $12.25 PARAGON CABLE CABLE TV COMMUNITY SERVICES 88424 $57.00 VALITON, SUE ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 88425 $60.00 WYERS, JOAN ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 88426 $118,648.64 NORTHERN STATES POWER CO ELECTRIC TRAFFIC SIGNALS 88432 $87.24 ACE ICE COMPANY MISC TAXABLE PRAIRE VIEW LIQUOR #3 • 88433 $310.30 ALL SAINTS BRANDS DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 88434 $39.59 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES LIQUOR STORE CUB FOODS 88435 $2,264.12 BELLBOY CORPORATION MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 88437 $2,574.50 DAHLHEIMER DISTRIBUTING COMPAN BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 88438 $3,748.35 DAY DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR,#1 88439 $2,796.91 EAGLE WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 88440 $12,136.53 EAST SIDE BEVERAGE COMPANY BEER 6/12 LIQUOR STORE CUB FOODS 88441 $113.00 GRAPE BEGINNINGS WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 88442 $9,232.02 GRIGGS COOPER & CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 88443 $23,336.72 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 88448 $1,860.99 LAKE REGION VENDING TOBACCO PRODUCTS LIQUOR STORE CUB FOODS 88449 $5,269.94 MARK VII BEER 6/12 LIQUOR STORE CUB FOODS 88450 $108.02 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE LIQUOR STORE CUB FOODS 88451 $344.50 NORTH STAR ICE MISC TAXABLE LIQUOR STORE CUB FOODS 88452 $204.00 PAUSTIS & SONS COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 88453 $128.32 PEPSI COLA COMPANY MISC TAXABLE LIQUOR STORE CUB FOODS 88454 $12,588.82 PHILLIPS WINE AND SPIRITS INC WINE IMPORTED LIQUOR STORE CUB FOODS 88458 $598.45 PINNACLE DISTRIBUTING MISC NON-TAXABLE PRAIRE VIEW LIQUOR #3 88459 $2,516.87 PRIOR WINE COMPANY WINE IMPORTED PRAIRE VIEW LIQUOR #3 88460 $7,431.09 QUALITY WINE & SPIRTS CO WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 88462 $8,114.74 THORPE DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 88463 $421.86 WINE MERCHANTS INC WINE DOMESTIC LIQUOR STORE CUB FOODS 88464 $696.42 WORLD CLASS WINES INC WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 88465 $1,141.62 ASPEN WASTE SYSTEMS INC. WASTE DISPOSAL FIRE STATION #3 5 COUNCIL CHECK REGISITat 14-JUL-2000 (09 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 88466 $19.78 AT&T TELEPHONE WATER TREATMENT PLANT 88467 $27.96 AT&T TELEPHONE WATER UTILITY-GENERAL 88468 $226.85 CONNEY SAFETY PRODUCTS CLEANING SUPPLIES WATER TREATMENT PLANT 88469 $43.50 CULLIGAN WATER WATER SOFTNER OUTDOOR CENTER-STARING LAKE 88470 $110.00 CODE ADMINISTRATION & INSPECTI LICENSES & TAXES WATER TREATMENT PLANT 88471 $57.00 DONOVAN, SHARON ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 88472 $200.00 ESTEP, SHARI OTHER CONTRACTED SERVICES ACCESSIBILITY 88473 $1,436.73 GARTNER REFRIGERATION & MFG IN REPAIR & MAINT SUPPLIES ICE ARENA 88474 $4.50 HERZAN, CHRISTIE ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 88475 $200.00 HOLTE, MARY OTHER CONTRACTED SERVICES ACCESSIBILITY 88476 $231.21 ICI DULUX PAINT CTRS BLDG REPAIR & MAINT WATER TREATMENT PLANT 88477 $1,588.00 JAYMES BUILDING OTHER CONTRACTED SERVICES 1999 REHAB 88478 $426.00 JB LAWN LANDSCAPING & SNOWPLOW OTHER CONTRACTED SERVICES CEMETERY OPERATION 88479 $572.04 KRAEMERS HARDWARE INC OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 88480 $100.00 LAVEN, GRETCHEN REFUNDS ENVIRONMENTAL EDUCATION 88481 $9,458.83 MASSACHUSETTS MUTUAL LIFE INSU BLDG RENTAL PRAIRE VIEW LIQUOR #3 88482 $223.65 MINNEAPOLIS AREA ASSOC OF REAL OPERATING SUPPLIES-GENERAL ASSESSING-ADMIN 88483 $42.00 MINNESOTA DEPT OF PUBLIC SAFET OPERATING SUPPLIES-GENERAL POLICE 88484 $15.00 MINNESOTA POLICE AND PEACE OFF DUES & SUBSCRIPTIONS POLICE 88485 $100.00 MOOT, NANCY REFUNDS ENVIRONMENTAL EDUCATION 88486 $516.88 OTTERNESS, RON OPERATING SUPPLIES-GENERAL OUTDOOR CTR PROGRAM 88487 $28.95 PAPER WAREHOUSE LICENSES & TAXES HUMAN RESOURCES 88488 $500.00 PARKWAY APARTMENTS HOPE LOAN RECEIVABLE HOPE LOAN DAMAGE DEPOSIT 88489 $86.95 PETTY CASH-POLICE DEPT POSTAGE GENERAL 88490 $80.00 RAY, WENDY REFUNDS ENVIRONMENTAL EDUCATION 88491 $5,134.31 RELIANT ENERGY RETAIL INC. GAS EPCC MAINTENANCE 88492 $2,430.54 RICHFIELD, CITY OF AUTOS P/W REVOLVING FUND 88493 $100.00 SHIMOTA, DAVID REFUNDS ENVIRONMENTAL EDUCATION 88494 $200.00 SMITH, PATRICIA REFUNDS ENVIRONMENTAL EDUCATION 88495 $40.00 TELEPHONE ANSWERING CENTER INC OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 88496 $170.00 UNDERWATER WORLD MALL OF AMERI SPECIAL EVENTS FEES TEEN WORK PROGRAM 88497 $546.36 AIRTOUCH CELLULAR, BELLEVUE TELEPHONE POLICE 88498 $100.00 WUNDERLICH, DEBORAH REFUNDS ENVIRONMENTAL EDUCATION 88499 $550.21 JOHNSON BROTHERS LIQUOR CO WINE DOMESTIC PRAIRE VIEW LIQUOR #3 88500 $1,341.75 MARK VII BEER 6/12 PRAIRE VIEW LIQUOR #3 88501 $99.80 CHUCK E CHEESE SPECIAL EVENTS FEES SPECIAL EVENTS/TRIPS 88502 $340.00 DIAMOND T RANCH SPECIAL EVENTS FEES SPECIAL EVENTS/TRIPS 88503 $43.36 HOVLID, JEFFERY LIFE INSURANCE W/H FD 10 ORG 88504 $8.42 KEMP, NICHOLAS ACCTS REC-CUSTOMER WATER DEPT 88505 $34,000.00 MINNESOTA DEPARTMENT OF FINANC DEPOSITS ESCROW 88506 $680.00 MINNESOTA DEPT. OF FINANCE DEPOSITS ESCROW 88507 $91.98 PROTECTION ONE CONTRACTED REPAIR & MAINT CUMMINS/GRILL 88508 $233.44 US POSTMASTER - HOPKINS POSTAGE SENIOR CENTER PROGRAM 88509 $185.13 AAA LAMBERTS LANDSCAPE PRODUCT LANDSCAPE MTLS & AG SUPPL WATER SYSTEM MAINTENANCE 88510 $5,522.11 ABSOLUTE RAIN INC. GROUNDS MAINTENANCE EP CITY CTR OPERATING COSTS 88511 $940.82 ADVANTAGE FIRST AID AND SAFETY SAFETY SUPPLIES GENERAL 88512 $21.30 AIM ELECTRONICS OPERATING SUPPLIES-GENERAL MILLER PARK 88513 $2,653.00 ALLMAX PROFESSIONAL SOLUTIONS OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 88514 $53.25 AMERICAN RED CROSS SAFETY SUPPLIES RILEY LAKE-BEACH 88515 $1,394.67 ANCHOR PAPER COMPANY OFFICE SUPPLIES GENERAL 88516 $2,130.00 ANCHOR PRINTING COMPANY PRINTING JULY 4TH CELEBRATION 88517 $711.37 AQUA ENGINEERING INC REPAIR & MAINT SUPPLIES STORM DRAINAGE 88518 $165.18 ARMOR SECURITY INC CONTRACTED REPAIR & MAINT OUTDOOR CENTER-STARING LAKE 88519 $75.51 ASPEN REACH EQUIPMENT COMPANY EQUIPMENT PARTS EQUIPMENT MAINTENANCE 88520 $30.00 ASSOCIATION OF TRAINING OFFICE SCHOOLS POLICE 6 COUNCIL CHECK REGISxta 14-JUL-2000 (09 CHECK NO ['RF'CK AMOUNT VENDOR DESCRIPTION PROGRAM 88521 $535.00 AUDIOQUIP INC EQUIPMENT RENTAL STARING LAKE CONCERT 88522 $154.09 BAN-KOE SYSTEMS INC OPERATING SUPPLIES-GENERAL COMMUNITY CENTER ADMIN 88523 $6,542.00 BARR ENGINEERING COMPANY IMPROVEMENTS TO LAND BAC TREE PLANTING PROJECT 88524 $559.28 BECKER ARENA PRODUCTS INC REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 88525 $749.76 BENIEK, BRIAN GROUNDS MAINTENANCE FIRE STATION #2 88526 $288.00 BIG LAKE CONSTRUCTION CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT 88527 $334.20 BILL CLARK OIL CO INC LUBRICANTS & ADDITIVES WATER TREATMENT PLANT 88528 $47.93 BLOOMINGTON LOCK AND SAFE* OPERATING SUPPLIES-GENERAL GENERAL BUILDING FACILITIES 88529 $108.45 BLR INC TRAINING SUPPLIES SEWER UTILITY-GENERAL 88530 $6,451.43 BROCK WHITE CO LLC SEAL COATING CONTRACTED STREET MAINTENANCE 88531 $135.36 CARLSON TRACTOR AND EQUIPMENT EQUIPMENT PARTS EQUIPMENT MAINTENANCE 88532 $367.10 CD PRODUCTSinC. ADVERTISING JULY 4TH CELEBRATION 88533 $3,197.46 CEMSTONE BUILDING MATERIALS ROUND LK PARK K17 88534 $1,222.00 CHAD NESTOR ILLUSTRATION & DES ADVERTISING JULY 4TH CELEBRATION 88535 $161.52 CHANHASSEN BUMPER TO BUMPER EQUIPMENT PARTS EQUIPMENT MAINTENANCE 88536 $115.00 CIRCADIAN INFORMATION DUES & SUBSCRIPTIONS WATER TREATMENT PLANT 88537 $106.50 CLAREYS INC EQUIP TESTING & CERTIFICATION WATER SYSTEM MAINTENANCE 88538 $208.04 COMMERCIAL POOL AND SPA SAFETY SUPPLIES POOL OPERATIONS 88539 $580.47 CONNEY SAFETY PRODUCTS SAFETY SUPPLIES EQUIPMENT MAINTENANCE 88540 $3,561.36 CONVERGENT COMMUNICATIONS INC. TELEPHONE GENERAL 88541 $1,728.44 CORPORATE EXPRESS OFFICE SUPPLIES GENERAL 88542 $29.37 CUB FOODS EDEN PRAIRIE OPERATING SUPPLIES-GENERAL FIRE 88543 $11,422.72 CUTLER-MAGNER COMPANY CHEMICALS WATER TREATMENT PLANT 88544 $2,314.50 CYBERTROL ENGINEERING CONTRACTED EQUIP REPAIR WATER TREATMENT PLANT 88545 $5,725.34 DALCO CLEANING SUPPLIES EPCC MAINTENANCE 88546 $53.25 DALE GREEN COMPANY, THE LANDSCAPE MTLS & AG SUPPL STREET MAINTENANCE 88547 $773.14 DANKO EMERGENCY EQUIPMENT CO PROTECTIVE CLOTHING FIRE 88548 $102.17 DAY-TIMER OPERATING SUPPLIES-GENERAL PROGRAM SUPERVISOR • 88549 $2,360.90 DECORATIVE DESIGNS INC REPAIR & MAINT SUPPLIES EP CITY CTR OPERATING COSTS 88550 $51.09 DELUXE BUSINESS FORMS AND SUPP OPERATING SUPPLIES-GENERAL FINANCE DEPT 88551 $35.00 DEM CON LANDFILL INC WASTE DISPOSAL PARK MAINTENANCE 88552 $930.81 DEZURIK EQUIPMENT PARTS WATER TREATMENT PLANT 88553 $43.73 DISPLAY SALES REPAIR & MAINT SUPPLIES FIRE STATION #2 88554 $2,559.57 DOYLE EQUIPMENT INC. EQUIPMENT PARTS STORM DRAINAGE 88555 $3,862.91 DPC INDUSTRIES INC CHEMICALS WATER TREATMENT PLANT 88556 $336.68 DRISKILLS NEW MARKET OPERATING SUPPLIES-GENERAL PRESCHOOL EVENTS 88557 $15,462.30 DRT TRANSPORT OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 88558 $201.31 EARL F ANDERSEN INC SIGNS TRAFFIC SIGNS 88559 $74.55 ECOLAB INC OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 88560 $305.00 EDINA, CITY OF CONST TESTING-SOIL BORING WATER SYSTEM SAMPLE 88561 $4,436.55 EF JOHNSON RADIOS WIRELESS COMMUNICATION 88562 $22.75 EGAN AUTOMATION INC. REPAIR & MAINT SUPPLIES FIRE STATION #1 88563 $342.00 EKLUNDS TREE AND BRUSH DISPOSA WASTE DISPOSAL TREE REMOVAL 88564 $292.56 EMERGENCY APPARATUS MAINTENANC CONTRACTED REPAIR & MAINT FIRE 88565 $1,144.00 ERICKSEN ELLISON AND ASSOCIATE DESIGN & CONST RADIO ANTENNA PROJECT 88566 $6,249.43 ESS BROTHERS & SONS INC* REPAIR & MAINT SUPPLIES STORM DRAINAGE 88567 $1,896.76 FACILITY SYSTEMS INC FURNITURE & FIXTURES FURNITURE ACCOUNT 88568 $422.00 FASTSIGNS REPAIR & MAINT SUPPLIES RILEY LAKE-BEACH 88569 $42.68 G & K SERVICES DIRECT PURCHASE CLOTHING & UNIFORMS SEWER UTILITY-GENERAL 88570 $1,020.63 G & K SERVICES-MPLS INDUSTRIAL CLEANING SUPPLIES WATER TREATMENT PLANT 88571 $2,371.52 GENERAL REPAIR SERVICE EQUIPMENT PARTS WATER TREATMENT PLANT 88572 $708.23 GENUINE PARTS COMPANY REPAIR & MAINT SUPPLIES SEWER SYSTEM MAINTENANCE 88574 $13.96 GINA MARIAS INC MISCELLANEOUS FIRE 88575 $266.67 GREAT RIVER ENERGY OPERATING SUPPLIES-GENERAL FINANCE DEPT 88576 $665.63 GREENER PASTURES CONTRACTED REPAIR & MAINT WATER TREATMENT PLANT COUNCIL rHPCK REGISTER 14-JUL-2000 (09 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 88577 $355.28 GUNNAR ELECTRIC CO INC CONTRACTED EQUIP REPAIR SEWER LIFTSTATION 88578 $759.50 HACH COMPANY CLEANING SUPPLIES WATER TREATMENT PLANT 88579 $4,280.77 HANSEN THORP PELLINEN OLSON IMPROVEMENT CONTRACTS COLUMBINE ROAD 88580 $222.66 HARMON AUTOGLASS CONTRACTED REPAIR & MAINT EQUIPMENT REPAIRS P/S 88581 $13,014.18 HARTLAND FUEL PRODUCTS LLC MOTOR FUELS EQUIPMENT MAINTENANCE 88582 $360.00 HAWKINS WATER TREATMENT GROUP CHEMICALS WATER TREATMENT PLANT 88583 $1,607.06 HELLERS CARBONIC WEST CHEMICALS WATER TREATMENT PLANT 88584 $468.48 HENNEPIN COUNTY SHERIFF'S OFFI BOARD OF PRISONERS SVC POLICE 88585 $25.00 HENNEPIN COUNTY TREASURER OPERATING SUPPLIES-GENERAL COMMUNITY DEVELOPMENT 88586 $152.10 HENNEPIN TECHNICAL COLLEGE TRAINING SUPPLIES WATER TREATMENT PLANT 88587 $1,214.10 HERTZ EQUIPMENT RENTAL CORP EQUIPMENT RENTAL STREET MAINTENANCE 88588 $523.98 HIRSHFIELDS PAINT MANUFACTURIN OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 88589 $2,080.00 HONEYWELL INC OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 88590 $181.18 HUMAN SERVICES - EMSOCS OTHER CONTRACTED SERVICES PARK MAINTENANCE 88591 $171.48 HYDROLOGIC REPAIR & MAINT SUPPLIES PARK MAINTENANCE 88592 $80.83 IKON OFFICE SOLUTIONS* OPERATING SUPPLIES-GENERAL POLICE 88593 $847.74 INFRATECH EQUIPMENT PARTS STORM DRAINAGE 88594 $216.00 INNOVATIVE GRAPHICS CLOTHING & UNIFORMS POOL LESSONS 88595 $10.00 COMPUTER CHEQUE OF MINNESOTA I OTHER CONTRACTED SERVICES PRAIRIE VILLAGE LIQUOR #1 88596 $3,125.00 ISD 272 PROFESSIONAL SERVICES HOUSING, TRANS, & SOC SVC 88597 $434.68 ITASCA GREENHOUSE INC LANDSCAPE MTLS & AG SUPPL TREE DISEASE 88598 $899.83 J J KELLER & ASSOCIATES INC TRAINING SUPPLIES WATER UTILITY-GENERAL 88599 $151.29 J&W INSTRUMENTS INC. EQUIPMENT PARTS WATER TREATMENT PLANT 88600 $385.13 JANEX INC CLEANING SUPPLIES EPCC MAINTENANCE 88601 $785.21 JOHN HENRY FOSTER MINNESOTA IN EQUIPMENT PARTS WATER TREATMENT PLANT 88602 $238.00 KENS MEATS INC ' MISCELLANEOUS FIRE 88603 $102,452.00 KNUTSON CONSTRUCTION COMPANY IMPROVEMENT CONTRACTS 10 MGD WATER PLANT EXPANSION 88604 $357.58 KOCH SULFUR PRODUCTS PATCHING ASPHALT STREET MAINTENANCE 88605 $604.17 LAB SAFETY SUPPLY INC REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 88606 $90.00 LAKE COUNTRY DOOR CONTRACTED EQUIP REPAIR MARKETCENTER RESERVOIR 88607 $1,194.00 LAND OF LAKES TILE CO OTHER EQUIPMENT CC CAPITAL OUTLAY 88608 $50.47 LANO EQUIPMENT INC OPERATING SUPPLIES-GENERAL STREET MAINTENANCE 88609 $165.00 FESTIVE DISPLAYS ADVERTISING JULY 4TH CELEBRATION 88610 $184.03 LYMAN LUMBER COMPANY BUILDING MATERIALS ROUND LK PARK K17 88611 $68.00 MARKS CERTICARE AMOCO CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 88612 $50.00 MATTS AUTO SERVICE INC TRAINING SUPPLIES FIRE 88613 $121.49 MCGLYNN BAKERIES MISCELLANEOUS WATER UTILITY-GENERAL 88614 $130.00 MED-COMPASS INC. PERSONNEL TESTING FIRE 88615 $989.65 MENARDS REPAIR & MAINT SUPPLIES WATER METER REPAIR 88617 $159.70 METRO ATHLETIC SUPPLY OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 88618 $370.97 METRO FIRE CONTRACTED REPAIR & MAINT FIRE 88619 $3,503.55 METRO SALES INCORPORATED* RENTALS GENERAL 88620 $294.85 METROPOLITAN FORD EQUIPMENT PARTS EQUIPMENT MAINTENANCE 88621 $7,326.77 MIDWEST ASPHALT CORPORATION WASTE DISPOSAL NESBITT / PRESERVE PARK K16 88622 $5,009.65 MINNESOTA PIPE AND EQUIPMENT* REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 88623 $92.85 MINNESOTA VIKINGS FOOD SERVICE MISCELLANEOUS POLICE 88624 $19.17 MINNESOTA WANNER COMPANY REPAIR & MAINT SUPPLIES PARK MAINTENANCE 88625 $80.80 MTI DISTRIBUTING CO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 88626 $545.76 NATIONWIDE ADVERTISING SERVICE EMPLOYMENT ADVERTISING HUMAN RESOURCES 88627 $319.49 NORTHERN TOOL & EQUIPMENT CO. LANDSCAPE MTLS & AG SUPPL WATER TREATMENT PLANT 88628 $1,500.00 NORWEST BANK MN N.A. PAYING AGENT B & PAYMENTS 88629 $170.40 OHLIN SALES OPERATING SUPPLIES-GENERAL TRAFFIC SIGNALS 88630 $431.19 OLSEN CHAIN & CABLE CO INC SMALL TOOLS WATER SYSTEM MAINTENANCE 88631 $74.55 THE ICE MAN/CO2 SERVICES CHEMICALS POOL MAINTENANCE 88632 $182.49 PAPER WAREHOUSE REC EQUIP & SUPPLIES PRESCHOOL PLAYGROUND COUNCIL CHECK REGISIBR 14-JUL-2000 (09 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 88633 $4,360.79 PARAMETERS FURNITURE & FIXTURES WATER UTILITY-GENERAL 88634 $3,488.50 PARROTT CONTRACTING INC CONTRACTED REPAIR & MAINT WATER SYSTEM MAINTENANCE 88635 $735.18 PITNEY BOWES RENTALS GENERAL 88636 $200.00 PORT-A-WELDING INC REPAIR & MAINT SUPPLIES POOL MAINTENANCE 88637 $2,606.51 PRAIRIE ELECTRIC COMPANY CONTRACTED BLDG REPAIRS FIRE STATION #1 88638 $56.65 PRAIRIE LAWN AND GARDEN OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 88639 $128.00 PRINTERS SERVICE INC REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 88640 $19.60 QUICKSILVER EXPRESS COURIER POSTAGE GENERAL 88641 $1,631.51 R E FRITZ INC OPERATING SUPPLIES-GENERAL FIRE 88642 $111.00 RAINBOW RACING SYSTEM INC OPERATING SUPPLIES-GENERAL POOL SPECIAL EVENTS 88643 $7,196.66 RECREATION SUPPLY CO OTHER EQUIPMENT CC CAPITAL OUTLAY 88644 $705.34 RESPOND SYSTEMS* SAFETY SUPPLIES SEWER UTILITY-GENERAL 88645 $10,705.51 RMR SERVICES INC OTHER CONTRACTED SERVICES WATER METER REPAIR 88646 $96.30 ROADRUNNER TRANSPORTATION INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 88647 $504.00 ROBICHONS THE IN-LINE SKATE SC INSTRUCTOR SERVICE SUMMER SKILL DEVELOP 88648 $294.58 SALLY DISTRIBUTORS OPERATING SUPPLIES-GENERAL POOL SPECIAL EVENTS 88649 $174.04 SANCO CLEANING SUPPLIES CLEANING SUPPLIES WATER TREATMENT PLANT 88650 $7,428.38 SCHARBER & SONS OTHER EQUIPMENT CAPITAL OUTLAY-PARK 88651 $1,495.00 SERCO LABORATORIES PROFESSIONAL SERVICES WATER UTILITY-GENERAL 88652 $4,032.81 SHORT ELLIOT HENDRICKSON INC DESIGN & CONST CEDAR FOREST UTILITY CONSTRUCT 88653 $229.51 SIGN*A*RAMA TRAINING SUPPLIES POLICE 88654 $1,259.55 GOLD COUNTRY INC SIGNATURE CON CLOTHING & UNIFORMS ADAPTIVE RECREATION 88655 $330.58 SIMPLEX TIME RECORDER CO OTHER CONTRACTED SERVICES FIRE 88656 $377.69 SNAP-ON TOOLS SMALL TOOLS EQUIPMENT MAINTENANCE 88657 $1,120.36 SNELL MECHANICAL INC REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 88658 $16.61 SOUTHWEST SUBURBAN PUBLISHING- EMPLOYMENT ADVERTISING HUMAN RESOURCES 88659 $970.00 SPORTS WORLD USA INC CLOTHING & UNIFORMS JULY 4TH CELEBRATION 88660 $82.43 SPS COMPANIES REPAIR & MAINT SUPPLIES PARK MAINTENANCE 88661 $14,477.13 SRF CONSULTING GROUP INC DESIGN & CONST TH 212 FLYING CLOUD AIRPORT 88662 $867.39 STATE CHEMICAL MFG CO, THE CLEANING SUPPLIES WATER TREATMENT PLANT 88663 $146.34 STRINGER BUSINESS SYSTEMS INC CONTRACTED REPAIR & MAINT GENERAL 88664 $126.14 SUBURBAN TIRE & AUTO SERVICE I TIRES EQUIPMENT MAINTENANCE 88665 $5,859.01 SUMMIT ENVIROSOLUTIONS PROFESSIONAL SERVICES WATER UTILITY-GENERAL 88666 $125.00 SWEDLUNDS WASTE DISPOSAL OUTDOOR CENTER-STARING LAKE 88667 $43.78 TARGET OPERATING SUPPLIES-GENERAL POOL SPECIAL EVENTS 88668 $382.54 TEMPEST TECHNOLOGY CORP MISC FIRE EQUIPMENT FIRE 88669 $130.45 TESSMAN SEED CO CHEMICALS PARK MAINTENANCE 88670 $369.00 THOMPSON PUBLISHING GROUP INC DUES & SUBSCRIPTIONS STORM DRAINAGE 88671 $37.50 THUNDER COMMUNICATIONS OTHER CONTRACTED SERVICES SENIOR WEB SITE 88672 $17,550.56 TKDA PROFESSIONAL SERVICES GENERATORS-WELL 2,9,11,13 88673 $71.70 TOLL GAS AND WELDING SUPPLY OPERATING SUPPLIES-GENERAL COMMUNITY CENTER ADMIN 88674 $38.34 TOTAL REGISTER OPERATING SUPPLIES-GENERAL PRAIRE VIEW LIQUOR #3 88675 $160.50 TRANS ALARM INC CONTRACTED BLDG REPAIRS EP CITY CTR OPERATING COSTS 88676 $73.49 TRIARCO REC EQUIP & SUPPLIES PROGRAM SUPERVISOR 88677 $186.27 TRUGREEN CHEMLAWN MTKA GROUNDS MAINTENANCE FIRE STATION #2 88678 $548.48 TRUGREEN LANDCARE GROUNDS MAINTENANCE FIRE STATION #1 88679 $2,057.53 TURF SUPPLY COMPANY CHEMICALS PARK MAINTENANCE 88680 $169.30 TWIN CITY OXYGEN CO OPERATING SUPPLIES-GENERAL WATER SYSTEM MAINTENANCE 88681 $444.67 UNIFORMS UNLIMITED CLOTHING & UNIFORMS FIRE 88682 $185.23 UNITED LABORATORIES CLEANING SUPPLIES WATER TREATMENT PLANT 88683 $139.49 UNLIMITED SUPPLIES INC OPERATING SUPPLIES-GENERAL TRAFFIC SIGNS 88684 $19.00 US FILTER PERRIN PRODUCTS INC OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 88685 $426.03 US OFFICE PRODUCTS OFFICE SUPPLIES WATER UTILITY-GENERAL 88686 $78.80 USF HOLLAND INC. SMALL TOOLS WATER SYSTEM MAINTENANCE 88687 $932.42 VALLEY RICH CO INC CONTRACTED REPAIR & MAINT WATER SYSTEM MAINTENANCE t COUNCIL CHECK REGISIEK 14-JUL-2000 (09 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 88688 $2,280.00 VAN WATERS & ROGERS INC CHEMICALS WATER TREATMENT PLANT 88689 $1,147.01 VERNCO MAINTENANCE INC OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 88690 $134.92 VWR SCIENTIFIC PRODUCTS OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 88691 $15.00 W GORDON SMITH COMPANY, THE OPERATING SUPPLIES-GENERAL WATER SYSTEM MAINTENANCE 88692 $1,023.85 W W GRAINGER INC SMALL TOOLS WATER TREATMENT PLANT 88693 $755.91 WALTERS SWIM SUPPLIES INC CLOTHING & UNIFORMS POOL OPERATIONS 88694 $5,484.00 WESTERN WATERPROOFING COMPANY CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT 88695 $2,436.19 WILSONS NURSERY LANDSCAPE MTLS & AG SUPPL ROUND LK PARK K17 88696 $55.57 WOLF CAMERA INC PHOTO SUPPLIES PROGRAM SUPERVISOR 88697 $504.25 WOODTRONICS FURNITURE & FIXTURES LIQUOR STORE CUB FOODS 88698 $4,111.33 WORK CONNECTION, THE OTHER CONTRACTED SERVICES PARK MAINTENANCE 88699 $4,754.53 YALE INCORPORATED CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT 88700 $300.00 AARP 55 ALIVE MATURE DRIVING SPECIAL EVENTS FEES SENIOR CENTER PROGRAM 88701 $300.00 AFTER 5 WOMENS VOCAL ENSEMBLE OTHER CONTRACTED SERVICES STARING LAKE CONCERT 88702 $70.00 ARENSON, DIANE SPECIAL COMMUNITY EVENTS ADAPTIVE RECREATION • 88703 $407.00 CATER RENT SPECIAL EVENTS FEES TEEN WORK PROGRAM 88704 $1,200.00 COLLINS PRODUCTIONS OTHER CONTRACTED SERVICES STARING LAKE CONCERT 88705 $150.05 CONRAD, SPENCER MISCELLANEOUS FIRE 88706 $500.00 CRAWFORD, ANN OTHER CONTRACTED SERVICES SUMMER THEATRE 88707 $200.00 DAYTON 'S FACILITIES RENTAL OUTDOOR CTR PROGRAM 88708 $40.00 DE RUDDER, GERRY SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 88709 $700.00 DISTRICT, THE OTHER CONTRACTED SERVICES STARING LAKE CONCERT 88710 $15.00 DULL, DENICE SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 88711 $300.00 DURKHOPF, CLARK OTHER CONTRACTED SERVICES SUMMER THEATRE 88712 $50.00 EDEN PRAIRIE SENIOR POLKA BAND OTHER CONTRACTED SERVICES JULY 4TH CELEBRATION 88713 $35.00 ESSINK, DEBORAH ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SAFETY CAMP 88714 $600.00 FLYNN, JEROME OTHER CONTRACTED SERVICES STARING LAKE CONCERT 88715 $1,025.00 GAME WORLD OTHER CONTRACTED SERVICES JULY 4TH CELEBRATION 88716 $25.00 GREEN, LAURA SPECIAL COMMUNITY EVENTS ADAPTIVE RECREATION 88717 $29.00 HAKES, KAREN LESSONS/CLASSES POOL LESSONS 88718 $600.00 HELGESON, GLEN OTHER CONTRACTED SERVICES STARING LAKE CONCERT 88719 $4.00 HIGHLAND, INGRID LESSONS/CLASSES POOL LESSONS 88720 $64.00 HOFFMAN, JIM ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 88721 $340.00 IACP DUES & SUBSCRIPTIONS POLICE '88722 $46.16 JASMINE Z. KELLER GARNISHMENT WITHHELD FD 10 ORG 88723 $82.00 JONES, SHANI ADULT/YOUTH/OUTDOOR CTR PROG ACTIVITY CAMP 88724 $50.00 KEIVES, CYNTHIA LESSONS/CLASSES POOL LESSONS 88725 $32.00 KISHAWY, EL LESSONS/CLASSES POOL LESSONS 88726 $64.00 KNECHT, MARY LESSONS/CLASSES POOL LESSONS 88727 $84.00 KOLLER, THERESE LESSONS/CLASSES ICE ARENA 88728 $38.57 KRAEMERS HARDWARE INC REC EQUIP & SUPPLIES SOFTBALL 88729 $350.00 LACASSE, ANDREW OTHER CONTRACTED SERVICES STARING LAKE CONCERT 88730 $400.00 LARSON, LeROY OTHER CONTRACTED SERVICES STARING LAKE CONCERT 88731 $150.00 LIMBERG, KRISTY OPERATING SUPPLIES-GENERAL SUMMER THEATRE 88732 $50.00 LOHAN, LESLIE LESSONS/CLASSES POOL LESSONS . 