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City Council - 02/19/2002
AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,FEBRUARY 19,2002 CITY CENTER 5:30-6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, David Luse and Jan Mosman 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 Heritage Room II I. CALL MEETING TO ORDER II. APPROVAL OF AGENDA III. REVIEW CITY MANAGER CANDIDATES IV. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) A. FRIENDS OF BIRCH ISLAND WOODS VI. OPEN PODIUM(Unscheduled participants, 6:50-7:00 p.m.) VII. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,FEBRUARY 19,2002 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, David Luse and Jan Mosman 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 Jan Nelson Curielli • I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. CITY COUNCIL WORKSHOP HELD JANUARY 28,2002 B. SPECIAL CITY COUNCIL MEETING HELD JANUARY 28,2002 C. CITY COUNCIL WORKSHOP HELD FEBRUARY 5,2002 D. CITY COUNCIL MEETING HELD FEBRUARY 5,2002 • VI. CONSENT CALENDAR A. HENNEPIN VILLAGE by The Pemtom Land Company. 2nd Reading for Planned Unit Development District Review with waivers on 28.3 acres, Zoning District Change from Rural to RI-9.5 on 10.3 acres and from Rural to RM-6.5 on 18 acres, and Site Plan Review in the RM-6.5 District on 18 acres. Location: South of Flying Cloud Airport, east of Eden Prairie Road, and north of Highway 212. (Ordinance for PUD District Review and Zoning District Change and Resolution for Site Plan Review) B. AUTHORIZE PURCHASE OF MITEL SX 2000 EQUIPMENT FROM ESCHELON COMMUNICATIONS FOR THE COMMUNITY CENTER C. APPOINTMENT OF ASSISTANT WEED INSPECTOR CITY COUNCIL AGENDA February 19,2002 Page 2 D. AWARD BID FOR PURGATORY CREEK RECREATION AREA PARK GRADING TO VEIT COMPANIES E. APPROVE CERTIFICATE OF CORRECTION OF OAKPARKE ESTATES 3"ADDITION F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO, INC. FOR DESIGN AND CONSTRUCTION SERVICES FOR WATERMAIN ADJACENT TO TH 212,I.C. 02-5559 G. PARTIAL RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR BRAXTON WOODS 2ND ADDITION,S.S.A. 01-05 H. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR BRAXTON WOODS ADDITION, S.S.A. 00-04 I. ADOPT RESOLUTION FOR SUBMITTAL OF APPLICATION FOR 2001 HENNEPIN COUNTY RESIDENTIAL RECYCLING FUNDING POLICY GRANT J. ADOPT RESOLUTION SUPPORTING LEGISLATION PERMITTING USE OF SUPPRESSED WEAPONS FOR LOCAL GOVERNMENT APPROVED DEER MANAGEMNET PROGRAMS K. APPROVE CREDIT CARD PROCESSING SERVICES CONTRACT VII. PUBLIC HEARINGS/MEETINGS VIII. PAYMENT OF CLAIMS IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS A. REQUEST FOR LEGISLATIVE ACTION TO APPROVE CONSTRUCTION FUNDING FOR NEW TH 212 IN 2004(Resolution) B. HEARING REGARDING ISSUANCE OF PRIVATE KENNEL LICENSE XI. REPORTS OF ADVISORY BOARDS &COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Final City Manager Candidates CITY COUNCIL AGENDA February 19,2002 Page 3 B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Birch Island Woods—Industrial Parcel D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS A. CLOSED SESSION ON POTENTIAL LITIGATION XV. ADJOURNMENT E UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP MONDAY,JANUARY 28,2002 6:30 PM,CITY CENTER Heritage Room II 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, and Jan Mosman CITY STAFF: City Manager Carl Jullie, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Parks & Recreation Services Director Bob Lambert, Community Development and Financial Services Director Don Uram, Director of Emergency Preparedness Molly Koivumaki, City Attorney Ric Rosow, and Council Recorder Jan Nelson Curielli I. CALL MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 6:30 p.m. Councilmember Case arrived late. II. APPROVAL OF AGENDA MOTION: Mosman moved, seconded by Butcher, to approve the agenda as published. Motion carried 4-0. III. DEBRIEF OF ATLANTA NLC CONFERENCE Koivumaki said the conference focused on different parts of domestic preparedness. The piece she reported on was the Transportation Safety Act. There will be a new federal branch of law enforcement related to Transportation Safety Administration. If it goes as Norman Mineta expects, it will be very big. It will have a local impact because it deals directly with transportation issues including air transportation, highways, and pipeline safety. Butcher said the new Transportation Safety Administration is huge because the agency itself will be so large. She was not sure what that means for us, but the notion behind it is that federal agents will be placed locally. We might have federal agents located in City Hall or somewhere in a surrounding community. Koivumaki thought it would be more of a sharing of resources with the federal agencies. She thought another impact could be the cost for implementing the training and changing the way we conduct law enforcement in the community. Uram asked if this legislation has already passed. Butcher replied it has passed, and it will take 365 days to get it up and running. Norman Mineta spoke at the conference and talked about what it would look like. Butcher thought CITY COUNCIL WORKSHOP MINUTES January 28,2002 Page 2 it was very ambiguous and very large. It impacts so many avenues, but they don't talk about the details of how it would work. They did say the federal employees would work directly with the local law enforcement. Mosman said they also commented that the office in Washington, D.C., will not micromanage. Tyra-Lukens asked whether anyone asked the question if this was overkill. She thought it seems like a huge agency to deal with this. She asked if it encompasses everything for which we need security. Koivumaki replied that transportation encompasses a lot. They are focusing on airport security to begin with. She said the President of the American Bar Association expressed concerns about how personal freedom might be adversely affected with the search and seizure laws and eavesdropping surveillance measures. Butcher thought the Bar Association President's comments were very interesting in part because they were his personal perspectives. Uram asked if there was any discussion about what exactly is a local threat versus the national level. Since there is a cost associated with this, he asked if there is something we need to be doing right now. Koivumaki said she got the sense we had taken a major step forward before September 11th with our planning and understanding of our vulnerable areas and our vulnerable populations. Uram asked what our responsibility as a city is to the metropolitan region, for instance, is there a plan where we could send a certain number of people to Minneapolis to help there. Clark responded our first responsibility is to the city,but if we can supply resources to the region then we will do it. We get calls every day on our mutual aid plan, but this is a broader scale. We have had discussions with Bloomington that we might help them to patrol the west side of Bloomington while they are busy at the Mall. We are operating on a case-by-case basis, and the plans are fairly general. He said we have a pretty good relationship with most of the cities. Bloomington is one of the regional bomb squads that have responsibility throughout the state. We would call them for assistance, and they would not charge us for the service. Tyra-Lukens asked if they talked about how they are going to enroll the programs. She asked if there are opportunities to get demonstration grants to deal with some of the funding issues. Butcher thought the funding issue is huge. Our Congressional representatives are trying to get funding for our state,but she didn't know how far they have gotten. Koivumaki said there is a$2.5 million grant from the federal government to the state for domestic preparedness, and that will filter down to us.The grant is for personnel protective gear and detection equipment, but does not pay for maintenance. She said we have to be CITY COUNCIL WORKSHOP MINUTES January 28,2002 Page 3 careful not to purchase anything that will cost a lot in the long teen. We will get some grant money working through the Hennepin County emergency preparedness to purchase equipment we can share with surrounding cities. Butcher said this is a big issue for the League of Minnesota Cities' insurance trust. They are looking at how that fits in. Councilmember Case arrived at 6:45 p.m. Clark said they had a meeting about a month ago to discuss grant money available for equipment. The same type of grant was available a year or two ago to buy the equipment, but there are a lot of issues involved in deciding if you even want it. Some of the equipment requires batteries, and there are big maintenance issues. Minneapolis and Hennepin County took advantage of it at the time, but no one else did. At the recent meeting he sensed no one wants it now, either. Clark said one of the things Minneapolis and the health community did was to buy a portable trailer for decontamination that can be moved where people would show up. They also will invest in hospitals because biohazard victims make their way there and then contaminate the hospital facility. He said there was a lot of debate about spending the money, and they felt each city should have six suits. He thought parts of the suits are probably a wise decision to buy because they have some practical day-to-day use. However, some masks have to be fitted and tested. Koivumaki said we would be getting eight breathing apparatuses that do not have to be fit tested. She thought the medical community is the biggest target. Clark said they would also buy upgraded equipment in for police cars. Every officer has a respirator that is supposed to filter out biohazards. The SWAT team budgeted to upgrade all their gas masks to have the biohazard filters in them. We did upgrade their masks and intend to provide the SWAT team with extra training so they can respond to those types of occurrences. He thought such items are probably wise upgrades, and we should probably have the Minneapolis Fire Department maintain some of these items. Tyra-Lukens thought it seems like an area for collaboration with other cities. Uram said he heard a need for additional training or specialized training during the discussion. He asked if the Public Safety building could be used for a joint effort. Clark responded that Koivumaki's group is involved in working on joint efforts involving specialized training as well as maintenance of the equipment and on-going training. Butcher asked if there is coordination and communication about who does what and who has what equipment. Clark replied there is a resource book in the mutual aid plan, and we all offer something different. Tyra-Lukens asked if there was anything else to discuss. 3 CITY COUNCIL WORKSHOP MINUTES January 28,2002 Page 4 Butcher said there is a new Partnership for Homeland Security. She provided information to be included as an attachment to the Minutes of the meeting. (Attachment A) Mosman said the three who attended the conference talked about some ideas to get the information out about emergency preparedness and preventing and controlling crime. While we do have a plan, not enough people know about it. There are some missing links to making a plan work well, whether it is an individual-scale problem or a large-scale emergency. Residents are often complacent and feel well taken care of by their City; but they may panic in an emergency. Mosman said the three of them thought the idea of town meetings would be a way to disseminate information as well as entertain and get people together. Presentations could be taped for cable TV, attended personally, put on the new website or read about in the local papers. They thought the fire stations or other public buildings would make good town meeting places. The thought we would need varied subjects since people are concerned about different things. There should be short, simple messages given by good speakers and we should provide information to take home. The meetings could be marketed through the media and by such things as giving students school credit for attending with a parent. The Council should attend the meetings, and the staff should organize and direct them. Mosman said there are concerns at four levels—personal and family safety, neighborhood safety, community policing and emergencies beyond the City level. IV. OTHER TOPICS V. ADJOURNMENT MOTION: Mosman moved, seconded by Butcher, to adjourn the meeting. Motion carried 4-0.Mayor Tyra-Lukens adjourned the meeting at 6:58 PM. 2/ V6 UNAPPROVED MI UTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JANUARY 28,2002 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, and Jan Mosman CITY STAFF: City Manager Carl Jullie, City Attorney Ric Rosow and Council Recorder Jan Nelson Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher moved, seconded by Case, to approve the agenda as published. Motion carried 4-0. V. NOMINATION OF COUNCILMEMBER CANDIDATES Note: Item V was taken out of sequence. Item IV was addressed after Item V and just before Item VI. Tyra-Lukens noted that this meeting is not a Public Hearing. This is the time for the City Council to discuss the issue among ourselves and to get input from staff and legal counsel City Attorney Rosow reviewed the procedures for Councilmember nomination,pursuant to the resolution adopted at the last regular Council meeting. He said each Councilmember may nominate up to two persons for the office. The nominations do not need seconds. The names will be written down on the nomination form. After the nominations have been received, we will go to the voting. There will be a maximum of five rounds of voting. The resolution adopted by the Council sets the criteria under which a tie vote occurs and provides that the Mayor shall make the appointment in case of a tie vote. It takes three votes in favor of one individual to appoint. Rosow said there would be one round of voting after which the ballots will be passed to him and he will read the names and identify the name of the Councilmember who is voting for the individual. If no individual is appointed as a result of the first vote, we would go to the second round, and so forth.He noted the Council was free to have discussions between votes. CITY COUNCIL MINUTES January 28,2002 Page 2 Tyra-Lukens noted she was hoping the Council would be able to vote to appoint someone because she was reluctant to make the decision on her own. Tyra-Lukens reviewed some ground rules for the discussion: 1. Keep an open mind 2. Work toward consensus 3. Give only positive comments about a candidate 4. Treat each other respectfully 5. The audience should be respectful and not disruptive, with no cheering or booing. If it happens the person will be ask to stop and if not, the person will be ask to leave. If noise from the audience continues during the meeting, she will call for a recess. Tyra-Lukens thanked all those that applied and sent letters. She said people made their interest known in several ways. Some contacted City Hall and said they were interested. That information was forwarded to all Councilmembers. Others called, wrote or emailed Councilmembers individually. She did not discuss the interested persons that contacted her with the other Councilmembers. She noted her pool of candidates interested in the position was probably entirely different from that of the other Councilmembers. Tyra-Lukens reviewed the traits that she was looking for: someone with experience on City boards and commissions, the School Board or a City Council; someone who is not perceived to be a single issue person; someone of high integrity; someone with strong links to the business community; someone not seen as a crony of any Councilmember; and someone with a positive attitude who is a team player. She said she was also looking for someone who was not interested in running for the position in the fall because she liked the idea that the next election would be one where all the people running were on an equal plane. Tyra-Lukens nominated Frantz Cornielle and David Luse. She said Mr. Cornielle was involved in community planning and is President and CEO of his company. She said he stated that he would not run for the Council in the fall. She said Mr. Luse is a former President of the Chamber and served as a Councilmember in another community. She said Mr. Luse is seen as an independent thinker and is not seen as a single-issue player. Butcher said we find ourselves in a difficult situation tonight as we determine who will serve as the Councilmember over the next year. She said it was heartening to see the interest in this level of government from the emails and calls that she received about the position. She was worried that this appointment process removes our objectivity. In her opinion this process is flawed because it does not allow people to vote for the person of their choice. Consequently, she believed the best approach to fill the vacancy is to validate the results of the last election. She thought the one candidate that was clearly the choice was Randy Foote, and that was the one name she brought forth in nomination. Case said he wanted to begin with a word about the process this evening. He said the open meeting law permits him to call another Councilmember and lobby for something he needs that individual'y vote on.The law does not permit him to tell one Councilmember what the other one said or attempt to form a consensus outside of the Council Chamber. Because of CITY COUNCIL MINUTES January 28,2002 Page 3 the gravity of the task this evening, he chose not to talk with any other Councilm ember about who they wished to see appointed. Consequently he had no clue who the others were going to nominate, except for Councilmember Butcher who was quoted in the newspaper. Case said there have been some residents who questioned why we did not call an election or just appoint the third place finisher from the last election whom Councilmember Butcher had just nominated. He thought most people believe an election would not be the best use of our resources. He noted the State Legislature lets us use our best judgment and that is what we are doing this evening. Case said the approach of going back to the last election and selecting the 3rd place finisher is more perplexing to him. If the 3rd place finisher had received only a handful of votes and was not considered competent to serve on the Council, he didn't think we would be having this discussion. He was concerned that using this rationale might set a dangerous precedent for future situations. Furthermore, since it is technically an opening brought about by the Mayor's position being vacated, the argument to go back to a former election should require that we look at Michael Rush. Mr. Rush received over 10,000 votes for mayor in the last Mayoral election while Tyra-Lukens received zero votes since she did not run for mayor at that time. While he was not suggesting that a wrong decision was made to select Tyra-Lukens for mayor, he was saying that if we use only the criteria of going back to the last election,then instead of Randy Foote we should be looking at Michael Rush. Case said he was not aware of any other offices in the country that replace a position by going back to the last election. Our system views the non-selected candidates from a prior election as non-candidates. While we did appoint the 3rd place finisher in 1995 when Ross Thorfmnson was appointed to the Council, the major reason for selecting him was his standing in the community and his proven competence. The fact that we had just had an election one month prior made choosing him justifiable. Case thought our mistake in 1995 was not in choosing Mr.Thorfinnson but in not more clearly delineating that we were not selecting him simply because he was the 3rd place finisher one month earlier. Case said he believes the process we are using tonight is not only a reasonable alternative but is also the very best alternative, legislatively sanctioned and directed, to select a Councilmember to serve out the remainder of a Council term. He noted that the city is blessed with an incredible number of people who are actively involved in bettering our community—commission members and community volunteers who give many hours of their time to causes that benefit all of us. We also have long-term residents who have tremendous experience from decades past or in recent years who could help out in the short term. Case said he had intended to bring forth the names of Jack Provo and Randy Foote as his nominees; however, over the weekend he decided to nominate David Luse rather than Randy Foote since Randy was being nominated by Councilmember Butcher. He said both Provo and Luse are very well respected in the community. Provo was the highest-ranking former elected official living in Eden Prairie today. He served on the Hennepin County Board from 1964 to 1972, serving as Commission Chair the last four years. Provo has served on countless boards and commissions and is up to date on recent city government issues. Luse served on Victoria's City Council from 1982 to 1988 and was president of the CITY COUNCIL MINUTES January 28,2002 Page 4 Eden Prairie Chamber of Commerce in 1997-1998. He too has served on a long list of boards and commissions as well as non-profit groups. Case thought both Provo and Luse are consensus builders and would work hard in the next few months to bring a sense of stability and confidence after our year of transition and change. He noted that Provo has promised to not run next fall. Case thought Provo offers the most grounded, respected perspective and would be able to bring the community together and for that reason he plans to vote for Provo. Mosman thanked all the people who offered their names for service. She said many have called or written to her expressing their support or concern about the appointment. She said she first spoke to Harry Moran, Chair of the Human Rights & Diversity Commission, about the nomination;however,he decided he did not want to subject his family to the type of negativism that has been seen in the newspaper over the past year. Mosman said her two nominees are both businessmen and have had different levels of government experience beyond the city level. She said her first nominee, Jeff Strate, led multi-government groups to save natural areas. He is diplomatic and has a proven positive track record of dealing with people. He has extensive experience with municipal issues. Mosman said her second nominee, Mark Michelson, is a full time engineer who has been involved in a number of Eden Prairie resident issues over the years including limiting expansion of Flying Cloud Airport. At this time Rosow pointed out that item W. on the Agenda was not discussed in sequence. IV. SET TERM FOR NEW COUNCILMEMBER MOTION: Mosman moved, seconded by Butcher, to set the effective date of the appointment to be made tonight of an individual to fill the vacant Council position formerly held by Nancy Tyra-Lukens as February 5, 2002. Motion carried 4-0. VI. VOTING ON NOMINATED CANDIDATES The Council proceeded with the voting for the nominated candidates. Rosow read the results of the voting after each round. Round One Voting: Mosman voted for Jeff Strate, Case voted for Jack Provo, Butcher voted for Randy Foote, and Tyra-Lukens voted for Frantz Corneille. Tyra-Lukens asked the Councilmembers if anyone feels the need to have more discussion prior to voting again. Case thought if we don't have more discussion, we are just shooting in the dark. He thought the Councilmembers should think through what is the most critical attribute we would like to see considered as the main criteria. He thought all six nominees are excellent candidates and he was impressed with the elected official experience. He thought there is a difference between experience on boards and commissions and being an elected official. CITY COUNCIL MINUTES January 28,2002 Page 5 He also thought the second most critical thing is to help bring a sense of healing since we went through a very tough year last year. Case thought Mr. Luse pulls in the business community in addition to his other attributes. Mosman liked the idea of perspective the candidate should be able to see the forest for the trees. She thought we need someone who has not been engulfed in this government system and who has not formed strong opinions. We need someone who can communicate well, and she agreed with the importance of having a business type of connection. Butcher said she has explained where she is coming from and why over the past two meetings. Tyra-Lukens said she reviewed her list of attributes and thinks that some of them are needed because of the position we are in at this time, and some are valuable for any Councilmember. Looking at where we are at this time, her sense was that it would not be wise to go with a person who is not broad-minded nor one who comes into the position with any kind of agenda. She thought in this situation we need someone who can make the best decision based on what is best for the entire community--someone with a positive attitude and who is a real team player. Case said he could see advantages and disadvantages to asking the nominees to not run for office next fall,but he had decided it was not fair to ask that of them. Tyra-Lukens said she could let go of the issue of not running in the fall because she is not sure of all the six candidates' positions on that issue. Round Two Voting: Mosman voted for Michelson, Case voted for Luse, Tyra-Lukens voted for Luse, Butcher voted for Foote. Mosman said she thought we need someone who is known by all in the community, and someone who has not been attached to an issue. She thought perhaps her two nominees have been attached to one main project. She agreed the business tie is very important and would give a fresh perspective on the Council. She thought it might be good to go with someone who has the most experience in what we are looking for in terms of community government. Round Three Voting: Mosman voted for Luse, Butcher voted for Foote, Case voted for Luse and Tyra-Lukens voted for Luse. Tyra-Lukens stated that the Council had come to an agreement with a 3-1 vote to appoint David Luse to the vacant Councilmember position. She congratulated Mr. Luse on being selected. She thanked all the candidates who responded and noted that it is difficult to be in a position where Councilmembers have to make the selection. She was confident that Mr. Luse will do an excellent job. She thanked the audience for their respect during the discussion and voting process. VI. OTHER BUSINESS CITY COUNCIL MINUTES January 28,2002 Page 6 Rosow noted that this meeting was noticed as having two items on the Agenda.He said the Flying Cloud matter was taken off the agenda because we are still working on the terms of the agreement with MAC. Tyra-Lukens asked if we have a date when we will hear about the matter.Rosow said it would be the 2nd meeting in February or the 1st meeting in March. XV. ADJOURNMENT MOTION: Case moved, seconded by Butcher, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:50 p.m. UNAPPROVED MINUTES EDEN PRAIRDE CITY COUNCIL WORKSHOP/FORUM TUESDAY,FEBRUARY 5,2001 CITY CENTER 5:30- 6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Acting Mayor Ron Case, Councilmembers Sherry Butcher,David, Luse, Jan Mosman CITY STAFF: City Manager Carl Jullie,Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Environmental Coordinator Leslie Stovring,Director of Parks and Recreation Services Bob Lambert, Community Development and Financial Services Director Don Uram, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER • Acting Mayor Case called the meeting to order at 5:35 p.m. II. APPROVAL OF AGENDA III. RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT Perry Forster, Chair of the Riley-Purgatory-Bluff Creek Watershed District(RPBC) thanked the Council for inviting them to the Workshop. The group provided a general overview of RPBC's history and current activities and provided time afterward for questions from the Council. RPBC founder Howard Peterson talked about the formation of the RPBC 32 years ago in response to chronic flooding of Duck Lake. Today the Watershed covers 60 square miles and includes seven cities in two counties. There are three subwatersheds within the district. The District prepared an overall plan for the Watershed in 1972.That plan was updated in 1996 and is undergoing revision again this year. The District is managed by a five-member board. An 11-member citizen advisory board provides community input. Paid advisors include Paul Haik, attorney; Bob Obermeyer of Barr Engineering, engineer;Andrea Lex, communications; and Gerald Obremski, CPA. District Treasurer Susan Scribner reviewed the budget. The overall annual budget is broken down into five areas: CITY COUNCIL WORKSHOP MINUTES February 5,2002 Page 2 Administrative Budget $250,000 Basic Water Management Fund $600,000 Water Management Plan $400,000 Streamwater Maintenance and Repair Fund $15,000 Survey and Data Acquisitions Fund $50,000 Fiskness pointed out that unlike many metro area watershed districts,RPBC does not have a paid administrator and only spends about$10,000 per year on actual administration. The District has been working on the Purgatory Creek Recreation area project for several years, completed a lake use attainability study on Round Lake, and is planning to conduct a lake use attainability study on Riley Lake this year. Councilmember Butcher asked if the District's mission includes public education. Forster said the District has made and distributed videos to local school. They also produce maps,brochures,press releases and advertisements to support the District's programs. Councilmember Luse said he thinks more residents should be made aware of how much work the District does (with a$1.2 million budget)with little or no paid permanent staff. Case asked if the District could provide a periodic synopsis of watershed district activities of particular interest to Eden Prairie residents. Forster said that was possible. V. OTHER TOPICS Council Chamber VI. