HomeMy WebLinkAboutCity Council - 03/19/2002AGENDA
EDEN PRAIRIE CITY COUNCIL WORKSHOPLFORUM
TUESDAY, MARCH 19,2002 CITY CENTER
5:OO - 6~25 PM, HERITAGE ROOM II
6~30 - 7:OO 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
11. APPROVAL OF AGENDA
IV. .
V.
VI. OTHER TOPICS
Council Chamber
VII.
SERVICE AREA DIRECTOR OVERVIEW OF 2001 ACCOMPLISHMENTS
COUNCILMEMBER DISCUSSION OF 2002 GOALS
OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.)
A. LAURA BLUML - CONCERNS ABOUT MCES SEWER LINE
VIII. OPEN PODIUM (Unscheduled participants, 650-7:00 p.m.)
IX. ADJOURNMENT
MEMORANDUIM
TO: Mayor and City Council
Carl Jullie, City Manager
F'ROM: Don Uram, Financial Services Director
DATE: March 15,2002
SUBJECT: 2001/2002 Accomplishments and Goals
COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES
The Community Development and Financial Services Area is comprised of the Community
Development Division, the Finance Division, the Assessing Division, Liquor Operations, and
Information Technology. All of the divisions are in the General Fund except for Liquor
Operations which is classified as an Enterprise Fund. A description of each area and their 2001
Accomplishments and 2002 Goals follows:
Assessing Division
The Assessing Division is responsible for establishing valuations and classifications of all real
properties in the City for purposes of taxation and for the administration of all active, pending,
and deferred special assessments. By State law, the City must establish valuations for all new
construction; physically view and appraise other existing properties at least once every four
years; and annually adjust valuations of properties. The Assessing Department performs these
functions plus processing homestead classification applications, assembling information for the
annual Board of Review, representing the City in Tax Court matters, and disseminating tax and
real estate information to the public and other government agencies.
2001 Accomplishments
1. Completed January 2,2001 Assessment. Completed state-mandated appraisals. Met market
value standard with 95.3% median sales ratio and Coefficient of Dispersion (COD) of 5.5%.
2. Completed Special Assessment Administration using less than ?4 Full-time Equivalent Staff.
2002 Goals
1. Complete the state-mandated appraisals of new and existing properties.
2. Prepare annual assessment that meets the state market value standard as measured by median
sales ratio between 90% and 105%.
3.
4.
5.
6.
Complete the annual assessment of residential properties with a coefficient of dispersion
(COD) of less than 6.5%.
Perform Special Assessment AdministTation, reviewing and streamlining the process where
possible.
Implement Heiepin County Web-based Data Exchange System.
Work with LOGIS staff to replace existing Property Data and Special Assessment Data
Processing Programs.
Community Development Division
The Community Development division is responsible for evaluating and regulating development
in the City according to its Comprehensive Guide Plan, City ordinances, and metropolitan
policies. It provides staff services to the City Council, HRA, Community Planning Board, Board
of Appeals & Adjustments, Flying Cloud Airport Advisory Commission, and Watershed
Districts. These services include the implementation of the Comprehensive Guide Plan,
administration of zoning ordinances and development agreements, the review of development
and housing plans, economic development, and the administration of the Community
Development Block Grant (CDBG) Program.
Community Development
2001 Accomplishments
1. Drafted guide plan update and held workshops with Community Planning Board.
2. Prepared a digitized zoning map by PID number.
3. Reviewed and presented to the Community Planning Board 34 new development projects.
4. Responded to 550 zoning inquires.
2002 Goals
1. Finalize the City’s guide plan update and land use map.
2. Develop and publish a citywide conservation easement map.
3. Update City’s wetlandfloodplain map.
4. Assist in finalizing airport agreement between the City and MAC.
Economic Development
2001 Accomplishments
1. Coordinated sale and development of Singletree site to North American Properties for a
housinghestauranthixed-use development.
2. Coordinated TIF financing for The Colony Senior project - 20% affordable.
3. Coordinated TIF financing for Summit Place Senior Campus - 20% affordable.
4. Golden Triangle Demonstration: Traffic study completed, TMA established, market study
completed.
5. Secured $150,000 grant through Hennepin County to fund the GTA land use study.
2002 Goals
1. Initiate and coordinate a transportation, land use, and redevelopment study for the MCA.
2. Complete the GTA land use study.
3. Sell City owned parcel on TH212 and facilitate retaiymixed-use development on surrounding
properties.
4. SelVdevelop old police building site.
5. Complete Douglas/Srnith/More House renovation and addition and complete lease with Dunn
Bros Coffee.
6. Provide full access to Eden Prairie Road for More House property by securing a cross access
easement from Resurrection Life Church.
7. Complete Dominum/Heights at Valley View development.
Housing, Transportation, and Social Services
The City funds a number of organizations that provide housing, transportation, and social
services that the City Council has identified as important to meet the needs, of the community.
Activity of the Legislature in recent years indicates that there will be closer monitoring of City
efforts to meet perceived needs of populations needing additional services.
2001 Accomplishments
1. Worked with Hennepin South Service Collaborative to develop and implement new structure
for the agency.
2. Received 2nd year LCTS funding for full-time case manager to work with Somali refugees.
3. Implemented the Eden Prairie Business and Employment Group to work together, share
information and develop relationships with local businesses to help our clients secure
employment.
2002 Goals
1. Secure funding from Hennepin County for HOPE Program and subcontract with outside
agency to deliver services.
2. Work with PROP Board to implement changes and ensure smooth transition fiom all
volunteer to paid staff structure.
Historic Preservation
2001 Accomplishments
1. CLG Grant - 10 interpretive signs
2. Capital Projects Grant - Glen Lake Children’s Camp Re-roofing
3. National Register of Historic Places nomination for Lookout Park Wayside.
4. Ongoing meetings with Minnesota State Parks, Shakopee Mdewakanton Sioux Community
regarding future restoration, use of Lookout Park.
5. Sponsored Sunbonnet Day and monthly programs at the Cumrmns . Grill House.
6. Continued planning regarding rehabilitation of the Smith -Douglas-More House for
commercial use.
7. Continued work this year to evaluate bluff area.
8. State Archaeologist initiated field survey work on portions of the Kempton Group. Also,
ongoing monitoring by staff and State Archaeologist of Fieldman mounds at Settlers Ridge.
9. Restoration project estimates were completed in 2001 for Cummins-Grill House, Smith-
Douglas-More House, and Riley-Jacques Farm, for budget planning, and restoratioduse
planning.
10. Two HPC members and staff attended the annual Historic Preservation Conference at
11. Received Honor Award fiom Preservation Alliance of Minnesota for restoration and
12. Received Award of Excellence fiom Minnesota Recreation and Park Association for park
Glenwood, Minnesota.
interpretation of Glen Lake Children’s Camp.
interpretive panels.
2002 Goals
1.
2.
3.
4.
5.
6.
7.
8.
Complete rehabilitation of Smith-Douglas-More House for commercial use, and Site
Alteration Permit review.
Continue planninglrestoration of Lookout Park Wayside. Resubmit and complete National
Register of Historic Places nomination if possible.
Complete local registrations.
Continue rehabilitatiodrestoration at the Cummins-Grill House and Riley-Jacques Farm.
Begin barn restoration planning.
Complete planning and Site Alteration Permit review for Fredrick Miller Spring.
Complete planning and restoration of the Dornkemper log house and Site Alteration Permit
review for relocation of house to Riley-Jacques Farm site.
Complete 3 outdoor interpretive signs.
Continued educationhecreation planning with Parks and Recreation Department.
Finance Division
The Finance Division is responsible for the financial management of the City. This includes
establishing and maintaining effective controls over the City’s financial activities and providing
accurate financial information. Finance is also responsible for coordinating the annual budget,
managing debt, investment of city fimds, accounts receivable and payable, water and sewer
billings, licensing, and financial reporting.
2001 Accomplishments
1. Received the National Government Finance Officers Association’s awards for the City’s
annual report, the bi-annual budget, and the popular annual financial report.
2. Received bond rating upgrade fiom Aa2 to Aal.
3. Refinanced City bonds saving the City up to $1 million in interest costs.
4. Completed second multi-year budget cycle and six-year capital improvement plan.
5. Continued funding CIP and revenue stabilization fund.
6. Completed implementation of iinancial enterprise software (DE) including accounts
payable, accounts receivable, general ledger/project accounting, and departmental access.
2002 Goals
1. Continue implementation plan for Accounting Standard GASB 34.
2. Review options to refund additional debt saving additional interest costs.
3. Support effort to eliminate local governments fiom paying sales tax.
4. Continue to review bond rating with issuance of debt to determine upgrade feasibility.
5. Implement JDE human resource and payroll-integrated system.
6. Implement JDE fixed asset and purchase order system.
7. Continue to lobby against wine in liquor store legislation.
Information Technology Division
The Information Technology Division is responsible for all data processing applications and
equipment for the City.
2001 Accomplishments
1. Upgraded File Server hardware and migrated users to Windows 2000 server fiom Novel1
server.
2. Implemented Grant funded digital systems for fingerprinting and sent the digitized print to
the Bureau of Criminal Apprehension electronically.
3. Added membership module to Class software for Park and Recreation.
4. Hired an Information Technology Technician to provide citywide PC support.
5. Evaluated existing Fleet Software and purchased the software that most cost effectively to
meet our business needs.
6. Developed and implemented 3-year PC replacement plan.
7. Worked with MIS User Group to create City IT Policy.
8. Worked with MPD to gain access to Automated Pawn System.
9. Redesigned City's website to allow ease and flexibility for users while the City works on
implementing a new website.
10.Upgraded Pavement ICON software fiom Paradox database engine to Access database
engine.
1 1. Upgraded Signview software from version 4 to 5.
2002 Goals
1. Redesign city website to include E-Services and twrn our City website into a proactive
communication tool with city residents and business partners.
2. Complete new Fleet Software implementation.
3. Complete new Booking System implementation and begin sending booking photos directly
to the Hennepin County SherifT's Department.
4. Upgrade our existing network Mastructure to increase overall network bandwidth,
performance and efficiency.
5. Migrate Police file server into City's Windows 2000 server. Implement policy group to
install and remote software automatically.
6. Upgrade Police RMS system to version 2 to enhance efficiency and flexibility.
7. Research, evaluate, purchase and implement Police's New Dictation System.
8. Design and implement Citywide Intranet website to communicate internal information
effectively .
9. Standardize citywide office application to Microsoft Office XP.
10. Formalize a GIs User Group as subcommittee of MIS User Group to implement citywide
integrated GIs application.
11. Evaluate and implement citywide document imaging and management system.
12. Establish partnership with School District, Hemepin Tech. and HFT to share Information
Technology Strategic Plan.
Liquor Operations
The City currently operates three municipal liquor stores located at Prairie Village Mall, Prairie
View Mall, and Den Road. It is the City's policy that profits generated by municipal liquor
operations be transferred to the Capital Improvement Fund. Eden Prairie has the fourth largest
municipal off-sale operation in the State.
To continue the success of Liquor Operations, the City continues to implement initiatives to take
advantage of population growth, market trends, and technology. Point of sale technology has
been upgraded and a perpetual inventory system has been put into operation. Also under review
are merchandising, store presentation, customer service, and employee training.
2001 Accomplishments
1. Increased overall sales by 9.5% to $7.9 million.
2. Increased gross profit margin fkom 23.8% to 24.7%.
3. Received Council approval to dedicate liquor profits as a funding source for CIP.
4. Completed Prairie Village Mall store remodel project.
5. Implemented training and procedures on carding at the liquor stores.
2002 Goals
1. Exceed $8 million in sales.
2. Maintain gross profit margins.
3. Continue to develop partnerships with local restaurants to hold quarterly wine tastings.
4. Complete wide area network between the liquor stores and the city for improved inventory
management and communications.
5. Successfully negotiation Prairie View lease.
To: Mayor and City Council
From: Bob Lambert, Director Parks and Recreation Servicesqb I Date: March 19,2002
fT' - -*-.
Subject: Overview of 2001 Accomplishments and Review of 2002
Objectives .
I ;aen wmne
The City Council has requested a summary of the accomplishments of the various Service Areas
during 2001, and a list of the goals and objectives of those Service Areas for 2002.
The Parks and Recreation Services Area provides a detailed annual report each year of the Service
Area's activities from programs and services provided to parks and facilities developed. This annual
report is used by staff to evaluate services in terms of meeting subsidy goals for various programs. It
also provides a record of when programs were initiated or cancelled, as well as a detailed record of
revenue versus expenditures for all programs and services. Pages 8,9 and 10 of the 2001 annual
report provide a list of the major accomplishments for 2001, as well as the objectives for 2002.
At the March 19' workshop, staff will provide a brief summary of the highlights of this report, and
will request direction fiom the Council regarding some of the proposed objectives for 2002.
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8080 Mitchell Road - Eden Prairie, MN 55344-4485 - edenprairie.org 952-949-8300 -TDD 952-949-8399 -L
March 11,2002
William P. Moeller, Jr., P.E.
Assistant General Manager- Interceptor Services
Metropolitan Council Environmental Services
Regional Maintenance Center
3565 Kennebec Drive
Eagan,MN 55122
RE: Resident Odor Complaint
Siphon Headbox in Eden Prairie
Dear Mr. Moellec
Over the past several months, you and your staff as well as members of my staff have had numerous conversations
with an area resident regarding odors emanating'from the siphon headbox in Eden Prairie. Although the City of
Eden Prairie has no jurisdiction over the matter) we would very much like to see the issue resolved.
I respectfully request that you provide a written response to this letter that might answer the following questions:
What is the cause of odors?
Is the cause permanent or temporary?
What are the potential solutions to the odbr problem?
What is the status of your investigation towards implementing possible solutions?
Do you have other examples of successful odor control programs in similar situations in other
communities?
Is there a schedule for completion or implementation?
Are there limitations to solving these types of odor problems?
Are there standards that can measure compliance and do you meet them?
There may be other questions and issues that warrant inclusion in your response. However, my main goal is to have
a straightforward document that addresses what can be done within a reasonable time fixme to bring closure to this
issue.
Please call myself (949-952-8310) of City Engineer) Alan Gray (952-949-8320) if you need cladication or
additional information.
Sincerely,
Eugene A. Dietz, P.E.
Director of PublicWorks '
cc: MsLauraBluml
Mayor and City Council
Carl JulIie, City Manager
Afan Gray, Citykgineer
MEMORANDUM
To:
Through:
From:
Date:
Subject:
Eugene A. Dietz, Director of Public Works Services
Mayor and City Council
Carl J. Jullie, City Manager
March 15,2002
2001 Accomplishments
2002 Goals
The attached sheets summarize 2001 Accomplishments and 2002 Goals for our 65-member Public Works staff.
Although categorized by the division of primary responsibility, most of the items are actually an
interdivisional team accomplishment that also includes a cooperative effort from the Parks staff as well. In
addition to permanent staff, we utilize 12-15 seasonal employees and a cooperative program with the State of
Minnesota (ICWC) to accomplish these goals. Much of what has been accomplished and what we envision for
the future revolves around core services and a Parks and Publicworks Services Mission Statement of “Provide
and maintain dependable, cost-effective, high-quality services for our customers”.
Our staff demonstrates commitment and a tremendous amount of pride in the work that they perform for our
community. However, we are also mindful of the commitment that the City Council has to our Mission by
providing quality equipment, excellent facilities and the funding for staffing levels and materials to accomplish
our work.
I will highlight the accomplishments and goals and be available for questions at the Workshop on March 19,
2002.
PUBLXC WORKS - ENGINEERING
2001 Accomplishments
1.
2.
3.
4.
5.
6.
7.
8.
9.
TH 312 projects were substantially completed.
CSAH 1 (Pioneer Trail) construction was substantially completed.
Technology Drive (between Mitchell Road and Prairie Center Drive) project design was substantially
completed. Construction has been delayed until 2003.
1-494/TH 169 Interchange layout and environmental documentation was developed with MnDOT and
neighboring cities. Completion of this phase of the project is expected in early 2002.
TH 169/Anderson Lakes Parkway/CSAH 1 (Pioneer Trail) Interchange layouts and environmental
documentation are also being developed with MnDOT and Bloomington. Completion of this phase of the
project is expected in early 2002 with construction scheduled for 2007.
1-494 3rd Lane project's Environmental Impact Statement @IS) and layout were completed along with
municipal consent granted in 200 1.
Conceptual layouts were developed for westerly/northerly fieeway access alternatives onto 1-494 at Prairie
Center Drive / Flying Cloud Drive. Received MnDOT and FHWA preliminary approval of conceptual
layouts in 200 1.
Updated 6-year Capital Improvements Project list.
Finalized CSAH 1 (Pioneer Trail) landscape plans with resident committee.
implemented in 2003.
Landscape plan will be
10. Competed Golden Triangle Area Traffic Study.
1 1. Conducted surface condition survey for the entire city street network.
12. Prepared contract documents for maintenance projects
7 miles of overlay
Street sweeping
31 miles of seal coat
140,000 pounds of crack fill
13. Development of Crestwood Terrace and AlpineLHillcrest Feasibility Studies.
14. Prepared38 Final Plat Reports
15. Issued 22 Grading Permits
16. Processed 192 Utility Permits valued at $29,000 fiom primarily private utility companies.
17. Reviewed development and construction plans and also monitored construction of approximately $3.5 million
of public jnfi-astructure improvements for private development projects.
18. Completed storm water pond inventory and wetlandwaterbody inventory update.
19. Completed about five neighborhood drainage improvement projects.
20. Competed the Prairie Center Drive /West 78& Street signal and striping modifications.
21. Substantially completed installation of utility and street construction in the Highview and Cedar Forest
neighborhoods.
22. Assumed maintenance of the land use and zoning maps, as well as the waterbody inventory on a Graphic
Jnformation System (GIs) format.
23. Began inspections and enforcement of wetland buffer provisions for new developments.
24. Completion of Memorandum of Understanding with MnDOT for HOV slip ramp from Flying Cloudshady
Oak to TH 212 ($400,000 MnDOT commitment).
25. Completion of Memorandum of Understanding with MnDOT for Bryant Lake Drive/TH 212 RampNalley
View Road reconstruction project ($400,000 MnDOT commitment).
26. Secured additional $500,000 for Bryant Lake Drive/TH 212 RampNalley View Road project through
MnDOT Municipal Agreements Program.
27. Organized and conducted first “Sector Council Meeting” regarding Eden Prairie Road Area, south of Riley
Creek.
28. Finalized Acquisition of 17 acre Parks and Public Works Storage Facility (old drive-in theater site).
29. Constructed new shared entrance and crossover road for Purgatory Creek Recreation Area (PCRA) and
adjoining site.
30. Secured “Permit to Construct” PCRA improvement on MnDOT right-of-way and Commitment from MnDOT
to vacate the acreage to the City.
3 1. Award contract for forth and final phase of Emergency Vehicle Pre-emption systems in the City.
32. Final resolution of drainage and erosion lawsuit on Purdy Road and constructed storm sewer improvements
on Riverview Road.
33. Finalized special assessments in the amount of $537,000 at Fall assessment hearing.
34. Levied and collected $3.5 million in special assessments against land owned by Charlson which was
eventually acquired by MAC.
35. Secured grant from Hennepin County in the amount of $160,000 from Municipal Waste Abatement Incentive
Fund Grant which resulted in a rebate of $8.00 to each single family and townhome owner in Eden Prairie
(compared to a collection of $12.00 per year for storm water utility fees).
36. Dispersed $12,000 in rebates to residents purchasing low water consumption appliances (toilets, dishwashers
and washing machines).
37. Preparation and completion of 10 “vacations of easement andlor right-of-way”.
3 8. Established a local Water Management Task Force
PUBLIC WORKS - ENGINEERING
2002 Go&
A. Review plans and work with MnDOT on 1-494 3d Lane construction project scheduled to begin this year.
B. Complete TI3 212/CSAH 39 (Valley View Road)/Bryant Lake Drive interchange area project, reconstructing
and adding double left-turn lanes on the off-ramp, a new trail, watermain replacement, and some minor bridge
and roadway work on Valley View Road.
C. Complete construction of CSAH 1 (Pioneer Trail) roadway project and finalize plans for the landscape
project.
D. Construction of new signals at Prairie Center Drive and Prairie Lakes Drive and at Prairie Center Drive and I-
494 Westbound off ramp.
E. CSAH 4 (Eden Prairie Road) construction (near Grace Church) south of CSAH 1 (Pioneer Trail).
F. Construct sanitary sewer and watermain along Spring Road to serve a portion of Hennepin Village.
G. Prepare feasibility report and conduct public hearing for Eden Prairie Road between Riley Creek and TH 212.
H. Prepare and obtain approval of layout and construction plans for the improvements to the intersection of
CSAH 4 (Eden Prairie Road) and Valley View Road for 2003 construction.
I. Develop a storm water pond maintenance and inventory database for integration into our Waterbody Graphic
Information System (GIs) map.
J. Prepare an updated Major Center Area Traffic, Access and redevelopment plan.
K. Construct utility and street improvements on Stable Path.
L. Conduct public hearing for the AlpineEtillcrest neighborhood (the city’s first street re-construction project
that was not initiated by public utility construction).
M. Begin construction of Columbine Road ftom Fountain Place to Prairie Center Drive.
N. Complete wetland mitigation projects at Glenshire and the Water Treatment Plant.
0. Complete the City’s Local Water Management Plan and Wellhead Protection Plan.
P. Promote a resolution of re-construction of TH 101 with Chanhassen.
Q. Substantial completion of Crestwood area utility and street improvements.
R. Construction of sewer and water along Pioneer Trail and Flying Cloud Drive to serve mort and BFI.
S. Prepare annual maintenance and materials contracts including:
7 miles of overlay
27-30 miles of seal coat
T. Negotiate agreement with MAC regarding right-of-way, assessments and parks open space.
U. Maintain timely completion of development related items - plan review, grading permits, plat reports and
UtiliQpermitS.
V. Completion of Parks and Public Works APWA self-assessment program - an employee lead process to
review standard practices and procedures.
PUBLIC WORKS - FLEET SERWCES
2001 Accomplishments
1. Preventative maintenance and repair of over 260 vehicles and pieces of equipment.
2. Implementation of repair request tracking system that allows equipment users to check status of vehicle
repairs on any City networked computer.
3. Maintain increased hours of operation to provide better and more timely service. ( Monday-Friday 5am-
6:30pm)
4. Implemented a parts warehouse program for operating divisions (Streets, Parks, Fleet, and WaterKJtilities)
providing personal safety equipment, chemical supplies, material safety data sheets and common wear parts
for small equipment.
5. In cooperation with Street Division, provide repair and maintenance on all snow removal equipment
immediately after a storm.
6. In cooperation with Street Division, provide body repair and painting on trailers, dump trucks and small
equipment. Painting is done with water based paint and applied with airless sprayers. (These are
environmentally fiendly products.)
7. Fifty plus annual DOT inspections provided by City employees holding State of Minnesota Inspectors
License ( Required by the Department of Transportation)
8. 500 plus employee generated repair or equipment modification requests.
9. 400 plus Preventive Maintenance inspections and services.
10. Thirty new vehicle setups. This includes setting up Police and Fire equipment installing all lights, radios and
computer equipment.
11. Fleet Services have also refurbished a flusher truck replacing cab and chassis, rebuilding worn components
and refitting tank and pump. This is at cost savings of $50,000.00 per truck. (One truck completed in 2001
and a second completed in 2002.)
12. Assist Fire Department in the diagnosis of Ladder 1 that required an engineering design repair for the aerial
tower.
13. Install quick release for front plow on dump trucks. The new electrichydraulic system does now allow
manual pressure release causing an unsafe condition when operator tries to uncouple plow under 2000 pounds
of pressure.
PUBLIC WORKS -FLEET SERVICES
2002 Goals
A. Create job description for a second lead worker position and promote an intemal candidate for finalization of
the reorganization plan in the StreetEleet Divisions (in lieu of a foreman level position).
B. Implementation of a new preventive maintenance tracking system to provide better inventory control, tracking
mechanics time spent, certifications, training, equipment downtime and aid in cost control.
C. Refurbish a second tanker/flush truck.
D. Provide vehicle users a computer generated service request generated at all networked computers.
E. Reduce inventory on hand with computer generated reorder reports.
F. Provide safety training for operating division employees using Public Works personnel as instructors.
(Material safety training, forklift, commercial vehicle equipment adjustments, etc.)
G. Increase use of motor pool vehicles.
H. Implement Access based employee work tracking program in Park Maintenance.
I. Finish APWA self-assessment and establish a prioritized system of implementing revised standard operating
guidelines.
Complete the preparation of a “Career Development Program” for the Union staff. This will provide training,
higher customer service and career advancement for the Union staff.
*
J.
PUBLIC WORKS - STREET DIVISION
2001 Accomplishments
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
Reorganized management in the Street and Fleet Services Divisions as a result of the retirement of the Street
Division Manager. Promoted the Fleet Services Manager to a new position of Public Works Superintendent;
promoted the Street Division Foreman to the Street Manager position and eliminated the Supervisor positions
(foreman level position) in each of these Divisions.
Preparation work - patching, curb repair and crack filling - for 31 miles seal coating project.
Preparation work - patching, curb repair and crack filling - for a 7-mile overlay program.
Contract administration and inspection of installation of 140,000 pounds of crack filling material by private
contract.
Contract administration and inspection for overlay, seal coat and milling.
Contract administration and inspection or the private contract for curb raising/pumping (raised approximately
9,700 feet of curb to correct drainage prior to overlay and seal coat projects.
Completed approximately 75% of the preparation work for a 7-mile overlay project in 2002.
Coordinated the annual spring sweeping project that includes a mix of division staff, equipment and a private
contractor.
Replaced approximately 8,000 lineal feet of concrete curb and gutter.
Replaced sidewalks on an as-needed basis.
11. Inventoried and assessed approximately 9,000 city-owned signs, resulting in approximately 10%
replacement/refkbishment .
12. Contract administration and inspection of citywide annual street striping program.
13. Performed citywide pavement patching.
14. Convened a committee of employees and management staff to review and update policies and practices
regarding snow and ice control -resulting in better communication and improved weekend response.
PUBLIC WORKS - STREET DIVISION
2002 Goals
A. Create job description for a second lead worker position and promote an internal candidate for finalization of
the reorganization plan in the Street Division (in lieu of a foreman level position).
B. Complete the preparation work for the 2003 overlay program.
C. Assist the City Clerk in set up and take down of polling facilities for the fall election.
D. Complete the 2002 maintenance projects on schedule and within budget.
E. Finish APWA self-assessment and establish a prioritized system of implementing revised standard operating
guidelines.
PUBLIC WORKS -UTILITIES
2001 Accomplishment
1. Implemented 9/11 security upgrades:
0
0
0
0 Installed ladder guards
Installed security fencing around entire Water Treatment Plant
Upgraded and added security cameras for complete coverage of Water Treatment Plant
Upgraded lock mechanisms at all secured sites including water tower sites
Daily security check system with staff
2. Completed construction and began operation of Well No. 14.
3. Completed exterior and roof replacement of utility vehicle facility on Water Treatment Plant site.
4. Installed standby generators and variable fiequency drives on Wells Nos. 2,9, 11 and 13.
5. Refurbished and painted the interior of the wash water supply tank at the Water Treatment Plant site.
6. Replaced the carbon dioxide storage tank at the Water Treatment Plant.
7. Replaced the ferric sulfate metering pumps at the Wat,er Treatment Plant.
8. Installed a 30-inch butterfly valve in the west treatment plant influent line to correct operational deficiencies.
9. Completed modifications to Lime Bin No. 3 to correct operational deficiencies.
10. Treated and pumped 2.95 billion gallons of water.
1 1. Administered a private contract to provide a leak detection program for the 240-mile distribution system.
12. Administered and coordinated contract to install approximately 3,500 radio-read water meters. This is the
third year of a five-year program to upgrade our meter reading system in the community.
13. Implemented a team leader labodmanagement program in the areas of sanitary sewer cleaning, catch
basidmanhole and valve box adjustment and repairs. See the attached table for results.
14. Established a new lead position for construction and reconstruction projects, which results in reduced impacts
to customers and prompt service to contractors.
15. Maintained a 24/7 on-call system for emergency needs.
16. Received certification fiom the Minnesota Department of Health for the Water Treatment Plant Laboratory
and staff to perform coliform bacteria testing and routine monthly distribution system samples and new
construction samples.
17. Initiated discussion with the St. Cloud Technical College to offer “Water Environment Technologies”
program at our water plant in conjunction with the Blue Lake Wastewater Plant as a satellite program for
training water and wastewater operators.
PUBLIC WORKS-mms
2002 Goals
A. Maintain water standards and equipment to meet the seasonal demands of our customers.
B. Maintain a rotating five-year cycle for well rehabilitatiodpreventative maintenance.
C. Contract for construction of Well No. 15.
D. Continue with the radio-read water meter change out program.
E. Implement a strategy to comply with GASB 34 accounting compliance.
F. Complete refinements of the “Realflow” system to more precisely monitor the aquafir and operate the well
system.
G. Continue a vigorous preventative maintenance and repair program systemwide.
H. Finish APWA self-assessment and establish a prioritized system of implementing revised standard operating
guidelines.
3 R
(d
0 0 s -
4 n
Q 3 d
AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, MARCH 19,2002 7:OO 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 STAF’F: 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.
11.
111.
IV.
V.
VI.
ROLL CALL / CALL THE MEETING TO ORDER
PLEDGE OF ALLEGIANCE
COUNCIL FORUM INVITATION
APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MINUTES
A. CITY COUNCIL MEETING HELD MARCH 7,2002
CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. BP AMOCO by BP Products North America, Inc. 2nd Reading for Planned Unit
Development District Review with waivers on 2.45 acres, Zoning District Change
kom Neighborhood Commercial to Community Commercial on 1.4 acres, Zoning
District Amendment with the Community Commercial Zoning District on 1.05
acres, and Site Plan Review on 2.45 acres. Location: Southeast comer of Highway
212 and Anderson Lakes Parkway. (Ordinance for PUD District Review, Zoning
District Change and Zoning District Amendment, and Resolution for Site Plan
Review)
C. ADOPT RESOLUTION APPROVING FINAL PLAT OF ANDERSON
LAKES COMMERCIAL CENTER 4TH ADDITION
D. AWARD CONTRACT FOR 2002 STREET SWEEPING TO ASTECH
CORPORATION, I.C. 02-5558
CITYCOUNCILAGEMlA
March 19,2002
Page 2
E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH, INC.
FOR DESIGN SERVICES FOR CRESTWOOD TERRACE
IMPROVEMENTS, I.C. 98-5474
F. ADOPT RESOLUTION APPROVING PLANS AND SPECIF'ICATIONS
FOR CHARLSON AREA IMPROVEMENTS, PHASE I, I.C. 02-5563
G. APPROVE SERVICE AGREEMENT WITH HONEYWELL FOR
UPGRADE OF FILTER CONTROL SYSTEM AT THE WATER
TREATMENT PLANT
H. ADOPT RESOLUTION CALLING FOR A PUBLIC HEARING ON THE
PROPOSED ISSUANCE OF REVENUE NOTES BY THE CITY OF
BLAINE
..
