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HomeMy WebLinkAboutCity Council - 10/15/2002 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, OCTOBER 15,2002 CITY CENTER 5:00- 6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,David Luse and Jan Mosman CITY STAFF: City Manager Scott Neal, Public Safety Director Jim Clark,Public Works Director Eugene Dietz, Director of Parks and Recreation Bob Lambert,Management and Budget Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER IL APPROVAL OF AGENDA III. SECOND HAND-SMOKE IV. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) A. PAUL WENDORFF B. GARY DIAMOND,TRAILS WITHOUT RAILS C. JEAN FORSTER, CHAIR,MN SMOKE-FREE COALITION BOARD VI. OPEN PODIUM(Unscheduled participants, 6:50-7:00 p.m.) VII. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 15,2002 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,David Luse and Jan Mosman CITY STAFF: City Manager Scott Neal,Parks &Recreation Director Bob Lambert, Public Works Director Eugene Dietz,Management and Budget Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. SPENCER CONRAD RECOGNITION (p 1) IV. COUNCIL FORUM INVITATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD OCTOBER 1, 2002 (p 3) B. CITY COUNCIL MEETING HELD OCTOBER 1, 2002 (p 9) VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST (p 22) B. BLUFF COUNTRY VILLAGE AMENDMENT by The Bluffs Company. 2nd Reading for Planned Unit Development District Review on 8.8 acres, Zoning District Amendment within the Neighborhood Commercial Zoning District on 5.8 acres, Rezoning from Neighborhood Commercial to Office on 3.0 acres, and Site Plan Review on 8.8 acres. Location: Hennepin Town Road and Pioneer Trail. (Ordinance for PUD District Review, Zoning District Amendment and Zoning District Change, and Resolution for Site Plan Review) (p 23) C. TERREY PINE VILLAS to Authorize the Mayor and City Manager to Execute the Assignment and Assumption Agreement Developer's Agreement for Terry Pine Villas. (Assignment and Assumption Agreement) (p 47) D. ADOPT RESOLUTION CALLING FOR PUBLIC HEARING ON DECEMBER 3,2002,TO CONSIDER ESTABLISHING A TAX INCREMENT (TIF)DISTRICT FOR SOUTHWEST STATION HOUSING(p 50) CITY COUNCIL AGENDA October 15,2002 Page 2 E. AMEND PROFESSIONAL SERVICES AGREEMENT WITH ENDURANT BUSINESS SOLUTIONS FOR THE CITY WEBSITE (p 53) F. APROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR DESIGN OF INTERSECTION IMPROVEMENTS AT ANDERSON LAKES PARKWAY AND PRESERVE BOULEVARD,I.C. 02-5583 (p 55) G. APPROVE TRAVEL DEMAND MANAGEMENT AGREEMENT WITH RESIDENTIAL FUNDING CORPORATION FOR THE SHADY OAK TECHNOLOGY BUILDING(p 64) H. APPROVE REQUEST TO CONSTRUCT TREE FORT IN CONSERVATION EASEMENT AT 11623 LANDING ROAD Cr, 71) VIII. PUBLIC HEARINGS I MEETINGS A. SPECIAL ASSESSMENT HEARING FOR APPROVAL OF THE 2002 SPECIAL ASSESSMENTS (p 78) IX. PAYMENT OF CLAIMS (p 83) X. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 9.71,RELATING TO MAINTENANCE OF VEGETATION(p 92) B. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 2.30 AND 2.32,RELATING TO ORGANIZATIONAL RESTRUCTURING (p 95) C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9 BY ADDING SECTION 9.42 RELATING TO SMOKE-FREE ENVIRONMENTS (p 100) D. RESOLUTION SUPPORTING,ADVOCATING AND URGING THE MINNESOTA STATE LEGISLATURE TO ENACT A STATEWIDE SMOKE- FREE LAW PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND RESTAURANTS (p 106) E. RESOLUTION RELATING TO SOUTHWEST RAIL TRANSIT STUDY (p 110) XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS CITY COUNCIL AGENDA October 15,2002 Page 3 XIII. APPOINTMENTS A. STUDENT REPRESENTATIVES TO COMMISSIONS (p 113) XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF PUBLIC SAFETY DIRECTOR G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR H. REPORT OF CITY ATTORNEY 1. Flying Cloud Airport XV. OTHER BUSINESS XVI. ADJOURNMENT CITY COUNCIL AGENDA DATE: ' SECTION: Ordinances and Resolutions October 15,2002 DEPARTMENT/ ITEM DESCRIPTION: ITEM NO.: DIVISION: Resolution expressing appreciation to Mr. Spencer Office of City Manager Conrad. - Requested Action Move to: Adopt Resolution expressing appreciation to Mr. Spencer Conrad for his years of community service. Synopsis The City Manager recommends approval of this resolution. Attachments Resolution 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- RESOLUTION EXPRESSING APPRECIATION TO MR.SPENCER CONRAD FOR HIS YEARS OF COMMUNITY SERVICE WHEREAS, Mr. Spencer Conrad has served the citizens of this community through his years as a member of the Eden Prairie Fire Department since May 1975 and responded to over 13,000 calls for service as a member of the department; and WHEREAS, Mr. Spencer Conrad honorably served as Chief#1 of the Fire Department from March 1990 to August 2002; and • WHEREAS, the City Council desires to recognize Mr. Spencer Conrad for his service to his community. NOW, THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: The City Council hereby recognizes, thanks, and congratulates Mr. Spencer Conrad for his service to the citizens of Eden Prairie,Minnesota, as a member and Chief#1 of the Eden Prairie Fire Department. ADOPTED by the Eden Prairie City Council on October 15, 2002. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk A. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, OCTOBER 1,2002 CITY CENTER 4:00- 6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case,David Luse and Jan Mosman CITY STAFF: City Manager Scott Neal, Public Safety Director Jim Clark, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 4:15 p.m. II. APPROVAL OF AGENDA III. SECOND HAND-SMOKE Tyra-Lukens said there were several items to address before beginning discussion of a second-hand smoke ordinance. City Attorney Rosow would comment on communications he and the Council had received over the past few days, Councilmember Mosman would show a short video that explores both sides of the smoking issue, and Councilmember Luse would present some prepared comments. Rosow said several matters had come to his attention over the past few days indicating the level of pressure the Council is under. Rosow said in the spirit of openness he wanted to share these matters with the public. He distributed a document he prepared in response to several of these communications,to help the Council"act as they are supposed to," without undue pressure. • Rosow referenced a letter written to him that was critical of his representation of the City. Rosow said the letter indicated that his response to questions about MPAAT lobbying"only confirmed your limited understanding of the impropriety of MPAAT actions and the magnitude of the court's order." Rosow said he continues to believe he has represented the Council well and will not confine his opinions based on this letter. Councilmember Case asked the name of the letter writer. Rosow said the letter was from Thomas Briant, an Eden Prairie resident and attorney. Council- member Luse said he believes Briant may be a paid tobacco lobbyist. Case said he thought it was important to for the press to know who wrote the letter and their affiliations. 3 • Rosow said City Manager Neal reported he attended a meeting Monday morning with Mayor Tyra-Lukens and a citizen regarding the smoking issue. Rosow said it was his understanding that this individual stated that he"knew things he did not want to have to make public." The person said he would not make these things public if the Council agreed to his version of a smoking ordinance. Rosow reiterated that he • strongly believes the best way to proceed is in an open manner. Case asked the name of the citizen. Rosow said the person was Paul Wendorff. Case asked if Wendorff's statement constituted blackmail. Rosow said he had analyzed the incident only in the context of civil law, and was mainly concerned with advising the Council how best to proceed with their discussion of a smoking ordinance. • Rosow said a Milwaukee law firm, Whyte,Hirschboeck Dudek S.C., e-mailed to him a copy of a letter to Councilmember Luse. The letter said it had been brought to their attention that Luse had publicly questioned the legality of some American Cancer Society activities. The letter put Luse on notice to refrain from further public comment questioning ACS activities. Rosow said he had received the letter just that afternoon and hadn't had much time to look into it. He said he asked one of his partners to do some research and advise the Council on how such a letter might limit Councilmember Luse's ability to comment publicly on the smoking ordinance issue. Rosow said their research indicated that those in the Federal government have unqualified immunity with regard to public comments. On the other hand, the City Council has what Rosow termed"qualified"immunity for comments made within the context of Council meetings. The State extends conditional privilege to Council- members,which is only overridden in cases where malice,ill-will or wanton recklessness can be proven. Rosow said this gives the Councilmembers broad latitude in their comments. Rosow said in a democracy, the Council is one of the places where debate occurs, and this is as it should be. The second-hand smoking issue has been very contentious, and the public needs to know the Council has and is operating in the full light of public scrutiny. Councilmember Mosman said she would show a few minutes from a video of the 6:00 news in New York City on August 1,2002. Mosman said the video shows government and business working together for clean air. She said second-hand smoke is the only one of 16 top carcinogens that is not addressed by regulations. She said she considers what the Council is proposing as living up to a new standard that is essential for health,rather than"regulation." Mosman said the issue is not one of"freedoms"but rather one of a toxic inhalant that is making us sick. She said she is not"against" smokers,but actually considers them victims as well. She said Minnesota spends $1.6 billion on healthcare costs associated with smoking. The number of people dying from second-hand smoke is equal to three 747 jets going down each day with no survivors. If an ordinance saves one life, the Council would be remiss if they didn't do something. She hopes the Council is able to pass something concrete, even if it is small to begin with. Councilmember Luse read a statement he said he had distributed to the press and shared with the Mayor and City Manager earlier that day. Luse said the Council is five people, just like any other residents of Eden Prairie. Luse said he did not believe the Council should spend time or money on Wendorff's request for a task force to investigate its conduct. He felt Wendorff was bringing politics into the discussion, seemed to have some sort of"weird conspiracy theory," and was throwing around a lot of inaccurate innuendos.He said this behavior was not appropriate. He said it is apparent that Wendoiff is against smoking regulation, and if this is the case he should just say so. Regarding the letter from the American Cancer Society's law firm, Luse said he always strives to "say it the way it is." He regrets if Isis Stark misunderstood anything he had said in recent months. He said he has been honest and up front all along with his concerns about MPAAT's lobbying activities. Althougji the Council has received criticism about"moving too fast" on an ordinance, Luse said he believes they have proceeded in a fair and reasonable manner that has included open debate. He said he feels it was a mistake to start the discussion with an all-inclusive,hypothetical ordinance. Luse said he would like to bring discussion on a smoking ban to a resolution at this meeting. He said he was proposing a total ban on smoking indoors. The bar portions of restaurants would be exempt from regulations until January 2004, giving them time to prepare for the changes. He recommended creation of a task force that would include the Chamber, residents, and business owners. This task force would develop a non-profit fund to promote Eden Prairie as a great place to live,work and do business. He would like to see $1 million raised to promote the positive aspects of smoke-free environments. Luse said he was wary of any compromises because it would be very hard to craft a fair and effective one. He emphasized that there is no "what's next" aspect to the issue. The City will not be banning Krispy Kreme donuts or other fast food. He said the Council supports Eden Prairie's businesses,which provide 50 percent of the City's tax base. Luse also proposed that the City apply to MPAAT for a$4 million to $6 million grant to help Eden Prairie residents and workers quit smoking. Luse said he is an appointed official, and as such he would like to stress that his fellow Councilmembers are a"bunch of good family people who just want to give back to the town." Mayor Tyra-Lukens said it sounds as if Luse and Mosman were proposing stricter regulations than those the Council had agreed to at the previous meeting. She asked for input from the other Councilmembers. Councilmember Butcher said that the issue is very complex,but everyone is concerned with public health. The question is how far the Council should go in regulating second-hand smoke. She said she still believes the City should regulate smoking in the areas it owns together with residents—City facilities and open spaces. She is not comfortable regulating businesses that are already following State laws. She recommended a best practices review panel of people with all different points of view. This panel would set goals and standards for voluntary compliance. Luse said he respects Butcher's opinion,that he also has put a lot of consideration into the personal choice and business components of the smoking discussion. He said he doesn't think a best practices panel is necessary,because the Council has had more than adequate input both from local residents as well as from around the country. He said he believes the majority of the Council wants to pass a smoking ban that will be effective but not hurt business. He doesn't believe the matter should be left to the"free market," and that any ordinance must have"meat to it." 5 Butcher said she respects Luse's perspective,but there are different ways to do the right thing. She said this is about doing what the Council reasonably can do,which is why she wants a panel to explore options. Case said he agrees with about 80 percent of what Luse said and even more so with Butcher. Case believes the best approach is to wrap the issue up in the positive,which he doesn't think is possible if the government begins regulating business. He said they all agreed that it comes down to a health issue. Case said he didn't feel the Council should go beyond the comfort level of the people. Case said he strongly believes a one-question survey would have indicated a majority approving of a smoking ban—but, one that doesn't hurt business. Case said that he feels there has been a shift in public opinion about the smoking debate over the past couple of weeks. People are saying they are tired of hearing about the issue. They are also commending the Council for the consensus they reached at the last meeting to ban smoking from publicly-owned facilities and pledging to support the cause. Case said it is important to remember it is an election year. All of the non-incumbent Council candidates have stated they are not in favor of smoking regulation. Even if the Council votes now to pass an ordinance with a likely 3-2 vote,the ordinance may well be overturned by a new Council in January. If this happens,no other cities will touch this issue for years to come. Case asked the Council to find a way to pass a"copyable"ordinance that the Council and the community could support and could serve as a model for other communities. He said restaurant owners are saying they want to improve air quality, and he believes it. Butcher said she believes a ban on smoking in all publicly owned places would be strong. Luse said he respectfully disagreed. Luse said,based on input he has received, for the Council not to pass a strong smoking ban would be worse than doing nothing at all. As a businessperson he does not believe the Council should have gone through all of this pain without something positive coming out of it. He said it would be important to prove that business will not be hurt by a smoking ordinance. He asked the City to earmark $100,000 by the end of the year to kick off an advertising campaign promoting smoke- free Eden Prairie. He said as a businessperson he would pledge the first $10,000. He challenged the Council to "celebrate Eden Prairie for all that it is." Case said his impression is that public opinion has polarized at about 50 percent for a ban and 50 percent against it. Luse said he believes a majority of residents favor a ban. Mayor Tyra-Lukens said before this Workshop it appeared that she and Councilmember Mosman were leaning toward heavier restrictions with Councilmember Case as a swing vote. Now it appears that Tyra-Lukens holds the swing vote. She said she had spent a tough two days thinking about the situation, and she would like to see a better outcome than a 3-2 vote. To clarify her position, she said it is necessary to "get personal." She said it is widely known that she believes that regulating second-hand smoke is a public health issue. She said she is not a political person, and that she has served as a Councilmember and Mayor as a service to the community. She said she is willing to sacrifice her position for the cause,but is not willing to sacrifice the cause. She is not convinced that passing an ordinance that would be overturned by a new Council is the right thing to do. She likes the idea of working together positively toward a common goal. 6 Tyra-Lukens said that while those who are in favor of an ordinance have been generally respectful. The opposition has behaved so disrespectfully she doesn't allow her teenage daughter to answer the phone in their home. She said one citizen has taken the issue to the newspapers with all kinds of innuendoes. It is her understanding these tactics are typical of groups who have opposed similar ordinances in other communities. She said her meeting with Paul Wendoiff on Monday morning is an example of what is really going wrong with this issue. She said she doesn't believe passing an ordinance on a 3-2 votes will change the situation. She said she is okay with losing the race for Mayor if necessary,but she worries what will happen in January with a new Council. She has consequently gone from favoring strict regulations to wanting to promote a positive, consensus-building process. She would rather work toward getting voluntary compliance and have Eden Prairie be a leader to surrounding communities. Councilmember Case said he would still like to pass an ordinance banning smoking from City-owned facilities and properties. He said they can discuss the second part, developing guidelines and bringing community members into the process later. Mosman said that propaganda circulated in recent weeks has raised so much unfounded fear and concern that the Council has no choice but to consider backing up. Rosow said he wanted to clarify which portions of the discussion the Council wished to move on. He said he had drafted an ordinance to regulate smoking in publicly-owned places based on Council direction at the last meeting. The Council could chose to discuss this draft and put it on the Council meeting agenda for a vote. Ordinances require two readings and two votes,usually at separate Council meetings. If the Council chooses to do the first and second readings at the same meeting, a unanimous vote is required for approval. Case said he would like staff to be directed to prepare an ordinance and a resolution. He would also like to set a workshop date to discuss further steps. Luse asked if someone would clarify the consensus reached. Tyra-Lukens said they had reaffirmed what they had agreed on at the last meeting—to consider an ordinance banning smoking at City-owned facilities and a resolution asking the state to consider the issue. IV. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) A. STRONG SCHOOLS REFERENDUM Caroline Sweeny,with the Strong Schools volunteer group kicked off the presentation. She outlined the School District's need for funding. Acting Superintendent Dr.Melissa Krull explained the rationale behind the Strong Schools referendum theme. She said the district is receiving inadequate funding from the State and the operating levy($3 million per year for seven years)would help bridge the shortfall. Executive Director of Business Services Patricia Magnuson also reviewed the financial situation and compared the amount spent per student in Eden Prairie to surrounding communities. She said Eden Prairie is the lowest spending school district in Hennepin County. School Board Director r Carol Bomben asked the Council and community to support the referendum and vote"yes"on November 5. VI. OPEN PODIUM(Unscheduled participants,6:50-7:00 p.m.) Gary Diamond spoke on behalf of"Trails Without Rails", a citizen group opposing the building of LRT through Eden Prairie on the old railroad right-of-way(which is owned by Hennepin County). Diamond presented a Resolution the group is asking the Council to adopt. Doug Henke and Mike Hall also spoke against Hennepin County conducting a study of possible transit rail routes that might include the current LRT recreational trail in Eden Prairie. City Manager Neal said he would meet with Mr.Diamond before the next Council meeting to review ways in which"Trails Without Rails"can proceed with their requests. VII. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 1,2002 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,David Luse and Jan Mosman CITY STAFF: City Manager Scott Neal,Public Works Director Eugene Dietz,Management and Budget Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER H. PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance, City Manager Scott Neal announced the departure of Police Chief Jim Clark after 20 years of faithful duty to the citizens of Eden Prairie.He then introduced and announced the appointment of Clark's successor, Captain Dan Carlson,who will start his position in early November. Carlson stated he is honored to have the opportunity to fill the position of Chief of Police. He said the city has a quality organization based on cooperative efforts of its Police, Staff and City.Council. III. RESOLUTION IN SUPPORT OF THE EDEN PRAIRIE SCHOOLS REFERENDUM Mosman read and moved adoption of Resolution No. 2002-158, a resolution encouraging citizens to support the Eden Prairie School District's request for voter support of a new operating levy. Case said residents choose Eden Prairie schools because they have a perception of a quality community.He said this referendum will barely keep the school district above water if it passes. He said communities that value their quality of life pass referendums. Case said he wants his opinion to be known and will vote yes on the referendum,but as a schoolteacher, he will abstain from voting on this resolution to remove any perception of conflict of interest. Mosman noted the importance of continuing to talk to friends and neighbors about the referendum so as to make everyone aware of it. Butcher thanked all those involved in working on the referendum. She said it is very clear what is being asked and what the needs are. Seconded by Butcher, motion carried 4-0. Case abstained. IV. COUNCIL FORUM INVITATION Mayor Tyra-Lukens said the Council Forum is held the first and third Tuesday of the month from 6:30—7:00 p.m.in the Council Chamber.Please note that this portion of the meeting is 9 CITY COUNCIL MINUTES October 1,2002 Page 2 off-camera. The Council Forum consists of two parts: scheduled and unscheduled appearances. 6:30 to 6:50 p.m.is reserved for scheduled participants. She said if you wish to schedule time to visit with the City Council and Department Directors,please notify the City Manager's office(at 952-949-8412)by noon of the meeting date with your request. The last 10 minutes of the Forum,from 6:50 to 7:00 p.m.is set aside for impromptu,unscheduled appearances by individuals or organizations who wish to speak to the Council. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added the following items under X. Ordinances and Resolutions: C.DISCUSSION ON FIRST READING OF A DRAFT SMOKEFREE AIR ORDINANCE; D.DISCUSSION ON DRAFT RESOLUTION SUPPORTING STATE ENACTMENT OF A SMOKE- FREE AIR LAW; and E.DISCUSSION ON DIRECTING STAFF TO SET A WORKSHOP DATE TO DISCUSS SMOKE-FREE INDOOR AIR INITIATIVES. Case also added item XIV.A.1.under Councilmember Reports,LRT LINE DISCUSSION INVOLVING A STATEMENT ON THE CITY'S PROCESS. Neal added under Ordinances and Resolutions,Item X.F.DISCUSSION ON ADOPTING RESOLUTION NO. 2002-164,MUTUAL AID AGREEMENT BETWEEN THE CITIES OF EDEN PRAIRIE AND MINNEAPOLIS. Neal also added an item XIV.B.1. under City Manager's Report,REPORT ON FINANCES OF THE PROPOSED SOUTH METRO PUBLIC SAFETY TRAINING CENTER PROJECT.Neal said there will also be a brief report and presentation under Item XIV.G.regarding an award the City has received for its website. Luse stated he will read a statement regarding smoking issues under Item X.C.In addition, Luse requested the City Attorney respond to Items X.C,D and E. MOTION: Mosman moved, seconded by Case, to approve the Agenda as published and amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD SEPTEMBER 17,2002 MOTION: Case moved, seconded by Luse,to approve as published the Minutes of the City Council Workshop held September 17,2002. Motion carried 5-0. B. CITY COUNCIL MEETING HELD SEPTEMBER 17,2002 MOTION: Luse moved, seconded by Mosman,to approve as published the Minutes of the City Council Meeting held September 17,2002.Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST /0 CITY COUNCIL MINUTES October 1,2002 Page 3 B. ROLLING HILLS SENIOR HOUSING PUD AMENDMENT by Covenire Care LLC. 2nd Reading for Planned Unit Development District Review with waivers on 1.02 acres and Zoning District Change from Office to RM-2.5 on 1.02 acres, and Site Plan Review on 1.02 acres. Location: Prairie Center Drive and Rolling Hills Road (Ordinance No. 24-2002-PUD-16-2002 for PUD District Review and Zoning District Change, and Resolution No.2002-159 for Site Plan Review) C. RIVER VIEW by Wooddale Builders. 2nd Reading for Planned Unit Development District Review with waivers on 34.73 acres and Zoning District Change from Rural to R1-13.5 on 18.07 acres. Location: South of Riverview Road at Parker Drive. (Ordinance No. 25-2002-PUD-17-2002 for PUD District Review and Zoning District Change) D. ADOPT RESOLUTION NO. 2002-160 APPROVING FINAL PLAT OF CRESTWOOD PONDS ADDITION E. ADOPT RESOLUTION NO. 2002-161 APPOINTING ELECTION JUDGES AND STUDENT JUDGES FOR THE GENERAL ELECTION,NOVEMBER 5, 2002 F. ADOPT RESOLUTION NO. 2002-162 AWARDING CONTRACT FOR PIONEER TRAIL/FLYING CLOUD DRIVE AREA UTILITY IMPROVEMENTS,I.C. 52-204 G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO, INC., FOR DESIGN AND CONSTRUCTION ADMINISTRATIVE SERVICES FOR STREET AND STORM SEWER IMPROVEMENTS IN THE HILLCREST/ ALPINE NEIGHBORHOOD H. APPROVE CHANGE ORDER-NO. 1 FOR THE CHARLSON PHASE II IMPROVEMENTS FROM INGRAM EXCAVATING,INC. I. AUTHORIZE ISSUANCE OF A GRADING PERMIT TO SUPERVALU FOR EXPANSION OF EXISTING PARKING FACILITIES BY 74 STALLS J. ADOPT RESOLUTION NO. 2002-163 TO ACCEPT AND AUTHORIZE EXECUTION OF THE ALTERNATE ENFORCEMENT GRANT K. AWARD CONTRACT FOR I.C.98-5467, GLENSHIRE ADDITION WETLAND MITIGATION AND I.C. 02-5572,WATER TREATMENT PLANT WETLAND MITIGATION MOTION: Butcher moved, seconded by Case,to approve Items A-K of the Consent Calendar. Motion carried 5-0. VIII. PUBLIC 1-I EARINGS/MEETINGS I l CITY COUNCIL MINUTES October 1,2002 Page 4 A. SOUTHWEST STATION by North American Properties of Minnesota. Request for Guide Plan Change from Regional Commercial to High Density Residential on 8.89 acres,Planned Unit Development Concept Amendment on 15.55 acres,Planned Unit Development District Review with waivers on 15.55 acres,Zoning District Change from Rural to Commercial Regional Service on 6.66 acres,and from Rural to RM-2.5 on 8.89 acres, Site Plan Review on 15.55 acres, and Preliminary Plat of 20.3 acres into 6 lots. Location: North of Technology Drive, south of T.H.312 and west of Prairie Center Drive. (Resolution No.2002-164 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change,Resolution No. 2002-165 for Comprehensive Guide Plan Change, and Resolution No.2002-166 for Preliminary Plat) City Manager Scott Neal said Official notice of this public hearing was published in the September 19,2002,Eden Prairie News and sent to seven property owners. He further stated the project is for 31,527 square feet of retail and restaurants and 236 multiple-family units. The project has the following elements: 2 townhouse units, 234 apartment units, a 5,222 SF Culvers restaurant, a 4,725 SF Krispy Kreme, a 6,500 SF Ruby Tuesday restaurant, and retail buildings A and B—15,080 SF total. Neal said a guide plan change is requested from Commercial Regional to High Density Residential for the proposed residential area. Waivers are requested for building setback,parking setback, density,and building height. The Community Planning Board voted 9-0 to recommend approval of the project to the City Council at the September 9,2002 meeting subject to revising the plans according staff recommended changes of the September 6,2002 staff report regarding drainage and access. The plans have been revised according to the recommendations of the Community Planning Board and city staff. City staff recommends approval of the project since the proposed use of the property is consistent with the goals and policies of the Comprehensive Plan. The waivers result in a better design. Approval of the project is based on plans dated September 24, 2002 and subject to the recommendations of the staff report dated September 6,2002. Neal said Mike Franzen is representing Staff tonight and Jay Scott from North American Properties is also present.Franzen stated the waivers are specific to the site plan and Staff is in support of the project. Jay Scott gave an overview of the project and emphasized strong pedestrian walkways and connections within the project. Tyra-Lukens,Luse and Butcher expressed support of the project. There were no comments from the public. MOTION: Case moved, seconded by Butcher,to close the Public Hearing. Motion carried 5-0. Case expressed concern about people traveling east to enter Culver's or the Transit Hub.He asked if there is a way to make a median cut that is a left turn only,not a left turn out,but a left turn in.Dietz strongly recommended the median stay the way it is because of safety issues, and widening the road would lead to additional expense. 1 a, CITY COUNCIL MINUTES October 1,2002 Page 5 Mosman asked if the new restaurants are aware of the City's pending smoke-free air policy. Jay Scott said all the restaurants in this project are aware of the pending ordinances and decisions by the Council and they are committed to the project one way or the other. MOTION: Luse moved to close the Public Hearing; and adopt the Resolution for Guide Plan Change from Regional Commercial to High Density Residential on 8.89 acres; and adopt the Resolution for Planned Unit Development Concept Amendment on 15.55 acres; and approve 1st Reading of the Ordinance for PUD District Review with waivers on 15.55 acres; and Zoning District Change from Rural to Commercial Regional Service on 6.66 acres, and from Rural to RM-2.5 on 8.89 acres; and adopt the Resolution for Preliminary Plat of 20.3 acres into 6 lots; and authorize issuance of early grading permits subject to Staff review and approval; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Seconded by Case, motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Mosman, to approve the Payment of Claims. The motion was approved on a roll call vote,with Butcher, Case,Luse,Mosman, and Tyra- Lukens voting"aye." X. ORDINANCES AND RESOLUTIONS A. RESOLUTION NO. 2002-167 PERTAINING TO EXPENDITURE OF CITY FUNDS City Manager Scott Neal said the proposed resolution was prepared in the wake of the Office of State Auditor's (OSA) report and findings in their investigation of the City of Brooklyn Park. The OSA's primary criticism is that a number of City expenditure processes and practices were not specifically authorized by the City Council. The proposed resolution will provide formal written authorization by the City Council for a number of City expenses and expenditure processes that were questioned by the OSA in Brooklyn Park. The proposed resolution was prepared by the Office of the City Attorney in consultation with City staff. The City Manager recommends its approval by the City Council. Luse noted this has nothing to do with an increase in salaries to the current Council. MOTION: Mosman moved to adopt Resolution No. 2002-167 pertaining to expenditure of City funds. Seconded by Butcher, motion carried 5-0. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.05 RELATING TO MAYOR AND COUNCILMEMBER SALARIES City Manager Scott Neal said the proposed ordinance will codify the City expenditure process changes incorporated in Resolution No.2002-167. The ordinance is CITY COUNCIL MINEJTES October 1,2002 Page 6 necessary because the resolution may be considered an increase in compensation to City Councilmembers, although the contents of this resolution represent no actual change to the benefits received by Eden Prairie elected officials. The resolution is being considered by the Council at the recommendation of the City Attorney to conform our current practices to recently announced findings from the Office of the State Auditor's investigation of the City of Brooklyn Park. State law requires that changes to the compensation of City Councilmembers must be adopted prior to an election and implemented after an election. The ordinance will be considered at the October 1st and 15th Council meetings and will be effective January 1,2003. This timeline will satisfy state statutes on this matter.Neal recommended the Council approve the first reading of this ordinance. Tyra-Lukens clarified this pertains not to salaries,but to things such as Council- members meals at meetings.Neal stated despite the title of the ordinance,there is no increase in Councilmembers' salaries. MOTION: Case moved to approve First Reading of an Ordinance amending City Code Section 2.05, Subd. 3,relating to Mayor and Councilmember salaries; and adopting by reference City Code Chapter 1 and Section 11.99 which, among other things, contain penalty provisions. Seconded by Butcher, motion carried 5-0. C. DISCUSSION ON FIRST READING OF A DRAFT SMOKEFREE AIR ORDINANCE Tyra-Lukens announced that a two-hour discussion was held prior to this meeting where Council discussed what they wanted to do with the proposed smoking ordinance. She said Council decided to go forth with voluntary compliance with a lot of leadership on the part of Council to get businesses to comply with the voluntary compliance program. Case noted there were five different viewpoints shared by the Council pertaining to this issue. Luse asked the City Attorney to share information from the workshop earlier tonight. Rosow stated he submitted to the Council tonight a written document,made part of the record at the workshop,in response to the request for investigation and questions posed regarding the draft of the smokefree ordinance.He said the document answers all questions in the request for investigation. He said this week there have been three communications in various forms that led him to make the statement at the workshop regarding the atmosphere in which the smokefree ordinance is to be made and the pressure the Council is under. He said the Council has said many times that this is an open process,with public meetings and numerous presentations. Rosow said one of the statements, from city resident Thomas Briant,dated 9/27/02 and received yesterday,was directed at him as a criticism of his representation of the CounciL He said Briant represents the Minnesota Accommodation Association,the Minnesota Restaurant Association and the Cigarette Manufacturers Association. ��l CITY COUNCIL MINUTES October 1,2002 Page 7 Rosow read Briant's comments regarding Rosow's response to MPAAT lobbying and that impact on the Council's ability to go forward. Rosow said he and the Council are open to any criticism,but criticism issued in the context of pressure will not change the manner in which he gives opinions. Rosow said the activities of MPAAT do not affect this Council's ability or authority to discuss and/or take action on a smokefree ordinance. Rosow further stated there was a meeting held yesterday between the City Manager, the Mayor and city resident Paul Wendorff who requested that the investigation occur. It was reported to Rosow by the City Manager that at the meeting,Mr. Wendorff told the Mayor he knew things about the Council consideration of the ordinance that he did not want to have to make public. Wendorff said he did not want to have to release the information publicly if the Council would agree to his version of a compromise on the issue. Rosow said again this is an example of the pressure Council is under with respect to this issue and the best way to deal with it is to let the public know. Rosow said the third communication, a letter in the form of an e-mail,received just before leaving the office,was addressed to Luse and copied to Rosow, from Attorney Daniel Welytokof the lawfirm White,Whyte,Hirschboeck Dudek S.C. of Milwaukee, Wisconsin. Rosow said the firm represents the American Cancer Society Midwest Division, and requested Luse refrain from further public comment as the statements he was alleged to have made are uninformed and misleading. Rosow said there is an absolute immunity from any action brought against a senator or congressman,in anything they say, whether it's truthful or not,whether it's intentionally untruthful or whether it's malicious for whatever happens on the floor of the United States Senate and United States House of Representatives. Rosow said the public purpose behind that concept is that is the place where the debate in America takes place before a law is enacted and there should be no limit on the freedom of speech in those halls. Rosow said that public policy also carries down to bodies like the State, County and this Council. He said as long as statements are made in good faith and are not willfully malicious or made with carelessness and reckless abandon,then there is a qualified immunity from action that anyone would take against you.Rosow advised Council to feel free to express their opinions,provided it is done in good faith and without malice. He said from everything he has seen since April,that is the way the debate has been conducted thus far. Rosow urged Council not to be deterred by letters telling Council to cease and refrain from making further public comment. He said it is Council's duty to make public comment. Luse submitted the following written comment for the record: David Luse-Smoking Issues Statements October 1,2002 (presented at Eden Prairie City Council meeting 10/01/02) We have a challenge to how we've handled this effort to craft a smoking ban,from Paul Wendorff.He asks for a task force to investigate our conduct as a Council.I don't want to spend a lot of time on this challenge,because I think it is simply wrong.Mr. Wendoiff who initially indicated he is a concerned citizen and most recently indicates 20-30 concerned individuals has lobbied me. '5 CITY COUNCIL MINUTES October 1,2002 Page 8 Paul,I've got to tell you,Ijust think you're way off base on this one, and you're bringing in more politics that will obscure rather than clarify issues. You're engaging in some sort of weird conspiracy theory here and throwing around lots of inaccurate innuendos. You've got a point of view on the smoking ban-you don't want it-why don't you just say it straight out and leave off the rest of the conspiracy theories. Of course I'm aware of how MPAAT has used the tobacco settlement money to lobby, but I firmly disagree with you that this Council has done anything wrong. We have worked in good faith to find a way to solve a public health problem. We have debated and searched for the right way to balance health, individual freedom and economic issues.And we have brought a political storm into our city.I was concerned from the outset that the political aspects of this effort would be divisive and would distract our attention from other equally important issues, and that has happened.Now a group claims we have moved too fast, that we jumped from considering a task force to considering a sample ordinance.And this same group says some of those lobbying the council have acted illegally and unethically. I have, throughout this process, been the one to push several times for more information to clarify what our constituents want and what will stand up to legal challenge.I have slowed this process down myself,for the reasons I thought, and still think, were sound.But I have absolutely no doubt that how we have proceeded is fair and responsible.Moving ahead to have a draft ordinance is a perfectly reasonable way to clarify the issues and to advance the debate.It gave us something to look at and work with, and gave residents something specific to react to.I have consulted our city attorney, and he agrees that we have One at this in a way that is perfectly fair and legal. If this group has a concern about some of the organizations that have lobbied on this issue, that's a concern to be taken up with them and with state authorities-we do not regulate how people conduct their lobbying efforts. We do control how we conduct our business, and we have done a fine job on a tough issue. Of course I don't object to this challenge. We are always open to criticism and we must conduct public business in the open-and we have.I just think he's adding two plus two and coming up with ten. Let's look at the smoking ban issues on their own merits and let lobbying issues play out in the courts and with the attorney general. We're making decisions here based on what we think is best for the people of Eden Prairie. Smoking Ban To bring this smoking ban to a resolution,I am now proposing that, after all our debate and thought on this issue, we proceed with a ban on smoking. We can work together to promote our smoke free community.Let's promote the positive side of this issue and make this step toward better health work for everyone.Let's make sure we help the businesses that are concerned about losing customers, and let's get this done. Stop Smoking Grant I would also propose that the City of Eden Prairie apply to MPAAT for a grant to fund educational programs that will help people stop smoking. There's been a great deal of controversy over how the MPAAT money has been spent.Many people including myself felt it was inappropriate forMPAAT to be spending the tobacco settlement money to lobby for smoking bans.MPAAT is now being directed to spend money on smoking cessation efforts, CITY COUNCIL MINUTES October 1,2002 Page 9 and I think that makes sense. The programs would help Eden Prairie residents and people who work in Eden Prairie businesses stop smoking. The programs provide educational material, counseling and access to stop-smoking aids. We should apply for four to six million dollars for programs for the residents of Eden Prairie. I believe that's a fair share for our city, and it will help us deal effectively with a serious public health issue. While we consider finalizing restrictions on smoking today, let's also go to the source and try to help people quit smoking. This way of spending the tobacco settlement money would bring a great return in the health of the people of Eden Prairie. Case said he wants to pursue an ordinance where all Councilmembers agree that smoking could be limited in municipally controlled public areas. In addition he said he would like to direct Staff to set a workshop date soon. Butcher said she would like creating some kind of panel or best practices review task force to be a part of whatever is forged tonight. She commended her colleagues for taking on the issue and being so concerned about the health of residents. She said she is very comfortable with voluntary compliance. Mosman said she does not see the ordinance as regulation, she sees it as rising to a health standard. She does not see it as a ruling that would hurt businesses because of all the data that has been submitted-some finding that it would help businesses. She said 75 percent of voters in a poll sponsored by the Smokefree Coalition indicated they would choose a smoke-free restaurant over one that permits smoking. Mosman said she would like to have a'fund raising effort to apply for MPAAT money to promote businesses who choose to go along with the ordinance. Luse noted it's important to understand the amount of time and energy spent on this issue. Case requested that Council be given a draft with changes in a Friday packet, and also begin looking at setting a date for a workshop to work out details on developing a task force or group. Case suggested sending Items X.C.,D. and E. back to Staff for the next meeting. Case said he believes three Councilmembers have agreed to regulate only municipal properties with smoke-free environments as well as partner with everyone who wants to improve the air quality.He said he thinks everything can be accomplished through positive routes. Case said Council's intention is not to regulate business,but at the same time they will not give up the fight because there are substantive quantifiable goals that can be accomplished. Rosow said the draft ordinance deals with City facilities and parks, all owned,leased and operated by the City,including motor vehicles.Butcher asked if this would apply to people smoking in their vehicles on City property.Rosow said under this ordinance, if the vehicle is on City property,the answer is yes. CITY COUNCIL MINUTES October 1,2002 Page 10 Butcher said comments from Staff-should be incorporated when discussing the ordinance. Tyra-Lukens suggested those comments be submitted to Mr.Neal by next Monday. Case said it is important to have an ordinance to give the City the power to remove smoking from public grounds. He said the ordinance needs to be complete— prohibiting smoking on City property or grounds. He doesn't believe there should not be an outdoor smoking area on.City grounds and does not believe people should be allowed to smoke in their vehicles on City property. Tyra-Lukens said consistency with School District smoking policy would be a good idea and would solve some of the problems related to enforcement in certain areas. Neal said there have been communications and discussions with the School District regarding their policy and compliance. Luse said there should be a way to get to the group that will be formed to work together with concerned business people and citizens, and there would be more of a chance of collaboration in the future. He said he wonders if there is a way to craft the ordinance that we do want to ban smoking in public places but somehow deal with the indoor/outdoor component. Butcher suggested drafting two ordinances - one that is more restrictive and one that is less restrictive. Mosman said it would seem much fairer to have a designated area for workers to smoke on property. MOTION: Case moved to direct Staff to draft options for an ordinance that will ban smoking from municipal buildings and grounds and parks; and direct Staff to set a date for a workshop to develop a charge for a task force that would work on smoke- free indoor air initiatives. Seconded by Butcher, motion carried 5-0. Councilmembers agreed that the ordinance would be enacted January 2003. Rosow clarified that at this point, Council has directed Staff to prepare an ordinance, not passed one. He said the decision on the ordinance has not been made. D. DISCUSSION ON DRAFT RESOLUTION SUPPORTING STATE ENACTMENT OF A SMOKE-FREE AIR LAW This item was discussed under Item X.C. E. DISCUSSION ON DIRECTING STAFF TO SET A WORKSHOP DATE TO DISCUSS SMOKEFREE INDOOR AIR INITIATIVES This item was discussed under Item X.C. CITY COUNCIL MI UTES October 1,2002 Page 11 F. DISCUSSION ON ADOPTING RESOLUTION NO. 2002-164, MUTUAL AID AGREEMENT BETWEEN THE CITIES OF EDEN PRAIRIE AND NIINNEAPOLIS City Manager Scott Neal said the recent establishment of the Twins playoff schedule has created a difficulty for the Minneapolis Police Department in that they had made a substantial commitment to the International Association of Chiefs of Police(IACP) conference being held Oct. 5-9,2002 in Minneapolis. Therefore the City of Minneapolis has asked suburban police departments to assist them and provide officers under a mutual aid agreement during this time.Neal said officers will get floor privileges at the conference. MOTION: Case moved adoption of Resolution No. 2002-164. Seconded by Butcher, motion carried 4-0. (Luse was temporarily absent.) XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS A. PARKS,RECREATION AND NATURAL RESOURCES COMMISSION City Manager Scott Neal said the recommended candidate is Bruce Schaepe who is a senior environmental engineer with Peer Environmental. He served on the Water Management Planning Task Force and the Riley Purgatory Bluff Creek Watershed District Citizens Advisory Committee.Neal said the term would expire on March 31, 2004 and Schaepe would assume the term recently vacated by Therese Benkowski. MOTION: Butcher moved to appoint to the Parks,Recreation&Natural Resources Commission Bruce Schaepe,term to expire 3/31/2004. Seconded by Case, motion carried 5-0. XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. LRT LINE DISCUSSION INVOLVING A STATEMENT ON THE CITY'S PROCESS. City Manager Scott Neal said he spoke with Mr. Diamond and Katie Walker of Hennepin County Rail Authority.He reported the County is conducting a study with a series of open houses, and will seek Council's endorsement of their study results at some point.Regarding the proposed process for their proclamation,Neal said he told Diamond that it is protocol for Staff and Council to review proclamations before adoption.Neal said he will meet with Diamond next week to discuss the language of the proclamation. 