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Home My WebLink AboutCity Council - 08/05/2003 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,AUGUST 5,2003 5:00 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. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JULY 15,2003 B. CITY COUNCIL MEETING HELD TUESDAY,JULY 15,2003 VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. WOODDALE CHURCH MASTER PLAN by Wooddale Church. 2nd Reading for Planned Unit Development District Review on 31.07 acres,Zoning District Amendment in the Public Zoning District on 31.07 acres, and Site Plan Review on 31.07 acres. Location: Shady Oak Road and Bryant Lake Drive. (Ordinance for PUD District Review,Zoning District Amendment,Resolution for Site Plan Review) C. CODE AMENDMENT—STANDARDS FOR THE PROTECTION OF WETLANDS 2nd Reading of the Ordinance amending City Code Chapter 11, Section 11.51, Subd. 4. General Provisions -Identification,Delineation,Mitigation, Testing and Reporting Requirements. (Ordinance for Code Amendment) D. ADOPT RESOLUTION APPROVING FINAL PLAT OF PRAIRIE CENTRE TOWN OFFICES E. ADOPT RESOLUTION APPROVING FINAL PLAT OF THE BLUFFS AT PURGATORY CREEK CITY COUNCIL AGENDA August 5,2003 Page 2 F. APPROVE SPECIAL ASSESSMENT AGREEMENT WITH PRAIRIEEVIEW LLC TO ALLOW ASSESSMENTS FOR SEWER ACCESS AND WATER ACCESS CHARGES TO BE LEVIED AGAINST THE PRAIRIEVIEW CENTER PROPERTY G. APPROVE PROFESSIONAL SERVICES AMENDMENT FROM HTPO INC. FOR ANDERSON LAKES PARKWAY TRAIL PROJECT H. APPROVE PROFESSIONAL SERVICES AMENDMENT FROM SEH,INC. FOR THE PIONEER TRAIL (CSAH 1)LANDSCAPE PROJECT,I.C. 94,5369 I. ADOPT RESOLUTION APPROVING COOPERATIVE CONSTRUCTION AGREEMENT WITH MNDOT FOR BRIDGE UNDERPASS LIGHTING ON I-494 AT PRAIRIE CENTER DRIVE,I.C. 01-5550 J. APPROVE CHANGE ORDER NO. 3 FOR THE PIONEER TRAIL AND FLYING CLOUD DRIVE (TH212) UTILITY IMPROVEMENTS,I.C. 52-204 K. APPROVE PROPOSAL FROM SUMMIT ENVIROSOLUTIONS FOR PREPARATION OF A PART II WELLHEAD PROTECTION PLAN (WHPPP),I.C. 005515 L. APPROVE GRADING PERMIT FOR 16309 LINCOLN LANE M. APPROVE ADVERTISEMENT FOR BIDS FOR RE-ROOFING THE SENIOR CENTER AND PARTIAL RE-ROOFING OF THE COMMUNITY CENTER N. AWARD CONTRACT FOR INSTALLATION OF ELEVATOR IN THE MAINTENANCE BUILDING TO THYSSENKRUPP ELEVATOR COMPANY O. APROVE RF CONTROL STATION USE AGREEMENT BETWEEN THE CITY AND THE METROPOLITAN RADIO BOARD P. AWARD QUOTE TO HOPKINS TOWN AND COUNTRY DODGE FOR(1) 2003 DODGE DN5M74 DURANGO SPORT 4X4 VI PUBLIC HEARINGS/MEETINGS A. COSTCO WHOLESALE by Costco Wholesale. Request for Comprehensive Guide Plan Change from Industrial to Regional Commercial on 18.1 acres,Planned Unit Development Concept Review on 18.1 acres, Planned Unit Development District Review with waivers on 18.1 acres, Zoning District Change from I-5 to Commercial Regional Service on 18.1 acres, and Site Plan Review on 18.1 acres. Location 12005 Technology Drive. (Resolution for Comp Guide Change,Resolution for PUD Concept Review, Ordinance for PUD District Review,Zoning District Change) VIII. PAYMENT OF CLAIMS CITY COUNCIL AGENDA August 5,2003 Page 3 IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF MANAGEMENT AND BUDGET DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Mitchell Lake Water Quality Report F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,JULY 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 Councilmember Case served as Acting Mayor in Mayor Tyra-Lukens' absence. H. APPROVAL OF AGENDA III. DISCUSSION TOPICS A. Heritage Preservation Vision City Manager Scott Neal said this workshop is a follow-up to the Heritage Preservation workshop held in March 2003. Neal summarized conclusions Council reached at that meeting, mainly that that Council does want to do historic preservation,but they want to do it in a way that gets them"the most bang for the buck,"including pursuing private partnerships. Neal said earlier in the summer staff had requested that action on a site alteration permit for the Riley-Jaques barn be delayed so they could prepare a proposal to get the project underway this year. Neal said this proposal is on the regular Council meeting agenda. The proposal includes a request for a site alteration permit; an amendment to the CIP to move money earmarked for historic preservation projects to the Riley-Jaques project; directs staff to hold discussions with the Eden Prairie Historical Society about the possibility of running a museum out of the Cummins-Grille House; and alteration plans for the Riley-Jaques Barn. B. Discussion/Consensus Regarding Use of Historic Properties Parks and Recreation Director Bob Lambert provided an overview of the status of the City's four historic homes. 1. Smith-Douglas-More House—Dunn Brothers Adaptive reuse of the Smith-Douglas-More House as a Dunn Bros. coffee shop has been successful to date. 2. Camp Edenwood—Friendship Ventures Lambert said the dining hall and dormitory have been restored. The Hvlacek House is also currently being used as offices. 3. Riley-Jacques Farm—City Programs Lambert said staff feels the Riley-Jaques property has the most potential to raise interest from the public for a variety of recreational uses, such as day camps, teen dances,theatre productions, and the annual Sun Bonnet Days event. Lambert said the historic preservation piece can also be weaved into all of these programs to generate a higher level of excitement in the community about historic preservation. 4. Cummins-Phipps-Grill House—Eden Prairie Historical Society Lambert said one idea for the Cummins House is to offer the space to the Eden Prairie Historical Society for use as a museum. He said staff feels the house would accommodate this type of use, and it would help make it more visible to the public. Lambert said he believes the Historical Society would blossom in this space. C. Reallocation of Historic Preservation Funding Budget Lambert said that in order to have the Riley-Jacques Fann ready for programming by 2005,the Council would need to approve reallocation of CIP funds now. Finance Director Uram referenced two handouts. The first handout shows funding for and income from historic properties. The second handout details current allocation of CIP funds for historic properties for 2002-2007. Uram said the proposed reallocation of funds would leave funding for the Riley-Jaques farm only in the historic preservation budget. However,Uram pointed out, a projected revenue stream of about$100,000 per year from the Cummins-Grille House/Dunn Bros. venture is currently earmarked for historic preservation. Uram said other historic projects could be reprioritized by Council based on the Dunn Bros. revenue stream. Butcher said she loves the idea of opening up the Riley-Jaques Barn,but feels the Council would be making a major philosophical shift from improving all the properties equally. Butcher said she would like the Heritage Preservation Commission(HPC)to have input on this topic. She said the idea of having the Historical Society in the Cummins House is fascinating,but she doesn't believe it would be cost-free. Butcher said the move itself will cost money, and displays cases and climate control will be required. Neal noted that the Historical Society would retain their current space on the lower level of City Center,but that it would be used mainly for storage. Mosman said she envisions a history museum in the Cummins House as a place where things are more"touchable." Butcher said there are many different models for history museums,which is why the Council needs to have a philosophical discussion on the use of its historic properties. She said they need a clear vision, and they need to get it on paper. Case noted that Council is currently being asked only to authorize talks with the Historical Society,not to make a final decision on this issue. Butcher said it would be important to check out whether grants from the State could still be obtained if the Cummins House is used by the Historical Society. Neal said these are issues that would be discussed with any organization that might occupy the space. Case suggested that Council could approve moving funds to the Riley-Jaques Farm and still keep the discussion going about the best use for the Cummins House. He said the details do not need to be worked out tonight. Case said one argument in favor of the Historic Society using the Cummins House as a museum is that it will buy time for the City to obtain further funding. Butcher reiterated that she doesn't want to forsake one property in favor of another. She said Council needs to seek a balance, and perhaps do something more moderate. Case said if they continue to wait for the trickle of grants to come in it will take forever to renovate the Cummins House. He said having the Historical Society Museum housed there is the next best thing to a Dunn Bros. type venture. Butcher asked if the Heritage Preservation Commission(HPC)had been consulted about the idea of a museum in the Cummins House. HPC Chair Lori Peterson-Benike said they have not participated in this discussion to date. Neal said the City's Heritage Preservation Specialist John Gertz has been closely involved in these discussions. Neal said staff has also contacted two Historic Society members about the museum concept. Mosman said she believes Council should go ahead and approve funding for the Riley-Jaques Barn and continue discussions with the Historical Society. Lambert said staff will discuss the Cummins proposal with the HPC, check with the State on any possible funding and use restrictions,hold talks with the Historical Society, and then report back to Council. Councilmember Young asked when the Dunn Bros. option is up and whether or not they are obligated to share financial information with the City. Uram said he is not sure when the option is up,but he believes their lease requires that they provide financial information. Mosman said she likes the creative solutions staff developed for the Riley-Jaques Barn and Cummins House and she thinks they should proceed. Butcher said she wants to see HPC brought into the process. Case said Council has already indicated that they are committed to completing renovation of the houses, so he sees no reason not to approve the staff recommendations at the Council meeting tonight. Young clarified that although a majority of Council may be in favor of spending funds on historic preservation,he has not indicated that he is in complete agreement. IV. