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HomeMy WebLinkAboutCity Council - 12/18/2001AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 18,2001 7:OO PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Nancy Tyra-Lukens CITY STAFF: City Manager Carl Jullie, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL / CALL THE MEETING TO ORDER 11. PLEDGE OF ALLEGIANCE 111. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 4,2001 B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 4,2001 VI. CONSENT CALENDAR A. CLERK’S LICENSE LIST E. BFI ADDITION by BFI. 2nd Reading for PUD District Review on 24.32 acres, Zoning District Amendment within the 1-2 Zoning District on 22 acres, Rezoning from Rural to 1-2 Park on 2.32 acres, and Site Plan Review on 24.32 acres. Location: 9813 Flying Cloud Drive. (Ordinance for PUD District Review and Zoning District Change and Resolution for Site Plan Review) C. SHADY VIEW ADDITION by First Industrial L.P. 2nd Reading for Planned Unit Development District Review within the 1-2 , Industrial Zoning District, with waivers on 5.14 acres. Location: 7152-7198 Shady Oak Road. (Ordinance for PUD District Review and Zoning District Amendment) D. EDEN PRAIRIE AUTO CENTER by Westbrook Development. 2nd Reading for Planned Unit Development District Review with waivers on 1.05 acres, Zoning District Change fiom Rural to Community Commercial on 1.05 acres, and Site Plan Review on 1.05 acres. Location: West of Aztec Drive and east of T.H. 212. (Ordinance for PUD District Review and Zoning District Change and Resolution for Site Plan Review) CITY COUNCIL AGENDA December 18,2001 Page 2 E. F. G. H. I. J. K. L. M. N. 0. P. Q. ADOPT RESOLUTION APPROVING FINAL PLAT OF LIBERTY PLACE 2ND ADDITION ADOPT RESOLUTION APPROVING FINAL PLAT OF BLUFF COUNTRY TOWNHOMES STH ADDITION ADOPT RESOLUTION APPROVING FINAL PLAT OF BLUFF COUNTRY TOWNHOMES 7TH ADDITION ADOPT RESOLUTION APPROVING FINAL PLAT OF SHADY VIEW ADDITION AWARD CONTRACT FOR EMERGENCY VEHICLE PRE-EMPTION VP) SYSTEMS ON 13 EXISTING TRAFFIC SIGNALS TO 5541 - AWARD CONTRACTS FOR MAINTENANCE AND WATER TREATMENT CHEMICALS FOR 2002, I.C. 02-5552 ADOPT RESOLUTION AUTHORIZING PREPARATION OF A FEASIBILITY REPORT FOR INFRASTRUCTURE IMPROVEMENTS TO STABLE PATH SOUTH OF PIONEER TRAIL, I.C. 02-5554 ADOPT RESOLUTION SUPPORTING THE REVISED PLAN FOR SYSTEM IMPROVEMENTS TO TH 62 AND I-35W COMMONS ROADWAY ADOPT RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1,000,000 IN G.O. BONDS TO FUND THE EDEN PRAIRIE PORTION OF THE JOINT PUBLIC SAFETY TRAINING CENTER ADOPT RESOLUTION REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS, AND MUNICIPAL SERVICES ADOPT RESOLUTION AUTHORIZING DISPOSAL OF TAX-FORFEITED LANDS LISTED ON HENNEPIN COUNTY CONSERVATION/NON- CONSERVATION LIST APPROVE ARCHITECTURAL SERVICES AGREEMENT WITH MACDONALD & MACK ARCHITECTS, LTD., FOR IMPROVEMENTS AT TEFE SMITH-DOUGLAS-MORE HOUSE APPROVE AMENDMENT TO FIREFIGHTERS RELIEF ASSOCIATION BYLAWS TO INCREASES PENSION PAYMENTS FROM $40 TO $44 STARTING JANUARY 1,2002 CITYCOUNCILAGEMlA December 18,2001 Page 3 R ADOPT RESOLUTION AUTHORIZING SECOND AMENDMENT OF PROJECT MANAGEMENT AGREEMENT FOR SUMMIT PLACE SENIOR HOUSING DEVELOPMENT S. ADOPT THE RESOLUTION SETTING THE FIRST REGULAR COUNCIL MEETING OF 2002 ON JANUARY 8,2002, AT 7:OO P.M. VII. PUBLIC HEARINGS / MEETINGS A. EDEN PRAIRIE CITY CENTER FIRE STATION by City of Eden Prairie. Request for Planned Unit Development Concept Amendment on 30 acres, Planned Unit Development District Review within the 1-5 Zoning District with waivers on 30 acres, Zoning District Amendment in the 1-5 Zoning District on 30 acres, and Subdivision of 30 acres into 2 lots. Location: 14800 Scenic Height Road. (Resolution for PUD Concept Amendment and Ordinance for PUD District Review and Zoning Amendment) B. THE WATERTOWER by North American Properties of Minnesota. Request for Guide Plan Change from Regional Commercial to Community Commercial on 5.59 acres, Planned Unit Development Concept Amendment on 5.59 acres, Planned Unit Development District Review with waivers on 5.59 acres, Zoning District Change from C-Reg-Ser to Community Commercial on 5.59 acres, and Site Plan Review on 5.59 acres. Location: Singletree Lane, north of Bachman’s. (Resolution for Guide Plan Change, Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning Change, and Resolution for Site Plan Review) VIII. PAYMENT OF CLAIMS IX. ORDINANCES AND RESOLUTIONS X. PETITIONS, REOUESTS AND COMMUNICATIONS A. MINNESOTA WATER QUALITY PARNTERSHIP REPORT AND REQUEST FOR FUNDING XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HERITAGE PRESERVATION COMMISSION 2001 SUMMARY - LORI PETERSON BENIKE, CHAIR XII. APPOINTMENTS MII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS CITY COUNCIL AGENDA December 18,2001 Page 4 XIV. xv. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR REPORT OF PUBLIC WORKS SERVICES DIRECTOR REPORT OF PUBLIC SAFETY SERVICES DIRECTOR REPORT OF MANAGEMENT SERVICES DIRECTOR Purgatory Creek Recreation Area Park D. E. F. G. H. REPORT OF CITY ATTORNEY OTHER BUSINESS ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, DECEMBER 18,2001 CITY CENTER 5:OO - 6:25 PM, HERITAGE ROOM 11 6~30 - 7:OO PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Nancy Tyra- Lukens CITY STAFF: City Manager Carl Jullie, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Environmental Coordinator Leslie Stoking, Director of Parks and Recreation Services Bob Lambert, Community Development and Financial Services Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room 11 I. CALL MEETING TO ORDER 11. APPROVAL OF AGENDA 111. RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT V. OTHER TOPICS Council Chamber VI. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) VII. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.) VI. ADJOURNMENT VI 74. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOPB’ORUM TUESDAY, DECEMBER 4,2001 CITY CENTER 5:OO - 6:25 PM, HERITAGE ROOM 11 6:30 - 7:OO PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Nancy Tyra- Lukens CITY STAFF: City Manager Carl Jullie, 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, City Attorney Ric Rosow, and Recorder Lorene McWaters I. CALL MEETING TO ORDER - MAYOR JEAN’ HARRIS Mayor Harris called the meeting to order at 5:45 p.m. 11. APPROVAL OF AGENDA 111. CARL NEU WORKSHOP REPORT Mayor Hams suggested going over each section of the Carl Neu Workshop Report, which was received and approved by the Council at the July 10,2001, Council Meeting. Councilmember Case noted that the Council had since discussed and made modifications to the Council Forum beyond those recommended in the report. Parks and Recreation Director Bob Lambert said he had been approached by several Program Board Members with concerns he thought should be addressed. Lambert said the current Boards and Commissions structure has been in place for almost two years, and is in need of review. Under the former system, the Parks, Recreation and Natural Resources Board served as a “sounding board” for a variety of citizen concerns. Under the new system, the Parks and Recreation Citizen Advisory Commission is chartered to advise staff on issues, while the Program Board reports directly to the Council. Lambert said that a review of agenda items for both groups over the past year and a half revealed much redundancy. In September, Chair of the Program Board, Muna Yasiri, asked for a review of how the Program Board was functioning. Lambert said some Program Board members expressed that they felt the Program Board was working more like a “second” Parks Board than anything else. Lambert said that the liaison to the Park and Recreation Citizen Advisory Commission, Tria Manu, and the liaison to the Program Board, Laurie Obiazor, also feel that there is no clear direction on how each group should be functioning. I Ci@ Council Workshop hfinutes December 4,2001 -Page 2 Lambert said that citizen input has dropped to almost zero under the new Board and Commission structure, and that staff is therefore making more decisions without the benefit community input. He said the deer and goose management programs are examples of this. Lambert recommended that the Council to go back to a system that allows citizens to be more closely involved - “a government of the people.” He recommends combining the Program Board and Parks and Recreation Citizen Advisory Commission to form a nine- member Parks, Recreation and Natural Resources Board. He further recommended requiring only development proposals that directly impact parks land use be reviewed by the Parks Board. Coukilmember Tyra-Lukens agreed that the current structure is not working well. She is concerned that if the Program Board is eliminated, there will not be an “all- encompassing” board doing what the Program Board was intended to do. Lambert said he considers oversight of the Boards and Commissions to be the Council’s job. He also said that once the City’s Water Management Taskforce has completed its plan, there is no immediate need for a separate Environmental Commission. He pointed out that the Environmental Education Citizen Advisory Commission has not been active for the past two years due to lack of applicants from the community. Councilmember Butcher said she recalled the Program Board being formed as an “umbrella” organization that could help with dissemination of information to and from all of the boards and commissions. Lambert said the Program Board was not qualified to do this in the first place, and that coordination of communication is more a staff function. He said it has become clear that some of the Program Board members have been not well informed about the issues before them. Butcher said she had heard from some Program Board members that they would haye liked more extensive training. Lambert also said he believes the Parks and Recreation Citizen Advisory Commission could oversee arts issues, particularly since the Arts and Culture Commission also has been inactive for the past two years due to lack of applicants. Case said that although he voted for the change in Boards and Commissions structure two years ago, he remembers questioning the idea and was concerned at the time that the changes were “going to gut the life out of some of these groups.” He said that when they couldn’t fill all the Commissions (Environmental Education and Arts and Culture) two years ago, that should have signaled a problem with the structure. However, Case said that instead of abolishing the Arts and Culture Commission, he would like to open the Commission up to the application process one more time to see if some of the individuals who were active prior to reorganization might be willing to come back. Tyra-Lukens suggested that all Commissions once again report directly to the Council. Case said he too would like to hear directly from the Commissions. Councilmember Mosman agreed that the current Board and Commission structure of “layers on layers” is confusing to the community. She suggested using taskforces to address specific issues that don’t fall under the auspices of an existing Commission or Board. 2 City Council Wor&hop hfinutes Decembei-4* 2001 - Page3 V. VI. VII. Lambert noted that the application and interview process for appointing new Commission members begins in less than a month, so the Council will need to make some decisions by the next Council Meeting (December 18). Tyra-Lukens said she didn’t feel rushed to formalize any changes, and that it is more important to get people who are willing to serve. She also asked if City Attorney Ric Rosow could begin drafting an Ordinance change. Case said he would like to go forward with the proposed changes. OTHER TOPICS OPEN FORUM Laura Neuman said she was commenting on the Memorandum of Understanding signed by the City and Metropolitan Airports Commission as an individual and not as a member of any organization. She said she did not understand why the City was willing to enter into this agreement. She said the major prohibition in the agreement - to Stage 2 Jetcraft -would not “really change anything.” She said MAC’S own surveys show that prohibiting Stage 2 Jetcraft will not make the noise go away and will not address emission issues. She asked why the City was not pressing for an agreement from MAC not to extend the runway again in the future. She also said the agreement does not contain enough provisions on night-time maintenance runups. She said the agreement allows for Eden Prairie to obtain additional information on environmental issues, but prohibits the City from publicly opposing expansion. Neuman said the City should demand additional information from MAC on air emissions. She criticized the way in which MAC provides information on noise, and said it should include single incident and other information. She said the City Council should make Eden Prairie residents aware of the details of the Memorandum of Agreement and allow residents access to all available information. OPEN PODIUM Charlyn Nichols, resident of Hillside Drive in Eden Prairie, said she is being “constantly being plagued by a party house of 20-somethings” in her neighborhood. There are usually five or more cars in the driveway and she has endured verbal abuse from the residents and their guests. She has called police several times this year to report fights, broken beer bottles, and excessive noise. She said three Eden Prairie detectives to whom she has spoken indicated they cannot charge the perpetrators of these incidents since the police have not actually witnessed the violations. Since 1998, there have been 15 incident reports filed for the residence. Nichols asked the City Council to consider attaching monetary fines to the types of incidents reported at the house. She said Ordinances should be changed to limit the number of people in a house to one unmarried adult per bedroom and prohibit drinking alcohol within sight.of the street. Councilmember Case offered his sympathies and suggested the possibility of scheduling a workshop on the topic of “party houses.” Council also directed Police Chief James Clark to look into the situation and report back with recommendations. Vicki Pellar-Price, Eden Prairie resident and member of Zero Expansion, thanked the Council for the difficult job they have taken on. 3 City Council Workshop Minutes December 4,2001 - Page4 Gary Demee, 18-year resident of Eden Prairie and Zero Expansion member, thanked the Council for their work on the Flying Cloud Airport negotiations. He said he was still concerned with the prospect of an increase in commercial leasing resulting in even higher traffic volumes at Flying Cloud mort than anticipated. VI. ADJOURNMENT Mayor Harris adjourned the meeting at 7:OO p.m. 4 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 4,2001 7:OO PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Nancy Tyra-Lukens CITY STAFF: City Manager Carl Jullie, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. 11. 111. IV. V. ROLL CALL / CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:04 p.m. PLEDGE OF ALLEGIANCE COUNCIL FORUM INVITATION Council Forum will be held the first and third Tuesday of the month fiom 6:30 to 7:OO p.m. in the Council Chamber. Please note that this portion of the meeting is off-camera. The Council Forum will consist of two parts: scheduled and unscheduled appearances. 6:30 to 6:50 p.m. is reserved for scheduled participants. If you wish to schedule time to visit with the City Council and Service Area Directors, please notify the City Manager’s office by noon of the meeting date with your request. The last 10 minutes of the Forum, fiom 6:50 to 7:OO p.m., is set aside for impromptu, unscheduled appearances by individuals or organizations that wish to speak to the Council. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Butcher added Item XIII.A.l. Metropolitan Council’s New Growth Plan for the Seven County Metro Region, and Item XIII.A.2. Homeland Security in Eden Prairie Disaster Preparedness. Mayor Harris added an addendum to Item I. under VI. Consent Calendar. Jullie added XIII.D.l. Redesign of the City’s Web Site. Mayor Harris moved Item X.A. ahead of Item VII. MOTION: Butcher moved, seconded by Mosman, to approve the agenda as published and amended. Motion carried 5-0. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 20,2001 Mosman made a correction on page 11, paragraph 5, the second sentence, which should read “ . . . amount of negative feedback she received fiom individuals.” cITYcouNcILMINuTEs December 4,2001 Page 2 Rosow made a correction on page 15, paragraph four. The last sentence should be deleted and replaced with the following. “The relationship between the two entities has been strained in the past, and through discussions they are trylng to overcome those obstacles as well as deal with Ordinance 51.” MOTION: Case moved, seconded by Butcher, to approve the minutes of the City Council Meeting held Tuesday, November 20, 2001, as published and amended. Motion carried 5-0. VI. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. ADOPT RESOLUTION NO. 2001-178 APPROVING FINAL PLAT OF GRAY FOX BLUFF C. ADOPT RESOLUTION NO. 2001-179 APPROVING FINAL PLAT OF BLUFFS EAST 17TH ADDITION D. ADOPT RESOLUTION NO. 2001-180 AUTHORIZING ISSUANCE AND SALE OF UP TO $890,000 GENERAL OBLIGATION EOUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2002 FOR THE PURCHASE OF PUBLIC SAFETY VEHICLES E. AWARD BID FOR MID-MOUNT AERI~ PLATFORM TRUCK TO E- ONE MANUFACTURING F. AUTHORIZE PURCHASE OF A MOBILE COMMUNICATIONS COMMAND POST FROM LYNCH DIVERSIFIED VEHICLES G. ADOPT RESOLUTION NO. 2001-181 GRANTING 24-MONTH EXTENSION TO DEVELOPER’S AGREEMENT BETWEEN POST CONSTRUCTION COMPANY AND THE CITY OF EDEN PRAIRIE FOR PROPERTY AT 12420 SUNNYBROOK ROAD H. APPROVE DEVELOPER’S AGREEMENT FOR GRAY FOX BLUFF I. APPROVE PURCHASE AGREEMENT FOR APPROXIMATELY 28.625 ACRES REFERRED TO AS TRACK A OF BIRCH ISLAND WOODS FOR $600,000 TO BE PAID OVER FIVE YEARS J. ADOPT RESOLUTION NO. 2001-182 AUTHORIZING CALL OF CERTAIN OUTSTANDING GENERAL OBLIGATION WATER AM) SEWER REVENUE BONDS SERIES 1991C AND 1991F a cITYcouNcILMINuTEs December 4,2001 Page 3 K. APPROVE AMENDRIENT TO PROFESSIONAL SERVICES AGREEMENT WITH SEH, INC., FOR LAYOUT DEVELOPMENT AND PRELIMINARY DESIGN OF THE TH 212NALLEY VIEW ROAD INTERCHANGE AREA IMPROVEMENTS L. ADOPT RESOLUTION NO. 2001-183 GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF TAX-EXEMPT BONDS AND AUTHORIZING APPLICATION FOR ALLOCATION OF BONDING AUTHORITY M. AWARD BID TO METRO FIRE FOR FIRE DEPARTMENT SCBA EOUIPMENT Mayor Harris referenced Item I, and invited Jeff Strate, the organizer of Friends of Birch Island Woods, to speak. Jeff Strate, 15021 Summerhill Drive, said people from Minnetonka, Hopkins and Eden Prairie came to the meeting to thank City stafc particularly Bob Lambert, for working with them over the past two-and-a-half years to save this lovely part of Eden Prairie for recreational and human services. He also thanked Councilmembers Ron Case and Jan Mosman, as well as Mayor Hawis, for their help in bringing about this purchase. It will become an area that preserves the City’s natural and historic heritage. Without the City’s support this might not have happened. He promised to work with the City to raise money from the private sector to develop Birch Island Woods and other park areas. The Sierra Club plans to explore legislation to make it easier for cities and counties to trade land when it serves a public purpose. MOTION: Tyra-Lukens moved, seconded by Case, to approve Items A-M on the Consent Calendar. Motion carried 5-0. X. PETITIONS, REQUESTS AND COMMUNICATIONS A. MEMORANDUM OF UNDERSTANDING CONCERNING FLYING CLOUD AIRPORT Rosow said the Memorandum of Understanding (MOW was being presented to the Council for approval. Ordinance 51 was adopted in 1978. In 1988 the Council went on record in opposition to the expansion of the airport, and in 1999 considerable discussions resulted in proposed amendments to Ordinance 5 1 that the Flying Cloud Citizens Advisory Commission had put together and took to Washington to seek approval of the amendments from the FAA. In September and October 2000 and January 2001, the FAA responded to those proposed amendments. The agency told MAC to submit a plan for repeal of Ordinance 51 or it would suffer loss of funding from the federal government. Eleven months ago, the Council determined to hold a public meeting to get input fiom citizens in opposition to expansion and solicit suggestions. One strong suggestion was the need to hire special legal counsel with expertise in airport law and development, in order to inform the City of its rights and power in this situation. 3 cITYcouNcILMINuTEs December 4,2001 Page 4 The Council, at a public meeting on February 10, 2001, undertook a review of appropriate firms and in March hired the Aiken-Gump law firm, represented by Peter Kirsch and Dan Reimer. After being directed by the Council to detail out what the City could do to prevent airport expansion, Peter Kirsch made a public presentation to the Council in May. He outlined five important points: (1) the City’s authority is extremely limited; (2) federal law controls air space and aircraft; (3) the airport owner controls development; (4) operational restrictions are regulated extensively by the FAA and (5) legal system favors airport development. In August, Peter Kirsch presented a briefing book and an action plan. Part of the action plan set the policy that was subsequently adopted by the City. As part of the policy, the Council determined: (1) decisions concerning the airport must not change the fundamental character of the airport; (2) adequate protections from an increase in noise exposure must be provided; (3) only expansion that is justified by compelling need and containing adequate mitigation will be acceptable. MAC had not at that time shown compelling need. (4) Current operations at the airport impose impacts on the community that must be mitigated; (5) the airport must not be a economic drain on the community; (6) the airport must compensate the City for lost revenue. The MOU basically addresses Ordinance 51. The City and MAC will continue discussing other issues, such .as payment for providing sewer and water services to the airport. The Council determined that the only acceptable solution is a comprehensive one. The MOU is not the comprehensive solution. However, MAC and the City are still committed to address a variety of issues and continue discussions. Dan Reimer reviewed the key features of the Memorandum of Understanding (MOU) and identify the key issues that lie ahead. Commissioner Houle made a presentation to MAC’S Planning and Environmental Committee, and said the MOU is only a first step but an extremely important one. Ordinance No. 51, as it is currently written, provides that jet aircraft that weigh more than 20,000 pounds are prohibited from flying into and out of the airport. The environmental document for the proposed expansion is still open for comment. In September, after the public hearing, letters showed the City and MAC shared a common interest in participating in meetings. Mayor Harris and Councilmember Case met twice with their counterparts at MAC, Coral Houle and Dan Fortier. They agreed that Ordinance 51 was a critical issue and must be a priority in any discussions. The group of four asked staff to meet and explore amendments to Ordinance 51. Staff met at least once a week over the last six weeks, in cordial discussions with key staff members. The MOU contains signatures of the four participants and the recommendation of the four signatories. It does not constitute a binding agreement between the City and MAC. However, it is contemplated that a binding document will be drawn up in the fbture. The role of the FAA is not to review and approve the MOU or a cITYcomclL~s December 4,2001 Page 5 final agreement, or specific restrictions or commitments. All commitments and restrictions can be executed unilaterally by MAC. However, the FAA can make the determination that an action taken by an airport proprietor constitutes a violation of federal law or a violation of grant agreements that the airport’s proprietor maintains with the federal government. If so, the FAA and can terminate an airport proprietor’s eligibility for federal grant funding for the airport. As a result of that important role, the FAA is a necessary part of any final agreement. The MOU will be delivered to the FAA by the City and MAC in order to receive their concurrence and consent to the terms of the MOU and the final agreement. The MOU sets out specific commitments and restrictions and a method to obtain them. The following are amendments to Ordinance 51 MAC intends to make as part of a fmal agreement. (1) Restriction of Stage 2 aircraft, which is the noisiest aircraft. (2) MAC will ban aircraft that weighs more than 60,000 pounds. That is the maximum weight-bearing capacity of runways at Flying Cloud airport. (3) MAC will ban maintenance run-ups between 1O:OO p.m. and 7:OO a.m. unless it materially affects the plane’s departure time. (4) A schedule of sanctions will be created as part of the Ordinance delineating the progressive penalties to be assessed for Ordinance violations. Other commitments set out in the MOU are the following. (1) MAC would agree to not apply for certification to provide facilities for air carrier operations. (2) MAC will implement a program of voluntary restraints on aircraft operations between 1O:OO p.m. and 6:OO a.m., and will work to reduce noise of departures between 6:OO a.m. and 7:OO a.m. (3) MAC agreed that major air cargo operations would not be able to use the airport. (4) MAC will make commitments on sound insulation in the final agreement. Eden Prairie’s commitments are the following. (1) The City will support the proposed amendments to Ordinance 51. (2) The City will not challenge the proposed airport expansion project. (3) The City will retain the right to ask for additional disclosure. (4) The City will promote compatible land use within areas surrounding the airport. Reimer said the restrictions would have a beneficial effect now because they will prohibit the noisiest jets from operating at the airport and the heaviest jets. They will reduce nighttime noise, both by a curfew on maintenance run-ups and early morning departures. This package of restrictions will protect against further expansion and associated increase in noise. They provide some protection from further degradation in the noise surrounding the airport. They will help to assure the airport will retain the same fundamental character it has now. It is also important to understand these restrictions will be added to the protections that exist today prohibiting runway extension beyond the limits of 5,000 feet identified in their environzqental document. A key benefit in the MOU is a clear process to implement restrictions and to address challenges that may come up in the future. The MOU makes it clear that the City will be able to go to court to demand that MAC live up to the commitments it is making. cITYcouNmMINuTEs December 4,2001 Page 6 Reimer said MAC’S Planning and Environmental committee unanimously voted in favor of the MOU at a meeting earlier that day. The Council was being asked for its approval that night. After the City approves the document, the MOU will be delivered to the FAA for their consent and concurrence. If that is received, the MOU will be turned into a final agreement. Then MAC will amend Ordinance 5 1, undertake a noise study, begin contacting users about restrictions, and start the process of enforcing the restrictions and commitments. Reimer said there are some obstacles ahead. (1) FAA concurrence is critical. (2) Final agreement may not be possible because of an inability to reach closure on items identified in the MOU. The final document may look somewhat different fi-om the MOU. (3) Continuing risk of challenge from the FAA and airport users, who may oppose use restrictions. (4) Stage 2 ban will be difficult to implement. (5) The restrictions are subject to challenge at any time. Case said he has been involved in the airport expansion issue for a long time. He itemized some assumptions. (1) He believed one of the best actions the Council took was to hire Peter Kirsch and Dan Reimer, and that the Council was getting the best legal advice available. (2) In studying the City’s case, legal counsel led the City to believe it was unlikely it would be successful if it carried out an expensive and lengthy legal challenge. (3) He believed an unextended runway without restrictions was worse than an extended runway where the City could obtain restrictions and limitations. MAC was serious about its commitment to address issues the City most believed in, such as maintaining the character of the airport, obtaining meaningful noise restrictions and, most important, enforceability. He believed the negotiations would improve the quality of life in the community over what it could have been if the City had not gone through this and achieved these results. This will guard against Flying Cloud becoming a full- fledged airport. This is the best the City could have achieved. Case said because of where he lives, he is in a good situation to speak up for many people who live in close proximity to airport noise. Case said he felt confident he could inform the citizens he represents that he can live with this settlement. Tyra-Lukens thanked Mayor Harris, Councilmember Case, Ric Rosow, Carl Jullie and Scott Kipp for putting so much time into this and taking the time to get up to date on all the issues involved. Mosman said she would like to have reassurance fiom Dan Reimer and Ric Rosow that they believed the City has done the best it can legally do with the limitations the City had. Flying Cloud has some different restrictions on it that other airports don’t have and the City is concerned about what it can do to protect the public. She asked if there is anything else regarding toxic emissions, structures, runway lights, and residents desiring additional information that should be included in the continued study. cITYcouNcILMINuTEs December 4,2001 Page 7 Reimer responded that in the course of their lengthy discussions they did discuss all the issues Mosman mentioned. The product of their discussions is in the MOU. The City is not foreclosed fi-om submitting comments on the environmental documentation in order to protect citizens. With regard to whether or not the MOU is the best agreement the City could get, Reimer said he would let the Council decide if it is in the best interests of the City. The legal counsel was given policy direction fi-om the Council, and the MOU is a significant step to achieve protections that will carry out the policy directions they received from the Council. Rosow said these were very lengthy and difficult discussions, although always cordial and extremely professional. It was the right decision to stay at the table and continue to negotiate the terms of the MOU. It would have been difficult to get substantially greater protections than there is in the MOU. If they had tried to stay at the table another month or more, staff at MAC would have stopped discussions and gone ahead with their project without any agreement. This MOU meets the goals the City set out. Rosow explained that it is a myth that MAC committed to vigorously defend Ordinance 51. This is not true. An Ad Hoc Committee presented to the MAC recommendations on Ordinance 51 and one was that MAC vigorously defend Ordinance 51. There was no action taken by MAC on that recommendation. Enforceability of Ordinance 5 1 is not supported in the record of MAC’S meetings. The City is not prohibited by the agreement from sharing any information with the public that is public information under the Data Practices Act. They have looked at the noise contours and of taking Stage 2 aircraft out of the mix. Even though there are not many in the fleet, they have a large impact on the numbers of homes impacted, and therefore numbers of people, because of the noise they create. Regarding enforceability, the City will not sign an agreement that is not enforceable. The City can go to court and get a judge to order MAC to carry out the commitments in the agreement. The City and MAC will go to the FAA as partners and tell them this is a good document. The Stage 2 ban is likely to draw close scrutiny. If the FAA rejects the study, MAC said they would go back and do another study based on those concerns. If it is accepted