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City Council - 08/21/2001
AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,AUGUST 21,2001 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: Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,AUGUST 7,2001 B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 7,2001 VI. CONSENT CALENDAR A. GIRARROSTO TOSCANO RESTAURANT by Girarrosto Toscano, Inc. 2nd Reading for 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. (Ordinance for PUD District Review and Zoning District Amendment and Resolution for Site Plan Review) B. ADOPT RESOLUTION APPROVING FINAL PLAT OF GRACE CHURCH ADDITION C. AUTHORIZE ISSUANCE OF GRADING PERMIT TO STEVEN BROWN FOR CULVERT REPLACEMENT AT 9950 DELL ROAD D. APPROVE SUPPLEMENTAL PROFESSIONAL SERVICES AGREEMENT WITH TKDA FOR CONTRACT ADMINISTRATION SERVICES FOR THE UTILITY VEHICLE STORAGE BUILDING,I.C. 00-5516 CITY COUNCIL AGENDA August 21,2001 Page 2 E. APPROVE SPECIAL ASSESSMENT AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS ON EDEN PRAIRIE ROAD, SOUTH OF RILEY CREEK(WOODBEAR HIGHLAN)�S F. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR RIVERVIEW ROAD STORM SEWER IMPROVEMENTS,I.C. 52- 157 G. ADOPT RESOLUTION APPROVING A LIMITED USE PERMIT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR TRAIL CONSTRUCTION ALONG TH HIGHWAY 212 H. APPROVE AMENDMENT TO PROJECT MANAGEMENT AGREEMENT TO EXTEND THE ALLOWABLE COMPLETION OF THE ROLLING HILLS SENIOR APARTMENT PROJECT TO OCTOBER 3, 2003 I. RELEASE THE ROLLING HILLS SENIOR HOUSING PROPERTY FROM THE TERMS OF THE JULY 3, 1979,DEVELOPER'S AGREEMENT BETWEEN THE CITY AND HARTFORD REAL ESTATE COMPANY J. ADOPT RESOLUTION GRANTING A 24-MONTH EXTENSION TO DEVELOPER'S AGREEMENT BETWEEN SILVERCREST PROPERTIES AND THE CITY OF EDEN PRAIRIE FOR EDEN SHORES SENIOR CAMPUS VII. PUBLIC HEARINGS /MEETINGS A. EDEN PRAIRIE HIGH SCHOOL SIGN PLAN by Eden Prairie High School. Request for Planned Unit Development Concept Amendment on 68 acres, Planned Unit Development District Review with waivers on 68 acres, and Zoning District Amendment within the Public Zoning District on 68 acres. Location: 17185 Valley View Road. (Resolution for Planned Unit Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) B. WALGREENS DEVELOPMENT by Semper Development, LTD. Request for Planned Unit Development Concept Amendment on 3.36 acres to the overall Gonyea PUD, Planned Unit Development District Review on 3.36 acres, Zoning District Amendment within the C-Comm Zoning District on 3.36 acres, and Site Plan Review on 3.36 acres. Location: Northeast Corner of Co.Rd. 4 and Hwy 5. (Resolution for Planned Unit Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) VIII. PAYMENT OF CLAIMS CITY COUNCIL AGENDA August 21,2001 Page 3 IX. ORDINANCES AND RESOLUTIONS A. EDEN PRAIRIE HIGH SCHOOL SIGN PLAN by Eden Prairie High School. ' 2nd Reading for Planned Unit Development District Review with waivers on 68 acres, and Zoning District Amendment within the Public Zoning District on 68 acres. Location: 17185 Valley View Road. (Ordinance for PUD District Review and Zoning District Amendment) X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Interim City Manager—Mayor Harris B. REPORT OF CITY MANAGER 1. Executive Search Firms C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS A. CLOSED SESSION ON LITIGATION XV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,AUGUST 21,2001 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: 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 Sinell,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 2002-2007 CIP WORKSHOP IV. OTHER TOPICS V COUNCIL FORUM A. ZERO EXPANSION VI. ADJOURNMENT MEMORANDUM To: Mayor and City Council 0 From: Donald Uram,Director of Community Development and Financial Services Date: August 17, 2001 Eden Prairie Subject: 2002-2007 CIP At the April 17, 2001, Council Workshop, a preliminary CIP was reviewed by staff and the Council. Staff reviewed the CIP process that Council followed in approving the 2000-2005 CIP. Council confirmed that they wished to follow the same process for the 2002-2007 CIP. This process includes: • Determination of capital needs • Organization and prioritization of capital needs • Implementation and monitoring of the program • The A project list approved by the Council totaled$13,485,000. The entire CIP totaled $25,303,000. In following the established process, Service Area Directors were asked to submit a list of Capital Projects and timing, and potential funding sources. The preliminary A project list totals $18.1 million. This is about$4.6 million or 34%higher than the previously approved A project list. Therefore, staff has asked the Service Area Directors to review their project lists to determine if any of the projects can be reprioritized or delayed to bring the total closer to the previously approved budget. This revised list will be presented to the City Council at the meeting on Tuesday night. • Staff will also be presenting to the Council the list of unfunded Capital Improvements the City Council has discussed previously. This total is between$42 and$56 million. As part of this discussion, staff will suggest project priorities and alternative funding strategies and will seek Council input and direction. ' . A . UNAPPROVED MINUTES 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: Acting City Manager and Director of Financial Services and Community Development Donald Uram,Public Safety Director Jim Clark,Public Works Services Director Eugene Dietz, Director of Parks and Recreation Services Bob Lambert,Director of Assessing Steve Sinell,Finance Operations Manager Sue Kotchevar,Fire Chief Spencer Conrad,Manager of Human Resources and Records Services Michael Barone, 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 Uram reviewed the Proposed 2002/2003 Budget. On June 30, Governor Ventura signed the Omnibus Tax Bill,which has been called"one of the most significant tax bills in the history of the Minnesota Legislature." The bill includes the following changes,which will impact property taxes in Eden Prairie: Class Rate Compression, Levy Limits, Elimination of HACA,Elimination of the Transit Operating Levy, State Takeover of the General Education Levy. Uram explained that details of the tax changes were received later than usual, so final numbers have been calculated. However based on 1999 and 2000,when levy limits were in place, staff used a levy increase estimate of 6%. Staff estimates the 2002 budget at approximately$27 million,with an additional $700,000 for vehicles and equipment and $2.9 million to be levied for debt service. Revenue sources are estimated to remain stable with the exception of building permits revenues,which are expected to be slightly lower than 2001. General operating fund expenditures are estimated at$26.38 million, a 6.4%increase over 2001. Elections, Legal Counsel and Employee Benefits and Wages expenses are expected to increase. Approximately$733,000 is expected to be transferred from the liquor fund. The proposed budget also includes a transfer to the Capital Improvement Program of approximately$718,000. Approximately$7.6 million is expected to be taken in to the Utility Enterprise Fund in 2002, about the same as in 2001. Net income is expected to be about$546,000. No changes are expected in fee schedules. Liquor sales are expected to increase from$7.65 million to $8.3 million in 2002. However,Uram noted that any increase in sales will be dependent on whether or not "wine in grocery stores"legislation passes. Operating expenses are expected to increase from$1.1 million to $1.3 million. Councilmember Butcher asked how taxes will now be divided or"what the new pie will look like." City Assessor Sine11 said that House research indicates approximately 50% of taxes will go to the county, 29%to the City, 20%to schools, and 8%to other entities (such as the Met Council). Uram said it is important to remember that even though the City's portion of the"tax pie"is increasing,the total bill to tax payers is expected to go down. Uram said staff will continue to collect information and run calculations in order to come back to the September 4 meeting with specific numbers for the Council. Uram said he has requested, and has been granted, an extension to September 19 to certify the levy since limits from the state may not be set until as late as September 1. Although a truth-in-taxation hearing is no longer required by law, Uram recommended scheduling one and asked for Council input on this topic. Councilmember Tyra-Lukens suggested holding a truth-in-taxation hearing as part of a regular Council Meeting. Councilmember Case said he feels it is important to hold a hearing, since it serves as a barometer of how the community feels about taxes. IV. OTHER TOPICS V COUNCIL FORUM VI. ADJOURNMENT • UNAPPROVED MINUTES 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: Acting City Manager and Community Development and Financial Services Director Don Uram, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, 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 7:00 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. RECOGNITION OF 4TH OF JULY EVENT SPONSORS Tria Mann expressed appreciation to the sponsors of the 4th of July event: Wells Fargo Bank, BFI, Anchor Printing, John White of Pickled Parrot Restaurant, Von Maur Department Store and Eden Prairie Center. The many volunteers were also thanked. Mayor Harris thanked the staff for putting the event together. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added an item about the skate park, under XIV. A. Reports of Councilmembers. Rosow added Employment of Acting City Manager, under XIV. A. In discussions Rosow has had with Donald Uram, Mr. Uram said he was not willing to serve in the position of Acting City Manager beyond two more weeks, so that agreement should be removed from the agenda. Two items should be substituted: one to recommend that the two Councilmembers dealing with this issue act as a search team to find an Acting City Manager; and second, the Council should discuss how they want the process to go forward in the search for a permanent City Manager. MOTION: Butcher moved, seconded by Tyra-Lukens, to approve the agenda as published and amended. Motion carried 5-0. 1 CITY COUNCIL MINUTES August 7,2001 Page 2 VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,JULY 10,2001 Tyra-Lukens noted that on page 13 the items after number 3 are numbered incorrectly. She also made a correction in the heading of item 3,which should be "Funding for Southwest Metro Transit . . ." Mayor Harris made a correction in the heading of item 6,which should be"Pickled Parrot Restaurant . . ." MOTION: Case moved, seconded by Mosman, to approve the minutes of the City Council Meeting held Tuesday, July 10, 2001, as published and amended. Motion carried 5-0. B. SPECIAL COUNCIL MEETING HELD MONDAY,JULY 23, 2001 MOTION: Mosman moved, seconded by Butcher, to approve the minutes of the Special Council Meeting held Monday, July 23, 2001, as published. Motion carried 5-0. 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 No. 25-2001-PUD-15-2001 for PUD District Review and Zoning Change and Resolution No. 2001-112 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 No. 26-2001-PUD-16-2001 for PUD District Review and Zoning Change and Resolution No. 2001-113 for Site Plan Review) D. ADOPT RESOLUTION NO. 2001-114 APPROVING FINAL PLAT OF HERITAGE PLACE E. ADOPT RESOLUTION NO. 2001-115 APPROVING FINAL PLAT OF HERITAGE VILLAGE F. ADOPT RESOLUTION NO. 2001-116 APPROVING FINAL PLAT OF SEVEN PINES CITY COUNCIL MINUTES August 7,2001 Page 3 G. VACATION OF RIGHT-OF-WAY FOR PART OF FRANLO ROAD, LOCATED ADJACENT TO BLUFFS EAST 17TH ADDITION, VAC 00-99 (Resolution No. 2001-117) H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO, 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 MOTION: Tyra-Lukens moved, seconded by Mosman, to approve Items A-O on the Consent Calendar. Motion carried 5-0. VIII. 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 No. 2001-118 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment, and Resolution No.2001-119 for Preliminary Plat) 3 CITY COUNCIL MINUTES August 7,2001 Page 4 Uram said official notice of this public hearing was published in the July 26,2001 Eden Prairie News and was sent to 154 property owners. Paul Korberg, Hustad Land Company, said in June 2000, they originally submitted to the Community Planning Board a plan for three alternatives for the site. The Planning Board, along with neighbors, indicated the senior housing plan or the townhouse plan would be the preferred choices, and 32 two-story townhouse units were approved by the Planning Board in September 2000. In November 2000, the City Council approved the 32 units. However, the builder, The Bluffs Company, has proposed some changes. He introduced Beth Simonstead,representing Wooddale Builder. Beth Simonstead, representing Wooddale Builders, said the builder is requesting an amendment to the plan, which would include 22 lots and one common space lot on 5.8 acres. They are requesting a reduction in density from 5.5 units per acre to 3.8 units per acre, and from 32 to 22 units. They are changing the plan from two-story to one-level townhouses. More green space and more guest parking will be available, providing one space for every two units. There will be five four-unit building and one two-unit building. Units will be priced at $250,000-$375,000. Exterior materials will consist of brick or stone and stucco, aluminum siding, fascia and soffit. Setbacks in the rear yard are reduced from 40 feet to 35 feet. There are two water quality treatment ponds. The storm sewer will discharge into the Hennepin County system along County Road 1. The tree replacement is proposed at 272 caliper inches. The south property line is adjacent to existing homes, and plantings there will be Colorado and Black Hill spruce. Along the rest of the perimeter of the property plantings will be spruce, maple, pine, ash and linden. The plan for the monument will be similar to what is seen at Settler's Ridge. Franzen said the Community Planning Board voted 8-0 to recommend approval to the Council at its June 25, 2001 meeting. The proposed 22-unit plan meets City requirements for setbacks,parking,landscaping, exterior materials and drainage. Mayor Harris asked if anyone wished to address the Council on this proposal. No one did. MOTION: Case moved, seconded by Butcher, to close the public hearing; and adopt Resolution No.2001-118 for PUD Concept Amendment on 5.78 acres; and approve 1st Reading of the Ordinance for PUD District Review and Zoning District Amendment within the RM-6.5 on 5.78 acres; and adopt Resolution No. 2001-119 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 direct Staff to issue a land alteration permit to the Developer to proceed with construction at their own risk. Motion carried 5-0. 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 CITY COUNCIL MINUTES August 7,2001 Page 5 Amendment within the Office Zoning District on 1.6 acres, and Site Plan Review on 1.6 acres. Location: 7544 Market Place Drive. (Resolution No. 2001-120 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) Uram said official notice of this public hearing was published in the July 26, 2001 Eden Prairie News and was sent to 21 property owners. Steve Michals, of Mount Properties, Inc. said the site is located at 7544 Market Place Drive in Bryant Lake Center. The request is to build a single-level, 18,820- square-foot office building. They will have access off Market Place Drive and through the existing business park. Parking would be on the north and west sides of the property, with 94 parking spaces. Landscaping would be on the north and west property lines. A retaining wall, averaging 4-to 6 feet, would be built on the east side. The building exterior would be 75 percent brown brick. Franzen said this is an amendment to an approved plan. The Community Planning Board voted 8-0 to recommend approval of the project at the June 25, 2001 meeting, subject to revisions for rooftop mechanical equipment screening and signs, which have been completed. There are two waivers requested: one for building setback and one for parking setback. These are consistent with the previous approvals granted in 1999 and 1980 as part of the original PUD. The plan meets all city requirements for parking, setbacks, drainage, and exterior materials. Mayor Harris asked if anyone wished to address the Council on this proposal. No one did. MOTION: Tyra-Lukens moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2001-120 for Planned Unit develop 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. Motion carried 5-0. 