19 CITY coUNCH..MINUTES October 1,2002 Page 12 Case noted that there are many beliefs of people living along the light rail line that the Council adheres to also,and he's not sure that for the good of the people of Eden Prairie it's necessarily a good idea to put the rail line down on • that route. Case said he agrees that all transit options need to be considered in a broad view and not necessarily channeled into one thought.He said light rail line should go to Transit first.He said with precious few funds,the City should first completely fund roadways,then completely fund buses. Case also said he believes the County and City share many of the same goals. Butcher said there is a tradition of excellence in the Southwest Transit Bus Service, and she supports the staff idea that there is an alignment that will better deal with the critical mass of people that we are planning for in the community. Butcher said it needs to be taken one step at a time and she supports alignment of the Golden Triangle and Prairie Center Drive. Luse pointed out that part of the proposal was City ownership of that space, and it's also important for residents to understand that there are governmental forces at work in these that are beyond the Council's reach. He said citizen input has made a huge difference in bringing the issue along. Case said there is a role Council should look at playing. He said he would like to see the Council make a statement on the issue. Luse said the City has to be in a position to make a stand,potentially financially at some point in the future. B. REPORT OF CITY MANAGER 1. REPORT ON FINANCES OF THE PROPOSED SOUTH METRO PUBLIC SAFETY TRAINING CENTER PROJECT City Manager Scott Neal submitted a memo, dated October 1, 2002, to the Council prior to tonight's meeting regarding this project.Neal said the purpose was to inform Council of the status of the project. He said the City has committed $1.4 million to the project,partnering with Edina,Bloomington and MAC, and bids have come in higher than expected. Therefore to complete the City's share of the project costs, an additional $115,926 needs to be appropriated.Neal noted that Don Uram has identified the availability of the additional funds from within the City's current Capital Improvement Plan. At this time,Neal said there is no formal action requested,but he is seeking Council support so that the necessary motion can be prepared. Luse asked why the cost estimates were so far under the contractors' or engineers'estimates.Neal noted that because of Federal funds present in the project,prevailing wage had to be paid which reduced the number of contractors that could bid on it.He said there was,therefore, a reduced supply of contractors initially that were eligible to bid on the project.He said overall there were not a great number of bids for the project. CITY COUNCIL MINUTES October 1,2002 Page 13 C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF PUBLIC SAFETY DIRECTOR G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR City Manager Scott Neal said Don Uram is available to speak about the award for the City's website, and Mike Thomas is also present and will also speak. Thomas announced the website was officially launched on August 15,2002, and so far there has been positive feedback. He said the award was presented by the Web Marketing Association and is the Outstanding Website Award-an award that is a runner-up to the US Navy website in the government category. Thomas thanked Council and City Staff for their support on the development of the website. Tyra-Lukens asked Thomas what he thought tipped the award in Eden Prairie's favor. He said there are seven things that are looked at,including graphic design, degree of innovation, content, technology,interactivity,navigation and ease of view. He said he doesn't think there is any one factor,but a combination of a lot of different factors. H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Luse, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 9:23 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 15,2002 DEPARTMENT/ ITEM DESCRIPTION: DIVISION: Clerk's License Application List ITEM NO.: Police/C.O.P. Unit Gretchen Laven These licenses have been approved by the department heads responsible for the licensed activity. Private Kennel William F. Harbecke—Dogs _1/ ; CITY COUNCIL AGENDA DATE: 10/15/02 SECTION: Consent Agenda DEPARTMENT/ DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Bluffs Country Village 2002 Amendment , Michael D.Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning District Amendment within the Neighborhood Commercial Zoning District on 5.8 acres and Zoning District Change from Neighborhood Commercial to Office on 3.0 acres; • Adopt the Resolution for Site Plan Review; and • Approve the Development Agreement for Bluffs Country Village Amendment Synopsis This is for 94 live/work units,45,000 square feet of retail commercial and 19,000 square feet of office and daycare. Attachments 1. Ordinance for PUD District Review with waivers, Zoning District Amendment and Zoning District Change 2. Resolution for Site Plan Review 3. Development Agreement } BLUFF COUNTRY VILLAGE 2002 AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.26-2002-PUD-18-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Neighborhood Commercial Zoning District on 3.0 acres be placed in the Planned Unit Development Office Zoning District, and amended within the Neighborhood Commercial Zoning District on 5.8 acres, 26-2002-PUD-18-2002 (hereinafter "PUD-18-2002-Office- Neighborhood Commercial"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of October 15, 2002, entered into between Trek Development, Inc., and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-18-2002-Office-Neighborhood Commercial, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-18-2002-Office-Neighborhood Commercial is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-18-2002-Office-Neighborhood Commercial is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-18-2002-Office-Neighborhood Commercial are justified by the design of the development described therein. D. PUD-18-2002-Office-Neighborhood Commercial is of sufficient size, composi- tion, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Neighborhood Commercial Zoning District, and placed in the Office Zoning District and shall be included hereafter in the Planned Unit Development PUD-18-2002-Office- Neighborhood Commercial and the legal descriptions of land in each district referred to in City Code Section 11.03,subdivision 1,subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of September, 2002, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 15th day of October,2002. ATTEST: Kathleen A.Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on . s EXHIBIT A PUD Legal Description—BLUFF COUNTRY VILLAGE 2002 AMENMMENT Legal Description: Outlot B and C, Lot 1, Bluff Country Village Legal Description after Final Plat: Lots 1 Block 1, Bluff Country Village 2nd Addition Lot 1 and Lot 2,Block 2, Bluff Country Village 2"a Addition D. BLUFF COUNTRY VILLAGE 2002 AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 26-2002-PUD-18-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at Hennepin Town Road and Pioneer Trail from the Neighborhood Commercial Zoning District to the Office Zoning District, and amending of land within the Neighborhood Commercial Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A.Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) BLUFF COUNTRY VILLAGE 2002 AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2002- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR BLUFF COUNTRY VILLAGE 2002 AMENDMENT BY TREK DEVELOPMENT,INC. WHEREAS, Trek Development, Inc.,has applied for Site Plan approval of Bluff Country Village 2002 Amendment, for construction of 94 live/work units, 45,000 square feet of retail commercial and 19,000 square feet of office,by an Ordinance approved by the City Council on October 15, 2002; and WHEREAS,the Community Planning Board reviewed said application at a public hearing at its July 22,2002 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its September 17, 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 The Bluffs Company for Bluff Country Village 2002 Amendment, based on plans dated September 17, 2002,between The Bluffs Company, and the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie this 15th day of October, 2002. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta, City Clerk DEVELOPER'S AGREEMENT BLUFF COUNTRY VILLAGE 2002 AMEMDMENT THIS AGREEMENT is entered into as of October 15 2002, by Trek Development Corporation, a Minnesota 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 Comprehensive Guide Plan Change from Neighborhood Commercial to Office on 3.0 acres,Planned Unit Development Concept Amendment on 8.8 acres,Planned Unit Development District Review on 8.8 acres, Zoning District Amendment within the Neighborhood Commercial Zoning District on 5.8 acres,Zoning District change from Neighborhood Commercial to Office on 3.0 acres,Site Plan Review on 8.8 acres, and Preliminary Plat of 8.8 acres into 5 lots, legally described on Exhibit A (the "Property"); WHEREAS, the conditions of this agreement supersede the Bluff Country Village East Commercial Agreement,dated December 9, 1999,the First Amendment to Developer's Agreement For Bluff Country Village Commercial East dated August 19,2000,Bluff Country Village West Commercial Agreement,dated October 19, 1999, the First Amendment to Developer's Agreement For Bluff Country Village Commercial West,dated August 19,2000, and Bluff Country Village 2001 Amendment. NOW, THEREFORE, in consideration of the City adopting Resolution No. for Comprehensive Guide Plan Change,Resolution No. for Planned Unit Development Concept Amendment,Ordinance No. for Planned Unit Development District Review,Zoning District Change from Neighborhood Commercial to Office, and Zoning District Amendment in the Neighborhood Commercial District, Resolution No. for Site Plan Review,and Resolution No. for Preliminary Plat,Developer shall to construct,develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamped dated August 20, 2002, reviewed and approved by the City Council on September 17,2002,and identified on Exhibit B,subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 5. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland, wetland buffer strips, wetland buffer monument locations,water quality ponds,storm water detention areas 0 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. Developer shall provide preconstruction and post construction surveys for evaluation by City. 7. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 8. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on Exhibit B. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 10. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,and receive the City Florin er's written approval of a plan for screening ofmechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters,electrical conduit,water meters, and standard heating,ventilating,and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan'prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 11. PROOF OF PARKING SPACES: Developer and City acknowledge that the 33 proof of parking spaces proposed for the Property,as set forth in the plans identified on Exhibit B,are designated for use and that said spaces are not required to be constructed at this time. At such time as the City Manager,in his or her sole discretion,determines that it is necessary for all or a portion of the proof of parking spaces to be constructed in order to accommodate the use, the City Manager shall notify the Developer in writing of the need to construct additional proof of parking spaces. This notification shall include the number,location and timetable for construction of the additional proof-of-parking spaces. Developer shall comply with all requirements contained in the City Manager's notification. 12. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the Neighborhood Commercial District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD and according to plans contained in Exhibit B. A. Building height from 30 feet to 39 feet 3 inches. B. Floor Area ratio from.40 to .64 13. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls as set forth on the plans identified on the grading plan in Exhibit B. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. 14. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Parks and Recreational Services Director and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as determined by the Parks and Recreation Services Director. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located along the east side of the entire length of Hennepin Town Road from the north driveway entrance to Pioneer Trail.) asset forth on the plans identified in Exhibit B, attached hereto. B. An eight-foot wide bituminous trail to be located along the west side of the entire length of Hennepin Town Road)as set forth on plans identified in Exhibit B,attached hereto. Prior to Building Permit issuance,Developer agrees to submit to the City Planner and obtain the City Planner's written approval of a comprehensive sign plan for all pylon, PUD and monument size signs. Developer agrees that all signs shall be constructed of similar materials and colors with letters of a consistent style, color and size. 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, in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 16. TREE LOSS-TREE REPLACEMENT: There are 3,775 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 1,708 diameter inches. Tree replacement required is 932 caliper inches. Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 932 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Developer shall complete implementation of the approved tree replacement plan prior to building permit issuance. 17. 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. 18. TRASH ENCLOSURE: Developer agrees that the trash and recycling shall be located inside of all buildings on the property. 19. PEDESTRIAN WALKWAYS IN FRONT OF RETAIL BUILDINGS: Developer agrees to construct pedestrian walkways in front of all retail buildings, consistent with the pedestrian walkway plan as set forth in the plans in Exhibit B, attached hereto. Final construction plans shall include decorative paving,lighting,street furniture,and landscaping. Developer agrees that the pedestrian walkways shall be same for all retail buildings within the Planned Unit Development. 20. UTILITY PLANS: Developer agrees that the utility and drainage plan contained in Exhibit B is conceptual. Prior to issuance by the City of a building permit for proposed Lot 1, Block 1 of the Property, Developer shall submit to the City Engineer,and obtain the City Engineer's written approval of plans for the installation of a public storm sewer pipe extending from the easterly property line at Outlot A to the pond within Outiot A. The strom sewer pipe shall be sized to carry the hydraulic flow as determined by the City Engineer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 Plan sheets consistent with City standards. Developer shall pay a permit fee of five percent of construction value to City. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. IN'WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. TREK DEVELOPMENT CITY OF EDEN PRAIRIE By Its Nancy Tyra-Lukens,Mayor By Its Scott H.Neal, City Manager STATE OF NIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2002, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2002,by , the , of a Minnesota , on behalf of the Notary Public _)5 Exhibit A BLUFF COUNTRY VILLAGE 2002 AMEMDMENT Legal Description: Outlot B and C,Lot 1,Bluff Country Village Legal Description after Final Plat: Lots 1 Block 1,Bluff Country Village 2nd Addition Lot 1 and Lot 2,Block 2,Bluff Country Village 2nd Addition EXHIBIT B DEVELOPMENT AGREEMENT—PROJECT NAME PLANS LIST OF MATERIALS 1. Project Narrative dated by Trek Development 2. Overall Site Plan dated June 24, 2002, by Clutz, O'Brien Strother Architects 3. West Site Plan dated June 24, 2002, by Clutz, O'Brien Strother Architects 4. Northeast Site Plan dated June 24, 2002, by Clutz, O'Brien Strother Architects 5. Site Lighting Plan dated June 24, 2002, by Clutz, O'Brien Strother Architects 6. Site Sections dated June 24, 2002, by Clutz, O'Brien Strother Architects 7. Garage Floor Plan dated June 24, 2002, by Clutz, O'Brien Strother Architects 8. Retail Level Floor Plan dated June 24, 2002, by Clutz, O'Brien Strother Architects 9. First Level Floor Plan dated June 24, 2002, by Clutz, O'Brien Strother Architects 10. Second Level Floor Plan dated June 24, 2002, by Clutz, O'Brien Strother Architects 11. Third Level Floor Plan dated June 24, 2002, by Clutz, O'Brien Strother Architects 12. Building Section dated June 24, 2002, by Clutz, O'Brien Strother Architects 13. Elevation Studies Sheet 1 dated June 20, 2002 by RSP Architects (color) 14. Elevation Studies Sheet 2 dated June 20, 2002 by RSP Architects (color) 15. Elevation Studies Sheet 3 dated June 20, 2002 by RSP Architects (color) 16.Elevation Studies Sheet 1 dated June 20, 2002 by RSP Architects 17.Elevation Studies Sheet 2 dated June 20, 2002 by RSP Architects 18.Elevation Studies Sheet 3 dated June 20, 2002 by RSP Architects 19.Preliminary Plat dated April 17, 2002 by Hedlund Engineering 20. Utility Plan dated April 17, 2002 by Hedlund Engineering 21. Grading Plan dated April 17, 2002 by Hedlund Engineering 22. Existing Conditions Plan dated April 17, 2002 by Hedlund Engineering 23. Landscape Plan dated June 24, 2002, by Clutz, O'Brien Strother Architects 24.Building Section Revision 1 dated August 20, 2002, by Clutz, O'Brien Strother Architects 25. Partial Site Plan Revision 2 dated August 20, 2002, by Clutz, O'Brien Strother Architects 26.Partial Site Plan Revision 3 dated August 20, 2002, by Clutz, O'Brien Strother Architects 27.Partial Site Plan Revision 4 dated August 20, 2002, by Clutz, O'Brien Strother Architects 28. Site Section Revision 5 dated August 20, 2002, by Clutz, O'Brien Strother Architects 01 DEVELOPER'S AGREEMENT EXHIBIT C Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Developer's Agreement all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against owners, their successors, and their assigns of the Property herein described. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: Hustad Investment Company With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City(the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to release of the final plat,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. SS 9601, et. seq., or Minn. Stat., Sec. 115B.01, et.seq.(such substances,wastes,pollutants,and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,anyHazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations and warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used,employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs,if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance (80-33) of the development contemplated by this Developer's Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis,Minnesota 55411. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee, State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, existing structures,walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"= 200 scale)showing proposed building location and all proposed streets,with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure,or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. L-1l EXHIBIT D EROSION CONTROL POLICY August 1, 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices(BMP's) as outlined in the Minnesota Pollution Control Agency's manual,Protecting Water Quality in Urban Areas,to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedureDs and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits, building permits, and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. All erosion control systems must be maintained by the applicant in a functional condition until the completion of turf and/or structural surfaces which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of.5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices(BMP's)shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include,but are not limited to,rock construction entrances,washing stations,frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street,highway,sidewalk or trail,the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter,or entrance appears imminent,into wetlands or other water bodies,clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When an applicant fails to conform to any provision of this policy within the time stipulated in a written notification,the City may take the following actions: L . a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. c. Withhold the issuance of building permits d. At its option,institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not limited to, attorneys' fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections maybe assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I,We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith to the satisfaction of the City of Eden Prairie,Minnesota. By: By: Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRINT): ADDRESS CITY STATE ZIP 14,5 OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN TREK DEVELOPMENT AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of October 15, 2002, by and between Hustad Investment Corporation, a Minnesota corporation, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Neighborhood Commercial and Zoning District Amendment in the Neighborhood Commercial District, Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, as more fully described in that certain Developer's Agreement entered into as of October 15,2002,by and between Trek Development, a Minnesota corporation, and City ("Development Agreement"), Owner agrees with City as follows: 1. If Trek Development, fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Neighborhood Commercial and Zoning District Amendment in the Neighborhood Commercial District, Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of "Developer" in the Development Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens, Mayor By Scott H. Neal, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2002, by Nancy Tyra-Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation,on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2002, by , the of , a Minnesota , on behalf of the corporation. Notory Public ` -15 - Owners Suppliment Exhibit A BLUFF COUNTRY VILLAGE 2002 AMEMDMENT Legal Description: Outlot B and C,Lot 1,Bluff Country Village Legal Description after Final Plat: Lots 1 Block 1,Bluff Country Village 2nd Addition Lot 1 and Lot 2,Block 2, Bluff Country Village 2nd Addition L16 CITY COUNCIL AGENDA DATE: 10/15/02 SECTION: Consent Agenda DEPARTMENT/ DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Terry Pine Villas r i ' .C. Michael D. Franzen Requested Action Move to: • Authorize the Mayor and City Manager to Execute the Assignment and Assumption Agreement Developer's Agreement for Terry Pine Villas Synopsis Loch Development is buying the property from Matrix Development. The City is releasing Matrix from the requirements of the Developer's Agreement and assigning the agreement to Loch Development. Terry Pine Villas is a development with 12 single family homes on the north side of Mitchell Lake. Attachments 1. Assignment and Assumption Agreement ASSIGNMENT AND ASSUMPTION AGREEMENT DEVELOPER'S AGREEMENT FOR TERREY PINE VILLAS THIS ASSIGNMENT AND ASSUMPTION AGREEMENT is made and entered into the 317 day of f ij I , 2002, by and between MATRIX DEVELOPMENT, LLC, a Minnesota limited liability company ("Seller"), and LOCH DEVELOPMENT, LLC, a Minnesota limited liability company("Purchaser"). RECITALS A. Seller desires to assign to Purchaser, and Purchaser desires to assume from Seller, the following agreements by and between Seller, as Developer, and City of Eden Prairie, a Minnesota municipal corporation, as City, dated on or about June 22, 2002: . (1) Developer's Agreement, Terrey Pine Villas; (2) Agreement Regarding Special Assessments for Area Charges; and (3) Conservation.Easement Agreement (collectively, the "Agreements"). The Agreements relates to real property to be platted as Terrey Pine Villas, Eden Prairie, Minnesota (the "Property"), the ownership of which has this day been transferred to Purchaser; and B. Seller and Purchaser desire(i)to effect the assignment to Purchaser of Seller's interest in and rights under the Agreements; and (ii) to evidence the assumption by Purchaser of certain obligations and duties of Seller under the Agreements. AGREEMENT NOW,THEREFORE,in consideration of the payment of One Dollar($1.00)and other good and valuable consideration,receipt of which is hereby acknowledged, Seller and Purchaser agree as follows: 1. Assignment. Seller hereby assigns and transfers to Purchaser its interest in and rights under the Agreements, and delegates to Purchaser all of its duties and responsibilities under the Agreements performable on or after the date hereof. Seller agrees to indemnify and hold harmless Purchaser from and against all losses, liabilities, costs and expenses (including reasonable attorney fees) arising prior to the date hereof in connection with any obligation or liability under the Agreements. 2. Assumption. Purchaser hereby assumes and agrees to pay and perform all of Seller's obligations under the Agreements, arising on or after the date hereof to the same extent as if Purchaser had been an original party thereto. Purchaser agrees to indemnify and hold harmless Seller from and against all losses, liabilities,costs and expenses(including reasonable attorney fees) arising on and after the date hereof in connection with any obligation or liability under the Agreements. 