88733 $14,072.50 MASYS CORPORATION COMPUTERS ' POLICE 88734 $200.00 MEIER, ELLEN OTHER CONTRACTED SERVICES SUMMER THEATRE 88735 $20,000.00 MELROSE PYROTECHNICS INC OTHER CONTRACTED SERVICES JULY 4TH CELEBRATION 88736 $1,280.84 MINN CHILD SUPPORT PAYMENT CTR GARNISHMENT WITHHELD FD 10 ORG 88737 $100.00 MINNESOTA SENIOR FEDERATION DUES & SUBSCRIPTIONS SENIOR CENTER PROGRAM 88738 $750.00 MISTY & FRIENDS OTHER CONTRACTED SERVICES JULY 4TH CELEBRATION 88739 $600.00 MURRAY, DANIEL J. OTHER CONTRACTED SERVICES SUMMER THEATRE 88740 $52.37 NORTHERN STATES POWER CO ELECTRIC DOUGLAS/MORE HOUSE 88741 $50.50 NRPA OPERATING SUPPLIES-GENERAL ADAPTIVE RECREATION 88742 $700.00 PAUL, CYRIL OTHER CONTRACTED SERVICES STARING LAKE CONCERT 10 COUNCIL CHECK REGISTER 14-JUL-2000 (09 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 88743 $500.00 PETTY CASH - TRIA MANN OPERATING SUPPLIES-GENERAL JULY 4TH CELEBRATION 88744 $156.50 PETTY CASH CASH OVER/SHORT FD 10 ORG 88746 $28.00 POHLEN, JODY ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON PLAYGROUND 88747 $72.00 PROFESSIONAL DRIVER TRAINING I SCHOOLS SENIOR CENTER PROGRAM 88748 $350.00 PUDAS, RICHARD OTHER CONTRACTED SERVICES JULY 4TH CELEBRATION 88749 $200.00 RATEIKE, MARILYN JANE OTHER CONTRACTED SERVICES SUMMER THEATRE 88750 $644.33 REAL GEM REC EQUIP & SUPPLIES SOFTBALL 88751 $525.00 RICHARD ALAN PRODUCTIONS OTHER CONTRACTED SERVICES JULY 4TH CELEBRATION 88752 $25.00 ROBINSON, REGINA SPECIAL COMMUNITY EVENTS ADAPTIVE RECREATION 88753 $84.50 SMITH, SHELLEY SCHOOLS FITNESS CLASSES 88754 $250.00 SNODGRASS, DAVID OTHER CONTRACTED SERVICES SUMMER THEATRE 88755 $150.00 SNODGRASS, LAURA OTHER CONTRACTED SERVICES SUMMER THEATRE 88756 $400.00 ST. LOUIS PARK COMM BAND OTHER CONTRACTED SERVICES STARING LAKE CONCERT 88757 $213.00 SUPER JUMP EQUIPMENT RENTAL JULY 4TH CELEBRATION 88758 $250.00 SUTTER, ROSS OTHER CONTRACTED SERVICES JULY 4TH CELEBRATION 88759 $2,450.00 TEMPORARY HEROS OTHER CONTRACTED SERVICES JULY 4TH CELEBRATION 88760 $11.65 PARAGON CABLE CABLE TV COMMUNITY SERVICES 88761 $154.00 TOMLINSON, TERRI LESSONS/CLASSES POOL LESSONS 88762 $1,096.96 TRUGREEN LANDCARE GROUNDS MAINTENANCE FIRE STATION #1 88763 $163.36 UNLIMITED SUPPLIES INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 88764 $883.21 US WEST COMMUNICATIONS TELEPHONE PRESERVE PARK 88765 $86.13 WEEDMAN, NICOLE MILEAGE AND PARKING PROGRAM SUPERVISOR 88766 $45.00 WILMOTH, STEPHANIE LESSONS/CLASSES ICE ARENA 88767 $500.00 ZABEL, LYNDON OTHER CONTRACTED SERVICES STARING LAKE CONCERT 88768 $315.00 3CMA DUES & SUBSCRIPTIONS IN SERVICE TRAINING 88769 $32.00 AJITAPRASAD, BEENA LESSONS/CLASSES FITNESS CLASSES 88770 $184.50 APT, JOE INSTRUCTOR SERVICE SENIOR CENTER PROGRAM 88771 $21.00 BAKER, JACI LESSONS/CLASSES POOL LESSONS 88772 $42.50 BERGSTROM, JIM CLOTHING & UNIFORMS POLICE 88773 $750.00 CARLSON, PAUL SCHOOLS IN SERVICE TRAINING 88774 $13.00 DONOVAN, SUE LESSONS/CLASSES POOL LESSONS 88775 $56.98 DUPONT, BRENT CLOTHING & UNIFORMS POLICE 88776 $4.00 EASTON, SUSAN ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 88777 $744.71 GATEWAY CONSTRUCTION INC BLDG SURCHARGES BUILDING SURCHARGE 88778 $259.90 HARRIS, JEAN MILEAGE AND PARKING COUNCIL 88779 $45.58 HENNEPIN COUNTY TREASURER WASTE DISPOSAL PARK MAINTENANCE 88780 $431.00 HENNEPIN COUNTY TREASURER - AC BOARD OF PRISONERS SVC POLICE 88781 $391.26 HENNEPIN COUNTY WASTE DISPOSAL PARK MAINTENANCE 88782 $303.60 HOLIDAY INN HOTEL & SUITES SCHOOLS POLICE 88783 $100.00 IACP - MEMBERSHIP DUES & SUBSCRIPTIONS POLICE 88784 $32.50 JAROSCH, BECKY MILEAGE AND PARKING ADAPTIVE RECREATION 88785 $100.00 KOTTOM, SUE REFUNDS ENVIRONMENTAL EDUCATION 88786 $34.84 KRAEMERS HARDWARE INC OPERATING SUPPLIES-GENERAL SPECIAL EVENTS ADMINISTRATIVE 88787 ' $116.51 MANN, TRIA MILEAGE AND PARKING SPECIAL EVENTS ADMINISTRATIVE 88788 $953.20 VANSICKLE, PATTI SCHOOLS IN SERVICE TRAINING 88789 $143,334.48 MEDICA CHOICE COBRA COSTS/REV BENEFITS 88790 $24.02 MINNEGASCO GAS DOUGLAS/MORE HOUSE 88791 $30.00 MOELLER, SHERYL LESSONS/CLASSES POOL LESSONS 88792 $19.20 MUELLER, CYNTHIA PHOTO SUPPLIES AQUATICS & FITNESS SUPERV 88793 $25.00 NAPC DUES & SUBSCRIPTIONS HERITAGE PRESERVATION 88794 $125.00 OCEL, JIL OTHER CONTRACTED SERVICES OUTDOOR CTR PROGRAM 88795 $4,185.54 PRUDENTIAL INSURANCE CO OF AME LIFE EMPLOYERS SHARE BENEFITS 88796 $2,599.35 RELIASTAR LIFE INSURANCE CO DISABILITY IN EMPLOYERS FD 10 ORG 88797 $21.13 SYVERSON, JENNIFER MILEAGE AND PARKING ADAPTIVE RECREATION 88798 $53.04 TEKIELA, STAN REC EQUIP & SUPPLIES OUTDOOR CTR PROGRAM 1 COUNCIL CHECK REGISTER 14-JUL-2000 (09: CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 88799 $3,000.00 UNITED STATES POSTAL SERVICE POSTAGE GENERAL 88800 $350.00 UNIVERSITY OF MINNESOTA CONFERENCE IN SERVICE TRAINING 88801 $350.46 US WEST COMMUNICATIONS TELEPHONE FIRE 88802 $181.89 WASTE MANAGEMENT-SAVAGE MN WASTE DISPOSAL MAINTENANCE BUILDING 88803 $225.00 WILDER, LOIS INSTRUCTOR SERVICE SENIOR CENTER PROGRAM 88804 $101.47 WILSON, KELLY REC EQUIP & SUPPLIES SUMMER SKILL DEVELOP 88805 $311.15 ALL SAINTS BRANDS DISTRIBUTING MISC TAXABLE PRAIRE VIEW LIQUOR #3 88806 $112.95 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES LIQUOR STORE CUB FOODS 88807 $1,802.36 BELLBOY CORPORATION MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 88809 $718.75 DAHLHEIMER DISTRIBUTING COMPAN BEER 6/12 LIQUOR STORE CUB FOODS 88810 $8,024.75 DAY DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 88811 $4,953.56 EAGLE WINE COMPANY WINE DOMESTIC LIQUOR STORE CUB FOODS 88813 $21,728.47 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRE VIEW LIQUOR #3 88814 $1,047.00 GRAPE BEGINNINGS WINE DOMESTIC PRAIRE VIEW LIQUOR #3 88815 $9,537.55 GRIGGS COOPER & CO WINE DOMESTIC LIQUOR STORE CUB FOODS 88817 $10,348.35 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 88820 $1,637.62 LAKE REGION VENDING MISC TAXABLE LIQUOR STORE CUB FOODS 88821 $16,001.49 MARK VII BEER 6/12 PRAIRE VIEW LIQUOR #3 88823 $1,029.92 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE LIQUOR STORE CUB FOODS 88824 $570.30 NORTH STAR ICE MISC TAXABLE LIQUOR STORE CUB FOODS 88825 $4,554.56 PAUSTIS & SONS COMPANY WINE IMPORTED LIQUOR STORE CUB FOODS 88827 $64.16 PEPSI COLA COMPANY MISC TAXABLE PRAIRE VIEW LIQUOR #3 88828 $13,163.19 PHILLIPS WINE AND SPIRITS INC MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 88831 $963.21 PINNACLE DISTRIBUTING OPERATING SUPPLIES-GENERAL LIQUOR STORE CUB FOODS 88832 $2,074.32 PRIOR WINE COMPANY WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 88834 $21,869.30 QUALITY WINE & SPIRTS CO WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 88839 $14,778.55 THORPE DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 88840 $812.14 WINE COMPANY, THE WINE IMPORTED LIQUOR STORE CUB FOODS 88841 $1,679.51 WINE MERCHANTS INC WINE IMPORTED LIQUOR STORE CUB FOODS 88842 $17.83 ANDERSEN, LAURA OPERATING SUPPLIES-GENERAL PRESCHOOL PLAYGROUND 88843 $18.70 ARVOLD, KATIE OPERATING SUPPLIES-GENERAL PRESCHOOL PLAYGROUND 88844 $138.45 ASTRO JUMP OPERATING SUPPLIES-GENERAL AFTERNOON PLAYGROUND 88845 $27.95 BRENCKMAN, SARAH MILEAGE AND PARKING OAK POINT LESSONS 88846 $2,219.59 CEMSTONE REPAIR & MAINT SUPPLIES STORM DRAINAGE 88847 $38.30 DUNSMORE, WES OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 88848 $227.00 EDEN PRAIRIE BOY SCOUT TROOP 4 OPERATING SUPPLIES-GENERAL JULY 4TH CELEBRATION 88849 $969.00 EDEN PRAIRIE GIRL SCOUT TROOP OPERATING SUPPLIES-GENERAL JULY 4TH CELEBRATION 88850 $2,978.40 ELAN FINANCIAL SERVICES TRAVEL COUNCIL 88851 $46.85 EXISDANZ ALL STARS OPERATING SUPPLIES-GENERAL JULY 4TH CELEBRATION 88852 $169.98 FREY, LYNDELL MILEAGE AND PARKING COMMUNITY CENTER ADMIN 88853 $1,500.00 GOODPOINTE TECHNOLOGY CORPORAT CONTRACTED REPAIR & MAINT INFORMATION SYSTEM 88854 $340.84 HENNEPIN COUNTY I/T DEPT OTHER CONTRACTED SERVICES INFORMATION SYSTEM 88855 $15.00 JOHNSON, BARBARA ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL PLAYGROUND 88856 $35.00 KRYCH, KARRIE ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 88857 $15.96 LAMBERT, BOB OFFICE SUPPLIES PARK/REC ADMIN 88858 $46.69 LIMBERG, KRISTY OPERATING SUPPLIES-GENERAL SUMMER THEATRE 88859 $30.00 M SHANKEN COMMUNICATIONS INC MISC NON-TAXABLE LIQUOR STORE CUB FOODS 88860 $695.31 MINNESOTA VALLEY ELECTRIC COOP ELECTRIC RILEY LAKE 88861 $148.50 MISTY & FRIENDS OPERATING SUPPLIES-GENERAL JULY 4TH CELEBRATION 88862 $100.00 MPSA CONFERENCE IN SERVICE TRAINING 88863 $168.00 MUELLER, CYNTHIA MILEAGE AND PARKING RILEY LAKE-BEACH 88864 $22.00 PLANTE, SHAWN OTHER CONTRACTED SERVICES WATER SYSTEM MAINTENANCE 88865 $4,253.66 QUALITY WINE & SPIRTS CO MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 88866 $400.00 RAMSEY COUNTY SHERIFF'S DEPT. DEPOSITS ESCROW 88867 $500.00 RATEIKE, MARILYN JANE OTHER CONTRACTED SERVICES ART & MUSIC COUNCIL CHECK REGISma 14-UuL-2000 (09: CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 88868 $10.76 SCHMIDTLEIN, KATE OPERATING SUPPLIES-GENERAL PRESCHOOL PLAYGROUND 88869 $60.00 SHIBUYA, KOJI ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS 88870 $82.13 ST. JAMES HOTEL TRAVEL IN SERVICE TRAINING 88871 $16.06 STAR TRIBUNE MISC NON-TAXABLE PRAIRE VIEW LIQUOR #3 88872 $82.00 STEWART, FAITH SPECIAL COMMUNITY EVENTS ADAPTIVE RECREATION 88873 $42.90 TROUP, JENNA MILEAGE AND PARKING TEEN WORK PROGRAM 88874 $25.00 UHL, DAVID ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON PLAYGROUND 88875 $48.00 URNES, RONDA ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL PLAYGROUND 88876 $182.63 WASTE MANAGEMENT-SAVAGE MN WASTE DISPOSAL PRAIRIE VILLAGE LIQUOR #1 88877 $4.00 WOODWARD, JULIE ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL PLAYGROUND 88878 $175.00 CARDARELLE, DAWN OTHER CONTRACTED SERVICES ACCESSIBILITY 88879 $250.00 CERCHIA, JERRY OTHER CONTRACTED SERVICES ART & MUSIC 88880 $4.00 DILLER, ALLAN ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 88881 $408.43 DUBOIS,JANET INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM 88882 . $208.60 FREY, LYNDELL TRAVEL COMMUNITY CENTER ADMIN 88883 $96.77 MENARDS REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 88884 $190.62 MERLINS ACE HARDWARE REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 88885 $100.00 NELSON, CARRIE STARING LAKE BUILDING RENTAL PARK FACILITIES 88886 $75.00 OTTERNESS, RON INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM 88887 $10,774.80 SOUTHWEST METRO TRANSIT DEPOSITS ESCROW 88888 $3,600.88 US WEST COMMUNICATIONS TELEPHONE PRAIRE VIEW LIQUOR #3 88891 $208.50 VALLEY PLUMBING BLDG SURCHARGES PLUMBING SURCHARGE 88892 $14.63 WERTS, SANDY MILEAGE AND PARKING REC SUPERVISOR 88893 $86.45 WRIGHT, IRENE MILEAGE AND PARKING COMMUNITY DEVELOPMENT 88894 $177.15 ACE ICE COMPANY MISC TAXABLE PRAIRE VIEW LIQUOR #3 88895 $519.00 ALL SAINTS BRANDS DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 88896 $39.59 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES LIQUOR STORE CUB FOODS 88897 $1,775.24 BELLBOY CORPORATION MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 88899 $688.80 DAHLHEIMER DISTRIBUTING COMPAN BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 88900 $5,494.10 DAY DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 88901 $1,042.14 EAGLE WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 88902 $16,755.60 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRE VIEW LIQUOR #3 88903 $396.75 GETTMAN COMPANY MISC TAXABLE LIQUOR STORE CUB FOODS 88904 $432.00 GRAPE BEGINNINGS WINE IMPORTED LIQUOR STORE CUB FOODS 88905 $8,620.03 GRIGGS COOPER & CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 88907 $20,901.31 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 88911 $1,751.80 LAKE REGION VENDING TOBACCO PRODUCTS LIQUOR STORE CUB FOODS 88912 $3,707.27 MARK VII BEER 6/12 PRAIRE VIEW LIQUOR #3 88913 $391.50 NORTH STAR ICE MISC TAXABLE LIQUOR STORE CUB FOODS 88914 $1,070.95 PAUSTIS & SONS COMPANY WINE IMPORTED PRAIRE VIEW LIQUOR #3 88915 $18,268.98 PHILLIPS WINE AND SPIRITS INC WINE IMPORTED PRAIRE VIEW LIQUOR #3 88918 $537.74 PINNACLE DISTRIBUTING MISC TAXABLE PRAIRE VIEW LIQUOR #3 88919 $1,757.16 PRIOR WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 88920 $2,431.74 QUALITY WINE & SPIRTS CO MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 88921 $12,911.60 THORPE DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 88922 $511.40 WINE COMPANY, THE WINE IMPORTED LIQUOR STORE CUB FOODS 88923 $225.00 ALAN SHILEPSKY CONSULTING INC OTHER CONTRACTED SERVICES EQUIPMENT MAINTENANCE 88924 $5,561.17 CB RICHARD ELLIS UTILITIES PRAIRIE VILLAGE LIQUOR #1 88925 $15,093.56 COLUMBINE TOWNHOMES INTEREST SUBSIDY COLUMBINE RD TIF PROJECT 88926 $1,251.25 CONVERGENT COMMUNICATIONS INC. TELEPHONE GENERAL 88927 $2,516.25 E.P.F.S. OPERATING SUPPLIES-GENERAL SUMMER SAFETY CAMP 88928 $36,498.12 ELIM MANAGEMENT SERVICE INTEREST SUBSIDY TIF PV & ELIM 88929 $234.28 GE CAPITAL RENTALS GENERAL 88930 $49.40 HOEN, COREY MILEAGE AND PARKING ATHLETIC COORDINATOR 88931 $50.00 HUBER, TERESA LESSONS/CLASSES POOL LESSONS (3 COUNCIL CHECK REGISTER 14-JUL-2000 (09: CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 88932 $32.00 HUMBERT, GAIL LESSONS/CLASSES OAK POINT LESSONS 88933 $46.16 JASMINE Z. KELLER GARNISHMENT WITHHELD FD 10 ORG 88934 $6.00 JOHNSTON, LYLE SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 88935 $4.00 KAARE, SHARON LESSONS/CLASSES POOL LESSONS 88936 $64.00 KEIVES, CYNTHIA LESSONS/CLASSES OAK POINT LESSONS 88937 $60.00 KEPPENMAN, SHEILA LESSONS/CLASSES POOL LESSONS 88938 $144.95 KRESS, CARLA MILEAGE AND PARKING ADAPTIVE RECREATION 88939 $676.68 LANZI, BOB • MILEAGE AND PARKING ATHLETIC COORDINATOR 88940 $1,500.00 LEAGUE OF MINNESOTA CITIES INS WORKMANS COMP INS IN SERVICE TRAINING 88941 $88.71 MCCULLOUGH, RICK ACCTS REC-CUSTOMER WATER DEPT 88942 $1,399.39 MINN CHILD SUPPORT PAYMENT CTR GARNISHMENT WITHHELD FD 10 ORG 88943 $16,403.44 MINNESOTA STATE TREASURER BLDG SURCHARGES BUILDING SURCHARGE 88944 $460.00 MRPA SPECIAL EVENTS FEES SOFTBALL 88945 $8.41 MUELLER, CYNTHIA PHOTO SUPPLIES AQUATICS & FITNESS SUPERV 88946 $1,500.72 NILSSON, BETH INSTRUCTOR SERVICE ICE ARENA 88947 $39.00 OMELIANCHUK, JOYCE SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 88948 $56,981.14 PUBLIC EMPLOYEES RETIREMENT PERA WITHHELD FD 10 ORG 88949 $50.78 PUBLIC EMPLOYEES RETIREMENT AS PERA WITHHELD FD 10 ORG 88950 $395.00 SIERRA DIGITAL INC. REC EQUIP & SUPPLIES ATHLETIC COORDINATOR 88951 $56,826.77 THEIS & TALLE MANAGEMENT INC INTEREST SUBSIDY TIF PV & ELIM 88952 $63.65 TROUP, JENNA OPERATING SUPPLIES-GENERAL TEEN WORK PROGRAM 88953 $429.73 US WEST COMMUNICATIONS TELEPHONE GENERAL • 88954 $29.00 WELLS, HELEN LESSONS/CLASSES POOL LESSONS 88955 $6.38 A TO Z RENTAL CENTER OPERATING SUPPLIES-GENERAL FIRE 88956 $45.56 AAA LAMBERTS LANDSCAPE PRODUCT LANDSCAPE MTLS & AG SUPPL WATER SYSTEM MAINTENANCE 88957 $523.00 ABSOLUTE RAIN INC. CONTRACTED BLDG REPAIRS EP CITY CTR OPERATING COSTS 88958 $2,650.00 ACME WINDOW CLEANING INC. CONTRACTED BLDG MAINT MAINTENANCE BUILDING 88959 $127.00 ADVANTAGE FIRST AID AND SAFETY REC EQUIP & SUPPLIES SPRING SKILL DEVELOP 88960 $575.22 ADVERTISING INCENTIVES CLOTHING & UNIFORMS PRAIRE VIEW LIQUOR #3 88961 $11.75 ALEXANDER HAMILTON INSTITUTE DUES & SUBSCRIPTIONS WATER UTILITY-GENERAL 88962 $76.68 ALTERNATIVE BUSINESS FURNITURE REPAIR & MAINT SUPPLIES POLICE-CITY CENTER 88963 $79.88 AMERICAN RED CROSS OPERATING. SUPPLIES-GENERAL POOL LESSONS 88964 $66.75 AMERICAN WATER WORKS ASSOCIATI TRAINING SUPPLIES WATER UTILITY-GENERAL 88965 $10,393.34 ANCHOR PRINTING COMPANY PRINTING WATER UTILITY-GENERAL 88966 $735.00 ASPEN CARPET CLEANING CONTRACTED BLDG MAINT LIQUOR STORE CUB FOODS 88967 $1,235.89 ASPEN WASTE SYSTEMS INC. WASTE DISPOSAL FIRE STATION #3 88968 $598.69 AUTO ELECTRIC SPECIALISTS CONTRACTED REPAIR & MAINT . EQUIPMENT MAINTENANCE 88969 $330.00 BANNERS TO BULLSEYES INC ADVERTISING JULY 4TH CELEBRATION 88970 $885.00 BARTZ, GERALD OTHER CONTRACTED SERVICES SOFTBALL 88971 $296.35 BAUER BUILT TIRE AND BATTERY CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 88972 $2,219.64 BECKER ARENA PRODUCTS INC REPAIR & MAINT SUPPLIES ICE ARENA 88973 $749.76 BENIEK, BRIAN GROUNDS MAINTENANCE FIRE STATION #2 88974 $5,710.24 BIFFS INC WASTE DISPOSAL PARK MAINTENANCE 88977 $1,100.00 BIG LAKE CONSTRUCTION CONTRACTED BLDG REPAIRS WATER UTILITY-GENERAL 88978 $166.85 BLOOMINGTON LOCK AND SAFE* CONTRACTED BLDG REPAIRS FIRE STATION #2 88979 $39.25 BONK, DYLAN OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 88980 $278.50 BRION, ED OTHER CONTRACTED SERVICES SOFTBALL 88981 $128.15 BROADWAY PARTY RENTAL EQUIPMENT RENTAL JULY 4TH CELEBRATION 88982 $750.00 BROWN, PAUL OTHER CONTRACTED SERVICES PARK FACILITIES 88983 $101.56 BRYAN ROCK PRODUCTS INC GRAVEL WATER SYSTEM MAINTENANCE 88984 $2,369.50 BUCK, NATHAN OTHER CONTRACTED SERVICES SOFTBALL 88985 $171.25 BURGER KING MISCELLANEOUS FIRE 88986 $1,736.00 CDW GOVERNMENT INC. COMPUTERS INFORMATION SYSTEM 88987 $2,146.81 CENTRAIRE INC CONTRACTED BLDG MAINT SENIOR CENTER 88988 $273.59 CHANHASSEN BUMPER TO BUMPER EQUIPMENT PARTS EQUIPMENT MAINTENANCE iy COUNCIL CHECK REGISTER 14-JUL-2000 (09: CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 88989 $25.38 CHRISTIANSON, ELLEN R. OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 88990 $846.68 CLAREYS INC SAFETY SUPPLIES SEWER SYSTEM MAINTENANCE 88991 $145.00 CLARKLIFT OF MINNESOTA INC OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 88992 $2,684.07 CLEAN SWEEP INC ASPHALT OVERLAY STREET MAINTENANCE 88993 $1,250.00 CO-SOURCE PROFESSIONAL SERVICES IN SERVICE TRAINING 88994 $38.88 CODY, MATTHEW OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 88995 $114.89 COMMERCIAL POOL AND SPA SAFETY SUPPLIES POOL OPERATIONS 88996 $883.50 CONSTRUCTION BULLETIN LEGAL NOTICES PUBLISHING GENERATORS-WELL 2,9,11,13 88997 $715.85 CONVERGENT COMMUNICATIONS INC. TELEPHONE GENERAL 88998 $219.50 COOKE CUSTOM SEWING OTHER EQUIPMENT OUTDOOR CTR PROGRAM 88999 $623.65 CORPORATE EXPRESS OFFICE SUPPLIES POLICE 89000 $38.01 CUB FOODS EDEN PRAIRIE OPERATING SUPPLIES-GENERAL FIRE 89001 $3,376.38 CUMMINS NORTH CENTRAL INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 89002 $9,786.88 CUTLER-MAGNER COMPANY CHEMICALS WATER TREATMENT PLANT 89003 $164.50 CY'S UNIFORMS CLOTHING & UNIFORMS POLICE 89004 $633.00 DALCO ROOFING & SHEET METAL IN CONTRACTED BLDG REPAIRS FIRE STATION #2 89005 $700:77 DALCO CLEANING SUPPLIES EPCC MAINTENANCE 89006 $287.55 DALE GREEN COMPANY, THE REPAIR & MAINT SUPPLIES STORM DRAINAGE 89007 $38.07 DANKO EMERGENCY EQUIPMENT CO OPERATING SUPPLIES-GENERAL FIRE 89008 $277.43 DECORATIVE DESIGNS INC OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 89009 $312.00 DESAULNIERS, DAN OTHER CONTRACTED SERVICES SOFTBALL 89010 $10,916.25 DEZURIK EQUIPMENT PARTS WATER TREATMENT PLANT 89011 $491.62 DISCOUNT SCHOOL SUPPLY REC EQUIP & SUPPLIES SUMMER SKILL DEVELOP 89012 $140.34 DMX/MINNEAPOLIS OTHER CONTRACTED SERVICES PRAIRIE VILLAGE LIQUOR #1 89013 $127.67 DRISKILLS NEW MARKET CLEANING SUPPLIES GENERAL BUILDING FACILITIES 89014 $14,835.45 DRT TRANSPORT OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 89015 $1,177.74 EARL F ANDERSEN INC BUILDING MATERIALS PRESERVE PARK 89016 $445.85 ECOLAB INC CONTRACTED BLDG MAINT FIRE STATION #2 89017 $335.00 EDINA, CITY OF CONST TESTING-SOIL BORING WATER SYSTEM SAMPLE 89018 $506.06 EF JOHNSON CONTRACTED REPAIR & MAINT WIRELESS COMMUNICATION 89019 $6,600.00 EGAN-MCKAY ELECTRICAL CONTRACT CONTRACTED REPAIR & MAINT TRAFFIC SIGNALS 89020 $1,157.25 EMI REPAIR & MAINT SUPPLIES ICE ARENA 89021 $2,255.67 EMS EQUIPMENT PARTS WATER TREATMENT PLANT 89022 $3,493.20 ESS BROTHERS & SONS INC* REPAIR & MAINT SUPPLIES STORM DRAINAGE 89023 $501.73 FACILITY SYSTEMS INC FURNITURE & FIXTURES FURNITURE ACCOUNT 89024 $1,205.00 FINLEY BROS INC OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 89025 $31.96 FINNEGAN, ELLEN OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 89026 $889.84 FORESTRY SUPPLIERS INC. OPERATING SUPPLIES-GENERAL