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 No. 2001-121 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) Uram said official notice of this public hearing was published in the July 26, 2001 Eden Prairie News and was sent to 14 property owners. Len Ghilani explained this proposal is for an Italian-American supper club 5 CITY COUNCIL NIINOTES August 7,2001 Page 6 specializing in steaks and pastas. Joe Hamilton, from Ellerbee Beckett, said the existing restaurant is Doolittles, with 6,500 square feet. The addition will be 2,987 square feet and a remodeling of Doolittles. There is a new concept opportunity with the existing exterior. The exterior is currently mostly brick and stucco. The proposed addition will be a combination of stacked brick and horizontal stone. There will be a canopy over the entrance with curved stainless steel. Of the 280 seats in the restaurant, 40 of those are in the bar/lounge area. Total parking would be 109 spaces. The location has an agreement with the neighboring facility for overflow parking. Tyra-Lukens asked if they would serve dinner only. Ghilani said yes. Franzen said the proposal meets all City requirements for the commercial zoning district. The Community Planning Board voted 8-0 to recommend approval of the project at its June 25, 2001 meeting. Butcher asked who would be responsible for snowplowing of the additional parking area. Franzen said there is a perpetual cross-parking and maintenance agreement between the two properties so they would share in maintenance and snowplowing. Mayor Harris asked if anyone wished to address the Council about this proposal. No one did. MOTION: Mosman moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2001-121 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; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations; 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. Butcher commented that this will be a great addition of an up-scale restaurant in the Market Center area. Motion carried 5-0. D. ALM SUBDIVISION by Stephen and April Alm. Request for Preliminary Plat on 2.06 acres into 2 lots. Location: 16480 Hilltop Road. (Resolution No. 2001- 122 for Preliminary Plat) Uram said official notice of this public hearing was published in the July 26, 2001,Eden Prairie News and was sent to 40 property owners. April Alm said they wish to divide a 2.06-acre lot into two single-family lots. One would have two-thirds of an acre and the other the remainder of the 2.06 CITY COUNCIL MINUTES August 7,2001 Page 7 acres. They plan to put a new house on the larger one that they would occupy, and they would sell the existing house and lot. Franzen said this project took some time at the Planning Board meeting, because neighbors in the area were questioning how the location of the new house would help or hinder future road location and utilities. City staff held a meeting with the Eden Heights neighborhood on June 27. It was learned there will possibly be a new location for an east-west road along the north property line, so the home should be a minimum of 55 feet from the north property line. At the July 9, 2001 meeting the Community Planning Board voted 8-0 to recommend approval of the project with two possible locations for the new house. Either location would allow the opportunity to create two additional lots in the future and a road along the north property line. City sewer and water do not serve this neighborhood; however, the proponent will extend City sewer from the west to serve the existing and proposed house. Mayor Harris asked if anyone wished to address the Council on this project. No one did. MOTION: Butcher moved, seconded by Tyra-Lukens, to close the public hearing; and adopt Resolution No. 2001-122 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 any Council conditions. Case said he would like to hear whether this proposal is coming with staff's recommendation or not. If not,why, and if so,why. Franzen replied there is staff recommendation for approval for dividing the property into two lots that would not preclude relocation of the road in the future. Motion carried 5-0. E. PROPOSED REFUNDING OF PARK AT CITY WEST APARTMENTS HOUSING REVENUE BONDS (Resolution No. 2001-123) (Continued from June 19,2001) Uram said official notice of this public hearing was published in the May 17, 2001 Eden Prairie News. 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. The Council is also being asked to adopt a resolution authorizing the refunding and the issuance of refunding bonds. Mayor Harris asked if anyone wished to address the Council about this refunding of housing revenue bonds. CITY COUNCIL MINUTES August 7,2001 Page 8 MOTION: Butcher moved, seconded by Tyra-Lukens, to close the public hearing; and adopt Resolution No. 2001-123 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. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Mosman, to authorize Payment of Claims. Motion was approved on a roll call vote, with Butcher, Case,Mosman, Tyra-Lukens and Harris voting"aye." X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. PURGATORY CREEK RECREATION AREA PLAN Sue Stock, Chair of the Purgatory Creek Recreation Task Force, gave the list of members and a history of the task force. Members were Jan Mosman, Vicki Koenig, Harry Moran, Therese Benkowski, Susan Dickman, Terry Randolph and Pat Richard. The first meeting was in February, interviewed two consultants and selected SRF to be the consultant group. In March 2001 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. In April the consultant developed the program and four conceptual designs, which they presented to the Community Program Board, the Parks and Recreation Commission, and received feedback from them on those four program concepts. In May it was presented to the City Council, and received comments from Councilmembers. At the June 18 meeting, the task force unanimously approved the schematic design for the recreation area, and requested the consultant and staff to take the plan through the design review process for final approval by the City Council. On June 26 the Program Board and Parks and Recreation Citizens Advisory Commission held a joint meeting to review the plan, and unanimously approved it. On July 9 the Planning Board reviewed the plan and unanimously approved it. On August 1 the Riley Purgatory Bluff Creek Watershed District unanimously approved the plan. Barry Warner, the City's design consultant from SRF for the Purgatory Creek Recreation Area, said they have gone through a fairly lengthy process and believed it is one that can be carried through to implementation. The task force identified a program theme and park amenities. Following that, they developed a preferred schematic master plan and preliminary estimates for phasing costs and a plan for implementation. The Purgatory Creek Recreation area is housed within the 225-acre wetland. The actual park area is about seven acres. As part of a 0 CITY COUNCIL MINUTES August 7,2001 Page 9 broader project that will incorporate input from the watershed district is a multi- use trail that will encircle the complex for 2-1/2 miles. The perk would be located at the intersection of Technology Drive and Prairie Center Drive. The wetland basin will be excavated this year. It is an incremental part of the whole project, because it will serve as a cleaning element as the water flows through. A drainage ditch runs down the middle of the area. Park program amenities include entry monuments at two principal access points, parking for 50- to 60 cars, a multi-purpose building, an open-air pavilion, waterfront edge treatment, pedestrian pathways, bridge crossings, overlooks, a fountain feature, sculptures, an open lawn terrace and formal garden area. Warner showed the site plan with all of these amenities and where they would be placed. The parking area could be used for City events, festivals, etc. and brick pavers were suggested rather than a bituminous surface. The task force strongly recommended altering the access so it would be aligned with the north arm of the roadway into the Park and Ride location off Technology Drive. That intersection could be signalized so there would be safe pedestrian crossing. Ken Grieshaber of SRF listed the various site amenities. The monument would be at the corner of Technology Drive and Prairie Center Drive, and would be a steel structure with the circle design seen throughout the City. The multi-use building at the water's edge could be from 5,000 to 10,000 square feet, with a meeting room to accommodate from 50 to 100 people, and could possibly have a restaurant, concessions, etc. The architecture could create a unique character for the park. There would also be an open-air pavilion that would overlook the water. The water's edge treatment could be either a boardwalk or pavers, and would have a railing along the water's edge. There would be a long pedestrian promenade to connect to Opus for outdoor events or festivals. There could be a fountain to create a sense of entry into the wetland ponding area. At the end of the promenade they are proposing to build an overlook which would extend 70 - to 80 feet over the water. Wildlife sculptures could be placed throughout the park. A formal garden, such as a perennial or rose garden has been discussed. Phase 1 would consist of site grading, constructing an entry drive and lighting, storm sewer piping, a pathway connection, ponding connection, and grading for future park amenities. Phase 2 would consist of the entry monument, parking lot, more path connections, a boardwalk and lighting, a retaining wall, waterfront terrace fountain and landscaping. Phase 3 would consist of the upper terrace walk and lighting, boardwalk overlook, terrace stairs to boardwalk, open-air pavilion, path connections and landscaping. Phase 4 would consist of the formal gardens, multi-use building and plaza, dike, boardwalk crossing and overlook, dike landscaping and lighting.. The total project cost would be $7,232,810. Mosman said the whole site has been pulled together beautifully. She wondered about the possibility of saving some of the cottonwood and willow trees until the last phase, after the new trees are planted. Lambert replied he wouldn't be able to answer that until they have a grading plan to see how they will have to move the CITY COUNCIL MINUTES August 7,2001 Page 10 dirt and where the alignment for the culvert will be. Most of the trees are on top of the ditch and then go down into the ditch where the culvert is. The most effective way for them to create a pad is to grade the entire area now, and even have a little surcharge over everywhere there are going to be buildings. If there is going to be a building over where the existing ditch is, as shown on the plans, they will want to put as much fill over that for as long as possible so they can get by with the least amount of piling. If they wait until right before the building and plaza are constructed and then fill that on very bad soils, it would have to be surcharged for at least several years. It will be difficult to do, but they can see if some of those perimeter trees on top can be saved. He couldn't promise anything at this point. Case said asked about funding options. Lambert said the City petitioned the watershed district for what was called the Purgatory Creek Recreation Area - Staring Lake outlet project in 1991. The plan was all part of the water quality improvement project to improve the quality of water at Staring Lake and eventually to the Minnesota River. The watershed district estimated their cost was about$3 million;the City's share would be $1.2 million, using TIF financing. With that$1.2 million,the City will pay for its share of the trail system around the entire area, its share of the dredging and edge treatment. But the development of this park will have to come from other funding. The City has no money other than the TIF funds for the $3 million- $5 million the project will cost the City. It will probably take a referendum to create a large amount of money. This is one project that will be discussed at a Council CIP workshop in two weeks. Lambert said he was asking the Council to authorize the consultant to complete a more detailed design and to prepare plans and specifications, so the City can proceed to go to bid this fall with the watershed district. They would like to have the first phase done, including dredging, as one project. It should be at least graded with an edge and a trail system, so people can use it as a park site that just needs to be developed. Phasing of landscaping can be done out of the nursery over the next few years until funding for the next phase is available. He could see some additional steps that would be needed. The City will have to work with the watershed district regarding funding sources from them and the City, and the timing. The City needs approvals for trail easements from the property owners. It hopes to do that this fall so the trail can be constructed next spring. All of the permitting agencies have approved the preliminary concept but will need to approve changes. The City's next public involvement process ought to be some more evaluation and study of the design of the garden and building, and programming for the building. A recommendation was made to the Eden Prairie Foundation about possibly funding some of the amenities, like the sculptures, fountain or entry monument. They had many questions about the programming of the building and thought it would be a good place for an art center. Many people in the community are excited about this project and want to keep moving on it. MOTION: Mosman moved, seconded by Tyra-Lukens, 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 /p CITY COUNCIL MINUTES August 7,2001 Page 11 first phase development. The first phase is to include the boardwalk and retaining walls depicted in the second phase of the preliminary cost estimates. Motion carried 5-0. B. ADAPTIVE REUSE OF THE SMITH HOUSE FOR USE AS A COFFEEHOUSE Lori Peterson-Benike, Chair of the Heritage Preservation Commission (HPC), addressed the Council, stating that the HPC has discussed what the Smith- Douglas-More House could be used for, and referencing the fact that the City has received a Preliminary Proposal from Dunn Bros. Coffee to use the Smith House as a coffeehouse. The HPC's requested action would be to ask the Council to authorize City staff to negotiate with Dunn Bros. Coffee for adaptive reuse of the Smith House for a coffeehouse. Staff recommends the Council allow time to complete negotiations before the City paints or restores the exterior of the house. The City Council adopted the HPC's Adaptive Reuse recommendations 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 Proposals, 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. Filers recently forwarded a letter to the City that serves to notify the City of Dunn Bros. interest in the site. In addition to Dunn Bros., a local realtor met with staff at the Smith House on July 17, 2001. His interestes 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 total $233,117, to "button up" the house to protect it from the elements, which 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. To get the house structurally sound would cost considerably more. 11 CITY COUNCIL MINUTES August 7,2001 Page 12 Mayor Harris said if Dunn Bros. can adapt the house for use as a coffeehouse,this is a charming site and there is an interest in coffeehouses. Case said he found this proposal very exciting and is along the line of what all of those on the Council had wanted for the site. There are some items of maintenance that cannot go through the winter. He would like to add to the motion that the staff come back in one month with an update on negotiations with Dunn Bros., and give the Council a list of absolutely necessary repairs that have to be done before winter. He didn't know who would pay for these repairs, but perhaps that would be part of the contract with Dunn Bros. Butcher said she supported adaptive reuse wholeheartedly. It will be an interesting balance to achieve in working with an historic site on this project. Until a contract is signed, it would be prudent not to lose the other interested party, in case negotiations with Dunn Bros. Coffee don't work out. She would be glad to bring a coffeehouse to the site, and could not imagine a better situation. Butcher said Dunn Bros. has had experience in converting older houses in St.Paul that have been highly successful, in a neighborhood of homes where people can walk to the coffee shop. Mosman referenced the amount of parking. Looking into this last year, she found there is room to expand the existing parking lot behind the house. Butcher said there is a business contiguous to the site, and they talked about sharing their parking area. It would be a good idea to have a conversation with them soon. Mosman asked Peterson-Benike what types of controls the HPC would have regarding what happens with the house, and also what the HPC sees as the most important things that have to be done first. Peterson-Benike replied that the HPC would be involved every step of the way, and is asking the Council to direct City staff to set up an initial meeting for the HPC with Dunn Bros. She believed the company would submit a proposal, and let the HPC know what they need in terms of signage, access, parking, etc. The HPC would have to approve their plan, issue a site-alteration plan, and submit it to the Council for approval. Communication would be very important to the HPC. As far as things that need to be done immediately, there are vegetation and vines that are damaging the house and need to be removed. That could be done right away. The porches are in need of repair and painting. However, it is important to have a discussion with Dunn Bros. before doing that work, so it doesn't impact what the company plans to do. This is very important to the City and the HPC. The Miller-Dunwiddie study indicates what exterior work needs to be done quickly. Uram said Dave Lindahl talked to Chris Eilers regarding timing of the project. Dunn Bros. is excited about doing it,but from a timing standpoint they have other projects to complete before starting to look at this one. The City expects to receive a more detailed proposal from them within the next month, laying out a time schedule when they would start to look at this. At this point,Eilers indicated CITY COUNCIL MINUTES August 7,2001 Page 13 this would be a project for next year. The City needs to be realistic about repairs that need to be done, and what the expectations are to get this project underway. The staff will forward the next proposal from Dunn Bros. as soon as it is received. MOTION: Case moved, seconded by Mosman, to authorize City staff to negotiate with Dunn Bros. Coffee for adaptive reuse of the Smith House for use as a coffeehouse, and have staff come back in one month with a negotiations update and a must do critical list of repairs, with cost estimates, that need to be completed before the onset of winter. Motion carried 5-0. XIII. APPOINTMENTS A. CITY AND SCHOOL FACILITY USE ADVISORY COMMITTEE Laurie Obiazor, Manager of Recreation Services and staff liaison for the committee, reported that on July 24, 2001, the Community Program Board and the Parks and Recreation Citizen Advisory Commission had a joint meeting to seek appointments to 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. Council approval of the nominees is sought. MOTION: Tyra-Lukens moved, seconded by Butcher, 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. Motion carried 5-0. XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Request that Donald Uram Continue for Two Weeks as Acting City Manager Mayor Harris stated that Mr. Uram has removed himself from appointment as Acting City Manager. He has agreed to continue for two weeks, which should be enough time to find someone to serve in that capacity. MOTION: Tyra-Lukens moved, seconded by Butcher, to ask Donald Uram to continue for two weeks as Acting City Manager until the next Council meeting. Motion carried 5-0. Mr. Uram accepted. 