HomeMy WebLinkAboutCity Council - 07/10/2001 AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY,JULY 10,2001 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ron Case, Jan
Mosman, and Nancy Tyra-Lukens
CITY STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert,
Public Works Services Director Eugene Dietz, Community Development and Financial Services
Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Ric Rosow
and Council Recorder Peggy Rasmussen
I. ROLL CALL/CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
V. MINUTES
A. CITY COUNCIL MEETING HELD TUESDAY,JUNE 19,2001
VI. CONSENT CALENDAR
A. APPROVE SECOND READING OF AN ORDINANCE REPEALING
ORDINANCE NO. 2-2001,WHICH GRANTED A CABLE SYSTEM
FRANCHISE TO EVEREST MINNESOTA,LLC
B. APPROVE SECOND READING OF AN ORDINANCE REPEALING
ORDINANCE NO.3-2001,WHICH GRANTED A CABLE SYSTEM
FRANCHISE TO WIDEOPENWEST MINNESOTA,LLC
C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY
CODE SECTION 3.30 TO CLARIFY WATER USAGE RESTRICTIONS
D. AWARD CONTRACT FOR UTILITY VEHICLE BUILDING
IMPROVEMENTS,I.C. 00-5516
E. ADOPT RESOLUTION REQUESTING DNR ASSISTANCE TO
EVALUATE PROTECTED WETLAND 994W(MORRAINE WAY POND)
F. APPROVE PROPOSAL FOR THE DESIGN AND CONSTRUCTION
ADMINISTRATION OF THE PRAIRIE CENTER DRIVE/COLUMBINE
ROAD TRAFFIC SIGNAL WITH ALLIANT ENGINEERING,INC.
CITY COUNCIL AGENDA
July 10,2001
Page 2
G. ADOPT RESOLUTION ADOPTING THE JOINT AND COOPERATIVE
AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND
EQUIPMENT
H. APPROVE LICENSE AGREEMENT WITH QWEST FOR CIVIL
DEFENSE SIREN AND TELECOMMUNICATIONS ANTENNA
I. APPROVE GRADING PERMIT FOR A TEMPORARY PARKING LOT
FOR SOUTHWEST METRO
VII. PUBLIC HEARINGS/MEETINGS
A. GRACE CHURCH—AMENDMENT TO DEVELOPER'S AGREEMENT
by Grace Church. Request for First Amendment to the Developer's Agreement.
Location: Pioneer Trail and Eden Prairie Road.
B. AHMANN REZONING by Richard Ahmann. Request for Zoning District
Change from Rural to R1-22 on 1.03 acres. Location: 6604 Golden Ridge Drive.
(Ordinance for Zoning District Change)
C. HENNEPIN COUNTY LIBRARY by Hennepin County. Request for Planned
Unit Development Concept Amendment on 6.12 acres,Planned Unit
Development District Review on 6.12 acres, Zoning District Amendment within
C-Reg-Ser Zoning District on 6.12 acres, and Site Plan Review on 6.12 acres.
Location: 565 Prairie Center Drive(Resolution for PUD Concept Amendment,
and Ordinance for PUD District Review and Zoning District Amendment,)
VIII. PAYMENT OF CLAIMS
IX. ORDINANCES AND RESOLUTIONS
A. AHMANN REZONING by Richard Ahmann. 2nd Reading for Zoning District
Change from Rural to R1-22 on 1.03 acres. Location: 6604 Golden Ridge Drive.
(Ordinance for Zoning District Change)
B. FIRST READING OF AN ORDINANCE REGULATING SURFACE USE
OF SMETANA LAKE
X. PETITIONS,REQUESTS AND COMMUNICATIONS
XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XII. APPOINTMENTS
CITY COUNCIL AGENDA
July 10,2001
Page 3
XIII. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Report on Leadership Effectiveness Workshops
B. REPORT OF CITY MANAGER
C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR
D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL
SERVICES DIRECTOR
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. ADOPT POSITION PAPER ON FLYING CLOUD AIRPORT EXPANSION
PREPARED BY CITY STAFF AND SPECIAL AIRPORT LEGAL
COUNSEL
B. CLOSED SESSION ON LITIGATION
XV. ADJOURNMENT
VA,
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY,JUNE 19,2001 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ron Case, Jan
Mosman, and Nancy Tyra-Lukens
CITY STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert,
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 7:03 p.m.
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
Mayor Harris said Council Forum is held the first and third Tuesdays of the month from
6:30 — 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.
IV. PROCLAMATION DESIGNATING JULY AS PARKS AND RECREATION
MONTH IN EDEN PRAIRIE
Mayor Harris read the proclamation designation July as Parks and Recreation Month in
Eden Prairie and encourages all citizens to celebrate by participating in park and
recreation.
V. PRESENTATION OF MINNESOTA RECREATION AND PARKS
ASSOCIATION AWARDS OF EXCELLENCE
Donna Tilsner, from the Minnesota Recreation and Parks Association Awards
Committee,presented the City with two awards. She said residents could be proud of the
services and facilities in Eden Prairie. One award was for Administrative or Management
Strategies with Technology, which was presented for the use of technology through the
2000 Community Forum to better serve the City's residents. The other award was for
Communications, and was presented for the park interpretive panels recently placed
throughout the City at the various historic sites and environmental areas.
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June 19,2001
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VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Butcher moved, seconded by Tyra-Lukens, to approve the agenda as published.
Motion carried 5-0.
VII. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 5,2001
MOTION: Tyra-Lukens moved, seconded by Case, to approve the minutes of
the Council Workshop held Tuesday, June 5, 2001, as published. Motion carried
5-0.
B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 5,2001
Butcher made a correction on page 9 in the first paragraph, the seventh sentence,
which should read". . . with the help of City staff and the Planning Board, . . ."
She made a correction on page 16 in the second paragraph, the second sentence,
which should read"One neighbor reported currently construction on the site . . ."
Tyra-Lukens made a correction on page 9 in the second paragraph, the third
sentence, which should read ". . . the proponent made previously that mixed-use
housing . . ." Mayor Harris made a correction on page 16 in the first paragraph,
the last word in the first sentence should be "amendment." The third paragraph
on that page should be corrected to read". . . an acre of land 25-feet deep . . ."
She also made a correction on page 22 in the fifth paragraph, the first sentence,
which should read "Mayor Harris asked what is the possibility of Hartford being
able to . . ."
MOTION: Mosman moved, seconded by Butcher, to approve the minutes of the
City Council Meeting held Tuesday, June 5, 2001, as published and amended.
Motion carried 4-0-1, with Case abstaining due to his absence for part of the
meeting.
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. BLUFF COUNTRY VILLAGE AMENDMENT by The Bluffs Company. 2nd
Reading Planned Unit Development District Review on 7.2 acres, Zoning District
Amendment within the Neighborhood Commercial Zoning District on 4.0 acres,
Zoning District Change from Rural to Neighborhood Commercial on 3.0 acres,
and Site Plan Review on 7.2 acres. Location: Pioneer Trail and Hennepin Town
Road. (Ordinance No. 18-2001-PUD-13-2001 for PUD District Review,
Zoning Amendment and Zoning Change and Resolution No. 2001-105 for
Site Plan Review)
C. FLYING CLOUD BUSINESS PARK by Moen-Leuer Construction. 2nd
Reading for Planned Unit Development District Review with waivers on 19.3
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acres, Zoning District Change from Rural to the I-2 Zoning District on 19.3 acres,
and Site Plan Review on 19.3. Location: Northwest Corner of Pioneer Trail and
Flying Cloud Drive. (Ordinance No. 19-2001-PUD-14-2001 for PUD District
Review and Zoning Change and Resolution No. 2001-106 for Site Plan
Review)
D. ADOPT RESOLUTION NO. 2001-107 APPROVING THE FINAL PLAT
OF FLYING CLOUD BUSINESS PARK
E. ADOPT RESOLUTION NO. 2001-108 DECLARING THE CITY'S INTENT
TO EXERCISE LOCAL TRANSIT LEVY OPTION FOR TAXES IN 2002
F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR
TRAFFIC, TRAIL, AND WATERMAIN IMPROVEMENTS AT THE
INTERSECTION OF TH 212 / VALLEY VIEW ROAD / BRYANT LAKE
DRIVE,I.C. 01-5543
G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH URS
CORPORATION FOR THE 2001 BOG-MONITORING PROGRAM AT
THE BEARPARTH GOLF AND COUNTRY CLUB
H. APPROVE HENNEPIN COUNTY RIGHT-OF-WAY USER
REGISTRATION APPLICATION
I. APPROVE RAISING AMOUNT OF DUES PAID TO THE I-494
CORRIDOR COMMISSION FROM 10 CENTS PER CAPITA TO
TWENTY CENTS PER CAPITA
J. APPROVE 2ND READING OF ORDINANCE NO. 20-2001 REPEALING
CITY CODE SECTION 2.27 AND ABOLISHING THE FLYING CLOUD
ADVISORY COMMISSION
MOTION: Tyra-Lukens moved, seconded by Mosman, to approve Items A-J on the
Consent Calendar. Motion carried 5-0.
IX. PUBLIC HEARINGS/MEETINGS
A. PROPOSED REFUNDING OF PARK AT CITY WEST APARTMENTS
HOUSING REVENUE BONDS (Resolution)
Enger reported the proponent was not ready to proceed, and requested
continuance of the public hearing to the Council meeting on August 7,2001.
MOTION: Case moved, seconded by Mosman,to continue the public hearing on
proposed refunding of Park at City West Apartments Housing Revenue Bonds to
the August 7,2001 City Council meeting. Motion carried 5-0.
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B. FEDERAL LOCAL LAW ENFORCEMENT BLOCK GRANT
Enger said the Eden Prairie Police Department applied for and was awarded a
Federal Local Law Enforcement Block Grant, in the amount of$10,327, with a
matching amount of$1,147. The Police Department intends to use the money to
replace the outdated "digital imaging booking system", which will no longer be
supported by the County and State. The total cost of the equipment will be less
than $18,000; general operating budget funds will make up the difference, if
necessary. Prior to receiving the grant, the City is required to conduct a public
hearing to allow for public comment on the use of the grant.
Mayor Harris asked if anyone wished to address the Council. No one did.
MOTION: Mosman moved, seconded by Tyra-Lukens, to close the public
hearing; and direct staff to complete the Federal requirements as outlined in the
fiscal year 2000 Local Law Enforcement Block Grant award. Motion carried
5-0.
X. PAYMENT OF CLAIMS
MOTION: Case moved, seconded by Butcher, to approve Payment of Claims. Motion
was approved on a roll call vote, with Butcher, Case, Mosman, Tyra-Lukens and
Harris voting"aye."
XI. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE
SECTION 3.30 TO CLARIFY WATER USAGE RESTRICTIONS
Enger said this ordinance is proposed to amend City Code Section 3.30 to clarify
the water usage restrictions within the City. Current water usage requirements are
outlined in Section 3.30, Subdivision 6, entitled Water Emergencies. The
proposed ordinance will separate the Water Emergency requirements from the
Water Usage Restrictions that are currently enforced year around,while clarifying
and simplifying the language within Section 3.30.
MOTION: Tyra-Lukens moved, seconded by Mosman, to approve 1st Reading
of an Ordinance amending City Code Section 3.30 to clarify water usage
restrictions. Motion carried 5-0.
B. FIRST READING OF ORDINANCE REPEALING ORDINANCE NO. 2-
2001, WHICH GRANTED A CABLE SYSTEM FRANCHISE TO
EVEREST MINNESOTA,LLC
Enger explained Michael Deggendorf of Everest Minnesota, LLC, sent a letter
dated March 9, 2001, to Brian Grogan, Southwest Suburban Cable
Commission/Moss &Barnett, requesting that its application for a cable television
franchise be withdrawn due to marketplace factors. Eden Prairie is a member of
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June 19,2001
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the Southwest Suburban Cable Commission, and Councilmember Case serves as
the Chair. The Cable Commission believed that it would be best for the City to
re-negotiate when and if additional requests came in. City Attorney Ric Rosow
indicated that the appropriate action would be for the Council to approve an
Ordinance repealing the Ordinance passed in 2000 that granted the cable
franchise.
MOTION: Tyra-Lukens moved, seconded by Case, to approve 1st Reading of an
Ordinance repealing Ordinance No. 2-2001, which granted a Cable System
Franchise to Everest Minnesota,LLC. Motion carried 5-0.
C. FIRST READING OF ORDINANCE REPEALING ORDINANCE NO. 3-
2001, WHICH GRANTED A CABLE SYSTEM FRANCHISE TO
WIDEOPENWEST MINNESOTA,LLC
Enger said Craig Martin of WideOpenWest Minnesota, LLC, sent a request to
Brian Grogan, Southwest Suburban Cable Commission/Moss & Barnett, dated
March 23, 2001, for withdrawal of its application for a cable television franchise
due to marketplace factors.
MOTION: Mosman moved, seconded by Tyra-Lukens, to approve 1st Reading
of an Ordinance repealing Ordinance No. 3-2001, which granted a Cable System
Franchise to WideOpenWest Minnesota, LLC. Motion carried 5-0.
XII. PETITIONS,REQUESTS AND COMMUNICATIONS
A. MORRAINE WAY POND
Enger said the neighborhood adjacent to the Morraine Way Pond has requested an
opportunity to present their views regarding the declining water levels in the
Morraine Way Pond. Council has copies of the petition submitted last year and
the City's report, dated April 10, 2001, mailed to neighbors along with a letter of
transmittal, dated April 27, 2001. In addition the Council has a letter from
Sheldon Michaletz, dated May 8, 2001, notes from Dick and Ruth Nubson, dated
May 6, 2001, and copies of photos of the pond. In its report, the City concluded
that nothing pointed to a specific event that caused the pond levels to drop.
Brad Johnson, 15535 Morraine Way, spoke on behalf of the residents who signed
the petition and live around the pond on Morraine Way, Red Rock Road, View
Lane and Canyon Ridge. One reason they bought their houses was because of the
pond adjacent to their properties. It is not a matter of property value, but is an
environmental value to keep nature areas within the City.
Ruth Nubson, 15505 Morraine Way, said their history with the pond goes back to
1976 when they bought this property. At that time there was a full pond all the
way to Red Rock Lake. There were fish in the pond, and they built wood duck
houses out in the pond. Now those houses are 35 feet from the water's edge. In
1984 there was a major issue with the pond when Village Woods and View Lane
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were constructed. Deep sanitary and storm sewers were installed, along with a
pumping station. A dewatering system, with a vacuum pump and sand points,
was installed. It ran continuously most of the summer. Mrs. Nubson said she
inquired about this from the contractor and was told it would be looked into, but
she never heard anything. According to the City's data about the elevation of the
pond, from 1984-1985 the pond level dropped nearly 3 feet, which was during
this construction period. Red Rock Lake has been at a higher elevation since that
time. She and her husband believe that the natural spring was diverted into Red
Rock Lake during construction.
Dick Nubson displayed a graph showing the amount of annual precipitation from
1975 to 2000. During the construction period of 1984-1985,the pond dropped 2.7
feet when there was above-average rainfall. The pond level now is 850.4 feet
above sea level, even with all the rain that has fallen this year. He would like to
see if the City or DNR could divert water into the pond that now drains along
Morraine Way into Red Rock Lake. The desire of the neighborhood is to rebuild
the pond, if possible.
Marcia Turner, 15475 Morraine Way, said she has lived in the area since 1989.
Up until the spring of 2000 the water level was quite stable. Prior to 2000 they
could canoe on the pond in the summer and ice skate on it in the winter. In the
early spring of 2000 it was as though a drain had opened up, because the water
level dropped so fast. She made a call to the DNR and spoke to a hydrologist,
Travis Germundson. He said the pond is registered as a protected wetland area,
because it had been more than six acres of open water. Larry Samstad, the owner
of Itasca Engineering, who deals with watershed areas and water management
engineering, came out to look at the pond. Ms. Turner asked if the dewatering
done when T.H. 212 was being constructed near the end of Red Rock Lake could
affect this pond. He said sometimes during dewatering operations a suction is
created that could break a seal in the bottom of the pond, allowing water to seep
out. Peter Liet from the DNR also looked at the pond. He said that on May 9,
2000 the DNR had received complaints about the water level going down, which
was the same time as the dewatering operation was going on. He agreed it didn't
seem to be a simple lack of rain last year and warranted more investigation.
Travis Germundson said the Wetland Conservation Act provides for restoration of
ponds and wetlands and suggested this pond might be eligible.
Johnson said the neighbors hate to see a natural resource like this pond go away.
Three possible solutions mentioned might be to recapture the rainwater that is
now running into Red Rock Lake, undo some of the dewatering operations
associated with construction, and establish this area as part of a wetlands project
in conjunction with the DNR.
Mayor Harris asked Gene Dietz if it is possible to repair a seal in the bottom of a
pond once it is broken. She also asked if the City has any information that there
was a diversion of any "spring" feeding this pond during those construction
periods, and how this pond is faring compared with other ponds in the City.
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CITY COUNCIL MINUTES
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Page 7
Dietz replied he believed it is possible to repair a broken seal. It consists of
digging in an expansive clay at the bottom of the pond,which expands and repairs
the broken seal. He said he would talk to Larry Samstad about this and see if they
can find a broken seal. However, there was really never any construction within
the pond area. The area of T.H. 212 where dewatering took place was 1800 feet
due west of the Morraine Way Pond. In order for the ground water there to be
connected to the pond,the line of the bottom of the pond would have to clip below
the wetland area between the road construction and the pond. MnDOT does not
believe the road construction project had an impact on the pond.
Dietz suggested that all the construction that has occurred in the area to create the
infrastructure has probably had some impact. However, the 1984-1985 drop of 3
feet in the pond's water level was based on information gathered prior to the start
of road construction in the east end of Canyon Ridge. The neighborhood began to
develop in 1975, but the sanitary sewer was installed in the late 1960s when the
first residents moved in. In the late 1980s, when the neighborhood was fully
developed, the combination of installation of utilities to serve all the homes
around the pond, and the sump pumps in those homes, have probably diverted the
flow of water. Dietz said the drop in the water level might have been caused by
diversion of a spring.
Dietz added that the pond on Scenic Heights has suffered over the years but has
recovered more than the Morraine Way Pond. That has something to do with the
drainage area. Ideally there is a ratio of 8 to 12 acres of catchment area to an acre
of surface water to keep a pond viable. The Morraine Way Pond has rather a
small drainage-area-to-pond-area ratio and has fared less favorably than others in
the City.
Mayor Harris asked what would be involved in trying to obtain funds from the
restoration program connected with the Wetland Conservation Act? Dietz replied
Morraine Way pond is still a wetland, although not the same type it was. There
are seven or eight different types of wetlands. A wetland is defined as having
water at or near the surface of the ground for a period of time each year. While it
may be possible to do this as mitigation site,because it is still a wetland,regulated
by the DNR, he doubted that Morraine Way Pond would qualify. However, if it
qualified, developers would be willing to use it for mitigation purposes.
Occasionally the City needs mitigation sites and may be able to use Morraine
Way Pond for this purpose.
Dietz said he was pleased that the DNR has looked at the pond. The City does not
have a ground water hydrologist on its staff, so was not able to do ground water
testing. Perhaps to give the request more importance, it would be worthwhile for
the City Council to provide a resolution requesting that the DNR do some
investigation to find out what happened. In addition, perhaps the Riley-
Purgatory-Bluff Creek Watershed District could be asked to get involved.
However, finding out what happened is one thing and doing something to correct
it may be something else.
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June 19,2001
Page 8
Dietz added it would be technically possible to put a lift station in Red Rock Lake
and pump the water back up. The DNR would govern that work. There is a water
quality issue with the idea of diverting some storm water into the pond. Storm
sewers are not routed through NURP ponds and so whatever is on the street would
go into the Morraine Way Pond. It would also be fairly expensive to do this, but
could possibly be done.
Case asked if the 1991 Wetland Conservation Act permits natural wetland areas to
function as NURP ponds. Dietz replied a NURP pond can be put into the edge of
a wetland but it would have to be mitigated. Case asked if the Morraine Way
Pond could become a NURP pond. It appears that right now this water is flowing
into Red Rock Lake without going through a NURP pond, and it would be better
if it did. Dietz replied it might be possible to utilize it as a NURP pond. He
believed the minimum requirements for a DNR-regulated wetland is two acres
rather than six. When smaller than two acres it would be the City's choice;
otherwise that would be a decision for the DNR to make. Case asked if there
would be federal money available to create a NURP pond where there is none.
Dietz said he was not aware of any.
Butcher said it seems this is a multi-step process. A hydrologist from the DNR
should be requested to come out and investigate. Even if there were a broken
seal, it seems with all the rain there has been lately the pond would have been
altered to some degree. Dietz said the most recent analogy is Birch Island Lake,
when Crosstown was extended along the edge of Birch Island Lake and the water
level dropped dramatically. Barr Engineering, the engineers for the Nine-Mile
Creek Watershed District, began an investigation about eight years ago, and they
have yet to come to a conclusion as to what was the cause and how to fix it.
Mosman said when I-35W was constructed 35 years ago, the water level of the
pond at Woodlake Nature Center dropped to almost nothing. There was an
expensive major undertaking to dredge it out,put in a clay liner and another kind
of liner and restore the pond. There would be educational value in focusing on
Morraine Way Pond and bringing in the DRN and watershed district to investigate
the problem. It is increasingly important for the City to learn whatever it can to
retain these wetlands.
MOTION: Mosman moved, seconded by Case, to receive the information
submitted by the Morraine Way Pond neighborhood, and refer the issue to City
staff to prepare a resolution for Council action at its next meeting requesting that
the DNR evaluate the pond. Motion carried 5-0.
XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XIV. APPOINTMENTS
A. PARKS AND RECREATION CITIZEN ADVISORY COMMISSION
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Enger explained that John Murray tendered his resignation from the Parks and
Recreation Citizen Advisory Commission effective June 1,2001. Susan Dickman
has expressed interest in reappointment to the Parks and Recreation Citizen
Advisory Commission by filling the position vacated by John Murray.
MOTION: Case moved, seconded by Butcher, to accept the resignation of John
Murray II from the Parks and Recreation Citizen Advisory Commission effective
June 1, 2001. Motion carried 5-0.
MOTION: Case moved, seconded by Butcher, to appoint Susan Dickman to the
Parks and Recreation Citizen Advisory Commission, term to expire March 31,
2002. Motion carried 5-0.
XV. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
1. Setting Date of Next City Council Meeting
Enger suggested the Council meet on July 10, as not all Councilmembers
can be present on July 17. There would be only one meeting in July. The
budget could be presented at the August 7 Council Workshop. Public
hearings to be held in July can be published to meet the deadline for the
July 10 Council meeting.
MOTION: Case moved, seconded by Butcher, to hold the City Council
meeting on July 10 rather than July 17,2001. Motion carried 5-0.
2. Discussion of Mining Operation at Grace Church
Enger said at the June 5 meeting, Council reviewed the request of Grace
Church for permission to mine sand and they discussed amending the
Developer's Agreement. Staff determined that an amendment to the
Developer's Agreement would require a public hearing. It would be set
for the July 10 Council meeting.
Enger said City Attorney Rosow was asked at the last Council meeting to
find out if interstate commerce laws would apply to the question of
whether the sand from the mining operation could be taken out of Eden
Prairie, and also whether fill should come only from an exchange of soils,
not from another location outside the City. The concern was how much
truck traffic there would be. City Attorney Rosow said at the last meeting
he would check into it.
Pauly said has hadn't discussed this with Rosow. However, in light of the
litigation a few years ago in Minnesota regarding garbage not being
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June 19,2001
Page 10
hauled outside the state, that prohibition was overturned because it
violated the commerce clause. If the City were to prohibit transportation
of soil out of the state and the receipt of other soil from out of state, the
interstate commerce clause might apply. However, a person who would
attack the limitation on that ground would have to show that all of the sand
or soil was being taken out of or into the state. Pauly said with regard to
limiting the transportation of soils within the City, the question would
become, is there a rational basis for doing so? If it has to do with limiting
the traffic flowing through the City,he believed the City could limit it.
Dietz said what will emerge from this is an amendment to the Developer's
Agreement, which is a contract, and the church would have to agree to its
provisions. The church offered the option of keeping the soil within Eden
Prairie. So it is not an issue of the City having a law that states the church
can't do something,it would be a contract that states they won't.
