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City Council - 05/06/2003
AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,MAY 6,2003 CITY CENTER 5:00- 6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sheny Butcher,Ron Case, and Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Police Chief Dan Carlson,Fire Chief George Esbensen,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 f II. APPROVAL OF AGENDA III. DISCUSSION TOPICS A. Closed Session to Perform the City Manager's Performance Review Police Parking Lot IV. DEDICATION OF NEW FIRE TRUCK(6:30-6:40 p.m.) Council Chamber V. OPEN FORUM (Scheduled participants, 6:40-6:50 p.m.) Use of Motorized Scooters on City Trails—Dale Preston VI. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.) VII. ADJOURNMENT POLICE e�J�n MEMORANDUM prairim TO: Mayor and Council Members FROM: Chief Dan Carlson DATE: April 30,2003 SUBJECT: Motorized Scooters on City Trails An Eden Prairie resident,Dale Preston,is scheduled to address the Council at the May 6,2003 City Council Forum. He wants to discuss the City ordinance prohibiting motor vehicles on City trails and paths. Mr. Preston came to the Police Department to request a peddler's permit to go door to door selling motorized scooters. At that time he was informed that there is a city ordinance prohibiting motor vehicles(including motorized scooters)from use on City trails and paths. He then requested information on how to change the ordinance. I have discussed this issue with Director of Parks and Recreation,Bob Lambert. We both strongly oppose allowing any motorized vehicles on City trails and paths. Our primary issue is a concern for public safety. Mixing motorized vehicles with the present pedestrian and bike traffic on the trails would significantly impact safety on the trails. Approval of limited motor vehicle use on the trails would open the..door for several other issues such as motor size and type limitations, licensing requirements,training issues,age issues, enforcement etc. This would significantly change the character of current trail use. If you want further information or have any questions,feel free to contact me or Bob Lambert. AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,MAY 6,2003 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,Jan Mosman, and Philip Young 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. COUNCIL FORUM INVITATION IV. PROCLAMATION OF SENIOR AWARENESS WEEK(p. 1) V. PRESENTATION OF HUMAN RIGHTS AWARD AND YOUTH SCHOLARSHIP AWARDS (p. 2) VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VII. MINUTES A. COUNCIL WORKSHOP HELD APRIL 15,2003 (p. 6) B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 15,2003 (p. 10) VIII. CONSENT CALENDAR A. CLERKS LICENSE LIST (p. 21) B. THE ENCLAVE 2ND ADDITION by Halley's Custom Homes,Inc. 2nd Reading for Zoning District Change from Rural to RM-6.5 on 4.73 acres, and Site Plan Review on 4.73 acres. Location: Southeast corner of Braxton Drive and Pioneer Trail. (Ordinance Zoning District Change and Resolution for Site Plan Review) (p. 22) C. ADOPT RESOLUTION APPROVING FINAL PLAT OF MEYER ESTATES (p. 42) D. ADOPT RESOLUTION APPROVING FINAL PLAT OF THE ENCLAVE 2ND ADDITION(p. 45) E. ISSUE GRADING PERMIT TO KYLE HUNT&PARTNERS,INC.,FOR 10003 DELL ROAD (p. 48) CITY COUNCIL AGENDA May 6,2003 Page 2 F. ADOPT RESOLUTION AWARDING CONTRACT FOR CSAH 1 (PIONEER TRAIL) LANDSCAPE PROJECT TO VP ENTERPRISES OF MINNESOTA, I.C. 94-5369 (p. 50) G. ADOPT RESOLUTION AWARDING CONTRACT OF SOUTHWEST STATION TRAFFIC SIGNAL IMPROVEMENTS TO KILLMER ELECTRICAL COMPANY,INC.,I.C. 03-5590 (p. 53) H. ADOPT RESOLUTION DECLARING COSTS TO BE ASSESSED, ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING PUBLIC HEARING DATE ON MAY 20, 2003, FOR HILLCREST/ALPINE NEIGHBORHOOD STREET AND STORM SEWER IMPROVEMENTS,I.C. 98-5471 (p. 56) I. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR CHARLSON AREA IMPROVEMENTS—PHASE IV,I.C. 02-5566 (p. 63) J. APPROVE JOINT PROJECT WITH RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT FOR PURGATORY CREEK TRAIL PROJECT (p. 65) K. AWARD CONTRACT FOR CITY'S BRANDING THEME AND MARKETING PLAN DEVELOPMENT TO CREATIVE MARKETING CONSULTING (p. 68) L. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.03 RELATING TO OUTDOOR STORAGE & DISPLAYS, SALES OF PRODUCE (p. 71) M. AWARD EMPLOYEE DENTAL INSURANCE COVERAGE TO DELTA DENTAL (p. 73) N. AWARD EMPLOYEE LIFE INSURANCE COVERAGE TO STANDARD INSURANCE COMPANY (p. 76) IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF DRAINAGE AND UTILITY EASEMENT OVER PART OF LOT 32,BLOCK 1,HENNEPIN VILLAGE,VACATION 03-05 (Resolution) (p. 78) B. THE COVE 2ND ADDITION by Rick Lamettry. Request for Planned Unit Development Concept Review on 3.2 acres, Planned Unit Development District Review within the R1-22 zoning district on 3.2 acres, and Preliminary Plat of 3.2 acres into 3 lots. Location: 6861 and 6871Beach Road. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment, Resolution for Preliminary Plat) (p. 81) CITY COUNCIL AGENDA May 6,2003 Page 3 C. INGRAM PROPERTY by Todd Ingram. Request for Planned Unit Development Concept Review on 5.19 acres,Planned Unit Development District Review with waivers on 5.19 acres,Zoning District Change from Rural to R1-13.5 on 5.19 acres, and Preliminary Plat of 5.19 acres into 10 lots and road right-of-way. Location: 9500 Stable Path. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change,Resolution for Preliminary Plat) (p. 87) D. WEDDING DAY JEWELERS by Marquis Jewelers. Request for Planned Unit Development Concept Amendment on 0.68 acres,Planned Unit Development District Review on 0.68 acres,Zoning District Amendment within the Commercial-Regional- Service Zoning District on 0.68 acres, and Site Plan Review on 0.68 acres. Location: 8320 Crystal View Road. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) (p. 99) E. LIFETOUCH by Lifetouch. Request for Planned Unit Development Concept Review on 16.22 acres,Planned Unit Development District Review on 16.22 acres, Zoning District Change From Commercial Regional to Office on 3.539 acres, Site Plan Review on 16.22 acres, Preliminary Plat of 16.22 acres into 1 lot and one outlot. Location: Viking Drive. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change,Resolution for Preliminary Plat) (p. 107) X. PAYMENT OF CLAIMS (p. 130) XL ORDINANCES AND RESOLUTIONS A. FIRST READING OF A FRANCHISE ORDINANCE FOR CENTER POINT ENERGY MINNEGASCO (p. 141) XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS& COMMISSIONS XIV. APPOINTMENTS XV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Appointment of Clean Air Task Force Members (p. 149) 2. Report on the City Manager's Performance Review B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL AGENDA May 6,2003 Page 4 E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT A . UNNAPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,APRIL 15, 2003 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, and Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Police Chief Dan Carlson, Fire Chief George Esbensen,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 II. APPROVAL OF AGENDA III. DISCUSSION TOPICS A. Proposed Strategic Plan City Manager Neal reviewed the Vision and Mission Statements from the revised draft(April 11, 2003) of the Eden Prairie Strategic Plan. Council approved both statements without changes. Under Key Objectives,Neal offered several alternatives. The original draft read, "The City will manage its resources responsibly and conservatively." The alternatives were: • 4a. "The City will manage is resources responsibly and conservatively." • 4b. "The City will manage its resources in a manner that is stable, sustainable, and fiscally conservative." • 4c. "The City will manage its resources responsibly." Butcher said the term"fiscally conservative" might be misconstrued. Case said he liked"responsibly"best of all of the alternatives. Young said that since everyone says they are"fiscally responsible,"it is anempty term. Tyra-Lukens suggested changing 4b slightly to read, " . . . stable, sustainable, and fiscally responsible." Neal offered two alternatives to Key Objective 5,which originally read, "The City will strengthen the abilities of its elected and appointed leaders to serve the residents of the community according to the principles of representative democracy." The alternatives were: • 5a. "The City will provide processes and procedures to insure its leaders are able to serve the community according to the principles of representative democracy." • 5b. "The City's leaders will govern the community according to the principles of representative democracy." Case said option 5b sounds a little like a slap on the hand, as if it is something the Council does not already do. Butcher said she likes option 5b. Mayor Tyra- Lukens asked if Neal could provide the list of principles of representative democracy from which he crafted this objective. Neal said he would do so. Neal said Council would discuss the Core Beliefs section of the document at a later date. B. Guidelines for Open Forum In response to the Mayor's request and based on recent comments by some Open Forum participants indicating confusion about the guidelines,Neal said he drafted a new proposed statement of purpose and procedures for Open Forum-Open Podium. He asked for Council input on the draft statement. Current Council Forum Invitation "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 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. 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." Proposed Open Forum-Open Podium Invitation "he City Council provides an Open Forum opportunity for Eden Prairie citizens to address the Council on civic issues related to Eden Prairie city government on the first and third Tuesday of each month from 6:30-6:50 p.m. in the Council Chambers immediately prior to the start of the City Council's regularly scheduled meetings. Open Forum is reserved for scheduled participants. If you wish to speak to the Council during Open Forum,please contact Ms. Lorene McWaters in the City Manager's office by calling 952.949.8412 by noon of the meeting date with your name and the subject matter you wish to address. The Council also provides an impromptu,unscheduled Open Podium opportunity for citizens to address the Council concerning civic issues related to Eden Prairie city government from 6:50 to 7:00 p.m. immediately following Open Forum. Open Forum and Open Podium are not recorded or televised. The City Council reserves the right to adjust the time allocations for Open Forum and Open Podium. If you have questions about the process or procedures of Open Forum or Open Podium,please contact the City Manager's office." Tyra-Lukens said she liked the content of the redrafted guidelines,but feels it is a bit long to read at the beginning of every meeting. Neal said staff would make sure the text is posted on the City's web site and it will also be on the TV screen immediately before the meeting is broadcast. Young said that the word"civic" seems redundant and could possibly cause confusion. It was agreed that the word "civic"would be deleted in both places where it appears in the draft. Case said it is important to remember that the Open Forum-Open Podium is an evolving process that has undergone several revisions over the past four years. C. Clean Air Task Force Neal distributed a list of individuals who applied for the Clean Indoor Air Task Force. He suggested that Councilmembers let him know the names of the individuals they intend to appoint in advance of the May 6 meeting so staff can have the necessary information ready. Neal also pointed out that Council is not limited to the choosing from among those who completed applications. Butcher expressed concern about the fact that some of the applicants appear to have clear agendas and might not approach the task force assignment with open minds. Tyra-Lukens asked the Councilmembers to voice any particular concerns to her prior to May 6 meeting. Case said he has already decided to appoint Fred Seymour, one of the individuals who completed an application during the open process. Butcher said she would ask Leslie Ellis if he is interested in serving. Mosman said she had approached Ellis about the possibility of serving, and he indicated he is too busy to take this on at this time. Mosman said she would like to see someone from the School District on the task force. Young said he was not familiar with most of the individuals who had applied, but that he would like to avoid appointing anyone who is"an advocate to the nth degree,"to avoid the perception of"stacking"the task force. Mosman said some people indicated they did not apply for the task force because they didn't feel it could really accomplish anything. Tyra-Lukens asked if Neal had considered staffing for the task force. Neal said Molly Koivumaki,manager of Housing and Human Services,has agreed to serve as the staff liaison. He said he had also contacted a facilitator,Kent Ecklund of Cincinnatus, about the possibility of being involved. He said he had worked with Ecklund on a task force in Northfield with very good results. 0 IV. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) No one spoke during this portion of the meeting. VI. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.) No one requested to speak. VII. ADJOURNMENT • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,APRIL 15, 2003 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, Jan Mosman, and Philip Young 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. COUNCIL FORUM INVITATION Mayor Tyra-Lukens said the Council Forum will be 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 off-camera. The Council Forum will consist of two parts: scheduled and unscheduled appearances. 6:30 to 6:50 p.m.is reserved for scheduled participants. If you wish to schedule time to visit with the City Council and Service Area Directors,please notify the City Manager's office(at 952-949-8412)by noon of the meeting date with your request. The last 10 minutes of the Forum, from 6:50 to 7:00 p.m. is set aside for impromptu,unscheduled appearances by individuals or organizations that wish to speak the Council. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS City Manager Scott Neal noted there are non-material changes to Items VI.E.,VI.K, VII.A. and VII.C. City Attorney Ric Rosow requested Item VII.E.,public hearing for special assessments on Hillcrest/Alpine neighborhood,be heard prior to Item VII.A. MOTION: Butcher moved, seconded by Case, to approve the agenda as published and amended. Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD APRIL 1, 2003 MOTION: Mosman moved, seconded by Case,to approve as published the minutes of the Council Workshop held April 1, 2003. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 1,2003 Mosman noted a change on Page 5, last paragraph,where 10-foot setback should• be changed to 100-foot setback. 10 CITY COUNCIL MINUTES April 15,2003 Page 2 MOTION: Case moved, seconded by Butcher,to approve as published and amended the minutes of the City Council Meeting held April 1,2003. Motion carried 5-0. VI. CONSENT CALENDAR A. CLERKS LICENSE LIST B. LAKE POINT by Taurus Properties, Inc. 2nd Reading for Planned Unit Development District Review with waivers on 10 acres, Zoning District Change from Rural to R1-13.5 on 10 acres. Location: Southeast corner of Mitchell Road and Cumberland Road. (Ordinance No. 7-2003-3-2003 for PUD District Review and Zoning District Change) C. ADOPT RESOLUTION NO. 2003-60 APPROVING FINAL PLAT OF LAKE POINT D. APPROVE PHASE II NPDES STORM WATER PERMIT APPLICATION AND POLLUTION PREVENTION PLAN E. APPROVE LIMITED USE PERMIT AGREEMENT WITH MNDOT FOR A NEW TRAIL WITHIN TH 212 RIGHT-OF-WAY ADJACENT TO EDEN WOODS SENIOR CAMPUS (RESOLUTION NO. 2003-61 ) F. DECLARE VEHICLES SCHEDULED FOR REPLACEMENT IN 2003 TO BE SURPLUS PROPERTY G. ACCEPT DONATION OF LAND ALONG RILEY CREEK FROM RAY N. WELTER,JR. H. AWARD CONTRACT FOR 2003 STREET CRACKSEALING TO PRECISION SEALCOAT,INC. I. AWARD CONTRACT FOR 2003 STRIPING TO AAA STRIPING J. ADOPT RESOLUTION NO. 2003-62 APPROVING PLANS AND SPECIFICATIONS FOR TH 212/VALLEY VIEW ROAD INTERCHANGE IMPROVEMENTS, I.C. 01-5543 K. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR SETTLERS RIDGE 5TH ADDITION MOTION: Young moved, seconded by Mosman,to approve Items A-K of the Consent Calendar. Motion carried 5-0. Tyra-Lukens said she wanted to acknowledge the civic spirit of Ray Walter, Jr. who donated a portion of land that is critical to entry into the City's trail system and preservation of the creek valley area. 11 CITY COUNCIL MINUTES April 15,2003 Page 3 VIE. PUBLIC HEARINGS /MEETINGS D. SPECIAL ASSESSMENT HEARING FOR THE HILLCREST/ALPINE NEIGHBORHOOD,I.C. 98-5471 (Resolution) Rosow said he asked Staff to provide him with a copy of the notice that was published in the newspaper and sent to homeowners on this issue. He said the notice was compared to State Statute requirements and the notice did not contain an element required by the Statute. He said the notice must state in clear language six items, one of which is "adoption by the council of the proposed assessment may be taken at the hearing." Rosow said that particular element is not stated in clear language in the notice of hearing for the proposed assessment. Rosow said if proper notice is not given, then Council cannot effectively take action on the assessment, so he recommends a public hearing not be conducted because in his opinion, any action taken as a result of this notice would not be effective. Rosow said objections to the assessment will be publicly acknowledged this evening and will be effective for this special assessment process. He said he recommends new notices be sent out with the correct language and a public hearing rescheduled based on that notice. Written objections from the following residents were presented to Mayor Tyra- Lukens and read aloud by Public Works Director Eugene Dietz: Don and Laura Isensee; Laurence and Jolene Smith;B.Uhlig; Joel and Mary Sternke; Rodney Christopher; Joseph and Christine Lupo; Thomas and Kelliann Lundin; Glenn and Linda Hayen;Norbert and Patricia Gernes (for two properties); Laurence and Jenny Nicpon; Todd and Cindy Smith; Gary and LuAnn Rieder;Ralph and June Hoffmann; Robert Johnson; Douglas and Nancy Lawyer; Wallace and Elaine MacDonald; Patricia Martin; Marvin and Teresa Miller; Clark and Dorothy Ewert;Daniela and Catalin Petrescu; Glen and Sue Stoever; Tom and Judy Atkinson;Paul and Mary Walentiny; Dennis and Judith Peterson(requested their names be retracted). Tyra-Lukens extended apologies to those who attended tonight's meeting for the purpose of this public hearing. She said the issue will be heard at the second meeting in May and asked those who are unable to attend that meeting to please contact Councilmembers or Staff. Rosow suggested Council adopt a motion to direct Staff to send out a new corrected notice scheduling a new public hearing on these assessments. He said property owners will have until that hearing and at that hearing to continue to file objections. MOTION: Case moved, seconded by Mosman, to republish and mail proper notices to the residents affected by the Hillcrest/Alpine special assessments and ask Staff, in that notice,to set date and time for the public hearing on the special assessments. Motion carried 5-0. ► a CITY COUNCIL MINUTES April 15,2003 Page 4 A. LORENCE 3rd ADDITION by Jon and Katie Thoma. Request for a Comprehensive Guide Plan Change from Park/Open Space to Low Density Residential on.05 acres, Comprehensive Guide Plan Change from Low Density Residential to Park/Open Space on .05 acres, Zoning District Change from R1- 13.5 to Public on.05 acres,Zoning District Change from Public to R1-13.5 on.05 acres, and Preliminary Plat of 0.93 acres into 2 lots. Location: 17195 Valley View Road. (Resolution No. 2003-63 for Comprehensive Guide Plan Change, Ordinance for Zoning District Change and Resolution No. 2003-64 for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the April 3, 2003,Eden Prairie Sun Current and sent to 53 property owners. He said this is for the replatting of one existing single-family lot to create a second single-family lot and one outlot. The Community Planning Board voted 5-0 to recommend approval of the project at its March 24, 2003 meeting. The City Council unanimously approved a similar proposal for the property in 1991. However, the owner of the property at that time later withdrew the project. Neal said both lots meet City Code for size and dimensions. All housing units meet the setback requirements of the R1-13.5 zoning district. The existing access to the site is on City property along Valley View Road. For that reason, a land swap of 2,143 square feet is proposed to take place with the City, allowing access on its own property. Outlot A,which is contiguous to Round Lake Park,will be dedicated to the City and utilized as park/open space. City Planner Michael Franzen added that the comprehensive guide plan change is only for approximately 2000 square feet,which is the land being given back to the City, so there is no loss of park land in the area. Also,he said there is a minor change in the resolution for the comprehensive guide plan amendment in that extra language was added to the third"whereas" to simplify the request. He said staff recommends approval. There were no comments from the public. MOTION: Case moved to close the Public Hearing; and adopt the Resolution for Comprehensive Guide Plan from Park/Open Space to Low Density Residential on .05 acres, from Low Density Residential to Park/Open Space on .05 acres; and approve 1st Reading of the Ordinance for Zoning District Change from Public to R1-13.5, from R1-13.5 to Public on .05 acres; and adopt the Resolution for Preliminary Plat of 0.93 acres into 2 lots and 1 outlot; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Seconded by Butcher, motion carried 5-0. B. CITY CENTER PARKING EXPANSION by City of Eden Prairie. Request for Planned Unit Development Concept Amendment on 30 acres,Planned Unit Development District Review with waivers on 30 acres, Zoning District Amendment within the I-5 Zoning District on 30 acres, and Site Plan Review on 30 acres. Location: 8080 Mitchell Road. (Resolution No. 2003-65 for PUD '13 CITY COUNCIL MINUTES April 15,2003 Page 5 Concept Amendment, and Ordinance for PUD District Review and Zoning District Amendment) City Manager Scott Neal stated official notice of this public hearing was published in the April 3,2003,Eden Prairie Sun Current. He said this is for a parking lot expansion at the Eden Prairie City Center and to modify the existing access to Scenic Heights Road to create a second access to the parking lot. This project is for 1st and 2nd readings. Second reading of the ordinance is located in the Ordinance and Resolution section of the agenda. The Community Planning Board voted 5-0 to recommended approval of the project to the City Council at the March 24,2003 meeting. The plan shows construction of 49 new parking spaces and a second access to the parking lot from Scenic Heights Road. Neal said a waiver is required to allow a driveway width of 40 feet. The code maximum is 30 feet. The additional width is needed since the driveway is shared with the fire station. The awarding of bid will take place on May 20, 2003. The project will begin on June 16th and be completed August 15th. Total cost for the project is approximately$200,000. Case asked if safety precautions had been taken regarding traffic in and out of the driveway. Dietz said there has been much discussion with Fire Department staff and the advantages of having the secondary entrance outweigh the conflict. Tyra-Lukens asked if cut-through traffic in the parking lot due to drivers avoiding the light at Scenic Heights and Mitchell Road would create a hazard. Dietz said 90 percent of the traffic using it will be internal traffic from the City Center, and having the secondary access will take pressure off signalized intersections. There was no public comment. MOTION: Butcher moved, seconded by Mosman, to close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Amendment on 30 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers within the I-5 Zoning District on 30 • acres. Motion carried 5-0. C. CODE AMENDMENT RELATED TO OUTDOOR STORAGE & DISPLAYS, SALES OF PRODUCE * City Manager Scott Neal said this is the first reading of an Ordinance amending City Code Section 11.03. He said official notice of this public hearing was published in the April 3,2003,Eden Prairie Sun Current. Neal said the ordinance would exempt farmers from the 60 day time period for outdoor storage and display. The ordinance would be consistent with State Statute. The Rural Zoning District does not have a time limit related to outdoor sales of farm produce. The Commercial Zoning District has a 60 day time limit on the temporary outdoor sales of materials, supplies, and merchandise. The code on Outdoor Sales and Display also regulates the amount of area used for outdoor sales, setbacks from property lines, limits the impact on parking spaces, and provides for safe vehicle circulation. CITY COUNCIL MINUTES April 15,2003 Page 6 Neal said Minnesota State Statute 329.14 regulates the licensing requirements for transient merchants and exempts persons selling products of the farm or garden. This statute is a mechanism facilitating the sale of farm produce. This State Statute excepting fanners prompted the discussion to change City Code to remove the 60 day limitation.He said this change was motivated by some farmers from last year. Case asked if the State Statute covered a farmer renting or leasing a corner piece of property to sell produce.Neal and Rosow said yes,that is their understanding. Case asked if the Marshall Farm Market fits under this as an owner occupied and cultivated land. Franzen noted the location of the ordinance change had been moved from one part of the same chapter to another part. Case asked if Sever Peterson wished to fit under this ordinance,he would have to own the land. Rosow said the ordinance does not say you have to own land to occupy it and cultivate it. Tyra-Lukens clarified that the purpose of this is to put the City's ordinance in sync with the State Statutes.Rosow said that is correct. There were no comments from the public. MOTION:Mosman moved, seconded by Young,to close the Public Hearing and approve 1st Reading of the Ordinance Related to Outdoor Storage and Displays by Exempting Farmers from the 60 Day Time Period. Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION:Butcher moved, seconded by Mosman,to approve the Payment of Claims. The motion was approved on a roll call vote,with Butcher, Case, Mosman,Young and Tyra-Lukens voting"aye." IX. ORDINANCES AND RESOLUTIONS A. CITY CENTER PARKING EXPANSION by City of Eden Prairie. 2nd Reading for Planned Unit Development District Review with waivers on 30 acres, Zoning District Amendment within the I-5 Zoning District on 30 acres, and Site Plan Review on 30 acres. Location: 8080 Mitchell Road. (2nd reading of Ordinance No. 9-2003-PUD-5-2003 for PUD District Review and Zoning District Amendment and Resolution No.2003-66 for Site Plan Review) City Manager Scott Neal said this is the second reading for an item discussed this • evening under VII.B. and asked if there were any other questions regarding the issue.He noted the vote on this must be unanimous because first and second readings are done in the same night. There were no further questions. MOTION:Young moved, seconded by Butcher,to approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers within the 15 CITY COUNCIL MINUTES April 15,2003 Page 7 I-5 Zoning District on 30 acres and adopt the Resolution for Site Plan Review. Motion carried 5-0. X. PETITIONS,REQUESTS AND COMMUNICATIONS XL REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Southwest Rail Study Update—Mayor Tyra-Lukens Tyra-Lukens said the Southwest Rail Transit Study group has two committees - a technical advisory committee (TAC) and a policy advisory committee(PAC)that has been studying different modes of transportation along the corridor for six months. She said out of many of the alternative routes that were suggested, all were subject to a Screen 1 evaluation. She presented drawings showing all routes selected for Screen 2 evaluation, eliminating all routes that involved the Lyndale Avenue alternative. Tyra-Lukens said the TAC committee did not recommend the 169 or Shady Oak routes, and instead recommended that 494 would continue to be studied and also the Light Rail corridor portion. She said the diesel multiple unit alternative was also rejected. She said there will be two area open houses,May 21 from 5-8 p.m. at the Hopkins Depot, and May 22 at Southwest Station from 4-7 p.m. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION DIRECTOR 1. Purgatory Creek Recreation Area Plan—Completion of Phase II Parks and Recreation Director Bob Lambert said the consultant for the first item is not present yet, and asked to continue this item until the end of the meeting. 2. Request from Eden Prairie Baseball Association to Share Costs for Field Improvements Lambert said the Baseball Association is requesting about$80,000 worth of improvements to City ball fields. He said they would like to see the City fund 50% of the cost of the improvements over the next three years, and they are proposing$32,000 worth of improvements this year and would provide$16,000 of matching funds. Lambert said all the improvements are things that the City would eventually do when it could 16 CITY COUNCIL MINUTES April 15,2003 Page 8 afford it and it is beneficial to get 50 percent of the funding so Staff is recommending Council approve$16,000 funded through park dedication fees. Tyra-Lukens asked if this item is higher priority than planned improvements to the softball fields. Lambert said the baseball association has 1800 kids and uses a lot of fields throughout the community and those fields are not up to the standard of some softball fields, so they are offering to help pay to provide better playing conditions. He said the association paying for $16,000 of the cost does not change the priority of improvements needed at other fields. MOTION: Butcher moved to authorize improvements at eight of the City baseball fields at a cost share of 50% expenditure for the City and 50% expenditure for the Eden Prairie Baseball Association as per the request dated February 15, 2003. Seconded by Young, motion carried 5-0. 