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) Southwest Metro Transit Executive Director Len Simich presented proposed changes to signage for which the Council approved waivers at the last meeting. He said staff had constructed and placed paper mock-ups of the banners, and agreed they were not happy with the results. Simich said they created a new banner design they feel is more appealing, and he asked Council to add a brief motion to the Council Agenda to approve the redesigned banners. Councilmember Mosman thanked Simich for the effort they put into making sure the banners are aesthetically pleasing. VI. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.) VH. ADJOURNMENT 73. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JULY 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 Mayor Tyra-Lukens was absent. Councilmember Case served as Acting Mayor and called the meeting to order at 7:08 p.m., following the HRA meeting. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Acting Mayor Case stated that the City Council provides an Open Forum opportunity for Eden Prairie citizens to address the Council on 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. He said the Council also provides an impromptu, unscheduled Open Podium opportunity for citizens to address the Council concerning issues related to Eden Prairie city government from 6:50 to 7:00 p.m. immediately following Open Forum. Case said 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. IV. PRESENTATION ON THE JEAN HARRIS MEMORIAL BRIDGE PROJECT Don Klingel and Basil Wissner of the Jean Harris Gathering Bridge Fundraising Committee gave a Power Point presentation and asked for support of the project to be located in the new Eden Prairie Purgatory Creek Recreation Area. The project is a tribute to the late Mayor Harris,with African heritage symbols and her"10 lessons of life" as part of its design. Klingel said the bridge will be built to honor the memory,principles and spirit of Dr. Harris. He gave biographical information on Harris and hi•plighted her many accomplishments including serving as an Eden Prairie City Councilmember since 1986 and Mayor from 1995 until her death in 2001. CITY COUNCIL MEETING July 15,2003 Page 2 Klingel gave details on how the bridge will be constructed and said the total project cost will be about$150,000 with scheduled completion in the fall of 2004. He said the committee will apply for available grants and send mailings to area businesses and residents requesting donations. Wissner reported that$14,321 has been collected thus far. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS City Manager Scott Neal added Consent Agenda Item K. approving change and design of Southwest Metro Transit banners as discussed earlier this evening.Butcher added a report on correspondence received from residents around Mitchell Lake regarding water quality. MOTION: Butcher moved, seconded by Mosman, to approve the agenda as published and amended. Motion carried 4-0. VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,JULY 1,2003 MOTION: Young moved, seconded by Mosman, to approve as published the minutes of the City Council Meeting held Tuesday, July 1, 2003. Motion carried 3- 0-1 with Butcher abstaining. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. LIFETOUCH by Lifetouch. 2nd Reading for Planned Unit Development District Review on 16.22 acres,ZoningDistrict Change From Commercial Regional to Office on 3.539 acres, and Site Plan Review on 16.22 acres. Location: Viking Drive. (Ordinance No. 23-PUD-13-2003 for PUD District Review,Zoning District Change,Resolution No. 2003-111 for Site Plan Review) C. PONDS EDGE by LandGeeks,,LLC. 2nd Reading for Planned Unit Development District Review with waivers on 8.63 acres, Zoning District Change from Rural to R1-13.5 on 7.16 acres, and Zoning District Amendment within the R1-13.5 District on 1.47 acres. Location: South of Pioneer Trail, west of Stable Path. (Ordinance No. 20-2003-PUD-11-2003 for PUD District Review, Zoning District Change, Zoning District Amendment) D. ADOPT RESOLUTION NO. 2003-112 APPROVING FINAL PLAT OF PONDS EDGE E. ADOPT RESOLUTION NO. 2003-113 APPROVING FINAL PLAT OF THE COVE 2"ADDITION F. APPROVE QUOTE AND AUTHORIZE PURCHASE OF GPS (GLOBAL POSITIONING SYSTEM)EQUIPMENT CITY COUNCIL MEETING July 15,2003 Page 3 G. DECLARATION OF CONSERVATION COVENANTS,CONDITIONS AND RESTRICTIONS FOR OUTLOT A WELTERS TRAILHEAD H. ADOPT RESOLUTION NO. 2003-114 AUTHORIZING DISPOSAL OF TAX FORFEITED LAND- HENNEPIN COUNTY NON-CONSERVATION LIST 884-NC I. ADOPT RESOLUTION NO. 2003-115 AUTHORIZING DISPOSAL OF TAX FORFEITED LAND-HENNEPIN COUNTY NON-CONSERVATION LIST 1027-NC J. ADOPT RESOLUTION NO. 2003-116 APPROVING THE ISSUANCE OF A COMMERCIAL DEVELOPMENT REVENUE NOTE UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA(MEMORIAL BLOOD CENTERS) K. APPROVE CHANGE AND DESIGN FOR SOUTHWEST METRO TRANSIT COMMISSION BANNERS IN ACCORDANCE WITH MATERIALS PRESENTED TO THE CITY COUNCIL ON JULY 15,2003 MOTION: Young moved, seconded by Mosman, to approve Items A-K of the Consent Calendar. Motion carried 4-0. VIII. PUBLIC HEARINGS /MEETINGS A. BRYANT LAKE VIEW SECOND by On the Level Inc. Request for Preliminary Plat of 2.57 acres into 2 lots. Location: South of Crosstown, east side of Beach Road. (Resolution No.2003-117 for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the June 12,2003,Eden Prairie Sun Current, and sent to 10 property owners. He said this is a two lot subdivision on Beach Road. The property is currently zoned R1-22. The project meets all City Code requirements. The Community Planning Board voted 7-0 to recommend approval of the project at its June 23, 2003 meeting. The plan shows a tree loss of 278 diameter inches, or 22%. The required tree replacement is 81 caliper inches. Neal said the tree replacement plan shows 84 caliper inches. In order to provide adequate sanitary sewer service for the existing and proposed homes, along with anticipating any future development, an 8"public sanitary sewer line should be constructed from the existing interceptor line through the outlot and right- of-way of Century Lane up to a common point between the proposed and existing home. Easements will be required over the section of public sanitary sewer line constructed outside the limits of the public right-of-way. Services can then be extended to the individual homes. There were no comments from the public. CITY COUNCIL MEETING July 15, 2003 Page 4 MOTION: Young moved, seconded by Mosman,to close the Public Hearing; and adopt the Resolution No.2003-117 for Preliminary Plat of 2.57 acres into 2 lots; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Neal noted that this project is different from other Bryant Lake neighborhood projects in that it does not carry with it negative neighborhood consequences and there have been no objections to the project. Motion carried 4-0. B. HERITAGE PRESERVATION SITE ALTERATION PERMIT#2003-01-0004 by the City of Eden Prairie. Request to allow renovation of the 1928 dairy barn, and adjacent site improvements. Location: 9100 Riley Lake Road(continued from June 3, 2003) City Manager Scott Neal said official notice of this public hearing was published in the May 22, 2003,Eden Prairie Sun Current, and sent to 23 property owners. He said the Heritage Preservation Commission has reviewed a request for a Site Alteration Permit for the Riley-Jacques Farm for renovation of the barn, associated parking area and park trail connections. The barn has a total of 4,400 square feet. The future use of the building is to provide a flexible space for theatre, as well as,various recreation programs and rentable space for gatherings. Neal said this item was continued at the June 3,2003 City Council meeting for staff to review cost estimates and funding for the renovation project. The Heritage Preservation Commission voted 5-0 to recommend approval of the project and recommend the City Council approve the Site Alteration Permit. This action was taken by the Heritage Preservation Commission at its regularly scheduled May 19,2003 meeting. Neal said the site alteration permit is.separate and distinct from the funding discussions scheduled tonight. He said it is conceivable that the permit can be granted with alternative ways to fund it. Case noted that this is a continuation of the public hearing held June 3, 2003. He said this is a local government designated site and all such sites must go through this process. There were no comments from the public. MOTION: Butcher moved, seconded by Mosman,to close the Public Hearing and approve the Heritage Preservation Site Alteration Permit#2003-01-0004. Motion carried 4-0. • C. CODE AMENDMENT—STANDARDS FOR THE PROTECTION OF WETLANDS (First Reading of an Ordinance Amending City Code Chapter 11.51) City Manager Scott Neal said official notice of this public hearing was published in the July 3,2003,Eden Prairie Sun Current. He said the code amendment is to clarify 0 CITY COUNCIL MEETING July 15,2003 Page 5 the requirements for reporting the results of annual monitoring of wetland buffers. This is needed to determine that the wetland buffers are developing according to the approved wetland buffer plan. The Community Planning Board voted 7-0 to recommend approval of the Code Amendment at the June 23,2003 meeting. Eden Prairie adopted City Code Chapter 11 - Section 11.51 entitled"Standards for the Protection of Wetlands"(Wetland Protection Code) on April 1,2003. Currently the annual buffer monitoring requirement is listed as part of the definition for"Wetland Plan"and in Subdivision 9,Vegetation Performance Standards, subpart D. However, there are no clear guidelines given for reporting of the results of the monitoring to the City. There were no comments from the public, MOTION: Mosman moved, seconded by Young, to approve 1st Reading of the Ordinance amending City Code Chapter 11, Section 11.51 Subd. 4. General Provisions—Identification,Delineation, Mitigation, Testing and Reporting Requirements. Motion carried 4-0. IX. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Butcher,to approve the Payment of Claims. The motion was approved on a roll call vote,with Butcher, Case,Mosman and Young voting "aye." X. ORDINANCES AND RESOLUTIONS A. EMERSON PROCESS MANAGEMENT ADDITION by Rosemount Inc. Request for Planned Unit Development Concept Review on 58.89 acres, Planned Unit Development District Review on 58.89 acres,Rezoning from Rural to I-5 on 9.2 acres, and Preliminary Plat of 58.89 acres into 2 lots. Location 12001 Technology Drive. (Resolution No. 2003-118 for PUD Concept Review, Ordinance for PUD District Review,Zoning District Change, Zoning District Change,Resolution No. 2003-119 for Preliminary Plat) City Manager Scott Neal said the project is a subdivision of 58.89 acres into two lots and a rezoning of 9.2 acres from Rural to I-5. The City Council closed the public hearing on this item on July 1, 2003 and continued discussion to the July 15, 2003 meeting. Staff met with Rosemount on Thursday to discuss locations for the road easement and the events that would trigger the construction of the road. Neal said Staff and Rosemount agree to the following: 1. The road easement would be located within the power line easement as shown on the preliminary plat. Alternative locations for the road easement at the time of future development will be considered based on City requirements and the most practical and cost effective design,that maximizes development potential, while avoiding the relocation of the power line and telecommunication equipment. CITY COUNCIL MEETING July 15,2003 Page 6 2. The road would be constructed by the Emerson Rosemount when a guide plan change,rezoning,planned unit development, site plan review, subdivision, or building expansion greater than 50,000 square feet is requested. 3. Emerson Rosemount shall pay for the road within the property based on a not to exceed 48 foot wide commercial standard and will be designed based on project needs for redevelopment. If development is an industrial expansion then the road shall be a 37 foot wide industrial standard. 4. The City will maintain the road. 5. If MNDOT or the City triggers the construction of the road,Emerson Rosemount would not pay for the cost of the road. The construction cost shall include relocating visitor parking to the north side of the building. 6. Emerson Rosemount may build the road privately or petition the City as a 100% petitioned special assessment project. Case said 50,000 square feet is the negotiated item and the City wanted to make sure if the land was sold,the road was built and Emerson Rosemount wanted to make sure they could expand and wanted to make sure they could expand without triggering that road build option. MOTION: Butcher moved, seconded by Mosman, to adopt the Resolution for Planned Unit Development Concept Review on 58.89 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with and Change from Rural to I-5 on 9.2 acres; and adopt the Resolution for Preliminary Plat of 58.89 acres into 2 lots; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 4-0. XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Butcher reported she has received communications from homeowners around Mitchell Lake regarding water quality of the lake. She said they are looking into changing the classification of the lake from a natural lake to recreational lake. She requested Staff check into the concerns and report back to the Council.Neal said that response should be ready by the first Council meeting in August. Case said communication with the homeowners could be done through email. Butcher suggested possibly posting the information on the City website so that the 150 member group could view it. CITY COUNCIL MEETING July 15,2003 Page 7 B. REPORT OF CITY MANAGER 1. Council Action On Historic Preservation Requests Neal summarized the requested action on this item that involves proposing taking all available funds within the CIP and designating them for the Riley/Jacques project. He said if that is done, it will create a sufficient amount of funding so that bids can be solicited for the project and the project can be completed in a short-term time period.Neal said funding could be continued with the revenue stream from the Dunn Brothers project. Neal said there is potential for a relationship between the City and the Historical Society to bring operational expertise into the Cummins House to open it more hours, offering more access to the public and to provide programs at the house. Young said there is value in using the barn for recreational purposes during the summer,but his vote will be based on his general concern of depleting the funds. He expressed concern that revenue from the Dunn Brothers project could not solely replenish the funds. Mosman said she likes the fact that an existing building is being used. She asked how much the building cost. Lambert said approximately$225,000. Mosman said the fact that a historical building is being developed, used and saved is desirable. She said it is also desirable that there is existing parking, a park, outhouses, facilities and developed fields and we would be adding to something that already draws large numbers of people. Mosman requested the balance of other Park and Recreation projects. Butcher spoke in favor of the project. She said it would be an important asset to the community and recreational activities should be offered in that area. Case said Young's caution is well taken and Council decisions are made on what is believed to be in the best interest of most people. He said quality of life and history are important to a City and he believes this is an appropriate step. MOTION: Mosman moved, seconded by Butcher,to authorize Staff to meet with the Eden Prairie Historical Society to discuss possible operation of the Cummins-Phipps-Grill House as a museum; and authorize transfer of funds within the CIP from other historic site projects to the Riley-Jacques Barn project; and authorize going to bid on the Riley-Jacques Barn project; and approve amendment to the architectural services contract.for the Riley-Jacques Barn. Motion carried 3-1 with Young opposed. CITY COUNCIL MEETING July 15,2003 Page 8 Lambert reported that current Park and Recreation projects discussed earlier this year include recommendations for an outdoor swimming pool and water park, community center improvements and improvements to Flying Cloud ball fields. He said since that time, a number of private companies have shown an interest in partnering with the City to develop facilities without 100 percent public funding. He said discussions are continuing on this. Lambert also said a City survey will be drafted within the next 30 days and brought to the Council before mailing to citizens with the appropriate questions at the appropriate time. He said if a partnership with a company becomes a possibility,it will also be brought to the Council but at this time it is only under discussion. C. REPORT OF MANAGEMENT AND BUDGET DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Mosman, to adjourn the meeting. Motion carried 4-0. Acting Mayor Case adjourned the meeting at 7:56 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 5,2003 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police/C.O.P.Unit Clerk's License Application List Christy Weigel : ' A These licenses have been approved by the department heads responsible for the licensed activity. Private Kennel Barb &Jim Gabbert—3 dogs New Liquor License(s)—New Ownership Licensee name:Happy Family,Inc. (Formerly Cam Ranh Bay, Inc.) Dba: Cam Ranh Bay Niece is buying restaurant from current owner. I CITY COUNCIL AGENDA DATE: 08/05/03 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Donald R.Uram Wooddale Church Master Plan Michael D. Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Amendment within the Public Zoning District on 31.07 acres; and • Adopt the Resolution for Site Plan Review on 31.07 acres; and • Approve the Development Agreement for Wooddale Church Synopsis This project is an expansion of the parking lot and relocation of the existing stormwater pond. 1. Ordinance for PUD District Review and Zoning District Amendment 2. Resolution for Site Plan Review 3. Development Agreement Iu WOODDALE CHURCH MASTER PLAN CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 22-2003-PUD-21-2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Public Zoning District 22-2003-PUD-21-2003 (hereinafter"PUD-21-2003-Public). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of August 5, 2003, entered into between Wooddale Church and the City of Eden Prairie, (hereinafter "Development Agreement"). The Development Agreement contains the terms and conditions of PUD-21-2003-Public, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-21-2003-Public is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-21-2003-Public is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-21-2003-Public are justified by the design of the development described therein. D. PUD-21-2003-Public is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. 