Mayor Harris said the City would set parameters in the Developer's
Agreement regarding length of time, hours of day and the season. Also,
the Council discussed having a trial period.
Tyra-Lukens said she wanted the Council to consider the whole issue of
the soil exchange concept, because it seemed to be a good idea to use the
soil within Eden Prairie. At the June 5 meeting, she had asked Bob Solfelt
from Grace Church if soil coming back in to church property would be
brought from within the City, and he said no. She asked if trucks are
bringing aggregate from Maple Grove to Eden Prairie and then going
back, how is that different from the trucks bringing fill to Eden Prairie,
dropping it off at Grace Church and then going back to Maple Grove?
There would be the same amount of truck traffic.
Case said the Council has to have that question answered when it is
brought back, so Councilmembers can make a knowledgeable decision.
The question of whether the City is allowed to limit the amount of truck
traffic has to be answered.
Enger explained it is necessary have a public hearing in order to amend
the Developer's Agreement. Case said he would like to have this
discussion in conjunction with a public hearing, and to have that date set
for July 10.
C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR
D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL
SERVICES DIRECTOR
1. 2000 Comprehensive Annual Financial Report(CAFR)
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Uram introduced Steve Wischmann, Manager in the accounting firm of
Kern,DeWenter,Viere,Ltd.,to make the presentation of the 2000 CAFR.
Mr. Wischmann said there are several reports generated as a result of the
audit process. The largest one is the Comprehensive Annual Financial
Report, which is generated to be in accordance with the Government
Finance Officers Association Certificate of Achievement. The auditors
fully expect it is in compliance, and they are providing their unqualified
opinion on the financial statements, which is the highest a City can
receive.
There is also a supplemental report to test various aspects of laws and
regulations. The City had sufficient federal dollars flowing through the
books that the auditors had to perform a single audit in accordance with
the federal standards. This report concludes there were no compliance
findings for either federal or Minnesota audit standards. Both this year
and last year the City was in compliance,which is exceptional.
The 2000 General Fund, which is the major operating fund for the City,
showed a total revenue of $27,364,000. There was significant revenue
growth, as the City continues to develop more licenses and permits. With
regard to General Fund expenditures, the largest expenditures are for
Public Safety and General Government. Revenues are over budget and
expenditures are under budget. The unreserved fund balance had the
largest increase, or 31 percent of the budget expenditure. The Council's
policy is to approximate a level of 40 percent, so it is on the way to
making that goal. The water and sewer revenues and storm drainage
revenues exceeded expenditures. Liquor operations showed an increase in
sales in 2000.
There are some future issues relating to new governmental reporting
standards, and the accounting firm will be making recommendations to
implement those procedures that would be effective for the 2003 audit.
MOTION: Case moved, seconded by Butcher, to accept the 2000
Comprehensive Annual Financial Report(CAFR). Motion carried 5-0.
E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR
1. Outside Storage Facility Acquisition
Dietz reported that at the July 18, 2000 Council meeting, the Council
authorized staff to negotiate a purchase agreement with Woodlake
Sanitary Services for a 17-acre site for an outside storage facility. The
Purchase Agreement is in the amount of$1,200,000.
The ground water under the site is contaminated. It contains volatile
organic material of a type often found in airplane degreasers. However,
CITY COUNCIL MINUTES
June 19,2001
Page 12
the ground water will not interfere with the City's use of the site. In the
purchase agreement there is a"due diligence"period of 60 days to resolve
two issues. A key issue is to get a "No Action Required" letter from the
Minnesota Pollution Control Agency to mark in time what contaminants
might be in the ground water and who would not be responsible in the
future for it. The other issue is with regard to getting good access to T.H.
212,to be resolved with MnDOT.
This property is in a good location, on the east side of T.H. 212. There are
no neighbors in close proximity. The site would be used by Public Works
as a staging area for operations, including storage of aggregate for seal-
coating operations. Off-season equipment would be stored on the site. It
would be used for vehicles that are confiscated, which the City pays for
now. Trees that are blown down on City property could be taken there. A
building for storing salt and sand would be built on the site.
Case said he agrees this is the right site and it is needed. However, he
questioned the price, which comes to $70,000 per acre for land that
probably cannot be built on. Dietz replied Woodlake had some second
thoughts about selling the property for that price; they believed they could
get more for it. Just east of this area property has been priced at $100,000
per acre and Charlston is asking$200,000 per acre for his land. Woodlake
assumed half the site was buildable, as about nine acres could be built high
enough to accommodate development. Dietz has discussed the price with
the assessor's office, and was told it was not excessive.
Butcher said one challenge would be the aesthetics of the site. If large
equipment and piles of salt are stored there, it needs to be screened as
much as possible. Dietz explained the site is 1000 feet south of Pioneer
Trail, across from the most southerly aviation building. There is a tree
mass on the north end and the City would be berming along T.H. 212.
Enger said he challenged the staff to scrutinize this deal and also to
consider if the property could be used for a joint Public Safety training
location for both fire and police. Edina's park bond issue recently did not
pass and the City Council is discussing whether or not to dispose of the
Braemar training site. Eden Prairie staff has been looking for a site in
Eden Prairie. If the City provided the site that could also be used by
neighboring communities,it would save the City$1.5 million.
Tyra-Lukens commented about the long list of additional uses for the
property and especially for a Public Safety Training facility site.
MOTION: Tyra-Lukens moved, seconded by Case, to approve a
purchase agreement with Woodlake Sanitary Service, Inc. for the
acquisition of 17.21 acres in the amount of$1,200,000. Motion carried
5-0.
CITY COUNCIL MINUTES
June 19,2001
Page 13
F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR
G. REPORT OF MANAGEMENT SERVICES DIRECTOR
H. REPORT OF CITY ATTORNEY
XVI. OTHER BUSINESS
A. CLOSED SESSION ON LITIGATION
Roger Pauly requested that the Council meet in a closed session to consider
potential litigation relating to the proposed Flying Cloud Airport expansion.
XVII. ADJOURNMENT
MOTION: Case moved, seconded by Butcher, to close this meeting and move to a
closed session. Motion carried 5-0. Mayor Harris adjourned the meeting to the closed
session at 8:40 p.m.
13
CITY COUNCIL AGENDA DATE:
July 10,2001
SECTION: Consent Calendar
SERVICE AREA: ITEM DESCRIPTION: ITEM NO.:
City Manager Second Reading of Ordinance Repealing
Chris Enger Ordinance No. 2-2001,which granted a Cable L./-
System Franchise to Everest Minnesota,LLC
Requested Action
Move to: Approve 2nd Reading of an Ordinance repealing Ordinance No. 2-2001,which granted a Cable
System Franchise to Everest Minnesota,LLC.
Synopsis
Brian Grogan, Southwest Suburban Cable Commission/Moss&Barnett,received a letter from Michael
Deggendorf of Everest, dated March 9,2001,requesting that its application for a cable television franchise
be withdrawn due to marketplace factors. City Attorney Ric Rosow indicated that the appropriate action
would be to approve an Ordinance repealing the Ordinance that granted the cable franchise.
Background
Attachment
Ordinance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY MINNESOTA
ORDINANCE NO.21-2001
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, REPEALING ORDINANCE NO.
2-2001 WHICH GRANTED EVEREST MINNESOTA LICENSEE, LLC A FRANCHISE
TO OPERATE A CABLE SYSTEM WITHIN THE CITY.
WHEREAS, In April 2000, Everest Minnesota Licensee, LLC ("Everest") requested that
the City of Eden Prairie,Minnesota("City") commence proceedings under Minn. Stat. § 238.081
to consider the grant of a cable television franchise ("Franchise")to Everest.
WHEREAS, On January 16, 2001, the City adopted an Ordinance granting Everest a
Franchise to own and operate a cable system within the City subject to acceptance by Everest.
WHEREAS, On March 9, 2001, Everest Minnesota Licensee, LLC informed the City
that it was unable to accept the Ordinance granting a Franchise due to adverse market conditions.
NOW THEREFORE, THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA
ORDAINS:
Section 1. Ordinance No. 2-2001 is hereby repealed in its entirety.
Section 2. 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
19th day of June, 2001, and finally read and adopted and ordered published at a regular meeting
of the City Council of said Council on the 10th day of July,2001.
ATTEST:
Kathleen Porta, City Clerk Jean L. Harris,Mayor
PUBLISHED in the Eden Prairie News on the day of ,2001.
CITY COUNCIL AGENDA DATE:
July 10,2001
SECTION: Consent Calendar
SERVICE AREA: ITEM DESCRIPTION: ITEM NO.:
City Manager Second Reading of Ordinance Repealing
Chris Enger Ordinance No. 3-2001,which granted a Cable t g
System Franchise to WideOpenWest Minnesota,
LLC
Requested Action
Move to: Approve 2°d reading of an Ordinance repealing Ordinance No. 3-2001,which granted a Cable
System Franchise to WideOpenWest Minnesota,LLC.
Synopsis
Brian Grogan, Southwest Suburban Cable Commission/Moss &Barnett,received a letter from Craig Martin
of WideOpenWest,dated March 23,2001,requesting that its application for a cable television franchise be
withdrawn due to marketplace factors. City Attorney Ric Rosow indicated that the appropriate action would
be to approve an Ordinance repealing the Ordinance that granted the cable franchise.
Background
Attachment
Ordinance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY MINNESOTA
ORDINANCE NO.22-2001
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, REPEALING ORDINANCE NO. 3-
2001 WHICH GRANTED WIDEOPENWEST MINNESOTA, LLC A FRANCHISE TO
OPERATE A CABLE SYSTEM WITHIN THE CITY.
WHEREAS, In April 2000, WideOpenWest Minnesota, LLC ("WideOpenWest")
requested that the City of Eden Prairie, Minnesota ("City") commence proceedings under Minn.
Stat. § 238.081 to consider the grant of a cable television franchise ("Franchise") to
WideOpenWest.
WHEREAS, On January 16, 2001, the City adopted an Ordinance granting
WideOpenWest a Franchise to own and operate a cable system within the City subject to
acceptance by WideOpenWest.
WHEREAS, On March 23, 2001, WideOpenWest, LLC informed the City that it was
unable to accept the Ordinance granting a Franchise due to adverse market conditions.
NOW THEREFORE, THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA
ORDAINS:
Section 1. Ordinance No. 3-2001 is hereby repealed in its entirety.
Section 2. 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
19th day of June, 2001, and finally read and adopted and ordered published at a regular meeting
of the City Council of said Council on the 10th day of July,2001.
ATTEST:
Kathleen Porta, City Clerk Jean L. Harris,Mayor
PUBLISHED in the Eden Prairie News on the day of ,2001.
a
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar
July 10,2001
SERVICE AREA/DIVISION: ITEM DESCRIPTION:
Public Works Service Area 2°a Reading of an Ordinance Amending ITEM NO.:
Leslie Stowing City Code 3.30 to Clarify Water Usage a C
Eugene Dietz Restrictions
Requested Action
Move to: Approve 2nd reading of an Ordinance amending City Code Section 3.30 to clarify
water usage.
Synopsis
This ordinance is proposed to amend City Code Section 3.30 to clarify the water usage restrictions
within the City. Current water usage requirements are outlined in Section 3.30, Subdivision 6
entitled Water Emergencies. The proposed ordinance will separate the Water Emergency
requirements from the Water Usage Restrictions that are currently enforced year round while
clarifying and simplifying the language within Section 3.30.
Background Information
The proposed revision of Section 3.30 through amendment of Subdivision 6,"Water Emergencies",
and addition of Subdivision 12, "Water Usage Restrictions",will serve to clarify and simplify the
current water usage restrictions as a year round procedure and separate these restrictions from the
Water Emergency procedures that can be implemented in extreme conditions as necessary.
Attachments
Ordinance .
i
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. -2001
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY
CODE CHAPTER 3,RULES AND REGULATIONS RELATING TO WATER SERVICE,
BY AMENDING SECTION 3.30, SUBDIVISION 6 AND ADDING SECTION 3.30
SUBDIVISION 12 RELATING TO ESTABLISHMENT OF STANDARDS FOR WATER
USAGE AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION
3.99,WHICH AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS:
Section 1. City Code Chapter 3 is amended by amending Section 3.30, Subdivision 6
entitled"Water Emergencies"as follows:
Subd. 6. Water Emergencies.
A. Whenever in the judgment of the City Manager, or his designee,the water pressure and
available water in the municipal water system reaches a level which endangers the public health
or safety of residents and other persons in the City,he may declare a state of water emergency
which shall continue until such time as he shall determine that the danger to public health or
• safety no longer exists. Forthwith upon the declaration of a state of water emergency notice
thereof shall be given to the news media, and all orders of the City Manager, or his designee,
issued pursuant thereto shall be enforced after one hour has elapsed from the time of such notice.
B. During the existence of a state of water emergency the City Manager, or his designee,
may,by order, impose restrictions on sprinkling, irrigation or other utilization of water from the
City's municipal water system including,but not limited to: (1) total prohibition of watering,
sprinkling, or irrigation of lawn, grass or turf(hereinafter referred to as"irrigation")or(2)
prohibition of irrigation on alternating days or during certain hours.
C. "Municipal water system"means City owned wells,pipes, storage, treatment and related
facilities for producing, storing and distributing water.
D. Failure to comply with restrictions or prohibitions imposed by the City Manager, or his
designee, shall result in a surcharge for water service for each day of violation in an amount
determined by resolution of the City Council which shall be added to the water bill for the
premises on which such violation occurs. The City Manager, or his designee, shall mail a Notice
of Surcharge to the violator upon imposition of a surcharge. Continued violations after receipt of
the Notice of Surcharge shall be cause for discontinuance of water service to such premises.
Receipt of the Notice of Surcharge shall be presumed three(3) days after mailing by the City
Manager, or his designee.
E. Unlawful Act. It is a petty misdemeanor for any person to violate any provision of this
Subdivision.
Section 2. City Code Chapter is amended by adding Section 3.30 Subdivision 12 as
follows:
Subd. 12. Water Use Restrictions.
A. A person may water, sprinkle,irrigate, or otherwise use water from the City's Municipal
Water System for lawn areas, grass, or turf(hereinafter referred to as"irrigation"or"irrigate")
only on alternating days.
B. Alternating days means that residents with an address ending in an odd number may
irrigate only on odd-numbered days of the month and residents with an address ending in an even
number may irrigate only on even-numbered days of the month.
C. No person may water, sprinkle,irrigate, or otherwise use water from the City's Municipal
Water System for lawn areas, grass, or turf during the hours of 12:01 p.m. through 5:00 p.m. of
any day.
D. Upon written request and approval by the City Manager, or his designee, and subject to
, such terms and conditions imposed by the City Manager, or his designee,with respect to such
approval, the following persons may be authorized to water, sprinkle,irrigate or otherwise utilize
water from the City's municipal water system at times other than as permitted in Subparagraph A
and B hereof:
1. Any person owning or operating a commercial or business enterprise whose economic
well-being is dependent upon irrigation of a lawn, grass or turf owned,leased or operated by it;
2. Employees and agents of the City, in such instances wherein lawn, grass or turf used for
play fields or areas owned and operated by the City require more frequent irrigation to prevent
unreasonable damage thereto;
3. Owners and lessees (their employees and agents) of lands newly sodded or grass seeded
which requires irrigation to prevent loss of new sod, seed or immature turf or grasses for a period
of thirty(30)days.
E. Failure to comply with restrictions or prohibitions imposed by this subdivision shall result
in a surcharge for water service for each day of violation in an amount determined by resolution
of the City Council which shall be added to the water bill for the premises on which such
violation occurs. The City Manager, or his designee, shall mail a Notice of Surcharge to the
violator upon imposition of a surcharge. Continued violations after receipt of the Notice of
Surcharge shall be cause for discontinuance of water service to such premises. Receipt of the
Notice of Surcharge shall be presumed three(3) days after mailing by the City Manager, or his
designee.
3
F. Unlawful Act. It is a petty misdemeanor for any person to violate any provision of this
Subdivision.
Section 3. City Code Chapter 1 entitled"General Provisions and Definition Applicable
to the Entire City Code Including Penalty for Violation" and Section 3.99 entitled"Violation a
Misdemeanor"are hereby adopted in their entirety,by reference, as though repeated verbatim
herein.
Section 4. This ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
day of , 2001, and finally read and adopted and ordered published at a
regular meeting of the City Council on the day of , 2001.
Kathleen Porta, City Clerk Jean L. Harris,Mayor
PUBLISHED in the Eden Prairie News on the day of
`1
CITY COUNCIL AGENDA - DATE:
July 10,2001
SECTION: Consent Calendar
SERVICE AREA/D SION: ITEM DESCRIPTION: I.C. 00-5516 ITEM NO.:
Engineering Service Award Contract for Utility Vehicle Building
Eugene A.Dietz Improvements --V-3-- ,T ,
Requested Action
Move to: Award contract for Utility Vehicle Building Improvements(LC. 00-5516)to Magney .
Construction,Inc.in the amount of$215,700.
Synopsis
Sealed bids were received Thursday, June 21, 2001 for the improvements scheduled for the Utility
Vehicle Building. Four bids were received and are tabulated as follows:
Magney Construction,Inc. $215,700 _
Ebert,Inc. $228,400 . .
Jay Brothers,Inc. $275,725
Terranova,LLC $318,900
Staff recommends award of the contract to the low bidder,Magney Construction,Inc.
Background Information
MnDOT acquired our Parks and Public Works Maintenance facility at the southeast corner of Mitchell
Road and TH 5 for the construction of new TH 212. As part of the negotiated settlement for that
acquisition, MnDOT purchased the entire building, but allowed the City to retain the southerly 10,000
square feet for our use. This all transpired during the time frame that the Water Treatment Plant was
undergoing the final expansion and the decision was made to renovate the remnant of the maintenance
facility for utilization in the utility operation for storage of vehicles and equipment,rather than expand the
Water Plant to serve the same purpose. .
As part of the MnDOT contract,the northerly portion of the maintenance facility was demolished and the
remnant was minimally secured for protection from weather. The responsibility for providing an
architectural finish for the northerly end of the building was and is the responsibility of the City of Eden
Prairie.
•
" This project provides new face materials for the north end of the building and the west side of the
building to make it architecturally compatible with the Water Plant complex. In addition, the roof is
being replaced as part of the project.
Prior to bid opening, the preliminary estimate to perform the construction work was approximately
$297,000. The low bid from Magney Construction, Inc. is very favorable and in accordance with the
recommendation from our consultant, TKDA, staff recommends that Council award the project to
Magney Construction, Inc. in the amount of 215,700. Although deduct alternates were specified in the
contract documents that would have allowed us to reduce costs,the favorable bidding climate resulted in
a very competitive price and staff does not recommend accepting the deduct alternates.
Attachment
Letter from TKDA
I
JUN-26-2001 15:47 651 292 0033 P.02/02
TKDA TNLTZ.KING,DUVALL,ANDERSON
AND ASSOCIATES,INCORPORATED
ENGINEERS•ARCHITECTS• PLANNERS 1500 PIPER JAFFRAYPLAZA
444 CEDAR STREET
SAINT PAUL,MINNESOTA 55101-214o
PHONE 851/292-0400 FAX:651/292-0083
June 26,2001
Mr.Eugene A. Dietz
Director of Public Works
City of Eden Prairie
8080 Mitchell Road •
Eden Prairie,Minnesota 55344-2230
Re: Tabulation of Bids
Utility Vehicle Building Improvements
Improvement Contract No.00-5516
Eden Prairie,Minnesota
TKDA Commission No. 12149-01
Dear Mr.Dietz:
Enclosed for your information is the Tabulation of Bids received for the Construction of the Utility
Vehicle Building Improvements.Four firms submitted bids on June 21, 2001.The bidders along with
their bids are listed below.
Bidder Base Bid Alternate 1 Alternate 2
Deduct Deduct
Magney Construction,Inc. $215,700.00 $1,500.00 '$7.50/LF
Ebert, Inc. $228,400.00 $5,100.00 $30/LF
Jay Brothers, Inc. $275,725.00 $14,000.00 $70/LF
Terranova LLC $318,900.00 $4,000.00 $15/LF
The City has the right to award the contract to the lowest responsible bidder.
TKDA staff has checked the bids submtted by the low bidder and find the low bidder responsible and
their bid proposal meets the requirements of the project specifications.
It is our recommendation that the City award a contract to the low responsible bidder,Maguey
Construction,Inc.for the amount of$215,700.00.
Sincerely,
•
Timothy I.Franzen,
TIF/mas -
DN
An Equal Opportunity Employer _
CITY COUNCIL AGENDA DATE:
July 10,2001
SECTION: Consent Calendar
SERVICE AREA/DIVIS ON: ITEM DESCRIPTION: I.C. 5539 ITEM NO.:
Public Works Services Resolution Requesting DNR Assistance to
Eugene A.Dietz Evaluate Protected Wetland 994W
Requested Action
Move to: Adopt a resolution requesting DNR assistance in resolving low water ,
conditions in the Morraine Way Pond.
Synopsis
As discussed at the June 19, 2001 Council meeting, Council directed staff to prepare a resolution
requesting DNR assistance to evaluate the potential causes and remedial actions that might be
available to resolve the deteriorating water levels in the Morraine Way Pond.
_ CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
RESOLUTION REQUESTING DNR ASSISTANCE
TO EVALUATE PROTECTED WETLAND 994W
WHEREAS, a DNR Protected Wetland (994W) exists within the City of Eden Prairie bounded by the
streets of Morraine Way, Village Woods Drive, View Lane, Canyon Ridge and Red Rock Road
(commonly known as the Morraine Way Pond);
WHEREAS,the Wetland has undergone significant changes in the past 25 years, specifically changes in
open water depths of nearly 15 feet in 1975 to dry conditions in 2000 and nominal depth water areas in
2001;
WHEREAS,neighboring residents have petitioned the City to investigate the cause for the deteriorating
water levels in the wetland complex;
WHEREAS,residents have expressed a concern that the most rapid drawdown in water levels coincided
with the construction Trunk Highway 212 realignment;
WHEREAS,City staff reviewed the problem with MnDOT and found no specific evidence that links the
deteriorating water elevations to a specific project or occurrence;
WHEREAS,the City of Eden Prairie does not employ technical staff trained in ground water hydrology;
WHEREAS, the Department of Natural Resources does employ specialists in the area of ground water
hydrology; and
WHEREAS, a DNR protected resource that is highly valued by neighboring residents, the community
and the broader citizenry of Minnesota could greatly benefit by an analysis of specialists that could lead
to restoration and technical support in similar situations.
NOW,'THEREFORE,BE IT RESOLVED,the Eden Prairie City Council respectfully requests that the
Department of Natural Resources allocate professional staff time to evaluate Wetland Complex 994W
from an historical perspective,the probable causes and influences that have resulted in deteriorating water
levels, potential remedial actions that could restore water elevations in the wetland and provide best
practices that would minimize similar occurrences to our highly valued wetlands both in Eden Prairie and
throughout the State of Minnesota.
BE IT FURTHER RESOLVED, that the City staff be directed to cooperate with DNR staff to make
available all information as may be necessary to complete this analysis.
ADOPTED by the Eden Prairie City Council on July10,2001.
Jean L.Harris,Mayor
ATTEST: SEAL
Kathleen A.Porta,City Clerk
CITY COUNCIL AGENDA DATE:
July 10,2001
SECTION: Consent Calendar
SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 52-130 ITEM NO.:
Engineering Services Proposal for the Design and Construction V F
Randy Newton Administration of the Prairie Center Drive
Eugene A.Dietz Columbine Road Traffic Signal
Requested Action
Move to: Approve proposal for the design and construction administration of the Prairie
Center Drive/Columbine Road Traffic Signal with Alliant Engineering, Inc.
Synopsis
As a result of the planned extension of Columbine Road to Prairie Center Drive a traffic signal is
needed at the Prairie Center Drive/ Columbine Road intersection. In order to incorporate the signal
design with the roadway design of Columbine Road city staff would like to begin the signal design
process.
Background Information
The planned extension of Columbine Road to Prairie Center Drive is currently being designed with
the construction of the roadway expected to begin in the fall of 2001 or the spring of 2002. With the
expected traffic volumes on Columbine Road a traffic signal will be needed at Prairie Center Drive/
Columbine Road intersection to efficiently and safely manage the traffic demand. The extension of
Columbine Road will provide relief to the congested TH 212 (Flying Cloud Drive) corridor by
providing an alternate route to the Major Center Area from neighborhoods to the southwest.