by the FAA, MAC has pledged to go ahead. MAC is def~tely interested in reaching an accord with the City and they want to be good neighbors. Their mission is to run an airport, but they want to do it in a way that meets the City’s needs as well. MOTION: Butcher moved, seconded by Case, to receive and support the terms of the Memorandum of Understanding dated November 29, 2001, concerning Flying Cloud Airport and MAC Ordinance 51; and direct staff to proceed in accordance with said Memorandum of Understanding. Motion carried 5-0. mcoUN(71LMINuTEs December 4,2001 Page 8 W. PUBLIC HEARINGS / MEETINGS A. 2002 PROPOSED BUDGET AND TAX LEVY (RESOLUTION NO. 2001-184) Jullie said official notice of this public hearing was published in the November 29,2001, Eden Prairie News. Uram said there have been prior five meetings to discuss the 2002-2003 biennial budget, the Capital Improvement Program (CIP) for 2002-2007, and the Enterprise Funds. He gave a power-point presentation outlining each one. Uram explained that the tax bill passed by the State Legislature in 2001 was one of the most significant tax bills in the history of the Legislature. It lowered tax capacity but allowed a higher tax rate. Caps on levy limits were increased. HACA, which is essentially state aid, was eliminated and means a transfer to the local levy. The State takeover of general education funding resulted in a reduction of overall taxes. The tax capacity drops significantly in 2002. In 2001, the tax capacity was $85,185,647 versus the tax rate of 24.099 percent. The tax capacity in 2002 is $63,727,231, versus a tax rate of 37.53 percent. The City is proposing a 25.3 percent tax rate, and a levy limit of $2.7 million. The State determined an overall levy limit for Eden Prairie of $22,753,367. The inflation rate over the last five years is 7.6 percent. In order to maintain the level of services, growth needs to be taken into consideration. The City had approximately a nine-percent increase in households over the last two years. The market value of new commercial construction was 1.35 percent. Elimination of HACA results in transfer to the local levy and is included in the levy limit calculation. In 2001, the amount received fiom HACA was $690,295. With regard to the property tax levy, one of the items to be considered is the impact on the median-value home. For 2002, the median-value home is $230,600. For all taxing jurisdictions, the net tax on the median-value home is expected to decrease fiom $3,686 to $2,816, or 23.89 percent. The City’s portion of the tax is expected to increase fiom $75 1 to $836, or 11.3 percent. For every one-percent change in the City’s portion of the tax on the median-value home, the budget is impacted by about $215,000. The net tax on the median-value home is only impacted by $7. Total property taxes: Residential (based on median-value home) $2,8 16, a decrease of 23.6% Apartments, a decrease of 19.4% Commercial, a decrease of 9% CITYcoUNclLMLNllTEs December 4,2001 Page 9 Property tax distribution on a median-value home. County received 39%, Eden Prairie 29.7%, school district 22.8%, and other taxing jurisdictions 8.5% City property taxes: Residential (on median value home) - 1 1.3% increase Apartments - 30% increase Commercial - 4.5% decrease Sources of General Fund Revenues for 2002: Property Taxes $24,543,000 12.7% increase over 2001 LicensesPermit fees 2,600,000 7% decrease Intergovernment Revenue 808,000 6% increase Charges for Services 2,176,000 6% increase Operating Transfer in 70,000 87% decrease Other Revenue 1,033,000 2% increase Operating budget in 2001 included $450,000 transferred to the General Fund from the Liquor Enterprise Fund. The Council made a determination to put this money directly into the CIP, and not pass through the General Fund. This relates to why taxes increase in 2002 is higher than in the past. That decision adds approximately 3.5 to 4 percent onto the tax levy. General Fund Expenditures for 2002: There was no significant increase or decrease. An increase in funding for legal services accounts for the 22% increase in the expenditures under the City Manager. The total General Fund Expenditures for 2002 are expected to be $31,230,000, or an increase of 8% Debt Service: The City will be issuing debt for a new fire truck and, at the next City Council meeting the Council will be asked to issue general obligation bonds to fund the City’s portion of the joint public safety training facility. Capital Improvement Program: 2002-2007 $23,903,895 Beyond 2007 4,145,000 $28,048,895 CIP sources: Revolving Fund. $700,000 annually transferred from the Liquor Enterprise Fund. General Fund. Park Improvement Fund (consists of cash park fees). Bonding Bonding: Lease Revenue and General Obligation $500,000 annually transferred to the CIP. The 2002-2007 CIP funds all CIP projects through 2007. It provides $3.15 million for “A” priority transportation projects, fimds $2.5 million in capital expenditures for 2008-2012, requires new debt for a joint public safety training facility and replacement vehicles. cITYcouNcILMINuTEs December 4,2001 Page 10 Project Summary: $7.6 million of revenue goes to Parks and Recreation; $1.2 million to Technology; $4 million for Public Safety; $7 million for Public Works; $1.5 million for Historical Properties; $2.5 million for facilities and other. Funding Sources: $14 million CIP; $3 million debt service; $5 million Parks and Recreation; $1 MCA construction fund; $86,000 other. There are a number of unfunded projects, totaling $30 million to $41 million. Transportation: Golden Triangle Area - $3 million to $9 million Unfunded transportation projects - $10 million Southwest area fire station - $2 million Parks and Recreation: Water ParWCommunity Center - $4 million Third Sheet of Ice - $3 to $4 million Youth Athletic Fields - $1 to $4 million Purgatory Creek Recreation Area Entry - $3 million Golf Course - $4 to $5 million Utility Fund Budget No rate increases are planned for 2002. Operating Revenue - $7,634,000 or 0% change Expenditures - 6,877,000 or 3% increase Liquor Fund Budget The goal for 2002 is for sales of $8,378,000 or 10% increase Tyra-Lukens asked what impact transferring liquor profits directly into the CIP rather than going through the General Fund would have on the overall revenues. Uram replied the impact would be about 3.7 percent. The way it was done previously, the money would have gone into the General Fund. The 3.7 percent has to be made up through property taxes. Dietz said by levying to the limit, the City generates about $500,000 toward finding the CIP for next ‘year. When added to the transfer of $700,000 fiom the liquor enterprise find, that is almost $6 million over the seven years of the CIP. One example is improvements to the interchange at 1-494 and T.H. 169. The layout plan will allow local access to the Major Center Area. However, out of that plan comes the need to widen Valley View Road and Prairie Center Drive to four lanes. The cost of those improvements is not in the CIP at this time. MnDOT will probably implement the improvements in the next five years. There are always going to be capital projects that come along, and if the City has the money to invest in infi-astructure, the citizens have said the transportation system needs to be improved. Eden Prairie is young, but as it ages the cost to maintain the system will increase. cITYcouNclLMINuTEs December 4,2001 Page 11 Lambert explained there are two parcels of land the Council should consider purchasing. One is a parcel in Birch Island Woods owned by Hennepin County. The City has just purchased Parcel A. Parcel B adjoins Indian Chief Road. The City had both parcels appraised and Parcel B was appraised at $380,000 because it is guided for industrial. It could be purchased through a contract for deed with the County, as was Parcel A. It would not be used for park purposes, however. It should be purchased if the City is interested in having control over how that parcel is developed in the future. The asphalt plant located next to it and the owners would likely purchase Parcel B if the City does not. The County is expecting a prompt decision by the City, as the County will want to subdivide this parcel and put it up for sale. It would probably be purchased immediately. The second parcel of land is along Venture Lane, which is now a frontage road along Highway 5/212. It is owned by the state and will be put up for sale if the City is not interested. It is close to a piece of property the City acquired through tax forfeiture, which the City would like to develop. Lambert urged the Council to approve buying it to provide access from the east to the City-owned property. The asking price is $500,000 for 2.87 acres. Lambert recommended letting this parcel go on the market, and purchase Parcel A of Birch Island Woods. Mosman asked how the City would gain access to the City-owned property if that property is sold to someone else. Lambert said the only way would be to negotiate with whomever acquires that property to have access from it. A parking lot would probably face the road, and the City could ask to extend an access road from the owner’s parking lot into the City site. Tyra-Lukens said she understood Parcel B in Birch Island Woods would be purchased so that the City could have control over it. If it is not developed as park property, she asked if the City could sell to a private party in the future. Lambert replied that is correct, but the City would specifically want to have a separate purchase agreement for this parcel. It would be sold for redevelopment and the City would get its investment back in the future when it is sold. Butcher said the City has established a precedent for making that type of purchase. Case said he believed the hill on the property could be preserved and that would help to control the appearance from the park. Lambert said they could try to keep a natural corridor between the two properties. Tyra-Lukens asked if the City would be precluded from making any zoning changes that would increase its value. Uram replied the City would have to keep it zoned industrial. Rosow said the City could rezone it. The more difficult question is whether or not they should. In the past the City has held property for development within a development district. If the City is not specifically buying it for municipal cITYcouNclLMINuTEs December 4,2001 Page 12 purposes, it is necessary to make sure the City ,as structure in place to legally purchase the property for resale. MOTION: Case moved, seconded by Butcher, to instruct staff to pursue the purchase of Parcel B of Birch Island Woods, under advisement of counsel. Discussion followed. Tyra-Lukens reminded them that this is a set-up for future Councils. If the property does not sell for redevelopment in the near hture this Council has to recognize the fact it will be lobbied hard in the future to keep that property. Mayor Harris added that might happen just by this parcel’s proximity to the Birch Island property. Case stated the City carries a certain surplus each year and wondered if it shouldn’t dip into that rather than tax to the levy limit. Tyra-Lukens said if the Council regards this purchase as an investment, why not use money invested elsewhere to acquire the property. Uram replied the City purchased property on Singletree Lane in 1992 or 1993 and hopes to sell it next year. There is an ongoing business on this property that will be profitable. In the case of the business next to Parcel B, Midwest Asphalt could be in place for the next 20 years, so the timing for selling it may be 20 years out. Tyra-Lukens inquired if the parcel could be developed without this piece. Lambert replied because of the configuration of it and with Midwest Asphalt next to it, a setback would be required. Midwest will buy this parcel and will encroach out to the road and will be an eyesore. The City wants to have a buffer for development of the property in the future. Case recommended purchasing Parcel B and putting conservation easements on it so when developed some day it would be there. Mayor Harris said she believed the City should purchase the property, and asked what the others wanted to do. Case said he agreed the City should purchase it, but questioned the way it should be funded. If the City purchased it for $380,000, over 5-years7 that would be $70,000 per year, plus interest. He would prefer that to taxing now for the total amount. The City would get the money back when the property is sold. Uram said the budget being presented at that time is at the levy limit cap. That includes $1 million transfer to the CIP. He suggested the City use $500,000 fkom that for the purchase. It is important to levy $500,000 from the CP, but he didn’t expect to have the additional $500,000 every year. cITYcouNcIL~s December 4,200 1 Page 13 Butcher said it wou i be a good investment because there will be further emphasis in the future on development. Case said he was depending on staff to say it is important to purchase this land to preserve the options in the future, because there is a long list of things the money could be used for. He agreed this is important and he would vote for it. Butcher said this is an investment and the City will be able to sell it later. It is important to identify what the City’s needs and wants are and follow what truly is in the CP. Uram said the public hearing on the budget relates specifically to the budget and levy. In the early 199Os, the City went though an economic downturn and didn’t have the guarantees for the future that there is now. Hard decisions have been made to determine what needs to be done with the money available from an operations standpoint. The state has said it will face a significant deficit in the budget. The City needs to ensure its future so it doesn’t have to go back to the taxpayers and say it needs $10 million to repair buildings, roads, etc. This change to the budget would be part of that. Motion carried 5-0. Mosman said she understood that $215,000 in the City’s budget equates to $7 to the owner of a median-value home. Uram said that is correct. Every year they try to determine what a one-percent increase means to the median-value home, which is $230,600. Every one-percent increase means $7 to the homeowner and $215,000 to the City’s budget. Mosman said that makes raising the money palatable. Mayor Harris asked if anyone wished to address the Council on the 2002-2003 budget. No one did. MOTION: Tyra-Lukens moved, seconded by Mosman, to close the public hearing and adopt Resolution No. 2001-184 certifying the 2002 Property Tax levy to be $24,527,284; and approve the 2002 Budget of $3 1,230,43 1. Case said he had a problem with the concept that the City is simply taxing to the maximum possible. Any time the Council decides how much to tax there is never enough money to meet everyone’s needs and wants, so they have to ask what is the appropriate amount to raise taxes. However, he knew there are projects the City would like to do, so he believed they need to have a referendum for those projects. With the economic environment in the late 199Os, the City was raising taxes at the six-percent level to make up for loss of revenues from the early 199Os, when the City was raising taxes only one or two percent. Uram was asked what other cities are doing. He said all cities are raising money to replace HACA. CITYcomCILMINuTEs December 4,2001 Page 14 Case said there are LAgs we decide to do, such as iring legal counsel to fight Flying Cloud Airport expansion. He calculated a 10-percent increase in the property tax levy for the City’s portion of the tax bill. To fund the CIP requires $1.2 million a year, $500,000 of which is programmed, but $530,000 is not. To raise that amount, they are proposing to levy the maximum amount it can. He said that made him uncomfortable. Perhaps they could forego $500,000 and go back to the taxpayers for a referendum to fund those projects. The City is only proposing a 12.9-percent levy increase, rather than 10 percent, because it can. Mayor Harris said just because the City levies it does not mean it will necessarily be spent. It is good to have it there and it has potential for the City to use it. Butcher said if we don’t do it the City will have a predicament in the future to be able to do things that are basically essential. The State hasn’t put enough money aside for transportation funding, for example. The extra money the City gets can be put in a savings account to em interest. This year, when our property taxes decreased because of the shift in Eunding, it would be a good way to raise money for the City. Case said he agreed with that but his discomfort is how much to raise it. Moving $700,000 fiom the Liquor Fund over to the CIP, and then program $500,000 of it and then levy another $500,000 just to spend did not seem right to him. Mosman said philosophically a lot of people would agree. The school referendum being turned down indicates people are concerned about spending taxpayers’ money. She wondered if the City is getting carried away. Tyra-Lukens said people are concerned about how money is spent but also after looking at years of capital improvement needs, these are hard and fast needs. The purchase of Birch Island Woods makes clear the Council is looking at more creative ways to make the kind of community it wants. That is an example of the kind of stewardship it is implementing. Case said there is a disconnect being made by citizens in the survey conducted early this year, between wanting lower taxes and presenting a list of things they want done. The number one most desired amenity was a golf course, but the number one direction was to lower taxes, so that is the disconnect. Butcher said that is the leadership part of being on a Council. We have talked about what the City’s needs are. It may be hard to take 12 percent now, but it will be positioning the City for future purchases. Motion carried 4-1, with Case voting nay. B. AMENDED REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 5 AND AMENDED PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 13 (RESOLUTION NO. 2001-185) CITYCOUNCIL~S December 4,2001 Page 15 Mayor Harris convened a meeting of the Housing and Redevelopment Authority (HRA) at 9:05 p.m. and opened the joint public hearing of the City Council and HRA. Jullie said official notice of this public hearing was published in the November 22,2001 Eden Prairie News. The purpose of the joint public hearing is to clarify the estimated public improvement costs with respect to Tax Increment Financing District No. 13 (Eden Prairie Center) by amending and modifying the Plan. Staff has worked with bond counsel, the City attorney and financial advisor to develop the appropriate documentation to affect that change. Staff recommended approval of those changes. Mayor Harris asked if anyone present wished to speak to this issue. No one did. MOTION: Mosman moved, seconded by Tyra-Lukens, to close the joint public hearing of the HRA and City Council. Motion carried 5-0. HRA MOTION: Mosman moved, seconded by Butcher, to adopt HRA Resolution 2001-03 relating to the amendment and modification of the Redevelopment Plan for Redevelopment Project No. 5 including Tax Increment Financing Plan for Tax Increment Financing District No. 13. Motion carried 5-0. COUNCIL MOTION: Mosman moved, seconded by Case, to adopt Resolution No. 2001-185 relating to the amendment and modification of the redevelopment plan for Redevelopment Project No. 5 including Tax Increment Financing Plan for Tax Increment Financing District No. 13. Motion carried 5-0. MOTION: Mosman moved, seconded by Butcher, to adjourn the HRA. Motion carried 5-0. The HRA adjourned at 9: 10 p.m. VIII. IX. XI. XII. xm. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Tyra-Lukens, to approve Payment of Claims. The motion was approved on a roll call vote, with Butcher, Case, Mosman, Tyra-Lukens and Harris voting “aye.” ORDINANCES AND RESOLUTIONS REPORTS OF ADVISORY BOARDS & COMMISSIONS APPOINTMENTS REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Metropolitan Council’s New Growth Plan for Seven-County Metro Region, Blueprint 2030 - Councilmember Butcher CITYcomCILMINzTTEs December 4,2001 Page 16 2. Butcher reported the new plan will be very Merent from the former plan, which had an agricultural ring around the metro area. One difference is less emphasis on the MUSA Line and more emphasis on protecting quality resources as cities grow within the seven-county area. The plan encourages better integration of land use with transportation, protection of natural resources, and housing. There is more emphasis on redevelopment and in-fill. The new model is based on the “smart growth” initiative. Each city will be asked to locate its natural and cultural resources. Eden Prairie will identify these and place these on the seven-county map. The Metropolitan Council will figure out areas available for development and what are available for redevelopment and in-fill. Part of the rationale behind the new model is the 2000 Census determined the population projections for the seven-county area are not correct. The Metropolitan Council said a population projection of 650,000 was conservative. The new plan is a way to reconsider using and reusing the metro area rather than preserving a green ring around the metro. Butcher said she will be serving on a committee of the AML as these issues are discussed and will see what is going on in terms of land use and natural and cultural resources. Homeland Security and Eden Prairie Disaster Priorities - Councilmember Butcher Butcher reported that the tragic events have impacted every citizen in the nation and Eden Prairie is responding to this. All cities have been placed on high alert status. All levels of government must be prepared to respond, especially on the local level. All levels are working together on an overall security network to prepare cities for disaster. Butcher said she and Mayor Harris participated with representatives fiom a number of other cities in discussions with Congressman Ramsted, an FBI agent Ray Morrow, Sheriff McGowan and epidemiologist Michael Osterholm. Several important decisions came out of this .meeting. Each city is to review its preparedness plan. This review is in process by Eden Prairie’s staff. Another decision was creation of a command center to facilitate communication. Cities must be prepared to respond immediately. Council has just approved is the purchase of a mobile communications van. The City is very fortunate to have such a vehicle. The City needs to continue active cooperation with the cities in the region to develop coordination with other agencies. Many discussions are taking place with members of Congress who want to help to fund some of this necessary safety equipment and services that are being identified as essential to prepare the region for possible emergencies. There are limits to these cITYcouNcIL~s December 4,2001 Page 17 resources. Also communities should share resources and not duplicate services and equipment when they can be shared. Cities are asked to be actively engaged in sustained vigilance. It is important the cities remain watchful and stay alert. It is important for citizens to report to police any unusual circumstances they observe. There are things citizens and employers can do to remain proactive. A list is available fi-om the League of Minnesota Cities for review and can be posted on the City’s web site. The City of Eden Prairie is taking this high alert status seriously and many kudos are in order because of Police Chief Jim Clark and Molly Koivumaki. Butcher said she and Molly will be attending future sessions. It may be reasonable to have an open house on how residents and business owners can respond and can show the communications van, etc. to show how we can make our homeland secure. Case said it sounds like the Mayor and Councilmember Butcher were sent with Council authorization to this high-level meeting and had asked for a report on it. This report contains valuable information for the public. He would have preferred that Jim Clark give it. Mayor Harris said all Councilmembers attend meetings that are open to the public, and which have importance to the City. Not everybody can go to these meetings. She didn’t believe any members of the Council should be reticent about returning a report. She did not share Councilmember Case’s concern. The above two reports are high on the agenda of two agencies and should be shared, whether by e-mail or some other way. The process is not important, but rather it is the content that is important to the Council. Mosman said this specific type of topic would be of interest at a town hall meeting. Rather than taking the time of the City Council, she suggested having an open meeting where there could be a written report. Butcher said she was hoping to have an open house so they can respond to questions. About 350 people were at the meeting they attended. Mosman suggested Councilmembers have guidelines on what they would report on, how to summarize a report and how much time to take, what would be most useful to the public and what other avenues they can use to present the information. Tyra-Lukens said the way the report was given, it sounded as if it was a meeting for just five people. That should be clearer in the future. cITYcouN~MINuTEs December 4,2001 Page 18 B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUMTY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. Redesign of the City’s Web Site Uram reported on an E-Government initiative, which is redesigning of the City’s web site. It is a two-phased process. An interim web site will be put up in the next two or three weeks. Behind this a new web site is being designed that will involve the newest technology. It will be developed and laid out internally so staffs requests can be met next. It will also be presented to the Council. They hope to have the design done and in place by the end of March. 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 XV. ADJOURNMENT MOTION: Butcher moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 9:25 p.m. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 18,2001 SERVICE AREAIDMSION: ITEM DESCRIPTION: Police / C.O.P. Unit Gretchen Laven Clerk's License Application List ITEM NO.: =A These licenses have been approved by the department heads responsible for the licensed activity. New On-sale Wine (with Strong Beer) and 3.2 Beer On-sale License - New Ownership @ormerly Beijing Chinese Cuisine) New Beijing, Inc. Dba: New Beijing Chinese Restaurant Month Day, Year -1- CITY COUNCIL AGENDA SECTION: Consent Agenda SERVICE AREALDMSION: ITEM DESCRIPTION: Community Development Donald R. Uram Michael D. Franzen BFI Transfer Station Addition DATE: 11/06/01 ITEM NO.: E 3, Requested Action Move to: 0 Approve 2nd Reading of the Ordinance for PUD District Review with waivers on 24.32 acres, Zoning Amendment within the 1-2 Zoning District on 22 acres and Rezoning fiom Rural to 1-2 on 2.32 acres; and Adopt the Resolution for Site Plan Review on 24.32 acres; and Approve the Developer's Agreement for BFI Transfer Station 0 Background Information: This is a 6,000 square foot building addition for a transfer station. Attachments 1. 2. 3. Developer's Agreement Ordinance for PUD District Review, Zoning Amendment, and Rezoning Resolution for Site Plan Review I BFI ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 33-2001-PUD-22-2001 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed f?om the Rural Zoning District on 2.32 acres be placed in the 1-2 Zoning District and amended within the 1-2 Zoning District on 22 acres, 33-2001-PUD-22-2001 (hereinafter “PUD-22-2001-1-2”). Section3. The proposal is hereby adopted and the land shall be, and hereby is removed fi-om the Rural District and shall be included hereafter in the 1-2 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. The City Council hereby makes the following findings: A. PUD-22-2001-1-2 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-22-2001-1-2 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-22-2001-1-2 are justified by the design of the development described therein. D. PUD-22-2001-1-2 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section5. The proposal is hereby adopted and the land shall be, and hereby is removed fiom the Rural Zoning District, and placed in the 1-2 Zoning District and amended within the 1-2 Zoning District and shall be included hereafter in the Planned Unit Development PUD-22-2001-1-2 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. Section7. This Ordinance shall become effective fiom and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of November, 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 18th day of December, 2001. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on 3 E-IT A BFI Addition Legal Description: Proposed Property Description - Parcel B Those parts of the following described properties: That part of the Southeast Quarter of the Southwest Quarter of Section 27, Township 116, Range 22, Hennepin County, Minnesota, which lies southerly of the southeasterly right of way line of U.S. Highway No. 169. And That part of the Northeast Quarter of the Southeast Quarter of said Section 27 which lies southerly of said southeasterly right of way line of U.S. Highway 169. And That part of the Northwest Quarter of the Southeast Quarter of said Section 27 lying south of the north 3/16 of said Southeast Quarter which lies westerly of a line described as beginning at a point on the south line of said Northwest Quarter of the Southeast Quarter distant 676.5 feet east of the southwest corner of said Northwest Quarter of the Southeast Quarter; thence northerly to a point on the north line of the Northeast Quarter of said Section 27 distant 280.50 feet east of the northwest corner of said Northeast Quarter of Section 27 and said line there terminating. And The Southwest Quarter of the Southeast Quarter of said Section 27. Lying easterly and southerly of a line described as commencing at the Southwest corner of said Southwest Quarter of Section 27; thence northerly, along the west line of said Southwest Quarter of Section 27, a distance of 471.1 feet; thence northeasterly deflecting to the right 87 degrees 06 minutes 00 seconds a distance of 508.20 feet; thence northeasterly a distance of 561.80 feet along a tangential curve concave to the northwest having a radius of 1432.70 feet; thence southeasterly; radial to said curve, a distance of 60.00 feet; thence northeasterly a distance of 210.00 feet, along a curve concentric with said curve; thence southeasterly, radial to said curve, a distance of 172.00 feet; thence easterly deflecting to the left 52 degrees 10 minutes 00 seconds a distance of 347.00 feet to a point hereinafter referred to as “Point x”; thence southerly deflecting to the right 90 degrees 00 minutes 00 seconds a distance of 240.00 feet to a point hereinafter referred to as “Point Y”; thence westerly deflecting to the right 90 degrees 00 minutes 00 seconds to the west line of said Southeast Quarter of the Southwest Quarter of Section 27, being the point of beginning of the line to be described; thence Returning, along the last described course, to said ‘Toint Y”; thence northerly to said “Point X”; thence northwesterly deflecting to the left 21 degrees 16 minutes 00 seconds a distance of 442.5, more or less, to said southeasterly right of way line of U.S. Highway No. 169; thence northeasterly, along said southeasterly right of way line of U.S. Highway No. 169, a distance of 944.23 feet to a line hereinafter described as “Line A”; thence southeasterly, along said “Line A”, to a line hereinafter described as “Line B”; thence northeasterly, easterly, southeasterly, along said “Line B”, to the south line of said north 3/16 of the Southeast Quarter of Section 27 and aid line there terminating. “Line A” is described as commencing at a point on the south line of the Northwest Quarter of the Southeast Quarter of said Section 27 distant 676.50 feet east of the southwest corner of said Northwest Quarter of the Southeast Quarter of Section 27; thence northerly a distance of 1537.79 feet, more or less, along a line which, if extended, would intersect the north line of the Northeast Quarter of said Section 27 at a point 280.50 feet east of the northwest corner of said Northeast Quarter of Section 27, to said centerline of U.S. Highway Number 169 as laid out and traveled; thence South 41 degrees 10 minutes 00 seconds West, assumed bearing, along said centerline of U.S. Highway No. 169 as laid out and traveled, a distance of 1588.20 feet to the point of beginning said “Line A”; thence South 55 degrees 14 minutes 00 seconds East a distance of 457.41 feet; thence South 64 degrees 25 minutes 00 seconds East a distance of 156.37; thence South 5 1 degrees 54 minutes 00 seconds East a distance of 582.00 feet; thence North 26 degrees 39 minutes 00 seconds East a distance of 386.06 feet; thence easterly to the point of commencement and said “Line A” there terminating. “Line B” is described as commencing at the southeast comer of said Southeast Quarter of the Southwest Quarter of Section 27; thence South 89 degrees 39 minutes 57 seconds West, assumed bearing, along the south line of said Southeast Quarter of the Southwest quarter, a distance of 104.56 feet to the point of beginning of “Line B” to be described; thence North 17 degrees 49 minutes 47 seconds West a distance of 179.81 feet to the hereinafter described “Line c”; thence North 28 degrees 55 minutes 39 seconds East, along said “Line c”, a distance of 110.07 feet to an angle point in said “Line C”; thence North 61 degrees 04 minutes 21 seconds West, along said “Line C”, a distance of 91.16 feet; thence North 10 degrees 47 minutes 28 seconds West a distance of 70.92 feet; thence North 2 degrees 30 minutes 53 seconds East a distance of 365.59 feet; thence North 24 degrees 38 minutes 16 seconds East a distance of 225.88 feet to the point of beginning of said “Line B”; thence North 32 degrees 27 minutes 49 seconds East a distance of 532.21 feet; thence North 78 degrees 54 minutes 10 seconds East a distance of 41.35 feet; thence South 54 degrees 39 minutes 30 seconds East a distance of 221.02 feet; thence North 62 degrees 20 minutes 47 seconds East a distance of 29.14 feet; thence North 0 degrees 20 minutes 57 seconds West a distance of 860.92 feet to the south line of said north 3/16 of the Southeast Quarter of Section of Section 27 and said “Line B” there terminating. “Line c” is described as commencing at said southeast corner of the Southeast Quarter of the Southwest Quarter of Section 27; thence South 89 degrees 39 minutes 57 seconds West, along said south line of the Southeast Quarter of the Southwest Quarter, a distance of 222.13 feet; thence North 0 degrees 20 minutes 03 seconds West a distance of 58.14 feet to the point of 5 beginning of "Line c" to be described; thence North 28 degrees 55 minute 39 seconds East a distance of 240.00 feet; thence North 61 degrees 04 minutes 21 seconds West a distance of 3 17.62 feet and said "Line c" there terminating. And That part of Section 27, Township 116, Range 22 West of the 5th Principal Meridian described as follows: Commencing at A point in the East line of the West 5/8 of the North ?4 of the Southeast Quarter distance 495 feet South from the Northeast corner of said West 5/8 of the North ?4 of the Southeast Quarter; thence South to the Southeast corner of said West 5/8 of the North % of the Southeast Quarter; thence West to a point on the South line of said West 5/8 of the North % of the Southeast Quarter 676.50 feet East of the Southwest corner of said West 5/8 of the North % of the Southeast Quarter; thence Northerly to an intersection with a line parallel with and 495 feet South from the North line of the Southeast Quarter along a line which if extended would intersect the North line of the Northeast Quarter distance 280.50 feet East from the Northwest corner thereof; thence East to the point of beginning. And The East Three-Quarters (E 3/4) of the South Half (S 1/2) of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 27, Township 116 North, Range 22 West, according to the United States Government Survey thereof. And The Southeast Quarter of the Southeast Quarter of Section 27, Township 116, Range 22. And That part of Government Lot 1, Section 34, Township 116, Range 22, Hennepin County, Minnesota, lying northeasterly of a line drawn fi-om a point on the north line of said Government Lot 1, distance 100.00 feet westerly of the northeast corner of said Government Lot 1 to a point on the east line of said Government Lot 1, distant 50.00 feet southerly of said northeast corner of Government Lot 1. 6 BF'I ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 33-2001-PUD-22-2001 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAM) FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summaw: This ordinance allows rezoning of land located at 9813 Flying Cloud Drive fi-om the Rural Zoning District to the 1-2 Zoning District on 2.32 acres and amending land within the 1-2 Zoning District on 22 acres. 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. Hams, Mayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) BFI ADDITION CITY OF EDEN PR4.IRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2001- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR BFI ADDITION BY BFI WHEREAS, BFI, has applied for Site Plan approval of BFI Addition on 24.32 acres for construction of a 6,000 square foot addition to be zoned in the 1-2 Zoning District on 24.32 acres by an Ordinance approved by the City Council on December 18,2001; and WHEREAS, the Community Planning Board reviewed said application at a public hearing at its October 8,2001 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its November 6,2001 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to BFI, for the construction of a 6,000 square foot addition, based on plans dated November 6, 2001, between BFI, and the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie this 18th day of December 2001. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk ' DEVELOPER'S AGREEMENT BFI TRANSFER STATION THIS AGREEMENT is entered into as of December 18, 2001, by Y corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for PUD Concept Amendment on 24.32 acres, PUD District Review on 24.32 acres, Zoning District Amendment within the 1-2 Zoning District on 22 acres, Rezoning fi-om Rural to 1-2 Park on 2.32 acres, and Site Plan Review on 24.32 acres, legally described on Exhibit A (the "Property") ; NOW, THEREFORE, in consideration of the City adopting, Resolution No. for Planned Unit for Planned Unit Development District Review and for Site Plan Review, Developer Development Concept Review, Ordinance No. Zoning District Change fi-om Rural to 1-2, and Resolution No. agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated November , reviewed and approved by the City Council on November 6, 2001 , (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. 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 perfom 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 RESPONSIFSILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents fi-om and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released fiom its responsibilities to release, defend and indemniQ 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 the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland, wetland buffer strips, wetland buffer monument locations, water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certifi to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifjmg completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the 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. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 8. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Plannerk 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 the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment fiom public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 10. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer shall submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of $ to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the $ deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 11. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 12. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 1 1.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 13. SPECIAL ASSESSMENT AGREEMENT FOR TRUNK ASSESSMENTS AND PUBLILC UTILITY CONSTRUCTION: Prior to issuance of a building permit for the Property, Developer shall sign an assessment agreement, in the form and substance as attached in Exhibit E for trunk sewer and water assessments on an assessable area of 22 acres at the 2002 assessment rate of $5200.00/acre for a total of $114,400 and for $162,561.00 for the construction of public lateral sanitary sewer and watermain that will serve the Property as described in the Feasibility Study for Utility Improvements for the Pioneer TraiVFlying Cloud Drive Area I.C. 52-204. 14. ISSUANCE OF BUILDING PERMIT: Prior to issuance of any building permit for the Property, the City Council and the Metropolitan Airport Commission (MAC) must have awarded a construction contract for the public sanitary sewer and watermain as described in the Feasibility Study for Utility Improvements for the Pioneer TraiVFlying Cloud Drive Area I.C. 52-204. 15. OPERATION AND ENVIRONMENTAL CONDITIONS: Developer agrees to the terms, covenants, agreements and conditions set forth in Exhibit F. CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: 12/18/01 SERVICE AREA/DMSION: ITEM DESCRIPTION: Community Development Donald R. Uram Danette Moore Shady View Addition ITEM NO.: E ,e. Requested Action Approve 2nd Reading of the Ordinance for PUD District Review with waivers on 5.14 acres and Zoning District Amendment within the 1-2 District on 5.14 acres. Background Information: This is to create two lots for separate ownership. There is no Developer Agreement for this project. The waivers are listed in the PUD Ordinance. Attachments 1. Ordinance for PUD District Review I SHADY VIEW ADDITION CITY OF EDEN PR4IRJE HENNEPIN COUNTY, MIMNESOTA ORDINANCE NO. 34-2001-PUD-23-2001 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 1-2 Zoning District 34-2001-PUD-23-2001 (hereinafter "PUD-23-2001-1-2). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of December 18, 2001, entered into between First Industrial L.P. and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-23-2001-1-2, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. Plan of the City. PUD-23-2001-1-2 is not in conflict with the goals of the Comprehensive Guide B. environment within its own boundaries. PUD-23-2001-1-2 is designed in such a manner to form a desirable and unified C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-23-2001-1-2 are justified by the design of the development described as follows: 1. Zero lot line to parking 2. Base Area Ratio from .30 to .34 for Lot 1 D. PUD-23-2001-1-2 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. a Section5. The proposal is hereby adopted and the land shall be, and hereby is amended within the 1-2 District and shall be included hereafter in the Planned Unit Development 23-2001-1-2, 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. Section7. This Ordinance shall become effective fiom and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1 lth day of November, 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 18th day of December, 2001. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on 3 Exhibit A Shady View Addition Legal Description: Lot 3, Block 2, Le Parc 4 CITY COUNCIL AGENDA SECTION: Consent Agenda SERVICE AREWDMSION: ITEM DESCRIPTION: Community Development Donald R. Uram Eden Prairie Auto Center 1. Scott A. Kipp Requested Action Move to: DATE: 12/18/01 ITEM NO.: 3zI .D, 0 Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers on 1.05 acres and Zoning District Change from Rural to C-Comm Zoning District; and 0 Adopt the Resolution for Site Plan Review on 1.05 acres; and 0 Approve the Developer’s Agreement for Eden Prairie Auto Center. Synopsis This is for a 5,900 square foot auto center. Background A minor change to the plans has occurred since first reading of the project in September. The Developer has been unsuccessful in obtaining off-site NURP ponding within the Gerring Car Wash site, and is now proposing this ponding on site. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Change 2. Resolution for Site Plan Review 3. Developer’s Agreement PROPOSED BUIUING FFE= 875.5 a It - ll- - 11 i It - Il- - @ - G=875 1~869.. i EDEN PRAIRIE AUTO CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 35-2001-PUD-24-2001 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the Planned Unit Development Community Commercial Zoning District 35-2001 -PUD-24-2001 (hereinafter “PUD-24-2001-C-Corn”). Section3. The land shall be subject to the terms and conditions of that certain Developer’s Agreement dat‘ed as of December 18, 2001, entered into between Westbrook Development, and the City of Eden Prairie, (hereinafter “Developer’s Agreement”). The Developer’s Agreement contains the terms and conditions of PUD-24-2001-C-ComY and is hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-24-2001-C-Com is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-24-2001-C-Com 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-24-2001-C-Com are justified by the design of the development described therein. D. PUD-24-2001-C-Com is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. 3 Section5. The proposal is hereby adopted and the land shall be, and hereby is removed fiom the Rural Zoning District, and placed in the Community Commercial Zoning District and shall be included hereafter in the Planned Unit Development 24-2001-C-Com 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. Section7. 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 4th day of September, 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 18th day of December, 2001. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on Exhibit A Legal Description: Outlot A, Anderson Lakes Commercial Center 2nd Addition except that part platted as Anderson Lakes Commercial Center 3Td Addition and except that part taken for Highway 212. 5 EDEN PRAIRIE AUTO CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 35-2001-PUD-24-2001 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summarv: This ordinance allows rezoning of land located west of Aztec Drive and east of T.H. 212, from the Rural Zoning District to the Community Commercial Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) 6 Exhibit A Legal Description: Outlot A, Anderson Lakes Commercial Center 2nd Addition except that part platted as Anderson Lakes Commercial Center 3rd Addition and except that part taken for Highway 212. EDEN PRAIRIE AUTO CENTER CITY OF EDEN PRAIRTE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2001- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR EDEN PRAIRIE AUTO CENTER BY WESTBROOK DEVELOPMENT WHEREAS, Westbrook Development, has applied for Site Plan approval of Eden Prairie Auto Center on 1.05 acres for construction of a 5,900 square foot auto center, to be zoned in the Community Commercial Zoning District on 1.05 acres by an Ordinance approved by the City Council on December 18,2001; and WHEREAS, the Community Planning Board reviewed said application at a public hearing at its August 13,2001 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its September 4,2001 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Westbrook Development, for the construction of a 5,900 square foot auto center, based on plans dated October 29,2001, between Westbrook Development, and the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie this 18th day of December, 2001. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar SERVICE AREA/DMSION: ITEM DESCRIPTION: Public Works Engineering Services Randy Slick/ Eugerie A. Dietz Final Plat Approval of Liberty Place 2nd Addition Requested Action Move to: Adopt the resolution approving the final'plat of Liberty Place 2nd Addition DATE: December 18,2001 ITEM NO.: TI_ ,E Synopsis This proposal, located southeast of Valley View Road and adjacent to Smetana Lane consists of 14.8 acres. The plat consists of a minor lot line reconfiguration between Lot 1 and Lot 2. The reason for the reconfiguration is to align property line with parking lot layout in conformance with approved plan. Background Information The preliminary plat was approved by the City Council March 21,2001. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on April 17,2001. - The resolution includes a variance to City Code 12.20 Subd.2.A waiving the requirement for final plat approval within six months of preliminary plat approval. Approval of the final plat is subject to the following conditions: 0 Receipt of engineering fee in the amount of $3,333.12 Attachments Drawing of final plat RS:ssa CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. \ A RESOLUTION APPROVING FINAL PLAT OF LIBERTY PLACE 2m ADDITION WHEREAS, the plat of Liberty Place 2nd 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. B. L C. D. Plat approval request for Liberty Place 2nd Addition is approved upon compliance with the recommendation of the City-Engineer's report on this plat dated December 18,2001. - 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. 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. 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 December 18,2001. ATTEST: Jean L. Harris, Mayor SEAL Kathleen A. Porta, City Clerk 2 3 L CITY COUNCIL AGENDA SECTION: Consent Calendar SERVICE AREA/DMSION: Public Works Engineering Services Randy Slick/ Eugene A. Dietz DATE: December 18,2001 ITEM DESCRIPTION: ITEM NO.: Final Plat Approval of Bluff Country Townhomes 8th Addition 33 E Requested Action - Move to: Adopt the resolution approving the final plat of Bluff Country Townhomes r 8th Addition Synopsis This proposal, located north of Pioneer Trail and west of Hennepin Town Road. The plat consists of .23 acres to be divided into four townhome lots. This is a replat of Outlot K, Bluff Country Village. Background Information The preliminary plat was approved by the City Council August 17, 1999. Second Reading of the Rezoning Ordinance and final approval of the Developer’s Agreement was completed on December 7, 1999. The resolution includes a variance to City Code 12.20 Subd.2.A waiving the requirement for final plat approval within six months of preliminary plat approval. - .. Approval of the final plat is subject to the following conditions: 0 Receipt of engineering fee in the amount of $288.00 0 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 Attachments Drawing of final plat RS:ssa CITY OF EDEN PRAJRIF, EIENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BLUFF COUNTRY TOWNHOMES STH ADDITION WHEREAS, the plat of Bluff Country Townhomes 8th 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. B. C. D. Plat approval request for Bluff Country Townhomes fIth Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated December 18,2001. 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. 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. 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 December 18,2001. ATTEST: Jean L. Harris, Mayor SEAL Kathleen A. Porta, City Clerk a I I .. _. . - ’ Final Plat Approval of Bluff Country Townhomes 7th Addition i CITY COUNCIL AGENDA SECTION: Consent Calendar - =*&, SERVICE AREADIVISION: Public Works Engineering Services Randy Slick/ Eugene A. Dietz DATE: December 18,2001 ITEM DESCRIPTION: 1 ITEMNO.: I Requested Action ‘ Move to: Adopt the resolution approving the final plat of Bluff Country Townhomes 7th Addition Synopsis This proposal, located north of Pioneer Trail and west of Hennepin Town Road. The plat consists of .23 acres to be divided into four townhome lots. This is a replat of Outlot J, Bluff Country Village. Background Information The’preliminary plat was approved by the City Council August 17,1999. Second Reading of the Rezoning Ordinmce and final approval of the De~eloper’s Agreement was completed on December 7, 1999. The resolution includes a variance to City Code 12.20 Subd.2.A waiving the requirement for final plat approval within six months of preliminary plat approval. - Approval of the final plat is subject to the following conditions: 0 Receipt of engineering fee in the amount of $288.00 . 8 0 The requirements as set forth in the Developer’s Agreement 0 Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor Attachments Drawing of final plat RS:ssa -. CITY OF EDEN PRATRIE HENNEPIN COUNTY, MINNESOTA - RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BLUFF COUNTRY TOWNHOMES 7TH ADDITION WHEREAS, the plat of Bluff Country Townhomes 7th 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 Bluff Country Townhomes 7th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated . December 18,2001. 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 id 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 December 18,2001. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk SEAL a .T' 3 CITY COUNCIL AGENDA SECTION: Consent Calendar - SERVICE AREAIDIVISION: ITEM DESCIUPTION: DATE: December 18,2001 ITEM NO.: Public Works Engineering Services Final Plat Approval of Shady View Addition I EJ+. Randy Slick/ Eugene A. Dietz Requested Action Move to: Adopt the resolution approving the final plat of Shady View Addition Synopsis This proposal, located at the northwest corner of Shady Oak Road and Valley View Road. The plat consists of 5.14 acres to be divided into two lots. The purpose of the plat is to create two ~ lots for separate ownership. This is a replat of Lot 3, Block 2 LeParc. Background Information The preliminary plat was approved by the City Council November 20,2001. Second Reading of the rezoning ordinance will be completed on December 18,2001. Approval of the final plat is subject to the following conditions: Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor - 0 Prior to release of final plat, Developer shall provide a cross-access and maintenance agreement for use of the common driveway and parking. Attachments Drawing of final plat CITY OF EDEN PRAIRIE EIEIWYEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF SHADY VIEW ADDITION WHEREAS, the plat of Shady View 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 Shady View Addition is approved upon compliance with the recommendation of the City Engineer’s report on this plat dated December 18, 2001. . -. That the City Clerk is hereby directed to supply a certifiedcopy of this resolution to the owners and subdividers of the. above named plat. B. . C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on December 18,2001. ATTEST: Jean L. Harris, Mayor SEAL Kathleen A. Porta, City Clerk d z d 5 n -d !a E /- 3 ! 1 1 I! I I ~ TOTkL P. El2 I ITEM DESCRIPTION: 01-5541 Award Contract for Emergency Vehicle Pre- Traffic Signals Emption (EVP) Systems on Thirteen Existing CITY COUNCIL, AGENDA SECTION: Consent Calendar SERVICE AREA/DIVISION: Engineering Services Rod Rue Eugene A. Dietz ITEM NO.: T/I. T, DATE: December 18,2001 Requested Action Move to: Award contract for emergency vehicle pre-emption (EVP) systems on thirteen existing traffic signals to Electrical, Installation and Maintenance Company in the amount of $89,779.00. Synopsis Eight bids were received on December 6, 2001 for this work and are tabulated on the attached recommendation letter fiom our consultant. The low bid was submitted by Electrical Installation and Maintenance Company for $89,779.00, which is approximately 31% below the engineer’s estimate of $130,000.00. Background Information This project completes our commitment to have all traffic signals within Eden Prairie equipped with EVP systems: The Capital Improvement Budget contains $243,000 to cover the costs associated with this project. With the very competitive bid price, fewer signal cabinethontroller replacements than anticipated, and the elimination of a‘couple signals due to upcoming projects, we will be substantially under the budgeted amount. Attachments Westwood Professional Services’ Recommendation Letter 3Yest.Nco.J Professional Services, lnc PLANNlNG - ENGINEERING - SURVEYING 7599 Anagram Drive Eden Prairie, MN 55344 Phone: 952-937-5150 Fax: 952-937-5822 Toll free: 1-888-937-5150 E-mail: wps@westwoodps.com December 6, 2001 Mr. Rodney W. Rue, P.E. Assistant City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 TWIN CITIESIMETRO ST. CLOUD BRAINERD RE: Award of Contract Emergency Vehicle Preemption Systems at Thirteen Locations City Project No. I. C. 01-5541 Dear Mr. Rue: On December 6, 2001, at 1O:OO a.m., eight bids were received and opened for the-above referenced project. We have reviewed the bids submitted to the City of Eden Prairie and determined that Electrical Installation & Maintenance Company has submitted the lowest responsible bid. The following summary is provided: Engineer’s Estimate , Electrical Installation & Maintenance Co. People’s Electric Company Poly-Phase Electric Electric Service Company Killmer Electric Company Granite Ledge Electric Egan McKay Electrical Contractors ColliSys Electrical Systems - $1 30,000.00 $89,779.00 $91,687.00 $92,955.00 $97,900.00 $1 02,670.00 $1 05,000.00 $107,398.00 $126,500.00 The Electrical Installation & Maintenance Co. bid is approximately 31 % below the Engineer’s Estimate for the project. We recommend that the City award the project to Electrical Installation & Maintenance Company in accordance with their proposal form. . Respectfully submitted, WESTWOOD PROFESSIONAL SERVICES, INC. Allan S. Klugman, P.E., PTOE * Principal Transportation Engineer Designing the Fmure Todap.since 1972 SERVICE AREALDMSION: Engineering Services Mary Krause Eugene A. Dietz Requested Action ITEM DESCRIPTION I.C. 02-5552 Summary of Bids 2002 Maintenance Materials and Water Treatment Chemicals DATE: December 18,2001 ITEM NO.: a $7, Move to: Award contracts for maintenance and water treatment chemicals for 2002. Synopsis . Bids were received on December 6,2001 for the 2002 supply of Street Maintenance and Water Treatment Chemicals. Attached is a summary sheet indicating the bid prices for these materials and chemicals and a table indicating the material or chemical, the recommended suppliers and the unit prices of the material to be purchased. Background Information MnDOT 233 1 and Class 5 Aggegate: Two bids were received for MnDOT Bituminous Mixes. A cost analysis of time, equipment and labor for hauling the asphalt from the supplier's plant to the shop indicates a savings to use asphalt supplied fi-om Midwest Asphalt to supply the bituminous material. However, due to production capabilities and demand and availability at' the plants, the award of the bituminous mix is to Midwest Asphalt and Commercial Asphalt. Staff will select the appropriate vendor on a daily basis. Similar cost analysis taking into consideration time, equipment and labor to haul the material was done for the Class 5 Recycled aggregates, The analysis for. Class 5 Recycled show a savings by utilizing Midwest Asphalt. Water Treatment Chemicals: The water treatment chemicals are critical to the operation of the water treatment plant and the amounts used will be dictated by the treatment plant. Actual quantities used will vary depending upon the 2002 weather; a wet summer will have lower water production; a dry smer will have higher water production and therefore will use more chemicals to treat the water. Attachments t I SIR R 0 OB I - E \ $ C C C ci €6 N 3 CITY COUNCIL AGENDA SECTION: Consent Calendar SERVICE AREA/DIVISION: Engineering Services AlanD. Gray Eugene A. Dietz DATE: December 18,2001 ITEM DESCRIPTION: I.C. 02-5554 ITEM NO.: Feasibility Study for Stable Path, South of Pioneer Trail a&, Requested Action Move to: Adopt resolution authorizing the preparation of a feasibility report for infiastructure improvements to Stable Path south of Pioneer Trail. Synopsis Stable Path is a gravel road approximately 1600 feet long running along the western boundary of Oak Parke Estates between Pioneer Trail and Dell Road. The Development Agreement with U.S. Homes for Oak Parke Estates contemplates the improvement of Stable Path by the City of Eden Prairie and financed by assessments to Oak Parke Estates and other benefiting properties. It is desirable at this time to proceed with a feasibility study to identi@ the agsessable costs and consider the implementation of the improvements to support the continued development of Oak Parke Estates and the potential development of the land parcels abutting the west side of Stable Path. Since this project does not have a petition, authorization of a feasibility study would be by Council initiative and will require at least four affirmative votes to advance the project through the process. - Background Information - The Developer’s Agreement with U.S. Homes for the Oak Parke Addition was approved in June, 1999. The Agreement states that the property will be assessed for improvements to Stable Path - based on a feasibility study to be conducted by the City of Eden Prairie. Oak Parke’s proportional share of improvement cost would be based on 93 units. U.S. Homes will also enter into an assessment agreement for the improvements with the next addition to .be platted. The feasibility study would develop the cost estimate used as a basis for the assessment agreement. Staff recommends that the feasibility study be authorized with the assistance of SEH, Inc. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA - RESOLUTION NO. RESOLUTION ORDERING FEASIBILITY REPORT STABLE PATH - SOUTH OF PIONEER TRAIL WHEREAS, it is proposed to make the following improvements: I.C. 02-5554 - hfiastructure improvements including sanitary sewer, watermain, storm sewer, curb and gutter, streets, sidewalk and trail within Stable Path, south of Pioneer Trail. and assess the benefited property for all or a portion of the cost of the improvements, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: That the proposed improvements be referred to the City Engineer for study with the assistance of SEH, gnc., and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. . ADOPTED by the Eden Prairie City Council on December 18,2001. ATTEST: '. Jean L. Harris, Mayor SEAL Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA SECTION Consent Calendar SERVICE AREA/DMSION: Public Works Services Eugene A. Dietz ITEM DESCRIPTION: Resolution Supporting the Revised Plan for TH 62 and I-35W DATE: December 18,2001 ITEM NO.: E. L‘ Requested Action Move to: Adopt resolution supporting the revised plan for improvements to TH 62 and I-35W Commons Roadway System. Synopsis In early 2001, MnDOT announced plans for the reconstruction of the TH62/ I-35W interchange area. The announcement included the fact that segments of the roadway would be closed for up to four years during the process. A significant regional backlash to these plans resulted in the Legislature taking action to postpone the project and require the MnDOT to further study alternatives to reduce the impacts and increase capacity of the interchange area. That work has been successfully completed and the attached resolution provides Eden Prairie support for the revised concept. Background Information As noted, the lengthy closure of Th 62 at I-35W would have been ongoing for up to four years with the original plan. There was not available time to develop a formal resolution for expression of concern by the City of Eden Prairie. However, Mayor Harris was invited to testify before Senator Roy Tewilliger’s committee. Mayor Harris’s testimony focused on the impact to Eden Prairie commuter traffic during such a lengthy closure, the congestion resulting from diversion of traffic from the Crosstown to other routes and the lack of substantive improvement to the capacity of the interchange upon completion. Staff has attended presentations of the revised concept plan and can verify that substantial improvements from the original plan have been achieved and include the following: 0 Through a proposed expansion of right-of-way acquisition, the MnDOT proposes to maintain the current lane capacity of the interchange during construction with only minor closures of up to four weeks. This is in contrast to the loss of a variety of movements at the interchange for up to four years in the original plan. 0 An additional lane in each direction on I-35W has been included within the project area. 0 An additional lane has been added in each direction to TH 62 in the project area. Without questiond, the project is not perfect. However, the project has been vastly improved from the original MnDOT design. There are both financial and neighborhood impact issues in South Minneapolis that will be a hurdle to cross before the project could be implemented. Since the scope of the project has increased significantly, the costs are expected to increase by 40% to 60% and the project could not be constructed until 2005 using the traditional design-bid process. Staff recommends Council adopt the resolution to provide the MnDOT support as they pursue additional funding and as they seek approval from Minneapolis for the project. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION RESOLUTION SUPPORTING THE REVISED PLAN FOR IMPROVEMENTS TO THE TH 62 AND I-35W COMMONS ROAD SYSTEM WHEREAS, in 2001, the Minnesota State Legislature directed the Minnesota Department of Transportation @&DOT) to study the proposed construction plans for the Trunk Highway 62/I- 35W Commons Area, with a report due back to the Legislature in January, 2002; WHEREAS, the City of Eden Prairie went on record in support of the action taken by the Legislature; WHEREAS, the MnDOT has employed a consultant to develop alternative plans for the TH 624-3 5 W Commons Area; WHEREAS, the preferred concept alternative positively addresses: THE LENGTH OF CLOSURES TO TH 62. The closures are expected to be measured in weeks (up to a month) rather than in years; THE CAPACITY OF THE INTERCHANGE. The alternative plan improves the overall capacity of the interchange and recognizes the regional significance of the merger of these two important roadway systems; and WHEREAS, the MnDOT has expressed a commitment to work with local agencies to minimize the impacts to the extent possible in the surrounding neighborhoods. NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie, based on the available studies and information supports the revised concept design of the TH 62/I-35W Commons Area Improvement Project. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk G\ISSA\COUNCIL2Wl\M62-195W CWnm~ns Road S+S~WII - Rwi~ed 12-IE-Ol.dE CITY COUNCIL AGENDA SECTION: CONSENT CALENDAR SERVICE AREAIDMSION: ITEM DESCRIPTION: Community Development and Financial Serviced Don Uram Resolution authorizing issuance and sale of $1,000,000 in G.O. Bonds to fund the Eden Prairie portion of the Joint Public Safety Training Center DATE: December 18,2001 ITEM NO.: ZI-lrn, Requested Action: Move to: Adopt a Resolution authorizing issuance and sale of $1,000,000 General Obligation Bonds to be used to fund the majority of the Eden Prairie obligation of the Joint Public Safety Training Center. Synopsis: The Cities of Bloomington, Edina, Eden Prairie, and the Airport Police Department (M.A.C.) have been working together to construct a police and fire training facility on property owned by the City of Edina. The project has been approved by the participating Council's and the Metropolitan Airports Commission. Final architectural plans are being prepared and it is anticipated that construction will begin in the spring of 2002. Background Information: In 1997, the State of Minnesota authorized the participating Cities and the M.A.C. to issue General Obligation Bonds in an amount not to exceed $1,000,000 (per agency) to be used for its share of the cost of acquisition, construction, and equipping of the public safety training facility. On December 16th of 1997 the City Council adopted a resolution approving the Special Legislation which preserved our authority to issue these bonds. The total obligation, on the part of the City of Eden Prairie, is $1.4 million with the remaining $400,000 coming from the Capital Improvement Plan. Attachments: Resolution I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 2001- RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1,000,000 GENERAL OBLIGATION BONDS, SEFUES 2002 BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the “City”), as follows: SECTION 1. BACKGROUND. On June 2,1997, pursuant to Laws, 1997 Chapter 231, Art. 16, Sec. 22, the Minnesota legislature enacted special legislation authorizing the City to authorize and issue its general obligation bonds to finance the City’s portion of the cost of a joint project (the “Project”) between the City, the City of Bloomington, the City of Edina and the Metropolitan Airports Commission. On November 29,2001, pursuant to Laws 1997, Chapter 231, Art. 16, Sec. 22, the City published notice in the official newspaper of the City of its intent to authorize and issue bonds. SECTION 2. PURPOSE. It is hereby determined to be in the best interests of the City to issue its $1,000,000 General Obligation Bonds, Series 2002 (the “Bonds”), pursuant to Minnesota Statutes, Chapter 475, as amended, and Laws 1997, Chapter 231, Art. 16, Sec. 22 to finance the City’s portion of the Project. The Project will finance the acquisition, construction and equipping of a public safety training, facility to train firefighters and law enforcement officers. SECTION 3. AUTHORIZATION. It is hereby determined to be in the best interests of the City to issue the Bonds. The City Finance Director and the Issuer’s financial consultant are hereby authorized and directed to solicit one or more proposals for the purchase of the Bonds, and to present such proposal or proposals to this Council at a subsequent Council meeting for approval. The actions of the City’s staff in making an anticipatory levy for the Bonds for collection in 2002 are hereby approved, ratified and confirmed. Adopted by the Eden Prairie City Council this 18th day of December, 2001. ATTEST: Kathleen Porta, City Clerk Jean L. Harris, Mayor CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 18,2001 SERVICE AREAIDMSION: Community Development and Financial services Don Urarn, Director ITEM DESCRIPTION: Resolution Regulating Fees and Charges for Business Licenses, Permits and Municipal Services. ITEM NO.: Requested Action Move to: Adopt the Resolution Regulating Fees and Charges for Business Licenses, Permits and Municipal Services. Synopsis This resolution requires approval on an annual basis. Attachments Memorandum fiom Donald Uram Fee Resolution I MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor and City Council Carl Jullie, City Manager Donald R. Uram, Finance Director Kathleen Schwankl, Senior Accounting Clerk December 18,2001 2002 Resolution Regulating Fees and Charges for Business Licenses, Permits and Municipal Services All proposed changes in our Fee Resolution are summarized as follows: 2.04 DOGS: Male, Annual-fee was $8.00; raised to $9.00. Female, Annual-fee was $8.00; raised to $9.00. 2.14 PEDDLERS: Annual, fee was $10.00; raised to $15.00. 2.21 EXCAVATING & GRADING: PLAN CHECKING FEE: 101 to 1,000 cu.yds-fee was $38.00; raised to $39.00. 1,001 to 10,000 cu.yds-fee was $50.75; raised to $52.25. 10,001 to 100,000 cu.yds-fee was $50.75 for lSt 10,000 cu.yds plus $25.25 each add'l 10,000 cu.yds or fiaction thereof; raised to $52.25 for lSt 10,000 cu.yds, plus $26.00 each add'l 10,000 cu.yds or fraction thereof. 100,001 to 200,000 cu.yds.-fee was $278.00 for lSt 100,000 cu.yds, plus $13.65 for each add'l 10,000 cu.yds. or fraction thereof; raised to $286.00 for lSt 100,000 cu.yds, plus $14.00 for each add'l 10,000 cu.yds or fiaction thereof. 200,001 cu.yds or more-fee was $414.00 for lSt 200,000 cu.yds plus $7.50 for each add'l cu.yds or fraction thereof; raised to $426.50 for lSt 200,000 cu.yds, plus $7.75 for each add'l 10,000 cu.yds or fiaction thereof. Other Inspections and Fees: Additional plan review-fee was $30.00 per hr; raised to $31.00 per hr. 2.21 Excavating & Grading (continued): GRADING PERMIT FEES: 101 to 1,000 cu.yds-fee was $38.00 for lSt 100 cu.yds plus $18.00 for each add'l100 cu.yds or fkaction thereof; raised to $39.00 for lSt 100 cu.yds plus $1 8.50 for each add'l100 cu.yds or fraction thereof. 1,001 to 10,000 cu.yds-fee was $200.00 for lSt 1,000 cu.yds, plus $15.00 for each add'l 1,000 cu.yds or fraction thereof; raised to $206.00 for lSt 1,000 cu.yds plus $15.50 for each add'l1,OOO cu.yds or fraction thereof. $68.00 for each add'l 10,000 cu.yds or fraction thereof; raised to $345.00 for lSt 10,000 cu.yds plus $70.00 for each add'l 10,000 cu.yds or fraction thereof. each add'l 10,000 cu.yds or fraction thereof; raised to $975.50 for lSt 100,000 cu.yds plus $38.50 for each add'l 10,000 cu.yds or fraction thereof. 10,001 to 100,000 cu.yds-fee was $335.00 for lSt 10,000 cu.yds plus 100,001 or more-fee was $947.00 for lSt 100,000 cu.yds plus $37.50 for Other Inspections and Fees: Inspections outside normal business hrs (min chg=2 hrs)-fee was$5 1.50/hr; Reinspection fee assessed under provisions of Section 108.8-fee was Inspection for which no fee is specifically indicated (min chg=1/2 hr)-fee Add'l plan review required by changes, additions, or revisions to approved raised to $53.00/hr. $51.50 each; raised to $53.00 each. was $51.50 per hour; raised to 53.00 per hour. plans (min chg=1/2 hr)-fee was $51.50 per hr; raised to $53.00/hr. 2.22 PERMIT FOR RIGHT-OF-WAY EXCAVATIONS : Mainline Utility & Telecommunication Installations-fee was $16.50 per Repair or Service Excavation: 100 L.F.; raised to $17.00 per 100 L.F. Turf area-fee was $22.00; raised to $22.75. Pavement area-fee was $54.50; raised to $56.00. Residential Driveway-fee was $22.00; raised to $22.75. Commercial Driveway-fee was $54.50; raised to $56.00. All Other Excavations: Turf Area-fee was $22.00; raised to $22.75. Pavement Area-fee was $54.50; raised to $56.00. 2.22A WEIGHT RESTRICTIONS: Truck overweight permit, per trip-fee was $29.00; raised to $30.00. # 3 2.24 HEATING & VENTILATING: C. Reinspection-fee was $42.00; raised to $47.00. 2.28 PLUMBING: Fixtures, each-fee was $8.00; raised to $10.00. Rough-in fixtures-fee was $8.00; raised to $10.00. Setting fixtures on previous-fee was $8.00; raised to $10.00. Electric water heater-fee was $8.00; raised to $10.00. New ground run for existing building-fee was $8.00; raised to $10.00, Sump and receiving tank-fee was $8.00; raised to $10.00. Water treating device (softener)-fee was $8.00; raised to $10.00. Washer openings-fee was $8.00; raised to $10.00. Sillcocks-fee was $8.00; raised to $10.00. For extending water lines-fee was $8.00; raised to $10.00. Other inspections & fees: Reinspection-fee was $42.00; raised to $47.00. 2.3 1 SEPTIC SYSTEM PUMPING: Fee was $5.00; raised to $20.00. 2.37 CASH PARKFEES: Single family unit-fee was $2100; raised to $2300. All other residential-fee was $21 OO/unit; raised to $2300/unit. Office, commercial, industrial-fee was $6000/acre; raised to $6600/acre. 2.41 WATER /SEWER CONNECTION FEE: Fee was $12,750 per single unit; raised to $13,130 per single unit. 2.42 FlRE HYDRANT USEMETER FOR CONSTRUCTION AND IRRIGATION: A. Permit-fee was $29.00; raised to $30.00. 3.03 ENGINEERING SERVICES TO LAND DEVELOPERS: Final Plat: Residential-fee was $46.00/unit (min $288.00); raised to $47.5O/unit Commercial, etc.-fee was $1 12 per acre (min $288.00); raised to Admin Land Division-fee was $59.00; raised to $61.00. (min $300.00). $115 per acre (min $300.00). Street Signs: Street Name Sign (incl. Install w/12' post) 6"x6"-fee was $190.00; Street Name Sign (incl. Install w/12' post) 6"x9"-fee was $213.00; raised to $196.00. raised to 219.00. Street Signs (continued): Street Name Sign (hcl. Install w/12' post) 9"x9"-fee was $229.00; Temporary Street Name Sign (plus 15% surcharge for maintenance raised to 236.00. until permanent signs in place)-fee was $142.00; raised to $146.00. Stop Sign (incl. brackets, install, no post) 3O"x30"-fee was $116.00; raised to $119.00. Stop Sign (incl. brackets, install, with post) 30f'x30"-fee was $138.00; raised to $142.00. No Outlet (incl. post & install) 24"~24"-fee was $106.00; raised to $109.00. 9 Button Delineator-Red (incl. post & install)-fee was $96.00; raised to $99.00. 9 Button Delineator-Red (incl. breakaway post & install)-fee was $1 16.00; raised to $1 19.00. Keep Right Symbol (incl. 9 button de1in.-Yellow, no post)-fee was $116.00; raised to $119.00. Keep Right Symbol (incl. 9 button de1in.-Yellow, install, post)-fee was $138.00; raised to $142.00. Keep Right Symbol (incl. 9 button de1in.-Yellow, install & breakaway post)-fee was $159.00; raised to $164.00. Future Road Extension Advisory (incl. 2 posts & insta11)36"x30" -fee was $222.00; raised to $229.00. No Parking-Use for Turn-Around (incl. post & install)-fee was $119.00; raised to $123.00. Other-fee was $143.00; raised to $147.00. 3.04 PUBLIC RIGHT-OF-WAY OR EASErylENT VACATION FEE: Application fee-was $230.00; raised to $240.00. 3.06 SPECIAL ASSESSMENT SEARCHES: Non-resident fee per parcel-fee was $15.50; raised to $16.00 per parcel for non-resident. 3.08 FIRE DEPT FEES AND CHARGES: ADDED: Firefighter supplemental employment; $35 per 3 hr block, with 3 hrminimum. 3.10 POLICE DEPARTMENT FEES: Police Officer supplemental employment; fee was $40 per hr, min 3 hrs; raised to $50 per hr, min 3 hrs. 5 P ADDED: 3.14 RADIO SERVICE FEES: Radio Maintenance: Mobile Radio fee-$5.5O/month, $66 .OO/annual. Portable Radio fee-$5.5 O/month, $66 .OO/annual. Telemetry Radio fee-$5.0O/month7 $60.00/annual. Telemetry Interface fee-$5.0O/month7 $60.00/annual. Installation fees-$50.00 regular hrs, $75.00 nightlwknds. Labor Charges: Non-included service fees-$50.00 regular hrs, $75.00 nightlwknds. Materials : Actual Cost. SECTION 4: RENTm FEES, RATES & CHARGES FOR CITY FACILITIES PRIORITY RENTAL CLASSIFICATIONS: Changed fkom 1,2,3,4 to A, B, C, D. 4.01 COMMUNITY CENTER RENTAL FEE SCHEDULE: ICE ARENA: ADDED COMMENT: Prime time-fee was $140/hr; raised to $142.50/hr. ***All Eden Prairie Associations will be charges $15.00/hr for team parties or team activities where food and beverages are provided as part of the activity. Group I (Public agencies, Non-profit and Civic Organizations) will still be charged $5.00/hr for all other meetings. SPECIAL ICE RATES: School District 272 ice rate for physical education classes-fee was $50.00/hr; raised to $52.50/hr. MEMBERSHIPS : Corporate membership-fee was $650/yr for five adult memberships or $130/person with minimum of 5; raised to $700/yr for five adult memberships or $140/person, minimum 5. 4.04 PARK FACILITIES RENTAL FEE SCHEDULE: Outdoor Center: Maximum capacity-was 50; changed to 49. Group I-fee was $20/hr; raised to $25/hr. Group 111- fee was $30/hr; changed to N/A: Group I-fee was $75-for % day & $125 for all day; raised to $90 Round Lk Pk Pavilion: for % day & $130 for all day. Round Lk Pk Building: Group I-fee was $75-for % day & $125 for all day; raised to $90 for ?4 day & $130 for all day. 4.04 Park Facilities Rental Fee Schedule (continued): Homeward Hills Shelter: Group I-fee was $75-for ?h day & $125 for all day; raised to $90 for ?4 day & $130 for all day. Staring Lk Pk Shelter: Group I-fee was $75-for % day & $125 for all day; raised to $90 for ?h day & $130 for all day. Miller Pk Shelter: Group I-fee was $75-for $4 day & $125 for all day; raised to $90 for % day & $13 0 for all day. Riley Lk Shelter: Group I-fee was $100 for % day; raised to $120 for ?h day. ADDED COMMENT: Full day rates only on Saturday and Sunday. BALLFIELD TOURNAMENTS: Other types of youth and adult tournaments-fee was $40 per field per day; Set-up for new soccer field for tournament-fee was $1 10 per field; raised raised to $45 per field per day. to $125 per field. 4.06 USE OF CITY SOUND SYSTEM AT STARING LAKE AMPHITHEATRE: DELETED: A, B, C & D. ADDED: Non-Profit Rate: Rental -$50/hr. minimum of 2 hrs. (This includes audio technician & City sound equipment). Rental-$75/hr, minimum 4 hrs. (This includes audio technician & City sound equipment.) For Profit Rate: Audio Technician fee- $25/hr when required to monitor sound. HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MXJNICIPAL SERVICES The City Council of the City of Eden Prairie resolves as follows: INDEX SECTION 1 FEES, CHARGES AND RATES AUTHORIZED AND DEFINED SECTION 2 FEES, RATES AND CHARGES PURSUANT TO CITY CODE SECTION 3 OTHER FEES, RATES AND CHARGES SECTION 4 RENTAL FEES, RATES AND CHARGES FOR CITY FACILITIES SECTION 1. The fees, charges and rates imposed for the purposes set forth in this Resolution for licenses, permits and municipal services shall, after adoption hereof, be in the amounts set forth in the following sections. FEES, CHARGES AND RATES AUTHORIZED AND DEFINED SECTION 2. FEES, RATES AND CHARGES PURSUANT TO CITY CODE The following fees, rates and charges required to be fixed and determined by Resolution of the City Council pursuant to the City Code and for other licenses, pennits and municipal services are hereby fixed, determined and adopted as hereinafter set forth. BUSINESS LICENSES: 2.01 CIGmTTES (Section 5.35) Annual 2.04 DOGS (Section 9.07) License: Male Annual Female Annual License fee is proratable by quarters. Impounding fees: $250.00 $9.00 $9.00 $25.00 - 1st offenselyear $50.00 - 2nd offenselyear $100.00 - 3rd offenselyear Boarding fee: Euthanasia fee: $ 10.00 per day $ 15.00 2.05 DOG KJ3NNELS (Section 5.60) Commercial Annual $55.00 Private AnnUi-il $30.00* *Includes three individual dog licenses and tags. An additional $6.00 for each dog over three dogs. 2.12 LIQUOR (Chapter 4) Non-intoxicating malt liquors Annual Application Fee: On-sale Off-sale Investigation Fee Liquor On-sale Annual Investigation fee $ 500.00 $ 100.00 $ 500.00* $7500.00 $ 500.00* Liquor On-sale - fraternal clubs Annual $ 100.00 Investigation fee $ 500.00* AnnualJO% of annual on-sale fee Investigation fee $ 500.00" non fraternal clubs Liquor On-sale - wine Sunday liquor Special Events Annual application fee $2000.00 Investigation fee $ 500.00" Annual $ 200.00 Per Event $ 200.00 *An investigation fee not to exceed $500 shall be charged an applicant by the City if the investigation is conducted within the State, or the actual cost not to exceed $10,000 without prior written approval, if the investigation is required outside the State. 2.14 PEDDLERS (Section 5.37) Annual-evidence of State License $ 15.00 2.14A PAWN SHOPS (Section 5.71) Annual fee Investigation fee $10,000.00 $ 1,500.00* *An investigation fee not to exceed $1,500.00 shall be charged an applicant by the City if the investigation is conducted within the State, or the actual cost not to exceed $10,000 without prior written approval if the investigation is required outside the State. 2.15 PLUMBING LICENSES No fee - State Bondhsurance required 2.16 PUBLIC SERVICES Refuse & garbage collectors (Section 5.36) 1st vehicle Each additional vehicle Scavengers (Section 5.34) Annual $ 50.00 Annual $25.00 Annual $10.00 f '9 2.16A COMMERCIAL FERTILIZER APPLICATOR'S LICENSE (Section 5.45) 1st vehicle Each additional vehicle Annual $50.00 Annual $25.00 2.17 WATER SOFTENING & FILTERING (Section 5.42) No fee - State License required 2.18 WELLS (Section 10.04) No fee - State License required 2.19 BUILDING PERMITS (Section 10.06) TOTAL VALUATION FEE: 1 .OO to $500.00 $23.50 501.00 to $2,000.00 2,001.00 to $25,000.00 $25001.00 to $50,000.00 . $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $23.50 first $500.00 plus $3.05 each additional $100.00 or fraction thereof, to and including $2000. ' $69.25 first $2,000.00 plus $14.00 each additional $1,000.00 or fraction thereof, to and including $25,000. $391.75 first $25,000.00 plus $10.10 each additional $1,000.00 or fraction thereof, to and including $50,000. $643.75 first $50,000.00 plus $7.00 each additional $1,000.00 or fraction thereof, to and including $100,000. $993.75 first $100,000.00 plus $5.60 each additional $1,000.00 or fraction thereof, to and including $500,000. $500,001.00 to $1,000.000.00 $3233.75 first $500,000.00 plus $4.75 each additional $1,000.00 or fraction thereof, to and including $1,000,000. $1,000,001.00 &up $5608.75 first $1,000,000.00 plus $3.65 each additional $1,000.00 or fraction thereof OTHER INSPECTIONS AND FEES: Plan checking fee shall be 65% of the building permit fee if valuation is greater than $10,000. Reinspection Fee $47.00 per hour. 2.20 DEMOLISHXNG OR RAZING BUILDINGS (Section 10.05) $25.00 /6 2.21 EXCAVATION & GRADING (Chapter 33, U.B.C. 1997 & City Engineer's approval) PLAN CHECKING FEE FEE 101 to 1,000 cubic yards $39.00 1,001 to 10,000 cubic yards 10,001 to 100,000 cubic yards 100,001 to 200,000 cubic yards 200,001 cubic yards or more Other Inspections and Fees: $52.25 $52.25 or first 10,000 cubic yards, plus $26.00 for each additional 10,000 cubic yards or fraction thereof. $286.00 for the first 100,000 cubic yards, plus $14.00 for each additional 10,000 cubic yards or fraction thereof. $426.50 for the first 200,000 cubic yards, plus $7.75 for each additional 10,000 cubic yards or fraction thereof. Additional plan review required by changes, additions or revisions to approve plans: (minimum charge = one half hour) - $3 1 .OO per hour. GRADING PERMIT FEES: FEE: 101 to 1,000 cubic yards 1,001 to 10,000 cubic yards 10,001 to 100,000 cubic yards 100,001 or more Other Inspections and Fees: Inspections outside of normal business hours (minimum charge = 2 hours) Reinspection fee assessed under provisions of Section 108.8 $39.00 for the first 100 cubic yards plus $18.50 for each additional 100 cubic yards or fraction thereof. $206.00 for the first 1,000 cubic yards plus $15.50 for each additional 1,000 cubic yards or fraction thereof. $345.00 for the first 10,000 cubic yards plus $70.00 for each additional 10,000 cubic yards or fraction thereof. $975.50 for the first 100,000 cubic yards plus $38.50 for each additional 10,000 cubic yards or fraction thereof. $53.00 per hour" $53.00 each , 2.21 EXCAVATING AND GRADING (continued) Inspection for which no fee is specifically indicated (minimum charge = one-half hour) Additional plan review required by changes, additions, or revisions to approved plans (minimum charge - one-half hour) $53.00 per hour* $53.00 per hour* *or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fkinge benefits of the employees involved. 2.22 PERMIT FOR RIGHT-OF-WAY EXCAVATIONS (Section 6.07) Mainline Utility and Telecommunication Installations $17.00/100 L.F. Repair or Service Excavation Turf Area $22.75 Pavement Area $56.00 Residential Driveway Commercial Driveway All other Excavations $22.75 $56.00 2.22A WEIGHT RESTRICTIONS (Section 6.08) TurfArea $22.75 Pavement Area $56.00 Truck overweight permit fee Per Trip 2.23 FIRE PREVENTION PERMITS (Section 9.05) Special Hazard Permits - MUFC Article 4 LP gas tank (temporary heat) LP gas, flammable & combustible liquid tank installation Flammable & combustible liquid tank removal: less than 1,000 gallons greater than 1,000 gallons Tents Grease vapor removal system cleaning (per cleaning) Fireworks Burning permits, limit 2 days per week Recreational fire Fire alarm system (10.06)-based on valuation-see 2.29a) Fire Sprinkler Systems - see 2.29 (t = standby firefighters at present hourly rate) $30.00 $95.00 $25.00 $75.00 $25.00 per tank $45.00 per tank $25.00 per tent $60.00 $25.00+ $50.00 per week No fee 2.24 HEATING & VENTILATING (Chapter 10) A fee for the issuance of a permit for work and for making inspections pursuant to applicable ordinances shall be as set forth in the sections which follow, except as provided in the State Building Code. A. Job Valuation: Fee: 0 to $1,000 $20.00 $1,001 to $10,000 $10,001 to $50,000 $50,001 and up B. Gas Piping: Each opening $20.00 for the fnst $1,000 plus $1.50 for each additional $100 or fraction thereof, to and including $10,000. $155.00 for the first $10,000 plus $12.50 for each additional $1,000 or fraction thereof, to and including $50,000. $655.00 for the first $50,000 plus $10.00 for each additional $1,000 or fraction thereof. $ 8.00 C. Reinspection Fee: $47.00 D. Double fee - all work started without a permit 2.25 HUNTING & TRAPPING (Section 9.12) Landowner Resident Non-resident 2.26 INCINERATORS (Section 9.05) 2.27 MOVING A BUILDING (Section 10.05) Free $ 5.00 $10.00 $1,000 deposit each from the owners of the building and building mover. Moving a building $250.00 Moving a garage only $ 50.00 2.28 PLUMBING (Chapter 10) Fixtures - each Rough-in fixtures Setting fixtures on previous Electric water heater New ground run for existing building Sump and receiving tank Water treating device (softener) Washer openings Sillcocks For extending water lines Sewage disposal (individual) $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $150.00 2.28 PLUMBING (continued) Municipal sewer per 100 feet Municipal water per 100 feet Meter inspection and sealing Inside change over - sewer, water or both For each openings on gas Storm sewer & sub soil drains per 100 feet Gas stove Barbecue Incinerator Minimum permit fee Other Inspections & Fees: Reinspection fee Double fee - all work started without a permit 2.29 FIRE SPRINKLER SYSTEMS (Section 9.05) 1 - 5 heads $45.00 5 - 25 heads 26 - 50 heads 51 - 200 heads 201 and up $ 15.00 $ 15.00 $ 15.00 $ 15.00 $ 8.00 $ 15.00 $ 8.00 $ 8.00 $ 8.00 $ 20.00 $47.00 each $45.00 first 5 heads plus $17.00 each additional 10 heads or fraction thereof. $79.00 first 25 heads plus $13 .OO each additional 10 heads or fraction thereof. $1 18.00 first 50 heads plus $1 1.00 each additional 10 heads or fraction thereof. $209.50 first 200 heads plus $5.00 each additional 10 heads or fraction thereof. Relocate sprinkler heads, piping or appliances - fees are the same as described above for new installations. Standpipes $45.00 first standpipe plus $10.00 each additional standpipe Fire Pump $125.00 2.29a FIRE ALARM AND NON-WATER SUPPRESSION Total Valuation Fee 1 to 1,000 $45.00 1,001 to 3,000 3,001 to 10,000 $45.00 first $1,000 plus $3.00 each additional $100.00 or fraction thereof $105.00 first $3,000 plus $13.00 each additional $1,000 or fraction thereof 2.29a FIRE ALARM AND NON-WATER SUPPRESSION (continued) 10,001 to 50,000 $196.00 first $10,000 plus $7.00 each additional $1,000 or fiaction thereof 50,001 and up Plan check- 65% of permit fee 2.30 SIGNS (Section 11.70) $280.00 first $50,000 plus $3.00 each additional $1,000 or fiactionthereof Up to 30 square feet in size 3 1 square feet through 50 square feet in size 5 1 square feet to 80 square feet in size 81 square feet or over The surface of double or multi-faced signs shall be combined for the purpose of determining the amount of the fee. Charge for returning picked up signs 2.31 SEPTIC SYSTEM PUMPING (Section 10.02) $ 60.00 $ 80.00 $100.00 $125.00 $ 10.00 $20.00 2.34 COMMUNITY DEVELOPMENT FEES A Development Deposit Agreement is required for Planned Unit Developments, Planned Unit Development amendments, rezoning, platting, site plan review, guide plan changes and environmental assessment worksheets. The deposit amount is based on the following: 0 to 40 acres - $3000 41 to 80 acres - $3,500 81 + acres - $4,000 Additional funds may be required if the balance in the deposit account is inadequate to pay for all of the fees and costs incurred by the City. - PLANNED UNIT DEVELOPMENT (P.U.D.) (Section 11.40) $550 + $5/acre PLANNED UNIT DEVELOPMENT AMENDMENT $550 + $5/acre 2.35 ZONING (Section 11.77) Residential 0-10 Units - $350 + $5/Unit 11 or more - $450 + $5/Unit 0-3 acres - $350 + $25/acre 3.1 or more acres - $450 + $25facre Commercial, Industrial, Office, Public 2.36 2.37 2.38 2.39 2.40 PLATTING (Section 12.04) Residential 0-10 units - $360 + $5lunit 11 or more - $460 + $5lunit 0-3 acres - $360 + $26lacre 3.1 or more acres - $460 + $26lacre Commercial, Industrial, Office, Public SITE PLAN REVIEW (City Council) Multi-family 0-10 Units - $350 min + $51~~3 11 or more units - $450 min + $5lunit 0-3 acres - $350 + $25/acre 3.1 or more acres - $450 + $25lacre Commercial, Industrial, Office, Public SITE PLAN REVIEW (Administrative) $250.00 CASH PARK FEES (Section 12.40) Single family unit All other residential Office, commercial, industrial $2300.00 $2300.00/unit $6600.00/acre SHORELAND MANAGEMENT ORDINANCE PERMITS (11.50) Temporary structure in public waters Change in structure in public waters Multiple dock or dock in excess of 75' $ 50.00 $ 50.00 $ 50.00 SYSTEM ACCESS CHARGES- Utility Charges (Section 3.02) A. For Metropolitan sanitary sewer: as established by the Metropolitan Waste Commission B. Sanitary Sewer: Residential - $520.00 per R.E.C. Industrial, Public, Office - $895.00 per Metro SAC Commercial - $1270 per Metro SAC C. Water: Residential - $2190 per R.E.C. Industrial, Public, Office - $2830 per Metro SAC Commerical- $3470 per Metro SAC USER CHARGES A. Sanitary sewer - $1.95 per 1,000 gallons subject to minimum of 4,000 gallons per quarter per R.E.C. . B. Water - $1.25 per 1,000 gallons subject to a minimum of 4,000 gallons per quarter per R.E.C. C. The minimum monthly use charge for uses other than residential shall be the same as 1 R.E.C. D. A residential equivalent connection (R.E.C.) is one dwelling unit. 2.40 USER CHARGES (continued) E. In addition to the charges in A., B., C. and D. each R.E.C. will be billed $6.25 fixed charge for water and $6.25 fixed charge for sewer per quarter. Fixed charges are billed on the greater of the number of R.E.C.'s on connections. F. Unmetered residential sewer only use charges are $26.00 per quarter per R.E.C. plus a $6.25 fixed charge. G. Penalty for billed charges: 1% per month on account not paid within 30 days of billing. H. Administration fee: A $40.00 flat charge is added to the current balance due to obtain the total certified amount. I. Storm drainage fees: Land Use: Single-Family Homes Multi- familylApartments Industrial CommerciallOffice Institutions AirportlLandfill Undeveloped Land Ouarterly Fees: $3.00lEach $29.70lAcre $29.70lAcre $3 8.07lAcre $33.6GlAcre $ 7.38lAcre $lO.OO/Each J. Residential customers are subject to a water conservation surcharge of $1.00 per 1000 gallons for usage exceeding 150% of winter quarter use or 150% of 24,000 gallons per quarter, whichever is greater, not to exceed $100.00 per quarter. K. Surcharges for non-compliance with lawn irrigation restrictions and prohibitions: Per occurrence $25.00 2.41 WATEIUSEWER CONNECTION FEE (Section 3.07) A. In addition to applicable charges listed above, a connection fee of $13,130.00 per single unit is applicable if the property has not participated in the cost of the utilities by other methods. 2.42 FIRE HYDRANT USE/METER FOR CONSTRUCTION AND IRRIGATION A. Permit fee $30.00 B. Fire hydrant damage deposit $200 (applied to the fmal bill) C. 3" meter deposit $400 (refundable) D. All other meter deposits $100 (refundable) 2.43 WATER FLOW TEST FOR 5/8" METERS $25.00 When consumption is challenged by a customer & the meter is accurate. 2.44 2.45 2.46 2.47 WATER SERVICE TURN ON/OFF $25.00 After the initial turn on, any non-emergency odoff request by a commercial lending institution, government agency (HUD), or private property management service. NEW CONSTRUCTION COLIFORM BACTERIA RESAMPLING T & M-- based on actual laboratory costs, employee time and utility truck rental rates. These costs are above and beyond the initial sampling costs and are directed at projects that have multiple failures. NEW CONSTRUCTION MECHAMCAL REINSPECTIONS T & M--directed at projects that require multiple visits to complete initial inspection. Same criteria as coliform resampling. TELECOMMUNICATIONS (Section 11.06) Commercial Wireless Communications towers andlor antennas: Administrative fee (towers andlor antennas meeting code located on private property) Letter of Intent Fees: (towers andor antennas on City property) Non-refundable fee Deposit for legalkonsultant costs $250.00 $2,000.00 $1,000.00 Additional funds may be required if the balance in the deposit account is inadequate to pay for all of the fees and costs incurred by the City. Variances required for tower andor antennas See Com. Dev. Fees Site Plan Review required for tower andlor antenna See Com. Dev. Fees SECTION 3. OTHER FEES, RATES AND CHARGES 3.01 3.02 3.03 GUIDE PLAN CHANGE $500 + Wacre ENVIRONMENTAL ASSESSMENT WORKSHEET (E.A.W.) $300 + $5/acre ENGINEERING SERVICES TO LAND DEVELOPERS For consultations, utility and street plans and specifications, general and final inspections of improvements and special assessment division. Final Plat: Residential - $47.50/unit (minimum $300.00) Commercial, Industrial, Office and Public - $115.00 per acre (minimum $300.00) Plus cost of review by special consultants necessary as determined by the City Manager. Deposit required. release of Plat. Paid prior to Administrative Land Division: $61.00 Final Plan Review, contract Administration and Inspection Review: Fee determined by multiplying 5% times total construction cost of public &astructure improvements (excluding grading costs), subject to approval of City Engineer. Payable prior to construction start-up. Not applicable to projects built by City through special assessment. Street lighting fees for new subdivisons are charged at prevailing NSP rates and collected for 36 months at time of final plat. Street Signs: Street Name Sign (incl. Install w/12' post) 6"x6" Street Name Sign (incl. Install w/12' post) 6"x9" Street Name Sign (incl. Install w/12' post) 9"x9" Temporary Street Name Sign* *(plus 15% surcharge for maintenance until Stop Sign (incl. brackets, install, no post) 30"x30" Stop Sign (incl. brackets, install, with post) 30"x30" No Outlet (incl. post & install) 24"x24" 9 Button Delineator-Red (incl. post & install) 9 Button Delineator-Red (incl. breakaway post & install) Keep Right Symbol (incl. 9 button de1in.