15 Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Public District and shall be included hereafter in the Planned Unit Development 21-2003-Public, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 3rd day of June, 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 5th day of August, 2003. ATTEST: Kathleen A. Porta, City Cleric Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on 1(O EXHIBIT A PUD Legal Description —Wooddale Church Master Plan Lot 1,Block 1, Wooddale Church Addition,Hennepin Village WOODDALE CHURCH MASTER PLAN CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 22-2003-PUD-21-2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE 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 amendment of the zoning of land located at Shady Oak Road and Bryant Lake Drive within the Public 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.) I WOODDALE CHURCH MASTER PLAN CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR WOODDALE CHURCH MASTER PLAN BY WOODDALE CHURCH WHEREAS, Wooddale Church,has applied for Site Plan approval of Wooddale Church Master Plan for construction of additional parking by an Ordinance approved by the City Council on August 5, 2003; and WHEREAS,the Community Planning Board reviewed said application at a public hearing at its May 12,2003 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its June 3,2003 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Wooddale Church for Wooddale Church Master Plan, based on plans dated June 3, 2003, between Wooddale Church, and the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie this 5th day of August,2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta, City Clerk 19 DEVELOPMENT AGREEMENT WOODDALE CHURCH 2003 THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of , 2003, by Wooddale Church, a Minnesota non-profit 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 Planned Unit Development Concept Review on 31.07 acres, Planned Unit Development District Review on 31.07 acres,Zoning Amendment in the Public Zoning District on 31.07 acres, and Site Plan Review on 31.07 acres, outlots, legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning Amendment in the Public Zoning District and Resolution No. for Site Plan Review,Developer agrees to construct,develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials dated September 21, 1981,reviewed and approved by the City Council on November 17, 1981, (hereinafter the" 1981 Plans"),as amended by the materials dated March 24, 1988, reviewed and approved by the City Council on April 5, 1988, (hereinafter the "1988 Supplemental Plans), and as amended by the materials revised and stamp dated ,reviewed and approved,by, the City Council on June 3,2003,(hereinafter the " 2003 Plans"). The"2003 Plans" are identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. • 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Property or 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"2003 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 s hall submit t o the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. upon request by the City, Developer shall provide preconstruction and post construction surveys for evaluation by City. 6. TREE LOSS-TREE REPLACEMENT: There are 5,548 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 1,134 diameter inches. The tree replacement required is 552 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 552 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. 7. REAFFIRMING CONDITIONS OF DEVELOPMENT AGREEMENT: Developer agrees to all of the terms,conditions and obligations of"Developer"under the Development Agreement dated December 15, 1981,and the Supplement to Development Agreement dated August 16, 1988, except as amended by this Agreement. 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 • By .,,e-- fe ... . By Its s g 4c 4,e Pace,-- Nancy Tyra-Lukens Its Mayor By By Its Scott H.Neal Its City Manager STATE OF MINNESOTA ) ) 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 instrument was acknowledge before me this-I i day" of �u-�, ,2003,by "(\e(A Ylf et t - c) , the A3S S-Vf4' i'4, of LB�Olua rx , a Minnesota1t1 NL'oQh d OJ,e on behalf of the o. .c.111�C�� I ( CLaex No y Public Nrsim OXANNE M. MSEOTARY PUBUIC,M1NNESOTA Co+eiduion Expires Jan.31,1001 EXHIBIT A DEVELOPMENT AGREEMENT -WOODDALE CHURCH LEGAL DESCRIPTION Lot 1,Block 1, Wooddale Church Addition,Hennepin Village • • ay EXHIBIT B DEVELOPMENT AGREEMENT—WOODDALE CHURCH LIST OF MATERIALS 1. Phase 6 Layout Plan dated by Dahlgren, Shardlow, and Uban 2. Phase 6 Tree Replacement Plan dated by Dahlgren, Shardlow, and Uban ' 3. Phase 6 Landscape Plan Plan, dated by Dahlgren, Shardlow, and Uban EXHIBIT C DEVELOPMENT AGREEMENT—WOODDALE CHURCH 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. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. IV. Provisions of this Agreement shall be binding upon and enforceable against owners,their successors, and their assigns of the Property herein described. V. 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. VI. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) 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. 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 1im.ited 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 or 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. VII. 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. VIII. 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. • IX: 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 m ade herein, C ity may b e without an adequate remedy a t 1 aw. 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. X. 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. XI. 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. XII. 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. XIII. 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. • XIV. The City shall not issue any building permit for the construction of any building,structure,or improvement o n the Property until a 11 requirements 1 isted i n t his Exhibit C have b een satisfactorily addressed by Developer. XV. 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. XVII. 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—WOODDALE CHURCH 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. a�1 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: • 30 a. Withhold the schednling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. c. Withhold the issuance of building permits d. At its option,institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs,including but not limited to, attorneys'fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the highest legal rate. • Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of inspections maybe assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I,We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of Eden Prairie,Minnesota. By: By: Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRINT): ADDRESS CITY CITY COUNCIL AGENDA DATE: 08/05/03 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning YE Donald R.Uram City Code Amendment—Wetland Standards Leslie Stovring Requested Action • Approve 2ndst Reading of the Ordinance amending City Code Chapter 11, Section 11.51 Subd. 4. General Provisions—Identification,Delineation,Mitigation, Testing and Reporting Requirements. Synopsis This code amendment is to clarify the requirements for reporting the results of annual monitoring of wetland buffers. This is needed to determine that the wetland buffers are developing according to the approved wetland buffer plan. Attachments 1. Ordinance for Code Amendment 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 11.51 RELATING TO STANDARDS FOR THE PROTECTION OF WETLANDS; 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 11.51, Subd. 4, is amended to add subpart (J) as follows: J. Prior to release of the final plat for any portion of the Property, Developer shall submit an executed contract with a qualified wetland consultant, as determined by the City Manager and/or designee, for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report ("Annual Buffer Report") which evaluates the condition of the wetland(s) and wetland buffer strip(s). The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified. The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which preparation of the wetland(s) and/or wetland buffer strip(s) is completed. Thereafter, this report shall be submitted annually until two full growing seasons following completion of the development have passed, at which point a Final Annual Buffer Report shall be submitted. The Final Annual Buffer Report shall evaluate the wetland(s) and /or wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or the Final Annual Buffer Report, the Developer shall correct the area(s) identified within ninety (90) days of submission of the Report. Section 2. City Code Section 11.51, Subd. 9, subpart (D) is amended to read as follows: D. The Applicant shall establish and maintain the wetland and wetland buffer strip vegetation in accordance with the requirements found in this Code, including those requirements stated in Section 11.51, Subd. 4, subpart (J), both during development and for two full growing seasons after 33 completion of the development. During this time, the Applicant must replant any wetland and/or wetland buffer strip vegetation that does not survive. Section 3. 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 through 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 15th day of July, 2003, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 5th day of August, 2003. Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Sun Current on the day of , 2003 31 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MENNESOTA SUMMARY OF ORDINANCE NO. 2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 BY AMENDED SECTION 11.51 RELATING TO STANDARDS FOR THE PROTECTIONOF WETLANDS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. -2003. The full text is available for public inspection by any person during regular office hours at the office of the City Clerk. The purpose of the new section is to clarify the requirements for reporting the results of annual monitoring of wetland buffers. This is needed to determine that the wetland buffers are developing according to the approved wetland buffer plan. The Ordinance amends City Code Section 11.51, subdivision 4, relating to standards for the protection of wetlands. The Ordinance incorporates, by reference, City Code Chapter 1 and City Code Section 11.99, which contain definitions and provisions relating to penalties. Effective Date. This Ordinance shall take effect upon publication ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on 3� CITY COUNCIL AGENDA DATE: August 5,2003 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Engineering Final Plat Approval of Prairie Centre Town 3 I) Randy Slick Offices Requested Action Move to: Adopt the resolution approving the fmal plat of Prairie Centre Town Offices Synopsis This proposal is located east of Aztec Drive and south of Anderson Lakes Parkway. The plat consists of 1.8 acres to be platted into one lot with two buildings, one with four units and the other with three. This is a replat of Outlot A,Aztec Town Office Park. Background Information The preliminary plat was approved by the City Council May 20, 2003. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on June 17,2003. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$332.50. • The requirements as set forth in the Developer's Agreement. • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor. • Revision of plat to include the removal of north lot line of Lot 1 out of the drainage and utility easement. Attachments Drawing of final plat 3� CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF PRAIRIE CENTRE TOWN OFFICES WHEREAS, the plat of Prairie Centre Town Offices has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Prairie Centre Town Offices is approved upon compliance with the recommendation of the City Engineer's report on this plat dated August 5, 2003. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on August 5, 2003. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk i :€ _ : _ _ ; _ - I NI III lit I ri.r! -a .., I E { i YI - 'M i If'- . T -y 1 tits r r ;s al tE:t € 5 1 ., i 5 I:1 aS i211- E e y E lE r. 5 S E-:11 £ EY.( • i i 1s • . < "- - E r� 3 ,r 1 _ - Er. S5 .. i e1s:� Y !p :•1.)N 1s*s i 7t 9 o § c •.,y` pp : i 5 d r: :; E S !- V (I t I g 1 ; W- I; T L:- w F gTx .:"1 f •• Y a i e €1 }' F F i Z� I = 1 g »1,1 s F r ' gg• :$j - •I 11N gist 4 s' 7. _e L'1 a F.¢ a 9 = s 3 all'a .> . 1 < g=€R 1 Y x 2 1 2 E q q . •t € .n ef li a ' :I s ! i; I # 1E_L \1= ub 1 i V.F11. fi g - _ K -I! iJii 4 i =e� �� 0 Ba dII $ _,; Ji ; it -44 I s :€ t-3` [1 Q SEss: 1i E5 r F g €: i 1 i x f iti1. I g ;ad = s- 5 1111 :- I F U d • k sx rreea srs,ersex 8 E c C 1 +.L ' t 'tif w m I �IL ��- m g N i l It i•Tt _ s z,, O • \\ Ao LeaI ,c g i o oi .....K.O0S ySS.N 2 2.- pi 111— • 6\\\ Y'$ L.Ltd O I • O � \ Y' . M.10.r• .� o i' i Q O w z •1 • b 1 ,6S 692p •.10,61.<t. q ! l / -• it Lr $ IIII $ 1n Oe/ 1 ob'PIN I /; I R ap r' / �,q O9 I IA g pp ai W ii , ; aR X .�: / w e U - :�,.. ary' e / •• 9 h 3g CITY COUNCIL AGENDA DATE: August 5,2003 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Engineering Final Plat Approval of The Bluffs at Purgatory �' Randy Slick Creek Requested Action Move to: Adopt the resolution approving the final plat of The Bluffs at Purgatory Creek. Synopsis This proposal is located north of the Center Drive cul-de-sac. The plat consists of 10.55 acres to be divided into three single family lots and one outlot. This is a replat of Lot 3, Block 1, Gray Fox Bluff. Background Information The preliminary plat was approved by the City Council May 20, 2003. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on June 17,2003. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$300.00. • Receipt of street lighting fee in the amount of$79.65. • Satisfaction of bonding requirements for the installation of public improvements. • Execution of Special Assessment Agreement for trunk utility improvements and Hillcrest/Alpine 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 a driveway easement for reciprocal,joint access and maintenance for the benefit of Lots 1,2, and 3. • Prior to release of final plat,Developer shall submit a wetland plan. • Revision of plat to include drainage and utility easement over all public utilities. • Dedication of Outlot A to the City. Attachments Drawing of final plat 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF THE BLUFF AT PURGATORY CREEK WHEREAS, the plat of The Bluff at Purgatory Creek 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 Bluff at Purgatory Creek is approved upon compliance with the recommendation of the City Engineer's report on this plat dated August 5, 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 August 5, 2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk I 1 —N 0250'52"E 412.97 -- _ C • i yr F • T r O�9 N.i yV '9 N O w ''ro Z m 8 O G�j7- O • • its • • • '•4 B9 -f-7 Cow x. Ili -`f-I • %y i y/// 2 sn • VN o•/ P4/ //o m/ //. / cP�A ;o ///\a` \; ss \ aN v5;s%y '\\.air r \s E,j ill law ,%'% / 1 _� ) \\\ .'--- •' -- y "' k,,i 4' �'`.'„% i "a`' ' // S 0202'48"E 186.14 O Ny1 It, I�� - 4$ •a/v ml.i ��}� � /v // 33 / /$ i' /i' it 1r/ "I 9�/�y4S :' M vi /6 ,' /g \ N i G8' i''$tl 9�r / / N v /�$,,, I .f`/ m aau° • // / 4 / /•\ y 2 / • / Y / 4'1. /R /1 r �• ih �A 1'• / • /1 ••'4 /�v .G. EsFr o • o b rn c ti \ 8rg '_0_ . g o g •• N z 1 --;ce \ / 1- 3 s It g a g O z P c] g'5 c 5 • y,s" N A b] / •r�9 ° 3 O = 5: / m V� I FAn ' 1 LI 1 CITY COUNCIL AGENDA DATE: August 5,2003 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Public Works Prairieview Special Assessment Agreement V I ' Eugene A.Dietz F. Requested Action Move to: Approve Special Assessment Agreement with Prairieview LLC to allow assessments for Sewer Access and Water Access Charges to be levied against the Prairieview Center Property. Synopsis The new India Palace restaurant is proposed for the Prairieview Shopping Center(Rainbow area) in what was once a bagel shop. Due to the high water and sewer utilization of a restaurant facility, the Sewer Access Charge (SAC) and Water Access Charge (WAC) has a combined additional cost of $47,400.00. Ordinarily SAC and WAC fees are paid as a fee at time of building permit issuance. However, we are informed that the financial feasibility of the facility is jeopardized by this "up front"payment. In order to facilitate small business restaurants in the community, the City has made the accommodation of collecting the fee as a special assessment. The last example was the D'Amico restaurant at Preserve Village Mall. Background Information The SAC and WAC fees of $47,400.00 are the City portion of the fees only. Fees that are collected as a "pass through" to Metropolitan Council are in addition and are not part of the Special Assessment Agreement. The agreement provides for the collection of these fees over a 10-year period at an interest rate of 6% beginning. in 2004. The final assessment for this agreement will be levied this Fall with other projects for our customary Special Assessment Hearing. Staff recommends approval of the agreement. Attachments Special Assessment Agreement ya SSA No.03-04 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 Prairieview Retail,LLC, a Minnesota corporation(the "Owner"). A. The Owner holds legal and equitable title to property as described in Exhibit A attached hereto, 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 a manner that is dependent on the City's trunk sanitary sewer and water system. The construction of the trunk sanitary sewer and watermain system is financed in part by the Sewer Access Charge(SAC)and Water Access Charge(WAC)fees due at the time of issuance of a building permit. C. The parties hereto desire to enter into an Agreement concerning the financing of a portion of the SAC and WAC fees due for the construction of the proposed New India Palace for which a building permit is proposed to be issued. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property for the City portion of SAC and WAC units due for the property. 2. The total amount to be assessed against the Property shall be as$47,400.00. 3. The assessment shall be levied in the fall of 2003 and'collection with taxes will commence in 2004. The assessment period shall be ten(10)years. The interest rate shall be six(6)percent. 4. The City's assessment records for the Property will show the assessment as a"pending assessment" until levied. 5. The Owner waives 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. 6. The Owner concurs that the benefit to the Property by virtue of the City's development of trunk sanitary sewer and water systems exceeds the amount of the assessment to be levied against the Property for SAC and WAC fees together with other trunk sanitary sewer and water assessments.The Owners waive all rights they have 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. 7. The owner agrees that no portion of the assessment referred to above shall be included in the computation of"Taxes"for which the City would otherwise be obligated to pay pursuant to Section 3 of that certain Lease between Prairieview Retail,LLC as Landlord and the City of Eden Prairie as Tenant,which Trace has a commencement date of September 1,2002 and a Termination Date of August 31,2003. L3 Prairieview Retail,T 7 r CITY OF EDEN PRAIRIE A Minnesota Corporation A Minnesota Municipal Corporation By United Properties Investments: By: Nancy Tyra-Lukens,Mayor It's: By: ScottH.Neal,City Manager It's: Nationwide Life Insurance Company, hereby consents to the execution and recording of this Special Assessment Agreement. By: STATE OF MINNESOTA ) )ss HENNEPIN COUNTY ) 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 HENNEPIN COUNTY ) The foregoing instrument was acknowledged before me this day of ,2003,by the and the of United Properties Investments,a Minnesota Corporation,on behalf of the Owner. Notary Public STATE OF MINNESOTA ) )ss HENNEPIN COUNTY ) The foregoing instrument was acknowledged before me this _day of ,2003,by the of Nationwide Life Insurance Company on behalf of the Company. Notary Public IA I EXHIBIT A . Parcel 1: Lot 1,Block 1,Prairie View Center 2°d Addition,according to the recorded plat thereat,Hennepin County, Minnesota,except Parcel 81 as shown in Minnesota Department of Transportation Right of Way Plat No. 27-53. Parcel 2: Lot 3,Block 1,Prairie View Center 2' Addition,according to the recorded plat thereof Hennepin County, Minnesota. L 5 CITY COUNCIL AGENDA DATE: August 5,2003 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C. 01-5525 ITEM NO.: Engineering Approve Professional Services Amendment from Rodney W. Rue HTPO,Inc. for Anderson Lakes Parkway Trail .6-• Project . Requested Action Move to: Approve Professional Services Amendment from HTPO, Inc. for Anderson Lakes Parkway Trail project. Synopsis This amendment to the professional service agreement for this project is the result of a delay in the project as well as the addition of a right turn lane on Franlo Road at Anderson Lakes Parkway. Background Information This trail construction will eliminate a gap in the trail system along the south side of Anderson Lakes Parkway. There are some easement/tree issues along the proposed trail route. This project also includes the construction of a short right turn lane on Franlo Road to alleviate some of the congestion at that intersection. Attachments HTPO, Inc.'s Professional Services Amendment 216 p 1 I Engineering•Surveying � J ; ) Landscape Architecture 1 July 1,2003 City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attn:Mr. Rod Rue Re: Anderson Lakes Parkway Trail from Neil Lake Road underpass to existing trail east of Franlo Road. Dear Rod: HTPO hereby requests to amend the fee estimate of our October 13, 2000 proposal from$10,000.00 to $17,000.00. Our request is based on the 3 year time extension of trail project, and the addition of a right turn lane on Franlo Road to the scope