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HomeMy WebLinkAboutCity Council - 08/07/2001 AGENDA EDEN PRAIRIE CITY COUNCIL • TUESDAY,AUGUST 7,2001 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. RECOGNITION OF 4TH OF JULY EVENT SPONSORS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,JULY 10,2001 B. SPECIAL COUNCIL MEETING HELD MONDAY,JULY 23, 2001 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. HARTFORD COMMONS by David Bernard Builders and Developers. 2nd • Reading for Planned Unit Development District Review with waivers on 17.88 acres, Zoning District Change from C-Reg-Ser to RM-6.5 Zoning District on 17.88 acres, and Site Plan Review on 17.88 acres. Location: Southeast corner of Prairie Center Drive and Prairie Lakes Drive extending to Rolling Hills Road. (Ordinance for PUD District Review and Zoning Change and Resolution for Site Plan Review) C. THE HERITAGE by Carlston,Inc. 2nd Reading for Planned Unit Development District Review with waivers on 42.16 acres, Zoning District Change from Rural to R1-13.5 Zoning District.on 19.11 acres and from Rural to RM-6.5 Zoning District on 23.05 acres, and Site Plan Review on 23.05 acres. Location: Dell Road and Pioneer Trail. (Ordinance for PUD District Review and Zoning Change and Resolution for Site Plan Review) CITY COUNCIL AGENDA August 7,2001 Page 2 D. ADOPT RESOLUTION APPROVING FINAL PLAT OF HERITAGE • PLACE E. ADOPT RESOLUTION APPROVING FINAL PLAT OF HERITAGE VILLAGE F. ADOPT RESOLUTION APPROVING FINAL PLAT OF SEVEN PINES G. VACATION OF RIGHT-OF-WAY FOR PART OF FRANLO ROAD, LOCATED ADJACENT TO BLUFFS EAST 17TH ADDITION,VAC 00-99 (Resolution) H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO1 INC.,FOR DESIGN AND CONSTRUCTION SERVICES ASSOCIATED WITH THE PROJECT,I.C. 01-5545 I. APPROVE CHANGE ORDER NO. 1 FOR HIGHVIEW DRIVE/ LAKELAND TERRACE AREA IMPROVEMENTS,I.C. 96-5406 J. APPROVE EXCEL ENERGY AGREEMENT REGARDING POWER LINES ALONG TH 5/TH 312 BETWEEN MARTIN DRIVE AND PRAIRIE CENTER DRIVE,I.C. 93-5302 K. AWARD CONTRACT FOR WEST SIDE COOLING TOWER REPLACEMENT L. APPROVE LICENSE AGREEMENT TO LEASE SPACE ON THE CITY'S COMMUNICATION TOWER TO GREAT RIVER ENERGY FOR A WHIP ANTENNA M. AUTHORIZE EXECUTION OF A PURCHASE AGREEMENT WITH NORTH AMERICAN PROPERTIES FOR SALE OF LOT 2 BLOCK 1 EDEN PRAIRIE MARKETCENTER 2ND ADDITION (SINGLETREE SITE) N. APPROVE ARMY CORPS OF ENGINEERS PERMIT FOR WETLAND FILL ASSOCIATED WITH EXTENSION OF COLUMBINE ROAD TO PRAIRIE CENTER DRIVE O. APPROVE AMENDED JOINT AND COOPERATIVE AGREEMENT FOR SOUTHWEST SUBURBAN CABLE COMMISSION CITY COUNCIL AGENDA August 7,2001 Page 3 VIIL PUBLIC HEARINGS/MEETINGS ' A. BLUFFS EAST 17TH ADDITION AMENDMENT by Hustad Land Company. Request for Planned Unit Development Concept Amendment on 5.78 acres, Planned Unit Development District Review on 5.78 acres, Zoning District Amendment within the RM-6.5 Zoning District on 5.78 acres, Site Plan Review on 5.78 acres, and Preliminary Plat of 5.78 acres into 23 lots. Location: South of • Pioneer Trail at Franlo Road. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment, and Resolution for Preliminary Plat) B. RIDGEVIEW TECH BUILDING by Mount Properties,Inc. Request for Planned Unit Development Concept Amendment on 1.6 acres,Planned Unit Development District Review with waivers on 1.6 acres, Zoning District Amendment within the Office Zoning District on 1.6 acres, and Site Plan Review on 1.6 acres. Location: 7544 Market Place Drive. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) C. GIRARROSTO TOSCANO RESTAURANT by Girarrosto Toscano, Inc. Request for Planned Unit Development Concept Amendment on 1.66 acres, Planned Unit Development District Review with waivers on 1.66 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 1.66 acres, and Site Plan Review on 1.66 acres. Location: 12365 Singletree Lane. . (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) D. ALM SUBDIVISION by Stephen and April Alm. Request for Preliminary Plat on 2.06 acres into 2 lots. Location: 16480 Hilltop Road. (Resolution for Preliminary Plat) E. PROPOSED REFUNDING OF PARK AT CITY WEST APARTMENTS HOUSING REVENUE BONDS (Resolution) (Continued from June 19,2001) IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. PURGATORY CREEK RECREATION AREA PLAN B. ADAPTIVE REUSE OF THE SMITH HOUSE FOR USE AS A COFFEEHOUSE CITY COUNCIL AGENDA August 7,2001 Page 4 XIII. APPOINTMENTS ' A. CITY AND SCHOOL FACILITY USE ADVISORY COMMITTEE XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Appointment of Acting City Manager 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 1. Joint Powers Agreement with Bloomington,Edina and the Metropolitan Airports Commission (Police Department) for the South Metro Public Safety Training Facility G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS A. CLOSED SESSION ON LITIGATION XVI. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,AUGUST 7,2001 5:00- 6:55 PM, CITY CENTER HERITAGE ROOM II CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ron Case, Jan Mosman, and Nancy Tyra- Lukens CITY STAFF: City Manager Chris Enger,Public Safety Director Jim Clark,Public Works Services Director Eugene Dietz,Director of Parks and Recreation Services Bob Lambert, Community Development and Financial Services Director Don Uram,Management Services Director Natalie Swaggert, Director of Inspections Kevin Schmieg,Director of Assessing Steve Sinnell,Finance Operations Manager Sue Kotchevar, Fire Chief Spencer Conrad, City Attorney Ric Rosow, and Recorder Lorene McWaters I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS II. APPROVAL OF AGENDA III. • YEARS 2002/2003 BUDGET WORKSHOP A. Presentation of Budget Information and Assumptions B. Discussion of 2002/2003 Budget IV. OTHER TOPICS V COUNCIL FORUM VI. ADJOURNMENT MEMORANDUM • TO: Mayor and City Council FROM: Don Uram,Financial Services Director Sue Kotchevar, Finance Operations Manager DATE: August 3, 2001 SUBJECT: 2002/2003 Proposed Budget • BACKGROUND • On June 30, the Governor signed the Omnibus Tax Bill that has been characterized as "one of the most significant tax bills in the history of the Minnesota Legislature." In summary, some of the changes that impact property taxation in the City of Eden Prairie include: 1. Class Rate Compression 2. Levy Limits 3. Elimination of HACA • 4. Elimination of Transit Operating Levy 5. State takeover of General Education Levy Also included in the Omnibus tax bill are: 1. State-Levied Commercial/Industrial Tax 2. Tax Increment Financing 3. Truth in Taxation The total impact of these changes will not be known until every component is fully implemented which could take two to three years. Known impacts affecting the City's budget will be discussed during the workshop. 2002/2003 Budget In preparation for certifying the pay 2002 levy, staff has developed a General fund, Utility Enterprise and a Liquor Enterprise budget. These budgets were developed on a conservative basis consistent with previous year's budgets. K:\Administration\Agenda Preparation\City Council Agenda Packet Items120011Aug 7,2001\Finance12002 Proposed Budget- CC Version.doc • General Fund Fpr 2002, the General fund budget totals $30.6 million including a transfer to the Capital Improvement fund of about$717,000. Overall, this is an increase of 6.1%.over the 2001 budget. The 2003 General fund budget totals $31.3 million. Revenues -Due to the late enactment of the tax bill, Eden Prairie's levy limit which is calculated by the Department of Revenue will not be available until September 1. Because of that, staff used a levy increase of 6%, which was the cap in 1999 and 2000 when levy limits were in place. Depending on the variables the State uses to calculate the limit, this percentage could be higher or lower and the budget will need to be adjusted accordingly. The Council will have the opportunity to review any changes to the levy prior to certification. Based on a levy increase of 6%, overall revenues for the 2002 budget would total approximately $27 million. In addition, $700,000 for vehicles and equipment and $2.9 million for debt service will be levied. This raises the total to$30.6 million. Generally, all revenue sources are estimated to remain stable with the exception of building permits. Staff projects a reduction in building permit collections from$2.2 million to $1.8 million due to an expected slowdown in commercial • building activity. Expenditures - General fund operating expenditures total $26.38 million, which is a 6.4% increase over the 2001 budget. The operating budget includes increases in Elections, Legal Counsel and Employee Benefits and Wages. These budgets were changed to reflect the increase in anticipated expenditures due to the election in 2002, increasing legal costs and increases in wages and benefits. Other budgets remain fairly stable with inflationary increases in Information Technology, Parks and Recreation, and Public Works services. With a 6% levy increase in addition to other general fund revenues and a transfer of approximately $733,525 from liquor operations, the 2002 Budget includes a transfer to the Capital Improvement Program of approximately $718,000. The 2001 budget proposes a transfer of $481,000 to the Capital Improvement Program and about$400,000 for transportation. Debt obligations have increased from $2.5 million to $2.8 million and will include an additional levy to pay for an aerial ladder truck which was delayed last year and to pay for the joint Public Safety Training facility. Utility Enterprise Fund The Utility Enterprise Fund, including water, sewer and storm sewer, is projected to have sales of approximately $7.6 million in 2002, which is comparable to sales in 2001. Overall expenses are expected to increase to $6.8 million from$6.6 million. This is an increase of 3% increase which is about the rate of inflation. Overall, the Utility Enterprise Fund is expected to have a net income of$546,000. There are no anticipated changes to the fee schedules in utilities in the year 2002. K:\Administration\Agenda Preparation\City Council Agenda Packet Items\2001\Aug 7,2001\Finance\2002 Proposed Budget- CC Version.doc Liquor Enterprise Fund Staff estimates that liquor sales will increase from$7.65 million in 2001 to $8.3 million in 2002. This will be an increase of about$728,000. The increase in sales can be attributed to a number of factors including the completion of the road projects affecting access and the remodeling of the liquor store in the Prairie Village Mall. Staff has emphasized the importance of product mix and wine sales that contribute to an improved profit margin. In preparing the budget, staff considered • that sometime within the next two years the State will likely pass the sale of wine in grocery stores legislation. If that legislation does not pass, increased sales are likely. Operating expenses are expected to increase from $1.1 million to $1.3 million while operating income is expected to remain flat. Transfers to the General fund of $733,525 in 2002 and $756,953 in 2003 are budgeted. • • • • K:\Administration\Agenda Preparation\City Council Agenda Packet Items\2001\Aug 7,2001\Finance\2002 Proposed Budget- CC Version.doc City of Eden Prairie 2002/03 Proposed Budget Summary • aeaeae aeae -eae*aeaeaeae * DDDCC C CDCCDCDaeC O O O 0 0 0 0 0 .- 0 0 et 0 0 0 CD O O O O O O O N m CO CO CO O CO . 0 O 0 .- 0 0 0 CI 0CD CV C7 o CD C7 CD 6 CD o C In y tO d07 a 0 . L 1_eD Ci C Ca [)• to C' • el. O • • •. OO CCD co • • O O C CD co) CO • CD O O I.: 1. =?... O Cc CD Ni cF •C!' LD 0 LC) O Cl CV el' CO CO Co N N �' N w G 43. 1.. CO CO CO CO O CO CO N. O N. 0 0 0 0 0 O O et et N O O • 0 0 0 N. O N. o 0 0 0 0 • O • M CO •= r N ill N. O N. O R.O R. M O M O R.O tn.o O CO CO CD 6f 6) c ce CD co) O CD N. o Ch O O CD ••CD LD tD CJ)N O CO N O O - co O N �' Co C.1 N .- O O O N. M N CO N. lC7 to O O.'O O � CA D) N R. in co N- m CV - CD O N c. 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'� a= a = m Cn U m a- U 0] cc O O C C '•-C f- O Z UNAPPROVED MINUTES 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 Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:04 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 that you notify the City Manager's office by noon of the meeting date with your request. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Councilmembers Butcher, Case, Mosman and Tyra-Lukens added items under XIII.A. Reports of Councilmembers. Rosow added a report on the Flying Cloud Airport, under XIII.H. Report of City Attorney, and said a closed session would not be needed. MOTION: Butcher moved, seconded by Tyra-Lukens, to approve the agenda as published and amended. Motion carried 5-0. V. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,JUNE 19, 2001 MOTION: Tyra-Lukens moved, seconded by Mosman, to approve the minutes of the City Council meeting held Tuesday, June 19, 2001, as published. Motion carried 5-0. VI. CONSENT CALENDAR A. APPROVE SECOND READING OF ORDINANCE NO. 21-2001 REPEALING ORDINANCE NO. 2-2001, WHICH GRANTED A CABLE SYSTEM FRANCHISE TO EVEREST MINNESOTA,LLC 1 CITY COUNCIL MINUTES July 10,2001 Page 2 B. APPROVE SECOND READING OF ORDINANCE NO. 22-2001 REPEALING ORDINANCE NO. 3-2001, WHICH GRANTED A CABLE SYSTEM FRANCHISE TO WIDEOPENWEST MINNESOTA,LLC C. APPROVE SECOND READING OF ORDINANCE NO. 23-2001 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 NO. 2001-109 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. G. ADOPT RESOLUTION NO. 2001-110 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 Butcher said she wanted to let the neighbors from Morraine Way know that the City has written a Resolution asking the DNR to allocate professional staff time to evaluate Protected Wetland 994W (Morraine Way Pond), and to work with City staff to help understand what has occurred at that location. MOTION: Case moved, seconded by Butcher, to approve Items A-I on the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS /MEETINGS B. 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. Enger said official notice of this public hearing was published in the June 28, 2001 Eden Prairie News and sent to 324 property owners. He explained that this is a request for a First Amendment to the Developer's Agreement, which was the result of Grace Church's request to permit mining at their site. CITY COUNCIL MINUTES July 10,2001 Page 3 Bob Solfelt, 10508 Bluff Road, representing Grace Church, said the church is seeking approval of the First Amendment to the Developer's Agreement. They believed the amendment was more restrictive than what was discussed at the Council meeting one month ago, especially regarding trucks leaving the property with granular soil and returning with suitable replacement soil within the community. The amendment states there is concern about truck traffic in and out of the property. However, there would be no restriction on the number of trucks. Solfelt said Grace Church wished to propose a compromise that would more effectively address truck traffic. The church would rather restrict the number of trucks with a count on a daily basis in order to limit the specific number of trucks- in and out per day. The church recommended limiting the number of trips to 250 trips per day. Sand could leave the site in a truck, which would return empty to get more sand, and a different truck would bring in replacement soil. Case asked if the church's proposal would remove the condition that the replacement soil would not have to come from within the community. Solfelt said yes, their proposal would remove that condition. Case stated if the City limits the number of trucks within Eden Prairie, then any truck that is delivering sand to the road construction on Pioneer Trail at this time is coming into Eden Prairie and any truck removing soil from Pioneer Trail is here now. If we limit Grace Church to bringing sand to a site in Eden Prairie and taking replacement soil from that site back to the church site, that would be the argument for there being no additional net gain in traffic. But the church is asking for 250 more trucks. If sand is needed for road construction now in Eden Prairie and soil is being removed from those sites in Eden Prairie, those trips are occurring right now; so Grace Church would be simply transferring those trips to the church site. Solfelt agreed that was correct. Mayor Harris asked if anyone wished to address the Council on this proposal. David Anderson, 15510 Crocus Lane, said he represented the Boulder Point West Homeowners Association both as a resident and property manager of that site. This is one of three adjoining properties to the Grace Church site. He gave Council a petition from the Association members expressing opposition to the request by the church. They are concerned about the noise and air pollution that would result, and the damage to City roads like Mitchell Road. Anderson recalled that Eden Prairie stopped mining in the City in 1984. He suggested that if a truck leaves the site with a load of sand and returns empty and another truck comes in with replacement soil and leaves empty, that would be about 100,000 trips. He expressed his opposition to sand being hauled to other locations than Eden Prairie. Solfelt responded that the church is not suggesting that sand leave Eden Prairie and that replacement soil come from outside Eden Prairie. They agree with that stipulation in the amendment to the Developer's Agreement. They just want to restrict the number of trips each day. 3 CITY COUNCIL MINUTES July 10,2001 Page 4 Tyra Lykens asked if there is presently any exchange of soils being carried out. Solfelt said no; only as a part of the grading permit. Jeff Square, 9103 Palmetto Drive, said he lives across the street from the Grace Church site. He believed mining would not be appropriate for this site. It appeared to him that it would take two months to remove the sand and replace it with other soil. Square expressed concern about noise, dust and traffic that would result from that operation. He hoped the Council would not approve this mining request. Jeff Charnes, 9099 Gould Road, said when they chose to build in that neighborhood near County Road 4, they looked at the undeveloped properties to the east and were promised by the City there would never be a foundry or mining operation nearby. He recently came to City Hall and asked to look at the file on Grace Church. He did not fmd any kind of environmental assessment of the property. There was no record of the City Council public hearing on the mining request. There is on file a letter from the City Environmentalist and City Engineer. Charnes had three major objections: (1)traffic; (2) concern about what will happen to the ground water; (3) air quality and dust. The City Engineer's letter stated that this project would reduce traffic capacity because of the slow- moving trucks. Safety would also be a concern. There could be an increase in accidents. The letter also discussed traffic collector results and damage to roads. Charnes said he did not find any expert opinion in the file on how ground water might be affected by the mining operation. However, he recalled the City's experience with BFI, which polluted ground water in the vicinity of the landfill. He believed the material being brought into the church's site might be hazardous in some way and could affect the ground water. With regard to air quality, Charnes believed a great deal of dust would be created by mining the sand. The sand could be contaminated and would blow around the whole area. Grace Church has talked about what it hopes to accomplish and what the proceeds would be used for. However, Charnes was certain that if an industrial company came and asked to be allowed to mine sand on its property, the City would not consider it. City Councils tend to be somewhat lenient with organizations that are charitable, causing them to deal differently toward them. However, the business of the City Council is to protect the life and health of its citizens. Bob Schulte, 9072 Palmetto Drive, said he lived just north of the property. There are many children living on the cul de sac where his home is. He said his position on the mining operation is"enough is enough." This is not a revision or a grading plan change; it is mining. There would be thousands of additional trucks going in and out of the site. It is good to have a church at this location and he looked forward to its opening. But this mining operation would bring too many trucks to the area. Mike Pogh said he was serving as chairman of Grace Church's council. Regarding the issue of the truck traffic, the amendment that has been crafted would not bring additional truck traffic into the City. The church will be bringing CITY COUNCIL MINUTES July 10,2001 Page 5 this resource of sand to projects within the City and will be taking fill from those sites back to the church. He agreed there will be activity on the site but there will not be any more truck traffic than is already using the roads in the area. With regard to ground water pollution, there was an engineer at the previous public hearing whose report the City has reviewed. He indicated that the depth for extraction of this sand would not come near the water table. This is an important stewardship issue because the quality of this sand is a limited resource. The church is simply requesting that it be used within the community in a manner that would be good conservation and stewardship of this resource. At the last public hearing there were 100 people from Grace Church in support of this action. The church is confident it will be an incredible asset to this community. He thanked the Council for its consideration of this and requested adoption of the amendment. Larry Martin said he is on the staff of Grace Church. The church had an environmental assessment worksheet prepared and sent it to many agencies for review. The watershed district and the other agencies have issued all of the required permits. The City has assessed the church about$2 million for water and sewer lines across the property. The seven-acre pond was enlarged to accept water runoff from the neighborhood properties. The church wants to be a good citizen. They want to minimize the amount of truck traffic in and out of the site. Dave Rasmussen, 16275 Valley Road, said his primary issue is that the project will put substantial additional truck traffic on the road. He was also concerned about air quality problems. He asked that the church establish an escrow fund to pay for monitoring the mining operation. However, this will create an additional regulatory burden on the City because the City would have to monitor it. The church has not conformed to the regulations governing the time of day work should end at the site. There is work going on sometimes until 9:30 p.m. Rasmussen asked the Council to consider how this mining operation will affect the City by setting a precedent for future petitioners. Rick Nelson said he is a member of Grace Church and heads the project development team. Regarding the quality of the sand and possible pollutants, chemicals have not been spread on the site because wild hay has primarily been grown there. This sand is not in a dangerous location because they know the history of this site. He asked where the sand now being brought into the City is coming from. This would not be a full-fledged mining operation because it is just replacing soil. With respect to the neighbors in the area, the sand would be sprayed down with water before it is removed. This should alleviate their concerns about air pollution. The church has tried very hard to address the issues. With regard to working after hours, the church would not tolerate anyone working beyond the time allowed. Their contractor leaves the site every day at 4 p.m. There were one or two times when the excavator worked late because of pending bad weather. The suggestion about making this a six-month trial period seemed to make sense, and he hoped that would be the basis on which they can go forward with this operation. 5 CITY COUNCIL MINUTES July 10,2001 Page 6 Butcher noted a Phase I Environmental Audit was done on the site, and asked if any tests were done with the idea of mining. Nelson replied no, because there was no reason to think there would be a problem. The environmental assessment worksheet was done prior to mining. Nelson said the City approved removal of 4,500 cubic yards as part of the construction project. All the evaluations were very comprehensive. Rosow said he believed the church obtained all of those permits prior to the time they contemplated soil exchange on the site. Nelson replied that was correct. They were not aware, until they got into the initial soil work that they had this kind of material down there. Mayor Harris asked how the replacement soil is tamped in place. Solfelt said the church has agreed to deposit $20,000 in an escrow account to monitor the site with regard to the soil exchange. Compacting of the soil would be done by a front-end loader and then that area would be covered by a parking lot. No contaminants were found in the soil under the building footprint. John Lillicrap, 15539 Banyan Lane, said he lives north of the church property. His house is very dusty now because of the work being done on the site, so once mining starts it will be much worse. He didn't believe that spreading the sand with water would help sufficiently to alleviate the dust. MOTION: Case moved, seconded by Tyra-Lukens, to close the public hearing. Motion carried 5-0. Mayor Harris said she has had a hard time making a decision about the mining of sand. She has thought about the impact on surrounding neighborhoods and on the roads, versus the benefit to the church of mining 30 feet of sand. It reopens the issue of mining in the City, and that is something the Council does not want. It also raises the issue of how far down will the City be willing to consider removal of sand for purposes of replacement. Butcher said she has received many phone calls from residents living around the church site who said they are really worried about what might happen if mining is allowed. They are worried about noise and the potential health effects. Butcher didn't believe all the impacts have been explored. She asked if it is prudent to reopen mining operations in Eden Prairie, especially where there is a mature residential development, and what kind of overall benefits would there be to the City. She believed many of the negatives outweigh the positives,just in terms of the health issues. Also, City staff recommended that mining not be reopened, and the Community Planning Board denied the church's request. In addition, a large number of residents are worried about their health. She could not approve reopening mining operations in this area of mature development. Tyra-Lukens said she agreed. If this was a private organization, she wondered how the Council would deal with this request. Probably it would have refused it CITY COUNCIL.MINUTES July 10,2001 Page 7 right away because of traffic,safety, and other issues. She didn't believe watering down the sand would work because the water will percolate right through. Regarding the things Grace Church has done for the City, these are things any developer would have been required to do on this property. The stewardship and conservation issue caused the City Council to consider approval of the request. However, what if another developer wants to conserve their sand and wants to mine it? The original staff recommendation was to deny the request. Aside from the safety and traffic issues would be the difficulty of monitoring, which could be a huge job for the City. Mosman said Grace Church has been and continues to be a good neighbor for the community. Mining the sand would be reusing a resource. The sand could be tested to determine if it would be a health hazard. She believed the main issues were the concentration of the traffic, dust and noise, and the neighbors who would be affected by it. She asked if there is a possibility that trucks could go another route than north on Mitchell Road. Dietz said.the City could make that a requirement. It is not unusual to request that trucks be limited to a certain route. Mosman said that should make a difference to the neighbors. Case said evidently there are sufficient votes to deny this request. He wanted to echo the value of churches in the community. However, the Council does not want to appear to be showing favoritism toward churches. It so often gets back to trust in government and what people who move into a certain area expect after receiving answers to their questions. This 60-acre parcel of land would have been developed sooner or later and torn up in some way that would have created dust and dirt. He calculated that 250 trucks of sand leaving the site and 250 trucks of replacement soil coming in would be 1.2 trucks per minute or a truck every 48 seconds. That increase in traffic in the one location is not what the neighbors bargained for. After giving this a close look,he would deny the request. MOTION: Butcher moved, seconded by Case, to deny the Amendment to the 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 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. CITY COUNCIL MINUTES July 10,2001 Page 8 Rosow stated one other matter related to what was said would be important with respect to finding number 5, and in the proposal Paragraph l.b. should be amended to indicate 250 trucks. If it were 250 trucks in and out, then we would indicate the proposed modification would add 500 trucks, or a truck every 45 seconds. If it were 250 trucks total during that period,that would be a truck every minute and 40 seconds, and it would take approximately 13 business days to mine two acres. That should be added as a reason for the amount of traffic. Butcher agreed to amend the original motion to add Rosow's comments to finding number 5, which would then read as follows: 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. 250 trucks a day would mean a truck every minute-and-40-seconds, and it would take approximately 13 business days to mine two acres. Case retracted his second to the original motion and seconded the amended motion. Motion carried 5-0. C. 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) Enger said official notice of this public hearing was published in the June 28, 2001,Eden Prairie News and sent to 20 property owners. Franzen said Rick Ahmann lives at 6604 Golden Ridge Drive. He is asking to rezone his single-family lot from Rural to R1-22. The Community Planning Board voted 8-0 to recommend approval of the project to the City Council at the June 11 meeting. Mayor Harris asked if anyone wished to address the Council on this proposal. No one did. MOTION: Tyra-Lukens moved, seconded by Mosman, 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. Motion carried 5-0. 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 No. 2001-111 for PUD Concept Amendment, and Ordinance for PUD District Review and Zoning District Amendment) CITY COUNCIL MINUTES July 10,2001 Page 9 Enger said official notice of this public hearing was published in the June 28, 2001,Eden Prairie News and sent to 74 property owners. Benjamin Hartberg, of Damon Farber & Associates, consulting architects for Hennepin County, said the County is asking for approval to remodel the existing Lund's building into a 37,685-square-foot library and 6,250 square feet of retail space. Additional windows, an entrance façade for the retail bay, a barrel vaulted roof and porte-cochere would be added. The parking area includes a large plaza, more green space, and a drop-off to the building. The parking lot would provide 156 spaces plus 29 proof-of-parking spaces. Lois Langer, Librarian at the Eden Prairie Library, said they currently have 15,000 square feet of space, so a bigger building means the library's collection will double. The new library will be a great asset to the community and she hoped it would be a community gathering place. They plan to have extended hours, open four nights a week and on Saturday year around and on Sunday throughout the school year. There will be a covered drop-off for books, open 24 hours a day. About three times the number of computers with Internet access will be available. There will be a computer training room for the public and an increase in programs for children. Butcher asked about the book drop. Langer said it would be covered; however, it will be necessary to get out of the car. The books will be checked in automatically. Tyra-Lukens asked about the self-serve reserve pick up and check out of books. Langer replied they currently have express checkout where you can check out yourself. In the new library you will be able to get your reserved books using an identification number and check out yourself. Mosman commented that when Lund's was using the building, there was often a traffic problem at the entrance road off Prairie Center Drive. She asked if the entrance road could be made one way. Hartberg replied they have tried to eliminate congestion in the parking area by choking it down a little in order to allow a wider access road. In addition,there will be signs to guide patrons around the site. However, there would not be the number of people coming into the library that there was when Lund's had the building. Mayor Harris asked if anyone wished to address the Council on this project. Meg Smith, 11955 Tiffany Lane, said she lived on the south side of the building. She had two concerns. One was with regard to traffic in the area. The only way to get out of her neighborhood is down Franlo Road. There is no traffic signal at the intersection with Prairie Center Drive, and during the evening rush hour it is very difficult to make a left turn onto Franlo. She believed the library would cause additional congestion. Her second concern was with regard to landscaping. The fence at the edge of the property is broken down, and she wondered if there were any plans to restore it. 9 CITY COUNCIL MINUTES July 10,2001 Page 10 Dietz replied that installing a signal at Franlo Road and Prairie Center Drive is in the City's five-year plan, and they continue to monitor the intersection. It is on the list for Tax Increment Financing. Hartberg said patching the fence could be considered. They will be putting landscaping along that fence. Butcher asked if high use of the library at 5 p.m. would be expected. Langer replied yes, and they are concerned about people getting in and out at that time. Langer asked Dietz if it would be five years before the signal is installed. Dietz replied the City will monitor the intersection and may need to accelerate the signal installation. The City is going to add another signal at Prairie Lakes Drive this year, and there will be some coordination of those signals. Case said the library might have more use during the evening rush hour than was the case with the previous use of the building. If this had been a new building,the City would have asked for participation in a traffic signal from the proponent. He wondered if the Council should stipulate participation by the County. With regard to the fence,if this were a new building the City would require a new fence be installed. He wanted to have the fence brought up to a high standard of repair and to include this in the Council conditions for the Developer's Agreement. Dietz said, with regard to County participation in the traffic signal, the City has designated Tax Increment Funds for this signal. In addition, it would not be located at the front entrance to the library; it would be at the back entrance. MOTION: Mosman moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2001-111 for PUD Concept Amendment on 6.12 acres; and approve 1st 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 the Council condition to bring the fence up to standard. Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION: Tyra-Lukens 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." 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 No.24-1001 for Zoning District Change) CITY COUNCIL MINUTES July 10,2001 Page 11 Enger said this was the second reading of the ordinance and would require unanimous consent by the Council. MOTION: Case moved, seconded by Tyra-Lukens, to approve the 2"a Reading of the Ordinance for PUD District Review and Zoning District Change from Rural to R1-22 on 1.03 acres. Motion carried 5-0. B. FIRST READING OF AN ORDINANCE REGULATING SURFACE USE OF SMETANA LAKE Lambert said staff recommended amending Chapter 9 of the City Code to limit boats on Smetana Lake to electric trolling motors only. This was requested by residents of Real Life and the owner of one of the office buildings on Smetana Lake. The City held a public hearing at the June 25 meeting of the Community Planning Board, which recommended supporting the Surface Management Ordinance. 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, 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. Lambert explained that the second step would be to submit the ordinance to the Department of Natural Resources, which has a 90-day review process. If the DNR approves it, the ordinance would come back to the Council for the second reading. The City has a partnership with the watershed district to develop a park and the area around the lake. The City has received permission from the watershed district to build a boat launch. Lambert recommended this ordinance be in place before the boat launch is built,which he expected to be late this fall. Tyra-Lukens inquired how fast the electric motors go. Lambert replied these would be trolling motors on light fishing boats, and might go 10 mph. A large fishing boat could be launched,but would only be allowed to use a trolling motor. That would restrict the amount of wake and the noise. MOTION: Tyra-Lukens moved, seconded by Butcher, to approve the first reading of an ordinance regulating 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. Motion carried 5-0. Mayor Harris called for a 10-minute recess at 8:45 p.m. The meeting resumed at 8:55 p.m. X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS &COMMISSIONS XII. APPOINTMENTS CITY COUNCIL MINUTES July 10,2001 Page 12 XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Report on Leadership Effectiveness Workshops—Mayor Harris Mayor Harris said the City engaged the services of Carl Neu of Neu & Company to facilitate a series of three workshops, which were held on 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." Mayor Harris explained that at first the sessions focused on more efficient handling of procedural issues such as Council agendas, method of identifying and bringing issues before the Council, a code of conduct for the Council, Council forums and meeting schedules, and the development process. Later discussions centered on Council member communications with each other, with the public and staff, and with Boards and Commissions. The outcome was a series of recommendations, based on discussions in each of these areas, which have been brought forward in a report, titled"Summary of Key Observations and Conclusions Reached by the Participants." • MOTION: Butcher moved, seconded by Tyra-Lukens, 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. Motion carried 5-0. 2. Commendation on July 4th Celebration—Councilmember Butcher Butcher said she wanted to commend Eden Prairie staff for their hard work, planning and implementation of the July 4th Celebration. The events were well organized, and people were happy to have it back at Round Lake Park. The highlight was the opening of the Skate Board Park, the newest addition to the park system, which provides teenagers with something athletic and constructive to do with their time. She congratulated the staff and said it was truly a home-town celebration. 1a CITY COUNCIL MINUTES July 10,2001 Page 13 3. Funding for Suburban Transit Association — Councilmember Tyra- Lukens Tyra-Lukens reported on how the last Legislative Session affected the Suburban Transit Association. During the Legislative Session she had talked about what the Suburban Transit Association considered hot issues for transit functioning. One was the possibility of transit being taken off property taxes, and that is what happened. Transit will be taken off property taxes after December 2001. Funding for the metro area will then come from 20.5 percent of the motor vehicle excise tax, but funds will flow through the Metropolitan Council, which in the past they have had trouble getting from the Council. That is what led them to initial petitioning to try to levy the transit tax themselves. According to the legislation,however, the Metropolitan Council must annually provide each metro transit system with the funds. The legislation provides for an increase in growth in the percentage each Metro Transit system will receive. The amount will go up to 22.5 percent in 2004-2005. Tyra-Lukens asked Len Simich how much the legislation will impact Southwest Metro, and he believed there would be more administrative work to get the funds from the Metro Council, but otherwise would not have much impact. It does free up the staff of Southwest Metro from having to approach all of the cities in the joint powers councils for approvals of their levy. Some of those cities have not been as supportive of transit issues as Eden Prairie. 3. Accolades to the Parks &Recreation Services—Councilmember Case Case had accolades for the Parks and Recreation Services. He specifically wanted to compliment Tria Mann, who organized the very successful 4th of July Celebration. Also, he has been biking through the City during the past week,teaching a class called"This Is Your Home Town", and said he appreciated the City's amazing park trail system. 4. Condition of the Smith Douglas More House—Councilmember Case Case said he drove past the house recently and noted the poor condition of the trim on the house. He said the City cannot let the trim fall apart, and asked to put the matter of appropriating money for basic painting on the agenda for the next Council meeting. 5. Picked Parrot Restaurant Palm Trees—Councilmember Case Case said he liked the palm trees planted by the restaurant. The newspaper article in the Star Tribune was clearly not fair to Eden Prairie. He asked that a plan be put in place, ensuring that management would handle calls from newspapers. He recommended that quotes be read back to make certain they are correct. The issues were very complicated in this 13 CITY COUNCIL MINUTES July 10,2001 Page 14 instance, and the City wasn't at fault to the extent the paper tried to make it sound. The City needs a plan of action to deal with these situations because it can't afford this kind of press. 6. Birch Island Woods—Councilmember Mosman Mosman asked for an update on negotiations for the Birch Island Woods. She has heard from the Friends of Birch Island Woods it is quite likely the City is not going to be awarded the two grants it applied for. Everyone on the Council had supported Birch Island Woods and believed they would like to hear about this and what needs to be done. Lambert said City staff has had informal discussions with DNR staff and is aware the DNR is not recommending that the City receive the Scenic and Conservation Area Grant. However, the City has not received formal notification from the DNR, and Lambert was waiting for that before notifying the Council. He said funding of the Birch Island Woods would have to be looked at, along with all the other items on the CIP list. The City would like to be able to support and fund it but will have to find out how it can be done. 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 1. Metropolitan Airport Commission's Public Hearing on Ordinance 51 Rosow said he attended the meeting the day of the Metropolitan Airport Commission's Planning and Environment Committee. They passed a motion recommending that MAC authorize a public hearing to amend or repeal Ordinance 51. The full commission will meet on Monday, July 16. Rosow talked to Gary Schmidt, MAC's director of reliever airports, prior to the meeting and with Jeff Hamill, the executive director of MAC, after the meeting. Rosow made a presentation to the Planning and Environment Committee. The P & E Committee did not set a specific date for the public hearing, but said it would happen in late August or early September. The concern is that the EIS process not be delayed further. CITY COUNCIL MINUTES July 10,2001 Page 15 Rosow said Mayor Harris contacted MAC Chair Charles Nichols to express the City's preference not to authorize the public hearing until the City could have discussions at the highest policy-making level, including the Mayor and another Councilmember, along with MAC's Chair and whatever commission members they thought appropriate, to discuss matters pertaining to Ordinance 51 and expansion of the airport. The Mayor told Mr. Nichols that the City viewed actions on amending or repealing Ordinance 51 to be inhibiting to those discussions and they should happen first. Mr. Nichols did not commit one way or the other to Mayor Harris. However, the chair of the Planning and Environment Committee told Rosow that day he only wanted to hear about the process with respect to what they had on the table. Rosow told the committee that if there were going to be modifications to Ordinance 51, these discussions with the City had to happen first, because what may come out of those discussions is what would be the subject of the public hearing. If the discussions were successful and there was a resolution of the issues pertaining to Ordinance 51 that would be the very topic of the public hearing. Therefore, Rosow asked the committee not to hold it until the discussions were completed. However, they voted to recommend it be held and that will go to the full Commission on Monday, July 16. Jeff Hamill believed there would be sufficient time for multiple meetings prior to the public hearing. He said he looked forward to entering into the discussions. Rosow said he informed Special Airport Legal Counsel, Mr. Kirsch and Mr Riemer, and they will prepare technical materials for the Council to aid in discussions with MAC officials Case asked if it is up to the City to arrange a meeting time. Rosow said Charles Nichols told him he would call Mayor Harris as soon as the committee meeting earlier that day was over, which he did. Based on that call, either Rosow or Enger will set up a meeting and decide on parameters. XIV. OTHER BUSINESS A. ADOPT POSITION PAPER ON FLYING CLOUD AIRPORT EXPANSION PREPARED BY CITY STAFF AND SPECIAL AIRPORT LEGAL COUNSEL 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 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. 15 CITY COUNCIL MINUTES July 10,2001 Page 16 MOTION: Butcher moved, seconded by Case, to adopt the position paper on Flying Cloud Airport Expansion prepared by City Staff and Special Airport Legal Counsel. Motion carried 5-0. B. CLOSED SESSION ON LITIGATION Rosow said there was a request to meet in closed session to discuss matters pertaining to potential litigation. He had previously eliminated the closed session with respect to the airport because of the report he gave on the MAC Planning and Environment Committee. XV. ADJOURNMENT MOTION: Case moved, seconded by Tyra-Lukens, to adjourn the meeting and move into a closed session. Motion carried 5-0. Mayor Harris adjourned the meeting at 9:15 p.m. /6 v'-. ` UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL SPECIAL MEETING MONDAY, JULY 23,2001 6:30 PM,CITY CENTER Council Chambers 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 and City Attorney Ric Rosow I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 6:30 p.m. II. APPROVAL OF AGENDA MOTION: It was moved and seconded to approve the Agenda as published. Motion carried 5-0. III. CLOSED SESSION ON LITIGATION MOTION: It was moved and seconded that the Council move to close session to discuss pending and threatened litigation. Motion carried 5-0. IV. CITY MANGER CONTRACT MOTION: Tyra-Lukens moved, seconded by Case, that the City exercise its rights under Paragraph 9 of the Letter of Understanding dated May 11, 1998 between City of Eden Prairie and Christopher Enger to affect Enger's separation from employment with the City. Motion carried 5-0. MOTION: Case moved, seconded by Mosman, to approve the July 23, 2001 Agreement between the City and Christopher Enger. Motion carried 4-1, with Butcher voting against. MOTION: Mosman moved, seconded by Butcher, to appoint Don Uram as acting City Manger to sign the July 23, 2001 agreement between the City and Christopher Enger. Motion carried 5-0. MOTION: Butcher moved, seconded by Tyra-Lukens, to appoint Don Uram as acting City Manager to work with City Manager and staff on transition matters through August 7, 2001. Motion carried 5-0. City Council Minutes July 23,2001 Page 2 MOTION: Case moved, seconded by Butcher,to appoint the Mayor and Tyra-Lukens to negotiate with Don Uram on matters of salary and term as acting City Manager and bring back to the Council a proposal for Council consideration at its August 7, 2001 meeting. Motion carried 5-0. V. ADJOURNMENT MOTION: Butcher moved, seconded by Mosman,to adjourn. Motion carried 5-0. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 7,2001 SERVICE AREA/DIVISION: ITEM DESCRIPTION: Police/C.O.P.Unit Clerk's License Application List ITEM NO.: Gretchen Laven A , These licenses have been approved by the department heads responsible for the licensed activity. 3.2 Beer Off-Sale Twin Cities Avanti Stores, LLC D.B.A.: Food n Fuel Cigarette& Tobacco Products Twin Cities Avanti Stores,LLC D.B.A.: Food n Fuel Redstone American Grill, Inc. D.B.A.: Redstone American Grill Commercial Lawn Fertilizer Applicators Chapman Custom Lawn Green Horizons Henning Rohde &Assoc Spring Touch Lawn Specialists Inc The Lawn Ranger Gambling—Bingo & Raffle Organization: Minnesota Basket Weavers Guild Place: The Barn(In the Preserve Area) Date: October 27th, 2001 New Liquor License Wildfire Eden Prairie LLC D.B.A.: Wildfire Redstone American Grill, Inc. D.B.A.: Redstone American Grill Biaggi's Ristorante Italian,LLC D.B.A.: Biaggi's Ristorante Italian - 1 - CITY COUNCIL AGENDA DATE: 08/07/01 SECTION: Consent Agenda SERVICE AREAJDIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Hartford Commons ,rg Michael D.Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers on 17.88 acres and Zoning District Change from C-Reg-Ser to RM-6.5 Zoning District on 17.88 acres; and • Adopt the Resolution for Site Plan Review on 17.88 acres; and • Approve the Developer's Agreement for Hartford Commons. Synopsis This is for the development of 319 multiple family townhome units. Attachments 1; Ordinance for PUD District Review with waivers and Zoning District Change 2. Resolution for Site Plan Review 3. Developer's Agreement HARTFORD COMMONS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.25-2001-PUD-15-2001 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 C-Reg-Ser Zoning District and be placed in the Planned Unit Development RM-6.5 Zoning District 25-20 0 1-PUD-1 5-200 1 (hereinafter"PUD-1 5-200 1-RM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of August 7, 2001, entered into between David Bernard Builders and Developers, and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-15-2001-RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings:. A. PUD-15-2001-RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-15-2001-RM-6.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-15-2001-RM-6.5 are justified by the design of the development described therein. D. PUD-15-2001-RM-6.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the C-Reg-Ser Zoning District, and placed in the RM-6.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-15-2001-RM-6.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of June, 2001, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 7th day of August, 2001. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on • Exhibit A Hartford Commons Legal Description: Lots 1,2, and 3,Block 2,Prairie Lakes Business Park HARTFORD COMMONS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 25-2001-PUD-15-2001 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 the southeast corner of Prairie Center Drive and Prairie Lakes Drive extending to Rolling Hills Road from the C-Reg- Ser Zoning District to the RM-6.5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L.Harris,Mayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) 5 DEVELOPER'S AGREEMENT HARTFORD COMMONS THIS AGREEMENT is entered into as of August 7,2001,by David Bernard Builders and Developers, a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Guide Plan Change from Regional Commercial to High Density Residential on 17.88 acres, Planned Unit Development Concept Amendment on 17.88 acres, Planned Unit Development District Review with waivers on 17.88 acres,Zoning District Change from C-Reg-Ser to RM-6.5 Zoning District on 17.88 acres,Site Plan Review on 17.88 acres,Preliminary Plat of 17.88 acres into 39 lots and 5 outlots,legally described on Exhibit A(the"Property"); WHEREAS,Developer and City entered into that certain Developer's Agreement between the parties as of November 1, 1994,pertaining to the Property("Original Developer's Agreement"). NOW,THEREFORE,in consideration of the City adopting Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review with waivers and - Zoning District Change from C-Reg-Ser to RM-6.5 Zoning District,Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat. Developer agrees to construct, develop and maintain the Property as follows: . 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated May 25,2001,reviewed and approved by the City Council on June 5,2001, (hereinafter the"Plans")attached hereto and identified in Exhibit B,subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DESIGN FRAMEWORK CRITERIA: Prior to issuance of a building permit for each structure, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final architectural design criteria for the Property. The approved architecture,lighting,pedestrian walkways,etc.,shall be consistent with those shown on the exterior elevations and site plan and defined within the design framework criteria,included in Exhibit B. 4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Property,construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City, its officials, employees, and agents. 6. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to . the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. These schemes will be cross-checked with the design manual prior to release of a building permit for each individual structure. Each certificate of survey should note the appropriate color palette and colors on the building elevation. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 7. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land • alteration permit for the Property, Developer shall submit and obtain the City Engineer's approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland, wetland buffer strips, wetland buffer monument locations, water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan.. Prior to the issuance of a land alteration permit for the Property, Developer shall deposit$8,000 with the City. The City may draw upon the deposited funds to defray expenses to administer Article 6 of the Erosion Control Policy, attached hereto as Exhibit D, and to remove sediment accumulated during construction from the existing storm water treatment pond on Lot 1,Block 1,Prairie Lakes Business Park. The Developer's share of City cost to clean the existing pond on Lot 1 shall be 40 percent. Upon cleaning the existing pond by the City, any remaining funds shall be returned to the Developer. If,during the project,the fund balance reaches$2,000 or less, the City may request, and the Developer shall deposit, additional monies as requested by the City Engineer. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures. All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D. Prior to release of the land alteration bond,Developer shall complete implementation of the approved plan. • Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City,upon request by the City. 8. INTERSECTION SIGNAL IMPROVEMENTS: Prior to release of the final plat for any portion of the Property,Developer shall pay$50,000 to the City to defray the City's expense to install a traffic signal at the intersection of Prairie Lakes Drive and Prairie Center Drive in accordance with terms of the Hartford Place Developer's Agreement dated November 1, 1994 between Ryan Construction Company of Minnesota and the City of Eden Prairie. 9. IRRIGATION PLAN: Prior to release of the building permit,Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 10. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on Exhibit B. Developer is responsible to maintain the City's 2-foot horizontal and 8.5-foot vertical clearance zone design standard for obstacles near public sidewalks. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions 0 of Exhibit C. 11. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters,electrical conduit,water meters,and standard heating,ventilating,and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that'the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the landscape bond provided until Developer completes all such corrective measures. 12. ONSTREET PARKING: 'Developer agrees that the public, onstreet parking shown on Exhibit B is preliminary. Developer shall submit final parking plans for the public streets for approval by the City Engineer. The City reserves the right to further restrict parking on public streets in the future,if necessary to improve safety or street traffic capacity. 13. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise,vibration,dust and dirt,smoke,odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise,vibration,dust and dirt,smoke,odor and glare do not go beyond the Propertyboundary lines. 14. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the R1-13.5 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD • Front Yard Setback from 30 feet to 15 feet. • Gross Site Area per Unit from 6,500 sq.ft.to 2,441 sq.ft. • Density from 6.7 units per acre to 17.8 units per acre. 15. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 16. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Park and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements to the City (Exhibit F) for such sidewalks and trails in such locations as determined by the Director of Parks and Recreation Services. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located along Prairie Lake Drive,Rolling Hills Road and Prairie Center Drive as depicted in the Plans, attached hereto. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. 17. SIGNS: Developer agrees that for each sign which requires a permit by City Code,Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location,the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 18. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall not exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 19. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of public utilities for the Property,Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public sanitary sewer,water and storm sewer. Plans for public infrastructure shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of construction value shall be paid to the City by the Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide recorded drawings. 20. TOWNHOME ASSOCIATION DOCUMENTS: Prior to the release by the City of any final plat for the Property,Developer shall submit Townhome Association Declaration of Covenants documents to the City for review and approval by the City Planner. The Townhome Association documents shall include,but not be limited to the following items,as depicted on the Plans, attached hereto: /0 • Maintenance of all trees and landscaping located within the right-of-way on Prairie Center Drive,Prairie Lakes Drive, and Rolling Hills Road. • Architectural control, including, but not limited to, building colors, building style, roof lines, exterior materials, screening of mechanical equipment, etc. • Maintenance of all guest-parking areas. • Maintenance of all private roads, common open space areas, sidewalks and driveways. • Other matters as are normally contained in such documents. Prior to issuance of any building permit for the Property,Developer shall submit evidence to the City Planner that the approved Townhome Association Declaration of Covenants documents have been filed in the Hennepin County Recorder's/Registrar of Titles'Office. 21. TREE LOSS-TREE REPLACEMENT: Tree replacement required is 119 caliper inches. Prior to the issuance of any land alteration permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 119 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss prior to release of the landscape bond. 22. EXISTING DEVELOPER'S AGREEMENT:Paragraphs 1 —8, 10—12, 14—20,and 22 of the Original Developer's Agreement are hereby deleted. • 11 CITY COUNCIL AGENDA DATE: 08/07/01 SECTION: Consent Agenda SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram The Heritage TIT ,C Michael D. Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with. waivers on 42.16 acres, Zoning District Change from Rural to R1-13.5 Zoning District on 19.11 acres and from Rural to RM-6.5 Zoning District on 23.05 acres; and • Adopt the Resolution for Site Plan Review on 23.05 acres; and • • Approve the Developer's Agreements for The Heritage. Synopsis This is for the development of 33 single family units, 103 multiple family units, 4 outlots and right-of-way. The Applicant requested using three separate Developer's Agreements to represent each Developer for each portion of the project. The City has done this in the past. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Change 2. Resolution for Site Plan Review 3. Developer's Agreements THE HERITAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2001- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR THE HERITAGE BY CARLSTON,INC. WHEREAS, Carlston,Inc.,has applied for Site Plan approval of The Heritage on 23.05 acres for construction of 33 single family units, 103 multiple family units,4 outlots and right-of- way,to be zoned in the RM-6.5 Zoning District pn 23.05 acres by an Ordinance approved by the City Council on July 10,2001; and WHEREAS, the Community Planning Board reviewed said application at a public hearing at its April 9,2001 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its June 5,2001,meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL _ OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Carlston, Inc., for the construction of a 33 single family units, 103 multiple family units,4 outlots and right-of-way, based on plans dated May 25,2001,between Carlston, Inc., and the City of Eden Prairie. ADOPTED by the City Council on August 7,2001. Jean L.Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk THE HERITAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA ORDINANCE NO. 26-2001-PUD-16-2001 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 Zoning District and be placed in the Planned Unit Development R1-13.5 and RM-6.5 Zoning District 26-2001-PUD-16-2001 (hereinafter "PUD-16-2001-R1-13.5 and RM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of July 10, 2001, entered into between Carlston, Inc., Ryland Homes, and Manley Brothers Construction and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-16-2001-R1-13.5 and RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-16-2001-R1-13.5 and RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-16-2001-R1-13.5 and RM-6.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-16-2001-R1-13.5 and RM-6.5 are justified by the design of the development described therein. D. PUD-16-2001-R1-13.5 and RM-6.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. 3 Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the R1-13.5 and RM-6.5 Zoning Districts and shall be included hereafter in the Planned Unit Development,PUD-16-2001- R1-13.5 and RM-6.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1,subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of June, 2001, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 7th day of August, 2001. ATTEST: _ Kathleen A. Porta, City Clerk Jean L.Harris,Mayor PUBLISHED in the Eden Prairie News on Exhibit A The Heritage Legal Description: Carlston,Inc. Single Family Homes (R1-13.5) That part of the West Half of the Southwest Quarter of Section 20, Township 116 North, Range 22 West, of the 5th Principal Meridian, described as follows: Commencing at the Southwest corner of said West Half; thence on an assumed bearing of North 0 degrees 57 minutes 40 seconds East along the West line of said West Half, a distance of 695.81 feet; thence Northeasterly along a curve concave to the Northwest, said curve having a radius of 3997.38 feet and central angle of 0 degrees 45 minutes 22 seconds and chord bearing of North 56 degrees 21 minutes 16 seconds East, an arc distance of 52.75 feet; thence North 55 degrees 58 minutes 35 seconds East a distance of 1020.95 feet to the actual point of beginning of the parcel of land to be . herein described; thence South 55 degrees 58 minutes 35 seconds West a distance of 57.57 feet; thence South 34 degrees 1 minute 25 seconds East a distance of 273 feet; thence South 55 degrees 58 minutes 35 seconds West a distance of 81.5 feet; thence South 7 degrees 04 minutes 17 seconds East a distance of 157.36 feet; thence South 89 degrees 37 minutes 30 seconds East a distance of 373.01 feet more or less to the point of intersection with the East line of the West Half of the Southwest Quarter of said Section 20, thence Northerly along said East line to the point of intersection with a circular curve which is concave to the Southeast running Northeasterly from the actual point of beginning, said curve having a radius of 2006.53 feet and having a radial line bearing of South 34 degrees 1 minute 25 seconds East at the point of beginning; thence Southwesterly along said curved line to the point of beginning, Hennepin County,Minnesota, • AND; That part of the West Half of the Southwest Quarter of Section 20, Township 116 North, Range 22 West, of the 5th Principal Meridian, described as follows: Commencing at the Southwest corner of said West 1/2 thence on an assumed bearing of North 0 degrees 57 minutes 40 seconds East along the West line of said West Half, a distance of 695.81 feet; thence Northeasterly, along a curve concave to the Northwest, said curve having a radius of 3997.38 and central angle of 0 degrees 45 minutes 22 seconds and chord bearing of North 56 degrees 21 minutes 16 seconds East, an arc distance of 52.75 feet; thence North 55 degrees 58 minutes 35 seconds East a distance of 781.88 feet; thence South 34 degrees 01 minutes 25 seconds East a distance of 273 feet; thence North 55 degrees 58 minutes 35 seconds East a distance of 100 feet; thence South 7 degrees 04 minutes 17 seconds East a distance of 459.28 feet to the actual point of beginning of the parcel of land to be herein described; thence North 7 degrees 04 minutes 17 seconds West a distance of 301.92 feet;thence South 89 degrees 37 minutes 30 seconds East a distance of 373.01 feet more or less to the point of intersection with the East line of the West Half of the Southwest Quarter of section 20; thence Southerly along said East line to the Southeast corner of said West Half thence Westerly along the South line of said West Half a distance of 333.89 feet; thence Northerly 538.85 feet more of less to the actual point of beginning, according to the U.S. Government Survey thereof,Hennepin County,Minnesota, AND; That part of the East 350 feet (as measured at right angles to the East line) of the Northwest Quarter of the Northwest Quarter of Section 29, Township 116, Range 22, Hennepin County, Minnesota,lying North of the South 340.00 feet thereof. Manley Brothers Townhomes (RM-6.5) That part of the Southwest Quarter of the Southwest Quarter of Section 20, Township 116, Range 22,lying easterly of the following described"Line 1": Line 1: Commencing at the intersection of the southerly extension of the easterly line of Outlot B, OAKPARKE ESTATES, according to the recorded plat thereof, Hennepin County, Minnesota and the south line of said Southwest Quarter of the Southwest Quarter;thence North 89 degrees 09 minutes 17 seconds East, assumed bearing along the south line of said Southwest Quarter of the Southwest Quarter, a distance of 461.02 feet to the point of beginning of said "Line 1"; thence North 05 degrees 04 minutes 01 seconds East, a distance of 66.05 feet; thence North 06 degrees 44 minutes 26 seconds East, a distance of 237.20 feet; thence northerly, along a tangential curve, concave to the west, having a central angle of 41 degrees 44 minutes 32 seconds and a radius of 409.77 feet,for an arc distance of 298.53 feet;thence North 35 degrees _ 00 minutes 06 seconds West, tangent to said curve, a distance of 340.22 feet to said centerline of HENNEPIN COUNTY STATE AID HIGHWAY NO. .1, PLAT NO. 6, according to the recorded plat thereof, said Hennepin County and said"Line 1"there terminating. And westerly and southerly of the following described line: Beginning at point of beginning of said"Line 1";thence North 89 degrees 09 minutes 17 seconds East, along the south line of said Southwest Quarter of the Southwest Quarter, a distance of 509.08 feet to the west line of the East 333.89 feet of said Southwest Quarter of the Southwest Quarter;thence North 00 degrees 30 minutes 27 seconds West, along said west line of the East 333.89 feet, a distance of 538.85 feet; thence South 89 degrees 01 minutes 02 seconds West, a distance of 358.18 feet, said point hereinafter known as "Point A"; thence South 66 degrees 38 minutes 16 seconds West, a distance of 143.85 feet to said "Line 1" and said line there terminating. TOGETHER WITH: That part of the North 506.00 feet of the Northwest Quarter of the Northwest Quarter of Section 29,Township 116, Range 22,Hennepin County,Minnesota,lying east of the West 400.00 feet and west of the East 350.00 feet thereof. TOGETHER WITH: Outlot G, OAKPARKE ESTATES, according to the recorded plat thereof,Hennepin County, Minnesota. Ryland Townhomes (RM-6.5) That part of the Southwest Quarter of the Southwest Quarter of Section 20, Township 116, Range 22, Hennepin County, Minnesota, lying southeasterly of the centerline of HENNEPIN COUNTY STATE AID HIGHWAY NO. 1, PLAT NO. 6 and lying easterly of the east line of Outlot B and its southerly extension, OAKPARKE ESTATES, both according to the recorded plats thereof, said Hennepin County and westerly and southwesterly of the following described line,heretofore known as "Line 1": Commencing at the intersection of said southerly extension of the easterly line of Outlot B and the south line of said Southwest Quarter of the Southwest Quarter; thence North 89 degrees 09 minutes 17 seconds East, assumed bearing along the south line of said Southwest Quarter of the Southwest Quarter, a distance of 461.02 feet to the point of beginning of said "Line 1"; thence North 05 degrees 04 minutes 01 seconds East, a distance of 66.05 feet; thence North 06 degrees 44 minutes 26 seconds East, a distance of 237.20 feet; thence northerly, along a tangential curve, concave to the west, having a central angle of 41 degrees 44 minutes 32 seconds and a radius of 409.77 feet, for an arc distance of 298.53 feet; thence North 35 degrees 00 minutes 06 seconds West,tangent to said curve, a distance of 340.22 feet to said centerline of HENNEPIN COUNTY STATE AID HIGHWAY NO. 1,PLAT NO. 6 and said"Line 1"there terminating. _ TOGETHER WITH: Outlot B, OAKPARKE ESTATES, according to the recorded plat thereof, Hennepin County, Minnesota. TOGETHER WITH: That part of the Southwest Quarter of the Southwest Quarter of Section 20,Township 116, Range 22, lying northeasterly of the aforesaid "Line 1", lying southeasterly of the centerline of HENNEPIN COUNTY STATE AID HIGHWAY NO. 1, PLAT NO. 6, according to the recorded plat thereof, said Hennepin County, lying northwesterly of a line bearing South 66 degrees 38 minutes 16 seconds West from the following described "Point A": Said"Point A" described as follows: Beginning at point of beginning of said "Line 1";thence North 89 degrees 09 minutes 17 seconds East, along the south line of said Southwest Quarter of the Southwest Quarter, a distance of 509.08 feet to the west line of the East 333.89 feet of said Southwest Quarter of the Southwest Quarter; thence North 00 degrees 30 minutes 27 seconds West, along said west line of the East 333.89 feet, a distance of 538.85 feet; thence South 89 degrees 01 minutes 02 seconds West, a distance of 358.18 feet, said point hereinafter known as "Point A";thence South 66 degrees 38 minutes 16 seconds West, a distance of 143.85 feet to said"Line 1" and said line there terminating. AND lying southwesterly of the following described line: Beginning at the aforesaid "Point A"; thence North 21 degrees 50 minutes 23 seconds West, a distance of 494.89 feet to said centerline of HENNEPIN COUNTY STATE AID HIGHWAY NO. 1,PLAT NO. 6 and said line there terminating. THE HERITAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 26-2001-PUD-16-2001 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 Dell Road and Pioneer Trail from the Rural Zoning District to the R1-13.5 and RM-6.5 Zoning Districts. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) 9 • DEVELOPER'S AGREEMENT THE HERITAGE— CARLSTON, INC. THIS AGREEMENT is entered into as of August 7,2001,by Carlston Inc., a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Guide Plan Change from Low Density Residential to Medium Density Residential on 23.05 acres, Planned Unit Development Concept Review on 42.16 acres,Planned Unit Development District Review with waivers on 42.16 acres, Zoning District Change from Rural to R1-13.5 Zoning District on 19.05 acres and from Rural to RM-6.5 Zoning District on 23.05 acres, Site Plan Review on 23.05 acres, and Preliminary Plat of 42.16 acres into 138 lots, 4 outlots, and right-of-way, legally described on Exhibit A-1, attached hereto and made a part hereof, for the purpose of this Agreement, the"Property" (19.05 acres)is legally described in Exhibit A-2; NOW,THEREFORE,in consideration of the City adopting Resolution No. for Guide Plan Change,Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review with waivers and - Zoning District Change from Rural to R1-13.5 on 19.05 acres and from Rural to RM-6.5 Zoning District on 23.05 acres,Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat. Developer agrees to construct,develop and maintain the Property as follows: • 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated May 25,2001,reviewed and approved by the City Council on June 5,2001, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEDICATIONS: Prior to the release of the final plat, Developer will provide written documentation for the dedication of proposed Outlot A, The Heritage, as set forth on the Plans,attached hereto,to the City for wetland preservation purposes in accordance with the • terms and conditions of Exhibit C, attached hereto. 4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. 10 The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands,lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer,Developer's consultants,contractors,subcontractors,suppliers and agents,and Developers of adjacent property and their contractors,subcontractors,suppliers, and agents. Developer shall not be released from its responsibilities to release,defend and indemnify because of any inspection,review or approval by City. 6. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland,wetland buffer strips,wetland buffer monument locations, water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. . Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall • provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures. All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D,attached hereto and made a part hereof. Prior to release of the grading bond,Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City,upon request by the City. I ( 7. PERFORMANCE STANDARDS: Developer agrees that the Propertywill be operated in a manner meeting all applicable noise,vibration,dust and dirt,smoke,odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise,vibration,dust and dirt,smoke,odor and glare do not go beyond the Propertyboundary lines. 8. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit issuance for each single family residential structure on each parcel ofthe Property(Lots 1-12, Block 1,The Heritage and Lots 1-22,Block 2,The Heritage);a Certificate of Survey for such parcel shall be submitted for review and written approval by the Building Department. The Certificate of Survey shall include a certification by the builder that construction of the residence is consistent with this Agreement and all exhibits attached hereto,and shall further contain the following information: • A. Topography with 2 foot contour intervals for existing and proposed grades. Topography must be field verified. B. Location of structures with finished floor elevations. C. Retaining walls,type,height, and type of details. D. Location of sewer,water, gas and electric lines. E. Method of erosion control. F. Detailed grading plans. G. No construction or grading within any conservancy easement area. H. No steepening of the natural slopes and walkout levels that meet natural grade. I. Engineered design for footing, foundation, and retaining walls. 9. PRETREATMENT PONDS: Prior to final plat approval on the Property,Developer shall submit to the City Engineer and receive the City Engineer's approval of plans and design information for all storm water quality facilities to be constructed on the Property. Developer shall complete implementation of the approved storm water quality facility plan prior to issuance of any occupancy permit for the Property. Prior to issuance of any certificate of occupancy for the Property,Developer shall provide to the City Engineer proof that the pond size has not diminished from the original design volume because of sedimentation, erosion or other causes, and that the pond has been restored to its original volume if the pond size has diminished. 10. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the R1-13.5 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD • Cul-de-sac lengths of 540 feet, 550 feet, and 650 feet for the single-family development. Code maximum is 500 feet. • Front Yard Setback of 25 feet for Lots 12 and 22,Block 2. Code minimum is 30 feet. • Lot Frontage of 20 feet for Lot 10,Block 2. Code requires 55 feet on the radius of a cul-de-sac. • Alternative Wetland Buffer Strip of 30 feet. Code requires a 50-foot Wetland Buffer Strip. Prior to issuance of any building permit for the Property,Developer shall arrange for and City will install signs on Valley Road indicating the future extension of Valley Road to Dell Road. Street plans shall include the demolition of the existing cul-de-sac at the west end of Cedarcrest Drive in Cedar Forest First Addition and full landscape restoration of the demolition area. 16. TREE LOSS -TREE REPLACEMENT: There are 3,813 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 1,533 diameter inches. Tree replacement required is 820 caliper inches. Prior to the issuance of any land alteration permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 820 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City Code prior to building permit issuance. 17. WETLAND PLAN: A. Wetland Buffer Strip Vegetation Evaluation: Developer shall submit to the City a Wetland Buffer Strip Vegetation Evaluation Report("Buffer Report")in accordance with the Wetland Plan and City Code requirements. If any unacceptable vegetation is identified by the City, the wetland buffer strip shall be graded and reseeded or replanted (thereon known as "Landscaping", or "Landscaped") by the Developer within 90 days of submission of the Buffer Report. If Landscaping of the wetland buffer strip is required,the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager, stating that the wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland buffer strip. Developer shall also submit a signed contract with a qualified wetland consultant,as determined by the City Manager, to submit a final Buffer Report. The final Buffer Report shall evaluate the wetland buffer strip vegetation after completion of two full growing seasons and shall evaluate the wetland buffer strip vegetation to determine if the wetland buffer strip vegetation remains in compliance with all City requirements. If any unacceptable vegetation is identified, the buffer shall be Landscaped by the Developer within 90 days of submission of the final Buffer Report. B. Conservation Easement: Prior to release of the final plat for any portion of the Property, Developer shall submit a Conservation Easement (Exhibit E) for review 13 and written approval by the Environmental Coordinator, for the area delineated on the Plans. Prior to release of the first building permit for the Property,Developer shall submit evidence to the Environmental Coordinator that the approved Conservation Easement has been filed in the Hennepin County Recorder's/Registrar of Titles' Office. C. Wetland Buffer Strip Monuments: Prior to release of the first building permit for the Property, Developer shall install all wetland buffer strip monuments for the property. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. Removal of the wetland buffer strip monuments is prohibited. D. Wetland Plan/Performance Bond: Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan prior to issuance of the land alteration permit. The approved Wetland Plan shall be consistent with the materials shown on the Plans. Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond, cash escrow,or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to 150%of the cost,as estimated by the City Manager,of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said performance bond,cash escrow, letter of credit or other guarantee shall cover two full growing seasons following completion of the development. • • iy DEVELOPER'S AGREEMENT THE HERITAGE— RYLAND HOMES THIS AGREEMENT is entered into as of August 7,2001,by Ryland Homes Group,Inc.,a Maryland corporation,hereinafter referred to as"Developer,"and the CITY OF EDEN PRAIRIE,a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Guide Plan Change from Low Density Residential to Medium Density Residential on 23.05 acres, Planned Unit Development Concept Review on 42.16 acres, Planned Unit Development District Review with waivers on 42.16 acres, Zoning District Change from Rural to R1-13.5 Zoning District on 19.05 acres and from Rural to RM-6.5 Zoning District on 23.05 acres, Site Plan Review on 23.05 acres, and Preliminary Plat of 42.16 acres into 138 lots, 4 outlots, and right-of-way, legally described on Exhibit A-1, attached hereto and made a part hereof, for the purpose of this Agreement, the "Property" (10.42 acres) is legally described in Exhibit A-2; NOW,THEREFORE,in consideration of the City adopting Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review with waivers and Zoning District Change from Rural to R1-13.5 on 19.05 acres and from Rural to RM-6.5 Zoning District on 23.05 acres, Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat. Developer agrees to construct,develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated May 25,2001,reviewed and approved by the City Council on June 5,2001, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. ACCESS EASEMENT: Prior to the approval of a final plat for the Property, Developer shall submit to the City Engineer for approval of a cross access agreement granting Parcel Identification Number 19-116-22-44-0001 the right of access across the Property along Wiedman Way to Dell Road. Developer shall record the approved agreement immediately after recording the final plat and provide the City evidence of the recording. 4. DEDICATIONS: Prior to the release of the final plat, Developer shall provide written documentation for the dedication of proposed Outlot B, The Heritage, as depicted on the Plans, attached hereto, to the City for ponding and stormwater retention purposes in accordance with the terms and conditions of Exhibit C, attached hereto. Is • 5. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 6. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer,Developer's consultants,contractors,subcontractors,suppliers and agents,and Developers of adjacent property and their contractors,subcontractors,suppliers, • and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 7. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors as shown on the Plans to be used on the buildings on the Property. - 8. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland, wetland buffer strips, wetland buffer monument locations, water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's approval of an erosion control plan for the Property. The erosion control plan shall include all I , boundary erosion control features,temporary stockpile locations and turfrestoration procedures. All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D,attached hereto and made a part hereof. Prior to release of the grading bond,Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City,upon request by the City. 9. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation(submit copies of approved plan and surety) of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 10. LANDSCAPE PLAN: 'Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity,type, and size of plant materials shown on the landscape plan on Exhibit B. Developer shall furnish to the - City Planner and receive the City Planner's approval of a landscape bond equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation(submit copies of approved plan and surety)of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 11. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise,vibration,dust and dirt,smoke,odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise,vibration,dust and dirt,smoke,odor and glare do not go beyond the Property boundary lines. 12. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements(Exhibit E)for such sidewalks and trails in such locations as determined by the Director of Parks and Recreation Services. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located in the townhome area west of Dell Road along Rath Place and Weidman Way making connections to the trail on Dell Road and along Hackberry Court from the west property line to Dell Road as depicted in the Plans, attached hereto. 13. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code,Section 11.70,Developer shall file with the CityPlanner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size,location,the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 14. SPECIAL ASSESSMENTS: Prior to release of a final plat for any portion of the Property, Developer shall sign an assessment agreement, in the form and substance as attached in Exhibit F, for trunk sewer and water assessments in the amount of$56,555.00. 15. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer,and obtain the City Engineer's approval of plans for streets,public sanitary sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection,certify completion in conformance to approved plans and specifications and provide record drawings. 16. TREE LOSS-TREE REPLACEMENT: There are 32 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 32 diameter inches. Tree replacement required is 42 caliper inches, as depicted on the plans. Prior to the issuance of any land alteration permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 42 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss prior to release of the landscaping bond. IS' • DEVELOPER'S AGREEMENT THE 1-I HRITAGE- • MANLEY LAND DEVELOPMENT THIS AGREEMENT is entered into as of August 7,2001,by Manley Land Development, Inc., a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Guide Plan Change from Low Density Residential to Medium Density Residential on 23.05 acres, Planned Unit Development Concept Review on 42.16 acres, Planned Unit Development District Review with waivers on 42.16 acres, Zoning District Change from Rural to R1-13.5 Zoning District on 19.05 acres and from Rural to RM-6.5 Zoning District on 23.05 acres, Site Plan Review on 23.05 acres, and Preliminary Plat of 42.16 acres into 138 lots, 4 outlots, and right-of-way, legally described on Exhibit A-1, attached hereto and made a part hereof, for the purpose of this Agreement, the "Property" (12.64 acres) is legally described in Exhibit A-2; NOW,THEREFORE,in consideration of the City adopting Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review with waivers and Zoning District Change from Rural to R1-13.5 on 19.05 acres and from Rural to RM-6.5 Zoning District on 23.05 acres, Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat. Developer agrees to construct,develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated May 25,2001,reviewed and approved by the City Council on June 5,2001, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES ON TH h- PROPERTY: Prior to release of the final plat for the Property,Developer shall submit a Conservation Easement(Exhibit E)for review and written approval by the Director of Parks and Recreation Services, for the area delineated on the Plans. Prior to the release of the first building permit for the Property, Developer shall submit evidence to the Director of Parks and Recreation Services,that the approved Conservation Easement has been filed in the Hennepin.County Recorder's/Registrar of Titles' Office. 19 • Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 21/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary",will be affixed to the top of the post. 4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City need not issue a • building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall . release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer,Developer's consultants,contractors,subcontractors,suppliers and agents,and Developers of adjacent property and their contractors,subcontractors,suppliers, and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of'any inspection,review or approval by City. 6. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors as shown on the Plans to be used on the buildings on the Property. 7. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: - A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland, wetland buffer strips,wetland buffer monument locations, water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond • conforms to the final grading plan. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved • final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures. All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D,attached hereto and made a part hereof. Prior to release of the grading bond,Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City,upon request by the City. - 8. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 9. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on Exhibit B. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150%'of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions • of Exhibit C. 10. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise,vibration,dust and dirt,smoke,odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise,vibration,dust and dirt,smoke,odor and glare do not go beyond the Property boundary lines. 11. PRETREATMENT PONDS: Prior to final plat approval on the Property,Developer shall submit to the City Engineer and receive the City Engineer's approval of plans and design information for all storm water quality facilities to be constructed on the Property. Developer shall complete implementation of the approved storm water quality facility plan prior to issuance of any occupancy permit for the Property. Prior to issuance of any certificate of occupancy for the Property,Developer shall provide to the City Engineer proof that the pond size has not diminished from the original design volume because of sedimentation, erosion or other causes, and that the pond has been restored to its original volume if the pond size has diminished. 12. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer shall submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of $1,000.00 (Cashier's Check) to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the $1,000.00 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 13. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. . 14. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements(Exhibit F)for such sidewalks and trails in such locations as determined by the Director of Parks and Recreation Services. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located in the townhome area east of Dell Road connecting from Ada and Hanson Court to Dell Road and along Haralson Drive from the south property line to the trail on Dell Road as depicted in the Plans, attached hereto. - 15. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code,Section 11.70,Developer shall file with the CityPbanner and receive the CityPlanner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location,the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 16. SPECIAL ASSESSMENTS: Prior to release of a final plat for any portion of the Property, Developer shall sign an assessment agreement, in the form and substance as attached in Exhibit G,for trunk sewer and water assessments in the amount of$59,948.00. 17. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer,and obtain the City Engineer's approval of plans for streets,public sanitary sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection,certify completion in conformance to approved plans and specifications and provide record drawings. Prior to issuance of any building permit for the Property,the City will install signs-on Valley Road indicating the future extension of Valley Road to Dell Road. 18. TREE LOSS-TREE REPLACEMENT: There are 1,272 diameter inches of significant trees on the Property.'Tree loss related to development on the Property is calculated at 888 diameter inches. Tree replacement required is 868 caliper inches,as depicted on the Plans. Prior to the issuance of any land alteration permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 868 caliper inches. . This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss prior to release of the landscaping bond. CITY COUNCIL AGENDA DATE: August 7,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Heritage Place Engineering Services . D Randy Slick/ Eugene A.Dietz • Requested Action • Move to: Adopt the resolution approving the final plat of Heritage Place Synopsis This proposal is located south of Pioneer Trail and west of Dell Road. The plat consists of 10.41 acres to.be divided into 51 lots, one outlot and right-of-way dedication for street purposes. The proposed project will have a total of 50 two-story townhomes. Background Information The preliminary plat was approved by the City Council June 5, 2001. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on August 7,2001. Approval of the final plat is subject to the following conditions: , • Receipt of engineering fee in the amount of$2,300.00 • Receipt of street lighting fee in the amount of$2,212.90 • • Satisfaction of bonding requirements for the installation of public improvements • Execution of Special Assessment Agreement for trunk utility improvements • The requirements as set forth in the Developer's Agreement • Provide a list of areas(to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor • Prior to release of final plat,Developer shall deed Outlot A to the City. Attachments Drawing of final plat RS:ssa CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF HERITAGE PLACE WHEREAS,the plat of Heritage Place has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder,and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Heritage Place is approved upon compliance with the recommendation of the City Engineer's report on this plat dated August 7,2001. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. — C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. - ADOPTED by the Eden Prairie City Council on August 7,2001. Jean L.Harris,Mayor ATTEST: SEAL Kathleen A.Porta,City Clerk • • l ^-I I L!1 C.-7 171,11 ILJ •111JL•7 " p .�....Jl V1..:�J _.a/12 V C:/VV I :Io1 nOK .re•OITtz SOGar _ — " NE9°O9.17 E 461.O2 V \ — '/ 4 ;�"__ O I '•R R I N./l If•M I•.M Nti SAS •-• A toroo T neat t ti \ Or,c OI I�f'DIYf!' tratg O b d O O OfT7 lMf� 0 -' 1 `t y_1J1W SSW 2100 21W 11W T O o1100/ x90 SSW H00 LSW SSW O' , \' O { 8I 8 8 8 8 8 ,CTaaz7? a a a a r :,. .5 Q rti l 1 N 03 v '`c w . m r rn ^ Q r .a Zwi ce e I 81 8 8 8 82 tw 88 t 8 8 8 8 8 § d w ,,t .u0o Seal xW xro xW SSW SiW x00 rime xW riW 3500 $s:�" 1 3 1 f••'Y ° N!e•Oe770 172000 0 -p„4- 0 2ee•OeYIr ma, ° —1 R V _ 1I y �- 5I f . 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'��65 :Q .�2. ti 4"-- tJ a om.e.neaea , �. . sq i6-$ _ la q,I, %11 $66°� t,1y`,lL 410� \\ �1 ` 'Nee re7ai etx - _a;1 I �0 — rco a AM[a• a 0\ •moo%\`, _Gf1T y g \ T 1.NS neatso aav j / aiLlailli Q \ la /' v a rtd /'. 414 40. ..t i'ill -22 \ / 1� O .... 1 o z \`a 11 \6 i// // o T{Fd: f. Silk \ '4 �T1 // 9� / " I e My �/ ` ` // v =SSy a , O ,S // were— / 8e3c I 8 E a • _�� , 0 .serL. I as 30- /- \ / S2.ag 3 _ 1 CITY COUNCIL AGENDA DATE: August 7,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Heritage Village Engineering Services •2. Randy Slick/ • Eugene A.Dietz • Requested Action Move to: Adopt the resolution approving the final plat of Heritage Village. Synopsis This proposal is located south of Pioneer Trail and east of Dell Road. The plat consists of 12.64 acres to be divided into 54 lots,two outlots and right-of-way dedication for street purposes. The proposed project will have a total of 53 one-story townhomes. Background Information The preliminary plat was approved by the City Council June 5, 2001. Second Reading of the Rezoning Ordinance and fmal approval of the Developer's Agreement will be completed on August 7,2001. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$2,438.00 • Receipt of street lighting fee in the amount of$1,908.50 • • Receipt of street sign fee in the amount of$360.00 • Satisfaction of bonding requirements for the installation of public improvements • Execution of Special Assessment Agreement for trunk utility improvements • The requirements as set forth in the Developer's Agreement • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor • Prior to release of final plat, Developer shall submit a conservation easement for the protection of existing trees on the property. • Prior to release of the final plat,Developer shall dedicate Outlot B to the City. Attachments Drawing of final plat 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF HERITAGE VILLAGE WHEREAS, the plat of Heritage Village has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Heritage Village is approved upon compliance with the recommendation of the City Engineer's report on this plat dated August 7,2001. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. — C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. • ADOPTED by the Eden Prairie City Council on August 7, 2001. • Jean L. Harris,Mayor ATTEST: SEAL • Kathleen A. 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Of .miff — \ A 'i("�•/-- �\ , 1 :+ `6S!fi \ 1 . f- Si 1: k i ``/ gga \ _ =1'� / iI E d EI . 2l ° • L 3 CITY COUNCIL AGENDA DATE: August 7,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Services Final Plat Approval of Seven Pines Randy Slick/ • Eugene A.Dietz Requested Action Move to: Adopt the resolution approving the final plat of Seven Pines Synopsis This proposal, located south of Pioneer Trail and east of Dell Road consists of 19.11 acres to be divided into 33 single family lots,one outlot and right of way dedication for street purposes. Background Information The preliminary plat was approved by the City Council June 5, 2001. Second Reading of the • Rezoning Ordinance and final approval of the Developer's Agreement will be completed on August 7,2001. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$1,518.00. • Receipt of street lighting fee in the amount of$4,832.10 • Receipt of street sign fee in the amount of$869.60 • Satisfaction of bonding requirements for the installation of public improvements • Execution of Special Assessment Agreement for trunk utility improvements • The requirements as set forth in the Developer's Agreement • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor • Prior to release of final plat,Developer agrees to dedicate Outlot A to the City • Prior to release of final plat, Developer shall submit a conservation easement for the delineated area • Revision to plat to include a 20-foot drainage and utility easement between Lots 3 and 4, Block 2 • Revision to plat to include a 20-foot drainage and utility easement along the east property line of Lots 11 and 12,Block 2 • Revision to plat to include Outlot A title on lot Attachments Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF SEVEN PINES WHEREAS, the plat of Seven Pines has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Seven Pines is approved upon compliance with the recommendation of the City Engineer's report on this plat dated August 7,2001. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. - C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on August 7, 2001. Jean L. Harris,Mayor ATTEST: SEAL • Kathleen A.Porta, City Clerk 1.i.4 g.4.,.6.. 1. I\i.(i0 3 --:. r~~fi„...\. 3 C 3 a ____4'I_r_F..r.', i:I„f - .. _ , S U 'o i .�,� r ta C S e I b 14) ) Y + r k Ily ii :. S • y8 �' .fg°p `1.g S ff y^ °C A"11•,�-• -M.fQ.M.RAN 41 9 r - IV•;N I 7Q'tlCl l 1 • �' I{�8 1 O I / �& ,-e-\\ "�_ I d M1 e I / 3& Al g �\\. * ilI �' g �_x< ‘(J� jCe. • 4441 1441 �_ in r i W r>t R, rr ( It 1 oqF :3. 1`"5S• .'fS'�"h. _ ..�ors �"'u`rlr ° b V -I- y +�� :*� �1' J'1 y1Mwc uo rtiae Z ' w S414/ f.. �f 3 -x 4: t.gt,.g 9 IN63./C:2"E - • Sc�zs w v L_J 4 • y rtba 11 5 QI .ail, VP N I d� 1 --iinr vY aV t¢ L .* ti, ." i ' _F j LL. 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I n n7.s .j, c6ro 0_b� ,y1_ r/Sti / ``'- NN ,rye.*yam Lvh�JMs lten_J , i .. 3ro Haim y CITY COUNCIL AGENDA DATE: August 7,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: VAC 00-09 ITEM NO.: Engineering Services Vacation of Right-of-Way for Part of Franlo David Olson Road located in the Southeast Quadrant of Eugene A.Dietz Pioneer Trail and Franlo Road Requested Action Move to: Adopt the resolution vacating the right-of-way for part of Franlo Road, located adjacent to Bluffs East 17th Addition. Synopsis The Public Hearing for this vacation request was held January 16, 2001. Action taken at that time was to close the Public Hearing only, with the resolution to be adopted upon satisfactory resolve of existing utility relocations and determination of any needed compensation by the Developer of the Bluffs East 17th project. All utility relocation issues have now been resolved. Background Information - Excess right-of-way was created by the westerly realignment of Franlo Road with the platting of Bluffs East 1st Addition by the Bluffs Company in 1983 to match pavement surfaces of Franlo Road, north of Pioneer Trail. The area requested for, vacation will not be needed to accommodate the current or foreseeable roadway expansion projects at this intersection. As part of the review process, a preliminary design of the ultimate intersection geometrics was developed. The right-of-way remaining after the vacation will easily accommodate the proposed design. • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. • VACATION OF RIGHT-OF-WAY FOR PART OF FRANLO ROAD LOCATED IN 1IlE SOUTHEAST QUARTER OF SECTION 25 WHEREAS, the City of Eden Prairie has certain right-of-way and drainage and utility easements described as follows: That part of Franlo Road located south of Hennepin CSAH lin the Southeast Quarter of Section 25, Township 116,Range 22,Hennepin County,Minnesota described as follows: Beginning at the intersection of the west line of said Southeast Quarter and a line drawn parallel with and distant 66 feet easterly of the easterly line of Block 3,Bluffs East First Addition; thence northerly along said west line 129.63 feet; thence northeasterly deflecting to the right 66 degrees 54 minutes 04 seconds, to the east line of Franlo Road; thence southerly along said east line to said parallel line; thence northerly along said parallel line to the point of beginning and there terminating. WHEREAS, a public hearing was held on January 16, 2001, after due notice was given to affected property owners and published in accordance with M.S.A.412.851; WHEREAS,it has been determined that the said right-of-way is not necessary and has no interest to the public,therefore,should be vacated;and WHEREAS, the petitioner has agreed to pay and all costs of relocation of private utilities within the vacation area. • NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1) This vacation shall be valid upon receipt of verification from private utility companies of agreement from petitioner to fund the relocation of existing facilities. 2) Said right-of-way as above described is hereby vacated. • 3) The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A.412.851. ADOPTED by the Eden Prairie City Council on August 7,2001. Jean L.Harris,Mayor ATTEST:. SEAL Kathleen A.Porta,City Clerk CITY COUNCIL AGENDA DATE: August 7,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 01-5545 ITEM NO.: Engineering Services Approve Professional Services Agreement with 1 Alan D. Gray HTPO,Inc. for Design and Construction VI . fit" , Eugene A.Dietz Services Associated with the Project Requested Action Move to: Approve professional services agreement with HTPO, Inc. for design and construction services for Homeward Hills Road Culvert Replacement. Synopsis This project will replace an existing 30-inch corrugated metal culvert crossing Homeward Hills Road and a bike trail south of Pioneer Trail(CSAH 1). Background Information Public Works staff has discovered a badly corroded 30-inch metal culvert crossing under Homeward Hills Road and a bike trail. The trail is currently closed due to an open joint in the pipe which resulted in a hole in the trail. This pipe is more than 30 years old and in poor condition due to corrosion. HTPO will prepare construction plans and specifications and provide survey and inspection services during construction. We hereby recommend approval of this informal professional services agreement with HTPO, Inc. for the amount of$7,500.00. Attachments Professional Services Agreement with HTPO, Inc. 1 I Engineering•Surveying Landscape Architecture 1 � J June 27,2001 City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Attn: Mr.Alan Gray Re: Homeward Hills Road culvert replacement Dear Mr.Gray: As requested,the following estimate for civil engineering services for the above referenced project is provided for your consideration. Estimate Scope of Services $ 4,500.00 Preparation of construction documents and bid administration. Includes topography and • permit application to watershed district. Does not include wetland delineation if required. Assumes this project will be incorporated into the Riverview Road storm sewer bid package. $ 3,000.00 Construction administration,staking, inspection,and record drawings. HTPO,Inc.proposes to provide these services in accordance with the attached General Conditions. Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personnel expense. We will keep you informed of • our work progress and the above fee estimates will not be exceeded without prior approval from your office. Customary reimbursable expenses(printing,courier,and other out-of-house services and documents)are passed on directly to you. We invoice our services monthly payable within 30 days. 7510 Market Place Drive Eden Prairie, MN 55344 952=829-0700 952-829-7806 fax • HANSEN THORP PELLINEN OLSON, INC. Gray/Johnson June 27,2001 Page 2 Thank you for this opportunity to provide our services. Sincerely, HANSEN THORP PELLINEN OLSON, INC. a. 5U-144)-N— Laurie A.Johnson,P.E. Principal LAJ:tiv Enclosure Approved: City of Eden Prairie By: By: 3 • 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 rninimi7e 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 4.4 Payment is due upon receipt of invoice (or corrected to mislead others by omitting certain aspects contained in the invoice)and is past due sixty(60)days from invoice date. On report. past due accounts,City will pay a finance charge of 1.5%per month on the unpaid balance,or the maximum allowed by law, 5.5 Consultant will consider Project Information as confidential whichever is less,until invoice is fully paid. and will not disclose to third parties information that it acquires, uncovers, or generates in the course of performing the work, 4.5 If City fails to pay Consultant within sixty (60) days except as and to the extent Consultant may,in its sole discretion, following invoice date, Consultant may deem the default a deem itself required by law to disclose. breach of its agreement, terminate the agreement, and be relieved of any and all duties under the agreement. City SECTION 6: DISPUTES/LIMITATIONS OF REMEDIES however,will not be relieved of Fee Payment responsibilities by the default or termination of the agreement. 6.1 In the event of a breach of Contract by City,the Consultant shall not be entitled to recover punitive,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 City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 2 of 4 '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 attomey'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 December2000 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 ofthe delay. Consultant will be entitled to payment for or any applicant for employment. The Consultant shall include a its reasonable additional charges,if any,due to the delay. 