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) There were no scheduled participants. VII. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.) No one asked to speak during Open Podium. VI. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,FEBRUARY 5,2002 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, David Luse, and Jan Mosman 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 Jan Nelson Curielli I. ROLL CALL/ CALL THE MEETING TO ORDER Acting Mayor Case called the meeting to order at 7:00 p.m. Mayor Tyra-Lukens was absent. II. PLEDGE OF ALLEGIANCE III. ADMINISTER OATH OF OFFICE TO DAVID LUSE Case said it was with tremendous pleasure that we welcome on board our newest Councihnember,David Luse. City Attorney Ric Rosow administered the oath of office to David Luse. A. RESOLUTION NO. 2001-21 APPOINTING COUNCILMEMBER DAVID LUSE AS COMMISSIONER TO EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY(HRA) City Manager Jullie said we need to pass a resolution appointing Mr. Luse to the BRA. MOTION: Mosman moved, seconded by Butcher, to adopt Resolution No. 2001- 21 appointing Councihnember David Luse as Commissioner to the Eden Prairie Housing and Redevelopment Authority(HRA). Motion carried 4-0. Acting Mayor Case recessed the Council meeting in order to convene the BRA to adopt an BRA resolution relating to Lease Revenue Refunding Bonds. The Council meeting reconvened at 7:15 p.m. IV. COUNCIL FORUM INVITATION Acting Mayor Case said the Council Forum has been modified as follows. Council Forum will be held the first and third Tuesday of the month from 6:30 to 7:00 p.m. in the 1 CITY COUNCIL MINUTES February 5,2002 Page 2 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(at 952- 949-8412) by noon of the meeting date with your request. The last 10 minutes of the Forum, from 6:50 to 7:00 p.m., is set aside for impromptu, unscheduled appearances by individuals or organizations who wish to speak to the Council. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Mosman added Item XIV A.2. Reference to Last Week's Meeting. Jullie added Item XIV C.3 Resolution Adopting A Gifts, Donations and Sponsorships Policy and Item XIV.C.4 Resolution Accepting Donation of Conservation Easement. MOTION: Butcher moved, seconded by Luse, to approve the agenda as published and amended. Motion carried 4-0. VI. MINUTES A. CITY COUNCIL MEETING HELD JANUARY 8,2002 MOTION: Mosman moved, seconded by Butcher, to approve as published the minutes of the City Council meeting held January 8, 2002. Motion carried 3-0-1, with Luse abstaining. B. CITY COUNCIL MEETING HELD JANUARY 15,2002 Case corrected the first full sentence on Page 8 as follows: "He was concerned that we do need to get several ..." MOTION: Luse moved, seconded by Butcher, to approve as published and amended the minutes of the City Council meeting held January 15, 2002. Motion carried 3-0-1 with Luse abstaining. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN PRAIRIE CITY CENTER FIRE STATION by the City of Eden Prairie. 2nd Reading for Planned Unit Development District Review within the I- 5 Zoning District with waivers on 30 acres, Zoning District Amendment in the I- 5 Zoning District on 30 acres and Subdivision of 30 acres into 2 lots. Location: 14800 Scenic Heights Road. (Ordinance No. 2-2002-PUD-2-2002 for PUD District Review and Zoning District Amendment) C. APPROVE DECLARATION OF RESTRICTIONS ON RILEY LAKE PARK CITY COUNCIL MINUTES February 5,2002 Page 3 D. APPROVE PROPOSAL FOR IN-CONSTRUCTION SERVICES FOR THE PURGATORY CREEK RECREATION AREA GRADING AND STORM SEWER INSTALLATION E. ADOPT RESOLUTION NO. 2002-22 APPROVING SOUTHWEST MUTUAL AM ASSOCIATION REVISION F. APPROVE SECOND READING OF ORDINANCE NO. 3-2002 AMENDING CITY CODE SECTION 9.71 RELATING TO MAINTENANCE OF VEGETATION AND RESOLUTION NO. 2002-23 APPROVING SUMMARY ORDINANCE FOR PUBLICATION G. APPROVE SECOND READING OF ORDINANCE NO. 4-2002 AMENDING CITY CODE CHAPTER 2 RELATING TO BOARDS, COMMISSIONS AND TASK FORCES AND RESOLUTION NO. 2002-24 APPROVING SUMMARY ORDINANCE FOR PUBLICATION H. ADOPT RESOLUTION NO. 2002-25 AMENDING RESOLUTION NO. 2002-08 SETTING MEETING PLACES AND TIMES FOR BOARDS AND COMMISSIONS FOR 2002 I. AWARD CONTRACT FOR VARIABLE FREQUENCY DRIVES FOR WELL PUMPHOUSE NOS. 3, 4, 5 AND 6,I.C. 01-5547 J. APPROVE THIRD AMENDMENT TO DEVELOPERS AGREEMENT TO ADC TELECOMMUNICATIONS,INC. K. ADOPT RESOLUTION NO. 2002-26 APPROVING THE PRELIMINARY LAYOUT PLAN FOR I-494 FROM TH212 TO 0.5 WEST OF EAST BUSH LAKE ROAD L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR FINAL DESIGN OF TH212/VALLEY VIEW ROAD INTERCHANGE AREA IMPROVEMENTS,I.C. 01-55543 M. ADOPT RESOLUTION NO. 2002-27 TO RECEIVE FEASIBILITY REPORT AND SET PUBLIC BEARING FOR CRESTWOOD TERRACE AREA STREET AND UTILITY IMPROVEMENTS,I.C. 98-5474 N. APPROVE TEMPORARY PERMIT-TO-CONSTRUCT FOR MNDOT WITHIN CITY STORM WATER FACILITIES NORTH OF VIKING DRIVE,I.C. 02-5553 O. APPROVE MASTER LEASE AGREEMENT WITH XCEL EMERGENCY FOR INSTALLATION OF EMERGENCY VEHICLE PRE-EMPTION (EVP)EQUIPMENT ON STREETLIGHTS.I.C. 01-5541 CITY COUNCIL MINUTES February 5,2002 Page 4 P. AUTHORIZE AGREEMENT WITH HENNEPIN CONSERVATION DISTRICT FOR EDEN PRAIRIE TO SPONSOR THE WETLAND HEALTH EVALUATION PROJECT Q. ADOPT RESOLUTION NO. 2002-28 AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING FORM AND DETAILS, AND PROVIDING FOR PAYMENT OF $890,000 G.O. EQUIPMENT CERTIFICATES OF INDEBTEDNESS R. ADOPT RESOLUTION NO. 2002-29 RELATING TO LEASE REVENUE REFUNDING BONDS (CITY HALL AND COMMUNITY CENTER PROJECTS), SERIES 2002A OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA; AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE-PURCHASE AGREEMENT S. ADOPT RESOLUTION NO. 2002-30 AUTHORIZING ISSUANCE., AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $1,000,000 G.O. BONDS, SERIES 2002A(JOINT PUBLIC SAFETY FACILITY) T. ADOPT RESOLUTION NO. 2002-31 APPROVING AND CONSENTING TO THE ASSIGNMENT OF TAX INCREMENT FINANCING BY EP SENIOR HOUSING LLC, EP ASSISTED LIVING, LLC, AND SC MINNESOTA PROPERTIES, LLC TO GLASER FINANCIAL GROUP, INC. U. APPOINT CITIZEN TASK FORCE FOR JEAN HARRIS MEMORIAL Regarding Item U, Case noted that at the time David Luse was put on the task force, he had not yet been appointed to the Council. Case thought it was a great idea to have Councilmember Luse serve, but it does raise the question of having Council involvement on the task force. If the rest of the Councilmembers were okay with Council involvement, he suggested that Councilmember Butcher be added to the list. Jullie said there should be no problem with that. Butcher said she would be honored to serve on the task force. MOTION: Mosman moved, seconded by Luse,to approve as published Items A- T of the Consent Calendar and amended Item U.Motion carried 4-0. VIH. PUBLIC BEARINGS/MEETINGS A. BP AMOCO by BP Products North America, Inc. Request for Guide Plan Change from Neighborhood Commercial to Community Commercial on 1.4 acres, Planned Unit Development Concept Amendment on 2.45 acres, Planned CITY COUNCIL MINUTES February 5,2002 Page 5 Unit Development District Review with waivers on 2.45 acres, Zoning District Change from N-Corn to C-Corn on 1.4 acres, Zoning District Amendment with the C-Corn District on 1.05 acres, Site Plan Review on 2.45 acres, and Preliminary Plat of 2.45 acres into two lots. Location: Southeast corner Highway 212 and Anderson Lakes Parkway. (Resolution No. 2002-32 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning Amendment, Resolution No. 2002-33 for Comprehensive Guide Plan Change, and Resolution No. 2002-34 for Preliminary Plat) Jullie said the official notice of this public hearing was published in the January 24,2002,Eden Prairie News and was sent to 33 property owners. John Kosmas, site architect for BP Amoco, reviewed the project. He said the current buildings will be replaced by a 4200 square-foot convenience store and a car wash. He reviewed the site drawings, noting they eliminated the southerly drive on the property and relocated it further south. They plan to use rain gardens to filter the water rather than a ponding system. The rain gardens do some filtering before water is discharged into the storm sewer. He noted that the rain gardens are a new concept and do require maintenance. They plan to transplant some of the plant material from the site. Butcher asked if they will be changing the holding tanks. Kosmas said they will be removed and replaced with slightly larger tanks in a little different location. Butcher said the Council learned about recycling of building materials recently and asked what this project will do with the tanks that are removed. Kosmas replied that many times the tanks can't be reinstalled and recertified. The cost of recertification is high because of State regulations regarding what we can do with previously installed tanks. Butcher asked if they will be doing deconstruction of the materials from the old building. Kosmas said they will recycle or dispose of the material. Mosman noted the Council received a letter from a resident about bike and pedestrian access to the store. Kosmas said a Staff member had called him about the request. He reviewed the solution that they have come up with,noting that the logistics of the site are somewhat difficult to adapt to the request. Luse asked if that access is going to be part of their commitment. Kosmas said it is part of the packet. Luse asked when they would be able transplant the plant materials on the site. Kosmas said they planned to store the plantings off site and then bring them back. He didn't know the exact starting date, and they need to take the materials at the proper time of the year. Luse noted they will have a very small window of time to get some of the larger caliper material out of the ground and then back in again. CITY COUNCIL MINUTES February 5,2002 Page 6 Regarding the rainwater gardens, Butcher said the Council had a workshop tonight with the Watershed District, and they were very excited about the project. She thought this concept is a very nice asset to the project. Luse said we need to celebrate the fact that Eden Prairie has been the leader in reforestation and now it is a leader in the use of rainwater gardens. Franzen said the Planning Board voted 7-0 to recommend approval of the project at the January 14,2002 meeting. There were no comments from the audience. MOTION:Mosman moved, seconded by Luse to close the Public Hearing;to adopt Resolution No. 2002-32 for Comprehensive Guide Plan Change from Neighborhood Commercial to Community Commercial on 1.4 acres;to adopt Resolution No. 2002-33 for Planned Unit Development Concept Review on 2.45 acres;to approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers,Zoning District Change from N-Corn to C-Corn on 1.4 acres and Zoning District Amendment within the C-Com Zoning District on 1.05 acres;to adopt Resolution No. 2002-34 for Preliminary Plat on 2.45 acres into 2 lots; and to direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions.Motion carried 4-0. B. PARKSIDE PLACE by William and Suzette Dupont. Request for Zoning District Change from Rural to R1-22 on 1.3 acres and Preliminary Plat of 2.2 acres into 3 lots. Location: 18390 Dell Drive. (Ordinance for Zoning District Change and Resolution No.2002-35 for Preliminary Plat) Jullie said official notice of this public hearing was published in the January 24, 2002, Eden Prairie News and was sent to 20 property owners. He noted this is a simple subdivision process for Preliminary Plat of 2.3 acres into three single- family lots at 18390 Dell Drive. He said the Planning Board voted 7-0 to recommend approval at the January 14, 2002 meeting. He noted that a Developer's Agreement is not recommended because of the simplicity of the project. There were no comments from the audience. MOTION: Butcher moved, seconded by Mosman, to close the Public Hearing; to adopt Resolution No. 2002-35 for Preliminary plat on 2.2 acres into 3 lots; and to approve 1" Reading of the Ordinance for Zoning District Change from Rural to R1-22 on 1.3 acres. Motion carried 4-0. C. COMPREHENSIVE GUIDE PLAN(Continued to March19,2002) Jullie noted that this public hearing should be continued until the final agreement between the City and the Metropolitan Airports Commission is completed because the agreement will modify Chapter Six Aviation of the Guide Plan. CITY COUNCIL MINUTES February 5,2002 Page 7 MOTION: Mosman moved, seconded by Luse, to continue the public hearing for the Comprehensive Guide Plan Update to the March 19, 2002 meeting. Motion carried 4-0. D. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN PART OF BEARPATH 4TH ADDITION,VACATION 02-01 (Resolution No.2002-36) Jullie said official notice of this public hearing was published in the January 17, 2002, Eden Prairie News and was sent to seven property owners. He said the property owner has requested this vacation to remove underlying drainage and utility easements from the property to enable the combination of lots. Replacement easements will be dedicated on the new plat. • There were no comments from the audience. MOTION: Luse moved, seconded by Butcher, to close the public hearing; and to adopt Resolution No. 2002-36 vacating Drainage and Utility Easements over Lots 6 and 7, Block 1, Bearpath 4th Addition. Motion carried 4-0. There were no comments from the audience. E. VACATION OF A WALKWAY EASEMENT IN PORTNOY'S THIRD ADDITION,VACATION 02-02 (Resolution 2002-37) Jullie said official notice of this public hearing was published in the January 17, 2002,Eden Prairie News and was sent to 4 property owners. He said a Quit Claim Deed, executed in 1984, describes a portion of the property to be used for walkway purposes. Park and Recreation Services recently constructed the walkway on an alignment somewhat different than originally anticipated. The property owner has requested the 1984 description be vacated and a new easement, based on the constructed alignment, be executed. The property owner has agreed to the new easement description. There were no comments from the audience. MOTION: Luse moved, seconded by Butcher, to close the public hearing, and to adopt Resolution No. 2002-37 vacating walkway easement in Portnoy's Third Addition. Motion carried 4-0. IX. PAYMENT OF CLAIMS MOTION: Mosman moved, seconded by Butcher, to approve the Payment of Claims as submitted. The motion was approved on a roll call vote, with Butcher, Luse, Mosman, and Case voting"aye." X. ORDINANCES AND RESOLUTIONS CITY COUNCIL MINUTES February 5,2002 Page 8 A. HENNEPIN VILLAGE by The Pemtom Land Company. 2nd Reading for Planned Unit Development District Review with waivers on 28.3 acres, Zoning District Change from Rural to R1-9.5 on 10.3 acres and from Rural to RM-6.5 on 18 acres, and Site Plan Review in the RM-6.5 District on 18 acres. Location: South of Flying Cloud Airport, east of Eden Prairie Road, and north of Highway 212. (Ordinance for PUD District Review and Zoning District Change and Resolution for Site Plan Review) Jullie said they have been working several weeks on the final Developer's Agreement and are coming close to complete resolution. He said this is a complicated issue, and the developer has requested a continuance for two weeks to the February 19, 2002 meeting. Rosow said the Council does not need a motion with a request for continuance. • B. ADOPT RESOLUTION NO.2002-38 CALLING FOR PUBLIC HEARING ON THE PROPOSED ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS Jullie said the Minnesota Statutes Chapter 462C,04, Subd.2, and Section 147(f) of the Internal Revenue Code, require as a condition to the issuance of Multifamily Housing Revenue Bonds that a public hearing be held. This hearing is scheduled for March 7. Councilmember Luse said he has a financial interest in the land so he would not participate in the discussion nor would he vote on the matter. MOTION: Butcher moved, seconded by Mosman,to adopt Resolution No. 2002- 38 Calling For Public Hearing on the Proposed Issuance of Multifamily Housing Revenue Bonds to be held March 9, 2002. Motion carried 3-0-1, with Luse abstaining. XL PETITIONS,REQUESTS AND COMMUNICATIONS A. MINNESOTA WATER QUALITY PARTNERSHIP REPORT AND REQUEST FOR FUNDING Jullie said the Minnesota Water Quality Partnership has requested time to update the City Council on recent legislation limiting use of phosphorus and to request assistance with funding their efforts. He introduced Craig Dawson, City Manager of Shorewood. Mr. Dawson said the Minnesota Water Quality Partnership is seeking ways to improve our water quality and the function of our storm water system. They have been working with the legislature the last couple of years to legislate against the use of phosphorus in fertilizers. He said phosphorus is not needed in most Minnesota soils, and it is a positive factor in the algae growth in lakes, which degrades the water quality and erodes property values.They are seeking statewide CITY COUNCIL MINUTES February 5,2002 Page 9 legislation regarding the sale and use of fertilizers that have phosphorus added.He anticipates that they will have another $30,000 of expenses over the next few months while they give a focused effort to get the legislation through this year.He asked the Council to give the group their consideration and support. Mosman asked what percentage of naturally occurring phosphorus comes from the lands to the west of the metropolitan area. Dawson said they have tried to focus only on urban lawns,not gardening or farming. The Dept. of Agriculture has been concerned about extending this beyond the urban area, and the partnership looks on this as a chance for urban residents to see they have some responsibility in this area. Mosman asked if they are just looking at retail sales since she assumed that farmers would be buying wholesale. Dawson replied that suppliers would be subject to the proposed legislation.They plan to work on point-of-sale information that would be available throughout the area. They need to establish the state policy so they can start on the implementation procedures. Luse asked about golf courses and commercial establishments. Dawson replied they would also be subject to the legislation. Dawson noted that many people recognize there is a cost to applying phosphorus, and they found that golf courses don't need to add phosphorus in most areas of their courses. Case asked Mr. Dietz if there is an educational budget that might be used to support this effort financially. Dietz responded that the storm water utility fund is set for the purpose of dealing with quantity and quality. Dietz asked if the range of giving has been 30 to 100 per capita in other cities. Dawson said they would appreciate anything we were willing to give. Case asked how much is in the storm water utility fund. Dietz said we have about $600,000 a year and are still saving. Butcher asked what cities that are similar in size to Eden Prairie have given. Dawson replied that Plymouth gave $6600, and others including Eagan and Burnsville have ranged from$1,000 to$2500. Case thought this is a great cause. He suggested we give$5500, or 100 per capita. Dietz said he too would recommend 100 per capita. He said we have a fertilizer ordinance on the books and if this legislation is passed we could get out of the business of dealing with lawn fertilizer issues.He noted we had talked about doing something on our own, but he thought this is the right approach to do this on a statewide basis. MOTION: Luse moved, seconded by Mosman, to fund the Minnesota Water Quality Partnership at$5,500, or approximately 100 per capita. Motion carried 4- 0. CITY COUNCIL MINUTES February 5,2002 Page 10 Dawson thanked the Council for their support. XII. REPORTS OF ADVISORY BOARDS &CO1VINIISSIONS A. HERITAGE PRESERVATION COMIVIISSION 2001 SUMMARY—LORI PETERSON-BENIKE, CHAIR Lori Peterson-Benike, Chair of the Heritage Preservation Commission, reviewed the Commission's activities for 2001. She brought samples of the new interpretive panels that will be installed this spring at historic sites around the city. She said John Gertz has been working very hard on this project She said a capital project grant enabled them to have the dorm at Glen Lake Children's Camp reroofed. The National Registry of Historic Places reviewed our application for Lookout Park but did not support it, primarily because the vegetation prevented them from seeing the site. She noted they did not close the door on the project and, after we have cleaned up and restored some of the site,we will resubmit the application. She said the HPC's challenge is to ensure there is a plan to use the historic sites around the City. She said they will come up with a usage plan for anyone who uses one of the sites. She said they continue to work to evaluate the bluff area earth mounds. There are a lot of mounds in the City, and they are being studied and monitored. They have a restoration project for the Cummins Grill Homestead, Smith- Douglas-More House and the Riley Jacques Farm. They have come up with a budget for those projects. She said the City received two awards—one from the Preservation of Land group for the Glen Lake Children's Camp and an award of excellence for the new interpretive panels. In 2002 they plan to complete the adaptive reuse of the Smith-Douglas-More House to commercial use. They need 1000 square feet added to the kitchen at that facility. They also plan to resubmit the Lookout Park area and to complete local registration of 12 properties. She said there are two University of Minnesota graduate students who are planning senior projects with the Cummins Grill House and the Smith-Douglas- More House. She thanked the Council and Staff for their support of the commission's work. Case thanked Lori for her presentation and noted that what makes our community unique is our cultural events and traditions. CITY COUNCIL MINUTES February 5,2002 Page 11 Mosman asked if they have confirmed that the kitchen addition at the Smith- Douglas-More House won't ruin the house. Benike said the kitchen wasn't original to the house, and the Commission is involved in every step of the addition. Butcher thanked Lori for the hard work they have done. She noted that three of the current Councilmembers served on the HPC. Luse noted we need to cherish Eden Prairie and the history behind it. XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Council Goals for 2002 Case noted that Councilmember Mosman suggested to the Council at the first meeting of the year that we continue a tradition of the Council where each Councilmember brings goals to work on this year and then prioritize them at a Council workshop. Case said he has three goals: a. The Mayor would convene a meeting of representatives from the City, School District, Chamber of Commerce and civic organizations that would look at ways in which Eden Prairie can present itself in a more positive light in order to market our strengths. This could be a single meeting event, but it might grow into a task force or perhaps we would look at hiring a public relations consultant. b. As he suggested last year,he thought we need an athletic task force where representatives from all youth and adult sports programs could come together to develop a plan that would address the athletic needs today, the needs when our population peaks, and on into the future. The charge would be to analyze the demographic data, analyze the current facilities, make proposals for additional facilities and then bring back a general dollar estimate to meet the needs. He thought if we don't address the issue in this way, the proposals come to us and get approved out of context with the overall needs of the athletic community. c. As the expansion of the Flying Cloud Airport progresses toward a final resolution, he sees the City more involved with regional and statewide groups that are working on resolution to problems with the aviation industry.He thought we could work with MAC on this CITY COUNCIL MINUTES February 5,2002 Page 12 for ideas like a larger satellite airport. He thought we could help become a catalyst to bring all the parties to the table and then go to the legislature to seek changes. Butcher said her goals were: a. Continue to keep our commitment to homeland security over the next few years,working with our exceptional staff as they continue to keep the City safe. We need to keep an eye on what is going on and make sure