TREE DISEASE 89027 $412.41 G & K SERVICES DIRECT PURCHASE CLOTHING & UNIFORMS GENERAL BUILDING FACILITIES 89028 $627.05 G & K SERVICES-MPLS INDUSTRIAL CLEANING SUPPLIES WATER TREATMENT PLANT 89029 $109.42 GAMETIME REPAIR & MAINT SUPPLIES PARK MAINTENANCE 89030 $219.18 GENERAL REPAIR SERVICE EQUIPMENT PARTS WATER TREATMENT PLANT 89031 $384.95 GENUINE PARTS COMPANY EQUIPMENT PARTS EQUIPMENT MAINTENANCE 89032 $21.88 GIFFIN, BRANDON OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 89033 $70.17 GINA MARIAS INC MISCELLANEOUS FIRE 89034 $57.75 GROMOV, TIMOTHY OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 89035 $407.37 GROVE NURSERY CENTER LANDSCAPE MTLS & AG SUPPL TREE DISEASE 89036 $7.50 HALLS, KELLY OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 89037 $7,653.00 HAMLINE UNIVERSITY OTHER CONTRACTED SERVICES ENVIRONMENTAL EDUCATION 89038 $2,495.00 HAWKINS WATER TREATMENT GROUP CHEMICALS WATER TREATMENT PLANT 89039 $39.00 HEALY, STEVE OTHER CONTRACTED SERVICES SOFTBALL 89040 $44.63 HEASER, BRITTANY OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 89041 $54.38 HEATON, CHELSEA OTHER CONTRACI'r.'L SERVICES TEEN WORK PROGRAM 89042 $150.00 HEAVENLY HAM SPECIAL EVENTS FEES SENIOR CENTER PROGRAM 89043 $372.00 HENNEPIN COUNTY TREASURER-TAXP POSTAGE ELECTION '5 COUNCIL CHECK REGISTER 14-JUL-2000 (09: CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 89044 $301.12 HERC U LIFT EQUIPMENT PARTS EQUIPMENT MAINTENANCE 89045 $702.00 HIGLEY, STEVE OTHER CONTRACTED SERVICES SOFTBALL 89046 $253.50 HOEN, COREY OTHER CONTRACTED SERVICES SOFTBALL 89047 $390.00 HOLMES, JOHN CARTER OTHER CONTRACTED SERVICES SOFTBALL 89048 $429.00 HOLMES, TOM OTHER CONTRACTED SERVICES SOFTBALL 89049 $120.00 HONEYELL INC. CONTRACTED BLDG REPAIRS SENIOR CENTER 89050 $159.75 EDEN PRAIRIE SCHOOL DISTRICT N BLDG RENTAL SUMMER THEATRE 89051 $2,080.32 INNOVATIVE GRAPHICS CLOTHING & UNIFORMS POOL OPERATIONS 89052 $742.61 INNOVATIVE LANDSCAPE SUPPLY IN LANDSCAPE MTLS & AG SUPPL WATER TREATMENT PLANT 89053 $3,469.30 INTERNATIONAL SUNPRINTS INC CLOTHING & UNIFORMS YOUTH ATHLETICS 89054 $100.00 IPMA DUES & SUBSCRIPTIONS IN SERVICE TRAINING 89055 $29.00 ITS A KEEPER EMPLOYEE AWARD HUMAN RESOURCES 89056 $1,662.92 JANEX INC CLEANING SUPPLIES GENERAL BUILDING FACILITIES 89057 $51.25 JUSTIC, COLE- OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 89058 $16,392.25 KEYS WELL DRILLING COMPANY IMPROVEMENT CONTRACTS WELL 14 89059 $183.74 KINKOS INC OPERATING SUPPLIES-GENERAL WATER SYSTEM MAINTENANCE 89060 $8.50 KRAEMERS HARDWARE INC SMALL TOOLS GENERAL BUILDING FACILITIES 89061 $283.36 LAKE COUNTRY DOOR CONTRACTED BLDG REPAIRS FIRE STATION #2 89062 $548.10 LAKELAND FORD TRUCK SALES EQUIPMENT PARTS EQUIPMENT MAINTENANCE 89063 $414.50 LAND'S END CORPORATE SALES CLOTHING & UNIFORMS POLICE 89064 $224.84 LANO EQUIPMENT INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 89065 $105.47 LESCO INC OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 89066 $1,340.02 LIFE SAFETY SYSTEMS CONTRACTED BLDG MAINT FIRE STATION #1 89067 $469.40 LIONS TAP MISCELLANEOUS FIRE 89068 $39,029.63 LOGIS LOGIS SERVICE SEWER ACCOUNT 89069 $167.74 LUBRICATION TECHNOLOGIES INC LUBRICANTS & ADDITIVES EQUIPMENT MAINTENANCE 89070 $1,460.48 M & E ENGINEERING PROFESSIONAL SERVICES EP CITY CTR OPERATING COSTS 89071 $126.00 MACDONALD PLUMBING CO REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 89072 $769.42 MACQUEEN EQUIPMENT INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 89073 $429.00 MAETZOLD, MATTHEW LES OTHER CONTRACTED SERVICES SOFTBALL 89074 $313.11 MASTER CRAFT LABELS INC FIRE PREVENTION SUPPLIES FIRE 89075 $855.20 MAXI-PRINT INC 'PRINTING POLICE 89076 $300.00 MAXIMUM SOLUTIONS INC OPERATING SUPPLIES-GENERAL ICE ARENA 89077 $50.88 MCGLYNN BAKERIES OPERATING SUPPLIES-GENERAL OAK POINT LESSONS 89078 $625.00 MEALS ON WHEELS PROFESSIONAL SERVICES HOUSING, TRANS, & SOC SVC 89079 $1,352.13 MENARDS BUILDING MATERIALS ROUND LK PARK K17 89080 $12,443.50 METRO CONCRETE RAISING INC MUDJACKING CURBS DRAINAGE 89081 $35.00 METRO LEGAL SERVICES INC PROFESSIONAL SERVICES 1999 REHAB 89082 $1,060.00 METROPOLITAN AREA PROMOTIONS C ADVERTISING COMMUNITY SERVICES 89083 $182,584.00 METROPOLITAN COUNCIL ENVIRONME WASTE DISPOSAL SEWER UTILITY-GENERAL 89084 $163.03 METROPOLITAN FORD EQUIPMENT PARTS EQUIPMENT MAINTENANCE 89085 $1,014.00 MICHELAN, JOHN OTHER CONTRACTED SERVICES SOFTBALL 89086 $5,359.06 MIDWEST ASPHALT CORPORATION GRAVEL STREET MAINTENANCE 89087 $3,271.50 MIDWEST PLAYSCAPES LANDSCAPE MTLS & AG SUPPL PARK MAINTENANCE 89088 $216.20 MINN BLUE DIGITAL OPERATING SUPPLIES-GENERAL ENGINEERING DEPT 89089 $935.67 MINNESOTA CONWAY CONTRACTED REPAIR & MAINT FIRE 89090 $468.79 MINNESOTA VALVE & FITTING CO. REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 89091 $644.44 MINNESOTA VIKINGS FOOD SERVICE MISCELLANEOUS GENERAL BUILDING FACILITIES 89092 $11.87 MIRACLE RECREATION REPAIR & MAINT SUPPLIES HOMEWARD HILLS PARK 89093 $62.75 MORAN, RYAN OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 89094 $370.94 MTI DISTRIBUTING CO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 89095 $1,028.04 MUNICILITE EQUIPMENT PARTS EQUIPMENT MAINTENANCE 89096 $42.00 MUSTON, JAMES OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 89097 $302.90 NATIONAL BUSINESS FURNITURE FURNITURE & FIXTURES WATER TREATMENT PLANT 89098 $160.00 NATIONAL RECREATION AND PARKA DUES & SUBSCRIPTIONS IN SERVICE TRAINING /( COUNCIL CHECK REGISJ. K 14-JUL-2000 (09: CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 89099 $294.89 NEWLINE PUBLISHING OPERATING SUPPLIES-GENERAL WATER UTILITY-GENERAL 89100 $119.15 NORTHERN TOOL & EQUIPMENT CO. EQUIPMENT PARTS EQUIPMENT MAINTENANCE 89101 $170.40 NORTHERN WATER WORKS SUPPLY IN EQUIPMENT PARTS SEWER SYSTEM MAINTENANCE 89102 $331.94 NORTHLAND BUSINESS SYSTEMS OFFICE SUPPLIES GENERAL 89103 $75.00 NRPA PUBLICATIONS CENTER OPERATING SUPPLIES-GENERAL PARKS & REC MONTH 89104 $226.12 OLSEN CHAIN & CABLE CO INC SMALL TOOLS WATER SYSTEM MAINTENANCE 89105 $1,495.26 OUTDOOR ENVIRONMENTS INC CONTRACTED REPAIR & MAINT PARK MAINTENANCE 89106 $159.97 THE ICE MAN/CO2 SERVICES CHEMICALS POOL MAINTENANCE 89107 $8.82 PAPER WAREHOUSE OFFICE SUPPLIES POLICE 89108 $214.70 PEPSI COLA COMPANY MERCHANDISE FOR RESALE CONCESSIONS 89109 $351.18 PERSONNEL DECISIONS INTL TRAINING SUPPLIES HUMAN RESOURCES 89110 $1,800.00 PLEHAL BLACKTOPPING INC CONTRACTED REPAIR & MAINT WATER SYSTEM MAINTENANCE 89111 $20,291.80 PRAIRIE ELECTRIC COMPANY EQUIPMENT PARTS WATER TREATMENT PLANT 89112 $89.48 PRAIRIE LAWN AND GARDEN REPAIR & MAINT SUPPLIES STORM DRAINAGE 89113 $627.01 PRAIRIE OFFSET PRINTING PRINTING SENIOR CENTER PROGRAM 89114 $1,698.56 PRECISION PAVEMENT MARKING CONTRACTED STRIPING TRAFFIC SIGNS 89115 $312.00 PRESTON, ROGER OTHER CONTRACTED SERVICES SOFTBALL 89116 $346.98 PROTECTION ONE OTHER CONTRACTED SERVICES PRAIRIE VILLAGE LIQUOR #1 89117 $69.00 QELLO CLINIC LTD PERSONNEL TESTING FIRE 89118 $410.00 QUALITY DRYWALL INC. CONTRACTED BLDG REPAIRS EP CITY CTR OPERATING COSTS 89119 $19.60 QUICKSILVER EXPRESS COURIER POSTAGE GENERAL 89120 $61.97 RAINBOW FOODS - CHARGES OPERATING SUPPLIES-GENERAL POOL SPECIAL EVENTS 89121 $884.25 RAY, LEE OTHER CONTRACTED SERVICES SOFTBALL 89122 $23.43 REAL GEM EMPLOYEE AWARD HUMAN RESOURCES 89123 $362.78 REBS MARKETING OTHER CONTRACTED SERVICES WATER ACCOUNTING 89124 $3,977.70 RMR SERVICES INC OTHER CONTRACTED SERVICES WATER METER READING 89125 $108.80 ROADRUNNER TRANSPORTATION INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 89126 $45.18 ROSENWINKEL, WILL OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 89127 $275.46 SALLY DISTRIBUTORS OPERATING SUPPLIES-GENERAL JULY 4TH CELEBRATION 89128 $182.91 SANCO CLEANING SUPPLIES CLEANING SUPPLIES WATER TREATMENT PLANT 89129 $51.00 SARLES, DAN OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 89130 $312.00 SCHMIDT, KURT OTHER CONTRACTED SERVICES SOFTBALL 89131 $675.00 SCHROEDER, PETE OTHER CONTRACTED SERVICES SPRING SKILL DEVELOP 89132 $315.00 SERCO LABORATORIES OTHER CONTRACTED SERVICES WATER UTILITY-GENERAL 89133 $127.50 SETON NAME PLATE COMPANY SAFETY SUPPLIES GENERAL 89134 $71.90 SHEA, CHRIS OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 89135 $1,749.80 SHORT ELLIOT HENDRICKSON INC DESIGN & CONST WM STREET,HIGHVIEW DRIVE & LAK 89136 $129.87 SHRED-IT WASTE DISPOSAL EP CITY CTR OPERATING COSTS 89137 $100.00• SIMPLEX TIME RECORDER CO REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 89138 $251.84 SNAP-ON INDUSTRIAL SMALL TOOLS EQUIPMENT MAINTENANCE 89139 $152.44 SNAP-ON TOOLS SMALL TOOLS WATER TREATMENT PLANT 89140 $1,753.04 SNELL MECHANICAL INC REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 89141 $1,862.97 HOPKINS, CITY OF DUES & SUBSCRIPTIONS COUNCIL 89142 $3,633.61 SOUTHWEST SUBURBAN PUBLISHING- ADVERTISING PRAIRIE VILLAGE LIQUOR #1 89143 $18.75 SPIEGLE, SARAH OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 89144 $650.00 SPORTSIGN OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 89145 $7.43 SPS COMPANIES EQUIPMENT PARTS EQUIPMENT MAINTENANCE 89146 $37.93 STAT-MEDICAL INC. SAFETY SUPPLIES RISK MANAGEMENT 89147 $1,199.84 STREICHERS CLOTHING & UNIFORMS POLICE 89148 $39.56 SUBURBAN PROPANE CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 89149 $150.92 SUBURBAN TIRE & AUTO SERVICE I TIRES EQUIPMENT MAINTENANCE 89150 $4,585.89 SUMMIT ENVIROSOLUTIONS OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 89151 $125.00 SWEDLUNDS WASTE DISPOSAL OUTDOOR CENTER-STARING LAKE 89152 $12,907.95 SYSTECH SERVICES COMPUTERS INFORMATION SYSTEM 89153 $547.39 TARGET OTHER EQUIPMENT RECREATION ADMIN 11 COUNCIL CHECK REGISTF 14-JUL-2000 (09: CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 89154 $19.69 TAYLOR, SEAN OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 89155 $534.07 TIERNEY BROS INC OPERATING SUPPLIES-GENERAL TRAFFIC SIGNALS 89156 $31.13 TORKELSON, JEANETTE OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 89157 $87.75 TOTAL REGISTER OPERATING SUPPLIES-GENERAL PRAIRE VIEW LIQUOR #3 89158 $177.64 TRUGREEN CHEMLAWN MTKA GROUNDS MAINTENANCE FIRE STATION #3 89159 $28.80 TWIN CITY OXYGEN CO REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 89160 $1,354.74 UNIFORMS UNLIMITED CLOTHING & UNIFORMS POLICE 89161 $424.03 UNLIMITED SUPPLIES INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 89162 $245.45 US FILTER PERRIN PRODUCTS INC EQUIPMENT PARTS WATER TREATMENT PLANT 89163 $3,142.78 US FILTER/WATERPRO EQUIPMENT PARTS WATER METER REPAIR 89164 $445.22 US OFFICE PRODUCTS OFFICE SUPPLIES WATER UTILITY-GENERAL 89165 $39,132.86 VALLEY PAVING INC ASPHALT OVERLAY STREET MAINTENANCE 89166 $4,116.04 VERNCO MAINTENANCE INC CONTRACTED REPAIR & MAINT WATER UTILITY-GENERAL 89167 $138.42 VESSCO INC EQUIPMENT PARTS WATER TREATMENT,PLANT 89168 $138.45 VIKING TROPHIES OPERATING SUPPLIES-GENERAL POOL SPECIAL EVENTS 89169 $337.18 VOIGTS BUS COMPANIES TRANSPORTATION ADULT PROGRAM 89170 $61.91 VOSS LIGHTING REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 89171 $46.13 VWR SCIENTIFIC PRODUCTS OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 89172 $2,280.42 W W GRAINGER REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 89173 $1,113.80 WATER SPECIALITY OF MN INC CHEMICALS POOL MAINTENANCE 89174 $1,263.64 WATSON CO INC, THE MERCHANDISE FOR RESALE CONCESSIONS 89175 $150.00 WBCS PRINTING HERITAGE PRESERVATION 89176 $270.00 WESTERN WATERPROOFING COMPANY CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT 89177 $62.48 WIKLUND, KELLY OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 89178 $63.20 WIVELL, JONATHAN OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 89179 $913.83 WM MUELLER AND SONS INC PATCHING ASPHALT STREET MAINTENANCE 89180 $145.56 WOLF CAMERA INC PHOTO SUPPLIES ASSESSING-ADMIN 89181 $772.58 YALE INCORPORATED CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT 89182 $164.36 ZEE MEDICAL SERVICE SAFETY SUPPLIES POOL OPERATIONS 89183 $149.63 ZEP MANUFACTURING CO LUBRICANTS & ADDITIVES EQUIPMENT MAINTENANCE 89184 $117.00 ZOELLNER, MARK OTHER CONTRACTED SERVICES SOFTBALL $2,178,737.71* • 1T COUNCIL CHECK SUMMARY 14-JUL-2000 (09:10) DIVISION TOTAL CUSTOMER SERVICE $5.20 TECHNOLOGY $322.12 WIRELESS COMMUNICATION $101.72 INSPECTIONS $0.70 ASSESSING $4.87 POLICE $450.47 PARK MAINTENANCE $94.43 FLEET SERVICES $484.21 COMMUNITY CENTER $2,747.00 HISTORICAL $3.90 YOUTH RECREATION $1.22 ADAPTIVE REC -$22.75 OAK POINT POOL $255.13 PARK FACILITIES $254.52 EMPLOYEE PAYROLL DEDUCTIONS $350,824.21 PRAIRIE VILLAGE LIQUOR STORE $22,152.68 PRAIRIEVIEW LIQUOR STORE $22,721.38 DEN ROAD LIQUOR STORE $49,274.25 WATER DEPT $874.17 SEWER DEPT $15.47 $450,564.90* l6f COUNCIL CHECK REGISTER 14-JUL-2000 (09 • CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 352 $130,261-23 NORWEST BANKS MINNESOTA N A FEDERAL TAXES W/H FD 10 ORG 353 $65,060-99 NORWEST BANKS MINNESOTA N A EMPLOYEES SS & MEDICARE FD 10 ORG 354 $65,060.99 NORWEST BANKS MINNESOTA N A EMPLOYERS SS & MEDICARE FD 10 ORG 355 $49,863.15 MINNESOTA DEPT OF REVENUE PERA LIFE INSURANCE FD 10 ORG 356 $27,963.08 ORCHARD TRUST CO AS TRUSTEE/CU DEFERRED COMP FD 10 ORG 357 $12,581.46 ICMA RETIREMENT TRUST-457 DEFERRED COMP FD 10 ORG 358 $295.00 MINNESOTA DEPT OF REVENUE MOTOR FUELS EQUIPMENT MAINTENANCE 359 $99,479.00 MINNESOTA DEPT OF REVENUE SALES TAX PAYABLE FD 10 ORG $450,564.90* CITY COUNCIL AGENDA DATE: July 18,2000 SECTION: PETITIONS REQUESTS AND COMMUNICATIONS SERVICE AREA/DIVISION: ITEM DESCRIPTION: Police ITEM NO.: Jim Clark,Director of Public Appeal of Board of Adjustments and Appeals Safety Services Decision on Variance Request 2000-07,&Building Jean Johnson,Zoning Adm. Official's Order for removal/relocation of gazebo Requested Action Affirm the denial action of the Board of Adjustments and Appeals based upon the Findings contained in the Board of Adjustments and Appeals motion made on June 8, 2000 regarding the variances. Affirm the action of the Board of Adjustments and Appeals regarding upholding the Building Official's Order regarding removal/relocation of the gazebo. Synopsis On June 8, 2000 the Board of Adjustments and Appeals heard Mr. Bergeland's request for shoreland setback variances, approval to alter the non-conforming house structure,permission to allow repair,remodeling and improvements to the existing non-conforming house and gazebo, and an appeal of the Building Official's Order for removal or relocation of the non- conforming gazebo. The Board denied the variance requests and upheld the Building Official's Order. Background Information Mr. Bergeland purchased Lot 2 of Bryant Lake Heights from Mr.&Mrs.Perkins. Instead of removing the non-conforming structures on the lot and constructing a conforming structure, Mr. Bergeland is requesting repair,remodeling and improvements to the house and gazebo. The Board reviewed the material submitted by Mr. Bergeland and believed the extent of repairs and improvements would exceed routine maintenance and repair allowed by code, and such work would be contrary to the code's intent of limiting non-conforming structures. Attachments Memorandum by David Hellmuth, legal counsel for Bergeland,received July 7, 2000 June 14th& 8th,&July 6,2000 letters from David Hellmuth for Bergeland June 8, 2000 Unapproved Minutes of the Board of Adjustments and Appeals June 8,2000 Staff Report on Variance 2000-07 May 12,2000 Letter from Jean Johnson, Zoning Adm., to Mr. Bergeland Mr.Bergeland's Submission Materials Memo from City Inspector Kevin Schmieg dated July 14, 2000 Memo from City Attorneys Roger Pauly and Richard Rosow dated July 14,2000 • L j tt 1 .l ii y r� s:.��.1L•�i i ! -oo JJ MEMORANDUM OF LAW IN SUPPORT OF BERGELAND FAMILY'S ALTERNATIVELY PROPOSED REPAIRS TO THEIR 7012 WILLOW CREEK ROAD HOME BRIEF FACTS On September 29, 1999, the Bergeland Family purchased the property identified as Lot 2, Block 1, Bryant Lake Heights, commonly known as 7012 Willow Creek Road in the City of Eden Prairie ("Property") from James and Raynelle Perkins. The structures on the Property are approximately twenty-five (25) years old. The prior owners of the property failed to properly repair and maintain the structures on the Property. In fact,the original roof,windows, and siding remain on the Property's house. The prior owners never properly installed any gutters or downspouts on the house, and the eves that were constructed lacked a sufficient overhang to allow proper water runoff. Consequently, the Bergelands found numerous leaks throughout the house, believed to be caused by a faulty roof and windows. In addition, the leaking windows have incurred wood rot and water has seeped into the exterior walls of the home, including electrical sockets contained therein. Also, their gazebo has been bending and leaning due to originally defective construction and has been deteriorating due to weather and age. Concerned with the gazebo's condition, the Bergelands provided routine repairs to the gazebo to ensure the long-term integrity of this structure in the Spring of 2000 without changing its size, shape, or location. Note, however, the completed repair work is reversible and the gazebo can be returned to its original warped and leaning condition. On or about May 18, 2000, the City's Building Inspections Division determined that the repair of the gazebo was unlawful because it "replaced key structural components and added] structural components" which "altered and reconstructed the building." The Manager of Inspections also determined that it would be impossible to return the gazebo to its "original condition" and ordered that the Bergelands take the drastic measure of removing the valuable structure. After seeing the longstanding need for the routine maintenance and repair of their home to correct for the accumulating damage from leakage and poor prior care of their home, the Bergeland Family submitted proposals to the City of Eden Prairie to permit the needed repairs. Recently, on June 8, 2000, the City of Eden Prairie Board of Adjustments and Appeals heard the Petition of Nathan Bergeland for the granting of variances allowing certain repairs and maintenance to the Property, including the following needed repairs: 1. Altering the house structure by removing a one-story portion of the house and constructing in its place a two-story addition; 2. Electrical installations; 3. Replacement of roof and insulation; 4. Interior installation and construction, new fixtures, doors, windows, cabinets, flooring, and appliances; 5. Replacement of siding; and 6. Repairs made to the gazebo without changing the footprint or basic design of the structure.• In its Findings and Order dated June 8, 2000, the Board of Adjustments and Appeals from the City of Eden Prairie denied all of the Bergeland Family's requests detailed in Variance Request No.: 2000-07, affirmed the decision of the Building Official, and found the following: 1. The alterations proposed for the house and gazebo structures were significant and exceeded routine maintenance and repair allowed by the City Code for non- conforming uses. 13 2. There are no circumstances unique to the Property that justified granting the Variances and thereby altering the previously approved plan. 3. There has been no showing of "undue hardship" as defined in the Eden Prairie City Code, Section 11.75, Subd. 1. 4. The Property can be put to a reasonable use if used in conformance with the City Code. 5. The Property owner purchased the property with knowledge of its physical condition. 6. At the time the property owner purchased the Property, it was a non-conforming use under the City Code. 7. The variances requested are significant and do not meet the spirit and intent of the City Code, which contemplates the eventual elimination of non-conforming structures. 8. The variances requested do not adhere to Section 11.50 of the Eden Prairie City Code providing for Shoreland regulation, which contains required structure setbacks from a lake's Ordinary High Water Mark. The Bergeland Family is appealing the above-referenced Order. However, in the event that the pending appeal is unsuccessful, the Bergeland Family offers a less comprehensive, alternative proposal simply for repair work and maintenance to be performed on their Property. • Instead of enlarging their home by adding a second story on current one-story portions of the home to increase the slope of the roof, the Bergelands are seeking to solely repair their roof by necessarily replacing the home's roof, along with the also dilapidated windows and siding, and authorization for the repairs performed on their deteriorating, warped and leaning gazebo. In addition, the Bergelands continue to desire to make improvements on the interior of their home, which do not appear to be an issue with the City, as improvements on the inside of the house would in no way enlarge on their non-conforming home structure. ISSUES 1. Does the above-referenced work for the Bergelands' alternate proposal fall within the exception for the requirement of variances pursuant to Section 11.75 of the Eden Prairie City Code? Yes, the work to be completed is routine maintenance and repair. 