13 CITY COUNCIL MINUTES August 7,2001 Page 14 2. Search for Acting City Manager Rosow has recommended that Tyra-Lukens and Mayor Harris continue to engage in the search for appropriate candidates for an interim city manager. Case said he was concerned that uncertainty is perpetuating an unstable environment at City Center. He said he believed there is someone the Council could consider at that meeting. Carl Jullie, the retired former City Manager, could step right into the job. He knows the City, he knows the people who work there, he knows the issues and he is willing. Case said he contacted Carl Jullie and asked if he would be willing. Rather than have Tyra-Lukens and Mayor Harris go out again and bring back a list, Case suggested they go ahead to appoint Mr. Jullie and let the Council get on the task of finding a permanent city manager. Mayor Harris said the other side of that is the Council doesn't want to act as if in a crisis mode,but wants to use a deliberative process during which Mr. Jullie could be considered. She has contacted the League of Minnesota Cities, which has a roster of city managers available for short- term interim appointments, and they might want to look at several of those and then make the best appointment. Two weeks would not be destabilizing because Mr. Uram will be continuing for the next two weeks. Case said he liked the idea of using that list if it were a fairly long-term process. He could not think of any disadvantages to appointing Mr. Jullie. Tyra-Lukens said she would like some clarification. Mr. Case mentioned something about coming back with a list of potential candidates. She did not believe that was a good idea. She hoped that within a couple of weeks she and Mayor Harris would be coming back with a candidate and with a proposed contract. Certainly Carl Jullie would be considered. Case said in the meanwhile there would be no interaction for the next two weeks, and when that candidate's name is brought back, some Councilmembers may believe that is not a good candidate, and the Council would be dealing with a discussion of that candidate in public. He was not sure he wanted to authorize two people to come back with one candidate. Mosman said it would be good to have Carl Jullie if he is willing and available, so the two selected Councilmembers can begin the process of finding a permanent City Manager. Mayor Harris said she believed looking for a permanent City Manager would be quite a different process. Butcher said it was inappropriate for an individual to undertake a search without having had a discussion on this Council in terms of asking any person if they have an interest in being the Acting City Manager. The Council should do whatever it does together. This is the governing body CITY COUNCIL MINUTES August 7,2001 Page 15 and they need to follow a process. This is a very important issue and they need to discuss it as a whole. She liked the idea of getting a list of names from the League of Minnesota Cities. If two members of the Council look at those names and come back with a recommendation, then they can all share in the decision. MOTION: Butcher moved, seconded by Tyra-Lukens, that the Council appoint two members who have been serving as a search team to review a number of names given by the League of Minnesota Cities and add Carl Jullie, and come back with a recommendation for an individual so the whole Council can make a decision. Mosman said she understood everyone could lay out their requirements for an interim city manager. Mayor Harris said she believed it would be possible to get that kind of information fairly quickly. Each Councilmember could write a list of what he or she is looking for. Rosow said the Council could discuss it at that meeting, otherwise if they decide later there is going to be any discussion about it, they would need a meeting to do that. The other part of the process is that they could build in the opportunity to have interviews with the candidates, and those interviews are allowed to be private under the law if the whole Council is not sitting in on the interview at the same time. Interviews could be done in ones and twos. Then they could have some interaction before actually making an appointment based on the recommendations. Mayor Harris said that seems to be one way around the conundrum in which they find themselves, because there may be more than one individual who is found to be acceptable, and the other Councilmembers could interview them in addition to Tyra-Lukens and herself. Case said if they would agree to bring back more than one candidate, he would support the motion. But the idea they would bring back only one candidate and Council may turn that one down, and then have to find another one, he didn't want to go through that process. He would not support bringing back just one. Butcher said her thought was that the search team would have information about each of the candidates, but everyone would be privy to it. The search team would review that information and make a recommendation if they want all the Councilmembers to interview the field of candidates. Otherwise, the search team would hone in on one or possibly two and bring that back to the Council for a decision. Mosman suggested contributing their ideas of characteristics they would like to see. Then there would be involvement by all the Councilmembers. 15 CITY COUNCIL MINUTES August 7,2001 Page 16 Rosow said those lists should be submitted to Mr. Uram, which would be public documents, and the public could have access to what each member contributed. Motion carried 4-1,with Case voting nay. 3. Process to Follow in Search for Permanent City Manager Mayor asked for a discussion on how the Council wished to proceed in its search for a permanent City Manager. Using an executive search firm is one method. Tyra-Lukens said she hasn't worked with a search firm on anything of this kind. She asked if they should engage an executive search firm first or give a list of characteristics and qualifications to them first. Rosow said the City's financial consultant, Springsted, has a component that conducts executive searches. However, the Council would probably want to look at other firms as well. Staff could initially seek information from them, how they carry out the search process, and at what point they want the City's input. Direction to the staff should be to obtain names of firms and solicit proposals from them on how they would proceed on the Council's behalf. Uram said there are a number of national and local firms that conduct this kind of process, and staff can bring back as many names as the Council wishes. Minnetonka has just completed this search process. Mayor Harris said she believed staff understood what the Council wanted. Uram asked when the Council would expect to have the proposals back. Mayor Harris said it would probably fall into the period of time when the new interim City Manager is in place, but it would be Uram's responsibility to identify those firms and start the process. 4. Skate Park at Round Lake—Inquiry by Councilmember Ron Case Case asked Bob Lambert to come back in two weeks with a brief update on future plans for the skate park, any additional skate parks or potential plans for a bike park. Lambert said he would give an update at the next Council meeting. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR /6 CITY COUNCIL MINUTES August 7,2001 Page 17 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 Public Safety Services Director Jim Clark reported the City has an opportunity to officially participate in the South Metro Public Safety Training Facility with the cities of Bloomington and Edina and the Metropolitan Airports Commission, to train law enforcement officers and firefighters. The facility would be located in the City of Edina. Clark expressed his interest in this project. The City of Eden Prairie will be expected to contribute $1,306,364 for the construction of the facility. In December of 1997 the City Council granted the authority for 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 governments. A grant of$500,000 was recently secured to apply to the project. The police cannot find a place to practice shooting firearms. It is difficult to find out if new officers are proficient in the use of weapons. Because lawbreakers are outgunning the police, the police will be upgrading their weapons, but they have no place to train with the weapons being authorized. This facility will include indoor firearms training. Regarding the fire depai tnnent, houses to burn down for training are hard to find. The proposed facility will have fire-training buildings, which will simulate the diversity in construction that there is in this area. Clark asked for approval of the Joint Powers Agreement. Eden Prairie is the last body to approve this agreement. Tyra-Lukens said this facility has been needed for so long and is important to public safety. She assumed the consortium would be renting this facility out to other departments not in the joint powers. Clark replied a training schedule would be established. Non-member agencies would compensate the consortium for use of the facility. The revenue could be put in the CIP or in the General Operating Budget for the facility, or it could be split to offset the operating cost. MOTION: Mosman moved, seconded by Case, to approve the Joint Powers Agreement with the cities of Bloomington, Edina and the Metropolitan Airports Commission (Police Department) for the South Metro Public Safety Training Facility. Motion carried 5-0. CITY COUNCIL MINUTES August 7,2001 Page 18 Rosow commented the Council's action is a demonstration of the City's cooperation with other cities and agencies, including the Metropolitan Airports Commission(MAC), even though the City has outstanding issues with the MAC. The City's requests mentioned in the Council minutes from a month ago, that the MAC was asked to have substantive discussions with the City, have not been forthcoming. The MAC and the City cooperate on a number of levels. The City provides fire and safety services to the airport without charge, and continues to do so. Again he called upon the MAC to show the same degree of cooperation with the City that the City shows toward it G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY • XV. OTHER BUSINESS A. CLOSED SESSION ON LITIGATION Rosow said he wished to discuss the potential of litigation with respect to acquisition of property rights and easements for road right-of-way in the Charlson improvement area. The City has had outstanding for many months requests for easements to build roads and put infrastructure in place that will serve not only the Charlson improvement area but also Grace Church. To date, the City has not had any response from MAC with respect to those easements, and the time is getting very short to let a project and get those facilities built in time for Grace Church to open and have water in the building. The Council would be coming back into open session to take action with regard to authorizing condemnation, if that is its decision. MOTION: Butcher moved, seconded by Tyra-Lukens, to adjourn to a closed session and come back to an open session. Motion carried 5-0. The Council moved to a closed session at 8:55 p.m. Mayor Harris called the meeting back into open session at 10:13 p.m. MOTION: Case moved, seconded by Tyra-Lukens, to withhold authorization for condemnation, and direct the Mayor to draft a letter to the Metropolitan Airports Commission requesting right of entries necessary to construct the Charlson area improvements, and to have staff report back as to the results at the next City Council meeting. Motion carried 5-0. XVI. ADJOURNMENT MOTION: Mosman moved, seconded by Butcher, to adjourn the meeting. Mayor Harris adjourned the meeting at 10:15 p.m. 11 CITY COUNCIL AGENDA DATE: 08/21/01 SECTION: Consent Agenda SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development , Donald R. Uram Girarrosto Toscano Restaurant Yr% Al Michael D. FrRn7en Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Amendment and Zoning District Amendment within the C-Reg-Ser Zoning District on 1.66 acres; and • Adopt the Resolution for Site Plan Review on 1.66 acres; and • Approve the Developer's Agreement the Girarrosto Toscano Restaurant. Synopsis This project is for a building addition of 2,987 square feet and a remodel of the existing DooLittles Restaurant. • Attachments 1. Ordinance for PUD District Review and Zoning District Amendment 2. Resolution for Site Plan Review 3. Developer's Agreement GIRARROSTO TOSCANO RESTAURANT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 28-2001-PUD-18-2001 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, 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 amended within the C-Reg-Ser Zoning District 28-2001-PUD-18-2001 (hereinafter "PUD-18-2001-C-Reg-Ser). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of August 21, 2001, entered into between Girarrosto Toscano, Inc., and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-18-2001-C-Reg-Ser, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-18-2001-C-Reg-Ser is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-18-2001-C-Reg-Ser 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-18-2001-C-Reg-Ser are justified by the design of the development described therein. D. PUD-18-2001-C-Reg-Ser is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the C-Reg-Ser District and shall be included hereafter in the Planned Unit Development 18-2001-C-Reg-Ser, 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 7th day of August, 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 21st day of August, 2001. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on • Exhibit A Girarrosto Toscano Restaurant Legal Description: Lot 2, Block 1,Wal-Mart 2nd Addition 9 GIRARROSTO TOSCANO RESTAURANT CITY OF EDEN PRAIRIE H NNNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.28-2001-PUD-18-2001 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE 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 amendment of the zoning of land located at 12365 Singletree Lane within the C-Reg-Ser Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) 5 GIRARROSTO TOSCANO RESTAURANT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2001- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR GIRARROSTO TOSCANO RESTAURANT BY GIRARROSTO TOSCANO,INC. WHEREAS, Girarrosto Toscano, Inc., has applied for Site Plan approval of Girarrosto Toscano Restaurant on 1.66 acres for construction of a 2,987 square foot addition and restaurant remodeling in the C-Reg-Ser Zoning District on 1.66 acres by an Ordinance approved by the City Council on August 21, 2001; and WHEREAS, the Community Planning Board reviewed said application at a public hearing at its June 25, 2001 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its August 7, 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 Girarrosto Toscano, Inc., for the construction of a 2,987 square foot addition and restaurant remodeling, based on plans dated July 10, 2001,between Girarrosto Toscano, Inc., and the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie this 21st day of August, 2001. Jean L.Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk DEVELOPER'S AGREEMENT GIRARROSTO TOSCANO RESTAURANT THIS AGREEMENT is entered into as of August 22, 2001,by Girarrosto Toscano, 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 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, legally described on Exhibit A(the "Property"); WHEREAS,Developer and City entered into that certain Developer's Agreement between the parties as of November 15, 1994,pertaining to the Property("Original Developer's Agreement"). NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Amendment, Ordinance No. for Planned Unit Development District Review and Zoning District amendment within the C-Reg-Ser Zoning District, and Resolution No. for Site Plan Review, Developer shall construct, develop and maintain the Property as follows: 1. PLANS: Developer agrees to develop the Property in conformance with the materials revised and dated July 10, 2001, reviewed and approved by the City Council on August 7, 2001, and identified on Exhibit B,attached hereto,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. 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. 4. 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 T 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. 5. 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. 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. 6. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all 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 issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved 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 grading permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the 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. 7. 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. Developer agrees to 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. 8. 