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 financial interest,direct or indirect, in this contract. The violation of this provision renders the 14.1 No final payment shall be made to the Consultant until Contract void. Any federal regulations and applicable state the Consultant has provided satisfactory evidence to the City statutes shall not be violated. that the Consultant and each of its subcontracts has complied with the provisions of 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 onlyby 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 December2000 Page 4 of 4 CITY COUNCIL AGENDA DATE: August 7,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C.96-5406 ITEM NO.: Engineering Services Highview Drive/Lakeland Terrace Area Alan D. Gray Improvements-Change Order No. 1 .t, Eugene A.Dietz Requested Action Move to: Approve Change Order No. 1 to contract with S.J. Lewis Construction, Inc. for Highview Drive/Lakeland Terrace Area Improvements. Synopsis Change Order No. 1 directs the installation of sanitary sewer and storm sewer through the side yard area of 9581 Highview Drive by directional drilling in lieu of open cut, reduces the size of the southerly cul-de-sac of Highview Drive and adjusts the contract amount to reflect these changes to the contract quantities and cost. The net charge to the contract amount is an increase of$8,893.67. Background Information The plans for Highview Drive/Lakeland Terrace area utilities included an 8-inch sanitary sewer and 12-inch storm sewer to be constructed within the side_yard area of 9581 Highview Drive. An easement is required from the property owner. - The property owner.requested the City consider alternatives to open cut for pipe installation. Directional drilling was selected. To . reduce cost,the storm sewer size was reduced to 8-inches. With this adjustment the net increase in price for the side yard utility installation is $13,067.00. With this change the homeowner agrees to provide the easement without additional cost to the City. The original plans provided for a larger cul-de-sac at the south end of Highview Drive in conformance with design standards for new subdivisions. Public Works determined that the size could be reduced to that of the existing gravel surfaced cul-de-sac since only two driveways enter onto it. A cost reduction of$4,173.33 is included in the Change Order for reduced quantity of tree removal, gravel base and bituminous pavement for the smaller cul-de-sac. Attachments Change Order No. 1 1 CHANGE ORDER 10901 Red Circle Drive, Suite 200,Minnetonka,MN 55343-9301 952.912.2600 800.734.6757 952.912.2601 FAX City of Eden Prairie May 29,2001 OWNER DATE Improvement Contract No.96-5406 1 OWNER'S PROJECT NO. CHANGE ORDER NO. Highview Drive/Lakeland Terrace Area Improvements A-EDENP9901.03 PROJECT DESCRIPTION SEH FILE NO. The following changes shall be made to the contract documents: • Description: Elimination of open cut installation for storm sewer and sanitary sewer at 9581 Highview Drive from the southerly cul-de-sac of Highview Drive to the main entry of Highview Drive. Alternate installation of storm sewer and sanitary sewer will be by the guided bore method. • Purpose of Change Order: Reduction of disturbance to property at 9581 Highview Drive at property owner's request. Basis of Cost: Actual X Estimated Correspondence dated April 9,2001,indicating unit price to bore sanitary and storm sewer plus Attachment to Change Order No. 1 Attachments (list supporting documents) indicating revised contract quantities dated May 29,2001. . . Contract Status Time Cost Original Contract $645,868.18 - Net Change Prior C.O.'s_to= $0.00 Change this C.O. $8,893.67 Revised Contract 54,761.85 Recommended for Approval: Short Elliott Hendrickson Inc.by o/11461J Duane D.Cramer/Project Engineer Agreed to by Contractor: Approved for Owner: BY S.J.Louis onstruction,Inc. BY City of Eden Prairie r1 -Stv TITLE TITLE Distribution Contractor 2 Owner I Project Representative 1 SEH Office 1 It CONSThighviewdrive-col.doc 2(01 • Short Elliott Hendrickson Inc. • Your Trusted Resource • Equal Opportunity Employer • - ; 320- 53- 1 Office Et-T08 - • - - • • .. ; 320-253-35M'Etrirnating Fox 320 52g4020;4ccaunting ' •• • • in 'Address .. Fox • ; 9 e-mail address: gened@sfiouis.corn • •' • 3032 County Road 13t;••. ' • , P.O.Box 1373 ; Waite Park.MN 56387 , •. St.Cloud, MN 56302 • • TO: . SHE• ' • • . ' . ' 'Fax: 952-912 260i• • • • ATTIC::•' . Duane Crame • • • • • • • FROM:. .Cene Dirign'uann • .DATE: 4/9/01 • TIME: • TOTAL NUMBER OF PAGES: • 1 • ' •SUBJECT:;Eden Pipire• • ' • • • • • ' , • • Our price to Directional gilt the 8"sanitary and storm per your fax of • •,_•, .....April.2 2001 is 873.00 per foot. .. ' . • • • 5' , 1 •lhank'You• • • • , • • 5 ' • _ • ,• . , • • • Ill 'A ££q£Eq7.OZ£ 'ON XIi 3 S1fla rs Rd zn:E0 NON to-60-8dU rt _ Attachment to Change Order Number 1 Eden Prairie; Highview Drive & Lakeland Terrace(Revised) May 29, 2001 SEH No. A-EDENP9901.03 SANITARY SEWER 8"PVC Sanitary Sewer 10'-12' Delete 104' @$16.00/FT -$ 1664.00 8"PVC Sanitary Sewer 12'-14' Delete 50' @$18.00/FT -$ 900.00 8"PVC Sanitary Sewer 14'-16' Delete 60' @$21.00/FT -$ 1260.00 Standard Manhole 0'-8' Delete 1 @$1500.00 EA -$ 1500.00 Extra Depth Manhole Delete 7' @$85.00/FT -$ 595.00 4" Service Pipe Add 60' @$9.00/FT +$ 540.00 8"HDPE San Sewer Guided Bore Add 175' @$73.00/FT +$12775.00 Net Increase $ 7396.00 STORM SEWER 12"RCP CL V Storm Sewer Delete 216' @$20.00/LF -$ 4320.00 Standard CB,Design S-5 Delete 1 @$1200.00 EA -$ 1200.00 Standard MH,Design S-1 Delete 1 @$1100.00 EA -$ 1100.00 8"HDPE Storm Sewer Guided Bore Add 177' @$73.00/FT +$12921.00 Net Increase $ 6301.00 CUL DE SAC REDESIGN TYPE LVWE45030B Wear Delete 15.5 Ton @$35.00/TON -$ 542.50 TYPE LVNW35030B Base Delete 20.7 Ton @ $33.00/TON -$ 683.10 Aggregate Base CL 5 Delete 80.0 Ton @$12.00/TON -$ 960.00 Bituminous Tack Delete 9.4 Gal @ $ 2.95/Gal -$ 27.73 Net Decrease -$2213.33 MISCELLANEOUS Clearing Delete 9 Trees @$105.00/Tree -$ 945.00 Grubbing Delete 9 Trees @$105.00/Tree -$945.00 Topsoil and Sodding Delete 350 SY @$ 2.00/SY -$ 700.00 Net Decrease -$2590.00 Total Net Change +$ 8893.67 CITY COUNCIL AGENDA DATE: August 7,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C.93-5302 ITEM NO.: Engineering Services Approve Xcel Energy Agreement regarding Rodney W.Rue power lines along TH 5/TH312 between Martin '�1 Eugene A.Dietz Drive and Prairie Center Drive Requested Action Move to: Approve Xcel Energy agreement regarding power lines along TH 5/TH312 between Martin Drive and Prairie Center Drive. • Synopsis This letter agreement defines the negotiated agreement with Xcel Energy regarding the re- installation of the temporary overhead power lines along Technology Drive back onto the TH 5/TH312 corridor. The agreement indicates that the City will contribute $70,000 to bury the power lines along the TH 5/TH312 corridor. The $70,000 is proposed to be deducted from our Developer's Agreement Settlement Account. Background Information During the construction of TH 312, Xcel Energy needed to remove their power lines from the construction area. For convenience purposes, they proposed (and the City allowed them) to temporarily install their overhead power lines along Technology Drive with the understanding that the power lines would be re-installed onto the TH5/TH312 corridor upon completion of the project. During these discussions, we proposed to "upgrade" the poles(as similarly done on CSAH 1) when the power lines were re-installed onto the TH5/TH312 corridor. However, during Xcel Energy's design of the overhead power lines along TH 312,'they were having difficulty finding a corridor for their power lines corridor (due to numerous conflicts and MnDOT requirements). As a result of their design, they were proposing to bury the power lines along the majority of the with the exception of a section between Mitchell Road and Purgatory Creek. We proposed to them to contribute our share of,the "upgraded" pole cost ($70,000) to Xcel Energy in order to bury that section of power line. The result will be buried power lines along the entire corridor rather than a short segment of overhead power lines. The attached letter 'summaries the negotiated agreement with Xcel Energy. Attachments • Xcel Energy letter agreement Xcel Energy" 5309 West 70th Street Edina, Minnesota 55439-2002 July 11, 2001 Rod Rue City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Rod: • I apologize for not getting this letter to you sooner. Per our conversation,Xcel Energy will agree to bury the remaining portion of the relocated overhead line on the north side of the new Highway 5/212. For that, the City will pay Xcel Energy$70,000.00 which will be deducted from the Eden Prairie Developers Agreement Settlement account. In addition, Xcel Energy will keep the decorative poles ordered for the - project and will be allowed to wait until spring 2002 to bury the remaining overhead lines on Technology Drive between Wallace Road and Mitchell Road. Further, the overhead lines on .Technology Drive from Mitchell Road east to Prairie Center Drive will be removed yet this year. If this is agreeable to the City, please sign below and return the document to me. I will forward you a final signed copy. Please call me at 952/829-4504 if you have any questions. • Sincer= /sc./L.— Pa ' ine . • Community Relations Manager • Xcel Energy cc: Kevin Dickey—Xcel Larry Fortun—Xcel Kevin McCormick—Xcel Agreed: City of Eden Prairie Xcel Energy By: By: . Date: Date: CITY COUNCIL AGENDA DATE: August 7,2001 SECTION: Consent SERVICE AREA: ITEM DESCRIPTION: ITEM NO.: Management Services Award Contract for West Side Cooling Tower -- V Replacement at City Center t. Requested Action Move to: Award contract for west side cooling tower replacement in the amount of$71,550 to Pearson Mechanical Services. Synopsis Sealed bids were received on Monday, July 23, 2001 for the cooling tower replacement. One bid was received from Pearson Mechanical Services for a total of$71,550. The base bid for the work was $53,750, with an alternate add of a new ABB variable frequency drive 40 h.p. motor for $5,300 and an alternate add to install a strainer with recovery tank and indicator package for $12,500. Background The cooling tower on the west side of the City Center was originally installed in 1982 and is in need of replacement. Staff recommends award to Pearson Mechanical Services. Attachment Proposal • PROPOSAL 00-660 effirlit'ea‘e Mechanical Contractors 5630 Memorial Ave. N. *Stillwater, MN •55082*Phone (651)275-1100 *Fax(651) 275-1107 Company Name Phone!Fax Date City of Eden Prairie 831-1001 Fax: 952-906-3530 7/20/01 Street Address Project Name 8080 MITCHELL ROAD EPCC Cooling Tower City,State,Zip Project Location EDEN PRAIRIE, MN 55344 Attention: Project Description REPLACE COOUNG TOWER Work Description: We propose the H.V.A.C. work required to replace the existing tower at EPCC. The new tower will be a BAC model#VTI-340-P with a 40 h.p. motor. Included in our quote is the following: • Demo and removal of the existing tower. • . Install structural steel to support new cooling tower frame. • Furnish and install new cooling tower. • Connect to existing welding piping. • Start-up is included. • Bid and performance bonds. • Permits Alternate add new ABB variable frequency drive for 40 h.p. motor. Add$5,300.00 Alternate add to install a strainer with recovery tank and indicator package.Add$12,500.00. WE PROPOSE hereby to furnish material and labor—complete in accordance with above specifications, for the sum of: Cost: Fifty-three thousand, seven hundred fifty dollars. $53,750.00 All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices.Pearson Mechanical Services,Inc. accepts the responsibility for installation of the mechanical system only as it relates to the bid scope as detailed in the bidding documents.We exclude engineering liability for the design or code compliance of the existing mechanical system.Any alteration or deviation from above specifications involving extra costs will become an extra charge over and above the estimate.Pearson Mechanical Services,Inc.will not be held liable for agreements contingent upon strikes,accidents or delays beyond our control. Building owner to carry fire,property and other necessary insurance. Our workers are covered by workmen's compensation insurance.Pearson Mechanical Services,Inc.will not be responsible for,nor will bid on this project;any work or cost of asbestos abatement. Building owner to provide safe work area with free access to carry out above work. All work to be performed during normal workday on straight time unless otherwise noted. 1 f:%charged on all accounts over 30 days.As part of this Proposal,if it is required by the Contract,Pearson Mechanical will provide commercial general liability insurance to the fullest extent of its current insurance coverage.Pearson Mechanical will not assume any insurance obligations beyond that included in its current insurance policy. Note: Proposal may be withdrawn by us if not accepted within 30 days. Brian Pearson,Vice President—Commercial Projects Phone(651) 275-1100 Fax(651)275-1107 ACCEPTANCE OF PROPOSAL-The above prices,specifications and conditions are satisfactory and hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance Authorized Signature CITY COUNCIL AGENDA DATE: Aug.7,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: Approval of License ITEM NO.: Jim Clark,Director of Public Agreement with Great River Energy for a whip Safety Services antenna on the City Communication Tower at L, Jean Johnson, Zoning Adm. 15050 Technology Drive Requested Action: Move to: Approve License Agreement to lease space on the City's Communication Tower to Great River Energy for a whip antenna. Synopsis: Great River Energy desires to lease space on the City's Communication Tower for a whip antenna. Background Information: Great River is a utility coop and their antenna will have the function of turning on and off peak utility service meters. The whip antenna will not preclude the City from leasing the same area for additional antenna at the same height. • License fees are minimal for whip antennas for the reason many whips can occupy the same height location, or a telecommunication array of panels can occupy the same location as a whip antenna. Attachments: License Agreement 1 LICENSE AGREEMENT 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 Great River Energy, a Minnesota corporation, 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 a communication tower(the"Tower"). The Land and the Tower are hereafter called the(the"Property"). B. Grantee desires a non-exclusive license to use portions of the Property, as described herein for the purpose of constructing, operating, and maintaining a communications 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. Grantee shall pay to Grantor the following: (a) Annual license fees in the following amounts: Year 1 - $3,600.00 Year 2 - 3,780.00 Year 3 3,969.00 Year 4 - 4,167.00 Year 5 - 4,376.00 Annual license fees shall be payable in equal 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. KAComm Dev\StaffDocumentsVean\License Agreements\License Agreement-CntRivEnrgy15050TechDr.doc 1 (b) 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. 4. • Grantee's Use. Grantee may use the following parts of the Property 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 whip antenna and necessary connecting wave-guide and appurtenances on the Tower as more particularly described in Exhibit B attached hereto. (b) Control equipment consisting of approximately 19"rack to be erected on the Property within the City's Control Structure as described in Exhibit B attached hereto ("Control Equipment")to house and 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 to ingress and egress 24 hours each day, seven(7) days a week, on foot or motor vehicle on and over that part of the Property from and to the Tower, as described in Exhibit B for the purpose of inspecting, maintaining and repairing its Facility and related equipment,provided however, 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. Contemporaneously with delivery to Grantor of this Agreement executed by Grantee, Grantee has deposited$500.00 with Grantor for the possession and use of an access card for ingress and egress to the control structure containing Grantee's Control Equipment. (e) Connection to the Grantor's electric utility,which supplies electricity. All Improvements shall be at Grantee's expense and the Improvements,including antennas and equipment, 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 K:\Comm.DevlStaff DocumentsVean\License Agrecments\License Agreement-GrtRivEnrgy15050TechDr doc 2 3 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. All costs for maintenance of the Property,that result from Grantee's use of the Property,shall be paid promptly to Grantor by Grantee upon Grantor's incurring the cost thereof. 8. Ownership of Improvements. During the term of this Agreement and any Extended Term, ownership of the Improvements will remain in the 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 as to 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. 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. 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. K:\Comm.Devlstaff DocumentsVeanUacense Agreements\License Agreement-GrtRivEnrgy15050TechDr.doc 3 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. (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. 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 K:\Comm.Dev\Staff Documents\Jean\License Agreements\Liccnse Agreement-GrtRivEnrgy15050TechDr doc 4 5 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. 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- 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 calculation 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 KAComm.Devlstaff DocumentsVeanVacense AgnxmentslLicense Agreement-GrtRivEnrgy15050TechDr.doc 5 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 interference cannot be eliminated within 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 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 K:\Comm.Dev\StaffDocumentsVean\License AgreementsU.icense Agreement-GrtRivEnrgy15050TechDr doc 6 7 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, 13 and 14 of this Agreement. (c) Grantee's failure to observe or perform any other covenant or condition contained in this Agreement within 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 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 Tower,the Land,or any of Grantor's facilities,fixtures,personal property or improvements located thereon or therein. K:\Comm Dev\Staff DocumentsUcan\License Agreements\License Agreement-GrtRivEnrgy15050TechDr.doc 7 18. Termination. In addition to Grantor's right to terminate this agreement pursuant to Section 16 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) convey or transfer to another the Land or the Tower. • • (b) discontinue its use of the Tower. (c) if it determines, after consultation with a licensed structural engineer that the Tower is structurally unsound for use as a tower, for any reason including but not limited to considerations related to the age of the structure, damage to or destruction of all or part of the Tower or the Property from any source,or factors relating to the condition of the Property; or (d) 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 KAComm.Dev\Staff Doc umentsVeanlLicense Agreements\License Agreement-GrtRivEnrgy15050TecbDr.doc 8 • 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 integrity of Grantee's building. 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 $4,594.00 Year 11 $5,864.00 Year 7 4,824.00 Year 12 6,157.00 Year 8 5,065.00 Year 13 6,465.00 Year 9 5,319.00 Year 14 6,788.00 Year 10 5,585.00 Year 15 7,128.00 Third Extended Term Year 16 $7,484.00 Year 17 7,858.00 Year 18 8,251.00 Year 19 8,664.00 Year 20 9,097.00 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 1G_\Comm.Dev\Staff Documents\kanUacense Agreements\L.icense Agreement-GrtRivFnrgy15050TechDr.doc 9 /O 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 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: Great River Energy PO Box 800 Elk River, MN 55330-0800 Attn: Land Rights Services With a copy to: K:\Comm.Dev\Staff Documents\JeanVacense Agreements\l icense Agreement-GrtRivEnrgy15050TechDr.doc 10 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, 10 days prior to the effective date of such change. 28. 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: K:\Comm Dev\.Staff Documents\JeanVacense Agreements\License Agreement'irtRivEnrgy15050TechDr.doc I 1 'a Its: Manager Taxpayer ID#: 41-0855460 TENANT Date: •• .- ��� 2001 By: Its: By: Its: Taxpayer ID#: 17//— 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. K:\Comm-Dev\.Staff DocumentsVean\License Agreements\.icense Agreement-GrtRivEnrgy15050TechDr.doc 12 )3 Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 9 day of G,,,./a G- , 2001 ,by 4e Q-L>-� ,the _et,,rQti �-, a Az,/j?,�Y� M. ota e. - -e.c on behalf of the corporation. J.PATRICK CAIRNS - C '': :171PUBLI:•MINNESOTAD~ ~�`.FII�31 BOOS •"p2G�"ac 'U`�`- - - Public K:\Comm.Dev\Staff DocumcntsUean\License Agreements\License Agreement-GrtRivEnrgy15050TechDr.doc 13 ly 15050 Technology Drive Lot 2, Block 1, Eaton Industrial Addn - Hennepin County, Eden Prairie , Minnesota EXHIBIT A I5 • rpy QUICK LETTER •i. r from Leonard J. Koehnen, PE Leonard J. Koehnen and Associates, Inc. 9348 Jonathan Road JK Woodbury, Minnesota 55125 Telephone: 651/739-1614 COMM INIC:ATION;FN(INFFRINO SERVICES Fax: 651/714/5868 FOR THE NEW MILLENNIUM Internet: lenk911@aol.com Visit our Web Page in 2000 www.10-4radio.com DATE: March 1, 2001 TO: Gary Therkelsen FROM: Len Koehnen CC: • SUBJECT: Great River Energy installation I have studied the addition of Great River Energy(GRE)to your tower.With some antenna juggling we can accommodate their wishes.To add them to your site without interference to your VHF equipment,the following must be done: a. The future Cellular PCS Renters FPCS1 and FPCS2 per Table 230 must be adjusted upward and downward a few feet.When renter FPCS1 is installed they will crowd antenna H.So as part of their agreement,they should relocate antenna H from 130-140 feet to 110-120 feet.Antenna H serves the Hennepin Inter-system and we should be able to lower our range slightly. b. GRE's antenna will be at the 102-124 foot on the C leg of the tower.This leg looks west.They need to clear the red marker lights that should be at the 100-101 foot level.Install antenna per the attached drawing. c. For GRE to co-exist with your VHF systems,they need to add some filtering to both their and your equipment.The calculations and the schematic diagram are on attached pages.GRE must employ 100%shield coaxial cable between their radio antenna connectors and the antenna surge panel. d. GRE needs to employ surge protectors on both their antenna cable and remote control lines per Drawing 801. e. Their battery terminals must be covered per OSHA regulations.If the batteries are sealed lead acid, they should be in a Lexan case with a cover to contain an explosion. Liquid cell batteries(stationary cells)will require a eye wash kit per OSHA regulations. If you have any questions,please call. Sincerely yours: Leonard J. Koehnen,PE Consulting Engineer-Wireless Communications Systems and Facilities Registered Professional Engineer-Minnesota PE 9298 Attachments: File:CAziptemp\gre-letter.wpd • Serving Professional Communications Clients Since 1984 Registered Professional Engineer in 8 States 40 Years Experience Wireless and Electronic Communications Systems and Facilities • 16 EXHIBIT B, part 1 J p O U 0° < 07 0 z LL W Iii c,j0 lONINOO 3101A13N U) >3NO 0111f 3 1I3 O �' 1ON1NOO 43SH31 F— O w } Wo z rZ W �VV31SASSdl 6g$0UMW Ngct� o? W 0 v 0 - 0 °-� - (�) I � fy — g M8a OZ+ 45 N co b® � WU EtWcCZ� 0 0 M84 T66+ (() O � O L.L. cm(�) U. W (a) ui"'csi < w c� O °-°�� 8 QQ �Z �� �J O Z _ aci aa) m� ai FW-WF Oei O z Q ttCLC° dU QQ x U 0 u cdo— W a YY co �jj �� 0) w V2a2�' tij '� m m-� ...� W 0 c cm 8' ct t11VMTOLNO Z E. d 0)>w M8a 9'81.+ 0 cc EL w w u) a z 0) O a J O 0 o mt CV Z 4 cp - W _. Z ,.ccaai Ill u O O to w Q � J c w0a . U e8 rn CV e- 2 a- 3.c'Q a m Q zN ¢ 0 . 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I hi lci TABLE OF CONTENTS STANDARD SPECIFICATION 28 Fixed Station Antenna Systems 28.0 GENERAL Page 28-2 28.1.1 CAUTIONARY NOTE Page 28-2 28.1.2 COPIES OF SPECIFICATIONS ON JOB SITE Page 28-2 28.2 DESIGN REVIEW Page 28-2 28.3 SELECTION OF ANTENNAS Page 28-2 28.3.1 ORDERING OF SPECIFIED ANTENNAS Page 28-2 28.3.2 CONTRACTOR PROPOSING NEW ANTENNA SYSTEMS Page 28-2 Page 28-2 28.3.2.1 ANTENNAS Page 28-2 28.322 RESONATE Page 28-2 28.3.2.3 VSWR Page 28-3 28.3.2.4 WIND SURVIVAL Page 28-3 28.3.2.5 DOWN TILTING Page 28-3 28.3.2.6 RADOMES Page 28-3 28.3.2.7 INVERTING ANTENNAS Page 28-3 28.4 TRANSMISSION LINES Page 28-3 28.4..1 MAXIMUM LOSS Page 28-3 28.4.2 CONNECTORS Page 28-3 28.4.3 CONNECTOR WRAPPING Page 28-3 28.4.4 TESTING OF LINES AND ANTENNAS Page 28-3 28.4.5 LINE ON REELS Page 28-4 28.4.6 ALUMINUM CONDUCTORS Page 28-4 28.5 ANTENNA SYSTEM FILTERS Page 28-4 28.5.1 ACCEPTABLE BRANDS Page 28-4 28,5.2 FILTERING ENGINEERING Page 28-4 28.5.3 ENGINEER'S REVIEW Page 28-4 28.6 INSTALLATION OF NEW ANTENNA SYSTEMS Page 28-4 28.6.1 INSPECTION BEFORE INSTALLATION Page 28-4 28.6.2 SAFETY Page 28-4 28.6.3 TRAINING Page 28-4 28.6.4 PLUMB&LEVEL Page 28-4 28.6.5 DIRECTION Page 28-4 28.6.5.1 USING A COMPASS Page 28-5 28.6.6 ANTENNA PIG-TAILS Page 28-5 28.6.7 NEVER USE SUPER FLEX OUTDOORS! Page 28-5 28.6.8 CONNECTORS Page 28-5 28.6.9 HOISTING GRIPS Page 28-5 28.6.10 TRANSMISSION LINE FASTENING Page 28-5 28.6.11 SURPLUS LINE Page 28-5 28.6.12 TRANSMISSION LINE GROUNDING-TOWERS Page 28-5 28.6.13 TRANSMISSION LINE GROUNDING-BUILDINGS Page 28-6 28.6.14 MOUNTS - Page 28-6 28.6.15 MOUNTING TO TOWERS Page 28-6 28.6.15.1 MOUNTING TO TAPERED TOWERS Page 28-6 28.6.15.2 MOUNTING DISTANCE Page 28-6 28.6.16 MOUNTING TO BUILDINGS Page 28-6 28.6.17 LIGHTNING EVASION Page 28-6 28.6.17.1 ANTENNA PIG-TAIL Page 28-6 28.6.172 TRANSMISSION LINE GROUNDING Page 28-7 28.6.18.1 MAIN TRANSMISSION LINE TO SURGE PROTECTOR Page 28-7 28.6.182 SURGE PROTECTOR TO EQUIPMENT Page 28-7 28.7 MICROWAVE ANTENNAS Page 28-7 28.8 TOWER/MOUNT SURFACE REPAIR Page 28-7 DO 28.9 SURGE PROTECTION Page 28-7 28.10 TEST AND INSPECTION Page 28-7 ATTACHMENTS Page 28-8 ANTENNA&LINE INSTALLERS INSPECTION CHECK LIST Page 28-8 DRAWING 2810:LIGHTNING EVASION TECHNIQUES Page 28-8 DRAWING 2820:TRANSMISSION LINES STANDARD METHODS Page 28-8 ANTENNA&LINE INSTALLERS INSPECTION CHECK LIST Page 28-9 0I • 1 STANDARD SPECIFICATION 28 2 Fixed Station Antenna Systems 3 4 5 6 28.0 GENERAL: This section governs the furnishing and installation of fixed base and repeater station 7 antenna systems. It does not apply to control stations or small secondary stations unless specifically 8 required in the Detailed Specifications,Drawings, or Tables. 9 10 28.1 APPLICABILITY: Certain paragraphs in this section may be conditioned with the phrase,When 11 referenced in the Detailed Specifications, Drawings, or Tables. If this conditioning is present and if 12 the Detailed Specifications refer to this section,the CONTRACTOR must supply the work required. 13 Otherwise the work referenced is not required.Work required in paragraphs without the conditioning 14 statement, must be performed. 15 16 28.1.1 CAUTIONARY NOTE: If you plan to send a segment of the specifications to a supplier or , 17, subcontractor,make sure you send both the Detailed Specifications and the appropriate 18 ,Standard Specifications. Otherwise the supplier or subcontractor may quote erroneously. 19 20 28.1.2 COPIES OF SPECIFICATIONS ON JOB SITE:See Section 3. 21 22 28.2 DESIGN REVIEW: If the CONTRACTOR has been given latitude by the Detailed Specifications, 23 Drawings , or Tables in the selection and installation of antennas,transmission lines, and antenna 24 mounts, the ENGINEER shall review all designs before ordering and installation. 25 26 28.3 SELECTION OF ANTENNAS: Normally the ENGINEER will select the antennas,their patterns, and 27 mounting requirements stated in tabular form within the engineering drawings and tables for a site. • 28 29 28.3.1 ORDERING OF SPECIFIED ANTENNAS: Many warehouse and stocking 30 distributors only carry certain band splits of antennas.The BIDDERS and 31 CONTRACTOR shall take care that the antenna priced or ordered from these 32 warehouses meet the requirements of the specifications.Substitutions after the fact and 33 on the job site will not be permitted.If BIDDERS and the CONTRACTOR are having 34 problems with availability of antennas specified,they should notify the ENGINEER in 35 advance of installation. 36 37 28.3.2 CONTRACTOR PROPOSING NEW ANTENNA SYSTEMS:The Detailed Specifications, 38 Drawings,or Tables may give the CONTRACTOR latitude in selecting antennas for this project. 39 40 28.3.2.1 ANTENNAS: All antennas proposed shall be rated to EIA standards and 41 selected to match local conditions.Antennas shall be Celwave,Sinclair,Andrew,or 42 Decibel Products (except ASP antennas)or approved equal. 43 44 28.3.2.2 RESONATE:Antennas must resonate throughout the transmit and receive 45 frequency range of the equipment using the antenna system. 46 STANDARD SPECIFICATION 28: Fixed Base and Repeater Station Antenna Systems Page 28-2 X • 2 28.3.2.3 VSWR: 1.5 to 1 or better over transmit and receive frequency range. 3 4 28.3.2.4 WIND SURVIVAL: Greater than 100 MPH with 0.5"of ice. 5 6 28.3.2.5 DOWN TILTING: Antennas may be selected for electrical down tilting. 7 Physical down tilting may never be used without prior permission of the ENGINEER. 8 9 28.3.2.6 RADOMES: Antennas that are used for microwave,trunked systems,and bi- 10 directional amplifier(BDA)stations must have the radiating elements within a fiberglass 11 radome so the antenna does not go out of resonance due to a coating of ice. 12 13 28.3.2.7 INVERTING ANTENNAS: Care should be taken in mounting an antenna up 14 side down.Weep holes may become exposed to the elements, ice, and water and ruin or • 15 de-tune the antenna. Check with the manufacturer before inverting any antenna. 16 17 28.4 TRANSMISSION LINES:Normally,the ENGINEER will select transmission lines and list them as a • 1s table with the antennas for that radio site. If the BIDDERS and the CONTRACTOR are permitted to 19 select transmission lines,all transmission lines and jumpers must be Andrew(800-255-1479), 20 Cablewave(800-437-3045) or approved equal.Small cables like RG-213,RG-58, RG-8 may be from [g 21 limes, Belden or equal. 22 23 28.4..1 MAXIMUM LOSS: If the Detailed Specifications, Drawings,or Tables give the 24 privilege of site selection and antenna system design to the CONTRACTOR,the transmission 25 line chosen cannot have more than 2.5 db of loss. 26 27 28.4.2 CONNECTORS: Normally two way system transmission lines have N Female 28 connectors on each end.This permits the standard pig tail supplied with the antenna and coaxial • 29 jumpers within the radio facility to have N Male connectors.Antenna surge protectors normally 30 have Type N Female connectors.See Drawing 2820. 31 32 28.4.3 CONNECTOR WRAPPING:The CONTRACTOR is expected to wrap the connector to 33 provide a barrier to moisture entry.Just wrapping with electrical tape is not sufficient.The 34 CONTRACTOR must use some form of material that covers the connector completely before 35 any tape is applied.This may be Andrew model 241474-xx Cold Shrink(a 3M Product)with no 36 tape required or Andrew 221213 weather proofing kit. The latter consists of butyl rubber 37 protection tape that is molded over the connector and then covered with all weather electrical 38 tape. 39 40 28.4.4 TESTING OF LINES AND ANTENNAS:The CONTRACTOR must test all transmission 41 lines and antennas attached with either a time domain reflectometer or frequency domain 42 reflectometer.Three paper copies of the test result shall be made.One left at the site,one 43 mailed to the Engineer,and one for the CONTRACTOR'S records. 44 • STANDARD SPECIFICATION 28: Fixed Base and Repeater Station Antenna Systems Page 28-3 1 2 28.4.5 LINE ON REELS: It is required that transmission lines totaling over 500 feet per type be 3 ordered in bulk on reels.This allows each line to be custom cut to match site conditions and �s 4 prevents waste to numerous too small to use scraps. 5 6 28.4.6 ALUMINUM CONDUCTORS:Aluminum conductors in coaxial cables are not permitted. LW 7 8 28.5 ANTENNA SYSTEM FILTERS:Normally the ENGINEER will select the radio equipment filtering in 9 the Detailed Specifications, Drawings,or Tables. However,if the Detailed Specifications, Drawings,or 10 Tables give the privilege of site selection and antenna system design to the CONTRACTOR,filters 11 chosen to minimize inter station interference shall not place an insertion loss of more than 3 db in an 12 antenna circuit. Filter system shall be designed to not allow transmitter sideband noise or receiver 13 desense to degrade the 12 db SINAD sensitivity of the receiver. 14 15 28.5.1 ACCEPTABLE BRANDS:Filters shall be Decibel Products,Celwave,Wacom,Sinclair or 16 TXRX or Approved Equal.Transmitter combiners and receiver couplers shall be TXRX or 17 approved equal. Isolators may have to be installed within panels per Sections 15. 18 19 28.5.2 FILTERING ENGINEERING:Selection of filtering must be done by someone trained in 20 communications filtering applications.Typically 65%of all filtering must be done in the 21 transmitter antenna circuit. 22 23 28.5.3 ENGINEER'S REVIEW:Before filter purchases,the ENGINEER shall review all of the 24 CONTRACTORS filter calculations and designs. 25 26 28.6 INSTALLATION OF NEW ANTENNA SYSTEMS:When the Detailed Specifications,Drawings, 27 or Tables require the installation of new antennas, the following shall be followed. 28 29 28.6.1 INSPECTION BEFORE INSTALLATION: As the CONTRACTOR receives antennas,an 30 inspection of each product for damage,improperly built,wrong model,wrong frequency range 31 shall be performed. 32 33 28.6.2 SAFETY:Requirements of SECTION 50 must be followed in advance of any installation. 34 35 28.6.3 TRAINING: Antenna and line installers are expected to be trained and if available from 36 the manufacturer,certified. The ENGINEER has the right to make spot inspections of skills like 37 connector installation and cad-welding, if that work is required in the Detailed Specifications, 38 Drawings,or Tables. See Section 3. 39 40 28.6.4 PLUMB&LEVEL:Each antenna shall be mounted plumb and level to+/-1 degree.The Qr 41 antenna installer must verify this with a carpenter's level before the installation is deemed 42 complete. 43 44 28.6.5 DIRECTION:Where the antenna is to beam in a particular direction,the CONTRACTOR 45 shall use a compass or transit to affix the proper direction to+/-5 degrees. 46 STANDARD SPECIFICATION 28: Fixed Base and Repeater Station Antenna Systems Page 28-4 ay 1 2 28.6.5.1 USING A COMPASS: If a compass is used,the magnetic declination shall be 3 allowed for which is 0-5° East through the heart of the Upper Mid West.As one travels 4 west the error increases. Never assume a road or highway runs due east-west or north- 5 south without first checking it on a map,with a G.P.S.,with a compass,or transit. 6 7 28.6.6 ANTENNA PIG-TAILS: The CONTRACTOR shall use the manufacturer's standard pig 8 tail offering which is usually RG-8. In the event no pig tail is supplied,the CONTRACTOR shall 9 do the following: 10 11 a. Connect the transmission line directly to the antenna.Strain relief must be put 12 into the transmission line to minimize strain on the antenna's connector. 13 b. If the operating frequency is less than 800 MHZ,construct a RG8-50 jumper 14 cable with the proper gender connectors. 15 c. If the operating frequency is 800 MHZ or greater, use a section of LDF4-50 CA" 16 LDF Heliax)or LDF2-50 (3/8" LDF Heliax) with the proper gender connectors. 17 18 28.6.7 NEVER USE SUPER FLEX OUTDOORS! Super flexible Heliax or LDF coaxial 19 transmission line has breaks in the corrugated outer conductor and thus is not water proof if the 20 jacket becomes,weathered, nicked or cut. 21 22 28.6.8 CONNECTORS: Connectors shall be brass.When multiple signals are on a transmission 23 line, a gold center pin shall be used. The connector brand must match that of the transmission 24 line. No after market connectors! No nickel plated over iron or aluminum connectors. 25 26 28.6.9 HOISTING GRIPS: Hoisting grips shall be used at 200 foot intervals.The grips shall be 27 left on the line and fastened to the tower. Hoisting grips shall be Andrew or equal. 28 29 28.6.10 TRANSMISSION LINE FASTENING: Transmission lines shall be fastened with snap-in 30 hangers,Andrew or equal, if the tower is so equipped.UV light protected black nylon tie wraps, 31 Andrew 40417 or equal, on%z'lines or less. For lines over%"on towers without snap-in 32 mounting system Andrew standard hangers shall be used. WRAP LOCK OR TWISTED 33 SECTIONS OF ELECTRICAL WIRE(BARE OR INSULATED)SHALL NEVER BE USED. 34 35 28.6.11 SURPLUS LINE: No surplus line shall be left on the tower except in the following 36 circumstances. Future changes necessitate so and are stated in the Detailed Specifications, 37 Drawings,or Tables or the antenna system has a phasing harness which cannot be trimmed. 38 39 28.6.12 TRANSMISSION LINE GROUNDING-TOWERS: The transmission line shall be 40 grounded to the tower member at the top of the run within 12"from the top connector and at 41 every 200 foot intervals down to the Earth.Also at the point of last vertical fall before the line 42 enters the radio building.The ground lead shall always be directed straight down and directly 43 below the ground connection and fastened securely to the tower member with an additional nut 44 and bolt or directly to the tower with a stainless steel hose clamp. Andrew 204989 series or 45 equal. See Drawing 2810. 46 STANDARD SPECIFICATION 28: Fixed Base and Repeater Station Antenna Systems Page 28-5 • 2 28.6.13 TRANSMISSION LINE GROUNDING-BUILDINGS:The transmission line shall be 3 grounded to the mount within 12"of the top connector.The mount shall be grounded to the 4 structure if not already done so.At the equipment end the line and equipment shall be grounded 5 to the structure. See Drawing 2810. 6 7 28.6.14 MOUNTS:All antenna mounts shall be galvanized steel and designed to exceed the 8 wind survival rating of the antenna.All mounting bolts shall be torqued by the installer to the 9 manufacturer's specifications and to prevent the shifting of the antenna during a wind storm. All 10 hardware supplied shall be used-especially lock washers.Field constructed mounts shall consist 11 of 100%rust resistant materials. 12 13 28.6.15 MOUNTING TO TOWERS: Antennas shall be top mounted or on appropriate side 14 mounting brackets designed for the antenna and tower.See the Detailed Specifications, 15 Drawings,or Tables for exact requirements. 16 17 28.6.15.1 MOUNTING TO TAPERED TOWERS: All antenna side mounts to tapered 18 towers(i.e.self supporting towers)must be selected or constructed to allow the antenna 19 to meet the plumb and level requirements.This may mean the modification of a 20 standard mount! 21 22 28.6.15.2 MOUNTING DISTANCE: Mounting distance directly affects the radiation 23 pattern of the antenna. Antennas should be mounted according to the Detailed 24 Specifications,Drawings,or Tables or if permitted by the specifications by the 25 CONTRACTOR's engineering staff.The mounting distance specified is critical to the 26 desired antenna performance and shall be accurately measured with a tape measure 27 before the installation is deemed complete. 28 29 28.6.16 MOUNTING TO BUILDINGS: If required by the Detailed Specifications, Drawings, or 30 Tables,antenna shall be mounted to buildings using mounts that exceed the wind rating of the 31 antenna.Antenna mounting methods shall be coordinated with the building owner and the 32 ENGINEER before installation proceeds. 33 34 28.6.17 LIGHTNING EVASION:Through the use of high impedance loops and turns in the 35 transmission lines,lightning can be directed into the structure.See Drawing 2810 for further 36 information. 37 38 28.6.17.1 ANTENNA PIG TAIL: Antennas that have a RG-8 or equal pig-tail shall have 39 that pig-tail formed into a loop or a hook to create a high impedance lightning'choke. 40 This creates a low impedance path through the antenna mount to the structure.UV rated 41 tie raps shall be used to form the loop or hook.The bend shall be within the bending 42 radius of the cable.Super Flex shall never be used as an antenna pig-tail cable.See 43 Drawing 2810. 44 STANDARD SPECIFICATION 28: Fixed Base and Repeater Station Antenna Systems Page 28-6 1 2 28.6.17.2 TRANSMISSION LINE GROUNDING: The transmission line shield shall be 3 grounded to the antenna structure at the top and bottom of the cable and every 200 feet 4 in between.The line stall be grounded using an Andrew ground kit with the ground lead 5 always running down and connecting to the structure directly below the ground point.At 6 the bottom of the structure,the line shall again be grounded at the point of last vertical 7 fall of the transmission line. See Drawing 2810. 8 9 28.6.18 IN-BUILDING COAXIAL JUMPERS:Jumpers from the main transmission line to the 10 11 28.6.18.1 MAIN TRANSMISSION LINE TO SURGE PROTECTOR:Coaxial jumpers 12 from the main transmission line to the Polyphaser surge protector must be 100% 13 shielded LDF or Superfiex. 14 15 28.6.18.2 SURGE PROTECTOR TO EQUIPMENT: From the Polyphaser to the 16 equipment the jumper must be 95%shielded or better.Where cavity filters or duplexers 17 are used in the antenna system, jumpers shall be 100%shielded in all antennas systems 18 within the same band.RG8 or RG58 are 65%shielded at best. RG9 is shielded only to 19 95%. 20 21 Example:There are 3 VHF and a single UHF antenna systems on a tower with 22 one VHF system having a filter system. 28.6.18.2 requires the other two VHF 23 antenna systems to also be 100%shielded so as not to compromise the filtering 24 system but the UHF system may use 95%jumpers. 25 26 28.7 MICROWAVE ANTENNAS:When the Detailed Specifications,Drawings,or Tables require the 27 furnishing and installation of microwave antennas,the BIDDERS shall include within their bid a return 28 trip to perform microwave antenna azimuth and elevation sweeps when the microwave equipment has 29 been installed. 30 31 28.8 TOWER/MOUNT SURFACE REPAIR: If the CONTRACTOR scratches the galvanizing coat during 32 installation it is suitable to repair the damage with Rust-oleum#7585 Cold Galvanizing Compound or 33 equal. If the paint is scratched on a painted tower,the scratch must be touched up with the appropriate 34 paint color. 35 36 28.9 SURGE PROTECTION:All antenna lines must include a surge protector, Polyphaser or equal 37 whether specifically specified or not.See Section 43. 38 39 28.10 TEST AND INSPECTION:Before the CONTRACTOR calls for inspection,the inspection form 40 must be completed.The inspection form shall be photo copied and faxed to the ENGINEER and a copy 41 left within the radio shelter.Do not call for inspection unless the CONTRACTOR's supervision is sure the 42 job is complete and meets all specifications. 43 44 28.11 LABELING: Label per 63.3.3. 45 STANDARD SPECIFICATION 28: Fixed Base and Repeater Station Antenna Systems Page 28-7 a�- • 2 ATTACHMENTS: 3 ANTENNA&LINE INSTALLERS INSPECTION CHECK LIST 4 DRAWING 2810: LIGHTNING EVASION TECHNIQUES s DRAWING 2820:TRANSMISSION LINES STANDARD METHODS. 6 9 Leonard J.Koehnen, PE Consulting Engineer 10 File:C:\Projectl\STANDARD\fxant28-g.wpd �a Revision G.October 16,2000 • • STANDARD SPECIFICATION 28: Fixed Base and Repeater Station Antenna Systems Page 28-8 d U ANTENNA & LINE INSTALLERS INSPECTION CHECK LIST The CONTRACTOR shall make one copy of this form for each antenna and transmission line site installation. If more than 8 antenna systems at a site make and mark up additional copies with the correct antenna system letter per the antenna table in the drawings.The sheet shall be filled out prior to final [` acceptance inspection by the ENGINEER. Keep this sheet at the radio site and put it in the site note book. SITE: ANTENNA SYSTEM SPECIFICATION I PARAGRAPH A B C DIE F I G H Connectors are properly wrapped 28.4.3 Each line has been tested by TDR or VSWR.Attach readings to this 28.4.4 sheet All antenna supplied as specified make&model# 28.6.1 All antennas installed plumb and level 28.6.4 All directional antennas within±5 degrees of desired direction 28.6.5 Antenna pig-tails formed in hook or loop per Drawing 2810 Drawing 2810 Antenna line has hoisting grip(s). 28.6.9 Antenna line is grounded to tower Drawing 2810& 28.6.12&28.6.13 Antenna side mounted to proper distance and direction from tower. 28.6.15.2 Antenna line marked with proper antenna letter in building Each antenna line routed through a surge protector. 28.9 Antenna line entrance within building sealed Transmission lines fastened properly 28.6.10 • Each worker has reviewed section 28 and drawings before work 1.34 commenced Safety requirements have been followed Section 50 Antenna installation supervisor . 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' :4 E),CH.,.,,gaziaii,IBIT B, part 3 o CO cr c'"i� (v E O 0 �O . _ W— d a f w d CC < s 3 w K z w <g C' UoNza _ w Iz �? eegEEsta� �e€�E$sta� A , E w a 5 E g g ^4R _ .rn^oRI o w Q u C ffle CC aa � � � 2 3� y hi z —J Q w w W W J li U 0 O y W a Illa addv en NOISIA3N . 31va ..°i z _ y y ai 1-1 w _ A biz o- b ^2g 024 0 w a: An q Y- r $ rim I ,�r:::: , , a ? t gii g raaaaa ,8e. s 6 c2zcc Y 6 zoRg 0 0 0 O 00 00 Onn OM? 0 o 0 �� a w ' 64 _ ; 10i,grD ~t$yy. 1Q� a 0--0--0 EXHIBIT B, part 4 34--I CD o > U- Cr) L as 0 co) aa) 1-- 0_ ca E W W cO W CO c (Z!) Z v as 0 0 0 a- —I o O O CO(!) MS D °- a 0 _ G ca 0 __I- - W U CK LU V oC ce • CC• CCfc I- co M N N <W 1 1 11 W • r in CeZin 'v it" m m >m W N m N N d rn rn C C a m N C oA• (A Y 5y 0 Z O O 0 o 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 oo 00 00 oo 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 0 ›,, E cn a`) Q M LL o 0 0 0 2 � � Y a� 0 L m HLE. IL 0 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 0 O O O to o In o N to I to V V N t7 .-- EXHIBIT B, part 5 35 CITY COUNCIL AGENDA DATE: SECTION: Consent August 7,2001 SERVICE AREA: ITEM DESCRIPTION: ITEM NO. Community Development& Singletree Lane Site Purchase Agreement— Financial Services: North American Properties Don Uram David Lindahl Requested Action: Move to: Authorize execution of a purchase agreement and other documents with North American Properties for the sale of a City owned parcel legally described Lot 2 Block 1 Eden Prairie Marketcenter 2nd Addition(Singletree Site). Synopsis: The City Council authorized staff to enter into a purchase agreement with NAP at the June 5, 2001 Council meeting for the sale of the Singletree Lane site for$2,600,000. NAP has provided a$125,000 earnest money deposit,which becomes non-refundable August 11, 2001. The closing is scheduled for December 11, 2001. NAP is working on a mixed-use plan to include two restaurants and about 200 rental housing units. Attachments: CITY COUNCIL AGENDA DATE: August 7,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Services Columbine Road Extension—Army Corps of Alan D. Gray Engineer's Permit V I l , , Eugene A.Dietz Requested Action Move to: Approve Army Corps of Engineer's Permit for wetland fill associated with the extension of Columbine Road to Prairie Center Drive. Synopsis The Corps of Engineers (COE) has issued an invalidated individual permit to the City for wetland fill or excavation associated with the extension of Columbine Road north to Prairie Center Drive. The permit will authorize 1.26 acres of wetland fill and excavation and requires 1.9 acres of wetland mitigation at the Glenshire Mitigation Site in the northeast quadrant of Valley View Road and Edenvale Boulevard. The permit will be fully validated after approval by Council and signature by the Mayor. Background Information . Columbine Road is designated as a major collector between Anderson Lakes Parkway and Prairie Center Drive. When completed it will function as a detached frontage road to TH 212 allowing local traffic and pedestrians an alternative route between Anderson Lakes Parkway and Prairie Center Drive. It will reduce the number of short trips on TH 212 and the number of turning movements at the intersections of TH 212 with Anderson Lakes Parkway and Prairie Center Drive. A segment of the trail along the new segment of Columbine Road will form a portion of the PCRA trail system and provide for a pedestrian friendly connection between Anderson Lakes Parkway and the MCA. Attachments Corps of Engineer's Permit 2001-01992-JJY • • • WI DEPARTMENT OF THE ARMY PERMIT Permittee: City of Eden Prairie Permit No. : 2001-01992-JJY St. Paul District Issuing Office: U.S. Army Corps of Engineers NOTE: The term "you" and its derivatives, as used in this permit, • means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: You are authorized to place a total of approximately 2 .2 acres of dredged and fill material in wetlands adjacent to Purgatory Creek. The proposed project includes construction of 1, 962 linear feet of roadway to extend Columbine Road and repair/expansion of a former water quality treatment pond. This project includes the discharge of 1.26 acres of wetland fill material for the road reconstruction, 0 .34 acre of wetland dredging/grading for a new storm water pond, and 0 . 6 acre of wetland fill and graded/dredged material for reconstruction of a failed storm water pond. The project also includes construction of at least 1. 9 acres of wetland as compensatory mitigation at the nearby Glenshire Hills site (1 .26 acres for the road fill, 0 .34 acre for the new pond, and 0.3 acre for the pond reconstruction) . This work will be done as shown on the attached drawings labeled 2001-01992-JJY, 1 of 6 through 6 of 6 . -- Project Location: The project site is in the NE 1/4 Sec. 14, T. 116 N. , R. 22 W. , City of Eden Prairie, Hennepin County, Minnesota. The mitigation site is in the NE 1/4 Sec. 9, T. 116 N. , R. 22 W. , City of Eden Prairie, Hennepin County, Minnesota. • - Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on December 31, 2006. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the date is reached. 2 . You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit . You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3 . If you discover any previously unknown historic or archaeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4 . If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5 . If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit . pecial Conditions: 1. Total wetland encroachments, including all fill, grading, excavation, clearing, and grubbing, authorized by this permit are limited to the 2 .2 acres shown on the enclosed plans . It is your responsibility to obtain final approvals for the 1.3 acres of fill placed by a former owner and for the mitigation associated with this fill from the U.S. Environmental Protection Agency (as specified in the Consent Agreement and Final Order, dated August 19, 1997, Docket No. CWA-A-O-001-95) . 2 . The required compensatory mitigation for the 2 .2 acres of permitted wetland impacts (including 1.6 acres of new fill and grading and 0 . 6 acre of regrading in the wetland) is 1. 9 acres, to be provided at the identified mitigation site (as shown on the enclosed plans) . This total includes 1 .26 acres of mitigation for the loss of wetland associated with the fill, 0 .34 acre of mitigation for the new wetland excavation/grading, and 0 .3 acre of mitigation for the 0 . 6 acre of wetland excavation/grading/fill associated with the storm water pond reconstruction. Unless the 3 Corps of Engineers approves another schedule, you shall submit a final mitigation plan (including final planting plans) to this office for review and approval within 1 year of the date of this letter. The mitigation area shall be designed as a wet meadow/marsh (Type 2/3/4) wetland similar to the adversely affected area. Unless the Corps of Engineers approves another schedule, you shall provide this office with confirmation of the completion of the mitigation within 2 years of the date of this permit. 3 . No new outfalls for untreated storm water from this project may be placed in natural wetlands, mitigation areas, or other waters of the United States without a specific modification of this permit by the Corps of Engineers.. Collected runoff from any new outfalls from this project shall be directed into storm water treatment ponds before being discharged into any water of the United States. 4 . Wherever native organic soil is absent from the excavation in any new mitigation area, you shall line the excavated area with clean soil that is free of purple loosestrife seeds. The majority of this material shall be clean black soil, unless another proposal is approved by the Corps of Engineers . 5. To prevent the spread of purple loosestrife (Lythrum salicaria) on the disturbed areas, you shall use equipment that is free of contamination from loosestrife seeds or plants. You shall also monitor the disturbed areas for purple loosestrife infestation for 5 years following completion of construction. You shall remove any purple loosestrife that appears in these areas disturbed areas by hand or by spot spraying with a State- approved wetland-use herbicide, before the loosestrife goes to seed. If any State-approved biological controls (loosestrife- eating insects) are available, this method may be used for long- term control . If the Corps of Engineers determines that additional control is necessary at the end of the initial 5-year period, you may be required to continue this monitoring and removal for another 5 years. Effective control in the first growing season may reduce the need for later work. 6. To prevent the spread of purple loosestrife to other sites, you shall also ensure that equipment used in the grading shall be free of loosestrife before being used and that it shall be cleaned before being moved to another work site. Wash water shall not be discharged into any wetland or water. 7. You shall place all excess material remaining after project construction and any future maintenance excavation of storm water ponds on upland, except for material moved on site in accordance with authorized grading and fill . You shall notify the Corps of Engineers of the location of any off-site placement areas for the excess material before these areas are used. A U 8 . No other post-project construction dredging, excavation, grading, fill, or vegetation removal (except for removal of nuisance species such as purple loosestrife and buckthorn) in the remaining wetlands and compensatory mitigation areas shall be performed without specific written approval from the Corps of Engineers. Additional plantings of trees and shrubs may be made without any approvals from the Corps of Engineers. 9 . You shall submit annual mitigation monitoring reports to the Corps of Engineers for at least 5 years after construction of the ponds is complete. At a minimum, these reports shall contain the information required by the State Wetland Conservation Act . 10 . If you plan to obtain fill material from a site other than an existing, licensed commercial facility, you shall notify this office at least 5 working days before using the borrow site. This office may require a cultural resources review, survey, and additional work if you identify a site that may contain archaeological, historical, or other cultural resources . 11 . Refer to Standard Conditions attachment. Further Information: 1. Congressional Authorities. You have been authorized to undertake the activity described above pursuant to: (--i Section 10 of the Rivers and Harbors Act of 1899 (33 U.S .C. 403) . (X) Section 404 of the Clean Water Act (33 U.S .C. 1344) . (- )- Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413) . 2 . Limits of this authorization. • a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others . d. This permit does not authorize interference with any existing or proposed Federal project. 3 . Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: T 5 a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from • natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest . c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data. The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above) . c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325 . 7 or enforcement procedures such as those contained in 33 CFR 326 .4 and 326 . 5 . The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209 .170) accomplish the corrective measures by contract or otherwise and bill you for the cost . 