In addition to the new traffic signal the project will also include signal interconnect between
Columbine Road and Technology Drive and several signal timing plans for the adjacent signals on
Prairie Center Drive at Singletree Lane and at Columbine Road.
Financial Implications
The design and construction administration of the Prairie Center Drive / Columbine Road traffic
signal is estimated to cost $19,980. It is anticipated that the traffic signal construction will cost an
additional$175,000.
Attachment
Proposal
Alliant Engineering , Inc .
Engineers • Planners • Landscape Architecture 212 Second Street SE
Suite 300,St.Anthony Main
Minneapolis,MN 55414
Phone:612-362-0432
Fax:612-676-2797
June 22, 2001
Mr.J. Randall Newton,PE
City Traffic Engineer
8080 Mitchell Road
Eden Prairie MN 55344-4485
RE: Proposal for Signal Design Services
Dear Randy:
Thank you for the opportunity to submit this proposal to provide signal design services for the Prairie Center
Drive(PCD)/Columbine Road extension project. My understanding of Alliant Engineering's role on the
project is described below.
Columbine Road is being extended by the City to intersect PCD at the existing intersection with Regional
Center Road. The project includes signalization of the PCD/Columbine Road intersection, and installation of
interconnect conduit and cable along PCD from Columbine Road to Technology Drive (approximately 2000
feet). There are currently two signalized intersections on PCD. Singletree Lane is operating as an isolated
itnersection, and Technology Drive is part of another coordinated system.
The PCD/Columbine Road intersection will be just south of Singletree Lane. Because of the closeness of the
intersections,timing plans will be developed as part of the project to operate these systems in a coordinated
manner. Interconnect will be installed all the way to Technology Drive (approximately 2000 feet total).
Technology Drive will not be included in the system,but the interconnect is needed for future needs.
The traffic signal portion of the project includes installation of a new traffic signal, an on-street master, and
approximately 2000 feet of interconnect conduit and cable. A very rough construction cost estimate for this
portion of the project is$175,000. Hennepin County will have a courtesy review of the plans. Discussion will
be held with Hennepin County to obtain the traffic signal cabinet and on-street master from their existing signal
cabinet contract.
Draft final plans will be prepared by mid-August,contingent on the roadway plan development. The project is
expected to be let this fall,with some roadway construction beginning in 2001. The remainder of the roadway
construction and the traffic signal construction is expected to occur in the spring of 2002. The traffic signal will
be operational in the spring of 2002.
Mr.J.Randall Newton
June 22,2001
Page 2 of 2
Alliant Engineering will prepare construction documents related to the traffic signal system for inclusion in
HTPO's construction documents. Alliant will also provide construction support and inspection, and prepare and
install signal timing plans. A detailed work scope is included in Attachment A. The proposal is organized into
the following sections:
Attachment A- Description of Work Tasks
Attachment B - Staff Hour and Cost Estimate
Attachment C- Project Schedule
Attachment D- Year 2001 Hourly Rate Table
Based on the work scope,associated staff hours, and estimated expenses,the project cost will not exceed
$17,340. If this proposal is acceptable to the City,Alliant Engineering will bill on an hourly basis using the
Year 2001 rate table in Attachment D.
A draft project schedule was developed and included in Attachment C. The schedule includes submitting draft
construction documents by mid-August,resulting in a letting in late September/early October, and construction
beginning in November. It is anticipated that the signal construction will begin in the Spring of 2002.
Thank you for the opportunity to submit this proposal. If you have any questions or comments please call me at
612.676.2772. If you find this proposal acceptable,please sign both originals and return one to me as our notice
to proceed.
Sincerely,
Alliant Engineering,Inc.
4/.1r4// 1/2€4.4---
Robert J. Green,PE,PTOE
Director of Transportation
Jean L. Harris
Mayor
•
Christopher M.Enger
City Manager
3
Attachment A
PCD/Columbine Road Signal Design -
Description of Work Tasks
Page 1 of 3
Task 1.0 Preliminary Design
Description: Develop final intersection geometries and basemapping to be used for the project.
Prepare an electronic basemap in AutoCAD format based on electronic information
provided by HTPO and aerial photography and as-builts provided by Eden Prairie.
Subtasks:
• Obtain the following from the City:
- 20-Year Forecast Traffic Volumes
- Anticipated Opening Day Volumes(including actual count from Singletree Lane)
- Hourly directional tube counts for Prairie Center Drive,preferably for a one
week timeframe.
- Aerial Base Mapping of PCD from Technology Drive to Columbine Road
- As-Builts(same area)
- As-built signal plans for Singletree Lane and Technology Drive
- Current timing information at Singletree Lane
- Signal Justification Report
• Obtain the following from HTPO:
- Electronic file from HTPO showing geometry of proposed PCD/Columbine Road
intersection.
- Utility information,including the area along PCD.
• Prepare AutoCAD drawing of Prairie Center Drive from Technology Drive to
Columbine Road for use in the interconnect plan.Show all key features, including
edge of pavement,lane lines,median locations,and major above ground features
including overhead power
• Conduct a traffic operations analysis using SYNCHRO and SimTRAFFIC for the
PCD/Singletree and PCD I Columbine Road intersections for future conditions.
Based on the anticipated signal operations and proposed lane geometry,determine
storage requirements for all turn lanes. Review curb radii and median nose locations.
Provide summary of geometric review to City and HTPO.
Deliverables: Geometric Review memo,Electronic basemapping for PCD.
Task 2.0 Construction Documents
Description: Prepare traffic signal plans and special provisions for insertion into the roadway plan set
being prepared by HTPO. Traffic signal plans will follow City of Eden Prairie,Hennepin
County,and State Aid guidelines.
Subtasks:
• Prepare preliminary intersection layout showing all major traffic signal features
including the location of mast arm poles,loop detectors,vehicle indications,
pedestrian indications,source of power,and traffic signal cabinet. In addition,the
intersection phasing,loop detector chart,and signal face chart will be completed.
y
Attachment A
PCD/Columbine Road Signal Design -
Description of Work Tasks
Page 2 of 3
• Meet with the City of Eden Prairie and Hennepin County to discuss the project. The
preliminary layout will be submitted to City of Eden Prairie and Hennepin County for
review and comment. Discuss the possibility of obtaining traffic signal cabinet and
on-street master through Hennepin County's contract.
• Based on comments received from the agencies on the preliminary layout,a draft set
of final plans will be developed. The plan set will include the following sheets:
- Details(loop detectors,equipment pad,service equipment,Type D Signs)
- Intersection Layout
- Field Wiring Diagram
- Interconnect Layout
• Prepare special provisions in accordance with City of Eden Prairie and Hennepin
County guidelines. Prepare engineer's estimate based on the draft final layout.
• Submit the draft final plans, special provisions, and engineer's estimate to the City of
Eden Prairie and Hennepin County for review and comment.
• Based on agency comments,revise the plans,prepare final plots(11"x 17"),and
submit to HTPO for inclusion in the final plan set. Revise the special provisions
based on agency comments. Provide HTPO with a hard copy and the City with a
electronic copy(Microsoft Word format). If necessary,revise the engineer's estimate
to account for agency comments.
Deliverables: Draft and Final Plans,Special Provisions,and Engineer's Estimate for inclusion in HTPO
construction document set
Task 3.0 Construction Support
Description: Provide traffic signal related support during the bidding process and during construction.
Subtasks:
• Answer questions during bidding process.
• Attend pre-construction meeting
• Review and approve shop drawing submittals
• Provide inspection during traffic signal construction. It is anticipated that
approximately 20 hours per week for four weeks will be required.
• Provide final inspection and punch list for the traffic signal construction.
Deliverables: Shop Drawing Approvals,Inspection Diary,Final Inspection List
•
Attachment A
PCD/Columbine Road Signal Design -Description of Work Tasks
Page 3 of 3
Task 4.0 Signal Timing
Description: Develop,Install,and Field verify signal timing plans for PCD/Columbine Road and
PCD/Singletree Lane.
Subtasks:
• Develop clearance interval and actuated controller settings for PCD/Columbine Road
- based on anticipated opening day volumes.
• Develop up to six coordinated plans for the two intersection system (three time
periods,two cycle lengths)using SYNCHRO and SimTRAFFIC.
• Install coordinated plans in On-Street Master
• Coordinate signal turn-on and review traffic operations
• Field adjust timing plans for each time period.
Deliverables: Actuated controller settings,six coordinated timing plans for two intersection system.
Task 5.0 Signal Timing Adjustment
Description: After traffic on Columbine Road stabilizes(1-3 months), adjust signal timing to
match actual traffic patterns.
Subtasks:
• Obtain tube counts and peak hour turning movement counts from City.And
compare to estimated volumes.
• Analyze signal timing plans and adjust as necessary.
• Field review traffic operations and adjust signal timing plans.
Deliverables: Actuated controller settings, six coordinated timing plans for two intersection system.
Attachment B
Staff Hour and Cost Estimate
PCD at Columbine Road
Estimated Staff Hours
Project
Work Task Manager Technician TOTAL
1.0 Preliminary Design 8 8 16
2.0 Construction Documents 24 60 84
3.0 Construction Support 24 80 104
4.0 Signal Timing 24 0 24
5.0 Follow-up Signal Timing ' 24 0 24
TOTAL 104 148 252
LABOR RATES $110.00 $55.00
SUBTOTAL LABOR COST $11,440.00 $8,140.00 $19,580.00
EXPENSES
Mileage $300.00
Mail/Delivery $50.00
Document Reproduction $50.00
SUBTOTAL EXPENSES $400.00
TOTAL PROJECT COST $19,980.00
6/22/01
Source: Alliant Engineering,Inc. Costxls
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Attachment D
Alliant Engineering, Inc.
2001 Standard Billing Rates by Classification
Principal $130.00/Hour
Director $110.00/Hour
Registered Professional Engineer $85.00/Hour
_Registered Landscape Architect $80.00/Hour
Engineer in Training $65.00/Hour
Senior CADD Technician $65.00 Hour
CADD Technician II $60.00/Hour
CADD Technician I $55.00/Hour
Clerical $35.00/Hour
9
- - - CITY OF EDEN PRAIRIE
GENERAL CONDITIONS
Consultant Agreement
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/CLAIMS
and equipment necessary to perform the work.
4.1 Consultant will submit invoices to City monthly,and a final
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 To receive any payment on this Contract,the invoice or bill
City for City's responsibilities under this section including must include the following signed and dated statement: "I declare
signing certain forms on City's behalf such as Right-of-Way under penalty of perjury that this account, claim, or demand is
forms. just and correct and that no part of it has been paid."
2.4 While Consultant will take reasonable precautions to 4.3 The balance stated on the invoice shall be deemed correct
minimize any damage to property,it is understood by City that unless City notifies Consultant,in writing,of the particular item
in the normal course of the work some damage may occur. that is alleged to be incorrect within ten (10) days from the
The correction of any damage is the responsibility of City or, invoice date. Consultant will review the alleged incorrect item
at City's direction,the damage may be corrected by Consultant within ten(10)days and either submits a corrected invoice or a
and billed to City at cost plus 15%. Notwithstanding the statement indicating the original amount is correct.
above,Consultant agrees to be responsible for damage caused
City of Eden Prairie General Conditions
Consultant Agreement
December 2000
Page 1 of 4
/0
4.4 Payment is due upon receipt of invoice (or_corrected to mislead others by omitting certain aspects contained in the
invoice)and is past due sixty(60)days from invoice date. On report.
past due accounts,City will pay a finance charge of 1.5%per
month on the unpaid balance,or the maximum allowed by law, 5.5 Consultant will consider Project Information as confidential
whichever is less,until invoice is fully paid. and will not disclose to third parties information that it acquires,
uncovers, or generates in the course of performing the work,
4.5 If City fails to pay Consultant within sixty (60) days except as and to the extent Consultant may,in its sole discretion,
following invoice date, Consultant may deem the default a deem itself required by law to disclose.
breach of its agreement, terminate the agreement, and be
relieved of any and all duties under the agreement. City SECTION 6: DISPUTES I LIMITATIONS OF REMEDIES
however,will not be relieved of Fee Payment responsibilities
by the default or termination of the agreement. 6.1 In the event of a breach of Contract by City,the Consultant
shall not be entitled to recover punitive,special or consequential
4.6 City will be solely responsible for applying for and damages or damages for loss of business.
obtaining any applicable compensation fund reimbursements
from various state and federal programs. Consultant may 6.2 City will pay all reasonable litigation or collection expenses
assist City in applying for or meeting notification including attorney fees that Consultant incurs in collecting any
requirements,however. Consultant makes no representations delinquent amount City owes under this agreement.
or guarantees as to what fund reimbursement City may receive.
Consultant shall not be liable for any reductions from 6.3 If City institutes a suit against Consultant,which is dismissed,
reimbursement programs made for any reason by state or dropped,or for which judgement is rendered for Consultant,City
federal agencies, except as may be caused by Consultant's will pay Consultant for all costs of defense, including attorney
negligence. fees,expert witness fees and court costs.
4.7 City may withhold from any final payment due the 6.4 If Consultant institutes a suit against City,which is dismissed,
Consultant such amounts as are incurred or expended by the dropped,or for which judgement is rendered for City,Consultant
City on account of the termination of the Contract. will pay City for all costs of defense, including attorney fees,
expert witness fees and court costs.
SECTION 5: OWNERSHIP OF DOCUMENTS
6.5 Dispute Resolution
5.1 Consultant will deliver to City certain reports as
instruments of the professional work or services performed 6.5.1 Mediation
pursuant to this Agreement. All reports are intended solely for
City,and Consultant will not be liable for any interpretations All claims, disputes and other matters in question (hereinafter
made by others. "claim")between the parties to this Agreement,arising out of or
relating to this Agreement or the breach thereof,shall be subject
5.2 City agrees that all reports and other work furnished to to mediation. If the parties have not resolved the dispute within
City,or City's agents or representatives,which are not paid for, thirty(30)days of receipt of a written complaint,each party may
will be returned to Consultant upon demand and will not be require the dispute be submitted for mediation. If the parties are
used by City for any purpose. unable to agree on a mediator within ten(10) days following a
request for mediation,either party may request that a mediator be
5.3 Unless otherwise agreed, Consultant will retain all appointed by the Fourth Judicial District Court. The parties agree
pertinent records or reports concerning work and services to share equally all fees incurred in the mediation.
performed for a period of at least two(2)years after report is
submitted. During that time the records will be made available The parties shall submit to mediation for a minimum of eight(8)
to City during Consultant's normal business hours. City may hours. The parties agree that the mediation proceedings are
obtain reproducible copies of all software, manuals, maps, private and confidential. If, at the end of eight hours of
drawings, logs and reports at cost, plus 15%, for data and mediation,the parties have not resolved the dispute,the parties
materials not being provided as part of the scope of work for may agree to extend hours of mediation.
the project.
6.5.2 Arbitration
5.4 City may use the Consultant report in its entirety and may
make copies of the entire report available to others. However, At the option of the party asserting the same,a claim between the.
City shall not make disclosure to others of any portions or parties to this Agreement, arising out of or relating to this
excerpts of a report constituting less than the entire report,or Agreement or the breach thereof, whereby the party or parties
Ciry of Eden Prairie General Conditions
Consultant Agreement
December 2000
Page 2 of 4
II
asserting the same claims entitlement to damages or payment 7.3 Although data obtained from discrete sample locations will be
of less than $25,000.00 in aggregate may be decided by used to infer conditions between sample locations no guarantee
arbitration in accordance with the Construction Industry may be given that the inferred conditions exist because soil,
Arbitration Rules of the American Arbitration Association then surface and groundwater quality conditions between sample
existing unless the parties mutually agree otherwise. In the locations may vary significantly, and because conditions at the
event any person shall commence an action in any court for time of sample collection may also vary significantly with respect
any claim arising out of or relating to this Agreement or the to soil,surface water and groundwater quality at any other given
breach thereof or the Project or construction thereof or any time and for other reasons beyond Consultant's control.
- contract for such construction, the party making a claim in
arbitration may dismiss such proceedings(unless the hearing 7.4 Consultant will not be responsible or liable for the
on the claim has commenced)and elect to assert its claim in interpretation of its data or report by others.
such action if such party could have done so but for the
provisions-of this Paragraph. SECTION 8: GENERAL INDEMNIFICATION
The parties agree to bear equal responsibility for the fees of 8.1 Consultant will indemnify and hold City harmless from and
AAA,including the arbitrator(s). Judgement upon the award against demands,damages,and expenses caused by Consultant's
rendered by the arbitrator(s) may be entered in any court negligent acts and omissions, and breach of contract and those
having jurisdiction thereof. negligent acts, omissions, and breaches of persons for whom
Consultant is legally responsible. City will indemnify and hold
In the event that arbitration services are not available from Consultant harmless from and against demands, damages, and
AAA,either party may request that an arbitrator be appointed expenses caused by City's negligent acts and omissions, and
by the Fourth Judicial District Court. breach of contract and those acts, omissions, and breaches of
persons for whom City is legally responsible.
6.5.3 Compliance
SECTION 9: INSURANCE/WORKER'S
The parties deem the dispute resolution procedure as set forth COMPENSATION
herein to be an integral and essential part of this Agreement.
• A party's failure to comply in all respects with this procedure 9.1 Consultant represents and warrants that it has and will
shall be a substantial breach of this Agreement. The • maintain during the performance of this agreement Worker's
arbitrator(s)shall be authorized to assess costs and attorney's Compensation Insurance coverage required pursuant to Minn.
fees against a party that has failed to comply with the Stat. 176.181,subd.2 and that the Certificate of Insurance or the
procedure in all respects,and,may as a condition precedent to written order of the Commissioner of Commerce permitting self
arbitration,require the parties to mediate in accordance with insurance of Worker's Compensation Insurance coverage
Section 6.5.1 hereof. provided to the City prior to execution of this agreement is
current and in force and effect.
SECTION 7: STANDARD OF CARE
-9.2 Consultant shall procure and maintain professional liability
7.1 Because no sampling program can prove the non-existence insurance for protection from claims arising out of professional
or non-presence of contaminated conditions or materials services caused by any negligent act,error or omission for which
throughout the "entire" site or facility, Consultant cannot Consultant is legally liable.
warrant,represent, guarantee, or certify the non-existence or
non-presence, or the extent of existence or presence, of 9.3 Certificate of insurance will be provided to City upon request.
contaminated conditions or materials, and City's obligation
under this agreement will not be contingent upon Consultant's SECTION 10: TERMINATION
delivery of any warranties, representations, guarantees, or
certifications. 10.1 The agreement between Consultant and City may be
terminated by either party upon thirty-(30)days written notice.
7.2 Consultant's opinions,conclusions,recommendations,and
report will be prepared in accordance with the proposal,scope 10.2 If the agreement is terminated prior to completion of the
of work,and Limitations of Environmental Assessments and project, Consultant will receive an equitable adjustment of
no warranties,representations,guarantees,or certifications will compensation.
be made. Except that Consultant warrants that hardware and
software will perform as represented in proposal and other
parts of this agreement.
City of Eden Prairie General Conditions
Consultant Agreement
December 2000
Page 3 of 4
SECTION 11: ASSIGNMENT SECTION 17: DATA PRACTICES ACT COMPLIANCE
11.1 Neither party may assign duties,rights or interests in the 17.1 The Consultant shall at all times abide by Minn.Stat. 13.01
performance of the work without obtaining the prior written et seq., the Minnesota Government Data Practices Act, to the
consent of the other party, which consent will not be extent the Act is applicable to data and documents in the
unreasonably withheld. possession of the Consultant.
SECTION 12: DELAYS SECTION 18: DISCRIMINATION
12.1 If Consultant is delayed in performance due to any cause In performance of this contract, the Consultant shall not
beyond its reasonable control, including but not limited to discriminate on the grounds of or because of race, color, creed,
strikes,riots,fires,acts of God,governmental actions,actions religion,national origin,sex,marital status,status with regards to
of a third party, or actions or inactions of City,the time for public assistance,disability,sexual orientation,or age against any
performance shall be extended by a period of time lost by employee of the Consultant,any subcontractor of the Consultant,
reason of the delay. Consultant will be entitled to payment for or any applicant for employment. The Consultant shall include
its reasonable additional charges,if any,due to the delay. a similar provision in all contracts with subcontractors to this
Contract. The Consultant further agrees to comply will all aspects
SECTION 13: EXTRA WORK of the Minnesota Human Rights Act,Minn.Stat.363.01,et seq.,
Title VI of the Civil Rights Act of 1964,and the Americans with
13.1 Extra work, additional compensation for same, and Disabilities Act of 1990.
extension of time for completion shall be covered by written
amendment to this agreement prior to proceeding with any SECTION 19: CONFLICTS
extra work or related expenditures.
No salaried officer or employee of the City and no member of the
SECTION 14: WITHHOLDING TAXES Board of the City shall have a fmancial interest,direct or indirect,
in this contract. The violation of this provision renders the
14.1 No final payment shall be made to the Consultant until Contract void. Any federal regulations and applicable state
the Consultant has provided satisfactory evidence to the City statutes shall not be violated.
that the Consultant and each of its subcontracts has complied
with the provisions of Minn. Stat. 290.92 relating to SECTION 20: ENTIRE AGREEMENT
withholding of income taxes upon wages. A certificate by the •
Commissioner of Revenue shall satisfy this requirement. 18.1 This Agreement contains the entire understanding between
the City and Consultant and supersedes any prior written or oral
SECTION 15: AUDITS agreements between them respecting the written subject matter.
There are no representations, agreements, arrangements or
15.1 The books, records, documents and accounting understandings, oral or written between City and Consultant
procedures and practices of the Consultant or other parties relating to the subject matter of this Agreement which are not
relevant to this Agreement are subject to examination by the fully expressed herein.
City and either the Legislative Auditor or the State Auditor for
a period of six (6) years after the effective date of this 18.2 The agreement between Consultant and City may be
Contract. modified only by a written amendment executed by both City and
Consultant.
SECTION 16: PAYMENT TO SUBCONTRACTORS
18.3 This agreement is governed by the laws of the State of
16.1 The Consultant shall pay to any Subcontractor within ten Minnesota.
(10)days of the Consultant's receipt of payment from the City
for undisputed services provided by the Subcontractor. The
Consultant shall pay interest of one and a half percent
(1-1/2%)per month or any part of a month to a Subcontractor
on any undisputed amount not paid on time to the
Subcontractor. The minimum monthly interest penalty
payment for an unpaid balance of$100.00 or more is$10.00.
For an unpaid balance of less than$100.00, the Consultant
shall pay the actual amount due to the Subcontractor.
City of Eden Prairie General Conditions
Consultant Agreement
December 2000
Page 4 of 4 1 3
CITY COUNCIL AGENDA DATE:
July 10,2001
SECTION: CONSENT CALENDAR
SERVICE AREA: ITEM DESCRIPTION: ITEM NO.:
Public Safety, Resolution Adopting the Joint and Cooperative
Jim Clark,Director Agreement for Use of Law Enforcement
Personnel and Equipment
Requested Action
Move to: Adopt Resolution adopting the Joint and Cooperative Agreement for use of law enforcement
personnel and equipment.
Synopsis
The Mutual Aid Committee of the Hennepin County Chief's of Police Association recently updated the
Hennepin County Mutual Aid Pact. The original document has been in existence since 1968. The Mutual
Aid Committee received legal consultation from the League of Minnesota Cities and legal advisors from
member organizations. The Mutual Aid Pact allows member agencies to share law enforcement resources.
Attachments
Resolution
Mutual Aid Pact
Signature page
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
RESOLUTION NO.
A RESOLUTION ADOPTING THE JOINT AND
COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT
PERSONNEL AND EQUIPMENT OF JULY 1,2001.
WHEREAS,the City of Eden Prairie has previously approved and participated in a mutual
aid agreement between the police agencies within Hennepin County to provide cooperative use of
police personnel and equipment; and
WHEREAS, the participating governmental units have determined that it is advisable to
clarify and update the language of that agreement.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE,THAT THE CITY COUNCIL FINDS,DETERMINES,AND
ORDERS AS FOLLOWS:
1. The Joint and Cooperative Agreement For Use of Law Enforcement Personnel and
Equipment, ("Agreement") dated July 1, 2001 from the Hennepin County Chiefs of
Police Association is hereby approved;
2. The City of Eden Prairie withdraws from the previous Hennepin County Mutual Aid
Agreement on the effective date stated in the new Agreement; and
3. The Mayor and City Manager are hereby authorized and directed to execute said
Agreement on behalf of the City of Eden Prairie as a participating member of the
Agreement.