the money is spent well and we are secure. We need continued training of staff and strong communication with other cities in the region. b. Maintain strong relationships with Eden Prairie businesses. This may include innovative partnerships to attract and retain businesses. c. Revisit our strategic initiatives and our strategic plan as we look forward. We need to identify our future goals and determine if we are still on target. d. Create stronger links to communicate with residents. We need to create tools that will help our residents understand what we do and what we accomplish annually as well as identify what residents would like to see us participate in. She noted that Councilmember Mosman and she saw a very interesting performance update from the Atlanta City Council when they attended the convention in Atlanta. Mosman said her goals were: a. Community crime and disaster preparedness outreach effort, whether as a series of workshop meetings or simply as a segment in the newspaper and on our new website. b. Our historic houses are being studied for structural needs and scheduled programs and the resulting use is way up. Our goal would be to keep expanding the public use of all of the sites for school use,resident rental or tours in order to take full advantage of our historic houses. c. Improved business relations was mentioned last year. The Habitat for Technology was started. There are some meetings already taking place this year between the Chamber and City Staff to look at ways to encourage new companies to consider our available commercial space. CITY COUNCIL MINUTES February 5,2002 Page 13 d. We are nearing a final agreement with MAC and many people are wondering what we have accomplished there. As soon as we are able, it would be helpful for residents to see clearly what controls and protections have been afforded and compare that to what could have been the result without negotiations. e. The Birch Island Woods task force mentioned in January is already being formed by City Staff. We need to look at how to budget for contract money for grant writing and to look at what type of non- profit entity could be formed to do fund raising and get residents involved in helping protect and develop our remaining natural areas. f. Market our new web site to residents, employees, commissions and the Council in order to educate, communicate, gather ideas and save time and paper on a daily basis. Luse thought all of the ideas brought up tonight are good and things that we will look forward to working on together. He stated that he was honored and humbled to be involved in the process. His goals were: a. Put closure on the airport issue, communicate the final agreement, and then begin the healing process. He would like to see us come back together as 55,000 residents and embrace the airport area. He thought we need a master vision of what it can be and bring back some ideas to the people. b. A Convention Center that could be a public/private joint venture using a location such as the Best Buy headquarters. This could be used for community gatherings. c. A third sheet of ice. He thought within Eden Prairie this is one of the most cost-effective programs we have in that it is self- sustaining. He said Minnetonka is building a $4.5 million hockey facility with a combination of public and private support that will be handed back to either the City or the School District at some predetermined time. He thought we should look at that in addition to Councilmember Case's idea of forming an athletic task force. d. We need to celebrate a lot of the really good things that are going on in the City. From his business experience he knew that we have the best Staff in the 11-county area. We need to celebrate that after losing our beloved Mayor Harris, we have Nancy Tyra-Lukens in the position now. He was not sure the 55,000 residents know that, despite all of the development, we have 40% green space in this city. That is an unbelievable accomplishment, and we need to remind ourselves of it and celebrate. CITY COUNCIL MINUTES February 5,2002 Page 14 Case noted that Councilmember Luse and he have met a couple of times over the past year and he appreciates the fact that Councilmember Luse can help us bring out the good news about the City. Case asked if the goals expressed by the Councilmembers will come back to the Council at a future workshop meeting. Jullie said they will be brought back to the Council. 2. Councilmember Mosman-Reference to Last Week's Meeting Mosman said she learned that there were microphone problems last week during the Council meeting. She thought the issues the Council discussed were highly important, and she wanted to review some of the statements to make sure residents were aware of what was said: a. Councilmembers noted there were many good candidates who came forward, all of whom we could have worked with on the Council. She and others thanked the many residents who took the time to call or write with support for any of the candidates. b. She hears Eden Prairie residents' concerns very day, and the resounding voice is for positive change and growth for Eden Prairie. We have seen much change here in the last year, but change is not inherently due to internal turbulence but rather comes as a natural process. c. She believes the Council continues to work objectively for the best of the City. Eden Prairie has come a long way. All of us need to focus on the future and all the good that we can build for Eden Prairie. B. REPORT OF CITY MANAGER 1. City Manager Position Profile Jullie said the City Manager Position Profile was prepared by Personnel Decisions International to be used as a further screening tool and information source as we progress toward final selection of a new Eden Prairie City Manager. The input for this document was provided through personal interviews with Councilmembers, Service Area Directors, community representatives, employee focus groups, email input and document reviews. Jullie said the profile outlines certain challenges and issues facing the position and also provides an extensive list of qualities we would desire the new manager to possess. The general areas include leadership, human resources, communications skills, judgment and decision-making, administrative and technical skills and personal characteristics. r_¢ CITY COUNCIL MINUTES February 5,2002 Page 15 Case asked if it would be appropriate to make public the number of candidates we have for the position. Jn11ie replied that the initial response to the advertisement was 77, and of those 49 met the general criteria. Case noted the general criteria were for candidates from cities with over 10,000 population and from the state of Minnesota, which means we had a large pool of candidates with a lot of experience. Jullie said with further screening there were found to be 12 very well qualified applicants who were given further consideration. Jullie said the Review Committee appointed by the Council has further screened the list to seven candidates who have been invited to actual interviews. We have a substantial screening process that will include interview panels with line workers from the Service Areas, the Council, and Service Area Managers. Interviews are scheduled for next week. MOTION: Luse moved, seconded by Mosman, to approve the City Manager Position Profile as prepared by Personnel Decisions International. Motion carried 4-0. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Birch Island Woods Task Force and Charter Statement Parks and Recreation Director Lambert said the proposed charter statement for the Birch Island Woods Task Force outlines the list of responsibilities the Council requested. There is also a list of volunteers that have been recommended to serve on the task force. He asked the Council to approve the charter statement and the Task Force membership. Councilmember Butcher read the list of proposed members for the Task Force, as follows: Julie Arthur-Sherman, Katharine Colla, Gary Diamond, Katy Egan-Benek, Steve Hartle, Vicky Miller, Sharam Missaghi, Geri Napuck-Westermann, Dr. Richard Owen, Terry Picha, Jeff Strate, and George Tkach. MOTION: Butcher moved, seconded by Luse, to approve the Task Force Charter Statement for appointing a Citizens Committee to develop a Management Plan and Development Plan for Birch Island Woods Conservation Area, and to appoint the citizens listed in the staff memo dated February 5, 2002. Motion carried 4-0. 2. Proposed Leisure Education Program for Individuals with Disabilities Lambert said Carla Kress,Adaptive Service Coordinator,would review the proposed Leisure Education Program for Individuals with Disabilities. CITY COUNCIL MINUTES February 5,2002 Page 16 Kress said the goal of the proposed program is to develop and implement a variety of adaptive programs for individuals with disabilities. The program is designed to offer both individual or group program plans. A Certified Therapeutic Recreation Specialist would be hired to implement the individual and/or group program plans. Individuals within each program plan would pay an hourly rate plus any additional costs that may incur based on the program plan. She said the intent is that the program would cover 100%of its cost from user fees. Kress noted the Leisure Education Program is a very unique program that does not currently exist in any other city. The program will be a one-year pilot project that will be monitored monthly for expenses versus revenue, and evaluated quarterly. She reviewed the benefits of the program for the participants and their families and for the City of Eden Prairie. She said most importantly, the program will assist individuals with disabilities to become active participants in their community. Case thought many of the Councilmembers would be in favor of this even if there were more projected expenses with the program. Kress pointed out several members of the audience who came to the meeting tonight to show their support for the program. Mosman asked if we will continue to offer some of the same programs or will this mean all new programs. Kress responded we will continue with the same programs and, depending on the needs, we will expand so that we have a variety of options. Butcher noted that she has been honored to serve on the Human Services Review committee. The programs we offer have always been innovative and creative. This program is very cutting edge, and she is very pleased that we will participate in this. MOTION: Butcher moved, seconded by Mosman, to approve the Leisure Education Program for individuals with disabilities as outlined in the staff memorandum dated February 5, 2002. Motion carried 4-0. 3. Resolution No. 2002-39 Adopting a Gifts,Donations and Sponsorships Policy Rosow said this is a resolution adopting a gifts, donation and sponsorship policy. A developer, Matrix Development, LLC, has offered to donate a conservation easement to the City,and in order to take advantage of the tax loss a formal policy is needed. The Parks Department uses a program for accepting gifts and that language was used for the formal policy. MOTION: Butcher moved, seconded by Mosman, to adopt Resolution No. 2002-39 Adopting a Gifts, Donations and Sponsorships Policy. Motion carried 4-0. CITY COUNCIL MINUTES February 5,2002 Page 17 4. Resolution No.2002-40 Accepting Donation of Conservation Easement Rosow noted this was not a part of the Developer's Agreement but was offered voluntarily by Matrix Development,LLC. Luse said he would abstain from the discussion and from the vote on this resolution. MOTION: Mosman moved, seconded by Butcher, to adopt Resolution No. 2002-40 Accepting Donation of a Conservation Easement. Motion carried 3-0-1,with Luse abstaining. • D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. Purchase of Network Infrastructure Equipment Jullie said this is a request to replace some of our technology equipment in order to keep it up to date. The request is for purchase of CISCO network equipment that will provide faster connections for all desktop computers, faster connections to remote locations from City Hall, a faster connection from the Police Subnet to the City Hall Subnet, IP Telephony ready for City Hall, and increased overall network bandwidth, performance and efficiency. Case asked if this fits into any long-range plan. Jullie replied that this is just following a typical replacement schedule of three to five years. MOTION: Mosman moved, seconded by Luse, to authorize purchase of CISCO network equipment from State Contract vendor Comark for an amount not to exceed$63,070.94. Motion carried 4-0. 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 XV. OTHER BUSINESS Case said he meant to present a brief biography of Councilmember Luse earlier this evening.He reviewed Councilmember Luse's record,including his service on the City Council in Victoria, and his participation in several businesses and non-profit groups. Case welcomed Councilmember Luse to the Council CITY COUNCIL MINUTES February 5,2002 Page 18 XVI. ADJOURNMENT MOTION: Mosman moved, seconded by Luse,to adjourn the meeting. Motion carried 4-0. Acting Mayor Case-Lukens adjourned the meeting at 9:05 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 19,2002 SERVICE AREAIDIVISION: 11 EM DESCRIPTION: ITEM NO.: Police/C.O.P.Unit Clerk's License Application List V.L. Gretchen Laven These licenses have been approved by the department heads responsible for the licensed activity. Private Kennel Desiree Asfeld-Dogs - 1 - MEMORANDUM 0 To: City Manager Carl Jnllie From: Sgt. Dennis Paulson Date: February 19, 2002 Eden Prairie Subject: Private Kennel License for the Asfeld Family The Asfeld family applied for a private kennel license which was challenged by Mr. and Mrs. Dreyling. The Dreylings have since withdrawn their challenge as they have resolved their concerns with the Asfeld family. • I have verified with both the Asfeld and Dreyling families that the challenge has been resolved. Both families understand the private kennel license will be issued. CITY COUNCIL AGENDA DATE: 02/19/02 SECTION: Consent Agenda SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R. Uram Hennepin Village Michael D. Franzen Ir Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Rural to R1-9.5 on 10.3 acres and from Rural to RM-6.5 on 18 acres; and • Adopt the Resolution for Site Plan Review; and • Approve the Developer's Agreement for Hennepin Village. Synopsis • Twenty six (26)units have be relocated out of DNL 60 in site B to other locations. • The East West Connection Road will be built in phases. • There is a requirement for disclosure of information about the Airport and the East West Connection Road. • All homes must meet interior noise reduction guidelines. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Change 2. Resolution for Site Plan Review 3. Developer Agreement HENNEPIN VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 1-2002-PUD-1-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the Planned Unit Development R1-9.5 and RM-6.5 Zoning Districts 1-2002-PUD-1-2002 (hereinafter"PUD-1-2002-R1-9.5 and RM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of February 19, 2002, entered into between The Pemtom Land Company, and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-1-2002-R1-9.5 and RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-1-2002-R1-9.5 and RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-1-2002-R1-9.5 and RM-6.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-1-2002-R1-9.5 and RM-6.5 are justified by the design of the development described therein. D. PUD-1-2002-R1-9.5 and RM-6.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the R1-9.5 and RM-6.5 Zoning Districts and shall be included hereafter in the Planned Unit Development PUD-1-2002-R1-9.5 and RM- 6.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th 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 19th day of February,2002. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on Exhibit A Hennepin Village Legal Description: LEGAL DESCRIPTIONS FOR GUIDE PLAN CHANGES FROM OFFICE TO MEDIUM DENSITY RESIDENTIAL That part of Tract D,RLS 1667,Files of the Registrar,Hennepin County,Minnesota,described as follows: Commencing at southeast corner of said Tract D;thence South 89 degrees 17 minutes 01 seconds West,assumed bearing along the south line of said Tract D,a distance of 1,040.64 feet to the actual point of beginning of the land to be described;thence continue westerly along said line,a distance of 616.18 feet;thence North 00 degrees 08 minutes 59 seconds West,a distance of 604.44 feet;thence North 27 degrees 47 minutes 55 seconds West,a distance of 267.98 feet;thence North 65 degrees 26 minutes 49 seconds West,a distance of 174.89 feet;thence North 23 degrees 35 minutes 52 seconds West,a distance of 271.83 feet to a point hereinafter referred to as Point A; thence South 63 degrees 27.minutes 26 seconds East,a distance of 253.01 feet;thence South 58 degrees 39 minutes 14 seconds East,a distance of 250.84 feet;thence South 53 degrees 23 minutes 47 seconds East,a distance of 108.86 feet;thence South 61 degrees 05 minutes 56 seconds East,a distance of 184.54 feet;thence South 79 degrees 32 minutes 10 seconds East,a distance of 295.90 feet;thence South 80 degrees 47 minutes 32 seconds East,a distance of 211.15 feet;thence South 25 degrees 48 minutes 45 seconds East,a distance of 191.89 feet;thence South 27 degrees 45 minutes 28 seconds West,a distance of 562.34 feet to the point of beginning and there terminating. FROM OFFICE TO MEDIUM DENSITY RESIDENTIAL Commencing at the afore mentioned Point A;thence North 53 degrees 27 minutes 50 seconds West,a distance of 178.19 feet to the actual point of beginning of the land to be described;thence North 63 degrees 17 minutes 47 seconds West,a distance of 153.81 feet;thence North 88 degrees 31 minutes 07 seconds West,a distance of 378.75 feet;thence North 42 degrees 42 minutes 26 seconds West,a distance of 110.65 feet;thence North 01 degrees 16 minutes 54 seconds East,a distance of 373.33 feet;thence North 58 degrees 01 minutes 07 seconds West,a distance of 117.51 feet to a point hereinafter referred to as Point B;thence North 89 degrees 56 minutes 00 seconds East,a distance of 99.23 feet;thence South 58 degrees 46 minutes 59 seconds East,a distance of 217.43 feet;thence South 01 degrees 56 minutes 50 seconds West,a distance of 352.42 feet;thence South 89 degrees 52 minutes 06 seconds East,a distance of 157.91 feet;thence South 71 degrees 49 minutes 27 seconds East,a distance of 201.70 feet; thence South 41 degrees 25 minutes 12 seconds East,a distance of 90.18 feet to the point of beginning and there terminating. FROM MEDIUM DENSITY RESIDENTIAL TO OFFICE Commencing at the afore mentioned Point B;thence North 45 degrees 00 minutes 00 seconds East,a distance of 1.57 feet to the actual point of beginning of the land to be described;thence North 89 degrees 25 minutes 14 seconds West,a distance of 378.03 feet;thence North 00 degrees 48 minutes 30 seconds West,a distance of 41.84 feet; thence North 50 degrees 32 minutes 22 seconds East,a distance of 169.50 feet;thence South 58 degrees 14 minutes 09 seconds East,a distance of 291.38 feet to the point of beginning and there terminating. FROM OFFICE TO NEIGHBORHOOD COMMERCIAL That part of the Southeast Quarter of Section 28,Township 116,Range 22,Hennepin County,Minnesota,lying northerly of Flying Cloud Drive and lying southerly,westerly,southerly and easterly of the following described line: Commencing at the Southeast corner of said Southeast Quarter;thence North 00 degrees 17 minutes 55 seconds West,assumed bearing along the east line of said Southeast Quarter,a distance of 736.90 feet to the point of beginning of the line to be described;thence South 89 degrees 51 minutes 03 seconds West,a distance of 237.67 feet;thence North 00 degrees 17 minutes 55 seconds West,a distance of 181.04 feet;thence West,a distance of 405.79 feet;thence South 10 degrees 01 minutes 16 seconds East,to the said northerly line of Flying Cloud Drive and said line there terminating. PLANNED UNIT DEVELOPMENT LEGAL DESCRIPTION Outlot A and Lot 3,Block 1,SPRING HEIGHTS,according to the recorded plat thereof,Hennepin County Minnesota. ALSO: That part of Tract A,RLS No.465,Files of the Registrar of Titles,Hennepin County Minnesota. ALSO: That part of the Southeast Quarter of the Northeast Quarter of Section 29,Township 116,Range 22,Hennepin County Minnesota,lying easterly of the centerline of Old Shakopee Road,lying northerly of the RLS No 465,Files of the Registrar of Titles,Hennepin county Minnesota and which also lies southerly of the following described line: Commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter;thence northerly,along the east line of said Southeast Quarter of the Northeast Quarter,a distance of 681.13 feet to the actual point of beginning of the line to be described:thence westerly,deflecting to the left 87 degrees 43 minutes 44 seconds to the centerline of Old Shakopee Road and said line there terminating. ALSO: That part of the Northeast Quarter of the Southeast Quarter of Section 29,Township 116,Range 22,Hennepin County Minnesota,lying northwesterly of the centerline of Hennepin County State Aid Highway No 4. Excepting therefrom the following described tract: Commencing at the northeast corner of said Northeast of the Southeast Quarter;thence on a assumed bearing of South,along the east line thereof,a distance of 522.70 to the actual point of beginning;thence continue South,along said east line,a distance of 383.94 feet;thence North 15 degrees 46 minutes 19 seconds West,a distance of 358.33 feet;thence Northeasterly to the point of beginning. ALSO: That part of Tract D,RLS No. 1667,Files of the Registrar of Titles,Hennepin County Minnesota,excepting therefrom the following described parcels: That part lying southerly and southwesterly of the following described line;Commencing at the northwest comer of said Tract D;thence on a assumed bearing of South,along the west line of said Tract D,a distance of 522.70 feet to the point of beginning of the line to be described;thence North 68 degrees 07 minutes 41 seconds East,a distance of 81.85 feet;thence South 53 degrees 05 minutes 30 seconds East,to the southerly line of said Tract D and said line there terminating. AND That part lying northerly of the following described line: Commencing at the northeast corner of said Tract D;thence southerly along the east line thereof,a distance of 994.55 feet to the point of beginning of the line to be described;thence northwesterly deflecting at an angle of 71 degrees 48 minutes 26 seconds as measured from North to West,a distance of 2186.14 feet;thence northwesterly along a tangential curve concave of the northeast and having a radius of 620.00 feet to the north line of said Tract D and said line there terminating. ALSO: That part of the South One Half of the South One Half of the Northwest Quarter of Section 28,Township 116, Range 22,lying westerly of the Center line of Hennepin County Road No.4,which lies northerly and westerly of the following described line;Beginning at a point in the centerline of County Road No.4,from which a line drawn perpendicular to said centerline in a northwesterly direction would intersect the east line of the Southwest Quarter of the Northwest Quarter of said Section 28 at a point 150 feet North of the southeast corner of said Southwest Quarter of the Northwest Quarter of said Section 28;thence northwesterly from said point of beginning along said perpendicular line for a distance of 240.51 feet;thence southwesterly parallel to the center line of said Hennepin County Road No.4 for a distance of 489.45 feet more or less to the south line of said Northwest quarter of said Section 28 and there terminating and which also lies southerly of the following describe line;Commencing at the northwest comer of said South One Half of the South One Half of the Northwest Quarter of Said Section 28;thence easterly along the north line thereof,a distance of 299.16 feet to the point of beginning of the line to be described; thence easterly,deflecting to the right 03 degrees 25 minutes 15 seconds,a distance of 1443.72 feet to the centerline of said Hennepin County Road No.4 and said line there terminating. ALSO: Tract A,RLS No. 1629,Files of the Registrar of Title,Hennepin County,Minnesota. ALSO: That part of the Southeast Quarter of Section 28,Township 116,Range 22,Hennepin County,Minnesota,lying easterly and southerly of said Tract D and northerly of Flying Cloud Drive,except that part lying northerly of the following described line: Commencing at the Southeast corner of said Southeast Quarter;thence North 00 degrees 17 minutes 55 seconds East,assumed bearing along the east line of said Southeast Quarter,to the southeast corner of the Northeast Quarter of said Southeast Quarter and the point of beginning of the line to be described;thence North 72 degrees 17 minutes 46 seconds West,to the east line of said Tract D and said line there terminating. REZONING FROM RURAL TO R1-9.5 All that part of the following: That part of the South One Half of the South One Half of the Northwest Quarter of Section 28,Township 116, Range 22,lying westerly of the Center line of Hennepin County Road No.4,which lies northerly and westerly of the following described line;Beginning at a point in the centerline of County Road No.4,from which a line drawn perpendicular to said centerline in a northwesterly direction would intersect the east line of the Southwest Quarter of the Northwest Quarter of said Section 28 at a point 150 feet North of the southeast corner of said Southwest Quarter of the Northwest Quarter of said Section 28;thence northwesterly from said point of beginning along said perpendicular line for a distance of 240.51 feet;thence southwesterly parallel to the center line of said Hennepin County Road No.4 for a distance of 489.45 feet more or less to the south line of said Northwest quarter of said Section 28 and there terminating and which also lies southerly of the following describe line;Commencing at the northwest corner of said South One Half of the South One Half of the Northwest Quarter of Said Section 28;thence easterly along the north line thereof,a distance of 299.16 feet to the point of beginning of the line to be described; thence easterly,deflecting to the right 03 degrees 25 minutes 15 seconds,a distance of 1443.72 feet to the centerline of said Hennepin County Road No.4 and said line there terminating. Lying northerly,easterly,northerly and westerly of the following described line: Commencing at the northwest corner of said South One Half of the South One Half of the Northwest Quarter of Said Section 28;thence South 00 degrees 23 minutes 39 seconds East,a distance of 263.56 feet to the point of beginning; thence South 88 degrees 53 minutes 53 seconds East,a distance of 189.39 feet;thence southerly along a non- tangential curve concave to west having a central angle of 13 degrees 33 minutes 50 seconds,and a radius of 135.00 feet for an arc distance of 31.96 feet,the chord of said curve bears South 05 degrees 40 minutes 42 seconds East; thence South 01 degrees 06 minutes 12 seconds West,tangent to last described curve,a distance of 274.20 