VII. PUBLIC HEARINGS / MEETINGS
A. COMPREHENSIVE GUIDE PLAN UPDATE (Resolution)
B. PRAIRIE CENTER DRIVE MEDICAL BUILDING by Grootwassink Real
Estate Planned Unit Development Concept Amendment on 6.62 acres, Planned
Unit Development District Review with waivers on 6.62 acres, Zoning District
Amendment within the Office District on 3.7 acres, Zoning District Change fiom I-
2 and Rural to Office on 2.92 acres, Site Plan Review on 6.62 acres, Preliminary
Plat of 6.62 acres into two lots. Location: 800 Prairie Center Drive. (Resolution
for PUD Concept Amendment, Ordinance for PUD District Review and
Zoning District Change, and Resolution for Preliminary Plat)
C. MITCHELL CROSSING by MitchelU5, Inc. Planned Unit Development
Concept Amendment on 3.45 acres, Planned Unit Development District Review
with waivers on 3.45 acres, Zoning District Amendment within the Community
Commercial Zoning District on 3.45 acres, Preliminary Plat of 3.45 acres into one
lot, two outlots and road right-of-way. Location: Southeast corner of Mitchell
Road and Martin Drive. (Resolution for PUD Concept Amendment, Ordinance
for PUD District Review and Zoning District Amendment, and Resolution for
Preliminary Plat)
VIII. PAYMENT OF CLAIMS
M. ORDINANCES AND RESOLUTIONS
X. PETITIONS, REQUESTS AND COMMUNICATIONS
A. UPDATE ON MET COUNCIL FAMILY AFFORDABLE HOUSING
PROGRAM
B. GOLDEN TRIANGLE AREA (GTAI CITY WEST LAND USE/TRANSIT
STUDY
CITYCOUNCILAGENDA
March 19,2002
Page 3
XI.
XII. APPOINTMENTS
XIII. REPORTS OF OFFICERS
REPORTS OF ADVISORY BOARDS & COMMISSIONS
A. REPORTS OF COUNCILMEMBERS
1. City Manager Selection
B. REPORT OF CITY MANAGER
C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR
1. Miller Spring Renovation
2. Athletic Program Taskforce
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
XV. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
THURSDAY, MARCH 7,2002 7:OO 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.
11.
111.
ROLL CALL / CALL THE MEETING TO ORDER
Mayor Tyra-Lukens called the meeting to order at 7:OO p.m. All members were present.
PLEDGE OF ALLEGIANCE
COUNCIL FORUM INVITATION
Mayor Tyra-Lukens said the Council Forum has been modified as follows. Council
Forum will be held the first and third Tuesday of the month fiom 6:30 - 7:OO p.m. in the
Council Chamber. Please note that this portion of the meeting is off-camera. The Council
Forum will consist of two parts: scheduled and unscheduled appearances. 6:30 to 6:50
p.m. is reserved for scheduled participants. If you wish to schedule time to visit with the
City Council and Service Area Directors, please notify the City Manager’s office (at 952-
949-8412) by noon of the meeting date with your request. The last 10 minutes of the
Forum, fiom 6:50 to 7:OO p.m. is set aside for impromptu, unscheduled appearances by
individuals or organizations who wish to speak the Council.
Tyra-Lukens noted that the community has been in a hubbub about the visit of President
Bush on Monday. Public Safety was responsible for the planning and logistics to ensure
that the visit went well. She said they did an excellent job and everything went very
smoothly. On behalf of the citizens of the community she wanted to give a big word of
thanks to the Public Safety officers involved in the event.
Mosman thought the visit last Monday was grand and impressive, and it ran like a well-
oiled machine. She said Police Chief Clark told her they started planning on the Monday
prior to the visit and went non-stop until the president arrived. They had help from
surrounding communities and an unknown number of federal staff members. She said the
local representative of the Secret Service proclaimed it a successful event and extended
his compliments to Eden Prairie.
CITYcoUNmB~s
March 7,2002
Page 2
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Luse added items XIII.A. 1. Transition within Management and A.2. Resident’s Letter
of Concern.
MOTION: Case moved, seconded by Butcher, to approve the Agenda as published and
amended. Motion carried 5-0.
V. MINUTES
A. SPECIAL CITY COUNCIL MEETING HELD FEBRUARY 15,2002
MOTION: Butcher moved, seconded by Case, to approve as published the
Minutes of the Special City Council Meeting held February 15,2002. Motion
carried 5-0.
B. SPECIAL CITY COUNCIL MEETING HELD FEBRUARY 16,2002
MOTION: Butcher moved, seconded by Luse, to approve as published the
Minutes of the Special City Council Meeting held February 16,2002. Motion
carried 5-0.
C. CITY COUNCIL WORKSHOP HELD FEBRUARY 19,2002
Case said the last sentence on page 1 should be changed to “The Council in their
discussion expressed leanings towards the following three candidates: Scott Neal,
Mike McGuire, and Steve Mielke.”
MOTION: Butcher moved, seconded by Mosman, to approve as published and
amended the Minutes of the City Council Workshop held February 19,2002.
Motion carried 5-0.
D. CITY COUNCIL MEETING HELD FEBRUARY 19,2002
MOTION: Luse moved, seconded by Case, to approve as published the Minutes
of the City Council Meeting held February 19,2002. Motion carried 5-0.
VI. CONSENT CALENDAR
A. PARKSIDE PLACE by William and Suzette Dupont. 2nd Reading for Zoning
District Change from Rural to R1-22 on 1.3 acres. Location: 18390 Dell Drive.
(Ordinance No. 6-2002 for Zoning District Change)
B. ADOPT RESOLUTION NO. 2002-45 APPROVING FINAL PLAT OF
PIONEER POINT TOWNEIOMES FIRST ADDITION
C. ADOPT RESOLUTION NO. 2002-46 APPROVING FINAL PLAT OF
PIONEER POINT TOWNHOMES 2hD ADDITION
cITYCOUNcIL&~
March 7,2002
Page 3
D. ADOPT RESOLUTION NO. 2002-47 APPROVING FINAL PLAT OF TEIE
PINES AT SETTLERS RIDGE
E. ADOPT RESOLUTION NO. 2002-48 AUTHORIZING EASEMENT
ACQUISITION OF A TRA_TL CORRIDOR IN FEE FOR CRESTWOOD
PARK IMPROVEMENTS AND TEMPORARY CONSTRUCTION
EASEMENTS FOR CRESTWOOD TERRACE UTLITY
IMPROVEMENTS
F. AUTHORIZE AGREEMENT WITH SUMMIT ENVIROSOLUTIONS FOR
UPGRADES TO THE CITY’S WELLFIELD SOFTWARE AND
HARDWARE AND FOR EVALUATION OF PUMPING INTERFERENCE
MOTION: Case moved, seconded by Butcher, to approve Items A-F of the
Consent Calendar. Motion carried 5-0.
VII. PUBLIC HEARINGS / MEETINGS
A. BRYANT LAKE BUSINESS CENTER THIRD ADDITION by Glenborough
Realty Trust, Inc. Planned Unit Development Concept Amendment on 2.37 acres,
Planned Unit Development District Review on 0.6 acres, Zoning District Change
from Regional Commercial to Office on 0.6 acres, Site Plan Review on 0.6 acres,
and Preliminary Plat of 2.37 acres into one lot. Location: 7555 Market Place
Drive. (Resolution No. 2002-49 for PUD Concept Amendment, Ordinance for
PUD District Review and Zoning District Change, and Resolution No. 2002-
50 for Preliminary Plat)
Jullie said official notice of this public hearing was published in the January 3 1
2002, Eden Prairie News and was sent to 29 property owners. He said this is a
simple, straightfornard project that involves a parking lot expansion. The
Community Planning Board voted 7-0 to recommend approval of the project at the
February 11,2002 meeting. He said the developer’s representative was present to
answer questions.
There were no comments fiom the audience.
MOTION: Butcher moved, seconded by Mosman, to close the Public Hearing; to
adopt Resolution No. 2002-49 for Planned Unit Development Concept
Amendment on 2.37 acres; to approve lSt Reading of the Ordinance for Planned
Unit Development District Review and Zoning District Change from Regional
Commercial to Office on 0.6 acres; to adopt Resolution No. 2002-50 for
Preliminary Plat on 2.37 acres into one lot; and to direct Staff to prepare a
Developer’s Agreement incorporating Staff and Board recommendations and
Council conditions. Motion carried 5-0.
B. CRESTWOOD TERRACE AREA STREET AM) UTILITY
IMPROVEMENTS, I.C. 98-5474 (RESOLUTION NO. 2002-51)
3
cITYCOUNclL&~S
March 7,2002
Page 4
Jullie said official notice of this public hearing was published in the February 14
and 21 , 2002, Eden Prairie Nays and was sent to 59 property owners. He said
City Engineer Alan Gray would address the project.
Gray said staff has been studying this project for street and utility improvements
for about four years. This is an existing residential neighborhood of about 47 lots
built in the 1960’s and 70’s with on-site septic systems and wells. He said we
received a feasibility study of the project a couple of weeks ago. Staff conducted
neighborhood meetings while developing the study.
Gray said about two years ago we made some changes to our assessment policy to
put a cap of $19,600 on assessments, with periodic updates to that amount based
on the E&R index. Recently we used that index to raise the maximum to $20,800
for the lateral sewer and water improvements plus the street improvements. He
noted this project is estimated to cost considerably more than the amount raised by
the total assessment.
Gray then reviewed the scope of the project, noting that a unit-benefit philosophy
was used to determine the assessment amounts. He said the project includes a
proposal to put a trail along the rest of Crestwood Drive, and that is a controversial
issue with many of the neighbors. He noted the cost of the project is almost
$800,000, not including the $58,000 for the trail improvements that would be built
at City expense.
Gray reviewed the assessments proposed for the properties included in the project.
He noted that those with septic systems would be excluded for five years. It would
cost an additional $4300 in access fees to connect up to the sewer and water
system. He said this is similar to the Cedar Forest neighborhood that was done a
couple of years ago.
Gray noted the main issue is to look at the project and decide whether to go ahead
with it. The secondary issue is whether to build the additional trail, and that
decision could be deferred.
Mosman asked if there has been a determination as to whether it would be a
bituminous or concrete pathway. Gray responded it was discussed as a bituminous
trail in the original survey made of the residents, but it could be either a trail or a
sidewalk.
Mosman asked if the trail would be built on city-owned right-of-way. Gray said
the street right-of-way is 60 feet wide, and we are proposing the new street to be
28 feet wide. He said one of the concerns residents expressed was whether there
would be a tree loss. He thou&t the trail or sidewalk could be put in without
having to take out any trees.
Luse asked how Gray arrived at the total $21,320 assessment for most of the lots
involved. Gray said the total includes the cap of $20,800 plus the trunk fee of
$520.
4
CITYC0UNClLbD"ES
March 7,2002
Page 5
Luse asked Gray to explain the parcels that will be assessed as four units and three
units respectively. Gray explained the location and rational for the unit assessment
of those parcels.
Luse then asked what the assessment would be for Lot 53. Gray said that is the
Marshall property that was assigned a subtrunk benefit as 30 Units. The total
amount for that property would be $172,596 less a credit for capped amount for
the existing home, or a total of $167,659 for that property.
Luse asked if the sidewalk or trail were to be built, would it be part of the
assessment. Gray said the trail would not be part of the assessment.
Butcher asked whether the street might remain at 32 feet in lieu of the trail or
sidewalk. Gray said the existing street is 32 feet, and he was not sure why it was
built that wide. It may have been considered a residential collector street when it
was built, however, it is a normal residential street that should be 28 feet in width.
He noted some of the residents prefer a 32-foot roadway, but staff believes that 28
feet is adequate.
Case asked if any of the costs would be deferred until subdivision for Lots 48,49
and 53. Gray said they would be deferred with interest in accordance with ow
assessment policy.
Luse asked if we have a policy regarding areas that are redeveloped in the City.
Gray said we look at each project as it comes in and make recommendations
through a review process. Lambert noted there is a City policy on trails and,
depending on through streets, we recommend either a sidewalk on both sides or an
8-foot wide trail where we think there is enough traffic. Lambert said we try to
provide trails to allow access to parks, to the bus systems and to other trail
systems.
Tyra-Lukens asked if we have ever retrofitted a neighborhood for sidewalks. Gray
said we did that in Cedar Forest. He said we have usually not included the trails as
part of the project. Tyra-Lukens noted that trails are also for people going through
the neighborhood using the trails.
Bert Skatrud, 9810 Crestwood Terrace, said the proposed project will cut down
the size of the cul-de-sacs, and he was not sure everyone was aware of that. Gray
said the existing cul-de-sacs are 100 feet in diameter, and our standard is 80 feet.
Staff is proposing that we construct the new cul-de-sacs at 80 feet, which would
be adequate for snow removal and more reasonable fiom a cost standpoint.
Skatrud said he has been here since 1974, at which time the street was a gravel
road coming in from Pioneer Trail. He said they had to pay for the 32-foot wide
street to be paved.
Matt Haley, 9656 Crestwood Terrace, said he was in favor of the sewer and water.
He said he is gening a lot of the trail going through on his property, and it will
5
cITYc0m~R”uTEs
March 7,2002
Page 6
make his driveway very steep. He noted realtors have said the value of properties
will go down. He asked why we couldn‘t connect at another point and not have the
trail go through their neighborhood. He liked the idea of keeping the 32-foot wide
street and not putting in a trail. He didn’t think the City should spend the $58,000
to build the trail.
Steve Rasmussen, 9820 Crestwood Terrace, was in favor of the 32-foot wide street
in lieu of the bike trail. He said, whether right or wrong, the kids will cut through
the properties to get to the park. He didn’t think the kids would use the bike trail.
He also liked the larger cul-de-sacs.
Tyra-Lukens asked what the additional cost would be to do a 32-foot wide road
and whether it would be more than the cost of a trail. Gray said it would probably
be a little more, especially including the cul-de-sacs, since the street has a thicker
construction than a trail. He said there is an additional cost to maintain the streets
over their life cycle. He noted we want to make decisions about streets based on
their use for transportation, not as a play area. He thought we should have another
informational meeting with the neighborhood to discuss some of the issues raised
about street width, cul-de-sacs and trails.
Case asked if the incremental cost of the cul-de-sacs is in the ball area. Gray said
that was true. He said 80-foot cul-de-sacs are quite large, but the 100-foot
diameter is what the neighborhood is used to. Case noted there would be about
44% more pavement for 100-foot wide cul-de-sacs. Gray said it would cost about
$6,000 to $7,000 per cul-de-sac for materials.
Case said he understood that cul-de-sacs are not playgrounds, but we are also
trylng to emphasize the concept of neighborhoods and the use of cul-de-sacs for
play helps promote that concept.
Luse said he did not understand why we would not require the same kind of
pedestrian access through every redevelopment of an infrastructure just as we do
in a new development. He understood the alternatives here would be to walk on
the neighbors’ yards or walk on the street. Gray said, from a staff perspective, that
is why we recommend a trail or sidewalk. He said if this were coming through as a
new project, we would recommend a trail or sidewalk.
Lambert said that is our City policy, and that is what we always recommend. He
said it is up to the Council whether to do it in this case. He said staff will always
recommend trails be put in, if only for the purpose of safety. He said there are
always concerns about lowering property values, but a study done several years
ago of six different neighborhoods comparing homes that sold with trails next to
them and those with no trails showed there was no difference in sale prices. He
said once the trail system and the parks were completed, the value was increased.
Butcher thought this is an important issue. She had some other concerns for the
residents that live on the cul-de-sacs and have to walk down either side to access
the park. She asked if we could put a small trail to provide access to the park. She
cTTycouNclLR3INuTEs
March 7,2002
Page 7
thought it would be a good idea to turn this back to the neighborhood and have
them discuss it among themselves. Gray agreed it would be good to hold another
neighborhood meeting as we go into the design process. Butcher thought the
issues have been outlined tonight, and there would be enough information to have
a new discussion.
Tyra-Lukens said one of the issues is building a 28-foot wide street or a 32-foot
wide street. She asked if we could go into the design process before we make a
decision on the street width. Gray said we could.
Mosman said she is envious of cul-de-sacs. She thought they would still be used
even if they were 80-feet wide. She thought the safety of a trail is undeniable. She
asked we ever consider having the street 32-feet wide with the trail painted off and
whether that would be as safe. Lambert said back in the mid-70's the City formed
a bike task force with members from all over the city to talk about the trail issue.
He said the conclusion was that a four-inch wide painted line wouldn't stop a car
from hitting a kid, so we have always gone with separated trails or sidewalks in
Eden Prairie.
Luse thought we should spend more time on the different issues. He thought this is
a safety issue and is not about the dollars. He suggested in the future we have
more tools or guidelines available so that these kinds of issues are discussed up
front. He also thought there might be a way to provide a path to the park.
Tyra-Lukens said there are two issues: the primary issue to go ahead with the
project, and the secondary issue of the trail and the road width.
Don Rasmussen, 9696 Crestwood Terrace, said he filled the survey out but there
was no envelope or address available to send it. His question is how does the trail
tie into the park system as it exists today. He said this is an existing neighborhood,
and he thought it would be somewhat different than a new development. He asked
what the effect of the 8-foot trail would be on the water runoff.
Gray said the survey results had 20 in opposition to the trail and nine who were in
favor of a trail or sidewalk. He said the trail would mean there was slightly more
impervious surface, but the real question is are we going to provide a pedestrian
facility.
Sheila Johnson, 9695 Crestwood Terrace, said her understanding was that there
was a survey of residents regarding the sewer and water project, and it was voted
down. She wanted to know how many of the 49 residents wanted the project. Gray
replied there was a survey a couple of years ago, and there were more people in
favor of having the sewer and water brought in than not. He said there was no
survey done recently to poll those in favor of the sewer and water.
Case said during the last two years the Council has had workshops with the Public
Works director to discuss the issue whether we, as a developing suburban city,
want to adopt a plan to connect 100% of our homes to the City sewer system. He
ClTYcOmmR~s
March 7,2002
Page 8
said it becomes more difficult to get the remaining percentage of the city
connected, but the Council made the decision that it was eventually to get the
entire city in compliance with sewer and water. He noted that what the
neighborhood wants is very important for us to hear, but we, as a Council of a
suburban city, made a decision that every home should have city sewer and water.
Butcher said she remembered that discussion, but remembered that there was
impetus by the County to require us to get all of the property in Eden Prairie
connected to sewer and water. She said this is something we really have to do.
Gene Heir, 9816 Crestwood Terrace, was concerned with the bike trail or path. He
thought it would be costly for the properties on the cul-de-sacs. He asked how it
would be constructed along the curve of the cul-de-sac, because he thought the
trail was meant to be a path with no interruption in the trail by traffic. Grey
responded they would bring the trail up to the curb on the cul-de-sac, and people
would walk on the street across the end of the cul-de-sac.
Heir asked who would be responsible for maintenance of the trail. Lambert said
the City is responsible for clearing a trail or sidewalk, but the City does not
commit to clearing all of the sidewalks because we have only one vehicle for
sidewalk clearing. We clear only those sidewalks that lead to bus stops.
John Kustritz, 9824 Crestwood Terrace, said he spoke to the affirmative in order
to move forward with the project to bring City sewer and water to the
neighborhood. He said the septic systems and wells in the neighborhood are
getting old, and if the project is delayed, the neighbors are at some financial risk.
He said he certainly wanted to have the water brought in, and he thought we could
work out the other issues. He said this is a fairly large economic expense for the
neighborhood, but it is already more expensive because of the increased cap.
MOTION: Mosman moved, seconded by Butcher, to close the public hearing and
to adopt Resolution No. 2002-5 1 ordering Crestwood Terrace Street and Utility
Improvements with the understanding that Staff will continue to hold neighborhood
meetings to discuss the issues of the planned trail system and the width of the street
and cul-de-sacs.
Case thought the Council should offer some direction for Mr. Gray as he goes back
to the neighborhood to discuss the issues brought up tonight. He believes any
neighborhood that has a road through it owes a certain responsibility to
neighborhoods on the other sides. He thought this is an opportunity to connect
neighborhoods. Our bikehail system is a big amenity, and this is a very important
issue when we come into a neighborhood like this. He liked the trail, but he
understood there are complications and it might be wise to make the impact less on
the south side where the trail is planned. He thought we also need to look at things
like putting a connection between two lots to connect to the park because the park
serves a one-mile area in the community. He thought the 28-foot road makes sense
with a trail, but staff needs to work with the neighborhood on that.
8
cITYcoTJNmR.ilINuTEs
March 7,2002
Page 9
Luse said he had three points to make: 1) Any surveys done in the future should
include a return envelope; 2) Because of the cost involved, we should not put in the
lot line pathway; 3) He would like to see an amendment to the motion regarding the
trail system, since it should be a part of the project as a precedent for future
projects.
Case thought we could make the trail system a condition of the motion. He thought
we might want to leave it up to the people in the neighborhood whether they want a
trail to lead to the park, but he thought we should consider access to the parks in
fbture projects.
Rosow said the engineering department could go ahead with plans and
specifications once the motion has passed, and the motion could include a condition
regarding working out the details of the proposed trail system and the width of the
street and cul-de-sac.
Tyra-Lukens asked about the logistics of the trail going around Mr. Haley’s
property. Gray said we would work those design details out with individual
property owners.
The consensus was to include the condition regarding further discussions with the
neighborhood about the trail system and the width of the street and cul-de-sac.
VOTE ON THE MOTION: Motion carried 5-0.
C. 2001 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
(CDBG) RECOMMENDATIONS (RESOLUTION NO. 2002-52)
Jullie said official notice of this public hearing was published in the January 24,
2002, Eden Prairie News. The purpose of this hearing is for the City Council to
review and approve the annual allocation of CDBG funds. These hds come fiom
the Federal Government through Hennepin County. The amount to be allocated for
this year is $234,000. The City review committee which is made up of staff from
several of the service areas has reviewed the needs and the priorities as set by
Hennepin County and have recommendations for the Council on how the funding
would be distributed. He said David Lindahl was present to answer questions.
Case noted these numbers seem similar to those presented in the last few years.
MOTION: Butcher moved, seconded by Luse, to adopt Resolution No, 2002-52
approving the use of funds for the 2002 Urban Hennepin County Community
Development Block Grant (CDBG) program as recommended by the Human
Services Review Committee (HSRC). Motion carried 5-0.
Mosman asked Mr. Lindahl to review how we get our money for this program.
Lindahl said it is based on a formula that looks at population, poverty level and
housing in the City. Butcher noted we review all the needs and how we meet the
needs.
4
cITYCOuN~R-1IINZTTEs
March 7,2002
Page 10
VIII.
IX.
D. PROPOSED ISSUANCE OF MIJLTIFAMILY HOUSING REVENUE
BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$26,500,000 FOR THE HEIGHTS AT VALLEX VJEW PROJECT
Jullie said this item was scheduled some time ago but, because of some issues
raised at the Planning Board by the neighbors and Commission members, the
developer has requested that we continue this to our April 16 meeting.
Luse stated he would not comment on this project and would abstain from voting
on the issue. He said the same holds true for item E. A.
MOTION: Butcher moved, seconded by Case, to continue the Public Hearing
until the April 16,2002 City Council meeting. Motion carried 4-0-1, with Luse
abstaining.
Case asked if the issues raised were regarding Section 8 housing. Lindahl said the
proposal was for 20% affordable housing, but we are using other forms of public
financing that would be at least 33%. Case thought there was some confixion
regarding the words “at least.” He said scattered site has been a prominent issue,
and we have tried not to cluster the affordable housing units.
Lindahl said this is the model we would prefer to a model that is all affordable
because we prefer to scatter the units throughout the development. He noted we
have had this discussion many times. We kept this project at 32 units, but part of
the issue is that it was financed by tax credits.
PAYMENT OF CLAIMS
MOTION: Case moved, seconded by Butcher, to approve the Payment of Claims. The
motion was approved on a roll call vote, with Butcher, Case, Luse, Mosman, and
Tyra-Lukens “aye.”
ORDINANCES AND RESOLUTIONS
A. RESOLUTION NO. 2002-53 CALLING FOR A PUBLIC HEARING APRIL
16,2002, TO CONSIDER ESTABLISHING A TAX INCREMENT (TIF)
DISTRICT FOR HOUSING (THE HEIGHTS AT VALLEY VIEW)
Jullie said the purpose for establishing the proposed TIF District is to help finance
the construction of 67 workforce (affordable) rental units on a site located at Valley
View Road and Flying Cloud Drive in the Golden Triangle. A resolution calling for
a public hearing to consider establishing a new TIF district must be passed by the
Council before an actual hearing is held. Staff is proposing that April 16 be set as
the date for a public hearing on this matter.
MOTION: Butcher moved, seconded by Mosman, to adopt Resolution No. 2002-
53 calling for a public hearing April 16,2002 to consider establishing a new Tax
Increment Financing district. Motion carried 4-0-1, with Luse abstaining.
cI[TycomcIL&~
March 7,2002
Page 11
X. PETITIONS, REQUESTS AND COlWMUNICATIONS
A. REQUEST FOR 42-INCH WIDE GRAVE MARI(ER AT PLEASANT
HILLS CEMETERY
Jullie said the City owns and operates the Pleasant Hills cemetery. The rules and
regulations regarding the operation of the cemetery include several restrictions on
the markers.
Richard Biniek reviewed his request to put a 42-inch wide marker at his wife's
gravesite.
Case asked if the material for the markers is an issue. Stu Fox replied we do not
stipulate whether the markers should be granite or bronze. Our concern is that the
larger the marker, the more potential there is for damage. He said all markers are
put into a concrete apron.
Butcher was concerned about uniformity. Fox said this grave site is in Section 3,
and that section has 64 markers, nine of which are 36" and two of which are 42."
Tyra-Lukens asked if the Council gave the larger ones variances at the time. Fox
said the 36" markers have been placed after the date that the City was given the
deed to the cemetery. Since the monument company sets the markers, we don't see
them until we get into some situation like this. Fox said none of the markers over
30" were approved by the City except for the Hodge marker.
Luse said he feels strongly that our ordinances are very important. We have some
precedent in these issues, and he thought it was unfair to staff to have to put all this
information together where we would be making a decision based on a previous
Council's decision or that of a prior organization. He thought we need to deal with
this based on respect for the fact that it is a cemetery.
Case asked if the funding for care is enough to cover damage to head stones.
Lambert said it is funded enough to cover the cost of digging the grave, burying it,
and maintaining it. We do not have funds to replace gravestones. He said other
cemeteries have similar rules. If we want to allow the exception for a larger
gravestone and there is a danger of it being damaged, he thought we would want to
provide an option to increase the funding. He said staff recommends that the
Council go with the 36" marker as a new maximum, and make that the rule so that
we don't have to come in every six months or so to deal with similar requests.
Case agreed we are making policy for the cemetery by the seat of our pants year by
year, and he understood the need to be more consistent. He wanted to know what is
the history of damage to 36" and 42" markers. He thought the more consistent we
become the better, so he would be comfortable with a consistent 36" policy.
Butcher thought we might want to have a lengthy discussion about this at a
workshop meeting instead of making a decision tonight.
cITYcouN~R~s
March 7,2002
Page 12
Luse thought we ought to have such a meeting, but he thought we have allowed a
number of 36” markers and have allowed some 42” markers to go in. He thought
we have quite a lot of precedence in this situation.
Luse asked Biniek if he would be comfortable with funding the extra expense for
damage. Biniek said it was $1700 for the marker, and he would be willing to fimd
that.
Mosman noted the only time we allowed the exception was for the one 42” marker.
Luse thought we have set precedents by not doing something about the 36” markers
that were placed after we took over the operation of the cemetery.
MOTION: Luse moved, seconded by Case, to approve the request to install a 42
inch marker by Richard Biniek as an exception and based on a revision to the
Cemetery Rules and Regulations fee structure that will allow the installation of a
42 inch marker (maximum) provided that a fee is paid to the City equal to the cost
of the marker &d its installation and which will be placed in escrow to fund any
future damage to the marker.
Case said there are aspects of this that he is comfortable with, but the $1700 in
escrow didn’t make him comfortable because there are other instances where the
marker could break. There is a potential for ongoing breakage. He agreed with
Butcher that we need to tighten this so that the “cemetery board” does not have to
convene as often.
Butcher said she wanted to state that we made the exception last time because of
the three names on the stone. She thought we need to go back and review that
when we have a workshop.
Tyra-Lukens asked Biniek the reason for his request for a variance. Biniek said he
wants a memorial for his wife.
Luse asked if we meant to include installation costs. Fox said staff recommends
the cost of the marker and installation because we currently do not set markers out
there.
VOTE ON THE MOTION: Motion carried 5-0.
Tyra-Lukens directed staff to set a workshop to finalize this issue. Case asked
staff to bring data about Eden Prairie Cemetery and other cemeteries in our price
range.
XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XII. APPOINTMENTS
A. BOARDS AND COMMISSIONS
cITYcomcIL&m
March 7,2002
Page 13
Tyra-Lukens noted there were 19 applicants for Boards and Commissions this
year.
1. Communitv Planning Board
MOTION: Butcher moved, seconded by Case to appoint to the
Community Planning Board Ken Brooks, Vicki Koenig, and David
Steppat - Terms to expire 3/31/2005. Motion carried 5-0.
2. Board of Appeals and Adiustments
MOTION: Case moved, seconded by Butcher to appoint to the Board of
Appeals &Adjustments Cliff Dunham, Michael O’Leary, Randy Stroot
and Anthony Ramunno - Terms to expire 3/3 1/2005. Motion carried 5-0.
3. Heritage Preservation Commission
MOTION: Mosman moved, seconded by Case, to appoint to the
Heritage Preservation Commission Jennie Brown, Kati Simons and Elise
Kist - Terms to expire 3/3 1/2005. Motion carried 5-0.
4. Human Rights and Diversity Commission
MOTION: Butcher moved, seconded by Mosman, to appoint to the
Human Rights and Diversity Commission Balu Iyer and Jeffiey Strate -
Terms to expire 3/3 1/2005. Motion carried 5-0.
5. Art and Culture Commission
MOTION: Mosman moved, seconded by Case to appoint to the Art &
Culture Commission Ann Birt - Term to expire 3/3 1/2003; Susan
Dickman and Cari Grayson - Terms to expire 3/3 1/2004; Dianne Fesler
and Freinde Mills - Terms to expire 3/3 1/2005. Motion carried 5-0.
6. Parks, Recreation and Natural Resources Commission
MOTION: Luse moved, seconded by Case, to appoint to the Parks,
Recreation and Natural Resources Commission Dick Brown, Munna
Yasiri, Philip Wright, Rob Barrett, Kim Teaver - Terms to expire
3/3 1/2003; Therese Benkowski, Jeffiey Gerst, David Larson, and Trisha
Swanson - Terms to expire 3/3 1/2004. Motion carried 5-0.
B. BOARD OF EQUALIZATION AND APPEALS
Jullie said this Board is constituted to review appeals of our assessments. He said
the members are citizen volunteers that are active and knowledgeable in the real
estate market. The members are recruited by the City Manager and City Assessor
and appointed annually with conknation by the City Council.