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 agrees to complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 9. EXISTING DEVELOPER'S AGREEMENT: Paragraphs 1 — 4, 6, and 8 — 9 of the Original Developer's Agreement are hereby deleted. t CITY COUNCIL AGENDA DATE: August 21,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Grace Church Addition Engineering Services J Randy Slick/ Eugene A.Dietz Requested Action Move to: Adopt the resolution approving the final plat of Grace Church Addition. Synopsis This proposal is located south of Pioneer Trail, east of Eden Prairie Road and west of Spring Road. The plat consists of 63 acres, one lot and right-of-way dedication for street purposes. Phase I will be approximately 300,000 square feet and consist of a 4,500 seat worship area, education space and 2000 on grade parking stalls. Full development includes an additional 300,000 square feet for Fellowship, education and family uses and a 1,000 space parking deck. Background Information The preliminary plat was approved by the City.Council August 7, 2000. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on October 3,2000. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$7,056.00 • Receipt of street lighting fee in the amount of$2,949.00 • Satisfaction of bonding requirements for the installation of public 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 • Revision to plat to include a 30-foot drainage and utility easement over proposed public storm sewer and sanitary sewer forcemain. • Revision to plat to include 100-foot minimum right-of-way along Eden Prairie Road. • Variance granted from City Code 12.20 Subd. 2.A waiving the six-month maximum time lapse between preliminary plat and final plat. Attachments Drawing of final plat • _ ,` � I I I � CReIrt. l H�e/ /? i{.�A , ram "•_(L H` ` j 4 I i m $ i '\• \� ye.T i c 1 2 f I L '' --...._-°-E iv0--.... ,..„ ---.1 ,'1 .ti ' f � g3 gdE.%k'• Sit ' tI Ltu Mzvccw,4rq` \ 7` 7 87 r7jiF: ;7 1- I O _,FJ z m N m r, r, ^e.taj 7- ._ j�+' PiGltZ _, O T iT^N .� o vti v,GN ► ? ,b,,_�C 1R4 d rn es- / F ' / /X m / !; - / TI � . a.o. 7 1,). t..43 t _ __ __ I _ 325Yb N692247E G st 71 I i I / .��yq'y 4 le/1 g t �/ oy rT. I1,- I 21ae0 ' . I mrtw 'I II u uttum i t/ I DD i.,iv'', ^7 I I y. 2 I , -I zO u I I X Ir. 2J v' g f_ s / zaII II W I IT) � Iv/ / / I = ' ..1 ., : -1 a rn Y2, r, c a C / / pA 733@ r trl,3rr ,,,,,,,t.„ 7c J ,X , I I anofI I Iiij >i 0 ,5 / /, ID 1t �; I ,7f I __ ., 1 0 $V'4 o 1¢4 \\�t Fir �„ S is 5`5i , I $ o CD i �� _ t 1327.33 _ ._ .-- --- ••�� - �.L' %�\ "_ ��_j72_ am_ t I 'i • • a L r F1F a `se . le �^' .g 7, \ f 1 m -J r ' so§8 \ �� _+ g z 1 4">a F .^�1 io Nam — o �'• i X li 8 09 I g n \ I 71 ▪ 1 gJ a4g L__� �. �,__ ''vf psi\ I I +. 1 . 1iis I • • n y°00 I \` a :4g, n. °— ' ,a "- soon+uNe F 7F E N In of n+E , `., gS m Y s a N7r 1/t ff n+E 7t9 7Ja tf scurf. �___ 2sn72 _+ 'J y J g s'ag4A '- -- -" N89V1'4b'E 354.40 f l S o " " I, I 5 , 1 i 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF GRACE CHURCH ADDITION WHEREAS, the plat of Grace Church Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Grace Church Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated August 21, 2001. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on August 21,2001. Jean L. Harris,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk • CITY COUNCIL AGENDA DATE: August 21,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Services Grading Permit for Culvert Replacement at Randy L. Slick 9950 Dell Road `C' Eugene A.Dietz Requested Action Move to: Authorize issuance of grading permit to Steven Brown for Culvert Replacement at 9950 Dell Road. Synopsis Steven Brown is requesting City approval for the replacement of a driveway culvert along Riley Creek at 9950 Dell Road. The proposed culvert is 144 L.F. 72-inch corrugated aluminized steel. The project is to be completed in the Fall of 2001, September, during low flow periods in the creek. • Background Information The existing corrugated metal pipe is approximately 29 years old. Extensive erosion has taken place, leaving a section of pipe unsupported, and it has deteriorated to a point in which it needs to be replaced. The new installation will include rip-rap designed to protect against the type of . erosion that resulted in the failure of the first pipe. A watershed district permit and a DNR permit are also required for this project. u_ o Q tP PA gs ! ! 1 g. � III ywa `Agr Pi si ' t Epp 4 S.tt xelh 4e [a a'a: 001110 5 3 R : ii UC it 1 as x Ili Y d 4111 110! i g$ t i Y Y W r i;1 ¢ I h r lit Vray. % ? i i Q . wcevl r rn o a { 'LiCr F. klf Fa lV� ft o E. ° g --..)\\I s ! a — 74 r , ..,,4 4.).0 5,„ lb f. , , itl ff.'°-. \\. .29 1:i i 4#i 'si' (1� . , . it , i. •ri I ~ ��Sly, ?Ail "�!ir\ ?Ail { 15 fir 1. '‘ . .1! lie W a...—._ •.• mi .' . Its,.,4.' .,,,ik S Q *4414, rttg III 1 r���i4 F l ‘0, . ,70 /Ai p a r • re, ,, , ,, 0/ >, 1 ,,,;i,,it.i;.' ,.. r s.I.ggpig9gggr3+��f�s ` =� Ilillllllli 111 ,yy 4 till ~` 11111111111r1U}41'iIII s�r kila „' 1l6i1 '' � "s. ! f_r r D @.asais,':"':,'.3.:or r rr •4r 717f2.7t7.f1'J �7C' GLG '�.'C••h f flf?n 1 rlrti •"f�� n r:t I•r V-IN r r rL•nn a-r r T. r ry 1 CITY COUNCIL AGENDA DATE: August 21,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 00-5516 ITEM NO.: Public Works Services Approve Supplemental Professional Services Eugene A.Dietz Agreement with TKDA for Contract 1E ID Administration Services for the Utility Vehicle Storage Building Requested Action Move to: Approve Supplemental Professional Services Agreement with TKDA for contract administration services for the Utility Vehicle Storage Building improvements in an amount not to exceed$23,500.00. Synopsis TKDA prepared the plans and specifications for the exterior upgrade of the salvaged south end of the old maintenance facility. At the time the Professional Services Agreement was executed, it was not clear what the scope of services would be for contract administration of the project. This supplemental agreement specifies the efforts to be provided by TKDA to ensure compliance with the contract documents for the project. Background Information Staff negotiated a settlement with MnDOT for right-of-way acquisition regarding the new TH 212 project that allowed the salvaged south end of the building to revert to City ownership at no cost. The agreement, however, specified that the City would be responsible for a finished exterior wall for the building,which is now known as the utility vehicle storage building. City Council awarded the contract for the project to Magney Construction at the July 10th meeting. This Professional Services Agreement would authorize TKDA to act as our representative during the construction process to ensure compliance with specifications and contract documents. The cost for this phase of the work will not exceed$23,500.00,bringing the total compensation for all services for the project to a not to exceed amount of$46,300.00. Attachments Supplemental Agreement No. 2 • SUPPLEMENTAL AGREEMENT NO. 2 Between CITY OF EDEN PRAIRIE, MINNESOTA and TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED for ARCHITECTURAL SERVICES RELATED TO THE EXTERIOR ARCHITECTURAL IMPROVEMENTS TO THE WATER UTILITY VEHICLE STORAGE BUILDING •This SUPPLEMENTAL AGREEMENT NO. 2 made and entered into this day of , 2001,by and between the CITY OF EDEN PRAIRIE,hereinafter referred to as the OWNER, and TOLTZ, KING, DUVALL, ANDERSON AND • ASSOCIATES, INCORPORATED, a corporation with a regular place of business at 444 Cedar Street, Suite 1500,St.Paul,Minnesota 55101,hereinafter referred to as TKDA, WITNESSETH : WHEREAS,the OWNER previously engaged TKDA to provide Architectural Services in connection with Exterior Architectural Improvements to the Water Utility Vehicle Storage Building, hereinafter referred to as the Project,which engagement was formalized in a Professional Services Agreement dated July 11,2000, and SUPPLEMENTAL AGREEMENT NO. 1 dated November 21,2000,referred to hereinafter as the Agreement, NOW, THEREFORE, the OWNER and TKDA,for the consideration hereinafter named, agree to amend the Agreement by and through this SUPPLEMENTAL AGREEMENT NO. 2 as hereinafter stated: I. SECTION II - SERVICES TO BE PROVIDED BY TKDA,make the following changes: A. Modify II.F to read as follows: "Prepare formal bid documents and specifications for public bidding." • 01.. 5/2-1 B. Add the following items to SECTION II: "I. Provide the following architectural and/or engineering services: 1. Provide engineering services related to foundation alterations,wall replacement(i.e.,parapets, demolition, and reconstruction). 2. Provide architectural grading plan, site plan, and details for surface water drainage and curbing. 3. Provide architectural services relative to finishes. J. Bidding Phase Services 1. Attend pre-construction meeting,respond to Contractors' requests for information,prepare and send bid documents for building exchanges, attend bid opening, and evaluate bids, • recommendations, or low bidder. 2. Attend meetings, document, prepare recommendation and paperwork prior to notification of award letters. Prepare notification of award letter, associated paperwork, and • documentation. K. Make five (5)visits to the site to observe the progress and quality of the executed work of the Contractor and to determine, in general, if such work is proceeding in accordance with the Contract Documents. L. Review and approve(or take other appropriate action with respect to) Shop Drawings (as that term is defined in the Contract Documents), samples, and other data which Contractor is required to submit,but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Such reviews and approvals or other action shall not extend to means, methods, techniques, sequences,procedures of construction, or to safety precautions and programs incident thereto. M. Based on TKDA'S on-site observations,determine payments to Contractor in such amounts as is appropriate; such recommendations of payment will constitute a representation to the OWNER,based on such observations and review,that the work has progressed to the point indicated, and that, to the best of TKDA'S knowledge,information and belief, the quality of such work is in accordance with the Contract Documents. N. Conduct a fmal inspection of the work to determine if the Project appears to have been completed in accordance with the Contract Documents and if the Contractor has fulfilled all of his obligations thereunder, so that TKDA 3 so-2 • A may recommend,in writing,final payment to Contractor and may give written notice to OWNER and the Contractor that the work is acceptable (subject to any conditions therein expressed). O. Attend additional meetings to evaluate footings (related to alternative) and existing roofing conditions." II. SECTION VI - PERIOD OF SERVICE, change to read as follows: "We would expect to start our services promptly upon receipt of your acceptance of this Proposal and to complete SECTION II services in November, 2001." III. SECTION VII - COMPENSATION, change the total estimated compensation from $22,800 to "$46,300". IN WITNESS WHEREOF,the parties hereto have executed this SUPPLEMENTAL AGREEMENT NO. 2 the day and year first above written. • CITY OF EDEN PRAIRIE, MINNESOTA TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED By By Richard N. Sobiech, P.E. President/CEO By By ,� Timot anzen Architect/Proj ana • SAl--3 CITY COUNCIL AGENDA DATE: August 21,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Servic Approve Special Assessment Agreement t� Eugene A.Dietz regarding Woodbear Highlands v I '-I Requested Action Move to: Move to approve Special Assessment Agreement between the City of Eden Prairie and the owners of the property known as Woodbear Highlands for infrastructure improvements in Eden Prairie Road, south of Riley Creek. Synopsis The Bearman property is the subject of a condemnation action by the Metropolitan Airports Commission (MAC). Bill and Claudia Bearman recognize the importance of including their property in the anticipated area wide assessments for Eden Prairie Road and infrastructure south of Riley Creek. They believe that it is in the best interest of the City and the residents of the area that assessments be levied against the property for the anticipated improvements prior to .the MAC acquisition. They have therefore agreed to the terms of the attached Special Assessment Agreement. Background Information The Bearman's have progressed their 15 plus acre property through the preliminary approvals for subdivision and rezoning. However, a hearing will occur later this month to begin the process of condemnation of the property by the MAC. Bill and Claudia Bearman are inspired to accept these assessments as a legacy towards doing the right thing for their community and their neighbors. Staff recommends that the Special Assessment Agreement be approved. The next step of the process would be to hold a special assessment hearing regarding this property so that it may be levied prior to the anticipated change in ownership. Attachments Special Assessment Agreement SSA No. 01-06 AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of ,2001 between the City of Eden Prairie, a municipal corporation, (the"City") and William J. Bearman and Claudia A. Bearman,husband and wife(the"Owners"). A. The Owners hold legal and equitable title in and to Property legally described on Exhibit"A"attached hereto(the"Property"). B. The Owners desire to develop the property in such a manner that will require construction of Eden Prairie Road, street, curb and gutter, storm sewer, watermain and sanitary sewer(the"Improvements")by the City of Eden Prairie. C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements, all of which will inure to the benefit of the Property and the levying of assessments for said Improvements. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owners consent to the levying of assessments against the Property's assigned share of the costs of said Improvements. 2. The cost of said Improvements to be assessed against the Property shall be in the amount of$114,897.25. 3. The City may proceed with the construction of the Improvements on or after the 1st day of November, 2001 in accordance with this Agreement. The Owners agree to provide temporary and permanent easements for road improvements consistent with the preliminary plat for Woodbear Highlands as required for the Improvements on demand by the City without compensation; provided, however, the temporary and permanent easement areas for roadway purposes shall not be included as assessed or assessable acreage of the Property. 4. Special assessments levied against the Property shall be due and payable in installments, the first of which shall be payable commencing with the ad valorem taxes due and payable no earlier than the later of 2002 or the calendar year following the year of the assessment is levied. 5. The City's assessment records for the Property will show the assessments as a "pending assessment"until levied. 6. The Owners hereby(a)petition the Council of the City of Eden Prairie to construct the Improvements and assess the costs thereof in the manner set forth herein, (b) waive notice of any hearing on said Petition, and (c) further waive notice of any assessment hearing thereon. 7. The Owners concur that the benefit to the Property by virtue of the Improvements to be constructed are at least equal to if not greater than the amount of the assessments to be levied against the Property hereunder. 8. In consideration of the City's agreement herein and particularly in consideration of the amount of the assessment against the Property as set forth in Paragraph 2 above the Owners waive all right they have by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of such assessments, or the procedures used by the City in making the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 9. The parties agree that this Agreement and the assessments against the Property for the Improvements shall be a lien on the Property and that the Owners shall have no individual liability or obligation with regard thereto at any time. OWNERS CITY OF EDEN PRAIRIE A Minnesota Municipal Corporation By: William J.Bearman Jean L. Harris,Mayor By: Claudia A.Bearman City Manager 3 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2001,by Jean L.Harris,the Mayor, and, the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation,on behalf of the corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2001,by William J.Bearman and Claudia A.Bearman,husband and wife. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 I CITY COUNCIL AGENDA DATE: August 21,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C.52-157 ITEM NO.: Engineering Services Adopt Resolution Approving Plans and Alan D. Gray Specifications for Riverview Road Storm Sewer X', Eugene A.Dietz Improvements Requested Action Move to: Adopt Resolution approving plans and specifications for Riverview Road Storm Sewer Improvements. Synopsis This project will result in the construction of storm sewer in Riverview Road and Purdy Road which will relieve current erosion problems and provide needed facilities for future Riverview Road improvements. Background Information The City has agreed, through a settlement agreement with Joseph and Loretta Swanson, to construct the storm sewer system for Riverview Road between Parker Drive and Purgatory Creek and add catch basin improvements to Purdy Road to relieve erosion problems on the Swanson's property and an adjacent residential property. The cost of the improvements will be paid from the storm water utility fund. 