2. If variances are required for above-stated work, and the requisite variances were denied, would the Bergeland Family suffer undue hardship pursuant to Section 11.76 of the Eden Prairie City Code? Yes 3. Are the variances requested by the Bergeland Family within the spirit and intent of the City Code Section 11.75, Subd. 1? Yes. LEGAL ANALYSIS 1. The work requested by the Bergeland Family concerning their non- conforming home in their revised, alternate proposal fits within the exception to the requirement of a variance pursuant to Section 11.75 of the Eden Prairie City Code because • the work is routine maintenance and repair as stated in Subdivision 2 of said Section. The Bergeland Family is seeking authorization to repair and maintain its approximately twenty-five (25) year old home by replacing the home's dilapidated roof, windows, and siding, and authorization for the necessary replacement of the deteriorating and unstable components of their gazebo without changing its location. As the reasonable life expectancy for those portions of the structures has long expired, resulting in significant leakage and damaged appearance, the repair of those portions and their materials through replacement, are reasonably construed as necessary, routine repair and maintenance. Therefore, the repairs and maintenance would not require the granting of a variance by the City. Section 11.75 of the Eden Prairie City Code 4-� concerns non-conforming structures, such as the Bergelands' Property, and provides the following: "Subd. 1. Purposes. This Section is intended to limit the number and extent of non-conforming uses by prohibiting their enlargement, their re-establishment after abandonment, and the alteration of restoration after destruction of structures they occupy. Eventually, certain classes of non-conforming uses, non-conforming structures of nominal value, and certain non-conforming signs are to be eliminated or altered to conform. Subd 2. Continuation and Maintenance. C. Routine maintenance and repairs may be performed on a structure or site the use of which is non-conforming and on a non-conforming structure." (emphasis added) Zoning Ordinances must be construed according to their plain and ordinary meaning County of Lake v. Courtney, 451 N.W.2d 338, 340 (Minn. Ct. App. 1990). Moreover, the zoning ordinances must be construed strictly against the City and in favor of the property owner. Id. In the present case, maintaining one's leaking roof, windows, dilapidated siding, and unstable supports by replacing said materials after twenty-five (25) years, is routine, and considered maintenance and repair. Webster's Dictionary provides that the definition of "maintenance" is "the work of keeping something in suitable condition," defines "repair" as "to restore to sound condition after damage or injury" and "to renew or refresh," and defines "routine" as "a prescribed and detailed course of action to be followed regularly: standard procedure." Webster's II New Riverside University Dictionary, 717, 996, 1022 (1988). Replacing one's roof, windows, siding, and unstable, warped and leaning gazebo components after twenty-five years is routine maintenance and repairs by plain and ordinary meaning, and under the Eden Prairie City Code. The City could have narrowed the exception within Section 11.75 Subd. 2(C) of the Code by adding to the language "routine maintenance and repairs" specific examples, limiting dollar amounts, or even providing that the maintenance and repairs were"non-structural."See e.g., Stotts v. Wright County,478 N.W.2d 802 (Minn. Ct. App. 1991) (exhibiting Wright County's Zoning Ordinance which provided for only"non-structural repairs" on a non-conforming structure). Nevertheless, the City chose to allow for general routine maintenance and repairs to be performed on non-conforming structures, such as the Bergeland Family's home and gazebo, instead of specifically limiting repairs to non-structural repairs. As the City Code's language must be strictly construed against the City and in favor of the property owner, routine maintenance and repairs as stated in the Code should include routine replacement of out-dated, defective and dilapidated roofs, windows, siding and gazebo components. It is routine and ordinary for every homeowner to have to replace these materials over time. Such replacement is standard procedure for homeowners and is required as routine maintenance and repair of any Eden Prairie home to keep those homes in suitable,safe condition. Moreover, the Bergeland Family's desired repairs would not enlarge their structures, as they are seeking only to replace the existing materials with new materials,rather than altering the physical design and structure of the subject portions of their home and gazebo. In good faith, the Bergelands have submitted an alternative proposal which removes their request to increase the height of the home's roofline by adding an additional story to the current one-story portion of the home. Although the original proposal is being appealed, the alternative proposal should be allowed under Minnesota law. This case is now distinguishable from the facts in County of Lake ' 1 v. Courtney, 451 N.W.2d 338 (Minn. Ct. App. 1990). In that case, the owner of a non- conforming cabin structure removed most of the walls and roof of the structure, and started building a new structure on the existing foundation pillars and timbers prior to obtaining ..-- approval from the County. That county's ordinance allowed for any "non-structural" repairs made to non-conforming structures. The County denied the cabin owner's Variance Application because the roofline of the owner's new structure was six (6) feet higher than the previous structure, which was a vertical enlargement of the non-conformity and prohibited by the ordinance against enlarging or increasing non-conforming structures. Id. at 341-342. Under the alternative proposal, the Bergeland Family is not seeking to materially increase the size, vertical or otherwise, of their non-conforming structures. The Bergelands are only seeking to preserve their home and gazebo by keeping them in a suitable, safe condition. They are not seeking to construct additional rooms or levels to their home or gazebo. Consequently, because the Bergelands are only seeking to maintain or repair their home and gazebo, without the intent of enlarging their structures, the Bergelands should not need a variance from the City for performing the requested repairs and maintenance, according to the plain and ordinary meaning of Section 11.75 of the Eden Prairie City Code. 2. If the Bergelands are required to obtain a variance prior to commencing the work stated in their alternate proposal, because it does not meet the exception within Section 11.75 of the Code, a variance should be granted pursuant to Section 11.76 of the Code because the Bergeland Family would suffer an undue hardship if a Variance was denied. - Section 11.76, Subdivision 1 of the Eden Prairie City Code allows for the granting of variances in cases of undue hardship. That Subdivision provides that an undue hardship occurs 7/O when the property at issue cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance if granted, would not alter the essential character of the locality. Aesthetic and functional considerations alone can support a determination that the strict enforcement of a setback requirement is unreasonable and that the denial of an area variance would cause undue hardship. Rowel v. Board of Adjustment of the City of Moorhead, 446 N.W.2d 917, 922 (Minn. Ct. App. 1989). Further, the requirement that the property cannot be put to a reasonable use without the variance does not mean that a property owner must show the land cannot be put to any reasonable use without the variance. Id. In the present case, absent a variance allowing the necessary repairs to correct the leaking roof, windows, dilapidated siding and gazebo, the Bergeland Family will not be able to put their home to a reasonable use as defined by the Code. It is unreasonable for the family to suffer water damage to their home with present and potential wood rot and mold growth, because official controls disallow that family to appropriately repair the damaged structures of their • home. The Bergelands should be able to make their gazebo safer by strengthening its defective, deteriorating supports and components. It is reasonable for a family to want their home's appearance to be consistent with the rest of the neighborhood, having a respectable, sound-structural appearance. Moreover, such an appearance benefits the entire neighborhood and larger community. A home is not put to reasonable use when the home consistently leaks, especially where small children are involved, as are the Bergelands' children, ages 7 and 9. The unfortunate conditions involving the Bergeland Family's home and gazebo are unique to the Property because the prior homeowners of twenty-five years, the Perkins, failed to provide necessary repairs and maintenance to the home and gazebo prior to the Bergelands taking possession. Further, they improperly built the gazebo originally. A simple,visual inspection of the Bergelands' home will reveal this fact. The circumstances causing the Bergelands undue hardship were not created by them. Actual or constructive knowledge of an applicable zoning restriction or violation before purchasing property does not mean that the hardship resulting from the restriction is self-created. See, Myron v. City of Plymouth, 562 N.W.2d 21, 23 (Minn. Ct. App. 1997). This knowledge of a zoning ordinance violation before purchasing property cannot be a bar to the granting of a variance. Id. The purpose of this rule is to promote the general property law goal to preserve alienability of property. Id. Consistent therewith, prior knowledge of poor conditions of a home's structure should not bar the granting of a variance. Moreover, because the home and gazebo already exists, any replacement of existing structures would not alter the character of the locality. See, Rowel v. Board of Adjustment of the City of Moorhead, 446 N.W.2d 917, 922 (Minn. Ct. App. 1989). Therefore, if necessary, the City should grant the Bergeland Family the requested variances because the failure to do so would cause the Family undue hardship. 2. The Variances requested by the Bergeland Family are within the spirit and intent of the City Code. In its Order dated June 8, 2000, the City's Board of Adjustments and Appeals found that the variances requested by the Bergelands did not meet the spirit and intent of the City Code, "which contemplates the eventual elimination of non-conforming structures." The Board's citing of the City Code is incorrect. Section 11.75, Subdivision 1 of the City Code provides that "[e]ventually, certain classes of non-conforming uses, non-conforming structures of nominal value, and certain non-conforming signs are to be eliminated or altered to conform. (emphasis added). Section 11.75 of the Code does not provide that all non-conforming structures should be eventually eliminated as the Board seems to imply. Instead, pursuant to the exact language of the Code, only non-conforming structures of nominal value are to be eventually eliminated. It should be clear among the parties hereto, that the Bergeland Family's home and gazebo are not structures of nominal value. The property is located in an attractive location on Bryant Lake and was purchased for$640,000.00. The minor repairs contemplated herein will preserve and protect the property without any structural alteration. Therefore, such a finding that the Bergelands' Property is to be eliminated, is without merit. This is especially true when considering that the Code must be interpreted according to the plain and ordinary meaning of the Code's language, and the fact that the Ordinance must be construed strictly against the City and in favor of the property owner. County of Lake v. Courtney,451 N.W.2d 338,340 (Minn. Ct. App. 1990). CONCLUSION The Bergeland Family has purchased a home in the Eden Prairie Community. Unfortunately, that home is currently a non-conforming structure. Further, and more importantly, the home and gazebo are.in a somewhat dilapidated condition, not created by the Bergelands. The Bergelands, in good faith, are attempting to work with the City to obtain authorization to perform necessary and reasonable work on their property, which any other member of the Community would require and demand under the plain and ordinary meaning of the City Code. The Bergelands wish to provide routine maintenance and repairs on their home and gazebo by necessarily replacing their worn-out roof, windows, siding and deteriorating, unstable supports and components. Although the Bergelands are appealing the Board decision denying their variance request, they seek clarification and have submitted an alternative proposal requesting permission for routine maintenance and repairs. In such alternative proposal, the �.e� tt Bergelands are in no way seeking to materially enlarge their non-conforming structures or alter the essential character of their locality. Moreover, if the City precludes the Bergelands from performing these necessary repairs, the Bergeland Family will suffer undue hardship. The City .:-- should now consent to the Bergeland Family's alternative proposal to perform the above-stated repairs to their home, authorize the necessary repairs made to their gazebo and reverse the Division's Order to remove this valuable part of the Bergeland Family's home. HELLMUTH&JOHNSON, P.A. Dated: • , 2000. 7 David G. Hellmuth, ID#229131 Brian H. Liebo, ID#227654 Attorneys for Nathan D. Bergeland and Family 10400 Viking Drive, Suite 560 Eden Prairie,MN 55344 Telephone: (952) 941-4005 s:BergelandNathan\RealEstateMatter\MemorandumofLaw HELLMUTH &JOHNSON, P.A. ATTORNEYS AT LAW CHAD A.JOHNSON* ! TELEPHONE DAVID G.HELLMUTHt �r '+ (952) 941-4005 BLAKE R.NELSON* { WILLIAM G. BELL • NANCY POLOMIS `'t FACSIMILE T. 1,." GERALD O.WILLIAMS,JR. \' .,:.;` (952) 941-2337 JOHN K. ROSSMAN THOMAS M.JOHNSTON JOHN A.MARKVE' E-MAIL BRIAN H.LIEBO info@hjlawfirm.com July 6, 2000 Mr. Richard F.Rosow,Esq. Lang, Pauly, Gregerson &Rosow,Ltd. U.S. Bank Place 1600 Park Building 650 Third Avenue South Minneapolis,MN 55402-4337 Ms. Jean Johnson Zoning Administrator City of Eden Prairie City Center 8080 Mitchell Road Eden Prairie,MN 55344 Re: Bergeland Family Residence at 7012 Willow Creek Road,Eden Prairie,MN Alternate Proposal for Variances and/or Allowance of Proposed Routine Maintenance and Repair of Homestead Our File No.: 6306004 Dear Mr. Rosow and Ms. Johnson: This letter follows the City of Eden Prairie Board of Adjustment and Appeal's Findings and Order dated June 8, 2000. This letter also follows our discussions and your agreement to accept an alternative proposal for consideration by the City of Eden Prairie. It is unfortunate that the Board failed to accommodate the Bergeland Family's Variance Request for their maintenance and repair proposals. 10400 VIKING DRIVE, SUITE 560 • EDEN PRAIRIE, MINNESOTA 55344 `Real Property Law Specialist. Certified by the Real Property Law Section of the Minnesota State Bar Association Alsoadmitted nt''X'isez'isnr and'Gthfonu.r ' Mr.Richard F.Rosow,Esq. Lang,Pauly, Gregerson&Rosow,Ltd. July 6,2000 Page 2 The Bergelands continue to desire to work with the City in obtaining authorization to maintain and repair their home and gazebo. Although the Bergelands continue to seek acceptance of their original proposal, they would like the City to consider (as an alternative proposal) simply allowing them to maintain and repair their home as outlined herein. The Bergelands hereby submit this alternative proposal for consideration with respect to basic maintenance and repair issues. Without waiving their right to appeal the Board's decisions concerning their prior proposals, the Bergelands wish to obtain authorization from the City to perform the following work at this time, which meets the requirement of Section 11.75 of the Eden Prairie Ordinance, as the work now being proposed herein is routine maintenance and repair, and will not enlarge the subject property's structures. Besides performing interior remodeling of their home, which should not be an issue, the Bergelands seek authorization for the performance of the following routine maintenance and repairs on the exterior of their property's damaged structures: 1. Repair home's leaking roof by necessarily replacing said roof, without materially changing the size or shape of the current roof design. In other words, the Bergelands will not rebuild the roof, by altering its vertical slope and height, as originally proposed; 2. Repair, by necessarily replacing original, worn-out, rotting windows of home; 3. Repair, by necessarily replacing original, worn-out siding; and 4. Repair warped and leaning gazebo without changing its size, shape or location. As you and the City must agree, the above-stated repairs are routine. Further, these repairs are not intended by the Bergelands to enlarge their structures, but instead are sought only to maintain their home and gazebo for purposes of ensuring that they have a reasonably safe, livable and comfortable home, instead of leaking, dilapidated buildings. The Bergelands are offering this proposal in good faith, and not for purposes of vexing the City and local community. They are only seeking what any other reasonable resident of the City would insist for their own home. It is therefore requested, that you advise your client of these facts, and the Bergelands' continued efforts to potentially resolve this matter by further toning down their maintenance and repair proposals. Also, please find enclosed for your review and consideration a Memorandum of Law in Support of the Bergelands' position on the alternative proposal. Although the Bergelands continue to desire to proceed as originally planned (and are appealing the Board decision), we ask that the City consider and allow this alternative request to clarify the Bergelands rights in their property. I hope that the City will now amicably work to grant the above requests in this new, scaled-down, alternative proposal. As you know, an appeal of the earlier proposal is pending. In such appeal, we are seeking approval of the original proposed plans as well as the reversal of the Eden Prairie Building Inspections Division's improper Order for the removal of the Bergeland Family's highly valued gazebo. . Mr.Richard F.Rosow,Esq. Lang,Pauly, Gregerson&Rosow,Ltd. July 6,2000 Page 3 If you have any questions or comments regarding this matter, please do not hesitate to contact my associate Brian Liebo or me. Very truly yours, LMUTH&JOHNSON, P.A. id G. Hellmuth Attorney at Law DGH\asg Enclosures cc: Mr. Nathan Bergeland Brian H. Liebo,Esq. s:Bergeland\RealEstateMatter\AttyRosow3Ltr • • 15 HELL OHNSON Mt1TH St J , P.A. ATTORNEYS AT LAW CHAD A.JOHNSON* TELEPHONE DAVID G.HELLMUCHt BLAKE R.NELSON* .I•.:• (952)941-4005 William G.BELL • •'` hI art" h`NANC�T.BISHOP .