I3
clTYcomcILI\.IIIvuTEs
March 7,2002
Page 14
MOTION: Case moved, seconded by Butcher, to appoint to the Board of
Equalization and Appeals Mike Best, Judy Ilstrup, Doug Malam, Annette
O’Connor, and Patricia Pidcock. Motion carried 5-0.
B. 2002 CHAlRSMCE CHAIRS OF THE BOARDS AND COMMISSIONS
Jullie said the Chairs and Vice Chairs are appointed annually by the City Council
following the appointment of members to City Boards and Commissions.
MOTION: Case moved, seconded by Butcher, to appoint Frantz Corneille -
Chair and Ray Stoelting - Vice Chair of the Community Planning Board. Motion
carried 5-0.
MOTION: Mosman moved, seconded by Luse, to appoint Cliff Dunham - Chair
and Louis Giglio -Vice Chair of the Board of Appeals and Adjustments. Motion
carried 5-0.
MOTION: Butcher moved, seconded by Case, to appoint Lori Peterson--Benike
- Chair and Art Weeks - Vice Chair of the Heritage Preservation Commission.
Motion carried 5-0.
MOTION: Mosman moved, seconded by Butcher, to appoint Munna Yasiri -
Chair and Dick Brown - Vice Chair of the Parks, Recreation and Natural
Resources Commission. Motion carried 5-0.
MOTION: Luse moved, seconded by Butcher, to appoint Harry Moran - Chair
and Philip Young - Vice Chair of the Human Rights and Diversity Citizen
Advisory Commission. Motion carried 5-0.
MOTION: Case moved, seconded by Mosman, to appoint Diane Fessler - Chair
and Susan Dickman - Vice Chair of the Arts and Culture Commission. Motion
carried 5-0.
MOTION: Butcher moved, seconded by Luse, to appoint Patricia Pidcock -
Chair and Mike Best - Vice Chair of the Board of Equalization and Appeals.
Motion carried 5-0.
XIII. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Lase - Transition within Manapement
Luse said he would be like to get some direction and support in trying to
organize the work on doing something to show our appreciation for Mr.
Jullie’s returning to take on the role of Acting City Manager. He said
Councilmember Case has indicated a willingness to work with us on this.
CITY COUNCIL^
March 7,2002
Page 15
Luse thought there should be a Staff liaison to help plus two to four
residents of the community that he would be willing to recruit.
Tyra-Lukens said Councilmember Luse will recruit the residents, and staff
will provide a liaison to help the committee.
2. Luse - Resident’s Letter of Concern
Luse said he had received a letter fiom a resident regarding a particular
project and he did not recognize the project. Jullie replied it is Mr.
Hustad’s project that is just starting in the process. .
B. REPORT OF CITY MANAGER
C.
D.
REPORT OF PARKS AND RECREATION SERVICES DIRECTOR
REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL
SERVICES DIRECTOR
E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR
F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR
G.
H. REPORT OF CITY ATTORNEY
REPORT OF MANAGEMENT SERVICES DIRECTOR
XIV. OTHER BUSINESS
XV. ADJOURNMENT
MOTION: Mosman moved, seconded by Case, to adjourn the meeting. Motion carried
5-0. Mayor Tyra-Lukens adjourned the meeting at 9:25 p.m.
I SECTION: Consent Calendar
ITEM DESCRIPTION:
Police / C.O.P. Unit
These licenses have been approved by the department heads responsible for the licensed activity.
Gambling - Bingo
Organization: Eden Prairie Lions Club
Place: Round Lake Park
Date: May 31, June 1 & 2,2002
-1-
CITY COUNCIL AGENDA
SECTION: Consent Agenda
SERVICE AREADMSION:
Community Development
Donald R. Uram
Scott A. Kipp
ITEM DESCRIPTION:
BP Amoco
DATE: 03/19/02
ITEM NO.:
ZI-Bl
Requested Action
Move to:
0 Approve 2nd Reading of the Ordinance for PUD District Review with waivers, Zoning
District Change fiom Neighborhood Commercial to Community Commercial on 1.4 acres,
and Zoning District Amendment within the Community Commercial District on 1.05 acres;
and
Adopt the Resolution for Site Plan Review; and
Approve the Developer’s Agreement for BP Amoco and Supplement to Developer’s
Agreement for Eden Prairie Auto Center
Synopsis
This project is for a 4,366-sq. ft. BP Amoco to replace the existing Amoco/Amolube on the
property, and a reconfigured Eden Prairie Auto Center site to the south. The project is located
south of Anderson Lakes Parkway between Highway 212 and Aztec Drive.
Background Information
The plans have been revised to incorporate a pedestrian trail connection fiom the public trail
along Anderson Lakes Parkway to the building.
Separate Developer’s Agreements have been prepared for BP Amoco and Eden Prairie Auto
Center to address the speeific development requirements for each site, which make up the
project.
Attachments
1. Ordinance for PUD District Review with waivers, Zoning District Change and Zoning
District Amendment
2. Resolution for Site Plan Review
3. Developer’s Agreement for BP Amoco
4. Supplement to Developer’s Agreement for Eden Prairie Auto Center
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2002--
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR BP AMOCO
BY BP PRODUCTS NORTH AMERICA
- .- -
BPAMOCO -
WHEREAS, BP Products North America, Inc. has applied for Site Plan approval of BP
Amoco on 2.45 acres for construction of a 4,300 square foot BP Amoco Convenience Store to
be zoned in the Community Commercial District on 2.45 acres by an Ordinance approved by the
City Council on March 19,2002, and
WHEREAS, the Community Planning Board reviewed said application at a public
hearing at its January 14,2002 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
February 5,2002, meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to BP Products North
America, Inc. for the construction of a 4,300 square foot BP Amoco Convenience Store, based
on plans dated January 9, 2002, between BP Products North America and the City of Eden
Prairie.
ADOPTED by the City Council March 19,2002.
3ancyTyra-LukensY Mayor
ATTEST:
Kathleen A. Porta, City Clerk
- -. BPAMOCO -
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
--
ORDINANCE NO. 5-2002-PTJD-3-2002
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, MTNNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
“land”) is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed f?om the
Neighborhood Commercial Zoning District on 1.4 acres and amended within the Community
Commercial Zoning District on 1.05 acres, and be placed in the Planned Unit Development
Community Commercial Zoning District 5-2002-PUD-3-2002 (hereinafter ”PUD-5-2002-C-
Com”) .
Section3. The land shall be subject to the terms and conditions of certain
Developer’s Agreements dated as of March 19, 2002, entered into between BP Products North
America, Jnc, and the City of Eden Prairie, and Westbrook Development and the City of Eden
Prairie (hereinafter “Developer’s Agreements”). The Developer’s Agreements contain the terms
and conditions of PUD-5-2002-C-Com7 and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-5-2002-C-Com is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-5-2002-C-Com is designed in such a manner to form a desirable and unified
environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-5-2002-C-Com are justified by the design of the
development described therein.
3
D. PUD-5-2002-C-Corn is of sufficient size, composition, and arrangement that its
constmction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
-
Section5 The proposal is hereby adopted and the land shall be, and hereby is
removed &om the Neighborhood Corrmiercial District, and placed in the Community
Commercial Zoning District on 1.4 acres, and amended within the Community Commercial
Zoning District on 1.05 acres, and shall be included hereafter in the Planned Unit Development
PUD-5-2002-C-Com and the legal descriptions of land in each district referred to in City Code
Section 11.03, subdivision 1 , subparagraph By shall be and are amended accordingly.
Section6. City Code Chapter 1 entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled
“Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section7. This Ordinance shall become effective fiom and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
5th day of February, 2002, and fhally 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 March,
2002.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
Exhibit A
BP Amoco
Legal Descriptions:
e-
Zoning District Chanpe from Neiphborhood Commercial to Communitv Commercial
Lot 1, Block 1, ANDERSON LAKES COMMERCN CENTER 2m ADDITION, Hemepin
County, Minnesota.
Zoning District Amendment within the Communitv Commercial Zoning; District
That part of OUTLOT A, ANDERSON LAKES COMMERCIAL CENTER 2ND ADDITION,
lying Northerly of the Northerly line of OUTLOT B, ANDERSON LAKES COMMERCIAL
CENTER 3m ADDITION and Easterly of the Northerly extension of the West line of said
OUTLOT By Hemepin County, Minnesota.
5
=-
CITY OF EDEN PRAlRTE
HEN” COUNTY, MINNESOTA
BPAMOCO .
SUMMARY OF
ORDINANCE NO. 5-2002-PUD-3-2002
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTIUCT 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:
sum mar^: This ordinance allows rezoning of land located at the southeast corner of
Highway 212 and Anderson Lakes Parkway fkom the Neighborhood Commercial Zoning District
to the CommUnity Commercial Zoning District on 1.4 acres, and amending of land within the
Community Commercial Zoning District on 1.05 acres. Exhibit A, included with this Ordinance,
gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
Exzu'bit A
BP Amoco
Legal Descriptions:
c-
ZoninP District Chanpe from Neiphborhood Commercial to Community Commercial
Lot 1, Block 1, ANDERSON LAKES COMMERCIAL CENTER 2ND ADDITION, Hemepin
County, Minnesota.
Zoning District Amendment within the Community Commercial Zoninp District
That part of OUTLOT A, ANDERSON LAKES COMMERCIAL, CENTER 2ND ADDITION,
lying Northerly of the Northerly line of OUTLOT By ANDERSON LAKES COMMERCIAL
CENTER 3RD ADDITION and Easterly of the Northerly extension of the West line of said
OUTLOT By Hemepin County, Minnesota.
-
DEVELOPER'S AGREEMENT'
BP AMOCO
THIS AGREEMENT is entered into as of March 19, 2002, by BP Products North
American Inc., a Maryland corporation, fMa Amoco Oil Company, 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 fiom Neighborhood
Commercial to Community Commercial' on 1.4 acres, Planned Unit Development Concept
Amendment on 2.45 acres, Planned Unit Development District Review with waivers on 2.45
acres, Zoning District Change fiom Neighborhood Commercial to Community Commercial on
1.4 acres, Zoning District Amendment within the Community Commercial Zoning District on
1.05 acres, Site Plan Review on 2.45 acres, and Preliminary Plat of 2.45 acres into two lots and
road right of way, legally described on Exhibit A-1, attached hereto and made a part hereof. For
purposes of this Agreement, the "Property" (1.4 acres) is legally described in Exhibit A-2;
.
NOW, THEREFORE, in consideration of the City adopting Resolution No. 2002-33 for
Guide Plan Change, Resolution No. 2002-32 for Planned Unit Development Concept
Amendment, Ordinance No. for Planned Unit Development District Review and
Zoning District Change fiom Neighborhood Commercial to Community Commercial on 1.4
acres and Zoning District Amendment within the Community Commercial Zoning District on
1.05 acres, Resolution No. for Site Plan Review, and Resolution No. 2002-34 for
Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials
revised and stamp dated January 9,2002, reviewed and approved by the City Council on
February 5, 2002, (hereinafter the "Plans") and identified on Exhibit By subject to such
changes and modifications as provided herein.
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
3. CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to release of the
final plat for the Property, Developer shall submit a cross access and maintenance
agreement with the property owner to the south for review by the City Engineer for the
shared access to the Property as depicted in Exhibit B. This Agreement shall address
joint vehicle access and maintenance.
Prior to the issuance of a building permit for the Property, Developer shall submit to the
City Engineer proof that the cross access and maintenance agreement has been recorded
in the Hennepin County Recorder's OfficeRegistrar of Titles' Office.
4. CROSS PARKING AND MAINTENANCE AGREEMENT: Prior to release of the
final plat for the Property, Developer shall submit a cross parking and maintenance
agreement with the property owner to the south for review by the City Engineer for the
four parking stalls for use by property owner to the south as depicted in Exhibit B. This
Agreement shall address parking and maintenance.
Prior to the issuance of a building permit for the Property, Developer shall submit to the
City Engineer proof that the cross parking and maintenance agreement has been recorded
in the Hennepin County Recorder's OfficeRegistrar of Titles' Office.
5. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Land construction thereon or failure to fulfill
an obligation imposed upon the Developer pursuant to this Agreement, City 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
occupmcy on the Land while such a violation is continuing, unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City
Manager of the City or a designee.
6. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release, defend and indemnify City, its elected and appointed officials, employees and
agents fiom 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.
7. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit
to the City Planner, and receive the City Planner's written approval of a plan depicting
exterior materials and colors to be used on the buildings on the Property.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit C, attached hereto.
8. GRADING, DRAINAGE, AND EROSION CONTROL PLANS:
A. F"AL GRADING AND DRAINAGE PLAN: Developer agrees that the
grading and drainage plan contained in the Plans is conceptual. Prior to the
release of a land alteration permit for the Property, Developer shall submit and
obtain the City Engineer's Written approval of a final grading and drainage plan
for the Property. The final grading and drainage plan shall include all wetland,
wetland buffer strips, wetland buffer monument locations, water quality ponds,
4
storm water detention areas and other items required by the application for and
release of a land alteration permit. All design calculations for storm water quality
and quantity together with a drainage area map shall be submitted with the final
grading and drainage plan. Prior to release of the grading bond, Developer shall.
certify to the City that the water quality pond conforms to the final grading plan.
Developer shall employ the design professional who prepared the final grading
plan. The design professional shall monitor construction for conformance to the
approved final grading plan and City erosion control policy. The design
professional shall provide a final report to the City certifying completion of the
grading in conformance the approved final grading plan and City erosion control
policy.
B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit,
Developer shall submit to the City Engineer and obtain City Engineer's written
approval of an erosion control plan for the Property. The erosion control plan
shall include all boundary erosion control features, temporary stockpile locations
and turf restoration procedures: All site grading operations shall conform to the
City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part
hereof. Prior to release of the grading bond, Developer shall complete
implementation of the approved plan.
'
Developer shall remove any sediment that accumulates in the existing and/or
proposed sedimentation pond during construction. Upon request by the City,
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 the Property.
The irrigation plan shall be designed so that water is not directed on or over public trails
and sidewalks.
Developer shall complete implementation of the approved irrigation plan in accordance
with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for
the Property.
10. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to
the City Planner and receive the City Planner's written approval of a final landscape plan
for the Property. The approved landscape plan shall be consistent with the quantity, type,
and size of plant materials shown on the landscape plan on the Plans. Developer shall
furnish to the City Planner and receive the City Planner's approval of a landscape bond
equal to 150% of the cost of said improvements as required by City Code.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved landscape plan in accordance with the terms and
conditions of Exhibit C.
11. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City
Planner, and receive the City Planner's written approval of a plan for screening of
mechanical equipment on the Property. For purposes of this paragraph, "mechanical
equipment" includes gas meters, electrical conduit, water meters, and standard heating,
ventilating, and air-conditioning units. Security to guarantee construction of said
screening shall be included with that provided for landscaping on the Property, in
accordance with City Code requirements. Developer shall complete implementation of
the approved plan prior to issuance of any occupancy permit for the Property.
If, after completion of construction of the mechanical equipment screening, it is
determined by the City Planner, in his or her sole discretion, that the constructed
screening does not meet the Code requirements to screen mechanical equipment fiom
public streets and differing, adjacent land uses, then the City Planner shall noti@
Developer and Developer shall take corrective action to reconstruct the mechanical
equipment screening in order to cure the deficiencies identified by the City Planner.
Developer agrees that the City will not release the security provided until Developer
completes all such corrective measures.
12. PRETREATMENT PONDS: Prior to final plat approval on the Property, 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 the
Property.
Developer shall complete implementation of the approved storm water quality facility
plan prior to issuance of any occupancy permit for the Property.
Prior to issuance of any certificate of occupancy for the Property, Developer shall provide
to the City Engineer upon request, proof that the pond size has not diminished fkom 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,
13. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City
Code requirements within the Community Commercial District through the Planned Unit
Development District Review for the Property and incorporates said waivers as part of
PUD A
A. Lot size of 1.43 acres. City Code requires a minimum lot size of 5 acres.
B. Lot dimension of 220 feet wide and 287 feet deep. Code requires a minimum lot
width and depth of 300 feet.
C. Zero foot side yard setback to parking. City Code requires 10 feet.
D. Existing pylon sign setback of 14 feet. City Code requires 20 feet.
14. RETAINING WALLS: Prior to issuance by the City of any permit for grading or
construction on the Property, Developer shall submit to the Chief Building Official, and
obtain the Chief Building Official's written approval of detailed plans for the retaining
wds 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 Cy attached hereto, prior to issuance
of any occupancy permit for the Property.
15. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie
City Code, Section 11.70, Developer shall file with the 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.
16. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City
Planner and receive the City Planner's written approval of a plan for site lighting on the
Property. All pole lighting shall 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 the Property.
17. TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the
City Planner's written approval of a plan for the design and construction of the outside
trash enclosure for the Property. This trash enclosure shall be constructed with face brick
to match the building, include a roof, and heavy duty steel gates that completely screen
the interior of the enclosure. Developer shall complete implementation of the trash
enclosure plan prior to issuance of any occupancy permit for the Property.
18. TREE LOSS - TREE REPLACEMENT: There are 218 diameter inches of significant
trees on the Property. Tree loss related to development on the Property is calculated at
202 diameter inches. Tree replacement required is 248 caliper inches. Prior to the date
hereof, Developer has submitted to the City Forester a tree replacement plan, and prior to
the issuance of any grading permit for the Property, Developer must receive the City
Forester's written approval of a tree replacement plan for 248 caliper inches.
Developer shall complete implementation of the approved tree replacement concurrent
with building construction, and prior to issuance of any occupancy permit for the
Property.
SUPPLEMENT TO DEVELOPER’S AGREEMENT
EDEN PRAIRIE AUTO CENTER
THIS SUPPLEMENT TO AGREEMENT (hereinafter referred to as “Supplement”) is
entered into as of March 19,2002, by WESTBROOK DEVELOPMENTy INC., a Minnesota
corporation, hereinafter referred to as “Developer,” and the CITY OF EDEN PRAIRIE, a
municipal corporation, hereinafter referred to as Tity”;
WHEREAS, Developer has applied to City for Planned Unit Development Concept
Amendment on 2.45 acres, Planned Unit Development District Review with waivers on 2.45
acres, Zoning District Amendment within the Community Commercial Zoning District on 1.05
acres, Site Plan Review on 2.45 acres, and Preliminary Plat of 2.45 acres into two lots and road
right-of-way, all situated in Hennepin County, State of Minnesota, more fully described in
Exhibit A-1, attached hereto and made a part hereof, and;
WHEREAS, the parties desire to amend the Developer’s Agreement between Westbrook
Development, Inc. and the City of Eden Prairie for the Eden Prairie Auto Center, dated
December 18, 2001, (hereinafter the “Developer’s Agreement) for that portion of the Property
legally described in Exhibit A-2 hereto and made a part hereof, and depicted as the “Amended
Area” in the Plans identified on Exhibit B hereto.
NOW THEREFOREy in consideration of the City adopting Resolution No. 2002-33 for
Guide Plan Change, Resolution No. 2002-32 for Planned Unit Development Concept
Amendment, Ordinance No. 5-2002-PUD-3-2002 for Planned Unit Development District
Review and Zoning District Change fkom Neighborhood Commercial to Community
Commercial on 1.4 acres and Zoning District Amendment within the Comm~ty Commercial
Zoning District on 1.05 acres, Resolution No. for Site Plan Review, and
Resolution No. 2002-34 for Preliminary Plat, the Developer’s Agreement is hereby amended and
the Developer covenants and agrees to construction upon, development, and maintenance of the
Property as follows:
1. The “Property” shall hereinafter be legally described as set forth in Exhibit A-2.
2. Developer shall develop the Property in conformance with the materials revised
and dated January 9, 2002, reviewed and approved by the City Council on
February 5, 2002, and attached hereto as the Plans, subject to such changes and
modifications as provided herein. Paragraph 1 of the Developer’s Agreement is
hereby deleted in its entirety.
3. A following paragraphs shall be added
14. CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to
release of the final plat for the Property, Developer shall submit a cross
access and maintenance agreement with the property owner to the north
for review by the City Engineer for the shared access to the Property as
depicted in Exhibit B. This Agreement shall address joint vehicle access
and maintenance.
Prior to the issuance of a building permit for the Property, Developer shall
submit to the City Engineer proof that the cross access and maintenance
agreement has been recorded in the Hemepin County Recorder's
OfficeRegistrar of Titles' Office.
15. CROSS PARKING AND MAJNTENANCE AGREEMENT: Prior to
release of the final plat for the Property, Developer shall submit a cross
parking and maintenance agreement with the property owner to the north
for review by the City Engineer for the four off site parking stalls for use
by Developer's Property as depicted in Exhibit B. This Agreement shall
address parking and maintenance.
Prior to the issuance of a building permit for the Property, Developer shall
submit to the City Engineer proof that the cross parking and maintenance
agreement has been recorded in the Hemepin .County Recorder's
OfficeRegistrar of Titles' Office.
16. PRETREATMENT PONDS: Prior to final plat approval on the
Property, 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 the Property.
Developer shall complete implementation of the approved storm water
quality facility plan prior to issuance of any occupancy permit for the
Property.
Prior to issuance of any certificate of occupancy for the Property,
Developer shall provide to the City Engineer upon request, proof that the
pond size has not diminished fl-om 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.
17. PUD WAIVERS GRANTED: The city hereby grants the following
waivers to City Code requirements within the Community Commercial
District through the Planned Unit Development District Review for the
Property and incorporates said waivers as part of PUD
A. Lot size of .85 acres. City Code requires a minimum lot size of 5
acres.
B. Lot dimension of 155 feet wide and 232 feet deep. Code requires a
minimum lot width and depth of 300 feet.
C. Zero foot side yard setback to parking. City Code requires 10 feet.
4. Developer agrees to and reaf-s all of the terms and conditions and accepts the
obligations of "Developer" under the Developer's Agreement, except as or
amended by this Supplement.
I CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 19,2002
SERVICE AREA/DMSION: ITEM DESCRJTTION:
Public Works
Engineering Services
Randy Slick/
Eugene A. Dietz
Final Plat Approval of Anderson Lakes
Commercial Center 4* Addition
ITEM NO.:
FLC,
Requested Action
Move to: Adopt the resolution approving the final plat of Anderson Lakes Commercial
Center 4th Addition.
Synopsis
This proposal is located at the southeast corner of Highway 212 and Anderson Lakes Parkway.
The plat consists of 2.45 acres to be divided into two lots and right-of-way dedication for street
purposes. Lot 1 is the proposed site of a new gashonvenience store and car wash. Lot 2 is the
proposed site of the Eden Prairie Auto Center. This is a replat of Lot 1, Block 1 and Outlot A,
Anderson Lakes commercial Center 2nd Addition.
Background Information
The preliminary plat was approved by the City Council February 5, 2002. Second Reading of
the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on
March 7,2002.
Approval of the final plat is subject to the following conditions:
0 Receipt of engineering fee in the amount of $300.00
0 Receipt of street lighting fee in the amount of $212.40
The requirements as set forth in the Developer's Agreement
Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-
ways certified by surveyor
0 Prior to release of final plat, Developer shall submit a cross-access and maintenance
agreement
Prior to release of ha1 plat, Developer shall submit a cross-parking and maintenance
agreement
Completion of vacation of underlying drainage and utility easements
Attachments
Drawing of final plat
CITY OF EDEN PRAIRTE
HEN" COUNTY, lKINBESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
ANDERSON LAKES COMMERCIAL CENTER 4TH ADDITION
WHEREAS, the plat of Anderson Lakes Commercial Center 4th Addition has been submitted in
a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter
462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesdta and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
A. Plat approval request for Anderson Lakes Commercial Center 4th Addition is
approved upon compliance with the recommendation of the City Engineer's
report on this plat dated March 19,2002.
B. That the City Clerk is hereby directed to supply a certified copy of this resolution
to the owners and subdividers of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate
of approval on behalf of the City Council upon compliance with the foregoing
provisions.
ADOPTED by the Eden Prairie City Council on March 19,2002.
ATTEST:
Nancy Tyra-Lukens, Mayor
SEAL
Kathleen A. Porta, City Clerk
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SERVICE AREADMSION
Publicworks Engineering -
Services -Mary =awe
Through: Eugene A. Dietz --
ITEM NO.: ITEM DESCRIPTION I.C. 02-5558
E-0. Award Contract for 2002 Street Sweeping
Requested Action
Move to: Award contract for 2002 Street Sweeping to ASTECH Corporation in the
amount of $27,200.00.
Synopsis
Sealed bids were received Thursday, March 7, 2002 for the 2002 Street Sweeping. Three bids
were received as follows:
ASTECH Corp. $27,200.00
Allied Blacktop, hc. $30,000.00
Clean Sweep, Inc. $28,000.00
Background Information
The schedule for street sweeping in the project specifications indicates a start date of April 8,
2002. This early cleaning of the streets prevents sand and debris that has accumulated from the
winter snow removal operations fiom entering into the City’s wetlands, creeks and lakes.
Sweeping of the streets takes approximately 8-10 working days. Funding for the sweeping comes
fiom the Storm Water Utility.
Staff recommends award to ASTECH Corporation.
I
CITY COmvcIL AGENDA
SECTION Consent Calendar
~~
SERVICE AREALDMSION:
Engineering Services
AlanD. Gray
Eugene A. Dietz
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DATE:
March 19,2002
ITEM DESCRIPTION IC 98-5474
Approve Professional Services Agreement with
SEH, Inc. for Design Services for Crestwood
Terrace Improvements
ITEM NO.:
E ,E.
Requested Action
Move to: Approve Professional Services Agreement with SEH, Inc. for design services
for Crestwood Terrace Improvements.
synopsis
SEH, Inc. will prepare the detailed plans and specifications for utility and street improvements in
Crestwood Terrace west of Dell Road, Dell Drive and a portion of Dell Road adjacent to
Crestwood Terrace as defined in the Crestwood Terrace Feasibility Study.
Background Information .
The public hearing for Crestwood Terrace Improvements was held March 7, 2002. Council
approved the project and directed the preparation of plans and specifications. During the design
phase staff will meet with Crestwood Terrace residents to consider street widths and pedestrian
facilities.
Attachments
Professional Services Agreement dated March 11,2002
March 11,2002
Alan Gray, P.E.
City Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Dear Mr. Gray:
10901 Red Circle Drive, Suite 200, Minneionka, MN 55343-9301 952.9122600 952.9122601 FAX
architecture * engineering environmental - transforfation
RE: City of Eden Prairie
Crestwood Terrace
Proposal for Plans & Specifications and
Bidding Phase
City Project No. 98-5474
SEHNO. A-EDENp9906.00 10.00
-3-
I am attachg the proposal for engineering services for the design and bidding phases for the
Crestwood Terrace project, you requested. This proposal is based on the scope of work identified in
the feasibility report dated February 1, 2000 you have prepared for the project. In addition to the
project work identified in that feasibility report, it is our understanding there is approximately 800
feet of watermain that will be constructed along the west side of Stable Path that is included in this
design proposal.
I have included with this letter, Exhibit A, which is a summary of the cost of service. Also, attached
to this letter is Exhibit C - General Conditions.
Based on the information included in exhibit A, we propose to perform this work for $97,836.
Based on the estimate in the feasibility report this amounts to approximately 7.1% of the
construction cost. This percentage is exclusive of the aforementioned watermain, which will,
practically speaking, lower the percentage. This is a not to exceed amount that we will not go over
without your permission. The work will be billed at our actual salary rate schedule times a
multiplier.
Please review this information and call Paul Pasko or me, if you have questions or comments. I am
available to meet at any time to discuss this proposal. If you find this proposal acceptable, I have
provided a place for the Mayor and City Manager to sign. Please return a signed copy to me.
Short Ehtt Hendn'ckson Icc. Your Trusted Rwwce Equal OpporhmiQ Employer 2
. 1
AlanGray,P.E, .
March 11,2002 -
Page 2
Thank you for the opportunity ,a submit this proposal. We will look forward &J hearing &om you.
Sincerely, -
SHORT ELLIOTT RICKSON INC.
David C. Halter, P.E.
Project Manager
Accepted this day of ,2002
By the City of Eden Prairie
Nancy Tyra-Lukens, Mayor Carl Jullie, Acting City Manager
h\civil\projects\eden prairie\edenp9906.0O\design & const. en@ proposal mdZ.doc
3
Crestwood Terrace
City of Eden Prairie
Improvement Contract No. 98-5474
SEH No. AEDENP990-6.00
March 11,2002
Design and Bidding Phase
Professional Labor
Principal
Project Manager
Project Engineer
Sr. Prof. Engineer
Staff Engineer
Lead Technician
Technician
Biologist
Office Assistant
Survey Crew
i . ~
Subtotal Professional Labor
Reimbursable Expenses
Mileage
Survey Equipment
Reproduction and Distribution
Subtotal Reimbursable Expenses
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cost z
$ 5,896.96
$14,555.20
$13,456.95
$ 2,242.83
$27,717.97
$15,955.52
$ 7,949.64
$ 1,339.00
$ 2,917.68
$ 2,884.00
..
$ 94,916
$ 102
$ 400
$ 2,418
$ 2,920
Total Design & Bidding Phase $ 97,836
Exhibit A
4
C~OFEDENFRAIRTE
GENERAL CONDITIONS
consnlfant Agreement
SECTION 1: PROJECT INIFORMATION ~
1.1 City will provide to Consultant all known information
regarding existing and proposed conditions of the site or which
affects the work to be performed by consultant. Such
information shall include, but not be limited to site plans,
surveys, known hazardous waste or conditions, previous
laboratory analysis results, written reports, soil boring logs and
applicable regulatory site response (Project Information).
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1.2 City will transmit to Consultant any additions, updates, or
revisions to the Project Information as it becomes available to
City, its subcontractors or consultants.
1.3 City will provide an on-site representative to Consultant
within 24 hours upon request, to aid, deiine, supervise, or
coordinate work or Project Information as requested. by
Consultant.
1.4 Consultant will not be liable for any decision, conclusion,
recommendations, judgement or advice based on any
inaccurate information furnished by City, or other
subcontractors .or consultants engaged by City.
SECTION 2: SITE LOCATION, ACCESS, PEFUWTS,
APPROVALS AND UTJ.LJTlES
2.1 City will indicate to Consultant the property lines of the
site and assume responsibility for accuracy of markers.
2.2 City will provide for right-of-way for Consultant personnel
and equipment necessary to perform the work.
2.3 City will be solely responsible for applying for and
obtaining permits and approvals necessary for^ Consultant to
perform the work. Consultant will assist City in applying for
and obtaining such permits and approvals as needed. It is
understood that City authorizes Consultant to act as agent for
City for City’s responsibilities under this section including
signing certain forms on Cis behalf such as 33ight-of-Way
forms.
2.4 While Consultant will take reasonable precautions to
minimize any damage to property, it is understood by City that
in the normal course of the work some damage may occur.
The correction of any damage is the responsibility of City or,
at City’s direction, be damage may be corrected by Consultant
and billed to City at cost plus 15%. ’Notwithstanding the
above, Consultant agrees to be responsible for damage caused
by Consultant‘s negligence.