ADOPTED by the City Council on ,2001.
Jean L. Harris,Mayor
(Seal)
ATTEST:
Kathleen Porta, Clerk
'1
HENNEPIN COUNTY
CHIEF'S OF POLICE ASSOCIATION
MUTUAL AID PACT
Effective Date:
July 1, 2001
3
JOINT AND COOPERATIVE AGREEMENT FOR
USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT
I. GENERAL PURPOSE
The general purpose of this Joint and Cooperative Agreement for Use of Law
Enforcement Personnel and Equipment ("Agreement") is to provide a means by which a Party to
this Agreement may request and obtain Law Enforcement Assistance from other Parties when
the Party deems such assistance necessary. This Agreement is made pursuant to Minnesota
Statutes, Section 471.59, which authorizes the joint and cooperative exercise of powers
common to the Parties.
II. DEFINITION OF TERMS
For the purposes of this agreement, the terms defined in this section shall have the meanings:
Subd. 1. "Eligible Party"means a governmental unit that is permitted to become a Party
to this agreement, at its own option. The Eligible Parties are the County of Hennepin and every
governmental unit authorized to exercise police powers within the County of Hennepin, State of
Minnesota.
Subd. 2. "Law Enforcement Assistance"means equipment and personnel, including but
not limited to, licensed peace officers and non-licensed personnel.
Subd. 3. "Party"means a governmental unit that elects to participate in this Agreement.
Subd. 4. "Requesting Official" means a person who is designated by the Requesting
Party to request Law Enforcement Assistance from other Parties.
Subd. 5. "Requesting Party"means a Party that requests Law Enforcement Assistance
from other Parties.
Subd. 6. "Sending Official"means a person who is designated by a Party to determine
whether and to what extent that Party should provide Law Enforcement Assistance to a
Requesting Party.
Hennepin County Chief's of Police Association Mutual Aid Pact 7
Effective: July 1,2001
Subd. 7. "Sending Party"means a Party that provides Law Enforcement Assistance to a
Requesting Party.
Subd. 8. "Sheriff"means the Hennepin County Sheriff or designee.
III. PARTIES
The Parties to this Agreement shall consist of as many Eligible Parties that approve this
Agreement and execute a separate signature page to become Parties. Upon approval, the
executed signature page of this Agreement shall be sent to the Sheriff along with a certified
copy of the documentation evidencing approval.
Approval of this Agreement by a Party shall be evidenced by:
• for a municipality, a resolution adopted by the governing body, or
• for a non-municipality, a resolution adopted by the governing body or a letter
executed by an official with sufficient authority to bind that party which recites the
basis of that authority.
•
IV. PROCEDURE -.
Subd. 1. Each Party shall designate, and keep on file with the Sheriff, the name of the
person(s) of that Party who shall be its Requesting Official and Sending Official. A Party may
designate the same person as both the Requesting Official and the Sending Official. Also, a
Party may designate alternate persons to act in the absence of an official.
Subd. 2. Whenever, in the opinion of a Requesting Official of a Party, there is a need for
Law Enforcement Assistance- from other Parties, such Requesting Official may, at their
discretion, call upon the Sending Official of any other Party to furnish Law Enforcement
Assistance to and within the boundaries of the Requesting Party.
Subd. 3. Upon the receipt of a request for Law Enforcement Assistance from a Party,
the Sending Official may authorize and direct personnel of the Sending Party to provide Law
Enforcement Assistance to the Requesting Party. Whether the Sending Party provides such
Law Enforcement Assistance to the Requesting Party and, if so, to what extent such Law •
Enforcement Assistance is provided shall be determined solely by the Sending Official (subject
to such supervision and direction as may be applicable within the governmental structure of the
Hennepin County Chiefs of Police Association Mutual Aid Pact 8
Effective: July 9,2001
5
Party by which they are employed). Failure to provide Law Enforcement Assistance will not
result in liability to a Party.
Subd. 4. When a Sending Party provides Law Enforcement Assistance under the terms
of this agreement, it may in turn request Law Enforcement Assistance from other Parties as
"back-up" during the time that such Law Enforcement Assistance is provided.
Subd. 5. Whenever a Sending Party has provided Law Enforcement Assistance to a
Requesting Party, the Sending Official may at any time recall such Law Enforcement Assistance
or any part thereof, if the Sending Official in their best judgment deems such recall necessary to
provide for the best interests of their community. Such action will not result in liability to any
Party.
Subd. 6. The Requesting Party shall be in command of all situations where Law
Enforcement Assistance is requested. The Sending Party shall coordinate with the Requesting
Party the Law Enforcement Assistance that it provides.
Subd. 7. When a Sending Party supplies personnel to a Requesting Party, such
personnel shall remain under the direction and control of the Sending Party; shall be subject to
the policies and procedures of the Sending Party; shall be paid by the Sending Party; shall be
protected by the worker's compensation of the Sending Party; and shall otherwise be deemed to
be performing their regular duties for the Sending Party.
Subd. 8. A Sending Party shall be responsible for its own personnel, equipment, and
supplies and for injuries or death to any such personnel or damage to any such equipment or
supplies. Unused equipment and supplies shall be returned to the Sending Party by the
Requesting Party when circumstances permit. Each party waives the right to sue any other
Party for any worker's compensation benefits paid to its own employee or volunteer even if the
injuries were caused wholly or partially by the negligence of any other Party, its officers,
employees or volunteers.
Subd. 9. A Sending Party shall demand no charges or costs for Law Enforcement
Assistance rendered under this Agreement.
Hennepin County Chiefs of Police Association Mutual Aid Pact 9
Effective: July 1, 2001 6
VI LIABLITY
The Requesting Party shall not be responsible for any injuries, losses or damages to
persons or property arising out of the acts of any of the personnel of a Sending Party nor shall
the Sending Party be responsible for any injuries, losses or damages arising out of the acts of
any personnel of the Requesting Party or the personnel of any other Sending Party. No Party
shall be responsible for injuries, deaths, losses or damages arising out of the actions of Law
Enforcement Personnel of any other Party.
By entering into this Agreement, the Parties are not waiving any provisions or liability
limitations established in Chapter 466, Minnesota Statutes.
For purposes of efficiency and similar interests, any Party to this Agreement may enter
into an agreement with another Party for defending any claim arising out of the Parties'
participation in mutual aid.
VI. EFFECTIVE DATE
This Agreement shall become effective and operative beginning July 1, 2001, 12:01 A.M.,
local time, for those Eligible Parties that have provided resolutions and executed documents to
the Sheriff by that date. An Eligible Party may join the Agreement after July 1, 2001, by
providing the necessary documents to the Sheriff. This Agreement shall continue in force until a
Party or this Agreement terminates under the provisions of Section VII.
Upon the beginning date of this Agreement or any time after the beginning date that an
Eligible Party joins, this Agreement shall supersede, replace and void for the Party the Joint and
Cooperative Agreement for Use of Police Personnel and Equipment, dated 1968, that provides
for mutual aid.
The Sheriff shall maintain a current list of the Parties to this Agreement and, whenever
there is a change, shall notify the designated Sending Officials. The Sheriff shall send a copy of
each Party's executed signature page to all Parties of this Agreement.
Hennepin County Chiefs of Police Association Mutual Aid Pact 10
Effective: July 1,2001 --7
VII. WITHDRAWAL AND TERMINATION
A Party may withdraw at any time upon thirty (30) days'written notice to the Sheriff. The
Sheriff shall thereupon give notice of such withdrawal, and of the effective date thereof, to all
other parties. Parties that have withdrawn may rejoin after executing the appropriate resolution
and document. This Agreement will terminate when the number of Parties to the Agreement
falls below eleven (11).
End of Agreement
Hennepin County Chiefs of Police Association Mutual Aid Pact 11
Effective: July 1, 2001
HENNEPIN COUNTY CHIEF'S OF POLICE ASSOCIATION
MUTUAL AID PACT
SIGNATURE PAGE
IN WITNESS WHEREOF, the undersigned have caused this Joint Powers Agreement to
be executed for the Eden Prairie Police Department.
Dated: By:
Jean L. Harris, Mayor
By:
Christopher Enger, City Manager
•
CITY COUNCIL AGENDA DATE: July 10,2001
SECTION: Consent Calendar
SERVICE AREA/DIVISION:
Police ITEM DESCRIPTION: Approval of License ITEM NO.:
Jim Clark,Director of Public Agreement with Qwest for a civil defense siren VI
Safety Services and telecommunications antenna at Hidden Ponds
Tear! Tnhncon 7.nninu Adm Park-
Requested Action:
Approve License Agreement with Qwest for civil defense siren and telecommunications antenna.
Synopsis:
Similar to installations Qwest has done with other cities, Qwest is proposing to construct a civil
defense siren(at no cost to the City) and install upon the siren pole an antenna for their
telecommunications service.
The Hidden Ponds Park location for a civil defense siren is consistent with the overall civil
defense plan for the City.
Background Information:
The pole for the siren and antenna will be located near the Hidden Ponds Water Tower.
Attachments:
License Agreement and associated attachments.
LICENSE AGREEMENT
5-22-01
This License Agreement, (or "Agreement") made this day of
, 2001,between City of Eden Prairie, 8080 Mitchell Road, Eden Prairie,
Minnesota, 55344, a Minnesota municipal corporation, hereinafter referred to as
"Grantor," and Qwest Wireless L.L.C. ,a Delaware Limited Liability Company,
hereinafter referred to as"Grantee."
RECITALS:
A. Grantor is the owner of certain real property located in Hennepin County, State of
Minnesota, and more particularly described in Exhibit A attached hereto (the
"Land") on which is situated Hidden Ponds Park. The Land and Park are
hereafter called the(the"Property").
B. Grantee desires to install a pole near the water tank on the Property together with
a civil defense siren system,pole and siren to be owned by Grantor, and antenna
and ground equipment for Grantee, according to the plans and specifications
• contained in Exhibit B attached hereto and made a part hereof. Grantee further
desires a non-exclusive license to use portions of the Property and the Pole and an
exclusive license to use other portions of the Property, as described herein and
illustrated on Exhibit B for the purpose of constructing, operating, replacing and
maintaining a personal communication services facility("Facility").
NOW THEREFORE,the parties agree as follows:
1. Grant of License. Grantor grants to Grantee a license for the use of that part of
the Property for the period, uses, and consideration in accordance with all of the
terms, covenants, conditions, and provisions contained herein.
2. Term. The term of the license granted hereby shall be for a period of five years,
commencing on the day of ,2001 (the"Term").
3. Consideration.
(a) Grantee shall pay to Grantor the following
I. Annual license fees in the following amounts:
Year 1 - $ 9,600.
Year 2 - 10,080.
Year 3 - 10,584
Year 4 - 11,113.
Year 5 - 11,669.
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a
Annual license fees shall be payable in annual installments commencing
on or before the first day of the Term and or before the first day of each
successive year during the Term and any Extended Term as provided
hereafter.
II. If Grantee fails to maintain Grantee's Improvements and those
Portions of the Property affected by Grantee's occupancy of the
Property in accordance with the terms of this Agreement, upon
thirty(30) days notice to Grantee, Grantor may make such repairs
and invoice Grantee for its expense incurred. Grantee shall
promptly pay Grantor for its expenses incurred.
(b) Grantee shall do the following:
I. Be responsible for locating all utilities on the property and the
cost of repairs to any utilities damaged by Grantee or Grantee's
assigns.
II. Provide and install the pole and complete operating civil defense
siren and equipment at the locations shown on Exhibit B. ("the
Grantor's Improvements").
III. Restore disturbed areas to match existing grades and sod as
required by Grantor.
4. Grantee's Use. Grantee may use portions of the Property as more specifically set
forth on Exhibit B for the following uses, and the construction, maintenance,
repair and replacement of the following (all of which are hereafter referred to as
the"Improvements"):
(a) Not more than one antenna atop the pole and necessary connecting wave-
guide and appurtenances as more particularly described in Exhibit B
attached hereto.
(b) Ground equipment consisting of approximately 150 square feet to be
erected on the Property as described in Exhibit B attached hereto
("Ground Equipment") to contain Grantee's radio transmission, computer
equipment and emergency battery and generator equipment.
(c) Utility wires, cables, conduits and pipes underground and within that part
of the Property described in Exhibit B attached hereto.
(d) Right of ingress and egress 24 hours each day, seven (7) days a week, on
foot on and over that part of the Property from the park parking lot to the
pole, as described in Exhibit B for the purpose of inspecting, maintaining
and repairing its Facility and related equipment, provided however,
KAComm.Dev\Staff Documents\ean\License Agreement Qwest 05 22-01.doc 2
3
Grantor shall have the right to require Grantee to exercise its right of
ingress and egress on and over a different part of the Property or other
Property as may be provided by or through Grantor upon reasonable
notice to Grantee.
(e) A separately metered connection to the electric utility, which supplies
electricity.
Grantor's Improvements and Grantee's Improvements (together "the
Improvements" shall be installed at Grantee's expense and shall be maintained
in a reasonable condition and secured by Grantee. Grantee shall ensure that its
use of the Property is consistent with all local, state and federal laws, ordinances,
and regulations.
5. Exclusive and Non-Exclusive License. Grantee's license to use those portions of
Grantor's Property denominated on Exhibit B as "Exclusive" (Exclusive Area")
shall be for the sole and exclusive use of Grantee, subject to Grantor's right to use
the Exclusive Area for its own communications facilities or other public purposes
in the future, as well as for the purpose of maintenance of the Property and
Grantor's equipment. Grantee's license to use all other portions of Grantor's
Property shall be non-exclusive, and Grantor shall have the right to use its
Property and to authorize others to do so as Grantor, in its sole discretion, may
determine. In the event that the use of the Property by others to whom Grantor
may hereafter authorize such use constitutes an unreasonable or harmful
interference with Grantee's use of the Property, or if Grantor utilizes any or all of
the Exclusive Area, Grantee may give notice to Grantor of such interference. If
the interference is not corrected within thirty (30) days after the giving of such
notice, Grantee may terminate this agreement upon notice to Grantor.
6. Utilities and Taxes. Grantee will be responsible for installation and payment of
all utilities required by its use of the Property. Grantee shall pay personal
• property or real estate taxes levied against or upon the Improvements or the
Property by Grantee. Grantor will provide to Grantee a copy of any notice of
taxes or special assessments imposed upon the Improvements or Property as a
result of the Improvements or use of the Property by Grantee, which Grantor may
receive from any taxing authority. Subject to any and all limitations imposed by
law, Grantee may contest, at its own expense, any such taxes or assessments.
7. Maintenance. Upon notice from Grantor, Grantee shall promptly pay to Grantor
all additional Grantor expenses incurred in maintaining the Property, including
painting or other maintenance, that are caused by Grantee's occupancy of the
Property.
8. Ownership of Improvements. During the term of this Agreement and any
Extended Term, ownership of the Improvements will remain in the Grantor with
the exception of the antenna and ground equipment which shall be the property of
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I
Grantee. Upon termination of this Agreement for any reason, including
expiration of the Term or an Extended Term, the Improvements shall become the
property of Grantor, except (a) the transmitting, receiving, antennae switching
equipment and cabinets commonly associated with wireless telephone service,
and(b)those Improvements which Grantor notifies Grantee of Grantor's desire to
have removed. Grantee shall,not less than sixty(60)days from the termination of
this Agreement or the effective date of notice, remove those Improvements
required to be removed by Grantee and shall restore the Property from which they
have been removed to its condition at the commencement of the Term.
Contemporaneously with the delivery to Grantor of this Agreement executed by
Grantee, Grantee has deposited $5,000.00 with Grantor which shall be placed in
an interest bearing account. In the event Grantee fails to remove the
Improvements required to be removed within the time or times provided, Grantor
may do so. Grantee shall reimburse Grantor for all costs incurred by Grantor to
remove the Improvements and restore the Property to its original condition.
• Grantor may draw from the deposit so much thereof as will reimburse Grantor for
its costs. Any amount remaining will be refunded to Grantee. If the deposit is
insufficient to cover Grantor's costs Grantee shall promptly pay to Grantor the
deficiency.
9. Defense and Indemnification.
(a) General. Grantee shall defend, indemnify and hold harmless Grantor and
its elected officials, officers, employees, agents, and representatives, from
and against any and all claims, costs, losses, expenses, demands, actions,
causes of action and liens, including reasonable attorneys' fees and other
costs and expenses of litigation (i) which may be asserted against or
incurred by Grantor or for which Grantor may be liable in the performance
of this Agreement, except those which arise solely from the negligence or
willful acts of Grantor or(ii) arising out of the installation, operation, use,
maintenance, repair, removal, or presence of Grantee's Improvements on
the Property.
(b) Hazardous Materials. Without limiting the scope of Subparagraph 9 (a)
above, Grantee will be solely responsible for and will defend, indemnify,
and hold Grantor, its agents, and employees harmless from and against
any and all claims, costs, and liabilities, including attorney's fees and
costs, arising out of or in connection with the cleanup or restoration of the
Property resulting from Grantee's use of Hazardous Materials. For
purposes of this Agreement, "Hazardous Materials" shall mean: Any
substance or material defined or designated as hazardous or toxic waste,
hazardous or toxic substance, pollutant, contaminant, or other similar
term,by any federal, state or local environmental statute, regulation, order
or ordinance presently in effect,including,without limitation, asbestos and
petroleum products.
K\Comm.Dev\Staff Documents\Jean\License Agreement Qwest 05 22-01.doc 4
(c) Grantee's Warranty. Grantee represents and warrants that its use of the
Property will not generate and Grantee will not store or dispose of on the
Property, nor transport to or over the Property, any Hazardous Materials
except as set forth in 4(b). The obligation of this Paragraph 9 shall survive
the expiration or other termination of this License.
10. Insurance.
(a) General Liability. Grantee shall maintain an occurrence form
comprehensive general liability insurance coverage. Such coverage shall
include, but not be limited to, bodily injury, property damage — broad
form, and personal injury, for the hazards of Premises/Operation, broad
form contractual, independent contractors, and products/completed
operations.
Grantee shall maintain aforementioned comprehensive general liability
coverage with limits of liability not less that $2,000,000 each occurrence;
$2,000,000 personal and advertising injury; $2,000,000 general
aggregate, and $2,000,000 products and completed operations aggregate.
These limits may be satisfied by comprehensive general liability coverage
or in combination with an umbrella or excess liability policy, provided
coverages afforded by the umbrella or excess policy are no less than the
above stated limits.
(b) Grantee Property Insurance. Grantee shall keep in force during the Term
and any Extended Term a policy covering damages to its Facility at the
Property. The amount of coverage shall be sufficient to replace the
damaged Facility, loss of use and comply with any ordinance or law
requirements.
(c) Hazardous Materials Coverage. Grantee must carry sufficient coverage, to
the reasonable satisfaction of the Grantor, for damage caused by
Hazardous Materials.
(d) Adjustment to Insurance Coverage Limits. The coverage limits set forth
herein shall be increased at the time of any Renewal Term by multiplying
the current coverage limit by a fraction, the numerator of which is the
Consumer Price Index All Urban Consumers - All Items Base 1982 to
1984 Equals 100, as published by the U.S. Department of Labor, Bureau
of Labor Statistics ("CPI U') for the month that is three months preceding
the first day of the renewal term, the denominator of which is the CPI-U
for the month that is three months prior to the first day of this Agreement.
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If the CPI-U is discontinued, comparable statistics on the purchasing
power of the consumer dollar published by the U.S. Department of Labor
or its successor as designated by Grantor shall be used for making the
computations in this paragraph. In the event the same base period (1982
to 1984 Equals 100) used in computing the CPI-U is changed, the figures
used in making the adjustment shall accordingly be changed so that the
changes in the CPI-U are taken into account with the same mathematical
results notwithstanding any change in the base period. In the event of any
other changes in the CPI-U, the Grantor shall designate a comparable
calculation to be used for the calculations of this paragraph.
(e) Additional Insured—Certificate of Insurance . The Grantee shall provide,
prior to occupancy of the Property, evidence of the required insurance in
the form of a Certificate of Insurance issued by a company (rated A+ or
better) by Best Insurance Guide, licensed to do business in the state of
Minnesota, which includes all coverages required in this Paragraph 10.
Grantee will name Grantor as an Additional Insured on the General
Liability Policy. The Certificate (s) shall also provide the coverage may
not be canceled, non-renewed, or materially changed without thirty (30)
days prior written notice to Grantor.
11. Temporary Interruptions of Service. When Grantor determines that continued
operation of Grantee's Facility would cause or contribute to an immediate threat
to the public (including maintenance and operating personnel) health and/or
safety, Grantor may without prior notice to Grantee cause discontinuance of
operation of Grantee's Facility or may order Grantee to discontinue its operation.
Discontinuance of Grantee's operation shall include, but not be limited to
shutting down the transmission of electromagnetic waves or impulses to or from
the Facility. Grantee shall immediately comply with such an order. Operations
shall be discontinued only for the period that the immediate threat exists. If prior
notice is not given to Grantee, Grantor shall notify Grantees soon as possible
after its action and give its reason for taking the action. Grantor shall not be
liable to Grantee or any other party for any interruption in Grantee's service or
interference with Grantee's operation of its Facility. If the discontinuance shall
extend for a period greater than three days, either consecutively or cumulatively,
Grantee shall have the right to terminate this Agreement within its sole discretion
without any prior notice. Any license fees paid by Grantee for any period of
time after the date of termination shall be refunded to Grantor.
12. Interference with the Property. Grantee shall not interfere with Grantor's use of
the Property (and others to whom Grantor has granted the use of the Property)
and agrees to cease all such actions which unreasonably and materially interfere
with Grantor's or other's use of the Property no later than three(3)business days
after receipt of written notice of the interference from Grantor. If the
K:\Comm Dev\Staff Documents\ean\License Agreement Qwest 05-22-01.doc
interference cannot be eliminated within thirty(30)days after Grantee has
received written notice, either Grantor or Grantee may at its option terminate this
Agreement immediately.
13. Interference with Communications. Grantee's use and operation of its Facility
shall not interfere with the use and operation of other communication facilities of
Grantor. If Grantee's Facility causes interference, Grantee shall take all
measures necessary to correct and eliminate the interference. If the interference
cannot be eliminated within 48 hours after receiving Grantor's written notice of
the interference, Grantee shall immediately cease operating its Facility and shall
not reactivate operation, except intermittent operation for the purpose of testing,
until the interference has been eliminated. If the interference cannot be
eliminated within thirty(30) days after Grantee has received Grantor's written
notice,Grantor may at its option terminate this Agreement immediately.
14. Additional Covenants. Grantee shall(a)use natural gas or propane(and shall not
use gasoline or diesel fuel) for energy to power an engine to operate a generator
to be installed on the Property, if any (b) not use any process or method in the
installation, maintenance or removal of any Improvement upon the Tower by
means of welding, cutting tool or other device which could damage the Tower,
including its interior and exterior paint or any equipment attached thereto, (c)
protect the Improvements from damage or harm in the event of the repair or
maintenance of the Tower or other facilities of Grantor, (d) not, without
Grantor's consent, remove, cut or trim any trees or other vegetation on the
Property, and(e)replace significant trees (as defined in Eden Prairie City Code)
lost or reasonably anticipated to be lost as a result of construction of the
Improvements upon the Property in accordance with the provisions of Eden
Prairie City Code Section 11.55, Subd. 5. C. 9.
15. Default. The following shall constitute an event of default by Grantee
("Grantee's Default") :
(a) Grantee's failure to make prompt payment of fees or other amounts due
within fifteen(15)days after they become due.
(b) Grantee's failure to comply with Grantee's obligations contained in
Sections 5,11, 12, and 13 of this Agreement.
(c) Grantee's failure to observe or perform any other covenant or condition
contained in this Agreement within thirty(30) days after written notice to
Grantee specifying such failure and requiring Grantee to remedy the same.
(d) The adjudication of Grantee as bankrupt by a court of competent
jurisdiction, or the entry by such a court of an order approving a petition
IG\Comm.DevvStaff Documentsvean\License Agreement Qwest OS 22-01.doc 7
seeking reorganization of Grantee under the federal bankruptcy laws or
any other applicable law or statute of the United States of American or any
State thereof, or the appointment by such a court of a trustee or receiver or
receivers of Grantee or of all or any substantial part of its property upon
the application of any creditor in any insolvency or bankruptcy proceeding
or other creditor's suit in each case, the order or decree remains unstayed
and in effect for ninety(90)days.