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of 6 the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. (PERMITTEE) (DATE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. (DISTRICT ENGINEER) (DATE) Kenneth S. Kasprisin Colonel, Corps of Engineers District Engineer When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) In addition to general and special conditions, this permit is subject to the following standard conditions, as applicable: 1. All work or discharges to a watercourse resulting from permitted construction activities, particularly hydraulic dredging, must meet applicable Federal, State, and local water quality and effluent standards on a continuing basis. 2. Measures must be adopted to prevent potential pollutants from entering the watercourse. Construction materials and debris, including fuels, oil, and other liquid substances, will not be stored in the construction area in a manner that would allow them to enter the watercourse as a result of spillage, natural runoff, or flooding. 3. If dredged or excavated material is placed on an upland disposal sight (above the ordinary high-water mark), the site must be securely diked or contained by some other acceptable method that prevents the return of potentially polluting materials to the watercourse by surface runoff or by leaching. The containment area, whether bulkhead or upland disposal sight, must be fully completed prior to the placement of any dredged material. • 4. Upon completion or earthwork operations, all exposed slopes, fills, and disturbed areas must be given sufficient protection by appropriate means such as landscaping, or planting and maintaining vegetative cover, to prevent subsequent erosion. 5. All fill (including riprap), if authorized under this permit, must consist of suitable material free from toxic pollutants in other then trace quantities. In addition, rock or fill material used for activities dependent upon this permit and obtained by excavation must either be obtained from existing quarries or, if a new borrow site is opened up to obtain fill material, the State Historic Preservation Officer (SHPO) must be notified prior to the use of the new site. Evidence of this consultation with the SHPO will be forwarded to the St. Paul District Office. 6. If cultural, archaeological, or historical resources are unearthed during activities authorized by this permit, work must be stopped immediately and the State Historic Preservation Officer must be contacted for further instruction. 7. An investigation must be made to identify water intakes or other activities that may be affected by suspended solids and turbidity increases caused by work in the watercourse. Sufficient notice must be given to the owners of property where the activities would take place to allow them to prepare for any changes in water quality. 8. A contingency plan must be formulated that would be effective in the event of a spill. This requirement is particularly applicable in operations involving the handling of petroleum products. If a spill of any potential pollutant should occur, it is the responsibility of the permittee to remove such material, to minimise any contamination resulting from this spill, and to immediately notify the State Department of Natural Resources and the U.S. Coast Guard at telephone number (800) 424-8802— — „1/4,..... ..... 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Legal Description:NE 1/4,Section 14 T116 N R22 1111' W,Hennepin County,MN Major Watershed: Minnesota River Minor Watershed:Riley/Purgatory/Bluff Creek 11111 Proposed Columbine Road Extension INN A ....„ Columbine Road Site Eden Prairie,Minnesota -...; .--............- •.:„....,•••• A ._.is_.--,..:••••.,.... .._--.--•:; OR -==„--....-._• ..-..- North No Scale FIGURE 2 W-121 P i: Y.1 . r S • i/ , r PETERSON ENVIRONMENTAL CONSULTING, INC. PEC Project No.2000-062 /6 CC f T F ro • -Un ` j` ;nI 7 a on L 'Ca r aIii8L i _ 1� sBZEZ O cct l= g cc aCC V t1) x2 'ii*' -I 0 cc a 0 ems 0 'a. • a c` W zt I i U II i o w • 0 a M o • 1 z o. n( cr- 1 / / \ \ / N. \\\\ ~ / /4,/ bye\ °40) 1 \`�\\ 4 [...---s's----1-------. \ \ \ / \ \‘` v"• / 1I I ' \\ // 0i• /IJ.. 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O • e�": ,'¢ter,S'-tr---s.1• ;�;i �y �j• t .r,, :, ',,f� O ,,,,,,,,,,.:,4 ,......,"is ".1-.5 . '. -.--t-, W rN; .-• ?,' T •t ,,IV M i 1= ;•�; �y�, ?�+• �•r :J.3�•�' 97i � .r.4 3 �.��-:Yh r .;'' ,[.�•i 1 ■� CO Q tY l`''c IA 7J;: . .'?'t 4.. 4. i 6-frt. It it i =• 1 . 73 _ 4\. _ - .z 2 ..,t * I' 1 F'.-' I to • • ° •"ea• '•:-:(ezte %:-.•:!•?t-,...-,;:-:.:•. :‘...?•,1r.-4../ ;:ii • h r&; `J ly °Ll CD C13 si qua 3 > I z M N N 03 ma a m \ s F F- cn > Z 0 t� f ex Cmmm za Nab o a o o a a � U y cII � �+A a fa d NN A Z o (n W W Ig a3 Z 0. . W W W m W C mmm x W*a $ C o W F W n Cr) 0) Z O CC = G 13 C O E' : z OE r g i al n W r o O o = a s ~ 3 m 3 t0 ig gg� � i 0�=o 0 �• awa oe m 0 W 0 w ix fr _ -3 < m ZDMO.. < 0 '" . oc a (I) ►- o z a a cn cn ♦ s'°_a VI • • O . 8 : 5 'a — : i2a nil u� „lU . fili • Minnesota Pollution Control Agency April 20, 2001 Mr.Robert J. Whiting Regulatory Branch, St.Paul District - U.S.Army Corps of Engineers • ; ; • 190FifthStreetEast • - 4.23 •b i. St. Paul,Minnesota 55101-1638 RE: CENCS-CO-R 01-01992-JJY City of Eden Prairie-Columbine Road Extension Hennepin County " `: " 401 Certification ' ` Dear Mr. Whiting: This letter is submitted by the Minnesota Pollution Control Agency(MPCA) under authority of Section 401 of the Clean Water Act (33 USC 1251 et seq.) and Minn. Stat. chs. 115 and 116. The MPCA has examined the application and other information furnished by the applicant and bases its certification decision upon an evaluation of this information and such other information that is relevant to water quality considerations. The referenced project involves a proposal to construct 1,962 feet of Columbine Road extension and repair and expansion of an existing storm water treatment pond. The project is located in NE 1/4 Section 14,T 116 N, R 22 W, city of Eden Prairie,Hennepin County, Minnesota. The project will fill and grade 2.20 acres of wetland. Compensatory wetland mitigation will include creation of 3.61 acres of wetland off site for this permitted activity. This wetland mitigation includes an additional 1.30 acres of wetland creation to compensate for a separate Environmental Protection Agency enforcement action settlement. The MPCA certifies the referenced project because there is reasonable assurance that the activity will be conducted in a manner that will not violate applicable water quality standards provided the following conditions are complied with: 1. Replacement of lost wetland functions and designated uses for unavoidable wetland impacts is necessary to satisfy water quality standards in Minn.R.7050.0186 subp. 6. The proposed wetland compensatory replacement plan provided will satisfy that requirement. 1,5 520 Lafayette Rd. N.; St.Paul. MN 55155-4194; (651) 296-6300 (Voice); (651)282-5332(TTY) St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar.www.pca.state.mn_us Mr.Robert J.Whiting Page 2 • • 2. Best Management Practices (BMPs) as listed in the MPCA document Protecting Water Quality in Urban Areas-Best Management Practices for Minnesota to control erosion during construction must be incorporated into all projects. Projects that will disturb five(5) or more acres of land are required to apply to the MPCA for coverage under a General National Pollutant Discharge Elimination System Permit(NPDES) for construction activity specifically requiring BMPs to control erosion during construction and a storm water management plan io manage pollutants in storm water runoff from the site that will occur after construction is complete. The NPDES permit requires that these BMPs be prepared for the project and incorporated into the plans and specifications prior to the start of construction. The MPCA acknowledges that in some instances the movement of soils within a water column may result in some turbidity,discoloration or suspended solids. Based on the information available on this project,such effects, if any, would probably be localized to the area of soil movement,temporary in nature and of insignificant impact. In any case, the project proposer is required to take the appropriate actions to maintain compliance with applicable.water quality standards. This certification includes and incorporates by reference the general conditions of Minn. R. 7001.0150, subp. 3. This action does not exempt the applicant from the responsibility of complying with all applicable local,state and federal requirements,nor does it grant any right to violate personal or property rights. • Mr.Robert J.Whiting Page 3 If you have any questions on this,please call Lawrence S. Zdon at(651)297-8219. Sincerely, Leo Raudys,Manager i1 • Community Area-Wide Proirams Section Metro District LR:km cc: Alan Gray, City of Eden Prairie, 8080 Mitchell Road, Eden Prairie,MN 55344 Ronald Peterson,Peterson Environmental Consulting, Inc. Kevin M. Pierard,U.S. Environmental Protection Agency, Chicago Russ Peterson,Field Supervisor,U.S. Fish and Wildlife Service Kent Lokkesmoe,Director,DNR Waters Steve Colvin,Ecological Services, Environmental Review,MDNR • 1�- CITY COUNCIL AGENDA DATE: August 7,2001 SECTION: Consent Calendar SERVICE AREA: ITEM DESCRIPTION: ITEM NO.: Office of the City Manager Approve Amended Joint and Cooperative Agreement for Southwest Suburban Cable -a ,Q Commission Requested Action Move to: Approve Amended Joint and Cooperative Agreement with Southwest Suburban Cable Commission. Synopsis In a May 8, 2001, letter Brian Grogan requested that member cities place the attached amended joint powers agreement on the Council Agenda for review and approval. City Attorney Ric Rosow reviewed the agreement requested several minor revisions,which have been incorporated into the agreement. Background Attachment Agreement AMENDED JOINT AND COOPERATIVE AGREEMENT SOUTHWEST SUBURBAN CABLE COMIVIISSION ARTICLE I. PREAMBLE The parties to this Agreement are governmental units of the State of Minnesota. This Agreement supersedes any prior Agreement between the parties covering the establishment of a Cable Communications Commission and is made pursuant to Minnesota Statutes §238.08 and §471.59, as amended. ARTICLE II.GENERAL PURPOSE The general purpose of the Agreement is to establish an organization to analyze the operation and Systems of the Member Cities;to coordinate administration and enforcement of the respective Franchises of the Member Cities; to report and recommend to the Member Cities relative to the operation of their respective Systems and the activities of their respective Grantees; and to perform such other duties as are required of the organization hereby created pursuant to this Agreement. ARTICLE III. NAME The name of the organization hereby created is Southwest Suburban Cable Commission. ARTICLE IV. DEFINITION OF TERMS Section 1. Definitions. For the purpose of this Agreement, the terms defined in this Article shall have the meanings given them by this Article. Section 2. "Board" or"Board of Directors"means the governing body of the Commission. Section 3. "Commission"means the organization created pursuant to this Agreement. Section 4. "Council"means the governing body of a Member City. 395205/1 Section 5. "Directors"means the persons appointed pursuant to this Agreement to serve as Directors, and includes alternate Directors when serving as Directors. Section 6. "Franchise"means any Cable Television Franchise granted by a Member City to this Agreement. Section 7. "Grantee"means any person to whom a Member City has granted a Franchise. Section 8. "Managers' Committee"means the committee consisting of the Director of each Member City who is the city manager, or his or her alternate. Section 9. "Member City"means a municipality which has entered into this Agreement and is in good standing. Section 10. "System"means any cable communications system operated within each Member City pursuant to a Member City's Franchise. ARTICLE V. MEMBER CITIES The Member Cities to this Agreement are Eden Prairie,Edina,Hopkins,Minnetonka and Richfield. Any other municipality served by a System through the same Grantee as the Member Cities to this Agreement may become a Member City upon approval by all of the then Member Cities. Eligible municipalities may become a Member City effective January 1 of any year thereafter,upon approval by a two-thirds (2/3)vote of the total Directors and upon payment of the initial contribution set out in Article XI, Section 2 hereof, and contributions for the year it becomes a Member City. ARTICLE VI. EFFECTIVE DATE Section 1. Execution of Agreement. A municipality shall enter into this Agreement by duly executing a copy of this Agreement and by action of its Council authorizing execution of 395205/1 5 a copy of this Agreement by its authorized officers. Whereupon,the clerk or other appropriate officer of that municipality shall file a duly executed copy of this Agreement with the Commission. Section 2. Effective Date. This Agreement is effective on the date executed by all of the Member Cities. ARTICLE VII. POWERS AND DUTIES OF THE COMMISSION AND PARTIES Section 1. General Authority. The Commission is established for the purposes of coordinating administration and enforcement of the individual Franchises of the Member Cities and providing uniformity in that administration and enforcement to insure that the System of the Grantee is constructed, operated, maintained and upgraded in a manner that will, to the extent possible,be to the maximum benefit of each Member City. To accomplish this purpose,the following divisions are made of authority and responsibilities among the Member Cities and the Commission. Section 2. Member City Powers and Duties. The Commission shall have only such powers and duties as are specifically granted in this Agreement or necessarily implied from those specifically granted. All powers and duties not so granted or necessarily implied are reserved to the Member Cities. Specifically, the Commission shall have no powers and duties in the following areas and the Member Cities retain sole authority in the following areas: A. General Powers. Each Member City retains authority to amend and renew its Franchise,initiate and defend lawsuits, and prosecute violations of its Franchise. B. Permits and Licenses. Each Member City retains authority to issue all required permits and licenses for the construction and operation of the System. 395205/1 Section 3. Powers and Duties of the Commission. Subject to the provisions of Section 2,the following powers and duties are delegated by the Member Cities to the Commission. A. Policy Decisions and Recommendations. The Commission shall make policy decisions and recommendations to Member Cities on the following: 1) Enforcement of Laws. Enforcement of laws,regulations and ordinances,related to cable communications, against Grantee and others. 2) Insurance Policies and Letters of Credit. The content and adequacy of insurance policies and letters of credit. 3) Marketing Practices. Review and report to the Member Cities on any marketing practices or subscription contracts which may be contrary to any of the Franchises, or which are not uniform in each Member City. 4) Granting of Franchises. The grant of new franchises by Member Cities. B. Complaints Relating to Grantee Actions. Receive, collect,tabulate and attempt to resolve by negotiation with Grantee all customer complaints and report to the affected Member City all unresolved complaints. C. Institutional Network. Monitor development of the institutional networks in each Member City and work with Grantee to promote prompt completion of the institutional network in each Member City. D. Cable Programming, Content, Scope, Alterations in Programming Services. Deal with all matters relating to programming on its own initiation or upon request of a Member City. 395205/1 �y E. Access and Local Origination. Encourage and promote the use and development of access channels and programming and local origination programming, work with Grantee to coordinate such development and programming in each Member City, including the development of rules,training of persons and the use and maintenance of equipment. F. Performance Evaluation. Cause technical evaluations of the System whenever the Commission,in its sole discretion,concludes that such evaluations are required or desirable,including the periodic review and evaluation specified in the Member Cities' Franchises. G. Grantee Rules. Help to develop Grantee's rules regarding development and supervision of the System including,but not limited to,public access, local origination and line extensions. H. Technology and State of Art Review. Review changes and developments in the cable communications industry and facilitate the upgrading of the System. I. Statutory and Regulatory Changes. Advise the Member Cities of any required or recommended Franchise amendments. J. Interconnection with Other Systems. Monitor the planning and development of the regional interconnection of the System with other cable television systems and supervise the implementation of interconnection to the extent not requiring Franchise amendment. K. Lobbying of Commission Policy at Other Governmental Levels. Present its policies to other governmental bodies involved in the regulation or operation of cable communications. 395205/1 1 L. Mediation of Member Cities/Grantee Disputes. Mediate disputes arising between a Member City and the Grantee when and if submitted to the Commission for resolution upon the mutual agreement of that Member City, the Grantee and the Commission. M. Franchise Fees; Grantee Audits. Coordinate payment of franchise fees to the Member Cities; examine books and records of Grantee and conduct any audits it deems appropriate and as may be required by the Franchises. N. Gifts. In appropriate circumstances, accept gifts, apply for and use grants, enter into agreements required in connection therewith, and hold,use and dispose of money or property received as a gift or grant in accordance with the terms thereof. O. Annual Report. Prepare an annual report to the Member Cities describing and summarizing its functions and activities for the preceding year. P. Coordination and Defense of Civil Lawsuits. Provide assistance and coordination regarding the defense of any lawsuit pertaining to cable communications, or the enforcement of Franchises. Any such requested assistance or coordination shall be paid for by the Member City or Member Cities requesting its defense of lawsuits in which the Commission is named as a defendant and shall be handled in a manner decided by the Commission. Q. Rates and Charges. To the extent permitted under the law, maintain records of rates and charges and evaluate changes requested by Grantee; advise and recommend to the Member Cities as to all requested rate or charge changes; obtain from Grantee and from any other source, such information relating to rates, costs and service 395205/1 levels as any Member City is entitled to obtain from Grantee or others; and conduct hearings as the Commission deems appropriate. R. Contracts. Make such contracts and enter into such agreements as it deems necessary to make effective any power granted to it or perform any duties imposed upon it by this Agreement or delegated to it by a Member City. The Commission may contract with any of the Member Cities or others to provide to it space, services or materials. S. Consultants and Legal Counsel. Contract with such persons as it deems necessary to accomplish its powers and duties. T. Procedures Relating to the Governance of Commission Operations. Notwithstanding any provision contained in this Agreement,with respect to the operating procedures of the Commission,the Commission is hereby authorized to establish from time to time bylaws or other policies and procedures relating to its own governance and operations,including procedures relating to meetings, dates of meetings, agendas, information contained on agendas and the functions of the Managers' Committee and Commission. ARTICLE VIII. BOARD OF DIRECTORS Section 1. General Powers. The property, affairs and business of this Commission shall be managed by the Board of Directors. Section 2. Qualifications;Appointment;Notices. Each Member City shall be entitled to two (2)Directors and two (2) alternate Directors. Each alternate shall serve as a Director when the Director for which he/she is an alternate cannot serve or is absent. One(1)Director and his/her alternate shall be a member of that Member City's Council. The other Director and 395205/1 4/ his/her alternate shall be an administrator or staff member having,or likely to have, administrative responsibility for that Member City's System. Directors and alternates shall be appointed by the Council of each Member City at the time it becomes a Member City. When a Council appoints a Director, it shall give written notice initially of such appointment to the Chair. Such notice shall include the mailing address of the person so appointed. The names and addresses shown on such notices as the same may be challenged by subsequent notices given in writing,may be used as the official names and addresses for the purpose of giving notices to such persons for all purposes under this Agreement, including meetings of the Commission. Section 3. Officers Selection. At each annual meeting thereafter while the Commission is in existence, the Commission shall elect the Commission officers from its Directors. Section 4. By-Laws. The Commission shall adopt By-Laws governing its procedures including the time,place and frequency of its regular meetings, and the time and place of its annual meeting. The Commission may amend the By-Laws from time to time by either of the following methods: A. A proposed By-Law amendment may be submitted by a Director at any regular meeting. It shall then be referred to the Managers' Committee for its recommendation. The recommendation shall be presented to the Board at a regular meeting and voted upon at that or a subsequent meeting of the Commission; or B. A proposed By-Law amendment may be submitted by a Director by giving written notice thereof to all other Directors at least fourteen(14) days prior to a regular meeting at which it is to be acted on. The proposed amendment shall then be referred to the Managers' Committee for its recommendation. The recommendation shall 395205/1 �5 /1 be presented to the Board at the meeting stated in said notice and voted upon at that or a subsequent meeting of the Commission. In no event shall a proposed By-Law amendment be acted upon without a review by the Managers' Committee of not more than sixty(60) days. Section 5. Compensation. Directors shall serve without compensation from the Commission no matter in what capacity they serve,but this shall not prevent a Member City from providing compensation for its Directors if such compensation is authorized by the Member City and by law. Section 6. Voting. There shall be no voting by proxy. Each Director shall have one (1) vote. Votes must be cast at a Commission meeting. Directors shall not be eligible to vote during the time the Member City that appointed such Directors is in default on any contribution or payment to the Commission. During the existence of such default, the votes allotted to such Member City shall not be counted for any purposes under this Agreement. Section 7. Term; Resignation. Directors shall serve, at the pleasure of the Council appointing them, a term of two (2) years. In the case of Council member Directors,his/her term shall automatically cease when his/her term as a Council member is ended. Likewise, the term of a Director that is an administrator or staff member of a Member City shall cease upon termination of that person's employment with the appointing Member City. Directors maybe reappointed at the pleasure of the Council appointing them. A Director may resign at any time by giving written notice to the Chair, effective upon the date stated in said notice, or if no date is stated, effective upon receipt by Chair. Acceptance of a resignation is not necessary to make it effective. 395205/1 /0 Section 8. Vacancies. A vacancy on the Commission, created by any cause, shall be filled, for the remaining term of the prior Director,by the Council of the Member City whose Director position on the Commission is vacant. Section 9. Quorum and Manner of Action. Except as provided in Article VII, Section 3,Paragraph K, a majority of the Directors shall constitute a quorum of the Commission, and the act of a majority of the Directors present at any meeting at which a quorum is present shall be the act of the Board. In the absence of a quorum, a majority of the Directors present may adjourn any meeting from time to time until a quorum is present. Notice of any adjourned meeting need not be given other than by announcement at the meeting at which adjournment is taken. If a quorum is present when a duly called meeting is convened, the Directors present may adjourn the meeting,notwithstanding that the withdrawal of a number of Directors originally present leaves less than a quorum. No other business shall be transacted. Section 10. Annual and Regular Meetings. An annual meeting of the Commission shall be held in April of each year to elect officers of the Commission and for transaction of any other business to come before the meeting. Regular meetings shall be held at such times and places as shall be established in the By-Laws of the Commission. Section 11. Special Meetings. Special meetings of the Commission may be called(i) by the Chair, (ii)by the Managers' Committee, or(iii)by the Chair or Managers' Committee upon the written request of a majority of the Directors. Five(5) days written notice of special meetings shall be given to the Directors. Such notice shall include the agenda for the special meeting. Only matters set forth in the agenda shall be considered at the special meeting. Section 12. Notice. Notice of regular and annual meetings of the Commission shall be given to the Directors at least seven (7) days in advance and the agenda for such meetings shall 395205/1 �r accompany the notice. Business at regular meetings of the Commission is not limited to matters set forth in the agenda. Section 13. Notices Excused. Any meeting of the Board shall be a legal meeting without any notice thereof having been given if all of the Directors then in office are present at the meeting or waive notice in writing before, at or after the meeting. ARTICLE IX. OFFICERS Section 1. Number;Election; Qualifications. The officers of the Commission shall consist of a Chair, a Vice Chair and a Secretary/Treasurer. Each officer shall be elected at the annual meeting by the Board and shall hold office until the next annual election of officers and until his/her successor shall have been elected and have qualified or until his/her earlier disqualification, death, resignation or removal. All officers shall be Directors. New officers shall take office at the adjournment of the annual meeting of the Commission at which they were elected. Not more than one(1)Director of a Member City shall be elected an officer during the same term. Directors of a Member City that have given notice of withdrawal shall not be eligible to become officers or to vote on the selection of officers. Any officer who ceases to be a Director shall at the same time cease to be an officer. Section 2. Resignation. Any officer of the Commission may resign at any time by giving written notice of his/her resignation to the Board, to the Chair or to the Secretary/Treasurer of this Commission. The resignation shall take effect at the time,if any, specified therein or, if no time is specified therein,upon receipt thereof by said Board, Chair or Secretary/Treasurer. The acceptance of a resignation shall not be necessary to make it effective. Section 3. Removal. Any officer maybe removed,with or without cause,by a vote of four-fifths (4/5) of the total number of Directors, at any meeting of the Board,provided that 395205/1 such purpose is stated in the notice or waiver of notice of the meeting unless all of the Directors of this Commission are present at the meeting. Section 4. Vacancies. A vacancy in any office because of disqualification, death, resignation or removal shall be filled for the unexpired portion of the term in the manner prescribed herein for election to that office. Section 5. Chair; Vice Chair. The Chair shall preside at all meetings of the Commission and shall perform all duties incident to the office of Chair and such other duties as may be delegated by the Commission. The Vice Chair shall act as Chair in the absence of the Chair. Section 6. Secretary/Treasurer. The Secretary/Treasurer shall be a Director who is an administrator or staff member of a Member City. He/she shall be responsible for keeping a record of all of the proceedings of the Commission and Managers' Committee and shall serve as • the Chair of the Managers' Committee. The Secretary/Treasurer have custody of the Commission's funds, shall pay its bills, shall keep its financial records and generally conduct the financial affairs of the Commission. He/she shall be responsible for such other matters as shall be delegated to him/her by the Commission. Orders, checks and drafts of the Commission shall require the signature of the Secretary/Treasurer. In conducting the Commission's financial affairs,the Secretary/Treasurer shall,at all times, act in accordance with generally accepted accounting principles. The Secretary/Treasurer's report,including any bills or claims to be acted upon by the Commission, shall be distributed to all Directors not less than five(5) days prior to the meeting at which action on such bills or claims is to be taken. The Secretary/Treasurer shall post a fidelity bond or other insurance in an amount, on terms and with a company approved by the Commission. The Commission shall bear the cost of the bond or insurance. Said fidelity 395205/1 13 bond or other insurance shall cover all persons authorized to handle funds of the Commission. Any persons may be engaged to perform such services under the Secretary/Treasurer's supervision and direction,when authorized by the Commission. Section 7. Other Officers. The Commission may appoint such other officers as it deems necessary. All such officers shall be Directors. Section 8. Committees. The Commission may appoint such committees as it deems necessary or desirable to accomplish its purposes. ARTICLE X.MANAGERS' COMMITTEE Section 1. Qualifications. The Managers' Committee shall consist of the administrator or staff member Director appointed by each Member City. Section 2. Authority. The Managers' Committee shall have the authority to manage the property, affairs and business of the Commission between Commission meetings,to the extent specifically delegated by the By-Laws or resolution of the Board,but at all times, shall be subject to the control and direction of the Board. Section 3. Meetings. The Managers' Committee shall meet as necessary at a time and place to be determined by the Managers' Committee. Special meetings may be called by any other two (2)members of the Managers' Committee or by the Commission. The date and place of the special meeting shall be fixed by the person or persons calling it. At least seventy- two (72)hours (from the time of mailing) advance written notice of a special meeting shall be given to all members of the Managers' Committee by the person or persons calling the meeting. The notice shall state the matters to be considered at the special meeting and only those matters shall be considered at that meeting. 395205/1 1,6 Jy Section 4. Personnel. The Managers' Committee shall have authority to hire, supervise and discharge full or part time employees but their compensation shall be within budget limitations. The Managers' Committee may make any required employer contributions which local government units are authorized or required to make by law. Section 5. Notices Excused. The provisions of Article VIII, Section 13, shall apply to meetings of the Managers' Committee. Section 6. Quorum and Manner of Action. The provisions of Article VIII, Section 9, shall apply to meetings of the Managers' Committee. ARTICLE XI. FINANCIAL MATTERS Section 1. Fiscal Year. The fiscal year of the Commission shall be the calendar year. Section 2. Initial Contributions. An initial contribution of Two Thousand Five Hundred Dollars ($2,500.00) shall be made to the Commission by each Member City at the time it becomes a Member City. Section 3. Contribution for Subsequent Years. Beginning in the calendar Year 2001 and for each year thereafter, each Member City shall contribute Two Thousand Five Hundred and No/100 Dollars ($2,500.00). Budget amounts recruited in excess of this minimum amount shall be paid by each Member City contributing. Each Member City shall contribute an amount which bears the same ratio to the total budget as that Member City's franchise fees received for the period ending August 31 of the year prior to the year for which such budget has been prepared bears to the total franchise fees received for such prior period by all of the Member Cities combined, or such other amount or ratio as is agreed to by all of the Directors by August 1 of the year prior to the year for which such budget has been prepared and approved by the 395205/1 / 15 Council of each Member City. However, in any event,no Member City's contribution shall exceed the franchise fees received in such prior year by such Member City. Section 4. Payment. Contributions,pursuant to Section 3, shall be due in full on each January 15, or by such installment method as the Commission shall determine. Section 5. Default. Contributions shall be due in full, or in accordance with an installment plan,within thirty(30) days after the date of the billing statement from the Commission. If payment has not been made within that time, a Member City will be in default. The Commission may recover any contribution in default by a civil suit, and the defaulting Member City,in such case, shall pay all costs of the suit, including reasonable attorneys' fees. Section 6. Budget Process. A proposed budget shall be formulated and approved by the Commission at the October Commission meeting each year. No budget shall become effective unless approved by a majority of the Member Cities. If any Council approves a proposed budget prior to notice having been received by its Directors of the withdrawal of any Member City(which may be done by notice given prior to October 1 of any year),that approval shall not be binding on that Member City,but that Council may reconsider such prior approval of the budget. All parties shall endeavor to approve the proposed budget on or before December of each year. If the budget is not approved, the Commission shall promptly formulate a revised budget and submit it to the Member Cities for their review and approval. This process shall be continued until a budget is approved. The Member Cities shall use their best efforts to approve a budget for the then succeeding year by December 31 of each year. Section 7. Expenditures. The Commission may expend its funds as it deems necessary and appropriate pursuant to this Agreement. 395205/1 /t6 Section 8. Audit. The Commission's financial books and records shall be audited or reviewed by an independent financial advisor and approved by the Commission at least once every two (2) years, or at such other times as the Commission may direct. A copy of the audit report shall be given to each Member City. The Commission's books and records shall be available for and open to examination and copying by the Member Cities and their respective representatives at all reasonable times. ARTICLE XII. WITHDRAWAL Section 1. Withdrawal. Any Member City may withdraw from this Agreement effective on January 1 of any year by giving notice pursuant to Section 2 of this Article prior to October 1 of the preceding year. Section 2. Notice. In order to effectuate a withdrawal, a Member City withdrawing from the Commission shall give written notice to the Chair of the Commission, served personally on the Chair or addressed to the Chair at the address shown on the records of the Commission, and by giving with such notice a certified copy of a resolution of its Council stating its decision to withdraw from the Commission. The withdrawal shall be effective upon actual receipt by the Chair of such notice and resolution. The withdrawing Member City shall have the responsibility for such actual receipt by the Chair. Upon receipt of such notice and resolution, the Chair of the Commission shall forward a copy of the notice and resolution to each Director. Section 3. Financial Effect of Withdrawal. No financial benefit shall inure to a Member City that withdraws from this Commission nor shall there be any reimbursement for any contribution made by the withdrawn Member City. 395205/1 /l � ARTICLE XIII. AMENDMENTS Section 1. Amendments. This Agreement maybe amended only by written amendment entered into by all the then Member Cities to this Agreement in the same manner as this Agreement is entered into pursuant to Article VI hereof. ARTICLE XIV. DISSOLUTION Section 1. Duration of Commission. The Commission may continue for a term up to and including the date the Franchises of the Member Cities expire. The Commission shall be dissolved if less than four(4) Member Cities remain, or by operation of state or federal law or regulation,now or hereafter enacted, or by mutual signed agreement of all of the Member Cities. Section 2. Distribution of Assets. Upon dissolution of the Commission, all remaining assets of the Commission, after payment of all obligations, shall be distributed among the Member Cities that are Member Cities to the Agreement at the time of dissolution, in proportion to their contributions and in accordance with procedures established by the Commission. The Commission shall continue to exist after dissolution for such period,no longer than six (6)months, as is necessary to wind up its affairs,but for no other purposes. ARTICLE XV. PRIOR AGREEMENTS SUPERSEDED This Agreement, when effective, supersedes all previous agreements between the Member Cities hereto establishing a joint cable communications commission. 395205/1 1�1' r$ IN WITNESS WHEREOF,the undersigned municipalities have caused this Agreement to be signed on their behalf: DATED: CITY OF EDINA,MINNESOTA 4801 West 50th Street Edina,MN 55424-1394 By: By: Its: Manager/Clerk Its: Mayor DATED: CITY OF EDEN PRAIRIE, MINNESOTA 8080 Mitchell Road Eden Prairie,MN 55344-4485 By: By: Its: Manager/Clerk Its: Mayor DATED: CITY OF HOPKINS,MINNESOTA 1010 1st Street South Hopkins,MN 55343-7573 By: By: Its: Manager/Clerk Its: Mayor DATED: CITY OF MINNETONKA,MINNESOTA 14600 Minnetonka Boulevard Minnetonka,MN 55345 By: By: Its: Manager/Clerk Its: Mayor DATED: CITY OF RICHFIELD,MINNESOTA 6700 Portland Avenue Richfield, MN 55423-2599 By: By: Its: Manager/Clerk Its: Mayor 395205/1 f1.O CITY COUNCIL AGENDA DATE: 08/07/01 SECTION: Public Hearings SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R.Uram Michael D. Franzen Bluffs East 17th Addition Amendment Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for PUD Concept Amendment on 5.78 acres; and Approve lst Reading of the Ordinance for PUD District Review and Zoning District Amendment within the RM-6.5 on 5.78 acres; and • Adopt the Resolution for a Preliminary Plat on 5.78 acres into 23 lots; and • Direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions; and • Direct Staff to issue a land alteration permit to the Developer to proceed with construction at their own risk. Synopsis This project is 22 one-story townhomes located in the southeast corner of Pioneer Trail and Franlo Road. The Community Planning Board voted 8-0 to recommend approval to the City Council at the June 25,2001,meeting. Background This project is an amendment to an approved plan. On November 7, 2000, the City Council • approved a guide plan change from Church to Medium Density Residential, a rezoning to RM- 6.5 and a site plan for 32,two-story townhouses. • The proposed 22-unit plan meets City Code requirements for setbacks, parking, landscaping, exterior materials, and drainage. • Attachments • 1. Resolution for PUD Concept Amendment 2. Resolution for Preliminary Plat 3. Community Planning Board Minutes dated June 25, 2001 4. Staff Report dated June 22,2001 5. Letter requesting early Land Use Alteration Permit BLUFFS EAST 17TH ADDITION AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2001- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF BLUFFS EAST 17TH ADDITION AMENDMENT FOR HUSTAD LAND COMPANY 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 June 25,2001 PUD Concept by Hustad Land Company and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and WHEREAS,the City Council did consider the request on August 7,2001. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Bluffs East 17th Addition Amendment, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A,is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated July 13, 2001. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated June 25, 2001. • ADOPTED by the City Council of the City of Eden Prairie this 7th day of August 2001. Jean L.Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk Exhibit A Bluffs East 17th Addition Amendment Legal Description: That part of the Southeast Quarter of Section 25,Township 116,Range 22 lying Westerly of a line drawn North at a right angle to the South line thereof from a point thereon distant 687.20 feet East of the Southwest,corner of said Southeast Quarter and Southerly of the centerline of County State Aid Highway No. 1 shown as a survey line on Hennepin County Highway Plat No. 6, except that part lying South of the North line of the plats of MARK CHARLES ADDITION and MARK CHARLES SECOND ADDITION. • BLUFFS EAST 17TH ADDITION AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2001- RESOLUTION APPROVING THE PRELIMINARY PLAT OF BLUFFS EAST 17TH ADDITION AMENDMENT FOR HUSTAD LAND COMPANY BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of the Bluffs East 17th Addition Amendment for Hustad Land Company dated July 13, 2001 and consisting of 5.78 acres into 23 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 7th day of August 2001. Jean L. Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk Community Planning Board Minutes June 25,2001 Page 3 B. BLUFFS EAST 17� ADDITION AMENDMENT by Hustad Land Company. Request for Planned Unit Development Concept Amendment on 5.78 acres, Planned Unit Development District Review on 5.78 acres, Planned Unit Development district Review on 5.78 acres, Zoning District Amendment within the RM-6.5 Zoning District on 5.78 acres, Site Plan Review on 5.78 acres, and Preliminary Plat of 5.78 acres into 23 lots. Location: South of Pioneer Trail at Franlo Road. Paul Korberg, Hustad Companies, introduced Beth Simonstead to present plan revisions.Wooddale Builder is requesting an amendment to the plan including 22 on- story townhouses at 3.81 units per acre. They are requesting a reduction in density from 5.5 to 3.2 units per acre, and from 32 to 22 units. More green space and more guest parking will be available, and parking will be more evenly spaced. There will be five four-unit and one two-unit building. Units will be priced at $250,000-$275,000. Exterior materials will consist of brick/stone and stucco, aluminum siding, and fascia. Setbacks are reduced from 40 to 35 feet. There are two water quality treatment ponds that will discharge into Hennepin County system. Tree replacement is proposed at 272 caliper inches. There are two retaining walls, a monument entrance and fencing along Pioneer Trail is planned. These are similar to Settler's Ridge development. Franzen stated staff recommends approval based on recommendations of the staff report. Foote said he has never seen a project return with such reduced density and inquired as to the reason. Simonstead stated it is a matter of product and what the builder wanted. Koenig asked what daylight basements were. Simonstead stated windows were above grade but not a full basement. Motion by Stoelting, second by Foote to close the public hearing. Motion carried,8-0. Motion by Stoelting, second by Foote to approve the Bluffs East 17th Addition Amendment by Hustad Land Company. Request for Planned Unit Development Concept Amendment on 5.78 acres,Planned Unit Development District Review on 5.78 acres, Planned Unit Development district Review on 5.78 acres, Zoning District Amendment within the RM-6.5 Zoning District on 5.78 acres, Site Plan Review on 5.78 acres, and Preliminary Plat of 5.78 acres into 23 lots. Location: South of Pioneer Trail at Franlo Road request by Hustad Land Company. Motion carried, 8-0. S STAFF REPORT TO: Community Planning Board FROM: Michael D.Franzen, City Planner DATE: June 22,2001 SUBJECT: Bluffs East 17th Addition Amendment APPLICANT: The Bluffs Company OWNER: Hustad Land Company LOCATION: Southeast Corner of Franlo Road and Pioneer trail REQUEST: 1. Planned Unit Development Concept Amendment on 5.78 acres 2. 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' x . • { r •ftx b "bl•5 1 G tom- g 1,x�t ,';3P.Jy„� _�. + "e 1 7 _ ,y. �p i .M74i - ' ',t7 I: iww.,.. 7t.I�' ..s?�,, _ ..:i -r �! 9..�t i 4 t P t„ t ^,{ t t Staff Report—Bluffs East 17th Addition Amendment June 22,2001 HISTORY At an informational meeting on June 26, 2000, the Community Planning Board reviewed three multiple family concept plans for this site. The Board indicated that the senior housing plan or the townhouse plan would be the preferred uses-for the site provided there was an appropriate transition to existing development. On September 24,2000,the Community Planning Board voted to recommend approval of a Guide Plan change from Church to Medium Density Residential,rezoning to RM 6.5, and a site plan for 32,two story,townhouse units. • The City Council approved the plan for 32 townhouses on November 7,2000. PLANNED UNIT DEVELOPMENT The developer is proposing a change to the approved plan. The proposed plan includes 22 one-story townhouses.The density is 3.81 units per acre. The RM- 6.5 Zoning District permits up to 6.7 units per acre. All lots meet the required lot sizes in the RM-6.5 zoning district. The plan meets City parking requirements. City Code requires 2 spaces per unit with one enclosed. City policy is '/a space per unit for guest parking. . _ The plan meets setback requirements. The RM-6.5 Zoning District requires a 30 foot front yard setback, a 10 foot side yard setback, and a 20 foot rear yard setback. SIGNIFICANT TREES • There are 6 significant trees, or 69 total significant diameter inches on the site. The tree loss for the site is 5 trees or 55 diameter inches. The required tree replacement is 59 caliper inches. LANDSCAPING The landscaping required based on building square footage is 211 caliper inches.Total landscaping and tree replacement is 270 inches. The landscape plan shows 270 inches. I Staff Report—Bluffs East 17th Addition Amendment June 22,2001 WETLANDS The low area in the center of the property does not meet the definition of a wetland; therefore, wetland requirements do not apply to this project. DRAINAGE • NURP ponds will be used to treat stormwater to city standards. UTILITIES Sanitary sewer and water is available to the site from Franlo Road. TRAILS AND SIDEWALKS An 8-foot wide bituminous trail will be located on the south side of Pioneer Trail, and a 5 foot wide concrete sidewalk along the east side of Franlo Road. ARCHITECTURE The townhome units are 24 foot tall. The maximum height of structures for this district is 40 feet. CONCLUSION This project is consistent with the comprehensive guide plan and meets City Code requirements. STAFF RECOMMENDATION Staff recommends approval of the following: • Planned Unit Development Concept Review on 5.78 acres • Planned Unit Development District Review on 5.78 acres • Zoning District Amendment within the RM-6.5 Zoning District on 5.78 acres • Site Plan Review on 5.78 acres • Preliminary Plat of 5.78 acres into 23 lots This is based on plans dated June 14,2001,the Staff Report dated June 22,2001, and the following conditions: fi Staff Report—Bluffs East 17th Addition Amendment June 22,2001 1. Prior to grading permit issuance,the proponent shall: B. Install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. C. Submit detailed storm water runoff,utility and erosion control plans for review by the City Engineer and Watershed District. D. Submit a land alteration bond in accordance with City Code. 2: Prior to building permit issuance,the proponent shall: A. Relocate utilities along Franlo Road according to Developer's Agreement. B. Review the building plans with the Fire Marshal. C. Submit a landscaping bond in accordance with City Code. D. Pay the cash park fee. • /0 JUL 19 '01 10:43AM P.1/1 Misted• COMPANIES July 12,2001 Ms.Krista Fleming City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: BE 17th Dear Ms.Fleming: I am requesting an early grading permit for the Bluffs East 17th project located at the corner of Franlo Road and Pioneer Trail. erely, Paul D. berg • • • • 10400 Viking Drive•Suite 510•Eden Prairie, MN 55344• (612) 941-4383-Fax(612) 941-5744 CITY COUNCIL AGENDA - DATE: 08/07/01 SECTION: Public Hearings SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Ridgeview Tech Building Scott A.Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Amendment on 1.6 acres; and • Approve 1st Reading of the Ordinance for PUD District Review with waivers on 1.6 acres and Zoning District Amendment within the Office Zoning District on 1.6 acres; and • Direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This project is for an 18,820 square foot office building located at 7544 Market Place Drive. • The Community Planning Board voted 8-0 to recommend approval of the project to the City Council at the June 25,2001 meeting, subject to plan revisions for rooftop mechanical equipment screening and signs. The plans have been revised to locate the mechanical equipment to the center of the building roof. The location of the mechanical equipment and a two-foot parapet (screening wall) will meet City requirements for screening of the mechanical equipment. The monument sign has been relocated to meet the required 10-foot setback from the Market Place Drive right-of-way. Background Information - This site was approved for a 28,000 square foot office building as part of the 31 acre Bryant Lake Center Planned Unit Development in 1980. In 1999, the City Council approved a 28,650 square foot three-story office building for the property. The current project meets code for building size, setback and parking,landscaping and exterior materials. The following PUD waivers are requested: • Building setback of 20 feet along the I-494 frontage. City Code requires 35 feet. • Parking setback of 0 feet along the north lot line. City Code requires 10 feet. 1 City Council Agenda—Ridgeview Tech Building August 7,2001 Page 2 Reasons to support the waivers are: • Consistency with the underlying PUD and Extended Stay America hotel setback of 20 feet to the property line. • The proposed building is located 275 feet back from Highway 212. • Zero lot line setbacks to parking are common in a PUD. Planting islands in the parking lot offset the required 10 foot green space between parking and the lot line. The proposed Travel Demand Management Plan is acceptable to staff. Attachments 1. Resolution for PUD Concept Amendment 2. Community Planning Board Minutes dated June 25,2001 3. Staff Report dated June 22,2001 • • • • • RIDGEVIEW TECH BUILDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2001- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT OF RIDGEVIEW TECH BUILDING FOR MOUNT PROPERTIES,INC 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 Ridgeview Tech Building PUD Concept Amendment by Mount Properties, Inc., and considered their request for approval for development(and waivers) and recommended approval of the requests to the City Council; and WHEREAS,the City Council did consider the request on August 7, 2001. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Ridgeview Tech Building,being in Hennepin County,Minnesota,legally described as outlined in Exhibit A,is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept Amendment approval as outlined in the plans dated July 18,2001. 3. That the PUD Concept Amendment meets the recommendations of the Community Planning Board dated June 25, 2001. ADOPTED by the City Council of the City of Eden Prairie this 7th day of August,2001. Jean L. Harris, Mayor ATTEST: Kathleen A.Porta, City Clerk 3 Exhibit A Ridgeview Tech Building • Legal Description: Lot 1,Block 1,Bryant Lake Center 3rd Addition,Hennepin County,MN. • Community Planning Board Minutes June 25,2001 Page 4 C. RIDGEVIEW TECH BUILDING by Mount Properties,Inc.Request for Planned Unit Development Concept Amendment on 1.6 acres, Planned Unit Development District Review with waivers on 1.6 acres. Zoning District Amendment within the Office Zoning District on 1.6 acres, and Site Plan Review on 11.6 acres. Location: 7544 Market Place Drive. Chair Corneille opened the public hearing at 7:46 p.m. Steve Michals of Mount Properties stated the site is north of 212, and east of the Extended Stay Hotel. It is a 1.6 acre site, the last within the business park. It was conceptually approved for a 28,000 square foot building. In 1999, Council approved a 28,650 three story office building and final plat. It is guided regional commercial and zoned office. The site plan shows an 18,820 single story office building on 1.6 acres. The exterior is brick and glass of 75%. This is similar to the building on 69th and Shady Oak Road. 94 parking stalls are on the west and north side of building. The access is off Market Place Drive. Existing parking is on the north lot line. Parapet height is 2" over the roof surface. The roof is sloped. Four foot tall rooftop units would be on the center line. HVAC units would be fully screened. Nelson asked why the change from 3 story to 1 story and Y2 square footage. Michals stated Mount likes the economics and efficiency of single levels. Surrounding. buildings are single level. Sodt asked about the berm to the south and regrading by MnDOT. • Michals stated the berm would stay in place. There is 50 feet of slope. They will put a swale on the property line and have it continue onto the state's property. Sodt stated the parking area appears to carry over to adjacent property. Michals stated AF-1 showed parking on the.property line. There are easements throughout the park with cross-access. Franzen said staff recommends approval. The center location is critical for HVAC for screening with a 2 foot parapet. At the sole discretion of staff, if the units are visible, additional screening will be required. Stoelting noted in the staff report it appeared there may be a problem with the monument sign location. Franzen stated the sign setback must be relocated to meet the 10 foot setback from Marketplace Drive. Koenig asked staff to address cash park fees. Community Planning Board Minutes June 25,2001 Page 5 Franzen said he believed cash park fees have been paid. He will report to the Board at the next meeting regarding the status of cash park fees. Corneille said he saw two waivers, one for a building setback of 20-35 feet and a parking setback of zero. He said there were good reasons to support the waivers. Stoelting said the waivers were approved in 1999. Franzen said the waivers are consistent to the original development plan and they are carrying it forward. The waiver does not result in more development than envisioned in 1983. Nelson said it is 20 feet to the general easement; it is not to close to the edge. Motion by Stoelting, second by Nelson to close the public hearing. Motion carried, 8- 0. Motion by Stoelting, second by Stock to approve the Ridgeview Tech Building by Mount Properties, Inc. Request for Planned Unit Development Concept Amendment on 1.6 acres, Planned Unit Development District Review with waivers on 1.6 acres. Zoning District Amendment within the Office Zoning District on 1.6 acres, and Site Plan Review on 11.6 acres. Location: 7544 Market Place Drive based on plans dated June 18th and recommendations in the June 22nd staff report with the exception of the recommendation on the 2' parapet acceptable mechanical units must be located in the center of the building. Motion carried, 8-0. Koenig asked whether cash park fees needed to go in there. Franzen said that was a directive independent from the motion. STAFF REPORT TO: Community Planning Board FROM: Scott A.Kipp, Senior Planner THROUGH: Michael D.Franzen, City Planner DATE: June 22,2001 . SUBJECT: Ridgeview Tech Building APPLICANT: Mount Properties OWNER: Eden Prairie Land Company LOCATION: 7544 Market Place Drive REQUEST: 1. Planned Unit Development Concept Amendment on 1.6 acres 2. Planned Unit Development District Review with waivers on 1.6 acres 3. Zoning District Amendment within the Office Zoning District on 1.6 acres 4. Site Plan Review on 1.6 acres —4- Location Map Ridge-view Tech Building: = - a--I, i } � " - �/ ll , i ,,' ,f �,. , kJ , �f'. !