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS. WHEREAS,the City Engineer through H.T.P.O., Inc.,has prepared plans and specifications for the following improvements to wit: I.C. 52-157 Riverview Road Storm Sewer Improvements and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids shall be received until 10:00 a.m. on September 21, 2001, at City Hall after which time they will be publicly opened by the Deputy City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 7:00 p.m., Tuesday, October 1, 2001, at the Eden Prairie City Hall, Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on August 21, 2001. Jean L. Harris,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk CITY COUNCIL AGENDA DATE: August 21, 2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: Adopt Resolution for ITEM NO: Parks and Recreation Limited Use Permit on Minnesota State Truck Robert A. Lambert Director Highway 212 �! Requested Action Motion: Move to adopt the Resolution for a Limited Use Permit with the Minnesota Department of Transportation for trail construction along TH Highway 212. Synopsis MnDOT has reviewed the proposed Flying Cloud Business Park by Moen-Leuer Construction located on the northwest corner of Pioneer Trail and Flying Cloud Drive. Staff recommended, and the developer has agreed,to construct an eight foot bituminous trail along the easterly side of this project. However, in order to construct the project, MnDOT has required that the City enter into a Limited Use Permit for construction of said trail system. The permit would grant the City of Eden Prairie the ability to maintain and operate a trail adjacent to TH Highway 212 extending along the easterly side of the proposed project approximately 950 feet in a northerly direction. The trail would be constructed by Moen-Leuer as part of the development requirements for the Flying Cloud Business Park, and would be done concurrent with construction of that project. Attachments: Limited Use Permit Resolution with MnDOT 1 • CITY OF EDEN PRAIRIE NENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. RESOLUTION TO APPROVE LIMITED USE PERMIT WHEREAS,the City desires to construct approximately 950 feet of bituminous trail along the northwesterly side of Minnesota State Truck Highway 212, and WHEREAS, the trail is proposed to be constructed from the northwest quadrant of the TH 212 intersection of Hennepin County Highway No. 1 to a point approximately 950 feet to the northeast of the intersection measured along said TH 212 right-of-way, and WHEREAS, the trail will connect to a trail system to be constructed on the north side of Hennepin County Highway 1 (Pioneer Trail), and WHEREAS, the proposed trail is to be constructed within the TH 212 right-of-way, and WHEREAS,the Minnesota Department of Transportation has granted the City of Eden Prairie Limited Use Permit which must be approved by the City Council. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota that the Limited Use Permit granted by the Minnesota Department of Transportation to the City of Eden Prairie for construction, maintenance and operation of the trail along TH 212 extending northeasterly of the intersection of Hennepin County Highway No. 1, approximately 950 feet, is hereby approved. ADOPTED by the City Council of the City of Eden Prairie this 21st day of August 2001. • Jean L. Harris,Mayor ATTEST: SEAL Kathleen Porta, City Clerk • • CITY COUNCIL AGENDA SECTION: Consent DATE: August 21, 2001 SERVICE AREA: ITEM DESCRIPTION: ITEM NO. Community Development Approve Amendment to Project Management &Financial Services: Agreement for Rolling Hills Senior Apartment C-C, I , Don Uram Project to Extend Completion Date David Lind'hl Requested Action Approve amendment to the Project Management Agreement for Rolling Hills Senior project to extend the allowable completion of the project to October 3, 2003. Synopsis The Harford Group, developer of Rolling Hills Senior project,is requesting a revision to the Owner's Supplement to the Developer's Agreement to extend the allowable completion of the Project to October 3, 2003. Background The Developer's Agreement was executed on October 3, 2000. The Owners' Supplement states that if the Developer fails to complete construction and obtain an occupancypermit within 24 months that date,they will not oppose the City's rescinding the approved plan. Since the Developer will not meet this deadline,they are requesting an extension to complete the project to October 3, 2003. Attachments Amendment AMENDED OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN HARTFORD FINANCIAL SERVICES,LLC. AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of August 21, 2001,by and between SE Rolling Hills, LLC, a Minnesota Limited Liability Company, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): WHEREAS the City and St. Thomas University entered into that certain OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN HARTFORD FINANCIAL SERVICES, LLC AND THE CITY OF EDEN PRAIRIE dated October 3, 2000 (hereinafter referred to as the"Agreement"); WHEREAS the Owner is the successor in interest to the real property which is the subject of the Agreement; and WHEREAS the City and Owner desire to amend paragraph (1) one of the Agreement to allow 36 months for the completion of construction and development. NOW THEREFORE, THE CITY AND OWNER AGREE AS FOLLOWS: 1. Paragraph one of the Agreement is amended by substituting"36 months" in place of"24 months"in the fourth line of said paragraph. 2. Except as amended herein, the Agreement shall remain in full force and effect. 3. The Agreement as amended hereby shall be binding upon and enforceable against Owner, its successors and assigns of the Property. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER SE Rolling Hills,LLC By: Its CITY OF EDEN PRAIRIE By: Jean L. Harris,Mayor By: Its City Manager • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of August, 2001, by Jean L. Harris and , respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said limited liability corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this 15th day of August, 2001, by Richard Martin, the of SE Rolling Hills, LLC, a Minnesota Limited Liability Company, on behalf of the Company. Notary Public 3 CITY COUNCIL AGENDA DATE: 08/21/01 SECTION: Consent Agenda SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Release of Hartford Real Estate Company Donald R.Uram Developer's Agreement for the Rolling Hills Scott A. Kipp Senior Housing Property Requested Action Move to: Authorize execution of a release of the Rolling Hills Senior Housing Property from the terms of the July 3, 1979, Developer's Agreement between the City and Hartford Real Estate Company. Synopsis The Developer of the Rolling Hills Senior Housing project is requesting a release from the 1979 Hartford Real Estate Company Developer's Agreement. The site is located at 431 Prairie Center Drive. Background Staff has reviewed the conditions of the 1979 Hartford Real Estate Company Developer's Agreement and find that they either do not apply to the Rolling Hills Senior Housing property, or have been addressed in the Developer's Agreement for the Rolling Hills Senior Housing project. Attachments Rolling Hills Senior Housing Release RELEASE OF LAND This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation ("City"), and is dated as of August 21, 2001. FACTS 1. A certain Developer's Agreement (hereinafter the "Agreement") dated July 3, 1979, was executed by and between the City and Hartford Real Estate Company, a Delaware corporation, which Agreement was filed as Document No. 1345086 with the Hennepin County Registrar of Titles on August 28, 1979. 2. A portion of the property subject to the Agreement which portion is describe as Lots 9 and 10, Block 1, Prairie Lakes Business Park,Hennepin County,.Minnesota, (hereinafter referred to as the "Property") is being developed pursuant to that certain Developer's Agreement dated October 3, 2001 between the City and Hartford Financial Services, LLC, a Minnesota Limited Liability Company for the project referred to as Rolling Hills Senior Housing Project. 3. The City has determined that it is no longer necessary for the Property to continue to be subject to the Agreement. NOW THEREFORE, the City of Eden Prairie, a Minnesota municipal corporation, hereby releases the Property from all obligations and conditions set forth in the Agreement. IN WITNESS WHEREOF, the City of Eden Prairie has executed the foregoing instrument on the date stated above. CITY OF EDEN PRAIRIE A Municipal Corporation BY: BY: Its Mayor Its City Manager STATE OF MINNESOTA) ) ss HENNEPIN COUNTY) The foregoing instrument was acknowledged before me this day of August, 2001, by Jean L. Harris and , the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 3 CITY COUNCIL AGENDA DATE: 8/21/01 SECTION: Consent Agenda SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Eden Shores Senior Campus-Extension of Scott A.Kipp Developer's Agreement Requested Action Move to: • • Adopt the Resolution granting a 24-month extension to Developer's Agreement between Silvercrest Properties and the City of Eden Prairie. Synopsis Silvercrest Properties requests an extension to its Developer's Agreement, which expires September 7, 2001. Plans for the Eden Shores Senior Campus are being finalized for construction to begin this fall, or spring 2002. The property is located east of Flying Cloud Drive at Fountain Place. Background Information Silvercrest Properties received City Council approval for construction of a senior housing project more fully described in a Developer's Agreement dated September 7, 1999. A condition of the Developer's Agreement states that if the project does not proceed within 24 months of the date of approval, the Developer would not object to City Council action to revoke the approvals granted, thus restoring the property to the status prior to the project approval. The Developer has indicated that construction of the project will not take place prior to September 7, 2001, the end of the 24 months required in the Developer's Agreement. Attachments 1. Resolution to extend Developer's Agreement 2. Letter from Silvercrest Properties dated August 14, 2001 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2001- A RESOLUTION GRANTING EXTENSION TO THE DEVELOPER'S AGREEMENT FOR EDEN SHORES SENIOR CAMPUS BY SILVERCREST PROPERTIES WHEREAS, Silvercrest Properties has received City Council approval for construction of a senior housing development along the east side of Flying Cloud Drive at Fountain Place, more fully described in a Developer's Agreement dated September 7, 1999; and WHEREAS, a condition of said Developer's Agreement states that if Developer does not proceed with the project within twenty-four (24) months of the date of Agreement, Developer would not oppose City Council action to revoke the approval action, thus restoring the status of the property before the project was approved; and WHEREAS,the twenty-four(24)month period ends on September 7, 2001; and WHEREAS, Developer has not proceeded with the Agreement at this time, and has requested approval of an extension to the Developer's Agreement for an additional twenty-four (24)month period; and WHEREAS,the City Council has reviewed said extension request at its August 21, 2001 meeting; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby grants the extension of the Developer's Agreement for an additional twenty-four(24)month period, ending September 7,2003. ADOPTED by the City Council of the City of Eden Prairie this 21st day of August, 2001. Jean L.Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk a AUG. 14. 2001 4:34PM SILVERCREST PROP NO. 128 P. 1 si- 6 SI VERCREST PROPERTIES uc Creating senior communities of excellence August 14,2001 1VIr. Scott Kipp City of Eden Prairie S080 Mitchell Road Eden Prairie,MN 55344 Dear Scott: RE: EdenWoods Senior Campus This letter is requesting an extension of the Development Agreement wider Exhibit C, Item IV,whereby an extension is necessary if the developer has not proceeded with the terms of the Development Agreement within 24 months. We are requester an extension of 24 months to complete the Development Agreement terms. SilverCrest Properties is actively working to finalize plans for the project. Due to time constraints,construction is now expected to start this fall or next spring,2002. If you have any questions or comments,please let us know. Sincerely, STLVER,CREST PROPERTIES,LLC Michael F.Gould President Ey (EW-development extension) 3601 Park Center Boulevard• Suite 210• St.Louis Park,Mi, nesota 55416 phone:952-922-9540*fax:952.922.9520 3 CITY COUNCIL AGENDA DATE: 08/21/01 SECTION: Public Hearings SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Eden Prairie High School Sign Plan . . Michael Franzen Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for PUD Concept Review on 68 acres; and • Approve 1st Reading of the Ordinance for PUD District Review and Zoning District Amendment within the Public Zoning District on 68 acres. . Synopsis The Eden Prairie High School is requesting approval of a sign plan for wall signs and entry signs on Valley View Road and Eden Prairie Road. The sign plan needs waivers from the City code to increase the size and number of signs. The Community Planning Board voted 7-0 to recommend approval of the sign plan with waivers at the August 13, 2001 meeting. Background Information: The Eden Prairie School District#272 is requesting sign waivers from the City code for the following reasons. • Scale of the development. • The number of students and visitors at the site. • General public evening use of the school, auditorium, and recreational fields. Wall sign waivers: 1. Increase the number of permitted wall signs from two to six. 2. Increase the total allowable sign area from 42 square feet to 268 square feet. Freestanding sign waivers: 1. Increase the number of permitted freestanding signs from two to six. 2. Increase the total allowable sign area from 160 square feet to 244 square feet. Reasons to consider the waivers are the following. • The site is 68 acres. • The size of the development is approximately 677,000 square feet. • The site has two main entrances. • Signs are needed at entrances to the buildings. • The site has a large volume of public use and signs are needed for direction No Developer's Agreement is necessary. The Council is requested to take action on the first and second readings so the school district can begin construction on the new signs. The second reading cover memo is located in the council agenda under ordinances and resolutions. Attachments 1. Resolution for PUD Concept Review 2. Community Planning Board Minutes dated August 13, 2001. 3. Staff Report dated August 10,2001 a EDEN PRAIRIE HIGH SCHOOL SIGN PLAN CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2001- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF EDEN PRAIRIE HIGH SCHOOL SIGN PLAN FOR EDEN PRAIRIE HIGH SCHOOL 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 Eden Prairie High School Sign Plan PUD Concept by Eden Prairie High School 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 21, 2001. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Eden Prairie High School,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 19, 2001. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated August 13, 2001. ADOPTED by the City Council of the City of Eden Prairie this 21st day of August, 2001. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 3 Exhibit A Eden Prairie High School Sign Plan Legal Description: That part of the North Half of Section 8,Township 116,Range 22 described as follows: Commencing at the southwest corner of the Southeast Quarter of the Northwest Quarter of said Section 8; thence on an assumed bearing of North 1 degree 00 minutes 31 seconds West along the west line of said Southeast Quarter of the Northwest Quarter, a distance of 654.29 feet to the point of beginning of the land to be described; thence South 53 degrees 53 minutes 02 seconds East, a distance of 184.26 feet; thence along a tangential curve concave to the north having a radius of 560.00 feet a central angle of 54 degrees 00 minutes 00 seconds and an arc length of 527.79 feet; thence easterly along a reverse curve concave to the south having a radius of 1010.00 feet a central angle of 33 degrees 13 minutes 02 seconds and an arc length of 585.55 feet to a line 80.00 feet westerly of and parallel with the west line of the Northeast Quarter of said Section 8;thence North 0 degrees 43 minutes 06 seconds West along said parallel line, a distance of 526.27 feet; thence South 88 degrees 15 minutes 40 seconds East parallel with the south line of said north half of Section 8, a distance of 1324.51 feet to the westerly right of way line of County State Aid Highway No. 4; thence North 1 degree 24 minutes 59 seconds West along said County State Aid Highway No. 4 a distance of 946.64 feet to the westerly extension of the centerline of NORTH HILLCREST COURT as laid out and dedicated in the recorded plat of HILLCREST COURTS, Hennepin County, Minnesota; thence North 88 degrees 12 minutes 14 seconds West along said westerly extension, a distance of 1792.05 feet, to the southeasterly right of way of the Chicago, Milwaukee and St. Paul Railroad Company; thence South 61 degrees 26 minutes 00 seconds West along said right of way, a distance of 850.34 feet, to the west line of the Northeast Quarter of the Northwest Quarter of said Section 8; thence South 1 degree 00 minutes 31 seconds East along the west lines of said Northeast Quarter of the Northwest Quarter and said Southeast Quarter of the Northwest Quarter, a distance of 905.77 feet, to the point of beginning. Except those portions of the above property described in Documents No. 1352440 and 4759945. STAFF REPORT TO: Community Planning Board FROM: Steve Durham,Zoning Administrator THROUGH: Michael D.Franzen,.City Planner DATE: July 20,2001 SUBJECT: Eden Prairie High School Sign Plan APPLICANT/ OWNER: Eden Prairie School District#272 LOCATION: 17185 Valley View Road REQUEST: 1. Planned Unit Development Concept Amendment on 68 acres 2. Planned Unit Development District Review with waivers on 68 acres 3. Zoning District Amendment within the Public District on 68 acres 5 Location Map Eden Prairie High School Sign Package rii i • 1: �1.1Li'- J /. , .- A -----1. , 1 f 7I -i..._^i� .7 '•- --. -i," \�.---,. 