2.5 City agrees to render reasonable assistance requested by
Consultant to enable performance of work without delay or
interference, and upon request of Consultant, to provide a suitable
workplace?
2.6 City will be responsible for locating and identifying all
subterranean structures and utilities. Consultant will take
reasonable precautions to avoid damage or injury to subterranean
structures and utilities identified and located by City and/or
representatives of Utility Companies.
’
SECTION 3: SAMPLES
3.1 Consultant may retain at its facility selected soil, water, or
material samples for a maximum. of 30 days after completion of
the work and submission.of Consultant‘s report, which samples
shall remain the property of City. Unless otherwise bected by
the City, Consultant may dispose of any samples after 30 days.
’
3.2 Disposal of contaminated or hazardous waste samples is the
responsibility of City. After said 30 days, City will be responsible
to select and arrange for lawful disposal procedures that include
removal of samples fkom Consultant’s custody and.transporting
them to a disposal site. City may request, or if City does not
arrange for disposal, Consultant may deliver samples to City,
fkeight collect, or arrange for lam disposal and bill City at cost
plus 15%.
.
SECTION 4: FEE PAYMENT / CLAIMS
4.1 Consultant will submit invoices to City monthly, and a final
invoice upon completion of work. Invoices will show charges
based on the current Consultant Fee Schedule or other documents ’
as attached.
4.2 To receive any payment on this Contract, the invoice or bill
must include @e following signed and dated statement: “I declare
under penalty of perjury that this account, claim, or demand is
just and correct and that no part of it has been paid.”
4.3 The balance stated on the invoice shall be deemed correct
unless City notifies Consultant, ii writing, of the particular item
that is alleged to be incorrect within ten (10) days from tl?e
invoice date. Consultant will review the alleged incorrect item
within ten (10) days and either submits a corrected invoice or a‘
statement indicating the original amount is correct.
,
Ci@ of Eden Prairie General Conditions
Conrultmt Agreement
December 2000
Page 1 Of 4
5
&hibit C
4.4 Payment is due upon receipt of invoice (or conected
invoice) and is past due sixty (601 days fiom invoice date. On
past due accounts, City will pay a &ame charge of 1.5% per
month on the unpaid balance, or the maximum allowed by law,
whichever is less, until invoice is fully paid.
4.5 If City fails to pay ConsuItant within sixty (60) days
following invoice date, Consultant may deem the default a
breach of ik agreement, terminate the agreement, and be
relieved of any and all duties under the agreement. City
however, will not be relieved of Fee Payment responsibilities
by the default or termination of the agreement.
4.6 City will be solely responsible for applying for and
obtaining any applicable compensation fund reimbursements
fiom various state and federal programs. Consultant may
assist City in applying for or meeting notification
requirements, however. Consultant makes no representations
or guarantees as to what fund reimbubement City may receive.
Consultant shall not be liable for any reductions fiom
reimbursement programs made for any reason by state or
federal agencies, except as may be caused by Consultant's
negligence.
.
4.7 City may withhold &om any final payment due the
Consultant such amounts as are incurred or expended by the
City on account of the termination of the Contract.
SECTION 5: OWNERSHIP OF DOCUMENTS
5.1 Consultant will deliver to City certain reports as
instruments of the professional work or services performed
pursuant to this Agreement. All reports are intended solely for
City, and Consultant will not be liable for any interpretations
made by others.
5.2'City agrees that all reports and other work furnished to
City, or City's agents or representatives, which are not paid for,
will be returned to Consultant upon demand and will not be
used by City for any purpose.
5.3 Unless otherwise agreed, Consultant will retain all
pertinent records or reports concerning work and services
performed for a period of at least two (2) years after report is
submitted. During that time the records will be 'made available
to City during Consultant's normal business hohs. City may
obtain reproducible copies of all software, manuals, maps,
drawings, logs and reports at cost, plus 15%, for data and
materials not being provided as part of the scope of work for
the project.
5.4 City may use the Consultant report in its entirety and may
make copies of the entire report available to others. However,
City shall not make disclosure to others of any portions or
excerpts of a report constituting less than the entire report, or
to mislead othep-by omitting certain aspects contained in the
report
5.5 Consultant will consider Project hformation as confidential
and will not disclose to third parties information that it acquires,
uncovers, or generates in the course of perfohg the work,
except as and to the extent Consultant may, in its sole discretion,
deem itselfrequired by law to disclose.
SECTION 6: DISPTJTES/LIMITATXONS OFREMEDIES
6.1 In the*vent of a breach of Contract by City, the Consultant
shall not be entitled to recover punitive, special or consequential
damages or damages for loss of business.
6.2 City will pay all reasonable litigation or collection expenses
including attorney fees that Consultant incurs in collecting any
delinquent amount City owes under this agreement.
6.3 city institutes a suit against Consultant, which is dismissed,
dropped, or for which judgement is rendered for Consultant, City
will pay Consultant for all costs of defense, including attorney
fees, expert witness fees and court costs.
6.4 If Consultant 'institutes a suit against City, which is dismissed,
dropped, or for which judgement is rendered for City, Consultant
will pay City for all costs of defense, including attorney fees,
expert witness fees and court costs.
6.5 Dispute Resolution
6.5.1 Mediation
All claims, disputes and other matters in question (hereinafter
"claim") between the parties to this Agreement, arising out of or
relating to this Agreement or the breach'thereof, shall be subject
to mediation. If the parties have not resolved the dispute within
thii (30) days of receipt of a written complaint, each party may
require the dispute be submitted for mediation. If the parties are
unable to agree on'a mediator within ten (10) days following a
request for mediation, either pai"cy may request that a mediator be
appointed by the Fourth Judicial District Court. The parties agree
to share equally all fees incurred in the mediation.
The parties shall submit to mediation for a minimum of eight (8)
hours. The parties agree that the mediation proceedings are
private and confidential. If, at the end of eight hours of
mediation, the parties have not resolved the dispute, the parties
may agree to extend hours of mediation.
6.5.2 Arbitration
At the option of the party asserting the same, a claim between the.
parties to this Agreement, arising out of or relating to this
Agreement or the breach thereof, whereby the party or parties
City of Eden Prairie General Conditions
Consulfant Agreement
December 2000
Page 2 of 4
Exhibit C
asserting the same daims entitlement to damqzs or payment
of less than $25,000.00 in agqegate may be decided by
arbitration m accordance with the ConstructionIndustry
Arbifration RuIes of the American Arbitration Association then
existins unless the parties mutually agree otherwise. In the
event any person shall commence an action in any court for
any claim arising out of or relating to this Agreement or the
breach thereof or the Project or construction thereof or any
contract for such construction, the party making a claim in
arbitration may dismiss such proceedings (unless the hearing
on the claim has commenced) and elect to assert its claim in
such action if such party could have done so but for the
provisions of this Paragraph.
The parties dgree to bear equal responsibility for the fees of
MA, including the arbitrator(s). Judgement upon the award
rendered by the arbitrator@) may be entered in any court
1 having jurisdiction thereof.
In the event that arbitration services are not available fiom
MA, either party may request that an arbitrator be appointed
by the Fourth Judicial District Court.
6.5.3 Compliance
' The parties deem the dispute resolution procedure as set forth
herein to be an integral andessential part of this Agreement.
A party's failure to comply in all respects with this procedure
shall be a substantial breach of this Agreement. The
arbitrator@) shall be authorized to assess costs and attorney's
fees against a party that has failed to comply with the
procedure in all respects, and, may as a condition precedent to
arbitration, require the parties to mediate in accordance with
,
. Section 6.5.1 hereof.
SECTION 7: . STANDARD OF CARE
7.1 Because no sampling program can prove the non-existence
or non-presence of contaminated conditions or materials
throughout the "entire" site or facility, Consultant cannot
warrant, represent, guarantee, or certify the non-existence or
non-presence, or the extent of existence or presence, of
contaminated conditions or materials, and City's obligation
under this agreement will not be contingent upon Consultant's
delivery of any warranties, representations, 'guarantees, or
certifications.
.
...
72 Consultant's opinions, conclusions, recommendations, and
report will be prepared in accordance with the proposal, scope
of work, and Limitations of Environmental Assessments and
no warranties, representations, guarantees, or certifications will
be made. Except that Consultant warrants that hardware and
software will perform as represented in proposal and other
paits of this agreement.
73 AIthough d@a obfained &om discrete swple locations will be
used to infer conditions between sample locations no ,-tee
may be given that the iderred conditions exist because soil,
surface and groundwater quality conditions between sample
locations may vary significantly, and because conditions at the
time of sample collection may also vary significantly with respect
to soil, surface water and groundwater suality at any other given
time and for other reasons beyond Consultant's control.
7.4 Consultant will not be responsible or liable for the
interpretation of its data or report by others.
SECTION 8: GENERAL INDEMNIFICATION
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8.1 Consultant will indemnify and hold City harmless from and
against demands, damages, and expenses caused by Consultant's
negligent acts and omissions, and breach of contract and those
negligent acts, omissions, and breaches of persons for whom .
Consultant is legally responsible. City will indemniQ and hold
Consultant harmless fiom and against demands, damages, and
expenses caused by City's negligent acts and omissions, and
breach of contract and those acts, omissions, and breaches of
persons for whom City is legally responsible.
SECTION 9: INSURANCE /WORKER'S
COMPENSATION
9.1 Consultant represents and warrants that it has and will
maintain during the performance of this agreement Worker's
Compensation Insurance coverage required pursuant to Minn.
Stat. 176.18 1, subd. 2 and that the Certificate of Insurance or the
written order of the Commissioner of Commerce permitting self
insurance of. Worker's Compensation Insurance coverage
provided to the City prior to execution of this agreement' is
current and in force and effect. .
9.2 Consultant shall procure and maintain professional liability
insurance for protection from claims arising out of professional
services caused by any negligent act, error or omission for which
Consultant is legally liable.
9.3 Certificate of insurance will be provided to City upon request.
SECTION 10: TERMINATION
10.1 The agreement between Consultant and City may be
terminated by either party upon thirty- (30) days written notice.
10.2 If the agreement is terminated prior to completion of the
project, Consultant will receive an equitable adjustment of
compensation.
City of Eden Prairie General Conditions
Codtant Agreement
December 2000
Page 3 of 4
Wbit C
SECITONll: ASS- SECTION 17: DATA PRACTICES ACT COMPLIANCE
11.1 Neitherpartymay assign duties, righs or interests in the
perfonnance of the work without obtaining the prior written
consent of the other par&, which consent will not be
unreasonably withheld.
17.1 The Cansultant shall at alltimes abide by&. Stat 13-01
et seq., the Minnesota Government Data Practices Act, to the
extent the Act is applicable to data and documents in the
possession of the Consultant.
SECTION12: DELAYS - SECTION 18: DISCRIMINATION
12.1 If Consultant is delayed in performance due to &y cause
beyond its reasonable control, including but not limited to
strikes, riots, fires, acts of God, governmental actions, actions
of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by
reason of the delay. Consultant will be entitled to payment for
its reasonable additional charges, if any, due to the delay.
SECTION 13: EXTRA WORK
13.1 Extra work, additional compensation for same, .and
extension of time for completion shall be covered by written
amendment to this agreement prior to proceeding with any
extra work or related expenditures.
SECTION 14: WITHHOLDING TAXES
14.1 No final payment shall be made to the Consultant until
the Consultant has provided satisfactory evidence to the City
that the Consultant and each of its subcontracts has complied
with the. provisions of ,Minn. Stat. 290.92 relating to
withholding of income taxes upon wages. A certificate by the
Commissioner of Revenue shall satisfy this requirement.
SECTION 15: AUDITS
15.1 The books, records, documents and accounting
procedures and practices of the Consultant or other parties
relevant to this Agreement are subject to examination by the
City and either the Legislative Auditor or the State Auditor for
a period of six (6) years after the effective date of this
Contract.
SECTION 16: PAYMENT TO SUBCONTRACTORS
16.1 The Consultant shall pay to any Subcontractor within ten
(10) days of the Consultant's receipt of pawent 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.
In performanbe of this contract, the Consultant shall not
discriminate onthe grounds of or because of race, color, creed,
religion, national origin, sex, marital status, status with regards to
public assistance, disability, sexual orientation, or age against any
employee of the Consultant, any subcontractor of the Consultant,
or any applicant for employment. The Consultant shall include,
a similar provision in all contracts with subcontractors to this
Contract The Consultant Mer agrees to comply will all aspects
of the Minnegok Human Rights Act, Minn. Stat. 363.01, et seq.,
Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990.
SECTION 19: CONFLICTS
No salaried officer or employee of the City and no member of the
Board of the City shall have a financial interest, direct or indirect,
in this contract. The violation of this provision renders the .
Contract void. Any federal regulations and applicable state
statutes shall not be violated.
SECTION 20: ENTIRE AGREEMENT
18.1 This Agreement contains the entire understanding between
the City and Consultant and supersedes any prior written or oral
agreements between them respecting the written subject matter.
There are no representations, agreements, arrangements or
understandings, oral or written between City and Consultant
relating to the subject matter of this Agreement which are not
fully expressed herein.
18.2 The agreement between Consultant and City may be
modified only by a written amendment executed by both City and
Consultant.
18.3 This agreement is governed by the laws of the State of
Minnesota.
City of Eden prairie General Cona'itions
Consulknrtdgizement
DecembertDDO
Page 4 of 4
Exhibit C
SERVICE AREADMSION:
AlanD. Gray
Eugene A. Dietz .
Engineering Services -
CITYCOuNclLAGENDA
SECTION: Consent Calendar
ITEM DESCRIPTION I.C. 02-5563
Approve Plans and Specifications and Ordering
Advertisement for Bids for Charlson Area
Improvements - Phase I
DATE:
March 19,2002
ITEM NO.:
IZI: l=
Requested Action
Move to: Adopt resolution approving plans and specifications for I.C. 02-5563,
Charlson Area Improvements - Phase I _. .
5 .
Synopsis
The Charlson Area Improvements,-Phase I includes a temporary sewage pumping station to serve
Grace Church and the segment of sanitary sewer in Mitchell Road as designated in the overall
Charlson project. A permanent sewage pumping station and sanitary sewer in Eden Prairie Road
that will serve Grace Church and other properties cannot be constructed until right-of-way is
available fiom the Metropolitan Airports Codssion. A small temporary pumping station has
been designed to provide interim service to Grace Church which is scheduled for occupancy in
August.
Background Information
The Charlson Area Improvements Project was authorized by Council July 18, 2000. The
estimated project cost for this extensive street and utility project was $9,176,500. The major
elements of the project await easement agreements with the MAC. This proposed Phase I
improvements will provide sanitary sewer service to Grace Church. The estimated Phase I cost
is $396,000 of which approximately $95,000 is for a temporary pump station. When permanent
pump stations are constructed, the pumps and controls of the temporary station will be salvaged.
It is necessary to proceed with the temporary pump station to coordinate the Grace Church
construction schedule until easements for permanent facilities are available fkom MAC. Only the
pump station is temporary. The remaining portions of Phase I are permanent elements of the
Charlson Area Improvements.
I
CITYOFEDENPRAIRIE
HE%JNEPIN COUNTY, MINNTJSOTA
RESOLUTIONNO.
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS -u
WHEREAS, the City Engineer with the assistance of SRF, Inc., has prepared plans and
specifications for the following improvements to wit:
I.C. 02-5563 - Charlson area Improvements -.Phase I
Temporary Pump Station and Mitchell Road Sanitary Sewer
and has presented such plans and specifications to the Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN
PRAIRIE:
I
1. Such plans .and specifications, a copy of which is on file for public inspection in the
City Engineer's office, are hereby approved.
2. The City Clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such
improvement under such approved plans and specifications. The advertisement shall
be published for three weeks, shall specify the work to be done, shall state that bids
shall be received until 1O:OO am., April 11,2002, at City Hall af€er which time they
will be publicly opened by the City Clerk, will then be tabulated, and will be
considered by the Council at 7:30 P.M., Tuesday, April 16,2002, at the Eden Prairie
City Hall, Eden Prairie. No bids will be considered unless sealed and filed with the
clerk and accompanied by a cash deposit, cashier's check, bid bond or certified
check payable to the City for 5% (percent) of the amount of such bid.
.
ADOPTED by the Eden Prairie City Council on March 19,2002.
ATTEST:
Nancy Tyra-Lukem, Mayor
SEAL
Kathleen A. Porta, City Clerk
a
CkN COUNCIL AGENDA
SERVICE AREA/DIMSION
Public Works Services .d -
_-
ITEM DESCRIPTION:
Approve Service Agreement with Honeywell for d2 Eugene A. Dietz Filter Control Upgrade
DATE:
March 19,2002
ITEM NO.:
Requested Action
Moveto: Approve Service Agreement with Honeywell for an estimated amount of
$61,060 to upgrade the filter control system at the Water Treatment Plant.
._ .
synopsis
The filter control systems range in age fiom 1971 through 1999. Due to the level of maintenance
performed by plant staff, much of the equipment is still functional, but due to the unavailability
of parts it has become obsolete. This contract with Honeywell will upgrade the control systems
to current state of the art equipment, which will provide the reparability and reliability of this
critical element in the water treatment process.
Background Information
As noted, the current systems have essentially become functionally obsolete due to lack of
availability of parts. Honeywell does most of our control system’s repair and maintenance.
However, parts availability has become a more difficult issue to resolve in the past few years.
This contract is essentially preventative maintenance, wherein we will upgrade the system before
we have a crisis to which we cannot respond.
In addition to the Honeywell contract, there will be electrical work for which we will hire a local
contractor to perform. If the work is well defined, we will solicit quotes fiom local contractors.
However, it may be necessary to. provide the electrical work on a time and material basis for
which we would select a local contractor most familiar with our systems.
Finally, the terms of payment for this work specifies a milestone invoice process as follows:
1. Receipt of order 30%
2. Delivery of hardware 50%
3. Completion of installation 20%
Staffrecommends that the contract for these services be approved.
Attachments
Honeywell proposal
I
-” L
.. .
Proposal.
To __
CITY OF EDEN PRAIRIE
UTILITIES DIVISION
EDEN PRAIRIE, MN
For
Filter Upgrade and Modernization
Proposal No. 02152002Rl
Honeywell ACS
7171 Ohms Lane
Edina,Mn. 55439
a
Quality Policy
-2
Total Quality Creates Delighted Stakeholders
Every employee of Honeywelr Automation and
Control Solutions Group is committed to the
relentless pursuit of Total Quality, which means
excellence in everything we do.
We measure our progress towards this goal by
fkequently benchmarking best-in-class practices.
Our goal is not merely continuous improvement.
We are striving for breakthrough performance
that will enable Honeywell to sustain and extend
its worldwide leadership in control.
The results of our commitment to Total Quality
is delighted stakeholders
- customers, employees and shareholders -
who then rewards us with their loyalty and
advocacy.
3
This Proposal contains proprietay information of Honeywell Inc. Information contained herein is for the sole use of
the City of Eden Prairie, Utilities Division.
Acceptance of this document constitutes agreement that the recipients shall not disclose this proprietary information
of Honeywell to any third party'and shall not transmit any documents or copies thereof containing proprietary
information of Honeywell to any third party except as may be authorized in writing by Honeywell.
PROPOSAL NUMBER 02152002R1
DATE: February 15,2002
This Proposal Issued by: Mark OkeyLeonard Rosenberg
L 1
L
4
EXECUTIVE SUJYTMARY
,
Honeywell reviewed the existing control scheme for both the EBuent and Backwash valves, on
filters one through nine. Current valve Positioners are obsolete and it is Honeywell’s
recommendation to upgrade these units for continued process reliability.
This proposal will include;
Removal of current controls for the Effluent and Backwash valves
Inspection ’of new Positioners
Installation of new Mounting Brackets
Mounting new Positioners
Linking each Positioner to the valve assembly
Install new plastic Process Air Lines as required
Calibration of each Positioner
Stroking,and Monitoring Valve Movement and adjust as required
The Current to Air Converter proposed herein requires an additional +24VDC power supply.
Honeywell will work with Eden Prairie’s electrical contractor to implement a power scheme for
each filter.
Honeywell will meet with the electrical contractor of Eden Prairie’s choosing, to present
electrical requirements and responsibilities.
Not included in the scope of this proppsal;
o Electrical material (conduit, wiring, marshaling panels, +24 VDC Power
Supplies, etc.)and elec&cal labor
Meeting with the electrical contractor should be conducted as soon as possible.
Honeywell will provide two Support Specialist to implement the new control scheme, to lesson
Plant Downtime.
F'ILTERUPGRADE
-2.
PRODUCT
DESCRIPTION ITEM OTY
UNIT EXT.
COST - COST 7
1 18 AV1 POSJTIONER with Gauges 990 17,820
2 12 M0TJN"G BRACKET AND LINKAGE KIT 3 15 3,780
3 . 18 CURRRENT TO AIR CO~VERTER with Gauges 930 16,740
1.600 4 I FITTING, TUBING, BALL VALVE, etc. --
TOTAL HARDWARE: $39,940
ON-SITE SPARE PARTS
PRODUCT
DESCRIPTION
UNIT - COST
AV1 POSITIONER with Gauges 990
- 930 CURRRENT TO AIRCONVERTER
TOTAL SPARE PARTS: $1,920
6
Labor Rates -
Honeywell has a full range of services available for sites requiring minimumhardware assembly to a complete
hardware/sofhvare Plant Wide Implementation. To assist in product implementation I have included the following
rates;
PROJECT SERVICE RATES
Service Specialist StraiPht Time
Labor Rates ' $120
Rates are for Project Service-labor only. stra
standard work days and on Saturday's from 8
Honeywell observed holidays.
,
$t the is Monday-Friday Sam - 5pm; Overtime is after 5pm on
m - 5pm; Sunday/Holiday rates from 5pm Sat till Sam Monday and all
Estimated Engineering Project Rates
160 Hours at $120.OO/Hour
TOTAL LABOR $19,200
Payment Terhs:
Based on aMlestone Invoice process outlined as follows:
1. Receipt of Order 30% .
2. Delivery of Hardware 50%
3. Completion of Installation 20%
GRAND TOTAL: $61,060
- Taxes
The quote price does not include sales, use, excise, or other similar taxes. Buyer shall pay, in addition to the prices
quoted, the amount of any present or future sale, use, excise, or other similar tax applicable to the sale or use of the
goods and services provided hereunder, or in lieu thereof, @e Buyer shall provide Seller with a tax exemption
certification acceptable to the tax authority.
Shipping and handling was not included in the Grand total price and will be included on the
. finial billing statement. ..
bhis proposal is valid for sixty (60) days from the date of issuance]
Terms and Conditions
1. DEFINITIONS
1.1 "Equipment1': Hardware and equipment described in the Order.
1.2 "Confidential Information": Ideas, methodologies, mathematical formul& trade secrets and other intellectual property
included in written or machine-readable information (or oral inforqation reduced to Writing), which the disclosing party
considers proprietary or confidential and marks "Confidential", "Proprietary", "Sensitive" or with words of similar meaning.
1.3 "Licensed Software": All Software described in the Order, including all related updates, changes or revisions provided
under the Order.
1.4 "Licensed Use": A particular use as described in the Order, for which the customer is authorized to use the Licensed
Software.
1.5 "Order": A customer purchase order or contract accepted by an'authorized Honeywell employee.
1.6 "Software": Machine-readable object andor source code, including executable programs and firmware, and user
documentation in written or electronic object code form. ttSoftwaret' may include Licensed and Unlicensed Software. ,
1.7
customer is not authorized to use under the Order.
"Unlicensed Softwareq1: Software which may be included on the storage media containing Licensed Software that the
2. PROPOSAL ACCEPTANCE AND TERMS
Unless otherwise specified in writing, aU Honeywell proposals are valid and may be accepted by customer for a period of 60 days
fiom the date of issuance, Acceptance of the proposal after this 60 day period will not create a contract unless accepted by
Honeywell in writing. All Honeywell proposals, Orders, sales and licenses are conditional upon customer's acceptance of these
terms and conditions, notwithstanding receipt or acknowledgment of the Order, specifications containing additional or different
terms, or conflicting oral representations by any agent or employee of Honeywell. The Order and all sales and licenses by
Honeywell under the Order are governed exclusively by these terms and conditions. Unless otherwise expressly noted in the
Order, the provisions of the applicable Honeywell proposal shall take precedence over any conflicting provisions in any other
document made part of the Order.
3. DELIVERY, RISK OF LOSS AND TERMS OF
PAYMENT
3.1
pass to customer upon delivery to the carrier.
3.2 Payment Terms, Terms of payment are net thirty (30) days &om the date of Honeywell's invoice. All payments must
be made in the legal currency of the United States. In the case of purchase for destination outside the United States, any payment
not received prior to shipment must be made by irrevocable Letter of Credit confirmed by a Prime United States Bank in favor of
Honeywell. The Letter of Credit must remain valid until final payment is made and all bank charges associated with opening and
maintaining this Letter of Credit shall be customer's responsibdity
Delivery Terms and Risk of Loss. All deliveries shall be F.O.B. Honeywell's facility. Risk of loss or damage shall
3.3 Credit Terms and Interest. All shipments and deliveries hall be subject to approval of customeis credit by
Honeywell. Any payment not received by the due date shaU be subject to an interest charge of one percent (1%) per month or
maximum allowed by law. Interest shall be imposed monthly and debited to customer's account
'
3.4 Tares: Cnstomer is responsible for all sales, use, excise, and other similarkxes, duties and charges levied as areSult of this
Order. Honeywell's pricingis exclusive of all suchtaxes, duties and charges.
4. DELAYS
4.1 Force Majeure. Neaer party shall be liable for any Mure to meet its obligations if such failure is due to any cause
beyond the party's reasonable control. If the force majeure continues for longer than 180 days, either party may terminate this
Order and customer will pay Honeywell all reasonable expenses incurred by Honeywell prior to termination of the Order.
4.2 Delays. The deliveIy and performance dates in the Order are approwe only; Honeywell shall not be liable for nor be
in breach of these terms and conditions because of any delivery or performance within a reasonable time after such dates. In no
event shall Honeywell be liable for any delays caused by Mure of customer to provide any necessary information in a timely
manner.
4.3 Order Adjustment. In the event of delays in delivery or performance caused by force majeure or customer, the date of
delivery or performance shall be extended by a mutually agreed-upon period and, in the case of customer-caused delay, including
but not limited to delays caused by customer's failure to provide drawing approvals in a timely manner, the price and other
affected terms shall be equitably adjusted. In addition, if delivery of Equipment is delayed due to the acts or omissions of
customer, Honeywell may store the Equipment at customer's risk and expense and, upon placement of such Equipment into
storage, Honeywell may invoice customer for any payments that would have otherwise been due had there been no delay in
delivery.
5. SOFIWARE LICXNSE
5.1 License. Honeywell grants to customer under the Order a nonexclusive license to use Licensed Software solely for
customex's own internal purposes in accordance with the Licensed Use. Customer shall not reverse compile, disassemble, or
otherwise reverse engineer any Software. Honeywell and its third-party suppliers shall retain sole ownership of the Software.
5.2
before using Licensed Software outside the Licensed Use.
Additional Licenses or Use. Customer must receive Honeywell's prior written consent and pay additional license fees
5.3 Copies and Modifications. Customer may make only 2 copies (or the number of copies allowed under applicable law) of
the Software in non-printed, machine-readable form, to be used solely for archival or backup purposes ("Archival Copies").
Customer shall include all copyright and trade secret notices and serial numbers on the Archival Copies, which shall be owned
solely by Honeywell or its third-party suppliers. Customer may not modify the Software except as authorized by Honeywell in
writing.
5.4 Transfer of Licensed Software. Customer may transfer its license to use the Licensed Software to a third-party only if
Honeywell gives its prior written consent. If customer will not be the end user of the Licensed Software, Honeywell hereby
consents to the transfer of the Software to the end user provided customer first obtains the end user's written agreement to accept
these terms and conditions and thereafter provides Honeywell with a copy of said agreement, if so requested.
5.5 Demonstration Use. If Software has been provided to customer for demonstration or evaluation purposes, customer may
use such Software for a period of 90 days from the date the Software was delivered to customer. After this 90 day period,
customer agrees to either return the Software to Honeywell or pay the applicable license fee for customer's continued use of the
Software and to abide by these terms and conditions.
5.6 Term and Termination of License. The license granted herein is effective on the date Honeywell ships or installs the
Licensed Software, whichever is earlier. Honeywell may terminate this license if customer defaults under the Order, and does not
remedy such default within ten (10) days after receiving written notice thereof fiom Honeywell, or is in bankruptcy, insolvency,
dissolution, or receivership proceedings. Upon termination of this license, Honeywell may repossess the Software and all copies
without further notice. Promptly upon termination of this license, customer shall immediately cease all use of Licensed Software
and return or destroy, as directed by Honeywell, all copies of the Software.
6. WARRANTIES
6.1 Equipment. Honeywell warrants all Equipment will materially comply with Honeywell's published specifications or
with Honeywell's designs or specifications generated specifically for the Order for 12 months hm shipment. Third party
Equipment not listed in Honeywell's published price list is warranted in accordance with the published warranty of the supplier
to the extent Honeywell has the right to such warranty. Non-complying Equipment returned transportation prepaid to Honeywell
will be repaired or replaced, at Honeywell's option, and return-shipped lowest cos transportation prepaid. Items subject to wear
or bumout through usage (such as lamps or ribbons) shall not be deemed defective because of wear or bumout. Repaired or
replaced Equipment shall bewarranted for the remainder of the unusedwarran& term or for 90 days from shipment, whichever is
longer. Under emergency conditions, Honeywell will ship replacement parts to cnstomer before receiving the defective parts
fiom customer. If Honeywell does not receive the defective parts transportation prepaid within 30 days after shipment of the
replacement parts, customer will pay Honeywell's then-current list price for those parts.
6.2 Software. LicensG Software will materially comply with Honeywell's published user documentation, or with
Honeywell's designs or specifications generated specilically for customer and agreed to in Writing by the parties
("Specifications"). for one year fiom the later of shipment to customer or installation by Honeywell, but in no event exceeding
fourteen (14) months f?om shipment Honeywell wmants that all Licensed Software will process dates and times in such a
manner that the software will continue to materially comply with Specificat-ms without interruption by dates prior to and during
the Year 2000 ("Year 2000 Wmty"). If customer notifies Honeywell of materially non-complying Licensed Software and
provides a description allowing the error to be repeated, Honeywell will, at Honeywell's option, either: (i) provide customer with
a correction or replacement Licensed Software; or (ii) make instructions available to customer to modify the Licensed Software.
Third-party supplier warranties, including any Year 2000 Wmanty, shall apply to the extent that they are less than the
warranties described in this Agreement Honeywell warrants that the Licensed Sofhvare provided under this Agreement was
scanned for viruses known to Honeywell prior to delivery to carrier or customer. Because viruses could be introduced to the
Licensed Software after delivery to carrier or customer, Honeywell recommends that customer reslarly scan Licensed Software
with updated virus scanning software.