feet; thence southeasterly along a tangential curve concave to the northeast,having a central angle of 123 degrees 07 minutes 40 seconds and a radius of 80.00 feet,for an arc distance of 171.92 feet;thence North 57 degrees 58 minutes 32 seconds East,tangent to last described curve,a distance of 80.67 feet;thence easterly along a tangential curve concave to the south,having a central angle of 19 degrees 59 minutes 03 seconds and a radius of 250.00 feet, for an arc distance of 87.20 feet;thence North 77 degrees 57 minutes 35 seconds East,tangent to last described curve,a distance of 165.03 feet;thence northeasterly along a tangential curve concave to the northwest,having a central angle of 27 degrees 32 minutes 02 seconds and a radius of 450.00 feet,for an arc distance of 216.25 feet; thence North 50 degrees 25 minutes 33 seconds East,tangent to last described curve,a distance of 98.92 feet;thence northeasterly along a tangential curve concave to the northwest,having a central angle of 49 degrees 19 minutes 20 seconds and a radius of 150.00 feet,for an arc distance of 129.13 feet;thence North 01 degrees 06 minutes 12 seconds East,tangent to last described curve,a distance of 235.52 feet to the northerly line of the above described parcel and said line there terminating. REZONING FROM RURAL TO RM-6.5 All that part of the following: That part of the South One Half of the South One Half of the Northwest Quarter of Section 28,Township 116,Range 22,lying westerly of the Center line of Hennepin County Road No.4,which lies northerly and westerly of the following described line;Beginning at a point in the centerline of County Road No.4,from which a line drawn perpendicular to said centerline in a northwesterly direction would intersect the east line of the Southwest Quarter of the Northwest Quarter of said Section 28 at a point 150 feet North of the southeast corner of said Southwest Quarter of the Northwest Quarter of said Section 28;thence northwesterly from said point of beginning along said perpendicular line for a distance of 240.51 feet; thence southwesterly parallel to the center line of said Hennepin County Road No.4 for a distance of 489.45 feet more or less to the south line of said Northwest quarter of said Section 28 and there terminating and which also lies southerly of the following describe line;Commencing at the northwest corner of said South One Half of the South One Half of the Northwest Quarter of Said Section 28;thence easterly along the north line thereof,a distance of 299.16 feet to the point of beginning of the line to be described;thence easterly,deflecting to the right 03 degrees 25 minutes 15 seconds,a distance of 1443.72 feet to the centerline of said Hennepin County Road No.4 and said line there terminating. AND That part of Tract D,RLS No. 1667,Files of the Registrar of Titles,Hennepin County Minnesota,lying northwesterly of the centerline of Hennepin County Road No.4 per HENNEPIN COUNTY STATE AID HIGHWAY NO.4,PLAT 60,according to the recorded plat thereof Hennepin County,Minnesota,except that part lying southerly and southwesterly of the following described line: Commencing at the northwest corner of said Tract D;thence on a assumed bearing of South,along the west line of said Tract D,a distance of 522.70 feet to the point of beginning of the line to be described;thence North 68 degrees 07 minutes 41 seconds East, a distance of 81.85 feet;thence South 53 degrees 05 minutes 30 seconds East,to the southeasterly line of said Tract D and said line there terminating. Lying southerly,westerly,southerly and easterly of the following described line: Commencing at the northwest corner of said South One Half of the South One Half of the Northwest Quarter of Said Section 28;thence South 00 degrees 23 minutes 39 seconds East,a distance of 263.56 feet to the point of beginning;thence South 88 degrees 53 minutes 53 seconds East,a distance of 189.39 feet; thence southerly along a non-tangential curve concave to west having a central angle of 13 degrees 33 minutes 50 seconds,and a radius of 135.00 feet for an arc distance of 31.96 feet,the chord of said curve bears South 05 degrees 40 minutes 42 seconds East;thence South 01 degrees 06 minutes 12 seconds West, tangent to last described curve,a distance of 274.20 feet;thence southeasterly along a tangential curve concave to the northeast,having a central angle of 123 degrees 07 minutes 40 seconds and a radius of 80.00 feet,for an arc distance of 171.92 feet;thence North 57 degrees 58 minutes 32 seconds East,tangent to last described curve,a distance of 80.67 feet;thence easterly along a tangential curve concave to the south, having a central angle of 19 degrees 59 minutes 03 seconds and a radius of 250.00 feet,for an arc distance of 87.20 feet;thence North 77 degrees 57 minutes 35 seconds East,tangent to last described curve,a distance of 165.03 feet;thence northeasterly along a tangential curve concave to the northwest,having a central angle of 27 degrees 32 minutes 02 seconds and a radius of 450.00 feet,for an arc distance of 216.25 feet;thence North 50 degrees 25 minutes 33 seconds East,tangent to last described curve, a distance of 98.92 feet;thence northeasterly along a tangential curve concave to the northwest,having a central angle of 49 degrees 19 minutes 20 seconds and a radius of 150.00 feet,for an arc distance of 129.13 feet;thence North 01 degrees 06 minutes 12 seconds East,tangent to last described curve,a distance of 235.52 feet to the northerly line of the above described parcel and said line there terminating. SITE PLAN REVIEW&PRELIMINARY PLAT That part of Tract D,RLS No. 1667,Files of the Registrar of Titles,Hennepin County Minnesota,lying northwesterly of the centerline of Hennepin County Road No.4,except that part lying southerly,southwesterly and westerly of the following described line;Commencing at the northwest corner of said Tract D;thence on a assumed bearing of South,along the west line of said Tract D,a distance of 522.70 feet;thence North 68 degrees 07 minutes 41 seconds East,a distance of 81.85 feet;thence South 53 degrees 05 minutes 30 seconds East,a distance of 199.21 feet to the southerly line of said Tract D,and the actual point of beginning of the line to be described;thence North 53 degrees 05 minutes 30 seconds West,a distance of 199.21 feet;thence North,parallel to said west line,a distance of 492.81 feet to the north line of said Tract D,and said line there terminating. ALSO: That part of the South One Half of the South One Half of the Northwest Quarter of Section 28,Township 116, Range 22,lying westerly of the Center line of Hennepin County Road No.4,which lies northerly and westerly of the following described line;Beginning at a point in the centerline of County Road No.4,from which a line drawn perpendicular to said centerline in a northwesterly direction would intersect the east line of the Southwest Quarter of the Northwest Quarter of said Section 28 at a point 150 feet North of the southeast corner of said Southwest Quarter of the Northwest Quarter of said Section 28;thence northwesterly from said point of beginning along said perpendicular line for a distance of 240.51 feet;thence southwesterly parallel to the center line of said Hennepin County Road No.4 for a distance of 489.45 feet more or less to the south line of said Northwest quarter of said Section 28 and there terminating and which also lies southerly of the following describe line;Commencing at the northwest corner of said South One Half of the South One Half of the Northwest Quarter of Said Section 28;thence easterly along the north line thereof,a distance of 299.16 feet to the point of beginning of the line to be described; thence easterly,deflecting to the right 03 degrees 25 minutes 15 seconds,a distance of 1443.72 feet to the centerline of said Hennepin County Road No.4 and said line there terminating,and which lies easterly of the following described line:Commencing at the southeast corner of said South One Half of the South One Half of the Northwest Quarter;thence easterly along the south line of said South One Half of the South One Half of the Northwest Quarter, a distance of 75.96 feet to the actual point of beginning of the line to be described;thence northerly,deflecting to the left 89 degrees 32 minutes 46 seconds,a distance of 663.21 feet to the last above described line and there terminating. HENNEPIN VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 1-2002-PUD-1-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Summary: This ordinance allows rezoning of land located south of Flying Cloud Airport, east of Eden Prairie Road, and north of Highway 212, from the Rural Zoning District to the R1-9.5 and RM-6.5 Zoning Districts. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A.Porta,City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) 9 HENNEPIN VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2002- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR HENNEPIN VILLAGE BY THE PEMTOM LAND COMPANY WHEREAS,The Pemtom Land Company,has applied for Site Plan approval of Hennepin Village on 18 acres for construction of, 70 townhouses to be zoned in the RM-6.5 Zoning District on 18 acres,by an Ordinance approved by the City Council on February 5,2002; and WHEREAS,the Community Planning Board reviewed said application at a public hearing at its November 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 November 20,2001 meeting. NOW,THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to The Pemtom Land Company,for the construction of 70 townhouses to be zoned in the RM-6.5 Zoning District on 18 acres,based on plans dated November 13, 2001,between The Pemtom Land Company, and the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie this 19th day of February • 2002. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta, City Clerk / DEVELOPER'S AGREEMENT HENNEPIN VILLAGE THIS AGREEMENT is entered into as of February _, 2002, by Hennepin Village Limited Partnership, a Minnesota limited partnership, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Guide Plan Change from Office to Medium Density Residential on 17.7 acres,from Office to Neighborhood Commercial on 4.5 acres,from Medium Density Residential to Office on .7 acres, Planned Unit Development Concept Review on 246.5 acres, Planned Unit Development District Review on 28.3 acres,Zoning District Change from Rural to R1-9.5 on 10.3 acres and from Rural to RM-6.5 on 18 acres; Site Plan Review in the RM-6.5 District on 18 acres; and Preliminary Plat of 28.3 acres into 125 lots and 2 outlots, legally described on Exhibit A; NOW, THEREFORE, in consideration of the City adopting Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to R1-9.5 and RM-6.5,Resolution No. for Site Plan Review,and Resolution No. for Preliminary Plat,Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop Site A(hereinafter legally described on Exhibit A)in conformance with the materials revised and stamp dated November 2, 1001,reviewed and approved by the City Council on November 20, 2001, and identified as Exhibit B, (hereinafter the "Plans") subject to such changes and modifications as provided herein.The term Property,as used herein includes the land described in Exhibit A,and further depicted in Exhibit B as Sites A,B, C and D and Office Lots 1-7 (the latter of which includes the Neighborhood Convenience Center, i.e., Community Commercial). 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEDICATION OF PARK LAND: Prior to release of the final plat for Site A,Developer shall convey to 1 // City by warranty deed outlots A and B, Site A Hennepin Village for park purposes in accordance with the terms of Exhibit C.Prior to issuance of the first building permit for any lot abutting City park property on Site A,Developer shall permanently demarcate the location of the boundary of the park land on each lot line or corner with permanent four-foot tall posts. A 2'A by 6 inch sign or decal reading"Park Land Boundary, City of Eden Prairie,"will be affixed to the top of the post. 4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to development of, or construction on, Site A or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however, City need not issue a building or occupancy permit for construction or occupancy on Site A while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 6. 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 Site A. The materials and colors must be consistent with the Hennepin Village Design Manual dated November 13, 2001, by Westwood Professional Services, Inc. (hereinafter referred to as Design Framework Manual"). Prior to issuance of any occupancy permit for Site A, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 7. FUTURE DEVELOPMENT: Prior to any development or construction on Sites B, C,D, Office Sites 1-7, (including the Neighborhood Commercial site sometimes known as the Neighborhood Convenience Center), as depicted in the Plans, Developer shall submit the plans required by the Eden Prairie City Code for review and approval by the Community Planning Board and City Council. These plans shall be developed in accordance with the following conditions. A. The Developer has agreed and therefore shall dedicate or convey to City 70.7 acres of 2 J;— open space,the historic architectural theme,and protection of historic,cultural,and archaeological resources. The parties acknowledge that of the open space to be dedicated or conveyed to City, 8.2 acres relate to Site A;51.5 acres relate to Site B; and 11.00 acres relate to residential development within Site C. B. The access to the proposed Neighborhood Convenience Center(within Office Lot 7) should be located 1/8th mile from Highway 212.The City Engineer may consider an alternative access onto Charlson Road from Highway 212 based on the Engineer's review and approval of a traffic study commissioned by the City and paid for by the Developer. C. Provide the northerly 50 feet of Office Lot 7 for a public street. D. Provide by easement or conveyance for public use a trail head access and between 5 and 10 parking spaces in Site C adjacent to the City park. E. Site B shall be limited to three access points off Eden Prairie Road, exclusive of East/West Connection One access point shall be aligned with Beverly Drive. F. Units in the southwest corner of Site B need to be relocated to avoid a wetland and meet the required setbacks and buffers.Developer shall provide a wetland delineation for Site B.Any units located within the delineated wetland area may be removed to other locations approved by the City within Site B, C or D. G. Access to Charlson Road should be at 1/8th mile spacing. H. Rear yard drainage on Sites C and D shall be directed back to internal streets in order to manage the Prairie Bluff Conservation Area as a dry prairie. I. All housing in the PUD shall be designed to meet the Metropolitan Council Builders Guide Land Use Compatibility Guidelines for Aircraft Noise,August 1999,Table 2 for Residential New Development within the DNL 66-60 for interior noise reduction. J. The number of units that can be built in Sites B,C,and D shall be based on detailed plans presented at the time of rezoning. K. The actual amount of office that can be built shall be based on detailed plans presented at the time of rezoning. L. The actual amount of commercial that can be built shall be based on detailed plans presented at the time of rezoning and a traffic analysis. M. Construct trails and sidewalks as shown on the sidewalk and trail plans. 3 /3 N. Developer shall modify the Concept Plan for Site B to remove 26 townhouse units identified on Exhibit F to other locations approved by the City Planner in Sites B,C or D and to relocate the Community Center to the area from which the 26 townhouse units were previously located. 8. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for Site A,Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for Site A. The final grading and drainage plan shall include pond designs for wet basins with adequate storage for the calculated NURP and 100 year flood events, 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. B. Developer shall employ a geotechnical engineer to prepare a report that evaluates the bottom and side slopes of stormwater ponds for erosion and slope stability. Developer shall implement design recommendations of said report. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. C. 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 Site A. 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. 9. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on Site A. The 4 • 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 the last 10 occupancy permits for Site A. 10. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on 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 the last 10 occupancy permits for Site A, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C.The bond furnished by Developer may be provided by the landscape contractor provided the City Planner approves said landscape bond as provided above, and provided that the rights of the City as obligee under such bond are not impaired or affected in any manner by any default or failure of the Developer to perform any condition or obligation under or pursuant to the Developer's contract with the landscape contractor. 11. PERFORMANCE STANDARDS: Developer agrees that the development of Site A will occur in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. 12. PLAN REVISIONS SITE A: Prior to final plat approval Developer shall provide revised plans with the following changes. A. Show right of way for the future realignment of Spring Road. B. Show additional right of way at both Spring Road and the East/West Connection road to accommodate emergency vehicles and trucks. C. Show easements for offsite grading and drainage. D. Show a fire truck turnaround for units in Block 2, Site A. E. Show sewer and water line construction within Spring Road and not on adjoining private property. 13. PRETREATMENT PONDS: Prior to final plat approval of Site A,Developer shall submit to the City Engineer and receive the City Engineer's written approval of plans and design information for all storm water quality facilities to be constructed on Site A.Developer shall complete implementation of the approved storm water quality facility plan prior to issuance 5 of any occupancy permit for Site A. Prior to issuance of any certificate of occupancy for Site A,Developer shall provide to the City Engineer proof that the pond size has not diminished from the original design volume because of sedimentation,erosion or other causes,and that the pond has been restored to its original volume if the pond size has diminished. 14. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the Ri-9.5 and RM-6.5 through the Planned Unit Development District Review for Site A and incorporates said waivers as part of PUD (list PUD number): R1-9.5 Zoning District • Lot size from 9,500 sf to 3,240 sf. • Density from 3.5 units per acre to 5.5 units per acre. • Site area per unit from 9,500 sf to 8,142sf. • Lot width from 70 feet to 36 feet. • Lot depth from 100 feet to 90 feet. • Front yard setback from 30 feet to 10 feet. • Rear yard setback from 20 feet to 10 feet. • Side yard setback from 5 feet minimum and 15 total feet to 5 feet minimum and 10 total feet. RM-6.5 Zoning District • • Lot depth from 100 feet to 74 feet. • Front yard setback from 30 feet to 10 feet. • Side yard setback from 10 feet minimum and 20 total feet to 10 feet minimum and 10 total feet. 15. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on Site A,Developer shall submit to the Chief Building Official,and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit related to Site A. 16. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building 6 permit on Site A,Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on Site A. Developer shall convey access easements for such sidewalks and trails in such locations as determined by the Director of Parks and Recreation Services. Sidewalks and trails shall be constructed in the following locations: A. An eight-foot wide bituminous trail to be located on the south side of proposed street A and along the north side of Spring Road, as depicted in the Plans. The City will assume extraordinary grading costs beyond those cost normally incurred for a typical trail section for the trail north of Spring Road. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for Site A. 17. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code,Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size,location,the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 18. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for lighting on Site A. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for Site A. 19. STREET AND UTILITY PLANS WITHIN SITE A: Developer agrees that the utility Plan contained in the Plans is conceptual. Prior to issuance by the City of any permit for the construction of streets and utilities for Site A,Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of fmal plans for public streets, sanitary sewer, water and storm sewer. The East/West Connection road should be designed at a maximum grade of 10%. A private rear yard storm sewer system to collect storm water from Lots 56-111 is required. Plans for public infrastructure shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Developer shall pay a permit fee of five percent of construction value of infrastructure improvements dedicated to the City. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 20. TREE LOSS-TREE REPLACEMENT: There are 4,264 diameter inches of significant trees on Site A. Tree loss related to development on Site A is calculated at 2,424 diameter inches. Tree replacement required is 1,832 caliper inches.Prior to issuance of the last ten occupancy permits for Site A,Developer shall submit to the City Forester and receive the 7 /2 City Forester's written approval of a tree replacement plan for 1,832 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that,should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Developer shall complete implementation of the approved tree replacement plan prior to building permit issuance. 21. DESIGN FRAMEWORK MANUAL: The Design Framework Manual shall be applicable to Site A. Developer agrees to implement the Design Framework Manual and complete implementation prior to occupancy permit. 22. EAST/WEST CONNECTION ROAD: The Developer shall be responsible for the construction of the East/West Connection road as follows: Segment 1 of the road(defined as that portion of the roadway between Spring Road and the west boundary of Site A)shall be fully constructed and completed at the same time public improvements are installed at Site A. Segment 2 of the road(defined as that portion of the roadway between the west boundary of Site A to Eden Prairie Road) shall be fully constructed and completed concurrent with the first phase of construction of Site B housing.The construction of Segment 1 of the East/West Connection road is contingent upon the City of Eden Prairie completing the approved public improvements to Site A for fall occupancy of Site A in 2002. The construction of the East/West Connection road in Segment 2 is contingent upon the City of Eden Prairie completing the approved public improvements for Site B in the fall of 2003. In the event public improvements are not completed by the City for Site B in 2003,the requirement to complete the East/West Connection road will be delayed until such time as the public improvements have been completed and installed. • 23. DEDICATION OF RIGHT OF WAY ADJACENT TO SPRING ROAD: Developer acknowledges that the preliminary plat as shown on the Plans is conceptual regarding the right of way required for a revised Spring Road future curve alignment. The Developer agrees to dedicate in the final plat for Site A, the right of way for future Spring Road improvements based on a curve radius of 700 feet and a right of way width of 100 feet. 24. INTERIOR NOISE MITIGATION PLAN: Prior to issuance of each residential building permit for the Property, Developer shall submit plans that establish that residence is designed to meet the Metropolitan Council Builders Guide Land Use Compatibility Guidelines for Aircraft Noise,dated August 1999,Table 2 for Residential New Development within the DNL 66-60 for interior noise reduction. 25. FINAL PLAT APPROVAL, ISSUANCE OF LAND ALTERATION PERMIT AND/OR PERMIT FOR CONSTRUCTION OF STREET AND UTILITY PLANS 8 I T. FOR SITE A: Developer acknowledges that the development of Site A is dependent on Spring Road improvements including street and utility infrastructure adjacent to Site A. Developer agrees that no land alteration permit or permit for construction of street,utilities or any structures shall be issued until an agreement with the Metropolitan Airports Commission for right-of-way acquisition has been reached. In the event no agreement for right-of-way acquisition is reached by March 31,2002 City will proceed with its best efforts to otherwise acquire necessary right-of-way and complete utility service to Site A as soon as practically feasible. 26. MAXIMUM DAILY TRAFFIC: The total amount of housing, office and commercial development on the Property shall be limited to 10,604 daily trips modeled based upon ITE traffic generation rates. City may consider allowing traffic in excess of 10, 604 daily trips based on the results of a traffic study. The traffic study shall be commissioned by the City and paid for by the Developer. Developer agrees to be responsible for all costs associated with road improvements identified in the traffic study. City will consider allowing traffic in excess of 10,604 in the event the Metropolitan Council notifies the City in writing that it will not hold City responsible for regional road improvements due to traffic flow in excess of 10,604 daily trips from the Property 27. DISCLOSURE OF INFORMATION: No lot within the plat of the Site A shall be sold or transferred to the first intended residential homeowner, nor an agreement entered into to construct a home on any lot within the plat of Site A unless the Developer or its successors and/or assigns personally delivers prior to execution of a purchase agreement or an agreement to construct a home on the lot(whichever comes first), a disclosure statement in form and substance as attached as Exhibit E hereto regarding the Flying Cloud Airport and the planned extension of the East/West Connection Road to Eden Prairie Road. If the initial purchaser of a lot from the Developer is not the initial intended homeowner of a residence to be constructed on the lot,Developer shall require by contractual obligation with its initial purchaser to deliver the disclosure statement to the initial intended residential homeowner prior to execution by the intended homeowner of any agreement to construct a home or agreement to purchase a lot(whichever comes first). 28. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Developer represents that there are no wells or septic systems located on Site A. 29. ADMINSITRATIVE SUBDIVISION APPROVAL: The City Manager will authorize a subdivision of the parcel described in Exhibit G into Tract 1 and Tract 2 as described in Exhibit G provided no objection has been filed with City pursuant to City Code Section 12.02, Subdivision 1 (4). 