3. Construction of Entry Road and Parking Lot at Birch Island Woods Conservation Entry Lambert stated in May of 2002, a citizens task force presented a management plan for Birch Island Woods,to provide a safe entry and parking lot at that facility. He said the anticipated cost is$50,000 with scheduled completion by the end of the summer. There were no further comments or questions. MOTION: Case moved to authorize staff to proceed with the construction of the entry road and parking lot improvements at Birch Island Woods Conservation Area at an estimated cost of$50,000. Lambert said if costs exceed$50,000, it would be brought back to Council for approval. Seconded by Mosman, motion carried 5-0. 4. Task Force to Rename the Senior Center Facility Lambert stated this recommendation is coming from the seniors who have done surveys of seniors who partake in senior programs but are not active users of the senior center. He said many of the users of the facility are not seniors. He asked if the council would support a name change, and if so, would they approve the Charter statement that has been drafted by the seniors listing the goals of the committee. Case said he supports the seniors'initiative, and asked if there is a mission statement. He asked if there is a long-term goal for the building and if this would be a good time to address that. Lambert said one of the goals of the senior programmers is to initiate more inter-generational programs that would include a wide variety of uses for the building. He said this would supplement the senior programs, offering more program opportunities. fl CITY COUNCIL MINUTES April 15,2003 Page 9 Case said the name fits into a vision/mission look. Lambert said it will be addressed with the committee. MOTION: Young moved, seconded by Mosman, to approve recommending the appointment of a Task Force to consider a possible new name for the Senior Center Facility; and approve the Charter Statement for the Senior Center Name Change Task Force Committee.Motion carried 5-0. D. REPORT OF PUBLIC WORKS DIRECTOR 1. Contract for Hillcrest/Alpine Area Street and Storm Sewer Improvements,I.C. 98-5471 (Resolution) MOTION: Case moved, seconded by Young, to table this item until the second City Council meeting in May, 2003. Motion carried 5-0. E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF 1. Update on Grants Fire Chief George Esbensen reported that they have applied for two grants and have so far been selected for the Citizens Emergency Response Team (CERT) grant which is a two-part grant totaling$41,000. He said two teams will be trained-the first team with 15-20 people in the spring and a second team in the fall. He said the first team is in place consisting of people with a close working knowledge of public safety operations. He said the second group that will be recruited in the fall will come from a wider cross-section of the city. Butcher said she appreciates Tyra-Lukens asked what the mechanism would be for recruiting the second group. Esbensen said the citizens counsel would help tap into other resources. Butcher thanked Esbensen for his efforts. Esbensen thanked Julie Mitchell. Esbensen said the second grant, submitted April 11, 2003, is a Fire Act Grant. He said there is $750M available specifically for the fire service and covers a number of areas. Esbensen said the City has applied for the grant in two specific areas - establishment of a standardized cache of equipment that will be put on each truck at each fire stations. He said the reason to have the equipment is to rescue downed firefighters. He said this standardized cache has been standardized with Chanhassen and Edina. Esbensen said there is also a request for monies to bring the current Self- contained Breathing Apparatus up to the more current NFPA compliance standards. He said the request is for$75,000 and requires a 30% city match. I CITY COUNCIL MINUTES April 15,2003 Page 10 C. REPORT OF PARKS AND RECREATION DIRECTOR 1. Purgatory Creek Recreation Area PIan—Completion of Phase II (This item was continued earlier in this meeting.) Parks and Recreation Director Bob Lambert introduced consultants Barry Warner and Ken Grieshaber from SRF Consulting Group.Warner gave a short presentation on Phase II of the Purgatory Creek Recreation Area Plan with drawings,photos and diagrams.He also spoke briefly about the boardwalk in the Phase III plan. He said the schedule,if approved,would be that the project would be advertised tomorrow,bids received by May 8, 2003, and the project brought back to the Council at the second meeting in May. He said construction should then be completed by November 1,2003. Tyra-Lukens expressed concern about settling issues of pavers. Warner said an interlocking paver system will be used which is more friendly to settling.Butcher asked how the gardens would impact the City's budget in the future. Lambert said a full-time park maintenance person was added last year and current Staff will be able to maintain this facility. Lambert said the majority of plantings will be perennials. Lambert said noted the Parks Recreation Natural Resources Commission did recommend approval with the architecturally designed restrooms.He said the boardwalk would have to wait at least 3 years.He said he has asked for conservative designs for the project that could be closer to$1.3 million.He said the tree replacement project will fund trees at the site. Lambert said matching funds for the trails project will come from park dedication fees from area residential development. MOTION: Case moved, seconded by Butcher,to advertise for bids to complete Phase II improvements for the Purgatory Creek Recreation Area as detailed in plans dated March 27,2003. Case asked Lambert to comment on the prefabricated restroom facility. Lambert said the quality, size and material options of the facility should match materials to the main park shelter to make it look like an overall planned facility and not an add-on facility.He said funds to be used are set aside to be spent on park facilities. Mosman said it should be noted that each phase is expensive and asked if Council would be willing to look at other ways of raising money to help fund the park. Lambert said this park has many features that will be added to over the years.He said there is an area in the park designated for brick pavers where people would be able to buy a brick and invest in art pieces that would be placed in the park in the future. Case said although this park may not rate high as a priority on a survey, the Council sometimes must make decisions to spend tax dollars to CITY COUNCIL MINUTES April 15,2003 Page 11 enhance Eden Prairie,taking into consideration all things that will be best for the City. Dietz noted the original funds for this came from the tax increment financing district and the success of that major center area generated the funds. He said this was part of the original vision for the downtown area. Motion carried 5-0. G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR H. REPORT OF CITY ATTORNEY 1. The Cove 2nd Addition City Attorney Ric Rosow stated that at the last meeting there was a public hearing on this issue and the motion passed was to direct Staff to come back with findings that would support denial of the project. He said as he worked on findings, the proponent and Staff engaged in further conversation on the proposal and possible alternatives to create a plan for wetland buffer and setback on all three lots rather than one lot. Rosow said he recommends reconsider the action taken at the last meeting, and then direct Staff to notice a public hearing for May 6, 2003, at which the alternative proposal would be presented for public input and possible Council action. MOTION: Mosman moved, seconded by Butcher,to reconsider the motion taken on The Cove 2nd Addition at the April 1, 2003 City Council • meeting. Case noted this is the best route to go on this issue, and Council is not reversing itself,but is taking counsel's advice. Motion carried 5-0. MOTION: Young moved, seconded by Butcher, to direct Staff to publish a notice of public hearing at the May 6, 2003 meeting at which time the proponent would present an alternative proposal for development of The Cove 2nd Addition. Case noted that Councilmembers had not discussed this among themselves, but the City Attorney had just recently educated individual Councilmembers to some changes on this proposal. Rosow said it is in the City's best interest to consider the alternative proposal rather than adopt findings of denial. Motion carried 5-0. XN. OTHER BUSINESS XV. ADJOURNMENT MOTION: Butcher moved, seconded by Case,to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:35 p.m. \C, ' PROCLAMATION City of Eden Prairie Hennepin County,Minnesota WHEREAS,the increasing number of senior citizens in Eden Prairie bring many opportunities and challenges for all components of our City--families,businesses, and government; and WHEREAS, every segment of our society is influenced by the needs,resources and expertise of our senior citizens; and awareness improves participation and action; and WHEREAS, our Eden Prairie seniors play a pivotal role in formal and informal education, sharing years of accumulated experience and wisdom which will impact our future; and WHEREAS,the community wishes to celebrate and acknowledge the contributions and accomplishments of the seniors in our community and recognize the organizations that serve older adults; and WHEREAS,the theme "Eden Prairie: A Community for All Ages," establishes that seniors are an integral part of our community, NOW,THEREFORE, I,Nancy Tyra-Lukens, Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim May 5 through May 16, 2003 to be SENIOR AWARENESS WEEK In the City of Eden Prairie,Minnesota ADOPTED by the Eden Prairie City Council on this 6th day of May 2003. IN WITNESS WHEREOF, I have affixed the seal of the City of Eden Prairie. Nancy Tyra-Lukens,Mayor on behalf of Council Members: Sherry Butcher Ron Case Jan Mosman Philip Young CITY COUNCIL AGENDA DATE: May 6,2003 SECTION: SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Presentation of Human Rights Award Office of the City Manager And Dr.Jean L. Harris Youth Scholarship • Molly Koivumaki Awards Requested Action Mayor Nancy Tyra-Lukens,on behalf of the City Council and the Human Rights and Diversity Commission,will recognize the recipient of the 2002 Human Rights Award and the 2002-2003 Dr. Jean L.Harris Youth Scholarship Awards. The Human Rights Awards recognize accomplishments from 2002,while the Youth Scholarship Awards are for the 2002-2003 school year. 2002 Human Rights Award—Non-Profit Organization category recipient Pax Christi Catholic Community To be accepted by Susan McKenna 2002-2003 Dr. Jean L.Harris Youth Scholarship Award recipients Adam Pitman,Eden Prairie High School Ryan Yearous,Minnetonka High School Procedure Mayor Tyra-Lukens will introduce both Harry Moran, Chair of the Human Rights and Diversity Commission, and Jeff Strate,Vice-Chair of the Human Rights and Diversity Commission,who will both come to the speaker's podium. Harry Moran will read a short statement telling the Mayor and City Council of the purpose of their attending tonight's meeting. Mayor Tyra-Lukens will ask each recipient to come up (in order listed above). The Mayor will then read the recipient information (attached). Once read aloud,the Chair and Vice-Chair will present the plaque(HRA recipients) or certificate(YSA recipient). Each recipient will say a short thank-you. Background Members of the Human Rights and Diversity Commission are: *Harry Moran, Chair * Larry Piumbroeck * Jeff Strate,Vice-Chair * Can Maguire *Balu Iyer *Holly Clynch * Gerry Beckmann Staff Liaison to the Commission:Molly Koivumaki Attachments Recipient Information attached K:\Administration\Agenda Preparation\City Council Agenda Packet Items\2003\05.06.031Office of City Mgr\Cover for cc meeting HRA and YSA.doc tjw Human Rights Award The Eden Prairie City Council and the City's Human Rights and Diversity Commission are pleased to give out the annual Human Rights Awards. The goal of the Awards is to recognize an Eden Prairie individual,non-profit organisation and business that have worked to create an inclusive community spirit through their actions, activities or programs, and demonstrate that these actions relate to the stated intentions of the Eden Prairie Manifesto. The Awards recognize accomplishments from 2002. Background of Award Process The nomination process began in January 2003 and closed at the end of March. The Human Rights and Diversity Commission reviewed and selected recipients at their April meeting. No award was given out for the Business or Individual categories this year. Human Rights Award—Non-Profit category Pax Christi Catholic Community was awarded the Human Rights award for their"open door"policy and acts of kindness towards people of the Muslim faith. The Church offers space to members of the American Muslim Community Center to use for prayer services each Friday afternoon. Pax Christi also allows coordinators of the American Muslim Community use meeting rooms each month to plan upcoming prayer services and celebrations. According to the nominating party for their award,Pax Christi"provides space twice a year for large Muslim celebrations, known as ETD,which draw nearly 1,000 people. The Muslim members have shown their appreciation by participating in interfaith prayer services and related activities at the Church." Pax Christi's willingness to reach out to the Muslim community has set a fine example of bringing the Eden Prairie Manifesto to life. They help diffuse fear and anxiety by interacting with people of different faiths. This brings a greater understanding of the Muslim faith traditions to people in Eden Prairie and they do so in a"truly respectful manner". For all these reasons,Pax Christi Catholic Community is being recognized as the City of Eden Prairie's Human Rights Award—Non-Profit organization category recipient for 2002. IC:\Administration\Agenda Preparation\City Council Agenda Packet Items\2003\05.06.03\Office of City Mgr\HRA Info for Mayor Tyra-Lukens 03.doc tjw Dr.Jean L.Harris Human Rights Youth Scholarship Awards The Eden Prairie City Council and the City's Human Rights and Diversity Commission are pleased to announce two recipients for the 2002-2003 Dr.Jean L.Harris Human Rights Youth Scholarship Awards. Eden Prairie High School senior Adam Pitman and Minnetonka High School senior Ryan Yearous have both been selected as recipients of a one-time$1,000 award. Background of Award Process Scholarship applicants were asked to show a commitment that best reflects the principles of human rights and diversity espoused by Dr.Martin Luther King, Jr.,and others in their school,volunteer, community service, and/or religious activities, and demonstrate how these actions relate to the stated intentions of the Eden Prairie Manifesto. To qualify, students must be seniors who live in Eden Prairie and plan to pursue post-secondary education to be eligible for the Award. This year's Youth Scholarship Award application process began in January 2003 and closed at the end of March. The Human Rights and Diversity Commission reviewed and selected recipients at their monthly meeting in April. Recipient#1: Adam Pitman Adam Pitman is the President and Founder of the Society for the Advancement of Social Awareness (SASA), a group he began in 2001 to"engage students in the current issues facing the world." He works tirelessly to organize events for students to have open forums for discussions. "I have enabled myself to lead an educational movement of, and for, students to promote creative analysis and problem-solving in the high school setting concerning peace and social justice",Pitman said in his application essay. His SASA efforts include sending out mailings,designing lessons,teaching, lobbying, and writing publications. He also volunteered 6 hours a week during 2002 as a Community Outreach and Information Coordinator at the University of Minnesota Human Rights Center. There, he promoted events and developed peace and human rights curricula for schools. In addition,he was a Student Intern for the"Friends for a Non-Violent World". Adam worked over 300 hours during the summer of 2002 and"developed peace education material for public high schools focusing on basic human rights,respect and diversity", focusing on Somali immigration and other issues. He also dedicates time speaking at area high schools and independent groups about effective and respectful organizing. Adam plans on attending Hamline University or the Friends World Program this coming fall. For all these reasons,Adam Pitman is being recognized as a City of Eden Prairie Dr. Jean L. Harris Human Rights Youth Scholarship Award recipient. Recipient#2: Ryan Yearous Ryan Yearous is a member of the Northstar Mentoring Program,where he serves as a member of the Steering and Evaluation committee and attends regular meetings. He stated in his application that through mentoring,he has, "met quite a few kids that I would never have known and I certainly wouldn't have imagined that they struggled with their family, friends, or even their own self." Ryan also volunteers with Peer Helpers,where he counsels students who have problems. He says he"is there for them all the time"to help get peers through a situation when they don't feel comfortable K:\AdministrationAgenda Preparation\City Council Agenda Packet Items\2003\05.06.03\Office of City MgrWSA Info for Mayor Tyra-Lukens 03.doc tjw speaking to a school counselor.Ryan says he cherishes the friendships he has gained through the program and it has taught him to treat everyone the same way throughout life. Ryan's other volunteer activities include serving as the Vice President of the Minnetonka Community Education and Services (MCES)Advisory Council, and being a member of the Tobacco Policy Revision Committee.As part of this committee,he helped the district revise its tobacco policy for all schools. Ryan says his volunteering has"really opened doors and taught me to celebrate differences in all types of people." He plans on attending the University of Montana this coming fall. For all these reasons, Ryan Yearous is being recognized as a City of Eden Prairie Dr. Jean L. Harris Human Rights Youth Scholarship Award recipient. • K:\Administration\Agenda Preparation\City Council Agenda Packet Items\2003\05.06.03\Office of City Mgr\YSA Info for Mayor Tyra-Lukens 03.doc tjw S CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 6, 2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police/C.O.P. Unit Clerk's License Application List '�j�� Christy Weigel �"`"`� ' J These licenses have been approved by the department heads responsible for the licensed activity. Commercial Lawn Fertilizer Applicators New Liquor License—New Licensee name Bob Lawn&Landscaping Licensee name: D'Amico and Sons, LLC Chapman Custom Lawncare (Formerly D'Amico & Sons, Inc) The Davey Tree Expert Company Dba:D'Amico and Sons Envirolawn Inc. Fairway Green Lawn Care, Inc Licensee name: Campiello, LLC Fertilawn (Formerly Campiello, Inc) Guaranteed Turfcare Dba: Campiello The Lawn Ranger, Inc. Quality Green The Rose Companies Inc. Talberg Lawn and Landscape Team Lawn&Landscape Trugreen Chemlawn Top Choice Lawn Care Weedman Temporary Liquor Organization: Eden Prairie Lions Club Event: Schooner Days Date: May 30, 31 &June 1, 2003 Place: Round Lake Park&E. P. Community Center Temporary Beer Organization: Eden Prairie Lions Club Event: Fourth of July Date: July 4, 2002 Place: Round Lake Park Event: Corn Feed Date: August 2, 2002 Place: Round Lake Park CITY COUNCIL AGENDA DATE: 05/06/03 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Donald R. Uram The Enclave 2nd Addition Scott A.Kipp Requested Action • Approve 2nd Reading of the Ordinance for Zoning District Change from Rural to RM-6.5 on 4.73 acres; and • Adopt the Resolution for Site Plan Review on 4.73 acres; and • Approve the Development Agreement for The Enclave 2nd Addition. Synopsis This is for 11 multi-family units located at the southeast corner of Braxton Drive and Pioneer Trail. • Attachments 1. Ordinance for Zoning District Change 2. Resolution for Site Plan Review 3. Development Agreement as TilE ENCLAVE 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA ORDINANCE NO. -2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the RM-6.5 District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the RM-6.5 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of May 6, 2003, entered into between Halley's Custom Homes Inc., and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of April, 2003, 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 6th day of May, 2003. ATTEST: Kathleen A.Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on a-6 EXHIBIT A Zoning The Enclave 2nd Addition Legal Description: That part of the Northwest Quarter of the Southeast Quarter and the East Half of the Southwest Quarter of Section 20,Township 116,Range 22,Hennepin County,Minnesota lying southerly of the centerline of Pioneer Trail, easterly of BRAXTON WOODS,westerly of RILEY CREEK RIDGE, according to the recorded plats thereof Hennepin County,Minnesota and lying northerly of the following described line: Beginning at the northeast corner of Lot 5,Block 1 of said BRAXTON WOODS; thence North 76 degrees 32 minutes 22 seconds East, assumed bearing along the easterly extension of the northerly line of said Lot 5, a distance of 307.24 feet to the most westerly corner of Lot 9,Block 2 of said RILEY CREEK RIDGE and said line there terminating. THE ENCLAVE 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. -2003 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 the southeast corner of Braxton Drive and Pioneer Trail, from Rural to RM-6.5 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 Sun Current on the (A full copy of the text of this Ordinance is available from City Clerk.) THE ENCLAVE 2ND ADDITON CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR THE ENCLAVE 2ND ADDITION BY HALLEY'S CUSTOM HOMES,INC. WHEREAS, the Halley's Custom Homes, Inc., has applied for Site Plan approval of The Enclave 2nd Addition for construction of 11 multi-family units by an Ordinance approved by the City Council on May 6,2003; and WHEREAS,the Community Planning Board reviewed said application at a public hearing at its February 24,2003 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its April 1, 2003 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Halley's Custom Homes, Inc., for The Enclave 2nd Addition, based on plans dated March 28, 2003, between Halley's Custom Homes,Inc., and the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie this 6th day of May,2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta, City Clerk DEVELOPMENT AGREEMENT THE ENCLAVE 2ND ADDITION THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of May 6, 2003,by Halley's Custom Homes,Inc.,a Minnesota corporation,hereinafter referred to as"Developer,"its successors and assigns,and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Zoning District Change from Rural to RM-6.5 on 4.73 acres, Site Plan Review on 4.73 acres,and Preliminary Plat of 4.73 acres into 11 lots and two outlots,legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Ordinance No. for Zoning District Change from Rural to RM-6.5,Resolution No. for Site Plan Review, and Resolution No. 2003-59 for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated March 28, 2003, reviewed and approved by the City Council on April 1, 2003 (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. a-T 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 5. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland, wetland buffer strips, wetland buffer monument locations,water quality ponds,storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall 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. '1 Prior to release of the grading bond,Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Upon request by the City, Developer shall provide preconstruction and post construction surveys for evaluation by City. 6. GRADING IN THE WOODED AREAS ON THE PROPERTY: Prior to grading within any of the wooded areas on the Property, delineated in the Plans identified on Exhibit B, Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit, Developer shall place a construction fence on the approved construction grading limits. Developer shall notify the City and Watershed District 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 7. HOMEOWNER'S ASSOCIATION DOCUMENTS:Prior to the release by the City of any final plat for the Property,Developer shall submit Homeowner's Association documents to the City for review and approval by the City Planner. The Homeowner's Association documents shall include, but not limited to, access to and maintenance of the private driveway,gazebos,retaining walls within Outlot B,and architectural control,including,but not limited to, building colors, building style and roof lines, preservation of the existing wooded slope on the southwest portion of the Property, and such other matters as are normally contained in such documents. 8. 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. 9. 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 depicting a total of 639 caliper inches. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 10. OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owners' Supplement to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof: A. Marie Gustafson 11. PRIVATE DRIVEWAY: Prior to the release by the City of any final plat for the Property, Developer shall submit proof to the City Engineer that a reciprocal, joint access and maintenance agreement for the shared driveway has been filed against the Property with the Hennepin County Recorder's/Registrar of Titles'Office in a form approved in writing by the City Planner. 12. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 13. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property,an assessment agreement,in the form and substance as attached in Exhibit E,shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 4.73 acres in the amount of$25,305.50. 14. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer,and obtain the City Engineer's written approval of plans for streets,public sanitary sewer,water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection,certify completion in conformance to approved plans and specifications and provide record drawings. 15. TREE LOSS - TREE REPLACEMENT: There are 323 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 250 diameter inches. 'free replacement required is 257 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 257 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. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. Tt IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE Halley's Custom Homes,Inc. By Michael H Nancy Tyra-Lukens,Mayor Its Scott H.Neal, City Manager STATE OF NIINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2003, 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 instrum was ackno ledged before me thig, day of ,2003,by Michael Halley, the , of Halley's Custom Homes,Inc., a Minnesota corporation, on behalf of the corporation. Awdwwwwwomwomniwwvwwas ■ E. HOVIND • JANE tary Public NOTARY PUBLIC-MINNESO'A My Commission Expires Jan.31,2005 s • EXHIBIT A DEVELOPMENT AGREEMENT- '11:1.E ENCLAVE 2ND ADDITION Legal Description Before Final Plat That part of the Northwest Quarter of the Southeast Quarter and the East Half of the Southwest Quarter of Section 20, Township 116,Range 22,Hennepin County,Minnesota lying southerly of the centerline of Pioneer Trail, easterly of BRAXTON WOODS,westerly of RILEY CREEK RIDGE, according to the recorded plats thereof Hennepin County, Minnesota and lying northerly of the following described line: Beginning at the northeast corner of Lot 5, Block 1 of said BRAXTON WOODS; thence North 76 degrees 32 minutes 22 seconds East, assumed bearing along the easterly extension of the northerly line of said Lot 5, a distance of 307.24 feet to the most westerly corner of Lot 9,Block 2 of said RILEY CREEK RIDGE and said line there terminating. Legal Description After Final Plat Lots 1 through 11,Block 1, Outlots A and B, THE ENCLAVE 2ND ADDITION,Hennepin County Minnesota. 33 EXFQBIT B DEVELOPMENT AGREEMENT-THE ENCLAVE 2ND ADDITION LIST OF MATERIALS 1. Cover Sheet dated 3/28/03 by Westwood Professional Services, Inc. 2. Preliminary Plat/Existing Conditions dated 2/27/03 by Westwood Professional Services, Inc. 3. Preliminary Grading Plan dated 2/28/03 by Westwood Professional Services,Inc. 4. Preliminary Utility Plan dated 2/28/03 by Westwood Professional Services,Inc. 5. Preliminary Tree Preservation/Landscape Plan dated 2/28/03 by Westwood Professional Services, Inc. 6. Example Architecture dated 2/07/03 by Westwood Professional Services, Inc. 7. Context Map &Alternate Concept dated 1/3/03 by Westwood Professional Services,Inc. 341 EXHIBIT C DEVELOPMENT AGREEMENT — THE ENCLAVE 2ND ADDITION 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 Preliminary Plat review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and 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: Marie Gustafson 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 final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. 35 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. §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,any Hazardous 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 Development 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. XVIII. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 %2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. • EXHIBIT D DEVELOPMENT AGREEMENT—'ii is ENCLAVE 2" ADDITION 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 procedures 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. The applicant must maintain all erosion control systems 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: 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 may be 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 9 EXHIBIT E DEVELOPMENT AGREEMENT--ENCLAVE 2ND ADDITION AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of ,2003,between the City of Eden Prairie, a municipal corporation, (the"City")and a Minnesota (the "Owner"). • A. The Owner holds legal and equitable title to property described as , Hennepin County, Minnesota,which property is the subject of this Agreement and is hereinafter referred to as the"Property". B. The owner desires to develop the property in such a manner that relies upon the City's trunk utility system,including trunk sanitary sewers,trunk watermains,wells,elevated storage facilities and a water treatment plant(all of which is hereafter referred to as the"Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owners consent to the levying of assessments against the Property in the amount of $ for the Improvements. 2. The City's assessment records for the Property will show the assessments as a"pending assessment"until levied. 3. The Owners waive notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owners concur that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City,its officers,agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. OWNER CITY OF EDEN PRAIRIE A Minnesota A Minnesota Municipal Corporation B • 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 ,2003, by Nancy Tyra-Lukens,the Mayor,and Scott H.Neal,the City Manager,of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of the corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The fo go" g in e t was acknowledged before me thiscf ce day of d 20 3,by the 1` t &1( LGCIuM (-- 'ca Minneso C,(N-Jirrd 7-11 , on behalf of the Cihrnetge7tFe544 - -�.--- `C • N Public THIS INSTRUMENT WAS DRAN'1'bD BY: City of Eden Prairie .Arivwwwvv4AwAvwewwwwwwin■ 8080 Mitchell Road JANE E. HOVIND Eden Prairie,MN 55344 NOTARY PUBLIC-MINNESOTA My Ccnmissian Expires Jan.31,2005 Y CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 6,2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Engineering Departments C • Randy Slick/ Final Plat Approval of Meyer Estates Eugene A.Dietz Requested Action Move to: Adopt the resolution approving the final plat of Meyer Estates. Synopsis This proposal is a replat of Lot 9, Block 1, Eden Heights, located at 16519 Pioneer Trail. The plan consists of 1.15 acres to be divided into two single family lots. Lot 1 is the newly proposed lot along with an existing two story home on Lot 2. Background Information The preliminary plat was approved by the City Council March 18, 2003. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on February 18,2003. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$300.00. • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. • Execution of Special Assessment Agreement for trunk utility improvements and connection fees for Lots 1 and 2. • The requirements as set forth in the Developer's Agreement. • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor. • Prior to release of final plat, Developer shall submit a private construction and maintenance agreement for the proposed private sanitary sewer and water services. Attachments Drawing of final plat I I I 3.f4fL69 N I I-——- - —51PY91-�� 4 -___ a--__-1 tt 1 l C) n \ T1 pi r\ 3. V -- y r tt o Cn t i C i 1-3 �� Tl V/ I I --1-I J I I 1 (i) ,I r 3 J'4rS69 H 1 V 1 kN I 4 I •— Nb, .— C7 V! ,-1) { N SSJ k n 7 M al I L. -_ 1 l l 3 4( 69 IV / a I I I I 0 ' _ ' A Z -, E. s .3 g gm 7 .^i ii. ''y3 cl i ' -L' 5 i i s i> ! 3; 4 t e S : r ' 17 ,s it s ti i = 13 I. `: Y ; i $ n € c 5_: .= i a 7 ° ',t . '! ''+: i y It k j fi /- ; . 4 a 5 6 q i 1 :2 a 3 ! t 1 A . e 1 =_ s Y4 ~ , • - wC 4 S .'i e i ql i i 5 e 4 - t i -.r Iji ' :A - iTI7 � ,. 1p '.! I 1 it . T , 1. 7 _ iT tia AEI I t i'�z .,l, S i; Fri 5 I l d e P - 4 d b $i "I CCCCY } I i `A' ' ' r - T N. f ; C7 n Lt tX1 III r-___il ii. II _7' _ y g a Fz 0 0 z:1 01 i 1. 1 '1 t t- r R :i - y�N -43 r o _ f 1-13 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF MEYER ESTATES WHEREAS,the plat of Meyer Estates has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Meyer Estates is approved upon compliance with the recommendation of the City Engineer's report on this plat dated May 6,2003. B. That the City Clerk is:hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on May 6,2003. Nancy Tyra-Lukens,Mayor • ATTEST: SEAL Kathleen A. Porta, City Clerk yy CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 6, 2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Engineering Randy Slick/ Final Plat Approval of The Enclave 2nd Addition Yh'� Eugene A. Dietz Requested Action Move to: Adopt the resolution approving the fmal plat of The Enclave 2nd Addition. Synopsis This proposal is located south of Pioneer Trail and east of Braxton Drive. The plat consists of 4.73 acres to be divided into eleven multi-family lots, two outlots and right-of-way dedication for street purposes. Background Information The preliminary plat was approved by the City Council April 1, 2003. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement is scheduled on May 6, 2003. Approval of the fmal plat is subject to the following conditions: • Receipt of engineering fee in the amount of$522.50. • Receipt of street sign fee in the amount of$512.30. • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. • Satisfaction of bonding requirements for the installation of public improvements. • Execution of Special Assessment Agreement for trunk utility improvements. • The requirements as set forth in the Developer's Agreement. • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor. • Prior to release of final plat, Developer shall submit the Homeowner's Association documents. • Prior to release of final plat, Developer shall submit a reciprocal, joint access and maintenance agreement for the shared driveway. • Revision to plat to include drainage and utility easements over all public utilities. • Revision to plat to include drainage and utility easements over Outlot B. Attachments Drawing of final plat 5 1 E h ` C 1\ 1 \ c In; Ifs O h \ L �~ •T•y h � L ti 1 2 w a \ 1,4.....CS \ a 2 1 ;: 3 6 .`a ,‘...,./.. \ \ c \E i i \ _1 = 0 Q 1 \ Ali 'a? 1 \ �-„ o • m$ v 1 , \ 1 \\ 1 •,, \ 1 30CIN >133,1-10 ,:3-71,1.1 \ 1 1 1 \ \ - I Noo°59491V 460.56 � \ W;•' ^• it,Jo ' PM • [SIP R o9sc aKC OSOf •S / g v.. _ c s -" o 1 • \ Z•.-•-----_4. 1 \ Ii ,t 1 to r3 •..It_\ a 1' i .' -1 I \\ L1 t1;s N I( �S/„i 0 1 5• b -\v-- -- -- 1 -_ _ -- x—_ - -- — ,1 O s o. !", , ,d s 1 111111 n \ rj sE ",'.......sr, ,s ey .o , 0,r a o\ e ,\ \\ ro.. \ 1 u M .•-Zia°M• ,,.�``*Y;_S'L'� ....y) \d _ Eb�¢5 Q -J gR' \ 41 G 1 lY• M1•fl d17• sjyi� _nob p0 6W •�\\ SgO 01 Q \ `(.5 S \ ,ePbi a 4,]�' .''sar .zyur.rrN 11 "•..p\ .r. \ 'ir fin.• �t 4 .•,y•` D a 1 '� r, liG 7-7 N s ,... , o g�, ♦\ \ pa • } \ \ s V \ `" •' 'V \ \ W O lV s. ♦ \ 1% N 60\ • %�% ♦ \ "fti 1 (O 1.14 2 tel I 4��•--\ \~'c a 2\ \\ 1 11111111 ` \\ I z •�;J 13 Y Y r \\\\ 1 i \ p o; s,\ gF •\ \\ 1 \ 9• \\�3JW ♦7\ \ 1 W ' \\ e` o , a� s �WliiW \ L9 LIi . v o -_-_— 1 . ¢K1-———— $fist'°•'N rossr ♦ - — eo ; Si 41 1r111.1 _rnrl�rrl npii( y \ tv rvv�i,vr-u� R \ ^nnner nlnlvv,l:7 ,.:vvvvr, lvv�.n vQ� 1 r.I \ I I \ \ N \ \ 1 I \ \ \\ ` \\ \\ \\\ I 1 I \\ \ \ I \ \ \ ` \ \ \ 1 \ \ \ N N. \ - _ 1 -- \1116 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF THE ENCLAVE 2ND ADDITION WHEREAS, the plat of The Enclave 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and • WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for The Enclave 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated May 6, 2003. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on May 6, 2003. • Nancy Tyra-Lukens,Mayor ATTEST: SEAL • Kathleen A.Porta, City Clerk CITY COUNCIL AGENDA DATE: May 6,2003 SECTION: Consent Calendar DEPARTMENT AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Department Grading Permit for Wengler Residence at Randy Slick 10003 Dell Road Eugene A.Dietz Requested Action Move to: Authorize issuance of grading permit to homebuilder Kyle Hunt & Partners, Inc. for the site preparation and driveway grading at 10003 Dell Road. Synopsis Kyle Hunt & Partners, Inc. has presented a grading, drainage and erosion control plan that addresses site and driveway grading for the proposed single family home and accessory building. The grades of this property are relatively• steep and wooded and require the grading of approximately 4,100 cubic yards of material. Contractor projects a June, 2003 start date for the proposed home site. Background Information The site has no existing structures, the three Indian burial mounds have been identified and protected. The proposed home site is consistent with the adjacent properties that have recently been improved along the bluff. Community Development and Engineering staffs have reviewed the proposal for conformance to City Code and policy related to erosion control. M r y G . . ... .. .... - w C I 9 l ar bM O 5HOiy NI N m j ry i � . Um CN / S � ZN O o 'V 0. (I) la- m: °i. ". CC i0 0 y .. 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(-5•.. ,.! o / �/ / ``I\)-t-aeon. ,G D {��y�f}�. - gym,.•\-\ 5',¢. ,%a �� 'i' V 8 ' /m -" Awl •rr�P—�L-0I— \N..�.� JDJN. gag wfA= ,J2 /m / ...i.-_ '1„_,,,./ <I {°¢�Y / /('� /L/\ -...Pi',D \ \\..n,, -a ,.,$po �az•I $oo z 5_ �^� U I/ /�./ /- /11' /. ` ^. \ 16g*\ V'� C O g W W o z N < t /W /V / / / m /% \ • / / . \\ utNl -¢� o,nw I- to u / /- I - iii < ASS z¢ 7. W / / d / o /• �/ / //p -- \--. I . .0. .6.R -,_z o u :t /' o/ //'Imo[/= / _ / / t' '1 1 1 1 z uo6 tg2uo tom o0 l-.../ / /off ,./ 3NIl N,� �•5 omaiinE {1`� ,,�co j ram• od d jZSi .. /, !Q d/ .'\ `- \\/ '(��c1,\' coi ill a :off iV,`7, u // / , .. / /m .s a`. z=i---.-.�.. / -_'3N00 d0 3p03 N ou 3�iio m >. ' / o .-pzo'ti w _a. --llbM '138 0: ¢o.zu ¢i^.,m'Z. ¢wo H cd� ' ,,,, Ob02!73AViIJ',.z'l,r:-\ a d O 8 i =68 c;wuW .i''S v n = N G !-\\f 2 \f S 3 z z ,(; v \-33N33 < n m m .0 u:u CITY COUNCIL AGENDA DATE: May 6,2003 SECTION: Consent Calendar DEPARTMENT AREAJDIVISION: ITEM DESCRIPTION: I.C.94-5369 ITEM NO.: Engineering Department Approve Resolution Awarding Contract for CSAH Rodney W.Rue 1 (Pioneer Trail)Landscape Project int ,F; Eugene A.Dietz Requested Action Move to: Approve resolution awarding contract for CSAH 1 (Pioneer Trail) Landscape Project to VP Enterprises of Minnesota,Inc. in the amount of$224,999.50. Synopsis Six bids were received on April 24, 2003. The low bid of$224,999.50 from VP Enterprises of Minnesota, Inc. is 26% below the Engineer's Estimate of $303,917.00. Hennepin County is responsible for the construction cost of the landscape project with the City of Eden Prairie responsible for the design and construction administration costs. Background Information We expect all the landscaping to be completed by September, 2003. This landscaping project will complete the CSAH 1 (Pioneer Trail)project. Attachments Recommendation letter from SEH, Inc. 50 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION ACCEPTING BID CSAH 1 (PIONEER TRAIL)LANDSCAPE PROJECT I.C.94-5369 WHEREAS,pursuant to an advertisement for bids for the following improvement: I.C. 94-5369: CSAH 1 (Pioneer Trail)Landscape Project bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS,the City Engineer recommends award of Contract to VP Enterprises of Minnesota,Inc. as the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with VP Enterprises of Minnesota, Inc. in the name of the City of Eden Prairie in the amount of $224,999.50 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on May 6,2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta,City Clerk,City Clerk 51 April 28,2003 RE: City of Eden Prairie CSAH No. 1 Landscape Planting City Project No. 94-5369 Hennepin County No. 932001 SEH No.A-EDENP0002.00 City Council City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 On Thursday,April 24,2003,at 10:00 a.m.six were received for the above-referenced project.The Engineers Estimate for the project was$303,917.00.The high bid was received from Ryan Contracting Co.and was for $361,985.00, 19% higher than the Engineers Estimate. The low bid was received from VP Enterprises of Minnesota Inc.for$224,999.50,26%lower than the Engineers Estimate. The four other bids that were received were from Hoffman&McNamara for$239,609.50,from Greenworks Inc. for$272,296.00, from Fair's Garden Center for$293,942.00 and from Minnesota Valley Landscape Inc. for$298,110.00. We have investigated the qualifications of VP Enterprises of Minnesota Inc. and fmd that they (1) have a sufficient understanding of the project and equipment to perform the construction for which it bid; and (2) according to their bonding agent they presently have the financial ability to complete the project bid. SEH makes no representation or warranty as to the actual financial viability of the contractor or its ability to complete its work. Accordingly we recommend the project be awarded to VP Enterprises of Minnesota Inc. in the amount of $224,999.50. Please call me at 612-758-6743 if you have any questions Sincerely, Laurie McRostie Project Manager Attachment: Bid Extension C:VP Enterprises of Minnesota Inc. \wptstandardWecOotrccawardl.doc CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 6,2003 DEPARTMENT: ITEM DESCRIPTION: I.C. 03-5590 ITEM NO.: Engineering Randy Newton Adopt Resolution Awarding Contract for Eugene A.Dietz Southwest Station Traffic Signal Improvements YU-• , Requested Action Move to: Adopt resolution awarding contract for I.C. 03-5590 (Southwest Station Traffic Signal Improvements)to Killmer Electrical Company,Inc. Synopsis Sealed bids were received Thursday April 24, 2003 for this project. Six bids were received and are summarized in the consultant recommendation letter. The low bid in the amount of $131,330.00, submitted by Killmer Electric Company, is $21,370.00 (14%)below the engineer's estimate. The bids received were very competitive with $700 separating the top three bids and $3970 separating the top 5 bids. Therefore, staff recommends awarding the contract for the project to Killmer Electric Company in the amount of$131,330.00. Background Information The Developer's Agreement for the approved Southwest Station development project requires the installation of a new traffic signal on Technology Drive at the Main Southwest Station Entrance. The traffic signal is warranted based on the proposed build-out of Southwest Station. Financial Implications The contract costs together with a standard City administrative fee of 9 percent and interim financing will be fully assessed to the Southwest Station development project in accordance with the approved Developer's Agreement. Attachments Consultant's recommendation letter. 63 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION ACCEPTING BID SOUTHWEST STATION TRAFFIC SIGNAL EVIPROVEMENTS I.C. 03-5590 WHEREAS,pursuant to an advertisement for bids for the following improvement: I.C. 03-5590: Southwest Station Traffic Signal Improvements bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS,the City Engineer recommends award of Contract to Killmer Electric Company,Inca as the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with Killmer Electric Company, Inc. in the name of the City of Eden Prairie in the amount of $131,330.00 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on May 6,2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk,City Clerk 541 PNO CONSULTING GROUP , INC . Transportation■Civil•Structural•Environmental ■Planning•Traffic■Landscape Architecture•Parking SRF No. 0024670 April 25,2003 Mr. Randy Newton, P.E. Traffic Engineer CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie, MN 55344 SUBJECT: RECOMMENDATION OF AWARD I.C. 03-5590 SOUTHWEST STATION TRAFFIC SIGNAL IMPROVEMENTS Dear Mr.Newton: Sealed bids were received for the above referenced project on Thursday, April 24, 2003 at Eden Prairie City Hall. A total of six (6) bids were received. All bids have been reviewed, checked and are summarized below: 1. Killmer Electric Co., Inc. $131,330.00 2. Ridgedale Electric $131,600.00 3. Electrical Installation and Maintenance Co., Inc. $132,000.00 4. Egan-McKay Electrical Contractors $135,160.00 5. Collisys Electrical Co. $135,300.00 6. Honda Electric, Inc. $193,600.00 A bid tabulation is attached. The low bid received from Killmer Electric Co., Inc. is approximately 14 percent lower than the Engineer's Estimate of$152,700.00. Killmer Electric Co., Inc. has performed satisfactorily on similar projects in the past. Therefore, we recommend award of the construction contract to Killmer Electric Co., Inc. in the amount of$131,330.00 Please contact us if you have any questions. Sincerely, SRF CONSULTING GROUP, INC. )-z � George M. Stuempfig, P.E., P.T.O.E. Senior Associate GMS/ Enclosure cc: Jim Wiczek, Mn/DOT Metro Traffic Engineering Steve Misgen,Mn/DOT Metro Traffic Engineering H:\Signals\4670\LtrNewtonAwardCnt042403.doc One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (763) 475-0010 • Fax (763) 475-2429 ■ http://www.srfconsulting.com An Equal Opportunity Employer 5 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 6,2003 DEPARTMENT: ITEM DESCRIPTION: I.C. 98-5471 ITEM NO.: Engineering Resolution Declaring Costs to be Assessed, Jim Richardson Ordering Preparation of Special Assessment Roll ' Eugene A. Dietz and Setting Public Hearing Date Requested Action Move to: Adopt resolution declaring costs to be assessed, ordering preparation of special assessment roll and setting public hearing date on May 20, 2003, for I.C. 98- 5471,Hillcrest/Alpine neighborhood street and storm sewer improvements. Synopsis The public hearing for street and storm sewer improvements is rescheduled due to an error in the public notices that had been previously sent. The proposed amount to be assessed is based on bids received March 6, 2003, and is approximately 16 percent lower than the Feasibility Study estimate. Attachments Resolution Exhibit A 56 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION DECLARING COSTS TO BE ASSESSED,ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING HEARING DATE I.C. 98-5471 HILLCREST/ALPINE NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS WHEREAS, a feasibility study has been prepared and the total project cost, including expenses incurred, or to be incurred and the City's share, exclusive of that assignable to City Property, are established as shown on the attached Exhibit A. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1. The cost of such improvements to be specially assessed are hereby declared to be those as set forth in Exhibit A. 2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in the office of the City Engineer for public inspection. 3. A hearing shall be held on the 20th day of May, 2003, in the Eden Prairie City Hall, 8080 Mitchell Road, at•7:00 p.m. to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. She shall also cause mailed notice to be given to the owner of record of each parcel described•in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the City Council of the City of Eden Prairie on May 6,2003. • • Nancy Tyra-Lukens,Mayor ATTEST: SEAL • Kathleen A.Porta, City Clerk • • EXHIBIT A SPECIAL ASSESSMENTS I.C.98-5471 PROJECTS Total Cost City Funds Amt to be Assessed IC 98-5471 Hillcrest/Alpine Neighborhood Street 1,445,658.00 825,346..00 620,312.00 and Utility Improvements 5g EXHIBIT A 1. I.C.98-5471 Street and Storm Sewer improvements on Hillcrest/Alpine Project Cost $1,445,658.00 Streets in Alpine Estates,Hillcrest Court,Hillcrest Courts 2nd Previously Assessed: and 3`d Additions City Share: $825,332.00 County Share: Net Assessment: $620,326.00 20 Years at 6.25% Streets $5,936.00/L.U. Parcel PID# Property Owner Deferred 2008$Amount 2004 $Amount $Amount 08-116-22-11-0015 Rodney Christopher 5,936.00 08-116-22-11-0016 Henry Conor 5,936.00 08-116-22-11-0017 Donald Bloyer Jr 5,936.00 08-116-22-11-0018 Michael/Carol Bristow 5,936.00 08-116-22-11-0019 Stephen/Susan Erickson 5,936.00 08-116-22-11-0020 Thomas/Judith Atkinson 5,936.00 08-116-22-11-0021 Dennis Wildermuth 5,936.00 08-116-22-11-0022 Ademar 0 Des Lauriers Jr 5,936.00 08-116-22-11-0023 Timothy Srdar 5,936.00 08-116-22-11-0024 Chester Sleva 5,936.00 08-116-22-11-0025 Allan Parker 5,936.00 08-116-22-11-0026 Edward Plass 5,936.00 08-116-22-11-0027 Donald Isensee 5,936.00 09-116-22-22-0013 Lawrence Nicpon 5,936.00 09-116-22-22-0014 Joanne Hofstrand 5,936.00 09-116-22-22-0015 F.S.Schaff/R.M.Johnson 5,936.00 09-116-22-22-0016 David/Susan Jensen 5,936.00 09-116-22-22-0017 John/Kari Benjamin 5,936.00 09-116-22-22-0018 Gerald Johnson . 5,936.00 09-116-22-22-0019 Robert Listiak 5,936.00 09-116-22-22-0020 James/Janet Mousel 5,936.00 09-116-22-22-0021 Michael Sandness 5,936.00 09-116-22-22-0022 Elizabeth Command 5,936.00 09-116-22-22-0023 Barton Jenkins 5,936.00 55 Parcel PID# property Owner Deferred 2008$Amount 2004 $Amount $Amount 09-116-22-21-0020 Paul/Corrina Conley 5,936.00 09-116-22-21-0021 Werner Schulze 5,936.00 09-116-22-21-0022 David Svobodny 5,936.00 09-116-22-21-0023 W.J.Dale 5,936.00 09-116-22-22-0009 Loren Bakken 5,936.00 09-116-22-22-0010 Paul Mikelson 5,936.00 09-116-22-22-0011 Forrest/Joan Meyer 5,936.00 09-116-22-22-0012 David/Lynne Shonts 5,936.00 09-116-22-22-0008 Sharon McGeen 5,936.00 09-116-22-22-0007 Glen/Pansy Brodt 5,936.00 09-116-22-22-0006 Sher A.Azizi 5,936.00 09-116-22-22-0005 K.H.Vohs 5,936.00 09-116-22-22-0004 Jacquelyn Armstrong 5,936.00 09-116-22-22-0003 Ralph Hoffmann 5,936.00 09-116-22-22-0002 Dominic Louwagie 5,936.00 08-116-22-11-0062 Larry/Leila Rovang 5,936.00 08-116-22-11-0061 Stephen Reichow 5,936.00 08-116-22-11-0059 Thomas/Linda Herzog 5,936.00 08-116-22-11-0058 Thuy Trieu 5,936.00 05-116-22-44-0007 J.E.Bogrand 5,936.00 05-116-22-44-0008 Allen/Leslie Bode 5,936.00 05-116-22-44-0009 Paul Nelson 5,936.00 05-116-22-44-0010 David Borden 5,936.00 05-116-22-44-0011 Christopher Zetting 5,936.00 05-116-22-44-0012 Jerald Prodoehl 5,936.00 05-116-22-44-0006 Dennis McKay 8,904.00 05-116-22-44-0005 Terry/Nancy McCormick 8,904.00 05-116-22-44-0004 Norbert Gemes 8,904.00 05-116-22-44-0003 Norbert Gemes 5,936.00 05-115-22-44-0013 M.E.Lane,Jr 5,936.00 05-116-22-44-0014 Suzzann Bergenbring 5,936.00 05-116-22-44-0015 Robert/Sheryl Kadlec 5,936.00 Parcel PID# Property Owner Deferred 2008$Amount 2004 $Amount $Amount 05-116-22-44-0016 Princess J.Myers 5,936.00 05-116-22 11 0017 Mildred Schmidt 5,936.00 05-116-22-44-0018 Luella Kendall 5,936.00 05-116-22-44-0019 Glen Stoever 5,936.00 08-116-22-11-0039 Chester Seviola 5,936.00 08-116-22-11-0038 Richard/Sally Bowles 5,936.00 08-116-22-11-0037 James Dobchuk 5,936.00 08-116-22-11-0036 David Quanbeck 5,936.00 08-116-22-11-0035 Norman Woodard 5,936.00 08-116-22-11-0034 Clifford/Judy Siegel 5,936.00 08-116-22-11-0033 Michael/Debra Bielefeldt 5,936.00 08-116-22-11-0032 Scott Imhoff 5,936.00 08-116-22-11-0031 Wallace MacDonald 5,936.00 08-116-22-11-0029 Tracy Paulson 5,936.00 08-116-22-11-0030 Catalin/Daniela Petrescu 5,936.00 08-116-22-11-0057 Paul/Mary Walentiny 5,936.00 08-116-22-11-0056 Tood/Cindy Smith 5,936.00 08-116-22-11-0055 Joseph Lupo 5,936.00 08-116-22-11-0054 Barney Uhlig 5,936.00 08-116-22-11-0053 James Tucker 5,936.00 08-116-22-11-0052 Gary Reider 5,936.00 08-116-22-11-0051 James/Carolyn Crisp 5,936.00 08-116-22-11-0050 John Carstens 5,936.00 08-116-22-11-0049 Warren/Branda Randolph 5,936.00 08-116-22-11-0048 Thomas Braun 5,936.00 08-116-22-11-0047 Craing/Jane Pixley 5,936.00 08-116-22-11-0046 Charles Selander 5,936.00 08-116-22-11-0045 Steven/Laura Jester 5,936.00 • 08-116-22-11-0044 Brian Tsuchiya 5,936.00 08-116-22-11-0043 E.A.Rustad 5,936.00 08-116-22-11-0042 Michael/Sharon Lundgren 5,936.00 08-116-22-11-0040 Clark/Dorothy Ewert 5,936.00 Parcel PID# Property Owner Deferred 2008$Amount 2004 $Amount $Amount 08-116-22-11-0041 Dennis Peterson 5,936.00 08-116-22-11-0001 Patricia Martin 5,936.00 08-116-22-11-0002 Robert High Johnson 5,936.00 08-116-22-11-0003 Glen/Linda Hayen 5,936.00 08-116-22-11-0004 Dougles Lawyer 5,936.00 08-116-22-11-0005 Gerald Springer 5,936.00 08-116-22-11-0006 Marvin Miller 5,936.00 08-116-22-11-0007 Thomas/Barbara Kuhlman 5,936.00 08-116-22-11-0008 Carol/Carl Coonce 5,936.00 08-116-22-11-0009 Tim/Donna Fahs 5,936.00 08-116-22-11-0010 James/Marilyn Meyer 5,936.00 08-116-22-11-0011 Scott/Kathleen Hagstrom 5,936.00 08-116-22-11-0012 Steven/Sarah Nelson 5,936.00 08-116-22-11-0013 Esther/Kenneth Noel 5,936.00 08-116-22-11-0014 Joel/Mary Stemke 5,936.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 6,2003 DEPARTMENT: ITEM DESCRIPTION: I.C. 02-5566 ITEM NO.: Engineering Approve Plans and Specifications and Ordering t-IIII • Alan D. Gray Advertisement for Bids for Charlson Area V Eugene A. Dietz Improvements—Phase IV Requested Action Move to: Adopt resolution approving plans and specifications for I.C. 02-5566, Charlson Area Improvements—Phase IV Synopsis The Charlson Area Improvements, Phase IV includes utility improvements in Eden Prairie Road and the reconstruction of Eden Prairie Road and Spring Road south of the Grace Church. Background Information The Charlson Area Improvements Project was authorized by Council July 18, 2000. The estimated project cost for this extensive street and utility project was $9,176,500. Phase IV costs will be specially assessed in accordance with the feasibility study. The estimated construction cost for Phase IV improvements is $3,200,000. (05 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer with the assistance of SRF, Inc., has prepared plans and specifications for the following improvements to wit: I.C. 02-5566—Charlson area Improvements—Phase IV and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids shall be received until 10:00 a.m., June 5, 2003, at City Hall after which time they will be publicly opened by the City Clerk, will then be tabulated, and will be considered by the Council at 7:00 P.M., Tuesday, June 16, 2003, at the Eden Prairie City Hall, Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent)of the amount of such bid. ADOPTED by the Eden Prairie City Council on May 6,2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 6, 2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO: Parks and Recreation Purgatory Creek Area Trail Project 7111. Robert A. Lambert Director Motion: Move to approve the joint project with the Riley-Purgatory-Bluff Creek Watershed District for trail construction in the Purgatory Creek Recreation Area with funding for the City's share from park dedication fees. Synopsis Attached to this memorandum is a letter from Robert Obermeyer of Barr Engineering describing the joint trail construction project that will eventually construct a trail around the Purgatory Creek Recreation Area and south along Purgatory Creek connecting to the trail around Staring Lake. The estimated cost for this project is $1,775,000 with the City's share being approximately $887,500. The City is not anticipating any land acquisition necessary for this project. Background This trail construction project has been part of the proposed Purgatory Creek Recreation Area project since the project inception in 1980. The project will provide a paved trail around the north and west side of the wetland complex and south to Staring Lake in 2003. The trail will be completed along the south and east side of the wetland complex in 2004. This new section of trail will provide nearly a 10 kilometer loop trail system without having to cross any public roads or streets. Funding for the City's share will come from park dedication fees that have been paid from development within a half mile radius of this project. RAL:mdd err =ngineenng Company g:'e '`.- 4 ' - 'CO'^-rest r ith Street • Minneapolis, MN 55435-4803 =.r c'1 cne: 952-322-2600 • Fax:952-832-2601 • www.ban_com RR.1 ' TI` : ! `.a neepohs. MN • Hibbing, MN • Duluth, MN • Ann Arbor. MI • Jefferson City, MO April 24, 2003 Mr.Bob Lambert Director of Parks and Recreation City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Trail Construction - Purgatory Creek Recreation Area Dear Mr. Lambert: The purpose of this correspondence is to provide the city of Eden Prairie with an update to the status of the proposed trail to be constructed riparian to the Purgatory Creek Recreation Area and connecting to the Staring Lake trail system. The construction plans have been completed and a draft set has been sent to the City for review and comment. The easement documents for the trail have been completed, reviewed by the City staff, and are being sent to the individual property owners for their review and approval. The Wetland Fill/Mitigation permit will be completed and sent to the various regulatory agencies by May 6th for review, comment and approval, as necessary. It is our intent to advertise the project for bids during May and early June, a bid opening in mid-June, and the contract being awarded at the District's July 2, 2003 meeting. It is our plan to have:the entire trail constructed yet this construction season with the trail along Technology Drive, along the entire west side of the Recreation Area to Staring Lake being paved this year. Because of poor soil conditions and the need to surcharge portions of the trail for an extended period of time, paving of the trail on the south and east sides of the Recreation Area is planned in 2004. At this time, our Engineers Estimate for the project is $1,775,000. In accordance with the District's financial participation criteria,both the City and District's share of the project cost is 50%. Therefore, it is estimated that the City's share of the project cost will be $887,500.This cost does not include any costs associated with land acquisition.From our discussions,it has been assumed that the easements necessary for the trail will be donated by the property owners. If land acquisition is necessary, the City's share of these costs is 75% and the District's share is 25%. After the many years of planning, we look forward to this phase of the project proceeding. Sincerely, obert C. Obermeye Barr Engineering Company Engineers for the District C: Board of Managers Paul Haik Purgatory Creek Recreation Area Trail System Engineering Cost Estimate PRELIMINARY ESTIMATE Purgatory Creek Recreation Area Trail System QUantiEes and Totals - 4/242003 -"ITEM'DESCRIPTION'?;:•'--T ,`'' ;'V:UNI ,P4`AMOUN45 IT COST:;. .S77AL CUST:, ..