3. Consent and Release. By executing this agreement, the City of Eden Prairie acknowledges and agrees to look to Purchaser for performance under the Agreements, and releases Seller from all obligations arising thereunder to the extent the same have been assumed by Purchaser. Seller and Purchaser acknowledge that the assignment and assumption evidenced by this 2241765v1 agreement shall be valid and effective as between the Seller and Purchaser even in the absence of execution by the City of Eden Prairie. IN WITNESS WHEREOF, the parties hereto have caused to be executed and delivered counterparts of this Assignment and Assumption Agreement on the date first above written. SELLE • PURCHASER: MAT DEVEL L LOCH DEVELOP NT,LLC 7—.) By By: Frank er , resident Ric Vo gesang,President CONSENT AND RELEASE: CITY OF EDEN PRAIRIE By: Nancy Tyra-Lukens,Mayor By: Scott Neal, City Manager 2241765v1 L(9 CITY COUNCIL AGENDA DATE: SECTION: Consent October 15,2002 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Management&Budget: Calling for a December 3, 2002 Public Hearing Don Uram to consider establishing a Tax Increment - David Lindahl Financing(TIF)District for SW Station Housing Requested Action: Move to: Approve Resolution calling for a public hearing December 3, 2002 to consider establishing a new Tax Increment Financing district on the Southwest Station housing site. Synopsis: Establishing the proposed TIF District will help finance the construction of 48 workforce rental housing units within the 240 unit Southwest Station apartment project approved by the Council October 1,2002.A resolution calling for a public hearing to consider a new TIF district must be passed by the Council before an actual hearing is held. Background: The 240-unit apartment project is part of the North American Property's Southwest Station mixed-use development located at the northwest corner of Technology Drive and Prairie Center Drive. The project is ideal for the inclusion of workforce housing with transit services within walking distance of the site. TIF will help finance about 48 units,or twenty percent of the total project,which will be affordable to persons with incomes at 50% of the area median. Details of the TIF plan will be presented to the City Council/HRA on December 3, 2002. Attachments: Resolution and Project Area Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- A RESOLUTION CALLING FOR A PUBLIC HEARING ON APPROVAL OF A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING(QUALIFIED HOUSING)DISTRICT NO. 19 BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota(the"City"), as follows: 1. Proposed Financing Plan. The Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota(the"BRA")has prepared, and will present to the City for approval a tax increment financing plan (the "Financing Plan"), which establishes a tax increment financing district, as defined in Minnesota Statutes, Section 469.174, subdivision 9, designated as Tax Increment Financing(Qualified Housing)District No. 19 within Project Area Number 5.It has been proposed that the Board of Commissioners of the HRA and the City Council approve the Financing Plan, and that this Council hold a public hearing on the Financing Plan as required by Minnesota Statutes, Section 469.175, subdivision 3. 2. Public Hearing. A public hearing is hereby scheduled to be held on the Financing Plan at 7:00 p.m. on December 3, 2002, in the Council Chambers of the Eden Prairie City Center, 8080 Mitchell Road,Eden Prairie,Minnesota. The City Clerk is hereby authorized and directed to cause notice of such public hearing in substantially the form of Exhibit A hereto to be published in the official newspaper of the City not less than 10 days prior to the date of the hearing, and to provide the information required by Minnesota Statutes, Section 469.175, subdivision 2 to the appropriate governmental bodies. ADOPTED by the City Council on October 15, 2002. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A NOTICE OF PUBLIC HEARING ON APPROVAL OF A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING(QUALIFIED HOUSING) DISTRICT NO. 19 (SW STATION) OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE,MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Eden Prairie will hold a public hearing on approval of a Tax Increment Financing Plan (the Financing Plan) for Tax Increment Financing(Qualified Housing)District No. 19 (the Financing District) of the Housing and Redevelopment Authority of the City of Eden Prairie (the HRA) at 7:00 p.m. on Tuesday, December 3,2002, in the City Council Chambers, 8080 Mitchell Road,Eden Prairie,Minnesota. The Financing Plan provide for the financing with tax increment revenue generated by the Financing District established by the Financing Plan of certain public costs to be incurred by the HRA or the City in connection with carrying out the Plan. Accompanying this notice is a map of a portion of the City. The map shows the area encompassed by the Financing District from which tax increment may be collected pursuant to the Financing Plan and the area in which such tax increment may be expended. It also represents the site area of the proposed Heights at Valley View apailijient development. All who wish to be heard as to the Financing Plan will be given an opportunity to express their views at the time of the public hearing or may file written comments with the Finance Director/Clerk prior to the public hearing. Kathleen Porta, City Clerk Area Location Map Southwest Station Valley View Roal State Highw, 312 Prairie Center Drive 1Sl 1 -may Technalag ive w No Scale i CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 15,2002 DEPARTMENT: ITEM DESCRIPTION: Amend Professional ITEM NO. Management and Budget: Services Agreement with Endurant Business Don Uram Solutions for City Website . e • Requested Council Action: Move to: Amend Professional Services Agreement with Endurant Business Solutions for City Website Synopsis: On June 18,the City Council approved a professional services agreement with Endurant Business Solutions to design the City's website. Endurant committed to meet and/or exceed the requirements of the City's RFP at the previous low contract price of$65,000. The final project cost totals $93,312.50. Following are reasons for this cost variance: 1. The initial project requirements were defined fall 2001 and the project went to RFP in February 2002. The City learned a great deal since that time and project requirements continued to evolve. 2. The Ittrium Origo content management tool was recommended as a strategic long term platform for the City to utilize and was provided over and above the requirements of the RFP. The cost to acquire was$25,000. 3. The Origo content management tool will be used for multiple Web projects by the City. It will be the cornerstone for how we organize and track document for the City. 4. Endurant assisted City staff in organizing and formatting the web pages to be released in the initial redesign launch (August 14th) 5. Without Endurant's help, the City would not have made the launch date. Endurant and City Staff spent over 1,000 hours on the project. 6. Endurant assisted in designing, architecting and implementing an innovative, award winning site. The Web Marketing Association recognized the City of Eden Praire's site as "Outstanding"in the Government sector. 7. Much of what the City has learned on this project will be helpful(and reusable) for the City's Economic Development Web initiative. Not including software,the consulting cost on the project was$68,312.50. The overall project cost falls within the other proposal's submitted to the City that ranged in price from $65,000 to $250,000. Staff budgeted $100,000 for the website project. Attachments: Cost Summary Category Extimated/Bid Actual Variance Dollars Hours Dollars Hours Dollars Hours Origo Software $25,000.00 $25,000.00 $0.00 0.00 Ittrium Consulting $10,000.00 80.00 $13,375.00 120.00 $3,375.00 40.00 Endurant Consulting $30,000.00 240.00 $54,937.50 436.75 $24,937.50 196.75 Total $65,000.00 320.00 $93,312.50 556.75 $28,312.50 236.75 Ittrium Original Consulting Invoice $10,000.00 Ittrium Final Consulting Invoice $3,375.00 Total $13,375.00 Habitat for Technology Invoice 1582 $18,660.00 Habitat for Technology Invoice 1616 $36,277.50 Total $54,937.50 CITY COUNCIL AGENDA DATE: October 15,2002 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C.02-5583 ITEM NO.: Engineering Division Approve Professional Services Agreement with Rodney W.Rue SRF Consulting Group for Intersection *F Eugene A.Dietz Improvements at Anderson Lakes Parkway and Preserve Boulevard Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group for preliminary design services for intersection improvements at Anderson Lakes Parkway and Preserve Boulevard. Synopsis SRF Consulting Group has prepared a Professional Services Agreement which outlines the proposed preliminary design services to develop a layout for the ultimate improvements, as well as potential interim alternatives for this intersection. This project is identified in our 6-year Capital Improvement Project List as a possible 2003 or 2004 project. Background Information This intersection experiences significant delays, particularly on Preserve Boulevard. The proposed preliminary design work will review and identify impacts to widening Preserve Boulevard to 4-lanes, as well as potential interim and ultimate improvements on Anderson Lakes Parkway. Attachments Professional Services Agreement dated October 2, 2002 WA - _ CONSULTING GROUP , INC . Transportation■Civil•Structural•Environmental •Planning■Traffic■Landscape Architecture•Parking Proposal No. P02309 October 2,2002 Mr.Rod W.Rue,P.E. Assistant City Engineer CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie, MN 55344 Dear Rod: SUBJECT: PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES FOR ANDERSON LAKES PARKWAY AND PRESERVE BOULEVARD ROADWAY IMPROVEMENTS As requested, we are pleased to,submit this proposal for professional engineering services for the preliminary design of the improvements to the referenced roadways. We understand that the City would like to develop a layout of the permanent roadway design in this area. In addition, the City would like to review some interim design alternatives for the intersection that would improve traffic flow through the area and have fewer impacts than construction of the ultimate geometrics. The ultimate improvements would include reconstructing Preserve Boulevard between Anderson Lakes Parkway and Westwind Drive to a four-lane divided roadway, with turn lanes as needed. It also would include reconstructing Anderson Lakes Parkway to a four-lane divided roadway with turn lanes at Preserve Boulevard. The four-lane divided section would tie into the existing two-lane undivided section and the limits of reconstruction would likely fall between Homeward Hills Road and Center Way. The attached General Conditions will be incorporated into the Professional Services Agreement. PROJECT DESIGN ISSUES In 1994, SRF assisted the City of Eden Prairie in the reconstruction of the Anderson Lakes Parkway/Preserve Boulevard intersection. The improvements included roadway widening to add turn lanes and the construction of a permanent traffic signal. Through our involvement with the prior design work and after reviewing the current conditions, we have identified the following key design issues that we feel are significant: • We have observed high traffic volumes and turning movements at this intersection,especially in the morning and afternoon peaks. We anticipate even higher traffic volumes when school is in session. One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (763) 475-0010 ■ Fax (763) 475-2429 ■ http://w w.srfconsulting.com An Equal Opportunity Employer ''—, Mr.Rod W.Rue,P.E. -2- October 2,2002 - • There are four large Xcel Energy above ground cabinets located within the project area just behind the curb on the south side of Anderson Lakes Parkway east of Preserve Boulevard. These cabinets will probably need to be moved to accommodate a wider roadway section. Early planning and coordination with Xcel Energy will be important to develop a reasonable construction schedule. • There is a pedestrian underpass under Anderson Lakes Parkway, approximately 500 feet east of Preserve Boulevard. This corrugated steel underpass will likely have to be extended to accommodate roadway widening. • Depending on'the project limits, the roadway widening may impact adjacent wetlands, trails and possibly the Eden Lake School Park. This will likely require additional coordination with the Parks Department, the School District and the Watershed District. • The proposed median on Preserve Boulevard and Anderson Lakes Parkway may restrict access on some driveways and local streets to right-in and right-out only. This potential access modification may require neighborhood informational meetings to review the proposed improvements. • There is a civil defense siren at the southwest corner of the intersection. The operation of the siren will have to be accounted for during project development and maintained during construction. Otherwise,the siren should be relocated outside of the project limits. • There will likely be a substantial amount of right-of-way acquisition required depending on the proposed roadway geometries and storm water ponding requirements. Since property acquisition can often be a very time-consuming process, it will be important to identify • permanent and temporary easement needs as soon as practical and account for the property acquisition process in the project schedule. SCOPE OF SERVICES; The scope of our work would include the following key design tasks: 1. Traffic Study—We understand that the City of Eden Prairie will provide traffic counts at the intersection as needed. This would include hourly approach volumes and a.m. and p.m. peak hour turning volumes. SRF will analyze the traffic counts and prepare 20-year forecast volumes. We will prepare a Traffic Operations Memorandum with recommended turn lanes and roadway geometries. 2. Field Surveys — SRF surveyors will perform topographic field surveys, as needed, to prepare an existing conditions planimetric basemap. 3. Preliminary Design (Ultimate Geometric Layout) — SRF will prepare a preliminary geometric layout with construction limits to assist City staff in reviewing the project with local residents and the City Council. The layout will include horizontal and vertical alignments and proposed geometries for all roadways. Typical sections for all roadways will be shown. We will develop a pavement design based on geotechnical recommendations (by others — geotechnical services are not included in this scope of services). Potential ponding areas will be identified. Construction limits will be shown based on preliminary cross sections, and right-of-way and temporary easement needs will be identified on the layout. T Mr.Rod W_Rue,P.E. -3 - October 2,2002 - 4. Alternative Interim Improvements-SRF will work with City staff to develop up to three (3) design alternatives that would consist of interim improvements that could be constructed prior to constructing the ultimate roadway improvements. 5. Interim Geometric Layout - After working with City staff and reviewing the interim alternatives, SRF will prepare a preliminary geometric layout based on the preferred alternative. 6. Construction Cost Estimates - SRF will compile project quantities and prepare preliminary construction cost estimates for the ultimate roadway improvement project and the interim alternatives. SCHEDULE SRF will complete this work within a mutually agreed upon time schedule. We estimate - completing the preliminary design in 2002. We understand that the City would like to construct the project in 2003 or 2004. BASIS OF PAYMENT AND BUDGET We'propose to be reimbursed for our services on an hourly basis for actual time expended at the - rates set forth in our existing Agreement. Other direct project expenses, such as printing, supplies,reproduction,etc. would be reimbursed at cost,and mileage would be reimbursed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. Based on the scope of services, we estimate the cost of our services for the project as follows: 1. Project Management/Coordination $ 7,140 2. Surveys and Mapping $21,112 3. Traffic Study $ 3,376 4. Preliminary Design (Ultimate) $19,150 5. Alternative Interim Improvements $12,128 6. Interim Layout $ 5,872 7. Construction Cost Estimates $ 4,960 8. Non-Salary Expenses $ 933 Total Estimated Costs $74,671 CHANGES IN SCOPE OF SERVICES We will not exceed the budget amounts without your approval. It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly.- Before any out-of-scope work is done, however, we will submit a budget for the new work and will not begin work until we receive authorization from you. 5 Mr.Rod W.Rue,P.E. -4- October 2,2002 NOTICE TO PROCEED A signed copy of this proposal, or a separate letter of authorization returned to our office, will serve as our notice to proceed. We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. • - Sincerely, • • SRF CONSULTING GROUP INC. -12/7)- .4ffax71--- IA James R.Dvorak,P.E. Matthew D.Hansen,P.E. Vice President . Senior Associate JRD/MDH/bls • Attachment: General Conditions APPROVED: APPROVED: (Signature) (Signature) Name Name Title Title Date Date - This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. CITY OF EDEN PRAIRIE - - • GENTRAL CONDITIONS Consultant Agreement SECTION 1: PROJECT INFORMATION by Consultant's negligence. • 1.1 City will provide to Consultant all brown information 2.5 City agrees to render reasonable assistance requested by regarding existing and proposed conditions ofthe site.or which. Consultant to enable performance of work without delay or affects the work to be performed by Consultant. Such interference,and upon request of Consultant,to provide a suitable information shall include, but not be limited to site plans, workplace. surveys, known hazardous waste or conditions, previous laboratory analysis results,written reports,soil boring logs and 2.6 City will be responsible for locating and identifying all applicable regulatory site response(Project Information). subterranean structures and utilities. Consultant will take reasonable precautions to avoid damage or injury to subterranean 1.2 City will transmit to Consultant any additions,updates,or structures and utilities identified and located by City and/or revisions to the Project Information as it becomes available to representatives of Utility Companies. City,its subcontractors or consultants. SECTION 3: SAMPLES 1.3 City will provide an on-site representative to Consultant within 24 hours upon request, to aid, define, supervise, or 3.1 Consultant may retain at its facility selected soil,water,or coordinate work.or Project Information as requested by material samples for a maximum of 30 days after completion of Consultant. the work and submission of Consultant's report,which samples shall remain the property of City. Unless otherwise directed by 1;4 Consultant will not be liable for any decision,conclusion, the City,Consultant may dispose of any simples after 30 days. recommendations, judgement or advice based on any inaccurate information furnished by City, .or other 3.2 Disposal of contaminated or hazardous waste samples is the subcontractors or consultants engaged by City. . responsibility of City. After said 30 days,City will be responsible to select and arrange for Iawful disposal procedures that include SECTION 2: SITE LOCATION,ACCESS,PERMITS, removal of samples from Consultant's custody and transporting APPROVALS AND UTILITIES them to a disposal site. City may request, or if City does not arrange for disposal, Consultant may deliver samples to City, 2.1 City will indicate to Consultant the property lines of the freight collect,or arrange for lawful disposal and bill City at cost site and assume responsibility for accuracy of markers. plus 15%. 2.2 City will provide for right-of-way for Consultant personnel SECTION 4: FEE PAYMENT/CLAIMS and equipment necessary to perform the work. 4.1 Consultant will submit invoices to City monthly,and a final -- 2.3 City will be solely responsible for applying for and invoice upon completion of work. Invoices will show chai�es obtaining permits and approvals necessary for Consultant to based on the current Consultant Fee Schedule or other documents perform the work. Consultant will assist City in applying for as attached. and obtaining such permits and approvals as needed. It is understood that City authorizes Consultant to act as agent for 4.2 To receive any payment on this Contract,the invoice or bill City for City's responsibilities under this section including must include the following signed and dated statement "I declare signing certain forms on City's behalf such as Right-of-Way under penalty of perjury that this account, claim, or demand is forms. just and correct and that no part of it has been paid." 2.4 While Consultant will take reasonable precautions to 4.3 The balance stated on the invoice shall be deemed correct minimize any damage to property,it is understood by City that unless City notifies Consultant, in writing,of the particular item in the normal course of the work some damage may occur. that is alleged to be incorrect within ten (10) days from the The correction of any damage is the responsibility of City or, invoice date. Consultant will review the alleged incorrect item at City's direction,the damage maybe corrected by Consultant within ten(10)days and either submits a corrected invoice or a and billed to City at cost plus 15%. Notwithstanding the statement indicating the original amount is correct. above,Consultant agrees to be responsible for damage caused City ofEd n Prairie General Conditions Consult zrAo e8rent - Decerr^er 9 Pole 1 of-1 -� 4.4 Payment is dne upon receipt of invoice (or corrected to mislead others by omitting certain aspects contained in the invoice)and is past due sixty(60)days from invoice date. On report past due accounts,City will pay a finance charge of 1.5%per month on the unpaid balance,or the maximum allowed by law, 5.5 Consultant will consider Project Information as confidential whichever is less,until invoice is fully paid. • and will not disclose to third parties information that it acquires, uncovers, or generates in the course of performing the work, 4.5 If City fails to pay Consultant within sixty (60) days except as and to the extent Consultant may,in its sole discretion, following invoice date, Consultant may deem the default a deem itself required by law to disclose. • breach of its agreement, terminate the agreement, and be relieved of any and all duties under the agreement. City SECTION 6: DISPUTES/LIM[TATIONS OF REMEDIES however,will not be relieved of Fee Payment responsibilities by the default or termination of the agreement. 6.1 In the event of a breach of Contract by City,the Consultant shall not be entitled to recover punitive,special or consequential 4.6 City will be solely responsible for applying for and damages or damages for loss of business. obtaining any, applicable compensation fund reimbursements from various state and federal programs. Consultant may 6.2 City will pay all reasonable litigation or collection expenses assist City in applying for or meeting notification including attorney fees that Consultant incurs in collecting any requirements,however. Consultant makes no representations delinquent amount City owes under this agreement. or guarantees as to what fundreimbursement City may receive. Consultant shall not be liable for any reductions from 6.3 If City institutes a suit against Consultant,which is dismissed, reimbursement programs made for any reason by state or dropped,or for which judgement is rendered for Consultant,City federal agencies, except as may be caused by Consultant's will pay Consultant for all costs of defense, including attorney negligence. fees,expert witness fees and court costs. • 4.7 City may withhold from any final payment due the 6.4 If Consultant institutes a suit against City,which is dismissed, Consultant such amounts as are incurred or expended by the dropped,or for which judgement is rendered for City,Consultant City on account of the termination of the Contract. will pay City for all costs of defense, including attorney fees, • • expert witness fees and court costs. SECTION 5: OWNERSHIP OF DOCUMENTS 6.5 Dispute Resolution 5.1 Consultant will deliver to City certain reports as instruments of the professional work or services performed 6.5.1 Mediation pursuant to this Agreement. All reports are intended solely for City, and Consultant will not be liable for any interpretations All claims, disputes and other matters in question (hereinafter made by others. "claim")between the parties to this Agreement,arising out of or • relating to this Agreement or the breach thereof,shall be subject 5.2 City agrees that all reports and other work furnished to to mediation. If the parties have not resolved the dispute within City,or City's agents or representatives,which are not paid for, thirty(30)days of receipt of a written complaint,each party may will be returned to Consultant upon demand and will not be require the dispute be submitted for mediation._ If the parties.are used by City for any purpose. unable to agree on a mediator within ten(10) days following a request for mediation,either party may request that a mediator be 5.3 Unless otherwise agreed, Consultant will retain all appointed by the Fourth Judicial District Court. The parties agree pertinent records or reports concerning work and services to share equally all fees incurred in the mediation. performed for a period of at least two(2)years after report is submitted. During that time the records will be made available The parties shall submit to mediation for a minimum of eight(8) to City during Consultant's normal business hours. City may . hours. The parties agree that the mediation proceedings are obtain reproducible copies of all software, manuals, maps, private and confidential. If, at the end of eight hours of drawings, logs and reports at cost, plus 15%, for data and mediation,the parties have not resolved the dispute,the parties materials not being provided as part of the scope of work for may agree to extend hours of mediation. the project. • 6..5.2 Arbitration 5.4 City may use the Consultant report in its entirety and may make copies of the entire report available to others. However, At the option of the party asserting the same,a claim between the City shall not make disclosure to others of any portions or parties to this Agreement, arising out of or relating to this excerpts of a report constituting less than the entire report,or Agreement or the breach thereof, whereby the party or parties City of Eden Prairie General Conditions • Consultant Agrees va Deaertber 0 Paget of r asserting the same claimc entitlement to damages or payment 73 Although data obtained from discrete sample locations wfil be of less than S25,000.00 in aggregate may be decided by used to infer conditions between sample locations no_guarantee arbitration in accordance with the Construction Industry may be given that the inferred conditions exist because soil, Arbitration Rules ofthe American Arbitration Association then surface and groundwater quality conditions between sample existing unless the parties mutually agree otherwise. In the locations may vary significantly, and because conditions at the • event any person shall commence an action in any court for time of sample collection may also vary significantly with respect any claim arising out of or relating to this Agreement or the to soil,surface water and groundwater quality at any other given breach thereof or the Project or construction thereof or any time and for other reasons beyond Consultant's control. contract for such construction, the party making a claim in arbitration may dismiss such proceedings(unless the hearing 7.4 Consultant will not be responsible or liable for the on the claim has commenced) and elect to assert its claim in interpretation of its data or report by others. such action if such party could have done so but for the provisions of this Paragraph. SECTION 8: GENERAL INDEMNIFICATION The parties agree to bear equal responsibility for the fees of 8.1 Consultant will indemnify and hold City harmless from and AAA,including the arbitrator(s). Judgement upon the award against demands,damages,and expenses caused by Consultant's rendered by the arbitrator(s) may be entered in any court negligent acts and omissions, and breach of contract and those having jurisdiction thereof. negligent acts, omissions, and breaches of persons for whom Consultant is legally responsible. City will indemnify and hold In the event that arbitration services are not available from Consultant harmless from and against demands, damages, and AAA,either party may request that an arbitrator be appointed expenses caused by City's negligent acts and omissions, and - by the Fourth Judicial District Court. -breach of contract and those acts, omissions, and breaches of persons for whom City is legally responsible. 