6.3 General. Services provided by Honeywell will be provided in a good and workmanlike mmer. Unless otherwise
expressly agreed to in writing by Honeywell, Honeywell shall not be responsible for the application and functional adequacy of
the Equipment and Software provided hereunder.
6.4 Exclusions. These warranties shall not apply if a failure or defect is due in whole or in part to: (i) improper use,
application, maintenance, operation or installation of the Equipment or Software, or exposure of the Equipment or Software to
operating environments outside Honeywell's specifications; (ii) any modification of the Equipment or Software in a manner
inconsistent with the applicable user documentation or not otherwise approved in writing by Honeywell; or (iii) use of the
Equipment or Software with equipment or software not approved in writing by Honeywell, Any costs incurred by Honeywell in
the repair of faults or errors related to these actions shall be reimbursed by customer at Honeywell's then-current rates and
customer shall indemnify Honeywell against any damages suffered by Honeywell that are directly related to such faults or errors.
6.5 Limitations. THE ABOVE WARRANTIES ARE EXCLUSIVE. IN NO EVENT SHALL HONEYWELL OR ITS
SUPPLIERS BE LIABLE FOR ANY WARRANTIES IMPLIED BY LAW OR O"l&RWISE, INCLUDING ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. PATENT I"GEMEN"
7.1 Honeywell will indemnify and hold customer harmless fiom and against all damages and costs (excluding attorney's fees,
special, consequential and incidental damages) which may be finally assessed against customer based on a claim that customer's
use of Equipment or Licensed Software, owned by Honeywell, infringes a patent, copyright or trade secret. The foregoing
notwithstanding, Honeywell shall have no liability for any claim of infringement based on: (i) other than the current release of the
Licensed Software if such claim would have been avoided by the use of the then-current release provided Honeywell has made
the existence of such release known to the customer prior to the initiation of the mgement claim, (ii) any modification of the
Equipment or Licensed Software by an entity other than Honeywell or its agents; (iii) any use of the Equipment or Licensed
Sohare with any program, data or equipment not supplied or approved by Honeywell or; (iv) any use of the Licensed Software
outside these terms and conditions.
7.2 Honeywell shall have no liability under this section unless customer: (i) gives Honeywell prompt written notice of any
claim made against customer, (ii) provides Honeywell with the opportunity to take over, settle or defend any claim through
' counsel of Honeywell's choice and under its sole direction, and (iii) makes available to Honeywell all defenses against any such
claim, action, suit or proceeding known to or available to customer.
7.3 If Honeywell believes that customer's use of the Equipment or Licensed Software will be enjoined, Honeywell may, at its
option: (i) procure the right for customer to continue to use the Equipment or Licensed Software, (ii) replace the Equipment or
Licensed Software with non-hIXnging Equipment or Software, (iii) modify the Equipment or Licensed Software to be non-
inliinging, or (iv) accept return of the Equipment or terminate customer's license to use the infringing Licensed Software and
return to customer a portion of the purchase price paid for the Equipment or the license fee paid for the infikging Licensed
Software pro-rated over a five year period commencing at the date of installation.
8. INDEMNIFICATION. LIMITATION OF LIABILITY
.
8.1 Honeywell shall be responsible for and shall indemnify the cnstomer & all losses, claims, expenses or damages which
may result fiom any accident, injury, or damage either to persons or property, or fiom death of any persons, but only to the extent
that the accident, injury, damage, or death is due to the negligence of Honeywell, its agents, employees, or subcontractors.
8.2 IN NO EVENT sH&L HONEYWELL, ITS SUPPLIERS OR CUSTOMER BE LIABLE FOR INDIRECT,
CONSEQUENTIAL OR SPECIAL DAMAGES RELATING TO OR AIUSING OUT OF PERFORMANCE OR
FULFILLMENT OF THIS ORDER, INCLUDING SUCH DAMAGES BASED ON CONTRACT, NEGLIGENCE,
WARRANTY OR OTHERWISE.
9
9. CONFIDENTIAL INRORMATION
The parties may exchange Confidential Information during the performance or fulfillment of the Order. All Confidential
Information shall remain the property of the disclosing party and shall be kept confidential by the receiving party for a period of
15 years following the date of disclosure. Licensed Software, and Unlicensed Software contained on the same media, shall be
kept confidential perpetually. These obligations shall not apply to information which is: (i) publicly known at the time of
disclosure or becomes publicly known through no fault of recipient, (ii) known toi'ecipient at the time of disclosure through no
wrongful act of recipient, (iii) received by recipient ftom a third party without restrictions similar to those in this section, or (iv)
independently developed by recipient. Each party shall retain ownekhip of its Confidential Information, including without
limitation all rights in patents, copyrights, trade marks and trade secrets. Honeywell hereby grants customer a non-exclusive
license to use Honeywell Confidential Information delivered during the performance or filfillment of the Order to evaluate any
work proposed or performed by Honeywell. Customer hereby grants Honeywell a non-exclusive license to use customer
Confidential Information to prepare and perform work for customer. Neither party may transfer or disclose Confidential
Information or assign their rights or obligations under this section without the prior written consent of the disclosing party. AU
other transfers or assignments shall be null and void.
10. COMPLIANCE WITH LAWS
Customer shall comply with all loch laws and regulations applicable to the installation, use, or import of the Equipment and
Licensed Software. Customer shall comply with all applicable export control laws and regulations of the United States and any
other country having proper jurisdiction and shall obtain all necessary export licenses in connection with any subsequent export,
re-export, transfer and use of all products, technology and software (the "Honeywell Products") delivered under an Order.
Customer shall not sell, transfer, export or re-export any Honeywell Products for use in activities which involve the design,
development, production, use or stockpiling of nuclear, chemical or biological weapons or missiles, nor use Honeywell Products
in any facility which engages in activities relating to such weapons or missiles. In addition, Honeywell Products may not be used
in connection with any activity involving nuclear fission or fusion, or any use or handling of any nuclear material until customer,
at no expense to Honeywell, has insurance coverage, indemnities, and waivers of liability, recome and subrogation, acceptable
to Honeywell and adequate in Honeywell's opinion to protect Honeywell against any type of liability.
11. CHANGES
Customer shall have the right to make changes within the scope of an Order, however, all such changes are subject to acceptance
by Honeywell. If any change causes an increase or decrease in the price of the Order, or in the time required for performance, an
equitable adjustment shall be made and the Order shall be modified in writing accordingly. Honeywell shall not be obligated to
proceed with any change until an Order amendment has been issued by customer. Payment terms applicable to any change in
scope shall be mutually agreed upon and documented in the Order amendment and accepted in writing by Honeywell.
12. DOCUMENTATION
Unless otherwise expressly noted in an Order, the types and quantities of documentation to be supplied by Honeywell shall be as
specified in Honeywell's proposal and all documentation will be written in the English language. If the Order provides for
customer approval of Honeywell drawings, Honeywell will allow for one revision to each drawing submittal at no added charge,
provided the customer requested revision does not alter the scope of the work to be performed. Copies of, or revisions to, Honeywell supplied documentation beyond the quantities allowed per the above can be furnished €or an added charge.
13. CANCELLATION
Customer may terminate an Order in whole or in part at any time without cause by serving upon Honeywell a written notice
setting for the portion of the Order affected and the date on which said termination is to be effective. In the event of any such
termination, customer will reimburse Honeywell for all unrecoverable costs and expenses incurred or committed directly incident
to the Order to the date of cancellation along with applicable overhead costs, reasonable cancellation charges, and a reasonable
profit, but shall not be liable for any loss of profits on the portion thmof so canceled.
\I
. -
14. GENERAL
r Any change to or waiver under these terms and conditions must be in writing signed by Honeywell and waiver in one case shall
not be waiver in a subsequentcase. No rights are granted except as expressly granted in these terms and conditions. The laws of
Minnesota and the United States shalI solely govern this Order and its terms and conditions and all related disputes, without
regard to any conflicts of law provisions or any provisions of the 1980 United Nations Convention on the International Sale of
Goods. Provisions herein which by their very nature are intended to survive termination, cancellation or completion of the Order
shall so survive such termination, cancellation or completion. Notwithstanding anything to the contrary in other documents
integrated with this Order, these terms and conditions shall govern with regect to all Confidential Information and Software
delivered under the Order.
5 . .
/ REVIEWED ANDIAGREED / Honewvell / / Name: ,I
/
I Name:
Title:
Feb-26-02 12t50P Honeywell 612 830 3748 P.04
Schedule rcZ” - Terms & Conditions Honeysrreil
-I_ ---__I- --
1. RESPONSlBILlTlES OF THE CUSTOMER
Customer agrees to:
I .I
12
1.5
1 -4
1.5
1.6
I .7
i .8
2.
Use Equipment and Software covered by thb
Agreement in aci%rdance with the
manufacturer‘s specifications.
Allow Honeywell full and free access to the
Equipment and Software including
intcrcoimccted machine attachments for
purposes of remedial andlor preventive
maintenance.
Maintain all documentation and diagnostics
for the Equipment nnd Software in suitable
condition and ready access by Honeywell
maintenance personnel. Customer will be
suppiied with and charged for manuals not
found on-site during start-up.
Provide all operating expendable supplies.
Provide electrical work external to the
Equipment.
Correct any discrepancy(s) revealed during
pre-contract sysrem performance validation.
Honeywell will invoice Customer for any
unresolved discrepancy(s) which arc? corrected
by Honeywell.
Maintain its inventory of existing good spare
pw~s held by Customer at the smrt of the
Agreement. Any purt used by Honeywell will
be repaired and/or replaced if reasonably
ovailablc.
Assume responsibility for any documentation
including prints, schematics and wiring
diagrams. Honeywell may assist in the
diagnosis of Software problems, but is not
responsible for Software or Sohare support
unless otherwise expressly noted under the
terms of this Agreement.
CGNCiiLLATION BY CUSTOMER
In the event of cancellation of this Agreement
without cause by Customer prior to an anniversary
cancellzltion fee of 5%of the remaining contract
value at the time of cancellation, and (ii) a11 non-
recoverable costs incurred by Honeywell including.
but not limited to, costs for personnel rclocation,
facilities procurement, or other support requirements
that have been specifically incurred or committed to
support this Agreement; and 0) Customer agrees, at
.* date: (a) Customer shall be invoiced (i) a
1 Ianeywcll’s option, to reimburse and/or purchse
from IIonejwell all parts, tools, and tea equipment
specifically purchased by Honeywell to support this
Agreement.
3. EQUTPMENT/SOFTWARE
3.1 -*In the event the Equipment or Software is
MODIFICATION
altered, moditied or changed, or if any
Equipment or Software is added, deleted or
moved within the Customer’s premises, this
Agreement may be renegotiated, modified or
. terminated ar Honeywell’s option. If any
changes, alterations or atlachments to the
Equiprnenl or Software create B safety hazard
or interfkre with the normal and satisfactory
operation or maintenance of the Equipment or
Software, Honeywell may, upon written
noticc, require that such safcty hd or
interfercncc be promptly COKCC~C~ at
Customer’s expcnso. I loncywell’s continued
service on Equipment or Software which has
been changed or to which ottwhmcnts have
been made does not constitute an approval of
the change or attachment, and at Honeywell’s
option such Quipment, Software or
attachments may be removed from this
Agreement.
If pans andlor repairs are no longer available
from Honeywell’s regular suppliers for a piece
of Equipment, Honeywell may, at its option,
delete that piece of Equipment from Schedule
“A” or terminate the Agreement. If
Equiprncnt is deleted, Honeywell shall acljusl
the Agreemcnt pricz to reflect the dcletioa.
3.2
4. ENVIRONMENTAL CONDITlONS
It is the responsibility of Customer to provide a
hazard-fiee environment for the Equipment and
Software. Damage due to hazardous environmental
conditions are not tha responsibility of Honeywell.
Hazardous environmental conditions include, but are
not limited to, corrosive atmosphcms, electrical
spikes or noise or 5evere ambient temperature
changes.
5. HEALTH AND SAFETY
5.1 Honeywell employees shall comply filly with
Customer’s health and safety rules and
Date IY8/00 Form Rev. 8.06 ContractHa 8439 (914BhM305)
PrOjmNo. 10894
Hane)wdl Confideatid rad Progrktrry: This document rnd the infamation coatained hcdn 1% Canfldcntkd bcrwttn Honepvcll and
the named Cutomer rad h not b be distrlbutrd in my form to any other party.
. _-- Page 9 of 13
13
Feb-26-02 12:51P Honeywell 6x2 830 3748 P.05
s
Schedule “2” - Terns & Conditions Honeywell
procedures. Customer shdI advise each
Honeywll employee of all pertinent health
and safety rules and procedures including, but
not limited to, safety precautions and safey
equipment and relevant training available
through Customer, upon each employee’s
initial visit to Customer’s site. Failure of any
Honeywell employee to fully comply with
communicated health and safety rules and
procedures shall be cause for permanent
removal of the employee from the Customer
site.
5.2 Customer shall. ripon written acceptance of
this Agrccment. complete and return a
tloneywell Contmct Satity Analysis form and
make available the Mntcrial Safety Data
Sheets (MSDS) relating to any chcmicals or .
substances to which a Honeywell ernploycc
might be exposed while engaged in providing
the Services. Copies of individual MSDS’s
shall be provided either to Honeywell or to
any Honeywell employee upon request.
Honeywell recognizes that its employees have
the right to a safe and healthy work
environment and may, upon written notice,
require that unsafe conditions be promptly
corrected at Custom~r’s expense,
6, NON-HIRING CLAUSE
Customer agrees that it shall not employ directly or
through D third party, any technical or service
representative who was cmployed by I loneywcll and
assigned to provide Services to Customcr at any time
during the term of this Agreement ond for onc year
after any such representative ceases to be employcd
by Honeywell. Customer recognizes that Honeywell
Itas incurred substantial cos& in recruiting. training
and providing Customer with service personnel who
have and will continue to receive specialized training
and infornration necessary to service Customer on
behalf of Honeywell. Customer agrees that
Honeywell will suffer damages in the event
Customer, either directly or through a third party.
hires away frcm Honeywell a service employee who
was at any time assigned to Customer and that the
amount of damages cannot be ascertained with ease.
In view of the difficulty of ascertaining said damages,
Customer agrees that in the event Customer hires R
Honeywell employee in contravention of this
Agreement, Customer will pay as liquidated damages
the sum of fifty ihousand dollars ($SO,OOOUS) t’3
Honeywell. Customer agrees that this sum is a
rcasonnbto approximation of the amount necessary to
cornpensatc Honeywell for its loss and rhar ir is not in
the nature of a penalty.
7. COMPLIANCE WITH LAWS
Customer shall compIy with all Iocal laws and
regutations applicable to thc installation, use, import
or export of the Equipment, Software (including
soffwwe licensed under this Agreemcnt) and
Confidential Information. Customer shall comply
with all applicable export control laws and
regulations of the United States and any other
country having proper jurisdiction and shall obtain all
necessary export licenses in connection with any
subsequent export, re-expon, transfer and use of all
products, technology and software licensed under this
Agreement.
Contract KO. 8@-(914BM0305) Page 10 of13 Date: 1218BO Form Rcv. 8.06 ProjcctNo. 108%
Woaeyncll Confidentid and Proprietav: This document and the inforninliaa cvukincd her& Is Confldatiol betwen HmcWCII and the named Customcr and is not to be dtrtributcd in any rnrm tn any ntha party.
Feb-26-02 12:53P Honeywell 612 830 3748 P.06
.
Schedule W’ Term & Conditions Honeywell
9. LIMlTATION OF LIABILITY
9.1 ! --
3* 3
. .I
4.2 :
INSERTED (In no event shall Honeywell, its
suppliers, of Customer be liable for indirect,
consequential, special or punitive damages relating to or arising out of performance of lhis Agreement)
10, SOFTWARE LICENSE
Far all software licensed to Cusromer as part of the
Services ucder this Agreement (hereafter “Licensed
Sofkwarc”), die provisions regarding license and
confidentiality in the Agreement governing the
original underlying Sofhvare shall apply. In cases in
which no Agreement exists, or in cases in which new
Licensed Software is delivered under this Agreement,
Honeqwell grants to Customer a license to usc the
Licensed Software as follows:
IO. I License. Hoceywell grants to Customer under
”this Agreement a nonexclusive license to use
_.
10.2
10.3
10.4
10.5
Licensed Software (i) for the intended use
thereof as described in the specifications
applicable thereto and (ii) solely for
Customer‘s own internal purposes at !he
location where the Licensed Software is
initially installed. Customer shall not revcrse
compile, disassemble, or otherwise reverse
engineer any Licensed Software. Honeywell
and its third-party suppliers shall retain sole
ownership ofthe Licenscd SoAwnre.
Additional Licenses or Use. Customer must
receive Honeywell’s prior written consent and
pay additional license fees before using
Licensed Software beyond the license granted
above.
Cmies and Modifications. Cuetomer may
make only 2 copies (or the number of copies
allowed under applicable law) ofthe Licensed
Software in non-printed, machine-readable
form, to be used solely for archival or backup purposes (“Archival Copies”). Customer shall
include all copyright and trade secret notices
and serial numbers on the Archival Copies,
which shall be owned solely by Honeywell or
its third-party suppliers. Customer may not
modify the Licensed Software except as
authorized by Honeywell in writing.
Transfer of Licensed Sohare. Customer may
transfer its license to use the Licensed
Sofhvarc to a third party only if Honeywell
gives its prior writtm consent.
Demonstration Use. If Licensed Soitware has
been provided to Customer for demonstration
or evaluation i)utposes, Customer may use
such Licensed Software for a period of 90
days from the date the LIcensed Software was
delivered to Customer. After this 90 day
period, Customer agrees to either return the
Licemcd Software to Honeywell or pay the
applicable licensc fcc for Customer’s
continued use of the Licensed Software and to
abide by these terms and conditions.
.
Feb-26-02 12:54P Honeywell 612 830 3748 P-07
-
Schedule “2’’ - Terms & Conditions Honeywell
10.6
11,
11.1
Term and Termination of License. The license
granted herein is effective on the date
Honeywell ships or insmils the Licensed
Software. whichever is earlier. Honeywell
may terminate this license if Customer
defaults under this license, and does not
remedy such default within ten (IO) days aker
receiving written notice thereof fiom
Honeywell, or is in bankruptcy. insolvency.
dissolution, or receivership proceedings. Upon
termination of this license, Honeywell may
repossvss the Licensed Software and a!l copies
without hrther notice. Promptly upon
termination of this license, Customer shall
immediately cease all use of Licensed
Software and return or destroy, as directed by
Honeywell, all copies of &e Licensed
Software.
WARRANTIES
Replacement Part% Any replacement parts
that are provided to Customer pursuant to this
Agreement are provided on an exchange ha3is.
and the replaced parts become the property of
Honeywell. Repaired or replaced parts shall
be warranted against defects in materials or
workmanship for the remainder of the unused
warranty term of the applicable Equipment or
for 90 days from shipment, whichever is
longer. Under emergency conditions, Honeywell wiil ship replacement parts to
Customer before recaiving the defective parts
from Customer. If Honeywell does not
receive the defective parts transportation
prepaid within 30 days after shipmenr ofthe
rzpiacement parts, Ciisromer will pay
Honeywell’s then-current list price for those
parts,
. .
11.2 software, Licensed Software wilt materially
comply with Honeywell’s published user
documentation, or with Honeywell’s designs or specifications generated specifically for
Customer and agreed to in writing by the
parties (“Specifications”), for one year from
the later of shipment to Customer or
installation by Honeywell, but in no event
exceeding fourteen (54) months fiom
shipment. If Customer notifies Honeywell of
materially non-complying Licensed Sofbare
and provides a description allowing the non-
compliance to be repeated, Honeywell will, at
Honeywell’s option, either: (i) provide
Customer with B correction or replacanent
Licensed Softwarq or (iii make instructions
amilabk to Customer to mdgy the Licensed
Soharc. Third-pany supplier warranties
shall apply to the extent that they arc less than
the warranties described in this Agreement,
Honeywell wanants that the Licenscd
Software provided under this Agreement was
- ,scanned for viruses known to HoneyweIl prior
to delivery to carrier or Customer. Because
viruses could be introduced to the Licensed
Software afier delivery to carrier or Customer,
Honeywell recommends that Customer
regularly scan Licensed Sohare with
updated virus scanning software.
I I .3 Generd, Work provided by Honeywell will
bc provided in a good and workmanlike
manncr, If, within SO days after completion of
any work under this Agreement, Customer
notifies Honeywell that the work was not
performed in a good and workmnnlike
manner, Honeywell shall re-perform such
work at no charge to Customer. Unless
otherwise expressly agreed to in writing by
Honeywell, Honeywell shall not be
responsible for the application and functional
adequacy of the Services provided hereunder.
11 A Exclusions. These warranties shall not apply if
a Fdilure or defect is due in whole or in pwt lo:
(i) improper use, application, maintenance,
operation or Insrallatlon of the Equipmenl or
Software, or exposure ofthc Equipmenr or
Software to operating environments outside
Honeywell’s specifications; (ii) any
modification of the Equiprncnt or Software in
a mnnner inconsistent with the applicable user
documentation or not otherwise approved in
writing by Honeywell; or (iii) use of thc
Equipment or Software with equipment or
sofhvare not approved in writkg by
Honeywell. Any costs incumd by Honeywell
in the repair of faults or errors related to these
actions shall be reimbursed by Customer at Honeyweil’s then-current rates and Customer
shall indemnify Honeywell against any
damages suffered by Honeywell that are
directly related to such faults or errors.
11.5 Limitations. The above wananties are
cxclusivc. In no event shall Honeywell or its
suppliers be liable for any warranties implied
by law or otherwise, including any warranty
.
CoGr%. 8439 t9914BMO305) Page 12 of 13 Dah: 1m
ProjextNo. LO894 Form Rtv. 8.06
lfoncywcll Canndentlnl Rid Proprietary: This document and the iurormttion ronfaincd bcrciii is CuriGdrntil Irrtnccn Ilonqwcll and
the named Customer nnd is npt to be dfatribulad in my form ta any ntha party.
Feb-26-02 12:55P Honeywell 612 830 3748 P-08
Schedule uZ” - Terms & Conditions Honeywell Schedule uZ” - Terms & Conditions Honeywell
ofmerchantability or fitnesi for apmicufar
purpose.
12. GENERAL -
f
Any change tu or waiver under this Agreement must
be in writing; waiwr in one case shall not be waive:
in a subsequent MSC. No rights arc granted except as
expressly granted in this Agreement. The Paws of the
StatelProvince in which the work is performed shdll.
solely govern this Agreement and all related disputes,
without regard to any conflicts of law provisions or
any provisions of the 1980 United Nations
Convention on the International Sale of Goods.
Sections 6,7,8,9,10, and 11 ofthis Agreement sholl
survive upon termination. In the event Customer
contract dacument (hereafter collectively a “Purchase
Order”) with respect to the Services to be provided
hereunder, the terms and conditions of this
Agreement shall superccde any terms and conditiuns
contained in any such Purchase Order unless
otherwise expressly agreed to in writing by
Honeywell; any acknowledgement of such Purchaw
Order shall be deemed solely as an acknowledgenient
of Honeywell’s receipt of the Purchase Order and is
not intended as an acceptance of the terms thereof.
-.. issues a purchase order or any other purchase . -_
.. -- Contract No. 8439 f914BMQ305) Page 13 of 13 Date: 1218150
Pmjcct No. I0894 Form Rex 8.04
Haaqwcll Confidentid ad Proprietary: Thio document and the information coamincd hrrein is Conlidcntirl brhvccn Itot~~vcfl rnrl
Ihc named Caslorner #id P not to k distributed in any form to any other parts
Feb-26-02 1Zt49P Honeywe77 612 830 3748 P.02
Unless excluded b
1.
2.
3.
4.
5.
6.
APPENDIXA
Municipal Contract Provisions
r the applicable Iaw thc folkwing provisions shdl appl] to this contract:
Deflnitions. The following definitions apply to as Appendix.
1.1 “City” means the City of Eden Prairie.
1.2 “Contracting Party” means the party or partks diat are contracting with the City
under the Contract.
“Contracr means the contract or agreement that this Appendix is attached to. 1.3
Data Practices Act. The Contracting Party shall at all times abidc by the Minnesota
Government Data Practices Act, Minn. Stat, 0 1301, et seq., to the extent that the Act is
applicable to data and documents in the hands of the Contracting Party.
Audits. ’l’he books, rzcords, documents, and accounting procedures and practices of the
Contracling Party or other parties relevant to this ngreemeiit’are subject to examination
by the City and either Legislative Auditor or the State Auditor for a pcriod of six years
after the effective date of this Contract.
Income Tax Withholding, No find paymcnt shall be made to the Contracting Party-
until the Contracting Party has provided satisfactory evidence to the City that the
Contracting Party and each of its subcontracts has complied with the provisions of Minn.
Stat. 8 290.92 relating to withholding of iwome taxes upon wiigey. A ccrtificate by the
Commissioner of Revenue shall satisfy this rcquiroment.
Wurker’s Compensation. Contracting Party represents and warrants that it has and will
maintain during the performance of this agreement worker’s compensation insurance
coverage required pursuant to Minn. Stat. 8 176.181, subd. 2 and that the certificate of
insurance or the written order of the Commissioner of Commerce permitting self
insurance ‘of worker’s compensation insurance covcrage provided to the City prior to
execution of this agreement is current and in force and effect.
Discrimination. In performance of this contract, the Contracting Party shall not
discriminate on the grounds of or because of race, color, creed, religion, national origin,
sex, marital status, status with regards to public assistance, disability, sexual orientation,
or age agdnst any employee of the Contracting. Party, any subcontractor of the
Contracting Pnrty, or any applicant for employment, The Contracting Party shalt include
a similar provisioii in a11 contracts with subcmtractors to this contract. The Contracting
Party further agrees to comply with all aspects of the Minnesota Human Rights Act.
Minn. Stat. fj 363.01, et seq., Title VI of the Civil Rights Act of 1964. and the Americans
with Disabilities Act of 1990.
1
Feb-26-02 12:5OP HonbWel~ 6.12 830 3748 P.03
7. Conflicts. No saIaried oficer or employee of the City and no member of the Board of
the City shall have a firmcial interest, direct or indirect, in this contract. The violationof
this provision renders the Contract void. Any federal regulations and applicable state
statutes shall not be violated.
8. Claims. To receive my payment on this Conat, the invoice or bill must include the
fallowing signed and dated statement: “1 declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has heen paid.”
9. - INTF,NTIONAL LEFT BLANK -
10. Contracting Pam’s Prompt Payment of Subcontractors. The contracting Party shall
pay to any subcontractor within ten (10)- days of the Contracting Party’s receipt of
payment fiom the City for .undisputed services provided by the subcontractor. The
Contracring Party shall pay interest of one and a half percent (1 W%) 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 $1 00.00, the Contracting
Party shall pay the actual amount due to the subcontractor.
1 1, Limitation of Remedies In the event of a breach of the Contract by City, the Contracting
Party shall not be entitled to recover punitive, special or conscquential damngcs or
damages for loss of business.
By signing this Appendix the parties acknowledge that the above provisions become part
of the Contract unless excluded by applicable Iaw.
CONTRACTING PARTY City
BY Mark Okey
---..- Its Field Service Manager
ep\gcntnhcontract provisions I OiOOUHONEY WELLrl
BY
Its Mayor
BY Its City hIanager
2
CITYCOKJNCILAGENDA I
SERVICE AREALDMSION:
Financial Services Director
Donald Uram
ITEM DESCRIPTION:
Resolution Calling For A Public Hearing On The
Proposed Issuance Of Revenue Notes by the City
of Blaine
DATE:
March 19,2002
ITEM NO.:
Requested Action
Move to: Adopt Resolution Calling For Public Hearing on the Proposed Issuance of Revenue Notes
Synopsis
Minnesota Statutes require as a condition to the issuance of Revenue Notes that a public hearing be
held. This public hearing is scheduled for April 16. The City is required to hold this hearing because
a portion of bonds will be used to finance Fraser’s properties in Eden Prairie. The City of Blaine was
selected as the primary issuer because the bonds could be bank qualified.
Background
Fraser (formerly known as Fraser Community Services) is a 501(c)(3) non-profit corporation
providing a variety of services to developmentally disabled children and adults throughout the
metropolitan area. As part of their request, Fraser has asked that the City of Eden Prairie: (i) give host
approval to the issuance of revenue bonds, notes, or other obligations (the “Bonds”) by the City of
Blaine, Minnesota (the “Issuer”), a portion of which in the amount of $475,000 will be applied to
finance and refinance a project hereinafter described to be undertaken by Fraser, a Minnesota non-
profit corporation; (ii) execute a Joint Powers Agreement with the Issuer; and (iii) adopt a housing
program with respect to the housing project hereinafter described (the “Project”).
The Issuer will apply the proceeds of the Bonds to finance and refinance the Project and other housing
developments (the “Developments”) located in the Issuer and several other cities in the State of
Minnesota. The maximum aggregate estimated principal amount of the Bonds to be issued by the
Issuer to finance and refinance the Project and the other Developments is $4,000,000.
Attachment
Resolution
Project Description
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2002-
RESOLUTION CALLING FOR A PUBLIC HEARTNG ON
THE PROPOSED ISSUANCE OF REVENUE NOTES BY
THE CITY OF BLAINE, MINNESOTA UNDER
MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED,
FINANCE PROPERTY FOR THE BENEFIT OF IiliASER
AND SECTIONS 469.152 - 469.165, AS AMENDED, TO
BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, that the
Council shall conduct a public hearing on the proposed issuance by the City of Blaine, Minnesota of
revenue notes to refinance and rehabilitate residential group home facilities for the benefit of
Fraser, a Minnesota nonprofit corporation, pursuant to the Minnesota Statutes, Chapter 462C, as
amended, and Minnesota Statutes, Sections 469.152 - 469.165, as amended, (collectively, the
“Act”). The hearing will be held by the City Council at City Hall, 8080 Mitchell Road, Eden
Prairie, Minnesota, at 7:OO p.m. on Tuesday, April 16,2002. The portion of the Project proposed to
be located in the City is described in the form of Notice of Public Hearing attached hereto as
Exhibit A, which is hereby approved. The City Clerk is authorized and directed to cause the Notice
of Public Hearing to be published once, at least 14 days prior to the date of the hearing.
ADOPTED by the Eden Prairie City Council on the 19th day of March, 2002.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
a
CITY OF EDEN PRAIRIE, MINNESOTA
NOTICE OF PUBLIC HEARING ON THE ISSUANCE OF
REVENUE BONDS TO FINANCE AND REFINANCE
HOUSING AND HEALTH CARE FACILITIES AND A
PROPOSED HOUSING PROGRAM (FRASER PROJECT)
NOTICE IS HEREBY GIVEN that the City Council of the City of Eden Prairie,
Minnesota (the “City”), will meet on Tuesday, April 16, 2002 at 7:OO p.m. at the City Hall,
8080 Mitchell Road, in Eden Prairie, Minnesota for the purpose of conducting a public hearing
on a proposal that the City: (i) give host approval to the issuance of revenue bonds, notes, or
other obligations (the “Bonds”) by the City of Blaine, Minnesota (the “Issuer”) pursuant to
Minnesota Statutes, Chapter 462C, as amended, and Sections 469.152 - 469.165, as amended, a
portion of which in the amount of $475,000 will be applied to finance and refinance a project
hereinafter described to be undertaken by Fraser, a Minnesota non-profit corporation (the
“Borrower”); (ii) execute a Joint Powers Agreement with the Issuer; and (iii) adopt a housing
program (the “Housing Program”) with respect to the housing project hereinafter described (the
“Project”).