` ti ..-ij' .' _- i1 t,-"`� r�1 - t.+' f '1 a /' �; {, jy-•-..-.7_, 1 P' �'r�---) �E j i4 \° / � . { �� `ice. 1 r' �7, �. tv J 1 ; y l ` 1 — ' �. Supervalu► Headquarters 1 212 1 ;,. 7 "r >". t�� r, 43,t, a11�`� lei �`� ; Suburban, , �, d 5 ti\,CheKy :�,, " '�1,--- sr/ "'\", , v1 ,,.,� a . i . ' If r �� , � � �. � ram; '; _ram•y.-� I i ` y y ray j ,c'""• T ' �-' .i -,___;=---------- ,----r 4, , ,- -..... - r77-71 ' '' ‘ r \___,..--- , 7 - t . r I' _---1A 1 tV —te T Staff Report—Ridgeview Tech Building June 22,2001 BACKGROUND This site was conceptually approved for a 28,000 sq.ft.office building as part of the 31 acre Bryant Lake Center Planned Unit Development in 1980. In 1999,the City Council approved a 28,650 sq. ft. three-story office building and final plat for the property. The Comprehensive Guide Plan shows the site as Regional Commercial land use and is currently zoned Office. Office is permitted in a Regional Commercial guided area. Surrounding land uses are Office to the north,I-2 to the east, and the Extended Stay America hotel to the west. SITE PLAN The site plan shows an 18,820 sq. ft. single-story office building on 1.6 acres. The Base Area Ratio and Floor Area Ratio is .265. City Code permits up to a .30 BAR and a .50 FAR in the Office district.• Based on the size of the building a total of 94 parking spaces are required. The plan shows 82 parking spaces and 12 proof-of-parking spaces. PLANNED UNIT DEVELOPMENT WAIVERS The proponent requests the following PUD waivers for the project: • Building setback of 20 feet along the I-494 frontage. City Code requires 35 feet. • Parking setback of 0 feet along the north lot line. City Code requires 10 feet. These waivers were approved for the three-story office project in 1999. Reasons to support the waivers are: • Consistency with the underlying PUD and Extended Stay America hotel setback of 20 feet to the property line. • The proposed building is located 275 feet back from Highway 212. • Zero lot line setbacks to parking are common in a PUD. Planting islands in the parking lot offset the required 10 foot green space between parking and the lot line. GRADING AND DRAINAGE Grading is proposed within the MnDOT right-of-way. This will require MnDOT approval. If this plan is not approved,the alternate grading plan will be used. Staff supports either grading plan. An existing NURP pond located west of the Extended Stay America hotel is designed to I 9 Staff Report—Ridgeview Tech Building June 22,2001 accommodate stormwater runoff from this project. UTILITIES Sanitary sewer and water is available to this site with connection to existing lines in Market Place Drive. TRAFFIC Traffic generation for the project will be 206 daily trips, 34 a.m. and 31 p.m.peak hour trips. This is less than the approved three-story office project. A Travel Demand Management Plan is proposed for this project. TDM Plans are required for all new office and industrial projects. ARCHITECTURE Building materials are consistent with City Code for 75%face brick and glass. The City Code requires that all mechanical equipment should be screened from public roads and differing land uses. Mechanical equipment is proposed on the roof. The plans show a two high parapet wall to screen the units. This is not high enough to screen the mechanical units.Although the exact size, number, and location of mechanical equipment units will not be designed until • building permit,units are typically not shorter than four feet in height. Staff recommends that the parapet wall should be increased to four feet in height or individual metal screens should be built around each unit. • Proposed site lighting consists of 25-foot downcast shoebox fixtures. All trash is proposed to be stored inside the building. • LANDSCAPE PLAN The amount of landscaping required based on building size is 59 caliper inches. The plan provides 67 caliper inches meeting City Code requirements. A landscaping irrigation system is needed to maintain the proposed landscaping. SIGNS A monument sign is proposed at the access with Market Place Drive. Monument signs in the Office • lb Staff Report—Ridgeview Tech Building June 22,2001 zoning district require a 10-foot setback from the street right of way. The sign will need to be relocated to meet City Code. Future tenant signs on the building will be based on meeting City Code requirements. CONCLUSION - The building and proposed waivers are consistent with the Bryant Lake Center PUD. The building is smaller than the three-story office approved in 1999, and will generate less traffic. An alternate grading plan is provided should MnDOT not approve grading in its right-of-way. The parapet wall should be increased to four feet in height or individual metal screens should be built around each mechanical unit. STAFF RECOMMENDATION Staff recommends approval of the following: • Planned Unit Development Concept Amendment on 1.6 acres • Planned Unit Development District Review with waivers on 1.6 acres • Zoning District Amendment within the Office Zoning District on 1.6 acres • Site Plan Review on 1.6 acres This would be based on plans dated June 18,2001,this staff report, and the following conditions: 1. Prior to City Council review,proponent shall: . A. Revise the plan to increase the parapet wall to four feet in height or individual metal screens can be built around each unit. B. Revise the location of the monument sign to meet City Code. 2. Prior to grading permit issuance,the proponent shall: - A. Provide a copy of a permit from MnDOT for grading within the highway right-of- way, or implement the alternate grading plan. B. Submit detailed storm water runoff,utility and erosion control plans for review by the City Engineer and Watershed District. C. Install erosion control at the grading limits of the property for review and approval by the City Engineer. 3. Prior to building permit issuance,the proponent shall: A. Provide a landscape surety equivalent to 150% of the cost of the landscaping I Staff Report—Ridgeview Tech Building June 22,2001 improvements and mechanical equipment screening. B. Provide a landscaping irrigation plan for the property. C. Submit detailed building plans to the Inspections Department and Fire Marshal for their review and approval. D. Submit exterior building material samples and colors for review. E. Submit a final TDM plan for review and approval. 5. The following waivers are granted as part of the POD: • Front yard structure setback of 20 feet along I-494. City Code requires 35 feet. • Zero lot line setback to parking. City Code requires 10 feet. CITY COUNCIL AGENDA -DATE: 08/07/01 SECTION: Public Hearing SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Girarrosto Toscano Restaurant ,C Michael D.Franzen Request: • Close the Public Hearing; and • Adopt the Resolution for PUD Concept Amendment on 1.66 acres; and • Approve 1st Reading of the Ordinance for PUD District Review and Zoning District - Amendment within the C-Reg-Ser Zoning District on 1.66 acres acres; and • Direct Staff to prepare a Developer's Agreement incorporating Staff and Board • recommendations and Council conditions; and • Direct Staff to issue a land alteration permit, demolition permit, and footings and foundation. permit to the Developer to proceed with construction at their own risk. Synopsis This project is a building addition of 2,987 square feet and a remodel of the existing Doolittles Restaurant located at Singletree Lane and Prairie Center Drive. The Community Planning Board voted 8-0 to recommend approval of the project to the City Council at the June 25,2001,meeting. • Background The proposed plan meets City Code requirements for parking,-•setbacks, 'exterior materials, landscaping,drainage, and lighting. Attachments 1. Resolution for PUD Concept Amendment 2. Community Planning Board Minutes dated June 25,2001 3. Staff Report dated June 22,2001 4. Letter requesting early Land Use Alteration Permit,Demolition Permit, and Footings and Foundation Permit GIRARROSTO TOSCANO RESTAURANT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2001- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF GIRARROSTO TOSCANO RESTAURANT FOR GIRARROSTO TOSCANO,INC. 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 Girarrosto Toscano Restaurant PUD Concept by Girarrosto Toscano, Inc.; and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and WHEREAS,the City Council did consider the request on August 7,2001. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Girarrosto Toscano Restaurant, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A,is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated July 10,2001. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated June 25,2001. ADOPTED by the City Council of the City of Eden Prairie this 7th day of August 2001. Jean L.Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk EXHIBIT A Girarrosto Toscano Legal Description: Lot 2,Block 1,Wal-Mart 2nd Addition • • Community Planning Board Minutes June 25,2001 Page 6 D. GIR RROSTO TOSCANO RESTAURANT by Girrarosto Toscano Inc. Request for Planned Unit Development Concept Amendment on 1.66 acres, Planned Unit Development District Review on 1.66 acres, Zoning District Amendment within the C- Reg-Ser Zoning District on 1.66 acres, and Site Plan Review on 1.66 acres. Location: 12365 Singletree Lane. Sodt stated there may be potential for a conflict of interest because he previously worked for Ellerbe Beckett. He would not participate in the discussion or vote for this item. Len Ghilani, President of Crirarrosto Toscano, said the restaurant concept would be of a 40's - 50's supper club specializing in steaks and pastas. Joe Hamilton,Ellerbee Beckett, said the existing restaurant is Doolittle's at 6400 square feet. The addition will be 3000 square feet. There is a new concept opportunity with the existing exterior. Some materials they are proposing will look mid-century. The roof is blue; it will change to a dark grey. The existing kitchen which is brick will stay intact. Façade will be stucco.An addition is the brick and along the front, a glass panel system. Vitrolite, backpainted glass system will be used to create entry. The site does not change a lot from a landscaping standpoint. Franzen stated staff recommended approval according to the recommendations on page 3 and added that cash park fees were paid at the time Doolittle's was built several years ago. Nelson asked staff whether the restaurant had a liquor license. Franzen stated yes. Nelson asked what the bar to restaurant ratio would be and whether parking would be adequate. Ghilani said there is not a dancing floor. The liquor to food would be 20-25%. The location has an agreement with the neighboring facility for overflow parking. Hamilton said the lounge area has 30 seats. There are around 280 seats in the entire restaurant. Corneille asked when they planned to open. Ghilani stated they hoped to be open by Christmas this year. Nelson asked whether staff thought this could present a potential parking problem with Walmart during the holidays. `-1 Community Planning Board Minutes June25,2001 Page 7 Franzen said there is more than adequate parking to provide for both uses. Walmart indicated the lsf 250 feet of their building was primary parking. They did not care about the remainder of it. Walmart provides 6 per 1000. No problems or conflicts have been observed. Koenig said it looks like a nice addition to Eden Prairie. Seymour said he likes the look and would like to move forward. He asked whether the existing trash enclosure was attached. Franzen said they need room for waste products and recycling. It must be sized accordingly. Seymour asked about safety concerns and lighting for employees with a detached trash enclosure. . Stock said the elevations were attractive. Motion by Stock, second by Stoelting to close the public hearing. Motion carried, 7-0- . 1, abstention Sodt.The public hearing closed at 8:16 p.m. Motion by Stock, second by Stoelting to approve Girarrosto Toscano Restaurant by Girrarosto Toscano Inc. Request for Planned Unit Development Concept Amendment on 1.66 acres, Planned Unit Development District Review on 1.66 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 1.66 acres, and Site Plan Review on 1.66 acres. Location: 12365 Singletree Lane. Motion carried, 7-0-1, abstention Sodt. • STAFF REPORT TO: Community Planning Board FROM: Krista R.Flemming,Planner II DATE: June 22,2001 SUBJECT: Girarrosto Toscano Restaurant APPLICANT/ OWNER: Leonard Ghilani LOCATION: 12365 Singletree Lane REQUEST: 1. Planned Unit Development Concept Amendment on 1.66 acres 2. Planned Unit Development District Review on 1.66 acres 3. Zoning District Amendment within the C-Reg-Ser Zoning District on 1.66 acres 4. Site Plan Review on 1.66 acres 6 Location Map . Gir arrosto Toscano Restaurant - _•••:._•-___ — , ..." ..r"..-.V.7.01. 7752217.7";7::.r.:::.A".:,3.•-t1;=';.t.-,".,..-....? .-;•.''..- :.:',....-4,-,..:...-:"...:-..r.,,---!.....-_•""r.....----- :-2.,re.'..'.-!.:-,..-..-:-._-•.-.=_ _„.--;.;-_---.r...,-.1-.a--•.:-.;.....,.,*,,i1.-1/4„.„..:-... .-4.•c_ftr-...•:. ........„,-.:-.•,,,,,a ;7".-12,-* .;•-;-,Ni,-.-J.- ,, -._,,'..76:='4,-P.--.t;-: .'''''.- -Z-;;- -; "•-...'.•-•--''-'' ••••:•"..--;3-F-1-==.4=.-;---4,----.4=.;-'t•' •. ' ".•-•--.=•:-. 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Ai •:, ,. 1...^ ' " ' '' NI ' • — Staff Report—Girarrosto Toscana Restaurant June 22,2001 BACKGROUND This site is guided regional commercial and zoned C-Reg-Ser. A 6,396 sq. ft. restaurant was approved by the City Council in 1994 and currently exists on the site. SITE PLAN A building addition of 2,987 square feet is proposed for a total area of 9,383 sq. ft. The building base and floor area ratio is .13. The City Code allows up to a.20 base area ratio. The City Code allows up to a.40 floor area ratio. The required parking is 93 spaces based on 280 seats at one space per three seats. There are 26 spaces onsite. The original PUD allowed a cross-parking agreement with the adjacent site for 80 offsite spaces. The plan shows 108 spaces. The plan meets City parking requirements. • The plan meets setback requirements. LANDSCAPING The landscaping required based on building square footage is 9 caliper inches. The landscape plan .meets City Code. DRAINAGE Stormwater will drain to an existing NURP pond south of the building. UTILITIES • • Sanitary sewer and water is currently available to the site. • ARCHITECTURE As part of the addition, portions of the existing brick and glass will be integrated into the new elevations. The building meets the 75%brick,glass,or natural stone requirement. A color graphic is attached. CONCLUSION This project meets city requirements. Staff Report—Girarrosto Toscano Restaurant June 22,2001 STAFF RECOMMENDATION Staff recommends approval of the following: • Planned Unit Development Concept Amendment on 1.66 acres • Planned Unit Development District Review on 1.66 acres • Zoning District Amendment within the C-Reg-Ser Zoning District on 1.66 acres • Site Plan Review on 1.66 acres This is based on plans dated June 20,2001,this staff report, and the following conditions: 1. Prior to grading permit issuance,the proponent shall: A. Install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. B. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. C. Submit a land alteration bond in accordance with City Code. 2. Prior to building permit issuance,the proponent shall: A. Review the building plans with the Fire Marshal. • • GWARROStTOSCALNO O s4 f2Q;u and ellap.. Girarrosto Toscano,Inc. 3001 Hennepin Avenue South Suite D205 Minneapolis,Minnesota 55408 July 3,2001 The Honorable Jean L. Harris and Members of City Council City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Dear Mayor Harris and City Council Members, My name is Len Ghilani, President of Girarrosto Toscano, Inc. As you may already know, Girarrosto Toscano is looking to open our first restaurant in Eden Prairie. We have just completed our financing and are looking forward to opening the doors on or before December 1 of this year. In order to accomplish our goal,knowing that our projected construction period will be in months of unpredictable weather,we respectfully ask for your careful consideration to our request for an early grading and demolition permit to be granted at the time of our _ public hearing on August 7,2001. We're seeking your approval to begin interior demolition of the existing structure, site clearing, exterior demolition at the area of the proposed addition, and permission to bring footings and foundations to grade. In addition,we'd like to submit our plans to permitting so that they may begin their work, with the understanding that full permitting could not be released until final council approval. • . We look forward to becoming an integral part of the Eden Prairie community. Our food, •our service and aur•culture will most certainly be something you will all be proud to be a part of. • Thank you for your time and consideration. If you should have any questions,please don't hesitate to contact me. S;cerely, • • / z Leonard A. Ghilani President, Co-Founder and COO Girarrosto Toscano,Inc. 651-687-9359 /V CITY COUNCIL AGENDA - DATE: 08/07/01 SECTION: Public Hearings SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development • Donald R. Uram Alm Subdivision LIB Scott A.Kipp Requested Action Move to: • • Close the Public Hearing; and • Adopt the Resolution for Preliminary Plat on 2.06 acres into 2 lots; and • Direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This project is a preliminary plat into two single-family lots located at 16480 Hilltop Road. The Community Planning Board voted 8-0 to recommend approval of the project to the City Council at the July 9,2001 meeting. Background Information The Alm's live in a house on Hilltop Road. They want to build a new house and sell the existing house. The two-lot subdivision was first reviewed at the Community Planning Board on June 11, 2001. The new house was proposed 25 feet from the north property line. The neighborhood was concerned how the location of the new house would fit into any long-term planning for the neighborhood,including roads,utilities and future subdivisions. The Board voted to continue the public hearing and directed staff to meet with residents in the Eden Heights neighborhood to discuss the potential for roads,utilities, and subdivision. On June 27, 2001, staff held a meeting with the Eden Heights neighborhood. The results of the meeting suggested that there are future road, utility, and subdivision possibilities, and that the proposed house should be located farther south to address future setback from a potential east/west road along the north property line. At the July 9, 2001 meeting the Community Planning Board voted to recommend approval of the project with two locations for the new house. One would be located 55 feet from the north property line. The other location would be parallel to the existing house. Either location would allow the opportunity to create two additional lots in the future and a road along the north property line. The preliminary plat meets the requirements of the R1-22 zoning district. City sewer and water do not serve this neighborhood due to "grandfathering"of the existing zoning. The septic system for the existing house is failing. The proponent will extend City sewer from the west to serve the existing and proposed house. Attachments 1. Resolution for Preliminary Plat 2. Community Planning Board Minutes dated June 11, 2001 and July 9, 2001 3. Staff Reports dated June 8, 2001 and July 6,2001 ALM SUBDIVISION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2001- RESOLUTION APPROVING THE PRELIMINARY PLAT OF ALM SUBDIVISION FOR STEPHEN AND APRIL ALM BE IT RESOLVED,by the Eden Prairie City Council-as follows: That the preliminary plat of the Alm Subdivision for Stephen and April Alm dated July 26,2001 and consisting of 2.06 acres into 2 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto,and is herein approved. ADOPTED by the Eden Prairie City Council on the 7th day of August, 2001. Jean L. Harris,Mayor • ATTEST: Kathleen A.Porta, City Clerk 3 Community Planning Board Minutes June 11,2001 Page 3 B. ALM SUBDIVISION by Stephen and April Alm.Request for Preliminary Plat on 2.06 acres into 2 lots.Location: 16480 Hilltop Road Chair Corneille opened the public hearing at 7:36 p.m.. Franzen stated this property is guided low density residential at up to 2.5 units per acre. It is part of the Eden Heights neighborhood,which was platted into two-acre lots in 1948 and zoned R1-22 in 1969. Hennepin County recorded additional lot divisions within Eden Heights into 1-acre and '/2 -acre parcels. Two plats were approved in 1988 for two lot subdivisions. The proposal is to subdivide the 2.06 acre site into two single-family lots of 29,399 square feet and 60,494 square feet. Code requires minimum lot size of 22,000 square feet with a minimum lot frontage of 90 feet. Existing and proposed homes meet setbacks. The neighborhood does not have sewer and water. Prior to Council review, the proponent would need to provide an analysis and soil testing report for determination of proper septic system location. No significant tree loss is proposed. The lot shape and frontage is inconsistent with the neighborhood; locating a new house behind another is inconsistent with the neighborhood, as is the setback and continuation of housing not being served by city sewer and water. This would also increase the impervious surfaces in an area experiencing erosion problems without adequate storm water handling. Staff recommends denial. Stephen Alm stated they had hoped for sewer and water for the past ten years. They would like to build a home on the property. Gray had told them they could tie into the development to the west for a septic system. During the past two years there was a property at 16519 Pioneer Trail or kitty corner,which did the same thing—they had a long driveway going to the back of the lot.- Nelson acknowledged these lots are deep. But this will make an odd looking neighborhood, building so homes are situated in —out or side-side. Two-tiered neighborhoods need a road although there is not room here. She sympathizes with those who want to stay in their neighborhood. She asked Franzen how many similar neighborhoods there were. - Franzen said this was an isolated case. The zoning goes back into the 1950's when there was only R1-22. The subdivision was approved by the County; they did some administrative divisions in the 1960's that did not show up on City records. There are some lots with varying setbacks as a result. The problem with the property is its narrowness and where it sits in comparison with other houses. Nelson stated this decision would impact other neighbors in the area. Foote asked how the process could be expedited for long term planning for this particular neighborhood. Community Planning Board Minutes June 11,"2001 Page 4 Franzen stated a consultant could be hired. The City staff would also develop ideas for future roads. There is a logical spot for a road, but trees, slope, lot lines and existing houses would need to be considered. Foote said it should be done in a logical planned effort. Seymour asked Franzen to comment on the property Alm referred to on Pioneer Trail. Franzen stated it was a subdivision approved some time ago with the county in the 1960's and the city honored the County's approval just recently. There is frontage on Pioneer and there is a public right of way. Sodt stated he empathized with the property owners but it was laid out a long time ago. The neighbors could organize and develop a plan because it is currently lacking a plan. Concurrence from the neighbors would be an important step. Stock asked Franzen to comment on the septic system and the type of development. Franzen said the city adopted state standards for septic systems. Consultants are hired to review existing and new systems. The existing house needs a better location. A primary and secondary septic system should be in place. There are septic tanks in varying conditions in this neighborhood. There are drainage problems, and continuing to subdivide will make long range planning difficult. Sewer to the west could be extended to this property. The property meets ordinances, but the board must look at the best long-term plan for the area. Stoelting clarified Franzen wanted a long-ferm plan for the neighborhood. He asked how long would be required to accomplish this. Franzen said there were limited options so probably only 30 days. Closer to Hilltop and Eden Prairie Road, houses are too close together for a road. The pattern that may make the most sense would be a road along the rear property line. They could meet with the neighborhood. - Stoelting asked if the staff could develop a plan for roads and utilities. Franzen said they could develop a general plan for locations and added that concurrence on road locations is not likely due to housing patterns. Nelson said this should be continued until staff meets with the neighborhood and provides some alternatives. Corneille summarized the board sympathized with the property owners but would like the staff to study the option further and meet with the neighborhood. Franzen said Mr. Gray met with the neighbors to discuss extension of utilities. Community Planning Board Minutes June 11,2001 - -_ Page 5 Gray said there is interest from the neighbors to consider sanitary sewer and street improvements and from property owners to subdivide their properties. One concern with those along Pioneer Trail is that future improvements by Hennepin County should be considered. Subdivisions along Pioneer Trail have taken access to residential streets, not on Pioneer Trail. There would be some opportunity to provide a different access. Foote asked whether this would be something to continue or whether it should be done and brought back. Franzen stated this project could be published for the July 17th Council meeting, and the board could review the project again on July 9th. Franzen added that sometimes new standards are applied to old neighborhoods, it won't exactly fit and the City may have to consider exceptions on lot sizes and setbacks so all of the neighbors should be given the same opportunity for reasonable use of the property. April Alm stated they did hold a neighborhood meeting last week and prior to the planning meeting. The neighbors are in agreement about subdividing. The pattern for the neighborhood was already set: She understands they need to plan for the road. Moving their house forward would not be a problem. She asked whether that was the main problem. Corneille stated further meetings would be for the purpose of creating general road plan for the area. Alm said subdividing and building had been going on already in the past 4-5 years. It is not inconsistent with what was happening on Pioneer Trail. Leon Cruz, 9250 Eden Prairie Road,the last lot on Eden Prairie Road, said he had not received notice of a lot division. Franzen stated it is required by City Code to notify property owners within 500 feet from the boundary of the lot to be subdivided. It was also published in the paper. Motion by Sodt, second by Stoelting to continue the request for preliminary plat on 2.06 acres into 2 lots at 16480 Hilltop Road with the condition that the proponent meet with the neighborhood and city staff to attempt to fit the property into a long term plan for the area, to be prepared for the July 17 council meeting. Motion carried, 8-0. Community Planning Board Minutes July 9,2001 - _ Page 3 IV. PUBLIC HEARINGS A. ALM SUBDIVISION by Stephen and April Alm. Request for Preliminary Plat on 2.06 acres into 2 lots.Location 16480 Hilltop Stoelting opened the public hearing at 7:34 p.m. Franzen stated this project was continued from the June 11, 2001 meeting. The • neighborhood was concerned about this subdivision's fit for long-term planning as it relates to roads, utilities, and future subdivisions. Staff met with residents June 27th to determine possible road locations which could serve the area for utilities and future subdivisions. Locating the proposed house farther south, or closer to Hilltop Road according to Attachments Two or Three will allow enough room for a road to be constructed along the north property line and•an orderly and efficient extension of roads and utilities for the area. The proposal meets the requirements of the R1-22 zoning district. Staff recommends approval based on plans dated June 1, 2001; Staff Report dated July 6,2001 and conditions listed therein. Alms noted they would prefer the option outlined on attachment 3 close to existing home, access to Hilltop. Requesting board approval. They would prefer to hookup to Hilltop Road. Foote asked about their intention with the existing house. Alms stated the house would remain. Nelson asked how the Motion should read. Franzen stated staff was comfortable with either attachment Two or Three. Sodt asked about the approval of neighbors and was assured of their approval. • Franzen said the two-lot subdivision was being approved. The acceptable locations for a second house are shown on Attachments 2 and 3. Stock asked why three houses were shown on attachment three. Franzen stated there could have been four; there was the potential for four lots in the future under either scenario. Tom Perrin, 16381 Hilltop Road, offered his support for the Alms and would like the board to approve the proposal. John Hanson stated his support for the Alms and the future development of the neighborhood. Community Planning Board Minutes July 9,2001 - Page 4 Motion by Sodt, second by Brooks to close the public hearing. Motion carried, 8-0. The public hearing closed at 7:46 p.m. Motion by Nelson, second by Brooks to approve ALM SUBDIVISION by Stephen and April Alm. Request for Preliminary Plat on 2.06 acres into 2 lots. Location 16480 Hilltop based on plans dated June 1, 2001; Staff Report dated July 6, 2001 and conditions listed therein and attachment#2 or#3. Motion carried,8-0. STAFF REPORT TO: Community Planning Board FROM: Scott A.Kipp, Senior Planner THROUGH: Michael D.Franzen, City Planner DATE: June 8, 2001 SUBJECT: Alm Subdivision APPLICANT/ • OWNER: Stephen and April Alm LOCATION: 16480 Hilltop Road REQUEST: 1. Preliminary Plat on 2.06 acres into 2 lots. 9 • Location Map = Alm Subdivision • . J i,....,:i - 3 +:....r(<.S"'':au..+•"•",•j: .tra•�:7b " :_ 7a FK�•.^ ='i':.:.-•�i..:�:1ris'C. 17 '..i'j 4,T: : 7 i'11. "ii: -.•f„r;!„. L„776+5,'1 .:Y.•J'� -t �.i:'J i l: 1, _ l:!✓:-' �1; ' �" .F. :� 'f. . •.(' �x. ''i' T. • -wr. s'• 4 a, r' � r•,• 7y r iir'I L'}• it. 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I •.i :J 0•i • r. • �:5.1 •t. 4�i -?. 1 • N i' �•i, ;t, liar' `E!" • • • Ci� • r. • 'h i ti� :�> tr• ri•: • _ i, iti.' r- "t^• ��ti_ �:;,�.'is ii,F•- Y' .1. S i n: I.: •:q a'- a. .r'„i S`,• 'i •a.�e� t q t- c•�i: :F: ,f ';Jr ".H•; r.a x,- 4• 4 - _ r. ..t i•t:: ,t:iti`• .. �r"..'�».', r, t�.• ?E '. rii.�t,: ', .11. .�1:� :tit, ) .•7ti;• _ . 4 f. .J - tir�„ x ,i •r ,i. :t:L. '!i iw. - a ii`�i.` may;,:.•. j)/ 1, :.44 - ;,r ,a. .ia 1t. r,r�',JtJ h' `7. +5 i'= :i:. i. r: » _eM :i,. �ri Y^ - '•i. .4'CT• °i'a.` 1":v _ t'?I'a :'.F.. «t. h4' ' /0 - - Staff Report—Alm Subdivision June 8,2001 Page 2 BACKGROUND The Comprehensive Guide Plan shows the property as low density residential for up to 2.5 units per acre. The property is part of the Eden Heights neighborhood, which was platted into two- acre lots and larger in 1948 and zoned R1-22 in 1969. Hennepin County recorded additional lot divisions within Eden Heights into one-acre, and one-half acre parcels. In 1988, two plats within the neighborhood were approved by the City Council for two lot subdivisions meeting City Code. Surrounding uses consist of R1-22 single-family homes. The existing home on the site is to remain. PRELIMINARY PLAT The proposal is to subdivide the 2.06-acre site into two single-family lots. Lot one is 29,399 square feet in size and Lot 2 is 60,494 square feet in size. City Code requires a minimum lot size of 22,000 square feet in the R1-22 zoning district. The minimum lot frontage in the R1-22 zoning district is 90 feet. The project meets this requirement. The existing and proposed houses meet the setbacks for the R1-22 zoning district. The new house for Lot 2 is proposed at the most northerly portion of the lot. City Code states that"where 40% or more of a block is developed, the required setback shall be equal to, or greater than, the average of the principle structures on either side." Setbacks for the houses on either side are 164 feet (the existing house on the property) and 90 feet, for an average of 127 feet. The proposed house is setback 357 feet. The greatest setback for a house along Hilltop Road is 170 feet. The attachment shows the relationship of lot sizes and house locations within the Eden Heights neighborhood. UTILITIES City sewer and water does not serve this site or the neighborhood. The neighborhood has not. petitioned for sewer and water. An existing well and septic system serves the property. City Code states that "sanitary sewer and water service shall not be required with respect to those lands which were situated within the R1-22 District on July 1, 1982." The Eden Heights rezoning to R1-22 occurred in 1969. In March 1999, the septic system was found to be failing and in a non-compliance status. The plans show the siting of new primary and secondary septic systems for both lots as required by state code. Two of the proposed septic system locations for Lot 1 either cross a lot line, or are under the existing driveway and are not acceptable. The remaining site is located in a low area that will receive increased stormwater runoff. Prior to City Council review, the proponent will need to provide an analysis and soil testing report for determination of proper septic system location. If an alternative location is need, the lot size may need to be adjusted. The existing well will remain for Lot 1. A new well is proposed for Lot 2. Staff Report—Alm Subdivision June 8,2001 Page 3 GRADING AND DRAINAGE There are 134 caliper inches of significant trees on the property. No significant tree loss is proposed. The driveway for the new house does not exceed the maximum recommended grade of 12%. Drainage from the proposed house and the majority of Lot 2 is directed towards the southwest across Lot 1 and adjacent property and ultimately to Hilltop Road. The proposed driveway for Lot 2 is also directed towards Hilltop Road. Both locations have low undrained areas prior to discharge to Hilltop Road. Additional impervious surface from the proposed house and driveway, and concentrated flow will contribute to existing erosion problems downstream. Hilltop Road is an unimproved section of road without curb and gutter or storm sewer. CONCLUSION The proposal meets the requirements of the R1-22 zoning district. City sewer and water are not required due to "grandfathering" of the existing zoning. However, there are other issues that need to be taken into consideration with this proposal. These are: • Building setback • Lot characteristics • Subdivision patterns • Availability of public utilities • Drainage 1. Is the proposed subdivision consistent or inconsistent with the development pattern of the area for lot size and setbacks? (see attachment) 2. Should this site or any other property in the Eden Heights neighborhood be subdivided •without adequate sanitary sewer stormwater and street improvements? Reasons for supporting the proposal: • Lot size and dimension meet code • Structure setbacks for existing and proposed houses meet code • Well and septic systems are permitted in this"grandfathered"zoning for the property • No significant tree loss Reasons for not supporting the proposal: • Lot shape and frontage inconsistent with the neighborhood • Locating the new house behind another house is inconsistent with the neighborhood • Setback of the new house is inconsistent with the neighborhood • Continuation of housing not being served by municipal sewer and water Staff Report—Alm Subdivision June 8,2001 Page 4 « Increased impervious surfaces in an area experiencing erosion problems without adequate stormwater handling capability STAFF RECOMMENDATION Alternative One Recommend approval of the Preliminary Plat of 2.06 acres into two lots. This would be based on plans dated June 1,2001,this staff report, and the following conditions: 1. Prior to City Council review,proponent shall: A. Provide analysis and soil testing report for all proposed septic system locations to confirm suitability of sites for such systems. 2. Prior to building permit issuance,the proponent shall: A. Submit detailed plans to the Inspections Department for abandoning the existing septic system according to state standards, and for the construction of new septic systems meeting code for both Lot 1 and Lot 2. B. Enter into a special assessment agreement for future assessments regarding the installation of public sanitary sewer, water, storm sewer and streets, waiving any caps that may be in place at the time of improvements for the new lot. C. Pay the cash park fee. Alternative Two Recommend denial of the Preliminary Plat of 2.06 acres into two lots for the following reasons: 1. The proposal is inconsistent with existing setbacks along Hilltop Road. 2. The proposal is not served by public sanitary sewer,watermain, and street system with storm sewer. 3. The existing subdivision includes areas of steep slopes exceeding 20%, erosion problems and undrained areas. 4. Additional impervious areas from more rooftops and driveways will add to the existing problems. Staff recommends Alternative Two. .^., RIDGE f cr g 'nu 11(24)�'•�TA TE p do907.,...L.,,f......(-3:2„).,,. ..- r '� il/, Kao- r': IK T! et /(28) nr oa Ct t2 `, 4T.e � __ ..,1 ; sort :+, r-•} :- ...a4Yan •ER TR 7"4s '"•23 , riF.0 • 33 33 no ,1 • i. .. •,. cd.. .034i ..4 4j:.;. 56) s a 2. al r . • Qo ! I(I2) 3 (A) 1 9,ro) P x ' V. 2l7) (8) a ( 0) (19) ) ., 44 (54) - 58) ; au. j�_ T .0 • 59) KT —...:;OO 1200 200 200 100 240 1Q1 . . • . . • _u s ';.•i oulE '`r I• (17) .75 . (2) § (3) • 7 (2) A (4) $ t6)H rf..:((47) a -- (8) *`1(9) 2 —• Tet,- 18) i0.23 CI. •• ;'J •, f10) flll • 543 EX(STIN4 I -� . ... a • HovSE , w•4r 2s5 1ST - 30 _^•� 20o 200 • 2 0 200 90{ 200 q! 1 i .. 1. I 0) 3 . HILLTOP s RD s F "' 'tTJ00 ]00 700 200 K3 2ci c=1 4� gl ' (4 ) (42) }5(40) ) U (IS) t36) (13) rt2 R• (8) (7) I r 3 ' 2t I •' 1 200La. $ /' • asp (la- Cir,3tr:3 l / • a/ N 33 21T 300' •• 00 700. 00 100 2S(0 Ica n7.. h /� •r s Boa VALLEY I • RD' • a • i • $ .. 1:7 1:3 sGi1 ca 2 / b , • • /' x, r . y30. PLAT rr / y: • .. • ) ..•••••• �100 244.26j r "•. 2 SE' �~ s•oo 477.80 ]00 1216.!!I 742.5 V a .-;••��•-6.... NEST 4.1............ r..... O'OS'E u su U'' -...r w D A1 HE/ c7Hr5Lor i . '9 . STAFF REPORT TO: Community Planning Board FROM: Scott A.Kipp, Senior Planner THROUGH: Michael D.Franzen, City Planner DATE: July 6,2001 • SUBJECT: Alm Subdivision APPLICANT/ OWNER: Stephen and April Alm LOCATION: 16480 Hilltop Road REQUEST: 1. Preliminary Plat on 2.06 acres into 2 lots. • 15 Staff Report—Alm Subdivision July 6,2001 Page 2 BACKGROUND This project is a continued item from the June 11, 2001 meeting. The neighborhood was concerned how the subdivision would fit into a long-term plan for the neighborhood for roads, utilities and future subdivisions. The Community Planning Board directed staff to meet with the neighborhood to discuss potential long-term plans for the area, and how the proposal would fit into these plans. On June 27, 2001 staff met with residents of the Eden Heights neighborhood with a conceptual plan showing possible road locations which could serve the area for utilities and future subdivisions (Attachment One). NEW LOCATIONS FOR PROPOSED HOUSE This conceptual plan suggests the proposed Alm house should be located farther south to address future setback from a potential east/west road along the north property line. Attachment Two shows the proposed house shifted farther south to work with a future road. A long driveway would serve the house from Hilltop Road. When sewer,water and roads are built, there would be a potential for a four-lot subdivision with two lots taking access from the north. The future subdivision plan is based on R1-13.5 zoning, with a minimum lot size of 13,500 square feet and a 30-foot front yard setback. Attachment Three shows the proposed house located closer to Hilltop Road. When sewer, water and roads are built, there would be a potential for a four-lot subdivision with two lots taking access from the north. The future subdivision plan is based on R1-13.5 zoning, with a minimum lot size.of 13,500 square feet and a 30-foot front yard setback. UTILITIES There are three options available to serve this site with utilities. • Construct new private on-site well and septic system for the existing and proposed homes. • Extended public sewer from the west to the existing and proposed home. • Petition with the neighborhood for sanitary sewer and water Staff supports any of these options. CONCLUSION Locating the proposed house farther south, or closer to Hilltop Road according to Attachments Two or Three will allow enough room for a road to be constructed along the north property line and an orderly and efficient extension of roads and utilities for the area. The proposal meets the requirements of the R1-22 zoning district. 1 Staff Report—Alm Subdivision July 6,2001 Page 3 STAFF RECOMMENDATION Alternative One Recommend approval of the Preliminary Plat of 2.06 acres into two lots. This would be based on plans dated June 1,2001,this staff report, and the following conditions: 1. Prior to City Council review,proponent shall: A. Show the shifting of the proposed house farther south to address future setback from a possible road along the north property line. B. If the property is to be connected to public sewer at this time, submit a plan showing the extension of the sanitary sewer to serve both lots. C. If the property is to be connected to new private well and septic systems, provide analysis and soil testing report for all proposed septic system locations to confirm suitability of sites for such systems. 2. Prior to building permit issuance,the proponent shall: A. If the property is to be connected to public sewer at this time, submit detailed plans for extension of sanitary sewer to serve both lots. B. If the property is to be connected to new private well and septic systems, submit. detailed plans to the Inspections Department for abandoning the existing septic system according to state standards, and for the construction of new septic systems meeting code for both lots. C. Enter into a special assessment agreement for future assessments regarding the installation of public sanitary sewer, water, storm sewer and streets, waiving any caps that may be in place at the time of improvements for the new lot. D. Pay the cash park fee. Alternative Two Recommend denial of the Preliminary Plat of 2.06 acres into two lots for the following reasons: 1. The proposal is inconsistent with existing setbacks along Hilltop Road. 2. The proposal is not served by public sanitary sewer, watermain, and street system with storm sewer. 3. The existing subdivision includes areas of steep slopes exceeding 20%, erosion problems and undrained areas. 4. Additional impervious areas from more rooftops and driveways will add to the existing problems. • Staff recommends Alternative One. �7 r'\ xca� °Rb { t'01 I ; grog Tat `p (2:13 qs Q d2). . ;' t, , (..• r ' �Q I� n ;L n so -- • _ kIu ) _ C7 a. , , zas f : �}/ :---; ue. u> tMj . . IPE NCER TS- ry ""'"� —,, - L. au1.2t . i, ' yi.1) i1 r12! - 1` «'. • I mars 2oa.Zs , ._ — -- — .-+" • .f': CZ/. . Iti 1 . • 0 .. a i7) Q ~� I. AAA r t ♦ 1 • ' 1 I I1±3 rail417 , i ♦ . .V t� (8) •p (20) a9) .• ) .. 1 0, I . . cp / Cil �ZI . . . 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' ,:'!. 2 P"" 15 11 , i>.11, _ . 111 f iri, itO . ,,,/ 1 0 k.. . ; 1 1 ".° -. . i ii. .. r, v g 4,'ilia V'.:, _ 3 .r 2 I 1 4 '4..1 . 7 —Th NO •:;;", "" — • •-• '. — 000..Vj ir." -P--• — : ‘1.....mednizikt,21.• _ , Alit Al A/ Cif ik i tctigi.-�+k r \ r 9 t'rp f -•Pat Pa a Y -fix,�� S'?-1, • It,tr hre,•t• � w? • ATrM*1MEI4T 'THREE ace CITY COUNCIL AGENDA DATE: SECTION: Public Hearings August 7,2001 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Proposed Refunding of Park at City West Donald R.Uram Apartments Housing Revenue Bonds Requested Action Move to: • Close the public hearing; and • Adopt Resolution under Minnesota Statutes, Chapter 462C, authorizing the issuance of up to $14,905,000 in aggregate principal amount of its Multifamily Housing Revenue Refunding Bonds (Park at City West Apartments Project), Series 2001, approving the forms thereof, and authorizing the execution of various documents relating thereto. Background Information: Section 147(f) of the Internal Revenue Code of 1986, requires that the Council hold a public hearing for the purpose of receiving comments on the proposed issuance of up to $14,905,000 principal amount of the housing revenue bonds to refund the housing revenue bonds issued by the City in 1990 on behalf of Park at City West Limited Partnership for the development known as Park at City West Apartments. The proposed refunding would reduce debt service costs for the development. Representatives of the developer will be available at the Council meeting to answer questions about the development and the refunding. The Council is also being asked to adopt a resolution authorizing the refunding and the issuance of refunding bonds. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2001- RESOLUTION APPROVING REFINANCING OF PARK AT CITY WEST APARTMENTS PROJECT AND AUTHORIZING AND APPROVING ALL DOCUMENTS, INSTRUMENTS, ACTIONS AND MATTERS NECESSARY OR APPROPRIATE FOR OR PERTAINING TO THE ISSUANCE, SALE AND DELIVERY BY THE CITY OF EDEN PRAIRIE, MINNESOTA OF ITS MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (PARK AT CITY WEST APARTMENTS PROJECT) SERIES 2001 IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $14,905,000 AND THE CURRENT REFUNDING AND REDEMPTION OF ITS MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (PARK AT CITY WEST APARTMENTS PROJECT) SERIES 1990 ISSUED IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $14,905,000. WHEREAS, The City of Eden Prairie, Minnesota (the "Issuer") is a municipal corporation and a political subdivision of the State of Minnesota, authorized by the provisions of Minnesota Statutes, Chapter 462C, as amended (the "Act") to, among other things, issue its revenue bonds pursuant to the provisions of the Act for the purpose of carrying out any of its powers, and, as security for the payment of the principal of, and interest on, any such bonds so issued, to pledge the revenues and receipts therefrom; WHEREAS, at the request of Park at City West Limited Partnership (the "Borrower"), a Minnesota limited partnership, the Issuer has heretofore issued $14,905,000 in aggregate principal amount of its Multifamily Housing Revenue Refunding Bonds (Park at City West Apartments Project) Series 1990 (the "1990 Bonds"), the proceeds of which were applied to refinance certain prior bonds which were issued to finance the costs of acquiring, constructing and equipping a 288-unit multifamily housing facility(the "Project"), a portion of such facilities to be used by persons of low and/or moderate income and to be located in the City of Eden Prairie, Minnesota; WHEREAS, the Borrower has requested and the Issuer desires now to authorize and approve (i)the issuance, execution, sale and delivery of its Multifamily Housing Revenue Refunding Bonds (Park at City West Apartments Project) Series 2001 (the "Bonds") in the aggregate principal amount not to exceed $14,905,000 for the purpose of refunding the 1990 Bonds and(ii)the redemption of the 1990 Bonds; WHEREAS, the Issuer has held a public hearing with respect to the Project more than 14 days after published notice thereof; WHEREAS, the Bonds are to be issued under and secured by a Trust Indenture (the "Indenture"), to be dated as of August 1, 2001 from the Issuer to a trustee named therein, as such trustee shall be approved by the officers of the Issuer executing the Indenture(the"Trustee"); WHEREAS, the proceeds of the Bonds are to be loaned to the Borrower pursuant to a Financing Agreement(the"Financing Agreement"), to be dated of even date with the Indenture, between the Issuer and the Borrower, for the purpose of and in order to assist the Borrower in paying the costs of the redemption of the 1990 Bonds; WHEREAS, contemporaneously with the execution of the Indenture, the Issuer, the Trustee and the Borrower will enter into a Second Amended and Restated Land Use Restriction Agreement (the "Land Use Restriction Agreement"), dated as of the date of the Indenture, in which the Borrower will covenant to comply with the provisions of Section 103(b)(4)(A) of the Internal Revenue Code of 1954, as amended; WHEREAS, the principal, redemption price and purchase price of and interest on the Bonds will be payable solely and exclusively from(i) loan payments to be made by the Borrower under the provisions of the Financing Agreement and Note with respect thereto and (ii) funds held by the Trustee pursuant to the Indenture and available for such purpose, including funds drawn under credit enhancement to be issued by the Federal Home Loan Mortgage Corporation ("Freddie Mac"),in respect of the Bonds; WHEREAS, in connection with the credit enhancement provided by Freddie Mac, the Issuer, the Trustee and Freddie Mac will in enter to an Intercreditor Agreement dated as of the date of the Indenture (the "Intercreditor Agreement") with respect to the exercise of rights and remedies by Freddie Mac,the Issuer and the Trustee; WHEREAS,Dougherty&Company LLC (the "Underwriter")has agreed to purchase the Bonds in accordance with the provisions of a bond purchase agreement (the "Bond Purchase Agreement") among the Issuer,the Borrower and the Underwriter; WHEREAS, the following documents have been presented to the Issuer for approval in connection with the issuance, sale and delivery of the Bonds: (1) The proposed form of the Indenture,including the proposed form of the Bonds; (2) The proposed form of Financing Agreement; (3) The proposed form of the Land Use Restriction Agreement; (4) The proposed form of the Bond Purchase Agreement; (5) The proposed form of the Intercreditor Agreement; and (6) The proposed form of the preliminary official statement(the"Preliminary Official Statement")relating to the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AS FOLLOWS: Section 1. Findings of the Issuer. (a) The Issuer hereby finds with respect to the Project that the refinancing thereof by means of the issuance of the Bonds would be in the best interests of the Issuer and its inhabitants, and would further the housing policies and goals set forth in the Housing Plan of the Issuer and the Multifamily Housing Program of the Issuer adopted thereunder. 