4��.,�� >e 1 ✓il' :`, ,y�j \�/� ,/ ' n''[ /;'-' © ,...J...:�L.: t.._�I;' - /` 1 j ' Cy :)' ��1�:)' , 1 ',•v" 'y`7- `/ 44 ,-.0t a El' -t..r EMI ' ' ILE.a4 1 , I:' .>.1 _. -<-] , ' ' c--101-0117-7,---- - r„----7 _, E_,, Ej ,, I _ ---= \-.; : i, ' if: ,=,17-11,) ,.--- '0,"-- II,BJ-iP fititlo-:lI,,.,fl1D,-,&„:*„-J �-�- 'Lg- o,f,---"I-,p:r,1 ‘"B,„, i,,t,f,,la_ i_I_rL_,:_:,L,,-, ,,,.,. o ot�. ' o < , �'�o�,�-T,; � : �r�o�� o `er' ,,d-4 �,�.:-- i.!i,11.-=:L L:.:-ji',i b L1;I [t Duck Lake ;q� _ Q► ' p �- o, lean. . �� ;c r ; .E:v gym. [LL11& I/ c' ,.SF 4 ; ; ' -y -\-,) ; : 1--:1 0 , 1 : , 1 , . . i.„... r- 1 ,.. \t , ,,,,t-,, ), icz3 , 00{1/MD,'c2lt i r 1 t k 0 otict .-4cL3 tr.ittiv,6 ®► ION, Q_,r� moo. : ,,,"faitti , , *f 1 p . ,i on '''' , iigf , , ,,,„__ . 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' .r,-. ..././—Nvi..1*-1,71-t--: E ray u® C�--�� i f ..;, --- 1, _DI Ikxl. .__,,,,x\k\Avi ' aF , ti '' ,---tea 1I1 1 q ®® r' 's Staff Report— Eden Prairie High School Sign Package July 20,2001 BACKGROUND The Eden Prairie High School is currently located on approximately 68 acres and includes 677,000 square feet of building. The building contains classrooms, a sports complex, a performing arts center, a stadium,parking lots and activity fields. The site is zoned Public. PLANNED UNIT DEVELOPMENT WAIVERS The Eden Prairie School District#272 is requesting sign waivers from the City code for the following reasons. • Scale of the development. • The number of students and visitors at the site. • General public evening use of the school, auditorium, and recreational fields. Wall Signs Waivers 1. Increase the number of permitted wall signs from two to six. 2. Increase the total allowable sign area from 42 square feet to 268 square feet. The City Code permits two wall signs, 18 square feet and 24 square feet. Proposed Signs • Activity Center Entrance—60 square feet. Reader board sign with public service information. • North Entrance sign - 60 square feet. • Performing Arts Center sign—28 square feet. • East Entrance sign-24 square feet. • • South Entrance sign—24 square feet. • The Aerie Stadium sign - 72 square feet. A similar size office building could have 100 square feet,industrial 160 square feet, and commercial 1,200 square feet. Free Standing Sign Waivers. 1. Increase the number of permitted freestanding signs from two to six. 2. Increase the total allowable sign area from 160 square feet to 244 square feet. The City Code permits one freestanding, 80 square foot sign, 8 feet tall and one PUD sign, 80 square foot sign, 8 feet tall Staff Report— Eden Prairie High School Sign Package July 20,2001 Proposed Signs • County Road 4 entrance- 80 square feet, 8 feet tall. • Valley View Road entrance—80 square feet, 8 feet tall. • Stadium Sign banners ("Eden Prairie Pride") - (2)24 square foot, 12-foot tall, and(2) 18 square foot, 12-foot tall banners. The banners are internal to the site and not visible from public roads. Note all directional signs (H,I,J,L,M, and N)meet City Code requirements. Office zoning permits a 50 square foot and a 36 square foot sign. Industrial zoning permits a 80 square foot sign and a 50 square foot sign. Commercial zoning permits an 80 square foot sign and a 36 square foot sign. REASONS TO CONSIDER THE SIGN WAIVERS • The site is 68 acres. • The size of the development is approximately 677,000 square feet. • The site has two main entrances. • Signs are needed at entrances to the buildings. • The site has a large volume of public use and signs are needed for direction CONCLUSION The Community Planning Board should consider the following questions. 1. Has Eden Prairie School District#272 provided reasons for considering the sign waivers? 2. Is the sign request reasonable and appropriate for the size of the development? 3. Are the design, size, color, and scale of the individual signs acceptable? 4. Are the signs consistent in color,texture and materials? STAFF RECOMMENDATION Staff would recommend approval of the following. • Planned Unit Development Concept Amendment on 68 acres • Planned Unit Development District Review with waivers on 68 acres • Zoning District Amendment within the Public Zoning District on 68 acres • Approval is based on plans dated July 19,2001 prepared by Luis Ferreiro and the Staff Report dated July 20,2001, and the following conditions. 1. The following waivers are granted through the PUD. Wall Signs Staff Report— Eden Prairie High School Sign Package July 20,2001 • Increase the number of permitted wall signs from two to six. • Increase the total allowable sign area from 42 square feet to 268 square feet. Free standing Signs. • Increase the number of permitted freestanding signs from two to six. • Increase the total allowable sign area from 160 square feet to 244 square feet. 2. A sign permit from Community Development is required prior to installation of any sign on the property. CITY COUNCIL AGENDA DATE: 08/21/01 SECTION: Public Hearings SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development M. Donald R.Uram Walgreens v i i :16 Michael Franzen Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for PUD Concept Review on 3.36 acres; and • Approve 1st Reading of the Ordinance for PUD District Review and Zoning District Amendment within the C-Comm Zoning District on 3.36 acres; and • Direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This project is a 14,314 square foot Walgreens store located at the northeast corner of Highway 5 and County Road 4. 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: This project is an amendment to an approved plan for a 14,314 square foot Walgreens and a 3,658 square foot bank. This plan had approximately 9,000 square feet of wetland fill. The project meets City requirements for the Community Commercial zoning. There is no wetland fill. Attachments 1. Resolution for PUD Concept Review 2. Community Planning Board Minutes dated July 9, 2001. 3. Staff Report dated July 6, 2001 WALGREENS DEVELOPMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2001- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF WALGREENS DEVELOPMENT FOR SEMPER DEVELOPMENT,LTD 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 Walgreens Development PUD Concept by Semper Development, LTD 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 21, 2001. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Walgreens Development,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 August 15,2001. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated July 9, 2001. ADOPTED by the City Council of the City of Eden Prairie this 21st day of August,2001. Jean L. Harris, Mayor ATTEST: Kathleen A.Porta, City Clerk Exhibit A Walgreens Development Legal Description: Lot 1,Block 1,Jennifer Addition 3 Community Planning Board Minutes July 9,2001 Page 3 John Hanson stated his support for the Alms and the future development of the neighborhood. 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. B. WALGREENS DEVELOPMENT by Semper Development, LTD. Request for Planned Unit Development Concept Amendment on 3.36 acres to the overall Gonyea PUD,Planned Unit Development District Review on 3.36 acres, Zoning District Amendment within the C-Comm Zoning District on 3.36 acres, and Site Plan Review on 3.36 acres. Location: Northeast Corner of Co. Rd. 4 and Hwy 5. The public hearing opened at 7:47 p.m. John Kohler, Architect with Semper Development, 821 Marquette Avenue, stated the bank is no longer part of the site. It opened up the site. There is no longer encroachment on the wetlands. The Walgreen's portion remains the same. Architecture of the building is the same. Foote asked about the existing Walgreen's and the difference in size. Kohler stated it was 8,000-10,000 square feet; the new one would be around 14,000 square feet and have a drive-through. Foote asked what would happen to the existing Walgreen's. Kohler said there were interested parties previously in leasing or dividing the building. Franzen said staff recommends approval based on plans dated June 25, 2001, Staff Report dated July 6, 2001 and recommendations therein. Motion by Stock, second by Nelson to close the hearing. Motion carried, 8-0. The public hearing closed at 7:52 p.m. Motion by Brooks, second by Foote to approve the WALGREENS DEVELOPMENT by Semper Development, LTD. Request for Planned Unit Development Concept Amendment on 3.36 acres to the overall Gonyea PUD, Planned Unit Development District Review on 3.36 acres, Zoning District Amendment within the C-Comm Zoning District on 3.36 acres, and Site Plan Review on 3.36 acres. Location: Northeast Corner 24 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 % 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. 5 STAFF REPORT TO: Community Planning Board FROM: Michael D.Franzen, City Planner DATE: July 6, 2001 SUBJECT: Walgreens APPLICANT Semper Development, LTD OWNER: Bob Copeland LOCATION: Northeast corner of County Road 4 and Highway 5 REQUEST: 1. Planned Unit Development Concept Amendment on 3.36 acres to the overall Gonyea PUD 2. Planned Unit Development District Review on 3.36 acres 3. 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I ' -- ' : . . - - .---„..., .'' 1 . .. i I, ...,. : 4, ___ ___ _ 40110 41/,i ir; r- Fri":. . i ::, •,, • ', ' ' E ', ' ' ' , , , I it l' 4 I I : I !, ' 44 .1 't , ... . , . 4 , I . 11 I : . .L L.J—6._.LL.LuL ' ' ''' ' - : ' f I I., 1; / , • ,I : : I / I i i 1 . , 1 . ,I 1 -0 ' 1 . 1 • —•• '1 ' k : / ' . I , ..___ . LAI LiLLIL._ L, . - , • I : . -• 1 ,/7 i 4: . , ' ' :, 1 , 1 ',' . . 1 % - Ai ' . • . , . , 1 , , . t ' 9: --• -- ....... i I ,. . 4 al • yr ,1 , , II k . fi) fir\ A ' T1;. I' • , li '‘. !-. :-t I, ' r^1, , > / _r I • V ' 1 ) - 1,1 i , \ ;4 „....,..1.1_,..........1..._.......,....1 / ,............--,.....„.1,1. - .-„,,N, / if , \ , I,,„.;;'-' / \ , .--------13- I ‘,,, _ , Al '' ,---.,_ : ; . .„.. 1 ,,,,I I; kii. / i. ‘,. 1 4 ; ‘ii 1 - 1\1 • ii'ill / / i : A 7 Staff Report—Walgreens July 6,2001 BACKGROUND This site is guided and zoned Community Commercial. The 1986 approved plan is a 15,000 sf.,two story,bank-office building and a 24,200 s.f.,two story, office building. The bank-office building was constructed in 1987. The second phase office building has not been constructed. On August 15, 2000,the City Council approved a lst reading of a project to build a 14,314 square foot Walgreens and a 3,658 square foot bank. The developer did not proceed to final City Council approval. SITE PLAN The project involves removing the existing building and constructing a Walgreens. The building is 14,314 square feet. The building base area ratio is .10. The City Code allows up to a.20 base area ratio. The building meets the required 35-foot setback from all public roads. The building meets the required 20-foot side yard setback. The required parking for Walgreens is 87 spaces. A total of 87 spaces are provided. WETLAND IMPACTS There is no wetland filled proposed. The plan meets the required 25-foot wetland setback and 15 foot buffer. A conservation easement is required over the wetland and wetland buffers. The easement is shown on the plans. ARCHITECTURE The building meets the 75% face brick and glass requirement. LANDSCAPE PLAN The landscaping requirements are based on the caliper inch requirement, tree replacement, and wetland buffers. The caliper inch requirement is 90 inches. The plan meets this requirement. 1 I Staff Report—Walgreens July 6,2001 There are 176 inches of significant trees on site. The trees were planted to meet the landscape requirement for the approved plan. Tree loss is 126 inches. The required tree replacement is 120 inches. The plan meets this requirement. The plan includes 130 inches of wetland buffer trees as a transition between the parking lot and the wetland. TRAFFIC The approved plan generates 417 peak hour trips. The proposed plan generates 149 peak hour trips. Since the proposed traffic is less than the approved plan,no improvements are needed to existing roads and intersections. DRAINAGE The plan provides the required stormwater treatment pond. LIGHTING The proposed lighting is 30 feet tall and shielded. The lighting meets city requirements. STAFF RECOMMENDATION Staff recommends approval of the following: • Planned Unit Development Concept Amendment on 3.36 acres to the overall Gonyea PUD • Planned Unit Development District Review within the Community Commercial Zoning District on 3.36 acres • Zoning District Amendment within the C-Corn Zoning District on 3.36 acres • Site Plan Review on 3.36 acres This approval is based on plans dated June 25, 2001, this Staff Report, and subject to the recommendations: 1. Prior to grading permit issuance,the proponent shall: A. Submit detailed storm water runoff,utility and erosion control plans for review by the City Engineer and Watershed District. 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. I Staff Report—Walgreens July 6,2001 2. Prior to building permit issuance,the proponent shall: • A. Meet with the Fire Marshal to go over fire code requirements. B. Submit samples of exterior building materials for review. C. Submit a landscaping and tree replacement bond for review. D. Submit a wetland bond for review.A wetland conservation easement is required prior to the release of the final plat. /0 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims August 21,2001 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims Vi i i Financial Services/Don Uram Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 102473-102913 Wire Transfers 1105-1114 Background Information Attachments • City of Eden Prairie Council Check Summary 8/21/2001 Division Amount General 343,644 100 City Manager 89,523 101 Legislative 1,008 102 Legal Counsel 20,625 110 City Clerk 1,223 111 Customer Service 8,732 112 Human Resources 7,004 113 Communication Services 3,437 114 Benefits&Training 5,630 115 Risk Management 56,099 116 Facilities 19,262 117 City Center 1,099 130 Assessing 501 131 Finance 178 132 Housing Trans Social Service 7,536 133 Community Development 1,320 135 Information Technology 16,665 136 Wireless Communication 977 150 Park Administration 1,200 151 Park Maintenance 14,604 153 Athletic Programs 6,762 154 Community Center 12,025 155 Beaches 342 156 Youth Programs 5,198 157 Special Events 1,900 158 Senior Center 387 160 Adaptive Recreation 328 161 Oak Point Pool 348 162 Arts 1,720 163 Park Facilities 1,062 180 Police 10,618 184 Fire 19,727 185 Animal Control 246 186 Inspections 182 200 Engineering 1,008 201 Street Maintenance 285,153 203 Fleet Services 39,316 204 Equipment Revolving 21,094 301 CDBG 6,713 314 Liquor Compliance 238 402 2nd Sheet of Ice 1992A 162,420 403 City Center Debt 274,340 405 Park Bonds 1992A 1993A 103,308 407 Utility Bonds Arbitrage 229,720 408 Refunding Bonds 1997A 168 410 Improvement Bonds Pre 1990 25,460 City of Eden Prairie Council Check Summary 8/21/2001 Division Amount 412 Improvement Bonds 1991B 66,449 414 Improvement Bonds 1993B 16,300 415 Open Space Debt 1994 47,239 503 Utility Improvement 2,674 506 Improvment Bonds 1996 200,621 509 CIP Fund 19,174 511 Construction Fund 12,880 601 Prairie Village Liquor 78,464 602 Den Road Liquor 154,103 603 Prairie View Liquor 84,689 701 Water Fund 384,331 702 Sewer Fund 9,084 703 Storm Drainage Fund 6,664 803 Escrow Fund 7,531 Grand Total 2,900,249 City of Eden Prairie Council Check Register 8/21/2001 Check# Amount Vendor Account Description Business Unit 1105 144,596 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund 1106 25,328 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1107 13,296 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1108 7,634 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1109 556,734 US BANK Interest City Center Debt Fund 1110 102,200 FIRSTAR TRUST COMPANY Interest Utility Bonds Arbitrage 1111 266,176 CARSONITE INTL CORP Interest Utility Bonds Arbitrage 1112 552 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 1113 25,476 MINNESOTA DEPT OF REVENUE Sales Tax Payable Den Road Liquor Store 1114 69,629 MINNESOTA DEPT OF REVENUE Sales Tax Payable Den Road Liquor Store 102473 567 ASPEN WASTE SYSTEMS INC. Waste Disposal Water Treatment Plant 102474 320 C&C EMBROIDERY Clothing&Uniforms Fire 102475 329 CORDES JEFFREY Mileage&Parking Tree Disease 102476 272 CRYSTAL CITY OF AR Utility Water Enterprise Fund 102477 19 DAVIDSON TOM AR Utility Water Enterprise Fund 102478 93 DELEGARD TOOL CO Equipment Repair&Maint Fleet Services 102479 50 DEPARTMENT OF AGRICULTURE Licenses&Taxes Water Treatment Plant 102480 60 EDINA SENIOR CENTER Special Event Fees Adult Program 102481 20 EDINA CITY OF Other Contracted Services Park Maintenance 102482 714 GOPHER STATE ONE-CALL INC Other Contracted Services Sewer System Maintenance 102483 6 HANSON JUNE Program Fee Adult Program 102484 50 HENNEPIN COUNTY TREASURER Licenses&Taxes Water System Maintenance 102485 97 HOME DEPOT/GECF Operating Supplies Park Maintenance 102486 780 HUMAN SERVICES-EMSOCS Other Contracted Services Park Maintenance 102487 448 J A PRICE AGENCY INC Insurance Risk Management 102488 165 JET BLACK Other Contracted Services Water System Maintenance 102489 32 JOHNSON BEN Other Contracted Services 2000 Rehab 102490 40 MCFERRIN TANYA Instructor Service Outdoor Center 102491 20 MINNESOTA PRIMA Dues&Subscriptions Human Resources 102492 800 MUHLHAUSER WENDY Other Contracted Services Preschool Events 102493 59 NEWMAN KAREN AR Utility Water Enterprise Fund 102494 235 NORTHSTAR REPRO PRODUCTS INC Operating Supplies Engineering 102495 110 OTTERNESS RON Instructor Service Outdoor Center 102496 309 PETTY CASH Recreation Supplies Preschool Playground 102497 180 POST BOARD Licenses&Taxes Police 102498 369 PROTECTION ONE Other Contracted Services Prairie Village Liquor Store 102499 40 TELEPHONE ANSWERING CENTER INC Other Contracted Services Water Treatment Plant 102500 50 THIELMAN MARC Mileage&Parking General Facilities 102501 93 WHITE NICOLE Mileage&Parking Adaptive Recreation 102502 15,000 AKIN GUMP STRAUSS HAUER&FELD Legal Counsel Airport Legal Council 102503 178 ASPEN PUBLISHERS INC Dues&Subscriptions General Facilities 102504 70 BERGLY