9 1"� CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda February 19,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management Services Authorize Purchase of Addition/Upgrade to TIT v2 Telephone System 1;J' Requested Action Authorize purchase of Mitel SX-2000 equipment from Eschelon Communications for the Community Center for an amount not to exceed$36,620.00. Synopsis The Community Center's existing telephone supports 10 fulltime employees, and a very high rate of inbound calls. The equipment that is currently installed has been in operation for over 7 years and no longer meets industry standards. To ensure reliable telecommunication services and receive continued vendor support for our equipment, the existing telephone system at the Community Center must be upgraded and/or replaced. A typical replacement schedule for this type of equipment is between 5 and 7 years. Upon completion this project will: • Provide access to the main core telephone system operating from City Hall via City owned installed backbone fiber • Provide 16 digital telephone lines and 8 analog lines • Provide 9 new digital telephones E-911 ready • PRI ready for external Caller ID services • Software upgrade on overall telephone system • Increase overall system features, capacity,performance, and efficiency Financial Considerations Funding for this project is budgeted in the General Account for Telephone Service and Equipment. CITY COUNCIL AGENDA DATE:February 19, 2002 SECTION: Consent Calendar SERVICE AREA/DWISION: ITEM DESCRIPTION: Appointment of ITEM NO: Parks and Recreation Assistant Weed Inspector Through:Robert A. Lambert Director — " From: Stuart A.Fox,Manager `V 1. Li Parks and Natural Resources Requested Action Motion: Move to appoint Jeff Cordes as Assistant Weed Inspector for the City of Eden Prairie. Synopsis Each year the City of Eden Prairie is requested to appoint an Assistant Weed Inspector for the City under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81. The responsibility of the Assistant Weed Inspector is to enforce the local and state weed ordinances. Jeff Corders has been doing this inspection work for the past several years, and he is familiar with the City ordinance and state law. Under State Statute, the Mayor is the City Weed Inspector and appointment of a Assistance Weed Inspector thereby relieves the Mayor or City Council of those duties as required by Minnesota State Statute. SAF:mdd CITY COUNCIL AGENDA DATE:February 19, 2002 SECTION: Consent Calenci r SERVICE AREA/DIVISION: ITEM DESCRIPTION:Award Bid for Purgatory ITEM NO: Parks and Recreation Creek Recreation Area Park Grading Through:Robert A.Lambert, Director Parks &Recreation Services - From: Stuart A. Fox,Manager V �� 1 Parks and Natural Resources OF Requested Action Move to: Award the bid to Veit Companies for$332,084.69 for grading of Purgatory Creek Recreation Area Park(Phase I). Synopsis Staff has been working with SRF Consulting Group, Inc. to develop the plans for Purgatory Creek Recreation Area Park. This project has received the review of the City Council and staff was authorized to advertise for bids for the grading of this park area. The project was advertised in the Eden Prairie News and the Construction Bulletin and bids were opened on February 5, 2002. The City received bids from 12 contracting firms and a summary of their bids is attached. The consultant's estimated for this project was $522,827. Staff recommends awarding the grading contract to Veit Companies as per their bid of $332,084.69. This is the first phase of the park project and will be paid out of TIF funds that have been designated for this park project. Attachment Bid Summary for the Purgatory Creek Recreation Area Park Grading SAF:mdd 1 v C I' I Oi I0'`0LC000N ,1OI>` O CD "1"!‘-'. -1 0 I 1 1 - . ✓ O LC0 N- O LC) O CO O LCO ICICD10 CO CD OOOOO COLD •- CC) O I - CD N- N- C} OCO00 N- C) 4 N c0 COOCD4ODOdtN N- ' - O N O 1 CD co 0 f- CO 0 N. op OD CD CD CO I- N- cc N` 0N'LC)OOt` CVN N C NOIN. CD 01 'TN 00OOOOM N d' CM M CY) CO .t Tr"ct 'mot LC) CO M LU m E9-696969 ii9 H}K}en-EaEf}faH} fa L 05 Od' OCOOOCD •ct C70d' 00 O EE COOd. 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CITY COUNCIL AGENDA _ DATE: February 19,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Services Certificate of Correction for Oakparke Estates Randy Slick 3rd Addition �--�— Eugene A.Dietz V LE Requested Action Move to: Approve the Certificate of Correction for Oakparke Estates 31'd Addition. Synopsis The dedication on the recorded plat omitted the identification of Eden Orchard Limited Partnership as a fee owner of a portion of the property being platted. . The Certificate of Correction will correct the recorded plat. Background Information The plat of Oakparke Estates 3rd Addition was approved by Council on May 1, 2001 and recorded in December,2001. Attachments Certificate of Correction CERTIFICATE OF CORRECTION Name of Plat: OAKPARKE ESTATES 3RD ADDITION Pursuant to Minn. Stat.sec. 505.174,Harold C.Peterson, a Licensed Land Surveyor in and for the State of Minnesota, declares as follows: That I prepared the plat of: OAKPARKE ESTATES 3RD ADDITION dated September 5th 2001 and filed on December 6th, 2001 in the office of the County Recorder,Hennepin County, Minnesota as Document No. 7599542. That said plat contains errors, omissions, or defects in the following particulars,to-wit: The instrument of dedication as shown on sheet 1 of 7 sheets omits the identification of Eden Orchard Limited Partnership, a Minnesota limited partnership, as being a fee owner of the property described within said instrument of dedication That said plat is hereby corrected in the following particulars,to-wit: The instrument of dedication shall identify and include Eden Orchard Limited Partnership, a Minnesota limited partnership,as a fee owner of the property described within said instrument of dedication, and the corrected dedication language and acknowledged signatures shall be as follows, all effective as of the date of filing of said plat, December 6th,2001: KNOW ALL PERSONS BY THESE PRESENTS: That U.S. Home Corporation, a Delaware corporation,fee owner of the following described property situated in the County of Hennepin, State of Minnesota, to wit: Outlot B, OAKPARKE ESTATES 2ND ADDITION, according to the recorded plat thereof,Hennepin County, Minnesota. Together with that part of Outlot A, OAKPARKE ESTATES, according to the recorded plat thereof,Hennepin County, Minnesota,described as follows: Commencing at the southwest corner of said Outlot A;thence North 00 degrees 27 minutes 57 seconds West along the west line of said Outlot A, a distance of 729.03 feet to the point of beginning of the land to be described; thence continuing North 00 degrees 27 minutes 57 seconds West, along said west line a distance of 425.66 feet; thence North 88 degrees 56 minutes 57 seconds East a distance of 550.03 feet; thence South 00 degrees 27 minutes 57 seconds East a distance of 60.00 feet; thence South 88 degrees 56 minutes 57 seconds West a distance of 137.29 feet; thence southwesterly a distance of 605.22 feet along a tangential curve, concave to the southeast,having a radius of 420.00 feet and a central angle of 82 degrees 33 minutes 46 seconds to the point of beginning. 1 G-- a r Together with that part of Outlot A, OAKPARKE ESTATES, according to the recorded plat thereof,Hennepin County, Minnesota,said parcel is described as follows: Commencing at the southwest corner of said Outlot A; thence South 87 degrees 20 minutes 08 seconds East along the south line of said Outlot A, a distance of 616.88 feet to the point of beginning of the parcel to be described; thence North 17 degrees 44 minutes 32 seconds West a distance of 177.26 feet; thence North 14 degrees 43 minutes 45 seconds West a distance of 50.00 feet; thence northeasterly a distance of 78.55 feet along a non-tangential curve, concave to the northwest, having a radius of 313.50 feet, a central angle of 14 degrees 21 minutes 24 seconds and a chord bearing of North 68 degrees 05 minutes 33 seconds East; thence North 29 degrees 05 minutes 09 seconds West, not tangent to the last • described curve, a distance of 147.41 feet; thence North 49 degrees 47 minutes 18 seconds East a distance of 64.01 feet; thence North 28 degrees 37 minutes 57 seconds East a distance of 64.62 feet; thence North 11 degrees 48 minutes 22 seconds East a distance of 68.01 feet; thence North 23 degrees 43 minutes 16 seconds West a distance of 157.92 feet; thence North 00 degrees 18 minutes 36 seconds East a distance of 180.97 feet; thence westerly a distance of 38.77 feet along a non-tangential curve, concave to the north, having a radius of 250.00 feet, a central angle of 08 degrees 53 minutes 10 seconds and a chord bearing of North 80 degrees 46 minutes 27 seconds West; thence North 13 degrees 40 minutes 08 seconds East, not tangent to the last described curve, a distance of 50.00 feet; thence North 01 degree 03 minutes 03 seconds West a distance of 213.44 feet to the south line of Dell Road, OAKPARKE ESTATES 2ND ADDITION, according to the recorded plat thereof, said Hennepin County; thence North 88 degrees 56 minutes 57 seconds East, along said south line, a distance of 331.75 feet to the northwest corner of Lot 1, Block 8, said OAKPARKE ESTATES; thence South 01 degree 03 minutes 03 seconds East a distance of 120.00 feet; thence South 03 degrees 00 minutes 23 seconds East a distance of 91.23 feet; thence South 20 degrees 50 minutes 46 seconds East a distance of 165.51 feet to the most northerly corner of Outlot G, said OAKPARKE ESTATES 2ND ADDITION; thence South 11 degrees 38 minutes 33 seconds East a distance of 212.60 feet; thence South 43 degrees 04 minutes 05 seconds East a distance of 18.88 feet to the most northerly corner of Outlot F,said OAKPARKE ESTATES 2ND ADDITION; thence South 28 degrees 16 minutes 27 seconds West a distance of 210.74 feet; thence southeasterly a distance of 68.52 feet along a non- tangential curve, concave to the southwest, having a radius of 278.65 feet, a central angle of 14 degrees 05 minutes 21 seconds and a chord bearing of South 54 degrees 40 minutes 53 seconds East; thence South 35 degrees 11 minutes 22 seconds West, not tangent to the last described curve, a distance of 245.79 feet; thence South 58 degrees 10 minutes 03 seconds West a distance of 238.76 feet to said south line and also being the point of beginning. Together with Outlot F, OAKPARKE ESTATES 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. 2 Together with that part of OUTLOT A, OAKPARKE ESTATES, according to the record plat thereof,Hennepin County, Minnesota lying easterly and southerly of the following described line: Commencing at the southwest corner of the Northwest Quarter of Section 29, Township 116, Range 22,Hennepin County,Minnesota; thence South 89 degrees 26 minutes 44 seconds East along the south line of said Outlot A, a distance of 604.03 feet to the point of beginning of the line to be described; thence North 00 degrees 33 minutes 16 seconds East a distance of 192.99 feet; thence northeasterly a distance of 94.61 feet, along a non-tangential curve, concave to the northwest, having a central angle of 27 degrees 06 minutes 14 seconds, a radius of 200.00 feet, and a chord bearing of North 38 degrees 43 minutes 40 seconds East; thence northeasterly a distance of 129.80 feet, along a tangential curve, concave to the northwest, having a central angle of 08 degrees 45 minutes 04 seconds and a radius of 849.87 feet; thence South 78 degrees 48 minutes 50 seconds East a distance of 112.55 feet; thence North 84 degrees 55 minutes 09 seconds East a distance of 142.64 feet; thence North 23 degrees 26 minutes 37 seconds East a distance of 191.18 feet; thence North 43 degrees 42 minutes 58 seconds West a distance of 112.85 feet; thence South 89 degrees 46 minutes 17 seconds East a distance of 600.90 feet to the east line of said Outlot A and there said line terminating. Together with Outlot C, OAKPARKE ESTATES 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. Together with Outlot D, OAKPARKE ESTATES 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. That Eden Orchard Limited Partnership, a Minnesota limited partnership, fee owner of the following described property situated in the County of Hennepin, State of Minnesota, to wit: Together with that part of Outlot A, OAKPARKE ESTATES, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: Commencing at the southwest corner of said OUTLOT A, thence North 00 degrees 27 minutes 57 seconds West on an assumed bearing along the west line of said OUTLOT A, a distance of 1154.69 feet to the point of beginning of the land to be described; thence continuing North 00 degrees 27 minutes 57 seconds West along said west line a distance of 768.80 feet: thence North 89 degrees 32 minutes 03 seconds East a distance of 300.00 feet; thence South 68 degrees 54 minutes 18 seconds East a distance of 168.57 feet; thence South 51 degrees 33 minutes 04 seconds East a distance of 300.00 feet; thence South 38 degrees 26 minutes 56 seconds West a distance of 237.50 feet; thence southwesterly 38.65 feet on a tangential curve, concave to the northwest, having a radius of 249.60 feet, a central angle of 08 degrees 52 minutes 22 seconds and a chord which 3 bears South 42 degrees 53 minutes 07 seconds West;thence South 45 degrees 38 minutes 23 seconds East a distance of 50.06 feet; thence South 0 degree 27 minutes 57 seconds East a distance of 264.63 feet; thence South 88 degrees 56 minutes 57 seconds West a distance of 550.03 feet to the point of beginning. Together with that part of Outlot A, OAKPARKE ESTATES, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: Beginning at the southwest corner of said Outlot A; thence North 00 degrees 27 minutes 57 seconds West along the west line of OUTLOT A, a distance of 729.03 feet; thence northeast a distance of 605.22 feet on a non-tangential curve, concave • to the southeast, having a radius of 420.00 feet, a central angle of 82 degrees 33 minutes 46 seconds and a chord which bears North 47 degrees 40 minutes 04 seconds East; thence North 88 degrees 56 minutes 57 seconds East a distance of 147.65 feet; thence South 01 degree 03 minutes 03 seconds East a distance of 213.44 feet; thence South 13 degrees 40 minutes 08 seconds West a distance of 50.00 feet; thence southeasterly a distance of 38.77 feet on a non-tangential curve, concave to the north, having a radius of 250.00feet, a central angle of 8 degrees 53 minutes 10 seconds and a chord which bears South 80 degrees 46 minutes 27 seconds East; thence South 00 degrees 18 minutes 36 seconds West not tangent to last described curve a distance of 180.97.feet; thence South 23 degrees 43 minutes 16 seconds East a distance of 157.92 feet; thence South 11 degrees 48 minutes 22 seconds West a distance of 68.01 feet; thence South 28 degrees 37 minutes 57 seconds.West a distance of 64.62 feet; thence South 49 degrees 47 minutes 18 seconds West a distance of 64.01 feet; thence South 29 degrees 05 minutes 09 seconds East a distance of 147.41 feet; thence southwesterly a distance of 78.55 feet on a non-tangential curve, concave to the northwest,having a radius of 313.50 feet, a central angle of 14 degrees 21 minutes 24 seconds and a chord which bears South 68 degrees 05 minutes 33 seconds West; thence South 14 degrees 43 minutes 45 seconds East, not tangent to the last described curve, a distance of 50.00 feet; thence South 17 degrees 44 minutes 32 seconds East a distance of 177.26 feet; thence North 87 degrees 20 minutes 08 seconds West a • • distance of 616.88 feet to the point of beginning. Have caused the same to be surveyed and platted as OAKPARKE ESTATES 3RD ADDITION, and do hereby donate and dedicate to the public for public use forever, the Court, Drives, Roads, Ridge and Lane as shown on this plat and also dedicate the easements as shown on this plat for drainage and utility purposes only. 4 5 IN WITNESS WHEREOF, said U. S. Home Corporation, a Delaware corporation, has caused these presents to be signed by its proper officer this 4 T'' day of reed.AM.y ,2002. U. S. Home Corporation By: Y 'h--„ its DtV►,S1VN 5CNio2 P«6. P,2Es-►Da 1T STATE OF H rn�5 4,7'A COUNTY.OF f.,/CNNEP/./1 The foregoing instrument was acknowledged before me this 4 T' day of rc-8R--tA1251 , 2002 by X--C=E 4oNivstnAf , the NV. SR. Vt rri- P/1cs lc Div % , of U. S. Home Corporation, a Delaware corporation, on behalf of the corporation. .1Ji/ f �i"�' ; MARGARET D. DOLAN Not r b iC -r._ .. NOTARY PUBLIC-MINNESOTA y '� ' .S y HENNEPIN COUNTY ! l/e.5`" County, Minnesota �/' _: z My Commission Expires Jan.31,2005 My Commission Expires: January 31, 2005. IN WITNESS WHEREOF, said Eden Orchard Limited Partnership, a Minnesota limited partnership, has caused these presents to be signed by its proper partner this day of , 2002. Eden Orchard Limited Partnership By: ---7- -its' "',e-S/i1ENT- or- c 'G//A/a ,) r C'U121/49N Y/ /1 -7vc7 -Mernt.7f- STATE OF ovite6tk COUNTY OF T�d^foregoing instrument was acknowledged before me this 1 i day of t' 2 02 • by /`-7,'cz_ mow`/)' , the , of Eden Orchard Limited Partnership, a Minnesota limited partnership, on behalf of the partnership. • • ROBERTA A. LONER Nota ublic, • "--. NOTARY PUBLIC—MINNESOTA County, Minnesota _ Y HENNEPIN COUNTY My Comm.Expires Jan.31,2005 My Commissi n Expires: January 31.2005. II 5 1/ , Dated this g Ft day of 1 .I VAM-'-( ,2002. Harold C. Peterson, License No. 12294,State of Minnesota This Certificate of Correction to the plat of OAKPARKE ESTATES 3RD ADDITION was approved by the City of Eden Prairie, Minnesota, at a regular meeting thereof this day of , 2002. By: , Mayor By: ,Manager HENNEPIN COUNTY, MINNESOTA This Certificate of Correction has been reviewed and approved this day of , 2002. ,Hennepin County Surveyor by 6 7 CITY COUNCIL AGENDA _ DATE: February 19,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 02-5559 ITEM NO.: Engineering Services Professional Services Agreement for Mary Krause Watermain Construction Adjacent to TH212 Eugene A.Dietz Requested Action Move to: Approve informal Professional Services Agreement with HTPO, Inc. for design and construction services for a watermain construction adjacent to TH 212. Synopsis This project will extend the watermain from the property boundary of Eden Woods Senior Campus to Medcom Boulevard. This project will be funded through the Enterprise Trunk Fund. Background Information This watermain extension will complete a looped watermain system within this area, providing for better fire protection and water pressure for the area. A bituminous trail is to be constructed by the Developer of the Eden Woods Senior Campus within the same corridor as the proposed watermain. The timing of construction the watermain prior to the trail installation is recommended. Attachments HTPO,Inc. Informal Professional Services Agreement IEngineering•Surveying - ; ) Landscape Architecture I January 24,2002 Ms.Mary Krause City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re:Highway 212 watermain extension at Medcom Blvd. Dear Ms.Krause: As requested,the following estimates for civil engineering and surveying services for the above referenced project are provided for your consideration. Estimate Scope of Services $6,500.00 Preparation of construction documents and bid administration. Includes one-half day surveying time to supplement existing topographic information,permit application to watershed district,Dept. of Health,and MnDot;and preparation of easement document as required. $6,000.00 Construction administration,staking, inspection,and record drawings. $12,500.00 Total HTPO,Inc.proposes to provide these services in accordance with the attached General Conditions. Invoices will be submitted based on actual houts worked using a 2.4 multiplier times direct personnel expense. We will keep you informed of our work progress and the above fee estimates will not be exceeded without prior approval from your office. 7510 Market Place Drive Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax HANSEN THORP PELLINEN OLSON, INC. Krause/Johnson January 24,2002 Page 2 Customary reimbursable expenses (printing,courier,and other out-of-house services and documents) are passed on directly to you. We invoice our services monthly payable within 30 days. Thank you for this opportunity to provide our services. Sincerely, Hansen Thorp Pellinen Olson, Inc. Ciuruc C}. ?,-/Trzao-.._ Laurie A.Johnson,P.E. Principal LAJ:tv Enclosure Approved: City of Eden Prairie By: By: • _ CITY OF EDEN PRAIRIE GENERAL CONDITIONS • Consultant Agreement SECTION 1: PROJECT INFORMATION by Consultant's negligence. 1.1 City will provide to Consultant all known information. 2.5 City agrees to render reasonable assistance requested by regarding existing and proposed conditions of the site or which Consultant to enable performance of work without delay or affects the-work to be performed by Consultant. Such interference,and upon request of Consultant,to provide a suitable information shall include, but not be limited to site plans, workplace. surveys, known hazardous waste or conditions, previous laboratory analysis results,written reports,soil boring logs and 2.6 City will be responsible for locating and identifying all • applicable regulatory site response(Project Information). subterranean structures and utilities. Consultant will take reasonable precautions to avoid damage or injury to subterranean 1.2 City will transmit to Consultant any additions,updates,or structures and utilities identified and located by City and/or revisions to the Project Information,as it becomes available to representatives of Utility Companies. City,its subcontractors or consultants. SECTION 3: SAMPLES 1.3 City will provide an on-site representative to Consultant within 24 hours upon request, to aid, define, supervise, or 3.1 Consultant may retain at its facility selected soil, water, or coordinate work or Project Information as requested by material samples for a maximum of 30 days after completion of Consultant. the work and submission of Consultant's report,which samples shall remain the property of City. Unless otherwise directed by 1.4 Consultant will not be liable for any decision,conclusion, the City,Consultant may dispose of any samples after 30 days. recommendations, judgement or advice based on any inaccurate information furnished by City, or other 3.2 Disposal of contaminated or hazardous waste samples is the subcontractors or consultants engaged by City. responsibility of City. After said 30 days,City will be responsible to select and arrange for lawful disposal procedures that include SECTION 2: SITE LOCATION,ACCESS,PERMITS, removal of samples from Consultant's custody and transporting APPROVALS AND UTILITIES them to a disposal site. City may request, or if City does not arrange for disposal, Consultant may deliver samples to City, 2.1 City will indicate to Consultant the property lines of the freight collect,or arrange for lawful disposal and bill City at cost site and assume responsibility for accuracy of markers. plus 15%. 2.2 City will provide for right-of-way for Consultant personnel SECTION 4: FEE PAYMENT/CLAIMS and equipment necessary to perform the work. 4.1 Consultant will submit invoices to City monthly,and a final 2.3 City will be•solely responsible for applying for and invoice upon completion of work. Invoices will show charges obtaining permits and approvals necessary for Consultant to based on the current Consultant Fee Schedule or other documents perform the work. Consultant will assist City in applying for as attached. . and obtaining such permits and approvals as needed. It is ' understood that City authorizes Consultant to act as agent for 4.2 To receive any payment on this Contract,the invoice or bill City for City's responsibilities under this section including must include the following signed and dated statement: "I declare signing certain forms on City's behalf such as Right-of-Way under penalty of perjury that this account, claim, or demand is forms. • just and correct and that no part of it has been paid." • 2.4 While Consultant will take reasonable precautions to 4.3 The balance stated on the invoice shall be deemed correct minimize any damage to property,it is understood by City that unless City notifies Consultant,in writing,of the particular item in the normal course of the work some damage may occur. that is alleged to be incorrect within ten (10) days from the The correction of any damage is the responsibility of City or, invoice date. Consultant will review the alleged incorrect item at City's direction,the damage may be corrected by Consultant within ten(10)days and either submits a corrected invoice or a and billed to City at cost plus 15%. Notwithstanding the statement indicating the original amount is correct. above,Consultant agrees to be responsible for damage caused City of Eden Prairie General Conditions Consultant Agreement December 2000 Page I of 4 • 4.4 Payment is due upon receipt of invoice (or corrected to mislead others by omitting certain aspects contained in the invoice)and is past due sixty(60)days from invoice date. On report. past due accounts,City will pay a finance charge of 1.5%per month on the unpaid balance,or the maximum allowed by law, 5.5 Consultant will consider Project Information as confidential whichever is less,until invoice is fully paid. and will not disclose to third parties information that it acquires, uncovers, or generates in the course of performing the work, 4.5 If City fails to pay Consultant within sixty (60) days except as and to the extent Consultant may,in its sole discretion, following invoice date, Consultant may deem the default a deem itself required by law to disclose. • breach of its agreement, terminate the agreement, and be relieved of any and all duties under the agreement. City SECTION 6: DISPUTES/LIMITATIONS OF REMEDIES however,will not be relieved of Fee Payment responsibilities by the default or termination of the agreement. 6.1 In the event of a breach of Contract by City,the Consultant shall not be entitled to recover punitive,special or consequential 4.6 City will be solely responsible for applying for and damages or damages for loss of business. obtaining any applicable compensation fund reimbursements from various state and federal programs. Consultant may 6.2 City will pay all reasonable litigation or collection expenses assist City in applying for or meeting notification including attorney fees that Consultant incurs in collecting any requirements,however. Consultant makes no representations delinquent amount City owes under this agreement. or guarantees as to what fund reimbursement City may receive. Consultant shall not be liable for any reductions from 6.3 If City institutes a suit against Consultant,which is dismissed, reimbursement programs•made for any reason by state or dropped,or for which judgement is rendered for Consultant,City federal agencies, except as may be caused by Consultant's will pay Consultant for all costs of defense,including attorney negligence. fees,expert witness fees and court costs. 