-Yellow, no post) Keep Right Symbol (incl. 9 button de1in.-Yellow, install, post) Keep Right Symbol (incl. 9 button de1in.-Yellow, install & Future Road Extension Advisory (incl. 2 posts & install) 36'x30" No Parking - Use for Turn-Around (incl. post & install) Other: permanent signs in place) breakaway post) 3.04 PUBLIC RIGHT-OF-WAY OR EASEMENT VACATION FEE Application fee per each transaction for vacating the City's interest in real property, including right-of-way and easements (for consultation, review, notice mailing, publication of notice, and recording). $196.00 $219.00 $236.00 $146.00 $119.00 $142.00 $109.00 $ 99.00 $1 19.00 $1 19.00 $142.00 $164.00 $229.00 $123.00 $147.00 $240.00 3.05 ZONING AMENDMENT AND ZONING APPEAL (Appeal to Board of Adjustments and Appeals) Zoning amendment: $200.00 Variances: Residential (includes residential zoned properties for new $275.00 construction, building additions, decks, porches, garages, accessory structures and variances fiom all chapters of the City Code.) Other (includes variances associated with properties zoned office, industrial, commercial and residential. $450.00 Building or Fire Code Appeal: $200.00 3.06 SPECIAL ASSESSMENT SEARCEES $16.00 per parcel for non-residents. No charge for Eden Prairie residents on searches of their homesteaded property. 3.07 MAPSANDPRINTING No fee for 1st map per resident, distributed at customer service desks. $ .50 for each additional map per resident, distributed at customer service desks. $ .50 per square foot for miscellaneous printing. $5.00 each for small size (2' x 3' or less) City maps. $9.00 each for large size city maps. $1 1 .OO each for 112 section overlay composites. $12.50/acre for Mark Hurd Co. topography maps previously purchased by the city, except $9.00/sheet if top0 map purchased by other than City and with original purchasers permission. New order through Mark Hurd Co. - their original charge plus $.50/acre $20.00 CD ROM specifications Duplicating costs: $.25 per page, plus postage, if any. $75 annual charge for City Council minutes (pro-rated) $50 annual charge for Planning Commission minutes (pro-rated) $24 annual charge for City Council agendas (pro-rated) $24 annual charge for Planning Commission agendas(pr0-rated) 3.08 FIRE DEPT FEES AND CHARGES: These fees will be imposed on any response in which the the victim is not an Eden Prairie taxpayer. Engine Company - $150.00 per hour Ladder Company - $200.00 per hour Rescue, Grass Rig, or Rescue Boat - $100.00 per hour Specialized Personnel (Chief Officer, Investigator) - $50.0O/hour Tools/supplies used (non-reuseable) - at cost Firefighter supplemental employment - $35 per 3 hr block, 3 hr min. 3.09 FALSE ALARM FEE 4th false alarm 5th false alarm 6th & up false alarm Each user is allowed three false alarms per calendar year without penalty. 3.10 POLICE DEPARTMENT FEES: Bicycle License Data Processing, non-standard report Data Processing, standard reports Duplicating, audio recording Duplicating, documentation Fingerprinting Fingerprinting Photograph, booking Photograph, booking Photograph, other Postage Report Non-Resident Report Non-Resident Report Resident Report Resident Transcibe, Audio Tape Police officer supplemental employment $100.00 $200.00 $300.00 $ 10.00 $50.00 per hr, min 1 hr $20.00 $ 10.00 $ 0.25 per standard page $ 10.00 up to three cards $ 5.00 additional card $20.00 standard $10.00 digital image $10.00 plus actual cost $ .OO actualcost $ 3.00 firsttwopages $ .25 additionalpages $ .OO additional pages $ .OO firsttwopages $25.00 per hr, min 1 hr $40.00 per hr, min 3 hr 3.11 ASSESSING DEPARTMENT FEES Value Abatement fee - $25.00 per parcel per year Copy of AppraisaVField Card = $2.00 Electronic copies of Data Bases: $200 basic set-up charge* Plus $100 LOGIS set-up charge* Plus $ .05 per record Plus media charges Printed copies of reports or databases: $200 basic set-up charge* Plus $ .25 per page Electronic copy of reports: Plus $ .05 per record Plus media charge $200 basic set-up charge* *prepayment required for all set-up charges 3.12 CITY CODE City Code - bound copy = $5O.OO/original, $25.00 per year for maintenance. I City Code - Chapter 11 & 12 $10.00 3.13 TAX EXEMPT FINANCING CHARGES $2000 application fee per each transaction 1/8 of 1% on the unpaid principal balance at the end of each 12 month period. This charge is effective for all new projects receiving council authorization on or after March 1, 1991 for the issuance of revenue authorization and for all existing projects which require council authorization on or after March 1, 1991, relating to any aspect of the financing. ' This resolution has no effect on projects currently responsible for a fee pursuant to Resolution No. 85-135 and its subsequent reauthorizations. 3.14 RADIO SERVICE FEES: Radio Maintenance: Monthly Mobile Radio fee: $5.50 Portable Radio fee: $5.50 Telemetry Radio fee: $5.00 Telemetry Interface fee: $5.00 Annual $ 66.00 $ 66.00 $ 60.00 $ 60.00 Labor Charges: Remlar Hours Nightsmeekends Installation fees: $50.00 $75.00 Non-included services $50.00 $75.00 SECTION 4. RENTAL FEES, RATES AND CHARGES FOR CITY FACILITIES PRIORITY RENTAL CLASSIFICATIONS: A. B. C. D. CITY GOVERNMENT - Any activity related to the operations of Eden Prairie's City Government including, but not limited to, City Council, Board and Commission meetings, City programs and events, City sponsored public meetings, as well as State and County related committees, including Minnesota's federal and state reppesentatives. People Reaching Other People (PROP) shall shall be included as the City's non-profit social services/food shelf agency. This group will not charged. COMMUNITY GROUP I - Eden Prairie Athletic Associations, Eden Prairie Independent School District 272, public agencies and Eden Prairie based civic groups, religious organization, youth organization and other groups which contribute to the well being and betterment of the community. A civic, non-profit or resident group is considered Eden Prairie based, if it has at least 75% of its membership roster residing in the City. COMMUNITY GROUP I1 - Eden Prairie based.businesses and commercial organizations and Eden Prairie residents who wish to use the facilities for personal use, such as family gatherings, parties, etc. NON-COMMUNITY GROUP 111 - Non-resident individuals and groups. I Eden Prairie residents and businesses may not make reservations for non-residents and non-Eden Prairie based CITY RENTAL FACILITIES: AMPHITHEATRE - located at Staring Lake Park CITY CENTER - meeting rooms, conference room, a traditional training room, and the Council Chambers COMMUNITY CENTER - ice arenas; standard size rink and Olympic size rink, meeting rooms, racquetball/wallyball courts, and swimming pool OUTDOOR CENTER - located at Staring Lake Park PARK PAVILIONS & SHELTERS - Round Lake Park Pavilion, Homeward Hills Park Shelter, Round Lake Park Shelter, Staring Lake Park Shelter and Miller Park Shelters SENIOR CENTER - community room, meeting rooms, and the work shop (available with supervision according to wood shop regulations) WARMING HOUSES - located throughout the City 4.01A COMMUNITY CENTER RENTAL FEE SCHEDULE Facility Ice Arena Meeting Rooms Racquetball Wallyball Courts Swimming Pool Capacity: 268 Facility Information Rink #I-Standard Size Rink Rink #2-Olympic Size Rink Prime Time: 2-1 1 pm, Monday-Friday, weekends, holiday & non-school days Non-prime Time: before 2 pm and after 11 pm, Monday-Friday Summer Rates: effective June 9- August 31 Summer Non-prime Time: 1 Ipm - 6 am (with applicable tax) Room A Room B Room C Upper Lobby Free with membership Prime Time: 8 am-5 pm, Monday-Saturday and noon-5 pm on Sundays Non-Prime Time: 5-9 pm, Monday-Sunday Discount Rate: 9-1 1 pm, Monday-Sunday Group I Public Agencies Non-Profit & Civic Organizations $142.50/hr prime time (Jan 1 -June 9) $142.50/hr prime time (Sept 1 - Dec 31) $105/hr non-prime time $120/hr (prime time summer rate) $105/hr (non-prime time summer rate) $5.00/hr* $5.00/hr* $5.00kr* No charge $5/hour/person (resident) $15/hour/court (wallyball) $55/hr (Jan 1 - Dec 31) $45.00/hr non-prime time (Jan 1 - Dec 31) 40.00/hr discount rate (Jan 1- Dec 31) Group I1 Eden Prairie Residents & Businesses $142.50/hr prime time (Jan 1 -June 9) 142.50/hr prime time (Sept 1 - Dec 31) $105/hr non-prime time $120/hr (prime time summer rate) $105/hr (non-prime time summer rate) $15/hrprimetime $10/hr non-prime** $15/hr primetime $lO/hr nowprime** $20/hr primetime $15/hr non-prime** $5/hour $5/hour/person $15/hour/court (wallyball) $55/hr (Jan 1 - Dec 31) $45.00/hr non-prime time (Jan 1 - Dec 31) $40.00/hr discount rate (Jan - Dec 31) Group III ion-Resident Individual! & Businesses $142.50/hr prime time (Jan 1 - June 31) $142.50/hr prime time (Sept 1 - Dec 31) $105/hr non-prime time $120/hr (prime time summer rate) $105/hr (non-prime time summer rate) $20/hr primetime $15/hr non-prime** $20iliour primetime $1 5hr non-prime** $25/hr primetime $20/hr non-prime** $lohour $5/hour/person $15/hour/court (wallyball) $55/hr (Jan 1 - Dec 31) $45.00/hr non-prime time (Jan 1 - Dec 31) $40.00/hr discount rate (Jan 1 - Dec 31) *Eden Prairie Athletic Associations receive one free meeting room use per month at no charge. **7:00 a.m. to 3:OO p.m., Tuesday through Thursday. User group must purchase room for minimum of 30-hour time block. Each time block must be a minimum of 2 hours in length. Request must be submitted to Community Center Manager or Customer Service Representative a minimum of two weeks prior to requested date. Times and dates must not conflict with an existing program or activity. City programs have priority for booking the meeting room facilities. ***All Eden Prairie Associations will be charged $15.00h for team parties or team activities where food and beverages are provided as part of the activity. Group I (Public Agencies, Non-Profit & Civic Organizations) will still be charged $5.00/hr for all other meetings. SPECIAL ICE RATES: School District 272 ice rate for physical education classes = $52.50/hour (50% of non prime time ice rate) School District 272 hockey games =prime time rate. Personnel required to run the games supplied by others - City Individual open skate fees: keeps the gate minus ice time and personnel costs. User Classification Members Non Members Adults (ages 19 & up) Free $3.50 Youth (ages 5 to 18) Free $2.50 Family Free $6.00 Senior Free $2.00 Tot (ages 4 & under) Free $2.00 LIFEGUARDS: Lifeguards must be added as follows at the rate of $12/hour: . one to 50 swimmers - second lifeguard required . 51-100 swimmers - third lifeguard required . 100 or greater - additional lifeguards will be determined by management depending on group size and SPECIAL POOL RATES: Eden Prairie School District 272 for physical education classes based on prime time rate for 5,490 total square feet. Lifeguard Training Class with Eden Prairie High School Physical Education Department = $95/student ($1,000 minimum) when course is conducted by City Staff. Swim Meets: $55/hour. INDIVIDUAL OPEN SWIM FEES; User Classification Member Non-Member Adult (ages 19 & up) Youth (ages 5 to 18) Tot (ages 4 & under) Family Senior Free Free Free Free Free $3.50 $2.50 $2.00 $6.00 $2.00 (Children 6 and under must be accompanied in the water by an adult) FITNESS CENTER Free with membership $50/hour for rental of entire space $3.50 for non-member individual use (must be age 14 and up to use Fitness Center) 0 Meeting room rentals may be booked three months in advance. 0 Ping Pong Table with room rental includes meeting Room A and one table with equipment an add'l $10/2 hours. Meeting room may be reserved only within one week. Additional table with equipment = $5/2 hours. LOCKERS: There is no charge for lockers, but members/guests may provide their own lock. MEMBERSHIPS: All memberships are valid for a 12 month period from the date of purchase. Membership Classification Residents (live or work in EP) Non-Residents Youth (1 8 & under) Household Senior (62 &up) Adult (1 9-6 1) $85.00 $160.00 $230.00 $ 80.00 $120.00 $210.00 $300.00 $105.00 Senior Citizens must be 62 or older to receive the following discounts for their own individual programs at the Eden Praiiie Community Center: 0 0 0 50% off the cost of an adult membership. 25% off the cost of all individual Community Center recreation programs offered by the City of Eden Prairie to Senior Citizens are not required to have a membership at the Community Center in order to receive the 25% include: lessons, classes, open swim, open skate, racquetball, fitness center and table tennis. discount on Community Center recreation programs. Corporate memberships are available on request. To be eligible for a corporate membership a company must be located in Eden Prairie. Fee for corporate membership is $7OO/year, in which the corporation would receive five adult membership, or a fee of $140/person for an adult membership in which five is a minimum number that may be a member in order to get the corporate membership rate. POLICY OF GROUP RATES AND LIABILITIES: Supervision will be at the discretion of the Community Center management. This will be based on the number of people to be using the center, as well as the age and type of group. a. Lock-In - 11 p.m. to 5:30 a.m. 0 0 0 0 0 Ice Rental - $60/hour (2 hour minimum) Pool Rental - $4O/hour (2 hour minimum)+ $12.00/hr per lifeguard required. Racquetball courts (3) - $40/hour (2 hour minimum) (each court $15/hour for individual use) Fitness Center - $50 (1 1p.m. to 5:30 a.m.) Room Rental - Meeting Room A, By C $200 maximum (1 1 p.m - 5:30 a.m.) Individual room use: Room A -$15/hour, Room B-$15/hour, Room C-$2O/hour. Lock-In Groups will be charged an additional $1 per person for groups greater than 150. Personnel Costs: The above rates include one building supervisor. Lifeguards at $12/hour: 1-50 participants - 2 lifeguards required 51-100 participants - 3 lifeguards required 100-plus participants - 4 plus lifeguards; additional lifeguards determined by management depending on group size and ages. Equipment rental available at established rental rates. Maximum use of pool-200 participants at one time. b. GROUP RENTALS Groups of 30 or greater will receive the following discounts off open swim or open skate fees with room rental. As well, groups of 100 or greater will receive the following discount with or without a room rental. Adult (ages 19-61) $3.00 Youth (ages 5-18) $2.50 Tot (ages 4 & under) $1.50 Family $5.50 Senior (ages 62 & over) $1.50 Lock-In Groups will be charged an additional $1 per person for groups of 150 or greater. See other fees and charges: EQUIPMENT RENTAL TVNCR Cabinet - $1 5luse Flip Chart - $ 101chaduse Overhead Projector - $1 5luse Projector Screen - $10luse Ping Pong Tables - $5ltableluse Racquetball Racquets - $2lracquet/per use Ice Skates - $ llpairluse Free to Eden Prairie nonprofit service organization groups. 4.01B OAK POINT POOL RENTAL FEE SCHEDULE FACILITY SWIMMING POOL Capacity 248 Large-173 Small-75 FACILITY INFORMATION PRIME-TIME: 8 AM-5 PM, Monday-Saturday and noon-5 pm Sundays Non-Prime Time: 5-9 pm, Monday -Sunday Discount Rate: 9-1 1 pm, Monday-Sunday GROUP I PUBLIC AGENCIES, NON-PROFIT & CIVIC ORGANIZATIONS $55/hr (Jan 1 - Dec 31) 45.00hr non-prime time (Jan 1 - Dec 31) $40.00/hr discount rate (Jan 1 - Dec 31) GROUP I1 EDEN PRAIRIE RESIDENTS & BUSINESSES $55/hr (Jan 1 - Mar3 1) Lifeguards must be added as follows at the rate of $12kour: 0 0 0 Small slide pool rental only, requires a minimum of 3 lifeguards. Large pool rental only, requires a minimum of 2 lifeguards. Rental of entire pool facility requires a minimum of 5 lifeguards. Additional lifeguards will be determined by management depending on group size and age. GROUP I11 NON-RESIDENT 'INDIVIDUALS & BUSINESSES $55ihr (Jan 1 - Dec 31) $45.00ihr non-prime time (Jan 1 - Dec 31) $40.00/hr discount rate (Jan 1 - Dec 31) 4.02 SENIOR CENTER RENTAL FEE SCHEDULE GROUP I NON-PROFIT& CIVIC ORGANIZATIONS $15 hour plus building aide # 1 $10 hour plus building aide # 1 PUBLIC AGENCIES, $10 hour plus building aide # 1 $25 hour plus building aide # 2 GROUP I1 GROUP I11 RESIDENTS AND INDIVIDUALS AND BUSINESSES BUSINESSES $20 hour plus $35 hour plus building aide # 1 building aide # 1 $15 hour plus $20 hour plus building aide # 1 building aide # 1 EDEN PRAIRIF. NON-RESIDENT $15 hour plus building aide # 1 $35 hour plus building aide # 2 $20 hour plus building aide # 1 $45 hour plus building aide # 2 ROOM ROOM 201 ROOM 203 ROOM 209 COMMUNITY ROOM ROOM INFORMATION Approximately 40 theater style, 25-30 tables Approximately 25 theater style, 15 to 20 table seating Approximately 10-15 Maximum capacity approximately 90 theater style LOUNGE 50 table seating Approximately 20 $10 hour plus building aide # 1 *Building Aide-The building aide charge is $lohour, minimum of 2 hours. 1 - $20 set up charge for classroom 2 - $35 set up charge for Community Room 3- $25 cleaning deposit $1 5 hour plus building aide # 1 $20 hour plus building aide # 1 4.03 BOAT & MARINA RENTAL FEE SCHEDULE $25 hour plus building aide # 3 $30 hour plus building aide # 3 Boat Rental Rate bv Half Hour Maximum Capacity Minimum Age $40 hour plus building aide # 3 Canoes $3.50 Rowboats $3.50 Paddleboats $3.50 Sailboats $3.50 KITCHEN 3 12 year 3 12 year 2 or4 12 years 2 12 years Limited Canoe Rack Storage - $45lracMseason 4.04 PARK FACILITIES RJ3NTAL FEE SCHEDULE BUILDING (DECEMBER 1 - GROUP IJI NON- RESIDENT INDIVIDUALS & BUSINESSES N/A N/A N/A N/A N/A N/A N/A N/A N/A Full day rates only on Saturday and Sunday. No private group of over 300 will be allowed to reserve facilities at any park. (Maximum number at Staring Lake Park will be 150.) BALLFIELD TOURNAMENTS: Ballfield reservations are limited to Eden Prairie non-profit public service groups for weekend tournaments at no charge. Groups will be provided with hand drags, rakes and liners with a $100 deposit. The fields will be dragged at the start of each day, however, if the group requests the City to provide field maintenance the cost will be: $65 per field per day for State, Regional and National Tournaments. $40 per field per day for other types of youth and adult tournaments. $10 per field additional charge when lights are used. $1 10 per field set-up for new soccer field for tournament. 4.05 PLEASANT HILLS CEMETERY FEES Lot Fee - $400 - Resident (20% Perpetual Care & 80% Maintenance) $600 - Non-resident Internment Fee - $200 Infant Burials $325 Casket Burials $150 Cremation Burial Ground Thawing Fees - November 1 - April 1 $50 Infant, Cremation and casket burials Set Grave Markers - $50 - Single $100 - Double 4.06 USE OF CITY SOUND SYSTEM AT STARING LAKE AMPHITHEATRE Use limited to Groups I & I1 of the Priority Rental Classification. 0 Non-Profit Rate: Rental $50/hr., minimum of 2 hrs. (This includes Audio Technician & City sound equipment.) 0 For Profit Rate: Rental $75/hr., minimum of 4 hrs. (This includes Audio Technician & City sound equipment.) 0 Audio Technician $25/hr when required to monitor sound. 4.10 CITY CENTER MEETING ROOMS & COMMUNITY ROOMS RENTAL FEES Group I Non-profit & Civic Organizations Limited Set-up $15 hour Maximum capacity = 40 Maximum capacity = 100 $25 hour Maximum capacity = 200 $40 hour Standard Class Room $20 hour Beverages & Snacks Only Maximum capacity = 40 Standard Conference = 18 After 4:30 - 10 p.m. Monday - Friday Limited Availability City Priority Restricted Use Standard Set-up $50 hour No FoodBeverages AV Technician Required, w/Extra Charge Standard Conference = 10 After 4:30 - 10 p.m. Monday - Friday Limited Availability City Priority Standard Conference = 6 After 4:30 - 10 p.m. Monday - Friday Limited Availability City Priority Standard Conference =10 After 4:30 - 10 p.m. Monday - Friday Limited Availability City Priority Limited Availability After 4:OO - 10 p.m. Monday thru Friday w/Special Arrangements Capacity = 100 Room Information Public Agencies, $10 hour $10 hour $10 hour $10 hour $25 hour Room Group II Eden Prairie Individuals and Businesses $25 hour $35 hour $50 hour $30 hour $1 5 hour Restricted Use $60 hour $15 hour $1 5 hour $1 5 hour $35 hour HERITAGE ROOM (One quarter) * HERITAGE ROOM (Half) ** HERITAGE ROOM (Whole) *** TRAINING ROOM * PRAIRIE ROOM COUNCIL CHAMBER ATRIUM I CONFERENCE ROOM ATRIUM I1 CONFERENCE ROOM ATRIUM 111 CONFERENCE ROOM LOWER ATRIUM Standard Room Set Up is included in the Fee. Additional Set Up charges will be incurred for special room arrangements: * $25 set up charge ** $50 setup charge *** $100 set up charge All rooms must be vacated by 1O:OO p.m. Group III Non-resident individuals and businesses $35ihour $45 hour $75 hour $40 hour $20 hour Restricted Use $75 hour $20 hour $20 hour $20 hour $45 hour The Heritage Room is an official Emergency Shelter for the City Center. Reservations may be rescheduled or canceled in case of emergency. Reservation fees will be returned accordingly. Garden Room Fee Schedule Group I Group II Public Agencies, Eden Prairie Non-profit & Residents and Civic Organizations Businesses Garden Room With meal service - $300/ first 4 hours Catering Charge Only $50/hour each add'l hour, plus catering charge Group III Non-resident Individuals and Businesses $400/first 4 hours, $75/hour each add'l hour, plus catering charge Audio-visual Equipment Fee Schedule I Charge Dry Erase Board (3' x 5') with markers I $7.50 Building Supervisor Charges $5.00 per hour; Monday - Thursday, 5:OO p.m. - 1O:OO p.m. $1 0.00 per hour; Weekends Custodial Charges $25.00 per hour. Time and a half will be charged on weekends. Fees not stated in this Resolution may be set by the City Manager. All Resolutions of the City of Eden Prairie, Minnesota, relating to fees heretofore adopted are hereby repealed. ADOPTED, by the City Council of Eden Prairie this 18th day of December, 2001 , to be effective the 1st day of January, 2002. Jean Harris, Mayor ATTEST: Kathleen Porta, City Clerk ~~ ~ CITY COUNCIL AGENDA SECTION: Consent Calendar SERVICE AREA/DIVISION: Parks and Recreation Stuart A. Fox Manager Parks & Natural Resources ITEM DESCRIPTION: Tax Forfeited Lands DATE: December 18, 2001 ITEM NO: no 0 Requested Action Move to: Adopt the Resolution authorizing the disposal of tax forfeited lands listed on Hennepin County ConservatiodNon Conservation List No. 1179. Synopsis Attached is a list fiom Hennepin County certified as conservatiodnon conservation classification list No. 1179 - CNC. This property has been pronounced tax forfeit to the State of Minnesota for non payment of property taxes. As provided in State Statute 282, Hennepin County has requested the City to make a recommendation as to the disposal of these parcels of land. The City has the option to approve the parcels for public auction, approve the parcels for sale to an adjacent property owner, withhold the property fiom auction for one year, or request conveyance of the property to the City for various public usages. The parcels of property are described as follows: Parcel 1 2 3 4 5 6 PIN Description 04-1 16-22-31-0026 10-1 16-22-21-0072 04-1 16-22-34-0069 14-1 16-22-12-0026 Outlot A, Edenvale 1 l* Addition Outlot A, Forest Hills Sth Addition Outlot B, Raven Ridge Lot 21, except parts platted as €US #895 Idelwild Lake Additon and Andersons Idelwild in Auditors Subdivision # 335 Outlot B, Windfield 31d Addition Outlot C, Windfield 3rd Addition 18- 1 16-22-3 1-0070 18-1 16-22-31-0071 Pending Specials $232.86 None $65.53 None None None City Council Agenda 12/18/01 Tax Forfeited Lands Page 2 Background Maps for each of these parcels are attached to this memo detailing the area encompassed by the tax forfeiture. Parcel 1 Parcel 2 Parcel 3 Parcel 4 Parcel 5 & 6 Attachments : Staff would highlight each of the parcels as follows: This is a parcel of land in the Edenvale Subdivision that was originally set aside for trail connections between adjacent'parcels of land. The association that was originally setup to maintain trails and other amenities is no longer actively involved in the Edenvale PUD and; therefore, staff would recommend this parcel of land become park property. It would be extremely difficult to subdivide the property and have it disposed of equally to all the adjacent property owners. This is an outlot that was created as part of Forest Hills 8th Addition and contains the storm water pond for that subdivision. It appears that this parcel of land was to become City land when the development was completed; however, the property was retained by the developer and has gone tax forfeit. The City recommends acquiring this piece of property for flood control. Is a outlot slightly over three quarters of an acre in size adjacent to Edenvale Boulevard and bounded by two townhouse developments. Staff would recommend that this land be placed on the auction block to see if a developer or the adjacent associations are interested in purchasing the property. This is a parcel of land that is actually in Lake Idelwild. Staff would recommend acquiring the property since it is under water and not a buildable parcel. These are two very narrow parcels of land adjacent to the public street Erin Bay. The City of Eden Prairie currently owns the outlots adjacent to each of these parcels and would recommend that the parcels be acquired from Hennepin County as an extension of the park and open space property in this area adjacent to Rice Marsh Lake. Resolution ConservatiodNon Conservation List 1 179 Maps for the Tax Forfeited Properties SAF:mdd CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MIMYESOTA RESOLUTION NO. A RESOLUTION AUTHORIZING THE DISPOSAL OF TAX FORFEITED LAND WHEREAS, the City of Eden Prairie has received from the County of Hennepin ConservatiodNon- Conservation List 1 179-NC, which lists six (6) properties in said municipality whichhave become property ofthe State of Minnesota for nonpayment of real estate taxes, (list attached), and WHEREAS, provided in Minnesota Statute 282, the City Council is asked to determine the disposal of these parcels of land, and WHEREAS, the City can approve the parcels for public auction, or approve sale of the parcels to adjacent landowners, or request conveyance to the City for public use without monetary consideration, orrequest that the parcel be withheld fiom public auction for one year. 'NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie does request the Board of Hennepin County to approve the disposal of these parcels in the following way: The properties be classified as non-conservation land. The following parcel of land be sold at Public Auction: PIN 04-1 16-22-34-0069 with pending specials totaling $65.53 The following parcels of land to be conveyed to the City of Eden Prairie: . PIN 04-1 16-22-3 1-0002 with pending specials totaling $232.86, parcel to be used for park/open space purposes. PIN 10- 116-22-21-0072 with no pending specials, parcel to be used for flood control/open space. PIN 14-1 16-22-12-0026 with no pending specials, parcel to be used for open space purposes. PIN 18-1 16-22-3 1-0070 with no pending specials, parcel to be used for park/open space purposes. PIN 18-116-22-31-0071 withno pending specials,parcelto beusedforparWopenspacepurposes. ADOPTED by the City Council of the City of Eden Prairie this 18th day of December 200 1. Jean L. Harris, Mayor ' ATTEST: 1 Kathleen Porta, City Clerk 3 a 4 C 4 n z 4 c 2 5g P < 0 0 0" w (A 1 4 z . e m 4 2 .. 6 .... ......... h 3 &.. s E r m P -0 I O -i 0 "JJ D 218.11 51'00 +.- .. ..... .. - .. I: 8 CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM DESCRIPTION: Approve architectural services agreement for improvements at the Smith-Douglas- More House, 8 107 Eden Prairie Road DATE: 12/18/0 1 ITEM NO.: pi 1-K SERVICE AREA/DIVISION: Community Development Donald R. Uram David Lindahl John Gertz Requested Action Move to: 0 Approve architectural services agreement with MacDonald and Mack Architects, Ltd., for improvements at the Smith-Douglas-More House, located at 8 107 Eden Prairie Road. Synopsis Three proposals for architectural services were submitted to the City. Services include schematic design and preparation of construction documents for the exterior restoration and kitchen addition. Proposals were submitted by the Leonard Parker Associates Architects, Inc.; Miller-Dunwiddie Architects Inc.; and MacDonald and Mack Architects, Ltd. A summary of proposal bids is attached. Staff recommends accepting the proposal submitted by MacDonald and Mack Architects, Ltd., and approve the architectural services agreement. Background On July 18, 2000, the City Council adopted the Heritage Preservation Commission’s (HPC) recommendation to reuse the Smith-Douglas-More House for a commercial use. On June 28, 2001, Chris Eilers, President of Dunn Brothers Coffee, met staff at the house to tour the site. Following the visit, Mr. Eilers notified the City of his interest in the house as a location for a Dunn Brothers Coffee. August 7, 2001, the City Council was informed of Dunn Brothers’ interest and directed staff to negotiate with D& Brothers on conversion of the house to a commercial use as a coffee house. Dunn Brothers has provided a budget estimate for costs they would assume for completion of the tenant-ready space. Their estimate is based on what they typically spend on developing a property that is fully up to code for commercial use. The City will be responsible for delivering the property fully compliant for such a commercial use, making the necessary structural, building code, and accessibility improvements. Attachments Architectural Services Agreement Summary of Proposal Bids Dm Brothers Coffee Estimate, August 28,2001 1397 EDITION This document has Important Consultation with an attorney is tnmca&l with respect to it5 4 dWaf Decembet , legal consequences. ' &. G il E E M E 111 T made as ofthe Eighteenth .r !fa 1 campletlon or modificatlon. k? I E t W E t N &e Anchitect's client identified as the Owner: $%tm+ adr&wr OJhK infomudion) City of bdes' Prairie City &n#;r, 8080 Urchell Road Eden Pratrie, Mw 55344-2230 Jnhm cze 3l s . .* TABLE OF ARTICLES '1.1 lNltlAl )NFORMATION l.2 RESWNSlIilLlTlES OF THE . -._ 9, PARTIES L I. '13 TERMS AND CONDITIONS (Name uddiers bth infirmation) II-4 SCOPE QF SERVICES AND ad &eM$ OWES SPECIAL TERMS AND CONDITIONS I:' 1.5 COMPENSATION LANG PAIJLY GREGERSON . . I- : 13/01 15:51 FAX 612 349 6718 - :5112/2801 14: 52 6123375843 MAcwuc?LD8Mpxx @ 003 PAGE 03 m *:3(A . .I - .. u9.a The mcid parameters are 8s fbll0wS. ' ,I Amount af the Owner's overall budget for the kojecl, including the hhitect's '. cornpensdin, is: N/A cOanpenMtim, is: The eetimated Cafietructin cpst fs approximately $250,000 EO $55Q,OOO. 3 Amaunt of the Owner's budget for the Cost of the Wotk, excluding the Archited's . :.;,2,$ The tinre parameters an: (Jdsntify, if~ppyrhu, dkmns dura, dmtions or fwk trdck schedvlhg.) C6aettucrion is escimted to take place durink the summer and autumn of 2002. . I. , -. , .'. -2 13/31 15~52 FAX 612 349 6718 LANG PATJLX GREGERSON -- .. 12/12/2601 14: 52 6123375843 wmE:MCKK :..2 FRQILCI TEAM 7,73,1 The Owner's Designated Representative is: .?-is nemr, dddnss and ather infirmation) $080 Hitchell Road Eden Prairie, MN 55344-2230 Y..'lf The pemons or entities, in addition to the Owner's Desigaated Rc&mWve, whd mpkd to dew &e Anhitect's submittals to the Owner w: :ob Gerts, City of Eden Prairie .. . ' [at name, mi ~nd OW infinndtion.) . N/A 1.13.4 The Apchitecrk Designated Representative is; [ilsi nanre, addcdsJ und ofher imfimdtfon,) Zobert hck, hcDoawXd 6 Mack Architecte, btd. sf12 Grain Exchange Buitding South Fourth Screet XiS~Sxteapaa$s MN 55415 1.13~5 The absultants retained at the Mchitect's expense are: {ifst d$ipli;lb hrd, if known, idenrifr fhm & me pnd dddrsss.) it1.J $uhher8end A~~ociatee: Mechanics1 and ElacCrica.1 Enplneering B@Lteoa-EOCcdonald Inc. : Structural Engineering Cloea Ldecape Architecture: Landacape Axchitecta ,. @I 004 PAGE 84 _-.