3 (b) The execution and delivery of the Bonds and the Indenture, the Financing Agreement, and the Land Use Restriction Agreement, the consummation of the transactions contemplated hereby and thereby and the fulfillment of or compliance with the terms and conditions or provisions of the Bonds and the Indenture, the Financing Agreement and the Land Use Restriction Agreement do not conflict with or result in the breach of any of the terms, conditions or provisions of any agreement or instrument or judgment, order or decree to which the Issuer is now a party or by which it is bound,nor do they constitute a default under any of the foregoing or result in the creation or imposition of any prohibited lien, charge or encumbrance of any nature upon any property or assets or the Issuer under the terms of any instrument or agreement. (c) No authorization or approval or other action by, and no notice to or filing with, any governmental authority or regulatory body is required for the due execution and delivery by the Issuer of, and performance by the Issuer of its obligations under, any of the Indenture, the Financing Agreement and the Land Use Restriction Agreement. (d) The Issuer hereby finds that it is required to comply with Section 148 of the Internal Revenue Code of 1986, as amended (the "Code") and as such that: (i) it shall neither make nor direct the Trustee to make any investment or other use of the proceeds of the Bonds that would cause the Bonds to be "arbitrage bonds" as that term is defined in Section 148(a) of the Code and that it shall comply with the requirements of the Code throughout the term of the Bonds; (ii) it (a) shall take, or use its best efforts to require to be taken, all actions that may be required of the Issuer for the interest on the Bonds to be and remain not included in gross income for federal income tax purposes and (b) shall not take or authorize to be taken any actions within its control that would adversely affect that status under the provisions of the Code; (iii) it shall enforce or cause to be enforced all obligations of the Borrower under the Land Use Restriction Agreement in accordance with its terms and seek to cause the Borrower to correct any violation of the Land Use Restriction Agreement within a reasonable period after any such violation is first discovered; and (iv) in furtherance of these findings, the Issuer shall execute, deliver and comply with the provisions of the Tax Certificate(as defined in the Indenture). (e) The Issuer hereby finds that the information contained in the Preliminary Official Statement concerning the Issuer under the captions "THE ISSUER" and "LITIGATION" is true and correct in all material respects as of the date hereof and will be upon the distribution of the Preliminary Official Statement in its final form and the information contained in the Preliminary Official Statement concerning the Issuer under the captions "THE ISSUER" and "LITIGATION" does not, and at the date of the distribution of the Preliminary Official Statement and the date of issuance of the Bonds will not, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made,not misleading. (f) The Issuer hereby finds that, except as disclosed in the Preliminary Official Statement, there is no action, suit,proceeding, inquiry or investigation at law or in equity, before or by any court, regulatory agency, public board or body pending or, to the Issuer's knowledge, threatened against or affecting the Issuer or its property(or, to the Issuer's knowledge, any basis therefore (i) in any way affecting the existence of the Issuer or challenging or affecting the titles of any officers of the Issuer to their respective positions, (ii) in any way contesting the legality of the Bonds or the proceedings of the Issuer taken with respect to the issuance and sale thereof, (iii) to restrain or enjoin the issuance, sale, execution or delivery of the Bonds, (iv) in any way contesting or affecting the validity or enforceability of the Issuer Documents, (v) contesting in any way the completeness or accuracy of the Preliminary Official Statement, or (vi) contesting the powers or authority of the Issuer or its officers with respect to the execution, delivery and performance of the Issuer Documents. (g) The Issuer hereby finds that in order to facilitate the issuance of the Bonds it is necessary to, and the Issuer will, as so necessary,promptly advise the Underwriter of any matter arising or discovered after the date hereof and prior to the date of the Purchase Agreement(i.e. in connection with the preparation of the Preliminary Official Statement in its final form and pricing of the Bonds) and after the date of the Purchase Agreement and prior to the issuance of the Bonds (i.e. in connection with the preparation and distribution of the final official statement and the sale of the Bonds) that if existing or known at the date thereof would render any of its representations or warranties set forth herein to be untrue or misleading or might adversely affect the correctness or completeness of any statement of a material fact contained in the Preliminary Official Statement or the final official statement concerning the Issuer under the captions "THE ISSUER" and"LITIGATION". Section 2. Authorization of the Project and Issuance of the Bonds. The undersigned, as the applicable elected representative of the Issuer,hereby approves of the Project for purposes of Section 147(f) of the Code. Under and pursuant to the provisions of the Act, the Issuer hereby authorizes the execution, issuance, sale and delivery to the Underwriter in consideration of payment therefor, of the Bonds, the proceeds of the sale thereof to be used for the purpose of refunding the 1990 Bonds. Section 3. Approval of the Forms of Documents. The form, content and provisions of the Indenture, the Financing Agreement, the Land Use Restriction Agreement, the Intercreditor Agreement and the Bond Purchase Agreement presented to this meeting of the City Council of the Issuer, are approved; and the Mayor and the City Manager of the Issuer are hereby authorized, empowered and directed to execute, acknowledge and deliver said documents in the name, and on behalf, of the Issuer. Said documents are to be in substantially the form now before this meeting of the City Council of the Issuer, or with such changes therein as shall be approved by the officers of the Issuer executing the same, their execution thereof to constitute conclusive evidence of their approval of any and all such changes or revisions. The officers of the Issuer are hereby authorized, empowered and directed, from and after the execution and delivery of said documents, to do all acts and things, and execute all documents, as may be necessary or convenient to carry out, and comply with, the provision of said documents, as executed and delivered. Section 4. Approval of the Bonds. The form, content and provisions of the Bonds, as set forth in the Indenture and as presented to this meeting of the City Council of the Issuer, subject to appropriate insertions and revisions, are hereby approved, and the appropriate officers of the Issuer are hereby authorized, empowered and directed to execute, by manual or facsimile signature, attest and deliver to the Trustee for authentication, and thereafter,to deliver or cause to be delivered to the Underwriter, the Bonds in consideration of payment therefor in the name and 14 on behalf of the Issuer. The Bonds are to be substantially the form now before this meeting of the City Council of the Issuer, or with such changes therein as shall be approved by the officers of the Issuer executing the same (provided that the final maturity of the Bonds shall not be later than September 30, 2031 and the initial interest rate on the Bonds shall be the rate determined as set forth in the form of the Indenture and approved by the officers of the Issuer executing the Bond Purchase Agreement), their execution thereof to constitute conclusive evidence of their approval of any and all such changes or revisions. When the Bonds shall be executed, attested, authenticated and delivered in the manner contemplated herein, in the aggregate principal amount not to exceed Fourteen Million Nine Hundred Five Thousand ($14,905,000), they shall conclusively be the approved form ofthe Bonds. Section 5. Approval of Underwriting and the Preliminary Official Statement and the Official Statement. The selection of Dougherty & Company LLC as Underwriter by the Borrower is acknowledged, approved and accepted and the form, content and provisions of the proposed form of Preliminary Official Statement, as presented to this meeting of the Issuer, relating the Bonds and the distribution of the Preliminary Official Statement and a final Official Statement in substantially the form of the Preliminary Official Statement (the "Official Statement") by the Underwriter are hereby approved, provided, however, that the Issuer makes no representations as to statements and information contained therein not furnished by the Issuer. The Mayor and the City Manager of the Issuer is hereby authorized, empowered, and directed to execute the Official Statement in the name, and on behalf, of the Issuer, and the Issuer hereby consent to the lawful use of the Official Statement by the Underwriter. Said Preliminary Official Statement and said Official Statement are to be in substantially the form now before this meeting of the Issuer, or with such changes therein as shall be approved by the officers of the Issuer, their execution of the Official Statement and the Bond Purchase Agreement to constitute conclusive evidence of their approval of any and all such changes or revisions. Section 6. Redemption of 1990 Bonds. The redemption of the 1990 Bonds is hereby approved and the delivery by the trustee for the holders of the 1990 Bonds of a conditional notice of redemption in accordance with the terms of the indenture under which the 1990 Bonds were issued is hereby ratified. Upon payment or provision for payment of the 1990 Bonds with the proceeds of the Bonds, the officers of the Issuer are hereby authorized and directed to request and direct the trustee for the holders of the 1990 Bonds to release, cancel and discharge the lien of the indenture under which the 1990 Bonds were issued and to do and cause to be done on behalf of and in the name of the Issuer all things requisite and necessary under such indenture to effect such release, cancellation and discharge of the lien of such indenture. The officers of the Issuer are authorized and directed to execute and deliver such other documents and to take such other action as may be necessary or proper to effect the refunding of the 1990 Bonds and the refinancing of the Project. Section 7. Incidental Action. The officers of the Issuer are hereby authorized and directed to execute in the name and behalf of the Issuer any other documents and certificates necessary to the transaction described above and copies of all of the documents necessary to the transaction herein described shall be delivered, filed and recorded as provided in the Financing Agreement, the Land Use Restriction Agreement and the Indenture. The Mayor, City Manager, City Clerk and other officers of the Issuer are further authorized and directed to prepare and furnish to the Underwriter and Bond Counsel certified copies of all proceedings and records of the Issuer relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them. Section 8. Limitation of the Issuer's Obligation. Notwithstanding anything contained in the Bonds or the documents referred to herein, the Bonds, interest thereon, and any penalty, charge, or premium or any amounts payable thereunder, or however designated are special limited obligations of the Issuer payable solely from the revenues and proceeds pledged thereto. The Bonds and the interest thereon do not constitute nor give rise to a pecuniary liability, general or moral obligation or a pledge of the full faith and credit or taxing power of the Issuer, the State of Minnesota, or any political subdivision of the State of Minnesota within the meaning of any constitutional or statutory limitations and are not payable from or a charge upon any funds of the Issuer other than the revenues and proceeds pledged by the Issuer to the payment thereof and do not give rise to a pecuniary liability of the Issuer nor of any of its officers, agents or employees and no holder of a Bond shall ever have the right to compel any exercise of the taxing power of the Issuer or the State or any of its political subdivisions to pay the Bonds or to enforce payment thereof against any property of the Issuer. The Bonds do not constitute a charge, lien or encumbrance, legal or equitable upon any property of the Issuer and the agreement of the Issuer to perform or cause the performance of the covenants and other provisions herein referred to shall be subject at all times to the availability of revenues or other funds furnished for such purpose in accordance with the Financing Agreement, sufficient to pay all costs of such performance or the enforcement thereof. Neither the State of Minnesota nor any political subdivision of the State of Minnesota nor the Issuer shall be obligated to pay the principal of the Bonds, the interest thereon or other costs incident thereto except from revenues pledged therefor under the Indenture, as more fully set forth in the Indenture. Neither the full faith and credit nor the taxing power, if any, of the Issuer, the State of Minnesota, nor any political subdivision thereof is pledged to the payment of the principal of the Bonds or the interest thereon or other costs incident thereto. The Bonds are not a debt of the United States of America, HUD, FHA, GNMA or any other agency thereof and are not guaranteed by the full faith and credit of the United States of America. The Bonds are neither a moral nor an annual appropriation obligation of the Issuer, the State or any political subdivision thereof. The agreement of the Issuer to perform the covenants and other provisions contained in this resolution or the Bonds or the documents shall be subject at all times to the availability of the revenues furnished by the Developer sufficient to pay all costs of such performance or the enforcement thereof, and the Issuer shall not be subject to any personal or pecuniary liability thereon. Section 9. Captions. The captions or headings in this Resolution are for convenience only and shall in no way define, limit, or describe the scope or intent of any provision hereof. Approved and adopted this 7th day of August, 2001. Jean L. Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims August 7,2001 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 101412-102472 Wire Transfers 1091-1104 Background Information Attachments 1 City of Eden Prairie Council Check Summary 8/7/2001 Division Amount General 789,624 101 Legislative 4,497 102 Legal Counsel 48,896 110 City Clerk 1,423 111 Customer Service 22,757 112 Human Resources 4,977 113 Communication Services 16,489 114 Benefits&Training 9,898 115 Risk Management 148,723 116 Facilities 43,322 130 Assessing 1,608 131 Finance 3,896 132 Housing Trans Social Service 28,088 133 Community Development 1,443 134 Heritage Preservation 4,097 135 Information Technology 37,980 136 Wireless Communication 5,684 150 Park Administration 1,811 151 Park Maintenance 52,622 153 Athletic Programs 21,271 154 Community Center 50,629 155 Beaches 624 156 Youth Programs 26,972 157 Special Events 34,346 158 Senior Center 3,758 159 Recreation Administration 8 160 Adaptive Recreation 457 161 Oak Point Pool 706 162 Arts 13,379 163 Park Facilities 3,164 180 Police 78,210 183 Civil Defense 126 184 Fire 11,035 185 Animal Control 1,676 186 Inspections 436 200 Engineering 14,522 201 Street Maintenance 104,213 202 Street Lighting 105,390 203 Fleet Services 48,600 117 City Center 2,404 300 Heritage Preservation Grants 27,636 301 CDBG 26,479 303 Cemetary Operation 1,218 312 Recycle Rebate 5,631 405 Park Bonds 1992A 1993A 375 406 Water/Sewer Refunding 1978 18,375 City of Eden Prairie Council Check Summary 8/7/2001 Division Amount 407 Utility Bonds Arbitrage 750 502 Park Development 46,932 503 Utility Improvement 17,511 506 Improvment Bonds 1996 402,417 507 TIF Improvement Fund 14,712 509 CIP Fund 393,085 511 Construction Fund 1,053 601 Prairie Village Liquor 212,517 602 Den Road Liquor 309,227 603 Prairie View Liquor 178,250 701 Water Fund 209,329 702 Sewer Fund 181,367 703 Storm Drainage Fund 21,930 806 SAC Agency Fund 52,900 803 Escrow Fund 1,388,669 800 TIF 92,036 800 TIF 14,477 800 TIF 10,206 Grand Total 5,376,844 3 City of Eden Prairie Council Check Register 8/7/2001 Check# Amount Vendor Account Description Business Unit 1091 61,021 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 1093 18,375 WELLS FARGO MINNESOTA N A Interest Water&Sewer Refund Bond 1979 1094 182,299 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund 1095 36,186 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1096 13,416 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1097 7,704 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1098 470 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 1099 62,720 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 1100 147,484 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund 1101 26,680 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1102 13,296 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1103 7,854 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1104 72,337 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 101412 250 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 101413 120 ALTMANN JOY Homeward Hills Bldg Park Facilities 101414 568 DENARDO LINDA Repair&Maint.Supplies 2000 Rehab 101415 400 DUBOIS JANET Instructor Service Outdoor Center 101416 180 GE CAPITAL Riley Lake Shelter Park Facilities 101417 225 GOVERNMENT FINANCE OFFICERS AS Awards Finance 101418 1,439 HARRISS ARCHITECTS INC Deposits Escrow 101419 62 HENNEPIN COUNTY TREASURER-TAXP Other Contracted Services Parks Administration 101420 621 HOME DEPOT/GECF Repair&Maint.Supplies Miller Park 101421 27 ITASCA GREENHOUSE INC Landscape Materials/Supp Reforestation 101422 409 KAHNKE BROTHERS Deposits Escrow 101423 40 KORZENOWSKI STEVE Instructor Service Outdoor Center 101424 13 KRAEMERS HARDWARE INC Recreation Supplies Softball 101425 125 MENARDS Repair&Maint.Supplies Sewer System Maintenance 101426 477 OTTERNESS RON Instructor Service Outdoor Center 101427 4,492 PRAIRIE PARTNERS SIX LLP Licenses&Taxes Prairie Village Liquor Store 101428 98,458 XCEL ENERGY Electric Street Lighting 101429 2,429 Qwest COMMUNICATIONS Telephone Police 101430 202 ASTRO JUMP Other Contracted Services July 4th Celebration 101431 100 BARCLAY PAULA Refunds Environmental Education 101432 100 BENTZ DON Refunds Environmental Education 101433 200 BERHARD MAKALAPUA Other Contracted Services July 4th Celebration 101434 20 COFFMAN WILLIAM Program Fee Preschool Playground 101435 25 COLE MARY JO Program Fee Tennis 101436 597 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 101437 200 DANIELSON ROBERT C. Other Contracted Services July 4th Celebration 101438 84 DOSSA DAN Lessons&Classes Pool Lessons 101439 1,500 EDEN PRAIRIE FIREFIGHTER'S REL Other Deductions General Fund 101440 1,285 ELAN FINANCIAL SERVICES Conference Expense City Council 101441 1,275 GAME WORLD Other Contracted Services July 4th Celebration 101442 100 GETZ PAMELA Refunds Environmental Education 101443 100 GROOTWASSINK CHRISTY Refunds Environmental Education 101444 282 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 101445 15 HIVELY BARBARA Program Fee Preschool Playground 101446 551 JONASON MARVIN Operating Supplies Summer Theatre 101447 24 JUNSO MARY JO Program Fee Afternoon Playground 101448 1,200 KENNETH COMPANIES INC Other Contracted Services Pleasant Hill Cemetary 101449 1,171 KINGSTON JEREMY Other Contracted Services 2000 Rehab 101450 295 LEAGUE OF MINNESOTA CITIES Conference Expense City Council 101451 45 LUND TERESA Lessons&Classes Pool Lessons 101452 2 MALLAM KATIE Lessons&Classes Fitness Classes 101453 250 MEIER ELLEN Other Contracted Services Summer Theatre 101454 525 MERRY BOB MUSIC INC Other Contracted Services July 4th Celebration 101455 2,639 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 101456 225 MINN NCPERS GROUP LIFE INSURAN Life Insurance Employees General Fund 101457 114 MINNESOTA CITY/COUNTY MANAGEME Dues&Subscriptions City Council 101458 500 MISTY AND FRIENDS MOBILE ZOO Other Contracted Services July 4th Celebration 101459 73 OLD DUTCH FOODS Operating Supplies Summer Safety Camp 101460 240 ON BELAY OUTDOOR ADVENTURES Instructor Service Outdoor Center 101461 500 PETTY CASH-TRIA MANN Operating Supplies July 4th Celebration 101462 650 RICHARD ALAN PRODUCTIONS Other Contracted Services July 4th Celebration 101463 40 SCOTTAMY Program Fee Preschool Playground 101464 100 SINCLAIR STEVE Refunds Environmental Education 101465 392 SIR KNIGHT CLEANERS Operating Supplies Summer Theatre 101466 35 STEIGAUFANDREE Program Fee Tennis 101467 100 STROMBERG STEVEN SCOTT Other Contracted Services July 4th Celebration 101468 3,000 TEMPORARY HEROES INC Other Contracted Services July 4th Celebration 101469 490 TONKA SEAMLESS GUTTERS Other Contracted Services 2000 Rehab 1 City of Eden Prairie . Council Check Register 8/7/2001 Check# Amount Vendor Account Description Business Unit 101470 35 TORKELSON MARILYNN Program Fee Tennis 101471 1,022 UNITED WAY United Way Withheld General Fund 101472 35 WAHLERS KATHY Program Fee Summer Safety Camp 101473 15 WIEGAND JANE Program Fee Preschool Playground 101474 12 YATES GLENN Lessons&Classes Fitness Classes 101475 132 ACE ICE COMPANY Misc Taxable Prairie View Liquor Store 101476 225 ALL SAINTS BRANDS DISTRIBUTING Beer Prairie View Liquor Store 101477 103 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 101478 1,950 BELLBOY CORPORATION Liquor Prairie Village Liquor Store 101479 5,636 DAY DISTRIBUTING Beer Den Road Liquor Store 101480 816 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 101481 11,271 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store 101482 96 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 101483 744 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 101484 10,394 GRIGGS COOPER&CO Liquor Den Road Liquor Store 101488 26,416 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 101489 2,393 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 101490 7,318 MARK VII Beer Den Road Liquor Store 101491 669 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 101492 854 NORTH STAR ICE Misc Taxable Den Road Liquor Store 101493 2,275 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 101494 204 PEPSI COLA COMPANY Misc Taxable Den Road Liquor Store 101496 14,489 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 101497 716 PINNACLE DISTRIBUTING Tobacco Products Den Road Liquor Store 101498 1,803 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 101499 13,950 QUALITY WINE&SPIRTS CO Wine Domestic Den Road Liquor Store 101500 15,308 THORPE DISTRIBUTING Beer Den Road Liquor Store 101501 211 WINE COMPANY THE Wine Domestic Prairie Village Liquor Store 101502 200 ANOKA COUNTY SHERIFF'S DEPT Deposits Escrow 101503 150 BLUE EARTH COUNTY SHERIFF'S DE Deposits Escrow 101504 1,443 CONNEY SAFETY PRODUCTS Protective Clothing Water Treatment Plant 101505 100 HUTCHINSON CITY OF Other Rentals Police 101506 225 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Treatment Plant 101507 2,722 QWEST Telephone General 101508 19 RICHFIELD CITY OF Operating Supplies Fleet Services 101509 65 AUSOTH MOLLY Lessons&Classes Fitness Classes 101510 200 BERHARD MAKALAPUA Other Contracted Services Staring Lake Concert 101511 150 BOSS PEGGY Program Fee Athletics 101512 40 BOURASSA CANDACE Lessons&Classes Oak Point Lessons 101513 65 BREISACHER CHRIS Lessons&Classes Fitness Classes 101514 65 CARREON BREEHAN Lessons&Classes Fitness Classes 101515 3 CHEN YUN Program Fee Summer Skill Development 101516 396 D'AMICO AND SONS Operating Supplies Fire 101517 1,092 DELEGARD TOOL CO Capital Under$2000 Water Treatment Plant 101518 40 DEPARTMENT OF AGRICULTURE Other Contracted Services Water Treatment Plant 101519 39 DEPOE DIANE Program Fee Adult Program 101520 10 DEPT OF LABOR&INDUSTRY Licenses&Taxes Fire Station#3 101521 7 DERUDDER GERRY Program Fee Senior Center Program 101522 24 FARICY-HOBSON SHEILA Mileage&Parking Oak Point Operations 101523 48 GOEL AMRITA Lessons&Classes Ice Arena 101524 10 HANSON JUNE Program Fee Senior Center Program 101525 39 HEIN ORV Program Fee Adult Program 101526 168 HILGENKAMP SUE Lessons&Classes Pool Lessons 101527 39 HOLTER LOIS Program Fee Adult Program 101528 1,000 J A PRICE AGENCY INC Insurance Risk Management 101529 40 JOHNS VALERIE Program Fee Preschool Playground 101530 84 JOHNSON BARBARA Lessons&Classes Pool Lessons 101531 60 KACZMARCYK MICHELLE Lessons&Classes Fitness Classes 101532 6 KADLEC EVELYN Program Fee Senior Center Program 101533 130 LOVELL CAROL Lessons&Classes Fitness Classes 101534 30 M SHANKEN COMMUNICATIONS INC Misc Non-Taxable Den Road Liquor Store 101535 309 MAROTTA VIC Other Contracted Services Summer Skill Development 101536 7 MAZZOLINI PHYLLIS Program Fee Senior Center Program 101537 39 MCMAHON FLORENCE Program Fee Adult Program 101538 364 MEDICINE LAKE TOURS Special Event Fees Adult Program 101539 65 MENDENHALL PAM Lessons&Classes Fitness Classes 101540 39 MILLER MAGDALEN Program Fee Adult Program 101541 246 MINNEAPOLIS AREA ASSOC OF REAL Operating Supplies Assessing 101542 39 NICHOLSON KAY Program Fee Adult Program 101543 36 OGDEN STEPHANIE Program Fee Summer Skill Development 101544 39 PEDERSON MERCEDES Program Fee Adult Program City of Eden Prairie Council Check Register 8/7/2001 Check# Amount Vendor Account Description Business Unit 101545 16 PETIL ESTRELLA Program Fee Afternoon Adventure 101546 400 PLATENBERG CATHY&TOM Other Contracted Services Staring Lake Concert 101547 391 REBS MARKETING Other Contracted Services Water Accounting 101548 39 REINECK LINDA Program Fee Adult Program 101549 7 SCHAITBERGER BETTY Program Fee Senior Center Program 101550 19 SCHMITZ JEFF Program Fee Preschool Playground 101551 175 SCOTT COUNTY SHERIFFS DEPT Deposits Escrow 101552 40 SCOTT AMY Program Fee Preschool Playground 101553 37 TOMLINSON TERRI Lessons&Classes Pool Lessons 101554 25 TRANTINA BILL Program Fee Afternoon Playground 101555 74 VANDUSEN AMY Lessons&Classes Pool Lessons 101556 222 WASTE MANAGEMENT-SAVAGE MN Waste Disposal Prairie Village Liquor Store 101557 63 BARTEL JILL ANNE Other Contracted Services Teen Work Program\ 101558 400 BCA/FORENSIC SCIENCE LABORATOR Tuition Reimbursement/School Police 101559 29 BERG JEFFREY Clothing&Uniforms Police 101560 39 BISHOFF DANIEL DIEGO Other Contracted Services Teen Work Program\ 101561 30 BLUHM ELLEN ELIZABETH Other Contracted Services Teen Work Program\ 101562 1,025 GEMSTONE Asphalt Overlay Street Maintenance 101563 67 CHILDERS LEAH ELIZABETH Other Contracted Services Teen Work Program\ 101564 15 CHRISTENSEN CAROL M. Other Contracted Services Teen Work Program\ 101565 81 CORPORATE AUTO RENTALS INC Other Rentals Tennis 101566 20 CRAFTY KIDS Dues&Subscriptions Youth Programs Administration 101567 20 ENDRES SARAH LYNN Other Contracted Services Teen Work Program\ 101568 27 GILLES EMILY ROSE Other Contracted Services Teen Work Program\ 101569 24 GRADY SEAN M. Other Contracted Services Teen Work Program\ 101570 39 HEATON CHELSEA S. Other Contracted Services Teen Work Program\ 101571 114 IKON OFFICE SOLUTIONS* Other Rentals Fire 101572 42 KISTNER BRIAN T. Other Contracted Services Teen Work Program\ 101573 35 KOKESH JOSEPH N. Other Contracted Services Teen Work Program\ 101574 34 KRAUSE ZACHARY H. Other Contracted Services Teen Work Program\ 101575 46 LINDAHL ASHLEY I. Other Contracted Services Teen Work Program\ 101576 57 MASON KEITH D. Other Contracted Services Teen Work Program\ 101577 225 MILE Tuition Reimbursement/School Police 101578 129 MILLARD CHRIS Clothing&Uniforms Police 101580 6 MINNESOTA DEPARTMENT OF PUBLIC Other Contracted Services Finance 101581 4 MINNESOTA DEPT OF PUBLIC SAFET Other Contracted Services Finance 101582 1,084 MINNESOTA HIGHWAY SAFETY&RES Tuition Reimbursement/School Police 101583 114 MUELLER CYNTHIA Mileage&Parking Round Lake Beach 101584 48 MUSTON JAMES Other Contracted Services Teen Work Program\ , 101585 20 NORTH MEMORIAL HEALTH CARE Tuition Reimbursement/School Police 101586 40 O'BRIEN COLLIN L. Other Contracted Services Teen Work Program\ 101587 61 O'BRIEN THEA M. Other Contracted Services Teen Work Program\ 101588 230 PROGRESSIVE BUSINESS PUBLICATI Dues&Subscriptions In Service Training 101589 24 RANDOLPH MACKENZIE L. Other Contracted Services Teen Work Program\ 101590 39 ROBINSON NATHAN A. Other Contracted Services Teen Work Program\ 101591 18 SEELING BENJAMIN J. Other Contracted Services Teen Work Program\ 101592 80 SHEA CHRISTOPHER T. Other Contracted Services Teen Work Program\ 101593 25 SOCIAL SECURITY ADMINISTRATION Other Contracted Services Finance 101594 60 STRICHARCHUK ALEISA R. Other Contracted Services Teen Work Program\ 101595 40 UNITED STATES POLICE CANINE AS Dues&Subscriptions Police 101596 35 WANG LEKAN Other Contracted Services Teen Work Program\ 101597 39 WIKLUND KELLY JO Other Contracted Services Teen Work Program\ 101598 73 WORKMAN MATTHEW J. Other Contracted Services Teen Work Program\ 101599 24 YOUNGHANS NEAL Other Contracted Services Teen Work Program\ 101600 100 ANOKA COUNTY SHERIFF'S OFFICE Other Rentals Police 101601 95 APWA Operating Supplies Fleet Services 101602 118 ESBENSEN GEORGE Miscellaneous Fire 101606 1,621 GENUINE PARTS COMPANY Equipment Parts Fleet Services 101607 250 GRABER MATT Instructor Service Outdoor Center 101608 56 HENNEPIN COUNTY TREASURER-SURV Operating Supplies Engineering 101609 65 KACZMARCYK RENEE Lessons&Classes Fitness Classes 101610 134,745 MEDICA CHOICE Employees Health Ins General Fund 101611 20,000 MELROSE PYROTECHNICS INC Other Contracted Services July 4th Celebration 101613 941 MENARDS Operating Supplies Arts 101614 90 MILLER LOUISE Instructor Service Outdoor Center 101615 198 MINNESOTA DEPT OF PUBLIC SAFET Bike Registrations General Fund 101616 595 NATIONAL LEAGUE OF CITIES Conference Expense City Council 101617 367 NEXTEL COMMUNICATIONS Pager&Cell Phone Police • 101618 550 NORDIN CHRISTINE A. Other Contracted Services Staring Lake Concert 101619 75 OTTERNESS RON Instructor Service Outdoor Center 101620 650 SHOW PRO CORPORATION Other Contracted Services Staring Lake Concert City of Eden Prairie Council Check Register 817/2001 Check# Amount Vendor Account Description Business Unit 101621 388 TEKIELA STAN Operating Supplies Outdoor Center 101622 350 TWIN CITIES CHORUS OF SWEET AD Other Contracted Services Staring Lake Concert 101623 128 WASTE MANAGEMENT-SAVAGE MN Waste Disposal Den Road Liquor Store 101624 1,396 XCEL ENERGY Electric Traffic Signals 101625 3,738 ARCH PAGING Pager&Cell Phone Wireless Communication 101626 417 ARROWVVOOD RADISSON RESORT Travel Expense In Service Training 101627 129 CENTURY SPORTS INC Recreation Supplies Summer Skill Development 101628 185 CHAN ALICE Lessons&Classes Pool Lessons 101629 21 COOK BRAD Program Fee Afternoon Playground 101630 35 COSGROVE TERESA Program Fee Summer Safety Camp 101631 114 CRACAUER CLIFF Mileage&Parking Fleet Services 101632 55 EGLSEDER JANE Program Fee Summer Skill Development 101633 40,747 ELIM CARE INC Interest Subsidy TIF Elim Shores&PV Apartment 101634 115 FEDEX Postage General 101635 900 FUGLIE LISA Other Contracted Services Staring Lake Concert 101636 55 HAMILTON CARMEN Program Fee Summer Skill Development 101637 100 HASHW MANAL Program Fee Afternoon Playground 101638 1,439 HENNEPIN COUNTY Deposits Escrow 101639 123 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 101640 15 HENNEPIN PARKS Special Event Fees Senior Center Program 101641 450 HINDING CHRIS Other Contracted Services Staring Lake Concert 101642 185 HOLLERUNG STEVE Lessons&Classes Pool Lessons 101643 487 ICI DULUX PAINT CTRS Building Repair&Maint. Water Treatment Plant 101644 235 IKON OFFICE SOLUTIONS* Office Supplies General 101645 18 JEZIERSKI MICHELLE Program Fee Summer Skill Development 101646 50 JUNSO MARY JO Program Fee Afternoon Playground 101647 600 KOGEN TAIKO Other Contracted Services Staring Lake Concert 101648 71 KOTIFANI HANI Program Fee Afternoon Playground 101649 200 KRAHL LARRY Refunds Environmental Education 101650 525 MERRY BOB MUSIC INC Other Contracted Services Staring Lake Concert 101651 2,639 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 101652 56 MINNCOMM PAGING Pager&Cell Phone Sewer System Maintenance 101653 400 MINNESOTA GFOA Conference Expense In Service Training 101654 400 MONROE MICHAEL Other Contracted Services Staring Lake Concert 101655 25 MONSEN JOE Program Fee Afternoon Playground 101656 200 PETERSON KIRA Refunds Environmental Education 101657 284 PETTY CASH Miscellaneous Golden Triange Study 101658 51,289 PRAIRIE VILLAGE LMTD PARTNERSH Interest Subsidy TIF Elim Shores&PV Apartment 101659 4,763 PRUDENTIAL INSURANCE CO OF AME Life Insurance Employees General Fund 101660 100 QUICKSILVER EXPRESS COURIER Postage General 101661 14,477 REAL ESTATE EQUITY Interest Subsidy Columbine Road 101662 200 REXROAT URSULA Refunds Environmental Education 101663 44 RICHFIELD CITY OF Operating Supplies Fleet Services 101664 270 SNAP-ON TOOLS Other Contracted Services Fleet Services 101665 1,353,693 SOUTHWEST METRO TRANSIT Deposits Escrow Fund 101666 50 SPORTSIGN Other Contracted Services Accessibility 101667 26 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 101668 10,206 STUART MANAGEMENT COMPANY Interest Subsidy Edenvale TIF District 101669 1,250 TIMBER CREST CONSTRUCTION Other Contracted Services 2000 Rehab 101670 100 TYRA-LUKENS NANCY Refunds Environmental Education 101671 8,500 VON COMPANIES Other Contracted Services 2000 Rehab 101672 100 WAGNER WENDA Refunds Environmental Education 101673 134 WALMART COMMUNITY Video&Photo Supplies Communication Services 101674 7,850 WELLINGTON WINDOWS Other Contracted Services 2000 Rehab 101675 65 WRIGHT IRENE Mileage&Parking Golden Triange Study 101676 2,818 XCEL ENERGY Waste Disposal Water Treatment Plant 101677 209 XCEL ENERGY Electric Traffic Signals 101678 190 ACE ICE COMPANY Misc Taxable Prairie View Liquor Store 101679 663 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 101680 44 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 101681 2,427 BELLBOY CORPORATION Liquor Prairie Village Liquor Store 101682 6,334 DAY DISTRIBUTING Beer Den Road Liquor Store 101683 9,483 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 101684 15,515 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 101685 408 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 101686 13,816 GRIGGS COOPER&CO Liquor Den Road Liquor Store 101687 258 HOHENSTEINS INC Beer Den Road Liquor Store 101690 20,644 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 101691 2,118 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 101693 8,069 MARK VII Beer Den Road Liquor Store 101694 807 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 7 City of Eden Prairie Council Check Register 8/7/2001 Check# Amount Vendor Account Description Business Unit 101695 452 NORTH STAR ICE Misc Taxable Den Road Liquor Store 101696 213 PAUSTIS&SONS COMPANY Wine Domestic Prairie View Liquor Store 101697 6,095 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 101698 839 PINNACLE DISTRIBUTING Misc Non-Taxable Den Road Liquor Store 101699 3,497 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 101700 11,013 QUALITY WINE&SPIRTS CO Liquor Den Road Liquor Store 101701 13,562 THORPE DISTRIBUTING Beer Den Road Liquor Store 101702 1,593 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 101703 170 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 101704 419 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station#5 101705 6 AT&T Telephone Prairie View Liquor Store 101706 42 BRIGGS JACQUELYNN Lessons&Classes Pool Lessons 101707 39 CAMPION MOIRA Lessons&Classes Oak Point Lessons 101708 79 COMMUNICATION BRIEFINGS Dues&Subscriptions Human Resources 101709 37 DECKER DUANE Lessons&Classes Pool Lessons 101710 281 DMX/MINNEAPOLIS Other Contracted Services Prairie View Liquor Store 101711 116 DOURTE VICTOR Program Fee , Adult Program 101712 39 EL-KISHAWY JOE Lessons&Classes Oak Point Lessons 101713 42 FOSS SCOT Lessons&Classes Oak Point Lessons 101714 33 GOEL AMRITA Lessons&Classes Oak Point Lessons 101715 668 HENNEPIN COUNTY Waste Disposal Park Maintenance 101716 83 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 101717 680 HOLMES JOHN CARTER Other Contracted Services Softball 101718 175 J H LARSON ELECTRICAL COMPANY Repair&Maint.Supplies General Facilities 101719 3,036 KMC TELECOM HOLDINGS INC. Telephone General 101720 25,000 LEAGUE OF MINNESOTA CITIES Insurance Risk Management 101721 71 MANN TRIA Mileage&Parking Arts 101722 77 MERLINS ACE HARDWARE Repair&Maint.Supplies Maintenance 101723 200 MIAMA Conference Expense In Service Training 101724 1,972 MINNEGASCO Gas Water Treatment Plant 101725 1,080 MINNESOTA BUREAU OF CRIMINAL A Employment Support Test Human Resources 101726 2,500 MINNESOTA CHIEFS OF POLICE ASS Computers Police 101727 3,107 MINNESOTA DEPT OF REVENUE Licenses&Taxes Finance 101728 980 MINNESOTA VALLEY ELECTRIC COOP Electric Street Lighting 101729 192 MUHLHAUSER WENDY Instructor Service Preschool Events 101730 160 NATIONAL RECREATION AND PARKA Dues&Subscriptions Human Resources 101731 1,638 NILSSON BETH Instructor Service Ice Arena 101732 35 NJUGUNA BEATRICE Program Fee Summer Skill Development 101733 31 PAPER WAREHOUSE Employee Award Human Resources 101734 35 PETERSON DARLENE Program Fee Summer Safety Camp 101735 174 PETTY CASH-POLICE DEPT Office Supplies Police 101740 8,403 QWEST Telephone Police 101741 70 ROBERTS DEBORAH Program Fee Preschool Events 101742 5 ROSOL SARA Lessons&Classes Oak Point Lessons 101743 37 SHERWIN JULIE Lessons&Classes Oak Point Lessons 101744 400 SNOUFFER MICHAEL Other Contracted Services Staring Lake Concert 101745 96 STEWART DENISE Lessons&Classes Ice Arena 101746 84 TOMLINSON TERRI Lessons&Classes Oak Point Lessons 101747 210 VAN HORNE RICHARD AR Utility Water Enterprise Fund 101748 537 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Street Maintenance 101749 25 WADNAL SHARON Program Fee Afternoon Playground 101750 2,658 XCEL ENERGY Electric Traffic Signals 101751 525 A P LAWN INC Other Contracted Services Fire Station#1 101752 34 A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance 101753 286 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Water System Maintenance 101754 86 ABM EQUIPMENT AND SUPPLY COMPA Equipment Parts Fleet Services 101755 312 ADVANTAGE FIRST AID AND SAFETY Safety Supplies Risk Management 101756 494 ADVERTISING INCENTIVES Clothing&Uniforms Prairie Village Liquor Store 101757 1,658 AIR POWER EQUIPMENT CORPORATIO Equipment Repair&Maint Fleet Services 101758 232 AIRGAS SAFETY Protective Clothing Water Treatment Plant 101759 145 AMERICAN RED CROSS Operating Supplies Risk Management 101760 158 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 101761 3,035 ANCHOR PRINTING COMPANY Printing July 4th Celebration 101762 379 ANCOM COMMUNICATIONS INC Capital Under$2000 Wireless Communication 101763 800 ANDERBERG CRAIG W. Other Contracted Services Athletic Programs Admin 101764 261 ANOKA COUNTY SHERIFF'S OFFICE Other Rentals Police 101765 4 APPLE FORD SHAKOPEE Equipment Parts Fleet Services 101766 443 AQUA ENGINEERING INC Building Repair&Maint. Water Treatment Plant 101767 328 AQUA LOGIC INC Repair&Maint Supplies Pool Maintenance 101768 2,000 ARLT TIMOTHY CHARLES Other Contracted Services Maintenance 101769 482 AUDIOQUIP INC Other Rentals Summer Theatre 5 City of Eden Prairie Council Check Register 8/7/2001 Check# Amount Vendor Account Description Business Unit 101770 625 AUTO ELECTRIC SPECIALISTS Equipment Parts Fleet Services 101771 2,066 BACONS ELECTRIC COMPANY Improvement Contracts Utility Improvement Fund 101772 1,369 BARR ENGINEERING COMPANY Other Contracted Services Park Acquisition&Development 101773 975 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 101774 226 BECKER ARENA PRODUCTS INC Repair&Maint Supplies Ice Arena 101775 945 BENIEK PROPERTY SERVICES INC. Other Contracted Services Fire Station#2 101776 4,537 BILL CLARK OIL CO INC Lubricants&Additives Fleet Services 101777 6,255 BITUMINOUS ROADWAYS INC Asphalt Overlay Park Acquisition&Development 101778 183 BLOOMINGTON SECURITY SOLUTIONS Repair&Maint.Supplies City Center Operations 101779 85 BMS INTEGRATED OFFICE TECHNOLO Equipment Repair&Maint Police 101780 9,720 BRAUN INTERTEC CORPORATION Design&Engineering Improvement Projects 1996 101781 636 BRIN NORTHWESTERN GLASS COMPAN Other Contracted Services Water Treatment Plant 101782 585 BRO-TEX INC Equipment Parts Fleet Services 101783 60 BROWN CHAD Other Contracted Services Softball 101784 1,148 BROWN PAUL Other Contracted Services Volleyball 101785 13,761 CANON Other Assets Engineering 101786 288 CARGO PROTECTORS INC Operating Supplies Sewer Liftstation 101787 437 CATCO CLUTCH&TRANSMISSION SE Equipment Repair&Maint Fleet Services 101788 1,598 CEMSTONE Asphalt Overlay Street Maintenance 101789 6,092 CENTRAIRE INC Building Repair&Maint. Public Works/Parks 101790 2,380 CHAD NESTOR&ASSOCIATES Other Contracted Services Communication Services 101791 577 CHANHASSEN BUMPER TO BUMPER Equipment Parts Fleet Services 101792 225 CHIEF'S TOWING INC Equipment Repair&Maint Fleet Services 101793 258 CONSTRUCTION BULLETIN Legal Notices Publishing Utility Improvement Fund 101794 393 CONSTRUCTION MATERIALS INC Repair&Maint.Supplies Storm Drainage 101795 803 CORPORATE EXPRESS Office Supplies General 101796 287 CUB FOODS EDEN PRAIRIE Operating Supplies Outdoor Center 101797 4,983 CURB MASTERS INC Other Contracted Services Staring Lake 101798 1,344 CUSTOM CANVAS INC. Equipment Repair&Maint Water Treatment Plant 101799 6,523 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 101800 455 CY'S UNIFORMS Clothing&Uniforms Police 101801 20 DAGGETT NATHAN Other Contracted Services Softball 101802 2,544 DAHLGREN SHARDLOWAND UBAN Deposits Escrow 101803 53 DALE GREEN COMPANY THE Landscape Materials/Supp Water System Maintenance 101804 179 DELEGARD TOOL CO Equipment Parts Fleet Services 101805 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance Information Technology 101806 160 DESAULNIERS DAN Other Contracted Services Softball 101807 519 DISCOUNT SCHOOL SUPPLY Recreation Supplies Afternoon Adventure 101808 2,515 DMX/MINNEAPOLIS Capital Under$2000 Prairie Village Liquor Store 101809 3,757 DPC INDUSTRIES INC Chemicals Water Treatment Plant 101811 748 DRISKILLS NEW MARKET Operating Supplies July 4th Celebration 101812 16,183 DRT TRANSPORT Other Contracted Services Lime Sludge 101813 918 DUSTCOATING INC Roads-Dust Control Gravel Roads Dust Control 101814 567 DYNA SYSTEMS Repair&Maint.Supplies Water Treatment Plant 101815 206 EARL F ANDERSEN INC Operating Supplies Outdoor Center 101816 75 ECOLAB INC Other Contracted Services Water Treatment Plant 101817 320 EDHLUND ERIC Other Contracted Services Softball 101818 132 EF JOHNSON Equipment Parts Wireless Communication 101819 330 EKLUNDS TREE AND BRUSH DISPOSA Waste Disposal Tree Removal 101820 28 ELVIN SAFETY SUPPLY INC Protective Clothing Storm Drainage 101821 780 ESS BROTHERS&SONS INC' Repair&Maint.Supplies Storm Drainage 101822 1,976 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Sewer System Maintenance 101823 3,767 F.F.JEDLICKI INC Improvement Contracts Storm Drainage Projects 101824 102 FASTSIGNS Advertising Prairie View Liquor Store 101825 1,025 FEDERAL SIGNAL CORPORATION Equipment Repair&Maint Fleet Services 101826 203 FERRELLGAS Motor Fuels Ice Arena 101827 139 FILTRATION SYSTEMS Equipment Repair&Maint Water Treatment Plant 101828 7,055 FIRENET SYSTEMS INC Building Water Treatment Plant 101829 59 FRANKLIN COVEY CO. Office Supplies General 101830 449 G&K SERVICES DIRECT PURCHASE Clothing&Uniforms General Facilities 101831 289 GARTNER REFRIGERATION&MFG IN Repair&Maint.Supplies Ice Arena 101832 266 GLEN PRAIRIE PRESS Printing Assessing 101833 18,750 GOODPOINTE TECHNOLOGY CORPORAT Other Contracted Services Capital Impr./Maint.Fund 101834 5,413 GOVERNMENT TRAINING SERVICE Conference Expense In Service Training 101835 96 GREG LARSON SPORTS Recreation Supplies Volleyball 101836 325 HACH COMPANY Operating Supplies Water Treatment Plant 101837 739 HANSEN THORP PELLINEN OLSON Design&Engineering Pavement Management Program 101838 253 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services 101839 609 HEAD LITES CORPORATION Safety Supplies Fleet Services 101840 710 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 101841 164,972 HENNEPIN COUNTY TREASURER Right of Way&Easement Improvement Projects 1996 q City of Eden Prairie Council Check Register 8/7/2001 Check# Amount Vendor Account Description Business Unit 101842 644 HIGLEY STEVE Other Contracted Services Softball 101843 148 HOLMES DAVE Other Contracted Services Softball 101844 672 HOLMES TOM Other Contracted Services Softball 101845 304 HYDROLOGIC Building Materials Round Lake 101846 186 ICERINK SUPPLY CO Repair&Maint.Supplies Ice Arena 101847 1,023 IN CONTROL INC. Other Contracted Services Water Well#11 101848 586 INDEPENDENT SCHOOL DIST NO.27 Building Rental Art&Music 101849 110 INFRATECH Equipment Parts Sewer System Maintenance 101850 3,818 INNOVATIVE GRAPHICS Clothing&Uniforms Tennis 101851 1,607 INNOVATIVE LANDSCAPE SUPPLY IN Landscape Materials/Supp Water Treatment Plant 101852 1,050 INTELLISYS INC Other Contracted Services Water Treatment Plant 101853 1,165 ITRON INC. Other Contracted Services Water Meter Reading 101854 108 J&H BERGE INC Protective Clothing Water Treatment Plant 101855 733 JOHN HENRY FOSTER MINNESOTA IN Other Contracted Services Water Treatment Plant 101856 706 KRAEMERS HARDWARE INC Operating Supplies Fire 101857 1,036 LAKELAND FORD TRUCK SALES Equipment Parts Fleet Services 101858 1,564 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 101859 96 LAND CARE EQUIPMENT COMPANY Equipment Parts Fleet Services 101860 798 LAND OF LAKES TILE CO Repair&Maint.Supplies Maintenance 101861 2,108 LANO EQUIPMENT INC Other Rentals Storm Drainage 101862 66 LAW ENFORCMENT TARGETS INC Training Supplies Police 101863 123,175 LEAGUE OF MINNESOTA CITIES INS Insurance Risk Management 101864 161 LEROY JOB TRUCKING Other Contracted Services Animal Control 101865 304 LESCO INC Chemicals Park Maintenance 101866 109 LIFEGUARD STORE INC THE Operating Supplies Riley Lake Beach 101867 21,426 LOGIS LOGIS Information Technology 101868 166 MACDONALD&MACK ARCHITECTS LT Other Contracted Services Grant-in-Aid 2271 B-00-HE 101869 826 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 101870 1,484 MAGNATAG Operating Supplies Police 101871 145 MARKS CERTICARE AMOCO Equipment Repair&Maint Fleet Services 101872 1,015 MARTIN-MCALLISTER Employment Support Test Human Resources 101873 47,142 MASYS CORPORATION Computers Police 101874 2,465 MAXI-PRINT INC Printing Police 101875 560 MCGREGOR RANDY Other Contracted Services Softball 101876 65 METALS JOINING LAB CO INC Equipment Parts Storm Drainage 101877 64 METRO ATHLETIC SUPPLY Operating Supplies Round Lake 101878 13,752 METRO CONCRETE RAISING INC Asphalt Overlay Street Maintenance 101879 250 METRO EROSION INC Other Contracted Services Storm Drainage Projects 101880 1,259 METRO SALES INCORPORATED* Other Rentals General 101881 171 METROPOLITAN FORD Equipment Parts Fleet Services 101882 1,152 MICHELAU JOHN Other Contracted Services Softball 101883 477 MIDWEST ASPHALT Waste Blacktop/Concrete Street Maintenance 101884 43,945 MIDWEST ASPHALT CORPORATION Improvement Contracts Pavement Management Program 101885 497 MIDWEST TELETRON INC. Equipment Parts Wireless Communication 101886 100,860 MINGER CONSTRUCTION INC Improvement Contracts Improvement Projects 1996 101887 296 MINN BLUE DIGITAL Equipment Repair&Maint Engineering 101888 111 MINN ST ADMIN ITG TELECOM SERV Computers Information Technology 101889 119 MINNESOTA CONWAY Equipment Parts Fleet Services 101890 846 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance 101891 343 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 101892 1,754 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire 101893 362 MIRACLE RECREATION OF MINNESOT Repair&Maint.Supplies Riley Lake 101894 1,006 MSC INDUSTRIAL SUPPLY CO INC Capital Under$2000 General Facilities 101895 2,426 MTI DISTRIBUTING INC Equipment Parts Fleet Services 101896 447 MUNICILITE Operating Supplies Fleet Services 101897 605 MURRAY JOHN Other Contracted Services Softball 101898 215 NATIONAL RECREATION AND PARKA Dues&Subscriptions In Service Training 101899 720 NEUMANN NEAL Other Contracted Services Softball 101900 279 NEXUS INFORMATION SYSTEMS Equipment Repair&Maint Information Technology 101901 510 NOTT COMPANY Equipment Parts Water Treatment Plant 101902 280 OLSEN COMPANIES Equipment Parts Fleet Services 101903 8 OSI BATTERIES INC Operating Supplies Police 101904 30 PAPER WAREHOUSE Operating Supplies Senior Center Program 101905 32 PARK SUPPLY INC Equipment Parts Fleet Services 101906 21 PRAIRIE CYCLE&SKI Clothing&Uniforms Police 101907 1,431 PRAIRIE ELECTRIC COMPANY Repair&Maint Supplies Maintenance 101908 120 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Services 101909 788 PRAIRIE OFFSET PRINTING Printing Senior Center Program 101910 88 PRECISION DYNAMICS CORPORATION Recreation Supplies Afternoon Adventure 101911 960 PRESTON ROGER Other Contracted Services Softball 101912 69 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services /0 City of Eden Prairie Council Check Register 8/7/2001 Check# Amount Vendor Account Description Business Unit 101913 568 PUBLIC SAFETY EQUIPMENT CO Capital Under$2000 Fleet Services 101914 484 QUALITY FLOW SYSTEMS INC Equipment Parts Stormwater Liftstation 101916 789 RAY LEE Other Contracted Services Softball 101917 27,470 RAYCO CONSTRUCTION INC Other Contracted Services Grant-in-Aid 2271E-00-HE 101918 1,476 RECREONICS Building Materials Park Acquisition&Development 101919 265 RIVERLAND COMMUNITY COLLEGE Tuition Reimbursement/School Fire 101920 51,771 RMR SERVICES INC Equipment Parts Water Meter Repair 101921 264 ROBICHONS THE IN-LINE SKATE SC Other Contracted Services Preschool Events 101922 143 ROOT 0 MATIC Repair&Maint.Supplies Fire Station#2 101923 635 S&S WORLDWIDE Recreation Supplies Athletics 101924 149 SALLY DISTRIBUTORS Operating Supplies July 4th Celebration 101925 20 SCHIMETZ SCOTT Other Contracted Services Softball 101926 480 SCHMIDT KURT Other Contracted Services Softball 101927 2,495 SEELYE PLASTICS INC Equipment Repair&Maint Water Treatment Plant 101928 343 SERVICEMASTER Other Contracted Services Sewer System Maintenance 101929 2,823 SHORT ELLIOT HENDRICKSON INC Design&Engineering Improvement Projects 1996 101930 515 SIGNATURE CONCEPTS INC. Clothing&Uniforms Afternoon Playground 101931 36 SIWEK LUMBER&MILLWORK INC Equipment Repair&Maint Fleet Services 101932 111,333 SJ LOUIS CONSTRUCTION INC Improvement Contracts Improvement Projects 1996 101933 1,250 SOUTHWEST FAMILY SERVICES Employee Assistance Employee Benefits 101934 1,923 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk 101935 12 SPS COMPANIES Equipment Parts Fleet Services 101936 175 STRETCHERS Operating Supplies Police 101937 40 SUBURBAN CHEVROLET GEO Equipment Parts Fleet Services 101938 105 SUBURBAN PROPANE Equipment Repair&Maint Fleet Services 101939 2,509 SYSTEM CONTROL SERVICES Other Contracted Services Water Treatment Plant 101940 14,637 TERRANOVA LLC Improvement Contracts Utility Improvement Fund 101941 6,480 TIM'S TOWER SERVICE INC. Other Assets Capital Imp'./Maint.Fund 101942 278 TIMEWISE Office Supplies Community Center Admin 101943 50,289 TIMME INC Improvement Contracts Capital Imp'./Maint.Fund 101944 659 TKDA Design&Engineering Utility Improvement Fund 101945 1,901 TOTAL REGISTER Capital Under$2000 Den Road Liquor Store 101946 240 TRUGREEN CHEMLAWN MTKA Building Repair&Maint. Water Treatment Plant 101947 141 TWIN CITY OXYGEN CO Lubricants&Additives Fleet Services 101948 1,020 TWIN CITY WINDUSTRIAL CO. Building Repair&Maint. Water Treatment Plant 101949 116 UNIFORMS UNLIMITED Clothing&Uniforms Police 101950 55 UNLIMITED SUPPLIES INC Operating Supplies Park Maintenance 101951 110 US CAVALRY Clothing&Uniforms Police 101952 2,738 US FILTER/WATERPRO Repair&Maint.Supplies Water System Maintenance 101953 203 VALLEY RICH CO INC Other Rentals Water System Maintenance 101954 2,921 VERNCO MAINTENANCE INC Other Contracted Services Water Treatment Plant 101955 210 VIKING TROPHIES Operating Supplies Pool Special Events 101956 63 VWR SCIENTIFIC PRODUCTS Operating Supplies Water Treatment Plant 101957 19 W W GRAINGER Equipment Parts Fleet Services 101958 1,219 WATER SPECIALITY OF MN INC Chemicals Pool Maintenance 101959 131 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 101960 2,128 WM MUELLER AND SONS INC Repair&Maint.Supplies Sewer System Maintenance 101962 194 WOLF CAMERA INC Video&Photo Supplies Communication Services 101963 276 X-ERGON Repair&Maint.Supplies Water Treatment Plant 101964 3,615 YALE INCORPORATED Building Repair&Maint. Water Treatment Plant 101965 365 ZEP MANUFACTURING CO Operating Supplies Fleet Services 101966 200 ZOELLNER MARK Other Contracted Services Softball 101967 149 ASTRO JUMP Special Event Fees Preschool Playground 101968 304 BIG RIVER DELI&SANDWICHES Miscellaneous Police 101969 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 101970 86 SHAKOPEE BAKERY Operating Supplies Summer Safety Camp 101971 93 ACE ICE COMPANY Misc Taxable Prairie View Liquor Store 101972 142 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 101973 100 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 101974 2,056 BELLBOY CORPORATION Liquor Den Road Liquor Store 101975 84 CONNELLY COMPANIES Misc Taxable Prairie View Liquor Store 101976 6,205 DAY DISTRIBUTING Beer Den Road Liquor Store 101977 1,615 EAGLE WINE COMPANY Wine Imported Prairie Village Liquor Store 101978 13,846 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 101979 256 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 101980 776 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 101981 16,268 GRIGGS COOPER&CO Liquor Den Road Liquor Store 101984 32,009 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 101985 2,554 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 101987 18,093 MARK VII Beer Den Road Liquor Store 101988 693 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store If City of Eden Prairie Council Check Register • 8/7/2001 Check# Amount Vendor Account Description Business Unit 101989 586 NORTH STAR ICE Misc Taxable Prairie Village Liquor Store 101990 1,760 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 101991 170 PEPSI COLA COMPANY Misc Taxable Den Road Liquor Store 101993 21,253 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 101994 1,589 PINNACLE DISTRIBUTING Tobacco Products Den Road Liquor Store 101995 3,160 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 101997 12,580 QUALITY WINE&SPIRTS CO Liquor Den Road Liquor Store 101998 23,009 THORPE DISTRIBUTING Beer Den Road Liquor Store 101999 1,022 WINE COMPANY THE Wine Imported Den Road Liquor Store 102000 96 WORLD CLASS WINES INC Wine Imported Prairie View Liquor Store 102001 74 BARTEL JILL ANNE Other Contracted Services Teen Work Program\ 102002 288 BCA CJIS ID UNIT Other Contracted Services Finance 102003 27 BECKMANN GERALDINE Lessons&Classes Heritage Preservation 102004 50 BLUHM ELLEN ELIZABETH Other Contracted Services Teen Work Program\ 102005 40 BOLD PAULINE Instructor Service Outdoor Center 102006 54 CASE RON Lessons&Classes Heritage Preservation 102007 220 CERCHIA JERRY Other Contracted Services Art&Music 102008 118 CHILDERS LEAH ELIZABETH Other Contracted Services Teen Work Program\ 102009 35 CHRISTENSEN CAROL M. Other Contracted Services Teen Work Program\ 102010 54 COFER MARVIN Lessons&Classes Heritage Preservation 102011 124 CRIST LYNNE Program Fee Summer Skill Development 102012 36 CUMMINGS KIM Operating Supplies Fire 102013 42 ENDRES SARAH LYNN Other Contracted Services Teen Work Program\ 102014 42 FRIEDRICHS MIKE Other Contracted Services Teen Work Program\ 102015 39 HEATON CHELSEA S. Other Contracted Services Teen Work Program\ 102016 108 HILDEBRANT SARAH Other Contracted Services Teen Work Program\ 102017 54 JOHNSON MARGARET Lessons&Classes Heritage Preservation 102018 100 JOHNSON RITA Program Fee Camps 102019 21 KISTNER BRIAN T. Other Contracted Services Teen Work Program\ 102020 31 KOKESH JOSEPH N. Other Contracted Services Teen Work Program\ 102021 21 KRAUSE ZACHARY H. Other Contracted Services Teen Work Program\ 102022 51 LINDAHL ASHLEY I. Other Contracted Services Teen Work Program\ 102023 33 MASON KEITH D. Other Contracted Services Teen Work Program\ 102024 20 MCELVEEN SUSAN Program Fee Preschool Playground 102025 50 MILLER LOUISE Instructor Service Outdoor Center' 102026 54 MOSMAN JAN Lessons&Classes Heritage Preservation 102027 960 MUHLHAUSER WENDY Other Contracted Services Preschool Events 102028 55 MUSTON JAMES Other Contracted Services Teen Work Program\ 102029 29 NGUYEN SON Program Fee Summer Skill Development 102030 35 O'BRIEN COLLIN L. Other Contracted Services Teen Work Program\ 102031 132 O'BRIEN THEA M. Other Contracted Services Teen Work Program\ 102032 27 PEPPER LAURIE Lessons&Classes Heritage Preservation 102033 294 PETTY CASH Operating Supplies Pool Special Events 102034 106 RADIO SHACK Operating Supplies Police 102035 450 RATEIKE MARILYN JANE Other Contracted Services Art&Music 102036 21 SEELING BENJAMIN J. Other Contracted Services Teen Work Program\ 102037 39 SHEA CHRISTOPHER T. Other Contracted Services Teen Work Program\ 102038 75 SPORTSIGN Other Contracted Services Accessibility 102039 42 STOLTZ VERONICA Lessons&Classes Oak Point Lessons 102040 64 STRICHARCHUK ALEISA R. Other Contracted Services Teen Work Program\ 102041 64 SWAGGERT HADLEY Other Contracted Services Teen Work Program\ 102042 8 SWART JUNE MCQUARRIE Program Fee Tennis 102043 2,000 TEMPORARY HEROES INC Other Contracted Services Staring Lake Concert 102044 38 THURMAN MARY Lessons&Classes Ice Arena 102045 54 WALKER SUSAN Lessons&Classes Heritage Preservation 102046 150 WALLSKOG KATHIE Program Fee Athletics 102047 35 WANG LEKAN Other Contracted Services Teen Work Program\ 102048 11 WIKLUND KELLY JO Other Contracted Services Teen Work Program\ 102049 28 WORKMAN MATTHEW J. Other Contracted Services Teen Work Program\ 102050 300 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 102051 244 AMERICAN BUILDING CONTRACTORS Building Permits General Fund 102052 931 AMERICAN ELITE GYMNASTICS Other Contracted Services Summer Skill Development 102053 8 AT&T Telephone General 102054 180 BAGELMAN'S NEW YORK BAKERY Miscellaneous Human Resources 102055 83 CARLSON DAN Travel Expense Police 102056 100 CARLSON JULIE Refunds Environmental Education 102057 