(e) The filing by Grantee of a petition in voluntary bankruptcy or the making
by it of a general assignment for the benefit of creditors or the consenting
by it to the appointment of a receiver or receivers of all or any substantial
part of the property of Grantee; or the filing by Grantee of a petition or
answer seeking reorganization under the federal bankruptcy laws or any
other applicable law or statute of the United States of America or any
State thereof; or the filing by Grantee of a petition to take advantage of
any debtor's act.
16. Remedies. Upon Grantee's Default, Grantor shall be entitled to terminate this
Agreement, seek specific performance, and/or seek damages. The exercise of
one or more of such remedies by Grantor shall not be deemed an election or
waiver of the right to exercise any other remedy.
17. No Duty to Repair.
Grantor shall have no duty or obligation to maintain, repair, restore, replace or
modify the pole, the Land, or any of Grantor's facilities, fixtures, personal
property or improvements located thereon or therein.
18. Termination. In addition to Grantor's right to terminate this agreement pursuant
to Section 15 hereof, Grantor shall have, and reserves, the right in its sole
discretion to terminate this Agreement at any time if, in Grantor's sole
judgment,Grantor shall:
(a) by Grantor, if its Council decides, for any reason,to substantially
redevelop the Land, sell the Land to a third party and/or discontinue use of
the pole for all purposes and Grantor and Grantee are unable to agree upon
a suitable relocation of the site on the Land or adjoining property of the
Grantor, Grantor shall provide six(6)months written notice of its intent to
Tenant.
(b) if it determines, after consultation with a licensed structural engineer that
the pole is structurally unsound for use as a pole, for any reason including
but not limited to considerations related to the age of the structure, damage
K\Comm Dev\Staff DocumentsVean\License Agreement Qwest 05-22-01.doc 8
9
to or destruction of all or part of the pole or the Property from any source,
or factors relating to the condition of the Property; or
(c) if Grantee does not proceed with Improvements by June 1,2002.
Upon termination of this Agreement pursuant to Grantor's or Grantee's right to
terminate this Agreement as provided herein or upon expiration of the Term or
any Extended Term, the Parties obligations under this Agreement shall cease,
except Grantee's obligations with respect to Sections 8 and 10 of this
Agreement and to make payment of any amounts to which Grantor is entitled at
such time. Termination shall not relieve Grantee of any liability by way of
damages to which Grantor may be entitled upon Grantee's Default hereunder.
19. Limitation of Grantor's Liability. If Grantor terminates this License other than
as of right as provided in this License, or Grantor causes interruption of the
business of Grantee or for any other Grantor breach of this License, Grantor's
Liability for damages to Grantee shall be limited to the actual and direct costs of
equipment removal, or repair and shall specifically exclude consequential
damages, any recovery for value of the business of Grantee as a going concern,
future expectation of profits, loss of business or profit or related damages to
Grantee.
20. Condemnation. In the event the whole of the Property is taken by eminent
domain, this License shall terminate as of the date title to the Property vests in
the condemning authority. In event a portion of the Property is taken by
eminent domain, either party shall have the right to terminate this Lease as of
said date of title transfer, by giving thirty(30) days' written notice to the other
party. In the event of any taking under the power of eminent domain, Grantee
shall not be entitled to any portion of the reward paid for the taking and the
Grantor shall receive full amount of such award. Grantee hereby expressly
waives any right or claim to any portion thereof. Although all damages,
whether awarded as compensation for diminution in the value of the license or
the fee of the Property, shall belong to Grantor, Grantee shall have the right to
claim and recover from the condemning authority, but not from Grantor, such
compensation as may be separately awarded or recoverable by Grantee on
account of any and all damage to Grantee's business and any costs or expenses
incurred by Grantee in moving/removing its Improvements.
21. Additional Buildings. Grantee acknowledges that Grantor may permit
additional buildings to be constructed on the Property. At such time as this may
occur, Grantee will permit said buildings to be placed immediately adjacent to
Grantee's building, if any, and will allow "attachments"to its building so as to
give the appearance that all buildings are a connected facility. Said attachments
will be made at no cost to Grantee and will not compromise the Structural
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iV
integrity of Grantee's building or interfere with Grantee's access to its ground
equipment.
22. Extended Terms. Grantee shall have the right to extend this Agreement and the
license for three(3)additional five(5)year terms("Extended Terms")by giving
Grantor written notice of its intention to do so at least six(6)months prior to the
end of the Term or the then current Extended Term. The annual license fees for
the Extended Terms are as follows:
First Extended Term Second Extended Term
Year 6 $12,252. Year 11 $15,637.
Year 7 12,865. Year 12 16,419.
Year 8 13,508. Year 13 17,240.
Year 9 14,184. Year 14 18,102.
Year 10 14,893. Year 15 19,007.
Third Extended Term
Year 16 $19,958.
Year 17 20,956.
Year 18 22,004.
Year 19 23,104.
Year 20 24,259.
23. No Representation or Warranty — Conditional Grant. Grantor makes no
representation or warranty regarding the condition of its title to the Land or its
right to grant to Grantee the license. Grantee is entering into this Agreement
and use of the Land is subject to Grantee's own investigation and acceptance
therefore "as is". Grantee's rights granted pursuant to this Agreement are
subject and subordinate to all limitations, restrictions, and encumbrances
relating to Grantor's interest in the Land that may affect or limit Grantor's right
to grant those rights to Grantee.
24. Entire Agreement. This Agreement contains all agreements, promises and
understandings between Grantor and Grantee and no verbal or oral agreements,
promises, or understandings shall or will be binding upon either Grantor or
Grantee in any dispute, controversy, or proceeding at law, and any addition,
variation,or modification to this Agreement shall be void and ineffective unless
it is in writing and signed by the parties hereto.
25. Interpretation. This Agreement and the performance thereof shall be governed,
interpreted, construed,and regulated by the laws of the State of Minnesota.
26. Assignment. This license, and rights thereunder,may be sold,assigned or
K:\Comm.Dev\staff DocumentsVeantLicense Agreement Qwest d5-2t2-01.doc 10
transferred at any time by Grantee to Grantee's parent, affiliates,subsidiaries
or any entity which acquires substantially all of the assets of Grantee,without
notice to or the consent of Grantor. As to other parties,this license may not
be sold, assigned, or transferred without the written consent of Grantor,such
consent not to be unreasonably withheld or delayed. For purposes of this
paragraph,a"parent","affiliate"or"subsidiary"means an entity which
directly or indirectly controls,is controlled by or under common control with
Grantee. In the event of a sale, assignment or transfer to a parent, affiliate or
subsidiary, Grantee shall remain liable for the full performance of Grantee's
obligations hereunder. Grantor hereby consents to the assignment by Grantee
of its rights under this license as collateral to any entity which provides
financing to Grantee.
27. Notices. Any notice required or permitted to be given by any party upon the
other is given in accordance with this Agreement if it is directed to Grantor by
delivering it personally to the Manager of Grantor; or if it is directed to Grantee,
by delivering it personally to Real Estate Department of Grantee; or if mailed in
a sealed wrapper by United States registered or certified mail, return receipt
requested, postage prepaid; or if deposited cost paid with a nationally
recognized,reputable overnight courier,properly addressed as follows:
If to Grantor: City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
Attn: City Manager
If to Grantee: Qwest Wireless,L.L.C.
C/o Qwest Communications Real Estate Services
8200 East Belleview, Suite 500
Greenwood Village, Colorado 80111
With copies to: Qwest Wireless L.L.C.
426 North Fairview Avenue,Suite 101
St.Paul,Mn. 55104
Attn.Real Estate Manager
Staubach Global Services
15601 Dallas Parlcway,Suite 400
Dallas,TX. 75001
Attn. Qwest Real Estate Administrator Property
ID#MIN539
Qwest Law Department
1801 California Street,Suite 3800
Denver, CO 80202
Attn. Real Estate Attorney
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Notices shall be deemed effective on the earlier of the date of receipt or the date
of deposit as aforesaid; provided, however, that if notice is given by deposit,
that the time for response to any notice by the other party shall commence to run
one business day after any such deposit. Any party may change its address for
the service of notice by giving written notice of such change to the other party,
in any manner above specified, ten(10) days prior to the effective date of such
change.
29. Recording of Memorandum. Grantor shall execute and Grantee shall be
permitted to record at any time a memorandum of this Agreement. If this
Agreement is terminated prior to the expiration of its Term, or an extended
Term, Grantee shall record an appropriate instrument to clear the memorandum
from the title to the Land.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed
their respective seals the day and year first above written.
GRANTOR
CITY OF EDEN PRAIRIE
Date: ,2001 By:
Its: Mayor
By:
Its: Manager
Taxpayer ID#: 41-0855460
TENANT
Qwest Wireless,L.L.C., a Delaware
Limiid Lia ility Company t
Date: ,2001 By:�p�c�
Its: Vice President twork Operations
'By:
Its:
K:\Comm Dev'Staff Documentstlean\L.icense Agreement Qwest 05-22-01.doc 12
13
Taxpayer ID#:
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
,2001,by and ,
respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota
municipal corporation,on behalf of said corporation.
Notary Public
•
STATE OF )/
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this 4o1lay of
, 2001 ,by 647 w uJ-a+ the 1/.A 72e sc 4. of Qwest
Wi eless,L.L.C., a Delaware limited liability company, on behalf of the company.
•
. PRX pVQ..,,. otary Pub c
�Oo •t!�,
SHIRLEY A.
SATTLER
O
4OFCO�,O
., ,,.
My Commission Expires Sept.21,2003
K:1Comm.DevIStafr DocumentsUeann[.icense Agreement Qwest 05-22-01.doc 13
1LI
•
OUTLOT D, HIDDEN PONDS SECOND
ADDN, EDEN PRAIRIE, HENNEPIN •
COUNTY, MINNESOTA
Hidden Ponds Park
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Eden Prairie, Mn.
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OUTDOOR WARNING SIREN SPECIFICATIONS
BASIC REQUIREMENTS
1. 1 rotating electromechanical outdoor warning siren.
2. Minimum 127dBC.
3. Minimum of two (2) signals.
4. Provide decoder,by Hennepin County approved provider, and rotator holding relay.
5. Siren must run on AC power with battery backup, with current requirements less than
40 amperes. Siren must be able to operate on both AC and DC power. The AC
operation with battery backup must allow the siren to operate from a 220/240V AC
power source without the use of the batteries. During a power failure, an automatic
switchover to battery operation must occur to maintain the siren's normal operation.
6. Siren must run on an automatic battery(DC)operated system consisting of four(4)
batteries for siren and radio operation. The siren must be operable for the minimum
of one hour while on DC power. The battery(DC)power source shall be pole
mounted. Original and replacement batteries must be readily available at local retail
stores.
7. Must comply with all applicable government regulatory specifications, including
FEMA and OSHA.
8. Siren control unit must be UL approved.
9. Expedient and reliable parts and service.
10. Must be completely compatible with Hennepin County Warning system.
GENERAL REQUIREMENTS
A. Siren shall produce a minimum of 127-dBC single tone format at 100 feet. Rotating
speed shall not be less than 2.0 nor more than 4.0 revolutions per minute. All
measurements shall be conducted in free field conditions at a minimum of 50 feet
above ground level on axis. Tests by an independent laboratory or consulting firm
must be conducted. Rotation speed must be constant and uniform, and not vary in
relation to sound chopper motor speed.
B. Siren shall comply with FEMA Outdoor Warning Systems Guide, CPG-17. This
guide requires and ATTACK WARNING which is a 3 to 5 minute wavering tone,
and an ATTENTION or ALERT WARNING which is a 3 to 5 minute steady
Page 2
signal. Once the ALERT signal attains a peak in frequency,the frequency of the
signal shall not sweep or fluctuate.
C. Siren shall have the capability of being converted to direct battery operation. The
battery system shall have the capacity to provide continuous full power for a
minimum of 127dBC. Battery capacity shall be maintained by a high quality
regulated charger. Each battery shall have an individual charger to minimize the
effects caused by over/under charging. The charger shall be capable of recharging
fully discharged batteries within 12 hours. The control unit must have convenient
terminals for connecting landline and radio activation lines.
D. The following details for the system installation shall be included:
1. Type of Cable
2. Number of Conductors and Wire Size
3. Method of Connection
4. Size of Recommended Conduit
E. All exposed metal surfaces,unless stainless steel shall be properly finished to inhibit
deterioration and corrosion due to weather and sun.
F. All internal wiring'for siren operation shall be permanently secured and protected
from direct precipitation. All wiring entranceways to enclosures housing electronic
equipment shall not preclude wall mounting.
G. Sirens shall operate in temperature ranges of-30 degrees C to—60 degrees C while
batteries are maintained a—18 C or higher. The effects of rain, ice, or snow shall not
hinder operations.
H. Siren shall have sufficient mechanical strength and sufficient torque to withstand and
operate in winds of up to 100 MPH.
I. Siren shall not produce potentially environmentally hazardous ultrasonic signals. The
manufacturer must certify this. The control unit must provide reasonable lightning
and surge protection devices on the power input to protect the unit from electrical
surges.
J. Siren shall include adjustable mounting brackets for varying size poles; and be easily
removable for mounting on flat surfaces or roofs or buildings.
K. Siren and control unit shall be mounted on a Millerbernd siren pole, consistent with
current City siren installations.
aD,
Page 3
L. The siren and control unit must have a programmable controller at each control unit
site. This shall include features for on-site activation and battery testing.
RADIO CONTROL EQUIPMENT
The siren system must be remotely activated by a radio signal. These specifications for
paging must be compatible with existing encoding and transmitting used by Hennepin
County.
The electromechanical siren equipment must be warranted from the date of installation
for a period of not less than two (2)years for defects in electrical components and
mechanical components when adequately maintained in accordance with instructions.
Five(5)year exchange on motors.
INSTALLATION
Upon completion of the total installation the siren manufacturer or their representative
will inspect the system for correct installation.
WIRING AND DIAGRAMS SCHEMATIC
Complete as-built wiring diagrams and schematics shall be included with the operational
and installation instructions.
MAINTENANCE AND PARTS MANUALS
Two(2)complete maintenance and parts manuals shall be provided upon delivery. The
manuals provided shall be pertinent to the model provided.
NOTE: The City of Eden Prairie retains the right to make reasonable changes to these
specifications, as it deems necessary.
�3
CITY COUNCIL AGENDA
DATE: 07/10-01
SECTION: CONSENT
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Engineering Services
Gene Dietz Grading Permit For Southwest Metro Temporary ,i ,
Lot
Requested Action
Move to: Approve a grading permit for a temporary parking lot for Southwest
Metro.
Synopsis
Southwest Metro is requesting a grading permit for a temporary parking on the west side of the
existing building. This parking is needed to replace parking lost due to the construction of the
parking deck and for State Fair parking.
Background Information:
Southwest Metro plans to begin construction of the parking deck to the east of the existing
building in September 2001. There are 625 temporary parking spaces. The plan meets setbacks
from public roads and Purgatory Creek.
The temporary parking will be surfaced with crushed rock.
Staff recommends that the grading permit be subject to the following conditions:
• Silt fencing around the project.
• Approval of the grading, drainage, and erosion control plans by the Riley-Purgatory Creek
Water shed District.
• Compliance with the city's Grading Drainage and Erosion Control Policy.
Attachments
1. Letter dated 6/29/01 from Southwest Metro
2. Temporary Parking lot plan
4.4:0,Mf 4 3,q SOUTHWEST METRO TRANSIT PHONE:95L949.1B➢S(Z287)
B500 Technology Drhe FAx:9074.7997
Eden Prairie,Minnesota 55344 EMAIL:custservbwtransitorg
WEESITE:WWw.SWIrdnSILorg
Mike Franzen,City Planner
City of Eden Prarie
8080 Mitchell Road 6/29/01
Eden Prairie,MN.55435
RE:Temporary Parking Permit; Southwest Station,Eden Prairie,MN.
Dear Mike,
The Southwest Metro Transit Commission(SWMT)requests approval of a parking permit to allow the
installation of an additional 416 temporary parking spaces over and above the 209 spaces which were
installed last summer on the western undeveloped Outlot A area of our Southwest Station Property.The
purpose for the combined spaces(625 total)will be to provide overflow parking for customers who will be
displaced during the construction of SWMT new parking ramp east of our bus depot building.In addition
the spaces will be used to accommodate our special event parking needs(State Fair,etc)during the ramps
construction.
In1999,the city of Eden Prairie approved the concept of constructing a parking ramp of the size and scale
contemplated by our proposal as a part of a mixed use PUD for the Southwest Station property.Working
drawings for the ramp,done by Walker Parking Consultants,are currently being reviewed by the staff at
Eden Prairie A construction permit for the ramp is expected to be issued before September of this year..
Our schedule is to have the necessary permits issued,bids advertised,received and awarded,and
construction commenced on the facility by mid September of this year.Completion of the ramp will be a
year from the date that its construction commences or in early September 2002.
The expanded parking will be similar in character and specification(crushed rock with chain and barrel
space designators)to the 209 spaces approved for installation on the west side of the property last summer.
Our current schedule is to receive city permits,award bids,and have the work for the new temporary
spaces completed in time for the State Fair which begins on August 23.
You will fmd attached sets of our final proposal drawings showing the layout and configuration of the
proposed parking installation.The layout as shown incorporates all of the early drainage and Creek
protection measures given to us as early comments from the Development Review Committee of the
Engineering Services Division who had an opportunity to see our preliminary plans early on.(See attached).
We would greatly appreciate having our plans and permit request scheduled for City Council review and
approval at its only meeting scheduled for July.The Riley-Purgatory Creek Watershed will be taking action
on this same request at its July 10 meeting.The timing of both governmental decisions will fit well into a
very tight mobilization and installation schedule which,as I mentioned earlier,must be accomplished in
time for our desired August 23 State Fair opening event schedule.
Call me or Bob Worthington here at the SWMT Station Depot if you have questions.Thanks.
Sincerely, AU
13
Len imich,Executive Director,SWMT
Q
06/18/2001 16:40 9529498392 PRAIRIE PAGE 03
MEMORANDUM
To: Development Review Committee
From: Engineeiring Services
Date: June 141 2001
Subject: Southwest Metro Temporary Parking
1111111111111
Eden Prairie
The following are comments by Engineering Srvices in review of a concept plan for a temporary parking
lot located at Southwest Metro Transit Station.
•
In order to fully review the parking lot proposial the plan should include:
• A grading plan with contours. •
• A drainage plan to handle parking lot run-off 0 needed. A temporarypond should be included in the plan,
• No run-off can be directed directly to the creel.
• Type of surface material should be indicated. ; •
• The length of time the temporary parking lot'will be in place and removal plans should be included.
• A grading permit from the City will be required. City Council must authorize the issuance of a grading permit.
• A permit from the watershed district will be needed.
a daily inspection, certify completion in confoxjiance to approved plans and specifications and provide record
drawings.
•
•
•
.
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CITY COUNCIL AGENDA
DATE: 07/10/01
SECTION: Public Hearings
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development
Donald R.Uram Grace Church—Amendment to Developer T A-
Michael D. Franzen Agreement Regarding Grading
Requested Action
The Council can choose amongst the following options:
1. Allow the proponent to withdraw the Amendment to Developer Agreement.
2. Approve the Amendment to Developer Agreement.
3. Deny the Amendment to Developer Agreement.
MOTIONS (Three Options)
Option#1: Withdrawal(Only with proponent's consent.)
Move to:
• Close the Public Hearing and return the proposed Amendment to Developer
Agreement to the proponent without prejudice.
Or
Option#2: Approval
Move to:
• Close the Public Hearing; and
• Approve the Amendment to Developer Agreement.
Or
Option#3: Denial
Move to:
• Close the Public Hearing; and
• Deny the Amendment to Developer Agreement based on the following findings:
1. The amendment would be inconsistent with the Comprehensive Guide Plan.
2. The amendment would allow grading that is inherently accompanied by noise and dust,
often creates hazardous conditions and results in extended disfigurement of the places
City Council Agenda
Grace Church Code Amendment
Page 2
where it is carried on.
3. The amendment would create an adverse impact on adjoining residential areas.
4. The amendment would diminish the public health, safety, and general welfare.
5. The amendment would create a nuisance to the traffic corridor and the surrounding
residential property on the north side of Pioneer Trail and along Eden Prairie Road.
Although the traffic analysis by the Grace Church consultant predicts satisfactory service
levels at the intersections, vehicles in queue behind the more slowly accelerating trucks
will perceive a delay.
6. The amendment is contrary to the terms of the Developer agreement dated October 3,
2000.
Synopsis
This project is a request from Grace Church to amend the Grace Church Developer Agreement
for a Supplemental Land Alteration to allow removal and replacement of soils.
Background
The amendment contains the follow conditions.
• A six (6)months time limit.
• Soils removed from and transported to the Property must be deposited within and removed
from the limits within the City.
• Hours of operation are 9:00 a.m. to 4:00 p.m. on weekdays only.
• The maximum surface area of Supplemental Land Alteration conducted is limited to two (2)
acres.
• No crushing, washing, grinding or sifting of soils shall be conducted on the Property.
• Developer shall obtain approval from all other governmental entities having jurisdiction over
Supplemental Land Alteration on the Property.
• No Supplemental Land Alteration operations may be conducted within fifty (50) feet of the
boundaries of the Property. The Property's boundaries shall be clearly delineated with
wooden posts not more than fifty(50) feet distant from each other.
• Developer shall provide a bond for the benefit of the City
• Developer shall comply with all provisions of the City Code.
• Developer shall reimburse the City for all costs incurred by staff, consultants, and City
attorney for inspections,monitoring and testing.
Attachments
1. Developer Agreement
FIRST AMENDMENT TO DEVELOPER'S AGREEMENT
GRACE CHURCH
THIS FIRST AMENDMENT TO DEVELOPER'S AGREEMENT, GRACE
CHURCH, made and entered into as of July 10, 2001,by Grace Church, a Minnesota Nonprofit
Organization, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a
municipal corporation, hereinafter referred to as "City."
WHEREAS, the parties desire to amend the Developer's Agreement between Grace
Church and the City of Eden Prairie dated as of October 3, 2000 (hereinafter the "Developer's
Agreement").
NOW THEREFORE,the Developer's Agreement is amended as follows:
1. The land alteration plan contained in and a part of Exhibit B of the Developer's
Agreement is supplemented to permit and authorize removal of certain soils and
the replacement of other soils on and within the Property as described in, and, in
accordance with, Exhibit B-1 attached hereto and made a part hereof
("Supplemental Land Alteration") subject to the following terms and conditions.
a. Supplemental Land Alteration shall be conducted within a period of six
(6) months from the date hereof unless such period is extended by the
Council prior to termination of such six(6)month period.
b. In order to minimize traffic, soils removed from the Property and soils
transported to the Property must be deposited within and removed from
the limits within the City and each vehicle carrying soils removed from the
Property must return to the Property with an equivalent amount of soils
which shall be placed on and within the Property.
c. Supplemental Land Alteration operations shall be limited to the hours of
9:00 a.m. to 4:00 p.m. on weekdays. No Supplemental Land Alteration
operations shall be conducted on weekends or holidays.
d. The maximum surface area of Supplemental Land Alteration conducted on
and within the Property at any one time is limited to two (2) acres. No
Supplemental Land Alteration operations may be conducted on land
within the Property adjacent to any such two (2) acres until all areas of the
Property from which soils have been removed have been filled and rough
3
graded to the satisfaction of the City Engineer.
e. No crushing, washing, grinding or sifting of soils shall be conducted on
the Property.
f. Developer shall obtain approval from all other governmental entities
having jurisdiction over Supplemental Land Alteration on the Property.
g. No Supplemental Land Alteration operations may be conducted within
fifty(50) feet of the boundaries of the Property. The Property's boundaries
shall be clearly delineated with wooden posts not more than fifty(50) feet
distant from each other.
2. The Supplemental Land Alteration plan described in Exhibit B-1 is preliminary.
Prior to the release of a Supplemental Land Alteration permit in accordance with
this First Amendment, Developer shall submit and obtain the City Engineer's
written approval of a final Supplemental Land Alteration plan. If the final
Supplemental Land Alteration plan differs from Exhibit B-1, the terms and
conditions of the final Supplemental Land Alternation plan approved by the City
Engineer shall be followed by Developer.