-. m 005 PAGE 05 133. OWNER WZ.I Unless otherwise provided under this Agreement, the Owner shall provide fill information b q h* regarding requirements for and limitations Q~R the Project# The Owner shall kzGsh to the khitect, within 15 days after receipt of a written request, infomation necessaty p-26 rthrnt & the Architect to evaluate, give notice of or enforce lieen righue. ~~23 The wer shall periodically update the budget $r the Project, including that portion d:wted for tbe Cart of the Work, The Owner shall not significanfly increase or decrease ths: 6wall budget, the portion of &e budget allocated br the Coat of the Work, ot csniingencies txk&d in the mall budget or a portion of the budget, without the agnement of the Architect 6;. a ~or;iges&q chgrige in the Project mpc and quality. , :,2.1,3 The m's Designated Representative identified in Paragraph 1.14 iddl be authorized to gct on the Owper's behalf with respect to the Project, The haer or the Owner's Desiheted %qmsentalive shall render decisions in a timely manner pertaining to documents submitted by +.Q Atit ip &r to avoid unresonable delay in the orderly and sequcniial progress of the . .?JJA fie Owner shall hmish ;he services of consultants other than those designated in ?%-graph 1.1.3 or wthorize Ihe Architect to furnish them s a Change in Services whed such s?*ces are quested by the Architect and an? Teasonably requuired by the scope of the Project. fi.~.5~$ un]e,g otherwise pW&d in this Agreement, the Owner shall funrish tests, inspections ad rep'- &pired by law ox the Contract Documents, such as structitral, mechanical, and &mica1 tests, tplsts for air and water pollution, and tests for hamdous materials, 7.226 The Owner ahall fuwh all legal, insukance and accounting servic(:s, including auditing ~ =$,&a, ihat may bc reasonably necessarry at aay time for the Project to mcet the Owner's needs :ail ;3&mtta. 1 .. kxbiwt's smkee. 122.7 The shall provide prompt written notice to the Architect if the Ownet becomes +..vz of ;any hdt ar defect, jn &e Pmject, inclFding any emrs, omissions ot inconsistencies in $?,E &&lect'fi Instruments of Service. -,a2 A~CHIIIIQ i,i~,~ The sewices performed by the khitect,khitecPs employees and Architect's bnsultwts 3%U be as enumerated in Article 1.4 . &fte~sid~l skill and cate and the onlerly progress ,of the Project. The Akcllited shaU submit for Gc Owner$ appd a schedule for the performance 6f the khilecl's stwices which initially shall be condmcnt with the time periods established in Subparagraph 1.~~6 and which jhd be djusted, if necessary, as the Project pru~eds. This schedule shall include! allowances for periods of time rguireid for the .Owaer's reviw, for the performance of the Owner's consult an^ and fot .z~d of nubmissions by authorities having jurisdiction over the Project. Time limits .&b%hed by tbis acbedde app& by the Owner shall not, except €01: reamiable cause, be .. r . -.."q LL,:.~ ,The Archikct's adces shall be performed as expeditiously als Is consistent With ~~~d5yti#~hi&cloaOwner. .r-- 01997 *CAP AW DOCUMIHT Wblm STANDARD FORM AGREBMENT Ttw Amrrlean lnsrltvte ol Archiloerr 1?35 New YorkAvenuc. N.W. Vbrhingmn. D.C. 202306-5292 M'G PAULY GREGERSON @ 006 - .a- -:. - i5:53 FAX 612 349 6718 i2/12/2001 14: 52 6123375843 - PAGE 86 1.233 The ArchiiteBr Designated Representative identified ifi Paragmph m.3 shall be authorized to act on the Architect's behalf with respect to the Project. 1.23,4 The Architect shall rdeintdn ihe confidentidity of infamatian specifically designated as c~nfidemid by he ker, de= withholding such innformation would vi01ii.a the law, cmbj the risk ofsignificant ham to the public or prevent thehhitect from establ~s~ig, aclaim or defense In an adjudicatory proceeding. The Architect shall require of the Axchiiect's consultants simiiar agreemenk to maintain the confidentiality of infanmation apedfieally designsated es contidentid by the Owner. . 1.2.35 Except With the Owner'a knowledge and consent, the Aichitect shall not engage in arty activity, or accept any employmcnr, interest or mtribution that would rc:agonably appear to campromise the Architect's professional judgment with respect to thh Project. 1.2A.6 The Architect shd1 review hws, codes, ad Gdations applicable to the Architect's mices. The Architect shall: wspond in the design af the Project to q&ernenta imposed by guvemmcntal authorities having jurisdiction over Uhe Project. lj.g.7 The Architect $hall be entilled to rely orl the accuracy and completexi= of services and infixmation furnished by the Owner. The Atchitee& shsll pmvfde pmmpt witten ndce to the Owner if the Architecl kcvmes awafe of any enom, ombians or inconsistencies h'auch seririces . orinformation. ' ARTICLE 1.3 TERMS AND CONDITIONS 18.1 . COST OF THE WORK 1~1.1 The Cat afthe Work shall be the total cost or, to ihe extent the Project is not compl&?d, [he estimated cost to the Owner of all dements of rht Project designtd or specified by lhe Architect. u.ig The Cost of the Work shall include the mat at current marit rata of labor and materials fignished by the Owner and equipmmt designed, irpecified, selected or spfxi;dly provided fot by the Architect, inclvding the costs of management or supemvision of consttrlction or inatallation pided by a sepatate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition. a reasonable alluwafice for contingencies stall be inciudcd for market conditions at the time of bidding and for clianges in the Wok 1J.13 The Cost of the Work doa not ipclude the compensation of the Arcllrtect and the Axhitect's consultants, the costs of the land, right!;-of-w and financing or other costs that are . ' the responsibility of the Qwner, 133 INSTRUMeNTS OF SERVICE 1.3.2.1 Drawings, speci6catiblls and other doclaunents, including those b electronic fdm, prcpmd by the Architect and the Architect's consultants arc Instruments O! h;ervice for use sole- ly with respect to this Project. The Architect *ad the Architect's consultenb; rhall be'deemed the authors and owners of their wspedive Instruments of Service and shall ma.n all common law. statutory and other resented rights, inclluding copyrights. 1w.z Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive . license to reproduce the Architect's httuments of ~eviee solcty for puqa;cs of cmkstructingJ using and maintaining the Project, provided that the Owner shall comply with all ubIiptions, ineluding prompt payment of all sums when due, under this Agreement. 'The Architect shall 01Y)T AIAO '~-KWSI+I=W~ 5rA'~~~~~~~ li* hmrlon ln#i~~ of AKMticrs 1% "kw %rk AUV~IM, N.W. . Wa$hii D.C, 20406-5732 6 I WUtiW unlkwd ~~vWU us. hwrlM( wmuyla hwla 4rJ prowwon. LANG PAULY GREGERSON 13':"- '.- i5:53 FAX. 612 349 6718 _- - .. 124?2/2081 14: 52 6123375943 MAcDUMmam 007 .PAGE 07 .I ahin hiIu nonedusive licensea from the Architect's consultants cornistern with this &+~maUbsytembtioermination ofthis Agreement prior to completion ofthe Plnjtct shall terminate :?,3 lic~se. uppn slrch tmnination. the Owner shall =Erain horn making fyther reptoductions . g: lnswments of Service and shall return to the Architect within sevcn days of termination dl @$MIS and reproductions in the Owner's possession or control. If anrl upon the date the Architect is adjudgd h default of this Agreement, the foregoing license shaU be deemed te;minlted ad replaced by a second, nonexclusive license permitting the owdm IO authorize other similarly .mdentM@d design professionals to reproduce and, where permitted by law, to n,!.r~be ~hmg~,~c~mdons M additions to the Instruments of %mice sdely for purposes of ~cm$.-, &g r#l maintaining the Project. 7.m ~xcepl Ibr t4& licenses gtanted in $ubparagraph 1.3.2.2, no other liarnse or right sMl be rieemcd pd ar implied under this Agreement. The Owner shaU not assign, delegate, scb!icense, pledge or &mise transfer any license gmted herein to another party without the ~+,x ~r~!,itten pl$eemenr of the Architect. Hwwever, the Owner shall be permitted to authorizr! the &~ICIO~, Wxontractors, Sub-subcontractors and material or equipment suppliers to iepdu~ adcable portions of the Irtstments of Service appropriate k and lor use in theit ~?tim of.& Work by license graqted in Subparagraph 1.3.2.2. Submimsim or distributim of znsmmcnts ~cnrice to meet official regulatory fequimenks or for similar purposes in <cmeti6n wi& the Project is not to be conStrued as publication in derogation. of the resen/cd ;;+.L$ c?f?he ,@hitect and the Atchitect's consultants, The Owner shell not use the hirumenis oik& for additions or alterations to this Project or for other projects, unless the Owner owe tbe pior written agffement of the Architect and the Architect's cor~sultants. Any unw&&& ijse 6f the Instruments of Setvice shall be at the Owner's a& risk and Without :i.&ilily to the Archikct and the Architect's consultants. :,~&4 mor t6 the Architect providing to the Owner any Instruments of Service in electronic :?m or &e Qwner providing to the. Architect any electronic data for hmrparation into the btwmb of Sdce, the her and the Architect shall by separate written agreement pet fwih cde specific aditions governing the format of such Instruments of Sem"ce or electroxlic data, idding any Qecial limitatim5 or licenses lrot otherwise ptovided in ihis Agreement. 7.33 CHAM& IH~~~~CES ' i;~o; in Sewices of the Architect, including sewices requid of the Architeei's cdtants, may .& accomplished .after executiort of this Agrement, without invalidating the . Agrement, if mutually agreed in writing, if requiredoby circumstances beyond the Architect's copntrol, or iZfbe Architect's 5mices *e affected a5 described in Subparagraph i.3,3.z.'In the zbct of meua! agreement in Wr;t;tle, the Architect hall, notifi the Qwer prior id providing ::&& .m-vices. If the Ownerdems that all or a p~& oFsucb Chmge in Services is not required, the 3mm'&all&i prompt written notice to the Architect, and the Architect shaU have no &&atiM to proyide tho.% adces, E;xrept for a change due to the fault ofthe Architect, Change ia Services of the Ardted shall entitle the Architect to an adjustment in compensation pwuant tg *gtaph 1.52, and to any Reimbuisable Expenses described in Subipwgraph 1.3.9.2 and ' ' . 1 ?*.*iaph LF*$, I i33.2 If my OF ihe awing circumstances affect the ~xchitect's Mnices for the ~rbjct, *e &hitect shall be entitled to an appropriate adjustment in the Architect's schedule .1 &imge in the instructions or approvals giwn by the Owner that necessitate revisions in a ar mision of des, laws m regulations or offid intepretatiohs which i ..# . 2 1 e8i99? AIA~ AIA DMUMENT lLIlldWt compensation: FORM ts of Service; AGREEMENT Thr Ammican Im?llu?r of Atchlkcts neci?gsitnte chmges to prcviouslyprcpartd Xnstrurnentis of Semicei 1735 Naw ark Avenue, N.W. LANG PAULI! GREGERSON - . ...* - -,..* i5:54 FAX 612 349 6718 i2/12/2001 14: 52 I a. . ... . # 6123375843 .MACWNALD 8 MAac # 008 PAGE 08 1 deddions of the Owner not rendered in a timely manner; A +Kcant change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget, or procurement method; a failure of performance on the part af rhe (&mer or the Chmer's consulrants or contracton; .L preparation for and attendance at a public hearing, a dispute resoiution proceeding or a legal proceed& except where thc hehitcct is party thda ,7 &age in the information contained in Article 1,1, 13,4 MLDIAT~ON 13.4.1 Any claim, dlspute or other matter in questlon .rising out of or rd@tc!d to thib Agrment shall bt subject to mediation as a condition precedent to arbitration or the imtitution of legal or equitable proceedings by either party. If such matb relates to or is the subjjt of B lien arising out of the Archiket'a services, the Architect may proceed in accordance with. applicable law to cornply with the lien notice gr filing deadlines prior to rtsohtion of the matter by mediation or by arbitration- 13,4,3 The Owner and AKhitect shall endeavor to czsolve claims, disputes rcd other maltets in question between them by mediation which, desa the parlies mutually agree athenvise, shall be: in accordance with the Construction Industry hlcdiation Rules of the An~.oriCan Arbitration &xxiation currently in effect. Request for mediation shdl be filed in writinNiiyith the other party to. this bteemept and with the American Arbitration Association. The rsluest my be made cgncurrently with the fling 0f.a demand fbr arbitration but, in such event, medietion SWl pmeed in advance of arbitration or l& or equitable proceedings, which shall be stayed pending mediation far a perid of 60 days from the date of ffing, unless stayed ftx a longer period by ' ' ' agreement of the parties or court order. 13.4~ The parties shall share the me&ator'a fee and any filing fees equaHy.'.Chc mediation shall be hekl iri the place where the Projectis located, unless another location is mutually agreed upon. Agreements reached in mediation shall k enforceable as wttiement apeaients In any court having jurisdiction thereof. 1.3.5 AllblTMTlQN IJAI Any claim, dispute or other matter in quesdon arising out of or related to this Agreement shaU be subject to arbitration. Prior to arbitration,the parties ahall endeavor to resohe dhplrtes by 133.2 Claims, disputes and other matters in questioo between the parties that @r& not resolved by mediation shall be decided by arbitration which, uiiless ihc parties mutually a,pee.otherwise, shall b in accordance with the Construction lndustry Milration Rules of the Am'erican Arbitration Association currently in effect. The demand for arbitration shall be fiIed in wihg with the other party to this Agreement and with the heriean hbitratim Association. 1.3$$ A demand for arbitration shall be made withln a wasonable time aikr the claim, dispute or other matter in question has arken, In no event shall the demand for arbitration be made after ' the date when institution of legal or equitable proceedings based on 8uch claim, dispute or other matter in question would be barred by the applicable statute of limitations. ' mdiation in aocotdmce with Paragraph 1.34 I 135.4 NQ arbitration arising out of or relating to this Agteement shall inch&, by consolidation or joinder or in any other manner, an additional person or entity not a pnq to this Agtment, except by written consent containing a specific reference to this Agreemeni and signed by the . Owner, +chitat, and my other person or entity sought to be joined. Caaseat to ar?$usrtian involving an additional person or entity shd not constitute consent to art4tmion of.any claim, r '5:54 FAX 612 349 6718 JANG PATnp GREGERSON -. r- :,S(L2i2BB1 14: 52 6123375843 MAcwW 8 MACK la 009 diipute or CRher matter in question not described h the written bnmt w with a person or mtiq not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person ox entity duly consented to by paruics to this Agreement &.aG k specifically mbrceable in accordance with applicable law in any court having jurcisdiction .!Lzed, !a55 The award rendered by the arbitrator or arbitrams shall be hd, wd.bdgment may be rrr?aged upon in ar;cordmce with applicabb law in my court having jurisdiction thereof. ?A@ &AI* FOR CONSEPUEHTIAL DAMAGES 'The Architect and the Owner waive consequential damages fm daims, dbputes M other mat- h quation arising out of or relating to this Agreement, This mutual waiver is appNcabAe, without himitation, to all consequential damages due to either party's terminaticm in accordaace with ?amgraph u.8. .. :.$? MISCEb$ANCOUS PROWIONS . 'I ?.X+,Y mement shall be governed by the law of the principal pke of busintss of the iu&iwt, uq4,ss ohenvise provided in Mgraph IM. 13.7.2 %ms in this Agkement shall have the same meaning as those in the edition of AIA ~ocument Aaor, General Conditions of the Concract for COnstructioh, airrent as of the date of ,isis Agteememt. 'T.S.Y,~ ' Gu~er of action betwen the partid to.thihis Agreement patahing lb acts or Failures to act shall be &et.dtd to have accrued and the applicable statutes of limitations shall commence to run ;?,& than either the date of SubstmiiaI Completion lor acts or bilufi!; to act waning prior :~.S&&tntial. Completion or the date bf issuarice of the final CercificaQe fot Payment fbr acts OT fid~re.a to ad occurring after Substantial Completion. In no event shall such statutes of IWtatiom mmmence to mtl any later than the date when the Architect's services are , ~cbtmtid~ oompleted. ~ -,~,r,n To the Ant damages are cwesed by prqeriy insurance during tonsrrudion, the Owner sad the &akt WaiM all rights against each oiher and against the contractors, ansult-mu, .$~~~:iinci ~playe~~ of the other for damages, except such rights a6 they may have to the 'bxceeds of such ismmnce as set forth in the edition of AIA Document Am, General, Conditions of the Contract for Construction, current as of the date of this Agreement, The Owner or the ~wt, as pppropriate, shall require of the contracton, conr;dtants, a8ents and eriiployees of my d~em #hilar wavers in favor of the other parties enumerated hereh. 5.3.7.5 Nothing mntalned in tks Agaement shall create pcontfactual rdationship with or acawe . . .. .. . :c&n in favor of a third parky against either the Owner or Archited. 18,7.6 Udeq abmise provided in this Agxement, ihe Architect and Architect's cmdtants shall have no responsibility for the discovery, presence, handling, lienooval ar disposd of or . qosure of permu io hadous materials or toxic substances in any form at the Project site. I 3.2,a.a The Architect shall have the right to include photographic or artistic representations of the &$gn of the Pmjea among the Architect's pmmotional and professional materials. The Architect 5Si2 be given reasmiable access to the completed Project to make such representations. However, &e Ar&itect's materials shall not101 include the Owner's arnfidentid OT proprietary infomattlon if , &* mer his previously advised she Architect in writing of the specific information considered the Owner tg be confideneal or ppprietary. l%e Owner shall provide professional credit for , .., ..I. .. , 1.1 0 1 9 9 7 * 1 * @ AW DOCUMENT BUl-lwI ~tANDARD FORM AGREEMENT ~~~~~~ ln*thm ' 1735 Hew mrk AVVMW. N.W. wrshingtolr, D.C. 2wo6-SZ93 &e_ Architect in lhe Owner's promoti&ld malwiaials for the bject. 9 xx?&%. 'Abril;id ubkm UI cllplrlekt I& md W WrCt !ha *r tm pirsranlan. - - : .;;r+.r 15:55 FAX 612 349 6718 JA.NG PAULY GREGERSON @ 010 '131212981 14: 52 6123375843 WCDW 8 PAGE 16 m7.~ If the Owner quests the Architect to execute certificates, the propowti hguage of such certificates $hall be submitted to the Architect for review at least 14 days pdor bthe requested &t@ of execution. The Architect shall not be required to execute certificates hat would Equire knowledge, service5 or responsibdities beyond the scope of this Agreement. 13.78 The Owner and .Architect, respectively, bind themselves, their partners, successo~, assignm and legal representatives Lb the other party i~ this; Agreement and to the parltrcrs, successors, assigm and legal representatives of such other party with respect to dl covenants of this Agrccment. Neither the Mer nor the Architeci shall assign this Agmernmt without the wtitten , consent of the other, ekept that the Owner may assign this Agreement to an institutional lender praviding financing for the Project. In such event, the lender shall assume the Owner's rights add obligatioas undet this Agreement. The Axchikt shall execute all consents reuonably required to fiicilitate 5uch assignment. . 13.8 IERMlNATlOd OK SUSPENSION . 13.8.1 If the Owner fails to make payments to the Auchitect in accordance with this Agreement, such failure shall be copsidered substantial nonperformance and cause for krtnination or, at the &hitect's option, eatlse for suspension of perfurmame of services under this Agreement. If the ArdLilect.elects to suspend services, prior to suspension of services, the Ardritfxt shall give seven days' written notice to the mer. In the event of a wspension of services, thefkchited shall have no liability to'the Owner for delay or damage caused the Owner bemuse of such s~spcnsion of senrices. Before resuming services, the Architect shall be paid all sums due prior to suspension and xt's services, The any expenses incurred in the intemplion end wsumption of the Archib. &Meet's fees for the remaining services and the time schedules shall be equitably adjusted. 1.3.8.2 If the Project is suspended by the Owner fgr mare than 30 co~secutiw~c days, the hchitect shall &e compensated for..setvices performed prior to nollce of such suspensiclnl. When the Project is resumed, the khitect+shall be compensated for expenw incurred in tlx int.i~~ptio~~ and resumption of the Architect's services. The Architect's fee8 hr the remaining se~ices and the time . 1.3.8.3 If the &oj& is suspended or'the hhiterA sewices an'suspended for bore than 90 . consecutive days, the Architect my terminate this Agreement by giving not less than seven days' .,: a'.. * * i, . ., .* , schedules shall be equitjbly adjusted. , written notice. 13.&4 This Ag~eynt may be termimted by either party upon mt less that :seven days' written notice should the other party fail substantially to perform in accordance with the terns of this Agreement through PO fau& ofthe party initiating the tmmiaatim. 1.1.11.5 This Agreement may be terminated by the Owner upon not less than men days' written natice to the Architect for the Owner's convenience and without cause. 13.8.6 In the event of termination not the EulL of the Archkt, the .&hitect $hall be compcnsatcd For sewices pcrfotmed prior to termination, together with Rei.mbursabk Eqewe then due and all Termination Expenses as defined in Subparagr8ph 1-3.8.7. 1.3.Lt Termination Expenses are in addition to coinpelrsation for the senricer: dthe Agreement and include expenses directly attributablqto termination for which the Architect is not othmise compensated, plus an amaunt for thekhitect's aniicipated profit on the due of Ihe services not ' 0 1'97 A 4 * 0 nr';m7 STANDARO FORM AGREEMENT perfo'med by the Architect. -i'l3/UZ 15:55 FAX 612 349 6718 --_.c-_. -Li~~;Z2B1 14:52 6123375843 . @Oil ?AS' PAYMkND 10 THE AKCCHITEff 13.9.1 Payments on account of services readered and for Reimbursable Expenses inmmed shall be ma& monthly upon presentation of the Architect's statement of services. No deducttons shall 5e made from the Architect's compensation 011 account of peaalty, liqd3ted damages or other SKW withheld from payments to mntractars. OF on. account of the cost of changes in the Work Q%C; thm those for which he Architect has been adjudgcd to be liable, . 'PAGE 11 1 14$3 Reimbursable Expenses are in dditiad to compnsation for the Architect's scnriccs and include expenees id by the Architect and Architect's employees aid consultants directly skse6 to the MjeA, as identified in the followirlg Clauses: .I trausporiation in connection with the Project, aubrized wit-&own travel md . suhhtence, and electronic communications; a feef paid for securing approval of authoritics having jurisdictioei ow the Project; 3 reproductions, plots, standard form documents, postage, handling arld delively of A expense dovetlime work requiring higher than regular rates if authorized in advance A ren&rings, models and mock-ups requested by the Owner; .I expense of professional liability insurance dedicated exclusively to this Project or the expense d additional insurance coverage or limits requested by the Owner ij, ass of that normally carried by the Architect and the Architect's consultants; ' - Instruments of Senrice; by the Owner: .7 reimbursable eqx?mes as designated in Paragraph 1.5.5: ,ti other similar direct Project-alated expenditures. .. . 13.93 Recard8 of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of dces performed on the basis of.hourly rates dr a multiple oEDirect Persmnel Expense shall be :&ailable t0 the Owner or the Owner's authwized representative at mutually cerlvenient times, y.3.0.4 Direct Personnel Expense is defined as the direct salariw of thc Architect's personnel q32ed.m the mject and the portion of the cost of their mandatory end customary conuibutions and benefits related thereto, such as employment taxes and other statutory Oaployee benefiis, insuratxe, sick leave, holidays, vacations, employee retirerneilt plans and sihihi contrihiiotls. . .. ASTlQe 1,4 SCOPE OF $ERVIC(S AND OTHER SPkCIAL TERMS AND CO.N[IITIONS ?,4~ ,Enumcratioxr. d Parus of the Agreement. This Agreement represents the entire and iotegratated agrpement'ktween the &Per and the Architect and superse&s all prior negahtions, . ;v%ntatim ox agreerncnp, either written or oral, This Agreement may be amended only by written instnrmeat signed by both Owner and Architect. This Agreement comprises the dazuments htcd below, __ uJ.1 Standad Form of Agreement Between Owner and Architect. MA Document Dw-1~7, 14.7.2 Standard .Fo.rm of Architect's Services: Design and Contract Administration, AIA %kwment Bilri-zW, or as follavs: {Li:,?;'&ket $taiy, &heating Architects q?e Qf ScTyireS,) -1 01997 AIAQ AlA D(KUMTM7 LMY-1997 STANDARD FORM AGREdMENf ?.&a Spe&l %ma and Conditions. Special terms and conditions rhiu modi& ibis Agreemen; me a8 fiows: SIA # 012 PAGE 12 I i.&q For a jn Services of the Architect's consultants, compensation shalt be computed s;am@ipk$f gne and one tenth 1 10 ) times the amounts billed io the Aachitect far &dl 4erVizes: 5.5.4 For &bwsable ]Expenses as describd in Subparagraph 1.3.9.1., and any pther items i~&&d in Ihqraph 1.5.5 as Reimbursable Expenses, Lhe compensation shall be computed ag a mtdtipkof ions and one tenth ( 1.10 ) times the expenses incwed by &c hhitecl,.and the Wtect's employees and consuItmts, I, -id-$ . gthelkiiburdde Eqxnsea, if any, are u follows: I -I- Xl.A 'I I MG PATILY GREGERSON .* - 1 ‘13/01 15:56 FAX 612 349 6718 13.6 The tates aad multiples for services of the Architect and the Architds consultants ag set forth in this Agrement &all be adjusted in accOrdance with their normal shlaty mkw praaices, v.7 An initial payment 01 WA DoNm 1s #/A ) shall be*made upon execution ofthis Agreemenu and is the minimum ;q.tximt under this Agreement. It shah be credited to the Owner’s accoiunt at final payment. , Submpm payrrlertls fox services shall be made monthly, and where applicable, shail be in pmportlon to auvh performed on the basis set htth in this Agreement. . ?.!!?a Payme& are due and payable twenty one ( 21 1 days fkom the date &the kchited‘s hvoice, Amounts unpaid . f ottkfip ::E ive I 44 )daysafterthe tzvdce date shall bear inwrest ai the rate entered bqlow, or in the absence hwf at the legal rate pvdjng fmm time to dme at the principal place of bu$iIzess of the Architect. . (rnrttt rate of inkrest agreCa upom) I. i ‘. !.hp If, the ‘sewices covered by this Agreement have dot beer1 completed within Gateen . ( 16 ) months of the date hereof, through, no fault of the ,4r~hitect, extension of the Architect’s serviccs beyond. that timc shaM be compensated as pr0Uldc.d in Paragraph L$.& I .. . 5,is hgreement entered into as of the day and year first written above. I uunotr: You shwld,sign an original AlA dutumennl or a licansed reproduction, Origiiiat confab1 the& IoRo printed in nd;licmd reproductions a? those pduced In accordawe with the Instrrictions to this dnturtten’t. . .. - .. @I 013 / P I - - '* '71 15:57 FAX 612 349 6718 I 2112/2081 14: 52 6123375843 _- ,. .. LBNG PAULY GREGERSON @I 014 PAGE 14 .- c . . I I,,. .. . --: v3/01 15:57 FAX 612 349 6718 MTG PAULI? GREGERSON @ 015 ADDENDUM TO CONTRACT BETWEEN MACDONALD & MACKARCHITFKTS, LTD. AND CITY OF EDEN PRALRlE Standard Form of Apreement Between Owner and Architect - AIA B141-1997 I. 1.2.2.1. - 1- I. .2.2.2. 1.2.2.3. 1.2.3.7.. 1.3.2.1. 1.3.2.2. 1.3.2.3. 1.3.2.4. 1.3.3.2.3. 1.3.3.2.4. 1.3.3.2.5. The correct name of the Legion should be reflected as: “City of Eden Prairie.” Delete this paragraph and replace it with the following: “Owner shall furnsh.theArchitect with suchinformation that is in the Owner’s possession ConcemingtheProject as thehchitectmayrequest Erom time to time.” Amendthisparagraphbyinsertingfollowingtheword“shall‘ythefollowing: “prejmeaud” bend this paragraph by adding the following at the end of the first sentence: “,provided howeverthe approval of Owner’s City Council is rqilired for decisions affecting cost and design of the project.” Amend this paragraph by adding the following at the end ofthe first sentence: “, unless the Architect becomes aware of any mors, omissions or inconsistencies in,he accuracy and completeness qf the services and information furnished.” Amend this paragraph by deleting lhe second sentence and inserting tho following: “Drawings, specifications andother documents shallbethepropertyofthe%ma whether the Project is executed or not.” Deleted. I Deleted. Deleted. Amend this paragraph by inserting the phrase at the end: “after five days witten notice from the Architect that a decision is require~l.~’ Amend this paragraph by inserting following the word“complexity,”the Mlowing: “a change by more than 90 days in the.’’ Amend this paragraph by inserting the phrase at the end “after five days written notice from the Architect that a decision is required.” 15 19/13/01 15:57 FAX 612 349 6718 LA” PAULY GREGERSON @ 016 t 1.3.5.1. Delete the kt sentence of this paragraph and replace it with the following: “At the option of the party assertingthe same, all claims, disputes and othermatters inquestionbetweenthepartiesto this Agreement, arisingout of or relating to this Agreement or the breach therm& whereby the party assertingthe same claims entitlement to damages orpayment ofless than $25,000.00 may be decided by arbitration in acmrdance with the Construction Industry Arbitration Rules of the American Arbitration Associationthen obtaining, unless the patties mutually agree otherwise. Intheevent anypersons shall commenceanactionin any court for any claim arising out of orrelating to tbis Agreement or he breach thaeof or the Project or construction thereof or any contract for any constTcLction, the party making a ,claim in arbitration may dismiss such proceeding (unless the hearing on the claim has commenced) and elect to assert its claimin such actionifsuch party couldhave done so but forthe provisions of this paragraph.” 1.3.5.2. Delete the first sentence. -. 1.3.5.4. Deleted. I. .3.7.3. Deleted. 1.3.7.4. Amend this paragraph by adding thereto the followiig additional clause at die end of the first fill sentence: “to the extent permitted by applicable insurance policies.” 3 -4.2. Amendthis paragraphby addingthefollowing: “Notwithstanding 1.3.7.1, this Agreement shall be governed by the laws of the State of Minnesota.” 1.3.7.9. Delete the second to the last sentence. i 3.8.1. In the second to the last sentence, place a period (“.”) after the word “suspension” and deletetherest ofthat sentence. Amendthelast sentencetoread: “Thetimeschedufe shall be equitably adjusted.” 1.3.8.2, Inthesecondsentence aftertheword‘%utermption”insertaperiod(“.”)and delete the rest ofthat sentence. Amend the last sentence to read as follows: ‘The time schedule shall be equitably adjusted.” L 1.3.8.6. Place a period (“.”) after the word “due” in the third line and delete the rest of the paragraph. Insert the following: -2- 137 15:58 FAX 612 349 6’718 LAKG PAULP GREQBSON # 017 ‘‘Such compensation shall be at the rate and in accordance witb the provisions contained inparagraph 1.5.1, but in no event in an amount ~~thanthemaximumamounttowhichtheAtchil~wouldbeentitZed to pursuant to paragraph 1.5.2. forthephaseor otherphases completed or in process.” Amendfhis paragraphby deletinginits entirety andreplacjngit with the following: “This Agreement maybe tabinated by the Owner at anytime. In the event of such termination, the Architect shall be compensated as provided in paragraph 1.3.8.6.” *I 1.3.8.7. 1.5.1. Amend this paragraph by deleting “See Attachment #1” and inserting tlie following sentences: “The Architect shall receive compensation for ita services actually performed as follows: a) $3,500.00 for Measured Drawings and Conditions Assessment and b) in accordance with Attachment #1 in an amount not to exceed $48,200.00 so long as the construction contract does not exceed $550,000.00.” I. .5.4.. Amend this paragraph by deleting “one and one tmth (1. lo)” and replacing with the following “one (1.00).” 