1,000 CENTEX HOMES Deposits Escrow 102058 143 COTY CONSTRUCTION Cash Over/Short General Fund 102059 134 GLENWOOD INGLEWOOD Operating Supplies Fitness Center 102060 145 HEATING&COOLING TWO INC Mechanical Permits General Fund 102061 1,523 LACROSSE UNLIMITED Other Contracted Services Athletics 1a City of Eden Prairie Council Check Register 817/2001 Check# Amount Vendor Account Description Business Unit 102062 16 LARRY OLSON PLUMBING Plumbing Permits General Fund 102063 100 MARTIN DENISE Refunds Environmental Education 102064 100 MCCASKILL RICHARD H. Refunds Environmental Education 102065 225 MEDICINE LAKE TOURS Special Event Fees Adult Program 102066 176 MEYERS JOAN Insurance Risk Management 102067 7,361 MINNESOTA STATE TREASURER Building Surcharge General Fund 102068 100 NONDORF KAREN Refunds Environmental Education 102069 75 OTTERNESS RON Instructor Service Outdoor Center 102070 6,106 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 102071 87 QUICKSILVER EXPRESS COURIER Postage General 102072 50 SIEM SUZANNE Refunds Environmental Education 102073 2,032 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie Village Liquor Store 102074 22 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 102075 12 TIME WARNER CABLE Cable TV Communication Services 102076 5,947 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 102077 17 XCEL ENERGY Electric Stormwater Liftstation 102078 55 ASSOCIATION OF TRAINING OFFICE Tuition Reimbursement/School Police 102079 149 EASTBURN EMILY Travel Expense Police 102080 120 GOVERNMENT TRAINING SERVICE Conference Expense City Council 102081 562 HARRIS JEAN Mileage&Parking City Council 102082 295 LERN Dues&Subscriptions In Service Training 102083 10,000 LEVANDER GILLEN&MILLER PA Legal Legal Council 102084 7 MENARDS Operating Supplies Police 102085 441 MORROW JAMES Travel Expense Police 102086 120 MRPA Conference Expense In Service Training 102087 135 WCMAP Conference Expense In Service Training 102088 167 ACE ICE COMPANY Misc Taxable Prairie View Liquor Store 102089 700 ALL SAINTS BRANDS DISTRIBUTING Beer Prairie Village Liquor Store 102090 44 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 102091 1,518 BELLBOY CORPORATION Liquor Prairie Village Liquor Store 102092 12,862 DAY DISTRIBUTING Beer Den Road Liquor Store 102094 6,144 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store 102095 22,003 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 102096 64 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 102097 735 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 102098 20,863 GRIGGS COOPER&CO Liquor Den Road Liquor Store 102102 15,196 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 102103 4,078 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 102105 14,191 MARK VII Beer Prairie Village Liquor Store 102106 868 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 102107 728 NORTH STAR ICE Misc Taxable Den Road Liquor Store 102108 2,129 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 102109 298 PEPSI COLA COMPANY Operating Supplies Concessions 102111 8,550 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 102112 1,236 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store 102113 2,972 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 102114 6,748 QUALITY WINE&SPIRTS CO Liquor Den Road Liquor Store 102115 41,195 THORPE DISTRIBUTING Beer Prairie View Liquor Store 102116 83 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 102118 262 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 102119 349 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 102120 120 BCA CJIS ID UNIT Other Contracted Services Finance 102121 229 CALIBRE PRESS INC Tuition Reimbursement/School Police 102122 365 FROEMMING NANCY Office Supplies Prairie View Liquor Store 102123 197 GE CAPITAL Other Rentals General 102124 1,423 HENNEPIN COUNTY TREASURER-GE Board of Prisoner Police 102125 169 HERITAGE PET HOSPITAL LTD Canine Supplies Police 102126 39,346 LANG PAULY GREGERSON AND ROSOW Legal Legal Criminal Procecution 102127 9,536 MASSMUTUAL LIFE INSURANCE CO. Building Rental Prairie View Liquor Store 102128 52,371 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 102129 2,639 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 102130 242 OFFICE DEPOT Operating Supplies Police 102131 559 QUALITY WINE&SPIRTS CO Liquor Prairie View Liquor Store 102132 68 QWEST Telephone Fire 102133 315 REAL GEM Awards Softball 102134 13 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 102135 8 TRANS UNION CORPORATION Other Contracted Services Police 102136 337 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Wireless Communication 102137 80 WEEDMAN NICOLE Mileage&Parking Youth Programs Administration 102138 46 WHITE NICOLE Mileage&Parking Adaptive Recreation 102139 2,044 XCEL ENERGY Principal Traffic Signals 13 City of Eden Prairie Council Check Register 8/7/2001 Check# Amount Vendor Account Description Business Unit 102140 413 WINE COMPANY THE Wine Domestic Prairie View Liquor Store 102141 • 457 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 102142 35 BAUMHARDT BRUCE Program Fee Special Events&Trips 102143 48 BCA CJIS ID UNIT Other Contracted Services Finance 102144 42 BOEDIGHEIMER CART Lessons&Classes Oak Point Lessons 102145 35 BROWN MARTHA Program Fee Summer Skill Development 102146 130 CARY MARCUS Program Fee Summer Skill Development 102147 81 CORPORATE AUTO RENTALS INC Transportation Summer Skill Development 102148 67 DRISKILLS NEW MARKET Miscellaneous Finance 102149 10,000 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing Trans&Human Sery 102150 530 FUHRMAN KEVIN Other Contracted Services Staring Lake Concert 102151 88 GLENROSE FLORAL AND GIFT SHOPS Employee Award Human Resources 102152 290 HENNEPIN COUNTY ITT DEPT Software Maintenance Information Technology 102153 92 HOHERTZ GENAROSE Program Fee Summer Skill Development 102154 240 HORSTMAN BRAD Other Contracted Services Camps 102155 42 JERICH BRENDA Lessons&Classes Oak Point Lessons 102156 67 JOHNSON RACHEL Operating Supplies Afternoon Adventure 102157 35 KELLY JANE Program Fee Special Events&Trips 102158 167 LAMBERT BOB Dues&Subscriptions In Service Training 102159 173,645 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 102160 300 MINIFEE MARLON Other Contracted Services Camps 102161 126 MOHAMED SATIA Lessons&Classes Oak Point Lessons 102162 576 MUHLHAUSER WENDY Other Contracted Services Preschool Events 102163 35 NGUYEN SON Program Fee Summer Skill Development 102164 35 OLSON ROBERT Program Fee Summer Skill Development 102165 8,439 RELIANT ENERGY RETAIL INC. Gas Maintenance 102166 500 RUDOLPH MIKAEL Other Contracted Services Staring Lake Concert 102167 100 THOMPSON GREG AR Utility Water Enterprise Fund 102168 307 WALMART COMMUNITY Operating Supplies Summer Safety Camp 102169 245 WILLIAM MITCHELL COLLEGE OF LA Tuition Reimbursement/School Police 102170 123,646 XCEL ENERGY Electric Street Lighting 102171 35 AMERICAN PYROTECHNICS ASSN Conference Expense In Service Training 102172 328 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance 102173 94 BARNES&NOBLE Training Supplies In Service Training 102174 85 BILSE JOSH Tuition Reimbursement/School Pool Operations 102175 23 CULLIGAN WATER Operating Supplies Fire 102176 61 CUMMINGS KIM Mileage&Parking Fire 102177 64 DECKER JODI Lessons&Classes Ice Arena 102178 11 DENNEHY KELLIE Lessons&Classes Pool Lessons 102179 285 EDEN PRAIRIE LANES Special Event Fees Afternoon Adventure 102180 2,236 EDEN PRAIRIE SOCCER CLUB Other Contracted Services Athletics 102181 23 FETTER SUSAN Lessons&Classes Oak Point Lessons 102182 193 GE CAPITAL Other Rentals General 102183 85 HANLON STEVE Office Supplies Fire 102184 1,393 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 102185 6,650 LEE KYUNG Other Contracted Services 2000 Rehab 102186 126 LAVONE CAROL Lessons&Classes Oak Point Lessons 102187 600 METRO SALES INCORPORATED` Other Rentals General 102188 75 MOGHIMI SHAHSA Family Non-Resident Community Center Admin 102189 100 O'CONNELL PAUL M. Refunds Environmental Education 102190 306 PELTIER JAMES Miscellaneous Fire 102191 423 REBS MARKETING Other Contracted Services Water Accounting 102192 100 SISSINI LISA Refunds Environmental Education 102193 1,125 WELLS FARGO BANK MINNESOTA NA Paying Agent Utility Bonds Arbitrage 102194 100 WESTACOTT JOEL Other Rentals Winter Theatre 102195 45 WINE SPECTATOR Dues&Subscriptions Den Road Liquor Store 102196 11,038 XCEL ENERGY Electric Water Treatment Plant 102197 167 ACE ICE COMPANY Misc Taxable Prairie View Liquor Store 102198 169 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 102199 108 AMERIPRIDE LINEN&APPAREL SER Repair&Maint Supplies Prairie View Liquor Store 102200 872 BELLBOY CORPORATION Liquor Prairie View Liquor Store 102201 4,495 DAY DISTRIBUTING Beer Den Road Liquor Store 102202 1,055 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 102203 22,371 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 102204 224 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 102205 442 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 102206 467 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 102207 6,523 GRIGGS COOPER&CO Liquor Den Road Liquor Store 102208 255 HOHENSTEINS INC Beer Den Road Liquor Store 102210 23,310 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 102212 5,543 MARK VII Beer Den Road Liquor Store ILI City of Eden Prairie Council Check Register 8/7/2001 Check# Amount Vendor Account Description Business Unit 102213 440 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 102214 627 NORTH STAR ICE Misc Taxable Den Road Liquor Store 102215 82 PAUSTIS&SONS COMPANY Wine Domestic Prairie View Liquor Store 102217 6,892 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 102218 488 PINNACLE DISTRIBUTING Misc Non-Taxable Den Road Liquor Store 102219 740 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 102220 7,985 QUALITY WINE&SPIRTS CO Liquor Den Road Liquor Store 102221 8,183 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 102222 1,983 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 102223 1,433 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 102224 100 AXELSON CHERYL Refunds Environmental Education 102225 119 BARTEL JILL ANNE Other Contracted Services Teen Work Program\ 102226 64 BISHOFF DANIEL DIEGO Other Contracted Services Teen Work Program\ 102227 25 BLUHM ELLEN ELIZABETH Other Contracted Services Teen Work Program\ 102228 125 CARVER COUNTY SHERIFFS DEPT. Deposits Escrow 102229 25 CHRISTENSEN CAROL M. Other Contracted Services Teen Work Program\ 102230 25 ENDRES SARAH LYNN Other Contracted Services Teen Work Program\ 102231 44 FRIEDRICHS MIKE Other Contracted Services Teen Work Program\ 102232 18 GRADY SEAN M. Other Contracted Services Teen Work Program\ 102233 17 HEATON CHELSEA S. Other Contracted Services Teen Work Program\ 102234 25 HENNEPIN COUNTY TREASURER Licenses&Taxes General 102235 6,705 HONEYWELL INC. Other Contracted Services Water Treatment Plant 102236 157 KEATING MARY Mileage&Parking Community Development 102237 45 KISTNER BRIAN T. Other Contracted Services Teen Work Program\ 102236 4 KOKESH JOSEPH N. Other Contracted Services Teen Work Program\ 102239 25 KRAUSE ZACHARY H. Other Contracted Services Teen Work Program\ 102240 118 LANE SUE Family Resident Community Center Admin 102241 119 LINDAHL ASHLEY I. Other Contracted Services Teen Work Program\ 102242 49 MANN TRIA Mileage&Parking Special Events Administration 102243 71 MASON KEITH D. Other Contracted Services Teen Work Program\ 102244 796 MEDICINE LAKE TOURS Special Event Fees Adult Program 102245 23 MINNESOTA DEPARTMENT OF HEALTH Licenses&Taxes Water Utility-General 102246 60 MRPA Conference Expense In Service Training 102247 665 NILSSON BETH Instructor Service Ice Arena 102248 105 O'BRIEN COLLIN L. Other Contracted Services Teen Work Program\ 102249 130 O'BRIEN THEA M. Other Contracted Services Teen Work Program\ 102250 700 PAUL CYRIL Other Contracted Services Staring Lake Concert 102251 350 PUDAS MATTHEW Other Contracted Services Staring Lake Concert 102252 325 PWC-KORPACZ SURVEY Operating Supplies Assessing 102253 18 RANDOLPH MACKENZIE L. Other Contracted Services Teen Work Program\ 102254 550 ROBICHONS THE IN-LINE SKATE SC Other Contracted Services Summer Safety Camp 102255 60 ROBINSON NATHAN A. Other Contracted Services Teen Work Program\ 102256 32 SHEA CHRISTOPHER T. Other Contracted Services Teen Work Program\ 102257 95 STRICHARCHUK ALEISA R. Other Contracted Services Teen Work Program\ 102258 946 TRANS ALARM INC Operating Supplies Police 102259 25 WANG LEKAN Other Contracted Services Teen Work Program\ 102260 28 WORKMAN MATTHEW J. Other Contracted Services Teen Work Program\ 102261 24 YOUNGHANS NEAL Other Contracted Services Teen Work Program\ 102262 350 3CMA Dues&Subscriptions In Service Training 102263 217 A TO Z RENTAL CENTER Other Rentals July 4th Celebration 102264 1,278 ALEX AIR APPARATUS INC Equipment Testing/Cert. Fire 102265 190 ALLIED VAUGHN Video&Photo Supplies Summer Safety Camp 102266 221 ALTERNATIVE BUSINESS FURNITURE Equipment Parts Fleet Services 102267 1,378 ANCHOR PAPER COMPANY Office Supplies General 102268 9,588 ANCHOR PRINTING COMPANY Printing Communication Services 102269 1,821 APRES Other Rentals July 4th Celebration 102270 43 AQUA ENGINEERING INC Operating Supplies Street Maintenance 102271 163 ARMOR SECURITY INC. Other Contracted Services Outdoor Center 102272 64 AUDIOQUIP INC Equipment Parts Fleet Services 102273 250 AUTO ELECTRIC SPECIALISTS Equipment Parts Fleet Services 102274 580 BANNERS TO BULLSEYES INC Advertising July 4th Celebration 102275 732 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 102276 439 BAY WEST Small Tools Fire 102277 160 BCA/FORENSIC SCIENCE LABORATOR Tuition Reimbursement/School Police 102281 8,512 BIFFS INC Waste Disposal Park Maintenance 102282 140 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint Fire Station#2 102283 1,230 BLOOMINGTON CITY OF Kennel Services Animal Control 102284 125 BORDER STATES ELECTRIC SUPPLY Repair&Maint.Supplies Park Maintenance 102285 180 BRANDT LEE Other Contracted Services Softball 102286 2,704 BRAUN INTERTEC CORPORATION Other Contracted Services Planning&Development _ 102287 500 BRION ED Other Contracted Services Softball 15 City of Eden Prairie Council Check Register 8/7/2001 Check# Amount Vendor Account Description Business Unit 102288 14,983 BROCK WHITE CO Seal Coating Street Maintenance 102289 2,264 BUCK NATHAN Other Contracted Services Volleyball 102290 651 CATCO CLUTCH&TRANSMISSION SE Equipment Parts Fleet Services 102291 549 CDW GOVERNMENT INC. Operating Supplies Parks Administration 102292 4,558 GEMSTONE Asphalt Overlay Street Maintenance 102293 1,044 CENTRAIRE INC Other Contracted Services Fire Station#1 102294 3,480 CHAD NESTOR&ASSOCIATES Printing Communication Services 102295 738 CHANHASSEN BUMPER TO BUMPER Equipment Parts Fleet Services 102296 299 CHEMSEARCH Lubricants&Additives Fleet Services 102297 10,390 CLASSIC ASPHALT&SEALCOATING Seal Coating Forest Hills Park 102298 1,395 CONCRETE CUTTING&CORING INC Asphalt Overlay Street Maintenance 102299 84 CONNEY SAFETY PRODUCTS Equipment Parts Fleet Services 102300 47 COPY EQUIPMENT INC Operating Supplies Park Maintenance 102301 2,797 CORPORATE EXPRESS Office Supplies Police 102302 123 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 102303 276 CY'S UNIFORMS Clothing&Uniforms Police 102304 220 D J'S MUNICIPAL SUPPLY INC Operating Supplies Street Maintenance 102305 25,408 DAFFINSON ASPHALT Other Contracted Services Street Maintenance 102306 1,000 DAKOTA COUNTY TECHNICAL COLLEG Tuition Reimbursement/School Police 102307 893 DALCO ROOFING&SHEET METAL IN Building Repair&Maint. Public Works/Parks 102308 53 DALE GREEN COMPANY THE Landscape Materials/Supp Street Maintenance 102309 13,288 DELL MARKETING L.P. Computers Information Technology 102310 17 DISH NETWORK Cable TV Ice Arena 102311 4,378 DNR SCREEN PRINTING INC. Awards Softball 102312 1,416 DONS SOD SERVICE Landscape Materials/Supp Park Acquisition&Development 102314 337 DRISKILLS NEW MARKET Operating Supplies General Facilities 102315 6,650 E.J.MAYERS Improvement Contracts Improvement Projects 1996 102316 1,714 EARL F ANDERSEN INC Other Contracted Services Park Acquisition&Development 102317 101 ECOLAB INC Other Contracted Services Maintenance 102318 773 EDEN PRAIRIE APPLIANCE Capital Under$2000 City Center Operations 102319 107 ELECTRONIC EASEL LLC THE Printing Communication Services 102320 209 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Services 102321 3,037 ESCHELON TELECOM INC Other Contracted Services General 102322 15 EXPRESS MESSENGER SYSTEMS INC Postage General 102323 14,059 FACILITY SYSTEMS INC Capital Under$2000 Furniture 102324 4,000 FAMILY HOPE SERVICES Other Contracted Services Housing Trans&Human Sery 102325 967 FASTSIGNS Capital Under$2000 Park Acquisition&Development 102326 362 FERRELLGAS Gas Outdoor Center 102327 37 FRANKLIN COVEY CO. Office Supplies General 102328 85 G&K SERVICES DIRECT PURCHASE Clothing&Uniforms General Facilities 102329 91 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 102330 1,654 GATEWAY COMPANIES INC Computers Information Technology 102331 43 GENERAL MUSIC INC Other Rentals Summer Theatre 102332 259 GILLUND ENTERPRISES Lubricants&Additives Fleet Services 102333 149 GINA MARIAS INC Operating Supplies Fire 102334 210 GOLF CAR INC. Other Rentals July 4th Celebration 102335 1,750 GOODPOINTE TECHNOLOGY CORPORAT Software Maintenance Information Technology 102336 326 GREATAMERICA LEASING CORP. Other Rentals General 102337 285 GREENMAN TECHNOLOGIES OF MN IN Waste Disposal Fleet Services 102338 87 GUNNAR ELECTRIC CO INC Other Contracted Services Street Lighting 102339 771 HALDEMANN HOMME INC Printing Assessing 102340 345 HAMILTON MICHAEL Other Contracted Services Softball 102341 5,631 HAMLINE UNIVERSITY GRADUATE SC Other Contracted Services Recycle Rebate 102342 4,489 HANSEN THORP PELLINEN OLSON Design&Engineering Pavement Management Program 102343 9,381 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 102344 800 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 102345 795 HAYDEN-MURPHY EQUIPMENT COMPAN Equipment Repair&Maint Fleet Services 102346 414 HEAD LITES CORPORATION Safety Supplies Fleet Services 102347 213 HELSENE CO. Printing Prairie Village Liquor Store 102348 599 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 102349 5,088 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing Trans&Human Sery 102350 2,000 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 102351 460 HENRY PAUL Other Contracted Services Softball 102352 1,048 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 102353 360 HOLMES JOHN CARTER Other Contracted Services Softball 102354 260 HOLMES TOM Other Contracted Services Softball 102355 1,730 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 102356 403 I.T.L.PATCH COMPANY INC. Awards Summer Safety Camp 102357 37 IDEA ART Office Supplies Senior Center Administration 102358 940 INDEPENDENT SCHOOL DIST NO.27 Operating Supplies Summer Safety Camp 102359 1,921 INGRAHAM&ASSOC Other Contracted Services Park Acquisition&Development /6 City of Eden Prairie Council Check Register 8/7/2001 Check# Amount Vendor Account Description Business Unit 102360 3,109 INNOVATIVE GRAPHICS Clothing&Uniforms Summer Safety Camp 102361 145 IPMA Dues&Subscriptions Human Resources 102362 2,288 J A PRICE AGENCY INC Insurance Risk Management 102363 179 J H LARSON ELECTRICAL COMPANY Operating Supplies Traffic Signals 102364 381 JANEX INC Cleaning Supplies General Facilities 102365 375 JOHNSON KAMARA Other Contracted Services Park Facilities 102366 57 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 102367 3,645 KUSTOM SIGNALS INC Capital Under$2000 Police 102368 76 LAKE COUNTRY DOOR Other Contracted Services Fire Station#3 102369 925 LAKE RESTORATION INC Other Contracted Services Round Lake 102370 480 LAKELAND FORD TRUCK SALES Equipment Parts Fleet Services 102371 1,744 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 102372 86 LANO EQUIPMENT INC Equipment Parts Fleet Services 102373 72 LAW ENFORCMENT TARGETS INC Training Supplies Police 102374 120 LEAGUE OF MINNESOTA CITIES Conference Expense In Service Training 102375 1,220 LIFE SAFETY SYSTEMS Other Contracted Services Senior Center 102376 23 LINHOFF PHOTO&DIGITAL IMAGIN Video&Photo Supplies July 4th Celebration 102377 240 LOFFLER BUSINESS SYSTEMS INC Equipment Repair&Maint Police 102378 230 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Services 102379 500 MAHIN WALZ INC Other Contracted Services City Center Operations 102380 145 MARKS CERTICARE AMOCO Equipment Repair&Maint Fleet Services 102381 508 MARTIN-MCALLISTER Employment Support Test Human Resources 102382 300 MAXIMUM SOLUTIONS INC Other Contracted Services Ice Arena 102383 750 MEALS ON WHEELS Other Contracted Services Housing Trans&Human Sery 102385 567 MENARDS Building Repair&Maint. Water Treatment Plant 102386 3,955 METRO SALES INCORPORATED* Other Rentals General 102387 33 METROPOLITAN FORD Equipment Parts Fleet Services 102388 11,421 . MIDWEST ASPHALT CORPORATION Asphalt Overlay Street Maintenance 102389 120 MIDWEST ENGINE SERVICE&SUPPL Equipment Parts Fleet Services 102390 600 MIDWEST TELETRON INC. Equipment Parts Wireless Communication 102391 3,535 MILLER DUNWIDDIE Building Repair&Maint. Heritage Preservation 102392 111 MINN ST ADMIN ITG TELECOM SERV Software Maintenance Information Technology 102393 1,128 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance Information Technology 102394 34 MINNESOTA CONWAY Repair&Maint.Supplies Fire 102395 620 MINNESOTA MUNICIPAL BEVERAGE A Dues&Subscriptions Den Road Liquor Store 102396 453 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 102397 408 MINNESOTA VIKINGS FOOD SERVICE Miscellaneous General Facilities 102398 150 MINT CONDITION DETAILING Equipment Repair&Maint Fleet Services 102399 817 MOORE MEDICAL CORP Safety Supplies Fire 102400 286 MTI DISTRIBUTING INC Equipment Parts Fleet Services 102401 240 MUNICILITE Equipment Parts Fleet Services 102402 500 MUNZ ERIC Other Contracted Services Softball 102403 12,180 MWH AMERICAS INC Design&Engineering Storm Drainage Projects 102404 1,320 MYRON WILL LAWN MAINTENANCE Other Contracted Services Park Maintenance 102405 1,198 NATIONWIDE ADVERTISING SERVICE Employment Advertising Human Resources 102406 51 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 102407 844 OSI BATTERIES INC Office Supplies General 102408 2,750 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance 102409 75 PAIN ENTERPRISES INC. Chemicals Pool Maintenance 102410 274,180 PALMER WEST CONSTRUCTION CO IN Building Capital Impr./Maint.Fund 102411 97 PAPER DIRECT INC Office Supplies Senior Center Administration 102412 13 PAPER WAREHOUSE Operating Supplies Summer Safety Camp 102413 350 PETERSEN TAMARA Other Contracted Services Volleyball 102414 1,053 PETERSON ENVIRONMENTAL CONSULT Design&Engineering Construction Fund 102415 1,602 PRAIRIE CYCLE&SKI Operating Supplies Summer Safety Camp 102416 584 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. City Center Operations 102417 654 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Fleet Services 102418 112 PRINTERS SERVICE INC Repair&Maint.Supplies Ice Arena 102419 175 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 102420 2,127 PUBLIC SAFETY EQUIPMENT CO Equipment Parts Fleet Services 102421 165 RAINBOW FOODS INC. Operating Supplies Pool Special Events 102422 1,124 RAY LEE Other Contracted Services Softball 102423 281 RIDGEVIEW BUSINESS HEALTH Other Contracted Services Risk Management 102424 75 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 102425 14,837 RMR SERVICES INC Equipment Parts Water Meter Repair 102426 438 S&D DOOR REPAIR INC Other Contracted Services City Center Operations 102427 108 S&S WORLDWIDE Operating Supplies Taste on the Prairie 102428 93 SALLY DISTRIBUTORS Operating Supplies Youth Programs Administration 102429 1,965 SE-ME INC Video&Photo Supplies Police 102430 5,164 SHORT ELLIOT HENDRICKSON INC Design&Engineering Improvement Projects 1996 102431 417 SIGNATURE CONCEPTS INC. Clothing&Uniforms Fire I-4- City of Eden Prairie Council Check Register 8/7/2001 Check# Amount Vendor Account Description Business Unit 102432 634 SIMPLEX TIME RECORDER CO Other Contracted Services Furniture 102433 375 SKEESICK FORREST Other Contracted Services Summer Skill Development 102434 60 SNAP-ON TOOLS Small Tools Fleet Services 102435 471 SNELL MECHANICAL INC Repair&Maint.Supplies Maintenance 102436 6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing Trans&Human Sery 102437 713 SOUTHWEST METRO TRANSIT Other Contracted Services July 4th Celebration 102438 166 SOUTHWEST SALES AND RENTAL Operating Supplies Park Maintenance 102439 1,987 SOUTHWEST SUBURBAN CABLE COMM! Dues&Subscriptions City Council 102440 145 SPECTRUM LABS INC Other Contracted Services Round Lake 102441 14,712 SRF CONSULTING GROUP INC Other Contracted Services TIF fund 102442 1,438 ST JOSEPH EQUIPMENT INC Other Rentals Street Maintenance 102443 703 STEVE LUCAS PHOTOGRAPHY Video&Photo Supplies Communication Services 102444 691 STRETCHERS Protective Clothing Police 102445 71 SUBURBAN CHEVROLET GEO Equipment Parts Fleet Services 102446 95 SUBURBAN PROPANE Motor Fuels Fleet Services 102447 207 SUN NEWSPAPERS Employment Advertising Human Resources 102448 125 SWEDLUNDS Waste Disposal Outdoor Center 102449 116 TANK RENU/RADIATOR WEST Equipment Repair&Maint Fleet Services 102450 52 TAPE COMPANY THE Video&Photo Supplies Human Resources 102451 1,410 TAPES PLUS ADVERTISING Advertising Prairie Village Liquor Store 102452 2,000 TEENS ALONE Other Contracted Services • Housing Trans&Human Sery 102453 412 TESSMAN SEED CO Chemicals Park Maintenance 102454 2,416 TIMBERWALL LANDSCAPING INC Building Materials Park Acquisition&Development 102455 638 TOTAL REGISTER Capital Under$2000 Prairie Village Liquor Store 102456 857 TRACY/TRIPP FUELS Motor Fuels Fleet Services 102457 1,598 TRAFFIC CONTROL CORPORATION Equipment Parts Fleet Services 102458 54 TRIARCO Recreation Supplies Youth Programs Administration 102459 26,411 TRUERIDE INC Improvements to Land Park Acquisition&Development 102460 272 TRUGREEN CHEMLAWN MTKA Other Contracted Services Fire Station#2 102461 96 TWIN CITY OXYGEN CO Equipment Repair&Maint Fleet Services 102462 862 UNIFORMS UNLIMITED Clothing&Uniforms Fire 102463 8,277 UNITED RENTALS HIGHWAY TECHNOL Contracted Striping Traffic Signs 102464 642 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 102465 25,924 URS/BRW Deposits Escrow 102466 126 VOSS LIGHTING Repair&Maint.Supplies Maintenance 102467 213 W W GRAINGER Equipment Parts Fleet Services 102468 40 WALTERS SWIM SUPPLIES INC. Clothing&Uniforms Round Lake Marina 102469 39 WESTERN HOSE HANDLING Repair&Maint.Supplies Fire 102470 315 WOLF CAMERA INC Video&Photo Supplies Human Resources 102471 274 ZIEGLER INC Equipment Parts Fleet Services 102472 100 ZOELLNER MARK Other Contracted Services Softball 5,376,844 Grand Total IZ CITY COUNCIL AGENDA DATE: August 7, 2001 SECTION: Reports of Boards and Commissions SERVICE AREA/DIVISION: ITEM DESCRIPTION: Purgatory Creek ITEM NO: Parks and Recreation Recreation Area Plan Robert A. Lambert Director • ► Requested Action Move to: To approve the design and authorize the consultant to work with Barr Engineering (engineering consultant for the watershed district) to prepare plans and specifications for the first phase development. The first phase is to include the boardwalk and retaining walls depicted in the second phase of the preliminary cost estimates. SYNOPSIS On August 7th Sue Stock, Chair of the Purgatory Creek Recreation Task Force, and Barry Warner, the City's design consultant for the Purgatory Creek Recreation Area, will present the plan developed by the Purgatory Creek Recreation Area Task Force over the last six months. The consultant will review the process the task force and consultant used to develop the final schematic plan. On June 18, 2001 the Purgatory Creek Recreation Area Task Force unanimously approved the schematic design for the Purgatory Creek Recreation Area and requested the consultant and staff to forward this schematic plan to the Parks and Recreation Citizen Advisory Commission and the Program Board, the Planning Board, the Riley Purgatory Bluff Creek Watershed District and the City Council for final approval. Once the plan is approved, the Council should then request the Riley Purgatory Bluff Creek Watershed District to include the first phase, and perhaps a portion of the second phase, into a construction project that will begin late this year and be completed in 2002. Funding for the project is from the Major Center Area construction fund. The Council will discuss funding of future phases of the project during the CIP discussions at the August 21st Workshop. BACKGROUND On January 16, 2001, the City Council authorized the creation of a Purgatory Creek Recreation Area Task Force and to advertise for Requests for Proposals for consulting services for developing the program and design of the Purgatory Creek Recreation Area entry. The Council approved a Task Force Charter On March 8th the Task Force began meeting with consultants from SRF to develop program needs, review Community Forum and Community City Council Agenda 8/7/2001 Purgatory Creek Recreation Area Plan Page 2 The Council approved a Task Force Charter On March 8th the Task Force began meeting with consultants from SRF to develop program needs, review Community Forum and Community Survey results, and discuss past plans for this site. The consultant developed the program and four conceptual designs that would meet a variety of program needs expressed by task force members with various viewpoints. The consultant then received feedback from surrounding property owners, the Community Program and Planning Boards, the City Council and the task force on those four program concepts. After prioritizing program needs and a evaluating the feasibility of some of the design features, the final schematic design evolved prior to the June 18Th meeting. At the June 18Th meeting, the consultant explained the schematic design and reviewed the rationale for decisions made along the way. Every member of the task force supported the decision making process and the results of the final plan; and recommended taking the plan through the design review process for final approval by the City Council. On June 26`h the Program Board and the Parks and Recreation Citizens Advisory Commission held a joint meeting to review this plan. Both the Program Board and the Commission unanimously approved the plan. On July 9Th the Planning Board reviewed the plan and unanimously approved the plan. On August 1st the Riley Purgatory Bluff Creek Watershed District unanimously approved the plan. Attachments: June 18Th Minutes of Purgatory Creek Recreation Area Task Force June 26Th Minutes of the Joint Meeting of the Program Board and the Parks and Recreation Commission July 9th Minutes of Planning Board Concept Plan Phasing Cost Estimate BL:mdd • K:/Administration/Agenda Preparation/City Council Packet/2001/Parks/Purgatory Creek Rec Review • . 3 • Robert A.Lambert UNAPPROVED MINUTES Purgatory Creek Recreation Area Task Force Thursday,June 18,2001 7:00 p.m.—Heritage Room IV, City Center 8080 Mitchell Road,Eden Prairie MN 55344 Task Force Members: Sue Stock(Chair),Therese Benkowski (Vice Chair),Jan • Mosman,Vicki Koenig, Susan Dickman, Terry Randolph Task Force Consultants: Barry Warner and Ken Grieshaber, SRF Task Force Staff: Bob Lambert,Director of Parks and Recreation Services Stuart Fox,Manager Parks and Natural Resources Laurie Obiazor,Manager Recreation Services Recording Secretary: Lorene McWaters I. Call Meeting to Order • Meeting was called to order by Susan Stock at 7:05 p.m. • Therese Benkowski,Jan Mosman,Vicki Koenig, Susan Dickman, and Terry Randolph were present. Bob Lambert said Susan Stock was traveling from Bemidji and would join the meeting as soon as possible. II. Approval of Minutes from April 18,2001 meeting Koenig said the first sentence of the 166 paragraph under N.B. should read,"Koenig said she doesn't like the fountain idea,but wonders if it would provide more aeration. But she likes an opportunity for. . ." • MOTION: Mosman moved, seconded by Dickman to approve minutes from May 24,2001, meeting as amended. Motion carried 5—0. M. Review of Final Concept Plan A. Approve Final Plan and Recommended Changes Consultant Barry Warner, SRF, said he and Ken Grieshaber were presenting a single scheme that incorporated suggestions from previous meetings. He asked for constructive input from taskforce members to help mold the final plan into a design that will be sent on for approval. Warner said he and Grieshaber had conducted two work sessions since the last taskforce meeting. One session was with Barr Engineering regarding stormwater runoff, drainage and water quality questions. The other session was with City staff. 3 Purgatory Creek Recreation Area Task Force Page 2 He explained that they would be presenting the concept to the Community Program Board . on June 26, the Community Planning Board on July 9, the Watershed District on August 1, and the City Council on August 7. Warner said they hope to gain final approval for the plan this summer so that first phase work can begin during'02. Some of the work, such as dredging and pile driving,will have to be done during the cold season. Warner discussed"organizing devices"of the scheme, after which Grieshaber talked about detail/design possibilities. Warner presented a drawing titled the"preferred scheme,"and discussed the following features. Intersection As a result of group feedback the access was moved a bit further to the southwest. This will allow for a signalized intersection, and provide a safer, non-motorized pedestrian crossing. Warner said they were able to maintain an aesthetically pleasing curve to the roadway that ties in with the overall site plan. He said the design might require some fill in the basin in this area. He said the group had also expressed preference for strong access aligned with the intersection of Technology Drive and Prairie Center Drive. The primary monument will be located near the intersection and will align with other park elements that will"step down" from that point. Parking Area The design places the parking area close to the multi-use building. Warner stressed this will be a multi-use parking area that can be shut down to host large festival events. He noted that when peak events are held,Flagship Corporate Center and the Park n' Ride facility across the street are expected to provide additional parking. Spaces within the Park Members expressed the need for a variety of spaces within the park able to host different types of events. Warner pointed out an open-air pavilion that could host a public event without impeding access to the shoreline walk. Waterfront Members wanted a.variety of experiences available on the waterfront. Although some alternatives had focused on the spine.of the drainage swale that currently runs through the site, it has been removed from the preferred scheme. Warner explained that Barr indicated water emitted from the swale's stormwater pipe is variable both in terms of quantity and quality. The swale is also somewhat divisive, and even if it were articulated off to the side, it would consume a fair amount of space. Warner said that while they could have worked with this challenge,it would have been difficult given spatial constraints. Installation and maintenance of adequate landscaping would also have been costly. " In the preferred scheme, a staircase designed to take the rise and fall of the water level, steps down to the water. Park users can stand or sit on any of the steps, and if the water rises it is a non-issue. This is actually a seating area with a focus toward the fountain and back toward the weir and bridge. The rest of the boardwalk flows along the water's edge, and actually sits up on top of the water. A rip-rapped shore line will lie beneath the boardwalk to stabilize the waterfront, and the boardwalk is slightly raised to take the bounce of water. There is also an overlook with an overhead trellis to provide a sense of arrival. Purgatory Creek Recreation Area Task Force Page 3 The remainder of the water's edge is low- or no-maintenance vegetated cover such as grasses, sedges and rushes. Warner said Barr indicated a fountain might provide some aeration, although probably not significant. Another hydrologist indicated that given the size of the basin,which is relatively small, a fountain could help slow the greening of the water over the course of the summer. Lambert said the fountain could be artwork in itself, and the City should look into whether or not a corporation might be interested in sponsoring it. Warner also explained that the ephemeral.streambed concept had been abandoned because it would have posed a maintenance problem. It could be made to work visually, but it would catch debris and have other ongoing maintenance problems. Rushing water in the streambed could also be potentially dangerous to children. Landscaping The group also desires a variety of landscape treatments. There will be natural landscaping on portions of the shoreline, with hard edges along other portions. Tree massings will be used to define open spaces. There will be the opportunity for planting of formal gardens as well as native plantings. The highest-maintenance landscaping will be in the vicinity of the multi-use building. The periphery and portions of the shoreline will host more native (and lower-maintenance)plantings. Roadway Circulation The taskforce indicated it is important to regulate the speed of traffic passing through the park. Warner said a number of traffic calming features will be used. He said they are not suggesting speed bumps, but using"chokers" (a device that narrows the roadway and necessitates lower speeds). The geometric of the road will also force lower speeds, as well as stop signs at the two trail crossings. Miscellaneous Members requested good separation between the water and other park activities, so the final scheme pushes the multi-use building farther into the park, but without sacrificing a connection with the water. The main spine or walkway ties into the main pedestrian access through the park and turns down into a trellised overlook from which the wetland can be viewed. The terraced walkway provides separation from activity on top, and the lower terrace serves those using the path system. A lawn area will lie between the upper terrace and lower boardwalk. Pedestrians will be able to sit on the lawn and look out over the wetland. There will be a 3-foot retaining wall at the base of the boardwalk, which will be fronted with shrubs and will include seating. Terraced steps will lead down to the boardwalk and further transition down into a stepped waterway. Barr Engineering predicts ups to 4 feet of fluctuation in water level, so it is important that the design allow for the up and down flow of the water line. Warner said have they purposely tried to keep some open views through the vegetation,but buffers will be used to screen out the Pickled Parrot and other buildings. Purgatory Creek Recreation Area Task Force Page 4 • Drawings Warner showed several drawings of styles that could be used for various park elements, including the multi-use building,the picnic pavilion and overlook,the viewing area/lawn sculpture, the entry monument,the upper terrace and the bridge weir: He said most of the designs played with traditional or contemporary style as a starting point. Actual design will not take place until much further down the line. Design ideas included use of the circle motif that appears elsewhere in the City. Grieshaber also showed photographs of design elements at other parks that might be used in this park, including: • Cast elements of animals • Waterfront panels of lasercut steel ■ Overhead lighting suspended between a canopy of trees • A parking area of interlocking paving stones Councilmember Mosman asked about the possibility of keeping some existing trees in place during the early phases of park construction to provide a noise shield. Lambert said that it would not be feasible to save trees while extending the culvert. When dredging and other Phase I work is done this winter,it is important to complete all the site grading and allow landscaping of the site to begin as early as possible. Input from Taskforce Members Lambert asked members for input on whether or not the preferred scheme presented fits the major needs that have been expressed in previous work sessions. Yield Koenig • Said she likes the preferred concept, especially the interaction with the water. She liked the. example of the whimsical animal sculpture that was shown and thought public art could be used to depict wildlife indigenous to Eden Prairie. She said she is okay with the idea of a fountain, and would definitely like to take advantage of any aeration it might provide. She does not care for the more modem architecture, and would prefer stone or wood building materials. She suggested using some deciduous trees,possibly Cottonwoods. Jan Mosman Jan prefers a design with classic elements; similar to recent projects elsewhere in the City (such as the railing on the bridge over Highway 5). The design should be timeless, subtle and.classic. She would suggest using massings of trees to hide some of the buildings adjacent to the site. She said the park will probably require its own gardener. She said she basically likes everything about the design.- Therese Benkowski Therese said she likes the curves of the road,boardwalk, and water edge. She thinks the design is very well done, and particularly likes the tying in of natural and hard edges on the waterfront. She would like to see recycled materials used on the site. She likes the English Garden look, and suggested using at least some perennials since they are lower-maintenance. She prefers modem shapes as long as natural building materials are used. She said the consultant did a good job overall of incorporating the various ideas. 6 Purgatory Creek Recreation Area Task Force Page 5 Susan Dickman She also likes the concept of a timeless design. She suggested incorporating visual symbolism that captures the feel of Eden Prairie. She praised the curves. Although she was initially disappointed about removal of the Swale, she understands why it was taken out. She is in favor of the convertible parking lot idea. She suggested taking advantage of the potential for the fountain to be a unique work of art. She would like to see a fair amount of glass used in the multi-use building. She likes the idea of a perennial garden, and agrees a gardener will be necessary. Terry Randolph He thinks the consultant did a good job of incorporating compromises. He did not care for either style of building presented in the drawings,but would like to see something more traditional. He suggested.including poles that accommodate changeable banners to add kinetic movement and color. They could also be used to help establish an identity and sense of place. He is in favor of seeing as much hard edge on the water as possible, since so much of the rest of the site is "natural." He is happy it looks like the fountain will be'a focal point. He feels the art elements are as important as the•natural aspects. He advocated soliciting corporate sponsors for the gardens, fountain and artwork. He noted that Liberty Property Trust commissions full-size bronze deer and scatters them throughout their sites. He suggested a similar idea for the park. B. Potential Phasing and General Cost Estimate Warner presented the following Phased Plan and Cost Estimate: • Phase 1: Access Road and Lighting Site Grading and Removal Exterior Storm Sewer Piping Landscaping Phase 1 Cost: $570,000 Phase 2: Boardwalk and Lighting Retaining Walls Parking Court Path Connections Entry Monument/Kiosks Waterfront Terrace Landscaping Phase 2 Cost: $706,000 1' Purgatory Creek Recreation Area Task Force Page 6 Phase 3: Upper Terrace Walk and Lighting Boardwalk/Overlook Terrace Stairs to Boardwalk Open Air Pavilion Path Connections Landscaping Phase 3 Cost: $464,000 Phase 4: Building and Plaza Formal Garden Area Dike Boardwalk Crossing and Overlooks Dike Landscaping and Lighting Phase 4 Cost: $3,590,000 Total of all phases: $5,330 • 15%Contingency: $799,500 Subtotal: $6,129,500 18%Design and Administration Fee: $1,103,310 TOTAL PROJECT COST: $7,232,810 Susan Stock joined the meeting at 8:35 p.m. and received a brief overview of the concept plan. Jan Mosman moved to approve the preferred scheme, seconded by Terry Randolph. Motion passed,6-0. Lambert noted that although this was the last official meeting of the taskforce,it would be helpful for taskforce members to be present when the concept is presented at the August 7. Council Meeting. He recommended that the boardwalk, and retaining walls listed under Phase 2 be completed in Phase 1 if possible. IV. Input for Future Task Forces and Similar Committees Terry Randolph said a field trip to view similar types of parks in nearby communities would have been helpful. Lambert said a field trip was planned,but they simply ran out of time. Vicki Koenig said she felt the taskforce had good representation from throughout the community, and that they really got down to work and stayed on task. The committee felt the process was very good and the consultants did an excellent job leading citizens with different opinions to a consensus on the concept design. V. Adjournment Therese Benkowski moved to adjourn at 9:02 p.m, seconded by Koenig. Motion passed, 6-0. A t UNAPPROVED MINUTES EDEN PRAIRIE COMMUNITY PROGRAM BOARD& PARKS AND RECREATION ADVISORYCOMIVIISSION JOINT MEETING TUESDAY, JUKE 26, 2001 7:00 P.M., CITY CENTER Heritage Room III&IV 8080 Mitchell Road BOARD MEMBERS: Chair Munna Yasiri,Dick Brown,Therese Benkowski,Harry Davis,Jr.,Jeffrey Gerst,Harry Moran, Susan Oswald and Kim Teaver BOARD STAFF: Laurie Obiazor,Staff Liaison and Carol Pelzel,Recording Secretary SUPPORT STAFF: Bob Lambert,Director of Parks and Recreation Services CONSULTANTS: SRF Consulting Group,Inc.—Barry Warner, Senior Vice President and Ken Grieshaber,Associate PARKS AND RECREATION CITIZEN ADVISORY COMMISSION COMMISSION MEMBERS: Kim Teaver(Chair),David Larson,Rob Barrett,Ann Birt, Trisha Swanson and Philip Wright COMMISSION STAFF: Tria Mann,Arts&Special Events Coordinator I. CALL TO ORDER AND ROLL CALL Chair Yasiri called the meeting to order at 7:00 p.m. Board members.present included Munna Yasiri,Dick Brown,Therese Benkowski, Jeffrey Gerst and Kim Teaver. Board members absent were Harry Davis,Jr.,Harry Moran and Susan Oswald. Parks and Recreation Citizen Advisory Commission roll call: Commission members present included Kim Teaver(Chair),David Larson,Trisha Swanson and Philip Wright. Commission members absent were Rob Barrett(excused)and Ann Birt(excused). II. APPROVAL OF AGENDA MOTION:Brown moved, seconded by Benkowski,to approve the agenda as published. Motion carried,4-0. 9 Community Program Board&Parks and Recreation Advisory Commission Joint Meeting June 26,2001 Page 2 III APPROVAL OF MAY 22,2001 MINUTES MOTION:Benkowski moved, seconded by Teaver,to approve the May 22,2001 minutes as published. The motion carried,4-0. W. OLD BUSINESS A. Purgatory Creek Recreation Area Final Concept Plan. Bob Lambert,Director of Parks and Recreation Services,presented the background of this project explaining that in February the City. Council appointed a citizens task force to develop a program and plan for the Purgatory Creek Recreation Area. The citizen task force worked with the consultants and City staff to develop a program and conceptual plan. During the review process, a joint meeting was held with the Program. Board and Parks Commission as well as with the Planning Board, City Council and surrounding property owners for input on four different concepts.From that input;the task force approved a concept plan and they are now going through the design approval process. Lambert explained that this evening representatives from the SRF Consulting Group will explain what is proposed in the concept plan. Staff is asking for approval of the concept plan from the Program Board and Parks Commission. Barry Warner, Senior Vice President, SRF Consulting Group, Inc.presented an • overview of the concept plan. Once the plan is approved by the Program Board and Parks Commission it will go to the Planning Board,Watershed District and finallyto the City Council in early August.Warner said they anticipate going out for bid on the project in late 2001 with construction occurring in winter, spring and summer of 2001 and 2002. Subsequent phases will occur as money becomes available.Warner reviewed the master plan process. He explained that the City and Watershed District have been working together to establish trails that will encircle the wetland. They are also proposing some bridges,given the wetland complications. The Watershed District will be dredging out the ditch which will be part of the first phase construction. This site is 7.5 acres in size and is a significant contributor to downtown Eden Prairie. Warner reviewed the inventory site analysis. • Warner explained that the concept plan falls between Alternatives C and D which included a formal concept.Alternative C focused on performance events and accommodation of a number of performance items.Alternative D included an urban plaza. The City Council asked that the concept include severalitems including park • amenities, entry monuments,parking for 50 to 60 automobiles,proof of parking for.a more multi-purpose building, an open air pavilion,water fountain,pedestrian pathways and bridge crossings. • Ken Grieshaber,Associate, SRF Consulting Group,Inc., explained that the intent of the design is to create several enclosed areas.A boardwalk will be constructed to look into the wetland area. Grieshaber stated that they are suggesting an entry monument incorporating the circle motif in the City.It is proposed that the entry monument be 10 Community Program Board&Parks and Recreation Advisory Commission Joint Meeting June 26,2001 Page 3 located at the intersection of Technology Drive and Prairie Center Drive. Larson suggested that the parking lot include equipment for holding posts for tents,etc. and for electricity. Grieshaber said that is their intent.He indicated that there would be a multi- • purpose building that will be a statement drawing attention to the park. Grieshaber explained that there would be an open-air pavilion and water front edge treatment to accommodate the fluctuation of the water flow. They are proposing a 10 to 12 foot wide boardwalk that will lead the people from the wetland into the path system.Wright asked how anti skateboard this boardwalk would be.Lambert responded that the texture of the surface being proposed would be a deterrent.It is not friendly to skateboarders.The trail system will be aggregate. Warner explained that one of the challenges they have experienced is that people consistently want multiple ways to interface with the water.They have to make sure that whatever is constructed deals with the elevation of the water but still gives the • residents a variety of events they are looking for. Larson asked what type of water flow they are looking at. Lambert stated that one water source is Purgatory Creek,which is fairly heavy year around.Another source is County Ditch No. 1,which basically flows after rainfalls. Generally,there is not a whole lot of difference than what there currently is. The whole purpose of this plan is to improve the water quality into Starring Lake. Larson asked if the water would be stagnant. Lambert responded that the water should move.There is one fairly large water fountain feature proposed that will help with the aeration of the water. Grieshaber said that with regard to the fountain feature,they are proposing some lighting to give a.nighttime allure. • Grieshaber reviewed the proposed sculpture features explaining that they are trying•to introduce some sculptures that are environmentally based.He explained that they are proposing an open lawn terrace that could be used for informal gatherings of people and they propose to introduce sculpture elements in the center of that open area.They are also proposing a formal garden that will call attention to the park as a visual • amenity. Grieshaber explained that the estimated costs for the-first phase of the project is • $570,000 which would include an access road and lighting,site grading and removals, storm sewer piping and landscaping.He reported that the first phase actually addresses the infrastructure. The estimated cost for the second phase is$706,000,which • incorporates an entry monument,parking lot,path connections,boardwalk and lighting,waterfront terrace/fountain and landscaping.Phase III of the project is estimated to cost$464,000 and focuses on the open terrace while Phase IV • • incorporates the building of the plaza and•the formal garden area for an estimated cost of$3,590,000.Warner reported that the total project estimated cost is $7,232,810, which includes contingency and design and administration.Warner reviewed the 'schedule for the proposed project, explaining that Phase I construction could begin in November 2002. Yasiri said she feels strongly that the design of the buildings and monuments be somewhat coordinated with the adjacent transportation hub.The hub is a major. II Community Program Board&Parks and Recreation Advisory Commission Joint Meeting June 26,2001 Page 4 architectural structure that she likes. It is a prairie design and she would like to see that element carried through to the proposed recreation area. Warner responded that is a good point and the citizen task force did direct them to consider the prairie type design. Yasiri asked if the City has considered citizen involvement in donations such as purchasing park benches,plaques, etc.Lambert responded that the task force did discuss that and a number of other ways to get citizens involved. Examples presented included a$100 donation,which would put the citizen's name on a brick.Yasiri asked that they not lose site of this while designing the project. They may also want to consider a memory walk or something similar. Benkowski pointed out that the task force also discussed local businesses donating to the project. Brown asked if the proposed road entrance would be the only way to get in and out of the adjacent office building. Warner responded there would be full access from Technology Drive.Brown said he has some concerns with traffic through the park. Lambert pointed out that people will find the best way out of that area and there may be a time where vehicles are stacked up in the park during evening rush hour.Because . of the road design and stop signs, during rush hour you will have vehicles stacked up no matter what.Brown questioned if the 50 to 60 parking'spaces is adequate and if there is access to other auxiliary lots. Lambert explained that most activity at this park would occur in the evening and on weekends and adjacent parking would be available during those times.During the day,most of the use of the area will be from people walking to that area and will include the lunch crowd. Sta fffeels that 50 to 60 spots will accommodate the number of people who will drive. Brown understands that they don't want to use valuable space for parking,however,they will be criticized for the limited number of spaces. Yasiri asked if there would be an overhead walkway between the transportation center and the entrance to the parks. Lambert stated that there is not a need for a bridge when there is a traffic signal at that intersection. They have also found that pedestrians will not use an overhead bridge unless it is at the same elevation. Lambert indicated that • staff is recommending that both the Board and Commission emphasize how important it is that a full access be developed at this site. The entry will be important to everyone that uses it and access to it will make the park work. Swanson asked if there would be a . seasonal café or ice cream stand located in the park. Lambert responded that they haven't yet gone through the process for the specific programs in the park building. That will be in Phase II or M. With regard to the boardwalk,Yasiri asked that the architect keep in mind that there are a lot of children in Eden Prairie and this walkway needs to be kid-friendly. Swanson also mentioned that there are a lot of geese on Technology Drive and she asked how they plan to limit the number of geese in the open grassy area. Warner explained that they have discussed this in detail and they • cannot guarantee that there will be no geese in that area.However, the edges will be designed to keep the geese out. Teaver said she is very impressed with the proposal and hopes it can all be done for$7.2 million.Warner responded that the level of quality of materials will be the deciding factor. • J 2 Community Program Board&Parks and Recreation Advisory Commission Joint Meeting June 26,2001 Page 5 Community Program Board Action: MOTION:Brown moved,seconded by Teaver,to recommend to the City Council the approval of the final concept plan for Purgatory Creek Recreation Area with full access entry as proposed. The motion carried,4-0. • Yasiri said she would like to ask the City Council to strongly consider incorporating the architecture structure of the park with the adjacent transportation hub and to incorporate citizen involvement in the form of contributions or dedications for park amenities. MOTION: Yasiri moved, seconded by Benkowski,to recommend to the City Council that they consider continuity in the style of architecture between the park and transportation hub and contributions and citizen involvement in the form of dedications. Brown explained that he is not concerned about the structures not fitting in with the bus station. The design of the park still has a long way to go. They have to give the architects some credit and what the overall City stands for.He feels that by limiting the design,they may handicap a future designer.Brown said he feels this is an imnecessary motion. Benkowski said she is wondering if the additional motion is premature.They will still have many stages to go through before they get to the design of the structures. She said she feels this issue may be addressed when they are closer to making decisions. Vote was called on the motion. The motion failed, 1-4 with Brown,Benkowski,Gerst and Teaver voting nay. Parks and Recreation Citizen Advisory Commission Action: MOTION: Larson moved, seconded by Wright,to recommend to the City Council the approval of the final concept plan for Purgatory Creek Recreation Area with full access entry as proposed. The-motion carried,4-0. V. NEW BUSINESS VI. REPORTS OF STAFF VII. FUTURE MEETINGS/EVENTS The next regularly scheduled Community Program Board meeting is July 24,2001. VIII. ADJOURNMENT MOTION: Brown moved,Teaver seconded,to adjourn the meeting. The motion carried,4-0.The meeting was adjourned at 8:30 p.m. 13 APPROVED MINUTES EDEN PRAIRIE COMMUNITY PLANNING BOARD MONDAY,JULY 9, 2001 7:30 P.M., CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS: Ken Brooks, Frantz Corneille, Randy Foote, Vicki Koenig, Kathy Nelson, Fred Seymour, Paul Sodt, Susan Stock,Ray Stoelting STAFF MEMBERS: Krista Flemming,Planner II Stu Fox,Manager of Parks and Natural Resources Mike Franzen, City Planner Alan Gray, City Engineer Scott Kipp, Senior Planner Leslie Stowing,Environmental Coordinator Donald Uram, Community Development/Financial Services Director I. PLEDGE OF ALLEGIANCE--ROLL CALL Vice-Chair Stoelting called the meeting to order at 7:30 p.m. Present: Commissioners Foote, Koenig,Nelson, Seymour, Sodt, Stock, Stoelting,Brooks.Absent Corneille,Vicki Koenig. II. APPROVAL OF AGENDA Motion by Nelson, second by Brooks to approve the Monday, July 9 Community Planning Board Agenda. Motion carried, 8-0. M. MINUTES A. June 11, 2001 Motion by Sodt, second by Seymour to approve the Minutes of the June 11, 2001 Community Planning Board. Motion carried,7-1-0, abstention Brooks B. June 25, 2001 Motion by Stock, second by Seymour to approve the minutes of the June 25, 2001 Community Planning Board. Motion carried, 7-1-0,abstention Brooks. C. June 25,2001 Workshop Foote noted a change on page 5: he said the original intent of Southwest Metro was a shuttle for downtown.He said to strike downtown. ' 5 Community Planning Board Minutes July 9,2001 Page 4 of Co. Rd. 4 and Hwy 5 based on plans dated June 25, 2001, staff report dated July 6, 2001, and recommendations therein.Motion carried,8-0. V. PUBLIC MEETING VI. MEMBERS'REPORTS VII. CONTINUING BUSINESS VIII. NEW BUSINESS A. PURGATORY CREEK RECREATION AREA PLAN Franzen introduced Bob Lambert,Director of Parks and Recreation. Lambert said they had been working on a plan for about 20 years and were prepared to do something with the property. A dike has been in place for two years. This is a key component for the clean water plan. 1.2 million of TIF money is budgeted. The Watershed District has committed around $3 million to the clean water project. 