4.7 City may withhold from any final payment due the 6.4 If Consultant institutes a suit against City,which is dismissed, Consultant such amounts as are incurred or expended by the dropped,or for which judgement is rendered for City,Consultant City on account of the termination of the Contract. will pay City for all costs of defense, including attorney fees, expert witness fees and court costs. SECTION 5: OWNERSHIP OF DOCUMENTS 6.5 Dispute Resolution 5.1 •Consultant will deliver to City certain reports as instruments of the professional work or services performed 6.5.1 Mediation pursuant to this Agreement. All reports are intended solely for City,and Consultant will not be liable for any interpretations All claims, disputes and other matters in question (hereinafter made by others. "claim")between the parties to this Agreement,arising out of or relating to this Agreement or the breach thereof,shall be subject 5.2 City agrees that all reports and other work furnished to to mediation. If the parties have not resolved the dispute within City,or City's agents or representatives,which are not paid for, . thirty(30)days of receipt of a written complaint,each party may will be returned to Consultant upon demand and will not be require the dispute be submitted for mediation. If the parties are used by City for any purpose. unable to agree on a mediator within ten(10) days following a request for mediation,either party may request that a mediator be 5.3 Unless otherwise agreed, Consultant will retain all appointed by the Fourth Judicial District Court. The parties agree pertinent records or reports concerning work and services to share equally all fees incurred in the mediation. performed for a period of at least two(2)years after report is submitted. During that time the records will be made available The parties shall submit to mediation for a minimum of eight(8) to City during Consultant's normal business hours. City may hours. The parties agree that the mediation proceedings are obtain reproducible copies of all software, manuals, maps, private and confidential. If, at the end of eight hours of drawings, logs and reports at cost, plus 15%, for data and mediation,the parties have not resolved the dispute,the parties materials not being provided as part of the scope of work for may agree to extend hours of mediation. the project. 6.5.2 Arbitration 5.4 City may use the Consultant report in its entirety and may make copies of the entire report available to others. However, At the option of the party asserting the same,a claim between the City shall not make disclosure to others of any portions or parties to this Agreement, arising out of or relating to this excerpts of a report constituting less than the entire report,or Agreement or the breach thereof; whereby the party or parties City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 2 of4 L19 asserting the same claims entitlement to damages or payment 73 Although data obtained from discrete sample locations will be of less than $25,000.00 in aggregate may be decided by used to infer conditions between sample locations no guarantee arbitration in accordance with the Construction Industry may be given that the inferred conditions exist because soil, Arbitration Rules of the American Arbitration Association then surface and groundwater quality conditions between sample existing unless the parties mutually agree otherwise. In the locations may vary significantly, and because conditions at the event any person shall commence an action in any court for time of sample collection may also vary significantly with respect any claim arising out of or relating to this Agreement or the to soil,surface water and groundwater quality at any other given breach thereof or the Project or construction thereof or any time and for other reasons beyond Consultant's control. contract for such construction, the party making a claim in arbitration may dismiss such proceedings(unless the hearing 7.4 Consultant will not be responsible or liable for the on the claim has commenced)and elect to assert its claim in interpretation of its data or report by others. such action if such party could have done so but for the provisions of this Paragraph. SECTION 8: GENERAL INDEMNIFICATION The parties agree to bear equal responsibility for the fees of 8.1 Consultant will indemnify and hold City harmless from and AAA,including the arbitrator(s). Judgement upon the award against demands,damages,and expenses caused by Consultant's rendered by the arbitrator(s) may be entered in any court negligent acts and omissions, and breach of contract and those having jurisdiction thereof. negligent acts, omissions, and breaches of persons for whom Consultant is legally responsible. City will indemnify and hold In the event that arbitration services are not available from Consultant harmless from and against demands, damages, and AAA,either party may request that an arbitrator be appointed expenses caused by City's negligent acts and omissions, and by the Fourth Judicial District Court. breach of contract and those acts, omissions, and breaches of persons for whom City is legally responsible. 6.5.3 Compliance • SECTION 9: INSURANCE/WORKER'S The parties deem the dispute resolution procedure as set forth COMPENSATION herein to be an integral and essential part of this Agreement. A party's failure to comply in all respects with this procedure 9.1 Consultant represents and warrants that it has and will shall be a substantial breach of this Agreement. The maintain during the performance of this agreement Worker's arbitrator(s)shall be authorized to assess costs and attorney's Compensation Insurance coverage required pursuant to Minn. fees against a party that has failed to comply with the Stat. 176.181,subd.2 and that the Certificate of Insurance or the procedure in all respects,and,may as a condition precedent to written order of the Commissioner of Commerce permitting self arbitration,require the parties to mediate in accordance with insurance of Worker's Compensation Insurance coverage Section 6.5.1 hereof. provided to the City prior to execution of this agreement is current and in force and effect. SECTION 7: STANDARD OF CARE • 9.2 Consultant shall procure and maintain professional liability 7.1 Because no sampling program can prove the non-existence insurance for protection from claims arising out of professional or non-presence of contaminated conditions or materials services caused by any negligent act,error or omission for which throughout the "entire" site or facility, Consultant cannot Consultant is legally liable. warrant,represent,guarantee,or certify the non-existence or • non-presence, or the extent of existence or presence, of 9.3 Certificate of insurance will be provided to City upon request contaminated conditions or materials, and City's obligation under this agreement will not be contingent upon Consultant's SECTION 10: TERMINATION delivery of any warranties, representations, guarantees, or certifications. 10.1 The agreement between Consultant and City may be terminated by either party upon thirty-(30)days written notice. 7.2 Consultant's opinions,conclusions,recommendations,and report will be prepared in accordance with the proposal,scope 10.2 If the agreement is terminated prior to completion of the of work,and Limitations of Environmental Assessments and project, Consultant will receive an equitable adjustment of no warranties,representations,guarantees,or certifications will compensation. be made. Except that Consultant warrants that hardware and software will perform as represented in proposal and other parts of this agreement. Ciry of Eden Prairie Genera!Conditions Consultant Agreement December2000 Page 3 of 4 a • SECTION 11: ASSIGNMENT SECTION 17: DATA PRACTICES ACT COMPLIANCE 11.1 Neither party may assign duties,rights or interests in the 17.1 The Consultant shalt at all times abide by Minn.Stat 13.01 performance of the work without obtaining the prior written et seq.,the Minnesota Government Data Practices Act,to the consent of the other party, which consent will not be extent the Act is applicable to data and documents in the unreasonably withheld. possession of the Consultant SECTION 12: DELAYS SECTION 18: DISCREVBNATION 12.1 If Consultant is delayed in performance due to any cause In performance of this contract, the Consultant shall not beyond its reasonable control, including but not limited to discriminate on the grounds of or because of race,color,creed, strikes,riots,fires,acts of God,governmental actions,actions religion,national origin,sex,marital status,status with regards to of a third party,or actions or inactions of City,the time for public assistance,disability,sexual orientation,or age against any performance shall be extended by a period of time lost by employee of the Consultant,any subcontractor of the Consultant, reason ofthe delay. Consultant will be entitled to payment for or.any applicant for employment. The Consultant shall include a its reasonable additional charges,if any,due to the delay. similar provision in all contracts with subcontractors to this Contract The Consultant further agrees to comply will all aspects SECTION 13: EXTRA WORK of the Minnesota Human Rights Act,Minn.Stat.363.01,et seq., Title VI of the Civil Rights Act of 1964,and the Americans with 13.1 Extra work, additional compensation for same, and Disabilities Act of 1990. extension of time for completion shall be covered by written amendment to this agreement prior to proceeding with any SECTION 19: CONFLICTS extra work or related expenditures. No salaried officer or employee of the City and no member of the SECTION 14: WITHHOLDING TAXES Board of the City shall have a financial interest,direct or indirect, in this contract. The violation of this provision renders the 14.1 No final payment shall be made to the Consultant until Contract void. Any federal regulations and applicable state the Consultant has provided satisfactory evidence to the City statutes shall not be violated. that the Consultant and each of its subcontracts has complied with the provisions of Minn. Stat. 290:92 relating to SECTION 20: ENTIRE AGREEMENT withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 18.1.This Agreement contains the entire understanding between the City and Consultant and supersedes any prior written or oral SECTION 15: AUDITS . agreements between them respecting the written subject matter. There are no representations, agreements, arrangements or 15.1 The books, records, documents and accounting understandings, oral or written between City,and Consultant procedures and practices of the Consultant or other parties relating to the subject matter of this Agreement which are not relevant to this Agreement are subject to examination by the fully expressed herein. City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this 18.2 The agreement between Consultant and City may be Contract modified only by a written amendment executed by both City and Consultant. SECTION 16: PAYMENT TO SUBCONTRACTORS 18.3 This agreement is governed by the laws of the State of 16.1 The Consultant shall pay to any Subcontractor within ten Minnesota. (10)days of the Consultant's receipt of payment from the City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent (1-1/2%)per month or any part of a month to a Subcontractor on any undisputed amount not paid on time 'to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is$10.00. For an unpaid balance of less than$100.00,the Consultant shall pay the actual amount due to the Subcontractor. City of Eden Prairie General Conditions Consultant Agreement December2000 Page 4 of4 CITY COUNCIL AGENDA DATE: February 19,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: S.S.A. 01-05 ITEM NO.: Engineering Services Partial Release of Land from Special Jim Richardson Assessment Agreement for Braxton Woods 2na Eugene A. Dietz Addition U J6 Requested Action Move to: Approve the Partial Release of land from Special Assessment Agreement for Braxton Woods 2nd Addition. Synopsis In December, 2001, the City of Eden Prairie entered into a special assessment agreement with Centex Homes regarding the levying of special assessments for Subtrunk Sanitary Sewer and other utility improvements. The Subtrunk Sanitary Sewer Improvements are completed and the assessments have been paid. Background Information The Subtrunk Sanitary Sewer Improvements were completed as part of I.C. 99-5491. • Attachments Release of Land from Special Assessment Agreement PARTIAL RELEASE OF LAND. This Partial Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation("City"), as of February 19,2002. FACTS 1. A certain Agreement Regarding Special Assessments ("Agreement") dated December 20, 2001,was executed by and between the City and Centex Homes,which Agreement was filed as Document No. with the Hennepin County Recorder on January 4,2002. 2. The special assessments contemplated by the Agreement, for Subtrunk Sanitary Sewer Improvements have been paid. 3. The property affected by this partial release is described as follows: Lots 1 through 3, Block 1,Lots 1 through 5,Block 2,Braxton Woods 2nd Addition. THEREFORE,the City of Eden Prairie, a Minnesota municipal corporation,hereby releases the Property from the Subtrunk Sanitary Sewer obligations and conditions set forth in the Agreement Regarding Special Assessments dated December 20, 2001, filed as Document No. with the Hennepin County Recorder on January 4, 2002. This Partial Release of Land shall not release or discharge the Property from the lien of any special assessments levied or pending by the City other than pursuant to the Subtrunk Sanitary Sewer portion of the Agreement. IN WITNESS WHEREOF,the City of Eden Prairie has executed the foregoing instrument. CITY OF EDEN PRAIRIE A Municipal Corporation BY: BY: Nancy Tyra-Lukens Carl J. Jullie Its Mayor Its City Manager STATE OF MINNESOTA) )ss HENNEPIN COUNTY ) The foregoing instrument was acknowledged before me this day of 2002,by Nancy Tyra-Lukens and Carl J. Jullie, the Mayor and City Manager of the City of Eden .Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 CITY COUNCIL AGENDA DATE: February 19,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: S.S.A. 00-04 ITEM NO.: Engineering Services Release of Land from Special Assessment Jim Richardson Agreement for Braxton Woods Addition [f Eugene A.Dietz Requested Action Move to: Approve the Release of land from Special Assessment Agreement for Braxton • Woods Addition. Synopsis In August, 2000, the City of Eden Prairie entered into a special assessment agreement with Centex Homes regarding the levying of special assessments for Subtrunk Sanitary Improvements. The Subtrunk Sanitary Sewer Improvements were completed as,part of I.C. 99- 5491. Background Information The Braxton Woods Addition needed the construction of the Subtrunk Sanitary Sewer within the Cedar Forest neighborhood to develop their property. The construction work was completed in 2001 and the system is operational. Centex Homes assessment is derived from actual construction costs. The assessment has been paid. Attachments Release of Land from Special Assessment Agreement RELEASE OF LAND • This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation ("City"),as of February 19,2002. FACTS 1. A certain Agreement Regarding Special Assessments ("Agreement") dated August 15, 2000, was executed by and between the City and Centex Homes, which Agreement was filed as Document No.7342799 with the Hennepin County Recorder on August 23,2000. 2. The special assessments contemplated by the Agreement have been paid. 3. The "Improvement" is a Subtrunk Sanitary Sewer system consisting of a lift station forcemain and gravity sanitary sewer. 4. The property described by the Agreement is Lots 1 through 5, Block 1, Lots 1 through 12, Block 2,Lots 1 through 8,Block 3,Lots 1 through 7,Block 4,Braxton Woods. THEREFORE,the City of Eden Prairie, a Minnesota municipal corporation,hereby releases the Property from all obligations and conditions set forth in the Agreement Regarding Special Assessments dated August 15,2000, filed as Document No. 7342799 with the Hennepin County Recorder on August 23, 2000. This Release of Land shall not release or discharge the Property from the lien of any special assessments levied by the City other than pursuant to the Agreement. IN WITNESS WHEREOF,the City of Eden Prairie has executed the foregoing instrument. CITY OF EDEN PRAIRIE A Municipal Corporation BY: BY: Nancy Tyra-Lukens Carl J.Jullie Its Mayor Its City Manager STATE OF MINNESOTA) ) ss HENNEPIN COUNTY ) The foregoing instrument was acknowledged before me this day of 2002,by Nancy Tyra-Lukens and Carl J.Jullie,the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 2- CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 19,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Services Area Annual Hennepin County Recycling Grant Leslie Stovring/ Resolution Eugene Dietz ,(� Requested Action Move to: Adopt Resolution for submittal of an application for the 2001 Hennepin County Residential Recycling Funding Policy Grant. Synopsis The City of Eden Prairie submits a Residential Recycling Grant Application to Hennepin County on an annual basis. The majority of these funds are distributed to residents with individual service as a recycling rebate on their utility bills. The funding is expected to be similar to 2000 levels at$160,000 for the year. Hennepin County has requested a current Resolution in order to process the 2001 Recycling Grant. A copy of the Resolution must be on file with Hennepin County prior to distribution of the 2001 Recycling Grant funds to the City. Attachments - Proposed Resolution. CITY OF EDEN PRAIRIE H H;NNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION FOR THE 2001 HENNEPIN COUNTY MUNICIPAL SOURCE-SEPARATED RESIDENTIAL RECYCLING GRANT PROGRAM WHEREAS, pursuant to Minnesota Statute 115A.551, each county must develop and implement or require political subdivisions within the county to develop and implement programs, practices, or methods designed to meet its recycling goal; and WHEREAS, Hennepin County Ordinance 13 requires each city to implement a recycling program to enable the County to meet its recycling goals; and WHEREAS,the County has adopted a Hennepin County Residential Recycling Funding Policy for Source-Separated Recyclables to distribute funds to cities for the development and implementation of waste reduction and recycling programs from January 1,2000 through December 31,2004; and WHEREAS,to be eligible to receive these County funds, cities must meet the conditions set forth in the"funding policy." NOW,THEREFORE,BE IT RESOLVED,that the City Council authorizes the submittal of the 2001 Municipal Recycling Grant Application for the Hennepin County Residential Recycling Programs. BE IT FURTHER RESOLVED, that as a condition to receive funds under the Hennepin County Residential Recycling Funding Policy the City agrees to implement recycling programs as committed to by its submission of the 2001 Hennepin County Municipal Residential Recycling Grant Application. ADOPTED by the Eden Prairie City Council February 19,2001. Nancy Tyra-Lukens,Mayor SEAL ATTEST: Kathleen A.Porta, City Clerk CITY COUNCIL AGENDA DATE:February 19, 2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: IIi M DESCRIPTION:Resolution Supporting ITEM NO: Parks and Recreation Legislation Permitting Use of Suppressed Robert A. Lambert Director ' Weapons Requested Action Motion: Move to adopt the resolution supporting legislation permitting the use of suppressed weapons for local government approved deer management programs. Synopsis Attached is a resolution supporting legislation permitting use of suppressed weapons for local government approved deer management programs. Also, attached is a copy of the proposed legislation that would allow the use of silencers for the deer management program. BL:mdd / CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION SUPPORTING LEGISLATION PERMITTING'113 E USE OF SUPPRESSED WEAPONS FOR LOCAL GOVERNMENT APPROVED DEER MANAGEMNET PROGRAMS WHEREAS, municipal governments are responsible for the health, safety and welfare of their residents,and WHEREAS,numerous studies by the Department of Natural Resources and many municipalities have indicated that the deer population in many parts of the metropolitan area has caused vegetation damage,traffic safety issues and health concerns,and WHEREAS, the Minnesota Department of Natural Resources sets regulations and laws, and is charged with managing and protecting specific species of wildlife throughout the State of Minnesota,and WHEREAS,the Department of Natural Resources has worked closely with many municipalities in developing deer management programs that attempt to balance abundance and diversity of both plants and animals with human use, and WHEREAS,the most common method of controlling deer herd population in the metropolitan is the use of trained marksmen, and WHEREAS, the use of a sharpshooter is monitored and controlled by municipal Police Departments,and WHEREAS, the major complaint or concern for the deer management programs is the noise of gunshots in the neighborhoods,and WHEREAS, the use of suppressed weapons would eliminate that negative impact on the • neighborhood. NOW, THEREFORE, BE IT RESOLVED that the City hereby supports a revision to Minnesota State Statues 97B.03 1 that would allow the use and possession of a silencer,by a person hired by local government,solely to shoot deer pursuant to an approved deer management control plan, and the person using or possessing the silencer has a valid federal permit to do so. ADOPTED by the City Council of the City of Eden Prairie this 19th day of February 2002. Nancy Trya-Lukens,Mayor A[TEST: Kathleen Porta,City Clerk CITY COUNCIL AGENDA DATE: February 19,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM EM DESCRIPTION: Credit Card ITEM NO.: Community Development and Processing Services Financial Services VI K. Donald Uram Requested Action Move to: Approve three year Credit Card Processing contract with Wells Fargo Merchant Services for processing of credit card transactions at the three liquor stores and the community center. Background Information Request for Proposals were sent to Wells Fargo Bank, US Bank and M&I Marshall & Ilsley Bank. All three banks responded to the RFP. Wells Fargo rates were the lowest and based on references, are very reputable. . Over the past years the City has seen increased use of credit cards and therefore increased costs to the City. For the time frame of 10/1/00-9/31/01, credit card sales volume was approximately 3.9 million dollars and the processing fees was approximately$99,000. Currently the City is using US Bank, but by switching to Wells Fargo, roughly $10,000 per year could be saved. 1 • CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims February 19,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims Financial Services/Don Uram Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 107303-107653 Wire Transfers 1202-1210 Background Information Attachments City of Eden Prairie Council Check Summary 2/19/2002 Division Amount General 267,248 101 Legislative 447 102 Legal Counsel -500 111 Customer Service 5,496 112 Human Resources 2,734 113 Communication Services 2,632 114 Benefits&Training . 