1.5.6. Deleted. Municipal Contract Provisions I- Unless excluded by the applicable law the following provisions shall apply to this contract: A. Definitions. The following defhitions apply to this Appendix. A. 1 “City” means the City of Eden Prairie, A.2 “Contracting Party” means MacDonald & Mack Architects, Ltd. A. 3 “Contract” means the Standard Form of Agreement Between Owner and Architect and any addendums to the Agreement. B. DataPractices Act. The ContractingPartyshall at alltimes abidebytheMinnesota(hvanment Data Practices Act, Minn. Stat. 6 1 3 0 1, et seq., to the extent that the Act is applicabk: to data and documents in the hands of the Contracting Party. -3- ~ . ’;3,Cl 15:58 FAX 612 349 6‘718 LSNG PAULY GREGERSON Americans with Disabilities Act of 1990. @.lo18 C. Audits. The books, records, documents, and accounting procedures and practices of the ContractingPartyorotherpartieSrelevanttothisagreement aresubjecttoexamimticnbytheCity and either Legislative Auditor or &e State Auditor for aperiold of six years after the effective date of this Contract. D. NO final payment shall bemade to the Contracting Piilrtyuntil the Contracting Party has provided satisfactory evidence to the City that the ContractingParty and each of its subcontracts has complied with the provisions of Minn. Stat. 4 290.92 relating to withholding ofincome taxesuponwages. A certificate bylhe Coqissioner of Revenue shall satisfjr this requirement. I. Prevailing Waye. ErquiredbyMinn. Stat. $8 177.41 - 177.43,theContractingPartyshaUpay all employees the prevailing wage for similar work in the area and shall pay at least time and a half for all overtime worked by its employees. The prevailing wage for similar work in the area is The prevailing hourly basic rate of pay is , The prevailing hours for similar workin the area are L 1 23/01 15:59 FAX 612 349 6718 LUG PAULY GREGERSON # 019 j. Contracting Pa*% PromDt Payment of Subcontractors. Thecontracting Pariphall payto anysubcontractorwithinten(l0) days ofthe ContractingParty'sreceiptofpayment~~the City forundisputedservices providedbythe subcontractor. The: ContractingParty shallpay interest of one and a half percent (1 %%) per month or anypart of amonth to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimummonthly iniaestpenalty paymentforanunpaidbalanceof$lOO.OO ormoreis$10.00. Foranunpaidbalancsoflessthan $100.00, the Contracting Party shall pay the actual amount due to the subconkactor. ?<. Limitation of Remedies In the event of a breach ofthe Contract by City, the Contracting Party shall not be entitled to recover punitive, special or consequential. damages or damages for loss of business. MACDONALD & MACK ARCHITECTS, LTD. Its CZTY OF EDEN PRAlRlE i BY Jean Harris, Mayor c BY Carl Jullie, City Manager I q\pwbbore house\contract addendum ' I -5- Summary of Proposal Bids The following bids are based on the provision of architectural services listed below, and an estimated construction budget of $500,000: 0 Schematic Design 0 Design Development 0 Construction Documents 0 Bidding and Negotiations 0 Construction Administration MacDonald & Mack Architects, Ltd. $48,200 Miller Dunwiddie Architects, Inc. $50,000 Leonard Parker Associates, Architects, Inc. $86,300 DUNN BROS COFFEE 3346 Hennepin Avenue South Minneapolis, Minnesota 55408 August 28,2001 .. 8- .:. . ..G . . .. . ..a . .:-. MI. David P. Lindahl City of Eden Prairie 3080 Mitchell Road Eden Prairie, iMN 55344 Dear David: Per our most recent conversation, I have attached a budget estimate for the possible conversion of the historic Moore house into a Dum Bros Coffee. This estimate is based on what we typically spend on developing a new location. We have made an assumption that the City would turn over the property to us fully up to code for such a commercial development and with the addition of more structural build out to the rear of the house for kitchen and storage. This estimate also assumes adequate parking with proper access has been provided. We look forward to continuing our discussions with you on this exciting opportunity to convert this wonderful city asset into a space that can be enjoyed by everyone in the comunity. Sincerely, Chris Eilers President EQUIPMENT B U ILDO UT Desk Safe Shelving 3-Comp Sink Hand Sinks Ice Machine Refrigerator Freezer Ice Bin/Carbon Brewers Doser Grinders Bulk Grinders Cash Registers Display Cases Esp. Machine Roaster MenulSign Furn/Fixtures Millwork Under Refrig Small Equip Microwave Blenders Computers Deliveryllnstall TOTAL 250 850 1000 * 890 400 1627 1317 1595 1000 3450 I500 2000 5000 4300 8000 27500 7700 6500 18000 1700 3500 800 2000 - 3000 1041 29 250. Alarm Music Architect HVAC Electrical Plumbing Paint Flooring Tile Lighting General Fees TOTAL I000 1100 12000 6000 12000 12000 5000 9000 4000 3000 20000 - 8000 93100 OTHER Fran Fee Legal 2500 Accting Deposits 3000 Training Admin TOTAL 5500 GRAND TOTAL 202729 Less Landlord contrib ADJ TOTAL 202729 . .- ... .. .; +- A- .,. . .&- - . L. ,-. r -. ". .. r L CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM DESCRIPTION: Approve Amendment to Eden Prairie Firefighter’s Relief Association Bylaws and Financial Services / Don Uram DATE: December 18,2001 ITEM NO.: Requested Action Move to: Approve Eden Prairie Firefighter’s Relief Association Bylaws as amended. Synopsis The Firefigher’s Relief Association Bylaws have been amended to increase the pension from $40 to $44 per month starting on January 1, 2002. Finance Director Donald Uram presented a brief report about this change at the November 20, 2001, Council meeting. The bylaws have been reviewed and approved by the law firm of Lang, Pauly, Gregerson & Rosow, LTD., as well as the membership of the Eden Prairie Fire Department. Background State Statutes govern the maximum amount of monthly pension payments that can be paid to retired volunteer fire fighters. Currently, retired Eden Prairie fire fighters receive $40.00 per month per year of service. This amount has been in effect since 1998. The 2000 Legislature changed the maximum pension cap according to the following schedule: January 1,2001 - $44 January 1,2002 - $48 January 1,2003 - $52 January 1,2004 - $56 The Board of Trustees has been working on a pension plan that would incorporate a performance- based benefit increase into the Eden Prairie Fire Fighter Relief Association (EPFFRA) bylaws. The trustees expect to present the plan to the City Council early next year for review and approval. Prior to that, the trustees have requested that the Council approve a pension increase from the current $40 to $44 starting on January 1, 2002. This is a reasonable request based on an average economic adjustment of 3% over the past four years. The City’s budget reflects a contribution to the EPFFRA for 2002 is $550,000. A recent actuarial study indicates that the increase to $44 has no impact on the City budget. Attachments Eden Prairie Firefighter’s Relief Association Bylaws PHONENO. : Dee. 12 m1 IB:5MIM P2 Article Ix - Pension Benefits 1. Aclive DuQ andAgc RCguirEmeUI3 To be eligible to receive a Service pension, a member must meet all of the following requirements: a) Be at la!t 50 years of age. b) Has retired fiom the fire department. c) Has completed at least 10 years of active service with such fire department before d) Has been a member of the Association in good standing at least IO years prior to such retirement. retirement. 2. Pefmred Memkr A member ofthe Association, who has perfbtmcd active service of ten years or more, but has not reached the age of 50 years, shall be placed on the deferred pension roll ofthe Association. After they have reached the age of SO years, the Association shall, upon their application therefore, pay their pension fiom the date the application is approved by the Association. The member shall be paid the service pensiomin accordance with Article IX, Section 3. 3. Pension Benefd Each member is entitled to either a manthly service pension benefit or a lump sum service pension benefit calculated as follows: a) .Month& Service Pension: A monthly service pension shall be calculated by multiplying $44.00 timos each year that the member has been an active fiefighter in the fire department and member in good stding of the Association, up to a maximum pension of $1408.0O per month. b) Lzmp Sum Serviw Pension: A lump sum service pension shall be calculated by mukiplying 100 times the monthly service pension to which the member would have been entitled. 4, Dewtion of Active Firfighter A period of time cannot be used to calculate 8 monthly or lump sum service pension unless during the entire period oftime the member satisfies the quaWcation of “active service’’, as found in Article III, paragraph 8 of these bylaws. S. Ftzfwe Incrcass in Ben&& Retired members and deferred members who have credit for at least fifken years of service as an active firefighter with the fire department shall receive all approved increases in the monthly serviGe pension applicable to that member’s number of years of active fKefi&hthg service. Retired members who have elected to receive a lump sum pension paymexxt shall not be eligible fix any such increases. a CITY COUNCIL AGENDA SECTION: Consent Calendar SERVICE AREA: Community Development & Financial Services: Don Uram David Lindahl DATE: December 18,2001 ITEM DESCRIPTION: Amended Project Management Agreement - Housing Project Summit Place (formally Eden Shores) Senior Requested Action ITEM NO. -E-$, Move to: Adopt Resolution authorizing second amendment of Project Management Agreement for Summit Place senior housing development. Synopsis The City Council approved the first amendment to the PMA November 20,2001. The developer asked for additional changes regarding the City’s approval of future (potential) buyers of the project. The Project Management Agreement outlines the obligations of the developer relating to rent restrictions and calculations, Tax Increment repayment, as well as various other terms. The project was approved in 1999 and was expected to be completed by December of 2001. The developer is trymg to secure HUD financing for the project and is expected to have a commitment by the end of November. The main changes to the Agreement include: 0 Number of affordable units will increase fiom 39 to 43. 0 TIF contribution will increase slightly fiom $4,625,000 to $4,682,686 over fifteen years. 0 The project completion date has changed from December 2001 to October 31,2003. Background Summit Place is a 320 unit senior rental project located at Flying Cloud Drive and Fountain Place Road immediately south of the Eden Prairie Center. The project will include a choice of housing for seniors, including: townhomes, independent living units, assisted living units, dementia units, and special care units. The developer is requesting Tax Increment Financing (TIF) fi-om the City to reduce rents on 43 independent living units and to help offset high land acquisition costs. The units will be affordable to seniors with incomes below 50% of the median income for the metro area. Attachments Resolution I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. -2001 RESOLUTION AUTHORIZING A SECOND AMENDMENT OF PROJECT MANAGEMENT AGREEMENT FOR SUMMIT PLACE APARTMENTS (FORMERLY EDEN SHORES) WHEREAS, the City and the Silvercrest Properties, LLC, a Minnesota Limited Liability Company as property manager for the entity which was to be formed entered into that certain agreement entitled Project Management Agreement, made as of the 22nd of November, 1999 for the Project now referred to as Summit Place. WHEREA the Developer is the entity which was formed to acquire the Project; WHEREAS, the City approved an amended Agreement at its meeting held November 6,2001, however the Developer requested additional amendments to the Agreement; WHEREAS the attached Amended Project Management Agreement has been executed by the Developer; and WHEREAS City and Developer desire to amend the Project Management Agreement in its entirety pursuant to the terms of the Amended Project Management Agreement attached hereto. NOW THEREFORE BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT the Amended Project Management Agreement attached hereto is hereby approved. The Mayor and City Manager are hereby authorized to execute the Amended Project Management Agreement. ADOPTED by the Eden Prairie City Council on December 18,2001. Jean L. Harris, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk 3 December 18,2001 SECTION: Consent Agenda ITEM NO.: SERVICE AREA/DMSION: ITEM DESCR-J~TION: City Manager / Carl Jullie Resolution Setting First Regular Council Meeting of 2002 on January 8,2002, at 7:OO p.m. ZI lS, Requested Action Move to: Adopt the Resolution Setting the First Regular Council Meeting of 2002 on January 8, 2002, at 7:OO p.m. Synopsis Regular Council Meetings are held the first and third Tuesday of each month. Since the first Tuesday of 2002 falls on January 1 (New Years Holiday), the first meeting will be held the following Tuesday, January 8. The schedule for the remainder of Council Meetings for 2002 will be approved at that time. Attachments Resolution I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2001- A RESOLUTION SETTING THE FIRST REGULAR COUNCIL MEETING OF 2002 ON JANUARY 8,2002, AT 7:OO P.M. IN THE COUNCIL CHAMBER AT CITY CENTER. BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota, that their first meeting of 2002 will be on January 8,2001, at 7:OO P.M. in the Eden Prairie City Center Council Chambers, 8080 Mitchell Road, Eden Prairie, MN 55344. ADOPTED, by the City Council of the City of Eden Prairie, on this 18th day of December, 2001. Nancy Tyra-Lukens, Acting Mayor ATTEST: Kathleen Porta, City Clerk I CITY COUNCIL AGENDA SECTION: Consent DATE: December 20, 2001 - SERVICE AREA: Community Development 8c Financial Services: David Lindahl ITEM DESCRIPTION: ITEM NO. Singletree Lane Site Purchase Agreement Amendment - North American Properties Requested Action: Move to: Authorize the Mayor and City Manager to execute an amendment to the purchase agreement for the sale of a City owned parcel legally described Lot 2 Block 1 Eden Prairie Marketcenter 2nd Addition. Synopsis: The date for obtaining governmental approvals for the “The Watertower” apartment development proposal was changed from December 4,2001 to no later than December 28,2001. The sale of Lot 2 Block 1 Eden Prairie Marketcenter Znd Addition is expected to close Friday December 21,2001. The sale price is $2,600,000. Attachments: Amendment to Purchase Agreement. AMENDMENT TO PURCHASE AGREERENT THIS AMENDMENT TO PTJRCHASE AGREEMENT, made as of December -, 2001, by and between City of Eden Prairie, a municipal corporation (“Seller”) and North American Properties of Minnesota, Inc., an Ohio corporation (“Buyer”). WHEREAS, the Seller and Buyer entered into that certain Purchase Agreement dated August 20,2001 (“Purchase Agreement”) for the sale of certain Real Property (as such term is defined in the Purchase Agreement), located in Eden Prairie, Hennepin County, Minnesota. WHEREAS, pursuant to Paragraph 5 of the Purchase Agreement, the Buyer is to obtain certain Government Approvals no later than December 4,200 1. WHEREAS, pursuant to Paragraph 6.C. of the Purchase Agreement, the Closing on the purchase and sale of the Real Property shall occur on December 11,2001 (the “Closing Date”). WHEREAS, the Seller and Purchaser desire to extend the dates referenced for obtaining the Governmental Approvals, and the Closing Date, to be on or before December 28,2001. WHEREAS, the principals of the Buyer have formed a new entity, entitled NAP Watertower LLC, an Ohio limited liability company, to purchase the Property, and therefore, under the terms of this Amendment to Purchase Agreement, the Buyer shall assign all its rights, title and interest in the Purchase Agreement as amended herein to NAP Watertower LLC (“Assignee”). -- NOW, THEREFORE, in consideration of the ’fdregoing premises, mutual covenants and agreements hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Seller and Buyer hereby agree as follows: 1. 5. Government Approvals. Paragraph 5 shall be deleted in its entirety and _- replaced with the following: No later than December 28,2001 Buyer shall have obtained approval from the City of Eden Prairie City Council of a Resolution for Planned Unit Development Concept Review, 1’‘ Reading of an Ordinance for Planned Unit Development District Review and Zoning District Change Site Plan Review pertaining to the Property. Seller, as the Owner of Real Property and not as a governmental entity, shall without charge to Buyer cooperate in Buyer’s attempts to obtain all such governmental approvals. Seller shall fbrther execute such rezoning applications, . plans, environmental worksheets and other documents as may be required by governmental bodies to accomplish the foregoing. If the aforementioned - approvals are not granted by the City of Eden Prairie City Council or if the approvals are so restricted by conditions as to render Buyer’s proposed use - impractical as determined by Buyer, Buyer shall have the right to terminate this Agreement and all Earnest Money shall be refunded to Buyer, provided that Buyer has used commercially reasonable efforts, as determined by Seller, to obtain the aforementioned approvals and comply with any conditions on the approvals. 2. 6.C. Closing;. Paragraph 6.C. shall be deleted in its entirety and replaced with the following: The closing of the purchase and sale conteniplated by this Agreement (the “Closing”) shall occur, subject to the last sentence of this paragraph, on or before December 28,2001 (the “Closing Date”). The Closing shall take place at 1O:OO a.m. local time at the office of the Title Company or at such other place as may be agreed to. Seller agrees to deliver possession of the Real Property to Buyer on the Closing Date. 3. Buyer hereby assigns,’and Seller hereby consents to the assignment, of Buyer’s right, title and interest in the Purchase Agreement to NAP Watertower LLC, an Ohio limited liability company. The Buyer, Seller and Assignee intend to execute separate counter-parts of this Ameizdment to Purchase Agreement, exchange executed signature pages and assemble fully executed, original counter-parts, each of which shall be deemed an original. Signatures on this Amendment to Purchase Agreeriient delivered by facsimile or telecopier shall be considered original signatures for purposes of effectiveness of this Amendment to Purchase Agreement. IN WITNESS WHEREOF, Seller, Buyer and Agsignee have executed this Amendment to Purchase Agreement as of the day and year first written above. , *. SELLER CITY OF EDEN PRAIRIE, a municipal corporation . BUYER: NORTH AMERICAN PROPERTIES OF MINNESOTA, INC., an Ohio limited liability company By: By: Its Acting Mayor Its: By: Its City Manager 2 AS SIGNEE: NAP WATERTOWER LLC, an Ohio limited liability company By: NAP INVESTMENTS MANAGEMENT COMPANY, INC., a Georgia corporation, Manager By: Its: 22743 adamendment to purchase agreement P 3 CITY COUNCIL AGENDA SECTION: Public Hearings I SERVICE AREADMSION: Community Development Donald R. Uram Danette M. Moore DATE: 12/18/0 1 I ITEM DESCRIPTION: Eden Prairie City Center Fire Station ITEM NO.: Requested Action Move to: 0 0 0 Close the Public Hearing; and Adopt the Resolution for PUD Concept Amendment on 30 acres; and Approve lSt Reading of the Ordinance for PUD District Review within the 1-5 Zoning District with waivers on 30 acres. Synopsis The plan shows the creation of a 1.86-acre lot. The purpose of the subdivision is to create a separate lot for the existing fire station for mortgage purposes. The project is located at 14800 Scenic Heights Road. Community Planning Board The Community Planning Board voted 7-0 to recommend approval of the project at its December 10,2001meeting. Background Information Section 12.60, Subd.2 allows the City Council to approve minor subdivisions. This will occur at second reading. The requested waivers include a zero lot line setback to parking, rear yard building setback f?om 25 feet to 10 feet, lot size fiom 5.0 acres to 1.86 acres, and lot depth form 300 feet to 250 feet. These waivers are minor and typical for sites involving more than one building. Attachments , 1. Resolution for PUD Concept Amendment 2. Staff Report dated November 26,2001 I EDEN PRAIRIE CITY CENTER Fl[RE STATION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2001- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF EDEN PRAIRIE CITY CENTER lFIRE STATION FOR CITY OF EDEN PRAIRIE 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 City Center Fire Station PUD Concept by City of Eden Prairie 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 December 18,2001. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Eden Prairie City Center Fire Station, 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 December 18,2001,2001. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated November 13,2001. ADOPTED by the City Council of the City of Eden Prairie this 18th day of December, 2001. lean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk a Eden Prairie City Center Fire Station Legal Description: EXISTING PARCEL: That part of the East Half of the Northeast Quarter of Section 16, Township 116, Range 22 West of the 5th Principal Meridian, lying Southerly of a line drawn from a point on the East line of the Northeast Quarter of said section, which is distant 1106.50 feet North along said East line from the Southeast corner of said Northeast Quarter to a point on the West line of the East Half of said Northeast Quarter, which is distant 953.50 feet North along said West line from the Southwest corner of said East Half, Hennepin County, Minnesota. PROPOSED PARCEL A: The South 298.20 feet of the West 323.90 feet of the East Half of the Northeast Quarter of Section 16, Township 116, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota; subject to the right of way of Scenic Heights Road. PROPOSED PARCEL 8: That part of the East Half of the Northeast Quarter of Section 16, Township 116, Range 22 West of the 5th Principal Meridian, lying Southerly of a line drawn from a point on the East line of the Northeast Quarter of said section, which is distant 1106.50 feet North along said East line from the Southeast corner of said Northeast Quarter to a point on the West line of the East Half of said Northeast Quarter, which is distant 953.50 feet North along said West line from the Southwest corner of said East Half; except the South 298.20 feet of the West 323.90 feet of the East Half of the Northeast Quarter of Section 16, Township 116, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota; subject to the rights of way of Scenic Heights Road, Mitchell Road and Technology Drive. 3 STAFF' REPORT TO: FROM: DATE: SUBJECT: APPLICANT/ FEE OWNER: LOCATION: Community Planning Board Danette M. Moore, Planner November 26,2001 Eden Prairie City Center Fire Station City of Eden Prairie 14800 Scenic Heights Road REQUEST: 1. Planned Unit Development Concept Amendment on 30 acres 2. Planned Unit Development District Review within the 1-5 Zoning District with waivers on 30 acres 3. Zoning District Amendment in the 1-5 Zoning District on 30 acres 4. Subdivision of 30 acres into 2 lots 4 Staff Report - Eden Prairie City Center Fire Station November 26,2001 BACKGROUND The property is guided Industrial and zoned 1-5, Industrial Park. The property is part of the Eden Prairie City Center site. Surrounding uses consist of industrial to the north, residential RM-6.5 & R1-13.5 to the south, office and industrial to the to the west, and industrial to the east. SUBDMSION The plan shows the creation of a 1.86 acre lot fiom the 30 acre site. The purpose of the subdivision is to create two lots for mortgage purposes. PLANNED UNIT DEVELOPMENT WAIVER The project requires the following waivers: 0 Zero lot line setback to parking. 0 Rear yard building setback fiom 25 feet to 10 feet. 0 Lot size fiom 5.0 acres to 1.86 acres. 0 Lot depth fiom 300 feet to 250 feet. The waivers should be granted for the following reasons: 1. The waivers do not increase development on the property. 2. The waivers are minor for a subdivision of this kind. STAFF RECOMMENDATION Staff recommends approval of the following: 0 Planned Unit Development Concept Amendment on 30 acres 0 Planned Unit Development District Review within the 1-5 Zoning District with waivers on 30 acres 0 Zoning District Amendment in the 1-5 Zoning District on 30 acres 0 Subdivision of 30 acres into 2 lots 2 s Staff Report - Eden Prairie City Center Fire Station November 26,2001 This would be based on plans received November 14,2001, this staff report, and the following: 1. The following waivers are granted as part of the Planned Unit Development Review in the 1-5, Industrial Zoning District: 0 0 0 0 Zero lot line setback to parking. Rear yard building setback fiom 25 feet to 10 feet. Lot size fiom 5.0 acres to 1.86 acres. Lot depth fiom 300 feet to 250 feet. 3 6 CITY COUNCIL AGENDA SECTION: Public Hearings SERVICE AREAIDMSION: Community Development ITEM DESCRIPTION: Donald R. Uram The Watertower Danette M. Moore Requested Action Move to: DATE: 12/18/01 ITEM NO.: mJ3) 0 0 0 Close the Public Hearing; and Adopt the Resolution for Comprehensive Guide Plan Change fiom Regional Commercial to Community Commercial on 5.59 acres; and Adopt the Resolution for PUD Concept Amendment on 5.59 acres; and Approve lSt Reading of the Ordinance for PUD District Review on 5.59 acres and Rezoning fi-om Regional Service Commercial to Community Commercial on 5.59 acres; and Direct Staff to prepare a Developer's Agreement incorporating Board and Staff recommendations and Council conditions. - 0 Synopsis The project consists of two buildings connected by a skyway. The buildings will include an 8,000-sq. ft. restaurant, 11,500-sq. ft. of office, clubhouse, banquet facilities, and 223 apartments. A guide plan change and rezoning to Community Commercial is required in order to permit housing in a commercial zoning district. There are waivers for building height, Base Area Ratio, Floor Area Ratio, density, and impervious surface in the Shoreland Area. The project is located on Singletree Lane, east of Bachman's. Community Planning Board Recommendation The Community Planning Board voted 7-0 at its December 10, 2001 meeting to recommend approval of the project with the following changes to the architecture of the north building . Make the corners of the building larger. 0 Vary the size and dimensions of the balconies. 0 Vary the height of the roof. The developer will present architectural alternatives at the December 18th City Council meeting. I Background Information The guide plan change will create housing in close proximit] to office, commercial amenities, medical facilities, trail systems, and Purgatory Creek Recreation Area Park. The waivers are: 0 Building height from 40 to 50 feet 0 Base Area Ratio from .20 to .38 0 Floor Area Ration fkom .40 to 1.12 0 Density from 17.4 to 39.9 units per acre 0 Impervious surface from 30% to 70% in the Shoreland Area. The requested waivers are similar to those granted for the Lincoln Parc project. The waivers are needed in order to create a mixed land use project that creates housing near employment and commercial services. The mixed land uses helps reduce traffic. Attachments 1. 2. 3. Resolution for Guide Plan Change Resolution for PUD Concept Amendment Staff Report dated November 23,2001 TEE WATERTOWER CITY OF EDEN PRAlRlE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2001- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF THE WATERTOWER FOR NORTH AMERICAN PROPERTIES OF MINNESOTA 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; kd WHEREAS, the Community Planning Board did conduct a public hearing on The Watertower PUD Concept by North American Properties of Minnesota 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 December 18,2001. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. The Watertower, 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 November 20,2001. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated November 26,2001. ADOPTED by the City Council of the City of Eden Prairie this 18 th day of December, 2001. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 3 Exhibit A The Watertower Legal Description: Lot 2, Block 1, Eden Prairie Marketcenter 2nd Addition 4 THE WATERTOWER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2001- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan (“Plan”); and . WHEREAS, the Plan has been submitted to and approved by the Metropolitan Council; and WHEREAS, the proposal of The Watertower by North American Properties of Minnesota is for 223 housing units, 8,000 square feet of restaurant, and 11,500 square feet of office, clubhouse, and banquet facilities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: 5.59 acres from Regional Commercial to Community Commercial, located on Singletree Lane, east of Bachman’s. ADOPTED by the City Council of the City of Eden Prairie this 18th day of December, 2001. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 5 STAF'F REPORT TO: FROM: DATE: SUBJECT: APPLICANT: OWNER: LOCATION: REQUEST: Community Planning Board Danette M. Moore, Planner November 23,2001 The Watertower North American Properties of Minnesota City of Eden Prairie Singletree Lane, east of Bachman's ' 1. Comprehensive Guide Plan Amendment -&om Regional Commercial to Community Commercial on 5.59 acres. 2. Planned Unit Development Concept Amendment on 5.59 acres 3. Planned Unit Development District Review with waivers on 5.59 acres 4. Rezoning from Regional Service Commercial to Community Commercial on 5.59 acres. 5. Site Plan Review on 5.59 acres. 6 Staff Report - The Watertower November 23,2001 BACKGROUND The proposed Watertower project is part of the 23 acre Market Center Planned Unit Development. The adjacent portions of the Market Center PUD include Bachman’s, Brunswkk Bowl, and Lincoln Parc. Surrounding uses consist of industrial to the north and commercial to the east, west, and south. COMPREHENSIVE PLAN AMENDMENT The Watertower site is currently guided Regional Commercial and zoned Regional Service Commercial. A Guide Plan Amendment to Community Commercial and zoning change to Community Commercial is requested. The Community Commercial guiding will allow the combination of commercial and residential uses. This mixed use will incorporate storefront offices, a restaurant, and apartments. This use will provide housing in close proximity to office, commercial amenities, and trail systems. Higher density projects are appropriate adjacent to land that is guided Regional Commercial. Residential uses are permitted in the Community Commercial Zoning District through PlannedUnit Developments. The Guide Plan Amendment and zoning change are similar to the previously approved Lincoln Parc project to the east. SITE PLAN The site plan shows the development consisting of two buildings connected by a skyway. The buildings will consist of 288,000 square feet of space including an 8,000 sq. ft. restaurant space, 11,500 sq. ft. of office, clubhouse, and banquet facilities, and 223 apartments. The gross density is 39.9 units per acre. There are 536 parking spaces, with 108 provided on the surface and 428 underground. The proposed parking meets City Code requirements. The building and parking meet all setback requirements. PLANNED UNIT DEVELOPMENT WAIVERS The following waivers are requested. 1. Building height from 40 to 50 feet, Base Area Ratio from .20 to .38, Floor Area Ratio from .40 to 1.12, and density from 17.4 to 39.9 units per acre. These waivers are appropriate since the site is located in an area that is appropriate for higher intensity development. The requested waivers are similar to the ones granted for the Lincoln Parc project to the east. Staff Report - The Watertower November 23,2001 2. Impervious surface from 30% to 70% in a Shoreland Area. The building is within the 1,000 foot Shoreland Area of Lake Idlewild. The building is 745 feet away from the lake. The shoreland setback is 200 feet. Storm water does not drain towards the lake, but to a NURP pond on the Bachman’s site. This request is similar to a waiver granted for the Lincoln Parc project to the east TREE LOSS AND LANDSCAPING PLAN There are no significant trees on this site. The caliper inch landscaping requirement is based on building size. The plan meets the caliper inch requirement of 900 inches. A portion of the landscaping will be located along Singletree Lane. The plant types and location will need to be evaluated to determine if there is proper site vision distance at the medians and the intersections. SIDEWALKS AND TRAILS The existing sidewalk connection along the southwest portion of the site will be disturbed due to necessary utility construction. Existing landscaping and decorative paving will need to be replaced. DRAINAGE The project drains to an existing NURP pond on the Bachrnan’s’ site. ARCHITECTURAL STANDARDS The exterior elevations are 78% brick, natural stone, and glass and 22% other materials. The City Code requirement is75% face brick, natural stone, or glass. LIGHTING The lighting plan needs to include decorative street lights within the project to be consistent with the City standards along Singletree Lane. The proposal includes two monument signs near the current access points along Singletree Lane. The monument signs located at the entrances will need to be placed 20 feet from the right of way. Staff Report - The Watertower November 23,2001 UTILITIES Utilities are available in Singletree Lane. CONCLUSION The Community Planning Board should discuss the following questions: 1. Should the land use remain as guided, or be changed to Community Commercial? 