7 acre site at the intersection of Technology and Prairie Center Drive. Vicky Koenig and Susan Stock were members of the Purgatory Creek Task Force. Barry Warner, Consultant, has worked on'a long term vision for Purgatory Creek Park. The south quadrant of Technology and Prairie Center drive. A 2 %2 mile trail will encircle the park. The City will receive land from the MnDOT right of way after highway 5 is complete. There is new construction emerging, the park and ride to the north, and commercial businesses. The site has a stormwater flowage that goes through the middle of the parcel.An easement right-in right-out goes through the site. Amenities will include entry monuments, pavilion, overlooks, fountain, sculpture, and formal garden area. There.are 50-60 parking spots. There is more parking at the park and ride and Flagship. Proof of parking exists and could be constructed. A master plan provides looping trails, spaces within the park allocated for active and passive uses. Pedestrian way connects to the corporate center building. The primary access should come from a four legged intersection; a signalized intersection would provide safe access. Internal circulation roadway may have two 11 foot lanes at 15-20 miles per hour. • Ken Grieshauer reviewed the amenities beginning with the entry monument with steel, brick, stone and wood. Pavers in the parking lot will provide multi-use in the event the parking space is needed for a tent space. A 5-10,000 square foot building will provide space for events. The open-air pavilion will provide space for small groups and an overlook. A serpentine boardwalk will be included along the water. Design elements include circle icon on bridge structures, extended overlooks with trellis overhead. A fountain feature may be provided and sculpture features along railings. A formal garden area will be provided.Phase I project costs are estimated at$570,000;phase II costs are estimated at$706,000;phase III at$464,000 and phase IV at$3,590,000. /6 Community Planning Board Minutes July 9,2001 Page 5 Nelson asked whether the buildings would provide space for community groups or wedding receptions. Lambert noted this was part of the Task Force discussions; it was left as a separate process to decide upon use of the building. Nelson asked whether they had looked into a formal garden. Lambert said this was part of the final phase. This was a concept plan, not design and development. Nelson stated in the early part there was a fair amount of hard surface along the water. Lambert stated there was 2 1/2 miles of wetland, with hard surface along less than 400 feet. Ducks and geese would not be encouraged to come onto the hard surface. Rip rap would be beneath the boardwalk,which would be built above the water. Foote inquired about why the path was being completed in the final phase. Lambert said landscaping the path would be in the final phase; the path would be in the first phase. Stock stated the path was present now along the dike. Sodt asked about similar multipurpose buildings and whether there were similar uses within the City. • Lambert said they did not want to duplicate something that was already present such as in the outdoor center or Riley Lake. By the final phase needs may be more apparent and input from the residents and users will be offered. Sodt asked about the length of the phasing. Lambert said they were unsure. They would like to see phases II through IV completed at the same time but that may not be possible without a referendum for$3-$5 million. Seymour stated his support for the concept. Franzen said the roll of the Planning Board was to determine whether this fits with the Comprehensive Plan and whether it was compatible with surrounding land uses. Staff recommends that the board recommend to the Council that the proposed concept plan is consistent with the Comprehensive Guide Plan and compatible with surrounding land uses. Motion by Sodt, second by Nelson to recommend approval of the Purgatory Creek Recreation Plan. Motion carried, 8-0. 11- Community Planning Board Minutes July 9,2001 Page 6 Stoelting thanked Stock and Koenig for their role in the task force. IX. PLANNERS'REPORTS A. COMPREHENSIVE GUIDE PLAN UPDATE WORKSHOP Franzen noted at the workshop for July 23rd,they would modify the agenda to wrap up on land use;item 2 would be the housing plan. The southwest metro, transportation, and utilities on August 13th. Brooks asked for update on Grace Church mining Franzen stated they are proposing an amendment to allow soil exchange on the property. The Council did riot want to amend the code to allow for conditional use. They proposed an amendment to the developers agreement. Notification was sent to property. X. ADJOURNMENT Motion by Stock, second by Nelson to adjourn.Motion carried,8-0. The meeting adjourned at 8:45 p.m. pHA E I" f Access Road and'Lighting .................. ....... $325,000 Site Grading,ancERemovais ......... ..... . ...... ........ ..... ... . $125,000 . Storm Sewer Piping ........................................................ . . $ 65,000 L`andscaping,.:..:::..._.-.. . .. ....:..... _.. .._.....• .. . .__. $ 55,000 :'Total! • ."...N.... . .'.a ..... ................ ...r..'. O..... - $570,000.w 1 II 7 1. , Iiiii; x o. o't l' i ® Iht ng .; _ .. . . ..:. ' ... ... ... .4. ...$240,000 l 1n-` i^ng 1N i k CND ; , r i»" • • .». . . .. . . . ..$' 28,000 o,t ` , ,., �, ,�.: ! �r *� �r, :.$193.000 o I. Ira • ,el , { S, a; .,l ` • .. ._.':d,.. ..... •• •..,. ........$ 5,000 E' .r M .n I oslc' , `; .: .. .....$1.75,000 �` •fr • °40 e one ac.l .•w. r'a d ng' M a."f,'# # . .... .. :$ 25,000 • iTo �, i . ,.. 4...Sh..j ...•.. e.... ..,'.... ... .. ....•.... .. .•. 71 l : ,k l I �1 ly I ti PHASE 3 Upper Terrace Walk and Lighting $ 85,000 Boardwalk Overlook $110,000 Terrace Stairs to Boardwalk ' $ 80,000 Open Air Pavilion $150,000 Path Connections $ 14,000 Landscaping $ 25,000 Total • $464,000 P ,S h Buildrng•and Plaza . . . . ..... . ... .. . .$1,000,000-$3,000,000 Formal GardenrArea • $250,000 Dine'Boardwalk Crossing and Overlooks , $180,000 '1. .' DiIt 1aandscaping and Lighting ,:...:: $160,000 :Total-.: ;..��:.::::: . ..;. - . ::.,: :`:°::. : :.: .,,. .•.•'.;.;.::: :.`.:.. '..•::... .:..... . .. . ... . . $3,590,000 . ..,4•? `COST SUMMARY Phase1,: $ 570,000 Phase 2:: • $ 706,000 Phase•3 :.: .: ., :, $ 464,000 -Phase 4 ' $3,590,000 Total • . . $5,330,000 - 15%contingency -, . • $ 799,500 Sub Total $6,129,500 18% Design and Administration $1,103,310 TOTAL PROJECT COSTS $7,232,810 Ell _Purgatory-CreekRecreation Area City of Eden Prairie 6''$07 Preliminary Cost Estimate I° CITY COUNCIL AGENDA DATE: 08-07-01 SECTION: Reports of Boards and Commissions SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Heritage Preservation Authorize negotiations with Dunn Bros. Coffee for Commission Adaptive Reuse of the Smith House for Use as a "�" Lori Peterson-Benike, Chair Coffee House -t-`-`" Requested Action Move to: Authorize City staff to negotiate with Dunn Bros. Coffee for adaptive reuse of the Smith House for use as a coffeehouse. Synopsis The City has received a Preliminary Proposal from Dunn Bros. Coffee which indicates their interest and desire to work with the City to establish a unique coffeehouse located in the historic Smith House. Staff recommends the City Council allow staff time to complete negotiations with Dunn Bros. before the City paints or restores the exterior of the Smith House. Background Information: The City Council adopted the Heritage Preservation Commission's (HPC) Adaptive Reuse recommendation for the Smith House on July 18, 2000. The HPC had recommended two options, the first, to rehabilitate the house for reuse as a commercial site with the City retaining ownership, the second, to rehabilitate the house for either commercial or residential use, sell the property, and guide the restoration process to ensure the house retains its historic character. The HPC recommended the City Council adopt option one. In August 2000, the City Council directed staff to solicit marketing proposals for the Smith House from real estate professionals. No proposals were received by the City. However, there was interest in the property,but by most accounts, not enough time allowed to prepare proposals. Dunn Bros. Coffee had also received the Request for Proposal, and while they were interested in the site, they did not feel they could respond to the specific market feasibility or lease concerns in the City's request. HPC member Art Weeks had recommended Dunn Bros., citing their successful experience with reuse of historic and non-historic building space for coffeehouse use. Dunn Bros. has remained interested in the Smith House and on June 28,2001, Chris Filers,President of Dunn Bros. Coffee met staff at the house to tour the site. Mr. Eilers recently forwarded a letter to the City(attached) which serves to notify the City of Dunn Bros. interest in the site. a U In addition to Dunn Bros., a local realtor met with staff at the Smith House on July 17,2001. His interests in the property are similar to Dunn Bros.regarding reuse,but would favor ownership in the property. Recent cost estimates for exterior restoration of the house are included here for the Council's consideration. These costs reflect the considerable rise in construction costs in the last year, and the extent of repair and/or replacement now needed to restore the exterior of the house. Paint exterior(over sound substrate) $ 4,800.00 Masonry restoration(100%) $ 81,792.00 Reroofing/gutter installation $ 55,309.00 Bay window restoration $ 1,026.00 West Porch restoration $ 20,130.00 South porch restoration $ 9,240.00 Repair/refinish doors $ 5,820.00 Repair/replace windows, stone sills/wood shutters $ 55,000.00 TOTAL $ 233,117.00 Not included in the above costs are floor framing structural repair, septic system replacement, fire sprinkling the interior, interior work, accessibility modifications, reconstruction of the east addition (old kitchen), HVAC, electrical upgrades, plumbing modifications, outbuilding restoration,or parking lot enlargement. Only one painting estimate was received, most painters would not agree to painting the exterior • in its current condition. Attachments Dunn Bros. Coffee Preliminary Proposal Preliminary Proposal Dunn Bros Coffee is pleased to offer this preliminary proposal for the potential use of the"Smith Douglas Moore Homestead"as a Dunn Bros Coffee • Coffeehouse. Although a significant cost analysis is not yet complete,Dunn Bros Coffee believes this historic property may offer a unique opportunity to create a truly special coffeehouse environment. We have outlined some initial concerns relating to the adaptive reuse of this property from it's residential nature to that of commercial use: These concerns are as follows: 1.) The property may require significant structural rehab. 2.) How to address existing commercial code requirements in a realistic and cost effective manner. • 3.) An addition to the rear of the house would most likely be required to - - accommodate cleaning,preparation, and storage, 4.) Parking and access to parking could need to be expanded to accommodate up to 20 vehicles. • 5.) Adequate signage would need city approval. We are interested in continuing efforts to resolve these issues and look forward to further discussion on this exciting opportunity to convert this historic property into a wonderful public space for the city of Eden Prairie. • CITY COUNCIL AGENDA DATE: August 7,2001 SECTION: Appointments SERVICE AREA/DIVISION: ITEM DESCRIPTION: Appoint Representatives ITEM NO.: Parks and Recreation to the City and School Facility Use Advisory Laurie A. Obiazor,Manager Committee Requested Action: Move to: Appoint Susan Oswald,Community Program Board member,and David Larson,Parks and Recreation Citizen Advisory Commission member,to the City and School Facility Use Advisory Committee. Synopsis: On July 24,2001,the Community Program Board and the Parks and Recreation Citizen Advisory Commission each nominated one representative to serve on the City and School Use Advisory Committee. Susan Oswald from the Community Program Board and David Larson from the Parks and Recreation Citizen Advisory Commission were selected as the nominees. The City and School Facility Use Advisory Committee advises the School Board and the City Council regarding city and school facility usage in Eden Prairie with the objectives of maximizing citizen satisfaction,encouraging efficient use of facilities and delivery of programs,and minimizing facility use charges to the City or School District. Background: The City and School Facility Use Advisory Committee was established by the Eden Prairie City Council and the School Board in fall 1996. The committee now meets twice a year. The next committee meeting is scheduled for August 15,2001,at 7:00 p.m. (location to be determined). The committee consists of a School Board representative,a City Council representative,two representatives from the Community Ed Advisory Council,a representative from the Parks,Recreation& Natural Resources Commission,and a representative from the Arts Commission. The Community Program Board representative will replace the Arts Commission representative. The Arts Commissions no longer exists,and the Art&Culture Citizen Advisory Commission is inactive at this time. The Parks&Recreation Citizen Advisory Commission representative will replace the Parks, Recreation&Natural Resources Commission representative. Attachment: Guidelines for City/School Use of Facilities • GUIDELINES FOR CITY/SCHOOL USE OF FACJ •ITIES 1. Philosophical Position • The Eden Prairie School District and the City of Eden Prairie generally represent the same constituencies and, as a result, each.governmental unit promotes the use of their respective facilities by the community in order to maximize the use of public-owned facilities. 2. Concept for Intergovernmental Cooperation It shall be the general philosophy and concept of the Eden Prairie School District and the City of Eden Prairie to provide the facilities of each governmental unit at no charge to each otherwhen the functions are for the usage of the Eden Prairie.community residents except that when:. a. the school district uses the ice facilities and swimming facilities at the Community Center for educational purposes,the school district will continue to pay the city for these functions as outlined in mutually accepted agreements. • b. the City of Eden Prairie and the Eden Prairie School District have joint power agreements wherein the joint power agreements will prevail. c. Direct operating expenses,such as staffing costs,are incurred by either governmental • unit,the costs shall be passed on.to the user. Community groups and,governmental usages shall be treated identically by the respective policies of each governmental unit. 3. Financial. A financial summary of facility usage charges shall be prepared semiannually on June 30 and December 31 by each governmental unit. 4. Non-Duplication of,Services Each governmental unit shall work cooperatively to eliminate duplication of services and • programming. The City of Eden Prairie shall provide recreationally-oriented programs, and the school district shall provide educationally-oriented programs. • • 5. Joint Facilities Advisory Committee A joint facilities advisory committee consisting of community representatives and staff shall be established.to review operational guidelines.and policies, review semiannual financial charges, and address other questions that would be of mutual concern. It is suggested to • have approximately six to eight citizen members plus one staff member each from the city and school district as ex-officio members. GaideFuBob96 . september5,1996 . CITY COUNCIL AGENDA DATE: August 7,2001 SECTION: Reports of Officers SERVICE AREA: ITEM DESCRIPTION: ITEM NO.: Council/ Appointment of Acting City Manager X I V • A . I Mayor Jean L.Harris �`t Requested Action Move to: Approve August 7, 2001,Agreement between the City of Eden Prairie and Donald Uram. • Synopsis The Council directed the Mayor and Council Member Tyra-Lukens to negotiate an agreement with Don Uram whereby Uram would serve as City Manager and continue in his position as Director of Community Development and Financial Services while the City searched for and employed a permanent City Manager. The attached agreement is presented to the City Council. The agreement provides for the following: 1. Increases Mr. Uram's salary to reflect that he will be performing the duties of two fulltime positions, for a period of time no less than 6 months and no longer than 12 months, with continuation of his salary increase after he ceases to be City Manager, for a time period equal to the number of months, beyond 8 months, that he serves as City Manager; 2. Increases his car allowance commensurate with what has been provided to the City Manager; 3. Recognizes that Mr.Uram will not be in a position to fully utilize his vacation time and therefore waives the limitation on accrual of vacation time until Dec. 31,2002; 4. Retains all Uram's rights as Director of Community Development and Financial Services, including his return to the position of Director of Community Development and Financial Services upon termination of his services as City Manager. AGREEMENT This Agreement is dated as of the 7th day of August, 2001, by and between the City of Eden Prairie ("City") and Donald Uram("Uram"). WHEREAS, Uram is currently employed by the City as the Director of Community Development and Financial Services; WHEREAS, City desires that Uram also serve as City Manager for an interim period of time while the City searches for and hires a permanent City Manager while continuing to fulfill his duties as Director of Community Development and Financial Services; and WHEREAS, Uram is willing to serve as City Manager pursuant to the terms of this Agreement and continue as Director of Community Development and Financial Services. NOW THEREFORE, the City Council of the City ("Council") appoints Uram to the position of City Manager commencing August 8, 2001 for an interim period of time while the City searches for and employs a permanent City Manager and Uram hereby accepts upon the terms herein provided: IT IS AGREED as follows, 1. POSITION The Council appoints and employs Uram as the City Manger and Uram accepts appointment and employment as the City Manger commencing August 8, 2001, while continuing to serve as Director of Community Development and Financial Services. 2. SALARY a. Effective July 30, 2001 the City shall pay Uram an annual based salary of one hundred fourteen thousand two hundred seventy six dollars ($114,276) in installments payable at the same time other City employees are paid. b. Annually, in January, when the salaries of other City employees are adjusted based on the City's Employee Pay Equity Salary Guideline, the salary and benefits of Uram shall be reviewed and adjusted as the Council deems appropriate. Uram's current salary as Director of Community Development and Financial Services shall be adjusted in the regular course pursuant to the City's Employee Pay Equity Salary Guideline so that such change is effective when Uram appointment as City Manager ends.. c. Uram shall be compensated as City Manager in accordance with the terms of this Paragraph 2 for a period of time no less than six months. In addition, Uram shall continue to receive compensation at the level provided for in this Paragraph 2 for such number of months following the appointment of a permanent City Manger equal to the number of months beyond eight months that Uram serves as City Manager. 3. CITY PLANS Uram will be entitled to fully participate in the following benefits: a. Automobile Effective July 30, 2001Uram will be paid a car allowance of six hundred fifty dollars ($650) per month to compensate him for use of his personal vehicle for City business within the seven(7) county metropolitan area for the period of time Uram is compensated as City Manager. If Uram uses his own automobile for City business outside the area, City shall reimburse him on a mileage basis at the same rate applicable to other City employees. b. Vacation and Sick Leave Uram will be granted vacation and sick leave based upon the current policy for all City employees subject to the following modification. Since Uram currently has accrued an amount of vacation time near the maximum accrual allowed for vacation and since it is anticipated that Uram will not be able to utilize all vacation time that he earns while serving as both City Manager and Director of Community Development and Financial Services, effective July 30, 2001Uram shall be allowed to accrue vacation leave in excess of the limitation provided for in the City's Personnel Policy, Section 7.15. Uram shall be allowed to use such vacation time accrued in excess of the maximum until December 31,2002, at which time this modification shall expire. All vacation and sick leave earned by Uram during the period he is serving as City Manager shall be compensated at the rate of pay specified in this Agreement. For purposes of this Agreement, sick leave and vacation is considered used on a first in, first • out basis. c. General Expenses City recognizes that certain reasonable expenses of a non-personal and generally job-affiliated nature may be incurred by Uram, and therefore City will reimburse or pay those reasonable expenses, subject to Council approval. 4. TERMINATION In the event Uram's appointment as City Manager is terminated by the Council, such termination shall not affect Uram's employment by the City as Director of Community Development and Financial Services. Uram shall retain all rights he currently has as an employee of the City and the Director of Community Development and Financial Services subject to such modifications to City policies as are of general application to employees of the City. /3 5. OTHER TERMS AND CONDITIONS. All personnel policies, resolutions and procedures of the City shall apply to Uram as they would to other City employees. Except as otherwise provided herein or by law, this Agreement shall constitute the entire agreement between the City and Uram. 6. GENERAL PROVISIONS Nothing in this Agreement prevents, limits, or otherwise interferes with the right of the Council to terminate the appointment of Uram as Manager at any time, for any reason, subject only to the provisions of this Agreement and law. Nothing in this Agreement prevents, limits, or otherwise interferes with the right of Uram to resign at any time as Manager, for any reason, subject only to the provisions of this Agreement and law. If any provision, or provisions contained in this Agreement is or are held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement shall not be affected, and shall remain in full force and effect. 7. This Agreement shall have a term of no longer than twelve months unless extended or amended in a writing signed by both parties hereto. By its approval the Council has authorized the Mayor and City Manager to execute this Agreement on behalf of the City. August 7, 2001 City of Eden Prairie By Its Mayor By Its Acting City Manager Donald Uram CITY COUNCIL AGENDA DATE: SECTION: Report of the Director of Public Safety August 7,2001 SERVICE AREA: ITEM DESCRIPTION: ITEM NO.: James Clark,Public Safety Joint Powers Agreement for South Metro . F. I. Services Director Public Safety Training Facility Requested Action: Move to: Approve Joint Powers Agreement with the Cities of Bloomington, Edina and the Metropolitan Airports Commission (Police Department) for the South Metro Public Safety Training Facility. Synopsis: City staff has worked with Bloomington, Edina and MAC to develop a financing and operations plan for the South Metro Public Safety Training Facility,which will be located in the City of Edina. Staff has agreed to the conditions of the agreement and the City Attorney has reviewed the agreement and worked with legal staff from the consortium. Background Information: The need for a training facility in this area was recognized in the early 1990's and work began to develop a financing and construction plan. There are currently no conveniently located training facilities for live firearms and firefighting training. In addition to the travel time,we are having increasing difficulty scheduling time at the existing facilities. This facility will be convenient and will allow us to schedule the appropriate training time to meet the State mandates as well as our training expectations. This facility will include indoor firearms training as well as a complex of buildings that will be used for simulated"hot"firefighter training. The fire training buildings will simulate the diversity in construction that we have in this area. The City of Eden Prairie will be expected to contribute $1,306,364.00 for the construction of the facility. In December of 1997 the City Council approved a resolution permitting the City to issue general obligation bonds in the amount of$1,000,000. The difference will come from the Capital Improvement Program. The consortium made several attempts to secure funding from both the State and Federal government. We recently were granted a$500,000.00 grant to be applied to the project. Non-member agencies who schedule training time will compensate the consortium for use of the facility. JOINT POWERS AGREEMENT SOUTH METRO PUBLIC SAFETY TRAIN NG FACILITY THIS AGREEMENT is made on the day of ,2001,between the City of Bloomington, a Minnesota municipal corporation("Bloomington"),the City of Eden Prairie, a Minnesota municipal corporation("Eden Prairie"),the City of Edina, a Minnesota municipal corporation("Edina"), and the Metropolitan Airports Commission, a Minnesota public corporation('MAC"). RECITALS A. Each Member to this Agreement has determined that it is in the best interests of their communities to undertake in a cooperative fashion the construction of a facility in the southern portion of the Twin Cities metropolitan area to be used for the training of law enforcement officers and firefighters. B. It is more economical for the Members to jointly and cooperatively construct and operate a public safety training facility than for each Member to construct and maintain its own facility. C. The Members are authorized pursuant to Minnesota Statutes, Section 471.59,to enter into agreements providing for the joint and cooperative exercise of powers common to them. D. The Members desire to jointly and cooperatively exercise power common to them by jointly constructing and operating a public safety training facility in accordance with the terms set forth herein. NOW, THEREFORE, in consideration of the mutual understandings and agreements hereafter set forth,the Members agree as follows: • ARTICLE I Section 1. Definitions. When used in this Agreement,the following terms shall be defined as follows,unless a different meaning is clearly specified: Association- The term "Association" shall be used to refer to South Metro Public Safety Training Facility Association which is formed by this Agreement. Board-The term"Board" shall be used to refer to the governing body of this Association. Board Member- The term"Board Member" shall be used to refer to an individual member of the Board,who is appointed in accordance with Article II, Section 2 to represent a Member municipal or public corporation of the Association. SOUTH METRO PUBLIC SAFETY TRAINING FACILITY JOINT POWERS AGREEMENT-Page 1 Coordinator- The term"Coordinator" shall be used to refer to the person appointed by the Board to manage and coordinate the daily operation of the Facility. Cost Sharing Formula- The term "Cost Sharing Formula" shall be an annual calculation used to determine each Member of the Association's proportionate share of the annual operating expenses of the Facility. Each Member's proportionate share of the annual operating expenses shall be calculated as follows: (The number of full time) (The number of F.T.E.) (peace officers authorized) + (fire fighters authorized) (bv the Member) (by the Member) (The number of full time) (The number of F.T.E.) (peace officers authorized) + (fire fighters authorized) (by all Members) (by all Members) Each full-time fire fighter employed by a Member shall constitute one F.T.E. (Full Time Equivalent) fire fighter and each volunteer fire fighter working for a Member shall constitute one-half of a F.T.E. fire fighter for purposes of this calculation. Where a Member's participation in the Association is limited to one public safety vocation(police or fire)that Member's proportionate share shall be calculated as if that Member had no personnel employed in the other public safety vocation. The above described calculation shall be carried out to the 1/100 of a percent and the proportionate shares of all Members must total 100%. Facility- The term"Facility" shall be used to refer to the South Metro Public Safety Training Facility and shall include all structures,buildings and the grounds associated with the South Metro Public Safety Training Facility. Hazardous Substance- The term"Hazardous Substance"shall be used to refer to any pollutant, contaminant,hazardous substance or waste, solid waste,petroleum product, distillate, or fraction, radioactive material, chemical known to cause cancer or reproductive toxicity,polychlorinated biphenyl or any other chemical, substance or material listed or identified in or regulated by any Environmental Law. Environmental Law refers to the Comprehensive Environmental Response Compensation and Liability Act("CERCLA"),42 U.S.C. 9601 et seq.,the Resource Conservation and Recovery Act, 42 U.S.C. 9601 et seq.,the Federal Water Pollution Control Act, 33 U.S.C. 1201 et seq.,the Clean Water Act, 33 U.S.C. 1321 et seq.,the Clean Air Act,42 U.S.C. 7401 et seq.,the Toxic Substances Control Act, 33 U.S.C. 1251 ET SEQ., all as amended from time to time, and any other federal, state, local or other governmental statute, regulation, rule or ordinance dealing with the protection of human health, safety,natural resources or the environment now existing and hereafter enacted. Major Improvement- The term"Major Improvement" shall be used to refer to any addition to or improvement to the Facility designated as a Major Improvement by the Board irrespective of value or any addition to or improvement to the Facility with a value at$100,000 or greater. SOUTH METRO PUBLIC SAFETY TRAINING FACILITY JOINT POWERS AGREEMENT-Page 2 3 Member- The term"Member"shall be used to individually refer to a municipal corporation or public corporation that is a party to this Joint Powers Agreement. Operating Budget- The term"Operating Budget" shall be used to refer to the annual budget of operating expenses for the Facility,including but not limited to,maintenance and repair of the building and grounds,costs of utilities,maintenance and repair of all equipment associated with the building, supplies and materials associated with the operation of the Facility,personnel expenses associated with the Coordinator and other ordinary business expenses associated with the operation of the Facility, except for Major Improvements and Public Safety Consumables. Public Safety Consumables- The term"Public Safety Consumable"refers to firearm ammunition,propane fuel used in fire tower operations, fire extinguishing material, other than water,used in any fire fighting training operation and other unique training supplies declared to be Public Safety Consumables by the Board. Section 2. Plural and Singular References. Unless a contrary intent is clearly demonstrated, a singular reference to a person or entity shall include the plural and a plural reference to persons or entities shall include the singular. Section 3. Counterparts. This Agreement may be executed in several counterparts,each of which shall be an original and all of which shall constitute but one and the same instrument. ARTICLE II Section 1. Formation of Association. The parties to this Agreement form the "South Metro Public Safety Training Facility Association" for the purpose of constructing and operating a public safety training facility. Each Member shall be a member of the Association until it terminates participation under the Agreement pursuant to Article III. Section 2. Governance of Association. The Association shall be governed by a Board consisting of one representative from each Member. The Board representative need not be an elected official of any Member of the Association. The manager or executive director of a Member shall designate an individual to serve as such Member's representative and an alternate representative who shall be entitled to act as the representative of the Member on the Board in the case of the absence or disability of the representative of such Member on the Board. Each representative and their alternate shall serve until a successor is appointed and assumes his or her responsibilities. Board Members and their alternates shall serve at the SOUTH METRO PUBLIC SAFETY TRAINING FACILITY JOINT POWERS AGREEMENT-Page 3 y pleasure of the Member appointing them and any vacancy on the Board shall be filled by the Member whose position on the Board is vacant. Each Board Member shall have one vote. The Board shall act by 3/4 majority vote of the Board Members at a meeting duly called upon 15 day written notice to each Board Member and to the manager or executive director of each Member. Should the membership in the Association decline to three members the 3/4 majority vote required for Board action shall be reduced to a 2/3 majority vote. At least three Board Members must be present to constitute a quorum of the Board. The Board shall meet at least once annually and more often as it deems necessary to perform it's duties. The Board shall designate one of the Board Members as the Chair and a second as the Vice Chair. This designation will be made annually by the Board and the Chair and Vice Chair shall retain their positions until a successor has been designated. The Chair and Vice Chair must be voting members of the Board. The Chair shall preside at all meetings of the Board and shall perform all duties incident to the office of Chair and such other duties as maybe delegated by the Board. The Vice Chair shall act as Chair in the absence of the Chair. A record of all proceedings of the Board shall be maintained and a copy of that record shall be forwarded to the Manager or Executive Director of each Member. The Chair and Vice Chair shall have the authority to sign all documents on behalf of the Association. The Board may establish committees for any purpose related to the business of the Association. The members of a committee need not be members of the Board. Committees are subject at all times to the direction and control of the Board. Section 3. Operating Committee. There shall be appointed by the Board an Operating Committee, consisting of a police training officer for each Member which is a law enforcement participant and a fire training officer for each Member which is a fire fighter participant. The Operating Committee shall be responsible for identifying training needs,working with the Coordinator to schedule curricula and training sessions, insuring proper supplies, coordinating the maintenance of the Facility, and developing an Operating Budget for submission to the Board for approval. The Operating Committee will be responsible for the development of the operating policy for the Facility and shall forward recommendations with respect to the Facility to the Board as appropriate. Section 4. Fiscal Matters. The Board shall designate one of the Members to act as fiscal agent for the Association. The Fiscal Agent shall have custody of the Association's funds, shall pay its bills, shall keep its financial records, and generally conduct the financial affairs of the Association. The Fiscal Agent shall be responsible for such other matters as shall be delegated to it by the Board. The City of Edina is hereby appointed as Fiscal Agent until such time as a successor fiscal agent is appointed by the Board. SOUTH METRO PUBLIC SAFETY TRAINING FACILITY JOINT POWERS AGREEMENT-Page 4 5 Any Member may inspect and copy the Association's books and records at any and all reasonable times.All books and records of the Association shall be kept in accordance with normal and accepted accounting procedures and principles used by Minnesota cities. The Fiscal Agent shall prepare annual financial statements of the Association.A copy of such annual financial statements shall be distributed to each of the Members. Section 5. Operating Budget. On or before May 1 of each year, the Board shall prepare and approve a budget for the operation of the Facility for the next calendar year.A copy of the operating budget and a break down of each Member's share of the operating using the Cost Sharing Formula, shall be forwarded to each Member by May 15. Each Member shall be responsible for the payment of their share of the operating costs of the Facility. Each Member shall make payment of one quarter of their proportional share of the annual operating costs for the Facility to the Fiscal Agent on or before the 15th day of the first,the fourth,the seventh and the tenth month of each year. Failure of a Member to pay its proportional share of the operating costs, or additional expenses unanimously approved by the Board shall be grounds for removal of the Member from the Association. To the extent possible, expenses that are exclusively related to one public safety vocation(police or fire) shall be stated separately with the assessment allocated to Members who are participating members for that vocation, including Public Safety Consumables which shall be stated separately and assessed against the Member actually using those items. Section 6. Facility Coordinator. A person shall be appointed by the Board to act as the Coordinator for the Facility. The Coordinator shall be an employee of one of the Members and the Member employing the Coordinator shall be entitled to reimbursement of wages,benefits and other payroll related expenses under guidelines established by the Board. The Coordinator shall be responsible for the day to day operation and maintenance of the Facility and other responsibilities as assigned by the Board. The Coordinator shall be responsible for managing rental agreements from any non- Member public safety agency which desires to utilize the Facility for training purposes. Section 7.Major Improvements. If recommended by the Operations Committee and approved by the Board in advance and ratified by the governing body of each of the Members,the costs of all major capital additions and improvements to the Facility shall be assessed against each Member based upon the Cost Sharing Formula. Where a Major Improvement is only related to one public safety vocation (police or fire), the costs shall only be allocated against the participating Members for that vocation. Section 8. Insurance. The Association shall purchase insurance in forms and amounts to adequately protect its insurable interests in the value of the Facility and all other property of the Association against SOUTH METRO PUBLIC SAFETY TRAINING FACILITY JOINT POWERS AGREEMENT-Page 5 perils of fire,theft,vandalism and Acts of God, and to protect the financial interests of the Association,the Members and their agents and employees, against all claims or lawsuits, including expenses and attorney fees, arising from the ownership, design, operation, and maintenance of the Facility. The policy limits,terms and conditions shall be acceptable to each Member. Costs of insurance shall be included in the Operating Budget. The Board shall continually assess the need for other policies of insurance deemed necessary and appropriate by the Board to protect the property of Association,to protect the Association from claims and to protect the Members of the Association from any claims that might be made against them by virtue of their participation in the Association and operation of the Facility. Section 9. Facility Use. Each Member shall be entitled to proportionate use of the Facility based upon the Cost Sharing Formula, subject to advance scheduling through the Coordinator under the rules and guidelines established by the Operating Committee. Section 10.Use By Other Public Safety Agencies The Board may establish guidelines and policies for use of the Facility by other non- Member public safety agencies for a rental fee. The Coordinator shall implement the guidelines for use of the Facility and shall be in charge of scheduling and collection of rents and fees. Rental use by other non-Member public safety agencies shall not conflict with scheduled activity by any Member. Any rents or fees collected in excess of the yearly operating expenses may at the Board's discretion,be retained for repair or improvements to the Facility, future operating expenses, or returned to the Members in proportion to the Cost Sharing Formula. ARTICLE III Section 1. Addition of Members to Association Additional Members may be added to the Association upon a majority vote of the Board and the ratification of a majority of the governing bodies of each Member. Section 2. Withdrawal from Association. Any Member may withdraw from the Association by giving written notice of intent to withdraw directed to the attention of the Board members not later than January 1 of the preceding year. A Member's notice of intent to withdraw shall be accompanied by a certified copy of a resolution of the Member's governing body stating its intent to withdraw from the Association. The withdrawing Member shall not be entitled to any refund for its share of the capital costs or fees or operating costs paid under this Agreement. The withdrawing Member waives any and all rights and interest in the Facility as of the date of withdrawal. Any withdrawing Member shall also be responsible for its proportionate share of outstanding operating costs of the Facility through the end of the calendar year in which it gives notice of intent to withdraw. A withdrawing Member shall not be relieved of responsibility for any SOUTH METRO PUBLIC SAFETY TRAINING FACILITY JOINT POWERS AGREEMENT-Page 6 foreseen or unforeseen liabilities that may have accrued while they were a member of the Association,including,but not limited to the cost of clean-up of any hazardous substance from the Facility site. A withdrawing Member shall have no claim to assets of the Association including excess fees or rents collected under Article III, Section 10. Section 3.Dissolution. Upon unanimous approval by the Members and ratification of the governing bodies of each Member, a dissolution of this Association may be adopted, at which time the liabilities of the Association shall be satisfied from the assets of the Association. The Members further agree that they will share in the cost of clean-up of any hazardous substance caused or created by the Member's usage of the Facility site. The Facility shall then revert to the City of Edina, and all remaining assets shall be divided among the Members at the time of dissolution based on the Cost Sharing Formula. In making a final distribution of assets,the value of the Facility shall be credited against any share of the remaining assets the City of Edina would otherwise be entitled to receive under this provision. Section 4.Assignment A Member shall not assign or transfer its rights and obligations under this Agreement without the prior unanimous written consent of all other Members and the ratification by the elected bodies of each Member. Section 5.Amendment. This Agreement may be amended upon proposal by the Board and approval by the governing body for each Member. ARTICLE IV. Section 1. Location of Public Safety Training Facility. The Association shall provide for the construction, equipping and operation of a public safety training facility as described in Exhibit A. The Facility shall be constructed on property owned by the City of Edina and located in the vicinity of the southwest corner of Braemar Park within the corporate limits of the City of Edina as more specifically described in Exhibit B hereto. Before initiating construction of the public safety training facility the Association shall enter a long term ground lease with the City of Edina covering the Facility Site for a term of thirty(30)years, Exhibit D. The lease shall provide for renewal for successive ten year periods at the option of the Association. Section 2. Ownership of the Public Safety Training Facility SOUTH METRO PUBLIC SAFETY TRAINING FACILITY JOINT POWERS AGREEMENT-Page 7 The Association shall be the owner of the Public Safety Training Facility. Section 3. Design and approval of the Public Safety Training Facility The Members have undertaken preliminary design work related to construction of the Public Safety Training Facility. The Association will proceed with preparation of preliminary plans and design development drawings for the Facility based upon the preliminary work already completed. Upon completion of those drawings,the Association will file an application for a conditional use permit pursuant to the Edina City Code. If the conditional use permit is approved,the Association will authorize the project architects to proceed with construction plans and specifications. The construction plans will also include a cost estimate. The final cost estimate will include all costs associated with the construction of the Facility, including,but not limited to, design fees as well as a contingency budget for unforeseeable circumstances associated with the construction. Final construction plans, specifications and cost estimates must be approved by the Board. The City of Edina may charge its customary fees for the review of plans and specifications,the issuance of permits and inspection of work on the Facility in accordance with the Uniform Building Code. If at any point,the Association elects not to • construct the Facility, each of the Members agrees to pay their proportionate share of the costs incurred in furtherance of the project. Section 4.Payment of Costs of Construction and Equipping of Facility. The initial costs of construction and equipping the Facility are estimated to be $5,700,000 dollars. To provide for the payment of the costs of constructing and equipping the Facility, each Member agrees to pay a proportion of the initial costs of construction and equipping the Facility as set forth in Exhibit C, attached hereto. The City of Edina will act as the fiscal agent for the Association during the construction of the Facility. Upon the approval, and within 60 days of final construction plans and specifications, each Member shall transfer funds to the City of Edina to cover the initial costs of construction and equipping the Facility as set forth on Exhibit C. The funds will be deposited into an interest bearing escrow account and segregated from other funds maintained by the City of Edina. Any interest earned upon those funds shall be maintained for the benefit of the Association. Upon deposit of the requisite funds, the City of Edina will advertise the project for bids on behalf of the Association in accordance with the requirements of the municipal contracting law. An independent construction manager,who will oversee all construction bidding and processing of payments,will be retained for the project by the Association. Prior to awarding construction contracts,the Board will review and with a majority decision, approve the bids received with each of the Member. If the contracts exceed the cost estimates contained in the construction plans (including a contingency budget)previously approved by the Members,the Board shall eliminate or modify the proposed contracts in order that the contracts awarded do not exceed the costs estimates contained in the construction plans previously approved by the Members. The unanimous consent of the Board is required for any modification of the proposed contracts specified herein. SOUTH METRO PUBLIC SAFETY TRAINING FACILITY JOINT POWERS AGREEMENT-Page 8 9 The Association will be the contracting entity and will use ordinary and prudent efforts to require that the Facility is constructed in compliance with approved plans and specifications and completed with reasonable promptness in accordance with the schedule prepared by the architect. The City of Edina shall appoint an employee to act on behalf of the Association as a construction coordinator during the construction of the Facility. The Board may authorize the construction coordinator to approve change orders as necessary during the construction of the Facility and may establish appropriate limitations upon the exercise of that authority. ---This page intentionally left blank beyond this point--- SOUTH METRO PUBLIC SAFETY TRAINING FACILITY JOINT POWERS AGREEMENT-Page 9 /6 IN WITNESS WHEREOF,the undersigned have caused this Agreement to be executed by their duly authorized officers by authority of their respective governing bodies. CITY OF BLOOMINGTON Mayor City Manager Date • SOUTH METRO PUBLIC SAFETY TRAINING FACILITY JOINT POWERS AGREEMENT-Page 10 I! IN WITNESS WHEREOF,the undersigned have caused this Agreement to be executed by their duly authorized officers by authority of their respective governing bodies CITY OF EDEN PRAIRIE Mayor City Manager Date SOUTH METRO PUBLIC SAFETY TRAINING FACILITY JOINT POWERS AGREEMENT-Page 11 IN WITNESS WHEREOF,the undersigned have caused this Agreement to be executed by their duly authorized officers by authority of their respective governing bodies CITY OF EDINA Mayor City Manager Date SOUTH METRO PUBLIC SAFETY TRAINING FACILITY JOINT POWERS AGREEMENT-Page 12 • �3 IN WITNESS WHEREOF,the undersigned have caused this Agreement to be executed by their duly authorized officers by authority of their respective governing bodies METROPOLITAN AIRPORTS COMMISSION Date SOUTH METRO PUBLIC SAFETY TRAINING FACILITY JOINT POWERS AGREEMENT-Page 13 Provision for adding partners(unanimous agreement) • Provisions that are equitable to all members • Environmental issues • Indemnification • Incorporate value • Allocation of funding • Edina as construction fiscal agent • Edina as construction manager(change order authority to $5,000 within contingencies° SOUTH METRO PUBLIC SAFETY TRAINING FACILITY JOINT POWERS AGREEMENT-Page 14 '5