LISA Program Fee Preschool Events 102505 146 BYERLYS Miscellaneous General Facilities 102506 1,387 CEMSTONE Repair&Maint.Supplies Sewer System Maintenance 102507 20 COFFMAN WILLIAM Program Fee Preschool Playground 102508 362 CRAGUNS Travel Expense Police 102509 5 DINGLEY DIANE Program Fee Outdoor Center 102510 80,000 ENGER CHRIS Other Contracted Services City Manager 102511 9,523 ENGER CHRIS Other Contracted Services City Manager 102512 293 FIRSTAR TRUST COMPANY Paying Agent Refunding Bonds 1997A 102513 80 FREY TERRI GEIGER Instructor Service Outdoor Center 102514 40 GRISWOLD DONNA Program Fee Preschool Playground 102515 20 GUNDERSON TOM Program Fee Preschool Playground 102516 145 HILDEBRANT SARAH Other Contracted Services Teen Work Program\ 102517 20 KUYAVA CHARLES Program Fee Outdoor Center 102518 20 LATTERNER TODD Program Fee Preschool Playground 102519 169 LEEANN CHIN Miscellaneous City Council 102520 300 MINIFEE MARLON Other Contracted Services Camps 102521 24 MINNESOTA'S BOOKSTORE Operating Supplies Water Utility-General 102522 112 PAPA JOHN'S PIZZA Miscellaneous Police 102523 2,434 QWEST Telephone General 102524 1,190 Qwest COMMUNICATIONS Pager&Cell Phone Police 102525 36 SIPE MINDY Program Fee Summer Skill Development 102526 200 STROINSKI GAIL Refunds Environmental Education 102527 100 TANNER PATRICIA Refunds Environmental Education 102528 35 WOLF CAMERA INC Video&Photo Supplies Police 102529 2,155 INDEPENDENT SCHOOL DIST NO.27 Transportation Special Events&Trips 102530 64 ACE ICE COMPANY Misc Taxable Prairie View Liquor Store 102531 650 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 102532 128 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 102533 2,637 BELLBOY CORPORATION Liquor Den Road Liquor Store 102534 84 CONNELLY COMPANIES Misc Taxable Den Road Liquor Store 102535 13,369 DAY DISTRIBUTING Beer Den Road Liquor Store 102536 2,657 EAGLE WINE COMPANY Wine Imported Prairie Village Liquor Store L City of Eden Prairie Council Check Register 8/21/2001 Check# Amount Vendor Account Description Business Unit 102537 9,106 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 102538 128 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 102539 380 GRAND PERE WINES INC Wine Domestic Den Road Liquor Store 102540 420 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 102541 11,468 GRIGGS COOPER&CO Liquor Den Road Liquor Store 102544 11,517 JOHNSON BROTHERS LIQUOR CO Wine Imported Den Road Liquor Store 102545 2,722 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 102547 14,949 MARK VII Beer Den Road Liquor Store 102548 914 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 102549 629 NORTH STAR ICE Misc Taxable Prairie Village Liquor Store 102550 507 PAUSTIS&SONS COMPANY Beer Den Road Liquor Store 102551 85 PEPSI COLA COMPANY Misc Taxable Den Road Liquor Store 102553 10,115 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 102554 1,201 PINNACLE DISTRIBUTING Tobacco Products Den Road Liquor Store 102555 2,422 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 102556 593 QUALITY WINE&SPIRTS CO Liquor Den Road Liquor Store 102557 10,832 THORPE DISTRIBUTING Beer Den Road Liquor Store 102558 572 WINE COMPANY THE Wine Domestic Den Road Liquor Store 102559 2,992 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 102560 6,604 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 102561 240 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 102562 15 BROOKLYN PARK CITY OF Conference Expense City Council 102563 130 BYERLYS Employee Award Human Resources 102564 75 COMMISSIONER OF TRANSPORTATION Operating Supplies Engineering 102565 135 DMXIMINNEAPOLIS Other Contracted Services Den Road Liquor Store 102566 1,184 ELLIS MIKE Other Contracted Services 2000 Rehab 102567 106 FEDEX Postage Fire 102568 68 FROEMMING NANCY Capital Under$2000 Prairie Village Liquor Store 102569 1,430 GRAPHIK DIMENSIONS LTD Video&Photo Supplies Fire 102570 59 HANLON SCOTT Operating Supplies Fire 102571 277 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 102572 1,399 HILLCREST CAFE&CATERING Employee Award Human Resources 102573 185 ICHIEFS Dues&Subscriptions Fire 102574 398 IOS CAPITAL Other Rentals Fire 102575 3,023 KMC TELECOM HOLDINGS INC. Telephone General 102576 360 LIONS TAP Miscellaneous Police • 102577 6,000 MARK OF EXCELLENCE HOMES INC Deposits Escrow 102578 139,336 MEDICA CHOICE Medical Bills Prepaid General Fund 102579 322 MIKES SERVICE Other Contracted Services Guide Plan 102580 2,359 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 102581 225 MINN NCPERS GROUP LIFE INSURAN Life Insurance Employees General Fund 102582 563 MN TWINS Special Event Fees Special Events&Trips 102583 73 PUNTON JASON Tuition ReimbursemenUSchool In Service Training 102584 113 SCHERBRING GARI Mileage&Parking Tennis 102585 95 SCRANTON GILLETTE COMMUNICATIO Dues&Subscriptions Water Utility-General 102586 719 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources 102587 300 STROMBERG STEVEN SCOTT Other Contracted Services Staring Lake Concert 102588 2,674 SUMMIT ENVIROSOLUTIONS Design&Engineering Utility Improvement Fund 102589 2,400 TIMME INC Design&Engineering Capital Impr./Maint.Fund 102590 215 WESTACOTT JOEL Video&Photo Supplies Human Resources 102591 1,709 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 102592 107 WRIGHT IRENE Mileage&Parking Golden Triange Study 102593 144 ALT ORRIN Clothing&Uniforms Police 102594 1,410 ANDERSON ENGINEERING OF NEW PR Other Contracted Services Fire 102595 150 BCA/CJDN CONFERENCE Tuition Reimbursement/School Police 102596 30 C&J TRAVEL INC Travel Expense Police 102597 458 CALIBRE PRESS INC Tuition ReimbursementSchool Police 102598 135 COMMISSIONER OF TRANSPORTATION Conference Expense In Service Training 102599 5,498 COVERALL SIDING CO Other Contracted Services 2000 Rehab 102600 158 EDEN PRAIRIE TAILOR&SHOE REP Clothing&Uniforms Police 102601 754 GE CAPITAL FLEET SERVICES Insurance Risk Management 102602 137 GEIS ROB Clothing&Uniforms Police 102604 1,282 GENUINE PARTS COMPANY Equipment Parts Fleet Services 102605 300 HORSTMAN BRAD Other Contracted Services Camps 102606 650 IAAO Conference Expense In Service Training 102607 300 MINIFEE MARLON Other Contracted Services Camps 102608 15 MPPOA Dues&Subscriptions Police 102609 1,760 MTOA Tuition Reimbursement/School Police 102610 131 MUELLER CYNTHIA Mileage&Parking Riley Lake Beach 102611 127 NEXTEL COMMUNICATIONS Pager&Cell Phone Wireless Communication 102612 656 NILSSON BETH Instructor Service Ice Arena 102613 351 PARKER WARD Repair&Maint.Supplies Fire 102614 169 PETTY CASH-POLICE DEPT Miscellaneous Police 102615 5,094 PRUDENTIAL INSURANCE CO OF AME Life Insurance Employees General Fund 5 City of Eden Prairie Council Check Register 8/21/2001 Check# Amount Vendor Account Description Business Unit 102616 146 REDSTONE AMERICAN GRILL INC Cigarette Licenses General Fund 102617 5,969 RELIASTAR LIFE INSURANCE CO Disability Ins Employers General Fund 102618 4 TRANS UNION CORPORATION Other Contracted Services Police 102619 74 WERTS SANDY Mileage&Parking Senior Center Administration 102620 35 ANDERSON AMY Program Fee Spring Skill Development 102621 42 ANTONOV DIMA Lessons&Classes Pool Lessons 102622 1,587 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 102623 56 AT&T Telephone Water Utility-General 102624 21 BLACK JOHN Lessons&Classes Ice Arena 102625 294 CHARLES KAREN Program Fee Day Camp 102626 750 DARE TO BREATHE Other Contracted Services Staring Lake Concert 102627 1,461 ELAN FINANCIAL SERVICES Travel Expense City Council 102628 24 HENNEPIN COUNTY SHERIFF'S OFFI Equipment Repair&Maint Wireless Communication 102629 1,445 HENNEPIN COUNTY TREASURER-GE Board of Prisoner Police 102630 495 IKON OFFICE SOLUTIONS* Other Rentals Water Utility-General 102631 42 KIRSCH SUSAN Lessons&Classes Oak Point Lessons 102632 71 MENARDS Small Tools Water System Maintenance 102634 237 MERLINS ACE HARDWARE. Repair&Maint.Supplies Maintenance 102635 56 MINNCOMM PAGING Pager&Cell Phone Sewer System Maintenance 102636 238 PETTY CASH-POLICE DEPT Operating Supplies Liquor Compliance 102639 1,734 QWEST Telephone Fire 102640 650 RICHARD ALAN PRODUCTIONS Other Contracted Services Staring Lake Concert 102641 21,094 TOWN AND COUNTRY DODGE Autos General Govemment 102642 1,653 US POSTMASTER-HOPKINS Postage Water Accounting 102643 76 WEEDMAN NICOLE Mileage&Parking Youth Programs Administration 102644 221 ACE ICE COMPANY Misc Taxable Prairie View Liquor Store 102645 183 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 102646 104 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 102647 765 BELLBOY CORPORATION Liquor Prairie View Liquor Store 102648 5,563 DAY DISTRIBUTING Beer Den Road Liquor Store 102649 2,229 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store 102650 13,197 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 102651 64 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 102652 178 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 102653 6,861 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 102654 170 HOHENSTEINS INC Beer Prairie Village Liquor Store 102657 20,860 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 102658 1,871 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 102659 17,263 MARK VII Beer Den Road Liquor Store 102660 370 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 102661 633 NORTH STAR ICE Misc Taxable Prairie Village Liquor Store 102662 3,382 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 102663 199 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 102667 8,933 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 102668 1,384 PINNACLE DISTRIBUTING Tobacco Products Prairie View Liquor Store 102669 2,198 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 102672 18,847 QUALITY WINE&SPIRTS CO Liquor Den Road Liquor Store 102673 16,450 THORPE DISTRIBUTING Beer Prairie View Liquor Store 102674 1,605 WINE COMPANY THE Wine Domestic Prairie Village Liquor Store 102675 52 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 102676 1,081 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 102677 2,626 A P LAWN INC Other Contracted Services Fire Station#1 102678 163 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Water System Maintenance 102679 868 ABSOLUTE RAIN INC. Other Contracted Services Fire Station#2 102680 1,200 ACME WINDOW CLEANING INC. Other Contracted Services Water Treatment Plant 102681 5,011 AMERICAN WATER WORKS ASSOCIATI Dues&Subscriptions Water Utility-General 102682 388 AMI IMAGING SYSTEMS INC Other Assets Records Management 102683 3,384 ANCHOR PRINTING COMPANY Printing Communication Services 102684 660 ANDERBERG CRAIG W. Other Contracted Services Softball 102685 674 ANDERSON IRRIGATION INC Other Contracted Services Capital Impr./Maint.Fund 102686 221 AQUA ENGINEERING INC Building Repair&Maint. Water Treatment Plant 102687 7,386 ASPEN EQUIPMENT CO. Other Assets Fleet Services 102688 105 ATCO INTERNATIONAL Repair&Maint.Supplies Water Treatment Plant 102689 362 AUTO ELECTRIC SPECIALISTS Equipment Repair&Maint Fleet Services 102690 12,895 BACONS ELECTRIC COMPANY Equipment Repair&Maint Water Well#13 102691 15 BAKER'S PLAYS Operating Supplies Summer Theatre 102692 226 BALDWIN COOKE COMPANY Office Supplies Water Utility-General 102693 658 BARKER-HAMMER ASSOCIATES INC. Small Tools General Facilities 102694 1,000 BARTZ GERALD Other Contracted Services Softball 102695 461 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 102696 945 BENIEK PROPERTY SERVICES INC. Other Contracted Services Fire Station#2 102697 1,442 BERGIN AUTO BODY INC Other Contracted Services Water Treatment Plant 102698 3,624 BIFFS INC Waste Disposal Park Maintenance 102699 941 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Fire Station#5 6 City of Eden Prairie Council Check Register 8/21/2001 Check# Amount Vendor Account Description Business Unit 102700 49 BORDER STATES ELECTRIC SUPPLY Equipment Parts Fleet Services 102701 240 BRANDT LEE Other Contracted Services Softball 102702 6,159 BRAUN INTERTEC CORPORATION Design&Engineering Construction Fund 102703 512 BRIN NORTHWESTERN GLASS COMPAN Building Repair&Maint. Prairie Village Liquor Store 102704 393 BRO-TEX INC Equipment Parts Fleet Services 102705 188 BROWN PAUL Other Contracted Services Park Facilities 102706 300 BURNSVILLE CITY OF Other Rentals Fire 102707 478 C&H DISTRIBUTORS INC. Cleaning Supplies Water Treatment Plant 102708 35 CATCO CLUTCH&TRANSMISSION SE Equipment Parts Fleet Services 102709 29 CEMSTONE Building Materials Preserve Park 102710 735 CENTRAIRE INC Equipment Repair&Maint Water Treatment Plant 102711 500 CENTRAL SEWER&WATER Other Contracted Services Water System Maintenance 102712 160 CHAD NESTOR&ASSOCIATES Printing Adaptive Recreation 102713 639 CHANHASSEN BUMPER TO BUMPER Equipment Parts Fleet Services 102714 104 CHESLEY TRUCK SALES Equipment Repair&Maint Fleet Services 102715 628 CLAREYS INC Equipment Testing/Cert. Water Treatment Plant 102716 2,285 CLEAN SWEEP INC Other Contracted Services Park Maintenance 102717 933 CONNEY SAFETY PRODUCTS Cleaning Supplies Water Treatment Plant 102718 419 CONSTRUCTION MATERIALS INC Repair&Maint.Supplies Storm Drainage 102719 85 COPY EQUIPMENT INC Operating Supplies Park Maintenance 102720 5,625 CORNERSTONE Other Contracted Services Legal Council 102721 1,383 CORPORATE EXPRESS Office Supplies General 102722 10 CROWN MARKING INC Operating Supplies General Facilities 102723 481 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 102724 982 CUSTOM CONVEYOR CORPORATION Capital Under$2000 Water Treatment Plant 102727 47,392 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 102728 1,856 DAHLGREN SHARDLOW AND UBAN Deposits Escrow 102729 121 DALCO Cleaning Supplies Maintenance 102730 953 DALCO ROOFING&SHEET METAL IN Other Contracted Services Fire Station#3 102731 53 DALE GREEN COMPANY THE Landscape Materials/Supp Street Maintenance 102732 2,477 DANKO EMERGENCY EQUIPMENT CO Small Tools Fire 102733 854 DECORATIVE DESIGNS INC Other Contracted Services City Center Operations 102734 160 DESAULNIERS DAN Other Contracted Services Softball 102735 621 DIRECT SAFETY CO Protective Clothing Water Utility-General 102740 870 DRISKILLS NEW MARKET Miscellaneous Police 102741 28,360 DRT TRANSPORT Other Contracted Services Water Treatment Plant 102742 1,744 DYNA SYSTEMS Repair&Maint.Supplies Sewer System Maintenance 102743 1,853 EARL F ANDERSEN INC Signs Traffic Signs 102744 534 ECOLAB INC Other Contracted Services Maintenance 102745 907 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous In Service Training 102746 60 EDHLUND ERIC Other Contracted Services Softball 102747 444 EF JOHNSON Equipment Parts Wireless Communication 102748 375 ELECTRICAL MECHANICAL SERVICES Other Contracted Services Water Well#9 102749 344 ELK RIVER CONCRETE PRODUCTS Repair&Maint.Supplies Storm Drainage 102750 92 ELVIN SAFETY SUPPLY INC Protective Clothing Storm Drainage 102751 5,680 EMERGENCY APPARATUS MAINTENANC Equipment Testing/Cert. Fire 102752 771 ENERGY MANAGEMENT INC Repair&Maint.Supplies Ice Arena 102753 5,828 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Services 102754 217 ENVIROSOTA INC Waste Disposal Water Treatment Plant 102755 1,970 ESCHELON TELECOM INC Other Contracted Services General 102756 4,539 ESS BROTHERS&SONS INC* Repair&Maint.Supplies Water System Maintenance 102757 7,667 EUREKA CONSTRUCTION Improvement Contracts Improvement Projects 1996 102758 5,490 FACILITY SYSTEMS INC Capital Under$2000 Fumiture • 102759 1,661 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing Trans&Human Sery 102760 200 FERRELLGAS Motor Fuels Ice Arena 102761 155 FIRE INSTRUCTORS ASSOCIATION 0 Training Supplies Fire 102762 120 FISHER SCIENTIFIC Operating Supplies Water System Maintenance 102763 521 FORKLIFTS OF MINNESOTA INC Equipment Repair&Maint Water Treatment Plant 102765 2,292 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 102766 2,140 GENERAL REPAIR SERVICE Equipment Repair&Maint Water Treatment Plant 102767 87 GINA MARIAS INC Miscellaneous Police 102768 88 GLENROSE FLORAL AND GIFT SHOPS Employee Award Human Resources 102769 436 GREAT AMERICAN BUSINESS PRODUC Operating Supplies Parking 102770 51 HALDEMANN HOMME INC Repair&Maint.Supplies Maintenance 102771 79 HANCE COMPANIES Equipment Parts Fleet Services 102772 10,706 HANSEN THORP PELLINEN OLSON Design&Engineering Improvement Projects 1996 102773 245 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services 102774 16,092 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 102775 10,497 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 102776 1,234 HELLERS CARBONIC WEST Chemicals Water Treatment Plant 102777 190 HELSENE CO. Other Contracted Services Prairie Village Liquor Store 102778 650 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 102779 125 HENNEPIN COUNTY TREASURER Equipment Repair&Maint Traffic Signals 102780 1,020 HIGLEY STEVE Other Contracted Services Softball City of Eden Prairie Council Check Register 8/21/2001 Check# Amount Vendor Account Description Business Unit 102781 37 HISCO Small Tools Wireless Communication 102782 80 HOLMES JOHN CARTER Other Contracted Services Softball 102783 240 HOLMES TOM Other Contracted Services Softball 102784 15 ICE SKATING INSTITUTE Operating Supplies Ice Arena 102785 2,092 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Treatment Plant 102786 1,605 IDEXX DISTRIBUTION CORP Operating Supplies Water System Maintenance 102787 55 IMAGE MAX INC Operating Supplies Engineering 102788 3,514 INDEPENDENT SCHOOL DIST NO.27 Conference Expense In Service Training 102789 2,127 INDUSTRIAL LIGHTING SUPPLY INC Building Repair&Maint. Water Treatment Plant 102790 208 INDUSTRIAL WASTE SERVICES INC Equipment Repair&Maint Fleet Services 102791 565 INFRATECH Repair&Maint.Supplies Sewer System Maintenance 102792 630 INNOVATIVE GRAPHICS Clothing&Uniforms Athletics 102793 1,987 INNOVATIVE LANDSCAPE SUPPLY IN Landscape Materials/Supp Water Treatment Plant 102794 3,050 INSPEC INC. Building Capital Impr./Maint.Fund 102795 1,050 INTELLISYS INC Other Contracted Services Water Treatment