=STARING,_ +..WEST".-=.....NORT-1- ._ __EAST, ; _SOUR-1 REMOVE GROUTED RIPRAP _CU YD 146 21.95 3204.70 146 _ , REMOVE W-BEAM GUARDRAIL LN FT 130 45.50 5915.00 130 _ - CLEARING AND GRUBBING AC 7.69 4200.00 32293.00 1.18 261 0.98 1 1.92 GEOTECTILE FABRIC TYPE V SQYD 13933 4.50 85198.50 4342 3399 2733 4063 4396' REMOVE 12"R.C.APRON EACH 1 225.00 225.00 1 REMOVE 18"RC APRON EACH 1 250.00 250.00 1 REMOVE 30"RC APRON EACH 1 275.00 275.00 1 REPLACE 12"R.C.APRON EACH 1 - '255.00 255.00 1 REPLACE 18"RC APRON EACH 1 275.00 275.00 1 REPLACE 30"RC APRON - EACH 1 350.00 350.00 e - 1 12"C.M.APRON EACH' • 1 . 200.34 .200.34 1 12"C.P.E.APRON , ' EACH 11 200.34 2203.74 8 2 1 15"C.P.E.APRON EACH 2 198.55 397.10 2 18"C.P.E.APRON EACH 9 173.63 1562.67 2 3 4 24"C.P.E.APRON • EACH 7 214,97 1504.79' 1 6 36"C.P.E.APRON EACH 2 527.09 1054.18 " 4'PERFERATED DRAIN TILE LN FT 1750 . 5.50 9625.00 1500 250' 12"R.C.PIPE SEWER _ LN FT 16 20.3 324.80 - 16 18"R.C.PIPE SEWER ' LN FT 74 30.28 2240.72 8 66 30"R.C.PIPE SEWER LN FT 94 81,13 7626.22 16 78 12"C.P.E.PIPE SEWER . • LN FT 168 19.95 3351.60 80 40 . 48 15"C.P.E.PIPE SEWER LN FT 30 25.89 776.70 30 18"C.P.E.PIPE SEWER LN FT 116 30,2E 3512.48 40 76 24"C.P.E.PIPE SEWER LN FT ' ',128 50,45 6457.60 128 36"C.P.E.PIPE SEWER LN FT 40 123.00 • 4920.00 40 CONSTRUCT CATCH BASIN DESIGN"F" LN FT 5' 283.80, 1419.00 5 CONSTRUCT CATCH BASIN DESIGN,CURB INLET EACH 1 895.00 895.00 1 CONCRETE APRON SPECIAL EACH 1 2500.00 2500.00 . 1 ADJUST MANHOLE CASTING ASSEMBLY . • EACH 8 375.00 • 3000.00 3 1 4 REBUILD 1'OP MCES 48"MANHOLE LN FT 14 273.80 3833.20 8 . 6 REBUILD TO MANHOLE _LN.FT 24 273.80 6571,20 24 CONSTRUCT 48"STANDARD MANHOLE LN FT 7 ' 273,80 1916.60 - 7 GRANULAR SUB-BASE . CU YD 4315 ' 12.50 •53937.50 879 1058 676 720 _ 982 BASE CLASS V CU YD . 2725 15.00 40875.00 546 676 413 461 629 COMMON BORROW . ' CUYD 13053 9.90 129224.70 .1111 2544 •1874 3801 3723. 3"PAVEMENT SQYD 13263 7.20 95493.60 • ,2618 3353 - 1827 2314 3151 TOP SOIL •• ' ' CU YD 5581 '0.50 2790.50• 729 1733 1226 786 1107 ROCK 3/4 PLUS • , CUYD 447 16.00 7152.00 142 62 18 86 139 GRAVEL PATH SURFACE CLASS II CU YD 109 17.00 1853,00 17 92 GRADING SQYD 38694 1.20 46432.80 5255 12527 5206 6423 9283 TREE 2"DIA. EACH 141 450.00 63450.00 30 26 19 27 40 TURF ESTABLISHMENT AC 6.81' 4000.00 27240.00 . 1.49 2,19 0.84 0.95 1.34 SOD SQYD _ 4343 • 3.95 17154.85 974 1041 693 . 691 944 MODULAR RETAINING WALL SO FT 1930 17.00 32810.00 1930 , RANDOM RIP RAP CLASS IV CU YD 225 87.33 19649.25 36 15 44 130 RANDOM RIP RAP CLASS V CU YD 207 91,65 18971.55 207 CONTROL STRUCTURE BRIDGE AND RAILING LS 1 3000.00 3000.00 1 30'x 10'CONTINENTAL BRIDGE EACH 1 13700.00 13700.00 1 90'x'10'CONTINENTAL BRIDGE EACH' 1 43300.00 43300.00 1 70'x 10'CONTINENTAL BRIDGE '. EACH 1 28700.00 ' 28700.00 ' t BRIDGE ABUTMENT INCLUDING STEEL PILING SUPPORT EACH 6 16727.00 100362.00 4 I 2 W-BEAM GUARDRAIL LN FT _ 76 . 550.00 41800.00 76 - , SPLITRAIL'FENCE LN FT 1670 7.00 11690.00 440 100 240 210 680 ACCESS GATE . EACH 2 450.00 - 900.00 • EXCAVATION ' CUYD 10423 3.56 37105.138 2110 5699 1583 664 367 • BACKFILL a CU YD 10788 2.88 31069,44 1869 2042' 1473 999 4405. COMPACTION CU YD 11145 1.06 11813,70 1869 932 • 2940 999 4405 REMOVE EXCAVATED MATERIALS CU YD 5839 9.90 57806.10 303 5265 116 112 43 SURCI•IARGE'FILL CU YO 8357 9.90 82734.30 2373 3288 2696 REMOVE SURCHARGE FILL . CUYD 6684 12.75 85221,00 1898 2630 2156 WOODCHIPS • T ' . CUYD 4667 2.50 11667.50 2967 . 1700 GEOTEXTILE FABRIC TYPE V FOR SOIL CORRECTION SQYD • 6224 . 2,75 17116.00 3956 2268 GEO GRID•MAT" SQYD 9331 5.50 51320.50 5932 . 3399 SETTLEMENT PLATE EACH 53 _ 500.00 26500.00 - 16 • 12 _ 25 PIEZOMETER ' EACH 20 _ 1500.00 .30000.00 7 7 6 EXCAVATION FOR SOIL CORRECTION CUYD 7000 3.56 24920.00 - 4450 2550 REMOVE EXCAVATED MATERIALS FOR SOIL CORRECTION CU YD 7000 9.90 69300.00 4450 2550 EROSION CONTROL SPECIAL ENTRANCE EACH 8 4088.87 32710.96 3 1 1 . ' 2 1 EROSION CONTROL SILT FENCE LN FT 17060 , 2.75 46915.00 1800 4610 4243 2242 4165 EROSION CONTROL SPECIAL TURF COVER • AC 6.53 3500.00 22855.00 1.21 2.19 0.84 0.95 1,34 EROSION CONTROL INSTREAM FLOTATION CURTAIN • EACH 3 _ 2500.00 7500.00 2 1 MOBILIZATION LS 95000 1.00 95000.00 20000 20000 20000 15000 20000 MISCELLANEOUS LS 42000 • 1.00 42000.001l 2000 10000 15000 5000 10000 ^TOTAL COST 51,769,061.57 .i- 29145.88 71292.99 25349.66 43552.9 43795.6 CITY COUNCIL AGENDA DATE: May 6,2003 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO: Office of the City Manager— Award Contract for Branding/Marketing Plan �+ Jodi Hoag,Public Relations for the City fI - Coord./Scott Neal, City Manager Motion: Move to: Award the contract for the City's branding theme and marketing plan development to Creative Marketing Consulting in the amount of$21,100. Synopsis: The City issued a request for proposals for a branding theme and marketing plan on March 10, 2003. The RFP was sent to 18 vendors. Two bids were received by the March 21, 2003, deadline. One of the bids was disqualified because it did not meet the specifications set forth in the RFP. Staff interviewed the other bidder, Creative Marketing Consulting, and contacted the references provided. Staff is confident in the company's ability to successfully complete the project and recommends approval of the contract. Attachments: Request for Proposal Creative Marketing's Proposal Request for Proposal For Branding Theme and Marketing Plan For the City of Eden Prairie The City of Eden Prairie, Minnesota is requesting proposals from marketing/communications firms to develop a comprehensive branding theme and marketing plan for the City. Among the services a firm would provide are: • Conduct appropriate market research • Conduct assessment interviews with key audiences (residents, business executives, city officials, state and county officials, school officials) • Conduct internal interviews with City staff on internal perceptions about Eden Prairie • Conduct communications audit ( number of current logos, taglines, themes currently in use) • Prepare a communications plan featuring: • Executive Summary • Objectives for residential & business communities • Key message topics • Primary brand message • Short, medium, and long term tactics (see below) • Create a graphic design theme including a logo • Create new graphic elements for the City website Examples of tactics: • Short-range • Graphics Standards Manual • Templates for news releases, memos, and faxes • New graphics for website Medium-range • Internal launch at City Center • External launch at Council meeting • News media kits with branding announcement • Logos on all City vehicles, signs, etc • Rebrand all City publications Long-range • Media relations training for elected officials Gq You must provide the following information and submit the required materials (10 sets): 1. Firm name, contact name, address, phone and fax numbers. 2. Key personnel who will be responsible for the project and their education, credentials, and experience. 3. Years in business. 4. Services provided by the firm. 5. Services that would be contracted for from other consultants. 6. Samples of your previous work including graphic design examples in print and on web, marketing plans, and taglines. 7. References: Please supply three references that can provide information about the firm's track record in providing services. Each reference should include: a. Client name b. Contact Name c. Telephone Number d. Services provided 8. A proposed scope of work for providing the services described above. 9. Timeline for services provided. 10.A line item description of your not-to-exceed professional fee. If the City elects to work with a marketing/communications firm to provide these services, the City will select a firm from among those that respond to this RFP. The criteria, in order of importance, for selection will be: 1. Experience and technical competence. 2. Experience relevant to the specific project. 3. Proximity/familiarity with the City of Eden Prairie. 4. Past record of performance. 5. References. 6. Cost (Pricing Structure). The submittals must be received no later than [time] 4:30 pm local time, March 21, 2003, at Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota 55344; attn Jodi Hoag, Public Relations Coordinator. 70 CITY COUNCIL AGENDA DATE: 05/06/03 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Code Amendment Outdoor Storage&Displays Donald R.Uram Exempting Farmers from the 60 Day Timer •!— Michael Franzen Period Requested Action • Approve 2nd Reading of the Ordinance Related to Outdoor Storage & Displays by Exempting Farmers from the 60 Day Time Period Synopsis The ordinance would exempt farmers from the 60 day time period for outdoor storage and display. The ordinance would be consistent with State Statute. Attachments 1. Ordinance for Code Change 1I CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.03, SUBD.3,J.2., RELATING TO OUTDOOR STORAGE AND DISPLAYS; 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 11.03, Subd. 3, J. 2.,is amended by adding a new item(d)to read as follows: (d) Exemption. The 60 day time period in this Section shall not apply to farmers who sell produce from the farm on land occupied and cultivated by themselves. For the purpose of this Section only, "farmer" shall be defined as one who engages, as an occupation,in farming operations as a distinct activity for the purpose of producing a farm crop. Section 2. 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 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 15th day of April, 2003, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 6th day of May, 2003. Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Sun Current on the day of ,2003 CITY COUNCIL AGENDA DATE: May 6,2003 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget Award Employee Dental Insurance Coverage to Karen Kurt,Human Resources Delta Dental Y.-t- . In • Manager Don Uram,Director Requested Action Move to: Award employee dental insurance coverage to Delta Dental. Synopsis As required by statute, the City issued a request for proposal for employee health, life, long term disability, and dental insurance for the 2003 benefit year. Currently the City has a two part dental plan. Preventative care is a part of our health insurance through Medica and non-preventative care is covered through the City's reimbursement program. Based on projected trends, we are recommending that the City's current coverage be converted to a traditional dental insurance plan offered by Delta Dental. The Delta Dental plan maintains the City's current benefit schedule and is similar to the dental programs offered at other cities. The plan is an enhancement in that: • It provides a wide network of dentists (over 87%of metro area participate) and out of network benefits. Employees are no longer limited to the narrow Medica network for their preventative care. • Employees' maximum benefit is$1000 per covered family member per year under the Delta plan. The City's current policy has an annual maximum of$1000 per family unless excess funds are available at the end of the year. • Employees will on longer have to pay for their non-preventative care upfront and wait for reimbursement. We believe that the Delta Dental plan will provide a stronger,more competitive benefit to employees at limited additional cost. This change has been reviewed with staff and has received a positive response. The City will incur no additional expenses as a result of this conversion in 2003. Attachment Dental Insurance Application 41 DELTA DENTAL' Delta Dental Plan of Minnesota 3560 Deka Dental Drive Eagan,MN 55122 3166 651-406-5900 or 1-800-328-1188 Master Dental Contract Application Individually Rated Plans PART A-COMPANY INFORMATION Legal Company Name City of Eden Prairie Address 8080 Mitchell Road Phone( 952_) 949-8300 City Eden Prairie State MN Zip Code 55344-4485 Plan Effective Date: June 1,2003 Plan Benefit Year. ❑ Calendar® Other: June 1—May 31 Total number of eligible*employees 296 'Eligible employees are Full-Time employees working 40 hours or more per week and Part-Time employees working 32 hours or more. Eligibility waiting period for new employees: Other: Coverage begins on Date of Hire Type of Coverage: ❑ Employee Only ® Employee and Dependents Participation Requirements: Employee: 100% Dependent: 44% Does your company currently have a dental plan? ® Yes(name of carrier) Medica (Attach copy of most recent billing statement) 0 No ❑ Medical Lock(include a copy of most recent medical billing statement), PART B- DENTAL PROGRAM - PRODUCT/NETWORK ❑DeltaPremier®Program ❑DettaPreferred Option Program DeltaUSA Program 0 Other DeltaPremter USA ® DeltaPreferred Option USA PART C - PLAN DESIGN DPO Prem DPO Prem Diagnostic&Preventive 100% 100% DEDUCTIBLES: Basic Services 80% 80% Annual: $25 $25 Endodontics 80% 80% Family Maximum: $75 $75 Periodontics 80% 80% Applies To: B1a-C2 0 A-C2 0 B2-C2 0 C1-C2 Oral Surgery 80% 80% Complex or Major Restorative Services 50% 50% Prosthetic Repairs 50% 50% MAXIMUMS: Prosthetic Services 50% 50% Annual Per Person: $1,000 $1,000 Traditional Orthodontic Plan 50% 50% Lifetime Orthodontics: $1,800 $1,800 ® Dependent Child Only ® Adults and Dependent Child 0 Duplication of current plan Open Enrollment Information;Specify: The City of Eden Prairie will have open enrollment every two years. U1MA7 117-1 01171 PART D - ORTHODONTICS ® PLAN I—TRADITIONAL ORTHODONTICS ® PLAN i I—ORTHODONTIC DISCOUNT PLAN Does the prior dental plan have orthodontic coverage? ® Group Plan— enrolled Eligible Employees ® Yes ❑ No ❑ Voluntary Plan—Individual Enrolled Employees 0 Other 0 Waive waiting period for existing employees and keep 12-month waiting period for new employees ® Waive waiting period for all employees ❑ Include 12-month waiting period for all employees PART E - FUNDING TYPE PAYMENT METHOD ® Risk 0 Retention ❑ ASO 0 Other _I; Check 0 Wire Transfer 0 ACH AGENT OF RECORD (if any) Name: Jeff Azen Agency: James Bissonett&Associates,Inc. Address: 7901 Flying Cloud Drive Phone: 952.746.9261 Suite 154 Fax: 952-944-7056 City: Eden Prairie State: MN Zip Code: 55344 41.1522817 Tax ID Number --~�� Note: Commissions will be paid to this TIN. IN-87856 `Arrt 3igt3atu MN Insurance Agent License ID Number PR IUM REMITTANCE Monthly billings and appropriate remittance must be received by Delta Dental on the first of each month. Additions or deletions will occur at the beginning of each calendar month. Instructions: 1. Complete application. 2. Have each employee complete and sign a Membership Enrollment Form(excludes Tape Eligibility). 3. Send the original application,completed Membership Enrollment Forms and the initial remittance (if applicable)to the address on the first page—ATTN;Marketing. 4. Delta Dental will send a contract upon acceptance of the application. Group Administrator: By signing below, I verify that the information on this application Is correct and that the eligible employees are in fact employed by my company and agree to provide substantiating evidence when requested. If issued,the contract may become null and void at the option of Delta Dental if for a period of three consecutive months,or upon renewal,the number of enrolled employees becomes less than five, Delta Dental will send a contract upon acceptance of the application. The contract will indicate the effective date of coverage. The contract Is effective only after Delta Dental has accepted this application and sent a contract to the group. The group administrator's signature does not cause the application to become effective as a contract, Any misrepresentations of submitted data will cause the contract,if Issued,to be null and void at the option of Delta Dental. SIGNATURE BOX Signature of Authorized Company Official Date Administrator's Name (please print) Title Administrator's Title M20083112.19-02) -75 CITY COUNCIL AGENDA DATE: May 6,2003 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget Award Employee Life Insurance Coverage to Karen Kurt,Human Resources Standard Insurance Company N Manager Don Uram,Director Requested Action Move to: Award employee life insurance coverage to Standard Insurance Company. Synopsis As required by statute, the City issued a request for proposal for employee health, life, long term disability, and dental insurance for the 2003 benefit year. We are recommending Standard Insurance Company as the carrier for employee life insurance. Standard Insurance has the same industry rating as our previous carrier and was able to offer basic life coverage at lower rates. The conversion to coverage under Standard Insurance will save the City approximately $ 4, 134 per year. Rates for supplemental life coverage, which is paid for by employees, will remain the same. Attachment Life Insurance Application STANDARD INSURANCE COMPANY Application for Group Insurance Employee Benefits-Underwriting 900 SW Fifth Ave.Portland,OR 97204-1282 Please type or print REQUESTED EFFECTIVE DATE June 1, 2003 APPLICANT Full Legal Name of Group(Exactly as it is to be shown in the policy.) City of Eden Prairie Street Address 8080 Mi t-r_hp11 Road City Eden Prairie State MN Zip Code 55844 Phone Number ( 952 ) 949-830() FAX Number ( 952 ) 949-8383 Group Contact Karen Kurt Contact's Title Human Resource Manager Contact's Phone No.if different ( 952 ) 949-8437 Contact's FAX No.if different ( 952 ) 949-8589 Nature of Business Municipal i fy INSURANCE COVERAGE REQUESTED El Life Only 0 Supplemental Life ❑ Dental/Employees ❑ LTD ❑ © Life&AD&D © Additional Life 0 Dental/Employees and Dep(s) 0 STD ❑ © Dependent Life 0 Stand Alone AD&D ❑ Dental/Orthodontia 0 LTD with Transitional Duty Agreement OTHER INSURANCE A. Does this insurance supplement other insurance? 0 Yes El No If yes,specify for each line of coverage and Insurance Carrier: B. Does this insurance replace existing insurance? ®Yes ❑No If yes,specify for each existing line of coverage: EE Basic Life and.AM&D, Dep. Life, Suppl. Life • Please submit a copy of each in force policy,certificate or plan document. Effective date of Prior Plan: June 1 , 1998 Termination date of Prior Plan: May 31, 2003 ACTIVE WORK REQUIREMENT:A person must meet an Active Work requirement to become insured.Will all proposed insureds meet the Active Work requirement? ®Yes 0 No(Does not apply to Dental.)--- APPLICANT AGREES THAT I hereby apply for Group Insurance as provided in the attached proposal. The above information is true and correct to the best of the Applicant's knowledge and belief. It forms the basis for this request for group insurance. If the requested insurance is acceptable to Standard Insurance Company under its current rules and practices and is legally permissible, a Group Policy will be issued in the language customarily used by Standard. It will be effective on the date determined by Standard.No agent or broker has the authority to guarantee the acceptability of the requested insurance. Standard may issue separate Group Policies if more than one coverage is requested in this Application.The insurance, if approved, will be subject to Standard Insurance Company's usual underwriting requirements, including the exclusions and limitations in the Group Policy and, if applicable, Evidence Of Insurability.The effective date of insurance for which a person is required to submit satisfactory Evidence Of Insurability will.be determined in accordance with the terms of the Group Policy, subject to the Active Work requirement. No premiums will be collected or paid by the Applicant for such insurance until notification of approval. No material describing coverage under the Group Policy will be distributed by the Applicant to any person to be insured without the prior written consent of Standard Insurance Company. Premium rate quotations were based on data submitted to Standard. Final premium rates will be determined by the actual composition of the group. The consideration for any Group Policy which may be issued is this Application and the payment of premiums.Payment of premium after receipt of the Group Policy is acceptance of the terms of the Group Policy. This Application,including the attached proposal,is made a part of the Group Policy. Signature and Title of Applicant's Authorized Representati Signature of Witness Signat • �'sed Agent(w :re required by law) • Apri 1 22, 2003 .1 g"•ti0,tat Date icense# (Must be signed prior to the requested effective date.) X Initial Deposit$ SI 08-7364-W (2101) 1-1 CITY COUNCIL AGENDA DATE: SECTION: ORDINANCES AND RESOLUTIONS May 6,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Second Reading of an Ordinance Amending City j d4 6-y) q5 Office of City Manager Code Chapter 2.25 and 226,Relating to the Board of Adjustments and Appeals U 111 . O . Requested Action Move to: Approve the second reading of the Ordinance amending City Code Chapter 2,relating to the Board of Adjustments and Appeals. Synopsis The City Code is being amended to reflect that the Community Planning Board shall serve as the Board of Adjustments and Appeals. Background The City Council approved the first reading of this ordinance at the March 4, 2003 meeting. The proposed ordinance, if ultimately approved by the City Council,will dissolve the separately constituted Board of Adjustment&Appeals (BAA). The functions and responsibilities of the BAA will be transferred to the Community Planning Board. Upon final approval, the members of the Community Planning Board will serve simultaneously as both the City's Community Planning Board and its Board of Adjustments &Appeals. This item was prepared at the request of the City Council,pursuant to the Council's discussion at its February 18, 2003 Workshop. City staff advanced this item to the City Council and recommend the Council's affirmative reading of the ordinance's first reading. Attachments Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY MINNESOTA ORDINANCE NO. 12-2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.25,RELATING TO COMMUNITY PLANNING BOARD; AMENDING SECTION 2.26,RELATING TO THE BOARD OF ADJUSTMENTS AND APPEALS; 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 Section 2.25 by adding Subd. 2. D. as follows: SECTION 2.25 COMMUNITY PLANNING BOARD Subd.2. D. The Community Planning Board shall serve as the Board of Adjustments and Appeals. Section 2. The Eden Prairie City Code shall be amended by amending Section 2.26, Subd. 1 and repealing Subd. 3 as follows: SECTION 2.26 BOARD OF ADJUSTMENTS AND APPEALS Subd. 1.Establishment. The Board of Adjustments and Appeals("Board")is hereby established. The Community Planning Board shall serve as the Board of Adjustments and Appeals. Subd. 3. Repealed. Section 3. 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 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of March,2003, and finally read and adopted and ordered published at a regular meeting of the City Council of said Council on the of , 2003. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on the day of ,2003. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing May 6,2003 DEPARTMENT: ITEM DESCRIPTION: Vacation 03-05 ITEM NO.: Engineering Vacation of Drainage and Utility Easement over A Dave Olson part of Lot 32,Block 1,Hennepin Village , Eugene A.Dietz Requested Action Move to: 1. Close the public hearing and 2. Adopt the resolution vacating the drainage and utility easement over part of Hennepin Village. Synopsis Ryland Homes has requested the vacation of the portion of the drainage and utility easement identified on the attached drawing. The encroachment of approximately 2.5 feet into the easement area is requested to facilitate construction of a covered front stoop for the townhome unit located on this lot. Vacation of this easement will not encumber access to the storm sewer located in the easement. Attachments Vacation Drawings CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. VACATION OF DRAINAGE AND UTILITY EASEMENT IN HENNEPIN VILLAGE VACATION 03-05 WHEREAS,the City of Eden Prairie has a certain drainage and utility easement described as follows: All that part of Lot 32,Block 1,Hennepin Village,according to the recorded plat thereof,Hennepin County, Minnesota,described as follows: Commencing at the intersection of the westerly line of the easterly 10.00 feet of said Lot 32 with the southerly line of said Lot 32; thence on an assumed bearing of North 15 degrees 39 minutes 27 seconds West, along said westerly line, a distance of 36.80 feet to the point of beginning; thence continuing North 15 degrees 39 minutes 27 seconds West, along said westerly line, a distance of 17.80 feet;thence North 76 degrees 15 minutes 23 seconds East,a distance of 2.43 feet;thence South 13 degrees 44 minutes 37 seconds East,a distance of 17.79 feet;thence South 76 degrees 15 minutes 23 seconds West,a distance of 1.84 feet to the point of beginning. WHEREAS, a public hearing was held on May 6, 2003, after due notice was given to affected property owners and published in accordance with M.S.A.412.851;and WHEREAS, it has been determined that the said drainage and utility easement is not necessary and has no interest to the public,therefore,should be vacated. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easement as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on May 6,2003. ATTEST: Nancy Tyra-Lukens,Mayor SEAL • Kathleen A.Porta,City Clerk • 19 Description Sketch for: RYLAND HOMES T Is IT1 V 1 v 0`, 1 1- LAP%E PQ�cH1-1GNT35.76 N78.21'14"E G r ' r` l '1" a C(�� / o —, 10 ' ` v AND U11UN 5ASEME ' _ -_.--— 1 ;.`. y —J PER PAST Z-a ` v u: N OSED EASEMENT S 0 `a., �PRpgE VApAjED w. o .. �`` o 2. ....1. t.n k, 320 - C. "" -n ' ;. sO W O ,, % - ; i C..) 0 o \� a,� ♦� 1 W tW ,N� N \v C N `1 I ``N \ 1,- ,,Av v 1i 10 32 [��' !S,LY LINE OF L01 c6?Ji -i i. -- We:0 21•E 2h.g'1' v..i „ — N \ — k 1' i �' c \k• � I I 1A ti �� ---- 1 Inch = 20 Feet PROPOSED LEGAL DESCRIPTION FOR EASEMENT TO BE VACATED All that part of Lot 32, Block 1, HENNEPIN VILLAGE, according to the recorded plot thereof, Hennepin County, Minnesota, described as follows: Commencing at the intersection of the westerly line of the easterly 10.00 feet of said Lot 32 with the southerly line of said Lot 32; thence on an assumed bearing of North 15 degrees 39 minutes 27 seconds West, along sold westerly line, a distance of 38.80 feet to the point of beginning; thence continuing North 15 degrees 39 minutes 27 seconds West, along said westerly line, a distance of t7.80 feet; thence North 76 degrees 15 minutes 23 seconds East, a distance of 2.43 feet: thence South 13 degrees 44 minutes 37 seconds East, a distance of 17.79 feet; thence South 76 degrees 15 minutes 23 seconds West, a distance of 1.84 feet to the point of beginning. * THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND, EASEMENTS OF RECORD OR UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND. WE HEREBY CERTIFY TO RYLAND HOMES THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT SUPERVISION, AND THAT i AM A DULY UCENSED LAND SURVEYOR UNDER LAWS OF THE STA MINNESOTA, DATED THIS 18TH DAY OF MARCH, 2003. SI E : IONEER ENGIN I , P.A. B . John C, Larson, Land Surveyor Minnesota License No. 19828 * 2422 Enterprise Drive ** Mendota Heights, MN 55120 *PIONEER ,u,o su,, .cm.sea (651) 681-1914 FAX *eng�tiering LIep-.wEe5. LA+a A^°' Ts 625 Highway 10 N.E. Blaine, MN 55434 *- ** (783) 7/33-1880 FAX 102369502.DWG JJS 102369.01 03 — 123 3316 U0 CITY COUNCIL AGENDA DATE: 05/06/03 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Donald R.Uram The Cove 2nd Addition Scott A.Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 3.2 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review within the R1-22 Zoning District on 3.2 acres; and • Adopt the Resolution for Preliminary Plat of 3.2 acres into 3 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis The proposal is for subdividing two existing single-family lots to create a third single-family lot on Bryant Lake. The project requires approval of alternative wetland buffer strips and setbacks. Background Information The plan previously reviewed by the City Council included a waiver for no wetland buffer and no wetland setback from the existing wetland for lots one and three. Lot two met the required 50 foot wetland buffer and the 15 foot structure setback from the buffer. The current plan includes a request to use the alternative buffer strip and setback allowed by the Wetland Protection Ordinance. The alternative is a 30 foot minimum and 45 foot average buffer strip and 15 foot buffer setback. The alternative may be used because of the unique physical characteristics for the parcel and to allow for the reasonable use of the land based on an assessment of the following. • Undue hardship would arise from not allowing the alternative, or would otherwise not be in the public interest. • Size of the parcel • Configuration of roads and utilities • Percentage of parcel covered by wetlands. • Configuration of wetlands on the parcel. • Results of water quality testing pursuant to Subdivision 4E. The staff assessment of the above criteria results in the following findings. • The existing house on lot three currently encroaches into wetland setback. Lot one and three would have a limited useable backyard in comparison to other lots on the lake. City Council Agenda—The Cove 2nd Addition May 6,2003 • The size of the parcel is 147,500 square feet. • The existing wetland is a narrow strip which varies from zero to 15 feet in width across all three lots. • The size of the wetland on the lots is approximately 5,000 square feet or 3% of the total parcel. • The wetland is high quality. Water testing is only required for exceptional quality wetlands. • The alternative buffer and setback protects an equivalent amount of buffer overall as would be required as the required 50 foot buffer and 15 foot setback. • The 70 foot wide buffer on lot 2 also protects existing oak trees. Staff Recommendations The staff recommends approval of the plan with the alternative buffer and setback based on the following conditions. • Provide a wetland conservation easement over the wetland buffer. • Submit a Vegetation Management Plan for the wetland buffer strip for review and approval by City staff. This plan shall include the planting of appropriate seed mixtures, and or plants and trees. • Existing turf grass shall be removed. • All existing structures must be removed from the wetland buffer strip. • A performance bond is required to guarantee implementation of the Vegetation Management Plan. • The owners may create a minimal path to the lake that could be used for recreational use. This area shall be incorporated into the Vegetation Management plan as a grassed area. • Each lot may have a dock as permitted by the Shoreland Ordinance. Attachments 1. Resolution for PUD Concept 2. Resolution for Preliminary Plat VILLAGE OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 549 AN AMENDMENT TO EDENVALE PLANNED UNIT DEVELOPMENT - PUO 70-4 BE IT RESOLVED by the 'Village Counci 1 of the Vi l 1age of Eden Prairie as follows : THAT, approval be given to an amendment to the Edenvale Planned Unit Development Plan adopted on August 25, 1970 that would include realignment of the fairways in the Edenvale Golf Course, realignment of residential areas adjacent to the golf course and a proposal for a neighborhood commercial center at the intersection of Valley View and Mitchell Roads combined with a church site of 4.2 acres and the inclusion of a 160,000 square foot mall shopping facility at Mitchell/ Valley View in the south quadrant. ADOPTED by the Village Council on July 25;7 1972. ,,.l /9 t �► 6 0,6 Paul R. Redpath, Ma r ATTEST: SEAL Edna M. HoiTmg ren, U THE COVE 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF THE COVE 2ND ADDITION FOR RICK LAMETTRY WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Community Planning Board did conduct a public hearing on April 14,2003 for The Cove 2nd Addition by Rick Lamettry and considered the request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on February 18, March 4,April 1 and May 6, 2003. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Cove 2nd Addition, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated May 2, 2003. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated January 27, 2003. ADOPTED by the City Council of the City of Eden Prairie this 6th day of May, 2003. Nancy Tyra-Lukens,Mayor Kathleen A. Porta, City Clerk VI EXHIBIT A PUD Concept- The Cove 2nd Addition Legal Description: Lot 12 and 13,Block 1,THE COVE,Hennepin County,MN. 15 THE COVE 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE COVE 2ND ADDITION FOR RICK LAMETTRY BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of The Cove 2nd Addition for Rick Lamettry dated May 2, 2003, and consisting of 3.2 acres into 3 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 6th day of May, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA DATE: 05/06/03 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning ' Donald R.Uram Ingram Property � `1 .0 Scott A.Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 5.19 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Rural to R1-13.5 on 5.19 acres; and • Adopt the Resolution for Preliminary Plat of 5.19 acres into 10 lots and road right-of-way; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This is for a 10 lot single-family proposal. Community Planning Board Recommendation The Community Planning Board voted 9-0 to recommend approval of the project at its April 11, 2003 meeting. Background Information The proposal is to rezone the property from Rural to R1-13.5 and subdivide the 5.19 acre site into 10 single-family lots. Density for the property is 1.9 units per acre. The Stonegate single- family development that surrounds the site is 1.7 units per acre. The property owner operates a commercial excavating business on his property. The City allows, and the property owner concurs, that the business use may continue while he remains the owner of the property. Mr. Ingram is selling the property to a developer. The purchase agreement allows Ingram to operate his business until October 15, 2005. He will continue to live in his home and the agreement provides that he will own his homestead lot. The remaining lots will be sold. This will permit the orderly development of the property while phasing out the commercial business in the residential zoning district. The property owner and/or developer will need to maintain the new public road that will serve the commercial business on the property until the spring of 2006. A maintenance bond will be required. City Council Agenda—Ingram Property May 6,2003 Page 2 The property will be final platted in two phases. Phase 1 will consist of the east six lots and the public road. The west half of the property will be platted as two lots that will include the existing house and accessory structures. Phase 2 will consist of the two remaining lots on the west half of the property once the commercial business ceases and accessory structures have been removed. This will occur on October 15,2005. The following waivers are requested as part of the PUD: 1. Lot 1 with 67 feet of frontage on a corner lot. City code requires 100 feet. The waiver permits the proposed road to align opposite the intersection of Stable Path at Geisler Road to the east. 2. Cul-de-sac length of 635 feet. City code maximum is 500 feet. The project is surrounded by existing development with no opportunity for off-site connection. The additional length is minor and allows all lots to meet City code for lot frontage. 3. Alternative wetland buffer width of 15 feet. City code requires 25 feet. This waiver is consistent with one granted for the same small wetland in the Stonegate development to the north. 4. Accessory structure site coverage of 9%, and accessory structure front yard setback of 8 feet. City code maximum is 7.5% and 30 feet, respectively. The waivers are the result of keeping the accessory buildings on the property and platting the road right-of- way as part of phase 1. They are temporary waivers to permit the commercial business on the property until October 15, 2005, at which time the waivers will cease and the structures removed as proposed. There are 245 diameter inches of significant trees on the property. Tree loss is 62 diameter inches, or 25%. Tree replacement is 20 caliper inches. The plan shows 155 caliper inches of tree replacement exceeding City code requirements. Attachments 1. Resolution for PUD Concept 2. Resolution for Preliminary Plat 3. Staff Report dated April 11,2003 4. Community Planning Board minutes dated April 14,2003 • 0� INGRAM PROPERTY CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF INGRAM PROPERTY FOR TODD INGRAM WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Community Planning Board did conduct a public hearing on April 14,2003 for Ingram Property by Todd Ingram and considered the request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on May 6,2003. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Ingram Property,being in Hennepin County,Minnesota,legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated April 29,2003. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated April 14,2003. ADOPTED by the City Council of the City of Eden Prairie this 6th day of May,2003. Nancy Tyra-Lukens,Mayor Kathleen A.Porta, City Clerk g9 EXHIBIT A PUD Concept- Ingram Property Legal Description: That part of the South 300 feet of the North 900 feet of the Northwest Quarter of the Northeast Quarter, of Section 30, Township 116,Range 22, lying East of the West 535 feet excepting therefrom the road. 90 INGRAM PROPERTY CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- RESOLUTION APPROVING THE PRELIMINARY PLAT OF INGRAM PROPERTY FOR TODD INGRAM BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Ingram Property for Todd Ingram,dated April 29,2003,and consisting of 5.19 acres into 10 lots, a copy of which is on file at the City Hall,is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances,and amendments thereto,and is herein approved. ADOPTED by the Eden Prairie City Council on the 6th day of May, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta, City Clerk � I STAFF REPORT TO: Community Planning Board THROUGH: Michael D. Franzen, City Planner FROM: Scott A. Kipp, Senior Planner DATE: April 11,2003 SUBJECT: Ingram Property APPLICANT/ OWNER: Todd Ingram LOCATION: 9500 Stable Path REQUEST: 1. PUD Concept Review on 5.19 acres. 2. PUD District Review with waivers on 5.19 acres. 3. Zoning District Change from Rural to R1-13.5 on 5.19 acres. 4. Preliminary Plat of 5.19 acres into 10 lots and road right-of-way. 9 D 7 - T-.Au►rlpfEs 2fOADOM}z '� ,�„m:, ' / , i76 1T6 i76 76[.DtY7'J7� 7� C lila�6 RF T�1. =I _s�.� {9s.-w'` "- >_ _, * ^ ; idGRA>�i PROPERTY is I s 1 1 70 2 30 Tp, ,X 16 �5 776 776 'L i ,t t 79785 iserl 7TW ,0. •j S •{ i 70 i54 TH 06A/i'ATH BDA70ATH ZEANNT 1 0EA 47N 9.�'r f'� "� �" T'O4NNHOlES TOWNiO.ES 7CV.fJ Ot.ES TOWN-U.ES TL%1M'1C.ES -.� 3AD ADM 77HADON 87HADQY 9THADOV TOTHADON ▪$,• ...as- 2.27 _ — _R_} I 572' RKE r-- • OAKPA „>� I _ _ "- - - 2 9221 7203 8249 3C.,7�D7 2ND • 7,\ s‘ ..\ -- -- - f 'Ssai 131 -t/) 0)2 51 41 /8 Biz 4d6 \ --.1. . '-"•`"• 1-• =IOTA n• " Ft o .431 R 17 16 <_ -� .- ,tl� (5) m xzs " 9203- 72 70 ''` rci �.o ..521 -47=. iY. _ leovrsrw 3.0-- :f.!6-- -2-•z: =,_ `'. • .iJM1 - _ • ,w1,�•� ▪- 8-v 8-r,'..;A� h :79°11,::: 74/' .. 12o BJ,% �'r .._r:. •" EY • ' ' ^'•`'::..: `Y( :50)a 9• :::.' '.e _ 7� �,�S1 N,�Ya t 1wr:r•1.. S )'irsR 7 d eJ • (3J : t:• ..-{104)�'(:105),;{iq6},- 1a7)..t y,,:0:,-, • , :T :'r'Si. 44j'.. s • • ,::.:t.,:_.A;,:r.;...,.;ice..t--r„�,: ,«` E�=▪. .,�. �p �,. - .MI 3.�x ...r, •t.r ,..,j 51TE ZOOS { .. •. - • •.7' =:'•: -r " `i 7t gy • +. �'.L:.Ln...'.:5.,• .k .. _ .la•' '.LV.• a s't 1{,, I ,,. u '.. •.x(115) • .. .' .. - .50 h96@D'37W 11003 10 :"-4Y:'.. 9L flaw ` 1f_ 0At 200.02 ' 1020 . ,_ asn fl..oeG1 (29) • a `': 0 �,,s°2 e • i i7 n �� i 411 b,.t p5 »t„ �'`.�\ ,,, 0,�9 --D�.."-' (^) i FRUI7WOODL4 w,n� 2 a$ ,\`--ram G--� Ja - •'d _ ,' 0 SI 0 -g •-I t-P •L�~off `� 1..o 210.32 i R O .61 Ur 44106 - OS I '? O a'` 1 8 91 F. 4. Q 1 ,S• `Qft 1 19I.74 ,p b 7• 4 1 x74 }, ce :e1 „, -• ',Al, ,p `., a , n �.,t,,�.E l OUTLOTO _ �, it i +•f . - -2. Staff Report—Ingram Property April 11,2003 Page 2 BACKGROUND The Comprehensive Guide Plan shows this property as Low Density Residential for up to 2.5 units per acre. Surrounding land uses consist of Low Density Residential,with single-family R1- 13.5 zoning to the north, west and south, and R1-9.5 zoning to the east. The property is zoned Rural with an existing house and two accessory use buildings. PRELIMINARY PLAT The proposal is to rezone the property from Rural to R1-13.5 and subdivide the 5.19 acre site into 10 single-family lots. Density for the property is 1.9 units per acre. The Stonegate single-family development that surrounds the site is 1.7 units per acre. Lot sizes range between 13,500 square feet and 31,335 square feet, with an average lot size of 19,147 square feet meeting code. All lots except one meet dimensional requirements of the City code. Lot 1 does not meet the minimum 100 feet width for a corner lot and will need a waiver through the PUD. USE OF EXISTING BUSINESS ON THE PROPERTY The property owner operates a commercial excavating business on his property. The City allows, and the property owner concurs,that the business use may continue while he remains the owner of the property. Mr. Ingram is selling the property to a developer. The purchase agreement allows Ingram to operate his business until October 15, 2005. He will continue to live in his home and the agreement provides that he will own his homestead lot. The remaining lots will be sold. This will permit the orderly development of the property while phasing out the commercial business in the residential zoning district. The property owner and/or developer will need to maintain the new public road that will serve the commercial business on the property until the spring of 2006. A maintenance bond will be required. The final platting of this property will take place in two phases. Phase 1 will consist of platting the east six lots and the public road. The west half of the property will be platted as two lots that. will include the existing house and accessory structures. Phase 2 will consist of platting the two remaining lots on the west half of the property once the commercial business ceases and accessory structures have been removed. This will occur on October 15, 2005. PLANNED UNIT DEVELOPMENT WAIVERS The following waivers are requested as part of the PUD: 1. Lot 1 with 67 feet of frontage on a corner lot. City code requires 100 feet. The waiver permits the proposed road to align opposite the intersection of Stable Path at Geisler Road to the east. 99 Staff Report—Ingram Property April 11,2003 Page 3 2. Cul-de-sac length of 635 feet. City code maximum is 500 feet. The project is surrounded by existing development with no opportunity for off-site connection. The additional length is minor and allows all lots to meet City code for lot frontage. 3. Alternative wetland buffer width of 15 feet. City code requires 25 feet. This waiver is consistent with one granted for the same small wetland in the Stonegate development to the north. 4. Accessory structure site coverage of 9%, and accessory structure front yard setback of 8 feet. City code maximum is 7.5% and 30 feet, respectively. The waivers are the result of keeping the accessory buildings on the property and platting the road right-of- way as part of phase 1. They are temporary waivers to permit the commercial business on the property until October 15, 2005, at which time the waivers will cease and the structures removed as proposed. WETLANDS Two off-site wetlands abut the property near the southwest and northeast corners of the site. A wetland buffer of 25 feet and buffer setback of 15 feet is required to meet City code. No alteration is proposed within either wetland or wetland buffer areas. The alternative wetland buffer of 15 feet is proposed for the northeast wetland and is described in the PUD Waiver section of this report. Conservation easements will be required over the wetland buffers. GRADING AND TREE LOSS There are 245 diameter inches of significant trees on the property. Tree loss is 62 diameter inches, or 25%. Tree replacement is 20 caliper inches. The plan shows 155 caliper inches of tree replacement exceeding City code requirements. There are also numerous evergreen trees that were planted around the perimeter of the site by the owner which will be maintained. DRAINAGE Storm water will be directed to a NURP pond in the southwest corner prior to discharge into the existing wetland. A drainage swale is proposed in the rear yard areas of the lots on the south side of the property. This swale is shown within a drainage easement. No structures or additional alteration will be permitted within the easement area. STABLE PATH AND UTILITIES The development, including the existing house, will connect to City sewer and water located adjacent to Stable Path. Stable Path may be constructed this summer. This improvement will include street, curb and gutter, sewer and water, storm sewer, and an eight foot wide bituminous trail on the west side. 95 Staff Report—Ingram Property April 11,2003 Page 4 STAFF RECOMMENDATION Staff recommends approval of the following request: • PUD Concept Review on 5.19 acres. • PUD District Review with waivers on 5.19 acres. • Zoning District Change from Rural to R1-13.5 on 5.19 acres. • Preliminary Plat of 5.19 acres into 10 lots and road right-of-way. This is based on plans dated April 10, 2003, the staff report dated April 11, 2003, and the following conditions: 1. Prior to 2"a Reading for the project,both Mr. Ingram and the developer will need to enter into a Development Agreement with the City which includes the removal of the commercial business and accessory buildings by October 15, 2005, and continued maintenance of the new public road including posting a maintenance bond until the spring of 2006. 2. Prior to release of the final plat for the property, the proponent shall submit conservation easements over the wetland buffers on the property. 3. Prior to grading permit issuance,the proponent shall: A. Notify the City and Watershed District 48-hours-in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. C. Provide written verification from the Watershed District regarding the delineation of the wetland. D. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. E. Properly abandon all private wells and septic systems on the property. 4. Prior to building permit issuance for the property,the proponent shall: A. Provide a tree replacement surety equivalent to 150% of the cost of the tree replacement improvements indicated on the approved plan. B. Pay the Cash Park Fee. 96 Staff Report—Ingram Property April 11,2003 Page 5 5. The following waivers have been granted through the PUD District Review for the property: A. Lot 1 with 67 feet of frontage on a corner lot. City code requires 100 feet. B. Cul-de-sac length of 635 feet. City code maximum is 500 feet. C. Alternative wetland buffer width of 15 feet. City code requires 25 feet. D. Temporary waivers for accessory structure site coverage of 9%, and accessory structure front yard setback of 8 feet. City code maximum is 7.5% and 30 feet, respectively. These waivers will expire on October 15, 2005. 13' Planning Board Minutes April 14,2003 Page 10 C. INGRAM PROPERTY by Todd Ingram. Request for Planned Unit Development Concept Review on 5.19 acres, Planned Unit Development District Review with waivers on 5.19 acres,Zoning District Change from Rural to R1-13.5 on 5.19 acres, and Preliminary Plat of 5.19 acres into 10 lots and road right-of-way. Location: 9500 Stable Path. Damn Laberee presented the project. He stated Scott Carlston will be involved in the project so that it blends well with his Stonegate project. Mr. Ingram wants to maintain the current structure. Six lots to the east will be constructed, utilities and road will be put in. There are four waivers and the reason for granting the waivers is to permit the proposed road to align opposite the intersection of Stable Path at Geisler Road, there is no feasible way to connect the cul de sac, the wetland buffer is the same as the project to the north and the accessory structures are temporary. Franzen stated that staff report calls for approval according to recommendations on page 4 and 5 on the staff report. The project will be phased in over a two year period. Koenig stated she thinks it's a good project and will be a good addition. She was pleased that there was not going to be too much tree loss with the project. MOTION by Sodt, second by Nelson,to close the public hearing. Motion carried, 9-0. MOTION by Sutherland, second by Nelson, recommend approval of a Planned Unit Development Concept Review on 5.19 acres, Planned Unit Development District Review with waivers on 5.19 acres, Zoning District Change from Rural to R1-13.5 on 5.19 acres, and Preliminary Plat of 5.19 acres into 10 lots and road right-of-way, based on plans dated April 10, 2003, subject to the recommendations of the staff report dated April 11,2003,to the City Council. Motion carried,9-0. tU CITY COUNCIL AGENDA DATE: 05/06/03 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Donald R.Uram Wedding Day Jewelers • Danette M.Moore Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Amendment on 0.68 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial-Regional-Service Zoning District on.68 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Community Planning Board recommendations and City Council conditions. Synopsis The proposal is for a 4,250 square foot jewelry store. Community Planning Board Recommendation The Community Planning Board voted 9-0 to recommend approval of the project to the City Council at the April 14, 2003 meeting. Background Information The project involves remodeling the existing 2,641 square foot structure for office and adding on an additional 1,583 square feet for retail space. The plan meets all zoning requirements for the Commercial Regional Service Zoning District. Attachments 1. Resolution for PUD Concept 2. Staff Report dated April 11, 2003 3. Community Planning Board minutes dated April 14,2003 WEDDING DAY JEWELERS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF WEDDING DAY JEWELERS FOR MARQUIS JEWELERS WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Community Planning Board did conduct a public hearing on April 14, 2003 for Wedding Day Jewelers by Marquis Jewelers and considered the request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on May 6,2003. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Wedding Day Jewelers,being in Hennepin County,Minnesota,legally described as outlined in Exhibit A,is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated May 2, 2003. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated April 14, 2003. ADOPTED by the City Council of the City of Eden Prairie this 6th day of May,2003. Nancy Tyra-Lukens,Mayor Kathleen A.Porta, City Clerk l00 EXHIBIT A PUD Concept- Wedding Day Jewelers Legal Description: Lot 2,Block 2,The Preserve Commercial Park North 2nd Addition,Hennepin County, Minnesota /01 STAFF REPORT TO: Community Planning Board FROM: Danette M. Moore,Planner THROUGH: Michael D. Franzen, City Planner DATE: April 11, 2003 SUBJECT: Wedding Day Jewelers APPLICANT: Marquis Jewelers OWNER: Joginder Cheema LOCATION: 8320 Crystal View Road REQUEST: 1. Planned Unit Development Concept Amendment on 0.68 acres 2. Planned Unit Development District Review on 0.68 acres 3. Zoning District Amendment within the Commercial Regional Service Zoning District on 0.68 acres 4. Site Plan Review on 0.68 acres Area Location Map: Wedding DayJewelers 8320 Crystal View Road Regional Center Road Middleset Road , SITE \ Crystal View Road Flying Cloud Drive//Hwy #212 � Prairie Center Drive / Z\Vo cale /03 Staff Report—Wedding Day Jewelers April 14, 2003 Page 2 BACKGROUND The Comprehensive Guide Plan shows the site as Regional Commercial. The 0.68 acre site was zoned Commercial Regional Service in 1984 as part of The Preserve North 2nd Addition. Since that time, the sites 2,641 square foot single-story structure has been utilized for various restaurants. Surrounding land uses are zoned Commercial Regional Service. SITE PLAN The plan shows remodeling of the existing 2,641 square foot structure for office and adding on an additional 1,583 square feet for retail space. The Base Area Ratio and Floor Area Ratio is 0.14. City Code permits up to a 0.20 BAR and 0.40 FAR in the Commercial Regional Service District. The building meets the setback requirements for the Commercial Regional Service District. The parking requirement is 33 spaces. The plan shows 32 spaces and 1 additional proof-of-parking space. ACCESS Access to the site will remain the same as it currently exists. DRAINAGE No on-site ponding exists or is proposed as part of this project. Drainage will continue to be directed to the City storm sewer. • . PEDESTRIAN SYSTEMS In the future, a sidewalk is anticipated to be constructed along the west side of Highway 212. Prior to the building permit being issued, a sidewalk easement will be necessary. ARCHITECTURE The existing exterior wood trellis structure and patio will be removed. All proposed building materials meet the City Code requirement of 75%face brick, glass or natural stone. SITE LIGHTING AND SIGNS The building addition will require that two of the existing downcast cut-off shoebox fixtures be relocated. Any wall-mounted lighting shall be downcast cut-off shoebox fixtures. 2 101-1 Staff Report—Wedding Day Jewelers April 14,2003 Page 3 All signs shall conform to the City Code. STAFF RECOMMENDATION Staff recommends approval of the following: • Planned Unit Development Concept Amendment on 0.68 acres • Planned Unit Development District Review on 0.68 acres • Zoning District Amendment within the Commercial Regional Service Zoning District on 0.68 acres • Site Plan Review on 0.68 acres This approval is based on plans dated April 4, 2003, subject to the recommendations of this Staff Report, and the following: 1. Prior to grading permit issuance,the proponent shall: A. Submit detailed storm water runoff,utility and erosion control plans for review by the City Engineer. B. Install erosion control at the grading limits of the property for review and approval by the City Engineer. 2. Prior to building permit issuance for the property, the proponent shall: A. Submit detailed building plans to the Inspections Department and Fire Marshal for their review and approval. B. Submit samples of exterior building materials and colors for review. C. Submit an easement along TH 212 to accommodate a future sidewalk. 3 /05 Planning Board Minutes April 14,2003 Page 9 B. WEDDING DAY JEWELERS by Marquis Jewelers. Request for Planned Unit Development Concept Amendment on 0.68 acres, Planned Unit Development District Review on 0.68 acres, Zoning District Amendment within the Commercial- Regional-Service Zoning District on 0.68 acres, and Site Plan Review on 0.68 acres.Location: 8320 Crystal View Road. Ken Piper with Tanek Architects presented the project. He stated that the building they are considering has had a number of restaurant uses and they would like to convert the use from restaurant to retail. He described the building and signage. Franzen stated that the project meets all city requirements and staff recommends approval. Brooks said he liked the design of the building but would like to know what discussion they have had regarding the neighbors on either side of you and how do you expect this will be successful in drawing traffic in. Piper responded that they have been in similar locations and Wedding Day Jewelers is a destination however the building will be positioned in such a way to provide name recognition. It's visibility will bring people there. The jewelry business has very little traffic in and out. Brooks asked if Franzen has any thoughts about the building and the location in this area. Franzen responded that this is a business decision. The high traffic volumes on 212 and the success of the Eden Prairie Mall are reasons they selected the site. Seymour asked it staff could explain the easement for the sidewalk along 212. Fox responded that 212 is a state highway and the City doesn't control the right-of-way. The high density of residential development is going to require a major trail or sidewalk project throughout the commercial area. MOTION by Sodt, second by Steppat, to close the public hearing. Motion carried,9-0. MOTION by Sodt, second by Koenig to recommend approval of a Planned Unit Development Concept Amendment on 0.68 acres, Planned Unit Development District Review on 0.68 acres, Zoning District Amendment within the Commercial- Regional-Service Zoning District on 0.68 acres, and Site Plan Review on 0.68 acres, based on plans dated April 4, 2003, subject to the recommendations of the staff report dated April 11,2003,to the City Council. MOTION carried,9-0. 106 CITY COUNCIL AGENDA DATE: 05/06/03 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Donald R.Uram Lifetouch .t-� `'�. .5 . Michael D. Franzen Requested Action Move to: • Close.the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Amendment on 16,22 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Commercial Regional to Office on 3.539 acres; and • Adopt a Resolution for Preliminary Plat of 16.22 acres into 1 lot and 1 outlot; and • Direct staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. • Direct staff to issue a footing and foundation permits. Synopsis The site plan shows the construction of a 5 story, 157,500 square foot office building. The existing building is 132,000 square feet. Phase three is a concept plan for a 7 story 249,300 square foot office building with structured parking. Phase three will require approval of detailed plans by the Community Planning Board and City Council prior to building permit issuance. The project requires waivers for building setback from 200 feet to 100 feet, building height from 30 feet to 65 feet, an impervious surface from 30%to 65%. Community Planning Board Recommendation The Community Planning Board first reviewed this project at the April 14, 2003 meeting. The Board voted to continue the project and directed the developer to prepare revised plans for a conservation easement for the wetland, sidewalk along Viking Drive, improved site vision distance, and better access. The Community Planning Board voted 8-0 to recommend approval of the Lifetouch project to the City Council at the April 28, 2003 meeting based on revised plans with the following changes. • Wetland Buffer-The preliminary plat shows show Outlot A defining the wetland and wetland buffer. All land north of the City trail will be in a conservation easement. IO - • Sidewalk—Lifetouch has agreed to be assessed for the cost of a sidewalk along Viking Drive as part of a future city project from Prairie Center Drive to Washington Avenue. Lifetouch will also have the option to build the sidewalk concurrent with phase three or be assessed,which ever comes first. Lifetouch will prepare a construction plan and a cost estimate for the sidewalk. Concurrent with the building construction,Lifetouch will grade a pad for the sidewalk for phase two and three. • Access—The 5th driveway on the east end of the site would be beneficial since it is located where site vision distance is good. Building parking close to the entrance will encourage the use of this driveway. • Site Vision—Lifetouch will relocate conifer trees currently interfering with site vision distance. Background The waivers are consistent with those approved for phase one and acceptable for the following reasons. • This site is part of a 109 acre planned unit development called Southwest Crossing approved in 1987. The building setbacks are closer to the lake on the west end in exchange for buildings farther from the lake on the east end. This resulted in the preservation of a 15 acre wooded hill. • Buildings on the west end of the Southwest Crossing PUD are taller in exchange for shorter buildings farther from the lake on the east end so that the 15 acre wooded hill could be preserved. • The water from the impervious surface flows through a storm water treatment pond before discharge into the lake. Attachments 1. Resolution for PUD Concept 2. Staff Report dated April 11, 2003 and April 25, 2003 3. Community Planning Board minutes dated April 14,2003 1O ' LIFETOUCH CITY OF EDEN PRAIRIE HENNEPIN COUNTY,M NNESOTA RESOLUTION NO. 2003- RESOLUTION APPROVING THE PRELIMINARY PLAT OF LIFETOUCH FOR LIFETOUCH BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Lifetouch for Lifetouch,dated March 21,2003,and consisting of 16.22 acres into one lot and one outlot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 6th day of May, 2003. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk. LJJ 1!1TOUCH CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF LIFETOUCH FOR LIFETOUCH WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Community Planning Board did conduct a public hearing on April 14, 2003 and April 28, 2003 for Lifetouch by Lifetouch and considered the request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on May 6, 2003. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Lifetouch, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated March 21, 2003. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated April 14, 2003 and April 28, 2003. ADOPTED by the City Council of the City of Eden Prairie this 6th day of May, 2003. Nancy Tyra-Lukens,Mayor Kathleen A. Porta, City Clerk / 10 EXHIBIT A PUD Concept- Lifetouch Legal Description: Lot 1 and Lot 2,Block 1, Outlot A,Lifetouch Addition,Hennepin County,Minnesota III STAFF REPORT TO: Community Planning Board FROM: Michael.D.Franzen, City Planner DATE: April 11, 2003 PROJECT: Lifetouch LOCATION: 11000 Viking Drive APPLICANT: Lifetouch OWNER: Lifetouch REQUEST: 1. Planned Unit Development Concept Review on 16.22 acres 2. Planned Unit Development District Review on 16.22 acres 3. Zoning District Change From Commercial Regional to Office on 3.539 acres 4. Site Plan Review on 16.22 acres 5. Preliminary Plat of 16.22 acres into 1 lot and loutlot • 1 1a Area Location Map: 1 Lifetouch'1000 Viking Drive I< \ Valley View Road viirN►/ IUS #212 Flying Cloud Drive l Golden Triangle Drive Lak:: S e art , Lane 1 1 SITE Viking Drive all ► ` Interstate #494 Prairie Center Drive Npr O No Scale 113 Stsff Report Lifetouch April 11,2003 BACKGROUND In 1996 the city approved a planned unit development that included 3 office buildings totaling 609,000 square feet.Phase one, totaling 132,000 square feet has been built. SITE PLAN The site plan shows the construction of a 5 story, 157,500 square foot office building. The base area ratio permitted is .30. The floor area ratio permitted is .50. The base area ratio is .05 and the floor area ratio is .31. The building meets the required 35 foot front yard setback. Parking meets the required 35 foot front yard setback. The amount of parking required is 630. The plan meets this requirement. Phase three is a concept plan for a 7 story 249,300 office building with structured parking. Phase three will require approval of detailed plans by the Community Planning Board and City Council prior to building permit issuance. SHORELAND CODE Lake Smetana is a Natural Environment water and provisions of the Shoreland Code apply to all land within 1000 feet of the ordinary high water mark of the lake. The following planned unit development waivers are required. • Building setback from 200 feet to 100 feet. • Building height from 30 feet to 65 feet. • Impervious surface from 30%to 65%. The waivers are consistent with those approved for phase one and acceptable for the following reasons. • This site is part of a 109 acre planned unit development called Southwest Crossing approved in 1987. The building setbacks are closer to the lake on the west end in exchange for buildings farther from the lake on the east end. This resulted in the preservation of a 15 acre wooded hill. • Buildings on the west end of the Southwest Crossing PUD are taller in exchange for shorter buildings farther from the lake on the east end so that the 15 acre wooded hill could be preserved. • The water from the impervious surface flows through a storm water treatment pond before discharge into the lake. III Staff Report - Lifetouch April 11,2003 ARCHITECTURE The exterior materials meet the 75%face brick, glass, and natural stone requirement. The architecture is consistent with the existing building. LANDSCAPING The amount of landscaping required is based on a caliper inch requirement according to building square footage or 491 inches. The plan meets this requirement. UTILITIES • • Sanitary sewer and water is available in Viking Drive. Stormwater will be treated in an existing pond to the east of this site. SIDEWALKS AND TRAILS There should be a 5 foot wide concrete sidewalk constructed along Viking Drive. Due to the location of the light poles,the sidewalk may encroach on private property. If so, an easement should be granted to the city. The berms may have to be reduced somewhat and screening of parking may be less,but it would be a reasonable tradeoff. This sidewalk will be built as a public improvement and assessed to the property. WETLANDS There is an existing wetland along the edge of Byrant Lake. The wetland and the required buffer are required by code.to be place in a conservation easement. STREETS AND ACCESS Viking Drive is a collector road for commercial and office traffic in the area. In order for a collector road to function properly the number of driveway access points should be limited. The concept plan shows 5 driveways. The staff recommends 4 driveways for the concept plan. Site vision distance is limited at some of the driveways due to the curve of the road and existing berming and landscaping. The site plan shows merge lanes at some of the driveways to address the site vision problem. Merge lanes are common on freeways and highways in order to allow cars time accelerate and merge with traffic. Collector roads have lower speeds and traffic volumes and merge lanes are not needed. The proposed merge lanes are nonstandard and may contribute to more traffic problems. Staff Report Lifetouch April 11, 2003 Staff recommends the following changes to improve access. • Modify the existing landscaping by reducing berm height and relocating trees. While screening of the parking lot as required by code will not be as effective,site vision distance is more important. • Close the main entrance. This existing entrance is important to Lifetouch,however the driveway is on the inside of the curve of the road and site vision distance is limited. • Eliminate the merge lanes. • Eliminate one driveway entrance. STAFF RECOMMENDATIONS Staff recommends approval of the following; • Planned Unit Development Concept Review on 16.22 acres • Planned Unit Development District Review on 16.22 acres • Zoning District Change From Commercial Regional to Office on 3.539 acres • Site Plan Review on 16.22 acres • Preliminary Plat of 16.22 acres into 1 lot and one outlot 1. Prior to City council review, the proponent shall: A. Modify the existing landscaping by reducing berm height and relocating trees. B. Close the main entrance. C. Eliminate the merge lanes. D. Eliminate one driveway entrance. 2. Prior to grading permit issuance,the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Submit detailed storm water runoff,utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 2. Prior to building permit issuance for the property,the proponent shall: A. Provide a landscape surety. B. Submit detailed building plans to the Inspections Department and Fire Marshal for their review and approval. C. Pay the Cash Park Fee. D. Submit samples of exterior materials for review and approval. 3. The following waivers have been granted through the PUD District Review for the property: • Building setback from 200 feet to 100 feet. I I Staff Report Lifetouch April 11, 2003 • Building height from 30 feet to 65 feet. • Impervious surface from 30%to 65%. STAFF REPORT TO: Community Planning Board FROM: Michael. D.FrRn7en, City Planner DATE: April 25, 2003 PROJECT: Lifetouch LOCATION: 11000 Viking Drive APPLICANT: Lifetouch OWNER: Lifetouch REQUEST: 1. Planned Unit Development Concept Review on 16.22 acres 2. Planned Unit Development District Review on 16.22 acres 3. Zoning District Change From Commercial Regional to Office on 3.539 acres 4. Site Plan Review on 16.22 acres 5. Preliminary Plat of 16.22 acres into 1 lot and loutlot I t 8' Area Location Ma Lifetouch p 11000 Viking Drive Valley View Road vIllir/ �7.� US #212 Sill , ) - 77 111 Flying Cloud Drive Golden Triangle Drive / \— /I rill \ I Lak S e ana Smetana Lane SITE Viking Drive IIII ► 11011111111111111111 N ` Interstate #494 1 11 11 l'IP4' 1 I II I Prairie Center Drive � 7' O v No Scale i - -„ ,.,. _ ___ _,._ Hi Staff Report Lifetouch April 25,2003 BACKGROUND This is a continued item from the April 11,2003 meeting. PLAN CHANGES • Wetland Buffer—The preliminary plat will be revised to show Outlot A defining the wetland and wetland buffer. All land north of the City trail will be in a conservation easement. • Sidewalk—Lifetouch has agreed to be assessed for the cost of a sidewalk along Viking Drive as part of a future city project from Prairie Center Drive to Washington Avenue. Lifetouch will also have the option to build the sidewalk concurrent with phase three or be assessed,which ever comes first. Lifetouch will prepare a construction plan and a cost estimate for the sidewalk. Concurrent with the building construction, Lifetouch will grade a pad for the sidewalk for phase two and three. • Access—The 5th driveway on the east end of the site would be beneficial since it is located where site vision distance is good. Building parking close to the entrance will encourage the use of this driveway. • Site Vision—Lifetouch will relocate conifer trees currently interfering with site vision distance. STAFF RECOMMENDATIONS Staff recommends approval of the following; • Planned Unit Development Concept Review on 16.22 acres • Planned Unit Development District Review on 16.22 acres • Zoning District Change From Commercial Regional to Office on 3.539 acres • Site Plan Review on 16.22 acres • Preliminary Plat of 16.22 acres into 1 lot and one outlot 1. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Submit detailed storm water runoff,utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 2. Prior to building permit issuance for the property,the proponent shall: A. Provide a landscape surety. I�Q Staff Report Lifetouch April 25,2003 B. Submit detailed building plans to the Inspections Department and Fire Marshal for their review and approval. C. Pay the Cash Park Fee. D. Submit samples of exterior materials for review and approval. 3. The following waivers have been granted through the PUD District Review for the property: • Building setback from 200 feet to 100 feet. • Building height from 30 feet to 65 feet. • Impervious surface from 30%to 65%. 4. Prior to 2nd reading and approval of the Developer agreement the developer shall provide revised plans regarding wetland conservation easements, sidewalks, access, and site vision as stipulated in this staff report. II Planning Board Minutes April 14,2003 Page 2 A. LIFETOUCH by Lifetouch. Request for Planned Unit Development Concept Review on 16.22 acres,Planned Unit Development District Review on 16.22 acres, Zoning District Change From Commercial Regional to Office on 3.539 acres, Site Plan Review on 16.22 acres, and Preliminary Plat of 16.22 acres into 1 lot and one outlot. Location: Viking Drive. Mike Perkins of Welsh Companies presented the project. He stated seven years ago Lifetouch applied for the first phase of the project, a 132,000 square foot building accommodating 350 employees which is now the corporate headquarters. Lifetouch is the largest provider of church, school and retail pictures in the country. They are now looking at the second phase of the development which will be larger than the first with an additional 450 employees added to their workforce. Steve Doughty of Pope Architects showed a display of the proposed building for phase two which includes 157,500 square feet of expansion. He stated the new building will connect via an enclosed walkway with the existing building and will act as one building with a total footage of 290,705 square feet. The preliminary plat combines lots 1 and 2. The proof of parking is on the east portion of the site. He said they are planning for the entrance to the site to remain the same. In the entrance area there will be a plaza, with a fountain and signage, which will be the focus of the site. He asked for merge lanes to allow vehicles time to negotiate speed,particularly the western section of Viking Drive. Franzen stated staff recommends approval according to pages 5 and 6 of the staff report. It's a work in progress in providing the best access, and site vision distance. One of the first things staff did regarding the traffic situation was to have the Police Department do a saturation patrol which involved warning and ticketing speeders. They also posted a meter to tell drivers their speed. The curve of the road can't be changed but staff has looked at the entrance area and changes to the landscaping. The parking lot is screened according to code and it creates a problem because of the blockage of site distance. An alternative to closing the entrance would be modifying berms to improve site vision. Randy Newton, the City's Traffic Engineer, looked at the merge lanes in relation to the design of a road. Merge lanes are generally used on highways or freeways. Merge lanes are not appropriate on city streets. The best solution would be to reevaluate the landscaping to improve site vision. The City is open to Lifetouch having a traffic consultant look at the traffic situation and determine other solutions. Nelson asked about the main driveway. She stated she's aware of the issue with the curve but without a main entrance it's going to look odd. She asked Lifetouch if they looked at having that an in-only type entrance. She stated she thought turn lanes may be a good alternative. She said the site won't look right without that main entrance. She asked whether there had been any thought about the entrance being an in-only. 1 Planning Board Minutes April 14,2003 Page 3 Gray responded that an in-only would be a major part of the solution and along with correcting the site distance. It might be a good idea to have an independent traffic consultant to look at the issues and determine options. He said there may be a tendency for employees to favor certain egress patterns if there are site distance issues. He asked whether Lifetouch was aware as to how their employees felt about the entrance area. Perkins responded he was unaware of what employees thought but that Lifetouch invested quite a bit into the entrance. The concern they have is the speed of the cars coming around the curve, this is the crux of the problem and how to control the speed of traffic is an issue. Stoelting asked if modification of berms and landscaping would be acceptable. Perkins responded that is an option but traffic and safety are the primary concerns. One means to deal with this may be a stop sign. Steppat stated there will be a larger number of employees with the expansion and that will create more traffic. He asked staff if there will be any changes in the timing of the lights on Viking Drive. Gray responded the intersection of Viking Drive and Prairie Center Drive will have more signal coordination and timing through that area. The major problem is the backup due to regional highways and freeways such as Highway 169 and I-494. There will be additional linking of traffic signals. Hopefully, improvements to 169 and 494 should help reduce some of the traffic in our system. But there will always be peak hours in the morning and afternoon with heavier levels of traffic. Companies, including Lifetouch, can adjust employee hours and encourage car pools and transit whenever possible. The future of traffic controls lies in a number of those types of tools. Steppat asked if Lifetouch offers flexible scheduling Perkins responded Lifetouch has quite a few programs for their employees. As part of the project they are working with the I-494 corridor, car pooling and vans. Lifetouch is trying to minimize the number of cars using the site. Sodt asked how much visitor or public traffic Lifetouch has coming to the headquarters. He said he thought Lifetouch goes out to its customers, consequently, it would be the employees using entrances. Perkins responded that there is very little public traffic and some vendors. Sodt stated it appeared a horseshoe entrance might work well. /A3 Planning Board Minutes April 14, 2003 Page 4 Doughty stated it would be important to look at the options for the entrance. The owner wants to retain the entrance. It's the west area that's problem due to the curve in the road. Sodt stated according to Lifetouch they need 500 spaces, staff quotes 1,042. He asked what proof of parking is and why there was such a disparity. Perkins responded that 372 is currently working well and 500 spaces will be required when the building is completed. So there will be 500 stalls. The surface to the east will be for proof of parking and will be seeded and available if needed in the future. Sodt asked about drainage into Lake Smetana. He said Lifetouch said it wouldn't drain into the lake but it looks as though it's sloped to go in that direction. Doughty responded there will be storm sewer piping that will drain into the existing storm water pond to the east. The area to the east will be construction parking during the development of the site. There will be shuttles for employees so they can avoid the construction. Seymour said it seems they should explore eliminating the main entrance but maintain the showcase integrity. He asked if signage which includes three different signs meets the code. Franzen responded that at this point in the project, staff doesn't look that closely at signage. The signs aren't designed until building plans are presented. They are allowed to have signs on all four sides of the building. Brooks asked if there was an accident count for this area from the Police Department to determine if there are problems in that area with traffic. Franzen responded police did a saturation study, gave warning and speeding tickets but he is unaware of accidents in that area. Brooks stated he was concerned about that and if there were accidents it might make a difference as to how to approach the traffic situation. He stated he could see the reason for Lieftouch to want to maintain the entrance. He stated it's important to look at other alternatives. The proof of parking is an important issue. Since the City never knows who the next user of that site might be, the additional parking may be needed in the future. Foote agreed that the main entrance should be left. He said when he was traveling in Colorado they had merge lanes which worked very well. He stated he thought the site visibility would be improved with the landscaping and berms reduced. Koenig asked Fox to address the sidewalk issue. She asked if there had been a decision on the timing of that. Fox responded the sidewalks will be concurrent with the construction of the project; the sidewalk should be done as soon as possible. Eventually the trail along the lake will be connected to the sidewalk. Koenig asked if the Board would need to recommend that as a part of the motion. Fox responded they would. Koenig asked about buffering for wetlands and easements. Franzen responded that there is an ordinance that requires the establishment of a conservation easement. There are two ways to look at it. The easement could be Planning Board Minutes April 14,2003 Page 5 dedicated to the city or the owner may choose to give the property to the city in the future. The City has an obligation to protect the wetland buffers. It would be their choice in how they do that. Koenig asked that when the Board makes a recommendation should it include both those items. Sodt stated he was not taking issue with the setback. Lake Smetana is controlled by the DNR. He asked if they had a voice in granting the waivers. Franzen responded the DNR can make comments regarding it and the City has not heard back from the DNR regarding this. The DNR does not have approval authority. Sodt stated that he was surprised that code states a maximum of 30 foot height for buildings and with this project, the first building is 65 feet and the new one will be 90 feet. Franzen responded that the code was written with areas for residents, but there are appropriate locations for taller buildings along interstates and highways. Koenig stated the 15 acre wooded hill is part of the reason for the variance and setback. She asked if that could have something to do with building height too. Franzen responded that in 1984 there was a master plan for 2 million square feet of retail and commercial office along Prairie Center Drive bordered by Golden Triangle Drive and along the north side of I-494 the City was trying to determine how to maintain the natural features. The Lifetouch site consisted of four car dealerships in 1973. The west end didn't have any trees and it made sense to have tall buildings. On the east side there was wetland and mature oak trees. Doughty stated that they have asked for a delay in building the sidewalk and assume the assessment for the sidewalk at a later date. Gray said that it is a challenge for the City which would have to assess it and it would be difficult to do a cost estimate for that. He said the sidewalk should be timed with their construction. The question is how do we decide what is workable in an assessment agreement. Generally, the City avoids assessment agreements for these kinds of projects. Doughty stated the existing neighbors to the east will be assessed at one point and Lifetouch would like to wait until they are assessed and do it at that time. Gray responded there are no plans for that area now and they will need to do the sidewalk during the construction phase. Brooks asked Gray if he sees any challenges in aligning the sidewalk a few years from now. Gray responded Lifetouch can deal with the design project and work it into their landscaping plan. The challenge is going to be aligning the sidewalk when the other sites are developed. It's easier to resolve these problems when it's done privately rather than the City doing it. Brooks stated it reduces the challenges we have to get through and it's easier to assess three projects. Fox stated in these types of situations the City has asked i a5 Planning Board Minutes April 14,2003 Page 6 people to grade-in the sidewalk area. If they wait to do it and a lot of improvements are made, when the city comes in to put in a trail or sidewalk, we're faced with grading and relocation issues. A halfway point would be to grade it and when the City is ready to put in and Lifetouch would pay for the assessments. Perkins stated they don't have plans for the sidewalk. Lifetouch is being asked to do something that no one else has been asked to do. The sidewalk would go from one edge of the property to the other edge of the property. If the sidewalk system is built up to Valley View it encompass a large area. If it's built now, no one else will have access to it. It doesn't' make sense. Lifetouch believes that when The City is ready to assess all the properties equally then they will do it. Sodt stated that he couldn't understand arguments about design changes and what changes need to be made currently to accommodate the sidewalk. Doughty responded it is the existing light and hydrant that would be affected. Brooks stated that regarding the sidewalk it's seems reasonable to develop a plan for grading that both the City and Lifetouch can agree on and do the improvements later. It has to get started at some point. Koenig asked Doughty to address the grading issue. Doughty replied that it would be an acceptable option since they will be looking at doing some grading. The area could be rough graded and prepared for a sidewalk. Koenig asked if this is acceptable to the City. Fox responded that would be fine but they also need to address the question of assessments. They could grade it in but the assessment would go to Lifetouch for that portion of the sidewalk. The assessment would go for that portion of the sidewalk; they would be responsible for the linear footage. Steppat stated that there are two issues. One is traffic and the other the sidewalk. Improving the site by lowering berms and changing landscaping could affect the location of the sidewalk. It would make sense to do the grading of the sidewalk at the same time. He asked Lifetouch if they would be amenable to staffs suggestion to hire a traffic consultant. Stoelting responded that the motion would be worded such that the sidewalk solution be agreed to by Lifetouch and City staff. Koenig asked if staff was comfortable with that, they responded they were. Sodt asked if it should be worded that the sidewalk not be built now. Stoelting responded the staff needs to work it out with the proponent. MOTION by Nelson, second by Koenig, to close the public hearing. Motion carried,9-0. Planning Board Minutes Apri114,2003 Page 7 Koenig stated the appropriate wetland buffer zone should be maintained per City ordinance and the wetland be put in a conservation easement. Sodt stated he likes the project but is reluctant to approve a project with a dangerous entrance and would like to see a better design and a traffic solution or show the City Council a plan as to why it would not be a good idea. Brooks stated he doesn't have a problem approving the project but has a hard time asking a proponent to spend the money to redesign the existing entrance. Koenig agreed with Brooks. Steppat stated that the entrance is acceptable and he agreed he couldn't see asking them to come up with a new plan but he said they do need to come up with a plan to accommodate traffic. Sodt stated that Lifetouch hasn't given the Board enough of a reason for the entrance to remain. Foote stated that he agreed with Brooks that he doesn't want them to redesign it and he likes the entrance as it is. Koenig stated that she wants the city staff to be comfortable with the assessment issue and the timing of sidewalk construction. Koenig asked if Lifetouch would be agreeable to working though this with staff and coming back to address the Board again. Franzen stated the Board has two choices. They can approve the project with the recommendation to work the details out before the May 6 City Council meeting. The second option is to continue the item, publish it for the May 6 City Council meeting, so Lifetouch can stay on their construction schedule, and see what they can accomplish by the April 28 Planning Board meeting Brooks stated he didn't believe the Board needs to see the project again. The two main issues should be resolved between staff and the proponent and shouldn't have to come back. Koenig asked Lifetouch about coming back before the Board. Doughty responded their construction schedule is very tight. Koenig asked about them coming back before the Board in two weeks and whether that would be feasible. Doughty stated the modifications on the berming might take time. Stoelting stated you would work with staff to come up with appropriate solutions. If you are willing to accept our suggestions you need to revisit these problems with the City staff and come back to share the modifications with us. Stoelting asked staff if they continued the project to the next meeting when they would go in front of City Council. Franzen replied if it was continued without publishing for May 6, they would be in front of the Council in June. Stoelting said the Board's preference seems to be to come back in a couple weeks. Koenig stated the Board needs something more definitive on the issues before sending it to the City Council. MOTION by Nelson, second by Sutherland to recommend approval of a Planned Unit Development Concept Review on 16.22 acres, Planned Unit Development District Review on 16.22 acres, Zoning District Change From Commercial Planning Board Minutes April 14,2003 Page 8 Regional to Office on 3.539 acres, Site Plan Review on 16.22 acres, and Preliminary Plat of 16.22 acres into 1 lot and one outlot, based on plans dated April 11,2003, subject to the recommendations of the staff report prior to City Council a) stays as is, reducing berms and relocating trees, b) redesign the main road entrance allowing for berm and landscape redesign, c) take out the words "eliminate merge lane" and in its place have "grant an easement for and provide sidewalk along Viking Drive," d) take out the wording "eliminate one driveway entrance" and instead have it say"right of conservation easement along Bryant Lake for a required buffer zone." Vote: — Brooks — ney, Foote -ney, Koenig - ney, Nelson aye, Seymour - ney, Sodt - ney, Steppat - ney, Stoelting - ney, and Sutherland aye. Motion failed,7 ney, 2 aye. MOTION by Koenig, second by Foote to recommend a continuance to the April 28, 2003, meeting. Vote: Brooks - aye, Foote - aye, Koenig - aye, Nelson - aye, Seymour - aye, Sodt - aye, Steppat - aye, Stoelting aye, and Sutherland - aye. Motion carried,9-0. Nelson asked if staff needs to be directed to do what's necessary for the continuance. Franzen stated the Board should direct staff to send a notice to the newspaper for the May 6 Council meeting. These are things we've done before when the Board feels details need to be resolved while trying to accommodate the developer's schedule. lag Michael Franzen Eden Prairie Community Planning Department April 30,2003 • In regard to the building of a Lifetouch building and lot south of Lake Smetana,I want to give you my comments. We live in Realife Valley View Coop.,which is north of Smetana. We already live and sleep with Lifetouch lights,security alarm screeches and the 494 noise. Sleeping at night becomes a challenge with lights becoming more numerous shining into our unit. The security alarm goes off frequently and is shrill to our ears. Can it be put into a plan that Lifetouch plant many trees and shrubs to cut noise from 494 and create a blackout at night in their building and lot? Also,is it possible to have a noise barrier along 494 to lessen our noise impact that we hear alongside our 494 facing building on Lake Smetana? I have installed blinds which help darken the bedrooms for sleeping but even those do not solve the light problem. At night also,the security alarms may go off at any time,plus sometimes during the day. The noise and view from 494 is such that I don't even enjoy sitting outside. There is no peace to be had. Is it in any 494 plans when they widen to install noise dampening barriers? Thank you, Nancy&Frank Arieta 10785 Valley View Road#207 Eden Prairie, MN 55344 952.941.2202 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims May 6, 2003 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 119315 - 119842 Wire Transfers 1765 - 1786 Background Information Attachments 130 City of Eden Prairie Council Check Summary 5/62003 Division Amount 586,713 100 City Manager 117 101 Legislative 2,100 110 City Clerk 522 111 Customer Service 11,621 112 Human Resources 2,805 113 Communication Services 4,249 114 Benefits&Training 2,135 115 Risk Management 1,509 116 Facilities 13,688 117 City Center 4,779 130 Assessing 5,500 131 Finance 4,396 132 Housing,Trans,Social Service 6,137 133 Community Development 14 134 Heritage Preservation 164 135 Information Technology 73,564 136 Wireless Communication 3,791 137 Economic Development 44 150 Park Administration 9,069 151 Park Maintenance 24,213 152 Parks Capital Outlay 7,801 153 Athletic Programs 3,395 154 Community Center 45,733 155 Beaches 15,000 156 Youth Programs 122 157 Special Events 500 158 Senior Center 2,180 159 Recreation Administration 264 160 Adaptive Recreation 788 161 Oak Point Pool 302 162 Arts 526 • 163 Park Facilities 1,908 180 Police 16,052 182 Police Administration 396 183 Civil Defense 78 184 Fire 3,327 185 Animal Control 1,293 186 Inspections 289 200 Engineering 1,353 201 Street Maintenance 10,972 202 Street Lighting 52,694 203 Fleet Services 25,754 204 Equipment Revolving 128,400 303 Cemetary Operation 157 314 Liquor Compliance 4 502 Park Development 256 503 Utility Improvement 23,938 506 Improvment Bonds 1996 22,978 507 Construction Fund 98,041 509 CIP Fund 13,121 511 Construction Fund 166,838 601 Prairie Village Liquor 126,392 602 Den Road Liquor 242,518 603 Prairie View Liquor 135,313 701 Water Fund 177,796 702 Sewer Fund 190,173 703 Storm Drainage Fund 576 803 Escrow Fund 5,559 806 SAC Agency Fund 43,350 Report Totals 2,323,267 131 City of Eden Prairie Council Check Register 5/6/2003 Check# Amount Vendor/Explanation Account Description Business Unit 1765 56,067 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund 1766 63,137 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 1767 22,641 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1768 8,835 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1769 15,258 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1770 2,911 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund 1771 1,435 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1772 65,812 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 1777 58,468 MINNESOTA DEPT OF REVENUE Equipment Rental United Properties 1778 460 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 1779 56,929 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund 1780 64,401 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 1782 22,866 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1783 15,308 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1786 8,835 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund . 119315 27 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 119316 215 ALL SAINTS BRANDS DISTRIBUTING Beer Prairie View Liquor Store 119317 65 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 119318 5,732 BELLBOY CORPORATION Wine Imported Prairie Village Liquor Store 119319 6,317 DAY DISTRIBUTING Beer Prairie View Liquor Store 119320 3,024 EAGLE WINE COMPANY Transportation Den Road Liquor Store 119321 6,241 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 119322 1,238 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 119323 8,078 GRIGGS COOPER&CO Transportation Prairie View Liquor Store 119325 17,100 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 119326 4,905 MARK VII Beer Den Road Liquor Store 119327 321 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 119328 6,753 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 119329 598 PEPSI COLA COMPANY Merchandise for Resale Concessions 119330 8,203 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store 119331 453 PINNACLE DISTRIBUTING Misc Non-Taxable Prairie Village Liquor Store 119332 2,069 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 119333 9,917 QUALITY WINE&SPIRITS CO Wine Domestic Prairie View Liquor Store 119334 15,100 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 119335 212 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie Village Liquor Store 119336 1,366 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 119337 875 WINE MERCHANTS INC Wine Imported Prairie Village Liquor Store 119338 261 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 119339 180 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 119340 37 BACH,BARBARA Deposits Escrow 119341 1,060 BLOOMINGTON,CITY OF Tuition Reimbursement/School Animal Control 119342 84 BLOOMINGTON,CITY OF Other Contracted Services Park Maintenance 119343 187 CHOICE INC Other Contracted Services Prairie Village Liquor Store 119344 552 CRIMINALISTICS INC Capital Under$2,000 Fleet Services 119345 20 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 119346 130 DAVIS,BOB Mileage&Parking Police 119347 50 DEPT OF LABOR&INDUSTRY Dues&Subscriptions Fire Station#1 119348 57 ECOLAB INC Other Contracted Services Cummins Grill 119349 30 EXPRESS MESSENGER SYSTEMS INC Postage General 119350 150 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 119351 39 FRED PRYOR SEMINARS Tuition Reimbursement/School Police 119352 242 GOOD,JAMIE Clothing&Uniforms Police 119353 162 GRAND SLAM SPORTS&ENTERTAINM Operating Supplies Teen Programs 119354 80 GRANT,STEPHANIE Clothing&Uniforms Police Administration 119355 116 GUSTAD,MARK Clothing&Uniforms Police 119356 7,109 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 119357 20 HENNEPIN COUNTY COMMUNITY HEAL Conference Expense Human Resources 119358 475 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 119359 145 INDUSTRIAL CONTAINER SERVICES Operating Supplies Police 119360 5,860 JOHN A DALSIN&SON INC Building Capital Impr./Maint.Fund 119361 27 KNIFF,JOCELYN Lessons&Classes Fitness Classes 119362 34 KREB,BRANDON Parking Permits Parking 119363 316 KREI,MELISSA Clothing&Uniforms Police Administration 119364 115 LIMBERG,KRISTY Operating Supplies Summer Theatre 119365 120 MADSON,SARAH Round Lake Pavilion Park Facilities 1 Check# Amount Vendor/Explanation Account Description Business Unit 119366 23 MARKS,TIM&JUDY Outside Water Sales Water Enterprise Fund 119367 255 MINNESOTA CHIEFS OF POLICE ASS Dues&Subscriptions Police 119368 4,275 18.51°CA Deposits Escrow 119369 37 NAUTILUS/SCHWINN FITNESS GROUP Repair&Maint.Supplies Fitness Center 119370 30 NESS,STEFANIE Lessons&Classes Oak Point Lessons 119371 3,791 NORTHSHORE ADVISORS LLC Bank and Service Charges Finance 119372 98 PROTECTION ONE Other Contracted Services Cummins Grill 119373 26 QUICKSILVER EXPRESS COURIER Postage General 119374 263 RIVER CITY DATA INC Other Contracted Services Water Utility-General 119375 106 ROHDE,ANDREW Clothing&Uniforms Police 119376 181 SERAFIN,TRAVIS Clothing&Uniforms Police 119377 113 SHRED-IT Waste Disposal City Center Operations 119378 6 SUBURBAN CHEVROLET GEO Equipment Parts Water System Maintenance 119379 23,132 SUPERIOR FORD Autos Public Safety 119380 75 TREASURE ISLAND RESORTS&CASI Deposits Escrow 119381 60 ZWIEG,JEFF Other Contracted Services General Facilities 119382 8,696 ACE TRAILER SALES Machinery&Equipment Park Maintenance 119383 15 ANDERSON,MARTHA Program Fee Outdoor Center 119384 1,060 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station#2 119385 38 CAMPANELLI,JULIE Program Fee Outdoor Center 119386 240 DISH NETWORK Cable TV Ice Arena 119387 8,683 DMJ CORPORATION Improvement Contracts Construction Fund 119388 1,140 IND SCHOOL DIST 272 Instructor Service Outdoor Center 119389 195 KALKES,JAYNA Employee Award Human Resources 119390 158 LEEANN CHIN Miscellaneous City Council 119391 281 MINN NCPERS GROUP LIFE INSURAN Life Insurance Employees General Fund 119392 59 MINNCOMM PAGING Pager&Cell Phone Sewer Liftstation 119393 9 MINNESOTA DEPT OF PUBLIC SAFET Bike Registrations General Fund 119394 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 119395 142 QWEST Telephone Preserve Park 119396 273 REED BUSINESS INFORMATION Legal Notices Publishing Improvement Projects 1996 119397 21 RICHFIELD,CITY OF Autos Public Safety 119398 2,376 SHEMIN NURSERIES,INC. Machinery&Equipment Park Maintenance 119399 38 STEPHENS,SANDRA Program Fee Outdoor Center 119400 46,264 SUPERIOR FORD Autos Public Safety 119401 3,062 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 119402 2,615 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 119403 525 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 119404 101 AT&T Pager&Cell Phone Police 119405 26 CULLIGAN Operating Supplies Outdoor Center 119406 5,717 CUSTOM INTERIORS BY DAVE Building Repair&Maint. Water Treatment Plant 119407 192 D'AMICO AND SONS Miscellaneous City Council 119408 65 DOUGLAS COUNTY SHERIFF'S K-9 F Tuition Reimbursement/School Police 119409 60,411 EGAN-MCKAY ELECTRICAL CONTRACT Improvement Contracts Construction Fund 119410 111 FROTON,RONALD Youth Resident Community Center Admin 119411 97 GINA MARIAS INC Miscellaneous City Council 119412 29 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 119413 14 MACBRIDE,MARILYN Lessons&Classes Fitness Classes 119414 205 MERLINS ACE HARDWARE Repair&Maint.Supplies Maintenance 119415 150 MINNESOTA CHAMBER OF COMMERCE Conference Expense In Service Training 119416 500 MISTY AND FRIENDS MOBILE ZOO Other Contracted Services July 4th Celebration 119417 20 NATIONAL REGISTRY OF EMTS Tuition Reimbursement/School Police 119418 140 NELSON,KRIS Outdoor Center Park Facilities 119419 1,132 PARK NICOLLET CLINIC Other Contracted Services Risk Management 119420 51 PITNEY BOWES Office Supplies General 119421 878 QWEST Telephone Water Utility-General 119422 208 TIME WARNER CABLE Cable TV Fire 119423 67,771 TRAUT WELLS Equipment Repair&Maint Water Treatment Plant 119424 1,467 US POSTMASTER-HOPKINS Postage Water Accounting 119425 680 VERIZON DIRECTORIES CORP Advertising Community Center Admin 119427 92 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 119428 244 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 119429 3,796 BELLBOY CORPORATION Liquor Den Road Liquor Store 119430 4,395 DAY DISTRIBUTING Beer Den Road Liquor Store 119431 2,381 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 119432 9,431 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 119433 160 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 119434 249 GRAND PERE WINES INC Wine Imported Den Road Liquor Store 119435 370 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 1 Z3 Check# Amount Vendor J Explanation Account Description Business Unit 119436 13,734 GRIGGS COOPER&CO Liquor Den Road Liquor Store 119437 771 HOHENSTEINS INC Beer Prairie Village Liquor Store 119438 15,878 JOHNSON BROTHERS LIQUOR CO Misc Taxable Den Road Liquor Store 119439 12,200 MARK VII Beer Prairie Village Liquor Store 119440 669 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 119441 960 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 119442 2,112 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 119443 10,143 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 119444 492 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store 119445 2,641 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 119446 7,891 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store 119447 16,716 THORPE DISTRIBUTING Beer Den Road Liquor Store 119448 2,469 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store 119449 3,336 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 119450 2,332 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 119451 290 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 119452 170 ALEXANDRIA TECHNICAL COLLEGE Tuition Reimbursement/School Fire 119453 72 BENIK,JOHN Mileage&Parking Fire 119454 200 BIAGGI'S Miscellaneous Reserves 119455 44,389 CENTERPOINT ENERGY MARKETING I Gas Water Treatment Plant 119456 37 CULLIGAN BOTTLED WATER Operating Supplies Fire 119457 198 EINSTEIN BAGELS Miscellaneous Human Resources 119458 436 ESBENSEN,GEORGE Travel Expense Fire 119459 150 GINA MARIAS INC Miscellaneous Reserves 119460 183 GRAND VIEW LODGE Tuition Reimbursement/School Police 119461 3 GREG LARSON SPORTS Operating Supplies Raquetball 119462 444 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 119463 185 IND SCHOOL DIST 272 Conference Expense City Manager 119464 1,770 M.L.E.E.A. Miscellaneous Reserves 119465 1,500 MINNESOTA CHIEFS OF POLICE ASS Software Maintenance Information Technology 119466 1,353 MINNESOTA VALLEY ELECTRIC COOP Electric Stormwater Liftstation 119467 120 MRPA Conference Expense Parks Administration 119468 35 MSANI Tuition Reimbursement/School Police 119469 117 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 119470 143 O'CONNELL,JAY Travel Expense Fire 119471 140 RIVERLAND COMMUNITY COLLEGE Tuition Reimbursement/School Fire 119472 41 VERIZON WIRELESS BELLEVUE Pager&Cell Phone General 119473 1,437 BERGIN AUTO BODY INC Equipment Repair&Maint Fleet Services 119474 495 CLAREYS INC Equipment Testing/Cert. Sewer System Maintenance 119475 39,195 EMERGITECH,INC. Software Maintenance Information Technology 119476 127 HENNEPIN COUNTY Waste Disposal Park Maintenance 119477 17 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 119478 25 HIRSHFIELD'S Repair&Maint.Supplies City Center Operations 119479 139 KHARE,JAGDISH Youth Resident Community Center Admin 119480 46 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Utility-General 119481 4,500 NILSSEN,BETH Events/Admission Fee Ice Show 119482 305 PETTY CASH Mileage&Parking Senior Center Program 119483 32 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 119484 667 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Inspections-Administration 119485 5,475 WACONIA FARM SUPPLY Machinery&Equipment Capital Outlay Parks 119486 10 HENNEPIN COUNTY Waste Disposal Park Maintenance 119487 1,303 PICNIC PLEASERS,THE Operating Supplies Employee Benefits 119488 2,305 ARCH PAGING Pager&Cell Phone Wireless Communication 119489 300 ARROW ELECTRONICS INC False Alarm Fees General Fund 119490 96,590 COMMISSIONER OF TRANSPORTATION Improvement Contracts Construction Fund 119491 226 CRACAUER,CLIFF Mileage&Parking Fleet Services 119492 62 D'AMICO AND SONS Operating Supplies Fire 119493 8 DEHARPPORTE,MARGARET Program Fee Outdoor Center 119494 644 EMERGENCY AUTOMOTIVE TECHNOLOG Capital Under$2,000 Fleet Services 119495 927 EPA AUDIO VISUAL INC Capital Under$2,000 Information Technology 119496 10 FBI/LEEDS Tuition Reimbursement/School Police 119497 100 FREY,TERRI GEIGER Instructor Service Outdoor Center 119498 144 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance 119499 225 HAYNES,TRICIA Other Contracted Services Staring Lake Concert 119500 150 HENNEPIN COUNTY PUBLIC RECORDS Operating Supplies Engineering 119501 54 HENNEPIN COUNTY TREASURER-SURV Operating Supplies Engineering 119502 360 KING,MARION Other Contracted Services Senior Center Program 119503 1,302 METRO SALES INCORPORATED* Other Rentals General 119504 75 MINNESOTA BOARD OF ELECTRICITY Merchandise for Resale Inspections-Administration 1mo! Check# Amount Vendor/Explanation Account Description Business Unit 119505 18 MINNESOTA DEPT OF PUBLIC SAFET Bike Registrations General Fund 119506 475 MINNESOTA PRINT MANAGEMENT LLC Printing Finance 119507 80 MN-HTCIA Tuition Reimbursement/School Police 119508 24 MUNICIPAL EMERGENCY SERVICES Protective Clothing Fire 119509 356 OLSON,DAVE Conference Expense Engineering 119510 1,440 POST BOARD Licenses&Taxes Police 119511 15 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 119512 111 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 119513 1,910 Qwest COMMUNICATIONS Pager&Cell Phone Police 119514 101 ROUSE,SUSAN Clothing&Uniforms Ice Show 119515 85 RUMFORD,JOAN Operating Supplies Senior Center Program 119516 100 SOCIAL SECURITY ADMINISTRATION Other Contracted Services Finance 119517 8 STANASEL,MARCEL Outside Water Sales Water Enterprise Fund 119518 478 VERIZON DIRECTORIES CORP Advertising Prairie View Liquor Store 119519 392 WILDER,LOIS Other Contracted Services Senior Center Program 119520 2,044 XCEL ENERGY Principal Traffic Signals 119521 230 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 119522 246 UNITED WAY United Way Withheld General Fund 119523 109 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 119524 218 ALL SAINTS BRANDS DISTRIBUTING Wine Imported Den Road Liquor Store 119525 139 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 119526 59 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 119527 3,030 BELLBOY CORPORATION Liquor Prairie Village Liquor Store 119528 5,376 DAY DISTRIBUTING Beer Den Road Liquor Store 119529 1,813 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 119530 13,302 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 119531 256 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 119532 1,821 GRAPE BEGINNINGS Wine Imported Prairie Village Liquor Store 119533 9,568 GRIGGS COOPER&CO Transportation Prairie View Liquor Store 119535 17,967 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 119536 9,912 MARK VII Beer Den Road Liquor Store 119537 423 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 119538 3,145 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 119539 72 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 119540 14,977 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 119541 454 PINNACLE DISTRIBUTING Misc Non-Taxable Prairie Village Liquor Store 119542 1,674 PRIOR WINE COMPANY Wine Imported Den Road Liquor Store 119543 9,875 QUALITY WINE&SPIRITS CO Wine Domestic Prairie View Liquor Store 119545 2,056 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store 119546 1,175 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 119547 1,582 WORLD CLASS WINES INC Wine Domestic Prairie View Liquor Store 119548 190 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 119549 213 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance 119550 609 CAD ZONE,THE Operating Supplies Fire 119551 276 COPELAND BUILDING CORP Deposits Escrow 119552 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance Information Technology 119553 847 EPA AUDIO VISUAL INC Capital Under$2,000 Information Technology 119554 29,200 HINCKLEY CHEVROLET Autos Park&Recreation 119555 60 KEISKI,DAVID Miscellaneous Prairie View Liquor Store 119556 329 KURT,KAREN Conference Expense Human Resources 119557 118 LAKSHMIPATNY,ANANDAN Program Fee Athletics 119558 11 LEON DUDA PLUMBING Cash Over/Short General Fund 119559 35 MCFOA Dues&Subscriptions In Service Training 119560 3,741 METRO SALES INCORPORATED* Equipment Repair&Maint General 119561 1,350 METROPOLITAN AREA PROMOTIONS C Printing Communication Services 119562 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Utility-General 119563 22 OLSON,LISA Program Fee Outdoor Center 119564 135 PAINT YOUR PLATE Operating Supplies Teen Programs 119565 10 PINGALI,ARUNA Fac.Rental-P&R Community Center Admin 119566 112 PRINTERS SERVICE INC Repair&Maint.Supplies Ice Arena 119567 164 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 119568 52 QUICKSILVER EXPRESS COURIER Postage General 119569 2,013 RICHFIELD,CITY OF Autos Park&Recreation 119570 42 STATE OF MINNESOTA Operating Supplies Fleet Services 119571 107 STEEL PRODUCTS&ALUMINUM INC. Equipment Parts Fleet Services 119572 1,650 SUBURBAN RATE AUTHORITY Dues&Subscriptions City Council 119573 3 TAPE COMPANY,THE Video&Photo Supplies Communication Services 119574 40 TELEPHONE ANSWERING CENTER INC Other Contracted Services Water Treatment Plant 119575 84 TRI COUNTY BEVERAGE&SUPPLY Misc Taxable Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 119576 560 UNIVERSITY OF MINNESOTA Conference Expense Human Resources 119577 352 US POSTMASTER-HOPKINS Postage Senior Center Program 119578 31 VEITH,MICHELLE Other Contracted Services Senior Center Program 119579 309 VOSS LIGHTING Repair&Maint.Supplies Maintenance 119580 22 WOLFE,SUSAN Program Fee Outdoor Center 119581 95,197 XCEL ENERGY Electric Street Lighting 119582 1,560 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 119583 13,894 THORPE DISTRIBUTING Beer Den Road Liquor Store 119584 2,621 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 119585 40 COMMISSIONER OF TRANSPORTATION Conference Expense Engineering 119586 3,750 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing,Trans,&Human Sery 119587 183,612 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 119588 7,443 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 119589 9,430 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 119590 10 RMAA Dues&Subscriptions In Service Training 119591 475 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie View Liquor Store 119592 31 STAR TRIBUNE Misc Non-Taxable Prairie View Liquor Store 119593 450 TCALMC Dues&Subscriptions In Service Training 119594 10 UPTON,MARY Program Fee Senior Center Program 119595 765 WIGLEY,GRIFFIN J. Other Contracted Services Information Technology 119596 761 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 119597 101 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 119598 31 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 119599 2,689 BELLBOY CORPORATION Wine Imported Prairie Village Liquor Store 119600 5,002 DAY DISTRIBUTING Beer Den Road Liquor Store 119601 421 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 119602 6,236 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store 119603 64 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 119604 436 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 119605 4,393 GRIGGS COOPER&CO Misc Non-Taxable Prairie View Liquor Store 119606 417 HOHENSTEINS INC Beer Den Road Liquor Store 119607 21,667 JOHNSON BROTHERS LIQUOR CO Misc Taxable Prairie View Liquor Store 119608 6,634 MARK VII Beer Prairie Village Liquor Store 119609 561 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 119610 2,185 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 119611 735 PEPSI COLA COMPANY Merchandise for Resale Concessions 119612 14,088 PHILLIPS WINE AND SPIRITS INC Wine Imported Prairie View Liquor Store 119613 554 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store 119614 3,479 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 119615 7,093 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 119616 21,965 THORPE DISTRIBUTING Beer Den Road Liquor Store 119617 1,117 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 119618 4,372 WINE MERCHANTS INC Wine Imported Prairie View Liquor Store 119645 845 AMERICAN RED CROSS Tuition Reimbursement/School Reserves 119646 665 ARROWWOOD RADISSON RESORT Canine Supplies Police 119647 23 CGBC Equipment Rental United Properties 119648 23 CLAREYS INC Operating Supplies General 119649 131 D'AMICO AND SONS Miscellaneous Communication Services 119650 65 DOUGLAS COUNTY SHERIFFS K-9 F Canine Supplies Police 119651 300 EDHLUND,ERIC Deposits Escrow 119652 682 FACILITY SYSTEMS INC Other Contracted Services Furniture 119653 200 FEDEX Postage General 119654 392 GE CAPITAL Other Rentals General 119655 1,170 HENNEPIN CNTY TREAS-GENERAL Board of Prisoner Police 119656 27 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 119657 162,362 MEDICA CHOICE Medical Bills Prepaid General Fund 119658 1,211 METRO SALES INCORPORATED* Other Rentals General 119659 42,917 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 119660 5,186 MINNESOTA STATE TREASURER Building Surcharge General Fund 119661 174 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire 119662 150 MPELRA Dues&Subscriptions In Service Training 119663 377 PARK NICOLLET CLINIC Other Contracted Services Risk Management 119664 265 PETTY CASH Other Contracted Services General Facilities 119665 181 QWEST Telephone Sewer Liftstation 119666 23 RAINBOW FOODS INC. Recreation Supplies Senior Center Program 119667 150 SHAMROCK TOURS Transportation Adult Program 119668 120 SIERRA CORPORATION Equipment Parts Fleet Services 119669 1,082 SIMPLEXGRINNELL LP Repair&Maint.Supplies Maintenance 119670 47 XCEL ENERGY Electric Traffic Signals 136 Check# Amount Vendor I Explanation Account Description Business Unit 119671 399 AMERICAN RED CROSS Recreation Supplies Pool Lessons 119672 1,004 AMERICAN WA 1 ER WORKS ASSOCIATI Training Supplies Water Utility-General 119673 276 ANCHOR PRINTING COMPANY Printing Adaptive Recreation 119674 1,188 AOI ELECTRICAL INC Capital Under$2,000 Fleet Services 119675 45 APT INSTRUMENTS Equipment Repair&Maint Fleet Services 119676 7,795 ASPEN EQUIPMENT CO. Machinery&Equipment Park&Recreation 119677 203 AUTO ELECTRIC SPECIALISTS Equipment Repair&Maint Fleet Services 119678 693 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 119679 941 BENIEK PROPERTY SERVICES INC. Building Repair&Maint. Fire Station#5 119680 132 BERRY COFFEE COMPANY Operating Supplies Fire 119681 737 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 119682 1,620 BLACK&VEATCH Other Contracted Services Utility Improvement Fund 119683 99 BLOOMINGTON PARK CATERED EVENT Miscellaneous Communication Services 119684 69 BLOOMINGTON SECURITY SOLUTIONS Repair&Maint.Supplies City Center Operations 119685 385 BORDER STATES ELECTRIC SUPPLY Repair&Maint.Supplies Park Maintenance 119686 623 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 119687 3,750 BRAUN INTERTEC CORPORATION Design&Engineering Improvement Projects 1996 119688 1,231 BROWN TRAFFIC PRODUCTS Equipment Repair&Maint Traffic Signals 119689 1,416 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 119690 331 CARLSON TRACTOR AND EQUIPMENT Equipment Repair&Maint Park Maintenance 119691 65 CAWLEY COMPANY,THE Office Supplies City Manager 119692 279 CHANHASSEN BUMPER TO BUMPER Equipment Parts Fleet Services 119693 116 CHESLEY TRUCK SALES Equipment Parts Fleet Services 119694 418 CLAREYS INC Small Tools General Facilities 119695 185 CONSTRUCTION BULLETIN Operating Supplies Engineering 119696 180 CORNELL,JON Other Contracted Services Basketball 119697 1,583 CORPORATE EXPRESS Office Supplies General 119698 45 CROWN MARKING INC Miscellaneous City Manager 119699 5,110 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 119700 2,193 CY'S UNIFORMS Clothing&Uniforms Police 119701 342 DALCO ROOFING&SHEET METAL IN Building Repair&Maint. Public Works/Parks 119702 64 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 119703 661 DAVIES/NORTHERN WATER WORKS Other Contracted Services Water System Maintenance 119704 750 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Fire 119705 966 DECORATIVE DESIGNS INC Other Contracted Services City Center Operations 119706 26 DELEGARD TOOL CO Small Tools Park Maintenance 119707 150 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary 119708 3,071 DLT SOLUTIONS INC. Software Information Technology 119709 126 DRISKILLS NEW MARKET Operating Supplies Sports,Fun,&Fitness 119710 10,383 DRT TRANSPORT Other Contracted Services Lime Sludge 119711 197 DYNA SYSTEMS Repair&Maint.Supplies Water System Maintenance 119712 2,027 EARL F ANDERSEN INC Signs Traffic Signs 119713 952 EDEN PRAIRIE APPLIANCE Equipment Repair&Maint Police City Center 119714 1,857 EMERGENCY AUTOMOTIVE TECHNOLOG Equipment Parts Fleet Services 119715 192 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Services 119716 203 EPA AUDIO VISUAL INC Operating Supplies Police City Center 119717 1,874 ESS BROTHERS&SONS INC* Repair&Maint.Supplies Water System Maintenance 119718 2,387 FAMILY HOPE SERVICES Other Contracted Services Housing,Trans,&Human Sery 119719 130 FERRELLGAS Gas Outdoor Center 119720 17 FIKES HYGIENE SERVICES Operating Supplies Prairie Village Liquor Store 119721 1,519 FINLEY BROS INC Operating Supplies Cummins Grill 119722 48 FITNESS WHOLESALE Recreation Supplies Pool Lessons 119723 2,493 FORD,GARY Other Contracted Services Park Maintenance 119724 2,424 G&K SERVICES-MPLS INDUSTRIAL Clothing&Uniforms Park Maintenance 119725 288 GRAYBAR Operating Supplies Street Lighting 119726 326 GREATAMERICA LEASING CORP. Other Rentals General 119727 15,000 GREENER PASTURES Other Contracted Services Round Lake Beach 119728 77 HACH COMPANY Operating Supplies Water Treatment Plant 119729 13,284 HANSEN THORP PELLINEN OLSON Design&Engineering Improvement Projects 1996 119730 10,213 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 119731 33 ICI DULUX PAINT CTRS Repair&Maint.Supplies Park Maintenance 119732 340 IDEXX DISTRIBUTION CORP Operating Supplies Water Treatment Plant 119733 1,180 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Services 119734 256 INGRAHAM&ASSOC Other Contracted Services Park Acquisition&Development 119735 150 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 119736 1,099 ITS A KEEPER Employee Award Communication Services 119737 359 ITTRIUM Software Information Technology 119738 52 J H LARSON ELECTRICAL COMPANY Repair&Maint.Supplies Fire Station#1 119739 462 J J KELLER&ASSOCIATES INC Training Supplies Water Utility-General 1 Tt- Check# Amount Vendor/Explanation Account Description Business Unit 119740 100 J W PEPPER OF MINNEAPOLIS Operating Supplies Art&Music 119741 817 JANEX INC Cleaning Supplies General Facilities 119742 549 JIM HATCH SALES CO Small Tools Park Maintenance 119743 833 JM OIL CO Lubricants&Additives Water Treatment Plant 119744 562 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 119745 692 JOSEPH G.POLLARD CO INC Repair&Maint.Supplies Water System Maintenance 119746 29 KINKO'S Printing Fire 119747 53 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 119748 297 KUSTOM SIGNALS INC Equipment Repair&Maint Police 119749 75 LAKE COUNTRY DOOR Equipment Repair&Maint Public Works/Parks 119750 2,102 LANDFORM ENGINEERING COMPANY Improvements to Land Capital Impr./Maint.Fund 119751 242 LANO EQUIPMENT INC Equipment Parts Fleet Services 119752 164 LINHOFF PHOTO&DIGITAL IMAGIN Video&Photo Supplies Heritage Preservation 119753 33,553 LOGIS LOGIS Information Technology 119754 150 MARTIN-MCALLISTER Employment Support Test Fire 119755 605 MAXI-PRINT INC Printing Police 119756 505 MCNEILUS STEEL INC Repair&Maint.Supplies Park Maintenance 119757 915 MENARDS Capital Under$2,000 Park Maintenance 119758 540 MIDWEST ASPHALT