8,404 115 Risk Management 54,659 116 Facilities 23,020 117 City Center 938 131 Finance 3,692 132 Housing,Trans,Social Service 1,701 133 Community Development -607 135 Information Technology 86,442 136 Wireless Communication 7,126 151 Park Maintenance 4,201 153 Athletic Programs 6,855 154 Community Center 18,915 156 Youth Programs 1,437 157 Special Events 618 158 Senior Center 1,080 159 Recreation Administration 715 160 Adaptive Recreation 535 161 Oak Point Pool 114 162 Arts 1,884 163 Park Facilities 465 180 Police 33,982 181 Telecommunicators 2,182 183 Civil Defense 63 184 Fire 2,198 185 Animal Control 1,457 186 Inspections 160 200 Engineering 162 201 Street Maintenance 12,747 202 Street Lighting 51,567 203 Fleet Services 38,755 303 Cemetary Operation 3,82 312 Recycle Rebate 64 405 Park Bonds 1992A, 1993A 328,308 407 Utility Bonds Arbitrage 4,944,595 410 Improvement Bonds Pre 1990 425,460 412 Improvement Bonds 1991E 311,449 414 Improvement Bonds 1993E 116,300 415 Open Space Debt 1994 122,239 503 Utility Improvement 5,936 509 CIP Fund 48,440 601 Prairie Village Liquor 57,690 602 Den Road Liquor 99,531 603 Prairie View Liquor 73,147 701 Water Fund 50,893 702 Sewer Fund 3,220 703 Storm Drainage Fund 6,682 800 TIF 293,754 803 Escrow Fund 51,804 Report Totals 7,583,416 City of Eden Prairie Council Check Register 2/19/2002 Check# Amount Vendor Account Description Business Unit 1202 80,829 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 1203 4,726,176 WELLS FARGO BANK MINNESOTA NA Principal Utility Bonds Arbitrage 1204 794,974 US BANK TRUST NATIONAL ASSN Principal Refunding Bonds 1995E 1205 727,200 FIRSTAR TRUST COMPANY Principal Utility Bonds Arbitrage 1207 29,849 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1208 13,171 MINNESOTA DEPT OF REVENUE Deferred Compensation General Fund 1209 7,310 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1210 1,118 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 107303 810 ADOLPHSON&PETERSON Deposits Escrow 107304 475 APWA Conference Expense In Service Training 107305 25 ATOM Dues&Subscriptions Police 107306 484 BERGSTROM,JIM Clothing&Uniforms Police 107307 408 BFI WASTE SYSTEMS OF NORTH AME Deposits Escrow 107308 280 BLOOMINGTON,CITY OF Kennel Services Animal Control 107309 284 BOSACKER,MIKE Clothing&Uniforms Police 107310 30 BROWN,SHELLY Events/Admission Fee Adaptive Recreation 107311 276 CONSTRUCTION 70 INC Deposits Escrow 107312 700 CORDER,DEAN R. Clothing&Uniforms Police 107313 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance Information Technology 107314 30 DEPT OF LABOR&INDUSTRY Licenses&Taxes City Center Operations 107315 35 FMAM Dues&Subscriptions Inspections-Administration 107316 416 FRANA&SONS Deposits Escrow 107317 255 GRANT,ROBERT R. Video&Photo Supplies Fire 107318 500 HARRISS ARCHITECTS INC Deposits Escrow 107319 72 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 107320 293,754 HENNEPIN COUNTY TREASURER TIF Revenue EP Shopping Center 107321 1,132 HENNEPIN COUNTY TREASURER-GE Board of Prisoner Police 107322 60 HOAG,JODI Conference Expense In Service Training 107323 30 JOHNSON,SAM Events/Admission Fee Adaptive Recreation 107324 30 KLOECKNER,LINDA Events/Admission Fee Adaptive Recreation 107325 142 KRESS,CARLA Mileage&Parking Adaptive Recreation *107326 100 LAKE SUPERIOR COLLEGE Conference Expense In Service Training 107327 248 LAN-DE-CON Deposits Escrow 107328 119 LINDGREN,JIM Clothing&Uniforms Police 107329 9,254 MASSMUTUAL LIFE INSURANCE CO. Building Rental Prairie View Liquor Store 107330 31 MENARDS Operating Supplies Community Center Admin 107331 124 MILLS FLEET FARM Operating Supplies Fitness Classes 107332 864 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance Information Technology 107333 649 MINNESOTA VIKINGS FOOD SERVICE Miscellaneous General Facilities r 107334 18 MN/SCIA Dues&Subscriptions Police 107335 1,084 MOEN LEUR CONSTRUCTION Deposits Escrow 107336 20 MPPOA Dues&Subscriptions Police 107337 100 MSSA Dues&Subscriptions In Service Training 107338 25 NATIONAL RECREATION AND PARKA Dues&Subscriptions In Service Training 107339 25 NORTHWESTERN COLLEGE CAREER DE Conference Expense In Service Training 107340 109 PAIN ENTERPRISES INC. Chemicals Pool Maintenance 107341 25 PHILLIPS PONDER COMPANY Software Information Technology 107342 576 PREMIER SERVICES Deposits Escrow 107343 457 REBS MARKETING Other Contracted Services Water Accounting 107344 480 REDSTONE AMERICAN GRILL INC Deposits Escrow 107345 447 RICHARDSON,JIM Other Contracted Services City Council 107346 501 ROHDE,ANDREW Clothing&Uniforms Police 107347 64 SHAREITI INC Software Information Technology 107348 85 STEPHENS,SHARON Program Fee Outdoor Center 107349 159 STONEBURG,BRYAN AR Utility Water Enterprise Fund 107350 54 STROHKIRCH,NICOLE Mileage&Parking Adaptive Recreation 107351 153 URAM,DONALD Licenses&Taxes Finance 107352 11 WAGNER,TAIHA Lessons&Classes Oak Point Lessons 107353 295 WATSON FORSBERG Deposits Escrow 107354 1,730 WEIS BUILDERS INC Cash Over/Short General Fund 107355 96,520 XCEL ENERGY Electric Street Lighting 107356 798 ALL SAINTS BRANDS DISTRIBUTING Beer Prairie Village Liquor Store 107357 126 AMERIPRIDE LINEN&APPAREL SER Repair&Maint Supplies Den Road Liquor Store 107358 2,970 BELLBOY CORPORATION Liquor Den Road Liquor Store 107359 92 COMMANDEUR LLC Wine Imported Den Road Liquor Store City of Eden Prairie Council Check Register 2/19/2002 Check# Amount Vendor Account Description Business Unit 107360 3,752 DAY DISTRIBUTING Beer Den Road Liquor Store 107361 4,959 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store 107362 10,139 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 107363 128 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 107364 434 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 107365 406 GRAND PERE WINES INC Wine Domestic Den Road Liquor Store 107366 5,699 GRIGGS COOPER&CO Liquor Den Road Liquor Store 107368 29,655 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 107369 1,824 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 107370 2,850 MARK Vil Beer Den Road Liquor Store 107371 759 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 107372 257 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 107373 36 NORTH STAR ICE Misc Non-Taxable Den Road Liquor Store 107374 822 PEPSI COLA COMPANY Merchandise for Resale Concessions 107375 9,535 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store 107376 97 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store 107377 3,288 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 107378 13,398 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store 107379 15,777 THORPE DISTRIBUTING Beer Den Road Liquor Store 107380 815 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store 107381 1,531 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 107382 1,380 WORLD CLASS WINES INC Wine Domestic Prairie View Liquor Store 107383 200 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 107384 80 CONLON,RICHARD Program Fee Cummins House Special Events 107385 827 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 107386 150 GOODENOUGH,JUDITH Youth Resident Community Center Admin 107387 1,260 HENDERSON,JOSH Other Contracted Services Open Gym 107388 820 HOLMES,JOHN CARTER Other Contracted Services Basketball 107389 980 HOLMES,TOM Other Contracted Services ' Volleyball 107390 80 JOHNSON, KEN Program Fee Cummins House Special Events 107391 6,039 KMC TELECOM HOLDINGS INC. Telephone Telephone 107392 32 KORMAN,GERALDINE Lessons&Classes Oak Point Lessons 107393 80 LANGENFELD,PAUL Program Fee Cummins House Special Events 107394 10 NEIDERHISER,KIT Program Fee Senior Center Program 107395 20 PLYMOUTH,CITY OF Conference Expense In Service Training 107396 98 PROTECTION ONE Other Contracted Services Cummins Grill 107397 10,655 SOUTHWEST METRO TRANSIT Deposits Escrow 107398 42 STAR TRIBUNE Misc Non-Taxable Prairie View Liquor Store 107399 25 TWIN CITIES ARMA Conference Expense In Service Training 107400 232 UNITED RENTALS HIGHWAY TECHNOL Conference Expense In Service Training 107401 ' 450 UNIVERSITY OF MINNESOTA Conference Expense In Service Training 107402 250 HARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 107403 85 AMERICAN BUILDING CONTRACTORS Building Permits General Fund 107404 784 ANCHOR PAPER COMPANY Office Supplies Police 107405 33 BLAHNIK,MICHELE Program Fee Winter Skill Development 107406 232 BLOOMINGTON PARK TAVERN&GRIL Conference Expense Water Utility-General 107407 32 CHAU,PATTI Program Fee Senior Center Program 107408 185 CRACAUER,CLIFF Mileage&Parking Fleet Services 107409 149 DELEGARD TOOL CO Small Tools Fleet Services 107410 4,118 EF JOHNSON Capital Under$2,000 Wireless Communication 107411 51 HANSEN,MARLYS Program Fee Adult Program 107412 84 HOPKINS COMMUNITY EDUCATION Miscellaneous Youth Programs Administration 107413 193 HUFFMAN,JIM Other Contracted Services Animal Control 107414 32 KNUTSON,CAROLYN Program Fee Senior Center Program 107415 32 LUNDGREN,AUDREY Program Fee Senior Center Program 107416 51 MARTIN,PATRICIA Program Fee Adult Program 107417 225 MEDICINE LAKE TOURS Special Event Fees Adult Program 107418 7 MENARDS Repair&Maint.Supplies Park Maintenance 107419 2,725 MINNESOTA VIKINGS FOOD SERVICE Employee Award Human Resources 107420 60 PECK,HAROLD Program Fee Special Events&Trips 107421 28,000 RESIDENCE INN EDEN PRAIRIE AR Utility Water Enterprise Fund 107422 25 SOCIAL SECURITY ADMINISTRATION Other Contracted Services Finance 107423 32 TORNOE,JACKIE Program Fee Senior Center Program 107424 200 UNIVERSITY OF MINNESOTA Conference Expense In Service Training 107425 2,880 UNIVERSITY OF MINNESOTA Conference Expense In Service Training 11 City of Eden Prairie Council Check Register 2/19/2002 Check# Amount Vendor Account Description Business Unit 107426 451 UNLIMITED SUPPLIES INC Small Tools Park Maintenance 107427 880 WISSOTA SUPPLY COMPANY INC Other Contracted Services Police City Center 107428 70 WRIGHT,IRENE Miscellaneous Golden Triange Study 107429 1,414 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 107430 350 FAHEY,LARRY Other Contracted Services Winter Wonderland 107431 137,808 MEDICA CHOICE Medical Bills Prepaid General Fund 107432 225 MINN NCPERS GROUP LIFE INSURAN Life Insurance Employees General Fund 107433 50 MINNESOTA BOARD OF ELECTRICITY Merchandise for Resale Inspections-Administration 107434 2,146 ARCH PAGING Pager&Cell Phone Wireless Communication 107435 1,300 BCA/TRAINING&DEVELOPMENT Tuition Reimbursement/School Police 107436 25 BOARD OF WATER&SOIL RESOURCE Conference Expense In Service Training 107437 995 COMPU MASTER Conference Expense In Service Training 107438 72 DEGREE,BETH Mileage&Parking Oak Point Operations 107439 1,093 G&K SERVICES DIRECT PURCHASE Clothing&Uniforms Maintenance 107440 90 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow 107441 364 GLENWOOD INGLEWOOD Operating Supplies Fitness Center 107442 57 GREGOIRE,CAROL Deposits Escrow 107443 50 INTERNATIONAL ASSOCIATION OF A Dues&Subscriptions Inspections-Administration 107444 199 IOS CAPITAL Other Rentals Fire 107445 293 JONASON,MARVIN Operating Supplies Winter Theatre 107446 545 LAW ENFORCEMENT OPPORTUNITIES Tuition Reimbursement/School Police 107447 216 MINNEAPOLIS COMMODORES CHORUS Special Event Fees Senior Center Program 107448 25 MINNESOTA CHAPTER IAAI-J SCHAD Dues&Subscriptions Inspections-Administration 107449 35 MINNESOTA PARK SUPERVISORS ASS Conference Expense In Service Training 107450 5,500 MINNESOTA WATER QUALITY PARTNE Other Contracted Services Storm Drainage 107451 25 NATIA Dues&Subscriptions Police 107452 50 NORMANDALE COMMUNITY COLLEGE Conference Expense In Service Training 107453 229 PETTY CASH Conference Expense In Service Training 107454 169 PETTY CASH-POLICE DEPT Travel Expense Police 107455 92 PLEAA Tuition Reimbursement/School Police 107456 480 PLYMOUTH,CITY OF Conference Expense In Service Training 107457 10 PRECISION CLEANING Cash Over/Short General Fund 107458 410 RADISSON HOTEL ST.CLOUD Travel Expense Police 107459 520 RATEIKE,MARILYN JANE Other Contracted Services Art&Music 107460 10 RODGERS&HAMMERSTEIN ANNEX,T Operating Supplies Arts 107461 64 STOVRING,LESLIE Operating Supplies Recycle Rebate 107462 20 TOLL GAS AND WELDING SUPPLY Operating Supplies Park Maintenance 107463 40 TRAPP,SUZANNE Instructor Service Outdoor Center 107464 60 TRI-COUNTY LAW ENFORCEMENT ASS Dues&Subscriptions Police 107465 386 VERIZON DIRECTORIES CORP Advertising Den Road Liquor Store 107466 62 WERTS,SANDY Mileage&Parking Senior Center Administration 107467 27,500 GOLDEN TRIANGLE TMA Deposits Escrow Fund 107468 1,045 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 107469 19 CARLSON,PAUL Licenses&Taxes Water Utility-General 107470 220 INTERNAL REVENUE SERVICE Federal Taxes Withheld General Fund 107471 141 MERLINS ACE HARDWARE Operating Supplies Traffic Signs 107472 491 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 107473 69 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 107474 2,878 BELLBOY CORPORATION Liquor Den Road Liquor Store 107475 4,935 DAY DISTRIBUTING Beer Den Road Liquor Store 107476 3,399 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 107477 8,040 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 107478 160 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 107479 104 GRAND PERE WINES INC Wine Domestic Den Road Liquor Store 107480 2,241 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 107481 14,592 GRIGGS COOPER&CO Liquor Den Road Liquor Store 107483 16,956 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 107484 1,588 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 107485 9,683 MARK VII Beer Den Road Liquor Store 107486 127 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 107487 203 NORTH STAR ICE Misc Non-Taxable Prairie Village Liquor Store 107488 4,056 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 107489 911 PEPSI COLA COMPANY Merchandise for Resale Concessions 107490 6,728 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 107491 769 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store C City of Eden Prairie Council Check Register 2/19/2002 Check# Amount Vendor Account Description Business Unit 107492 1,588 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 107493 7,350 QUALITY WINE&SPIRITS CO Liquor Prairie Village Liquor Store 107494 6,676 THORPE DISTRIBUTING Beer Den Road Liquor Store 107495 2,446 VINTAGE ONE WINES INC Wine Domestic Prairie View Liquor Store 107496 572 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 107497 1,561 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 107498 90 BAGELMAN'S NEW YORK BAKERY Miscellaneous General Facilities 107499 134 BAKERS'RIBS Miscellaneous General Facilities 107500 183 BARLI,ROBERT Clothing&Uniforms Police 107501 40 BOLD,PAULINE Instructor Service Outdoor Center 107503 2,393 GENUINE PARTS COMPANY Equipment Parts Fleet Services 107504 14 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 107505 88 LIMBERG,KRISTY Operating Supplies Winter Theatre 107506 59 LINDGREN,JIM Clothing&Uniforms Police 107507 170 MINNESOTA CHAPTER IAAI-J SCHAD Conference Expense In Service Training 107508 495 MITCHELL,JULIE Other Contracted Services Police 107509 30 NASRO Dues&Subscriptions Police 107510 300 OCEL,JILL Instructor Service Outdoor Center 107511 100 PETTY CASH-TRIA MANN Operating Supplies Winter Theatre 107512 20 QUICKSILVER EXPRESS COURIER Postage General • 107513 1,950 UNIVERSITY OF MINNESOTA Conference Expense In Service Training 107514 211 WELLNESS REPRODUCTIONS&PUBLI Operating Supplies Therapeutic Recreation 107515 115 A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance 107516 180 AFFILIATED EMERGENCY VETERINAR Other Contracted Services Animal Control 107517 2,107 AIA-PAYMENT PROCESSING DEPT 53 Clothing&Uniforms Den Road Liquor Store 107518 134 AIM ELECTRONICS Equipment Repair&Maint Ice Arena 107519 3,222 ANCHOR PRINTING COMPANY Printing Communication Services 107520 500 ANDERBERG,CRAIG W. Other Contracted Services Basketball 107521 1,101 ASPEN EQUIPMENT CO. Capital Under$2,000 Fleet Services 107522 400 ASSOCIATION OF TRAINING OFFICE Tuition Reimbursement/School Police 107523 415 BARTOS PRODUCTS Capital Under$2,000 Fleet Services 107524 1,839 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 107525 655 BECKER ARENA PRODUCTS INC Equipment Repair&Maint Ice Arena 107526 2,074 BILL CLARK OIL CO INC Lubricants&Additives Fleet Services 107527 34 BLACK BOX CORPORATION Equipment Repair&Maint Wireless Communication 107528 141 CAPITOL COMMUNICATIONS Equipment Repair&Maint Wireless Communication 107529 40 CARLSON TRACTOR AND EQUIPMENT Equipment Parts Fleet Services 107530 1,699 CATCO CLUTCH&TRANSMISSION SE Equipment Parts Fleet Services 107531 595 CDW GOVERNMENT INC. Capital Under$2,000 Fleet Services 107532 7,861 CENTRAIRE INC Equipment Repair&Maint Public Works/Parks 107533 321 CHANHASSEN BUMPER TO BUMPER Equipment Parts Fleet Services 107534 108 CLASS SOFTWARE SOLUTIONS Office Supplies Community Center Admin 107535 8,580 CLOSED CIRCUIT SPECIALISTS INC Other Assets Capital Impr./Maint.Fund 107536 2,708 COMARK GOVT&EDUCATION SALES Other Hardware Information Technology 107537 310 CONNEY SAFETY PRODUCTS Safety Supplies Fleet Services 107538 303 COPY EQUIPMENT INC Building Capital Impr./Maint.Fund 107539 4,682 CORPORATE EXPRESS Office Supplies Police 107540 3,804 CY'S UNIFORMS Clothing&Uniforms Police 107541 24 DALCO Cleaning Supplies Maintenance 107542 18,296 DELL MARKETING L.P. Computers Information Technology 107543 375 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary 107544 260 DIGITAL INTELLIGENCE INC Other Hardware Information Technology 107545 520 DILLEY,TODD Other Contracted Services Basketball 107546 787 DNR SCREEN PRINTING INC. Awards Broomball 107547 60 DRISKILLS NEW MARKET Merchandise for Resale Concessions 107548 1,288 EARL F ANDERSEN INC Signs Traffic Signs 107549 339 ECOLAB INC Building Repair&Maint. Public Works/Parks 107550 38,867 ELECTRICAL INSTALLATION&MAIN Improvement Contracts Capital Impr./Maint.Fund 107551 2,005 ENCASE GUIDANCE SOFTWARE INC Software Information Technology 107552 437 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Services 107553 1,155 EUREKA CONSTRUCTION Improvement Contracts Storm Drainage Projects 107554 696 FACILITY SYSTEMS INC Capital Under$2,000 Capital Impr./Maint Fund 107555 1,701 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing,Trans,&Human Sery 107556 2,130 FASTSIGNS Operating Supplies Prairie Village Liquor Store 107557 252 FERRELLGAS Motor Fuels Ice Arena City of Eden Prairie Council Check Register 2/19/2002 Check# Amount Vendor Account Description Business Unit 107558 101 FIRE INSTRUCTORS ASSOCIATION 0 Tuition Reimbursement/School Fire 107559 33 G&K SERVICES DIRECT PURCHASE Clothing&Uniforms Park Maintenance 107560 191 G&KSERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 107561 80 GEBO,BOB Other Contracted Services Volleyball 107562 43 GINA MARIAS INC Deposits Escrow 107563 442 HANSEN THORP PELLINEN OLSON Design&Engineering Utility Improvement Fund 107564 72 HARMON AUTOGLASS Repair&Maint.Supplies Park Maintenance 107565 12,376 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 107566 818 HEAD LITES CORPORATION Safety Supplies Fleet Services 107567 151 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 107568 16 HIRSHFIELD'S Repair&Maint.Supplies Police City Center 107569 280 HOLMES,DAVE Other Contracted Services Basketball 107570 240 HOLMES,TOM Other Contracted Services Volleyball 107571 301 INTERSTATE COMPANIES INC Equipment Parts Fleet Services 107572 2,498 JANEX INC Cleaning Supplies General Facilities 107573 3,500 KERN DEWENTER VIERE LTD. Audit&Financial Finance 107574 291 KETCH ALL COMPANY Operating Supplies Animal Control 107575 625 KNUDTSON,STEVE Other Contracted Services Broomball 107576 107 KRAEMERS HARDWARE INC Small Tools General Facilities 107577 6,441 KUSTOM SIGNALS INC Other Assets Police 107578 163 LAB SAFETY SUPPLY INC Operating Supplies Fire Station#1 107579 3,292 LAKE COUNTRY DOOR Equipment Repair&Maint Fire Station#1 107580 816 LAKELAND FORD TRUCK SALES Equipment Parts Fleet Services 107581 2,182 LANDS END CORPORATE SALES Clothing&Uniforms Telecommunicators 107582 76 LANO EQUIPMENT INC Equipment Parts Fleet Services 107583 713 LASER GRAPHICS Operating Supplies Recreation Administration 107584 58,330 LEAGUE MN CITIES INS TRUST Insurance Risk Management 107585 140 LEROY JOB TRUCKING Other Contracted Services Animal Control 107586 21,384 LOGIS LOGIS Information Technology 107587 6 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 107588 299 MARKS CERTICARE AMOCO Equipment Repair&Maint Fleet Services 107589 490 MASTER CRAFT LABELS INC Operating Supplies Police 107590 39,762 MASYS CORPORATION Software Maintenance Information Technology 107591 1,688 MAXIMUM SOLUTIONS INC Software Maintenance Information Technology 107592 209 MENARDS Operating Supplies Park Maintenance 107593 110 METRO SALES INCORPORATED* Equipment Repair&Maint General 107594 526 METROPOLITAN FORD Equipment Repair&Maint Fleet Services 107595 111 MINN ST ADMIN ITG TELECOM SERV Software Maintenance Information Technology 107596 54 MINNESOTA CONWAY Other Contracted Services Fire 107597 1,369 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 107598 185 MINNESOTA VIKINGS FOOD SERVICE Deposits Escrow 107599 260 MINNESOTA WANNER COMPANY Repair&Maint.Supplies Park Maintenance 107600 225 MINT CONDITION DETAILING Equipment Repair&Maint Fleet Services 107601 4,786 MORTON SALT Salt Snow&Ice Control 107602 677 NEW TECHNOLOGIES INC Software Information Technology 107603 100 NORTH MEMORIAL HEALTH CARE Tuition Reimbursement/School Police 107604 228 OLSEN COMPANIES Equipment Parts Fleet Services 107605 944 OSI BATTERIES INC Operating Supplies Police 107606 96 PAGING&WIRELESS SERVICE CENT Equipment Repair&Maint Wireless Communication 107607 26 PAPER DIRECT INC Office Supplies General 107608 320 PETERSEN,TAMARA Other Contracted Services Volleyball 107609 50 PETSMART Canine Supplies Police 107610 87 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. Police City Center 107611 48 PRAIRIE LAWN AND GARDEN Operating Supplies Street Maintenance 107612 176 PRINTERS SERVICE INC Equipment Repair&Maint Ice Arena 107613 345 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 107614 600 RAY,DAVID M. Other Contracted Services Basketball 107615 552 RAY,LEE Other Contracted Services Basketball 107616 658 RETROFIT RECYCLING INC Waste Disposal General Facilities 107617 17 RITZ CAMERA Video&Photo Supplies Police 107618 64 ROCKWOOD CORPORATION,THE Training Supplies Police 107619 420 ROTH,BRAD Other Contracted Services Softball 107620 1,245 RUFFRIDGE JOHNSON EQUIPMENT CO Equipment Parts Fleet Services 107621 1,146 SAFETY TODAY Clothing&Uniforms Police 107622 209 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance City of Eden Prairie Council Check Register 2/19/2002 Check# Amount Vendor Account Description Business Unit 107623 100 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services 107624 1,374 SE-ME INC Video&Photo Supplies Police 107625 504 SHIRTS PLUS Clothing&Uniforms Police 107626 344 SIMPLEX TIME RECORDER CO Equipment Repair&Maint Maintenance 107627 3,089 SNAP-ON INDUSTRIAL Other Assets Fleet Services 107628 1,214 SNAP-ON TOOLS Small Tools Fleet Services 107629 185 SPORTS WORLD USA INC Equipment Repair&Maint Ice Arena 107630 309 SPRI PRODUCTS INC Operating Supplies Fitness Classes 107631 13 STANDARD REGISTER Operating Supplies Finance 107633 6,789 STREICHERS Clothing&Uniforms Police 107634 558 SUBURBAN CHEVROLET GEO Equipment Parts Fleet Services 107635 1,152 SUBURBAN TIRE&AUTO SERVICE I Tires Fleet Services 107636 125 SWEDLUNDS Waste Disposal Outdoor Center 107637 191 TEN FOUR COMMUNICATIONS Equipment Repair&Maint Wireless Communication 107638 .356 TESSCO Operating Supplies Wireless Communication 107639 322 THYSSENKRUPP ELEVATOR Equipment Repair&Maint Maintenance 107640 5,675 TKDA Design&Engineering Utility Improvement Fund 107641 8 TRANS UNION CORPORATION Other Contracted Services Police 107642 1,970 TRENCHERSPLUS Other Rentals Street Maintenance 107643 78 TWIN CITY OXYGEN CO Lubricants&Additives Fleet Services 107644 738 UNIFORMS UNLIMITED Clothing&Uniforms Animal Control 107645 987 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 107646 1,362 US CAVALRY Clothing&Uniforms Police 107647 1,664 US POSTMASTER-HOPKINS Postage Water Accounting 107648 1,419 WATSON CO INC,THE Merchandise for Resale Concessions 107649 1,102 WENCKASSOCIATES INC Land Capital Impr./Maint.Fund 107650 613 WEST WELD Small Tools Fleet Services 107651 375 WIERSMA,LUKE Other Contracted Services Basketball 107652 1,709 WM MUELLER AND SONS INC Sand Snow&Ice Control • 107653 1,015 ZEP MANUFACTURING CO Lubricants&Additives Fleet Services 7,583,416 Grand Total CITY COUNCIL AGENDA DATE: February 19,2002 SECTION: Petitions,Requests and Communications SERVICE AREA/DIVISION: ITEM DESCRIPTION: LC.51-348 ITEM NO.: Public Works Servic- , Resolution of Support for TH 212 Funding Eugene A.Dietz .11 Requested Action Move to: Adopt resolution requesting State Legislative action in 2002 to approve construction funding for new TH 212 in 2004. Synopsis Councilmember Jan Mosman is a board member for the Southwest Corridor Transportation Coalition (SWCTC) and will present the attached resolution and review the strategy of the SWCTC to seek an advance in fundingfor-TH 212 from 201-10-200.4..- Background Information The first three phases of new TH 212 have been successfully completed from I-494 to CSAH 4 (Eden Prairie Road). Unfortunately,the current funding picture for extending the new alignment into Carver County does not allocate construction money until 2011. A federal grant has been secured,which MnDOT will match in order that design plans for the project can be developed to enough detail to allow a "design-build" project to commence in 2004 — if construction money can be secured. Councilmember Mosman will review the strategies that the SWCTC will be using to secure advanced funding for construction as well as the letter of support from Chamber Chair Joe Stoebner(attached). Attachments Draft letter from Joe M. Stoebner, Chairman 1 CITY OF EDEN PRAIRIE - HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. Resolution of Legislative Priority: State Legislative Action in 2002 To Approve Funding to Advance Construction of New Trunk Highway 212 in the Southwest Metro area WHEREAS, state Trunk Highway 212 is a critical transportation corridor serving the economic interests of Southwest Minnesota from the Twin Cities to the South Dakota border,and WHEREAS,the United States Congress has designated TH 212 as part of the National Highway System and the Minnesota Department of Transportation has officially identified TH 212 as a critical"inter-regional corridor" in the state,and WHEREAS,reconstruction of TH 212 to a four-lane state highway from the Twin Cities to the South Dakota border has long been recognized as one of the top transportation and economic priorities for Southwest Minnesota, and WHEREAS, construction of New Highway 212 in the counties of Hennepin and Carver (CR 147 to CSAH 4) represents a critical component in improving transportation service throughout Southwest Minnesota, and WHEREAS, the project to construct New Highway 212 has received all necessary federal, state, local government,community and environmental approvals and is ready to go to design and construction,and WHEREAS,the Minnesota Department of Transportation has designated the project to construct New Highway 212 as the state's top highway expansion project and the first to receive necessary state funding when such funding is available,and WHEREAS, due to insufficient state highway funding, construction of New Highway 212 is currently scheduled to begin in 2011, which is a schedule considered unacceptable by this Council and the citizens it represents,and WHEREAS,the start of construction of New Highway 212 could be advanced from 2011 to 2004 with approval of sufficient state funding during the 2002 legislative session by the Minnesota Legislature and Governor. NOW,THEREFORE,BE IT RESOLVED,the Eden Prairie City Council has established as its top legislative investment priority for 2002 the approval by the Minnesota Legislature and Governor of sufficient additional state transportation funding to advance the start of construction of New Highway 212 from 2011 to 2004. ADOPTED by the Eden Prairie City Council on February 19,2002. Nancy Tyra-Lukins,Mayor ATTEST SEAL Kathleen A_Porta,City Clerk January 28, 2002 Senators xmxmx Representatives xmxmx 115 State Office Building St. Paul, MN 55155 Dear xmxmx, The Eden Prairie Chamber of Commerce has identified transportation as a top priority issue for 2002. As a member of the Minnesota Business Transportation Coalition, we agree that Minnesota's transportation network plays an integral role in maintaining the State's competitive economic status. The ability to move goods, services and people with adequate infrastructure is essential in order for businesses to grow. The State of Minnesota, in recognizing this need, must identify new.investment sources in transportation infrastructure to address infrastructure and capacity improvements, for now and into the future. The Eden Prairie Chamber of Commerce encourages the 2002 Legislature to develop a 10-year Specific Transportation Improvement Plan to resolve the critical highway transportation needs, specifically in the Twin Cities Metro area. We can no longer accept a"band-aid" approach to the needs, only to realize that the"fix-it-later" mentality becomes too costly and time-consuming. We recognize that this effort must rely on a non-partisan, creative, out-of-the-box thinking approach by the Minnesota Legislature. In this process, the Eden Prairie Chamber of Commerce stands ready to provide any assistance we can to determine a meaningful long-term solution to such a critical issue as transportation funding. Exploring options for funding such as state and federal funding increases, user fees, and specific regional sales and/or gas tax increase focused on Twin Cities Metro Area roadway projects should all be reviewed as potential solutions. We appreciate your priority and consideration given to this matter during the 2002 Legislative Session. We would appreciate any way we can participate in the process. Sincerely, Joe M. Stoebner, Chairman Board of Directors CITY COUNCIL AGENDA DATE: SECTION: Petitions,Requests and Communications February 19,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Safety Services Hearing Regarding Issuance of a Private Kennel Chief Jim Clark License X.B. Dennis Paulson, C.O.P. Requested Action: Motion: Deny the Dreyling's appeal and grant the private kennel license to the Asfeld's as per staff recommendation. Synopsis: The Asfeld family has applied for a private kennel license. The Dreyling's are the only neighbors that have appealed the private kennel license. The Right to Administrative Appeal is established by City Code Section 2.80. Background Information: The Asfeld's•currently have three dogs and when they became aware of the license requirements they came in to apply. (A private kennel license is required for three or more dogs and or cats, but no more than five.) City Code requires the notification to the neighbors by the applicant of the request for a private kennel license. Of the five neighbors notified,the Dreyling's were the only ones that objected to the license request. City staff has addressed the concerns with the Dreyling's,but not to their• satisfaction. The Staff did not find just cause for denying the license request. Attachments: Letter from Sergeant Dennis Paulson dated February 7,2002 Fax from Gary&Lindsey Dreyling,dated February 14,2002 02/14/2002 16:43 FAX 6126670721 WELLS FARGO EQUIP_ 1J005/O06 _ 3 Tfic City of 0 Eden Prairie !Eu6Ctc Safety Services 8080 Mitchell Road•Eden Prairie,MN 55344-2229•edenprairie.org-952-949-6200-TDD 952-949-8399 February•7, 2002 Mr. and Mrs.Dreyling 6218 Chatham Way Eden Prairie,MN 55346 Dear Mr. and Mrs.Dreyling: I am writing to you on behalf of the City of Eden Prairie regarding the Private Kennel License application made by Desiree Asfeld, resident at 6284 Chatham Way. A private kennel license must be applied for if an Eden Prairie resident has more than two dogs and/or cats but not more than five dogs and/or cats. Mrs. Asfeld is making application to keep three dogs. As part of the required application process, the applicant must obtain signatures from neighbors acknowledging the fact that a private kennel License is being applied for. The acknowledgment simply states, "I acknowledge that I have been infornied by the above applicant of their intention to obtain a kennel license and that I may contact the City with any comments regarding this application." Upon being served this notice by Mrs.Asfeld, you and your wife stated that you would not sign the acknowledgment; however, you did contact City staff to voice your concerns regarding the issuance of a private kennel license to Mrs. Asfeld. You stated the following concerns: 1. You are concerned that there may be potential problems when going to sell your house. You are concerned that your property value will decrease because of the dogs and kennel license. 