�ct-t FACSIMILE om '/ GERALD O.WILLIAMS,JR. »\`` {!! (952)941-2337 JOHN K.ROSSMAN THOMAS M.JOHNSTON JOHN A.MARKVE s E-MAIL BRIAN H.LIEBO info@hjlawfirm.com June 14, 2000 • Ms. Jean Johnson VIA FACSIMILE•AND Zoning Administrator • ORIGINAL BY U.S.MAIL City of Eden Prairie • City Center 8080 Mitchell Road _ Eden Prairie, MN 55344 Mr. Chris Enger, City Manager VIA FACSIMILE AND City of Eden Prairie ORIGINAL BY U.S. MAIL 8080 Mitchell Road Eden Prairie,MN 55344 Re: Variance Request No. 2000-07 Our Client: Nathan D. Bergeland Our File No.: 6306004 • Dear Ms. Johnson and Mr. Enger: This letter follows the above-referenced Variance Request hearing held on June 8, 2000. This letter is written to confirm that my client.hereby elects.to appeal.the decision of the Board of Adjustments and Appeals of the City of Eden Prairie. On behalf of Mr. Bergeland, I submit this letter as my client's notice of appeal and request for hearing before the City Council of the City of Eden Prairie. As I understand it, the hearing date concerning this appeal will be set at the City Council's June 20, 2000 meeting. It is my understanding that the appeal will be heard before the City Council on July 18, 2000. Based on my discussion with Jean Johnson and Richard Rosow, my client has asked me to submit a scaled-down alternative proposal allowing him to simply replace his roof, siding and the windows within the home. It is our position that these items constitute normal maintenance and repair on any home and fall within the maintenance and repair exception to the City's Code. • 10400 VIKING DRIVE, SUITE 560 • EDEN PRAIRIE, MINNESOTA 55344 *Real Property Law Specialist,Certified by the Real Property Law Section of the Minnesota State Bar Association "- Also admitted in'\\!s onsin.atttl'Calif ruin ' - Mr.Jean Johnson Zoning Administrator Mr. Chris Enger, City Manager City of Eden Prairie June 14, 2000 Page 2 Based on my discussions with Mr. Rosow, the City will agree to consider the alternative proposal. With respect to the alternative proposal, I will be submitting further materials and information to the City and Mr. Rosow. For purposes of clarification, this letter is intended to constitute notice of the appeal of the denial of my client's Variance Request and the denial of the reconsideration of the order requiring my client to remove the existing gazebo. Please place this matter on the June 20, 2000 agenda for scheduling on July 18, 2000. For your information, I will be submitting further materials with respect to this matter within the next couple weeks. If you should have any questions or concerns regarding this notice of appeal,please do not hesitate to call me. Very truly yours, LLMUTH &JOHNSON,P.A. • David G. Hellmuth Attorney at Law DGH\asg Enclosures cc: Mr. Richard F. Rosow,Esq. (by facsimile only) Mr. Nathan D. Bergeland(by facsimile only) s:BergelandNathan\RealEstateMatter\NoticeofAppeal - 11 - .. . --� HELLMUTH &JOHNSON, P.A. ATTORNEYS AT LAW CHAD A.JOHNSON* TELEPHONE DAVID G.HELLMUTH+ `.c (952) 941-4005 BLAKE R.NELSON* }i �' WILLIAM G.BELL ` �'y '1 a FACSIMILE T.NANCY BISHOP �1°` r jj' (952) 941-2337 JOHN K.ROSSMAN THOMAS M.JOHNSTON JOHN A.MARKVE f E-MAIL BRIAN H.LIEBO info@hjlawfirm.com June 8, 2000 Mr. Cliff Dunham Mr. Michael O'Leary City of Eden Prairie City of Eden Prairie Board of Adjustments &Appeals Board of Adjustments &Appeals City Council Chambers City Council Chambers 8080 Mitchell Road .8080 Mitchell Road Eden Prairie,MN 55344 Eden Prairie,MN 55344 Mr. Louis Giglio Ms.Mary Vasaly City of Eden Prairie City of Eden Prairie Board of Adjustments &Appeals Board of Adjustments &Appeals City Council Chambers City Council Chambers 8080 Mitchell Road 8080 Mitchell Road Eden Prairie, MN 55344 Eden Prairie, MN 55344 Mr. William Ford Ms. Jean Johnson City of Eden Prairie Zoning Administrator Board of Adjustments &Appeals City of Eden Prairie Council Chambers Board of Adjustments &Appeals 8080 Mitchell Road Council Chambers Eden Prairie,MN 55344 8080 Mitchell Road Eden Prairie,MN 55344 Ismail Ismail • City of Eden Prairie Board of Adjustments &Appeals • City Council Chambers 8080 Mitchell Road Eden Prairie,MN 55344 Re: Variance Request Number 2000-07 Our File No.: 6306004 Dear Board of Appeals Members and City Staff: Mr. Bergeland has asked me to assist him with the presentation of his Variance Application Request concerning his existing house and gazebo. As I am sure-you are-aware, I 10400 VIKING DRIVE,SUITE 560 • EDEN PRAIRIE, MINNESOTA SS344 Real Property Law Specialist,Certified by the Real Property Law Section of the Minnesota State liar Association r1L isrdggttr.lm'\Vneonsin and'Califnniia Qr / -i" Mr. cliff-Dunham a Mr. Louis Giglio -7 Mr.William Ford ie Ismail Ismail ` Mr.Michael O'Leary Ms.Mary Vasaly Ms. Jean Johnson,Zoning Administrator - Board of Adjustments &Appeals June 8, 2000 - Page 2 have discussed this matter at length with the City Attorney, Richard F. Rosow. I am also providing a copy of this letter to Mr. Rosow for his files. Mr. Bergeland has forwarded a copy of the Agenda and Staff Report to me for review in connection with this matter. On behalf of Mr. Bergeland, I have prepared a brief Outline for purposes of providing further information in response to Action I,paragraph 3 of the Board of Appeals Staff Report in this matter. Under the foregoing heading, the Staff Report indicates that the Board of Appeals could deny the Variance request based on findings numbered 3. a. through 3. h. Attached is an outline discussing each of the potential findings contained under the heading Action 1. 3. Based on my review of this matter, including a "review of the Eden Prairie City Code and a site visit conducted with Mr. Bergeland, I believe that findings as described in Action 1. 3. would be unjustified for the reasons contained on the attached Outline prepared specifically in relation to the issues at hand. In summary, I believe that the requested action documented in Mr. Bergeland's Variance Application Request essentially falls within the exclusion contained in Section 11.75, Subdivision 2. c. of the Eden Prairie City Code. In addition to the enclosed Outline, Mr. Bergeland will be bringing a substantial number of color pictures with him to present to the Board at tonight's meeting. Mr. Bergeland has also asked me to attend the meeting with him to assist with his presentation and address any questions of the City's Board of Adjustments &Appeals. I apologize for the delay in submitting the enclosed Outline to you. However, I just • received the Agenda and Staff Report on June 5, 2000. If you should have any questions or concerns regarding the enclosed Outline,please do not hesitate to call me. Very truly yours, • -.1) LMUTH&JOHNSON,P.A. 0.1r C_- vid G. Hellmuth Attorney at Law DGH\asg Enclosure cc: Richard F. Rosow, Esq. Mr.Nathan D. Bergeland s:BergelandNathanD\RealEstateMatterjBoardofAppealsur 19 Minutes Unapproved Board of Adjustments &Appeals All members present June 8,2000 III: VARIANCES A. Request#2000-06 by John and Roberta Cvetnic for 6955 Mariann Drive for approval to construct a third-stall garage 11.4 feet from the side lot line(Code requires a 15-foot minimum setback). John Cvetnic, 6955 Mariann Drive, appeared before the Board explaining that he is requesting approval of a variance to change the setback requirements on the south side of his lot from 15 feet to 11.4 feet to allow him to add a third stall to his double garage. Cvetnic presented photos of his house and the existing garage.He is proposing to add a 14-foot wide third stall for storage of his boat. He currently stores the boat on the apron near the street. Cvetnic pointed out that the 14-foot width is the minimum he could consider to accommodate either the boat/trailer or Chevy Suburban. Cvetnic said he has talked to his neighbors and has signatures from 14 neighbors supporting the request. Jean Johnson presented the staff reporting stating that the property is zoned R1-22 which requires a 15-foot minimum side yard setback. This home does have an existing 24' x 24' garage back 25.4 feet from the side lot line. The applicant is requesting a 14-foot wide addition for a third stall garage. The only option available to the applicant is to reduce the width of the addition. Johnson reported that notices were mailed to the surrounding property owners and the City did not receive any comments from those neighbors. In response to a question from Ford, Cvetnic explained that on his street there are approximately ten houses and of those two have three-stalled garages. Dunham opened the public hearing. Having no one appear,Dunham closed the public hearing. Giglio said he does support this request with the hardship being the topography of the land,which does not allow for an alternate location of this addition. Ismail said he concurs and stated that the backyard is rather steep. Motion/Second: Giglio/Ismail to approve Request#2000-06 with the stated hardship being the topography of the land,which does not allow the applicant an alternative location for the addition. The motion carried, 5-0. B. Request#2000-07 by Nathan D. Bergeland for 7012 Willow Creek Road to grant the following variances for the existing non-conforming house and gazebo: 1. Grant the following variances for the existing non conforming house and gazebo: a. A setback of 40 feet from the Ordinary High Water Mark of Bryant Lake for the house. b. A setback of 0 feet from the Ordinary High Water Mark of Bryant Lake for the gazebo. (Code required setback is 100 feet for structures). Minutes Board of Adjustments&Appeals June 8,2000 2. To alter the non conforming house structure by removing a one story portion of the house and constructing in its place a two story addition 60 feet from the Ordinary High Water Mark(required setback is 100 feet). Code allows only routine maintenance and repairs on non-conforming uses.) 3. To permit repair, remodeling and improvements to the existing non-conforming house and gazebo. The proposed work includes electrical installations, replacement of roofs and insulation, construction of a two story addition, and new fixtures, doors, windows, cabinets, flooring, stove&venting, gas fireplace, and siding. (City Code, Sec.11.75 NON-CONFORMING USES, STRUCTURES AND SIGNS. • Subd.l. Purposes. This Section is intended to limit the number and extent of non-conforming uses by prohibiting their enlargement, their re-establishment after abandonment, and the alteration of restoration after destruction of the structures they occupy. Eventually, certain classes of non-conforming structures of nominal value, and certain non-conforming signs are to be eliminated or altered to conform. Subd.2 Continuation and Maintenance. A. Except as otherwise provided in this Chapter, a use, lawfully occupying a structure or a site on the effective date of this Section or amendments thereto that does not conform with the use regulations or the site area per dwelling unit regulations for the district in which the use is located shall be deemed to be a non-conforming use and may be continued except as otherwise provided in this Section. B. Non-conforming uses must comply with all regulations for off-street parking and loading, screening, landscaping and performance standards. C. Routine maintenance and repairs may be performed on a structure or site the use of which is non-conforming and on a non-conforming structure.) 4. Appeal the order of the Building Inspector requiring the removal of the gazebo or the relocation of the gazebo to a location meeting setbacks. (Vasaly arrived during discussion of this item.) Nathan Bergeland,7012 Willow Creek Road, explained that he purchased the property with the understanding that he would remodel and improve the property. Bergeland stated that there is a lot of leaking of the roof occurring as well as problems with the integrity of the siding. Bergeland pointed out that he is not intending to change the plat,however,he is requesting to extend the structure upward to provide for a sloping roof. Bergeland said he is requesting to put on a new roof,new siding, as well as add some new windows to give the structure a more aesthetic flair.Bergeland said he would also like to put in a wooden floor in the dining room,new cabinets in the kitchen and to possibly open up the basement area.His main intent is to update the home. Minutes Board of Adjustments&Appeals June 8,2000 Bergeland said that regarding the Gazebo,he did do some repairs in order to maintain the integrity of the property.He explained that he was having a party and the Gazebo was not safe to use and he,therefore,braced up the building.He was not aware that a permit was necessary for the type of work he was doing. Again, Bergeland said he is not intending to change the structure of the Gazebo or to build outside of that structure but to maintain the integrity of it.He would like to put windows in instead of screens and to update the electricity. David Helimuth,Attorney for the applicant,distributed pictures of the subject property. He explained that Bergeland's primary goal is to maintain and repair the existing structures.The siding needs to be replaced as well as the windows which are poorly sealed and don't open. They are requesting clarification as to what the applicant can legally do under the exclusion of the Code in order to maintain the property. The roof could be replaced with a flat roof,however, a better solution would be to eliminate the existing deck area and to build up and make it a sloping roof that matches up with the normal roof of the structure.Hellmuth said he did review the Staff's report and has responded to that. He feels the basis for denying this request is not adequate. The primary issue with the denial is that 90%of what they are proposing is maintenance and repair which falls within the exclusions. They may go a little beyond that by correcting what could be a long-term problem. Ismail said he feels that removing a portion of the house and adding two rooms is beyond repair and maintenance.Bergeland responded that the only way to maintain the integrity of the structure would be to remove a portion of the house and build up to replace it.He would like to eliminate the roofing where the deck exists because they believe that wood is rotted. Bergeland estimated the exterior stucco work would be approximately$80,000, $30,000 for roof repairs,$30,000 for windows. Dunham inquired if the house had been thoroughly evaluated by a professional in order to identify building repairs needed beyond what is listed? Mr.Bergeland responded negative. In response to a question from Giglio,Bergeland explained that it is his intent to take care of the septic system should this request be approved. Vasaly asked if Bergeland was aware that the house and Gazebo were non-conforming when he purchased the property.Bergeland said he did not. In December a neighbor told him about the Developer's Agreement on the property. Vasaly asked if Bergeland has considered tearing down the existing structures and building a new home. Bergeland responded that he likes the existing structure and he anticipates the cost would be considerably more than what he is currently proposing to do to the existing structure(an estimated$200,000-$300,000 for repairs). It would also involve his having to find temporary housing while the existing home is tore down a2. Minutes Board of Adjustments &Appeals June 8,2000 and the new one is built.Hellmuth pointed out that the cost to build a new home would be substantial and would require substantial excavating to build a house similar to the size of the existing house. Vasaly said it appears to her that the applicant is proposing more replacement than repair of the house. Richard Rosow, City Attorney, explained that the Developer's Agreement does not play a role in this request. The request is because of the Shoreland Ordinance. The house and gazebo are non-conforming uses. The applicant is requesting a variance • to do maintenance and repair above and beyond ordinary maintenance and repair. Items beyond ordinary maintenance and repair require building permits. Rosow stated that should the Board approve the variances requested, they must determine hardship. Also, if the Board grants the variance it should be conditioned on the amendment of the Developer's Agreement. The Board must also decide if they will overrule the decision of the Building Official regarding the gazebo. It is impossible to put the gazebo back into the condition it was before the repairs were made. The alternatives are to remove it from the property or to move it back beyond the setbacks so it is a conforming structure. Giglio asked what routine maintenance and repairs include. Rosow responded that the Building Official would determine what is permitted. Kevin Schmieg, the City's Building Official, described the work that was done on the gazebo by Bergeland. Rosow explained that the Board is being asked to act on two separate matters. The first action is to act on the variance request and the second is to affirm or overrule the decision of the Building Official. Vasaly asked if the variances are approved would anyone else be allowed to build on the other lots. Rosow responded that future development could not occur unless the Development Agreement was changed. Jean Johnson presented the staff report reporting that the main issues are the setbacks from Bryant Lake. The applicant is also requesting to alter the non- conforming house, and a list of the repairs and improvements are included in the applicant's submission. The other requested action is on the Building Official's - order for the removal of the gazebo or relocation. Johnson reviewed the background of this request.Notices were mailed to surrounding property owners. Staff did not receive any written comments from neighbors. Dunham opened the public hearing. Sherry Adams, realtor with Edina Realty, explained that she represented Mr. Bergeland when he purchased this property. The gazebo added tremendous charm to the property. They were never informed that these structures were non- conforming and the Title Company did not disclose any such information.Adams pointed out that the applicant's total intent when he purchased the property was to remodel it. The seller was aware of this and agreed to provide him with the plans. Minutes Board of Adjustments &Appeals June 8,2000 Being no one else requesting to speak,Dunham closed the public hearing. Ford said he does not support the variances due to the list of repairs and improvements to the non-conforming structure,it is a significant amount of money. The intent of the ordinance is that non-conforming structures are not to be improved and he does not feel that the variances meet the intent of the Code.Ford said he does have a more difficult time in deciding how the gazebo should be handled.The applicant may have done more than ordinary maintenance to the gazebo, a hardship may be present. O'Leary said he feels Bergeland is being penalized because he purchased the property not knowing it was non-conforming.With regard to the changes to the gazebo, he only increased the structure integrity and O'Leary said he did not feel that Bergeland should have to tear it down or remove it. O'Leary stated that he feels the Code is too rigid. The reason for the extensive maintenance needed is because regular maintenance was not done. The applicant was not aware that he could not make the improvements he is proposing. O'Leary said he supports a major portion of the variances. He does not necessarily agree that the applicant should be able to build an additional bedroom but he should be able to replace siding and windows. Vasaly pointed out that the purpose of the Code is to eventually eliminate non- conforming uses. O'Leary said he feels it is an undue hardship to the applicant since he did not know the structures were non-conforming. Ismail said he has difficulty in accepting the premise that the applicant did not know that he could not make improvements to the property. Ismail indicated that he would not be able to support the variances being requested. Vasaly said that testimony presented this evening gives her the impression that this is not a house that can be fixed up with routine maintenance. The applicant himself has stated that it is difficult to call this situation a hardship. Vasaly said she could not support the variances requested. Dunham explained that he is not in favor of the variances requested for either the house or gazebo. The house is in need of major repairs. Dunham said he feels the applicant has made substantial changes to the gazebo. Board members discussed Action I, item 3.e., of the staff report regarding the applicant's knowledge of the property's condition at time of purchase. Clarification on the item was asked. Richard Rosow, City Attomey,responded reference is to the owner's knowledge of the property's physical condition. The consensus of the board members was to insert the word `physical' before the word condition in item(e). Motion/Second:Ford/Vasaly,to deny Variance Request#2000-07 based upon the following findings: ay Minutes Board of Adjustments &Appeals June 8,2000 (a) The alterations proposed for the house and gazebo are significant and exceed routine maintenance and repair allowed by City Code for non-conforming uses. (b) There are no circumstances unique to the property that justify granting the variances and thereby altering the previously approved plan. (c) There has been no showing of"Undue Hardship" as defined in the City Code, Section 11.76, Subdivision 1. (d) The property can be put to a reasonable use if used in conformance with the City Code. (e) The property owner purchased the property with knowledge of the physical condition. (f) At the time the property owner purchased the property it was a non- conforming use under the City Code. (g) The variances requested are significant and do not meet the spirit and intent of the City Code,which contemplates the eventual elimination of non- conforming structures. (h) The variances requested do not adhere to Section 11.50 of the City Code providing for shoreland regulation,which contains required structure setbacks from a lake's Ordinary High Water Mark. Motion/Second: Vasaly/Ismail,to affirm the decision of the Building Official regarding the gazebo. The motion carried, 4-2 with Ford and O'Leary voting nay. 11 NOTICE OF PUBLIC HEARING BOARD OF ADJUSTMENTS AND APPEALS MEETING Thursday , May 13, 1999 - 7:30 PM City Center - 8080 Mitchell Road • Eden Prairie, MN 55344 Variance: #99-08 ,.. Location: 7010, 7012 and 7014 Willow Creek Road Applicant: James Perkins NOTICE:You and your neighbors are invited to attend the public hearing about a variance being requested for a lot in your area. The land owner is requesting the following actions by the City: _Code Requirement Requested Variances Lot 1 Lot 2 Lot 3 5 acre without sewer and water 1.2 acres 1.18 acres .62 acres 300-foot lot width at building line 220 feet 170 feet 120 feet 150-foot lot width at OHW Meets req. Meets req. 145 feet 100-foot setback from OHW Meets req. 75 feet Meets req. 90-foot street frontage; 55 feet on cul-de-sac 25 feet 0 feet 45 feet Frontage on public street Meets req. 0 feet Meets req. Alteration or structure within 50 foot shore impact zone Grading Grading Grading QUESTIONS OR COMMENTS: If you wish to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you want to talk to someone about the proposed variance, please contact Jean Johnson, Planner, at 949-8490. If you choose to submit written comments, it is helpful to have one copy to the Community Development Department in advance of the meeting. Copies will be provided to the Board members in their packets. Notice of this public hearing has also been published in the EDEN PRAIRIE NEWS on April 29, 1999. "ag ATTACHMENT 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA VARIANCE REQUEST#99-08 • FINDINGS,CONCLUSIONS,AND ORDER FINDINGS 1. A request for Variance #99-08 was made in conjunction with a 1998 plat request ("Preliminary Plat") containing shoreland variances for property at 7010, 7012 and 7014 Willow Creek Road. 2. The Property was previously platted in 1989 into three(3) lots. 3. Exhibit A, attached hereto, identifies the variances requested. _ 4. The Preliminary Plat, a request to modify three existing lots into three differently configured lots, was considered by the Planning Commission at a public hearing on January 25, 1999. The Planning Commission, aware of the variances required under the City Code, recommended approval of the Preliminary Plat. 5. The Parks, Recreation and Natural Resources Commission, on February 1, 1999, aware of the variances required,under the City Code, recommended approval of the Preliminary Plat. 6. On March 2, 1999, the City Council approved the Preliminary Plat. 7. On May 13, 1999,the Board of Adjustments and Appeals denied the variances requested by the applicant. 