The Issuer will apply the proceeds of the Bonds to finance and refinance the Project and
other housing developments (the “Developments”) located in the Issuer and several other cities
in the State of Minnesota. The maximum aggregate estimated principal amount of the Bonds to
be issued by the Issuer to finance and refinance the Project and the other Developments is
$4,000,000. The Borrower will be the owner and operator of the Project and the other
Developments. The Borrower will be the obligor under the Bonds. The Project and the other
Developments will be managed by the Borrower.
The Bonds, as and when issued, will not constitute a charge, lien or encumbrance upon
any property of the City, except the interest of the City in the Project and the revenues to be
derived from the Project. The Bonds will not be a charge against the general credit or taxing
powers of the City or the Issuer, but are payable from sums to be paid by the Borrower pursuant
to a revenue agreement.
At the time and place fixed for the public hearing, the City Council of the City will give
all persons who appear at the hearing an opportunity to express their views with respect to the
financing of the Project pursuant to the Housing Program. Written comments will be considered
if submitted at the above City office on or before the date of the hearing.
Dated:
[pate of Publication]
CITY OF EDEN PRAIRIE, MINNESOTA
3
Wells Fargo Brokerage Services, LLC
MAC: N9303-095, Ninth Floor
608 Second Avenue South
Minneapolis, MN 55479
612/667-6785
Memo
DATE: March 8,2002
TO:
FROM: Cynthia Chamberlain
Joint Powers Issuers for Fraser
RE: Fraser project
Fraser (formerly known as Fraser Community Services) is a 501 (c)(3) non-profit corporation providing a
variety of services to developmentally disabled children and adults throughout the Twin-Cities
metropolitan area. Fraser has requested that the City of Blaine act as issuer of tax-exempt debt to
finance Fraser’s ownership of 22 single family residences which house developmentally disabled adults
and children. These homes are located within the cites of Blaine, Richfield, Plymouth, Edina,
Bloomington, Eden Prairie, Brooklyn Park, Golden Valley, and Minnetonka. We have made this request
of Blaine because they are able to designate the funding as bank-qualified for 2002.
Since its inception as a home school for children with disabilities in 1935, Fraser has worked to help
people of all levels of ability reach their potentials and maximize their abilities. This year, Fraser will
serve almost 2,500 people with special needs through four operating divisions: Fraser School, Fraser
Child & Family Center, Fraser Rehabilitation Services, and Fraser Residential Services. Fraser serves
children and adults with Down- syndro&, cerebral palsy, autism, and many other developmental
disabilities; children withqecial medical needs; children with neurological disorders; and children who
are at risk for abuse and neglect. . -4
~ 2.
Fraser Residential Services consists of two programs: Four apartment complexes for I 18 adults
with developmental disabilities; and Muriel Humphrey Residences, which are 22 four-person
homes serving 82 adults and 4 children with developmental disabilities.
It is Muriel Humphrey Residences that would use the requested tax-exempt financing. Muriel
Humphrey Residences provide an assisted-livingkemi-independent residential opportunity for
adults who wish to live in a small residential setting within the larger Twin Cities community. They
provide 24-hour care that includes nursing and therapy services for those who require them. The
Muriel Humphrey residences are located in Hennepin and Anoka Counties. A complete listing of
the locations is attached.
Fraser’s services are supported by contributions from the community, government service fees,
parents’ fees and medical insurance. Despite the fact that Fraser will serve more than 2,500
people this year, hundreds of children, adults, and families remain on waiting lists. Additionally,
4
rates paid by governments and insurers for these services do not provide funding sufficient to
serve adequately the clients needs.
Tax-exempt financing of Muriel Humphrey Residences’ houses would allow Fraser to reduce
directly the costs of operating this valuable program. The houses owned in this program have
been financed with taxable mortgages. We are proposing to. replace that taxable financing with
tax-exempt. In addition, Fraser has substantial equity in these facilities so we are planning to use
some of this equity to pay down other higher cost debt. Overall, this financing will allow Fraser to
reduce its operating costs by almost $50,000 per year for ten years. This will allow Fraser more
funds to attract direct care staff to work in the program and to develop additional housing
opportunities for these clients.
Materials describing Fraser and its programs are also enclosed in this package. Thank you very much
for your assistance in accomplishing this financing.
Please call me at 61 2-667-6785 with any questions
0 Page2
5
KEMlVEDY & GRAVEN
CHARTERED
200 South Sixth Street
470 Pillsbury Center, Minneapolis, MN 55402
612-337-9300
. John Utley
Voice: 612-337-9270 / Fax: (612) 337-9310 / E-mail: jutley@kennedy-graven.com
TO: The City Council of Each Participant City Under the Joint Powers Agreement
FROM: John Utley ..
RE: Joint Powers Agreement and the Issuance of Revenue Bonds’ to Finance and
Refinance Facilities Owned and Operated by Fraser, a Minnesota nonprofit
. corporation
DATE: Friday, March 08,2002
Fraser, a Minnesota nonprofit corporation (“Fraser”), currently owns and operates twenty-two
residential group home facilities (the “Group Homes”) located in the City of Blaine, Minnesota
(“Blaine”), the City of Bloomington, Minnesota (“Bloomington”), the City of Brooklyn Park (“Brooklyn
Park”), the City of Eden Prairie, Minnesota (“Eden Prairie”), the City of Edina, Minnesota (“Edina”), the
City of Golden Valley, Minnesota (“Golden Valley”), the City of Minnetonka, Minnesota
(“Minnetonka”), the City of Plymouth, Minnesota (“Plymouth”), and the City of Richfield (“Richfield”).
Fraser financed the initial acquisition and development of the Group Homes with a conventional loan but
is now proposing to refinance this conventional loan with tax-exempt indebtedness in conjunction with
the moderate rehabilitation of the Group Homes.
Pursuant to the provisions of Minnesota Statutes, Chapter 462C, as amended (the “Housing Act”),
any city may issue revenue bonds or obligations to finance the rehabilitation of multifamily housing
developments and, in conjunction with such financing, may refinance any existing indebtedness with
respect to the facilities to be rehabilitated.
On October 3, 2001, the City of Minneapolis (“Minneapolis”) issued its Revenue Note (The
Fraser Child and Family Center Project), Series 2001A (the “Series 2001A Note”), in the original
aggregate principal amount of $1,000,000, and its Revenue Note (The Fraser Child and Family Center
Project), Series 2001B (the “Series 2001B Note”), in the original aggregate principal amount of $750,000
(the Series 2001ANote and the Series 2001B Note are hereinafter colIectively referred to as the “Notes”),
pursuant to the provisions of Minnesota Statutes, Section 469.152-469.165, as amended (the
“Development Act”), and Resolution 2001R-371, adopted by the City Council of Minneapolis on August
24, 2001. The proceeds derived fiom the sale of the Notes were loaned to Fraser to finance the
acquisition and construction of a development achievement center for children with autism and related
disorders located at 3333 University Avenue S.E. in the City of Minneapolis (the ‘Minneapolis Facility”).
Pursuant to the provisions of the Development Act, a city may issue revenue bonds to refund, in
whole or in part, bonds previously issued by a city under the authority of the Development Act.
It would not be economically efficient for each city referenced above to issue revenue bonds with .
respect to the Group Home or Group Homes located solely in each such city or with respect to the the
Minneapolis Facility. However, Minnesota Statutes, Section 471.59, as amended (the “Joint Powers
Act”), provides that two or more governmental units, by agreement entered into through action of their
governing bodies, may jointly or cooperatively exercise any power common to the contracting parties,
and may provide for the exercise of such power by one of the participating governmental units on behalf
of the other participating units. Blaine has indicated that it is willing to issue revenue bonds or other
revenue obligations under the Housing Act and under the Development Act to finance and refinance all of
the Group Homes and the Minneapolis Facility. Blaine may do so only if Blaine and the cities of
Bloomington, Brooklyn Park, Eden Prairie, Edina, Golden Valley, Minneapolis, Minnetonka, Plymouth,
and Richfield (the “Joint Powers Participants”) enter into the Joint Powers Agreement, dated on or after
April 1 , 2002 (the “Joint Powers Agreement”), authorizing Blaine to issue one or more series of revenue
bonds or obligations for these purposes.
Fraser is requesting that the city councils of each of the Joint Powers Participants hold a public
hearing with respect to this transaction as required by applicable provisions of the Housing Act and the
Development Act and Section 147(f) of the Internal Revenue Code of 1986, as amended, and to consider
and adopt a resolution approving a housing program with respect to each city (other than the City of
Minneapolis), approving the issuance of revenue bonds or obligations‘ by Blaine for the purposes
described above, and authorizing the execution and delivery of the Joint Powers Agreement.
The revenue bonds or obligations to be issued by Blaine will be limited obligations of Blaine
payable solely from the revenues pledged to the payment thereof, and will not be a general or moral
obligation of Blaine or any of the other Joint Powers Participants or be secured by the taxing power or
any property or assets of Blaine or any of the other Joint Powers Participants. The issuance of such
revenue bonds or obligations by Blaine will not impose any limitation or restriction on the governmental
bonds that any of the Joint Powers Participants may propose to issue and any financial difficulties with
respect to such revenue bonds or obligations will‘have no adverse impact on the ratings maintained by
any of the Joint Powers Participants.
Please contact me at your convenience with any questions.
& GRAVEN, CHARTERED
JohnUt y Ik, d-
NR185-081 (JU)
21 1247v.l
CITYCOUNCILAGEMDA
SECTION: Public Hearings
DATE: 03-19-02
SERVICE AREA/DMSIoN: ITEM DESCRIPTION:
Community Development
Donald R. Uram 1. Michael D. Franzen Guide Plan Update
1
I ITEMNO.:
Requested Action
Move to:
0
0
Close the Public Hearing, except continue the Public Hearing on the Aviation Chapter to
May 21,2002; and
Adopt the Resolution for Comprehensive Guide Plan Update
Synopsis
This is a continued item fi-om the February 5,2002 meeting.
The City Council is required to hold a public hearing for adoption of the Guide Plan Update.
i The Resolution does not include approval of the Aviation Chapter. This will occur after the City
and the Metropolitan Airports Commission finishes negotiations and finalizes an agreement. The
City Council should continue discussion on the Aviation Chapter.
The Community Planning Board finished its review of the Guide Plan Update on November 13,
2001. The Board did not recommend any land use changes. The Board recommended minor
changes to proposed policies.
Background
The Guide Plan Update is primarily a statistical update of the approved 1982 plan. The Update
includes growth forecasts and plans for the year 2020, or full development of the City.
GUIDE PLAN UPDATE SUMMARY
0 The population will increase from 54,485 to 64,000 in year 2020.
0 Households will increase from 21,400 to 24,459 in year 2020.
0 There are 1,700.99 acres of land left to develop. Topography, trees, wetlands, and shoreland
restrict 37% of the remaining vacant land.
low-density - 1,192.24 acres 1,878-2,881 Units
0 medium density - 115.05 acres 486-771 Units
I
(sty Council Agenda March 19,2002
Public Hearings - Guide Plan Update
Page 2 of 2
0 high-density - 52.02 acres 572-908 Units
0 commercial - 94.08 acres 516,363 - 819,624 Sq. ft.
0 office - 192.82 acres 1,587,358 - 2,519,771 Sq. ft.
0 industrial - 54.78 acres 450,994 - 715,865 Sq. ft.
0 Incorporates the 1997 Vision and Strategic Management Value Statements
0 Includes new policies:
0 Southwest Metro
0 Livable Communities-affordable and life cycle housing
0 Travel Demand Management
0 Housing in the Golden Triangle Area for traffic reduction
0 Maintains the Flying Cloud Azrport as a minor airport
0 New maps based on a parcel identification system
Attachments
1.
2.
Resolution for Adopting Comprehensive Guide Plan Update
Community Planning Board Summary Recommendations
a
Comprehensive Guide Plan Update
CITY OF EDEN PRAIRIE
HEmPIN COUNTY, MINNESOTA
RESOLUTION NO. 2002-
A RESOLUTION ADOPTING THE
2002 COMPREHENSIVE GUIDE PLAN UPDATE
WHEREAS, the City of Eden Prairie has prepared and adopted the
Comprehensive Guide Plan (“Plan’’); and
WHEREAS, the Community Planning Board has reviewed the Comprehensive
Guide Plan Update and recommended approval of the plan to the City Council ‘on
November 13,2001, and
WHEREAS, the City Council did consider the request on March 19,2002.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Eden Prairie, Minnesota, hereby adopts the 2002 Comprehensive Guide Plan Update,
with the exception of the Aviation Chapter.
ADOPTED by the City Council of the City of Eden Prairie this 19th day of
March, 2002.
ATTEST:
Nancy Tyra-Lukens, Mayor
Kathleen A. Porta, City Clerk
3
MEMORANDUM
To: Community Planning Board
From:
Date: November 13,2001
Subject:
Michael D. Franzen, City Planner
Comprehensive Guide Plan Update Summary and aen euirie
Community Planning Board Recommendations
LAND USE
SUMMARY
0 There are 1,700.99 acres of land left to develop. Topography, trees, wetlands, and
shoreland restrict 37% of the remaining vacant land.
0 low-density - 1,192.24 acres 1,878-2,881 units
0 medium density land - 115.05 acres 486-771 units
0 high-density - 52.02 acres 572-908 units
0 commercial - 94.08 acres 516,363 - 819,624 Sf.
0 office - 192.82 acres 1,587,358 - 2,519,771 Sf.
industrial - 54.78 acres 450,994 - 715,865 Sf.
COMMUNITY PLANNING BOARD RECOMMENDATIONS
1. No land use changes.
2. Policies are needed to encourage more senior housing, and high-density housing in the
3. Policies give the city better control and greater flexibility.
4. Consider additional neighborhood commercial in southwest Eden Prairie.
Golden Triangle Area.
HOUSING
SUMMARY
Historically, the City has planned for and promoted housing for everyone. This
concept was supported in several housing documents including the 1968
Comprehensive Plan, the 1971 Housing Task Force Report, the 1977 Housing Report,
the 1993 Housing Study Report, and the 1996 Livable Communities Action Plan.
The current inventory reflects efforts to provide a variety of housing choices for the
community, with 55% single family, 10% townhomes, 10% condos, 3% duplex, and
22% apartments.
The Livable Communities Act was adopted by the legislature in 1995, and is a
voluntary program aimed at providing more affordable and life cycle housing
primarily in suburban communities.
The City has participated since 1996 and has adopted specific goals for affordable
housing production.
0 The City is achieving its goals in the areas of affordable rental housing, housing
density, and life-cycle housing mix. It is falling behind in the area of affordable
ownership housing because of rising property values and a shortage of funding
resources.
0 Several housing preservation programs are available to Eden Prairie residents
including: the Housing Rehabilitation Loan Program, the Housing & Outside
Maintenance for Elderly Program, the Minnesota Fix-Up Fund, and the Hennepin
County Rental Rehab Program.
COMMUNITY PLANNING BOARD RECOMMENDATION
1. Recommend adding a goal to consider establishing a land trust, or partner with an
existing land trust, for the purpose of developing more affordable ownership housing,
including measures to keep existing properties within affordable price ranges.
TRANSPORTATION
SUMMARY
The approved 1997 Transportation Plan reports a need for 40 million dollars worth of
capital improvement projects for years 1997 to 2015. Funding sources are Municipal
State Aid, Tax Increment Financing, and Special Assessments.
Southwest Metro provides transit service for Eden Prairie, including internal circulator
routes and service to Minneapolis and St Paul.
Travel Demand Management Plans are required for all new projects in the Golden
Triangle Area.
COMMUNITY PLANNING BOARD RECOMMENDATION
1. Continue to implement the 1997 Capital Improvement program for road projects.
2. Continue with the requirement for Travel Demand Management Plans.
5
3. SW Metro should increase internal circulator routes.
4. Policies should be developed to promote housing in the Golden Triangle Area.
AIRPORT’
SUMMARY
0 Flying Cloud Airport should remain a Minor Use facility.
0 Land uses surrounding the existing airport are compatible.
0 Metropolitan Council’s Land Use Compatibility Guidelines for Aircraft Noise will be
used to guide future development around the airport.
0 Metropolitan Airports Commission is acquiring state safety zones A and B to
maintain clear approach corridors to the airport.
0 The City will work to protect all primary, horizontal, approach, transitional, and
conical airspace form vertical intrusion.
0 The City will implement a Design Framework Manual for development on airport
property.
0 Any proposal to expand the airport must to be consistent with the City Council’s
position paper on the Expansion of Flying Cloud Airport.
COMMUNITY PLANNING BOARD RECOMMENDATION
1. Final discussion of this chapter and recommendations will occur after a final
resolution is made between the City and the MAC.
PARKS AND OPEN SPACE
SUMMARY
0 There are 4,686 acres of publicly owned land that is park or open space.
0 The City manages 54 parks and conservation areas.
0 One additional neighborhood park is needed in south central part of the City.
0 COMMUNITY PLANNING BOARD RECOMMENDATION
0 Continue to implement the capital improvement program.
UTILITIES
SUMMARY
City began pumping municipal water in 1971. There have been four expansions to
the water system, the last was completed in 1999. The water system will serve a
population up to 65,000 people.
6
The water treatment plant can process up to 28 million gallons per day,
There are 13 wells. Two more wells are needed.
The trunk sewer system is entirely built.
No MUSA Line expansion is proposed. The Local Water Management Plan will be
completed in 2002 and incorporated into this document. The plan will address
stormwater management.
Septic systems will be phased out according to City Council policy.
The City has adopted a Wetlands Management and Protection Plan.
COMMUNITY PLANNING BOARD RECOMMENDATION
1. Continue to implement the approved Water Supply Plan and Sanitary Sewer Plan.
CITYCOUNCILAGENDA
SECTION Public Hearings
SERVICE AREADMSION:
Community Development ITEM DESCRIPTION:
Donald R. Uram
Danette M. Moore
Prairie Center Drive Medical Building
DATE: 3/19/02
ITEM NO.:
Requested Action
Move to:
0 Close the Public Hearing; and
0 Adopt the Resolution for PUD Concept Amendment 011-6.62 acres; and
0 Approve lSt Reading of the Ordinance for PUD District Review, Zoning District
Amendment within the Office Zoning District on 3.7 acres, and Zoning District
Change from 1-2 and Rural to Office on 2.92 acres; and
0 Adopt the Resolution for Preliminary Plat on 6.62 acres into 2 lots; and
0 Direct Staff to prepare a Developer’s Agreement incorporating Staff and Board
recommendations and Council conditions.
Synopsis
The project is for a new 28,400 square foot medical office building and a 14,800 square foot
expansion to the existing Fairview Clinic located at 800 Prairie Center Drive.
Community Planning Board Recommendation
The Community Planning Board voted 7-0-1 (Stolting abstained) to recommend approval of the
project to the City Council at the February 25,2002 meeting.
Background Information
The site plan shows a two-story, 28,400 square foot medical office building on approximately
three acres. The building meets the requirements of the Office Zoning District in respect to base
area ratio, floor area ratio, number of parking stalls, and setbacks.
The plan also shows a fbture expansion of 14,800 square feet to the existing Fairview Clinic.
A zero foot setback for shared offsite parking is proposed for both sites. A cross access and
parking easement will be necessary.
The project requires the following Planned Unit Development waivers:
Building height of 54 feet. Code allows 30 feet.
0 Zero foot setback for shared offsite parking. Code requires a 10 foot setback from a
side or rear lot line.
City Conncil Agenda March 19,2002
PnbIic Hearings-Prairie Center Drive Medical Building
Page 2 of 2
These waivers may be appropriate based on the following:
0 Located in an area intended for higher intensity development
0 Maximize tree preservation
0 Both medical facilities will share parking
Attachments
1. Resolution for PUD Concept Amendment
2. Resolution for Preliminary Plat
3. Staff Report dated February 22,2002
4. Unapproved Community Planning Board minutes dated February 25,2002
PRAIRIE CENTERDRIVE MEDICAL BUILDING
CITY OF EDEN PRAIRIE
HEmPIN COUNTY, MINNESOTA
RESOLUTION NO. 2002-
RESOLUTION APPROVING TEE PRELIMINARY PLAT
OF PRAIRTE CENTER DRIVE MEDICAL BUILDING FOR GROOTWASSINK REAL
ESTATE
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Prairie Center Drive Medical Building for Grootwassink Real Estate
dated March 6,2002, and consisting of 6.62 acres into 2 lots, a copy of which is on file at the City
Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting
ordinances, and amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 19th day of March, 2002.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen A. Porta, City Clerk
PRAIRIE CENTERDRnTEMEDICAL BUILDING
ClTy OF EDEN PRATRIE
EENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2002-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT AMENDMENT OF PRAIRIE CENTER DRIVE MEDICAL BUILDING
FOR GROOTWASSINK REAL ESTATE
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned
Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Community Planning Board did conduct a public hearing on Prairie Center
Drive Medical Building by Grootwassink Real Estate and considered their request for approval of the
PUD Concept Amendment and recommended approval of the request to the City Council; and
WHEREAS, the City Council did consider the request on March 19,2002.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota,
as follows:
1. Prairie Center Drive Medical Building, being in Hennepin County, Minnesota, legally
described as outlined in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept Amendment approval as outlined in
the plans dated March 6,2002.
3. That the PUD Concept Amendment meets the recommendations of the Community
Planning Board dated February 25,2002.
ADOPTED by the City Council of the City of Eden Prairie this 19th day of March, 2002.
I Nancy Tyra-Lukens, Mayor
Kathleen A. Porta, City Clerk
Exhibit A
Prairie Center Drive Medical Office Building
Legal Description:
Lot 2, Block 1, Dataserv Business Center, except that part taken for right-of-way, being Parcel 86 of
Minnesota Department of Transportation right-of-way Plat No. 27-53; all according to the plats
thereof of record in Hemepin County, Minnesota.
5
STAFF REPORT
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
APPLICANT:
OWNER
LOCATION:
REQUEST:
Community Planning Board
Danette M. Moore, Planner
Michael D. Franzen, City Planner
February 22,2002
Prairie Center Drive Medical Building
Grootwassink Real Estate
Fairview Health Services
800 Prairie Center Drive, southeast of Fairview Clinic
1. Planned Unit Development Concept Amendment on 6.62 acres
2. Planned Unit Development District Review with waivers on 6.62
acres
3. Zoning District Amendment within the Office District on 3.7 acres
4. Zoning District Change fi-om Industrial (1-2) and Rural to Office on
2.92 acres
5. Site Plan Review on 6.62 acres
6. Preliminary Plat of 6.62 acres into two lots
Staff Report- Prairie Center Drive Medical Bnilding
February 22,2002
BACKGROUND
The site is guided office. Surrounding land is guided office, commercial, and industrial. The site is
currently zoned rural, office, and industrial. Surrounding land uses are zoned office and commercial.
Currently the site contains a one-story, 15,200 square foot Fairview medical office building and
parking.
In 1991 the City Council approved a Concept Plan for a second building of approximately 15,000
square feet on the property. Rezoning of the site did not take place at that time since specific site
plans were not available.
SITE PLAN
The site plan shows a two-story, 28,400 square foot medical office building on approximately three
acres. The building meets the requirements of the Office Zoning District in respect to base area ratio,
floor area ratio, and setbacks.
City Code requires 5 parking stalls per 1,000 square feet of gross floor area, or 142 spaces. The plan
shows 142 parking spaces, 29 of which are enclosed.
The plan also shows a future expansion of 14,800 square feet to the existing Faiwiew medical office
building, with 83 additional parking spaces, meeting City Code.
A zero foot setback for shared offsite parking is proposed for both sites. A cross access and parking
easement will be necessary.
PRELIMINARY PLAT
The Preliminary Plat shows the subdivision of the 6.62 acre site into two lots of 3.7 acres and
2.92 acres.
PLANNED UNIT DEVELOPMENT WAIVERS
The project requires the following Planned Unit Development waivers:
0 Building height of 54 feet. Code allows 30 feet.
0 Zero foot setback for shared offsite parking. Code requires a 10 foot setback from a side
or rear lot line.
Staff Report - Prairie Center Drive Medical Building;
February 22,2002
These waivers may be appropriate based on the following:
0 Located in an area intended for higher intensity development
0 Maximize tree preservation
0 Both medical facilities will share parking
LANDSCAPING AND TREE REPLACEMENT
The landscaping plan proposes 99 caliper inches, which meets City Code requirements for caliper
inches and screening of parking areas.
The site has 665 caliper inches of significant trees. Tree loss is 241 caliper inches or 36%. Tree
replacement is 116 caliper inches. The plan shows 116 caliper inches, meeting City Code.
UTILITIES AND DRAINAGE
City sewer and water are available adjacent to the site.
To maximize tree preservation, the proponent has requested the site utilize stormceptors and direct
storm water to the south side of Prairie Center Drive, as an alternative to an onsite NURP pond. The
City has planned for a regional storm water pond on the west side of Prairie Center Drive. The
proponent will be contributing financially toward the construction of this pond.
ACCESS
The proposed structure will utilize the existing southern access along Prairie Center Drive. A cross
access and parking easement will be necessary.
ARCHITECTURE
The exterior elevations meet City Code for 75% brick and glass.
The Fairview medical office building expansion will be 75% brick and glass. The building will be
architecturally consistent with the existing structure.
LIGHTING
The lighting will consist of eighteen, 25-foot tall downcast shoebox lights, meeting City Code.
#
Staff Report - Prairie Center Drive Medical BuiIchg
February 22,2002
SIGNS
The plan has proposed signage for a retaining wall and building wall. The City Code allows one
sign per building frontage. Prior to City Council review the proponent will need to revise the
signage plan to meet City Code requirements.
TRAVEL DEMAND MANAGEMENT PLAN
A Travel Demand Management Plan is being prepared for the project and will be completed prior to
City Council review.
STAFF RECOMMENDATION
Staff recommends approval of the following:
0 Planned Unit Development Concept Amendment on 6.62 acres
0 Planned Unit Development District Review with waivers on 6.62 acres
0 Zoning District Amendment within the Office District on 3.7 acres
0 Zoning District Change fkorn Industrial (1-2) and Rural to Office on 2.92 acres
0 Site Plan Review on 6.62 acres
0 Preliminary Plat of 6.62 acres into two lots
This would be based on plans dated February 15, 2002, this staff report, and the following
conditions:
1. Prior to City Council review, the proponent shall:
A.
B.
Submit a Travel Demand Management Plan for review by the City Traffic Engineer.
Revise the signage program to meet City Code.
2. Prior to building permit issuance, the proponent shall:
A.
B.
C.
D.
E.
F.
Review the building plans with the Fire Marshal.
Submit erosion control plans for review by the City Engineer and Watershed District.
Submit a landscaping bond in accordance with City Code.
Pay the cash park fee.
Submit parking and cross access easements between the proposed site and the
Fairview medical office building.
Submit samples of exterior materials for review.
P
9
Staff ReDort - Prairie Center Drive Medical Bnildin~
February 22,2002
3. The following waivers to the City Code are granted as part of the PUD:
0 Building height of 54 feet. Code allows 30 feet.
0 Zero foot setback for shared offsite parking. Code requires a 10 foot setback fiom a side
or rear lot line.
Community Planning Board Minutes
February 25,2002
Page 2 of 5
C. PRAIRIE CENTER DRIVE MEDICAL BUILDING by Grootsvassink Real
Estate Request for: Planned Unit Development Concept Amendment on 6.62
acres, Planned Unit Development District Review with waivers on 6.62 acres,
Planned Unit Development cres, Preliminary Plat of 3.45 acres into one lot, two
outlots and road right-of-way. Location: Southeast corner of Mitchell Road and
Martin Drive.
The public hearing opened at 7:05 p.m.
Todd Mohagen, Mohagen Architects showed the existing Fairview site. Their site
is flat and goes steeply uphill. The challenge is to create an economical building
within the confines of the topography. Their solution was to utilize the existing
right in right out and create tiered parking which reduces the on-grade parking.
Fairview wishes to have a maximum of 14,800 square feet. The fiont elevation
has two stories, a canopy over the entrance, buff limestone, banding, brick
detailing, and slate/asphalt shingling. Locating storm water runoff was a
challenge. They are working with the watershed and staff to take care of the site
by installing a storm septer. They are below 40% tree removal.
Franzen noted staff recommends approval according to the recommendations in
the staff report on pages four and five.
Foote inquired about the retaining wall in back of the building. It appears to be
about twenty feet high.
The developer stated yes, at its highest point, based upon the fbture addition.
There is a significant wall that will be there if they build 14,800 square feet. If
they go about 12,000 square feet it will be about a six foot wall.
Foote asked whether there were height standards for retaining walls.
Franzen stated the standards for retaining walls were based on engineering and
construction; there were no standards for height.
Nelson inquired whether the building had an elevator.
The architect stated yes.
Nelson asked why two rather than three stories were proposed.
The architect said the developer feels the underground parking is an amenity for
the project and potential lessees would like this. The two stories are based upon
potential tenants and they wished the first floor to be accessible at street level.
Stock asked how high the current Fairview building was.
Community PIanning Board I\i3[inntes
February 25,2002
Page 3 of 5
Franzen stated 20 feet. This is about 54 feet fiom the lower level of the parking
lot. The space on this building is about 12 feet per floor.
Stock asked what the height would be fiom Prairie Center Drive.
Franzen stated about 35 feet.
Sodt asked whether there was another floor allowed for in the building.
The architect stated no.
Sodt asked whether Fairview would owdoperate the building.
The architect stated it would be owned by Grootwassink and occupied by tenants
that would serve the Fairview system.
Sodt inquired about the lack of detail on the inside of the building.
The architect stated it was for future tenants who had not been secured.
Corneille stated there are two waivers requested, for building height and shared f
off-site parking.
Nelson said the shared parking was justified and she was not bothered by zero lot
line in this case.
Sodt inquired whether the added parking would affect the existing entrances fiom
a traffic standpoint.
Gray stated it had access to a signalized intersection.
MOTION by Corneille, second by Nelson to close the public hearing. Motion
carried, 8-0.
The public hearing closed at 7:22 p.m.
MOTION by Stock, second by Nelson to approve Prairie Center Drive Medical Building
by Grootwassink Real Estate Request for: Planned Unit Development Concept
Amendment on 6.62 acres, Planned Unit Development District Review with waivers on
6.62 acres, Planned Unit Development cres, Preliminary Plat of 3.45 acres into one lot,
two outlots and road right-of-way. Location: Southeast comer of Mitchell Road and
Martin Drive with conditions listed in the staff report. Motion carried, 7-0-1, abstention
Brooks.