2. You are concerned about barking. You are concerned that with the issuance of a kennel license,barking will continue to be a problem. 3. You are concerned that there is not a fence at the Asfeld's. You are concerned about dogs being at large. 4. You are concerned about different dogs coming and going from the Asfeld's home. 5. You are concerned because you have a daughter that is afraid of dogs. City staff has found the following: 1: At this time, we have no data to support your concern of your property value decreasing because of a private kennel located near you. 02/14/2002 16.43 FAX 6126670721 WELLS FARGO EQUIP. EE006/006 2. Thera have been two complaints of a barking dog at 6284 Chatham Way; both occurred in 1997. One incident was unfounded. The other, the homeowner was advised. There have been.no other noise or nuisance calls to this home. 3. There is a working invisible fence. The Asfeld's dogs.are indoor dogs. There was a complaint in 1998 regarding a dog at large. It was a stray dog that the Asfeld's found in their neighborhood and turned over to animal control for impoundment. 4. Mrs. Asfeld works with an animal shelter and in the past has brought home dogs that needed short term housing until an owner was found for the animal. We were advised that Mrs. Asfeld will no longer be helping with that program. The Asfeld's have friends in the area that occasionally bring their dogs with when they come to visit. 5. The Asfeld's dogs are kept indoors. The dogs are of the smaller type. When they are outside on their property, they stay within the boundary of the invisible fence. A City license is only valid until December 31 of each year. If a licensee chooses to reapply for a license prior to expiration,the application is re-evaluated and upon approval a license granted. Eased on.the above information, City staff has found no cause to deny the issuance of the kennel license to the Asfeld's. City staff will be recommending to the City Council that the kennel license be issued to Mrs. Asfeld. The application for the license will be placed on the consent calendar for the Eden Prairie City Council meeting scheduled for Tuesday, February 19, 2002. Enclosed is a copy of City Code, Section 2.80, which details the'appeal process available to you if you do not agree with this recommendation to the City Council. If you have any questions,you may contact me at (952) 949-6200. Sincerely, L 4 Sergeant Dennis Paulson Enclosure cc Desiree Asfeld 02/14/2002 16:43 FAX 6126670721 WELLS FARGO EQUIP. Ij002/006 Gary &Lindsey Dreyling 6268 Chatham Way Eden Prairie,N N 55346 February 14,2002 The City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344-2229 Attn: Office of the Mayor and City Manager RE: Kennel License Application of Desiree Asfeld Sirs: • I am writing to you to voice disagreement with the City Counsel granting the above Kennel License Application due to a number concerns voiced to Sgt. Dennis Paulson of the Eden Prairie Public Safety Services. Our concerns are summarized in the attached letter dated February 7, 2002 from Sgt. Dennis Paulson of the Eden Prairie Public Safety Services. In this letter Sgt. Paulson has attempted to both restate my concerns and comment on the findings of City Staff. Please let me restate my concerns and Sgt. Paulson's findings. Concern#1 A kennel operating next door may depress the value of our home and lead to problems and/or delays in selling our property. City Staff Findings No data is available to support this concern. Additional Comment: It is obvious conclusion no data is available because it is highly unusual occurrence for kennels to be operating in a close neighborhood setting. Common sense tales in this instance. The daily presence of several dogs next door in an unfenced yard will have a negative affect, Two separate realtors recently concurred that such a kennel will be a. definite concern for many homebuyers and would affect value if buyers were aware of a licensed kennel next door. Jerry Elliott —Coldwell Banker Realty Linda Alder— Edina Realty Concern#2 I am concerned that granting a kennel license will result in an increase in barking. City Staff Findings There have been only two complaints of a barking dog at 6284 Chatham Way since 1997, one unfounded. Additional Comment: I believe the complaints involved a dog the Asfelds were caring for at the time. The 3 dogs personally currently owned by the Asfelds have not caused a serious 02/14/2002 16:43 FAX 6126670721 WELLS FARGO EQUIP. a003/006 City of Eden Prairie February 14,2002 Page two barking problem, However, the kennel license implies a number of additional dogs not owned by the Asfelds will now enter the premises increasing the potential of barking disturbances once again. Concern#3 We are concerned that there is not a fence at the Asfeld's. We are concerned about dogs being at large. City Staff Findings The Asfeld's indicate there is a working invisible fence on their property. Additional Comment Working invisible fences are fallible, and the risk of an accident increases when unfamiliar dogs with different backgrounds are introduced. A number of dogs being clearly visible in their back yard on a regular basis are also a problem (See Concern#5 below). Concern#4 We are concerned about different dogs coming and going from the Asfeld's home City Staff Findings (a.)Mrs. Asfeld works with an animal shelter and in the past has brought home dogs that needed short-term housing until an owner was found for the animal. We were advised that Mrs. Asfeld would no longer be helping with that program. (b.)The Asfelds have friends in the area that occasionally bring their dogs over with them when they visit. Additional Comment (a,)City Staff findings conflict with statements Mrs, Asfeld made to my wife Lindsey Dreyling when she solicited Lindsey's acknowledgement signature, Her specific comment was "As you know I am a volunteer with the Animal Humane Society and in order to have more than the allowed number of dogs I have to have a kennel license".Never did Mrs. Asfeld say to Lindsey she just needed a kennel license to be permitted by ordinance to own and keep three doges instead of the two limit. I question why this story has now conveniently changed. (b.) I did not indicate any concern over friends of the Asfeld's bringing their properly supervised dogs with them during visits. If this is the case, why is a kennel license even requested? Concern#5 We are concerned because we have a daughter that is afraid of dogs City Staff Findings The Asfelds dogs are kept indoors. (two small dogs and one collie). When they are outside on their property,they stay within the boundary of the invisible fence. 02/14/2002 16:43 FAX 6126670721 WELLS FARGO EQUIP_ UO04/006 City of Eden Prairie February 14,2002 Page three Additional.Comment We have a 5-year year old daughter adopted from China when she was age 1 1/2, and she is especially fearful of dogs at this stage of her life. We believe this fear stems from her time at a Chinese orphanage in Xi-an, China where large rodents and stray dogs were a prevalent problem. She still refuses to go into our back yard when the Asfeld's dogs are outside and clearly visible. There will clearly be a heightened safety risk and emotional stress to the family if'additional unowned dogs in various numbers, sizes and temperaments become visible next door in a kennel situation. However, a privacy fence would go far to alleviate the situation. We therefore,plead the Counsel to deny the kennel application until the above issues are considered, clarified, and resolved to everyone's mutual satisfaction. If necessary, I will be pleased to attend the February 19 City Counsel meeting to further discuss the matter. Thank you for your consideration and cooperation. Sincerely, )c''CO f Gary T.Dreyling CITY COUNCIL AGENDA DATE: SECTION: Petitions,Requests and Communications February 19, 2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: City Council Final City Manager Candidates X ' 8. Requested Action Move to: Select , , and as finalist City Manager candidates to continue in the selection process. Synopsis Mayor Tyra-Lukens will report the results of the interview process for the new Eden Prairie City Manager position. It is anticipated that the Council will select two or three finalists who will continue in the process for further consideration. The timetable continues to anticipate a final selection will be made at the March 19 Council Meeting. CITY COUNCIL AGENDA DATE:February 19, 2002 SECTION:Reports of Director Parks and Recreation Services SERVICE AREA/DIVISION: ITEM DESCRIPTION: Birch Island Woods— ITEM NO: Parks and Recreation Industrial Parcel Robert A. Lambert Director n'11 . C, t Requested Action Motion: Move to authorize City staff to negotiate with Midwest Asphalt the terms of the sale of the 4.4 acre industrial site, referred to as Parcel B in the appraisal, for the purpose of holding that parcel for redevelopment. Synopsis Hennepin County staff have agreed to support a request by the City to be able to purchase the 4.4 acre industrial site for the appraised market value of$380,000 on a contract for deed with terms similar to those agreed to for the purchase of Birch Island Woods. This would be a five year contract for deed paid at the prime rate at the time of closing. The reason for City purchase would be to hold the property for redevelopment. • Midwest Asphalt has become aware of the City's intention to purchase that property and has offered to purchase the property from the City and hold it for redevelopment. The major difference between Midwest Asphalt purchasing the property and the City purchasing the property is that Midwest Asphalt would want to continue utilizing the property during the time period they are holding the property for future redevelopment; whereas, the City would require Midwest Asphalt to remove their stockpile that has continued to encroach further into the property for many years. Background The attached aerial photo depicts the property boundaries and the encroachment of the Midwest Asphalt stockpile onto this property. Midwest Asphalt has agreed to construct a fence at the base of the existing stockpile to ensure that it would not encroach any further onto the site. If the City were to acquire the property City staff would recommend requiring Midwest Asphalt to remove all of their stockpile off the property within six months, or would recommend that Midwest Asphalt pay rent for use of the site. The rental cost should be sufficient to pay for the site over an extended period of time. Request City staff would request direction from the City Council for negotiations with Midwest Asphalt regarding how important it is to remove the stockpile from the site. The other issue the City staff is discussing with Midwest Asphalt is relating to the time period Midwest Asphalt intends to hold the property prior to redevelopment. BL:mdd 1 f . . • - . . .._ REGST132ED VOL PAGE • . A i 7EA;ED LeIND (5'11.91/ 7' NO 311 ts HENNEA'N COUV731;iii/NNE319k1 Ill ul•• d. • r Al 6 111•3I • 7:9 I E9ENVALE SCLILEVAR9.....•••••• A ... 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' - .•••",.----..:-'%-_.:--72,'-z.:•.--,::--- ._ ,.." .,,.. ._ra,-.-!•-:•-4-_.-!.ty-r. . :. ..:_,;,..,___;.__.=,:.._-.,_-.-.. .:._......_:,-_ _,.. -....n--..•-r_.:::: :_ _; ,..1,,-„,,_ ...tc,.4 _I :.,..y...„..s.,--...„;,;,...--_,,.____:.,.:.,:,-, -,_,:..-. - :.„-... _,-_-,-- - _-.,...„-... - . . -:-.--,-__: -,,,:,i.. .,-..t.,:_-_.:,I..„._-_-.,..„....._._.;.:,.--,..;_:-,-•,..- - _,Vpr. -. -• - -- .----:--- -: - - -- ----'--'" ' -. - . :.,-1--.-.;:e!'::-- .. -!,r .:`w a-1311• - ,,, F4, 144.1 14014. 952/949-8980 www.birchisiandwoods.org 15021 Summerhill Drive,Eden Prairie,MN 55346 2/12/2002 MEMO Page 1 of To; Bob Lambert, Director Parks and Recreational Services, City-of EP Council Members, City Staff. Re: Hennepin County surplus land (Part B) a 4.4 acre parcel along the east side of Indian Chief Road and west of land owned and used by Midwest Asphalt, a re-cycler of road building materials. The Steering Committee of the Friends of Birch Island Woods (FBIW) supports the purchase bythe City of Eden Prairie of Part B of-the Hennepin County surplus land parcels associated with the Birch Island Woods. We agree that the purchase will be a good investment for the City and benefit City taxpayers when it is resold for development at some time in the future. We also agree that City ownership of the parcel will provide the City more control over the nature of future redevelopment in adjacent industrial sites -- a clear and outstanding opportunity to spark the creation of a compact, land- efficient, multi-use cluster of residential units including affordable housing, commercial and office buildings and,a transportation.hub with bus, commuter rail, bicycle and Light Rail Transit connections. Similarly, City ownership:of Part B will make it easier for Hennepin County and the City to re-align Indian Chief Road (a County owned street) and the intersections of Indian Chief, Edenvale and the SW LRT Corridor Trail. The Indian Chief Road parcel supports a wooded viewshed which has long been appreciated and associated with the Glen Lake Children's Camp and its • successors -- Camp Indian Chief and the Eden Wood Center. The newly created Birch Island Woods Conservation area also benefits from this viewshed. Part B and the adjacent industrial area will gain in value if future development incorporates the viewshed. (continued) fivzt4440/ Ezia 1444 Wook 952/949-8980 www.birchislandwoods_org 15021 Snmmerhill Drive,Eden Prairie,MN 55346 2/12/2002 MEMO Page 2 of 2 Midwest Asphalt has impacted Part B in ways which do-not make FBIW comfortable with its intentions if it acquired the parcel. Although Midwest Asphalt's operation is a valuable component-to the region's road construction industry, it has illegally encroached onto more than an acre of Part B. Pursuant . to an April 31, 2001 Government Data Practices Act request made by the Friends of Birch Island Woods, Hennepin County could not produce any documents pertaining to arrangements or rental agreements for use of Part B by any person or entity. (See attachments 1A and 1 B and 2 -- a set of 3 photos showing expansion of the encroachment over time). Part B does not seem important for Midwest Asphalt's profitable operation but, given the record, can be expected to destroy more trees as a convenience for its operation. It is reasonable to assume that Midwest Asphalt also views Part B as a good investment for future profits. Re-developable land will become increasingly valuable in Eden Prairie as demand for housing and commercial and manufacturing space increases. The Met Council has recently revised its growth projections and has identified serious future housing shortages: (See attachment 3: Excerpts of Star Tribune article "Galloping Growth Forecast for Twin Cities") On-request by the FBIW, two separate, real estate consultants have independently analyzed the future value of Parcel B (See attachments 4 and 5). Part B. is clearly a good investment and possibly a very good investment. The City might also generate revenue by leasing the encroached sections of Part B.to Midwest Asphalt as a way of recovering any lost property tax revenues it might forego from public ownership. CONCLUSION The FBlW strongly recommends that the City acquire Part B primarily because it will provide the City more effective guidance and controls of future development on nearby industrial areas and secondarily because it will generate a return for its investment which will benefit City taxpayers. Mo sincerely Jeff Strate Geri Napuck Westermann Steering Committee, FBIW 04/13/01 06:09 FAX 1 952 472 4771 37ius+sb vg'rz Thomas E. Casey Attorney at Law 2854 Cambridge Mound, Minnesota 55364 (952) 472-1099 Fax: (952)472-4771 April 13, 2001 Ms. Marcia Wilda Hennepin County Transit and Community Works 417 North 5th Street, Suite 320 Minneapolis, MN 55401 VIA FAX AND U.S. MAIL (612) 348-9710 RE: Birch Island Woods - Minnesota Government Data Practices Act requests Dear Ms. Wilda, Pursuant to the Minnesota Government Data Practices Act (Minn. Stat. 13.01 et seq. ) , please provide a copy of all documents evidencing the intention of Hennepin County to sell or convey all jar A portion of the "Birch Island Woods" property to an entity other than to the City of Eden Prairie. (Note: this property is identified as parcels A, B, D, and E on the enclosed map.) This request is limited to documents • generated or received after January 1, 2000. In my 1/10/01 correspondence to you, I stated "the Midwest Asphalt Company is generally suspected by residents and others to have encroached upon the subject [Hennepin County] property on the east side of Indian Chief Road " [Note: this parcel is identified as parcel B on the enclosed map.] If there was or is an encroachment, please provide all documents evidencing Hennepin County's efforts to remove or abate the encroachment. In the alternative, it may be the case that Midwest Asphalt Company or another entity is occupying the property (parcel B) with the permission of Hennepin County. Please provide a copy of any documents evidencing a lease agreement and/or payments made to Hennepin County for the use of this property. Because I will be out of town from April 13-22, please send these documents to: Geri Napuck Westerman, , Eden Prairie, MN 55346. 4 J . • Hennepin County 04/13/01 Thank you again for your kind cooperation. Very 1 Thomas E. Casey TEC:rf cc: The Friends of Birch Island Woods file Enclosure -2- vs/Vvr vt uV.vV Ins i vvr z.♦ Z.•a t.a.aVaa✓ z.• VAVLi `v1 Hennepin County // AnEqL OPPorneniq EmPiw April 26,2001 Mr.Thomas E.Casey 2854 Cambridge Mound,MN 55364 Dear Mr.Casey: This is in response to your letter dated April 13,2001,wherein you request copies of all documents evidencing Hennepin County's intention to sell all or a portion of the Birch Island Woods property to any entity other than the City of Eden Prairie. Enclosed is a letter from Vern Genzlinger to Bob Lambert dated February 20,2001. This correspondence spells out the county's intent to sell the industrial parcel through the competitive bidding process on the open market. I am not aware of any other documents that relate to the issues you reference in your request. If you have further questions,I can be reached at 612/348-8537. inc rely, • C jr-"1161 • Marcia Wilda Transit&Community Works Enclsoure Department of Transit&Community Works 417 North Fifth Street,Suite 320 &odd Papa Minneapolis,Minnesota 554014362 (612)348-9Z60 FAX:(612)348-9710 9-.-' • .••••1/4 4i /13 , 21110 ...:t1A, - •S May Vie. p p $ * . • ON A 4 •A. • t. . 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' • Mtl v,. -.�,_.r +'• ' ] _• kC. .fir 'r r wl.�.b . ��'4{ si"i 1 % / — • .�- .tr.- �•' ��' ` '`' ' ' 'T - .v s , 1 • `imj CD rl f .01 www.birchislandwoods.org 15021 Summerhill Drive Eden Prairie,MN 55346 952/949-8980 Galloping growth forecast for Twin Cities David Peterson Star Tribune, January 17, 2002 Excerpt#1: The Twin Cities area now is expected to grow much faster than experts had anticipated, adding nearly a million people—the equivalent of a Detroit—over the next 30 years,the Metropolitan Council said Wednesday. The new projection:nearly 3.6 million people in the seven-county area by 2030 Old projections went only to 2020 and anticipated about 3.15 million people by that time. With some suburbs putting the brakes on new housing as traffic gets worse,that raises the questions of where those people are going to live and what will happen to the accelerating cost of buying a home. "This should make peoples'eyes widen,"said Rick Packer, a spokesman for Twin Cities homebuilders; "We have a housing shortage, and it's going to get worse:" Met Council demographer Michael Munson told a council committee that there's a gap of 75,000 between the number of new housing units the metro area's cities are planning to allow and what will be needed over the next three decades. Except#2 Representatives of Calthorpe Associates,the Met Council's chief outside regional planning consultant from Berkeley,Calif.,did tell council members that there's a supply of land currently intended for other uses that could be used for housing instead. Calthorpe's Joe DiStephano said that cities are penciling in more land than is needed for commercial and industrial uses and less than will be needed for multifamily housing. The new forecast kicks off a year-long process in which the Met Council expects to draft a new blueprint for the region's future. That blueprint is expected to call for solving the region's housing needs—and minimizing its congestion--by building at much greater densities along transit corridors that can be used for light rail,commuter rail and dedicated busways. That means things like multi-story apartment and condominium buildings,which planners say will be well-suited anyway to an aging population that increasingly will look for alternatives to the car. 2 F 44 J t4i64,4iWook www.birchislandwoods.org 15021 Summer-hill Drive rf Eden Prairie, MN 55346 952/949-8980 The following is an e-mail pertaining to the future value of the strip of land along Indian Chief Road referred to by the County and City as Part B. Date: Wed, 16 Jan 2002 08:43:08-0500 Subject: Indian Chief Road Wooded Strip From: Mary Jo Bailey <mjb@baileyprop.com> To: Geri Napuk Westermann <gnaplaw©aol.com> CC: Jeff Strate <bukumi@pioneerplanet.infi.net>, Jerry Bailey <jlb@baileyprop.com> As we discussed yesterday, Jerry and I greatly appreciate your and Jeff Strate's concerns and continued monitoring of this situation. We feel it is imperative that the city of Eden Prairie proceed to acquire this piece of property and not sell it to Midwest Asphalt or any other private entity at this time. Following are a few of the comments I shared with you based on my conversation with Everett D. Strand, MAI,of Nicollet Partners Real Estate Advisors regarding return on investment assumptions for the city's investment in this property. * The parcel's value will be increased based upon it's ability to be assembled into a larger developable parcel. * The minimum amount of increased value a land owner can reasonably expect to receive is 3% per year, the highest is for the value to double every 4 years (although Mr. Strand cautioned that this standard may be too aggressive based on current market conditions.) * A concern that could be explored is the environmental impact of Midwest's current use of it's existing property and the ramifications of potentially expanding that use to the subject piece of property. Mary Jo Bailey Bailey Properties [Minnetonka] 952.933.2020 952.933.8663 fax 612.919.4369 mobile Pentacle P ine. Ron Pent! Moore 612 339 5642 Fax 612-335-2523 - February 6,2002 . Mr.Jeff Strate Friends of Birch Island Woods 15021 Summerhill Drive Eden Prairie,MN 55346 Re: 4.4 acres parcel of land—Indian Chief Road Dear Mr. Strate: As you requested,I have reviewed the proposed purchase of Tract B of the Birch Island Woods (4.4 acres)located along Indian Chief Road. Most residential/commercial land of this size is selling for over$2.00 per square foot. h is difficult to predict future land values. Yet developable land in Eden Prairie has become • increasingly in short supply and demand by developers has been strong in the western suburbs. Land sales/prices tend to follow the business cycles and therefore fluctuation does occur. Similar to the stock market,land prices over time trend upward. In attempting to assess the current or future value of vacant land one must make some limiting assumptions. We would assume that the use of the property is for.residential, commercial,or residential purposes. We would also,assume that the soils on the majority of the site are useable. We would assume that the adjacent industrial site is redeveloped.and.is compatible to the subject site. Ihave summarized some land sale information that has dosed in.Hennepin County. These are vacant land parcels that are similar in size to the subject parcel(2 to 6 acres)and are both residential and commercial uses. There are numerous factors that determine the actual price paid and I have not attempted to differentiate these actual sales. Yet,I believe it provides useful overall summary information and land value trends as it relates to Hennepin County and Eden Prairie. Year of Sale. Number of Sales Average Price(PSF) 1994 4 $1.80 1995 10 $3.98 1996 13 $6.26 1999 24 $4.60 2000 36 $5.53 200•I 9- $4 35 /s As shown above land prices do not follow a straight-line pattern.. The years of strong economic growth had more sales activity than the other years_ Overall it indicates that landprices in Hennepin County have trended upward I also reviewed some actual land sales of residential land parcels ranging in size from approximately 2.5 to 6.5 acres in Eden Prairie that closed in 2000/2001 and the price per square foot rangedfrom$2.20 to$3.12 per square foot. It would appear that considering market data that purchasing the subject property at a purchase price of$380,000 or$1.98 per square foot would be a goodinvest.,_uent. Hopefully,this provides some useful information as it relates to your analysis of the land parcel located along Indian Chief Road Sincerely, CP /:ten Ronald L. Pentz • President Pentacle Properties,Inc. • <-