8. The Preliminary Plat contains an improvement in the setback for Lot 1, which under the Preliminary Plat is 100 feet from the shoreland, whereas under the 1989 plat, it was 80 feet. 9. The Preliminary Plat contains an improvement in the setback for Lot 2, which under the Preliminary Plat is 75 feet from the shoreland, whereas under the 1989 plat, it was 40 feet. 10. Under the Preliminary Plat, the house pad on Lot 1 is moved 20 feet to the south to save vegetation next to the adjacent property. 11. The new drain fields provided for in the Preliminary Plat are further from the lake than under the 1989 plan. All three lots in the Preliminary Plat meet the 100 foot setback to the drain fields, whereas, only one of the lots met the requirement under the 1989 plan. 30 ATTACHMENT 2 1 12. Under the Preliminary Plat,two of the three lots meet the requirement of frontage on a public street, whereas, under the 1989 plan, only one of the lots met that requirement. 13. Under the Preliminary Plat, two of the three lots meet the 150 foot lot width at the ordinary high water mark and the third lot is 145 feet at the ordinary high water mark requiring a variance of five feet. Under the 1989 plat,two of the three lots also met the requirement,but the third lot was only 80 feet at the ordinary high water mark. 14. The proposed use of the property is residential,in keeping with the character of the area. The three lots in the Preliminary Plat will have as much or greater shoreland than homes in the surrounding area. 15. The property presents unique circumstances in that there is difficulty in creating house pads and lot lines because the property is located at the terminus of a cul-de-sac. 16. The property further presents unique circumstances in that it is characterized by a stand of trees and a grade change from 896 feet to 856 feet, representing a grade change of 44 feet. CONCLUSION 1. The use of the property as proposed in the Preliminary Plat is a reasonable use of the property. 2. There are unique circumstances that justify the granting of the variance. 3. The variances are in keeping with the spirit of the City Code and consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City of Eden Prairie. ORDER Based upon the foregoing findings and conclusions,the City Council hereby orders that the variances set forth in Variance Request #99-08 be granted and that the decision of the Board of Adjustments and Appeals is hereby reversed. EPWerkins\Findings-Approved 31 VARIANCE: #99-08 • APPLICANT: James Perkins LOCATION: 7010, 7012 and 7014 Willow Creek Road REQUEST: Code Requirement Requested Variances Lot 1 I..ot 2 Lot 3 5 acre without sewer and water 1.2 acres 1.18 acres .62 acres 300-foot lot width at building line 220 feet 170 feet 120 feet 150-foot Iot width at OHW Meets req. Meets req. 145 feet 100-foot setback from OHW Meets req. 75 feet Meets req. 90-foot street frontage;55 feet on cul-de-sac 25 feet 0 feet 45 feet Frontage on public street Meets req. 0 feet Meets req. • Alteration or structure within 50 foot shore impact zone Grading Grading Grading Exhibit A 31 , \ ---q, \ I f:! R F I 'v_,) \ k5 it[j - 0 0 . : i - 4 In I �= _JsE .J o • I I /c. 2' • Y \\\��_ s 1 `y11I y •• 14\ eoz I M.er,s21.os • al I 4.s ..1, e1e��1ar� 7 ) i .b o ...____ tro I . •3 f .I• � 24 `•2 I O Y 1 ti 1 tr%E,4.\ '4 , '\\o uI� & Q NI o � 1 =1 1 ` _ • /� i .5v I ,t w 1 `1 ` • . Ii '� .r : . \ \ 1\� • s 'N.... 1 p zE I R r 4. I/ I \y `\ `t 1 x W ^O O O vl 11'7: Vitatap...ak„. \ )five, ..,,, ,,,..ta•Sittilia-miut : • . ' • giiitefit4 -ALA.,.-----'ft. .„„ ' :13 ^ 1 Ill I v `1 }. F U f7 cr)rc o! •45 F:' \ \\ ... . * I P, T" ‘‘. (..) • u • 8 r') '..° n. \ F• >• t. r p ..:....j ;al 6 /5 -... 0 0 0 I- lAi cc'. 16 / . 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V. • El ecI _` \, i 55 CITY COUNCIL MINUTES March 21,2000 Page 10 Jim Tucker, real estate manager for Target, said they plan a 41,670 square foot building expansion and parking lot improvements at the Eden Prairie Center. The expansion was shown as part of a larger phasing plan presented by General Growth Properties, and the site plan is consistent with the phasing plan. Uram said the community Planning Board voted 6-0 to recommend approval of this project, including waivers for setbacks, exterior materials and signs, at its February 28, 2000, meeting. All waivers requested are consistent with other waivers granted with the Eden Prairie Center expansion. The recommendation included plan changes for landscaping, decorative lights, signs, and cart corrals to be completed prior to City Council review. The plans have been revised according to the Community Planning Board recommendation. Tyra-Lukens asked if the sign waiver request is for more signage than was granted by variance. Franzen replied Target is allowed to have a 300-square-foot sign on each outside wall. Target''is requesting signs on three sides and so they are asking to transfer the amount that would have been on the fourth side to the other sides. Mayor Harris asked if anyone wished to address the Council. No one did. • MOTION: Tyra-Lukens moved, seconded by Case, to close the public hearing and adopt Resolution No. 2000-55 for PUD Concept Amendment on 87.13 acres; and approve 1st Reading of the Ordinance for PUD District Review with waivers and Zoning amendment within the C-Reg-Ser Zoning District on 8 acres; and adopt Resolution No. 2000-55 for Preliminary Plat on 57 acres into 2 lots; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations; and direct Staff to issue a land alteration permit and footings and foundation permit to Dayton Hudson Corporation to proceed with construction at their own risk. Motion carried 5-0. Mayor Harris called a recess at 8:10 p.m. The meeting resumed at 8:25 p.m. F. PERKINS SUBDIVISION by James Perkins to amend that certain Developer's Agreement entered into on or about August 3, 1999 between the City of Eden Prairie and James and Raynelle Perkins with respect to Bryant Lake Heights. The request would amend Exhibit C, paragraph XIII of the Developer's Agreement by allowing issuance of a building permit for Lot 3, Block 1, Bryant Lake Heights and construction of a driveway across Lot 1, Block 1, to Lot 2, Block 1, Bryant Lake Heights without removal of all structures on Lot 2,Block 1. Enger said official notice of this public hearing was published on March 9, 2000, in the Eden Prairie News and sent to 18 property owners. Franzen said the City Council approved the 1999 plan, and a Developer's Agreement was entered into between the City of Eden Prairie and James and -5 y ATTACHMENT 3 /CITY COUNCIL MINUTES March 21,2000 Page 11 Raynelle Perkins. It included removal of the existing houses and new houses would meet the shoreline setback. New drain fields would be farther away from • the lake than the current location. James Perkins, 7014 Eden Prairie Road,requested to amend Exhibit C,paragraph XIII of the Developer's Agreement, in order to allow the house on Lot 2 to stand and not be demolished, as the buyer of Lot 2 would like to live in it. He made arrangements to sell the property to a developer. However, because of pending lawsuits against the City, the developer decided not to purchase it. He found another buyer in July 1999; however he backed out when new lawsuits were filed and Perkins could not guarantee what the City would do. At the same time Nathan Bergeland showed an interest in the property. He wanted to build on Lot 3 and sell Lots 1 and 2. However, in August Mr. Bergeland said he would buy • Lot 2 and signed an agreement on August 24. The deal was closed September 29. Mr. Bergeland decided he liked the house on Lot 2, and wanted to live there. He said he did not understand that the old house was subject to being demolished and had not seen the Developer's Agreement Perkins discussed this with Ric Rosow in January and was told the house would have to be torn down. Mr. Bergeland has asked if the agreement can be amended so that he can live in the house. However, he was not able to be present at this meeting. Case asked Rosow if it is possible for someone to purchase a house in ignorance of a Developer's Agreement and still be held accountable for the conditions in the agreement. Rosow said yes it is possible to complete the purchase without knowing about the Developer's Agreement because the City has a policy not to file the Developer's Agreement against the title, so the City relies on the developer to tell the homeowner that something is required by the City. In terms of accountability, if the owner of the lot made the purchase without knowledge of the agreement, the City would not be in a position to enforce the terms of the agreement against that buyer. By virtue of Council adopting the final plat and by virtue of City ordinances, the structure on Lot 2 becomes a non-conforming structure. The purchaser is deemed to know the law and is deemed to know the structure is non-conforming. The structure cannot be enlarged or altered. Nothing can be done, other than normal repair and upkeep. No building permit may be issued on any of the three lots until all structures are removed. If Mr. Perkins wants to build a house on Lot 3, he has to wait until the structures on the other lots are removed before he is entitled to a building permit. This is in the Developer's Agreement, which is a contract signed by Mr. Perkins and is enforceable. The City cannot force the owner of Lot 2 to tear down the structure, however,based on the Developer's Agreement. Mayor Harris asked if access to the property is an issue. Rosow replied that is an issue for the owner of Lot 2, because the approved plat assumes access would be built across the northerly portion of Lot 1 down to Lot 2, so a permit to build cannot be issued until the buildings are torn down. Current access is across Lot 3, owned by Mr. Perkins, and it would be up to Mr. Perkins to allow access to Lot 2. 35 CITY COUNCIL MINUTES sx March 21,2000 • Page 12 Butcher asked if it is standard practice for cities not to file Developer's Agreements with the titles. Rosow said the reason communities decide not to file them is because it clutters up the title to the property with a lot of restrictions and conditions which become meaningless after the agreement has been fulfilled, so there would be a continual`series of people asking Council to remove the conditions in the Developer's Agreements. That is the reason the decision was made many years ago by Eden Prairie not to file them with the title. Case asked if the house wouldn't eventually be torn down anyway if it cannot be altered or septic systems replaced. Rosow said the current property owner asked the City inspector to examine the condition of the house. Based on the report Rosow received it appears that the property is in a somewhat run-down condition and in need of major repairs. Under State law, the owner cannot make major repairs to a non-conforming house. Eventually the structure, out of economic necessity, would likely be removed and a new structure built, according to the plans approved by Council. However, the variance request for the setback, approved by Council, expires in July 2000. After that, if a permit is not requested to put up a structure at the variance setback, it would have to be built at the standard setback. Then another request would have to be made. Tyra-Lukens understood that at the time new owner closed on the house they would have seen the plat showing the new house location. Rosow said the plat would not have shown building pads for the new house,just lot lines. The buyer would have had the oppbrtunity to see the recorded plat and find out about the variances, etc. The owner is charged with having that information whether he asked about it or not. Mayor Harris asked if anyone wished to address the Council. Dick Seidenstricker, 7221 Willow Creek Road, encouraged the Council to reject the request to amend the Developer's Agreement. In it, the Council gave Mr. Perkins everything he needed to subdivide his property, and all he had to do was to comply with it. In November, he attempted to begin grading without a permit. In December, several neighbors met in Council Forum with the Council and City Staff regarding Mr. Perkins disregard for the Developer's Agreement. At that time the neighbors were assured.by the City that the agreement would be enforced. Seidenstricker requested that Council make Perkins comply with the commitments as outlined in the agreement by rejecting his request. Stuart Nolan, 7020 Willow Creek Road, said he met with Nate Bergeland, who said he never heard about the Developer's Agreement until well after he bought the property. Mr.Bergeland said he discussed his remodeling plans with Perkins. • MOTION: Thorfmnson moved, seconded by Case, to close the public hearing. Motion carried 5-0. 36 :3' CITY COUNCIL MINUTES March 21,2000 f Page 13 Butcher said she could not support this amendment request because of the reasons she voted to approve the plan for this project in 1999. One reason was to get rid of the structures standing on these lots because it would benefit all the residents to have a view of the shoreland. Case said four of the eight reasons the Council voted for this plan in 1999 would be negated if the request to amend the agreement were approved. Tyra-Lukens said she was not in favor of this proposal the first time it was presented. It is the responsibility of anyone selling anything to make clear to the buyer what they are selling. It would be a bad policy to approve the request. Thorfinnson said his personal integrity has been questioned throughout this process. The only one whose integrity should be questioned is Mr. Perkins. Thorfinnson said he did not intend to support the request. Mayor Harris said she recalled in 1989 she voted with the majority. The plan presented at that time was never implemented. The 1999 plan was much better and that fact made her feel very good about voting with the majority in the 3-2 vote. This amendment request is a retreat from that plan and she would not feel good about amending it. • James Perkins said he did not intend to embarrass anyone on the Council. Mr. Bergeland told him he was only planning to make some decorative changes to the house. MOTION: Butcher moved, seconded by Thorfinnson, to deny the Amendment to the Developer's Agreement for the Perkins Subdivision. Motion carried 5-0. G. 2000 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING (CDBG) RECOMMENDATIONS (Resolution No.2000-57) Official notice of this public hearing was published on March 9, 2000 in the Eden Prairie News. Uram said the list of organizations was reviewed and recommended by the new Human Services Committee. The committee considered priorities established by Hennepin County in developing their recommendations, which is based on requests received. The entitlement is $244,369, and will be available beginning in July 2000. • Mayor Harris asked if anyone wished to address the Council. Mark Matsovsky, a member of the Board of Directors of the Community Action Agency for Suburban Hennepin County, expressed thanks for their allocation and will continue to provide services in the suburban Hennepin County area. 31- BOARD OF APPEALS City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 STAFF REPORT VARIANCE: 2000-07 MEETING DATE: June 8, 2000 APPLICANT: Nathan D.Bergeland LOCATION: 7012 Willow Creek Road REQUEST: 1. Grant the following variances for the existing non conforming house and gazebo: a. A setback of 40 feet from the Ordinary High Water Mark of Bryant Lake for the house. b. A setback of 0 feet from the Ordinary High Water Mark of Bryant Lake for the gazebo. (Code required setback is 100 feet for structures). 2. To alter the non conforming house structure by removing a one story portion of the house &c constructing in its place a two story addition 60 feet from the Ordinary High Water Mark. (Code required setback is 100 feet. Code allows only routine maintenance and repairs on non-conforming uses.) 3. To permit repair, remodeling and improvements to the existing non-conforming house and gazebo. The proposed work includes electrical installations,replacement of roofs and insulation, construction of a two story addition, and new fixtures, doors,windows, cabinets, flooring, stove &venting, gas fireplace, and siding. (City Code, Sec.11.75 NON-CONFORMING USES, STRUCTURES AND SIGNS. Subd.l. Purposes. This Section is intended to limit the number and extent of non-conforming uses by prohibiting their enlargement,their re-establishment after abandonment, and the alteration of restoration after destruction of the structures they occupy. Eventually, certain classes of non conforming structures of nominal value, and certain non-conforming signs are to be eliminated or altered to conform. Subd.2 Continuation and Maintenance. A. Except as otherwise provided in this Chapter, a use, lawfully occupying a structure or a site on the effective date of this Section or amendments thereto that does not conform with the use regulations or the site area per dwelling unit regulations for the district in which the use is located shall be deemed to be a non-conforming use and may be continued except as otherwise provided in this Section. B. Non-conforming uses must comply with all regulations for off-street parking and loading, screening, landscaping and performance standards. C. Routine maintenance and repairs may be performed on a structure or site the use of which is non-conforming and on a non-conforming structure.) K:\Comm Dev\BOA-Board of Appeals\Reports\2000\BOA Staff Report#2000-07.doc ZONING DISTRICT: R1-22 AREA CHARACTER: Half-acre+lots along Bryant Lake and Willow Creek Road • BACKGROUND: 1998-1999 In 1998,this property was part of the Perkins Variance#98-06, See Attachment 1. The Board of Adjustments and Appeals denied the variances. The variances were appealed to the City Council. The City Council granted the variances on July 6, 1999,based upon Findings, Conclusion, and Order, see Attachment 2. 2000 Mr. Bergeland bought Lot 2 of the plat titled Bryant Lake Heights. Mr. Perkins appeared before the City Council in March of 2000 and requested a building permit be issued for construction on Lot 3 and for the driveway access across Lot 1 without removal of the house on Lot 2,which request was contrary to the plan approved by the Council which depicted a new house upon this Lot 2. The request was denied, See Attachment 3. In the Spring of 2000, Mr. Bergeland commenced remodeling of the lakeside gazebo without a building permit. The work was stopped by order of the Building Official and code conformance requested. See Attachment 4. On May 9, 2000, Mr. Bergeland submitted an application for variances, Variance#2000-07. On May 18,2000, the Building Official issued an order, requiring Mr. Bergeland to remove the gazebo from Lot 2 or to move it to a location on the property beyond the required setback. See Attachment 5. Mr. Bergeland has appealed this order. See Attachment 6. APPLICANT'S STATED HARDSHIP: See submission material. K:1Comm.Dev\BOA-Board of Appeals\Reports\2000\BOA Staff Report#2000-07.doc ACTION I. The Board may wish to choose from one of the following actions: 1. Approve Variance Request#2000-07 with conditions. The following conditions are recommended: a. No building permits for the construction on the house be issued until an approved septic system has been installed. b. Approval by the City Council of an amendment to the Developer's Agreement between the City and James and Raynell Perkins, dated Aug.3,1999 allowing the issuance of building permits for the construction requested on Lot 2 and construction of a driveway and new septic system without removal of all existing structures on the property. 