3. Developer shall provide a bond for the benefit of the City (the City shall be the
Obligee) conditioned upon the performance by Developer of Developer's
covenants and obligations set forth and described in this First Amendment to
Developer's Agreement and required by Developer pursuant to and as described
in City Code § 11.55 relating to land alterations.
4. Developer shall comply with all provisions of the City Code relating to land
alterations with respect to the Supplemental Land Alteration in addition to the
conditions and obligations required by Developer pursuant to this First
Amendment to Developer's Agreement, Grace Church. To the extent that the
conditions or provisions contained herein are stricter than a provision of the City
Code § 11.55,those provisions and conditions contained herein shall prevail.
5. Developer hereby authorizes the City, its agents and employees and specifically
the City's Engineer and his designees, to inspect, monitor and test the
Supplemental Land Alteration operations and to come upon the Property at all
times for the purpose of such inspection, monitoring and testing. Developer shall
reimburse City for all costs incurred by the City, including its attorneys, whether
incurred for its own officers and employees or outside consultants, in connection
with the City's inspection, monitoring and testing activities conducted in
connection with the Supplemental Land Alteration and the enforcement of the
terms of this Agreement or any City Code provision relating to land alterations.
I
Developer agrees to pay an amount of $20,000.00 in Deposit Funds. The
following conditions shall apply to the Deposit Funds:
a. Administrative hourly rates shall be charged at a flat rate of$100.00 per
hour.
b. Payment shall be made to City consultants, including but not limited to,
engineering, legal and planning, in the amounts actually billed, according
to the customary consulting rates in effect at that time. Such consulting
services or costs shall reasonably and necessarily relate to the
Supplemental Land Alteration, as determined by City in its sole discretion.
c. City shall not be responsible for paying any interest on the Deposit Funds.
d. In the discretion of City, if there is deemed to be an inadequate balance in
Developer's deposit account to pay for all the costs incurred or to be
incurred by City, City will notify Developer of the need for additional
Deposit Funds. Developer agrees to make such additional deposits within
ten(10) days of mailing of such notice.
S
IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
DEVELOPER CITY OF EDEN PRAIRIE
Jean L.Harris,Mayor
Chris Enger, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2001,by Jean L. Harris and Chris Enger,respectively the Mayor and the City Manager of the
City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2001,by , the , a Minnesota
on behalf of the corporation.
I
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CITY COUNCIL AGENDA
DATE: 07/10/01
SECTION: PUBLIC HEARINGS
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development
Donald R. Uram Ahmann Rezoning 7 j
Michael D. Franzen
Requested Action
Move to:
• Close the Public Hearing; and
• Approve 1st Reading of the Ordinance for Zoning District Change from Rural to R1-22 on
1.03 acres.
•
Synopsis
This is a rezoning of a single family lot from Rural to R1-22 located at 6604 Golden Ridge
Drive.
The Community Planning Board voted 8-0 to recommend approval of the project to the City
Council at the June 11 meeting.
Background Information
Two-thirds of this site(1.03 acres) is currently zoned rural while the other one-third(.14 acres) is •
zoned R1-22. The existing residence straddles both zoning districts. The home is connected to
sewer and water.
The owner recently requested an 80-sq. ft. building addition to the home. The addition does not
meet the side yard setbacks for the Rural Zoning District, which are 50 and 100 feet. The
proposed building addition would meet the setback requirements of the R1-22 Zoning District,
which are 15 and 30 feet.
Rezoning to R1-22 is appropriate for the following reasons:
1. The rezoning would be consistent with City policy to eliminate non-conforming lots instead
of granting variances to enlarge non-conforming uses.
2. The rezoning to R1-22 would be consistent with the surrounding zoning.
3. The rezoning would be consistent with the guide plan. The site and the surrounding area is
guided low density residential.
No Developer's Agreement is necessary to rezone the site. The Council is requested to take
action on the first and second readings so the homeowner can proceed with their building permit.
Attachments
1. Community Planning Board Minutes dated June 11,2001
2. Staff Report dated June 8,2001
Community Planning Board Minutes - °'"•f ;
June 11 2001 It
Page 2 _i
IV. PUBLIC HEARINGS I
A. AHMANN REZONING by Richard Ahmann. Request for Zoning District Change
from Rural R1-22 on 1.03 acres. Location: 6604 Golden Ridge Drive
Chair Corneille opened the public hearing at 7:33 p.m.
Franzen stated two-thirds of this site (1.03 acres) is zoned rural; the other one-third
(.14 acres) is zoned R1-22. The existing residence straddles both zoning districts. The
owner requested an 80- square foot building addition to the home, which does not
meet the 50 and 100 foot side yard setbacks for the Rural Zoning District. The
proposed addition would meet the 15 and 30 foot setback requirements of the R1-22
Zoning District.
Foote asked whether this type of rezoning had been done throughout City before.
Franzen stated yes it had been.
Motion by Stoelting, second by Foote to close the public hearing. Motion carried, 8-
0
The public hearing closed at 7:35 p.m.
Motion by Stoelting, second by Nelson to approve the request for the Zoning District
Change from Rural to R1-22 on 1.03 acres at 6604 Golden Ridge Drive. Motion
carried, 8-0.
STAFF REPORT
TO: Community Planning Board
FROM: Krista R. Flemming,Planner II
THROUGH: Michael D.Franzen, City Planner
DATE: June 8, 2001
SUBJECT: Ahmann Rezoning
APPLICANT/
OWNER: Richard Ahmann III
LOCATION: 6604 Golden Ridge Drive
REQUEST: 1. Zoning District Change from Rural to R1-22 on 1.03 acres
REZONING REQUEST
Two-thirds of this site (1.03 acres) is currently zoned rural while the other one-third(.14 acres) is
zoned R1-22. The existing residence straddles both zoning districts. The home is connected to
sewer and water.
The owner recently requested an 80-sq.ft.building addition to the home. The addition does not meet
the side yard setbacks for the Rural Zoning District, which are 50 and 100 feet. The proposed
building addition would meet the setback requirements of the R1-22 Zoning District,which are 15
and 30 feet.
CONCLUSION
Rezoning to R1-22 is appropriate for the following reasons:
1. The rezoning would be consistent with City policy to eliminate non-conforming lots instead
of granting variances to enlarge non-conforming uses.
2. The rezoning to R1-22 would be consistent with the surrounding zoning.
3. The rezoning would be consistent with the guide plan. The site and the surrounding area is
guided low density residential.
RECOMMENDATION
Staff would recommend approval the Zoning District Change from Rural to R1-22 on 1.03 acres
based on plans dated June 8, 2001, and the staff report dated June 6, 2001.
3
Location Map
Ahmarm Rezoning
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y
CITY COUNCIL AGENDA
DATE: 07/10/01
SECTION: Public Hearing
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development
Donald R.Uram Hennepin County Library - ,
Scott A.Kipp
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for PUD Concept Amendment on 6.12 acres; and
• Approve lst Reading of the Ordinance for PUD District Review on 6.12 acres and Zoning
District Amendment within C-Reg-Ser Zoning District on 6.12 acres; and
• Direct Staff to prepare a Developer's Agreement incorporating Staff and Board
recommendations and Council conditions.
Synopsis
This project is for remodeling of the existing Lund's building for a new library and retail use,
located at 565 Prairie Center Drive.
Background Information
The existing building will be converted into a 37,685 square foot library and 6,250 square feet of
retail. Additional windows, an entrance façade for the retail bay, a barrel vaulted roof and porte-
cochere have been added. The parking area includes a large plaza,more green space, and a drop-
off to the building. Based on'Hennepin County's parking needs, 156 parking spaces plus 29
proof-of-parking spaces have been provided on its site for a total of 185 spaces. A proof-of-
parking plan showing 341 parking spaces was approved 1999 for the overall PUD. This plan can
be implemented should the building convert back to a retail use.
This site is zoned C-Reg-Ser. City Code permits public facilities and services in the Commercial
zoning district.
The Community Planning Board voted 7-1 to recommend approval of the project to the City
Council at the June 11,2001 meeting.
Attachments
1. Resolution for PUD Concept Amendment
2. Community Planning Board Minutes dated Junel 1,2001
3. Staff Report dated June 8,2001
1
HENNEPIN COUNTY LIBRARY
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2001-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT AMENDMENT OF HENNEPIN COUNTY LIBRARY
FOR HENNEPIN COUNTY
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 Hennepin
County Library PUD Concept Amendment by Hennepin County and considered their request for
approval for development and recommended approval of the requests to the City Council; and
WHEREAS,the City Council did consider the request on July 10, 2001.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Hennepin County Library,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 22, 2001, 2001.
3. That the PUD Concept Amendment meets the recommendations of the Community
Planning Board dated June 11, 2001.
ADOPTED by the City Council of the City of Eden Prairie this 10th day of July, 2001.
Jean L. Harris,Mayor
ATTEST:
Kathleen A. Porta, City Clerk
Exhibit A
Hennepin County Library
Legal Description:
Lot 1,Block 1,RDA Center
3
t �-r
Community Planning Board Minutes r DRAFT
June 11,2001
Page 6
C. HENNEPIN COUNTY LIBRARY by Hennepin County. Request for Planned Unit
Development Concept Amendment on 6.12 acres,Planned Unit Development District
Review on 6.12 acres, Zoning District Amendment within C-Reg-Ser Zoning District
on 6.12 acres, and Site Plan Review on 6.12 acres. Location: 5.65 Prairie Center
Drive.
Chair Corneille opened the public hearing at 7:50 p.m.
Ben Hartberg of Damen Farber and Associates, consulting architect, stated a Lunds
grocery store existed on this site until 1996 and the site was purchased by Hennepin
County in 2000 for a new Eden Prairie Library.
Ann Voda, project architect, stated there was good access and parking; the building
utilizes an existing structure and turns it into a public use while adding character.
Elements of the Lunds store will be left. It does not have a lot of existing natural
light. Windows will be added.
Lois Langer, Librarian from the existing library, stated the Eden Prairie library will
be about 40,000 square feet. They will expand the collection to double and will triple
the technology. There will be evening hours as well.
•
Foote asked what would happen to the existing library.
Langer stated it would go on the market.
Stoelting asked about a start time for the project.
Ann Voda said it would likely begin this fall and last ten months.
Nelson asked about the tenant space.
Langer said RFP's will go out. It is not clear what the space will be.
Nelson stated this may affect parking needs.
Hartberg said the parking was actually based on restaurant seating and meets code for
expected use.
Franzen note all requirements for code were met.
Foote stated parking was always a concern. He asked how much of the.parking would
be needed if the restaurant would be put in.
Franzen explained a 6,250 square foot restaurant would have 180 seats and need 60
spaces. There is a cross-access agreement with the site to the east mall for additional
parking. Long term, 340 spaces will work if it ever went back to all-retail.
Community Planning Board Minutes i{ '� '''
June 11,2001
Page 7 1
Corneille asked whether there would be more parking required than for a grocery
store.
Seymour stated he was concerned with the number of spaces for parking and the
placement of handicapped spaces; this may make snow removal difficult in the
winter. He asked whether the number of handicapped spaces would change with the
use.
Hartberg stated one handicapped stall for every 25 spaces and one van-accessible spot
for every 50 parking spaces. ADA requirements with a slope of less than 2%
necessitate placement of the spaces.
Sodt asked whether access into the site and parking area was considered; the access
appears too tight.
Hartberg said there would be a reduction in traffic with it being a library instead of
retail. Islands are aligned so cars can go straight across the lot. The flow of traffic will
be improved and the volume will be less.
Nelson stated the handicapped spots are too far from the door. The bulky thing in
front of the doors would make it worse. Right now there is an easy drive-up. She is
not sure they are gaining anything or if they had accounted for the needs of seniors,
young families, and handicapped with the parking lot plan. It is not family or •
handicapped friendly. She likes the look of it inside and the fact that it is expanding.
Hartberg said dealing with a building they are trying to reuse. Hennepin County took
the initiative to buy a building and revamp it. The Fire Marshall will dictate fire lanes;
this will take a significant portion of the building. They are trying to work with what
is there. They could take 10 to 20 feet for sidewalks; the parking is perpendicular to
the building face and is safer. This uses what is there.
Stoelting asked what the function of the drive through was.
Hartberg said it is a 25 foot wide drive lane with an overhead roof. There is access
from the front door. People can pull into the parking lot, drive up to the front door
and drop it off. The handicapped parking is located in front.
Corneille asked the librarian to comment.
She said people complain about the way the parking is at the library now. This is a
more logical plan. This is a clearer no parking zone. The handicapped parking is next
to a sidewalk and going through the parking lot will not be necessary.
Nelson asked how far it was from the front door to the closest parking stall.
Hartberg stated 40 feet on the diagonal,up to 55 feet.
5
r p- : •
Community Plsnning Board Minutes " •
June 11,2001 I DRAFT 1
Page 8
•
Sodt asked about the traffic pattern and whether part of the road could be utilized for
the handicapped spaces.
Hartberg stated they tried to create a lot allowing for traffic flow. Reconfiguring the
lot would create a dead-end. The loop is big enough to accommodate a bus. Putting
the handicapped spots up to the front of the building would require regrading the
entire parking lot.
Nelson asked why it would be changed from the current parking lot structure.
Hartberg said it is not a grocery store anymore. A new front needs to be presented
that is pedestrian friendly and user friendly. They worked closely with the County to
develop a functional site plan and specific count.
Franzen stated with the change at the Eden Prairie Mall, the Target sidewalk was
doubled to 30 feet because customers complained about a lack of separation between
vehicles and pedestrians. Under a site plan review ordinance there is a provision for
separation of pedestrian and vehicle traffic. The Board should view this project as
balance between reuse of an existing building, the need to separate people and cars,
the need for a drop off and that this project is a library not a commercial use. This is a
good design and parking meets code requirements.
Stock stated she agreed with Franzen and was happy they used an existing building.
Motion by Stock, second by Stoelting to close the public hearing. Motion carried, 8-
0.
The public hearing closed at 8:48 p.m.
Motion by Stock, second by Stoelting, to approve Hennepin County Library by
Hennepin County Request for Planned Unit Development Concept Amendment on
6.12 acres, Planned Unit Development District Review on 6.12 acres, Zoning District
Amendment within C-Reg-Ser Zoning District on 6.12 acres, and Site Plan Review
on 6.12 acres. Location: 5.65 Prairie Center Drive. Motion carried,7-1.
STAFF REPORT
TO: Community Planning Board
FROM: Scott A.Kipp, Senior Planner
THROUGH: Michael D. Franzen, City Planner
DATE: June 8, 2001
SUBJECT: Hennepin County Library
•
APPLICANT/
OWNER: Hennepin County
LOCATION: 565 Prairie Center Drive
REQUEST: 1. Planned Unit Development Concept Amendment on 6.12 acres
2. Planned Unit Development District Review on 6.12 acres
3. Zoning District Amendment within C-Reg-Ser Zoning District on 6.12
acres
4. Site Plan Review on 6.12 acres
Location Map
Hennepin Countyy Library
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7
Staff Report—Hennepin County Library
June 8,2001
Page 2
BACKGROUND
This site was approved in 1987 as the Lunds Center PUD for a 43,000 square foot grocery store and
12,721 square foot retail strip mall.The site was zoned Commercial Regional Service. Lunds closed
in 1996. The property was platted into separate lots in 1999 for the purpose of selling the Lunds
building.Hennepin County purchased the building in 2000 for the location of the new Eden Prairie
Library. City Code permits public facilities and services in the Commercial zoning district.
SITE PLAN
The plan shows the conversion of the existing building into a 37,685 square foot library and 6,250
square feet of retail. The building and parking meet the setback requirements for the C-Reg-Ser
zoning district.
The parking lot has been designed to provide a large plaza,more green space,and a drop-off in front
of the building. Based on Hennepin County's parking needs, 156 parking spaces plus 29 proof-of-
parking spaces have been provided on its site for a total of 185 spaces. The retail strip mall to the
east has 77 parking spaces meeting Code. A proof-of-parking plan for 341 parking spaces was
approved for the overall PUD in 1999. This plan can be implemented should the building convert
back to a retail use.
GRADING AND UTILITIES
The parking lot area will require minimal grading. A new catch basin will be added adjacent to the
newly established green space.
LANDSCAPE PLAN
New landscaping will be planted along Prairie Center Drive adjacent to, and in the parking lot. A
total of 42 caliper inches of plant material will be removed, and 106 caliper inches of new trees
installed.
ARCHITECTURE
Additional windows,an entrance façade for the retail bay,and barrel vaulted roof and porte-cochere
will be added to the existing building. The building meets the requirement for 75%facebrick and
glass. The height of the building,based on City Code,is 32 feet measured to the mid-point of the
highest pitched roof. The maximum building height in the C-Reg-Ser zoning district is 40 feet.
SIGNS
Staff Report—Hennepin County Library
June 8,2001
Page 3
A detailed sign package has not been developed for the project at this time. Conceptually, the
proposal includes freestanding signs along Prairie Center Drive and Franlo Road,and wall signs for
the building meeting City Code. The proponent desires to place a sign on the existing retaining wall
along Prairie Center Drive in exchange for a portion of the building wall sign area. The proponent
requests no sign waivers. A detailed sign plan should be submitted prior to City Council review.
SITE LIGHTING
The four existing parking lot lights will remain. Pole lighting along the front of the building will be
removed. Wall lighting will be added to the front elevation of the building.
CONCLUSION
A library is a permitted use in a Commercial Regional Service zoning district. The modifications to
the approved plan meet City Code requirements.
STAFF RECOMMENDATION
Staff recommends approval of the following:
• Planned Unit Development Concept Amendment on 6.12 acres
• Planned Unit Development District Review on 6.12 acres
• Zoning District Amendment within the C-Reg-Ser Zoning District on 6.12 acres
• Site Plan Review on 6.12 acres
This approval is based on plans dated June 1, 2001, subject to the recommendations of this Staff
Report, and the following:
1. Prior to City Council review,the proponent shall:
A. Submit a detailed sign plan meeting City Code for review.
B. Submit lighting details for review
2. Prior to grading permit issuance,the proponent shall:
A. Install erosion control at the grading limits of the property for review and approval by
the City Engineer.
B. Submit storm water runoff and utility plans for review by the watershed district and
the City Engineer.