2. Waivers are requested for height, Floor Area Ratio, Base Area Ratio, density, and impervious surface in the Shoreland Area. Does the plan with waivers result in a better design for the City? STAFF RECOMMENDATION Staff recommends approval of the Comprehensive Guide Plan Change fiom Regional Commercial to Community Commercial on 5.59 acres; Planned Unit Development District Review with waivers on 5.59 acres; Rezoning from Commercial-Regional-Service to Community Commercial on 5.59 acres; and Site Plan Review on 5.59 acres based on plans dated November 7,2001, this Staff Report, and the following: 1. Prior to City Council review, the proponent shall: A. Adjust the monument sign placement to a 20 foot setback. B. Submit a plan showing a sanitary sewer line connection to the existing sanitary sewer. C. Submit to Planning Staff a plan with proposed decorative lighting. D. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. 2. Prior to building permit issuance, the proponent shall: A. Review the building plans with the Fire Marshal. B. Submit a landscaping bond in accordance with City Code. C. Pay the cash park fee. Staff Report - The Watertower November 23,2001 D. Vacate the easement located on the west side of the site. 3. The following waivers to the City Code are granted as part of the PUD: 0 Building height of 50 feet. Code allows 40 feet. 0 Density at 39.9 units per acre. Code allows up to 17.4 units per acre. 0 Base Area Ratio of .38. Code allows up to .20. Floor Area Ratio of 1.12. Code allows up to .40 for multiple stories. 0 Impervious Surface at .70. Code allows a maximum of .30. CITY COUNCIL AGENDA SECTION: Payment of Claims SERVICE AREA/DIVISION: ITEM DESCRIPTION: Community Development and Financial Services/Don Uram Payment of Claims I Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 105684-1 06 149 Wire Transfers 1163-1 172 Background Information DATE: December 18,2001 ITEM NO.: vrtr Attachments City of Eden Prairie Council Check Summary I211 812001 Division Amount 100 I01 102 110 111 112 113 114 115 116 117 130 131 133 134 135 136 151 153 154 156 157 158 160 161 162 163 180 184 185 186 200 201 203 301 308 314 502 506 509 51 1 601 602 603 701 702 703 800 803 General City Manager Legislative Legal Counsel City Clerk Customer Service Human Resources Communication Services Benefits & Training Risk Management Facilities City Center Assessing Finance Community Development Heritage Preservation Information Technology Wireless Communication Park Maintenance Athletic Programs Community Center Youth Programs Special Events Senior Center Adaptive Recreation Oak Point Pool Arts Park Facilities Police Fire Animal Control Inspections Engineering Street Maintenance Fleet Services CDBG Liquor Compliance Park Development lmprovment Bonds 1996 CIP Fund Construction Fund Prairie Village Liquor Den Road Liquor Prairie View Liquor Water Fund Sewer Fund Storm Drainage Fund TIF Escrow Fund E-91 1 629,031 9,523 3,497 42,484 974 11,431 503 7,609 3,102 397 11,589 642 700 120 91 943 823 8,178 34,432 5,419 14,714 2,894 5,755 7,827 197 76 118 1,718 4,956 10,308 1,340 129 1,528 94,393 27,318 171 31,325 2,801 16,504 50,560 6,702 9,829 63,471 1 19,993 85,562 176,818 5,685 5,285 117,127 1,400,691 Grand Total 3,037,281 City of Eden Prairie Council Check Register 12/18/2001 Check # Amount Vendor Business Unit 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 105684 105685 105686 105687 105688 105689 105690 105691 105692 105693 105694 105695 105696 105697 105698 105699 105700 105701 105702 105703 105704 105705 105706 105707 105708 105709 105710 105711 105712 10571 3 105714 105715 105716 105717 105718 10571 9 105720 105721 105722 105723 105724 105725 105726 105727 105728 62,597 122,907 22,420 13,027 7,248 61,560 134,985 25,070 12,727 7,848 300 200 474 507 225 1,078 2,491 280 447 2,066 31 5 1,340 236 1,500 25 450 21 100 111 25 65 1,220 43,694 120 251 9 382 250 299 500 91 90 200 34 76 42,821 45 9,654 882 222 200 1,040 308 134 1,271 PUBLIC EMPLOYEES RETIREMENT WELLS FARGO MINNESOTA N A MINNESOTA DEPT OF REVENUE ORCHARD TRUST CO AS TRUSTEEKU ICMA RETIREMENT TRUST-457 PUBLIC EMPLOYEES RETIREMENT WELLS FARGO MINNESOTA N A MINNESOTA DEPT OF REVENUE ORCHARD TRUST CO AS TRUSTEEKU ICMA RETIREMENT TRUST457 BCA CJlS ID UNIT BUTCHER SHERRY CONRAD SPENCER GRANT ROBERT R. MILE PORTRAIT & EVENT IMAGING INC. AARP 55 ALIVE MATURE DRIVING ANOKA COUNTY SHERIFF'S OFFICE ARCH PAGING ASPEN WASTE SYSTEMS INC. BLOOMINGTON CITY OF BOGREN ANN CARLSON PAUL CARVER COUNTY TREASURER CDW GOVERNMENT INC. CENTRAIRE INC CW AUTO REPAIR US POSTMASTER - HOPKINS DAMICO AND SONS DAKOTA COUNTY TREASU RER-AU DIT0 DUPONT BRENT E.P.F.S. EF JOHNSON FADDEN TIMOTHY FREY LYNDELL GILBERT MECHANICAL GLENWOOD INGLEWOOD GROSCH HEIDI HENNEPIN COUNTY In DEPT JIM CARLSON LEASING COMPANY KEATING MARY KING MARION KOlVUMAKl MOLLY KRAEMERS HARDWARE INC KRESS CARLA LANG PAULY GREGERSON AND ROSOW LOPEZ MARISSA MASSMUTUAL LIFE INSURANCE CO. MEDICINE LAKE TOURS MlNN ST ADMIN ITG TELECOM SERV MOSMAN JAN MPPOA MU H LHAU SER WENDY NEXTEL COMMUNICATIONS NILSSON BETH General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund E-91 1 Program General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund Water Enterprise Fund General Fund General Fund General Fund Prairie View Liquor Store General Fund General Fund General Fund General Fund General Fund General Fund General Fund 3 City of Eden Prairie Council Check Register I211 812001 Check # 105729 105730 105731 105732 105733 105734 105735 105736 105737 105738 105739 105740 105741 105742 105743 105744 105745 105746 105747 105748 105749 105750 105751 105752 105753 105754 105755 105756 105757 105758 105759 105760 105761 105762 105763 105764 105765 105766 105767 105768 105769 105770 105771 105772 105773 105774 105775 105776 105777 105778 105779 105780 105781 105782 105783 Amount 60 364 2,000 38 75 135 139 28 100 850 78 132 5 110 8 184 423 77 13 5 774 75 108 5 450 15,202 25 1 138 75 135 171 5 16 5 195 214 30 230 120 261 42 1,694 5,110 1,829 767 2,992 65 130 125 3 21 40 12 7,560 96 NlOA PARK llC0L Vendor ET CLINIC PETTY CASH-POLICE DEPT PITNEY BOWES PRAIRIE PARTNERS SIX LLP QWEST GOVERNMENT SERVICES INC SMITH HOLLY A. STAR TRIBUNE TWIN CITIES AVANT1 STORES UZZELL LYNETTE VANDENBERGHE MARK BAGELMAN'S NEW YORK BAKERY BOLAND MICHAEL BRESLIN DANIEL C.O. CARLSON AIR CONDITIONING CRACAUER CLIFF CRAGUNS CUMMINGS KIM EDEN PRAIRIE BASEBALL ASSN EIDEM KRlS ESBENSEN GEORGE FDSOA GARDNER COLLEEN GROTENHUIS VAN HEMKER WILDLIFE PARK HENNEPIN COUNTY TREASURER INTEX CORP ISFSI JENSEN CAMILLE JOHNSON BEN KLOSS KEN LEON DUDA PLUMBING LIARD MARIA M. J.O.A. MANN TRlA MEMA ATTN KEN SOUTHORN MINNESOTA STATE FIRE CHIEFS AS MN DNR PETTY CASH PHILLIPS LINDA PROTECTION ONE PRUDENTIAL INSURANCE CO OF AME QWEST RADCO RELIASTAR LIFE INSURANCE CO RUND LISA SCHMITZ THOMAS SEVER PETERSON FARM STAR TRIBUNE STEINKRAUS PLUMBING INC TELEPHONE ANSWERING CENTER INC TIME WARNER CABLE ATLAS FOUNDATION CO BCA CJlS ID UNIT HUMAN SERVICES - EMSOCS Business Unit General Fund General Fund Liquor Compliance General Fund Prairie Village Liquor Store E-91 1 Program General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund Park Acquisition & Development General Fund Water Enterprise Fund General Fund General Fund CDBG Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund Water Enterprise Fund Prairie View Liquor Store General Fund Water Enterprise Fund General Fund General Fund General Fund City of Eden Prairie Council Check Register 12/18/2001 Check # Amount Vendor Business Unit 105784 105785 105786 105787 105788 105789 105790 105791 105792 105793 105794 105795 105796 105797 105798 105799 105800 105801 105802 105803 105804 105805 105806 105807 105808 105809 105810 105811 105812 105813 105814 105815 105816 105817 105818 105819 105820 105821 105822 105823 105824 105825 105826 105827 105828 105830 105831 105833 105834 105835 105836 105837 105838 105839 105840 110 80 150 100 41,155 9,523 300 100 43 100 100 5,191 88 195 100 100 23 100 4,428 200 50 1,575 171 100 150 51,289 14,477 1,345,219 10,206 683 40 161 432 424 101 116 1,762 206 1,755 263 6,279 6,247 13,604 31 9 2,340 11,660 406 22,451 1,732 7,486 643 115 137 4,157 436 BENIEK BRIAN CHASKA COMMUNITY CENTER DANIELSON ROBERT C. DRITS JULIA ELlM CARE INC ENGER CHRIS FAHEY LARRY FOSTER MARJORIE GINA MARIAS INC HANSEN JERRY C. HERSCH CHARLES INSTITUTE OF TRANSPORTATION EN INTERNATIONAL CONF OF BLDG OFF JOHNSON MERYL E. KARULF DEBORAH LAVONE CAROUPAT LAWSON GREG M & J WILKOW MCCORMICK CAROL MEIER ELLEN MINNEAPOLIS COMMUNITY COLLEGE NEWTON J. RANDALL NOMURA KATHERINE L. OLSEN JAMES PRAIRIE VILLAGE LMTD PARTNERSH REAL ESTATE EQUITY SOUTHWEST METRO TRANSIT STUART MANAGEMENT COMPANY THERKELSEN GARY TRAPP SUZANNE VERIZON WIRELESS BELLEVUE WALMART COMMUNITY WATER NEEDS WOODDALE BLDERS WRIGHT IRENE ALL SAINTS BRANDS DISTRIBUTING AMERIPRIDE LINEN &APPAREL SER BELLBOY CORPORATION COMMANDEUR LLC DAY DISTRIBUTING EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY GElTMAN COMPANY GRAPE BEGINNINGS GRIGGS COOPER & CO HOHENSTEINS INC JOHNSON BROTHERS LIQUOR CO LAKE REGION VENDING MARK VI1 MIDWEST COCA COLA BOlTLlNG COM NEW FRANCE WINE COMPANY NORTH STAR ICE PAUSTIS & SONS COMPANY PEPS1 COLA COMPANY 1-494 CORRIDOR COMMISSION TREA General Fund General Fund General Fund Water Enterprise Fund TIF Elim Shores & PVApartment General Fund General Fund Water Enterprise Fund General Fund Water Enterprise Fund Water Enterprise Fund General Fund General Fund General Fund Water Enterprise Fund Water Enterprise Fund General Fund General Fund Water Enterprise Fund General Fund General Fund General Fund General Fund Water Enterprise Fund General Fund TIF Elim Shores & PV Apartment Columbine Road Escrow Fund CASH COMPANY General Fund General Fund General Fund General Fund Water Enterprise Fund Water Enterprise Fund General Fund Den Road Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Den Road Liquor Store Prairie Village Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store General Fund 5 City of Eden Prairie Council Check Register 12/18/2001 Check # 105841 105842 105843 105844 105845 105846 105847 105848 105849 105850 105851 105852 105853 105854 105855 105856 105857 105858 105859 105860 105861 105862 105863 105864 105865 105866 105867 105868 105869 105870 105871 105872 105873 105874 105875 105876 105877 105878 105879 105880 105881 105882 105883 105884 105885 105886 105887 105889 105890 105891 105892 105893 105894 105895 105896 Amount Vendor 13,734 688 1,690 9,690 13,602 481 330 1,435 528 21 77 15 24 17 120 50 2,591 206 4,212 16 170 9 209 35 3,094 140,345 128 150 100 532 100 1,525 100 180 150 40 6 100 254 152 2,044 24 1,663 1,367 192 32 30 1,642 I1 6,122 21 8 113 68 56 35 PHILLIPS WINE AND SPIRITS INC PINNACLE DlSTRl BUT1 NG PRIOR WINE COMPANY QUALITY WINE & SPIRITS CO THORPE DISTRIBUTING VINTAGE ONE WINES INC WINE COMPANY THE WINE MERCHANTS INC WORLD CLASS WINES INC AUTOMATIC GARAGE DOORS BACHMANS CREDIT DEPT BCA CJlS ID UNIT BCA CJlS ID UNIT BRYAN ROCK PRODUCTS INC BYERS KAREN CARLSON BOB CEMSTONE DELEGARD TOOL CO ELAN FINANCIAL SERVICES FEDEX GALYAN'S HOFFHINES ETHEL 10s CAPITAL KLOECKNER LINDA LARKIN HOFFMAN DALY & LINDGREN .MEDICA CHOICE MERLINS ACE HARDWARE NATIONWIDE WASH SYSTEMS RASMUSSEN MARILYN REBS MARKETING RUESINK SHERRI SCHROEDER EUGENE SEELER KRlS SENSIBLE LAND USE COALITION SMITH HOLLY A. SOUTHWEST LOCK & KEY STAR TRIBUNE TOBIN MICHAEL W W GRAINGER XCEL ENERGY AMERICAN EXPRESS PUBLISHING ANCHOR PAPER COMPANY ASPEN WASTE SYSTEMS INC. CLAREYS INC COSTELLO DOLORES EXPRESS MESSENGER SYSTEMS INC GENUINE PARTS COMPANY JOHNSON KAREN KMC TELECOM HOLDINGS INC. LAKELAND FORD TRUCK SALES M SHANKEN COMMUNICATIONS INC MALLOY JODENE MINNCOMM PAGING MINNESOTA PARK SUPERVISORS ASS WASTE MANAGEMENT-SAVAGE MN Business Unit Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie View Liquor Store Den Road Liquor Store Prairie Village Liquor Store Den Road Liquor Store General Fund General Fund General Fund General Fund Water Enterprise Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund Den Road Liquor Store Construction Fund General Fund General Fund General Fund Water Enterprise Fund Water Enterprise Fund Water Enterprise Fund General Fund Water Enterprise Fund General Fund General Fund General Fund Den Road Liquor Store Water Enterprise Fund General Fund Den Road Liquor Store General Fund Prairie View Liquor Store General Fund General Fund Den Road Liquor Store General Fund General Fund General Fund General Fund General Fund General Fund Prairie View Liquor Store General Fund Sewer Fund General Fund 4 City of Eden Prairie Council Check Register 12/18/2001 Check # 105897 105898 105899 105900 105901 105902 105903 105904 105905 105906 105907 105908 105909 105910 10591 1 105912 105914 105915 105916 105917 10591 8 10591 9 105920 105921 105922 105923 105924 105925 105926 105927 105928 105929 105930 105931 105932 105933 105934 105935 105936 105937 105938 105939 105940 105941 105942 105943 105944 105945 105946 105947 105948 105949 105950 105951 105952 Amount 214 25 129 30 364 60 326 112 3,282 10,551 5,850 9,638 751 16,014 17,588 1,059 10,260 94 3,704 709 13,996 1,441 9,179 6,122 18,413 248 758 1,998 150 91 5 73 64 75 600 441 20 65 800 98 68 98 28,968 513 84 375 505 40 199 40 86 12 35 25 622 325 Vendor MODERN OFFICE MWOA NEXTEL COMMUNICATIONS NREMT W GORDON SMITH COMPANY THE ABDALLAH CANDIES ACE ICE COMPANY BELLBOY CORPORATION DAY DlSTRl BUT1 NG EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY GRAPE BEGINNINGS GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO LAKE REGION VENDING MARK VI1 NORTH STAR ICE PAUSTIS & SONS COMPANY PEPS1 COLA COMPANY PHILLIPS WINE AND SPIRITS INC PINNACLE DISTRIBUTING PRIOR WINE COMPANY QUALITY WINE & SPIRITS CO THORPE DISTRIBUTING TRI COUNTY BEVERAGE & SUPPLY VINTAGE ONE WINES INC WINE COMPANY THE WINE MERCHANTS INC WORLD CLASS WINES INC ALT ORRIN BOGREN ANN BRlSBOlS HAVILA COMMISSIONER OF TRANSPORTATION CSUS FOUNDATION DEPARTMENT OF AGRICULTURE DUCHSCHERE KYLE E.P.F.S. FADELL JOSEPH GElS KAREN GElS SHARON HENNEPIN COUNTY HENNEPIN COUNTY PUBLIC RECORDS HENNING LAURIE HOCKENBERGS HOME DEPOTlGECF INSTITUTE OF TRANSPORTATION EN INSTITUTE OF TRANSPORTATION EN KLOECKNER LINDA KREl MELISSA MARQUARDT ESTHER MIDWEST SIGN & SCREEN PRINTING MINNESOTA LANDSCAPE ARBORETUM MRPA OHIO UNIVERSITY PETW CASH-POLICE DEPT Business Unit Water Enterprise Fund Sewer Fund General Fund General Fund Liquor Compliance Water Enterprise Fund Escrow Fund Prairie View Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store General Fund Prairie Village Liquor Store Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Prairie View Liquor Store General Fund General Fund Liquor Compliance General Fund Water Enterprise Fund General Fund General Fund General Fund Liquor Compliance Liquor Compliance Liquor Compliance Escrow Fund General Fund General Fund General Fund General Fund General Fund General Fund Prairie View Liquor Store General Fund General Fund General Fund General Fund General Fund General Fund City of Eden Prairie Council Check Register la1 812001 Check # Amount Vendor Business Unit 105953 105954 105955 105956 105957 105958 105959 105960 105961 105962 105963 105964 105965 105966 105967 105968 105969 105970 105971 105972 105973 105974 105975 105976 105977 105978 105979 105980 105981 105982 105983 105984 105985 105986 105987 105988 105989 105990 105991 105992 105993 105994 105995 105996 105997 105998 105999 106000 106001 106002 106003 106004 106005 106006 106007 230 36 113 150 98 96 764 693 116 175 1,388 373 86 2,886 541 350 17,412 400 240 669 116 393 192 10 165 1,261 1,023 727 70 513 150 15,200 366 41 3 144 579 509 1,542 374 247 133 484 339 22 312 350 365 6,417 31 358 859 286 10 540 1,333 PElTY CASH QUICKSILVER EXPRESS COURIER SCOlT COUNTY SHERIFFS DEPT TCALMC TYLlCKl MELISSA VANDENBERGHE MARK VERIZON DIRECTORIES CORP A P LAWN INC A TO Z RENTAL CENTER ABLE HOSE & RUBBER INC ACME WINDOW CLEANING INC. AIRLIFT DOORS INC. ALTERNATIVE BUSINESS FURNITURE AMERICAN PRESSURE INC AMERICAN WATER WORKS ASSOCIATI ANDERBERG CRAIG W. ANOKA TECHNICAL COLLEGE APRES ARMOR SECURITY INC. ASPEN EQUIPMENT CO. AUTO ELECTRIC SPECIALISTS BALDWIN SUPPLY COMPANY BARR ENGINEERING COMPANY BAUER BUILT TIRE AND BATTERY BECKER ARENA PRODUCTS INC BIFFS INC BILL CLARK OIL CO INC BLOOMINGTON SECURITY SOLUTIONS BOYER FORD TRUCKS BRAUN INTERTEC CORPORATION BROADWAY AWARDS BROWN PAUL C & C EMBROIDERY C & H DISTRIBUTORS INC. CARSONITE INTL CORP CENTRAIRE INC CHANHASSEN BUMPER TO BUMPER CLAREYS INC CLARK PRODUCTS INC CON N EY SAFETY PRODUCTS CONSTRUCTION BULLETIN COPY EQUIPMENT INC CORPORATE EXPRESS COUPON MESSENGER INC CUB FOODS EDEN PRAIRIE CY'S UNIFORMS DALCO DANK0 MES INC DECORATIVE DESIGNS INC DIGGERS PRIOR LAKE POLARIS DILLEY TODD A-I STRIPES INC ANCHOR FENCE OF MINNESOTA INC BARKER-HAMMER ASSOCIATES INC. CUTLER-MAGNER COMPANY General Fund General Fund Escrow Fund General Fund Liquor Compliance General Fund Prairie View Liquor Store General Fund General Fund Park Acquisition & Development Water Enterprise Fund General Fund General Fund Capital Impr. / Maint. Fund Sewer Fund Water Enterprise Fund Water Enterprise Fund General Fund General Fund General Fund General Fund General Fund General Fund Water Enterprise Fund General Fund Capital Impr. I Maint. Fund General Fund General Fund General Fund General Fund Prairie View Liquor Store General Fund Improvement Projects 1996 General Fund General Fund General Fund Water Enterprise Fund General Fund General Fund General Fund Water Enterprise Fund General Fund Water Enterprise Fund Water Enterprise Fund General Fund General Fund General Fund General Fund Water Enterprise Fund General Fund General Fund General Fund Water Enterprise Fund General Fund General Fund City of Eden Prairie Council Check Register la1 812001 Check # 106008 106009 106010 10601 1 106012 10601 3 106014 106015 106016 106017 10601 8 10601 9 106020 106021 106023 106024 106025 106026 106027 106028 106029 106030 106031 106032 106033 106034 106035 106036 106037 106038 106039 106040 106041 106042 106043 106044 106045 106046 106047 106048 106049 106050 106051 106052 106053 106054 106055 106056 106057 106058 106059 106060 106061 106062 106063 Amount 983 115 8,266 930 149 444 3,253 110 945 263 308 243 22 5,010 2,936 2,000 140 5,062 300 549 795 1,611 468 7,565 2,364 49 225 700 120 77 119 240 820 6,244 643 1,251 716 340 225 35 210 314 897 168 555 30 552 1,964 313 21 530 I a8 a40 188 2,786 Vendor DIVERSIFIED INSPECTIONS INC DRlSKlLLS NEW MARKET DRT TRANSPORT EARL F ANDERSEN INC ECOLAB INC ELVIN SAFETY SUPPLY INC EMED COMPANY INC EMERGENCY APPARATUS MAINTENANC EULL'S MANUFACTURING CO INC FACILITY SYSTEMS INC FERRELL LONAIAH FERRELLGAS FISHER SCIENTIFIC FRANKLIN COVEY CO. G & K SERVICES DIRECT PURCHASE GARDNER HARDWARE CO ~ GRAFIX SHOPPE GRAYBOW COMMUNICATIONS GROUP GREENER PASTURES GUNNAR ELECTRIC CO INC HACH COMPANY HANSEN THORP PELLINEN OLSON HARMON AUTOGLASS HARTLAND FUEL PRODUCTS LLC HAWKINS WATER TREATMENT GROUP HELLING TERl HENNEPIN COUNTY In DEPT HENNEPIN TECHNICAL COLLEGE HI RSH FI ELDS PA1 NT MANU FACTU RI N HOCKENBERGS HOLMES JOHN CARTER HOLMES KEN HOLMES TOM HOUSE OF PRINT ICE SKATING INSTITUTE ICERINK SUPPLY CO INDEPENDENT SCHOOL DlST NO. 27 INDUSTRIAL LIGHTING SUPPLY INC INFRATECH INSPEC INC. INSTITUTE OF TRANSPORTATION EN J & H BERGE INC J H LARSON ELECTRICAL COMPANY J J KELLER &ASSOCIATES INC J&R RADIATOR CORP JANEX INC JOHN HENRY FOSTER MINNESOTA IN JRS APPLIANCE DISPOSAL INC LAB SAFETY SUPPLY INC LAKE COUNTRY DOOR LAKELAND FORD TRUCK SALES LAN0 EQUIPMENT INC LASTAVICH STEVE G & K SERVICES-MPLS INDUSTRIAL HAYDEN-MURPHY EQUIPMENT COMPAN Business Unit General Fund General Fund Water Enterprise Fund General Fund Water Enterprise Fund General Fund Water Enterprise Fund General Fund Sewer Fund Capital Impr. / Maint. Fund General Fund General Fund Water Enterprise Fund General Fund General Fund Water Enterprise Fund Water Enterprise Fund General Fund General Fund General Fund General Fund Water Enterprise Fund Storm Drainage General Fund General Fund Water Enterprise Fund General Fund General Fund General Fund General Fund General Fund Sewer Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund Water Enterprise Fund Sewer Fund Capital Impr. I Maint. Fund General Fund Water Enterprise Fund General Fund Water Enterprise Fund General Fund General Fund Water Enterprise Fund Water Enterprise Fund General Fund General Fund General Fund General Fund General Fund 4 City of Eden Prairie Council Check Register I211 812001 Check # 106064 106065 106066 106068 106069 106070 106071 106072 106073 106074 106075 106076 106077 106078 106079 106080 106081 106082 106083 106084 106085 106086 106087 106088 106089 106090 106091 106092 106093 106094 106095 106096 106097 106098 106099 106100 1061 01 1061 02 106103 106104 106105 106106 106107 106108 106109 106110 106111 106112 106113 106114 106115 106116 106117 106118 106119 Amount 640 3,511 166 999 4,883 320 58 1,570 24,803 895 9,654 62 296 47 2,483 259 11,483 64 452 174 50 129 75 3,888 82,727 62 308 2,073 58,519 380 692 44 12 320 621 142 81 43,178 273 900 21 7 571 9,932 77 166 1,001 1,492 1,529 3,219 450 5,043 276 21 984 1,790 Vendor LIFE SAFETY SYSTEMS LllTLE FALLS MACHINE INC M/A ASSOCIATES MENARDS METRO SALES INCORPORATED* METROPOLITAN FORD MICRON I CS MIDWEST ASPHALT CORPORATION MINGER CONSTRUCTION INC MINNESOTA GREEN LANDSCAPING IN MINNESOTA VALLEY LANDSCAPE INC MINNESOTA VALVE & FllTlNG CO. MOORE MEDICAL CORP MTI DISTRIBUTING INC MWH AMERICAS INC NEWMECH NOKOMIS SHOE SHOP NORTH CENTRAL LABORATORIES NORTHERN TOOL & EQUIPMENT CO. NORTHSTAR REPRO PRODUCTS INC OLSEN COMPANIES OS1 BATTERIES INC PAIN ENTERPRISES INC. PARROTT CONTRACTING INC PEARSON BROTHERS INC PEPPER OF MINNEAPOLIS PETERSEN TAMARA PETERSON ENVIRONMENTAL CONSULT PRAIRIE ELECTRIC COMPANY PRAIRIE LAWN AND GARDEN PRAIRIE OFFSET PRINTING PRIORITY COURIER EXPERTS RAINBOW FOODS INC. RAY DAVID M. RAY LEE RENTAL SERVICE CORPORATION RlTZ CAMERA RMR SERVICES INC ROOT 0 MATlC RUMPCA CO INC SANCO CLEANING SUPPLIES SAVOIE SUPPLY CO INC SHORT ELLIOT HENDRICKSON INC SIWEK LUMBER & MILLWORK INC SNELL MECHANICAL INC SRF CONSULTING GROUP INC STANDARD SPRING STATE CHEMICAL MFG. CO. THE STERLING FENCE INC SUBURBAN CHEVROLET GEO SUBURBANPROPANE SUBURBAN TIRE &AUTO SERVICE I SUMMIT ENVIROSOLUTIONS SNAP-ON TOOLS SOUTHWEST SUBURBAN PUBLISHING- Business Unit General Fund General Fund Water Enterprise Fund General Fund General Fund General Fund Water Enterprise Fund General Fund Improvement Projects 1996 Improvement Projects 1996 General Fund Water Enterprise Fund General Fund General Fund Storm Drainage Water Enterprise Fund General Fund Water Enterprise Fund Water Enterprise Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund Construction Fund Water Enterprise Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund Water Enterprise Fund Sewer Fund General Fund Water Enterprise Fund General Fund Improvement Projects 1996 General Fund General Fund General Fund General Fund Improvement Projects 1996 General Fund Water Enterprise Fund Water Enterprise Fund General Fund General Fund General Fund Water Enterprise Fund City of Eden Prairie Council Check Register la1 812001 Check # 106120 106121 106122 106123 106124 106125 106126 106127 106128 106129 1061 30 1061 31 106132 106133 106134 106135 106136 106137 106138 106139 106140 106141 106142 106143 106144 106145 106146 106147 106148 106149 Amount 125 770 10 1,161 2 872 642 1,970 272 67 885 3 24,257 633 1,625 97 60 84 1,274 1,664 85 4,662 551 21 3 1,693 1,630 333 168 41 225 3,037,281 Vendor SWEDLUNDS THYSSENKRUPP ELEVATOR TIMBERWALL LANDSCAPING INC TIMME INC TOLL GAS AND WELDING SUPPLY TOTAL REGISTER TRANS ALARM INC TRENCHERSPLUS TRUGREEN CHEMLAWN MTKA TWIN CITY OXYGEN CO UNITED LABORATORIES UNLIMITED SUPPLIES INC URS/BRW US FI LTERNVATERPRO VOPAK USA INC. VWR SCIENTIFIC PRODUCTS W GORDON SMITH COMPANY THE W W GRAINGER WATER SPECIALITY OF MN INC WATSON CO INC THE WESTWOOD PROFESSIONAL SERVICES WICHTERMAN'S LTD WIERSMA LUKE WINGFIELD PERFORMANCE INC. WM MUELLER AND SONS INC WORM SANDY YALE INCORPORATED ZEE MEDICAL SERVICE ZEP MANUFACTURING CO WESTBURNE SUPPLY INC - PLYMOUT Grand Total Business Unit General Fund Water Enterprise Fund General Fund Capital Impr. / Maint. Fund Water Enterprise Fund Prairie View Liquor Store General Fund City Center General Fund General Fund Water Enterprise Fund Water Enterprise Fund General Fund Escrow Fund Water Enterprise Fund Water Enterprise Fund Water Enterprise Fund General Fund Water Enterprise Fund General Fund General Fund General Fund Construction Fund General Fund General Fund General Fund General Fund General Fund Water Enterprise Fund General Fund General Fund CITY COUNCIL AGENDA SECTION: Petitions, Requests and Communications DATE:, December 18,2001 SERVICE AREA/DMSION: ITEM DESCRIPTION: Presentation by Minnesota Water Quality Partnership on Phosphorus Legislation I ITEMNO.: Synopsis The Minnesota Water Quality Partnership has requested time to update the City Council on recent legislation limiting use of phosphorus. Attachments Memo fi-om Minnesota Water Quality Partnership I MEMORANDUM From: Minnesota Water Quality Partnership To: Eden Prairie City Council Date: December 13,2001 Re: Pending Legislation Regarding Phosphorus-Containing Fertilizer The Minnesota Water Quality Partnership ("the MWQP") is a coalition of local governments, watershed districts and concerned Minnesotans who believe that Minnesota's lakes and waterways are being polluted by the run-off caused by the over-use of phosphorus-containing lawn fertilizer ("PLF"). The MWQP advocates for the passage of legislation in the next session of the Minnesota Legislature that would create a statewide restriction on the sale and use of PLF. Studies performed in the State of Minnesota (''the State") indicate that over 80% of lawns in the State have sufficient levels of phosphorus occurring naturally. The use of PLF is above and beyond most lawns phosphorus needs. The legislation we advocate restricts the sale and use of PLF except under certain limited conditions: (1) (2) (3) When using organic PLF. When a test calls for PLF application; When creating new turf; and The legislation is another tool for government to continue the education process already underway in many communities. The City of Eden Prairie has adopted a Resolution supporting the legislation advocated by the MWQP, and the City of Shorewood. Representatives of the MWQP wish to update members of the City Council on the progress of the legislation and request that the City make a contribution to the cost of the legislative effort. A number of established interest groups have lined up to oppose this legislation. In response, the MWQP seeks the participation of local elected officials to ensure success in the 2002 legislative session. James A. McGreevy III Larkin, Hoffinan, Daly & Lindgren 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Bloomington, MN 5543 1 Work: 952-896-3224 Mobile: 612-483-8984 Fax: 952-896-1598 CITY COUNCIL AGENDA SECTION Reports of Director Parks and Recreation Services SERVICE AREA/DMSION Parks and Recreation Robert A. Lambert Director $& ITEM DESCRIPTION: Purgatory Creek Recreation Area Park DATE: December 18, 2001 ITEM NO: rn .c Requested Action Motion: Move to approve the proposed Phase I Improvements for Purgatory Creek Recreation Area as detailed in the plans dated 12/4/01, Synopsis The City has budgeted 1.2 million dollars for development of the first phase of the Purgatory Creek Recreation Area as part of a four million dollar joint project with the Riley, Purgatory Bluff Creek Watershed District for water quality improvements. Staff estimates this portion of the first phase will cost approximately $800,000. The next portion of this phase will be the development of the trail around the marsh and connecting to the trail around Staring Lake. That will be a Watershed District project completed later in 2002. (The City will fund 50% of that project.) Background The Planning Board reviewed and approved the park concept plan on July 9,2001 and this Phase I plan on December 10, 2001. The plan being presented to the Council is slightly different than the original concept that was reviewed this summer. There have been some shifts in the location of the park amenities to accommodate poor soils that were found on the site after soil borings were taken. The park still has the same number of amenities; however, they are in slightly different arrangement than the original concept plan. The Planning Board reviewed the design for compliance with City Code, including the access, parking, drainage, landscaping, setbacks, architecture, wetlands, and lighting. CONSULTING GROUP, INC. Transportation a Civil a Structural Environmental Planning. Traffic. Landscape Architecture a Parking - SRI; No. 0014107 MEMORANDUM TO: City of Eden Prairie City Council FROM Barry Warner, FASLA, AICP Senior Vice President Ken Grieshaber, ASLA Associate DATE: December 11,2001 SUBJECT: PURGATORY CREEK PROPERTY PHASE 1 IMPROVEMENTS GENERAL DESCRIPTION The Purgatory Creek property is an approximately seven-acre parcel located at the southeast corner of Technology Drive and Prairie Center Drive. The Flagship Corporate Center borders the east side of the park and wetland borders the south side. A large drainage ditch bisects the center of the ditch and buffering the wetland is volunteer vegetation comprised of willow and cottonwood trees. A large concentration of cattails also borders the wetland edge. An access was recently constructed through the north third of the park property to serve both the Flagship Corporate Center and future park visitors. The park will be the main source of access to a proposed trail system around the perimeter of the Purgatory Creek wetland complex. In conjunction with development of the park property, two infiltration pond areas are proposed to be built to the south of the.park. In addition, 1.84 acres of wetland have been permitted for filling by the DNR to allow for more land area to be established in the park. PROJECT BACKGROUND Planning and design activities related to 'the development of the park property began in March 2001 when a park task force was assembled by the City to provide feedback and input regarding programming and development concepts for the park. After reviewing program alternatives with adjacent property owners, the task force, the Parks and Recreation Commission arid Program Board, the Planning Board, and City Council, a decision was made to pursue a more urban and active programming theme for the park. Four design alternatives were generated and a preferred schematic master plan was prepared and presented to the Task Force on June 18, 2001, the Parks and Recreation Commission and Program Board on June 26,2001, the Planning Board on July 9, 2001, the RPBC Watershed District on August 1,2001, and the City Council on August, 2001 for approval. One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (763) 475-0010 Fax (763) 475-2429 http: / /www.srfconsulting.com An Equal Opportunity Employer a City of Eden Prairie City Council -2- December 11,2001 PHASE 1 IMPROVEMENTS AND CONSTRUCTION SCHEDULE The following improvements are proposed as part of Phase One Construction for the park: 1. Grading and surcharging fill material in park.to proposed elevations. 2. 3. Extension of the existing 48-inch storm through the park. Construction of parking lot and lighting on the north side of park. 4. Installation of landscaping in park. 5. Installation of an irrigation system in park. 6. Installation of a trail system within and around perimeter of park. Phase One improvements are proposed to begin in early to mid February 2002 and be completed by the end of October 2002 (see attached schedule). Subsequent phases of development will occur as funding sources become available. t