Plant 102796 3,199 INTELLUTION Software Water Treatment Plant 102797 3,744 JANEX INC Cleaning Supplies Maintenance 102798 4,750 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 102799 544 KRAEMERS HARDWARE INC Operating Supplies Water Treatment Plant 102800 732 LAB SAFETY SUPPLY INC Building Repair&Maint. Water Treatment Plant 102801 162 LAKE COUNTRY DOOR Building Repair&Maint. Fire Station#3 102802 14 LAKELAND FORD TRUCK SALES Equipment Parts Fleet Services 102803 972 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 102804 1,401 LANO EQUIPMENT INC Other Rentals Storm Drainage 102805 4,717 LARKIN HOFFMAN DALY&LINDGREN Design&Engineering Construction Fund 102806 58,330 LEAGUE OF MINNESOTA CITIES INS Insurance Risk Management 102807 113 LEROY JOB TRUCKING Other Contracted Services Animal Control 102808 262 LESCO INC Landscape Materials/Supp Storm Drainage 102809 17 LINHOFF PHOTO&DIGITAL IMAGIN Video&Photo Supplies Human Resources 102810 19,933 LOGIS LOGIS Information Technology 102811 50 LOT LINES INC Other Contracted Services Capital Impr./Maint.Fund 102812 37,957 LOVEGREEN INDUSTRIAL SERVICES Other Contracted Services Water Treatment Plant 102813 35 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 102814 25 MAIL BOXES ETC Postage Water Utility-General 102815 9 MARKS HWY 5 AMOCO Motor Fuels Fleet Services 102816 1,919 MARTIN-MCALLISTER Employment Support Test Human Resources 102817 1,000 MAXI-PRINT INC Printing Police 102818 666 MENARDS Building Materials Franlo Park 102819 53 METRO SALES INCORPORATED* Office Supplies General 102820 650 METROPOLITAN AREA PROMOTIONS C Advertising Den Road Liquor Store 102821 87 METROPOLITAN FORD Equipment Parts Fleet Services 102822 12,506 MIDWEST ASPHALT CORPORATION Seal Coating Street Maintenance 102823 52,177 MINGER CONSTRUCTION INC Improvement Contracts Improvement Projects 1996 102824 173 MINNESOTA CONWAY Other Contracted Services Fire 102825 5,559 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance 102826 136 MINNESOTA VIKINGS FOOD SERVICE Miscellaneous General Facilities 102827 57 MTI DISTRIBUTING INC Equipment Parts Water System Maintenance 102828 300 MUNZ ERIC Other Contracted Services Softball 102829 1,320 MYRON WILL LAWN MAINTENANCE Other Contracted Services Park Maintenance 102830 2,333 NATIONWIDE ADVERTISING SERVICE Employment Advertising Human Resources 102831 31 NOKOMIS SHOE SHOP Clothing&Uniforms Street Maintenance 102832 43 NORTHERN TOOL&EQUIPMENT CO. Repair&Maint.Supplies Sewer System Maintenance 102833 332 NORTHLAND BUSINESS SYSTEMS Office Supplies General 102834 1,573 NORTHLAND ELECTRIC SUPPLY COMP Equipment Parts Water Treatment Plant 102835 250 NORTHSTAR REPRO PRODUCTS INC Operating Supplies Engineering 102836 516 NORTHWEST BUSINESS SYSTEMS Other Contracted Services Street Maintenance 102837 51 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 102838 3,600 OAIRE Tuition Reimbursement/School Fire 102839 157 OLSEN COMPANIES Small Tools Sewer System Maintenance 102840 88 OSI BATTERIES INC Operating Supplies Traffic Signs 102841 29 PAPER WAREHOUSE Recreation Supplies Youth Programs Administration 102842 15,324 PARROTT CONTRACTING INC Other Contracted Services Water System Maintenance 102843 267,754 PEARSON BROTHERS INC Seal Coating Street Maintenance 102844 145 PINNACLE DISTRIBUTING Misc Non-Taxable Prairie View Liquor Store 102845 19,600 PLEHAL BLACKTOPPING INC Equipment Repair&Maint Water Treatment Plant 102846 83 PRAIRIE CYCLE&SKI Clothing&Uniforms Police 102847 1,463 PRAIRIE ELECTRIC COMPANY Other Contracted Services Maintenance 102848 42 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Water System Maintenance 102849 452 PRAIRIE OFFSET PRINTING Printing Assessing 102850 30 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 102851 1,420 QUALITY FLOW SYSTEMS INC Other Contracted Services Sewer Liftstation 102852 1,682 R E FRITZ INC Operating Supplies Fire 102853 5 RAINBOW FOODS INC. Operating Supplies Senior Center Program 102854 10 RDO FINANCIAL SERVICES CO Equipment Parts Fleet Services City of Eden Prairie Council Check Register 8/21/2001 Check# Amount Vendor Account Description Business Unit 102855 133 REAL GEM Employee Award Human Resources 102856 28 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 102857 69,191 RMR SERVICES INC Equipment Repair&Maint Water Meter Repair 102858 1,980 S&D DOOR REPAIR INC Building Repair&Maint. Public Works/Parks 102859 1,752 S/K WELL&PUMP INSPECTIONS Other Contracted Services Water Well#9 102860 11 SALLY DISTRIBUTORS Recreation Supplies Youth Programs Administration 102861 96 SANCO CLEANING SUPPLIES Cleaning Supplies Water Treatment Plant 102862 28 SAVOIE SUPPLY CO INC Cleaning Supplies Water Treatment Plant 102863 585 SCHWARTZ DONALD Other Contracted Services Softball 102864 5,875 SENIOR COMMUNITY SERVICES Other Contracted Services Housing Trans&Human Sery 102865 28,081 SHORT ELLIOT HENDRICKSON INC Design&Engineering Improvement Projects 1996 102866 133 SHRED-IT Waste Disposal City Center Operations 102867 58,586 SJ LOUIS CONSTRUCTION INC Improvement Contracts Improvement Projects 1996 102868 810 SNAP-ON TOOLS Small Tools Water Treatment Plant 102869 324 SOUTHWEST SALES AND RENTAL Small Tools Park Maintenance 102870 1,063 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk 102871 46,877 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 1996 102872 178 STANDARD REGISTER Operating Supplies Finance 102873 403 STAT-MEDICAL INC. Safety Supplies Fleet Services 102874 600 STRAND MANUFACTURING CO INC Equipment Repair&Maint Water Treatment Plant 102875 1,367 STREICHERS Protective Clothing Police 102876 235 SUBURBAN LIGHTING Other Contracted Services Park Maintenance 102877 2,300 TEAM LABORATORY CHEMICAL CORPO Repair&Malnt.Supplies Sewer Liftstation 102878 316 TESSCO Equipment Parts Wireless Communication 102879 11,451 TIMME INC Improvement Contracts Capital Impr./Maint.Fund 102880 180 TKDA Other Contracted Services Water Treatment Plant 102881 2,450 TRACY/TRIPP FUELS Motor Fuels Water Treatment Plant 102882 54,859 TRAUT WELLS Other Contracted Services Water Well#9 102883 94 TRI STATE PUMP&CONTROL INC. Equipment Repair&Maint Sewer Liftstation 102884 499 TRI-STAR INSULATION CO Building Repair&Maint. Water Treatment Plant 102885 372 TWIN CITY FILTER SERVICE INC Building Repair&Maint. Water Treatment Plant 102886 '26 TWIN CITY OXYGEN CO Repair&Maint.Supplies Water System Maintenance 102887 96 TWIN CITY VACUUM Equipment Repair&Maint Prairie Village Liquor Store 102888 1,626 UNIFORMS UNLIMITED Equipment Parts Fleet Services 102889 526 UNITED LABORATORIES Cleaning Supplies Water Treatment Plant 102890 876 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 102891 3,964 US FILTER/WATERPRO Repair&Maint.Supplies Water System Maintenance 102892 975 US OFFICE PRODUCTS Office Supplies Fire 102893 4,570 VERNCO MAINTENANCE INC Other Contracted Services Water Treatment Plant 102894 8 VIKING TROPHIES Operating Supplies Aquatics&Fitness Admin 102895 4,063 VOPAK USA INC. Chemicals Water Treatment Plant 102896 184 VOSS LIGHTING Repair&Maint.Supplies Maintenance 102897 81 VWR SCIENTIFIC PRODUCTS Operating Supplies Water Treatment Plant 102898 2,405 W W GRAINGER Repair&Maint.Supplies Maintenance 102899 255 WARWICK INDUSTRIAL INC Other Contracted Services Water Well#11 102900 571 WATER SPECIALITY OF MN INC Chemicals Pool Maintenance 102901 1,561 WATSON CO INC THE Merchandise for Resale Concessions 102902 37 WEST WELD Small Tools Fleet Services 102903 108 WESTBURNE SUPPLY INC-PLYMOUT Repair&Maint.Supplies Maintenance 102904 4,352 WM MUELLER AND SONS INC Asphalt Overlay Street Maintenance 102905 182 WOLF CAMERA INC Video&Photo Supplies Communication Services 102906 45 WUTTKE TRAVIS Landscape Materials/Supp Preserve Park 102907 111 X-ERGON Repair&Maint.Supplies Water Utility-General 102908 212 XPECT FIRST AID Safety Supplies Water Treatment Plant 102909 3,709 YALE INCORPORATED Building Repair&Maint. Water Treatment Plant 102910 640 ZAHN GERALD Other Contracted Services Volleyball 102911 222 ZEE MEDICAL SERVICE Safety Supplies Riley Lake Beach 102912 1,869 ZIEGLER INC Other Rentals July 4th Celebration 102913 180 ZOELLNER MARK Other Contracted Services Softball 2,900,249 Grand Total 1 CITY COUNCIL AGENDA DATE: 08/21/01 SECTION: Ordinances and Resolutions SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R.Uram `j�( Michael Franwen Eden Prairie High School Sign Plan —}-"' Requested Action Move to: • Approve 2"a Reading of the Ordinance for PUD District Review and Zoning District Amendment within Public Zoning District on 68 acres. Synopsis This is final approval of the sign plan for the Eden Prairie High School. Attachments 1. Ordinance for PUD District Review and Zoning District Amendment EDEN PRAIRIE HIGH SCHOOL SIGN PLAN CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 29-001-PUD-19-2001 AN ORDINANCE OF THE CITY OF EDEN'PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, 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 amended within the Public Zoning District 29-2001-PUD-19-2001 (hereinafter"PUD-19-2001-Public). Section 3. The City Council hereby makes the following findings: A. PUD-19-2001-Public is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-19-2001-Public 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-19-2001-Public are justified by the design of the development described therein. The following waivers are granted through the PUD. Wall Signs • Increase the number of permitted wall signs from two to six. • Increase the total allowable sign area from 42 square feet to 268 square feet. Free standing Signs. • Increase the number of permitted freestanding signs from two to six. • Increase the total allowable sign area from 160 square feet to 244 square feet. a D. PUD_2001-Public is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The proposal is hereby adopted and the land shall be, and hereby is amended within the Public District and shall be included hereafter in the Planned Unit Development 19-2001-Public, 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 5. 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 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of August, 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 21st day of August, 2001. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on 3 Exhibit A Eden Prairie High School Sign Plan Legal Description: That part of the North Half of Section 8,Township 116,Range 22 described as follows: Commencing at the southwest corner of the Southeast Quarter of the Northwest Quarter of said Section 8; thence on an assumed bearing of North 1 degree 00 minutes 31 seconds West along the west line of said Southeast Quarter of the Northwest Quarter, a distance of 654.29 feet to the point of beginning of the land to be described; thence South 53 degrees 53 minutes 02 seconds East, a distance of 184.26 feet; thence along a tangential curve concave to the north having a radius of 560.00 feet a central angle of 54 degrees 00 minutes 00 seconds and an arc length of 527.79 feet; thence easterly along a reverse curve concave to the south having a radius of 1010.00 feet a central angle of 33 degrees 13 minutes 02 seconds and an arc length of 585.55 feet to a line 80.00 feet westerly of and parallel with the west line of the Northeast Quarter of said • Section 8; thence North 0 degrees 43 minutes 06 seconds West along said parallel line, a distance of 526.27 feet; thence South 88 degrees 15 minutes 40 seconds East parallel with the south line of said north half of Section 8, a distance of 1324.51 feet to the westerly right of way line of County State Aid Highway No. 4; thence North 1 degree 24 minutes 59 seconds West along said County State Aid Highway No. 4 a distance of 946.64 feet to the westerly extension of the centerline of NORTH HILLCREST COURT as laid out and dedicated in the recorded plat of HILLCREST COURTS, Hennepin County, Minnesota; thence North 88 degrees 12 minutes 14 seconds West along said westerly extension, a distance of 1792.05 feet, to the southeasterly right of way of the Chicago, Milwaukee and St. Paul Railroad Company; thence South 61 degrees 26 minutes 00 seconds West along said right of way, a distance of 850.34 feet, to the west line of the Northeast Quarter of the Northwest Quarter of said Section 8; thence South 1 degree 00 minutes 31 seconds East along the west lines of said Northeast Quarter of the Northwest Quarter and said Southeast Quarter of the Northwest Quarter, a distance of 905.77 feet, to the point of beginning. Except those portions of the above property described in Documents No. 1352440 and 4759945. EDEN PRAIRIE HIGH SCHOOL SIGN PLAN CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 29-2001-PUD-19-2001 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE 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 amendment of the zoning of land located at 17185 Valley View Road within the Public Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) Exhibit A Eden Prairie High School Sign Plan Legal Description: That part of the North Half of Section 8,Township 116,Range 22 described as follows: Commencing at the southwest corner of the Southeast Quarter of the Northwest Quarter of said Section 8; thence on an assumed bearing of North 1 degree 00 minutes 31 seconds West along the west line of said Southeast Quarter of the Northwest Quarter, a distance of 654.29 feet to the point of beginning of the land to be described; thence South 53 degrees 53 minutes 02 seconds East, a distance of 184.26 feet; thence along a tangential curve concave to the north having a radius of 560.00 feet a central angle of 54 degrees 00 minutes 00 seconds and an arc length of 527.79 feet; thence easterly along a reverse curve concave to the south having a radius of 1010.00 feet a central angle of 33 degrees 13 minutes 02 seconds and an arc length of 585.55 feet to a line 80.00 feet westerly of and parallel with the west line of the Northeast Quarter of said Section 8;thence North 0 degrees 43 minutes 06 seconds West along said parallel line, a distance of 526.27 feet; thence South 88 degrees 15 minutes 40 seconds East parallel with the south line of said north half of Section 8, a distance of 1324.51 feet to the westerly right of way line of County State Aid Highway No. 4; thence North 1 degree 24 minutes 59 seconds West along said County State Aid Highway No. 4 a distance of 946.64 feet to the westerly extension of the centerline of NORTH HILLCREST COURT as laid out and dedicated in the recorded plat of HILLCREST COURTS, Hennepin County, Minnesota; thence North 88 degrees 12 minutes 14 seconds West along said westerly extension, a distance of 1792.05 feet, to the southeasterly right of way of the Chicago, Milwaukee and St. Paul Railroad Company; thence South 61 degrees 26 minutes 00 seconds West along said right of way, a distance of 850.34 feet, to the west line of the Northeast Quarter of the Northwest Quarter of said Section 8; thence South 1 degree 00 minutes 31 seconds East along the west lines of said Northeast Quarter of the Northwest Quarter and said Southeast Quarter of the Northwest Quarter, a distance of 905.77 feet, to the point of beginning. Except those portions of the above property described in Documents No. 1352440 and 4759945. CITY COUNCIL AGENDA DATE: August 21,2001 SECTION: Reports of Officers SERVICE AREA: ITEM DESCRIPTION: ITEM NO.: Council/ Interim City Manager F A..d Mayor Jean L. Harris r _ !. • Requested Action • Move to: Appoint Carl J. Jullie as the interim City Manager. Synopsis Mayor Harris and Councilmember Nancy Tyra-Lukens, at the direction of the Council, sought out candidates for the interim City Manager position. Three candidates were interviewed. All three candidates possessed excellent qualifications. Mayor Harris and Councilmember Tyra-Lukens recommend that Carl Jullie be appointed the interim City Manager. Mr. Jullie's prior experience as City Manager will be invaluable to the City during this interim period. A proposed contract will be presented to the Council at the meeting. The base salary recommended is $114,000 per anum with a term of up to six months with an option to extend for an additional period of time of up to six months in the event that a permanent City Manager has not been chosen after six months. Mr. Jullie is prepared to take office Wednesday morning, August 22"d • CITE'COUNCIL AGENDA DATE: 08/21/01 SECTION: Report of the City Manager SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Michael Barone Executive Search Firms Management Services r "g Requested Action No action requested. • • Synopsis The list of executive search firms was compiled from information provided by the League of Minnesota Cities and the City of Minnetonka. Background At the August 7, 2001, City Council meeting, the Council requested a list of local and out-of- state executive search firms be provided to begin the search for a new City Manager. Attachments List of Executive Search Firms • • 1 W� r. Executive Search Firms Locally-based 1. Brimeyer Group,Inc. 50 South 9th Avenue,Suite 101 Hopkins,MN 55343-6702 Phone:952.945.0246 Contact Jim Brimeyer 2. Sathe&Associates 5821 Cedar Lake Road St.Louis Park,MN 55416 Phone:952.546.2100 Contact Mark Sathe 3. Personnel Decisions,Inc. 45 S.Seventh Street 2000 Plaza VII Tower Minneapolis,MN 55402 Phone: 612.337.8233 Contact:Harry Brull 4. Public Management Consultants 4544 IDS Center Minneapolis,MN 55402 Phone: 612.349.6440 Contact:Larry Thompson 5. Springsted Inc. 85 Seventh Place East St.Paul,MN 55101-2887 Phone: 651.223.3000 Contact John Moir and Roger Scott Based Outside Minnesota 1. The Mercer Group 5579 B Chamblee Dunwoody Rd.,No.511 Atlanta,GA 30333 Phone:770.551.0403 Contact:Jim Mercer 2. The PAR Group 100 North Waukegan Road,No.200 Lake Bluff,IL 60044 Phone: 847.234.0005 Contact:Paul A.Reaume 3. The Oldani Group,Inc. 188—106th Avenue NE,Suite 420 Bellevue,WA 98004 Phone:425.451.3938 Contact:Jerry Oldani 4. Bennett Associates 45 Pond Street Norwell,MA 02061 Phone:781.659.9950 Contact Richard Bennett