2. Continue Variance Request#2000-07 if additional information is needed. 3. Deny Variance Request#2000-07 based upon the following findings: a. The alterations proposed for the house and gazebo are significant and exceed routine maintenance and repair allowed by City Code for non-conforming uses. b. There are no circumstances unique to the property that justify granting the variances and thereby altering the previously approved plan. c. There has been no showing of"Undue Hardship" as defined in the City Code, Section 11.76, Subdivision 1. d. The property can be put to a reasonable use if used in conformance with the City Code. e. The property owner purchased the property with knowledge of its condition. f. At the time the property owner purchased the property it was a non- conforming use under the City Code. g. The variances requested are significant and do not meet the spirit and intent of the City Code,which contemplates the eventual elimination of non- conforming structures. h. The variances requested do not adhere to Section 11.50 of the City Code providing for shoreland regulation,which contains required structure setbacks from a lake's Ordinary High Water Mark. ACTION II. The Board may wish to choose from one of the following actions: 1. Affirm the decision of the Building Official regarding the gazebo. 2. Overrule the decision of the Building Official regarding the gazebo. K:\Comm Dev\BOA-Board of Appeals\Reports\2000\BOA Staff Report#2000-07.doc DEPARTMENT OF INSPECTIONS CITY OF EDEN PRAIRIE FOR INSPECTIONS ONLY 949-8341 / ' John Coleman -518-2497 INSPECTION FOR (�ATh A i/ta }h' t 1 . TIME REQUESTED DATE l ADDRESS 70./2- CJJ( cj Cry CONTRACTOR __ I have this day made the inspection called for at the address listed above.You will make corrections as listed • below before proceeding with any work that would cover up or effect the listed correction. You will call for another inspection before corrections have been covered up. 76.5-TeD ?fl—t -- ? wn2.�- o My)/ i e--)2 ircq•-f— • P6 /eC Gar--- G_ ✓ee c �c�J-A-C.?- J •3 CY(✓rve4f._ r✓c5 l r ' .-,/�' ,AJ 7 l t7<' v7 -4 Ske 243 O f (Q —.77 / 7 ' You will be in violation of the Ordinance if you do not call for the proper inspections and ma• corrections as called for. CERTIFIC E /.TE REQURIED BEFORE OCCUPANCY: S AT . 'ja "r/ ATE TIME I CT • • 3S' ATTACHMENT 4 Jean Johnson-BERGELAND.051800_wpd Page 1 May 18,2000 Nathan D.Bergeland 9111 Lake Riley Boulevard Chanhassen,Minnesota 55317 • RE: Lot 2,Block 1,Bryant Lake Heights,Hennepin County,Minnesota Dear Mr.Bergeland: This letter is to advise you of the decision of the Eden Prairie Building Inspections Division regarding your recent alteration and reconstruction on a gazebo located on Lot 2,Block 1, Bryant Lake Heights, Hennepin County, Minnesota. The Building Inspections Division has determined that the alteration and reconstruction on the gazebo was unlawful and hereby orders the removal or relocation of the gazebo. The gazebo exists as a non-conforming structure pursuant to Eden Prairie City Code § 11.75. The enlargement,alteration,or reconstruction of a non-conforming structure is a violation of the City Code, except for routine maintenance and repairs. By replacing key structural components and adding additional structural components you have altered and reconstructed the building in violation of the City Code.' It is the determination of the Manager of Inspections that it would be impossible to return the gazebo to its original condition and, therefore, you are hereby ordered to have the gazebo removed from the property or, in the alternative, removed to a location in conformance with the building setback requirements of the City Code. This decision may be appealed under Eden Prairie City Code § 2.26 to the Board of Adjustments and Appeals. If you desire to appeal this decision, the City would be willing to have this appeal heard at the same time as your request for a variance currently scheduled before the Board of Adjustments and Appeals on June 8, 2000. If you desire to have this appeal heard at the same time,please advise the undersigned of your intention to do so. Very truly yours, CITY OF EDEN PRAIRIE By Kevin Schmieg 'It should also be noted that the construction on the gazebo was unlawful as no building permit was granted by the City as required by Eden Prairie City Code§ 10.06. 3 9 ATTACHMENT 5 • Financial Network FI\A�(:I:�I. \F1'\\UIcl: CORPc)R 1.1•Ic \ Jean Johnson _ City Offices of Eden Prairie 8080 Mitchell Road • Eden Prairie,MN 55344 Re: Variance request File Number: 6306004 Dear Jean, I received a letter via fax from my attorney,David Hellmuth,which originated from Richard Rosow. The letter stated.that it was necessary for me to request an-appeal of the order of the building inspector requiring that the gazebo be removed from the property or to a point beyond the setback requirement. Please use this letter as confirmation to the fact that I would like to appeal the order. The basis of that appeal is that the structure was leaning and bending due to the weight of the roof with inadequate support. The structure was repaired to maintain the integrity of the gazebo without changing the footprint or basic design of the structure. After my attorney contacted Richard Rosow,it was my understanding that we could make repairs but that improvements needed to go through the city for the proper variance requests. For safety reasons the necessary repairs were made to the gazebo since I was having a large company function in early May(the Eden Prairie police were informed of - this)that many people would be in the gazebo. If you would like to see before and after pictures,I believe that you will agree that necessary-repairs were made and•the basic structure of the gazebo is intact. If you would like to talk to my relative who helped me with this project, I would be happy to put him in contact with you to assist you in this process. Please call me if I can assist you in this process. Thank you in advance for you attention regarding these matters. ce , 7 Nathan D.Bergeland ATTACHMENT 6 'hjl V(i-st ah Sired.Suter 22(1• lickn 1'iA16e.N1\5-131-1.i'9 t • (61'R!9-(AX1O tcicilhon.•• 612 H29-0131 1.IN y0 City of Eden Prairie ep Public Safety Services Eden Police Department TDD(612)949-8399 prone Fax(612)949-6203 8080 Mitchell Rd. • Eden Prairie, MN 55344-2299 • Telephone(612)949-6200 May 12,2000 Mr. Bergeland 7012 Willow Creek Road (Lot 2,Blockl,Bryant Lake Heights) Eden Prairie,Mn. 55344 Dear Mr.Bergeland: The material you submitted on May 11,2000 for a variance request has been reviewed. City Staff has determined the application is not complete. As per our telephone conversation on May 12,2000, additional information is required to complete the application request on your property. The following is a list of items pertaining to your specific property that relate to the zoning district and shoreland variances that need to be included with your submission material: 1. State whether an easement of record exists for driveway access to this lot. The lot does not abut a public street(1999 variance). 2. Does the planned driveway meet code requirements? 3. Does the existing septic system(which is located on lot3)meet Minnesota Rules governing septics in shoreland areas? 4. State whether an easement of record exists for the septic system. 5. Does the existing septic system meet a 100' setback from the lake? Locate the existing septic system on a lot survey. 6. Will the new joint septic system approved with the 1999 variances be constructed concurrent with your requested variances? 7. What are the requested setback variances you need for the existing non conforming house and gazebo(distance to be shown in feet on the survey)? 8. What is the setback from the lake for the 1 story portion of the house you wish to remove and then construct a 2 story addition? 9. State the hardship(s) involved with the variances requested. Letter-Bergeland 2 • The information requested in this letter reflects information received as of this date and additional information may be required based upon the materials to be submitted pursuant to this letter. If the requested material is submitted by June 8,2000, the requests will be scheduled for the July 13,2000 Board of Adjustments and Appeals Meeting. Please call me with any questions. Respectfully, Jean Johnson, Zoning Administrator 949-6222 1c Nathan D. Bergeland 7012 Willow Creek Road It has been recommended that I present to the city a case representing hardships that I experience by living in the present property. As I look globally and nationally, it is hard to call this situation a"hardship." So,with the intent to maintain integrity, allow me to cite the inconveniences that arise or are currently present at 7012 Willow Creek Road. Water Damage: There is currently a water problem that if left unchecked, it will erode the foundation,exterior and roof of the property. The house is approximately 25 years old. The exterior has never been painted nor sealed. The original roof and windows still exist. There are no gutters nor downspouts on the house and the eaves have insufficient overhang to allow proper runoff without the rain hitting the house. This situation has caused window rot on almost every window. The rain coupled with the carpenter ants, woodpeckers,mice,squirrels and chipmunks have caused complete elimination of some of the window casings. To help mitigate the varmint situation I have contracted American Animal Control to trap the squirrels living between the ceiling and floor(four captured in the last two weeks), bait the chipmunks and mice that have chewed holes into the wood siding and monitor the premises on a regular basis. During a rainstorm, leaks have been found in the stairwells, kitchen, main bathroom, dining area,the family room and the entire east basement wall appears to have water - seepage. The leak in the family room on the lower level has now caused a portion of the ceiling to fall off and the framing wood to rot. The water appears to have seeped into some of the electrical sockets on that exterior wall. The drainage and water runoff flows to the foundation on the north, east and west sides of the house. Several landscapers have mentioned the need to channel the water away from the house. There are several areas in the basement that dirt falls to the floor from the ceiling area. Solution: It is my desire to put cedar shakes on the roof, install double or triple pane slider windows and stucco the exterior of the house and gazebo. Slope the grading for drainage away from the house coupled with sealing the interior areas exposed to the exterior. Copper gutters and downspouts with subterranean tubing directed away from the house would help mitigate the current water and structural problems. Due to the excessive rotting caused by the neglect of the flat roof structure, it would be my desire to rebuild that portion of the house on its existing pad and bring it up to the present roofline of the master bedroom. This would also reduce the window surface area. Easement Issue: The next issue is that the seller of the property was to build a road for me across a parcel of land to the north that I currently have an easement. I currently am L3 accessing my property over a parcel of land that I do not have an easement. It is my expectation that this is a short-lived arrangement. Solution: It is my desire to have a road built that is similar to the plans under the "Perkins Development Agreement." This was one of the conditions that was to occur based on representations made by the seller at the closing of this property. Septic System: Based on previous tests, it appears the drainage field fails current standards. Solution: It is my desire to be environmentally minded and I would like to have the drainage field moved back to the area mentioned in the"Perkins Development Agreement." This was also one of the conditions that was to occur based on representations made by the seller at the closing of this property. Cosmetics: There are currently holes in doors and walls. There is exposed ceiling that plywood has been tacked up to keep dirt from falling on the floor. Wallboard is warped due to excessive moisture. Ceilings have separated or are water damaged. Floorboards are separating from the wall or are rotten. The kitchen appliances are dated and energy inefficient. The kitchen cabinets are original and made of inexpensive material,therefore the shelving is sagging or rotting(under the sink). Solution: The ceilings need new sheetrock,taping and painting after the exterior water problems have been rectified. Doors need to be replaced and the walls patched. Floorboards need to be replaced along with the kitchen cabinets and appliances. There are several windows that strategically placed would render an architecturally aesthetic structure. Summary: It is not my intention to change the exterior of the house so that it is expands outside its current foundation. I intend to work with the City of Eden Prairie and its officials to create a structure the citizens,neighbors,my children and I will be proud of. My intent is not much different than any other homeowner. We all want a place that reflects our character,values and above all,a place we can call"home." L1 1-1d]M : RYE PHONE NO. : 4422091 May. 17 2000 10:20AM P2 -4 -ut` Compliance Inspection Form for Existing Individual Sewage Treatment Systems This form reflects the requirements of the 1996 version of MN Rules Chapter 7080 Minnesota Pollution Control Agency Note:Local inspection standards may be more or less restrictive than the state requirements_ These differences must be made available by the Local Unit of Government. _ Date of inspection:�� Property owners) N140)9`! _ �- .� Telephone( ) 9/sV—b/r'3 Person requesting inspection(if d)iffere t than owner) Telephone( ) _ Reason for inspection: Rill/di u iN;4 •-1-04 s.,745,z Site Address IllM wiLL01".fr _ City 7) I?1 'J _ Zip Code L44 ' Unit of Government Regulating this property Fire No. Parcel No_ Township Name Township Range Section Quarter (Check appropriate sewer system component and indicate location on site sketch). Tank(s). soil Treatment System: Other briefly de crihe): Flow Meter XSeptic tank X Rock trench Alternative system _Aerobic tank Gravcllecs pipe trench Experimental system Yes No _Pump tank _Chamber trench Warrantied system If yes, Holding tank _Seepage bed Exp,Date: — Other Mound Other (eec 72(....,41) _At-grade - — System C1assificatiOR System Built Prior to April 1, 1996 and not Located in Any System located in Shoreland or Wellhead Shoreland or Wellhead Protection Area or Serving a Protection Area or Serving a Food,Beverage or Food,Beverage or Lodging Establishment Lodging Establishment, plus all systems Built after April 1, 1996 . Pi the system au imminent public_1 calf!'thre•dt(1PX ?Upgrade e. tem a IPH • 1.Discharge of sewage to the ground surface? YES NO 10 mo I.Discharge of sewage to the ground surface? NO 10 mo 2-Discharge of sewage to draintile . 2.Discharge of sewage to draintilc or or surface waters? YES NO 10 mo surface waters? YES` 1 •0 mo I Sewage backup into dwelling? YES NO 10 mo 3.Sewage backup into dwelling? YES NO 0 mo 4_Situation with the potential to immediately and 4_Situation with the potential immerl+oroiy and adversely impact or threaten public health or adversely impact or threaten public health or safety? ' YES NO 10 mo safety? • ir 10 mo Ts the system failing? Is the system failing? 5.Less than TWO feet of vertical separation between 5.Less than THREE feet of vertical separation betwe-e system bottom and saturated soil or bedrock? YES NO LGU** system bottom and saturated soil or bedrock? NO LGU;* 6-A seepage pit,cesspool,drywell,or leaching pit? YES NO LGU.1'4` 6-A seepage pit, cesspool,drywell,or leaching p- S NO LGU* "*LGU=Local Unit of Government ordinance must specify the time period within which the system must be upgraded. - err►.. STATUS O1?THE SYSTEM Based on the compliance criteria above the system status is (check one)Cl in compliance(functionina))failing I an imminent threat therefore,this document is a(check one)❑Certificate of Compliance Notice of Noncompliance. Page 1 of 2 1-1d.1M : RYS PHONE N0. : 4422091 May. 17 2000 10:21AM P3 - What methods—were used to make the determinations for the compliance inspection? as.i 1 i 'r�;A.., lJ- Please attach the fgti2 jpg;. - '1) Site sketch. Suggested items for drawing include:Well,well setback to system,dwelling or other establishment,tank(s),soil treatment system, reserved soil treatment area,curtain drain,property lines.waterways,and buried lines(those NOT installed by the utility). include sizes and length and approximate distances from fixed reference points such as streets and buildings. 2) Soil boring logs,showing each horizon. Indicate the texture,structure,color,depth of each different soil type,evidence of mottling,bedrock and standing water and whether the material is filL Locate each boring on attached site sketch 3) A list of any and all requirements of the local ordinance that are different than the sate requirements referred to on this form. CERTIFIOATION A. I hereby certify that all the information I have provided regarding the individual sewage treatment system is true,accurate,and complete. Property Owner . _ Date • B_ I hereby certify as a state of Minnesota licensed Inspector and/or Designer I or Qualified Employee Inspector and/or Qualified Employee Designer I that I conducted an investigation in accordance with applicable requirements that accurately determined the compliance status of this system and that my observations recorded are accurate as of this date. No determination of future hydraulic performance has been nor can be made due to unknown conditions during system construction,abuse of the system,inadequate maintenance,or future water usage_ Inspector's name(print) ,.a lg.- S.6+.7•'q(l .v cJ Phone �yZ/J=�f S• ` License and/or Registration Number 3 c Address 96.0ca .. i, ' r , Employed by .. r•-.7Ec14/.1—#51 Addre •�•9��9� Valid until unless the,system becomes an imminent threat to public health or safety as defined at Minn.R.70S0.0020,subp. 14a,before that time. Signature • Upgrade Criteria • Minnesota Statutes§115.55(law")Upgrade Requirements Any situation with the potential to immediately and adversely affect or threaten public health or safety,must be upgraded;replaced,or its use discontinued within ten months of receipt of this notice or within a shorter period of time if required by local ordinance. If the local unit of government with jurisdiction over the system has adopted an ordinance containing alternative local standards,the existing system must comply with the ordinance. If the system does not comply with the ordinance,it must be upgraded,replaced,or its use discontinued according to the ordinance. If a seepage pi4 drywell,cesspool,or leaching pit exists and the local unit of government with jurisdiction over the system has not adopted local standards to the contrary, the system is failing and must be upgraded,replaced, orits use discontinued within the time required by local ordinance. If the system fails to provide sufficient groundwater protection,then the local unit of government or its agent shall order that the system be upgraded,replaced,or its use discontinued.withhin the time required by rule or the local ordinance. If an existing system is not failing as defined in law,and has at least two feet of design soil separation,then the system need not be upgraded,repaired,replaced, or its use discontinued,notwithstanding any local ordinance that is more strict. This does not apply to systems in shoreland areas, wellhead protection areas, or those used in connection with food, beverage,and lodging establishments as defined in law. p_liststprog dcvlcxinp9.doc-6/99 Page 2 of 2 FROM : RYS PHONE NO. : 4422091 May. 17 2000 10:21AM P4 t4jt . 00°W . . : . • •• : ":......._..1] • 4,7,6' t -• .I: 1:\... :: . _... . . • ra ;47 - .. e (ir.-7ii. ,.,e5 /4416-3Z'....174. . . __. ... . il . ... . . Np - . lee-QA..c7` . (-." I 7 tail.q.it./.4!) • • • • .C 0) sa, .-4 7(C. . ... �-�•,:.ma-s. ,��.. .:, a. -� �s� r«:'"-- :. __..., _.. . gale--. . �-K. a N /.q.t'' d e '. . �� �A7 -S'5g.