CITYCOUNCILAGENDA
SECTION Public Hearings
SERVICE AREA/DMSIoN:
Community Development
Donald R. Uram
Scott A. Kipp
DATE: 03/19/02
EM DESC~~ON:
Mitchell Crossing
ITEM NO.:
Jm.c I
Requested Action
Move to:
0 Close the Public Hearing; and
0 Adopt the Resolution for Planned Unit Development Concept Amendment on 3.45 acres;
and
Approve lSt Reading of the Ordinance for Planned Unit Development District Review with
waivers within the Community Commercial Zoning District on 3.45 acres; and
Adopt the Resolution for Preliminary Plat on 3.45 acres into one lot, two outlots and road
right-of-way; and
Direct Staff to prepare a Developer’s Agreement incorporating Staff and Board
recommendations and Council conditions.
Synopsis
This project is a preliminary plat to meet Amoco’s lease option to acquire its portion of the 3.45-
acre site. The project is located at the southeast corner of Mitchell Road and Martin Drive.
Community Planning Board Recommendation
The Community Planriing Board voted 8-0 to recommend approval of the project to the City
Council at the February 25,2002 meeting.
Background Information
PUD waivers will be necessary for the platting of this property.
These waivers include:
Lot size of 0.71 acres for Lot 1, 1.8 acres for Outlot A, and 0.375 acres for Outlot B. Code
requires a minimum lot size of 5 acres.
0 Shoreland lot size of 0.375 acres for Outlot B. Code requires a minimum lot size of 2 acres
for an abutting lot.
0 Lot width and depth less than 300 feet for Lot 1, Outlots A and B. Code requires a minimum
width and depth of 300 feet.
Front yard parking setback of 8 feet. Code requires 17.5 feet for a corner lot.
City Council Agenda March 19,2002
Public Hearings - Mitchell Crossing
Page 2 of 2
0 Rear yard accessory structure setback of 5 feet for Lot 1 for the car mash. Code requires a
10-foot setback.
0 Zero foot setback for the pylon sign. Code requires a 20-foot setback for a comer lot.
These waivers may have merit based on addressing the following:
0 Amoco’s mortgage requirements.
0 Existing site conditions from MnDOT’s acquisition of portions of the property for the
T.H.2 12 improvement.
No development of the property is proposed at this time.
The developer proposes to gift Outlot B to the City.
Attachments
1.
2. Resolution for Preliminary Plat
3.
4.
Resolution for PUD Concept Amendment
Staff Report dated February 22,2002
Unapproved Community Planning Board Minutes dated February 25,2002
MITCHELL CROSSING
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2002-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT AMENDMENT OF MITCHELL CROSSING
FOR MITCHELL/S, INC.
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned
Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Community Planning Board did conduct a public hearing on February 25,
2002, and considered their request for approval of the PUD Concept Amendment and recommended
approval of the request to the City Council; and
WHEREAS, the City Council did consider the request on March 19,2002.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Mitchell Crossing, being in Hennepin County, Minnesota, legally described as
outlined in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept Amendment approval as outlined in
the plans dated February 7,2002.
3. That the PUD Concept Amendment meets the recommendations of the Community
Planning Board dated February 25,2002.
ADOPTED by the City Council of the City of Eden Prairie this 19th day of March, 2002.
Nancy Tyra-Lukens, Mayor
Kathleen A. Porta, City Clerk
3
Exhibit A
Mitchell Crossing
Legal Description:
Lot 2, Block 1, Edenvale Industrial Park, Hennepin County, Minnesota, EXCEPTING therefrom,
that part shown as Parcel 93 on Minnesota Department of Transportation Right of Way Plat Number
27-91, filed in the office of the Hennepin County Recorder, on April 29, 1999, as Document No.
6888395.
4
MITCHELL CROSSING
CITY OF EDEN PRAlRlE
HENNEPIN COUNTYy MINNESOTA
RESOLUTION NO. 2002--
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF MITCHELL CROSSING FOR MITCHELL/S, INC.
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Mitchell Crossing for MitchelVS, Inc. dated February 7, 2002, and
consisting of 3.45 acres into one lot, two outlots and road right-of-way, a copy of which is on file
at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and
Platting ordinances, and amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 19th day of March, 2002.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen A. Porta, City Clerk
5
STAFF' REPORT
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
APPLICANT/
OWNER
LOCATION:
REQUEST:
Community Planning Board
Scott A. Kipp, Senior Planner
Michael D. Franzen, City Planner
February 22,2002
Mitchell Crossing
MitchelV5, Inc.
Southeast corner of Mitchell Road and Martin Drive.
1. Planned Unit Development Concept Amendment on 3.45 acres
2. Planned Unit Development District Review with waivers on 3.45 acres
3. Zoning District Amendment within the Community Commercial Zoning
District on 3.45
4. Preliminary Plat of 3.45 acres into one lot, two outlots and road right-of-way
6
Staff Report -Mitchell Crossing
February 22,2002
BACKGROUND
This property is guided and zoned community commercial. In 1989, the City Council approved the
Edenvale Crossing PUD Concept for retail, office and gashonvenience uses on the property. In
1991, the City Council approved Amoco for the northwest corner of the property.
Amoco has operated at the site under a lease agreement with the property owner that provides for
the option to acquire the site. Amoco is exercising this option, therefore requiring a platting of the
property.
No development of the property is proposed.
b
PRELIMINARY PLAT
The preliminary plat shows Lot 1 for the Amoco site to meet mortgage purposes, with Outlot A for
future development. Outlot B is wetland and is proposed to be gifted to the City by the owner.
This property met City Code prior to Highway 212 acquisition and this preliminary plat.
The property is located within 300 feet of Purgatory Creek to the east, which is considered a
Shoreland Area. Outlot B is within 150 feet of the creek and considered an abutting lot.
PUD WAIVERS
PUD waivers within the community commercial zoning district will be necessary for the platting of
this property and may have merit by addressing mortgage requirements and current site conditions
from the T.H.212 acquisition. These waivers include:
Lot size of 0.71 acres for Lot 1, 1.8 acres for Outlot A, and 0.375 acres for Outlot B. Code
requires a minimum lot size of 5 acres.
Shoreland lot size of 0.375 acres for Outlot B. Code requires a minimum lot size of 2 acres for
an abutting lot.
Lot width and depth less than 300 feet for Lot 1, Outlots A and B. Code requires a minimum
width and depth of 300 feet.
Front yard parking setback of 8 feet. Code requires 17.5 feet for a corner lot.
Rear yard accessory structure setback of 5 feet for Lot 1 for the car wash. Code requires a
10-foot setback.
Zero foot setback for the pylon sign. Code requires a 20 feet for a corner lot.
#
Staff Report - MitcheII Crossing
February 22,2002
STAF'F RECOMMENDATION
Staff recommends approval of the following:
Planned Unit Development Concept Amendment on 3.45 acres
Planned Unit Development District Review with waivers on 3.45 acres
Zoning District Amendment within the Community Commercial District on 3.45 acres
Preliminary Plat of 3.45 acres into one lot, two outlots, and road right of way
This would be based on plans dated February 7,2002, this staff report, and the following conditions:
1. Prior to release of the final plat for the property, the proponent shall provide evidence of a
cross-access and maintenance agreement for use of the common driveway.
2. The following waivers are granted as part of the Planned Unit Development review in the
Community Commercial Zoning District:
Lot size of 0.71 acres for Lot 1, 1.8 acres for Outlot A, and 0.375 acres for Outlot B.
Code requires a minimum lot size of 5 acres.
Shoreland lot size of 0.375 acres for Outlot B. Code requires a minimum lot size of 2
acres for an abutting lot.
Lot width and depth less than 300 feet for Lot 1, Outlots A and B. Code requires a
minimum width and depth of 300 feet.
Front yard parking setback of 8 feet. Code requires 17.5 feet for a corner lot.
Rear yard accessory structure setback of 5 feet for Lot 1 for the car wash. Code
requires a 10-foot setback.
Zero foot setback for the pylon sign. Code requires a 20 feet for a corner lot.
Unapproved Community Planning Board Minutes
February 25,2002
Page 2 of 5
B. MITCHELL CROSSING by MitcheW5, Inc. Request for: Planned Unit
Development Concept Amendment on 3.45 acres, Zoning District Amendment
within the Community Commercial Zoning District on 3.45 acres, Preliminary
Plat of 3.45 acres into one lot, two outlots and road right-of-way. Location:
Southeast comer of Mitchell Road and Martin Drive.
Franzen stated this property is guided and zoned community commercial. In 1989,
the City Council approved the Edenvale Crossing PUD Concept for retail, office
and gaskonvenience uses on the property. In 199 1, the City Council approved
Amoco for the northwest comer of the property.
Amoco has operated at the site under a lease agreement with the property owner
that provides for the option to acquire the site. Amoco is exercising this option,
therefore requiring a platting of the property. No development of the property is
proposed.
The public hearing opened at 7:03 p.m.
There was no public comment.
MOTION by Stock, second by Koenig to close the public hearing. Motion
carried, 8-0.
The public hearing closed at 7:04 p.m.
MOTION by Brooks, second by Stock to approve MITCHELL CROSSING by
MitchelV5, Inc. Request for: Planned Unit Development Concept Amendment on
3.45 acres, Zoning District Amendment within the Community Commercial
Zoning District on 3.45 acres, Preliminary Plat of 3.45 acres into one lot, two
outlots and road right-of-way. Location: Southeast corner of Mitchell Road and
Martin Drive with conditions in the staff report. Motion carried, 8-0.
Y
r
CITY COUNCIL AGENDA
SECTION Payment of Claims
DATE:
March 19,2002
SERVICE AREA/DIVISION
Community Development and
Financial ServicesDon Uram
ITEM DESCRIPTION:
Payment of Claims
ITEM NO.:
iTTTT*
Requested Action
Move to: Approve the Payment of Claims as submitted (roll call vote)
Synopsis
Checks 108078-108471
Wire Transfers 1489-1498 and 1500-1501
Background Information
Attachments
City of Eden Prairie
Council Checksummary
311 9/2002
101
102
110
111
112
113
114
115
116
117
130
131
133
135
136
151
152
153
154
155
156
157
158
159
160
161
162
163
180
183
184
186
200
201
202
203
204
301
303
31 1
314
402
403
404
405
406
408
414
416
418
502
503
506
509
51 1
601
602
603
701
702
703
800
803
Division
General
Legislative
Legal Counsel
City Clerk
Customer SeM'ce
Human Resources
Communication Services
Benefits & Training
Risk Management
Facilities
City Center
Assessing
Finance
Community Development
Information Technology
Wireless Communication
Park Maintenance
Parks Capital Outlay
Athletic Programs
Community Center
Beaches
Youth Programs
Special Events
Senior Center
Recreation Administration
Adaptive Recreation
Oak Point Pool
Arts
Park Facilities
Police
Civil Defense
Fire
Inspections
Engineering
Street Maintenance
Street Lighting
Fleet Services
Equipment Revolving
CDBG
Cemetary Operation
Grant Fund
Liquor Compliance
2nd Sheet of Ice 1992A
City Center Debt
Building Refunding 1992A
Park Bonds 1992A, 1993A
WaterlSewer Refunding 1978
Refunding Bonds 1997A
Improvement Bonds 19938
Certificate Debt Fund
HRA 2002A Lease Revenue Bonds
Park Development
Utility Improvement
lmprovment Bonds 1996
CIP Fund
Construction Fund
Prairie Village Liquor
Den Road Liquor
Prairie View Liquor
Water Fund
Sewer Fund
Storm Drainage Fund
TIF
Escrow Fund
Grand Total
Amount
423,867
115
128,636
683
50,028
136
1,265
4,022
12,917
17,782
1,326
6,555
1,464
15
653
22,549
7,400
1,937
3,820
18,272
73
690
883
1,238
715
877
39
579
135
24,795
63
23,890
1,791
1,953
26,467
51,838
24,692
68,834
505
382
25,000
746
1,438
543
164,705
478
125
757.020
471
10,000
880
13,534
3,063
71 0
12,855
2,562
48,176
92,550
55.586
172,255
13,702
1,193
2,216
4.160
2,317,844
a
City of Eden Prairie
Council Check Register
3M 912002
Check#
1489
1490
1491
1492
1493
1494
1495
1496
1497
1498
1500
1501
108078
108079
I08080
I08081
108082
108083
108084
108085
108086
108087
I08088
I08089
I08090
I08091
108092
108093
108094
108095
108096
I08097
I08098
I08099
108100
108101
I081 02
1081 03
1081 04
108105
108106
108107
I08108
I08109
108110
108111
108112
108113
108114
108115
108116
108117
I08118
I08119
108120
108121
108122
108123
108124
108125
108126
108127
108128
108129
108130
108131
1081 32
108133
Amount
121,148
22,650
13,773
7,930
63,704
13,171
757,020
164,705
126,978
23.734
7,102
14,590
120
75,148
1,189
170
75
49
23
240
2,496
192
10
41 7
2,216
1,900
505
180
54,259
64
32
891
858
200
129
138
223
47
63
319
5
386
2,125
7
48
625
150
27
193
55
335
5
72
5
38
3,018
5
1.453
50
18
17,225
49
76
57
107
200
77
191
Vendor
WELLS FARGO MINNESOTA N A
MINNESOTA DEPT OF REVENUE
ORCHARD TRUST CO AS TRUSTEWCU
ICMA RETIREMENTTRUST-457
PUBLIC EMPLOYEES RETIREMENT
ORCHARD TRUST CO AS TRUSTEWCU
FIRSTAR TRUST COMPANY
US BANK TRUST NATIONAL ASSN
WELLS FARGO MINNESOTA N A
MINNESOTA DEPT OF REVENUE
ICMA RETIREMENT TRUST457
ORCHARD TRUST CO AS TRUSTEWCU
AARP 55 ALIVE MATURE DRIVING
AKIN GUMP STRAUSS HAUER & FELD
ANCHOR PRINTING COMPANY
CARDARELLE, DAWN
COLLIERS TOWLE REAL ESTATE
CULLIGAN WATER
ELAN FINANCIAL SERVICES
GRIGGS COOPER & CO
HAMMERLIND, PETE
HENNEPIN COUNTY FIRE CHIEF ASS
HENNEPIN COUNTY PUBLIC RECORDS
HENNEPIN TECHNICAL COLLEGE
KINGSTON, JEREMY
LAKE SUPERIOR COLLEGE
LANG PAULY GREGERSON AND ROSOW
MENARDS
MINNESOTA DEPT OF HEALTH
MINNESOTA PRINT MANAGEMENT LLC
MITCHELL, JULIE
MUHLHAUSER, WENDY
NEXTEL COMMUNICATIONS
PAIN ENTERPRISES INC.
RICHFIELD, CITY OF
TELEPHONE ANSWERING CENTER INC
UNITED RENTALS HIGHWAY TECHNOL
UNIVERSITY OF MINNESOTA
VERIZON DIRECTORIES CORP
ALLDATA
ANDERSON, ELAINE
BOLD, PAULINE
BREHM GROUP, THE
EDEN PRAIRIE CHAMBER OF COMMER
FUN EXPRESS
GE CAPITAL
GOVERNMENT FINANCE OFFICERS AS
HENNEPIN COUNTY TREASURER
KADLEC, EVELYN
KRESS, CARLA
MAZZOLINI, PHYLLIS
MEDICINE LAKE TOURS
METRO SALES INCORPORATED*
ANOKA-HENNEPIN TECHNICAL COLLE
HENNEPIN COUNTY TREASURER-TAXP
PETTY CASH-POLICE DEPT
MILLER, TERYL
MlNN CHILD SUPPORT PAYMENT CTR
MINNESOTA REVENUE
NORCOSTCO
PEARSON BROTHERS INC
PURCHASE POWER
QUICKSILVER EXPRESS COURIER
ROUSE, SUSAN
SIR KNIGHT CLEANERS
STOLP, DENA M
STROHKIRCH, NICOLE
THERKELSEN. GARY
Account Description
Federal Taxes Wmheld
State Taxes Withheld
Deferred Compensation
Deferred Compensation
Employers PEW
Deferred Compensation
Principal
Principal
Federal Taxes Withheld
State Taxes Withheld
Deferred Compensation
Deferred Compensation
Other Contracted Services
Legal Counsel Airport
Printing
Tuition ReimbursemenffSchool
Other Contracted Services
Operating Supplies
Operating Supplies
Dues & Subscriptions
Liquor
Tuition ReimbursemenffSchool
Dues & Subscriptions
Other Contracted Services
Other Contracted Services
Employment Support Test
Other Contracted Services
Tuition ReimbursemenffSchool
Legal
Repair & Maint. Supplies
Licenses &Taxes
Office Supplies
Other Contracted Services'
Instructor Service
Pager & Cell Phone
Chemicals
Operating Supplies
Special Event Fees
Other Contracted Services
Conference Expense
Conference Expense
Advertising
Sofhvare
Program Fee
Instructor Service
Life InslEmployers Share
Miscellaneous
Operating Supplies
Other Rentals
Dues & Subscriptions
Licenses &Taxes
Program Fee
Mileage & Parking
Program Fee
Special Event Fees
Other Rentals
Program Fee
Garnishment Withheld
Waste Disposal
Operating Supplies
Other Rentals
Office Supplies
Postage
Clothing & Uniforms
Other Contracted Services
Other Contracted Services
Mileage & Parking
Travel Expense
Business Unit
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
Refunding Bonds 1997A
Building Refunding Bonds 1995A
General Fund
General Fund
General Fund
General Fund
Senior Center Program
Airport
Communication Services
Fire
Accessibility
Assessing
Fire
Police
Prairie View Liquor Store
In Service Training
Fire
Engineering
TIF Elim Shores & PVApartment
Fire
2000 Rehab
Fire
Legal Criminal Procecution
Water System Maintenance
Water Treatment Plant
General
Police
After School Programs
Wireless Communication
Pool Maintenance
Liquor Compliance
Adult Program
Water Treatment Plant
In Service Training
In Service Training
Den Road Liquor Store
Fleet Services
Outdoor Center
Outdoor Center
Employee Benefits
In Service Training
After School Programs
General
In Service Training
Fleet Services
Senior Center Program
Adaptive Recreation
Senior Center Program
Adult Program
General
Outdoor Center
General Fund
Fleet Services
Winter Theatre
Street Maintenance
General
General
Ice Show
Winter Theatre
Accessibility
Adaptive Recreation
Police
City of Eden Prairie
Council Check Register
311912002
Check+
108134
108135
108136
108137
108138
108139
108140
108141
108142
108143
108144
108145
108146
108147
108148
108149
108150
108151
108152
108153
108154
108155
108156
108157
108158
108159
108160
108161
108162
108163
108164
108165
108166
108167
108168
108169
108170
108171
108172
108173
108174
108175
108176
108177
108178
108179
108180
108181
108182
108183
108184
108185
108186
108187
108188
108189
108190
108191
108192
108193
108194
108195
108196
108197
108198
108199
108200
108201
Amount
40
6,462
25
13
45
60
670
49
100
100
100
41
82
44
20
100
100
41
100
75
100
2,377
100
100
100
100
46,074
10
5
100,784
38
1,010
69
2,387
8,503
2,928
7.189
11.122
15,386
1,647
6,128
368
58
637
326
6,361
752
2,109
7,021
9,532
31
645
1,441
371
2,420
156
9,479
25.000
245
86
73
40
200
46
21 0
22,932
128
130
Vendor
TRAPP, SUZANNE
US POSTMASTER
US TENNIS ASSOCIATION
VIKING AUTOMATIC SPRINKLER
WALMART COMMUNITY
WOODDALE CHURCH
WRIGHT, IRENE
ARPIN, TONYA
BOLLIG, HARRIET
BRANTNER, STEVEN
COUGHLIN, JENNIE
DOLL, JODY
G & K SERVICES DIRECT PURCHASE
HART, MARY
HICKS, PAULA
KLEINMAN, KAREN
LEMON, LEONA
LEWIS, STEVEN
M SHANKEN COMMUNICATIONS INC
MUENCH, JOHANNA
QWEST
RAMLO, SCOTT
RASMUSSEN, MARGARET
RUPP, JAN
STANSBURY, DOUG
SUPERIOR FORD
TROVATO, NICOLE
WOERZ, JACQUE
XCEL ENERGY
ACE ICE COMPANY
ALL SAINTS BRANDS DISTRIBUTING
AMERIPRIDE LINEN &APPAREL SER
BELLBOY CORPORATION
DAY DISTRIBUTING
EAGLE WINE COMPANY
EAST SIDE BEVERAGE COMPANY
GRIGGS COOPER & CO
JOHNSON BROTHERS LIQUOR CO
LAKE REGION VENDING
MARK VI1
MIDWEST COCA COLA BOlTLlNG COM
NORTH STAR ICE
PAUSTIS & SONS COMPANY
PEPS1 COLA COMPANY
PHILLIPS WINE AND SPIRITS INC
PINNACLE DISTRIBUTING
PRIOR WINE COMPANY
QUALITY WINE & SPIRITS CO
THORPE DISTRIBUTING
TRI COUNTY BEVERAGE & SUPPLY
VINTAGE ONE WINES INC
WINE COMPANY, THE
WINE MERCHANTS INC
WORLD CLASS WINES INC
ANCHOR PAPER COMPANY
ANOKA RAMSEY SPORT CENTER
FAMILY & CHILDRENS SERVICE
HIRSHFIELD'S
MANN, TRlA
MINNESOTA DEPT OF NATURAL RES0
MN STATE FIRE MARSHALL DlVlSlO
MTI DISTRIBUTING INC.
RICHFIELD, CIN OF
STATETREASURER
SUPERIOR FORD
WRIGHT, IRENE
ACA BOOKSTORE
CLARK-RINGAUSEN, MYRNA
Account Description
Instructor Service
Postage
Dues &Subscriptions
Cash Over/Short
Equipment Repair & Maint
Fac. Rental - P&R
Operating Supplies
Program Fee
Refunds
Refunds
Refunds
Lessons & Classes
Lessons & Classes
Clothing & Uniforms
Program Fee
Refunds
Refunds
Youth Resident
Refunds
Misc Non-Taxable
Refunds
Telephone
Refunds
Refunds
Refunds
Refunds
Autos
Program Fee
Program Fee
Electric
Misc Non-Taxable
Beer
Repair & Maint. Supplies
Liquor
Beer
Wine Domestic
Beer
Liquor
Liquor
Tobacco Products
Beer
Misc Taxable
Misc Non-Taxable
Wine Imported
Merchandise for Resale
Wine Domestic
Operating Supplies
Wine Domestic
Liquor
Beer
Beer
Wine Domestic
Wine Domestic
Wine Domestic
Wine Domestic
Office Supplies
Autos
Other Contracted Services
Capital Under $2,000
Mileage & Parking
Licenses 8 Taxes
Conference Expense
Conference Expense
Autos
Conference Expense
Autos
Mileage & Parking
Operating Supplies
Business Unit
Outdoor Center
Assessing
In Service Training
General Fund
Information Technology
Skating Rinks
Golden Triange Study
Winter Skill Development
Environmental Education
Environmental Education
Environmental Education
Ice Arena
Fitness Classes
Maintenance
Outdoor Center
Environmental Education
Environmental Education
Community Center Admin
Environmental Education
Prairie View Liquor Store
Environmental Education
Telephone
Environmental Education
Environmental Education
Environmental Education
Environmental Education
Public Safety
Outdoor Center
Outdoor Center
Street Lighting
Prairie View Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Concessions
Prairie Village Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
General
Sewer System Maintenance
Grant Fund
Fleet Services
Arts
Round Lake Marina
Fire
In Service Training
Public Safety
In Service Training
Public Safety
Golden Triange Study
Youth Programs Administration
City of Eden Prairie
Council Check Register
3119/2002
Check3
108202
108203
108204
108205
108206
108207
I08208
108209
108210
108211
108212
108213
108214
108215
108216
108217
108218
108219
108220
108221
108222
108223
108224
108225
108226
108227
108228
108229
108230
108231
I08232
I08233
I08234
108235
108236
108236
108239
148240
108241
108242
108243
108244
108245
108246
108247
108248
108249
108250
108251
108252
108253
108254
108255
108256
108257
108258
108259
108260
108261
108262
108263
108264
108266
108267
108268
108269
108270
108271
Amount
730
229
49
87
250
8
100
40
125
39
83
199
38
83
44
33
44
49
230
140
83
83
3,000
73
3,890
83
3,267
31
317
83
35
1,026
49
75
1,404
1,793
2,001
525
40
63
1,871
75
1,109
840
75
13
70
200
31
192
75
560
134
2,356
4,513
2,572
5,756
117
269
572
8,139
36
11,109
1,190
11,931
389
188
5,864
Vendor
AMERICAN PUBLIC WORKS ASSOClAT
APT, JOE
BACHMAN, COLLEEN
CARLSON, RAY
COMMISSIONER OF TRANSPORTATION
CONDIT, BARB
EDINA LIQUOR STORE
FIRE FINDINGS
FIRSTAR TRUST COMPANY
FREY, LYNDELL
HANDEGARD, KATIE MICHELLE
IOS CAPITAL
J H LARSON ELECTRICAL COMPANY
JUDD, MARK
LEUNIG, PAT
LINDSTROM, KARL
MAC GIBBON, PATRICE
MEREDITH, BETH
MPWA
MRPA
PADILLA, NICK
POPE, JEREME
POSTAGE BY PHONE RESERVE ACCOU
QWEST
REALIFE INC.
SWARTOUT, EMMETT
US BANK TRUST NATIONAL ASSN
US POSTMASTER
WELDIN, WILL
YOUNG, SUSAN
ASPEN WASTE SYSTEMS INC.
CORPORATE EXPRESS
DEMANN. JIM
GENUINE PARTS COMPANY
HARDWOOD FLOORS OF MN INC
LARKIN HOFFMAN DALY & LINDGREN
MARKERTEK
MERLINS ACE HARDWARE
METRO SALES INCORPORATED"
MILLARD, CHRIS
MINNESOTA PRINT MANAGEMENT LLC
MISTY AND FRIENDS MOBILE ZOO
MORROW, JAMES
PAPER WAREHOUSE
SCOTT COUNTY SHERIFFS DEPT
SIBLEY COUNTY SHERIFF'S DEPART
STAR TRIBUNE
W W GRAINGER
WEBER, GREG
ALL SAINTS BRANDS DISTRIBUTING
AMERIPRIDE LINEN &APPAREL SER
BELLBOY CORPORATION
DAY DISTRIBUTING
EAGLE WINE COMPANY
EASTSIDE BEVERAGE COMPANY
GRTMAN COMPANY
GRAND PERE WINES INC
GRAPE BEGINNINGS
GRIGGS COOPER & CO
HOHENSTEINS INC
JOHNSON BROTHERS LIQUOR CO
LAKE REGION VENDING
MARK VI1
MIDWESTCOCA COLA BOlTLlNG COM
NORTH STAR ICE
PAUSTIS &SONS COMPANY
WASTE MANAGEMENT-SAVAGE MN
G & K.SERVICES-MPLS INDUSTRIAL
Account Description
Dues &Subscriptions
Instructor Service
Program Fee
Travel Expense
Conference Expense
Lessons & Classes
Capital Under $2,000
Dues & Subscriptions
Paying Agent
Lessons & Classes
Other Contracted Services
Other Rentals
Building Repair & Maint.
Other Contracted Services
Lessons & Classes
AR Utility
Lessons & Classes
Program Fee
Conference Expense
Conference Expense
Other Contracted Services
Other Contracted Services
Postage
Telephone
Deposits
Other Contracted Services
Paying Agent
Operating Supplies
Waste Disposal
Other Contracted Services
Program Fee
Waste Disposal
Office Supplies
Travel Expense
Cleaning Supplies
Equipment Parts
Building Repair & Maint.
Improvements to Land
Video & Photo Supplies
Building Repair & Maint.
Equipment Repair & Maint
Travel Expense
Operating Supplies
Other Contracted Services
Travel Expense
Office Supplies
Deposits
Deposits
Misc Non-Taxable
Building Repair & Maint.
Travel Expense
Beer
Repair & Maint. Supplies
Liquor
Beer
Wine Imported
Beer
Misc Taxable
Wine Domestic
Wine Imported
Liquor
Beer
Wine Domestic
Tobacco Products
Beer
Misc Taxable
Misc Non-Taxable
Wine Domestic
Business Unit
In Service Training
Senior Center Program
Winter Skill Development
Fire
In Service Training
Ice Arena
Prairie Village Liquor Store
Fire
Water & Sewer Refund Bond 1979
Oak Point Lessons
Liquor Compliance
Fire
Park Maintenance
Liquor Compliance
Pool Lessons
Water Enterprise Fund
Pool Lessons
Winter Skill Development
In Service Training
In Service Training
Liquor Compliance
Liquor Compliance
General
Water Utility - General
Escrow
Liquor Compliance
HRA 2nd Sheet of Ice 1992A
Senior Center Administration
Prairie Village Liquor Store
Liquor Compliance
Winter Skill Development
Public WorksIParks
Water Utility - General
Police
Water Treatment Plant
Fleet Services
Senior Center
Construction Fund
Communication Services
Maintenance
General
Police
Finance
July 4th Celebration
Police
General
Escrow
Escrow
Den Road Liquor Store
Public WorkdParks
Police
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
PrairieView Liquor Store
5
City of Eden Prairie
Council Check Register
3/1912002
Check#
108272
108274
108275
108276
108277
108278
108279
108280
108281
108282
108283
108284
108285
108286
108287
108288
108289
I08290
108291
108292
108293
I08294
108295
108296
108297
108298
108299
108300
I08301
108302
108303
108304
108305
108306
108307
I08308
I08309
10831 0
108311
10831 2
10831 3
108314
108315
108316
108317
10831 8
10831 9
108320
108321
108322
108323
108324
108325
108326
108327
108328
108329
108330
IO8331
108332
I08333
108334
108335
108336
I08337
I08338
108339
I08340
Amount
476
11,195
547
2,385
8,935
10,988
96
83
2,427
3,953
943
8
21 0
100
350
309
12.917
328
6.078
150
1,327
135
117
800
75
342
286
38
4,997
1,647
2,965
48
436
29
64
91 9
383
585
63
271
31 8
400
275
54
198
102
28
640
85
4,762
404
305
281
72
2,570
5,843
2,217
314
217
1,657
106
274
578
2,726
59
23
10,078
286
Vendor
PEPS1 COLA COMPANY
PHILLIPS WINE AND SPIRITS INC
PINNACLE DISTRIBUTING
PRIOR WINE COMPANY
QUALITYWINE & SPIRITS CO
THORPE DISTRIBUTING
VlNO ARTE
VINTAGE ONE WINES INC
WINE COMPANY, THE
WINE MERCHANTS INC
WORLD ClASS WINES INC
CARPENTER, ALLEN
D’AMICO AND SONS
EDEN PRAIRIE CENTER
HAYNES, TRlClA
HENNEPIN COUNTY In DEPT
J A PRICE AGENCY INC
JOHN MOORMAN INC
KMC TELECOM HOLDINGS INC.
MACQUEEN EQUIPMENT INC
METRO SALES INCORPORATED*
MFEA
MlNN BLUE DIGITAL
MN WEIGHTS AND MEASURES
NAMU INC.