of services. Thank you for your consideration to provide these additional services. Sincerely, HANSEN THORP PELLINEN OLSON, INC. Laurie A. Johnson,P.E. Principal LAJ Approved: City of Eden Prairie By: 7510 Market Place Drive Eden Prairie, MN 55344 952-829-0700 By: 952-829-7806 fax 141 HANSEN THORP PELLINEN OLSON, INC. CITY COUNCIL AGENDA DATE: August 5,2003 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C.94-5369 ITEM NO.: Engineering Approve Professional Services Amendment from Rodney W.Rue SEH, Inc. for the Pioneer Trail(CSAH1) Landscape Project Requested Action Move to: Approve Professional Services Amendment from SEH, Inc. for the Pioneer Trail(CSAH1)Landscape Project. Synopsis This amendment to the professional service agreement for this project is the result of additional tasks associated with the original design contract, as well as a more significant effort on construction observation and neighborhood coordination. This amendment includes additional professional fees in the range of$31,205 to $37,815 beyond the original design contract. The fee range is proposed to accommodate the approximate time needed to provide the field coordination with individual property owner's landscaping concerns. Background Information As per our Construction Cooperative Agreement with Hennepin County, the City is responsible for the design and construction services associated with the landscaping project for CSAH 1 (Pioneer Trail). The City's share of the landscape project will be financed with State Aid funds. The approved landscape plan (which is currently being installed) was developed with assistance from a group of corridor residents. Attachments SEH, Inc.'s Professional Services Amendment y% Butter Square Bldg,Ste 710G,100 N 6th Street,Minneapolis,MN 55403-1505 612.758.6700 612.758.6701 FAX architecture • engineering • environmental • transportation July 16,2003 RE: City of Eden Prairie CSAH 1 Pioneer Trail Landscaping Construction Management Services SEH No. AEDENP0002.01 Mr. Rod Rue Assistant City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Dear Rod: This letter is written for two reasons. One is to confirm the construction management services that SEH will be providing for the Landscaping project. The second is to address the invoicing and billing for the design and final plan preparation contract for the landscaping on Pioneer Trail. Construction Management The CSAH 1, Pioneer Trail Landscaping is about to start. The construction management task is expected to be very involved because of the need for public input and coordination with the neighbors. Laurie McRostie, the Project Landscape Architect, will continue to be involved and is scheduled to provide construction observation and neighborhood coordination.This should ensure a smooth transition from design to installation. The City has obtained right-of-entry forms from most property owners. There will need to be contact and coordination with those that have returned the forms as well as with those that have not. In addition, we will be contacting property owners who have made improvements that have impacted planting area. We will probably need to reach agreement with them about not planting on their property. We will also be.staking each tree location and reviewing the location with each property owner that so desires to do that. There are 72 property owners on the project and 650 trees that need staking. This does not include the median plantings. SEH prepared a letter that lays out the staking and review schedule and mailed it to all the property owners on the project. The public involvement portion of this project is very difficult to estimate and is dependent on the cooperation and reaction of the neighbors. It is my experience that even with all the front-end communication that has occurred, the neighbors will be very active and demanding during the construction process. The minute they see stakes and trees they are going to call. The ones that don't make the scheduled review meeting will call independently asking for special attention. We will try and keep this at a minimum but it is my understanding that the City would like to cooperate with the neighbors as much as possible. Short Elliott Hendrickson Inc. • Your Trusted Resource • Equal Opportunity Employer Mr.Rod Rue July 16,2003 Page 2 Because of the low bid process the City has also contracted with a contractor that has had little experience in this type of work.There will be a need to observe this contractor and coordinate with them quite a bit because of their lack of experience. This is necessary in order to protect the best interests of the City and to facilitate a quality project. We have already started to provide construction management services and a budget is proposed that has been estimated in the following way. It is expected that the contractor will be working at least through the middle of August,if not Ionger.I have planned for about ten weeks of construction with an average of 30 hours per week of construction observation and neighborhood coordination for that ten-week construction period, for an estimated cost of$35,400.00 over that time period.The hourly rate is $118.00 per hour. Some weeks could be more hours, some less. I would expect that for the first 6 weeks I will be providing the estimated 30 hours per week and that after that the hours will drop to maybe 8 to 16 per week. That kind of time effort is estimated to range in cost from $25,016.00 to $28,792.00. As of June 15`h, we have already completed 16.5 hours of work, including; contract preparation, a field meeting with the contractor, the pre-construction meeting, and preparation of the schedule letter that was sent to the residents. In addition, the City has a two- year warranty on the plant material for this project and you may require landscape architectural services from SEH periodically in that time period. Status of Design Contract In addition as you know, we have long ago used up the design contract fee of $62,202.00. The project design has gone on for over three years when it was supposed to be built at the end of two years.This project started in June 2000 and was to be built in the fall of 2001 or the spring of 2002. Many things changed on the road project and the landscape design project and this schedule was not maintained. More meetings were held and County requirements exceeded the agreed upon scope. Many changes were made based on public input, the actual condition of the built roadway and County and City comments. I discussed this budget issue with you as early as December 2001. At that time you indicated I should note our discussion in the file and that we would continue to keep track of the budget. We have spent $76,499.89 completing the plans with all the modifications required, obtaining County and State Aid approval, working with the task force, having an extra open house and going out for bid and securing a contract. The financial status of the contract follows. Plans were completed and County and State Aid approval was obtained. A contract has been let for construction and the landscape contractor is working. SEH would like to be paid the balance remaining on the existing contract.We would also like to be paid an additional $2,412.72 to cover the cost of the completed extra work as it is described below. Work Task Hours Cost 1. Sight line studies for County approval—This requirement was not in the original scope and was required by the County. 20 $1582.28 2. Coordination meetings with the County and the City. 4 $381.64 3. Final Open House held 11/7/02—Extra Public Meeting beyond the the scope. 4 $448.80 TOTAL 28 $2,412.72 50 Mr.Rod Rue July 16,2003 Page 3 Summary Total Design Contract $62,202.00 Extra Work on Design Contract $2,412.72 Construction Management Fee Range Estimate $28,792.00 to$35,400.00 SEH would like to be paid the outstanding amount on the design contract and receive payment for the extra work completed. We propose to complete construction observation and management services for the City of Eden Prairie on a time and materials basis.You would be invoiced monthly for the work that was completed. We will keep you informed as to the hours and the fee that are being spent on*the project as it proceeds. If this proposal is acceptable to you please sign and return a copy to SEH as authorization to complete the work. Sincerely, SHORT ELLIOTT HENDRICKSON INC. X.A.L,_))711c Laurie McRostie David C.Halter,P.E. Landscape Architect Client Service Manager Accepted this day of ,2003 CITY OF EDEN PRAIRIE,MINNESOTA By: Title: By: Title: n:klients\edenpntiric10o02\contractskonstroctinnservicesscopefee1172D03.doc 61 CITY COUNCIL AGENDA DATE: August 5,2003 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C. 01-5550 ITEM NO.: Engineering Approve Cooperative Construction Agreement For Rodney W. Rue Maintenance of Bridge Underpass Lighting on I- j 494 at Prairie Center Drive Requested Action Move to: Adopt resolution approving Cooperative Construction Agreement with MnDOT for Bridge Underpass Lighting on I-494 at Prairie Center Drive. Synopsis This agreement defines the ownership and maintenance responsibilities for the City requested lighting under the I-494 bridges at Prairie Center Drive. The City will be responsible for all ownership and maintenance responsibilities. MnDOT will be installing the lighting at no cost to the City. Background Information We requested this lighting due to the fact that when the I-494 bridges are expanded the "gap" between the bridge will be dramatically reduced. Attachments MnDOT Cooperative Construction Agreement No. 85511 5�. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. APPROVE COOPERATIVE CONSTRUCTION AGREEMENT FOR MAINTENANCE OF BRIDGE UNDERPASS LIGHTING ON I-494 AT PRAIRIE CENTER DRIVE (LC. 01-5550) WHEREAS, the City of Eden Prairie has requested bridge underpass lighting on I-494 at Prairie Center Drive; and WHEREAS, the Minnesota Department of Transportation (MnDOT) has prepared a Cooperative Construction Agreement that identifies ownership, maintenance and financial responsibilities for said bridge lighting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that said Cooperative Construction Agreement No. 85511 for State Project No. 2785-327 (T.H. 494=393) is hereby approved and the Mayor and City Manager are authorized to execute the agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on August 5, 2003. • Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk PRE-LETTING - STATE OF MINNESOTA Mn/DOT SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO. SECTION COOPERATIVE CONSTRUCTION AGREEMENT 85511 S.P. 2785-327 (T.H. 494=393) Fed. Proj . IM-NH 4944 (273) The State of Minnesota AMOUNT ENCUMBERED Department of Transportation, and The City of Eden Prairie (None) Re: City maintenance of underpass • lighting on Trunk Highway No. 494 Bridges No. 27713 and AMOUNT RECEIVABLE No. 27714 at Prairie Center Drive (None) THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Eden Prairie, Minnesota, acting by and through its City Council, hereinafter referred to as the "City" . • SI 85511 WHEREAS, the State is currently reconstructing Trunk Highway No. 494 from 300 feet south of Valley View Road in the City to 0.5 miles east of West Bush Lake Road in the City of Bloomington under State Project No. 2785-327 (T.H. 494=393) and in the records of the Federal Highway Administration under Minnesota Project IM-NH 4944 (273) ; and WHEREAS, the City has requested that the State include in its reconstruction of Trunk Highway No. 494, the installation of underpass lighting on Trunk Highway No. 494 Bridges No. 27713 and No. 27714 at Prairie Center Drive; and WHEREAS, the State will install the underpass lighting without cost or expense to the City, however, the City must own, operate, maintain and supply power to the underpass lighting without cost or expense to the State; and • WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purpose of constructing, maintaining and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - MAINTENANCE BY .THE CITY Upon satisfactory completion of the underpass lighting installation to be performed on Trunk Highway No. 494 Bridges No. 27713 and No. 27714 at Prairie Center Drive within the corporate City limits under State Project No. 2785-327 (T.H. 494=393) , the City shall provide for the proper maintenance of and keep in repair that lighting, without cost or expense to the State. The City shall also provide the necessary electrical energy for its operation, without cost or expense to the State. 85511 ARTICLE II - FUTURE RESPONSIBILITIES Upon satisfactory completion of the underpass lighting installation to be performed on Trunk Highway No. 494 Bridges No. 27713 and No. 27714 at Prairie Center Drive within the corporate City limits under State Project No. 2785-327 (T.H. 494=393) , the City shall thereafter accept full and total responsibility and all obligations and liabilities arising out of or by reason of the use, operation, maintenance, repair and reconstruction of the lighting and all of the facilities a part thereof installed hereunder, without cost or expense to the State. ARTICLE III - EXAMINATION OF BOOKS, RECORDS, ETC. As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of each party relevant to this Agreement are subject to examination. by each party, and either the legislative auditor or the .state auditor ' as appropriate, for a minimum of six years from final payment. ARTICLE IV - CLAIMS Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes Section 3 . 736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. ARTICLE V - AGREEMENT APPROVAL Before this Agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State and City officers as the law may provide in addition to the Commissioner of Transportation or her authorized representative. 85511 ARTICLE VI - AUTHORIZED AGENTS The State's Authorized Agent for the purpose of the administration of this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155, (651) 296-0969 . The City's Authorized Agent for the purpose of the administration of this Agreement is Eugene A. Dietz, Director of Public Works, or his successor. His current address and phone number are 8080 Mitchell Road, Eden Prairie, MN 55344, (952) 949-8310. 85511 IN TESTIMONY WHEREOF. the parties have executed this Agreement by their authorized officers. CITY OF EDEN PRAIRIE DEPARTMENT OF TRANSPORTATION Recommended for approval: By Mayor By District Engineer Date Approved: By By State Design Engineer City Manager Date Date Approved as to form and execution: By Contract Management Date COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By Date 158. 0,6 CITY COUNCIL AGENDA DATE: August 5,2003 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C.52-204 ITEM NO.: Engineering Approve Change Order No.3 for the Pioneer Rodney W.Rue Trail and Flying Cloud Drive(TH 212)Utility '� Improvements Requested Action Move to: Approve Change Order No. 3 for the Pioneer Trail and Flying Cloud Drive (TH 212)Utility Improvements in the amount of$1,270.82. Synopsis This Change Order is for raising two watermain manholes that were deeper than anticipated. Attachments Change Order No. 3 for I.C. 52-204 CHANGE ORDER#3 Date: 7/14/03 To: City of Eden Prairie City Improvement Contract#: I.C. 52-204 Project Name: Pioneer Trail and Hwy: 212 Utility Improvements Contractor: S.M. Hentges & Sons, Inc. Engineer: Hansen Thorp Pellinen Olson Inc. • Nature of Changes: 1. Raise two 16" butterfly manholes due to watermain being deeper than 8'. Adjustments to Contract Price: 1. Lump Sum $ 1,270.82 Summary of Contract Changes: Original Contract Amount: $ 319,143.71 Previous Change Orders: $ 20,936.42 Net Increase resulting from Change Order#3 $ 1,270.82 Current Contract Amount including Change Order#3: $ 341,350.95 THE ABOVE CHANGES ARE APPROVED Hansen Thorp Pellinen Olson, Inc. City of Eden Prairie By: // / By: Date: i/}-773 Date: • THE ABOVE CHANGES ARE ACCEPTED • S.M. Hentges on , By: 4r/.` g Date: 7_1 J L 3 60 S. M. H I NTGES & SONS, INC. P.O. BOX 69 JORDAN, MN 55352 (952) 492-5700 FAX (952)492-5705 Revised Change Order Request 6 Customer Reference Date of Request 6/20/03 ' H.T.P.O. Charles Howley 7510 Market Place Drive Eden Prairie, MN 55344 Job No. Job Description Job Location 02-454 Pioneer Trail & Flying Cloud Eden Prairie, MN Drive DESCRIPTION OF WORK PERFORMED: Changes were necessary to raise valve manholes at tie into existing main by S.A. APPROX UNIT UNIT BID ITEM QTY MEAS DESCRIPTION PRICE AMT 2 VF 60" Manhole filler section 149.95 299.90 1 VF 60"Manhole adjustment section 254.92 254.92 2 Hr Foreman with Truck and tools 74.00 148.00 4 Hr 300 Komatsu Backhoe & 142.00 568.00 Operator • Total $1,270.82 5%Profit $0.00 5% Overhead $0.00 • Total Due $1,270.82 Please issue a change order for the above amount. Sincerely, -AV/ Zd42;C' Gary ape ac Project Manager G:UOBS\Open Jobs\02-454 PIONEER TRAIL&FLYING CLOUD DR\Change Orders\6-Revised.DOC CITY COUNCIL,AGENDA DATE: August 5,2003 SECTION: Consent Agenda DEPARTMENT: Public Works Department ITEM DESCRIPTION: Proposal to ITEM NO.: Leslie Stovring Complete the Part II Wellhead Protection Through Eugene Dietz Plan(LC.#00-5515) Requested Action Move to: Approve proposal from Summit Envirosolutions for preparation of a Part II Wellhead Protection Plan(WHPP)at an estimated cost of$21,500. Synopsis The proposal is to complete Part II of the City's Comprehensive Wellhead Protection Plan(WHET). Part I of the WHPP was prepared by Summit and was approved by the Minnesota Department of Health(MDH). A public informational meeting for Part I was held on May 14t'. Part I included delineation of the Wellhead Protection Area(WHPA)and the Drinking Water Supply Management Area(DWSMA). Part II will evaluate features within and develop management decisions for these areas. Background The Minnesota Department of Health(MDH)has been designated as the lead agency for developing the State's Wellhead Protection Program. This includes overseeing the development of Wellhead Protection Plans(WHPP's)by individual Cities. The intent of the WHPP is to evaluate measures that will be needed to protect the groundwater entering and flowing through this area in order to protect our drinking water supply from contamination. Summit will provide the City with a Wellhead Protection Management Plan (WPMA) that will include evaluation of items such as the following. • Agreement with the City of Minnetonka for management of our DWSMA and WHPA as they both extend into Minnetonka. • Potential sources of contamination to the DWSMA as well as the degrees of risk of land uses within this area. • Source-management controls to control the risk and/or potential contaminant sources to minimize impacts to the DWSMA. • Monitoring or educational tools to evaluate the effectiveness of the source management controls. • Contingency measures to address potential interruption of public water supply if contaminants are identified within the DWSMA. A Public Information Meeting will be held prior to finalization of the Part II WHPPP to get resident input for definition of source-management controls and prioritization of efforts. Attachments • Proposal for Wellhead Protection Plan:Part II dated June 24,2003 6D V • ,fit Summit `...Envi rosol utions June 24,2003 Ms. Leslie Stovring Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Subject: Proposal for Wellhead Protection Plan: Part II City of Eden Prairie, Minnesota Dear Leslie: Summit Envirosolutions, Inc (Summit) is pleased to submit this proposal for preparation and submittal of Part II of Eden Prairie's Wellhead Protection Plan. The estimated cost for the proposed scope of work is $21,500, and is based upon the anticipated level of effort required by the City in preparing the Part II Plan. This engagement ie based on a time-and-materials, not-to-exceed estimate, and assumes'that Summit will provide any and all assistance as directed by the City up to the contracted amount. The proposed scope of work includes the following elements: 1. Compilation of ttata elements required by the Minnesota Department of Health as indicated in their Part II Scoping Memorandum; • 2. Preparation of a Wellhead Protection Management Plan (the Part II report). 