6.5.3 Compliance SECTION 9: INSURANCE/WORKER'S The parties deem the dispute resolution procedure as set forth COMPENSATION herein to be an integral and essential part of this Agreement. A party's failure to comply in all respects with this procedure 9.1 Consultant represents and warrants that it has and will shall be a substantial breach of this Agreement. The maintain during the performance of this agreement Worker's arbitrator(s)shall be authorized to assess costs and attomey's Compensation Insurance coverage required pursuant to Minn. fees against a party that has failed to comply with the Stat. 176.181,subd.2 and that the Certificate of Insurance or the procedure in all respects,and,may as a condition precedent to written order of the Commissioner of Commerce permitting self arbitration,require the parties to mediate in accordance with insurance of Worker's Compensation Insurance coverage Section 6.5.1 hereof. provided to the City prior to execution of this agreement is current and in force and effect. SECTION 7: STANDARD OF CARE 9.2 Consultant shall procure and maintain professional liability 7.1 Because no sampling program can prove the non-existence insurance for protection from claims arising out of professional or non-presence of contaminated conditions or materials services caused by any negligent act,error or omission for which fliroughout the "entire' site or facility, Consultant cannot Consultant is legally liable. warrant,represent, guarantee, or certify the non-existence or non-presence, or the extent of existence or presence, of 9.3 Certificate of insurance will be provided to City upon request contaminated conditions or materials, and City's obligation under this agreement will not be contingent upon Consultant's SECTION 10: TERMINATION delivery of any warranties, representations, guarantees, or certifications. 10.1 The agreement between Consultant and City may be terminated by either party upon thirty-(30)days written notice. 7.2 Consultant's opinions,conclusions,recommendations,and report will be prepared in accordance with the proposal,scope 10.2 If the agreement is terminated prior to completion of the of work,and Limitations of Environmental Assessments and project, Consultant will receive an equitable adjustment of no warranties,representations,guarantees,or certifications will compensation. be made. Except that Consultant warrants that hardware and software will perform as represented in proposal and other parts of this agreement. Ci<y ofEden Prafrie General Conn ons Consultant Agreement f Decem er 2000 I Fa,3 of4 . SECTION 11: ASSIGNMENT SECr1ION 17: DATA PRACTICES ACT COMPLIANCE 11.1 Neither party may assign duties,rights or interests in the 17_1 The Consultant shall at all times abide by Mmn.Stat 13.01 performance of the work without obtaining the prior written et seq., the Minnesota Government Data Practices Act, to the consent of the other party, which consent will not be extent the Act is applicable to data and documents in the unreasonably withheld. possession of the Consultant. SECTION 12: DELAYS SECTION 18: DISCRIMINATION 12.1 If Consultant is delayed in performance due to any cause In performance of this contract, the Consultant shall not beyond its reasonable control, including but not limited to discriminate on the grounds of or because of race, color,creed, strikes,riots,fires,acts of God,governmental actions,actions religion,national origin,sex,marital status,status with regards to of a third party, or actions or inactions of City,the time for public assistance,disability,sexual orientation,or age against any performance shall be extended by a period of time lost by employee of the Consultant,any subcontractor of the Consultant, reason of the delay. Consultant will be entitled to payment for or any applicant for employment. The Consultant shall include a its reasonable additional charges,if any,due to the delay. similar provision in all contracts with subcontractors to this Contract. The Consultant further agrees to comply will all aspects SECTION 13: EXTRA WORK of the Minnesota Human Rights Act,Minn.Stat.363.01,et seq., Title VI of the Civil Rights Act of 1964,and the Americans with 13.1 Extra work, additional compensation for same, and Disabilities Act of 1990. extension of time for completion shall be covered by written amendment to this agreement prior to proceeding with any SECTION 19: CONFLICTS extra work or related expenditures. No salaried officer or employee of the City and no member of the SECTION 14: WITHHOLDING TAXES Board ofthe City shall have a financial interest,direct or indirect, in this contract. The violation of this provision renders the 14:1 No final payment shall be made to the Consultant until Contract void. Any federal regulations and applicable state the Consultant has provided satisfactory evidence to the City • statutes shall not be violated. . that the Consultant and each of its subcontracts has complied with the provisions of Minn. Stat. 290.92 relating to SECTION 20: ENTIRE AGREEMENT withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 18.1 This Agreement contains the entire understanding between the City and Consultant and supersedes any prior written or oral SECTION 15: AUDITS agreements between them respecting the written subject matter. There are no representations, agreements, arrangements or 15.1 The books, records, documents and accounting understandings, oral or written between City and Consultant procedures and practices of the Consultant or other parties relating to the subject matter of this Agreement which are not relevant to this Agreement are subject to examination by the fully expressed herein. City and either the Legislative Auditor or the State Auditor for -_- a penod of six (6) years after the effective date of this 18.2 The agreement between consultant and thy may be Contract. modified only by a written amendment executed by both City and Consultant. SECTION 16: PAYMENT TO SUBCONTRACTORS 18.3 This agreement is governed by the laws of the State of 16.1 The Consultant shall pay to any Subcontractor within ten Minnesota. (10)days of the Consultant's receipt of payment from the City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent (1-1/2%)per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is$10.00. For an unpaid balance of less than $100.00, the Consultant shall pay the actual amount due to the Subcontractor. City ofEden Prairie General Conn i ions Consultant A eement De e•r ber 000 (CO Page 4 of 4 CITY COUNCIL AGENDA DATE: October 15,2002 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Services Approve Travel Demand Management Ira Randy Newton Agreement with Residential Funding ' Corporation for the Shady Oak Technology Building Requested Action Move to: Approve Travel Demand Management Agreement with Residential Funding Corporation for the Shady Oak Technology Building. • Synopsis Residential Funding Corporation purchased the Shady Oak Technology Building in August 2002. In order to secure the Developer's obligation to implement the Travel Demand ' Management Plan Residential Funding Corporation has chosen to escrow funds rather than provide a letter of credit. The Travel Demand Management Agreement defines the conditions of the escrow account. Background Information The Developer's Agreement for the Shady Oak Technology Building (dated August 15, 2000) allowed for a proposed building of 26,024 square feet on 2.7 acres of land located in the northeast corner of the Shady Oak Road / West 69th Street intersection. The Developer's Agreement also required the Developer to implement a Travel Demand Management Plan to help reduce traffic congestion in the area and to provide a letter of credit equal to the cost of implementing the first 2 years of the plan. The building was completed in 2001 and has yet to be occupied. In August 2002, Residential Funding Corporation purchased the building. In order to meet the conditions of the Developer's Agreement and secure the Developer's obligation to implement the Travel Demand Management Plan Residential Funding Corporation was required to provide a letter of credit to the City. Residential Funding Corporation then requested that they secure the Developer's obligation to implement a Travel Demand Management Plan with escrowed funds rather than with a letter of credit. The Travel Demand Management Agreement defines the conditions of the escrow account. Attachments Travel Demand Management Agreement L TRAVEL DEMAND MANAGEMENT AGREEMENT THIS TRAVEL DEMAND MANAGEMENT AGREEMENT (the "Agreement) is entered into as of the day of September, 2002, by RESIDENTIAL FUNDING CORPORATION, a Delaware corporation ("Owner"), and the CITY OF EDEN PRAIRIE, a municipal corporation("City"). • WITNESSETH: • WHEREAS, the Owner is the owner of the property described on Exhibit A attached hereto(the "Property"). WHEREAS, the Owner is willing to undertake the obligation to implement a Travel Demand Management Plan in connection with the property ("TDM Plan"), as more fully described in paragraph 16 and Exhibit E to that certain Developer's Agreement, dated August 15, 2000, between Shady Oak Center, LLC, a Minnesota limited liability company, and the City (the "Developer's Agreement") filed in the records of the Hennepin County Recorder as Document Number 739805'7 WHEREAS, the Owner and the City agree that the Owner's obligation to implement the TDM Plan may be secured by escrowed funds rather than a letter of credit to the City, as set forth herein. • NOW,THEREFORE,the Owner and the City hereby agree to the following: 1. Anything in paragraph 16 of the Developer's Agreement to the contrary notwithstanding, the Owner will not be obligated to provide to the City a letter of credit. Instead, the Owner will deposit cash in the amount of$14,600 into escrow with Chicago Title Insurance Company(the"Escrow Agent"). 2. Escrow Agent shall not be liable for any simple mistake or error of judgment in the discharge of its functions as escrow agent hereunder but only for bad faith or gross negligence in discharging such responsibility. In the event any action or legal proceedings arises out of this Agreement to which Escrow Agent is or may be a party,Escrow Agent may in its sole discretion pay the escrowed funds or any • portion thereof into court and be relieved of any further responsibility or liability as to the monies paid into court. Escrow Agent's signature below signifies its willingness to act as escrow agent pursuant to the terms hereof. 3. The escrowed funds will be released to the Owner on a"draw-down"basis during the later of the first two years of building occupancy or the first two years of TDM Plan implementation,in the following manner. a) The Owner shall periodically submit to the City and the Escrow Agent information, letters and/or receipts of expenses associated with executing { the TDM Plan along with a request for release of funds from escrow in the amount shown on such receipts. The City shall have 15 business days to review the submitted items and, by written notice to the Owner and the Escrow Agent, either(i) approve the release of such funds, in which event the Escrow Agent shall release such funds to the Owner, or (ii) state the reason such funds may not be released. If within this 15 day period the City does not provide the Owner and the Escrow Agent with such written notice, then the Escrow Agent shall release such funds. b) In the event the City provides written notice as stated above that the funds may not be released,either the City or the Owner may submit the matter to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then obtaining, unless the parties • mutually agree otherwise. No arbitration arising out of, or'relating to this Agreement shall include by consolidation,joinder or in any other matter, the Escrow Agent. Notice of demand for arbitration shall be filed in writing with the other party to this Agreement and to the American Arbitration Association within 30 days of the City's written notice stating the reasons such funds may not be released. The award rendered by the arbitrator shall be final, and judgment may be entered upon and in accordance with applicable law in any court having jurisdiction thereof. The arbitrator may not award punitive or exemplary damages to either party. Each party shall be responsible for its own attorney's fees and costs in any arbitration conducted hereunder. 4. If, at the expiration of the above-described two year period, the TDM Plan is not implemented to the City's reasonable satisfaction, any undisbursed funds shall be disbursed by the Escrow Agent to the City. 5. The Owner shall pay all fees and expenses incurred or charged by the Escrow Agent. 6. The Owner shall pay all reasonable attorney's fees incurred by the City in the preparation of this Travel Demand Management Agreement. [Remainder of page intentionally left blank] IN WITNESS WHEREOF, the parties to this Agreement have caused the presents to be executed as of the day and year aforesaid. "OWNER" RESIDENTIAL FUNDING CORPORATION ,, a Delaware corporation )114 tr IT By: ; 4, Name: JOHN K. BLANCHARD 6 Title: DIRECTOR WOi1LDWiDC RCAL ESTATE Approved for signing: STATE OF MICHIGAN ) )ss. COUNTY OF 1-4)4y ' - ) The foregoing instrument was acknowledged before me this 24' day of 5E PT&-r-css� , 2002, by �oH.0 K. 1'4-.44 , the ,QurwCcrz.E'h c;v<r;�� / of Residential Funding Corporation, a Delaware corporation,.on behalf of the corporafion. \/ be Ncy C0.1-144/5s���./J 42/o/dvc?S IN WITNESS WHEREOF, the parties to this Agreement have caused the presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE, a Minnesota municipal corporation By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this — day of , 2002, by , the of the City of Eden Prairie, a municipal corporation, on behalf of the corporation. Notary Public 1• 4 c,", ESCROW AGENT'S ACKNOWLEDGMENT Chicago Title Insurance Company hereby acknowledges the receipt of the sum of $14,600.00 which the undersigned agrees to hold in escrow and disburse pursuant to the terms of this Agreement and pursuant to all applicable laws,codes and ordinances. "ESCROW AGENT" CHICAGO TITLE INSURANCE COMPANY By: Its: Dated: , 2002 EP\Shady Oak\Travel Demand Agreement EXHIBIT A LEGAL DESCRIPTION PARCEL 1: That part of Lot 1,Block 2, Shady Oak Industrial Park,Hennepin County,Minnesota, lying West of a line drawn at a right angle to the South line of said Lot 1 from a point on said South line distant 340.84 feet West of the Southeast corner of said Lot 1. PARCEL 2: Appurtenant non-exclusive easement for roadway purposes over the Southeasterly and Southerly 30 feet of that part of Lot 2, Block 2, Shady Oak Industrial Park, lying Westerly of the Easterly 124.98 feet of said Lot 2, as set forth in Mutual Easement Agreement, dated August 21, 2000, filed August 28, 2000, as Document Number 7345470, Office of County Recorder, Hennepin County,Minnesota. • DET C1504377.3 0 CITY COUNCIL AGENDA DATE: October 15, 2002 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION:Request to Construct ITEM NO: Parks and Recreation Tree Fort in Conservation Easement at 11623 u Robert A. Lambert Director Landing Road Requested Action Motion: Move to approve the agreement relating to conservation/scenic easement authorizing the construction of a tree fort within the conservation easement located at 11623 Landing Road. Synopsis Andrew and Kathy Washburn, residents at 11623 Landing Road, have requested the City allow them to construct a tree fort within the conservation easement on their property with the following conditions: 1. The size of the structure will be below the size requiring a building permit and no more than 12 inches of material related to the tree fort may touch the ground within the easement area. 2. The tree fort structure will be removed within ten years from the date of this agreement or the sale of the property,whichever occurs earlier. 3. The structure will be removed and not replaced if the tree becomes diseased and needs to be removed. 4. If the structure is destroyed or damaged the structure must be removed and may not be rebuilt. 5. The Washburn's shall post a $2,000 bond to enforce the covenants. The $2,000 will remain with the City until the tree fort has been removed in accordance with the agreement. 6. The covenants will be filed against the property. Background At the September 3rd meeting, the Washburn's and their attorney Brian Liebo appeared before the Council to request the City grant them the ability to construct the tree fort within the conservation easement on their property. The City Council was reluctant to grant the request fearing that it may set a precedent and encourage similar requests. 1 City Council Agenda 10/15/02 Request to Construct Tree Fort in Conservation Easement at 11623 Landing Road Page 2 The Washbums and many of their neighbors were in attendance and indicated that the majority of the people that live in the neighborhood and could view the structure supported the construction of the tree fort as a place where neighborhood children could play and that the structure would not require removal of vegetation within the conservation easement. The City Council directed staff to meet with the Washbums and their representative to determine if a solution could be developed that would allow the structure without setting a precedent. City staff does not believe the existing structure will cause serious damage to the tree as it is constructed and it appears as though the surrounding neighbors support the request;therefore, the additional concern regarding the City's commitment to preserving the natural condition of the area is apparently not an issue. City staff believes the attached agreement will ensure a relatively short existence of this structure and is likely too cumbersome to encourage similar requests. RAL:mdd -7 ,. I AGREEMENT RELATING TO CONSERVATION/SCENIC EASEMENT This Agreement is made this 4th day of October, 2002, by and between the City of Eden Prairie Minnesota, a Municipal Corporation, (the "City") and Andrew and Kathy Washburn(the "Washburns"). WHEREAS, the Washburns are the fee owners of the real property legally described as Lot 4, Block 1, Riverview Heights, located in Hennepin County, Eden Prairie, Minnesota (the "Property"); and WHEREAS, the City currently holds a Conservation/Scenic Easement ("Easement") against the Property,which was filed with the Hennepin County Registrar of Titles on March 17, 1994, as document number 2492580; and WHEREAS, pursuant to the Easement, no "man-made structure may be placed in the Easement area without the prior written consent of the City;"and WHEREAS, the Washburns have commenced constructing a small tree fort over a portion of the Easement area and have sought written consent from the City to complete construction of this structure, and the City has expressed reservations about granting such consent; 73 NOW, THEREFORE, the City and the Washburns, desiring to avoid any further disputes between themselves,hereby agree to the following: 1. That this Agreement shall be construed as written consent from the City to the Washbums to construct a tree fort in the Easement area, as long as the size of such structure is below the size of structures requiring a building permit in the City of Eden Prairie at the time of construction and no more than 12 square inches of material related to the tree fort may touch the ground within the easement area. 2. If the tree upon which the tree fort is supported becomes diseased and needs to be removed from the Property,the tree fort will be removed at the same time as the subject tree and will not be rebuilt. Alternatively, if the tree fort is destroyed and/or significantly damaged in such a manner that it becomes structurally unsound and unsafe, the tree fort shall be removed and not be rebuilt. 3. The tree fort structure in the Easement area shall be removed within ten(10) years from the date of the signing of this Agreement by the last signatory or the sale of the Property, whichever occurs earlier. The Washburns will notify the Director of Parks and Recreation Services of any applicable sale in writing to the City within fourteen (14) days from the date of the sale of the Property occurring prior to the expiration of ten years from the date of this Agreement. 4. In conjunction with this Agreement, the Washburns shall post a bond to ensure the enforcement of the covenants herein,which bond shall be in the form of funds deposited with the City of Eden Prairie in trust, through its attorney,Richard Rosow, in the amount of$2,000.00 ("Funds"). 5. In the event that the Washburns and/or their successors or assigns breach any of the covenants herein,the City shall provide written notice to the Washbums and their successors, and/or assigns at the Property,having the mailing address of 11623 Landing Road, Eden Prairie, Minnesota 55347, and said notice shall state the facts constituting default and demand for curing the default("Notice"). 6. If default hereunder continues for fourteen (14) days following the receipt of the City's written Notice, the Washburns'Funds shall be forfeited to the City upon receipt of a sworn affidavit from the City or its attorney stating the facts necessary to show the conditions precedent herein have been satisfied for forfeiture of the Washburns' Funds to the City. In addition, if the Washburns or their successors, or assigns breach any of the terms hereunder, and said breach continues fourteen (14) after receipt of a written Notice of default from the City of Eden Prairie, the City may, in its sole discretion, enter upon the Property and the Easement area for the purpose of removing and properly disposing of the tree fort structure located in the Easement area. 7. After the tree fort has been removed by the Washburns from the Easement area, the Washburns or their attorney will give the City or any of its attorneys written notice of having satisfied the terms of this Agreement. Within fourteen (14) days of sending such notice, the City or its attorney shall notify in writing the Washburn and their attorney either of the following: (a) that all of the conditions of this Agreement have been satisfied and the City will immediately release the$2,000.00 Funds being held in trust to the Washburns, or(b) a description of why the conditions of this Agreement have not been satisfied and how such conditions may be reasonably satisfied to ensure the release of the Washburns' performance bond Funds. The Washburns will thereafter have fourteen (14) days from receipt to satisfy any reasonable conditions required by 75 the City. If the City or its attorney does not respond to the Washb ms' notice of satisfaction of the terms herein in writing within fourteen (14) days of the Washbums' notice, the City shall be obligated to immediately release to the Washburns the$2,000.00 performance bond Funds being held in trust to the Washburns at their last know address. 8. This Agreement shall bind the parties and their officers, agents, successors and assigns, and may be recorded against the Property by either party, as long as it is not filed for recording after October 04, 2012. 