iv
Staff Report—Hennepin County Library
June 8,2001
Page 4
3. Prior to Building permit issuance,the proponent shall:
A. Meet with the Fire Marshal to go over fire code requirements.
B. Submit samples of exterior building materials for review.
C. Submit a landscaping and tree replacement bond for review.
•
it
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims July 10, 2001
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 100998-101411
Wire Transfers 1081 and 1085-1090
Background Information
Attachments
City of Eden Prairie
Council Check Summary
7/3/2001
Division Amount
General 260,320
101 Legislative 200
102 Legal Counsel 80,518
110 City Clerk 1,508
111 General 15,419
112 Human Resources 413
113 Communication Services 23
114 Benefits&Training 47,659
115 Risk Management 2,668
116 Facilities 10,541
131 Finance 69
132 Housing Trans Social Service 3,125
133 Community Development 285
134 Heritage Preservation 7,267
135 Information Technology 21,546
136 Wireless Communication 4,321
151 Park Maintenance 16,113
153 Athletic Programs 2,660
154 Community Center 20,137
155 Beaches 528
156 Youth Programs 1,431
157 Special Events 1,917
158 Senior Center 267
159 Recreation Administration 8
160 Adaptive Recreation 527
161 Oak Point Pool 65
162 Arts 3,944
163 Park Facilities 635
180 Police 15,113
184 Fire 180,101
185 Animal Control 123
186 Inspections 63
200 Engineering 35,568
201 Street Maintenance 22,026
202 Street Lighting 680
203 Fleet Services 18,879
117 City Center 2,017
300 Heritage Preservation Grants 361
301 CDBG 8,028
314 Liquor Compliance 412
406 Water/Sewer Refunding 1978 375
415 Open Space Debt 1994 750
502 Park Development 3,180
506 Improvment Bonds 1996 79,883
507 TIF Improvement Fund 3,398
509 CIP Fund 89,586
511 Construction Fund 26,771
601 Prairie Village Liquor 73,807
602 Den Road Liquor 130,325
603 Prairie View Liquor 103,481
701 Water Fund 76,021
702 Sewer Fund 174,427
703 Storm Drainage Fund 1,503
806 SAC Agency Fund 136,850
803 Escrow Fund 5,000
Grand Total 1,692,841
City of Eden Prairie
Council Check Register
7/3/2001
Check# Amount Vendor Account Description Business Unit
1081 60,997 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund
1085 136,842 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund
1086 23,882 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund
1087 13,466 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
1088 7,539 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
1089 173,500 EDEN PRAIRIE FIREFIGHTER'S REL Pension Plans Fire
1090 47,000 MINNESOTA DEPT OF REVENUE Sales Tax Payable Den Road Liquor Store
100998 45 AMERICAN RED CROSS Conference Expense In Service Training
100999 434 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance
101000 4,516 CARPET KING Other Contracted Services 2000 Rehab
101001 49 CULLIGAN WATER Operating Supplies Fire
101002 60 DODGE KRISTIN Other Contracted Services Accessibility
101003 452 ELLIS MIKE Other Contracted Services 2000 Rehab
101004' 200 HARRIS JEAN Travel Expense City Council
101005 350 INSTITUTE OF TRANSPORTATION EN Conference Expense In Service Training
101006 1,393 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund
101007 199 IOS CAPITAL Other Rentals Fire
101008 37 KLUTE JOEL Mileage&Parking Ice Arena
101009 60 M SHANKEN COMMUNICATIONS INC Misc Non-Taxable Prairie View Liquor Store
101010 225 MINN NCPERS GROUP LIFE INSURAN Life Insurance Employees General Fund
101011 .63 MINNCOMM PAGING Other Contracted Services Sewer Liftstatlon
101012 23 MPCA Licenses&Taxes Sewer Utility-General
101013 166 PETTY CASH-POLICE DEPT Travel Expense Police
101014 4,958 PRUDENTIAL INSURANCE CO OF AME Life Insurance Employees General Fund
101015 245 QWEST Telephone Prairie Village Liquor Store
101016 2,985 RELIASTAR LIFE INSURANCE CO Disability Ins Employers General Fund
101017 2,359 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie Village Liquor Store
101018 23 STAR TRIBUNE Misc Non-Taxable Prairie View Liquor Store
101019 1,410 TAPES PLUS ADVERTISING Advertising Prairie Village Liquor Store
101020 192 TEKIELA STAN Operating Supplies Outdoor Center
101021 12 TIME WARNER CABLE Cable TV Communication Services
101022 457 UNITED HEALTHCARE SERVICES INC Employee Assistance Employee Benefits
101023 1,142 USPOSTMASTER-HOPKINS Postage Water Accounting
101024 55 VAASSEN ROSETTI Tuition Reimbursement/School Fitness Classes
101026 995 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks
101027 28 AT&T Telephone WaterUtility-General
101028 4 AT&T Telephone Prairie View Liquor Store
101029 25 CHRISTENSON JASON Program Fee Summer Skill Development
101030 103 CHRISTIANSON DEBORAH Program Fee Summer Skill Development
101031 3 CORDELL MILDRED Program Fee Adult Program
101032 185 DEBECK MAURA Lessons&Classes Pool Lessons
101033 35 DECKER JODI Program Fee Tennis
101034. 39 FORCIER ERVIN Program Fee Preschool Playground
101035 54 GERTZ JOHN Operating Supplies Cummins House Special Eve'
101036 155 GLENWOOD INGLEWOOD Operating Supplies Fitness Center
101037 100 GOOD NEWS BIG BAND Other Contracted Services Staring Lake Concert
101038 42 GREEN BARBARA Lessons&Classes Oak Point Lessons
101039 334 HENNEPIN COUNTY in-DEPT Software Maintenance Information Technology
101040 1,508 HENNEPIN COUNTY TREASURER-TAXP Postage Elections
101041 60 JOHNSON COLLEEN Program Fee Tennis
101042 3 JOHNSON ERMA Program Fee Adult Program
101043 6 KADLEC EVELYN Program Fee Adult Program
101044 32 KEENAN BRENDAN Program Fee Spring Skill Development
101045 23 KERAN CINDY Lessons&Classes Oak Point Lessons
101046 70 LARSON CARRIE Program Fee Spring Skill Development
101047 7 MANTHENA RAMAKRISHNA Lessons&Classes Ice Arena
101048 185 MARTINY JOHN Lessons&Classes Pool Lessons
101049 60 MCFERRIN TANYA Instructor Service Outdoor Center
101050 133,205 METROPOLITAN COUNCIL Due to Other Govemments SAC Agency Fund
101051 434 MILLER LOUISE Instructor Service Outdoor Center
101052 7,746 MINNESOTA STATE TREASURER Building Surcharge General Fund
101053 984 MINNESOTA VALLEY ELECTRIC COOP Electric Street Lighting
101054 35 MOSMAN JAN Program Fee Tennis
101056 5,555 QWEST Telephone Police
101057 35 SCHULTE JUDY Program Fee Tennis
101058 100 STAN BANN BIG BAND Other Contracted Services Staring Lake Concert
101059 69 STATE OF MINNESOTA Operating Supplies Fleet Services
101060 246 STATE OF MINNESOTA OFFICE OF A Legal Liquor Compliance
101061 100 SWANSON PAUL Other Contracted Services Staring Lake Concert
101062 1,582 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services
101063 515 VERIZON WIRELESS BELLEVUE Telephone Fire
101064 32 WILLIAMS MAUREEN Program Fee Summer Skill Development
101065 36 ACE ICE COMPANY Misc Taxable Prairie View Liquor Store
101066 1,237 ALL SAINTS BRANDS DISTRIBUTING Beer Prairie Village Liquor Store
101067 104 AMERIPRIDE LINEN&APPAREL SER Repair&Maint Supplies Prairie Village Liquor Store
101068 1,866 BELLBOY CORPORATION Liquor Prairie View Liquor Store
101069 8,677 DAY DISTRIBUTING Beer Den Road Liquor Store
101070 1,405 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store
101071 5,480 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store
3
City of Eden Prairie
Council Check Register
7/3/2001
Check# Amount Vendor Account Description Business Unit
101072 96 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
101073 231 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store
101075 14,917 GRIGGS COOPER&CO Liquor Prairie View Liquor Store
101078 14,060 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store
101079 2,087 LAKE REGION VENDING Tobacco Products Den Road Liquor Store
101081 14,010 MARK VII Beer Den Road Liquor Store
101082 718 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store
101083 335 NORTH STAR ICE Misc Taxable Den Road Liquor Store
101084 2,792 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store
101085 344 PEPSI COLA COMPANY Misc Taxable Den Road Liquor Store
101087 12,911 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store
101088 876 PINNACLE DISTRIBUTING Tobacco Products Den Road Liquor Store
101089 1,762 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store
101090 9,339 QUALITY WINE&SPIRTS CO Liquor Prairie View Liquor Store
101091 20,746 THORPE DISTRIBUTING Beer Den Road Liquor Store
101092 1,458 WINE COMPANY THE Wine Domestic Den Road Liquor Store
101093 992 WINE MERCHANTS INC Wine Imported Prairie Village Liquor Store
101094 1,130 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store
101095 1,927 ADVERTISING INCENTIVES Clothing&Uniforms Prairie View Liquor Store
101096 40,454 AKIN GUMP STRAUSS HAUER&FELD Legal Counsel Airport Legal Council
101097 22 ANDERSON CINDY Clothing&Uniforms Police
101098 2,935 ARCH PAGING Pager&Cell Phone Wireless Communication
101099 150 BCA/TRAINING&DEVELOPMENT Tuition ReimbursemenUSchool Police
101100 65 BERGSTROM JIM Clothing&Uniforms Police
101101 25 BIEGANSKI PAUL Program Fee Tennis
101102 208 BURNSVILLE LANDFILL Waste Disposal Park Maintenance
101103 295 CARLSON DAN Travel Expense Police
101104 160 CERCHIA JERRY Other Contracted Services Art&Music
101105 40 EDEN PRAIRIE LIONESS Miscellaneous Police
101106 50 F.A.R.A. Dues&Subscriptions Police
101107 140 FEDERAL BUREAU OF INVESTIGATIO Tuition Reimbursement/School Police
101108 40 GRISWOLD DONNA Program Fee Preschool Playground
101109 218 HEATING&COOLING TWO INC Mechanical Permits General Fund
101110 1,078 INTER-TEL TECHNOLOGIES INC. Other Contracted Services General
101111 20 LATTERNER TODD Program Fee Preschool Playground
101112 50 LAVONE PAT Program Fee Aftemoon Playground
101113 72 LIMBERG KRISTY Operating Supplies Summer Theatre
101114 9,536 MASSMUTUAL LIFE INSURANCE CO. Building Rental Prairie View Liquor Store
101115 288 MENARDS Operating Supplies Round Lake Beach
101116 6 MINNESOTA DEPARTMENT OF PUBLIC Other Contracted Services Finance
101117 9 MINNESOTA DEPT OF PUBLIC SAFET Other Contracted Services Finance
101118 15 MPPOA Dues&Subscriptions Police
101119 2,660 MRPA Special Event Fees Softball
101120 576 NILSSON BETH Instructor Service Ice Arena
101121 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General
101122 610 RATEIKE MARILYN JANE Other Contracted Services Art&Music
101123 100 RIVER CITY JAZZ ORCHESTRA Other Contracted Services Staring Lake Concert
101124 40 SCOTT AMY Program Fee Preschool Playground
101125 25 SOCIAL SECURITY ADMINISTRATION Other Contracted Services Finance
101126 49 STATE MECHANICAL INC Plumbing Permits General Fund
101127 9 STATE OF MINNESOTA Operating Supplies Fleet Services
101128 3,137 US POSTMASTER-HOPKINS Postage General
101129 193 VERIZON WIRELESS BELLEVUE Telephone Police
101130 59 VITRAN EXPRESS Transportation Water Treatment Plant
101132 106 XCEL ENERGY Electric Traffic Signals
101133 20 ZIMMER PAMELA Program Fee Preschool Playground
101134 47 CULLIGAN-METRO Other Contracted Services Outdoor Center
101135 78 CUMMINGS KIM Mileage&Parking Fire
101136 1,197 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Acquisition&Developmr
101137 137 NEXTEL COMMUNICATIONS Pager&Cell Phone Wireless Communication
101138 50,000 OLD REPUBLIC NATL TITLE INS C Land Capital Impr./Maint.Fund
101139 196 PROTECTION ONE Other Contracted Services Cummins Grill
101140 168 SEITZ KURT Landscape Materials/Supp Community Center
101141 572 ASPEN WASTE SYSTEMS INC. Waste Disposal Water Treatment Plant
101142 5 AT&T Telephone General
101143 20 AT&T Telephone Water Treatment Plant
101144 100 BLASY DON Refunds Environmental Education
101145 750 BUREAU OF ALCOHOL TOBACCO AND Licenses&Taxes Prairie View Liquor Store
101146 17 DISH NETWORK Cable TV Ice Arena
101147 100 FUNDINGSLAND JOHN Refunds Environmental Education
101148 197 GE CAPITAL Other Rentals General
101149 834 GOPHER STATE ONE-CALL INC Other Contracted Services Sewer System Maintenance
101150 100 GUARGENA ROSEMARY Refunds Environmental Education
101151 106 HANSEN RON Small Tools Fire
101152 44 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance
101153 2,400 J A PRICE AGENCY INC Insurance Risk Management
101154 40,064 LANG PAULY GREGERSON AND ROSOW Legal Legal Council
101155 38,894 LEAGUE OF MINNESOTA CITIES Workers Comp Insurance Employee Benefits
101157 281 MERLINS ACE HARDWARE Operating Supplies Park Maintenance
y
City of Eden Prairie
Council Check Register
7/3/2001
Check# Amount Vendor Account Description Business Unit
101158 1,153 MINNEGASCO Other Contracted Services Water Well#11
101159 40 MINNESOTA COMMERCE DEPARTMENT Licenses&Taxes In Service Training
101160 100 MOONEY BETH Refunds Environmental Education
101161 795 NATIONAL TECHNOLOGY TRANSFER I Conference Expense In Service Training
101162 81 NEWTON J.RANDALL Mileage&Parking Engineering
101163 166 PETTY CASH-POLICE DEPT Operating Supplies Uquor Compliance
101164 735 PITNEY BOWES INC Other Rentals General
101165 19,980 RELIANT ENERGY RETAIL INC. Gas Water Treatment Plant
101166 120 SENSIBLE LAND USE COALITION Miscellaneous In Service Training
101167 5,000 ST.ANDREW LUTHERAN CHURCH Deposits Escrow
101168 100 STEINLICHT CONNIE Refunds Environmental Education
101169 378 VERIZON DIRECTORIES CORP Advertising Prairie View Liquor Store
101170 86 WEEDMAN NICOLE Mileage&Parking Youth Programs Administratic
101171 225 ZIEBART OF MINNESOTA INC Capital Under$2000 Fleet Services
101172 100 ZIMMERMAN ALEXANDRA Refunds Environmental Education
101173 149 ACE ICE COMPANY Misc Taxable Prairie View Liquor Store
101174 433 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store
101175 44 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
101176 1,932 BELLBOY CORPORATION Liquor Den Road Liquor Store
101177 11,251 DAY DISTRIBUTING Beer Prairie View Liquor Store
101178 4,339 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store
101179 22,431 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store
101180 473 GETTMAN COMPANY Misc Taxable Den Road Liquor Store
101181 1,053 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store
101182 3,522 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store
101185 13,966 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store
101186 1,377 LAKE REGION VENDING Tobacco Products Den Road Liquor Store
101187 7,493 MARK VII Beer Den Road Liquor Store
101188 348 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
101189 447 NORTH STAR ICE Misc Taxable Prairie Village Liquor Store
101190 1,388 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store
101192 9,599 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store
101193 695 PINNACLE DISTRIBUTING Tobacco Products Den Road Liquor Store
101194 3,112 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store
101195 4,545 QUALITY WINE&SPIRTS CO Liquor Den Road Liquor Store
101196 20,114 THORPE DISTRIBUTING Beer Den Road Liquor Store
101197 954 WINE COMPANY THE Wine Domestic Den Road Liquor Store
101198 3,225 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store
101199 22 ANDERSON CINDY Clothing&Uniforms Police
101200 308 ASPEN WASTE SYSTEMS INC. Equipment Repair&Maint Maintenance
101201 3,060 COUSINS CONCRET&MASONRY INC Other Contracted Services 2000 Rehab
101202 500 CRAWFORDANN Other Contracted Services Summer Theatre
101203 41 DALE SORENSEN CO Plumbing Permits General Fund
101204 250 DUHRKOPH CLARK Other Contracted Services Summer Theatre
101205 200 ESTEP SHARI Other Contracted Services Accessibility
101206 15 EXPRESS MESSENGER SYSTEMS INC Postage General
101207 500 GIROUX CLAUDE Other Contracted Services Summer Theatre
101208 396 GLOTZ'S SPECIALITIES Operating Supplies Summer Safety Camp
101209 30 GOVERNMENT FINANCE OFFICERS AS Training Supplies Finance
101210 242 HEATING&COOLING TWO INC Mechanical Permits General Fund
101211 354 HENNEPIN COUNTY Waste Disposal Park Maintenance
101212 200 HOLTE MARY Other Contracted Services Accessibility
101213 67 KRESS CARLA Mileage&Parking Adaptive Recreation
101214 275 LAWLEY PUBLICATIONS Dues&Subscriptions In Service Training
101215 150 LIMBERG KRISTY Other Contracted Services Summer Theatre
101216 9,536 MASSMUTUAL LIFE INSURANCE CO. Building Rental Prairie View Liquor Store
101217 26 MENARDS Operating Supplies Street Maintenance
101218 2,678 METRO SALES INCORPORATED* Equipment Repair&Maint General
101219 173,645 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General
101220 2,053 MINNESOTA UC FUND Unemployment Compensation Employee Benefits
101221 285 NORDQUIST JOY Other Contracted Services Summer Safety Camp
101222 300 PARADES DAN Other Contracted Services Summer Theatre
101223 34 PHOTO KING Video&Photo Supplies Special Events Administratlor
101224 3,860 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
101225 82 QUICKSILVER EXPRESS COURIER Postage General
101226 200 RATEIKE MARILYN JANE Other Contracted Services Summer Theatre
101227 150 RAVEY LEANNE Other Contracted Services Summer Theatre
101228 20 RENEWAL BY ANDERSON Building Permits General Fund
101229 109 RONS MECHANICAL Mechanical Permits General Fund
101230 28 STAR TRIBUNE Misc Non-Taxable Prairie View Liquor Store
101231 40 TELEPHONE ANSWERING CENTER INC Other Contracted Services Water Treatment Plant
101232 695 UNIVERSITY OF MINNESOTA Conference Expense In Service Training
101233 255 US POSTMASTER-HOPKINS Postage Senior Center Program
101234 1,125 WELLS FARGO BANK MINNESOTA NA Paying Agent Open Space Debt 1994
101235 3,466 XCEL ENERGY Principal Traffic Signals
101236 154 A P LAWN INC Building Repair&Maint. Fire Station#1
101237 117 ATO Z RENTAL CENTER Other Rentals Street Maintenance
101238 36 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Water System Maintenance
101239 1,800 ACME WINDOW CLEANING INC. Building Repair&Maint Public Works/Parks
5
City of Eden Prairie
Council Check Register
7/3/2001
Check# Amount Vendor Account Description Business Unit
101240 399 ALTERNATIVE BUSINESS FURNITURE Capital Under$2000 Furniture
101241 59 ANCHOR PAPER COMPANY Office Supplies General
101242 621 AQUA LOGIC INC Repair&Maint Supplies Pool Maintenance
101243 165 ARMOR SECURITY INC. Other Contracted Services Outdoor Center
101244 1,436 ASPEN CARPET CLEANING Other Contracted Services City Center Operations
101245 140 ASPEN EQUIPMENT CO. Equipment Parts Fleet Services
101246 237 AUTO ELECTRIC SPECIALISTS Equipment Repair&Maint Fleet Services
101247 484 BAILEY NURSERIES INC Landscape Materials/Supp Reforestation
101248 177 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services
101249 1,872 BECKER ARENA PRODUCTS INC Repair&Maint.Supplies Ice Arena
101250 198 BERRY COFFEE COMPANY Operating Supplies Fire
101251 2,900 BERRY WRITING GROUP INC Conference Expense In Service Training
101255 8,472 BIFFS INC Waste Disposal Park Maintenance
101256 35,772 CAPITOL COMMUNICATIONS Other Assets Capital lmpr./Maint.Fund
101257 813 CD PRODUCTS INC Advertising July 4th Celebration
101258 1,393 CDW GOVERNMENT INC. Operating Supplies Police
101259 3,433 CEMSTONE Asphalt Overlay Street Maintenance
101260 1,670 CENTRAIRE INC Other Contracted Services Fire Station#3
101261 104 CHANHASSEN BUMPER TO BUMPER Equipment Parts Fleet Services
101262 107 CLAREYS INC Repair&Maint.Supplies Fire
101263 348 COMPLIANCE TRAINING RESOURCES Tuition Reimbursement/School Fire
101264 278 CONNEY SAFETY PRODUCTS Safety Supplies Fleet Services
101265 116 CONSTRUCTION MATERIALS INC Small Tools Street Maintenance
101266 1,414 CORPORATE EXPRESS Office Supplies Police
101267 30 CROWN MARKING INC Operating Supplies Police
101268 367 CUB FOODS EDEN PRAIRIE Operating Supplies Fire
101269 82 CUSHMAN MOTOR COMPANY INC. Equipment Parts Fleet Services
101270 8,143 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant
101271 611 CY'S UNIFORMS Clothing&Uniforms Police
101272 35,479 DAFFINSON ASPHALT Other Contracted Services Engineering-Land Developme
101273 862 DANKO EMERGENCY EQUIPMENT CO Protective Clothing Fire
101274 829 DECORATIVE DESIGNS INC Other Contracted Services City Center Operations
101275 78 DEKO FACTORY SERVICE INC Small Tools General Facilities
101276 14 DIGI-KEY Equipment Parts Wireless Communication
101277 301 DRISKILLS NEW MARKET Operating Supplies Fire
101278 113 DYNA SYSTEMS Equipment Parts Water Treatment Plant
101279 350 EAGLE TRAINING LLC Tuition Reimbursement/School Police
101280 1,114 EARL F ANDERSEN INC Signs Traffic Signs
101282 754 ECOLAB INC Other Contracted Services Fire Station#3
101283 1,235 EF JOHNSON Capital Under$2000 Wireless Communication
101284 413 ELECTRICAL MECHANICAL SERVICES Other Contracted Services Water Treatment Plant
101285 69 ELVIN SAFETY SUPPLY INC Protective Clothing Storm Drainage
101286 724 FACILITY SYSTEMS INC Capital Under$2000 Furniture
101287 284 FASTENAL COMPANY Equipment Parts Fleet Services
101288 244 FELLING TRAILERS Equipment Parts Fleet Services
101289 117 FERRELLGAS Motor Fuels Ice Arena
101290 504 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police
101291 29 FRANKLIN COVEY CO. Office Supplies General
101292 103 G&K SERVICES DIRECT PURCHASE Clothing&Uniforms General Facilities
101293 396 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant
101294 165 GARDEN&ASSOC INC Other Contracted Services Police
101295 193 GE CAPITAL Other Rentals General
101296 64 GINA MARIAS INC Operating Supplies Fire
101297 326 GREATAMERICA LEASING CORP. Other Rentals General
101298 32 GREENMAN TECHNOLOGIES OF MN IN Equipment Repair&Maint Fleet Services
101299 212 GREENTREE GRAPHIC PRODUCTS Training Supplies Fire
101300 10,445 HANSEN THORP PELLINEN OLSON Design&Engineering Improvement Projects 1996
101301 11,197 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services
101302 2,367 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant
101303 285 HENNEPIN COUNTY TREASURER Operating Supplies Community Development
101304 284 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
101305 524 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance
101306 560 HUMAN SERVICES-EMSOCS Other Contracted Services Park Maintenance
101307 718 HYDROLOGIC Repair&Maint.Supplies Park Maintenance
101308 3,918 ICERINK SUPPLY CO Repair&MainL Supplies Ice Arena
101309 17 IKON OFFICE SOLUTIONS* Office Supplies Fire
101310 3,653 INDEPENDENT SCHOOL DIST NO.27 Other Contracted Services Housing Trans&Human Sen.
101311 953 INFRATECH Operating Supplies Storm Drainage
101312 982 INGRAHAM&ASSOC Other Contracted Services Park Acquisition&Developmi
101313 539 INSPEC INC. Other Contracted Services Capital Impr./Maint.Fund
101314 327 ITS A KEEPER Employee Award Human Resources
101315 177 J H!.ARSON ELECTRICAL COMPANY Building Repair&Maint General Facilities
101316 1,832 JANEX INC Cleaning Supplies General Facilities
101317 555 JOHN HENRY FOSTER MINNESOTA IN Other Contracted Services Water Treatment Plant
101318 410 KLOECKNER LINDA Advertising July 4th Celebration
101319 438 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance
101320 234 LAKE COUNTRY DOOR Building Repair&Maint. Fire Station#3
101321 285 LAKELAND FORD TRUCK SALES Equipment Parts Fleet Services
101322 118 LANDS END CORPORATE SALES Clothing&Uniforms Police
6
City of Eden Prairie
Council Check Register
7/3/2001
Check# Amount Vendor Account Description Business Unit
101323 974 LANO EQUIPMENT INC Other Rentals Street Maintenance
101324 5,356 LARKIN HOFFMAN DALY&LINDGREN Legal Construction Fund
101325 123 LEROY JOB TRUCKING Other Contracted Services Animal Control
101326 666 LIFE SAFETY SYSTEMS Other Contracted Services Public Works/Parks
101327 152 LIFEGUARD STORE INC THE Clothing&Uniforms Round Lake Marina
101328 24,613 LOGIS LOGIS Information Technology
101329 727 LOT LINES INC Other Contracted Services Capital Impr./Maint.Fund
101330 361 MACDONALD&MACKARCHITECTS LT Other Contracted Services Grant-in-Aid 2271B-00-HE
101331 218 MAXI-PRINT INC Printing Police
101332 211 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance
101333 1,841 METRO PRINTING INC Printing Fire
101334 2,327 METRO SALES INCORPORATED* Other Rentals General
101335 9 METROPOLITAN FORD Equipment Parts Fleet Services
101336 410 MICHAEL WILKUS JEFFREY RAPP AR Other Contracted Services General Facilities
101337 5,459 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance
101338 45 MIDWEST ENGINE SERVICE&SUPPL Operating Supplies Park Maintenance
101339 7,240 MILLER DUNWIDDIE Other Contracted Services Heritage Preservation
101340 310 MINE SAFETY APPLIANCES COMPANY Tuition Reimbursement/School Fire
101341 615 MINNESOTA CONWAY Equipment Testing/Cert. Fire
101342 35 MINNESOTA COUNTY ATTORNEYS ASS Printing Police
101343 1,290 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance
101344 82 MINNESOTA TROPHIES&GIFTS Operating Supplies Police
101345 417 MINNESOTAVIKINGS FOOD SERVICE Miscellaneous General Facilities
101346 71 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance
101347 1,074 MTI DISTRIBUTING INC Equipment Parts Fleet Services
101348 1,320 MYRON WILL LAWN MAINTENANCE Other Contracted Services Park Maintenance
101349 198 NORTHERN TOOL&EQUIPMENT CO. Small Tools Street Maintenance
101350 107 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire
101351 19 OLSEN COMPANIES Protective Clothing Storm Drainage
101352 404 OSI BATTERIES INC Operating Supplies Police
101353 75 PAIN ENTERPRISES INC. Chemicals Pool Maintenance
101354 37 PAPER WAREHOUSE Miscellaneous Police
101355 645 PARK NICOLLET INSTITUTE Conference Expense In Service Training
101356 9,134 PETERSON ENVIRONMENTAL CONSULT Design&Engineering Construction Fund
101357 56 PETSMART Canine Supplies Police
101358 1,800 PLEHAL BLACKTOPPING INC Other Contracted Services Water Well#5
101359 14 POKORNY COMPANY Repair&Maint.Supplies Fire Station#3
101360 1,381 PRAIRIE ELECTRIC COMPANY Repair&Maint.Supplies Pool Maintenance
101361 26 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance
101362 128 PRINTERS SERVICE INC Repair&Maint.Supplies Ice Arena
101363 59 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services
101364 406 QUALITY FLOW SYSTEMS INC Equipment Parts Sewer Liftstation
101365 102 RAINBOW RACING SYSTEM INC Operating Supplies Pool Special Events
101366 254 RECREONICS Building Materials Park Acquisition&Developmr
101367 80 RESERVE OFFICER TRAINING ASSOC Tuition Reimbursement/School Reserves
101368 33,136 RMR SERVICES INC Equipment Parts Water Meter Repair
101369 124 SAFETY-KLEEN Other Contracted Services Park Maintenance
101370 354 SALLY DISTRIBUTORS Operating Supplies Ice Special Events
101371 57 SEELYE PLASTICS INC Equipment Repair&Maint Water Treatment Plant
101372 28,270 SHORT ELLIOT HENDRICKSON INC Design&Engineering Improvement Projects 1996
101373 138 SIGN A RAMA Operating Supplies Police
101374 344 SNAP-ON TOOLS Small Tools Fleet Services
101375 327 SNELL MECHANICAL INC Repair&Maint.Supplies Ice Arena
101376 21 SOFTWARE HOUSE INTERNATIONAL I Software Information Technology
101377 190 SPECTRUM LABS INC Other Contracted Services Round Lake
101378 500 SPORTS WORLD USA INC Clothing&Uniforms July 4th Celebration
101379 57,158 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 1996
101380 69 ST JOSEPH EQUIPMENT INC Equipment Repair&Maint Fleet Services
101381 3,094 STREICHERS Training Supplies Police
101382 306 STRINGER BUSINESS SYSTEMS INC Equipment Repair&Maint General
101383 201 SUBURBAN PROPANE Equipment Repair&Maint Fleet Services
101384 744 SUBURBAN TIRE&AUTO SERVICE I Tires Fleet Services
101385 355 SURVIVALINK CORP Capital Under$2000 Police
101386 250 SWEDLUNDS Waste Disposal Outdoor Center
101387 1,722 SYSTECH SERVICES Computers Police
101388 80 TARGET Operating Supplies Fitness Classes
101389 62 TOLL GAS AND WELDING SUPPLY Operating Supplies Pool Special Events
101390 40 TWIN CITY OXYGEN CO Repair&Maint.Supplies Water System Maintenance
101391 674 UNIFORMS UNLIMITED Clothing&Uniforms Police
101392 8,456 UNITED RENTALS HIGHWAY TECHNOL Contracted Striping Traffic Signs
101393 2,918 UNITED RENTALS-HT BRANCH#229 Signs Traffic Signs
101394 107 US CAVALRY Clothing&Uniforms Police
101395 431 US OFFICE PRODUCTS Office Supplies Water Utility-General
101396 3,728 VALLEY RICH CO INC Other Contracted Services Water System Maintenance
101397 1,625 VOPAK USA INC. Chemicals Water Treatment Plant
101398 254 VOSS LIGHTING Repair&Maint.Supplies Maintenance
101399 282 W W GRAINGER Operating Supplies General Facilities
101400 259 WALTERS SWIM SUPPLIES INC. Clothing&Uniforms Pool Lessons
101401 446 WATER SPECIALITY OF MN INC Chemicals Pool Maintenance
City of Eden Prairie
Council Check Register
7/3/2001
Check# Amount Vendor Account Description Business Unit
101402 47 WEST WELD Equipment Parts Fleet Services
101403 2 WESTBURNE SUPPLY INC-PLYMOUT Repair&Maint.Supplies Maintenance
101404 3,422 WESTWOOD PROFESSIONAL SERVICES Design&Engineering Capital Impr./MainL Fund
101405 228 WM MUELLER AND SONS INC Gravel Water System Maintenance
101407 206 WOLF CAMERA INC Video&Photo Supplies Tree Disease
101408 262 XPECT FIRST AID Safety Supplies Risk Management
101409 386 YALE INCORPORATED Other Contracted Services Water Well#4
101410 280 ZEE MEDICAL SERVICE Safety Supplies Riley Lake Beach
101411 1.175 ZEP MANUFACTURING CO Lubricants&Additives Fleet Services
1,692,841 Grand Total
CITY COUNCIL AGENDA
DATE: 07/10/01
SECTION: ORDINANCES AND RESOLUTIONS
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development
Donald R. Uram Ahmsnn Rezoning J , A
Michael D. Franzen
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Change
from Rural to R1-22 on 1.03 acres.