CORPORATION Gravel Street Maintenance 119759 5,000 MILLER DUNWIDDIE Building Capital Impr./Maint.Fund 119760 77 MINN BLUE DIGITAL Operating Supplies Engineering 119761 1,069 MINNESOTA CONWAY Other Contracted Services Water Treatment Plant 119762 50 MINNESOTA FIRE SERVICE CERTIFI Employment Support Test Fire 119763 386 MINNESOTA VIKINGS FOOD SERVICE Employee Award Communication Services 119764 524 MINNESOTA WANNER COMPANY Capital Under$2,000 Capital Outlay Parks 119765 21,466 MTI DISTRIBUTING INC Equipment Parts Fleet Services 119766 4,987 NATIONAL WATERWORKS Repair&Maint.Supplies Water Meter Repair 119767 1,486 NATIONWIDE ADVERTISING SERVICE Employment Advertising Human Resources 119768 4,097 NATURAL REFLECTIONS VII LLC Repair&Maint.Supplies Water Treatment Plant 119769 302 NAUTILUS/SCHWINN FITNESS GROUP Repair&Maint.Supplies Fitness Center 119770 312 NORTHERN TOOL&EQUIPMENT CO. Operating Supplies Park Maintenance 119771 624 OLSEN COMPANIES Operating Supplies Sewer System Maintenance 119772 26 PAPER DIRECT INC Office Supplies Recreation Administration 119773 901 PEPSI COLA COMPANY Merchandise for Resale Concessions 119774 468 PETERSON ENVIRONMENTAL CONSULT Design&Engineering Construction Fund 119775 75 PETSMART Capital Under$2,000 Fleet Services 119776 24 POKORNY COMPANY Equipment Repair&Maint Fire Station#2 119777 710 POWERPLAN Equipment Parts Fleet Services 119778 4,845 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Fire Station#2 119779 2,104 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation 119780 1,005 REAL GEM Employee Award Communication Services 119781 1,138 RIGID HITCH INCORPORATED Capital Under$2,000 Fleet Services 119782 18,223 RMR SERVICES INC Other Contracted Services Water Meter Reading 119783 300 ROOT 0 MATIC Other Contracted Services Sewer System Maintenance 119784 87 RUSSELL&MILLER INC Operating Supplies Den Road Liquor Store 119785 128 SAFETY-KLEEN Other Rentals Park Maintenance 119786 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services 119787 897 SHORT ELLIOT HENDRICKSON INC Design&Engineering Improvement Projects 1996 119788 62 SIMTEK CORPORATION Other Contracted Services Police 119789 500 SL-SERCO Other Contracted Services Water Utility-General 119790 140 SNAP-ON TOOLS Small Tools Fleet Services 119791 45 SOFTWARE HOUSE INTERNATIONAL I Software Information Technology 119792 3,048 SPRINGSTED INCORPORATED Other Contracted Services General Fund 119793 817 SPS COMPANIES Repair&Maint.Supplies Water System Maintenance 119794 98,041 SRF CONSULTING GROUP INC Design&Engineering Charlson Area Construction 119795 33 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 119796 3,271 STREICHERS Clothing&Uniforms Police 119797 1,083 STRUCTURED NETWORK SOLUTIONS Building Repair&Maint. Water Treatment Plant 119798 100 SUBURBAN CHEVROLET GEO Equipment Repair&Maint Fleet Services 119799 6,797 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund 119800 522 SUN NEWSPAPERS Legal Notices Publishing City Clerk 119801 125 SWEDLUNDS Waste Disposal Park Maintenance 119802 1,162 SYSTEM CONTROL SERVICES Other Contracted Services Water Treatment Plant 119803 19 TESSCO Operating Supplies Wireless Communication 119804 3,246 TILTON EQUIPMENT COMPANY Clothing&Uniforms Street Maintenance 119805 360 TOLL GAS AND WELDING SUPPLY Small Tools Park Maintenance 119806 1,050 TOTAL REGISTER Other Contracted Services Prairie Village Liquor Store 119807 54 TRANSPORT GRAPHICS Operating Supplies Fire 119808 566 TRUCK UTILITIES MFG CO Capital Under$2,000 Capital Outlay Parks I 3 T } Check# Amount Vendor!Explanation Account Description Business Unit 119809 210 TWIN CITY OXYGEN CO Lubricants&Additives Fleet Services 119810 59 TWIN CITY SEED CO Landscape Materials/Supp Street Maintenance 119811 376 UNIFORMS UNLIMITED Clothing&Uniforms Animal Control 119812 538 VESSCO INC Equipment Repair&Maint Water Treatment Plant 119813 690 W W GRAINGER INC Capital Under$2,000 Capital Outlay Parks 119814 218 WAYTEK INC Operating Supplies Park Maintenance 119815 180 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 119816 97 WESTWOOD PROFESSIONAL SERVICES Design&Engineering Construction Fund 119817 142 WOLF CAMERA Video&Photo Supplies Police 119818 30 YOCUM OIL COMPANY INC Repair&Maint.Supplies Water Treatment Plant 119819 1,700 ZAHN,GERALD Other Contracted Services Volleyball 119820 1,864 ZIEBART OF MINNESOTA INC Capital Under$2,000 Fleet Services 119821 2,771 ZIEGLER INC Equipment Repair&Maint Public Works/Parks 119822 326 BRY-AIR INC Operating Supplies Ice Arena 119823 91 DELEGARD TOOL CO Equipment Repair&Maint Fleet Services 119824 1,101 EMERGENCY AUTOMOTIVE TECHNOLOG Capital Under$2,000 Fleet Services 119825 412 FERRELLGAS Motor Fuels Ice Arena 119826 375 H M CRAGG CO Equipment Repair&Maint Wireless Communication 119827 589 HANSEN THORP PELLINEN OLSON Design&Engineering Construction Fund 119828 432 HOME DEPOT/GECF Repair&Maint.Supplies General Facilities 119829 1,515 IND SCHOOL DIST 272 Gym Rental Volleyball 119830 452 JANEX INC Cleaning Supplies Maintenance 119831 80 JW PEPPER&SON INC Operating Supplies Art&Music 119832 65 KLOECKNER,LINDA Advertising Community Center Admin 119833 22 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 119834 160 MACDONALD&MACK ARCHITECTS LT Building Capital Impr./Maint.Fund 119835 8 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 119836 181 NORTHERN TOOL&EQUIPMENT CO. Capital Under$2,000 Park Maintenance 119837 107 PAIN ENTERPRISES INC. Chemicals Pool Maintenance 119838 643 SNELL MECHANICAL INC Repair&Maint.Supplies Maintenance 119839 14,199 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 1996 119840 20 STREICHERS Equipment Parts Fleet Services 119841 178 TOTAL REGISTER Operating Supplies Prairie View Liquor Store 119842 628 TRAVELERS DIRECTORY SERVICE Advertising Den Road Liquor Store 2,323,267 Grand Total 1341 + 1210 CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions May 6, 2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Engineering Department Gene City,Director of ' �1� is Franchise Ordinance for Center Point Energy Works Minnegasco - r Requested Action Move to: Approve first reading of an ordinance granting a franchise to Center Point Energy Minnegasco. Synopsis The current 20 year franchise with"Minnegasco" expires in June 2003. The franchise defines the responsibilities of both the City and Center Point Energy for the purpose of providing natural gas to Eden Prairie customers. A model ordinance was developed by the League of Minnesota Cities for adaptation to each community. Staff and the office of the city attorney have made the following modifications for Eden Prairie use: • This franchise will have a ten year rather than a 20 year term. • Provisions that would assume the possibility of installation of gas lines in city parks has been deleted. While it may be possible for Center Point to negotiate specific easements through property owned by the city(out side of right-of-ways) it will be on a case by case bases with no assumption that they will be granted. • Center Point will be required to post a Construction Performance Bond for restoration related to their work within the right-of-way. The balance of the franchise is essentially similar to the one currently in place. Staff recommends approval of the first reading of the ordinance granting a franchise to Center Point Energy Minnegasco. GD:mdd 1WI CITY OF EDEN PRAIRIE HENNEPIN COUNTY,IVIINNESOTA FRANCHISE ORDINANCE FOR CENTERPOINT ENERGY MINNEGASCO ORDINANCE NO. -2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 25 GRANTING TO CENTERPOINT ENERGY MINNEGASCO, A NATURAL GAS UTILITY, A DIVISION OF CENTERPOINT ENERGY RESOURCES CORP., A DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance,the following capitalized terms shall have the following meanings: 1.1 City. The City of Eden Prairie, County of Hennepin, State of Minnesota. 1.2 City Utility System. Facilities used for providing non-energy related public utility service owned or operated by the City or agency thereof, including sewer and water service,but excluding facilities for providing heating or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government that preempts all or part of the authority to regulate gas retail rates now vested in the Commission. 1.4 Company. CenterPoint Energy Minnegasco, a Division of CenterPoint Energy Resources Corp., its successors and assigns, including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this franchise. 1.5 Effective Date. The date on which the ordinance becomes effective under Section 2.2. 1.6 Gas. Natural gas, manufactured gas, mixture of natural gas and manufactured gas or other forms of gas energy. 1.7 Gas Facilities. Gas transmission and distribution pipes, mains, lines, ducts, fixtures, and all necessary facilities, equipment and appurtenances owned, operated or otherwise used by the Company for the purpose of providing gas energy for public use. I LJ2 1.8 Non-Betterment Costs. Costs incurred by the Company from relocation, removal or rearrangement of Gas Facilities that do not result in an improvement to the Facilities. 1.9 Notice. A writing served by a party or parties on another party or parties. Notice to Company must be mailed to: CenterPoint Energy Minnegasco V.P.Regulatory&Supply Service 800 LaSalle Avenue Minneapolis,Minnesota 55402 Notice to City must be mailed to: City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 1.10 Public Way. Any street, alley or other public right-of-way within the City. SECTION 2. FRANCHISE. 2.1. Grant of Franchise. The City grants the Company, for a period of ten (10) years from the Effective Date, the right to import,manufacture, transport, distribute and sell Gas for public and private use within and through the limits of the City. This right includes the provision of Gas that is (i) manufactured by the Company or its affiliates and delivered by the Company, (ii) purchased and delivered by the Company or (iii) purchased from another source by the retail customer and delivered by the Company. For these purposes, the Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Way subject to the provisions of this ordinance. The Company may do all things reasonably necessary or customary to accomplish these purposes, subject to other applicable ordinances, permit requirements and to further provisions of this ordinance. Two years prior to the expiration of this franchise agreement,the parties will meet and discuss renewal of this franchise agreement. 2.2. Effective Date. This franchise is effective from and after its acceptance by the Company. Written acceptance or rejection of the franchise by the Company must be filed with the City Clerk within ninety (90) days after publication of this ordinance. If Company does not file a written acceptance with the City within ninety (90) days, or otherwise places the City on written notice, at any time, that the Company does not accept all the terms of this franchise,the City Council by resolution may either repeal this Ordinance or seek its enforcement in a court of competent jurisdiction. 2.3. Non exclusive Franchise. This ordinance does not grant an exclusive franchise. • 2.4. Legal Fees. Each party is responsible for its own legal fees incurred related to granting of this franchise. 2.5. Publication Expense. The expense of publication of this ordinance must be paid by the Company. I3 2.6. Default. Dispute Resolution. If the City or Company asserts that the other party is in default in the performance of any obligation hereunder, the complaining party must notify the other party in writing of the default and the desired remedy. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty (30) days after service of the notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of the mediator. If a mediator is not used or if the parties are unable to resolve the dispute within thirty(30)days after first meeting with the mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity. 2.7. Continuation of Franchise. If this franchise expires and the City and the Company are unable to agree on the terms of a new franchise, the existing franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of their intention to allow the franchise agreement to expire. SECTION 3. CONDITIONS OF USE. 3.1. Location of Facilities. Gas Facilities must be located, constructed, installed and maintained so as not to interfere with the existing City Utility System or the safety and convenience of ordinary travel along and over Public Ways. The Company's construction,reconstruction, operation,repair,maintenance and location of Gas Facilities is subject to all other ordinances and regulation of the City, currently in place, as modified or developed in the future, as long as there is equal application to other franchised or non-franchised energy corporations. 3.2. Field Location. Upon request by the City,the company must provide field locations for any of its Gas Facilities within the period of time required by Minnesota Statute Section 216D. 3.3. Abandoned Facilities. The Company shall comply with City Ordinance, Minnesota Statute Section 216D.01, et seq., and Minnesota Rules Part 7819.3300, regarding abandoned facilities. The Company shall maintain records describing the exact location of all abandoned and retired facilities within the City, produce such records at the City's request, and comply with the location requirements of Section 216D.04 with respect to all facilities,including abandoned and retired facilities. 3.4. Permit Required. The Company may not open or disturb the surface of any Public Way without first having obtained a permit from the City, for which the City may impose a reasonable fee. The permit conditions imposed on the Company may not be more burdensome than those imposed on other utilities for similar facilities or work. The Company may, however open and disturb the surface of any Pubic Way without a permit if (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) the Company gives notice to the city before, if possible, commencement of the emergency repair. Within two business days after commencing the repair, the Company must apply for any required permits and pay the required fees. �LILJ 3.5. Restoration. After completing work requiring the opening of a Public Way, the Company must restore the same, including paving and its foundation, to the condition formerly existing and maintain the paved surfaces in good condition for two years thereafter. The work must be completed as promptly as weather permits. If the Company does not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and restore the Public Way, the City may, after demand to the Company to cure and the passage of a reasonable period of time not less than five calendar days following the demand, make the restoration at the expense of the Company. The Company must pay to the City the cost of such work done for or performed by the City, including administrative expense and overhead, plus ten percent of cost and administrative expense. This remedy is in addition to any other remedies available to the City for noncompliance with this section. The Company shall also post a construction performance bond consistent with the provisions of Minnesota Rules Part 7819.3000 and 7819.0100, subpart 6. 3.6 Company Protection of Gas Facilities in Public Ways. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Facilities by persons, property or the elements. The Company and the City will comply with all applicable laws and codes when performing work near the Gas Facilities. 3.7 Notice of Improvements. The City must give the Company reasonable notice of plans for improvements to Public Ways where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice must contain; (i) the nature and character of the improvements, (ii) the Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and, (v) if more than one Public Way is involved, the order in which the work is to proceed. The notice must be given to the Company a sufficient length of time in advance of the actual commencement of the work to permit the Company to make any necessary additions, alterations, or repairs to its Gas Facilities. If streets are at final width and grade and the City has installed underground sewer and water mains and service connections to the property line abutting the streets prior to a permanent paving or resurfacing of such streets, and the Company's main is located under such street, the City may require the Company to install gas service connections prior to such paving or resurfacing. 3.8 Mapping Information. The Company must promptly provide complete and accurate mapping information for any of its gas facilities in accordance with the requirements of Minnesota Rules Parts 7819.4000 and 7819.4100. SECTION 4. RELOCATIONS. 4.1 Relocation of Gas Facilities in Public Ways. If the City determines by the proper exercise of its powers to vacate a Public Way for a City improvement project, or to grade, regrade or change the alignment of any Public Way, or construct or reconstruct any City Utility System in any Public Way, the City may order the Company to relocate its Gas Facilities at the Company's own expense. The City must give the Company sufficient 1 1-!5 notice of plans to vacate for a City improvement project, or to grade,re-grade, or change the alignment of any Public Way or to construct or reconstruct any City Utility System. If relocation is required because of the extension of a City Utility System to a previously unserved area, the City may require the Company to make the subsequent relocation at the Company's expense. Nothing in this ordinance requires the Company to relocate, remove, replace or reconnect its Facilities at the Company's expense where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Vacation of Public Ways. The City must give the Company at least two-weeks' Notice of the proposed vacation of a Public Way. Except where required for a City street or other improvement project or as otherwise provided in Section 4.1, the Vacation of a Public Way, after the installation of Gas Facilities, does not deprive the Company of its rights to operate and maintain the Gas Facilities until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to the Company. In no case, however,will City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes Section 160.29. The City and Company shall comply with Minnesota Rules 7819.3200 and applicable ordinances consistent with law. 4.3 Projects with Federal Funding. Relocation, removal or rearrangement of any Gas Facilities made necessary because of the extension into or through the City of a federally- aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46. SECTION 5. DEFENSE AND INDEMNIFICATION. 5.1. Terms. The Company shall indemnify, keep and hold the City, its elected officials, officers, employees, and agents free and harmless from any and all liability On account of injury or death of persons or damage to property occasioned by the construction , maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Ways. The City will not be indemnified for losses or claims occasioned through its,own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City will not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 5.2 Litigation. If such a suit is brought against the City under circumstances where the agreement in this Section 5 to indemnify applies, the Company at its sole cost and expense will defend the City in such suit if Notice thereof is promptly given to the Company within a reasonable period. If the Company is required to indemnify and defend, it will thereafter have control of such litigation, but the Company may not settle such litigation without the consent of the City, which consent will not be unreasonably withheld. This section is not as to third parties a waiver of any defense or immunity otherwise available to the City; and the Company, in defending any action on behalf of the City is entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 6. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 7. FRANCHISE FEE. The City reserves all rights under Minn. Stat. §216B.36 to require a franchise fee at any time during the term of this franchise. If the City elects to require a franchise fee, it must notify Company and attempt in good faith to negotiate a mutually acceptable fee agreement. If an agreement is reached, it must be set forth in a separate ordinance and not adopted until at least 60 days after Notice enclosing the proposed ordinance has been served upon the Company by certified mail. If the City and Company do not reach an agreement, each hereby consents to the jurisdiction of the District Court in Hennepin County to construe their respective rights under the law, subject to all rights of appeal. SECTION 8. LIMITATION ON APPLICABILITY. 8.1 Limitations on Applicability. This Ordinance constitutes a franchise agreement between the City and the Company. No provision of this franchise inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. 8.2 Waiver. This Franchise Agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statute Chapter 466. SECTION 9. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes and replaces previous franchises granted to the Company or its predecessors. SECTION 10. AMENDMENTS. This ordinance may be amended at any time by the City. An amendatory ordinance becomes effective upon the filing of the Company's written consent thereto with the city clerk within 90 days after adoption. SECTION 11. SEVERABILITY. If any portion of this franchise is found unenforceable for any reason, the validity of the remaining provisions will not be affected. SECTION 12. GENERAL CITY CODE PROVISIONS. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code, Including Penalty for Violation" is hereby adopted in its entirety by reference as though repeated verbatim herein. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2003, and finally read and adopted and ordered at a regular meeting of the City Council of said City on the day of ,2003. Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on the day of , 2003. J L/ '-nc( Car rr.e4 tj 'N1 ��eri�erPb,� TM 6- Energy eenferPoinf Minnegasco Energy Connie Hargest 800 LaSalle Avenue Senior Specialist Minneapolis,MN 55402-2006 �1 , ,�]p Local Government Relations 612 321 4899 I_ly'�Y'�� Q Fcc 612 321 5137 Cellular..612-910-1478 connie,hargest@ CenterPointEnergy.com Mayor Tyra-Lukens and City Council Members City of Eden Prairie 8080 Mitchell Rd. Eden Prairie,Minnesota 55344 Dear Mayor Tyra-Lukens and City Council Members: CenterPoint Energy Minnegasco(CEM)began installing gas mains and services in the City of Eden Prairie in 1952 to provide an essential service,natural gas,to the community.We have provided safe and reliable gas service since then,under the terms of our franchise agreement with the City. The current 20 year agreement with CEM authorizes us to install,operate, and maintain our natural gas infrastructure for 21,176 business and residential customers. We have worked with the City's staff to negotiate a new contract for the next 10 years, We would like to present the following facts and statistics regarding CenterPoint Energy Minnegasco's service to the City,as a framework for any discussion regarding our request for this renewal of our franchise. • 51 years of safe and reliable service to the City of Eden Prairie • $17,398,949 of capital invested in the City for gas mains, services,meters,and regulators • 1,512,912 feet of gas Frain and 21,176 meters and regulators serve the City's residents and businesses • $293,533 dollars paid in personal property taxes to benefit the City(year 2002) • 215 miles of gas main and service lines surveyed for gas leaks in Eden Prairie this past year (2002)using new OMD (Optical Methane Detector)infrared technology. The Department of Transportation(MnDot)and the Minnesota Office of Pipeline Safety(MnOps) audit CEM's maintenance work to ensure compliance with Federal and State regulations. CEM's policy is to survey more frequently than the minimum requirements which are:five years for residential mains and services,yearly for business districts,and twice annually for schools. Minnegasco was instrumental in helping to design and implement the"Gopher State One Call" (GSOC)system which is the statewide one call notification system established to inform all Minnesota underground facility operators(cities and utility companies)of intended excavation.We have partnered with MnOps and the MnDot to develop and deliver training on damage prevention to excavators throughout Minnesota.Every year we assist in delivering training,throughout the construction season,to contractors in the excavation business. CenterPoint Energy Minnegasco appreciates the opportunity to serve the residents of Eden Prairie and will continue to offer the high level of service, safety, and reliability that has been provided in the past. We would like to thank you for considering this renewal of our franchise agreement. Sincerely, Connie Hargest Local Government Relations CenterPoint Energy Minnegasco CITY COUNCIL AGENDA DATE: May 6,2003 SECTION: Reports of Councilmembers DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO: City Council— Appointment of Clean Air Task Force Members XV Nancy Tyra-Lukens, Mayor Motion: Move to: Appoint the following individuals to the clean indoor air task force: • Robert Amell (Mayor Tyra-Lukens) • Holly Berndt(Mayor Tyra-Lukens) • Sara Estes (Mayor Tyra-Lukens) • Tavis Hudson(Mayor Tyra-Lukens) • David Jones (Mayor Tyra-Lukens) • Steve Steele (Mayor Tyra-Lukens) • Kevin Berg(Councilmember Young) • Deborah Plumb (Councilmember Butcher) • Fred Seymour(Councilmember Case) Move to: Appoint Gary Chanen as an ex-officio,non-resident member of the task force. Move to: Appoint and as ex-officio Council members of the task force. Synopsis: At their February 18 Workshop, the City Council approved a charter statement outlining objectives, expectations, and a selection process for task force member for a Clean Indoor Air Task Force. Council the appointments would be made at the May 6 Council meeting. The criteria specified that each Councilmember would appoint one member and the remaining ten members would be appointed by the Mayor. The Council will also appoint two of its members to serve as ex-officio representatives of the task force. The Council held an open application process, during which 11 applications were received. It was agreed that the appointments may be made from among these applicants or from residents who individually expressed interest to the Council. Attachments: Task Force Charter Statement Clean Indoor .Air Task Force Objective The objective of the task force is to prepare a list of recommendations for the City Council to consider adopting which will increase the quality of indoor air in buildings in Eden Prairie. Problem/Opportunity Statement • The community has engaged in a broad community discussion of the merits of adopting local regulations that would restrict the ability to smoke indoors in buildings in Eden Prairie. The discussion, for a variety of reasons, did not culminate in a consensus on new regulations. The end result of the discussion was the Council's agreement to appoint a citizen task force to examine the issue from a variety of community perspectives. The Givens The Council establishes the following set of givens to guide the task force: • The City Council will appoint the members of the task force. • Smoking cigarettes has been proven to be unhealthy to the smoker and to the non- smokers who must inhale second-hand smoke. • Increasing the quality of indoor air in Eden Prairie buildings is a desirable outcome for the citizens of Eden Prairie. • The task force will conduct its affairs as a public task force and comply with all State Statutes effecting public bodies. • The task force will invite representatives from the Eden Prairie hospitality industry to attend and participate in the activities of the task force. The Expectations The Council establishes the following set of expectations to guide the task force: • The meetings of the task force will be considered to be open,public meetings. • The City Manager shall provide sufficient staff support for the proper functioning of the task force. • The task force is not to make recommendations for amendments to the City Code. • New guidelines for building owners to improve the indoor air quality of their buildings included in the recommendations submitted to the Council as part of the final deliverable must be voluntary. • The final deliverable shall recommend a system of recognition for building owners who comply with voluntary City guidelines to improve indoor air quality. ISO • The final deliverable shall recommend to the Council a system for measuring compliance with any new voluntary indoor air quality guidelines. • The final deliverable must provide reasonable cost estimates of the cost of implementing new indoor air quality guidelines. Selection of Task Force Members The City will establish an open application process for members of the Eden Prairie public to express their interest in serving as a member of the task force. The task force will be limited to no more than fifteen members. Each member of the Council may appoint one member of the task force. The remaining ten members will be nominated by the Mayor and approved by the City Council. The Mayor's nominations will be approved by a majority vote of the Council. The City Council will appoint two of its members to serve as ex officio representatives to the task force. Sequence of Decisions The task force shall be formally appointed by the City Council on or before May 6,2003. The task force shall meet as necessary until its work is completed. The task force shall deliver its final deliverable to the Council on or before November 1,2003. Process Design The Council will select a neutral third-party consultant to chair the meetings of the task force. The Council will allocate a budget of$3,500 to fund the operations of the task force, exclusive of consulting personnel costs. Communications Plan The City's Public Relations Coordinator will serve as the task force's public information officer. The Chair of the task force will provide a verbal update on the task force's activities to the City Council at the first Council meeting of every month.