9. Upon the satisfaction of the terms hereunder, the City and its attorneys agree to fully cooperate in recording against the Property any necessary documents to memorialize that the terms of this Agreement have been satisfied, in the event that this Agreement is recorded against the Property or requested by the Washburns and/or their successors, assigns or attorneys. 10. If any party hereto commences any legal action to enforce any of the terms hereof, and that party is successful on its claim(s),that party shall recover from the other all of its legal costs, including reasonable attorneys' fees,incurred in see • to enforce such term(s). Dated: October ?5 , 2002 By: Andrew Washburn c.I"'\ The foregoing instrument was acknowledged before me this v day of October, 2002,by Andrew Washburn. SARA M.ROSEii,,,,--i----./1---. .g.,______ II -�`L�` .NOTARY FUBLIC•MItJD1ESOTA NotaryPublic x`,. .,,�:��r' MY COMMISSION EXPIRES 1.31-2005 Dated: October r ,2002 By: Kathy as urn The foregoing instrument was acknowledged before me this 8fi day of October, 2002,by Kathy Washburn. /S..--- /— ti cyt tMvw"Aw.-.AAAMMNN`VW1VtiAA SARA M.ROSE 1 --') NOTARY FLIBLiC-.:I:IIESOTA <`• "'-�" MY CV"SISSv2tU..fiRES1-31-20:5 < ti�f _ -/ Notary Public THE CITY OF EDEN PRAIRIE Dated: October , 2002 By: The Honorable Nancy Tyra-Lukens • Its: Mayor The foregoing instrument was acknowledged before me this day of October, 2002, by The Honorable Nancy Tyra-Lukens. Notary Public THE CITY OF EDEN PRAIRIE Dated: October ,2002 By: Scott Neal Its: City Manager The foregoing instrument was acknowledged before me this day of October, 2002, by Scott Neal. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Brian H. Liebo, Esq. HELLMUTH &JOHNSON, PLLC Attorneys for the Washburns 10400 Viking Drive, Suite 560 Eden Prairie,MN 55344 (952)941-4005 Richard F.Rosow,Esq. Gregerson,Rosow,Johnson&Nilan, Ltd. Attorney for the City of Eden Prairie 1600 Park Building 650 Third Avenue South Minneapolis,MN 55402 CITY COUNCIL AGENDA DATE: October 15,2002 SECTION: Public Hearing DEPARTMENT/ ITEM DESCRIPTION: ITEM NO.: DIVISION: Special Assessment Hearing for the Approval of Engineering Division the 2002 Special Assessments - A . Jim Richardson (Published 09/19/02) Eugene A.Dietz Requested Action Move to: • Close the public hearing; and • Adopt the resolution approving all Special Assessments presented in the fall of 2002. Synopsis Each year, the City Council holds a public hearing to consider levying the special assessments that have been identified over the previous 12 months. This year, the council will address two projects and a list of supplemental assessments for such things as trunk and lateral exclusions and trunk utility assessments. Background Information See the attached list of projects that the Council will be asked to approve for levying special assessments for collection with property taxes. The Supplemental Trunk Sewer and Water assessments are primarily development based. The Exclusions are for the properties that connected to public utilities before the 5-year exclusions became due. The total amount proposed to be assessed in 2002 is $1,400,023.57 Attachments List of projects to be approved. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA -7z CITY OF EDEN PRAIRIE HENNEPIN COUNTY,1 IINNESOTA RESOLUTION NO. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections in the proposed assessments for the following improvements to wit: (See Exhibit A attached) NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the fmal assessment rolls, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shalt bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid on or before October 30, 2002. To the first installment shall be added interest on the entire assessment from November 1, 2002 until December 31, 2003. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be • extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2003 4. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid.for from municipal funds by levying additional assessments,on notice and hearings as provided for the assessments being made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. 5. The assessment data of Resolution No. 2002-150 is herein revised in accordance with Exhibit A attached hereto. APPROVED on October 15,2002. • Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta,City Clerk -77 1. I.C.96-5406—Highview/Lakeland Sanitary Sewer and watermain laterals to serve the Project Cost: $ 37,576.94 Highview/Lakeland Terrace neighborhood. The area to be Previously Assessed: $ -0- assessed lies south of Riley Lake, east of the westerly City City Share: $ -0- boundary and north of the Hennepin County Light Rail County Share: $ -0- Transit Right of Way. Net Assessment: $ 37,576.94 20 Years at 8.5% Lot Unit=$18,788.47 Lot Unit Parcel PID# Property Owner Legal Description 2003 Deferred 2008 $Amount $Amount $Amount 30-116-22-22-0028 Schoenecker Unplatted -0- 18,788.47 30-116-22-22-0029 Halvorson Tract A RLS 1492 -0- 18,788.47 2. I.C. 99-5491 —Cedar Forest Sanitary Sewer subtrunk to serve the Cedar Forest Project Cost: $ 39,447.00 neighborhood. This area to be assessed is the unplatted Previously Assessed: $ -0- properties lying east of Cedar Forest, west of Riley Creek City Share: $ -0- Estates, south of Pioneer Trail and north of Cedarcrest County Share: $ -0- Drive. Net Assessment: $ 39,447.00 20 Years at 8.5% Lot Unit=$1,461.00 Lot Unit Parcel PID# Property Owner Legal Description 2003 Deferred 2008 $Amount $Amount $Amount 20-116-22-31-0001 Gustafson _Unplatted 1,461.00 7,305.00 20-116-22-34-0023 Ruben Unplatted 1,461.00 27,759.00 20-116-22-34-0028 Treanor Unplatted 1,461.00 Supplementals Property Owner Years Percentage $Amount Trunk Sewer&Water 08-116-22-34-0004 Terrey Pine Villas 5 6.5% 12,672.50 12-116-22-24-0009 Heights of Valley View 5 6.5% 6,578.00 12-116-22-31-0007 Heights of Valley View 5 6.5% 6,578.00 17-116-22-21-0003 Terrey Pine Villas 5 6.5% 12,672.50 19-116-22-32-0006 Bushey 5 6.5% 220.00 20-116-22-41-0060 Sailor 5 6.5% 1,612.00 20-116-22-43-0069 Alm. 10 6.5% 300.00 21-116-22-43-0005 Kaufmann 5 6.5% 5,689.44 28-116-22-23-0002 Watson 5 6.5% 9,724.00 30-116-22-12-0003 Stonegate 5 6.5% 35,243.00 30-116-22-12-0005 Stonegate 5 6.5% 35,243.00 SO 30-116-22-12-0006 Stonegate 5 6.5% 35,243.00 30-116-22-13-0027 Duponts 5 6.5% 520.00 30-116-22-13-0028 Duponts 5 6.5% 6,448.00 30-116-22-14-0042 Oak Parke 5th 5 6.5% 428,168.00 30-116-22-21-0008 Stonegate 5 6.5% 35,243.00 30-116-22-23-0023 The Pines I 5 6.5% 26,884.00 30-116-22-24-0005 Crestwood Ponds 5 6.5% 17,997.20 36-116-22-31-0006 River View 5 6.5% 93,964.00 I.C. 99-5491 Cedar Forest Trunk Exclusions 20-116-22-33-0002 Danielson 18 8.5% 300.00 29-116-22-21-0003 Dolny 18 8.5% 520.00 29-116-22-21-0018 Engel 18 8.5% 520.00 29-116-22-21-0027 Whalen 18 8.5% 520.00 I.C. 96-5406 Highview/ Lakeland Trunk Exclusions 30-116-22-22-0002 Halverson 18 8.5% 520.00 30-116-22-22-0003 Sarles 18 8.5% 520.00 30-116-22-22-0005 Adzick 18 8.5% 520.00 30-116-22-22-0008 Bridges 18 8.5% 520.00 30-116-22-22-0016 Jellison 18 8.5% 520.00 . 30-116-22-22-0017 Dusterhoft 18 8.5% 520.00 30-116-22-22-0019 Borden 18 8.5% 520.00 I.C. 99-5491 Cedar Forest Lateral Exclusion 20-116-22-34-0006 Hanson 18 8.5 8,080.00 20-116-22-34-0018 Wigley 18 8.5 8,080.00 20-116-22-34-0019 Christopherson 18 8.5 8,080.00 20-116-22-34-0020 Knudtson 18 8.5 8,080.00 29-116-22-21-0003 Dolny 18 8.5 8,080.00 29-116-22-21-0004 Gumm 18 8.5 8,080.00 29-116-22-21-0016 Legand 18 8.5 8,080.00 20-116-22-21-0018 Engel 18 8.5 8,080.00 29-116-22-21-0027 Whalen 18 8.5 8,080.00 T.C. 96-5406 Highview/ Lakeland Lateral Exclusion 30-116-22-22-0002 Halverson 18 8.5 16,900.00 30-116-22-22-0003 Sarles 18 _8.5 16,900.00 30-116-22-22-0005 Adzick 18 8.5 16,900.00 30-116-22-22-0008 Bridges 18 8.5 9,881.49 30-116-22-22-0016 Jellison 18 8.5 9,881.49 30-116-22-22-0017 Dusterhoft 18 8.5 9,881.49 30-116-22-22-0019 Borden 18 8.5 9,881.49 Ut Weed&Tall Grass 23-116-22-22-0078 Campbell 1 6.5% 120.00 23-116-22-33-0008 Post Construction 1 6.5% 120.00 23-116-22-34-0043 Post Construction 1 6.5% 120.00 Connection Fees 19-116-22-32-0006 Bushey 5 6.5% 5,252.00 20-116-22-33-0002 Danielson 18 6.5% 7,878.00 21-116-22-43-0005 Kaufman 10 6.5% 14,800.00 Administration Fees 20-116-22-43-0069 Alm 10 6.5% 1,456.00 Metro SAC &WAC 20-116-22-43-0069 Alm 10 6.5% 1,720.00 IC 00-5517 Special Assessment Agreement 00-10 14-116-22-23-0015 Flagship 2rd Addition 15 6.5% 325,663.03 IC 00-5520 Special Assessment Agreement 00-12 30-116-22-24-0006 Welter Trailhead 5 6.5% 26,425.00 MOSS & B A R N E T T A Professional Association HERataN .RATE31E 4800\\ells Fargo Center THOMAS A iKEllElt IH 90 South Seventh Street JAMES E.O'BRIEN Minneapolis.MN 55402-4129 EDWARD L WINER JAMES E.O'BRIEN Telephone r 12.34i.0300 WILLIAM A.HAUG CHARLES A.PARSONS.JR. 612.347.0273 Facsimile 612.339.6686 THOMAS E.HARMS OBrienJ@moss-bamett.com RICEJARDJ.JOHNSON www.moss-bamett.com ROBERT J.LUKES JAMES A.RUBENSTEIN pp /fi THOMAS R.SHERAN October 8, 2002 EDWARD J.BLOMME JEFFREY L WATSON THOMAS J.SHROYER DAVID R JENDRZEJEK CERTIFIED MAIL CURTIS D.SMITH DAVE E SENGER RETURN RECEIPT REOUESTED MITCHELL H.COX MICHAEL J.BRADLEY PETER A.KOLLER RICHARD J.KELBER CityClerk KEVIN M.BUSCH SUSAN C.RHODE City of Eden Prairie NICK HAY THOMAS A.JUDD 8080 Mitchell Road DEANNE M.GRECO CASS S.WEIL Eden Prairie,MN 55344 GLEN E.SCHUMANN JANNA R.SEVERANCE M.CECILIA RAY NANCY M.KISKIS Re: Notice of Hearing(copyattached) on Proposed Special Assessment IC 96-5406 LAZARUS RONALD A.EISENBERG HearingDate: October 15,2002; Property Owner: Schoenecker Trust PAUL B.ZISLA P t3' BRIAN T.GROGAN Property ID: 30-116-22-22-0028;Proposed Assessment Amount: $18,788.47 J.MICHAEL COLLOTON ERIC J.OLSEN JOSEPH G.MATERNOWSKI WILLIAM A.CUMMING Dear CityClerk: JAYMES D.LITTLEJOHN MICHAEL R.NIXT JAMES E BALDWIN DAVIDS.JOHNSON This letter is written on behalf of the co-trustees of the Schoenecker Trust, the owner of the PIiILIPJ.YOUNG MARK B.PETERSON above-described parcel. This letter is written objection in accordance with Minn. Stat. ARTHUR W.DICKINSON BEN M.IIENSCIIEL §§429.061 and 429.081 to the amount of the assessment set forth above and in the Notice of MARCY R.FROST JON M.TYNJALA Hearing. The assessment is the subject of the Eden Prairie City Council Hearing scheduled for STEVEN E.CULBERT MATIHEW M.MEYER October 15,2002. • GREGORYJ.WILEY II.LE PHAN TIMOTHY L.GUSTIN YURI B.BERNDT The parcel currently has no residential structure and no access to a public street. Existing MELISSA A.BAER CRAK;A.OPP easements only provide access to the Schoenecker homestead, Tax Parcel 30-116-22-21-0004. JAMES).VEDDER CINDY J.ACKERMAN As a consequence, at the present time the parcel cannot be developed with a second home and ANTIIONY A.DORLAND SIIAREEN R.LUZE the trustees have no present plan to develop the parcel or sell it. Reference is made to the OF COUNSEL attached copy of letter of Jim Richardson dated October 9, 2001. ARTIIUR J.GLISSMAN If the assessment is deferred until development or rezoning,then this objection is withdrawn. • Please advise us of the decision made by the City Council. Since y, J es E. O'Brien, as Co-Trustee of the Amendment and Restatement of L. Guy Schoenecker Trust Agreement Dated June 7, 1990,As Amended CAP/tjp/538837/1 cc: Guy Schoenecker(w/encs.) Charles A.Parsons,Jr.(w/encs.) CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims Oct 15.2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims Financial Services/Don Uram Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 113897-114326 Wire Transfers 1615-1622 Background Information Attachments T5 City of Eden Prairie Council Check Summary 10/15/2002 Division Amount 388,733 101 Legislative 3,614 102 Legal Counsel 40,457 110 City Clerk 902 111 Customer Service 13,432 112 Human Resources 1,765 113 Communication Services 772 114 Benefits&Training 4,621 115 Risk Management 1,310 116 Facilities 5,557 117 City Center 1,366 130 Assessing 1,018 131 Finance 504 133 Community Development 1,161 135 Information Technology 946 136 Wireless Communication 375 151 Park Maintenance 25,716 152 Parks Capital Outlay 1,995 153 Athletic Programs 3,240 154 Community Center 11,058 156 Youth Programs 234 157 Special Events 3,074 158 Senior Center 3,186 160 Adaptive Recreation 383 161 Oak Point Pool 3 162 Arts 777 163 Park Facilities 969 180 Police 26,406 181 Telecommunicators 129 184 Fire 19,343 185 Animal Control 377 186 Inspections 377 200 Engineering 125 201 Street Maintenance 12,030 203 Fleet Services 30,866 301 CDBG 4,670 303 Cemetary Operation 325 314 Liquor Compliance 375 502 Park Development 144,377 503 Utility Improvement 13,375 506 Improvmeht Bonds 1996 432,166 507 Construction Fund 62,265 509 CIP Fund 246,762 511 Construction Fund 104,969 601 Prairie Village Liquor 105,735 602 Den Road Liquor 167,799 603 Prairie View Liquor 104,419 701 Water Fund 41,263 702 Sewer Fund 174,708 703 Storm Drainage Fund 14,417 803 Escrow Fund 23,234 Report Totals 2,247,678 G /r (� �li City of Eden Prairie Council Check Register 10/15/2002 Check* Amount Vendor Account Description Business Unit 1615 115,531 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund 1616 21,845 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1617 132 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund 1618 26 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1619 8,409 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1620 14,960 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1622 62,868 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 113897 320 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 113898 175 ARMA INTERNATIONAL INC. Dues&Subscriptions In Service Training 113899 1.783 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 113900 1,310 CHANG,ALICE Insurance Risk Management 113901 300 DANIELSON,ROBERT C. Other Contracted Services Octoberfest 113902 177 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Fire 113903 500 ELK RIVER GERMAN BAND Other Contracted Services Octoberfest 113904 30 EXPRESS MESSENGER SYSTEMS INC Postage General 113905 400 FAHEY,LARRY Other Contracted Services Octoberfest 113906 29 KLITZKE,CORKY Program Fee Senior Center Program 113907 700 LAKE COUNTRY CHAPTER Conference Expense In Service Training 113908 145 LAMMERS,THOMAS Clothing&Uniforms Street Maintenance 113909 740 MARKS CERTICARE AMOCO Other Contracted Services Guide Plan 113910 504 MINNESOTA PRINT MANAGEMENT LLC Printing Communication Services 113911 96 QUICKSILVER EXPRESS COURIER Postage General 113912 425 QWEST Telephone Prairie Village Liquor Store 113913 350 S G EDELWEISS ST PAUL Other Contracted Services Octoberfest 113914 199 SCHRAM,SCOTT Clothing&Uniforms Street Maintenance 113915 175 STATE TREASURER Conference Expense In Service Training 113916 3 TE,CHAREY Lessons&Classes Oak Point Lessons 113917 10 TORNOE,JACKIE Program Fee Senior Center Program 113918 335 US POSTMASTER-HOPKINS Postage Senior Center Program 113919 7,484 XCEL ENERGY Electric Water Treatment Plant 113920 139 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 113921 1,073 ALL SAINTS BRANDS DISTRIBUTING Wine Imported Prairie View Liquor Store 113922 74 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 113923 391 ARCTIC GLACIER INC • Misc Non-Taxable Den Road Liquor Store ' 113924 2,764 BELLBOY CORPORATION Liquor Den Road Liquor Store 113925 4,570 DAY DISTRIBUTING Beer Den Road Liquor Store 113926 3,296 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 113927 23,776 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 113928 284 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 113929 1,328 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 113930 10,458 GRIGGS COOPER&CO Liquor Den Road Liquor Store 113932 26,712 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 113933 1.915 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 113934 6,182 MARK VII Beer Den Road Liquor Store 113935 1,163 MASS BAR-MATE CORP Misc Taxable Den Road Liquor Store 113936 1,847 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 113937 91 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 113938 3,991 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 113939 315 PEPSI COLA COMPANY Merchandise for Resale Concessions 113941 11,814 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 113942 769 PINNACLE DISTRIBUTING Tobacco Products Den Road Liquor Store 113943 3.963 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 113944 10,061 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 113945 16,790 THORPE DISTRIBUTING Beer Den Road Liquor Store 113946 197 VINTAGE ONE WINES INC Wine Domestic Prairie View Liquor Store 113947 1500 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 113948 56 BERGSTROM.JIM Clothing&Uniforms Police 113949 125 BJORLIN,CURT Special Event Fees Softball 113950 102 BOGREN,ANN Canine Supplies Police 113951 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 113952 48 FIRESIDE CORNER Mechanical Permits General Fund 113953 389 GE CAPITAL Other Rentals General 113954 75 GEIS.ROB Clothing&Uniforms Police 113955 31,609 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Procecution 113956 1,381 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 113957 458 HOME DEPOT/GECF Operating Supplies Concessions 113958 125 KNUDTSON,STEVE Special Event Fees Softball 113959 235 KREI,MELISSA Clothing&Uniforms Police 113960 125 LANDSTEINER,LINDA Special Event Fees Softball 113961 125 LARAMY,PETE Special Event Fees Softball 113962 89 MENARDS Canine Supplies Police City of Eden Prairie Council Check Register 10/15/2002 Check# Amount Vendor Account Description Business Unit 113963 171,970 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 113964 21,751 MINNESOTA DEPT OF HEALTH Miscellaneous Water System Sample 113965 704 MITCHELL,JULIE Other Contracted Services Police 113966 645 NILSSON,BETH Instructor Service Ice Arena 113967 58 OLSON,ROBERT Clothing&Uniforms Police 113968 75 PAIN ENTERPRISES INC. Chemicals Pool Maintenance 113969 262 PETTY CASH Operating Supplies Youth Programs Administration 113970 200 PPT VISION Riley Lake Shelter Park Facilities 113971 5,189 PRAIRIE ELECTRIC COMPANY Capital Under$2,000 Maintenance 113972 7,370 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 113973 9,254 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 113974 102 PROTZELLER,MICHELLE Clothing&Uniforms Telecommunicators 113975 64 RADIOSHACK Operating Supplies Police 113976 10 RODGERS&HAMMERSTEIN ANNEX,T Operating Supplies Summer Theatre 113977 27 SAMS,BETH Clothing&Uniforms Telecommunicators 113978 1,717 STREICHERS Clothing&Uniforms Police 113979 25 TAMS-WITMARK MUSIC LIBRARY INC Operating Supplies Summer Theatre 113980 90 UNIVERSAL MUSIC Round Lake Pavilion Park Facilities 113981 187 ANCHOR PAPER COMPANY Printing Cummins House Special Events 113982 300 ANOKA COUNTY SHERIFF'S DEPT Deposits Escrow 113983 131 BAGELMAN'S NEW YORK BAKERY Miscellaneous General Facilities 113984 242 BLR INC Training Supplies Water Utility-General 113985 15 BOLAND,MICHAEL Program Fee Outdoor Center 113986 80 BOLD,PAULINE Instructor Service Outdoor Center 113987 471 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 113988 130 CHISAGO COUNTY SHERIFF'S DEPT Deposits Escrow 113989 767 CLARK'S STUMP REMOVAL Other Contracted Services Park Maintenance 113990 200 COOPER,DARYL Instructor Service Outdoor Center 113991 207 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions City Council 113992 715 ESCHELON TELECOM INC Equipment Repair&Maint Telephone 113993 40 FREY,TERRI GEIGER Instructor Service Outdoor Center 113994 150 JB LAWN LANDSCAPING&SNOWPLOW Other Contracted Services Park Maintenance 113995 25 KIRK,JOHN Program Fee Outdoor Center 113996 5,565 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Water Accounting 113997 20 MN FALL MAINTENANCE EXPO Conference Expense In Service Training 113998 21 NILSSON,BETH Operating Supplies Ice Arena 113999 325 PWC-KORPACZ SURVEY Operating Supplies Assessing 114000 182 QWEST Telephone Water Utility-General 114001 446 REBS MARKETING Other Contracted Services Water Accounting 114002 4,670 RENEWAL BY ANDERSEN Other Contracted Services 2000 Rehab 114003 12 REYNOLDS,MICHELE Program Fee Outdoor Center 114004 142 RICHARDSON,JIM Other Contracted Services Communication Services 114005 80 SCOTT COUNTY SHERIFFS DEPT Deposits Escrow 114006 193 UNITED HEALTHCARE SERVICES INC Employee Assistance Employee Benefits 114007 305 UNIVERSITY OF MINNESOTA Conference Expense In Service Training 114008 50 WALSTEIN,LOUISE M. Instructor Service Outdoor Center 114009 2,224 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 114010 67 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 114011 1,261 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 114012 100 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 114013 232 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 114014 2,579 BELLBOY CORPORATION Liquor Den Road Liquor Store 114015 11,979 DAY DISTRIBUTING Beer Den Road Liquor Store 114016 306 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store 114017 11,094 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 114018 682 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 114019 138 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 114020 8,408 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 114021 473 HOHENSTEINS INC Beer Den Road Liquor Store 114022 18,185 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 114023 1,521 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 114024 12,064 MARK VII Beer Den Road Liquor Store 114025 3,113 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 114026 120 PEPSI COLA COMPANY Misc Taxable Den Road Liquor Store 114027 7,483 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 114028 1,027 PINNACLE DISTRIBUTING Tobacco Products Den Road Liquor Store 114029 1,731 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 114030 7,915 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 114031 11,699 THORPE DISTRIBUTING Beer Den Road Liquor Store 114032 234 VINTAGE ONE WINES INC Wine Imported Prairie View Liquor Store 114033 560 WINE COMPANY,THE Wine Imported Den Road Liquor Store 6 City of Eden Prairie Council Check Register 10/15/2002 Check# Amount Vendor Account Description Business Unit 114034 4,601 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 114035 8,958 AKIN GUMP STRAUSS HAUER&FELD Legal Counsel Airport Airport 114036 165 ARMOR SECURITY INC. Other Contracted Services Outdoor Center 114037 1,081 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 114038 450 DEPT OF TRADE AND ECONOMIC DEV Conference Expense In Service Training 114039 1,708 ELAN FINANCIAL SERVICES Conference Expense City Council 114040 430 HENNEPIN COUNTY Waste Disposal Park Maintenance 114041 315 HENNEPIN COUNTY 1/T DEPT Software Maintenance Information Technology 114042 62 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 114043 10 KOROGI-REEVES,CAROL Program Fee Senior Center Program 114044 14 KRAEMERS HARDWARE INC Small Tools General Facilities 114045 359 LARIAT COMPANIES INC. Other Contracted Services Water System Maintenance 114046 2,716 LARKIN HOFFMAN DALY&LINDGREN Legal Construction Fund 114047 5,000 LEAGUE OF MINNESOTA CITIES Other Contracted Services Storm Drainage Projects 114048 25 M SHANKEN COMMUNICATIONS INC Misc Non-Taxable Prairie View Liquor Store 114049 62 MANN,TRIA Mileage&Parking Arts 114050 152,784 MEDICA CHOICE Medical Bills Prepaid General Fund 114051 408 METRO DINING CLUB Deposits Escrow 114052 123 MIDWEST SPECIALTY SALES INC Equipment Parts Fleet Services 114053 20 MILLER,DEBORAH Program Fee Senior Center Program 114054 2,094 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 114055 249 MINN NCPERS GROUP LIFE INSURAN Life Insurance Employees General Fund 114056 528 MITCHELL,JULIE Other Contracted Services Police 114057 50 MORSE,MARY Deposits Escrow 114058 5,077 PRUDENTIAL INS CO OF AMERICA C Life Insurance Employees General Fund 114059 52 RADIOSHACK Safety Supplies Sewer System Maintenance 114060 2,811 RELIASTAR LIFE INSURANCE CO Disability Ins Employers General Fund 114061 50 RUMFORD,JOAN Deposits Escrow 114062 50 SCHOLTZ,JILL Deposits Escrow 114063 689 SINELL,STEVE Travel Expense In Service Training 114064 73 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 114065 50 STELTER,EILEEN Deposits Escrow 114066 75 SUSA Conference Expense . Water Utility-General 114067 10 THUN,LEANN Program Fee Senior Center Program 114068 193 TWIN CITY WINDUSTRIAL CO. Repair&Maint.Supplies Water Treatment Plant 114069 853 UNITED WAY United Way Withheld General Fund 114070 10 WUERTH,JOANIE Program Fee Senior Center Program 114071 35 RAIN,SNOW OR SHINE GOLF Special Event Fees Fall Skill Development 114072 20 ALCOHOL&GAMBLING ENFORCEMENT Licenses&Taxes Den Road Liquor Store 114073 784 ANCHOR PAPER COMPANY Office Supplies General 114074 130 BOMA ST.PAUL Conference Expense In Service Training 114075 34 CLAREYS INC Safety Supplies Fleet Services 114076 139 COMARK GOVT&EDUCATION SALES Other Hardware Information Technology 114077 471 CONNEY SAFETY PRODUCTS Operating Supplies Water Utility-General 114078 114 CONSTRUCTION BULLETIN Legal Notices Publishing Construction Fund 114079 7,434 DELL MARKETING L.P. Computers Prairie Village Liquor Store 114080 295 LERN Dues&Subscriptions In Service Training 114081 100 METRO FIRE OFFICERS ASSN Dues&Subscriptions Fire 114082 3,728 METRO SALES INCORPORATED* Other Rentals General 114083 104 MINNEAPOLIS AREA ASSOC OF REAL Operating Supplies Assessing 114084 68 PETSMART Canine Supplies Police 114085 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 114086 49 PURCHASE POWER Operating Supplies General 114087 28 STAR TRIBUNE Dues&Subscriptions In Service Training 114088 81 WALMART COMMUNITY Operating Supplies Police 114089 1,463 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance . 114090 60 APCO INTERNATIONAL Dues&Subscriptions Police 114091 151 APPRAISAL INSTITUTE Operating Supplies Assessing 114092 908 BARTON SAND&GRAVEL CO Landscape Materials/Supp Capital Impr./Maint.Fund 114093 90 BCA CJIS ID UNIT Employment Support Test Human Resources 114094 84 BECKER,DAVE Mileage&Parking Police 114095 75 BIFULK,SHANNON Other Contracted Services Liquor Compliance 114096 74 BOHLEN,JAY Operating Supplies Fire 114097 40 BRAGG,ANNALISA Instructor Service Outdoor Center 114098 163 D'AMICO AND SONS Miscellaneous General Facilities 114099 35 DALAGER,DOUG Events/Admission Fee Adaptive Recreation 114100 35 DENNIS,MARYANNE Events/Admission Fee Adaptive Recreation 114101 461 DMX/MINNEAPOLIS Other Contracted Services Prairie View Liquor Store 114102 15,000 EIBENSTEINER,MARCEL Deposits Escrow 114103 75 ELLMAN,ANNIE Other Contracted Services Liquor Compliance 114104 507 GENZ RYAN PLUMBING&HEATING Mechanical Permits General Fund City of Eden Prairie Council Check Register 10/15/2002 Check# Amount Vendor Account Description Business Unit 114105 160 GRAND SLAM SPORTS&ENTERTAINM Operating Supplies Leisure Time 114106 30 GROVES,TODD Clothing&Uniforms Police 114107 416 HARDRIVES,INC. Deposits Escrow 114108 5,736 HENNEPIN COUNTY Deposits Escrow 114109 9,203 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 114110 48 HERBST,TERRI Lessons&Classes Ice Arena 114111 45 HYDE,MARY Program Fee Senior Center Program 114112 50 INTERNATIONAL ASSOCIATION OF A Dues&Subscriptions Police 114113 189 JOHN MOORMAN INC Conference Expense In Service Training 114114 200 JOHNSON,CAROL Parking Permits Parking 114115 43 KALKES,JAYNA Employee Award Human Resources 114116 372 KASZYNSKI,BETH Travel Expense In Service Training 114117 35 KLEMP,SALLY Events/Admission Fee Adaptive Recreation 114118 5,778 KMC TELECOM HOLDINGS INC. Telephone Telephone 114119 595 KRAUSE ANDERSON Deposits Escrow 114120 98 LEBLANC,ERIC Travel Expense Police 114121 35 LOPRESTI,TERESE Events/Admission Fee Adaptive Recreation 114122 1,050 MEDICINE LAKE TOURS Special Event Fees Adult Program 114123 185 MEESTER,BETH Parking Permits Parking 114124 1,890 METROPOLITAN AIRPORTS COMMISSI Tuition Reimbursement/School Police 114125 45 MEYER,BEVERLY Program Fee Senior Center Program 114126 414 MINNESOTA PRINT MANAGEMENT LLC Operating Supplies Arts Initiative 114127 113 MORROW,JAMES Travel Expense Police 114128 75 NESS,MAREN Other Contracted Services Liquor Compliance 114129 5 NORBLOM PLUMBING CO. Plumbing Permits General Fund 114130 100 OTTERNESS,RON Instructor Service Outdoor Center 114131 100 PETTY CASH-EPCC Petty Cash&Change Funds General Fund 114132 21 PLYMOUTH,CITY Tuition Reimbursement/School Police 114133 413 PUBLIC SAFETY PRINTING SERVICE Printing Police 114134 105 REAL ESTATE 2000 City Building Rental United Properties 114135 75 SCADDEN,JARROD Other Contracted Services Liquor Compliance 114136 180 SCOTT COUNTY SHERIFFS DEPT Deposits Escrow 114137 75 SETTER,TRACEY Other Contracted Services Liquor Compliance 114138 25 SOCIAL SECURITY ADMINISTRATION Other Contracted Services Finance 114139 1,358 STATE MECHANICAL INC Water Meter Sales Water Enterprise Fund 114140 250 STROHMYER,TOM Other Contracted Services Staring Lake Concert 114141 117 TARGET CENTER Special Event Fees Preschool Events 114142 72 TAYLOR,SCOTT Travel Expense Fire 114143 1,489 UTING,BRENDA Other Contracted Services Community Brochure 114144 35 VALA,LISA Events/Admission Fee Adaptive Recreation 114145 436 VERIZON DIRECTORIES CORP Advertising Prairie View Liquor Store 114146 41,294 WOLF MOTOR CO INC Autos Capital Impr./Maint.Fund 114147 142 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 114148 388 ALL SAINTS BRANDS DISTRIBUTING Beer Prairie View Liquor Store 114149 106 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 114150 418 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 114151 4,313 BELLBOY CORPORATION Liquor Den Road Liquor Store 114152 6,253 DAY DISTRIBUTING Beer Den Road Liquor Store 114153 2,119 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 114154 8,231 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 114155 64 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 114156 263 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 114157 535 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store 114158 11,524 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 114160 17,785 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 114161 1,640 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 114162 11,929 MARK VII Beer Prairie View Liquor Store 114163 567 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 114164 356 NEW FRANCE WINE COMPANY Wine Imported Den Road Liquor Store 114165 4,131 PAUSTIS&SONS COMPANY Wine Domestic Prairie View Liquor Store 114166 156 PEPSI COLA COMPANY Merchandise for Resale Concessions 114167 7,240 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 114168 956 PINNACLE DISTRIBUTING Tobacco Products Den Road Liquor Store 114169 2,697 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 114170 9,426 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 114171 11,351 THORPE DISTRIBUTING Beer Prairie View Liquor Store 114172 3,787 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store 114173 2,089 WINE MERCHANTS INC Wine Imported Den Road Liquor Store 114174 794 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 114175 214 A TO Z RENTAL CENTER Other Rentals Park Maintenance 114176 50 ALEXANDRIA TECHNICAL COLLEGE Tuition Reimbursement/School Fire T07 City of Eden Prairie Council Check Register i0/15/2002 Check# Amount Vendor Account Description Business Unit 114177 302 ALL METRO SUPPLIES Landscape Materials/Supp Park Maintenance 114178 411 APPARENTLY GRAPHIC LTD. Operating Supplies Fire 114179 1,142 APRES Other Rentals Sunbonnet Days 114180 845 AQUA ENGINEERING INC Other Contracted Services Flying Cloud Fields 114181 225 AUTOMATED ENTRANCE PRODUCTS IN Other Contracted Services Den Road Liquor Store 114182 160 AZTECH EMBROIDERY SERVICES Clothing&Uniforms Community Center Admin 114183 113 BACHMANS CREDIT DEPT Landscape Materials/Supp Park Maintenance 114184 230 BALDWIN SUPPLY COMPANY Equipment Parts Water Treatment Plant 114185 649 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 114187 6,442 BIFFS INC Waste Disposal Park Maintenance 114188 409 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint City Center Operations 114189 50 BLOOMINGTON,CITY OF Other Contracted Services Park Maintenance 114190 13 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 114191 7,059 BRAUN INTERTEC CORPORATION Testing-Soil Boring Improvement Projects 1996 114192 872 CATCO CLUTCH&TRANSMISSION SE Equipment Repair&Maint Fleet Services 114193 3,094 CEMSTONE Repair&Maint.Supplies Storm Drainage 114194 661 CLAREYS INC Operating Supplies Records Management 114195 493 COMARK GOVT&EDUCATION SALES Other Hardware Prairie Village Liquor Store 114196 171 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance 114197 1,815 CORPORATE EXPRESS Office Supplies Police 114198 80 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 114199 1,746 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 114200 174 CY'S UNIFORMS Clothing&Uniforms Police 114201 86 DALCO Equipment Repair&Maint Maintenance 114202 325 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary 114203 43 DRISKILLS NEW MARKET Operating Supplies Fire 114204 389 DYNA SYSTEMS Repair&Maint.Supplies Water Treatment Plant 114205 29 EARL F ANDERSEN INC Signs Traffic Signs 114206 69,270 EBERT CONSTRUCTION Building Capital Impr./Maint.Fund 114207 251 ECOLAB INC Building Repair&Maint. Public Works/Parks 114208 1,094 EDEN PRAIRIE CHAMBER OF COMMER Dues&Subscriptions In Service Training 114209 387 EDINA SW PLUMBING Building Repair&Maint. Den Road Liquor Store 114210 51 EGAN OIL COMPANY Lubricants&Additives Fleet Services 114211 80 ELECTION SYSTEMS&SOFTWARE IN Printing Elections 114212 24 ELVIN SAFETY SUPPLY INC Equipment Repair&Maint Fire 114213 791 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 114214 724 ENERGY MANAGEMENT INC Operating Supplies Ice Arena 114215 669 ESS BROTHERS&SONS INC* Repair&Maint.Supplies Storm Drainage 114216 3,273 EXCEL LANDSCAPING INC Other Contracted Services Park Maintenance 114217 780 FACILITY SYSTEMS INC Other Contracted Services Police City Center 114218 172 FERRELLGAS Motor Fuels Ice Arena 114219 17 FIKES HYGIENE SERVICES Operating Supplies Den Road Liquor Store 114220 984 FIRE INSTRUCTORS ASSN OF MN Tuition Reimbursement/School Fire 114221 7 FRANKLIN COVEY CO. Office Supplies General 114222 441 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 114223 54 GENERAL MUSIC INC Other Rentals Octoberfest 114224 273 GILLUND ENTERPRISES Operating Supplies Street Maintenance 114225 82 GREENMAN TECHNOLOGIES OF MN IN Waste Disposal Fleet Services 114226 421 GUNNAR ELECTRIC CO INC Repair&Maint.Supplies Park Maintenance 114227 375 H M CRAGG CO Equipment Repair&Maint Wireless Communication 114228 1,132 HALDEMANN HOMME INC Operating Supplies Assessing 114229 440 HAMILTON,MICHAEL Other Contracted Services Softball 114230 10,055 HANSEN THORP PELLINEN OLSON Design&Engineering Storm Drainage Projects 114231 7,426 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 114232 24 HAYDEN-MURPHY EQUIPMENT COMPAN Equipment Parts Fleet Services 114233 44 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 114234 22 HIRSHFIELD'S Repair&Maint.Supplies Senior Center 114235 917 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 114236 310 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 114237 80 ICI DULUX PAINT CTRS Repair&Maint.Supplies Park Maintenance 114238 152 INDUSTRIAL CONTAINER SERVICES Operating Supplies Police 114239 42 INDUSTRIAL LIGHTING SUPPLY INC Repair&Maint.Supplies Water Treatment Plant 114240 18,474 INGRAM EXCAVATING INC Improvement Contracts Charlson Area Construction 114241 73 J H LARSON ELECTRICAL COMPANY Repair&Maint Supplies Police City Center 114242 354 J P COOKE CO,THE Operating Supplies Animal Control 114243 1,082 JANEX INC Cleaning Supplies General Facilities 114244 143 JEFFERSON FIRE&SAFETY INC Operating Supplies Fire 114245 130,534 JOHN A DALSIN&SON INC Building Capital Impr.I Maint Fund 114246 686 KAESER&BLAIR INC Fire Prevention Supplies Fire 114247 28 KRAEMERS HARDWARE INC Operating Supplies Water Treatment Plant 114248 188 LAKE COUNTRY DOOR Buiding Repair&Maint Public Works/Parks 9 City of Eden Prairie Council Check Register 10/15/2002 Check# Amount Vendor Account Description Business Unit 114249 171 LAND CARE EQUIPMENT COMPANY Equipment Parts Fleet Services 114250 55 LIONS TAP Operating Supplies Fire 114251 3,299 LITTLE FALLS MACHINE INC Equipment Parts Fleet Services 114252 20 LTD COMMODITIES Operating Supplies July 4th Celebration 114253 4,357 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Services 114254 4,603 MACDONALD&MACK ARCHITECTS LT Building Capital Impr./Maint.Fund 114255 8,898 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Fleet Services 114256 1,125 MARTIN-MCALLISTER Employment Support Test Human Resources 114257 15,650 MASYS CORPORATION Software Police 114258 310 MENARDS Building Materials Richard T.Anderson Cons.Area 114259 683 METAL FORMS CORP Repair&Maint.Supplies Storm Drainage 114260 368 METRO EROSION INC Other Contracted Services Charlson Area Construction 114261 263 METROPOLITAN FORD Equipment Repair&Maint Fleet Services 114262 3,639 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 114263 97 MIDWEST ENGINE SERVICE&SUPPL Equipment Parts Fleet Services 114264 64 MINN BLUE DIGITAL Operating Supplies Engineering 114265 111 MINN ST ADMIN ITG TELECOM SERV Software Maintenance Information Technology 114266 147 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 114267 144 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 114268 326 MINNESOTA VALLEY WHOLESALE Landscape Materials/Supp Park Maintenance 114269 31 MINNESOTA WANNER COMPANY Repair&Maint.Supplies Park Maintenance 114270 225 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Services 114271 1,995 MN MAINTENANCE EQUIPMENT INC Capital Under$2,000 Capital Outlay Parks 114272 102 MTI DISTRIBUTING INC Equipment Parts Fleet Services 114273 2,581 MUNICIPAL EMERGENCY SERVICES Protective Clothing Fire 114274 160 MUNZ,ERIC Other Contracted Services Softball 114275 479 NATIONWIDE ADVERTISING SERVICE Employment Advertising Human Resources 114276 1,500 NEUMANN,NEAL Other Contracted Services Softball 114277 386 NFPA Fire Prevention Supplies Fire 114278 83,665 NORTHDALE CONSTRUCTION CO INC Improvement Contracts Charlson Area Construction 114279 688 NORTHWEST BUSINESS SYSTEMS Equipment Repair&Maint Police 114280 47 OLSEN COMPANIES Capital Under$2,000 Fire 114281 139 OS)BATTERIES INC Equipment Parts Fleet Services 114282 1,303 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. Public Works/Parks 114283 61 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 114284 294 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 114285 881 PUBLIC SAFETY EQUIPMENT CO Equipment Parts Fleet Services 114286 1,729 R E FRITZ INC Operating Supplies Fire 114287 129 RADIOSHACK Operating Supplies Police 114288 21 RAINBOW FOODS INC. Operating Supplies Octoberfest 114289 4,246 RELIAKOR SERVICES Other Contracted Services Miller Park 114290 1,666 S&D DOOR REPAIR INC Building Repair&Maint. Senior Center 114291 112 S&S WORLDWIDE Operating Supplies Octoberfest 114292 553 SCHAD TRACY SIGNS Equipment Repair&Maint Prairie Village Liquor Store 114293 87 SHRED-IT Waste Disposal City Center Operations 114294 428,729 SJ LOUIS CONSTRUCTION INC Improvement Contracts Improvement Projects 1996 114295 172 SNAP-ON TOOLS Small Tools Fleet Services 114296 138,726 SOUTHRIDGE CONSTRUCTION Building Park Acquisition&Development 114297 2,206 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council 114298 59,175 SRF CONSULTING GROUP INC Design&Engineering Charlson Area Construction 114299 306 STAN MORGAN &ASSOCIATES INC. Operating Supplies Prairie Village Liquor Store 114300 792 SUBURBAN LIGHTING Other Contracted Services Miller Park 114301 43 SUBURBAN PROPANE Lubricants&Additives Fleet Services 114302 125 SWEDLUNDS Waste Disposal Outdoor Center 114303 390 THYSSENKRUPP ELEVATOR Building Repair&Maint. Maintenance 114304 640 TIMM,KEVIN Other Contracted Services Softball 114305 13,593 TKDA Building Utility Improvement Fund 114306 240 TRI STATE PUMP&CONTROL INC. Building Repair&Maint. Fire Station#1 114307 300 TUFF CUT LANDSCAPE Other Contracted Services Street Maintenance 114308 161 U-HAUL Other Rentals Elections 114309 559 UNIFORMS UNLIMITED Clothing&Uniforms Police 114310 863 UNITED LABORATORIES Cleaning Supplies Water Treatment Plant 114311 5,343 UNITED RENTALS HIGHWAY TECHNOL Contracted Striping Traffic Signs 114312 62 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 114313 143 US FILTERNVATERPRO Repair&Maint Supplies Water System Maintenance 114314 228 VESSCO INC Equipment Parts Water Treatment Plant 114315 324 VOSS LIGHTING Repair&Maint Supplies Maintenance 114316 31 VWR INTERNATIONAL INC Operating Supplies Water Treatment Plant 114317 531 W W GRAINGER Building Repair&Maint Maintenance 114318 878 WALLACE METRO PRINTING Office Supplies Fire 114319 1,019 WATER SPECIALITY OF MN INC Chemicals Pool Maintenance To City of Eden Prairie Council Check Register 10/15/2002 Check# Amount Vendor Account Description Business Unit 114320 106 WATSON CO INC,THE Merchandise for Resale Concessions 114321 621 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 114322 958 WM MUELLER AND SONS INC Landscape Materials/Supp Wyndam Knoll . 114323 76 WOLF CAMERA Operating Supplies General Facilities 114324 65 ZEE MEDICAL SERVICE Operating Supplies Pool Lessons 114325 321 ZEP MANUFACTURING CO Lubricants&Additives Fleet Services 114326 322 ZIEGLER INC Equipment Parts Fleet Services 2,247,678 Grand Total 9 S 3 CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions October 15,2002 DEPARTMENT/ ITEM DESCRIPTION: ITEM NO.: DIVISION: First Reading of an Ordinance Amending City Gene Dietz Code Section 9.71,Relating Maintenance of .A- Engineering Department Vegetation Requested Action • MOTION: Approve the first reading of the Ordinance amending City Code Section 9.71, relating to Maintenance of Vegetation. Synopsis This minor code change is to make the language regarding how we collect special assessments for non payment of"weed cutting"bills conform to our actual practice in conformance with Statutory regulations. Background During the process of revising the City Code to allow maintenance and preservation of native plantings in certain areas on private property,the language on the process of collection unpaid bills was inadvertently changed. The language allowed the certification of delinquent billings by the City Clerk,when in fact the City Council authorizes certification of unpaid bills to Hennepin County after a specific notification and hearing process. Staff has always followed the correct process;this code change merely corrects the language in the City Code. Attachments Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY MINNESOTA ORDINANCE NO. -2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 9 BY AMENDING SECTION 9.71, SUED. 7,RELATING TO MAINTENANCE OF VEGETATION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. The Eden Prairie City Code shall be amended by amending Section 9.71 as follows: SECTION 9.71. MAINTENANCE OF VEGETATION. Subd. 7. A. Notice. Once a failure to comply with the height, set back, maintenance, weed, and annual cutting requirements as required by this Section is identified, notice of such failure shall be given by the City to the affected property owner. The notice shall state, and describe the property affected; allow seven (7) days for the property owner to cause such vegetation to be cut, removed and/or treated for weeds; that if such vegetation is not cut, removed and/or treated for weeds within the stated time the City will cause such vegetation to be cut, removed and/or treated for weeds; that all cost thereof will be billed to the property owner payable within thirty(30) days; and that if payment is not received within thirty(30) days, the costs will be assessed against the property from which such vegetation has been removed pursuant to and in accordance with Minnesota Statutes §429.101 or any similar provision hereafter enacted. The notice shall be served in the same manner as the notice set forth in Section 9.70, Subdivision 6.E. B. Assessment. In all cases in which vegetation is cut, removed and/or treated for weeds or caused to be by the City, the costs, if not paid by the owner as provided herein, shall be assessed against the property from which such vegetation is cut, removed and/or treated for weeds pursuant to and in accordance with Minnesota Statutes Section 429.101 or any similar provision hereafter enacted. Such assessments shall be paid with interest, in installments, and within a period not to exceed one (1)year form the date of assessment. The City will not be responsible for damage to turfgrass and/or any landscaped areas resulting from enforcement of this ordinance. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. C13 Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of October,2002, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,2002. Kathleen Porta,City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on the day of ,2002. CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions October 15,2002 DEPARTMENT/ ram DESCRIPTION: ITEM NO.: DIVISION: First Reading of an Ordinance Amending City Office of City Manager Code Chapter 2.30 and 2.32,Relating to X Organizational Restructuring Requested Action Approve the first reading of the Ordinance amending City Code Chapter 2,relating to . organizational restructuring. • Synopsis The City Code is being amended to reflect the organizational restructuring that began July 1, 2002. Background The proposed changes to City Code Chapter 2 incorporated in the ordinance will cause the City Code to reflect the organizational changes I implemented on July 1, 2002 and on August 29, 2002. The ordinance also formally recognizes the changes in departmental titles and reporting structures. All changes included in the proposed ordinance have been previously announced to the City Council and to City employees. Recommendation I recommend the City Council approve the first reading of the proposed ordinance. Attachments Ordinance 05 CITY OF EDEN PRAIRIE HENNEPIN COUNTY NIINNESOTA ORDINANCE NO. -2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.30 IN ITS ENTIRETY, RELATING TO CITY SERVICE AREAS;AMENDING SECTION 2.32 IN ITS ENTIRETY,RELATING TO ISSUANCE OF CITATIONS; PROVIDING FOR CONFORMING CHANGES THROUGHOUT THE CITY CODE; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. The Eden Prairie City Code shall be amended by amending in its entirety Section 2.30 as follows: SECTION 2.30. CITY DEPARTMENTS. Subd.1. City Manager. The City Manager shall be appointed by the Council and shall serve at the CounciFs pleasure. The Manager shall be the chief administrative officer of the City and all Departments of the City shall be under the overall control of the City Manager. The City Manager shall have the following general duties and responsibilities: A. Plan the organization of City staff and assign appropriate responsibility and authority for the efficient and effective delivery of City services. B. Prepare and administer the annual City budget;develop compensation plans and personnel policies for City staff consistent with good management practices. C. Prepare Council agendas and information for Council meetings with appropriate staff research and recommendations. D. Communicate effectively with council members,City staff,news media,other governmental agencies,and the public. E. The City Manager, with the consent of the Council, shall appoint a City Attorney, who shall serve at the pleasure of the Council. The City Attorney shall perform such duties as are required by law or referred by the Council. F. The City Manager shall appoint a City Clerk. It shall be the duty of the City Clerk to carry out the provisions of State Statute§412.151. Subd. 2. Department of Management&Budget. A Department of Management&Budget is hereby established. The head of this department is the Director of Management&Budget. All matters relating to Finance,Human Resources, Economic Development,Housing and Redevelopment,Information Technology,Customer Service,Facilities,and Liquor shall be the responsibility of this Department. The Director of Management&Budget shall serve as the City Treasurer and carry out the provisions of State Statute §412.141. Snbd.3. Community Development Department.A Community Development Department is hereby established. The head of this Department is the Director of Community Development. All matters relating to Comprehensive Planning, Historical Preservation,Assessing,Inspections and Zoning Administration are the responsibility ofthis department. This department directs and coordinates the City's development review process. This Department shall include the Assessing Division. The manager of the Assessing Division is the City Assessor. All matters of levies and assessments shall be the responsibility of this division. This Department shall include the Building Inspections Division. The head of this division shall be the Manager of Inspections referred to in the State Building Code as the"Building Official" It shall be the duty and power of this position to carry out the provisions of the State Building Code and the provisions of the City Code relating to construction. Subd. 4.Police Department. A Police Department is hereby established. The head of this department is the Police Chief. All matters of law enforcement and civil defense shall be the responsibility of this Department. The Chief of Police shall serve as the Chief Law Enforcement Officer of the City. Subd.5.Fire Department. A Fire Department is hereby established. The head of this department is the Fire Chief. All matters of fire protection and fire inspection"shall be the responsibility of this Department. Subd. 6. Public Works Department. A Public Works Department is hereby established. The head of this Department is the Director of Public Works. All matters relating to engineering,streets,water and sewer are the responsibility of this Department. Subd. 7. Parks and Recreation Department. A Parks and Recreation Department is hereby established. The head of this Department is the Director of Parks and Recreation. All park and recreation facilities,recreation programs and activities,natural resources management,and municipal cemetery shall be the responsibility of this Department. Section 2. The Eden Prairie City Code shall be amended by amending in its entirety Section 2.32 as follows: SECTION 2.32. ISSUANCE OF CITATIONS. The following employees of the City of Eden Prairie,while in the course and scope of the performance of their duties as employees,may issue citations in lieu of arrest or continued detention: Office of City Manager City Manager City Clerk Management Services Director of Management&Budget Facilities Manager Community Development Department Director of Community Development Plan Reviewer Community Planner Manager of Inspections/Building Official Building Inspectors Zoning Administrator Public Safety Department Chief of Police Police Officers Parking Enforcement Officer Reserve Officers Animal Control Officers Fire Chief Fire Marshal Fire Inspector Public Works Department Director of Public Works City Engineer Assistant City Engineer Project Engineer Manager of Street Maintenance Manager of Utility Operations Foreman/Supervisor Engineering Technician Environmental Coordinator Parks and Recreation Department Director of Parks and Recreation Parks and Recreation Manager Park Planner Tree Inspector Park Ranger Foreman/Supervisor Community Center Managers and Coordinators Section 3. The City Clerk shall change each term under the column heading "EXISTING TERM" or a respectively similar term wherever they appear in the Eden Prairie City Code to the term listed under the column heading"NEW TERM"or to a respectively similar term. In the case of the Public Safety Services Area the term shall be changed to Police Department or Fire Department as appropriate. In the case of the Public Safety Services Director the term shall be changed to Chief of Police or Fire Chief as appropriate. EXISTING TERM NEW TERM Public Safety Services Area Police Department(as appropriate) Fire Department(as appropriate) Public Works Services Area Public Works Department Community Development and Community Development Department Financial Services Area Parks and Recreation Services Parks and Recreation Department Area Community Development and Community Development Financial Services Area Management Services Area Management&Budget Department Director of Public Safety Services Chief of Police(as appropriate) Fire Chief(as appropriate) Director of Public Works Services Director of Public Works Director of Community Development Director of Community Development And Financial Services Director of Community Development Director of Community Development And Financial Services Director of Parks and Recreation Director of Parks and Recreation Services Director of Management Services Director of Management&Finance Section 4. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor"are hereby adopted in their entirety,by reference,as though repeated verbatim herein. Section 5. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of October,2002,and finally read and adopted and ordered published at a regular meeting of the City Council of said Council on the of November, 2002. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on the day of ,2002. CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions October 15,2002 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Scott Neal, First Reading of an Ordinance Amending City City Manager Code Chapter 9 by Adding Section 9.42 .C Relating to Smoke-Free Environments Requested Action: Move to: Approve First Reading of an Ordinance Amending City Code Chapter 9 by Adding Section 9.42 Relating to Smoke-Free Environments; and Adopting By Reference City Code Chapter 1 And Section 9.99 Which, Among Other Things, Contain Penalty Provisions. Synopsis: This ordinance has been prepared by the request of the City Council. I believe that it accurately reflects the consensus of the Councilmembers following the October 1, 2002,Workshop. There are three sections of the ordinance that provide the Council with written policy options that the Council must resolve at the October 17,2002, Council Meeting. Background Information: • • 106 1 CITY OF EDEN PRAIRIE 2 HENNEPIN COUNTY, MINNESOTA 3 4 ORDINANCE NO. -2002 5 6 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY 7 CODE CHAPTER 9 BY ADDING SECTION 9.42; AND ADOPTING BY REFERENCE 8 CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, 9 CONTAIN PENALTY PROVISIONS. 10 11 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: 12 13 Section 1. City Code Chapter 9 is amended by adding Section 9.42 as follows: 14 15 Section 9.42. Eden Prairie Smokefree Air Ordinance of 2002. This 16 Section shall be known as the Eden Prairie Smokefree Air Ordinance of 17 2002. 18 19 Subd. 1. General Provisions 20 21 A. Findings and Intent. The Eden Prairie City Council does 22 hereby find that: 23 24 (1) Numerous studies have found that tobacco smoke is a major 25 contributor to indoor air pollution, and that breathing 26 secondhand smoke (also known as environmental tobacco 27 smoke) is a cause of disease in healthy nonsmokers, 28 including heart disease, stroke, respiratory disease, and lung 29 cancer. The U.S. Surgeon General has determined that 30 secondhand smoke is responsible for the early deaths of 31 65,000 Americans annually. 32 33 (2) The Public Health Service's National Toxicology Program 34 has listed secondhand smoke as a known carcinogen (U.S. 35 DHHS, 2000, citing Cal. EPA, 1997). 36 37 (3) Secondhand smoke is particularly hazardous to elderly 38 people, individuals with cardiovascular disease, and 39 individuals with impaired respiratory function, including 40 asthmatics and those with obstructive airway disease. 41 Children exposed to secondhand smoke have an increased /01 42 risk of asthma, respiratory infections, sudden infant death 43 syndrome, developmental abnormalities, and cancer. 44 45 (4) The Americans With Disabilities Act, which requires that 46 disabled persons have access to public places and 47 workplaces, deems impaired respiratory function to be a 48 disability. 49 50 (5) The U.S. Surgeon General has determined that the simple 51 separation of smokers and nonsmokers within the same air 52 space may reduce, but does not eliminate, the exposure of 53 nonsmokers to secondhand smoke. The Environmental 54 Protection Agency has determined that secondhand smoke 55 cannot be reduced to safe levels in businesses by high rates 56 of ventilation. Air cleaners, which are only capable of filtering 57 the particulate matter and odors in smoke, do not eliminate 58 the known toxins in secondhand smoke. 59 60 (6) A significant amount of secondhand smoke exposure occurs 61 in the workplace. Employees who work in smoke-filled 62 businesses suffer a 25-50% higher risk of heart attack and 63 higher rates of death from cardiovascular disease and 64 cancer, as well as increased acute respiratory disease and 65 measurable decrease in lung function. 66 67 (7) Smoke-filled workplaces result in higher worker absenteeism 68 due to respiratory disease, lower productivity, higher 69 cleaning and maintenance costs, increased health insurance 70 rates, and increased liability claims for diseases related to 71 exposure to secondhand smoke. 72 73 (8) Smoking is a potential cause of fires; cigarette and cigar 74 burns and ash stains on merchandise and fixtures causes 75 economic damage to businesses. 76 77 (9) Accordingly, the Eden Prairie City Council finds and declares 78 that the purposes of this ordinance are (1) to protect the 79 public health and welfare by prohibiting smoking in city 80 facilities and parks; and (2) to guarantee the right of 81 nonsmokers to breathe smokefree air, and to recognize that 82 the need to breathe smokefree air shall have priority over the 83 desire to smoke. I �Q) 84 85 B. Definitions. For the purpose of this section, the following terms 86 shall have the meanings: 87 88 OPTIONS 1. "City Facilities" means buildings owned or operated by the 89 City, including owned or operated outdoor areas of the lot or 90 parcel on which the building is situated. 91 92 2. "Parks" means any open or enclosed land and 93 improvements or facility wherever located which is owned, 94 leased or operated by the City and which is reserved, 95 designated or used for a playground, picnic area, garden 96 area, beach, or other recreational or open space area. 97 98 3. "Smoking" means inhaling, exhaling, burning, or carrying any 99 lighted cigar, cigarette, pipe, weed, plant, or other ioo combustible substance in any manner or in any form. 101 102 103 Subd. 2. General Restrictions • 104 105 A. Prohibition of Smoking in Certain Areas. Smoking is 106 prohibited in the following areas: 107 108 OPTION 1. Parks; 109 - 110 ! 2. City Facilities; 111 112 3. Inside motor vehicles owned or operated by the City. 113 114 4. Inside motor vehicles at City Facilities and Parks. 115 116 B. Where Smoking Not Regulated. Notwithstanding any other 117 provision of this Section to the contrary, the following areas shall be 118 exempt from the provisions of this Section: 119 120 OPTION 1. City Facilities, or those portions thereof, that are leased to 121 non-City entities or individuals for a period of longer than 24 122 hours; 123 124 2. In designated outdoor areas of City Facilities; and 125 /03 126 3. City streets, easements, sidewalks,trails (except trails 127 adjacent to or within Parks) and paths. 128 129 C. Posting of Signs 130 131 1. "No Smoking" signs or the international "No Smoking" 132 symbol (consisting of a pictorial representation of a burning 133 cigarette enclosed in a red circle with a red bar across it) 134 shall be clearly and conspicuously posted outside every 135 City Facility and Park. 136 137 2. All ashtrays and other smoking paraphernalia shall be 138 removed from every area where smoking is prohibited 139 under this Section. 140 141 Subd. 3. Enforcement 142 143 A. Complaints. Any citizen who desires to register a complaint 144 under this Section may initiate enforcement with the City Manager 145 or his/her designee. 146 147 B. Violation and Penalty. It shall be a petty misdemeanor for any 148 person to smoke in an area where smoking is prohibited by the 149 provisions of this Section. The fine for violation of this provision 150 shall be $100 plus all surcharges mandated by law. 151 152 C. Other Applicable Laws. This Section shall not be interpreted 153 or construed to permit smoking where it is otherwise restricted by 154 other applicable laws. 155 • 156 D. Severability. If any provision, clause, sentence, or paragraph of 157 this Section or the application thereof to any person or 158 circumstances shall be held invalid, that invalidity shall not affect 159 the other provisions of this Section which can be given effect 160 without the invalid provision or application, and to this end the 161 provisions of this Section are declared to be severable. 162 163 Section 2. City Code Chapter 1 entitled "General Provisions and Definitions 164 Applicable to the Entire City Code Including Penalty for Violation" 165 and Section 9.99 entitled "Violation a Misdemeanor" are hereby 166 adopted in their entirety, by reference, as though repeated verbatim 167 herein. lOL/ 168 169 Section 3. This Ordinance shall become effective after its passage and 170 publication on January 1, 2003. 171 172 173 FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 174 day of , 2002, and finally read and adopted and ordered published 175 at a regular meeting of the City Council of said City on the day of , 176 2002. 177 178 179 180 181 City Clerk Mayor 182 • 183 184 PUBLISHED in the Eden Prairie News on the day of , 2002. 185 186 187 ep\smoking ban\Smoke Free Ordinance.100802 188 189 190 191 192 193 I JO5 CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions October 15,2002 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Scott Neal, Resolution Supporting,Advocating and Urging City Manager the Minnesota State Legislature to Enact a - X -p Statewide Smoke-Free Law Prohibiting /� Smoking in Places of Employment and Restaurants Requested Action: Move to: Adopt the Resolution supporting, advocating and urging the Minnesota State Legislature to enact a statewide smoke-free law prohibiting smoking in places of employment and restaurants. Synopsis: The resolution has been prepared at the request for the City Council following the October 1,2002 workshop. The resolution expresses the Council's support for the State legislature to take up the issue of enacting statewide legislation regarding smoking bans in public places. The City Manager recommends approval of the resolution. Attachment: Resolution /o CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 02- RESOLUTION SUPPORTING,ADVOCATING AND URGING TB1I+' NIINNEOSTA STATE LEGISLATURE TO ENACT A STATE WIDE SMOKE FREE LAW PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND RESTAURANTS BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the "City"), as follows: WHEREAS The Eden Prairie City Council does hereby find that: (1) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke)is a cause of disease in healthy nonsmokers, including heart disease, stroke,respiratory disease, and lung cancer. The U.S. Surgeon General has determined that secondhand smoke is responsible for the early deaths of 65,000 Americans annually. (2) The Public Health Service's National Toxicology Program has listed secondhand smoke as a known carcinogen(U.S. DHHS,2000, citing Cal. EPA, 1997). (3) Secondhand smoke is particularly hazardous to elderly people,individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Children exposed to secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities, and cancer. (4) The Americans With Disabilities Act,which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability. (5) The U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same air space may reduce,but does not eliminate,the exposure of nonsmokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners,which are only capable of filtering the particulate matter and odors in smoke, do not eliminate the known toxins in secondhand smoke. 107- (6) A significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25- 50%higher risk of heart attack and higher rates of death from cardiovascular disease and cancer,as well as increased acute respiratory disease and measurable decrease in lung function. (7) Smoke-filled workplaces result in higher worker absenteeism due to respiratory disease,lower productivity,higher cleaning and maintenance costs,increased health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke. (8) Smoking is a potential cause of fires;cigarette and cigar bums and ash stains on merchandise and fixtures causes economic damage to businesses. WHEREAS, Eden Prairie residents and business community are concerned that the enactment of a local ordinance prohibiting smoking in places of employment and restaurants will have a negative effect on the community's businesses because businesses in adjacent communities will not be subject to the same regulation; WHEREAS, the Eden Prairie City Council has heard from many residents and businesses that a state wide smoke free law is more appropriate than a local ordinance so as to not place at a disadvantage the businesses of this or any other individual community; and WHEREAS the City deems it prudent,reasonable and necessary to support, advocate and urge the passage of state wide legislation(1)to protect the public health and welfare by prohibiting smoking in public places and places of employment; and(2)to guarantee the right of nonsmokers to breathe smoke free air,and to recognize that the need to breathe smoke free air shall have priority over the desire to smoke. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF EDEN PRAIRIE, MINNESOTA THAT: The City Council hereby supports,advocates and urges the Minnesota State Legislature to enact during the 2003 Legislative Session a law establishing all Minnesota places of employment and restaurants as smoke free. Passed by the City Council this day of October,2002. Nancy Tyra-Lukens,Mayor lQ7 Attest Kitty Porta,City Clerk /07 CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions October 15,2002 DEPARTMENT/DIVISION: ITEM NO.: ITEM DESCRIPTION: Office of City Manager Southwest Rail Transit Study Resolution ,E Requested Action Adopt Resolution relating to the'Southwest Rail Transit Study. Synopsis The resolution was prepared in response to a proclamation submitted to the City Council on September 30,2002 by a group of local citizens known as "Trails Without Rails". The group desires Coucil advocacy on their behalf with the Hennepin County Regional Rail Authority (HCRRA)while the HCRRA is conducting the Southwest Rail Transit Study. The resolution was prepared in consultation with City staff, Southwest Metro Transit, and representatives of the Trails Without Rails group. The resolution was also prepared with past public comments by Councilmembers in mind. I have shared the resolution with staff at HCRRA. The resolution formally communicates the current preferences of the City Council to the HCRRA regarding the Southwest Rail Transit Study. The study is slated to be completed in March/April 2003. The intent of the resolution is to provide the HCRRA a clear set of preferences and expectations of Eden Prairie will be looking for at the conclusion of the study. Attachments Resolution I/D CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- RESOLUTION RELATING TO THE SOUTHWEST RAIL TRANSIT STUDY WHEREAS, The City of Eden Prairie is a fast growing suburb of Minneapolis whose residents want to balance transit issues with an ability to preserve the beauty and environmental value of the land which surrounds us; and WHEREAS, while we recognize the short-term and long-term transit needs of our community, we believe that all transit and roadway solutions need to be considered in a broad context of financial, social and environmental impacts; and WHEREAS, the City of Eden Prairie has already taken measures to participate in roadway solutions that impact the community and are looking at additional investments that may improve the existing roadway system; and WHEREAS, the City of Eden Prairie has developed, consistent with the Met Council's wishes, a sophisticated, yet financially feasible, bus system that serves the transit needs of its community effectively. This bus system provides very reliable, cost effective commuter service to Eden Prairie residents working in downtown Minneapolis and is in the process of expanding; and WHEREAS,more than one-third of all workers in Eden Prairie work within the"Golden Triangle," the Southwest Metro Station is in very close proximity and along one of the arteries that border it(Highways 212/5); and WHEREAS, the Southwest Corridor (trail) is used by more than 250,000 residents per year for recreational purposes and serves as a natural and beautiful amenity to the City and surrounding communities; and WHEREAS, the Southwest Corridor, as it passes through Eden Prairie, runs primarily through residential and conservation areas and not along land masses occupied by businesses or other commercial enterprises; and WHEREAS, the study currently being conducted by the Hennepin County Commissioners is attempting to establish the alignment of an LRT along the Southwest Corridor because it owns the railway easements; and WHEREAS, the City Council has had the opportunity to study the proposed alignments, receive input from its professional staff, and consult with its citizens, has been asked by Hennepin County to comment on the Southwest Rail Transit Study. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. The City Council prefers an alignment,such as the alignment known as option W8,that best serves the employee transportation needs of the Eden Prairie business community, with an emphasis on the employee transportation needs of those employers in the Golden Triangle area i r; 2. The City Council prefers an alignment that strengthens the mission of the community's current transit provider of choice,Southwest Metro Transit,by terminating the alignment into a multi-modal transit node at the Southwest Metro Station. 3. The financial feasibility analysis of the proposed alignments included the Southwest Rail Transit Study should include estimates of the expenditure of funds by all city, county, state, and federal levels of government, and by regulated public utilities,that will be required to complete road and utility improvement and relocation projects which are required for the construction of the project. 4. The financial feasibility analysis of the proposed alignments should include an analysis of the automobile traffic displaced from the regional transportation system within the SW LRT Corridor area that is directly attributable to that proposed alignment. The Southwest Rail Transit study should clearly articulate its basic assumptions and methodologies for its ridership projections for each alignment. 5. The study should clearly articulate the projected construction costs, annual operating costs, and annual capital costs for the project. The study should clearly identify the assumptions and methodologies employed to create the construction cost estimates of the alignment and its future operating and capital replacement cost projections. 6. The City Council prefers an alignment option that complements and coordinates with the transit services offered by Southwest Metro Transit. The City Council will be reluctant to support alignments that may undermine the current or future operations of South West Metro Transit. 7. The City Council prefers the preservation of the existing recreational use of the SW LRT Trail. Should the final alignment of the Southwest Rail Transit Study result in an alignment other than the SW LRT Corridor, City of Eden Prairie will agree to accept the ownership and maintenance responsibilities of the SW LRT Corridor through our community and to preserve its current recreational use. ADOPTED by the Eden Prairie City Council on October 15,2002. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Appointments October 15, 2002 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Scott Neal, Student Representatives to Boards and City Manager Commissions ' Requested Action: • Move to: Appoint Lauren Astry, Chris Shea, and David Westphal as Student Representatives to the Parks, Recreation and Natural Resources Commission to terms beginning November 2002 through May 2003 • Move to: Appoint Morgan Hollister, Kian Missaghi, and Kaitlin Moss as Student Representatives to the Human Rights and Diversity Commission to terms beginning November 2002 through May 2003 • Move to: Appoint John Buteyn, Mackenzie Epping, and Ross Viland as Student Representatives to the Heritage Preservation Commission to terms beginning November 2002 through May 2003 • Move to: Appoint Andrea Deanovic, Meghan Dunning, Andrew Krause as Student Representatives to the Arts and Culture Commission to terms beginning November 2002 through May 2003 Synopsis: Over the past several years, the City Manager and Director of Management Services reviewed student applications to Boards and Commissions and recommended appointments based on students' stated preferences and grade level. This year, the selection process was modified. The City Manager held a meeting with the staff liaisons to the Boards and Commissions to review and discuss the applications. Recommendations were then made based on the students' stated preferences and the quality of their application. Twenty-two applications were received by the deadline at 4:30 p.m. on Friday, October 4. Three students are being recommended for each Board or Commission, for a total of 12 student appointments. Also for the first time this year a special orientation session will be held for the student representatives before they begin serving on their Board or Commission. The orientation will include general information on the City Council as well as Board and Commission structure and function. Background Information: In 1992,the City Council initiated a program to provide student residents in Eden Prairie with the opportunity to serve on City Commissions as non-voting members.The program has grown and changed over time to reflect modifications made to the City's Boards and Commissions. 10 S CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions October 15, 2002 ITEM DESCRIPTION: HEM NO.: SERVICE AREA/DIVISION: Second Reading of an Ordinance amending City Office of City Manager Code Section 2.05, Subd. 3,relating to Mayor and Councilmember Salaries Requested Action: Move to: Approve Second Reading of an Ordinance amending City Code Section 2.05, Subd. 3, relating to Mayor and Councilmember salaries; and adopting by reference City Code Chapter 1 and Section 11.99 which, among other things, contain penalty provisions. Synopsis: The first reading of the Ordinance was approved at the October 1, 2002, meeting. The proposed ordinance codifies the City expenditure process changes incorporated in the resolution adopted by the Council at the October 1, 2002 meeting. The ordinance is necessary because the resolution may be considered an increase in compensation to City Councilmembers, although the contents of this resolution represent no actual change to the benefits received by Eden Prairie elected officials. The resolution was adopted by the Council at the recommendation of the City Attorney to conform our current practices to recently announced findings from the Office of the State Auditor's investigation of the City of Brooklyn Park. State law requires that changes to the compensation of City Councilmembers must be adopted prior to an election and implemented after an election. The ordinance will be effective January 1, 2003. This timeline will satisfy state statutes on this matter. Attachments: Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.27-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 2.05, SUBD 3, RELATING TO MAYOR AND COUNCILMEMBER SALARIES; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS • THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. City Code Section 2.05, Subd. 3 is amended by adding subsection D as follows: D. The Mayor and each Council Member may attend and participate in the benefits (including food and refreshments) of the following activities which shall be deemed to constitute compensation for the Mayor and Council Members: an annual recognition dinner for Commission members; employee events including employee picnic, and Thanksgiving and Christmas luncheons; other Employee and Commission recognition events; public open houses; food and refreshments provided in conjunction with periodic business meetings with the City Manager; and food and refreshments provided immediately before or in conjunction with meetings of the Council. The benefits provided in this subsection shall become effective January 1, 2003. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 4.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of October, 2002, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 15th day of October, 2002. Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on the day of ,2002.