�So 4 / .. ..... - 2 *lox, 4✓4- 4e ,e l. .. :. EASEMENT AGREEMENT THIS AGREEMENT is made and entered into this 7 day of �' '(1l ,2000,by and between NATHAN D.BERGELAND,a single person("Bergeland"),JAMES W_PERR.INS and RAYNELLE F. PERKINS, husband and wife, as joint tenants ("Perkins"), and PEARL H. FREEBUJRG,a single person("Freeburg"). WTENESSETH: WHEREAS,-Perkins are the owners of the following parcel of real estate located in the City of Eden Prairie,County of Hennepin,State of Minnesota,which is legally described as follows: Lot 3,Block 1,Bryant Lake Heights,Hennepin County, Minnesota, (hereinafter"Perkins Parcel"). WHEREAS,Freeburg is the owner of the following parcel of real estate located in the City of Eden Prairie, County of Hennepin,State of Minnesota,which is legally described as follows: Lot 1, Block 1,Bryant Lake Heights, Hennepin County, Minnesota, (hereinafter"Freeburg Parcel"). WHEREAS,Bergeland is the owner of the following described real estate located in the City of Eden Prairie, County of Hennepin,State of Minnesota,which is legally described as follows: Lot 2,Block 1,Bryant Lake Heights,Hennepin County, Minnesota, (hereinafter"Bergeland Property"); and • 1 Li$ WHEREAS,the-Freeburg Parcel and the Perkins Parcel are adjacent to, and are situated directly to the East and North and West of the Bergeland Property,respectively;and WHEREAS,there shall be a driveway area easement located over and across a portion of Freeburg Parcel and a Sanitary Sewer Maintenance and Use area easement located over and across a portion of the Perkins Parcel used to benefit the Bergeland Property; WHEREAS,Freeburg and Bergeland are desirous of granting earh other Sanitary Sewer Maintenance and Use purposes over and across certain parts of the Freeburg Parcel and the Bergeland Parcel. . WHEREAS, Pencil's and Freeburg are desirous of granting Bergeland easements for driveway purposes and Sanitary Sewer Maintenance and Use purposes over and across certain parts of the Freeburg Parcel and Perkins Parcel,as described below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, it is mutually agreed by and between the parties hereto as follows: 1. Freeburg grants and conveys unto Bergeland, his successors, heirs and assigns, a perpetual easement for driveway purposes over and across those portions of the Freeburg Parcel as described on Exhibit A("Driveway Easement Area") attached hereto and made a part hereof by reference. — 2_ Freeburg grants and conveys unto Bergeland, his successors, heirs and assigns, a perpetual easement for Sanitary Sewer Maintenance and Use also known as Easement for Common Drainfield over Lots 1 and 2,Block I Bryant Lake Heights,. purposes over and across those portions of the Freeburg Parcel as described on Exhibit B and depicted on Exhibit D attached hereto and incorporated herein by reference. 3_ Bergeland grants and conveys unto Freeburg,her successors, heirs and assigns, a perpetual easement for Sanitary Sewer Maintenance and Use also known as Easement for Common Drainfield over Lots I and 2,Block 1 Bryan Lake Heights, purposes over and across those portions of the Bergeland Parcel as depicted on Exhibit D attached hereto and incorporated herein by reference. 4. The easements granted herein by this Agreement are perpetual easements,running with the land and binding on Perkins,their successors,heirs and assigns,and shall benefit Bergeland,his successors,heirs and assigns. The Driveway Easement Area for Bergeland. and Perkins are depicted on Exhibit C, attached hereto and incorporated herein by reference_ 2 5. Bergeland,his successors,heirs and assigns,shall use said driveway for all purposes in connection with the use and enjoyment of the Bergeland Property,including the purposes of vehicular and pedestrian ingress and egress to and from their garage which is not located upon the Driveway Easement Area described herein and agree that they will not obstruct or block the driveway in any manner_ 6. Freeburg,the heirs and assigns,shall be responsible for all costs associated with the construction and maintenance of the Driveway Easement Area, including snow removal therefrom. 7. Bergeland shall be solely responsible for any and all maintenance and/or repairs to the Sanitary Sewer Maintenance and Use system serving his property and shall have full access to the Sanitary Sewer Maintenance and Use Easement Area for such purposes. 8. The parties hereto agree to maintain at all times a homeowner's insurance policy which includes coverage for public liability in connection with the respective use and enjoyment ofthe Driveway Easement Area and Sanitary Sewer Maintenance and Use Easement Area. 9. This Agreement shall be construed and governed under the laws of the State of Minnesota. • IN VT1TNES S WITEREOF,the parties have caused this agreement to be executed the day and year first above written. Nathan D.Bergeland STATE OF MINNESOTA ) )ss COUNTY OF ) The foregoing instrument was acknowledged before me,a notary public,this day of ,2000,by Nathan D.Bergeland, a single person. Notary Public 3 50 7. . r 'v es W.Perkins STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN - ) The foregoing instrument was acknowledged before me,a notary public,this day of ,2000,by James W.Perkins,a married person. • Notary Public Ita a F.Perkins STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me,a notary public,this day of ,2000,by Raynelle F.Perkins,a married person. Notary Public Alm• Pearl H.Freeburg STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN. ) The foregoing instrument was acknowledged before me, a notary public,this day of 2000,by Pearl H.Freeburg,a single person. Notary Public 4 51 N - EXIT A • Ste. uJu I -1y�y li=it EGAN. FIELD & Na,.ifl�C . ty 61?5466637 P.02/64 EGAN. -FIELD & NOWAK, INC, , SURVEYORS t k-3� 7475 wAvuTA UoutEY.uo c,1 �kb) '' Stlr046A!O(lS.pur/NESOTA.55426 ' .. gErqt \ � Poona:(tiZ 5.144627 FAX:' (I LT)$4(4 3U PROPOSED DRIVEWAY EASEMENT DESCRIPTION For • HELLMUTH&JOHNSON, P.A. October 22,1999 That part of Lot 7, Block 1, BRYANT LAKE HEIGHTS,Files of the Registrar of Titles, Hennepin County,Minnesota lying easterly of a line described as beginning at a point in the north tine of said Lot 1,distant 150.00 feet west of the northeast corner thereof;thence southwesterly to a point in the north line of Lot 2,said Block 1,distant 75.00 feet west of the northeast corner of said Lot 2 and said line there terminating. • • • 53 -. - -`' ---- --`-- ~-- ---------` --- - `---- -- - ---_ ___- ----'-__-_~---_' - � ' ' ' ~ - ` � . . � ~ - � � � � Tl� B � ~ � . ^ � ' � � ' - � - ^ ^J ^\ Mu-1 9-1999 11;12. EGANIr FIELD & MOLrK •� 6125466837 P.03/@4 ,w i EGAN FIELD -4 NOWAK, INC ; ' _ SURVEYORS .,f �}}•:• I \Mr �` i1� 11 1 7<IS WA'rZJTA foYt�+►s0 i4IK11EAlOUS,I tA 33�2i v' P2onel j021 SeS-6377 FAX tern swam, PROPOSED DRAINFIELD EASEMENT DESCRIPTION For I-IELLMUTH&JOHNSON,P,A. October 22,1999 That part of Lot 3, Block 1, BRYANT LAKE HEIGHTS, Files of the Registrar of Titles, Hennepin County,Minnesota lying southwesterly of the following described line: Commencing at the northwest corner of said Lot 3;thence South 11 degrees 26 minutes 19 seconds West, assumed bearing along the west line of said Lot 3 a distance of 156.00 feet to the point of beginning of the line to be described;thence South 78 degrees 33 minutes 41 seconds East a distance of-50.00 feet;thence South 18 degrees 33 minutes 41 seconds East a distance of 80.0Q feet to the shore of Bryant Lake and said line there terminating. EXEW3JT C li iv-A-aT-1. 1 L;11 EGAN. FIELD 8 NCJ41AK 6125466E37 P.84404 •�— - g gt CO AC Ft- . / •�. i r r1 0 9 !..el IP J7 1 1 G a. as V I I I r\1 .. } y 7/..[K.q ■ ■ Ufa 4 IP Q �_Z i�.r•+.+ ----•• L£'fOZ01f4WS ���+..� �. . ... WI ; OOSL1 2 AMU g k7 h� • t Y I WORM a3s1;d0ra_.Y-4 el ..7 All ,a CO a 7 /p i • m ci ,f. . - I j:.. I . a ice-- ~ '` - Y imi 1 GA . 63 / el, \e". .0 -rt-,& �. Cl.= -7- N. LU &. ! '�v ss 1 4C 7 a -N. . I cc.i �S 1 0 \ /mac z i +J / r 1.,1 V, ' CD • ! � V Cod' CC I •� raj - , 4, r m W �1 i 4 . �"- r ,� III� - P Q co ..•"' -.'i cc -- 4 --40.1.4 u- `n8 W 5-4- TIITAL P_04 EX BIT D PROPOSED Rh WALL - - -•. 5- - - _....."imierglin.w.---- ot _-- • " --- -,-0---- .0 -- OIL_ a -_ e r 890 �, _ g98a 94• N. -..„..\ - o cia - • \ 45 V i • a,!' �� ~• ...,� ." 5o ��'- ( PROPOSED COMMON / 187 o ~• '...�� h \ DR ,.IN FRELO _, �' V aGQ.o '� % � �- r'' r z �s76 : . _ _ . .....• // . . _ . tr / • 'C T .... ; ., .r. •-.....0 : . . _ .. . . ..... .., .. ,,,. .. ...... '`� -� ..� , J o i r - `• . - .-. . • ~.._ \ 2 . . . _ __ — .. \ . _ • _ . • .. . _ _ _ .. - .. \ .. • .....„ _. . .. . ,.....a.."0 \• - _ 8R1 \ ' \ �/ . m n- Egi: Gym >133x0 I o `a'. 1 ,133u3co, III V 7 •1 i Ift mania s d b.s uvroa 10 +p« "��0 �470- \S VA v- q I O -- I ° 4. U. , I a I g 1....... ...._ 7 \ . CCI 1 0 It t. .l , :gyp - `- v% , ,-;ft -'.L YA �" I i) I A, ` /1 .- Lt.... . • .ItJ.t 1 �t / z'CIt, 1,\ �; 2 Li ‘ 104 0. 15) UJ i r` ` 411 �� 0 -� I ' d F \` 1++ N Y, r A.!• c� `��� \.% Gov,./ CO _ \ \‘-e- "--............„.. .))\t/ 7... \ -'‘.***-.............. r 4° CL c, 0 �� (r is 7. I g�\ �'cK 1d Q., N`0 � Z \,..--. r 0 c6 \N. ,,, .,- 1.‘i le— . L: <}-- 4* ..., `�1 o. ocp,.. I f....4. .., Ga I �'i' 4 P Q 1 I QD r , o- • a W C.1 Cr CS >;y �, LL p. _ w la Z W 60 TOTAL P.02 As apg6s-- tiN41:*.oiNA: Aessk 4-o \ ka_ oulas ; rWL‘.. JAMES W. PERKINS 7014 Willow Creek Rd. Eden Prairie,Mn 55344 • May 12, 2000 • Nathan D. Bergeland 7012 Willow Creek Rd. Eden Prairie,Mn 55344 Re: Right Of First Refusal in Purchase Agreement August 23 , 1999 for lot 3 ,Block 1 , Bryant lake Heights. , Dear Mr. Bergeland: • Please be advised that Iam Marketing Lot3 ,Block. 1 , Bryant Lake Heights starting at $475,000 . • According to the terms of the August 23 ; 1999 Purchase Agreement you have a "right of first refusal" on Lot 3 . This letter is notice to you for purpose. of you exercising your right of first refusal. • If I do not receive on or before May 21 , 2000 from you :.. . an executed purchase agreement for Lot 3, Block 1, Bryant Lake Heights for $475,000 or greater, it shall be concluded that you have not exercised your right of first refusal . ames W. Perkins 7014 Willow Creek Rd. Eden Prairie,Mn 55344 • Financial Network I=I\,\\CI.11. \E:I\\-()1:1: 1Nvl=til:\Ii:\7 C:()11I'o1::1TI()\ • Jean Johnson City Offices of Eden Prairie 8080 Mitchell Road • Eden Prairie,MN 55344 Re: Variance request File Number: 6306004 Dear Jean, I received a letter via fax from my attorney, David Hellmuth,which originated from Richard Rosow. The letter stated that it was necessary for me to request an appeal of the order of the building inspector requiring that the gazebo be removed from the property or to a point beyond the setback requirement. Please use this letter as confirmation to the fact that I would like to appeal the order. The basis of that appeal is that the structure was leaning and bending due to the weight of the roof with inadequate support. The structure was repaired to maintain the integrity of the gazebo without changing the footprint or basic design of the structure. After my attorney contacted Richard Rosow, it was my understanding that we could make repairs but that improvements needed to go through the city for the proper variance requests., For safety reasons the necessary repairs were made to the gazebo since I was having a large company function in early May (the Eden Prairie police were informed of this) that many people would be in the gazebo. If you would like to see before and after pictures,I believe that you will agree that necessary repairs were made and-the basic structure of the gazebo is intact. If you would like to talk to my relative who helped me with this project, I would be happy to put him in contact with you to assist you in this process. Please call me if I can assist you in this process. Thank you in advance for you attention regarding these matters. ce , . • Nathan D. Bergeland • 92.0t T th strect.suitc 2.o • Lihn 1'ict'e.11\ 31-1-ih')t • ( I2 8 9-1XXX)kit-plum,-i • 612 ft94) i1 Llx • Response to 5-12-00 Letter From Jean Johnson 1. State whether an easement of record exists for driveway access to this lot. The lot does not abut a public street(1999 variance). According to Jim Perkins (conversation 5-17-00)that Randy Slick has the original executed easement agreement and he informed him that they would submit the easement to Hennepin County. It appears that this has not been done but I would be glad to pick up the original and file it with Hennepin County. I spoke with Randy today and he has the executed copy and expects to call me back with his determination of whether he will file the document or I will take it to the county. 2. Does the driveway meet code requirements? • The planned driveway and grading have met code requirements according to Jim Perkins through the Perkins Development Agreement. This plan or an improved plan would be used. 3. Does the septic system(which is located on lot 3)meet MN Rules governing septics in shoreland areas? No. See attachment from Swedlund Septic. It is my intent to build the septic system proposed in the Perkins Development Agreement. 4. State whether an easement of record exists for the septic system. See response to#1. 5. Does the existing septic system meet the 100' setback from the lake? Locate the existing septic system on a lot survey. See attachment from Swedlund Septic and from Egan,Field and Nowak, Inc. surveyors (EFN). 6. Will the new joint septic system approved with the 1999 variances be constructed concurrent with your requested variances? Yes 7. What are the requested setback variances you need for the existing non-conforming house and gazebo (distance to be shown in feet on the survey)? Both the gazebo and the house would stay within their current land plat. The survey can be used for accurate distances. (03 8. What is the setback from the lake for the 1 story portion of the house you wish to remove and then construct a 2-story addition? The section where the ceiling is rotting and falling down that will be replaced with a sloping roof to reduce the potential of future difficulties inherent with flat roofs in MN is sixty feet away from the high water mark. • 9. State the hardship(s) involved with the variance requested. See attached. ry Memorandum To: Mayor and City Council From: Kevin Schmieg,Building Official Through: Jim Clark,Director of Public Safety Date: July 14,2000 Re: Structural Repairs/Maintenance—7012 Willow Creek Road The house located at 7012 Willow Creek Road is a legal, nonconforming use. Work has recently been preformed on the gazebo. I have personally performed a site inspection at the property. Structural Repairs Structural repairs were made to the gazebo. The repairs included replacement of headers and trimmers as well as the addition of collar ties. The work that has been done qualifies as structural repairs. Structural framing components includes all members that provide a load path to carry applied loads through the structure to the load bearing elements and ultimately to the footings. This would include the members that make up the load bearing elements and the footings themselves. Headers, trimmers and collar ties all meet this definition as they are all load bearing elements. Structural repairs will also be required on the house. There is evidence of decay in the header above the patio door and damage to the beam beneath the deck area. This decay/damage is extensive enough that repair or replacement will be needed. The extent of additional structural repairs that the building will require cannot be determined until such time as the siding and/or sheetrock is removed and the structural elements exposed. At that time a proper analysis can be conducted. It is highly probable, given the deteriorated condition of the roof, siding and windows that additional damage has been done that will need structural repairs. Routine Maintenance/Repair: The ability of a building to stand the test of time is a function of the quality of the original materials used in the building,the workmanship and care taken to install the materials and the frequency and quality of routine maintenance. Ultimately,the extent of building repairs(other than damage caused by acts of God) is inversely proportional to the amount, timeliness, and quality of routine maintenance preformed on it. •Page 1 65 The house located at 7012 Willow Creek Road has received little routine exterior maintenance. Because of this, the majority of the exterior shell(roof, siding, windows, etc.) has deteriorated to a point where routine maintenance is no longer sufficient. The roof, windows and siding must be removed and replaced for the structure to remain functional and weather tight. This raises the issue of what constitutes routine maintenance and repair. The following statements and definitions are based on generally recognized principles and standards as well as my professional experience and expertise. Routine repair and maintenance are always to be done in kind and are not enhancements to the property. Routine Maintenance: Routine maintenance would be work preformed on a building to keep it in a state of good repair. Items would include such things as: > Caulking. ➢ Painting. > Reglazing windows. > Furnace filter replacement. Repairs: Repairs would include putting building components into good condition after damage or decay. Items would include replacement in kind of: > Broken windows. ➢ Shingles. > Damaged siding,soffits and trim boards. At the extreme end would be replacing building components in totality. This would include replacement in kind of: ➢ Windows and doors in existing openings. > Roof replacement in kind. > Siding replacement in kind. Enhancements: Enhancements would be items that increase a building's value or attractiveness, and/or improves or augments a building or structure. These would include items such as: ➢ Upgrading roofing materials(asphalt shingles to cedar shakes or tile roof). > Upgrading siding(wood to stucco or brick). > Enlarging or adding window or door openings. > Reconfiguring the interior layout. ➢ Expanding the footprint or square footage. •Page 2 CITY COUNCIL AGENDA DATE: SECTION: Reports of Advisory Boards and Commissions July 18,2000 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management Services Management and Use of Historical Properties -x I t Natalie Swaggert Requested Action Move to: Thank the Heritage Preservation Commission and staff for their work and accept the June 20,2000, Adaptive Reuse Proposal for City historical properties. Move to: Direct staff to develop an RFP for professional real estate services to determine the market feasibility for lease or sale of the Smith Douglas More house for adaptive reuse and to market the property for maximum return. Move to: Direct staff to develop a multi-year budget and funding plan for the Cummins House and Riley Farm within the parameters of the City's budget and CIP. Move to: Direct staff to develop a program plan for the Cummins House and Riley Farm for review by the Parks and Recreation Citizen Advisory Commission and Community Program Board. Background Information On January 18, 2000, the City Council directed the City staff to work with the Community Program Board and Heritage Preservation Commission to develop recommendations for the future use of the Smith Douglas More House, the Cummins House, and Riley Farm. The analysis of the properties was to take into account their historic significance, potential adaptive reuse, operations, maintenance, programming, all costs, and financial sustainability over time. The City staff, with input from the Heritage Preservation Commission developed several optional uses for each of the historic sites and presented these recommendations to the Community Program Board. The Community Program Board met on July 11 to review the Adaptive Reuse Proposal prepared by the Historic Preservation Commission. The Board members supported the general recommendations of the proposal for the three properties. Attachments Adaptive Reuse Proposal CITY COUNCIL AGENDA DATE: SECTION: July 18,2000 SERVICE AREA/DIVISION: ITEM NO.: Public Safety ITEM DESCRIPTION: Jim Clark, Chief of Police National Night Out Synopsis National Night Out is August 1, 2000. A representative from Public Safety and McGruff will give a brief promotional presentation on activities planned. • • • CITY COUNCIL AGENDA DATE: SECTION: July 18,2000 SERVICE AREA/DIVISION: ITEM NO.: Parks and Recreation ITEM DESCRIPTION: Bob Lambert,Director Thank Yous for 4th of July Sponsorship Synopsis Eden Prairie businesses helped sponsor the 4th of July Celebration. A staff representative from Parks and Recreation will give a summary of the event and the Mayor will present certificates and plaques to the recipients. Background The businesses listed below will be recognized. Recipient Award BFI Waste Systems Certificate Donated 2 dumpsters & 100 garbage cans. Sports World USA Certificate T-Shirt Sponsor. Estimate value of$1,200 Suburban Chevrolet Certificate $1,500 for Petting Zoo &Pony Ride Anchor Printing Certificate $2,100 in printing items Twin City Coop Federal Credit Union Certificate $2,000 for daytime entertainment Eden Prairie Center Plaque $5,000,location&staff Norwest Bank Plaque $5,000 for Fireworks Display