Synopsis
This is a rezoning of a single family lot from Rural to R1-22 located at 6604 Golden Ridge
Drive.
Background Information
No Developer's Agreement is necessary. The Council is requested to take action on the second
reading ordinance.
Attachments
1. Ordinance for Zoning District Change
AHMANN REZONING
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. -2001
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 District and be placed in the R1-22 District.
Section 3. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural District and shall be included hereafter in the R1-22 District, 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 4. City Code Chapter 1, entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99,
"Violation a Misdemeanor"are hereby adopted in their entirety,by reference, as though repeated
verbatim herein.
Section 5. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
10th day of July, 2001, and finally read and adopted and ordered published in summary 10th day
of July, 2001.
ATTEST:
Kathleen A. Porta, City Clerk Jean L.Harris,Mayor
PUBLISHED in the Eden Prairie News on
EDIT A
Ahmann Rezoning
Legal Description:
South 300 feet of the East 150 feet of that part of the Northeast Quarter of the Southeast Quarter
of Section 2,Township 116,Range 22 lying north of Lot 3,Block 2, Golden Ridge Hills
AND
South 100 feet of Lot 1,Block 2, Golden Ridge Hills,Hennepin County,Minnesota.
3
AHMANN REZONING
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF •
ORDINANCE NO. -2001
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:
Summary: This ordinance allows rezoning of land located at 6604 Golden
Ridge Drive from Rural to R1-22 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 the
(A full copy of the text of this Ordinance is available from City Clerk.)
EXHIBIT A
Ahmann Rezoning
Legal Description:
South 300 feet of the East 150 feet of that part of the Northeast Quarter of the Southeast Quarter
of Section 2, Township 116,Range 22 lying north of Lot 3, Block 2, Golden Ridge Hills
AND
South 100 feet of Lot 1,Block 2, Golden Ridge Hills,Hennepin County, Minnesota.
s
•
•
CITY COUNCIL AGENDA DATE: July 10,2001
SECTION: Reports of Director Parks and Recreation Services
SERVICE AREA/DIVISION: ITEM DESCRIPTION: Recommendation ITEM NO:
Through: Chris Enger, City Regarding Water Surface Use Ordinance for
Manager Smetana Lake
From: Robert A. Lambert epkid
Director,Parks and Recreation
Requested Action
Move to: Approve the first reading of an ordinance regulating to surface use of Smetana
Lake amending City Code Chapter 9, which would make it unlawful to launch or
operate a motorboat on Smetana Lake except for 1) boats powered by electric
motors, and 2) boats operated by enforcement, emergency and resource
management personnel acting in the performance of their duties.
Synopsis:
City staff supports the request of residents of Real Life and the owner of one of the office
buildings on Smetana Lake for the City to consider restricting the use of this lake to electric
trolling motors only. This ordinance will allow large fishing boats to launch at the public access,
but will only allow them to use electric trolling motors. This restriction provides for a wide
variety of public use of this small lake,but will not allow high speed boats to disrupt the fragile
shoreline, or noisy boats to disrupt the residents and office buildings that surround this small
natural environment lake.
Background:
•
There are currently seven lakes within Eden Prairie that have public access. Five of those lakes
have some sort of restricted use. There is a 10 horsepower limit on Red Rock Lake and Mitchell
Lake, electric motors only restriction on Round Lake, no motor restriction on Duck Lake, and a
speed limit restriction on Bryant Lake on Sundays and holidays. Staring Lake and Riley Lake
have no restrictions.
The intent of the proposed ordinance is to regulate the surface use of this small lake in order to
promote its fullest use for enjoyment by the public in general, but to ensure safety for persons
and property in connection with the use of the lake, to harmonize and integrate the varying uses •
of the lake, and to promote the general health, safety, and welfare of the citizens using the lake,
as well as those who live and work in the immediate vicinity.
City Council Agenda July 10,2001
Recommendation Regarding Water Surface Use Ordinance for Smetana Lake
Page 2 -
This lake is too small to accommodate personal watercraft, water skiing, and other high speed
uses, as there is only 55 acres of surface water of which a significant portion of that is not
accessible from the main lake due to the dike on the west end of the lake. Much of the shoreline
is an extremely fragile cattail marsh,which would be disturbed by significant wave action caused
by high speed boats that would only be able to operate in a relatively tight circle.
The process for approval of a Surface Management Ordinance is review by the City with a public
hearing at the Planning Board and with initial approval by the City Council. The ordinance then
must be reviewed and approved by the Department of Natural Resources prior to the second
reading, which would again be conducted by the City Council. The Planning Commission
recommended approval of this ordinance at their June 25th meting. Staff would recommend this
ordinance be in place by the time the public access is opened for this first time this fall.
BL:mdd
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. -01
- AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE
CHAPTER 9 BY ADDING SECTION 9.68 RELATING TO THE REGULATION OF THE USE
OF SMETANA LAKE; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 9.99,*RICH AMONG-OTHER THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS:
Section 1.City Code Chapter 9 shall be and is amended by adding thereto section 9.68 which
reads as follows: .
SECTION 9.68 REGULATION OF USE OF SMETANA LAKE"
• Subd. 1. It is unlawful to launch or operate a motorboat on Smetana Lake except for
(1)boats powered by electric motors;(2)boats operated by enforcement,emergency and
• resource management personnel acting in the performance of their duties; and (3)
excursion boats owned and operated by the City of Eden Prairie.
Section 2. City Code Chapter 1 entitled."General Provisions and Definitions Applicable to
the Entire City Code Including Penalty for Violation" and Section 9.99 entitled "Violation a
Misdemeanor"are hereby adopted in their entirety,byreference,as though repeated verbatim herein.
Section 3.This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
day of , 2001, and finally read and adopted and ordered published at a
regular meeting of the City Council of said City on the day of ,2001.
•
City Clerk Mayor
•
PUBLISHED in the Eden Prairie News on the day of ,2001.
EMoraroaemetan.lake a ace
- 3
CITY COUNCIL AGENDA DATE:
July 10, 2001
SECTION: Reports of Councilm.embers
SERVICE AREA: ITEM DESCRIPTION: ITEM NO.:
City Council/ Report on Leadership Effectiveness Workshops I i f
Mayor Jean Harris
Requested Action
Move to:
• Receive the"Summary of Key Observations and Conclusions Reached by the Participants"report dated
June 14, 2001,prepared by Neu&Company resulting from Leadership Effectiveness workshops of the
City Council, City Manager and Management Staff; and
• Adopt the report's recommendations.
Synopsis
The City engaged the services of Carl Neu of Neu&Company to facilitate a series of three workshops (held
April 27-28,May 16, and May 29, 2001)to assist the City Council, City Manager and the Service Area
Directors in Leadership Effectiveness. Mr. Neu writes in a June 15, 2001, letter to the City Manager, "Eden
Prairie is a community entering a phase when its leadership direction and priorities are vitally important to
defining the community's mature (fully built out) character and presence in the metropolitan area. For this
reason, it is important that the Council and staff recognize the pivotal choices they must make and the
absolute necessity to function as a highly-productive, cohesive,responsible and respected team. Factors or
behaviors distracting from these elements will only lead to a deterioration of the group's leadership potential
resulting in detrimental effects upon and throughout the community."
Attachment
Final Report
1
N1311
0 COMPANY
CITY OF EDEN PRAIRIE, MINNESOTA
LEADERSHIP EFFECTIVENESS
WORKSHOPS:
• April 27-28, 2001
• May 16, 2001
• May 29, 2001
SUMMARY OF KEY OBSERVATIONS AND
CONCLUSIONS REACHED BY THE
PARTICIPANTS
FINAL REPORT
PREPARED BY
CARL H. NEU, JR.
June 14, 2001
a
CITY OF EDEN PRAIRIE,MINNESOTA
LEADERSHIP EFFECTIVENESS WORKSHOPS:
• April 27-28, 2001
• May 16,2001 •
• May 29, 2001
SUMMARY OF KEY OBSERVATIONS AND
CONCLUSIONS REACHED BY THE PARTICIPANTS
FINAL REPORT
Prepared By
Carl H. Neu, Jr.
June 14, 2001
INTRODUCTION
Starting on April 28-29, the Council and Management Team of the City of Eden
Prairie engaged in a series of Leadership Effectiveness Workshops. The key
observations and conclusions reached by the participants at the April 27-28 and
May 16 workshops are enclosed in this report as Attachments A and B.
The remainder of this report will focus on the outcomes of the May 29 workshop.
H. KEY OBSERVATIONS AND CONCLUSIONS REACHED BY THE
PARTICIPANTS
A. Introduction to the Workshop by the Facilitator
The facilitator presented to the group an outline focusing on a number of
issues pertaining to Council-City manager/staff relationships. This outline
is included in this report as Appendix C.
Primary attention during the workshop was addressed to the following
four areas:
1. Agendas and bringing issues before the Council.
'3
2. Code of conduct
3. Council forums,meetings, and Council meeting schedules.
4. The development process.
B. Agendas and Bringing Items Before Council
The following observations and conclusions were developed pertaining to
types of items and agendas coming before Council (based upon notes
made by Nancy at the meeting).
1. Procedural - consent calendar, public hearings - driven by' time
(calendar) and rules-these items are not a problem.
2. Petitions and requests,informational items
a. Staff-driven
Evaluated by the group at Wednesday staff meeting.
b. Council-driven
(1) Chris could evaluate the appropriate/best format to
present the info (e-mail, paper, report, meeting) on
the basis of whether the info is purely for the
Council or needs to be presented in a public format.
If the Council member disagrees with the Manager
decision, it should take 2 Council members to put it
on the agenda. Allow 2 weeks.
(2) If an item will go to staff for further info, no action
is required - 2 weeks are needed. EXCEPTIONS:
public safety issues, issues with deadlines imposed
by a higher governmental entity, etc.
(3) Reports of Council members should be
informational - inform staff that an issue will be
brought up. If it will result in direction to staff,
there should be a majority promoting it.
3. Murky area - groups that want to appear on our agenda to inform
and influence us. We agree that we want the Council meetings to
be used for business - not info from groups. They can come to
forums. If they want to be on the agenda, they need 2 Council
members to promote this.
AL{
C. Code of Conduct
The participants made the following suggestions:
1. Add two items to the code
• Respect agreed-upon process •
♦ Respect roles and responsibilities
2. Readopt the Code of Conduct(Council and Staff)
3. Review as part of Workshop to determine if"code"is being
followed.
On the next page is the revised proposed Code of Conduct that the
participants recommend be adopted and affirmed by the Council and Staff.
D. Council Forums, Meetings, and Meeting Schedules and Council
Member Communications
The participants made a series of recommendations listed on pages 5 and 6
pertaining to council forums,meetings, and meeting schedules.
E. Recommendations Regarding the Development Process
The participants made the observations shown on page 7 pertaining to the
development process.
F. Other Observations pertaining to Boards and Commissions
• There needs to be a review of the current status of the Board and
Commission structure to look at efficiency, effectiveness and retention
of Board members.
• Schedule a workshop to review the current status of the Board and
Commission structure.
•
/5
0
rc of
Eden Prairie
Code of Conduct
1.. Respect agreed upon process
2. Respect each other
3. Respect roles and responsibilities
4. Have an open mind
5. Maintain open communication .
6. Keep things in perspective; maintain a sense of humor
•
7. Support group decisions and teamwork
8. Make balanced, informed decisions
•
9. Practice continuous improvement
10. Operate according to the City's adopted values and goals
11. Make decisions for the greater good of the community
It is the responsibility of each Councilmember and staff member to practice
and ensure these guidelines are followed.
• Reaffirmed by the City Council and Management Staff .
(date)
Mayor's Signature
City Manager's Signature
Strategic Management/Eden Prairie 2001
City Council/Staff Workshop,April 22 and May 27,1997
C'.`.windowslTEMP`Code of Conduct-2001doc
SUMMARY OF COUNCIL/STAFF DISCUSSION ON COUNCIL FORUM AND
MEETING SCHEDULE
PROPOSED MODIFICATIONS TO CITY COUNCIL SCHEDULE
I. Modify Workshop/Forum to provide focused time for each by designating
one meeting per month for the Forum and one for the Workshop
Council Forum Participation: To receive priority of a
First Meeting of the Month scheduled time(10-15 minutes),
6:00—6:45 p.m. participants must contact the Office of
the City Manager by noon the day of
the meeting. Participants will be
scheduled on a first come, first served
basis. Walk-ins will be given an
opportunity to present(3-5 minutes),
•
time allowing.
Workshop
Second Meeting of the Month
• 5:00—6:45 p.m.
H. Provide time for more in depth discussions between Council and staff •
Extended Workshops(two per year)
Third Tuesday in March and October
M. • Provide opportunity for Council to meet more informally with the people at
off-site locations
Town Meetings --Offsite, Selected Topics
Second Tuesday in March and October
7:00—9:00 p.m.
IV. Closed Sessions
Hold on short Council Forum nights whenever possible(first meeting of the
month)
V. Provide for an Annual City Council/Staff Retreat to review strategies and set
strategic direction for upcoming year(s)
First Quarter Retreat—Facilitated
Friday/Saturday—late March,before Spring Break
7
COUNCILMEMBER COMMUNICATIONS
Goal: To provide Council with information they need to make decisions and/or respond to community
questions regarding policy,budget or services.
Councilmember's request must be framed with a purpose and description of how it will be used; data/
information provided will be shared with all Councilmembers.Mayor requests may be directed to City
Manager without Council support. Data will be shared with all Councilmembers.
Reason for Communication Access Level
Clarification of items in packet Staff who authored
report
Community questions MGMT/SAD/CM
Request for opinion MGMT/SAD/CM
To share information(FYI,pass along comments, etc.) SAD/CM
To share concerns/raise a question CM/SAD
Request for Additional Information that Requires Staff Time and Resources Access Level
Additional information readily available that requires minimal time SAD
(collating,pulling minutes)
Expanded information on focused issue already known to
City Council and staff CM
Complex, time-consuming—Philosophical, political,broad application, new City Council must
request
E-mail requests from Council should be short, specific—requiring only a simple response
Note: Staff needs to be given guidelines on how to respond to Council requests and who to inform.
SUMMARY OF COUNCIL/STAFF DISCUSSION REGARDING THE DEVELOPMENT
PROCESS. MAY 29,2001
DEVELOPMENT PROCESS•
• Development process to be followed
• Roles and relationship among Council,Planning Board and staff
• Code of conduct
Based on the small group discussion,the following issues need to be addressed:
• There needs to be a reaffirmation of faith in the Planning Board and staff review process,
but a need to educate Planning Board on Council Policy.
• There needs to be a common understanding of the Guide Plan and Council expectations for
on-going development.
• Early conveyance of Council opinions to developers can hamper the negotiation process at
staff and Planning Board level.
• After each election, there needs to be an education process to sort out any course
corrections and Council expectations for on-going development.
• When the City Council works at a detail level at Council meetings, rather than at a policy
level,it has a tendency to disempower staff in the review and negotiation process.
• Should the Council attend the neighborhood meetings held before the Planning Board?
Based on input from the small group and by consensus of the large group discussion,the following
policies and practices were brought forward:
• A joint workshop with the Planning Board to be scheduled to review remaining
development parcels/areas. The goal would be to seek input from the Planning Board and
staff and for the Council to establish parameters and guidelines for their expectations of
final development. This may be concurrent with the Guide Plan update process.
• Councilmembers will not meet with developers in advance of the Council review process
• Council will refrain from meeting with residents until after Planning Board action on a •
project.
M. RECOMMENDATIONS FOR FOLLOW-UP
A. Affirmation of conclusions reached on agenda setting, code of conduct,
council member communications, and council forums/meetings/meeting
schedule.
1. The Council and City Manager/staff should review the
recommendations that were developed at the May 29 workshop
and affirm/adopt these conclusions as official Council policy that
all members and staff will follow.
2. The Council should monitor its progress towards commitment to
and the practice of the procedures and agreements outlined above.
3. The Council and staff should schedule a fall workshop, possibly
with the facilitator, to evaluate the gains made in relationships and
procedures as the basis for sustaining these efforts and identifying
opportunities for additional progress.
4. The Mayor, and Council members should hold each other
accountable for commitment to the practices and principles
developed during these workshop discussions.
B. The Development Process
The development process, representative of one issue pertaining to
council-board/commission relationships, is extremely critical and must be
reaffirmed as a productive partnership involving council, the planning and
zoning commission, and the staff. The recommendations made by the
group on May 29 should be acted upon as rapidly as possible to rebuild
relationships among the three parties involved in the development process
and to serve as a model for Council relationships with other boards and
commissions.
C. Budget for and administering Council expenses
This item, touched on briefly at the end of the May 29 workshop, remains
unresolved. It places the City Manager in an untenable position to have to
monitor and approve/disapprove Council and Council member
expenditures. The functions of budgeting for and administering Council
expenses should reside solely within Council. It is recommended that
Council, as a whole, establish its budget pertaining to Council operations,
travel, etc. The oversight for the administration of this budget probably
should be delegated by the Council to the Mayor as the presiding officer
of the governing body. The oversight process then would be required to
ensure that actual expenditures are made within the constraints of the
approved budget and are consistent with Council policy and prudent
administrative/financial management procedures.
D. Council Goals and Priorities
Recommendations were made at the April 27-28 workshop pertaining to
establishing Council goals and priorities, revisions to the Guide Plan, and
reaffirmations of strategic initiatives. A workshop should be established,
probably in October, for Council to conduct these three tasks annually.
However, this Council needs to reaffirm or modify the strategic initiatives
in accordance with its leadership priorities and make appropriate
adjustments to the Guide Plan. Additionally, at this workshop, Council
must establish its long-term goals and immediate priorities and direction
so that staff and can prepare and submit to the Council an appropriate
• budget for the next calendar year. Through the strategic initiatives,
revised Guide Plan, and Council goals and priorities, leadership direction
from this Council can be clear and serve as the basis for Council-staff
working relationships.
•
•
' [1
CITY COUNCIL,AGENDA DATE:
July 10,2001
SECTION: Other Business
SERVICE AREA: ITEM DESCRIPTION: ITEM NO.:
City Manager/ Adopt Position Paper on Flying Cloud Airport X I V , A
Chris Enger Expansion prepared by Peter Kirsch
Requested Action
Move to: Adopt the position paper that expresses specific views and objectives concerning Flying Cloud
Airport.
Synopsis
As a result of closed session discussions,the staff and special counsel have prepared a brief summary of
specific views and objectives concerning operations and growth at Flying Cloud Airport. This summary has
been released in anticipation of the Council's formal adoption at the July 10 meeting. This document
identifies and explains the City's position on Flying Cloud Airport and should provide the basis for public
understanding and initial discussions with Metropolitan Airports Commission.
Attachment
Press Release
Position Paper
1
PRESS RELEASE
June 20, 2001
Eden Prairie, MN —
The Eden Prairie City Council took action at its June 5 and 19 meetings to
reaffirm its intention to preserve the City's interest in limiting impacts from expansion of
Flying Cloud Airport.
The Council voted unanimously at its June 5 meeting to direct its special counsel
(1)to retain a firm to assist in communicating the City's position to the public and
opinion leaders in the region, and (2) to review City ordinances to determine whether
the Code adequately protects against adverse impacts from the Flying Cloud Airport.
In a related action, the Council on June 19, repealed the City ordinance providing
for City participation in the Flying Cloud Airport Advisory Commission. In a letter to
MAC Chair Charles Nichols explaining the Council's action, Mayor Jean Harris
explained that the Council's action "was predicated on the view that . . . communications
with MAC . . . should involve the principals rather than members a quasi-independent
body with no authority to speak for or bind either the City or the MAC Commission."
Mayor Harris has offered to meet immediately with members of the MAC to discuss the
best way to preserve the limits on operations at Flying Cloud that have been successful
in preserving the character of the airport.
The City also has released a brief summary of its closed session discussions that
identifies and explains the City's position on Flying Cloud Airport. This document is
expected to be-formally adopted at the City Council meeting scheduled for July 10. A
copy of this document is attached.
•
•
City of Eden Prairie
Flying Cloud Airport
The City Council of the City of Eden Prairie has prepared this position paper to express its
specific views and objectives concerning operations and growth at Flying Cloud Airport.
1. Decisions concerning the future of the Airport must not threaten to change the fundamental
character of the Airport. This community has grown up in reliance on the fact that this is a
small-scale facility catering to small aircraft used for corporate and recreational purposes;
changes to its fundamental character are unacceptable.
2. MAC must provide adequate protections against increases in noise exposure. The principal
limit on noise today is Ordinance 51. MAC must retain Ordinance 51 or take other action
that will provide similar limits on operations and noise.
3. Only expansion that is justified by a compelling need and containing adequate mitigation will
be acceptable. MAC has not yet proven that it has considered all options and is committed to
mitigate the adverse impacts of expansion.
4. Current operations at the Airport impose impacts on the community that must be mitigated.
MAC and its tenants must improve the current noise environment and update facilities to a
level consistent with the character of this community.
5. The Airport must not create an economic drain on the community. MAC must compensate
the City for lost tax revenue on land that could be developed for other private purposes.
6. The only acceptable solution is a comprehensive one that includes binding and enforceable
commitments by both sides.
06/25/01
3
City of Eden Prairie _
Mayor Harris,Council members
8080 Mitchell Rd
Eden Prairie,MN 55344-2230
This letter is to express our thoughts against amending Grace Church's Developer Agreement regarding
grading,drainage and erosion control plans.First of all,I don't see how mining sand falls under grading,
drainage,or erosion control.A pretty loose interpretation at best.As a neighbor,we do not appreciate or
want the added exposure to noise,traffic,sand dust,and any other unknowns that would be part of this
process if allowed to move forward.
Grace Church has stated they would only sell their sand for Eden Prairie projects.How in the world would
this be monitored?Just take their word for it?I'd love to believe Grace's cry of Stewardship—but the
bottom line is if money is to be made—even Grace Church can't be trusted.To really make it worth their
while,a lot of sand needs to be moved.Are there currently an abundance of Eden Prairie projects requiring
a lot of sand?
I attended the City Council meeting on June 511'when this issue was initially addressed.All council
members and Mayor Harris expressed reservations about allowing this process to take place for a number
of reasons,one being the potential for possible negative environmental impact.There was just too many
unknowns.Please do not allow Grace Church to line their pockets with money at the expense of the
surrounding neighborhoods.
Thank you,
• Eileen and Mike Benz
9775 Spring Rd
Eden Prairie,MN 55347
•
•