PERKINS
PElTY CASH
PITNEY BOWES
PRUDENTIAL INS CO OF AMERICA C
Qwest COMMUNICATIONS
RELIASTAR LIFE INSURANCE CO
RICHFIELD, CITY OF
VERIZON DIRECTORIES CORP
A TO Z RENTAL CENTER
AIM ELECTRONICS
AIR POWER EQUIPMENT CORPORATIO
ALAN SHILEPSKY CONSULTING INC
ALTERNATIVE BUSINESS FURNITURE
AMERICAN WATER WORKS ASSOCIATI
ANCHOR PAPER COMPANY
ANCHOR PRINTING COMPANY
ANDERBERG, CRAIG W.
AQUA LOGIC INC
BALDWIN SUPPLY COMPANY
BAUER BUILTTIRE AND BAlTERY
BECKERARENA PRODUCTS INC
BERRY COFFEE COMPANY
BIFFS INC
BITSTREAM UNDERGROUND LLC
BLACK & VEATCH
BLACK BOX CORPORATION
BLOOMINGTON SECURITY SOLUTIONS
BRAUN INTERTEC CORPORATION
C & H DISTRIBUTORS INC.
CAPITOL COMMUNICATIONS
CENTRAIRE INC
CHAMPION COATINGS INC
CHANHASSEN BUMPER TO BUMPER
COMARK GOVT & EDUCATION SALES
CONNEY SAFETY PRODUCTS
CONSTRUCTION BULLETIN
CONTINENTAL SAFETY EQUIPMENT
COPY EQUIPMENT INC
CORPORATE EXPRESS
CUB FOODS EDEN PRAIRIE
CUSTOM CANVAS INC.
DECORATIVE DESIGNS INC
CUTLER-MAGNER COMPANY
Account Description
Merchandise for Resale
Wine Domestic
Misc Taxable
Wine Domestic
Liquor
Beer
Misc Taxable
Wine Domestic
Wine Domestic
Wine Domestic
Wine Domestic
Program Fee
Miscellaneous
Employee Award
Other Contracted Services
Software Maintenance
Insurance
Conference Expense
Telephone
Conference Expense
Other Rentals
Conference Expense
Operating Supplies
Equipment Repair & Maint
Conference Expense
Other Rentals
Mileage & Parking
Postage
Life Insurance Employees
Pager & Cell Phone
Disability Ins Employers
Operating Supplies
Advertising
Operating Supplies
Repair & Maint. Supplies
Equipment Parts
Other Contracted Services
Capital Under $2,000
Dues & Subscriptions
Office Supplies
Printing
Other Contracted Services
Repair & Maint. Supplies
Repair & Maint. Supplies
Equipment Parts
Repair & Maint. Supplies
Operating Supplies
Waste Disposal
Other Contracted Services
Other Contracted Services
Capital Under $2,000
Equipment Repair & Maint
Other Contracted Services
Building Repair & Maint.
Capital Under $2,000
Equipment Repair & Maint
Other Contracted Services
Capital Under $2,000
Other Hardware
Protective Clothing
Legal Notices Publishing
Equipment Repair & Maint
Operating Supplies
Office Supplies
Miscellaneous
Equipment Repair & Maint
Chemicals
Other Contracted Services
Business Unit
Concessions
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Prairie View Liquor Store
Prairie View Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Senior Center Program
General Facilities
Human Resources
Staring Lake Concert
Information Technology
Risk Management
In Service Training
Telephone
In Service Training
General
In Service Training
Engineering
Street Maintenance
In Service Training
Tree Removal
General Facilities
General
General Fund
Police
General Fund
Fleet Services
Prairie View Liquor Store
Street Maintenance
City Center Operations
Fleet Services
Fleet Services
Furniture
Water Utility - General
General
Adaptive Recreation
Basketball
Pool Maintenance
Park Maintenance
Fleet Services
Ice Arena
Fire
Park Maintenance
Airport
Water Treatment Plant
Wireless Communication
Den Road Liquor Store
Lime Sludge
United Properties
Fire
Public WorkdParks
Water Treatment Plant
Fleet Services
Information Technology
Water Treatment Plant
Storm Drainage Projects
Sewer System Maintenance
Engineering
General
General Facilities
Fire
Water Treatment Plant
Water Treatment Plant
k
City of Eden Prairie
Council Check Register
3!19/2002
Check #
108341
108342
108343
108344
108345
108346
108347
108348
108349
108350
108351
108352
108353
108354
108355
108356
108357
108358
108359
108360
108361
108362
108363
108364
108365
108366
108367
108368
108369
108370
108371
108372
108373
108374
108375
108376
108377
108378
108379
108380
, 108381
108382
108383
108384
108385
108386
108387
108388
108389
108390
108391
108392
108393
108394
108395
108397
108398
108399
108400
108401
108402
108403
108404
108405
108406
108407
108408
108409
Amount
375
720
53
8,072
19,698
4,994
279
82
20,815
21
410
21
4,468
31.672
75
1,628
517
327
17
44
434
210
372
741
923
134
18
354
44
138
14,996
66
21 0
7,778
5,525
200
440
207
2,301
563
135
25
82
2,155
1,471
10.000
268
694
881
360
640
176
12,350
90
121
1,726
10,080
108
1,820
12
118
990
592
32
2,285
298
1,056
530
Vendor
DIETHELM, GARY
DNR EMBROIDERY
DRlSKlLLS NEW MARKET
DRTTRANSPORT
DYNAMIC IMAGING SYSTEMS INC
EARL F ANDERSEN INC
ECOLAB INC
EDEN PRAIRIE CHAMBER OF COMMER
EF JOHNSON
ELECTRIC PUMP
ELVIN SAFETY SUPPLY INC
EMED COMPANY INC
EMERGENCY APPARATUS MAINTENANC
ESCHELON TELECOM INC
ESPRESSO MIDWEST INC
FACILITY SYSTEMS INC
FEDERAL SIGNAL CORPORATION
FERRELLGAS
FIKES HYGIENE SERVICES
FLAGHOUSE
FORCE AMERICA
FRESCO INC
G & K SERVICES DIRECT PURCHASE
GENERAL SAFETY EQUIPMENT COMPA
GIGOWSKI, TOM
GINA MARIAS INC
GIRARD'S BUSINESS MACHINES INC
GREAT RIVER PRINTING SERVICES
HALDEMANN HOMME INC
HAMILTON, MICHAEL
HANSEN THORP PELLINEN OLSON
HARMON AUTOGLASS
HARMON INC.
HARTLAND FUEL PRODUCTS LLC
HAWKINS WATER TREATMENT GROUP
HOLMES, JOHN CARTER
HOLMES, TOM
HR COMPLY
IC1 DULUX PAINT CTRS
INDUSTRIAL LIGHTING SUPPLY INC
INNOVATIVE GRAPHICS
ITRON INC.
J & H BERGE INC
JANEX INC
JOHNSON BROTHERS LIQUOR CO
JURAN &MOODY
KRAEMERS HARDWARE INC
KREATIVE ACRYLICS
LAB SAFETY SUPPLY INC
LAKE SUPERIOR COLLEGE
LIGHTNING PRINTING
LllTLE FALLS MACHINE INC
MACDONALD & MACKARCHITECTS LT
MARKS CERTICARE AMOCO
MARS CO
MENARDS
METRO FIRE
METROPOLITAN FORD
METROPOLITAN MECHANICAL
MIDWEST ASPHALT CORPORATION
MINNESOTA CONWAY
MINNESOTA PIPE AND EQUIPMENT'
MINNESOTATROPHIES &GIFTS
MINNESOTAVIKINGS FOOD SERVICE
MORTON SALT
MOST DEPENDABLE FOUNTAINS
MRCl
MTI DISTRIBUTING INC
Account Description
Other Contracted Services
Recreation Supplies
Operating Supplies
Other Contracted Services
Sohare
Operating Supplies
Other Contracted Services
Miscellaneous
Capital Under $2,000
Equipment Parts
Operating Supplies
Safety Supplies
Equipment Repair & Maint
Operating Supplies
Equipment Repair & Maint
Other Contracted Services
Capital Under $2.000
Motor Fuels
Other Contracted Services
Recreation Supplies
Equipment Repair & Maint
Small Tools
Clothing & Uniforms
Equipment Repair & Maint
Other Contracted Services
Miscellaneous
Equipment Repair & Maint
Operating Supplies
Printing
Other Contracted Services
Improvements to Land
Equipment Parts
Building Repair & Maint.
Motor Fuels
Chemicals
Other Contracted Services
Other Contracted Services
Training Supplies
Equipment Repair & Maint
Equipment Parts
Clothing & Uniforms
Equipment Repair €i Maint
Office Supplies
Cleaning Supplies
Liquor
Bond Issue Costs
Operating Supplies
Office Supplies
Protective Clothing
Tuition ReimbursemenffSchool
Printing
Equipment Parts
Building
Equipment Repair & Maint
Operating Supplies
Equipment Parts
Other Assets
Equipment Parts
Capital Under $2,000
Waste Disposal
Equipment TestinglCert
Repair & Maint. Supplies
Operating Supplies
Miscellaneous
Salt
Repair & Maint Supplies
Signs
Equipment Repair & Maint
Business Unit
Pleasant Hill Cemetary
Softball
Water Utility - General
Lime Sludge
Police
Water System Maintenance
Public WorkdParks
In Service Training
Wireless Communication
Sewer Liftstation
Ice Arena
Water Treatment Plant
Fire
Telephone
Public WorkslParks
Furniture
Fleet Services
Ice Arena
Prairie Village Liquor Store
Youth Programs Administration
Fleet Services
Park Maintenance
Street Maintenance
Fire
Volleyball
Fire
General
Finance
Assessing
Broomball
Park Acquisition & Development
Fleet Services
Police City Center
Fleet Services
Water Treatment Plant
Basketball
Volleyball
Water Utility - General
Water Treatment Plant
Water Treatment Plant
Adaptive Recreation
Water Meter Reading
Water System Maintenance
Maintenance
Den Road Liquor Store
$890,000 G.O. Cert. of lndebt
Water Treatment Plant
Recreation Administration
Water Treatment Plant
Fire
Senior Center Program
Fleet Services
Capital Impr. I Maint. Fund
Fleet Services
Water Utility - General
Fleet Services
Fire
Fleet Services
Maintenance
Water System Maintenance
Fire
Water System Maintenance
Fire
General Facilities
Snow & Ice Control
Park Maintenance
Traffic Signs
Fleet Services
7
City of Eden Prairie
Council Check Register
311912002
Check #
10841 0
108411
108412
1 0841 3
108414
1 0841 5
108416
108417
108418
108419
108420
108421
108422
108423
108424
108425
108426
108427
108428
108429
108430
108431
108432
108433
108434
108435
108436
108437
108438
108439
108440
108441
108442
108443
108444
108445
108446
108447
108448
108449
108450
108451
108452
108453
108454
108455
108456
108457
108458
108459
108460
108461
108462
108463
108464
108465
108466
108467
108468
108469
108470
108471
Amount
83
143
12
40
20
2,037
30
5,079
668
152
1,633
4,063
325
75
4
9
60,451
700
15,240
1,095
100
93
18,388
1,500
792
604
60
683
1,099
231
1,811
220
212
41
1,000
125
367
1,099
3,567
2,043
49
394
398
40
32
416
346
1,536
231
389
392
398
100
236
9
1,075
36
96
1,271
598
561
21 0
2,317,844
Vendor
MUNlClLlTE
NORTHWEST RESPIRATORY SERVICE
OLSEN COMPANIES
PAPER DIRECT INC
PAPER WAREHOUSE
PETERSON ENVIRONMENTAL CONSULT
POKORNY COMPANY
PRAIRIE ELECTRIC COMPANY
PRAIRIE LAWN AND GARDEN
PRIORITY COURIER EXPERTS
PROMOTION GROUP, THE
PUBLIC SAFETY EQUIPMENT CO
QUALITY FLOW SYSTEMS INC
RADIOSHACK
RAINBOW FOODS INC.
RITZ CAMERA
RMR SERVICES INC
RUFFRIDGE JOHNSON EQUIPMENT CO
SIK WELL & PUMP INSPECTIONS
SCHAD TRACY SIGNS
SCRAP METAL PROCESSORS INC
SIGNCRAFTERS INC
SHRED-IT
SL-SERCO
SNAP-ON TOOLS
SNELL MECHANICAL INC
SOUTHWEST LOCK & KEY
SPS COMPANIES
STEMPF AUTOMOTIVE INDUSTRIES I
STREICHERS
STRINGER BUSINESS SYSTEMS INC
SUBURBAN CHEVROLET GEO
SUBURBAN PROPANE
SWANSON, JEFF
SWEDLUNDS
SYSTEM CONTROL SERVICES
TESSCO
TKDA
TOLL GAS AND WELDING SUPPLY
TOYSMITH
TRAFFIC CONTROL CORPORATION
TWIN CITY FILTER SERVICE INC
TWIN CITY OXYGEN CO
UNIFORMS UNLIMITED
UNLIMITED SUPPLIES INC
US FILTEWWATERPRO
VALSPAR PAINT
VESSCO INC
VICTORIA REPAIR & MFG
VOSS LIGHTING
VWR INTERNATIONAL INC
W W GRAINGER
WARNER OUTDOOR EQUIPMENT
WATER SPECIALITY OF MN INC
WHEELER LUMBER LLC
WM MUELLERAND SONS INC
WORKING FIRE VIDEO TRAINING
ZEP MANUFACTURING CO
ZIEGLER INC
SOUTHWEST SUBURBAN PUBLISHING-
UNITED RENTALS-HT BRANCH #229
WESTBURNE SUPPLY INC - PLYMOUT
Grand Total
Account Description
Equipment Parts
Safety Supplies
Repair & Maint Supplies
Office Supplies
Operating Supplies
Design & Engineering
Cleaning Supplies
Equipment Repair & Maint
Repair & Maint. Supplies
Equipment Repair & Maint
Clothing & Uniforms
Capital Under $2,000
Equipment Repair & Maint
Office Supplies
Operating Supplies
Video & Photo Supplies
Equipment Parts
Capital Under $2,000
Equipment Repair & Maint
Building Repair & Maint.
Other Contracted Services
Waste Disposal
Equipment Repair & Maint
Conference Expense
Small Tools
Building Repair & Maint.
Other Contracted Services
Legal Notices Publishing
Capital Under $2,000
Equipment Parts
Clothing & Uniforms
Equipment Repair & Maint
Equipment Repair & Maint
Motor Fuels
Other Contracted Services
Waste Disposal
Equipment Repair & Maint
Small Tools
Design & Engineering
Other Assets
Operating Supplies
Operating Supplies
Building Repair & Maint.
Repair & Maint. Supplies
Clothing & Uniforms
Safety Supplies
Equipment Parts
Repair & Maint. Supplies
Equipment Parts
Equipment Parts
Repair & Maint. Supplies
Operating Supplies
Operating Supplies
Small Tools
Equipment Parts
Chemicals
Building Repair & Maint.
Operating Supplies
Landscape MaterialsISupp
Video & Photo Supplies
Repair & Maint Supplies
Equipment Parts
Business Unit
Fleet Services
Fire
Park Maintenance
General
Recreation Administration
Construction Fund
General Facilities
Water Treatment Plant
Park Maintenance
Fleet Services
Inspections-Administration
Fleet Services
Sewer Liftstation
Police
Senior Center Program
Senior Center Administration
Water Meter Repair
Fleet Services
Water Treatment Plant
Prairie View Liquor Store
Water System Maintenance
City Center Operations
Marketcenter Reservoir
Sewer Utility - General
Fleet Services
Maintenance
Ice Arena
City Clerk
Fleet Services
Fleet Services
Police
General
Fleet Services
Fleet Services
Broomball
Park Maintenance
Sewer Liftstation
Wireless Communication
Utility Improvement Fund
Capital Outlay Parks
Fitness Classes
Traffic Signals
Water Treatment Plant
Water System Maintenance
Fire
Storm Drainage
Fleet Services
Water System Maintenance
Fleet Services
Water Treatment Plant
Sewer System Maintenance
Maintenance
Water Treatment Plant
Water Treatment Plant
Fleet Services
Pool Maintenance
Maintenance
Traffic Signs
Park Maintenance
Fire
Fleet Services
Fleet Services
CITY COUNCIL AGENDA SECTION: Petitions, Requests and
Communications
DATE: March19,
2002
SERVICE AREA
Community Development
& Financial Services:
Don Uram
David Lindahl
ITEM DESCRIPTION: I ITEMNO.
x.A, Update on Metro Council Family Mordable
Housing Program
Requested Action -None
Synopsis
As of March 8,2002 the Metropolitan Council has purchased fifteen townhouse and condominium
units in Eden Prairie through their Family Affordable Housing Program (I'm). The units will be
owned by the Metro Council and rented to lower income families. The units are located in various
developments throughout the City and there are no more than two units in any one development (see
attached map).
The City is working to provide support services to new residences moving into these units through
Project HOPE. Mary Keating, the City's Human Services Coordinator, has submitted a proposal to
Hennepin County to permanently fund this expanded service. She has met with Commissioner Randy
Johnson who is supportive of the concept and expressed willingness to fimd it. The County is expected
to make a decision in the next 30 days.
*
Background:
Last March the City Council agreed to allow the Metropolitan Council to acquire, own, manage and
operate up to twenty properties as public housing units in Eden Prairie. They plan to provide about 200
units in various suburban cities as part of a lawsuit settlement with a group of Minneapolis residents.
Participation may help the City gain points for any ftiture funding applications for TEA-21 (federal)
transportation funds, livable communities grants, smart growth initiatives, and the MetroEnvironment
Partnership (parklopen space) grant program.
The attached map shows where the units are generally located.
Attachments
City of Eden Prairie
Metropolitan Council Family Affordable Housing Program
Rental Properties Map
a
CITY COUNCIL AGENDA SECTION: Petitions, Requests and
Communications
__~ ~
SERVICE AREA:
Community Development
& Financial Services:
Don Uram
David Lindahl
ITEM DESCRIPTION:
Golden Triangle Area (GTA)-City West Land
Use/Transit Study
DATE: March19,
2002
ITEM NO.
-x3
Requested Action - None
Synopsis
Hennepin County is funding a study to determine if a wider mix of land uses can help reduce traffic and
enhance transit use in the Golden Triangle and City West areas of Eden Prairie. The Hoisington-Koegler
Group of Minneapolis was selected to lead the study along with the JBI Group, a transportation
consultant from Vancouver, Canada, and Bonz/REA, Inc., a real estate advisor from Boston, MA. The
study is expected to take about a year to complete. Mark Koegler, president of Hoisington, will present
an overview of the project.
Background
The City began discussing possible solutions to the traffic problems in the GTA in early 1999 and the
same year developed a demonstration project with the Metro Council and 1-494 Corridor Commission.
The key goals of the demonstration were to:
* Organize an association of businesses (TMA) - established in 2001.
Conduct a traffic study - completed in April 2001.
* Conduct market research about rideshare incentives - completed in May 2001.
* Develop a plan for building HOV slip ramps - one ramp is planned for NB Flying Cloud & 212.
Determine if mixed-use development can help reduce traffic congestion and enhance transit use.
Land use could play an important role in helping manage traffic in the northeast area of the City. This
study will measure the traffic and fiscal benefits of developing housing and commercial uses in the area
over the next twenty years. It will prescribe a new course for the area and is expected to serve as a model
for the other areas of the City and region experiencing similar problems.
The City approached the County in 2000 about helping pay for the study. They have agreed to pay the
entire cost of the consultant contract fiom grant funds received from the Federal Transit Administration
(FTA). Major study tasks include:
Evaluate Local Real Estate Market.
Identify Potential Redevelopment Sites.
Identify Potential Land Uses and Create Development Scenarios.
Evaluate Tax Benefits of Land Use Scenarios.
Forecast Travel Demand and Recommend Land Use and Implementation Scenarios.
Present Report Findings and Recommendations.
Project Start Up - Organize the Effort
Purpose: Gain a firm understanding of the anticipated planning activities. + Conduct a “Kick-Off Meeting” with the County and City staff to
introduce the HKGi team, to review the process for the work, and to
confirm project goals + Collect data, review and evaluate previous plans and studies for the
project area
j + Summarize results of the start-up activities and distribute to key
stakeholders
?
,
Task A - Evaluate Local Real Estate Market
Purpose: Identify and understand real estate market parameters affecting
the study area. + Regional market overview - provide an understanding of the regional
economic context. Areas of examination will include:
+ Market ParameterslDevelopment Patterns - investigate relevant
competitive trade areas and the existing and emerging factors shaping
local and regional development patterns. The analysis will examine:
The availability and quality of existing and planned public infrastructure
Land prices in the subject area and in potentially competitive areas
Relative proximity to various business and residential amenities
Labor force availability, characteristics, and growth potential
Other relevant influences that may emerge + Development Potential and Patterns - assess the long-term (20 year)
development potential in the Golden Triangle area.
Regional demographic trends, profiles, and projections
Regional and local employment trends
Commercial and residential development and absorption patterns
Emerging trends in business practices and real estate
deve I o p m e n t
Task B - Identify Potential Redevelopment Sites
Purpose: Evaluate the impact of developing land uses other than office or
other high peak hour traffic generators over the next twenty years. + Develop a list of criteria to be used for selecting redevelopment sites + Apply the criteria as part of a parcel-by-parcel review of the study area + Identify sites that are expected to redevelop over the next twenty years
and calculate the combined land area
March 2002
Mar-May 2002
Apr-Jun 2002
Task C - Identify Potential Land Uses and Create Development Scenarios Jul-Aug 2002
Purpose: Identify two land use scenarios that are feasible within the study area. + Identify a list of potential long-term uses for the study area based on
market data and the general transit oriented design goals of the project + Prepare two future land use concepts featuring varying patterns of
development and land use + Conduct a City Council/Community Planning Board workshop to solicit input
on draft use land scenarios + Conduct an open house for TMA/Business/Developers and the general public
to solicit input on draft land use scenarios
I Task D - Tax Benefits of Potential Land Uses
Purpose: Assess mixed-use development versus office
developmentlredevelopment impact on property tax revenues. + Calculate current value based on the estimated market value as of
January 2,2002 + Calculate value from new development
' + Calculate property tax impacts
Task E - Travel Demand Forecasting
Purpose: Evaluate the impact on transit, alternative modes and traffic
congestion reduction resulting from the' alternative land use scenarios using
the Regional Travel Demand Forecasting model. + Define future transportation systems which reflect the transit-oriented
design incorporated in the land use scenarios + Allocate growth in Land Uses to Zone System + , Estimate future travel demand by mode using the Regional Travel
Demand Model + Estimate mobility and congestion impacts
Aug-Sep 2002
Aug-Sep 2002
!
3
Task F - Recommend a Land Use Scenario OCt-Nov 2002
Purpose: Define a land use scenario that meets the transportation and fiscal
goals of the study. + Define screening criteria to be used in the assessment of the land use
scenarios + Select and refine a preferred future land use scenario
Task G - Recommend Implementation Strategies
Purpose: Recommend specific steps required to realize the desired future
land use scenario.
.
* + Assess establishment of tax increment financing district
c + Calculate the funding capacity of the district + Analyze the potential applications of tax abatement and the related tax
impacts
, + Determine if other public finance tools, such as special assessments and
I special service districts, play a role in implementations and, if so, how + Identify key public actions required for implementation
Task H - Communication and Presentations
Purpose: Maintain ongoing project communications and present findings. + Prepare monthly written “progress reports” to enable the Technical
Advisory Team to clearly assess the project’s progress + Assemble and distribute bi-weekly project email updates + Present ongoing study work tasks and the study results at formal
meetings + Present final report to Eden Prairie City Council (Community Planning Board invited) + Present final report to Eden Prairie Chamber of Commerce
Task I - Study Documentation
Purpose: Compile all pertinent text, graphics, and tables into a final study
report. + Assemble a draft study report for review by the Technical Advisory Team + Assemble the final study report
Dec 2002
Ongoing
Jan-Feb 2003
PROJECT SCHEDULE
Project “Start-up”
Task A- Evaluate Local
Real Estate Market
Task B- Identify
Potential Redevel-
opment Sites
Task C- Potential Land
Uses/Development
Scenarios
Task D- Tax Benefits
Task E- Travel Demand
Forecasting .
Task F- Recommend
LandUse Scenario
Task G- Implementation
Strategies
Task H- Communica-
tion and Presenta-
tion
Task I- Study
Documentation
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r5
CITYCOUNCILAGENDA
SECTION Reports of Director Parks and Recreation Services
SERVICE AREALDMSION:
Parks and Recreation
Robert A Lambert Director +
DATE:March19, I
2002
ITEM DESCRIPTION Miller Spring
Renovation
ITEM NO: mc, I
Requested Action
Motion: Move to approve authorization to proceed with a joint project with the Riley-
Purgatory-Bluff Creek Watershed District in the renovation of Miller Spring.
Synopsis
In 1997, Barr Engineering completed plans and specifications for renovation of Miller Spring
that would include raising the elevation of the existing parking lot by approximately two feet,
installing a drainage system under the parking lot, extending the water fountain to the east side of
the parking lot with a revised fountaidtrough that would resemble the old water trough used for
watering livestock in the early 1900’s. The estimated cost for the project is $38,755. The
Watershed District has approved the concept of a joint project with the City for this
improvement; however, the Watershed District has paid 100% of the design fees, approximately
$10,000, which would go toward their portion of the cost. Funds for the City’s portion would
come fkom cash park fees.
Background
In March of 1997, the Parks, Recreation and Natural Resources Commission recommended the
City Council and the Riley-Purgatory-Bluff Creek Watershed District consider improving Miller
Spring, as it had become an eyesore over the years. In April 1997, the City Council approved
requesting the Watershed District participate in the project. In May 1997, the Eden Prairie
Foundation donated $2,000 toward a grant for developing an informational sign, or kiosk, at
Miller Spring to be installed as soon as the site is improved.
In December 1997, the Parks, Recreation and Natural Resources Commission and the Heritage
Preservation Commission approved plans for renovating the site. In early 1998, Bob Obermeyer,
fiom Barr Engineering, representing the =ley-Purgatory-Bluff Creek Watershed District met
with representatives from the Heritage Preservation Commission to discuss final revisions to the
plan. In 1999, Barr Engineering supervised the placement of f3ll to surcharge the location of the
area on the site that will hold the fountain and water t&
I
City Council Agenda 3/19/02
&IIiller Spring Renovation
Page 2
At that time, it was determined to delay development of this project in order to tie the
development in with the proposed water and sewer project that was anticipated within “a year or
two” throa that same location.
In February 2002, the decision was made to only extend sewer services to a lift station north of
Riley Creek to accommodate development of the Hennepin Village project. City staff does not
anticipate extension of water and sewer to the Miller Spring site in the near fbture; therefore, are
recommending proceeding with the renovation at this time.
BL:mdd
~
CITY COUNCILAGENDA
SFXWCE AREA/DIVISION:
Parks and Recreation Services
Robert A. Lambert Director /\uc
SECTION Reports of Director Parks and Recreation Services
ITEM DESCRIPTION: Athletic Programs Task
Force
I
DATE: March 19,
2002
Requested Action
Move to: Approve the Athletic Programs Task Force Charter Statement and the
appointment of a Citizens Task Force to assist City stsand the City consultant in
updating the Park and Open Space Plan recommendations regarding prioritizing
and fbnding facility needs for youth and adult athletic programs.
Synopsis
The City Council has authorized SRF Consulting Services to assist the City stein updating the
Park and Open Space Plan and has established a goal of appointing a Citizens Task Force to
evaluate and prioritize City needs in terms of youth and adult athletic facilities. This Citizen
Task Force will be responsible for reviewing census data, population projections, and
participation trends to develop recommendations on facilities needed to continue providing adult
and youth athletic programs well into the fbture. The Task Force will also be responsible for
recommending the priority of the facility needs, and to recommend fbnding sources for
accomplishing the established goals.
Task Force Appointments
City staff are requesting authorization to obtain volunteer representatives from each of the Youth
Athletic Associations listed in the Charter Statement, and adult representatives from each of the
adult sport programs to serve on this Task Force. Each sport would be limited to one
representative that would be responsible for taking information back to the various boards to
ensure he/she is representing a consensus opinion of participants fiom various associations or
clubs.
City staff anticipates no more than three to four meetings of the Task Force prior to submitting
the recommendation to the Parks, Recreation and Natural Resources Commission and finally to
the City Council by mid-July.
BL:mdd
t
ATEILETIC PROGRAMS TASK FORCE CHARTER STATEMENT
Purpose Statement:
Based on the latest census data, population projections and participation trends determine youth and adult
athletic facility needs for the next 20 years, and recommend to the City Council how that may be
accomplished and funded. This information will be included in the updated Park and Open Space Plan.
Task Force Responsibilities:
A.
B.
C.
D.
E.
Evaluate census data and population projections for the next five, ten and twenty years and
compare that with participation trends in various youth and adult athletic programs. Use that data
to project program trends and facility needs over the same timehme.
Prioritize facility needs in terms of projects that should be completed within the next five years,
ten years, or twenty years.
The task force will be responsible for recommending to the City Council how to fund the five
year projects and recommending which projects should be completed during the first five years
(2003-2008). The recommendation for each of those projects will also include the proposed
funding source.
Task Force representatives will be responsible for sharing information with the boards of various
clubs and associations hedshe is representing to ensure he/she is representing a general opinion of
the participants fi-om those associations, clubs or sports.
Provide a written recommendation to the Parks, Recreation and Natural Resources Commission
and the City Council no later than July 2002.
Staff Responsibilities:
A. Provide the task force with information on census data, population projections and a five to ten
year history on the growth or decline of numbers of various youth and adult teams in each of the
various program areas.
Provide information on the number of facilities available today, how those facilities are used, how
we compare to other cities and expansion limitations.
Develop an agenda and provide support materials for each meeting.
Provide information on existing funding sources for each program and facilities.
Provide information requested by the task force.
Provide the draft recommendation to be reviewed and approved by the task force prior to final
submittal to the Parks, Recreation and Natural Resources Commission and the City Council.
B.
C.
D.
E.
F.
Membership:
A. A representative fiom each of the following Youth Athletic Associations programs:
1.
2.
3
4
5
6
7
8
9
10.
11.
Baseball Association
Football Association
Hockey Association
Lacrosse Association
Soccer Association
Soccer Club
Softball Association
Swimming (Foxjet Swim Club)
Basketball Association
Volleyball Association
Wrestling Association
B. Adult athletic programs that should also have representation on this task force include the following
sports:
1. Baseball
2. Softball
3. Football
4. Basketball
5. Volleyball
Staff Liaison:
Bob Lanzi, Athletic Program Coordinator and Barry Warner, SRF Consultant
Additional support staff include: Stuart Fox, Manager Parks and Natural Resources; Laurie Obiazor,
Manger Recreation Services; Lyndell Frey, Manager Community Center; Eric Edhlund, Ice and
Concessions Manager; Beth DeGree, Aquatics & Fitness Supervisor; Bob Lambert, Director Parks and
Recreation Services.
Recording Secretary:
Duration: April 2002 until July 2002
First Meeting: Wednesday, April 10,2002,7:00 p.m., Heritage Room N
3