3. Project management and oversight, including attendance at interim meetings leading up to submittal of the Part II report, and preparation for and attendance at a public hearing to discuss the content of the Part II Report. An additional task, referred to as the Contaminant Source Inventory, has been budgeted.and approved under a prior contract. Therefore, no additional funding is requested to complete that task. This proposal includes preparation for, and attendance at, all public meetings required through submittal of the final report. This scope of work concludes upon acceptance of the Part II report by the Minnesota Department of Health(MDH). SCOPE OF SERVICES An outline for each of the proposed tasks, and the anticipated level of effort, is provided below. Task 1:Compilation of Data Elements Summit will access existing sources of data and information, and will compile those data into an Arcview and/or tabular format for each of the data elements identified during the Part II Scoping meeting. The data elements include information relative to precipitation, geology, soils, water resources, land use, utilities, surface water and groundwater. Summit will prepare data tables and figures summarizing each data element. The figures and tables will support the preparation of the Part II report. Summit will coordinate with the City of Minnetonka with respect to obtaining any required ArcView shapefiles and other useful information from their files. This task does not include verification of the accuracy for these data elements, including the Contaminant Source Inventory, as that is anticipated to be an ongoing effort and is considered part of Eden Prairie's plan of action to protect the public water supply. • 1217 Bandana Boulevard North•St.Paul,MN 55106•Phone(651)644-8080•Fax(651)647-0888 www.summite.com Ms. Leslie Stovring-6/24/2003 Proposal for Preparation of Wellhead Protection Plan—Part II Page 2 Task 2:Preparation of a Wellhead Protection Management Plan (Part II Report) Summit will review the compiled data elements, and will work with the City to identify the wellhead protection goals, objectives and plans of action. Summit will rely on the city of Eden Prairie to provide the Alternative Water Supply section of the report as required by Minnesota rules 4720.5280. Summit will prepare the Part 11 report for submittal to the MDH on behalf of the City. The report will be provided in printed and electronic format. Summit will prepare one draft and submit it to the City to review. The City will make any substantive changes (editorial) and return it to Summit for completion of the final draft. Five copies of the final report are included, as well as a compact disk for distribution and one bound copy for the City. Task 3:Project Management and Oversight Summit will coordinate and oversee the management and successful completion of the project, including attendance at any and all required regulatory meetings and interface with local communities within the Drinking Water Supply Management Area(DWSMA). This includes the required public hearing. COST ESTIMATE A breakdown of the costs is presented in the table below. Task Level of Effort Cost Estimate 1 —Compilation of Data Elements _ 45 Hours $4,500 2—Preparation of Part II Report 120 Hours $12,000 3—Project Management and Oversight 50 hours $5,000 $21,500 Summit proposes to perform these tasks on a time and materials, not-to-exceed basis in accordance with our 2003 fee schedule and the City of Eden Prairie General Conditions, both of which are considered to be part of this proposal. We will not exceed the authorized amount without prior approval, received in writing, from the City. We look forward to working with you. If you have questions regarding the contents of this proposal or the project in general, please contact our office at(651)644-8080. • Sincerely, Summit Envirosolutions, Inc. AA-L9"-ke- Kevin J. Miller Principal Hydrogeologist ACCEPTANCE: Name/Title: Name/Title: Signature: Signature: Date: Date: SUM11-iIT ENVIROSOLUTIONS,INC. 2003 CONSULTING FEE SCHEDULE EMPLOYEE CLASSIFICATION HOURLY RATE* PRINCIPAL $120.00 SENIOR PROJECT MANAGER $110.00 . SENIOR SCIENTIST/ENGINEER $100.00 PROJECT MANAGER $ 90.00 SCIENTIST/ENGINEER $ 80.00 SENIOR FIELD SCIENTIST/ENGINEER $ 70.00 • FIELD SCIENTIST/ENGINEER $ 60.00 TECHNICIAN II $ 50.00 . TECHNICIAN 1 $ 40.00 CLERICAL - $ 30.00 LEGAL/EXPERT TESTIMONY 2.0 x Rate Weekend, holiday,>12 hour day, and emergency response work may be at rates higher than fee schedule. Contact project manager for applicable rates. SUBCONTRACTOR FEES AND OTHER EXPENSES • FEE SUBCONTRACTOR INVOICES PROCESSED BY SUMMIT COST+ 15% EMPLOYEE REIMBURSABLE EXPENSES COST+ 15% SHIPPING&COURIER EXPENSES COST+.15% OTHER DIRECT EXPENSES ** COST'+ 15% PROJECT-SPECIFIC EQUIPMENT&SUPPLIES VARIES * Represents minimum rates for each classification. ** Includes expenses not specifically itemized, such as long distance telephone charges, postage,reproduction costs and mobile telephone charges. • • • 2003 Fee Schedule subject to change without notice. Invoicing to client on a monthly basis. Terms: Due upon receipt. Finance charge of 1.5% per month on accounts past 30 days outstanding. 02fcesch.doc C101-0202 65 CITY OF EDEN PRAIRIE GENERAL CONDITIONS Consultant Agreement SECTION 1: PROJECT INFORMATION 2.5 City agrees to render reasonable assistance requested by 1.1 City will provide to Consultant all known information Consultant to enable performance of work without delay or regarding existing and proposed conditions of the site or which interference,and upon request of Consultant,to provide a suitable affects the work to be performed by Consultant. Such workplace. information shall include, but not be limited to site plans, surveys, known hazardous waste or conditions, previous 2.6 City will be responsible for locating and identifying all laboratory analysis results,written reports,soil boring logs and subterranean structures and utilities. Consultant will take applicable regulatory site response(Project Information). reasonable precautions to avoid damage or injury to subterranean structures and utilities identified and located by City and/or 1.2 City will transmit to Consultant any additions,updates,or representatives of Utility Companies. revisions to the Project Information as it becomes available to City,its subcontractors or consultants. SECTION 3: SAMPLES 1.3 City will provide an on-site representative to Consultant Not Applicable within 24 hours upon request, to aid, define, supervise, or coordinate work or Project Information as requested by • SECTION 4: FEE PAYMENT I CLAIMS Consultant. 4.1 Consultant will submit invoices to City monthly,and a final 1.4 Consultant will not be liable for any decision,conclusion, invoice upon completion of work. Invoices will show charges recommendations, judgement or advice based on any based on the current Consultant Fee Schedule or other documents inaccurate information furnished by City, or other as attached. subcontractors or consultants engaged by City. 4.2 To receive any payment on this Contract,the invoice or bill SECTION 2: SITE LOCATION,ACCESS,PERMITS, must include the following signed and dated statement: "I declare APPROVALS AND UTILITIES under penalty of perjury that this account,claim,or demand is just and correct and that no part of it has been paid." 2.1 City will indicate to Consultant the property lines of the site and assume responsibility for accuracy of markers. 4.3 The balance stated on the invoice shall be deemed correct unless City notifies Consultant,in writing,of the particular item 2.2 City will provide for right-of-way for Consultant personnel that is alleged to be incorrect within ten(10)days from the invoice and equipment necessary to perform the work. date. Consultant will review the alleged incorrect item within ten (10) days and either submits a corrected invoice or a statement 2.3 City will be solely responsible for applying for and indicating the original amount is correct. obtaining permits and approvals necessary for Consultant to perform the work. Consultant will assist City in applying for 4.4 Payment is due upon receipt of invoice(or corrected invoice) and obtaining such permits and approvals as needed. It is and is past due sixty(60)days from invoice date. On past due understood that City authorizes Consultant to act as agent for accounts,City will pay a finance charge of 1.5%per month on the City for City's responsibilities under this section including unpaid balance, or the maximum allowed by law, whichever is signing certain forms on City's behalf such as Right-of-Way less,until invoice is fully paid. forms. 4.5 If City fails to pay Consultant within sixty(60)days following 2.4 While Consultant will take reasonable precautions to invoice date, Consultant may deem the default a breach of its minimize any damage to property,it is understood by City that agreement,terminate the agreement,and be relieved of any and all in the normal course of the work some damage may occur. The duties under the agreement. City however,will not be relieved of correction of any damage is the responsibility of City or, at Fee Payment responsibilities by the default or termination of the City's direction,the damage may be corrected by Consultant agreement. and billed to City at cost plus 15%. Notwithstanding the above,Consultant agrees to be responsible for damage caused 4.6 City will be solely responsible for applying for and obtaining by Consultant's negligence. any applicable compensation fund reimbursements from various City of Eden Prairie General Conditions Consultant Agreement February2001 Page 1 of4 state and federal programs. Consultant may assist City in delinquent amount City owes under this agreement applying for or meeting notification requirements, however. Consultant makes no representations or guarantees as to what 6.3 If City institutes a suit against Consultant,which is dismissed, fund reimbursement City may receive. Consultant shall not be dropped,or for which judgement is rendered for Consultant,City liable for any reductions from reimbursement programs made will pay Consultant for all costs of defense, including attorney for any reason by state or federal agencies,except as may be fees,expert witness fees and court costs. caused by Consultant's negligence. 6.4 If Consultant institutes a suit against City,which is dismissed, 4.7 City may withhold from any final payment due the dropped,or for which judgement is rendered for City,Consultant Consultant such amounts as are incurred or expended by the will pay City for all costs of defense, including attorney fees, City on account of the termination of the Contract expert witness fees and court costs. SECTION 5: OWNERSHIP OF DOCUMENTS 6.5 Dispute Resolution 5.1 Consultant will deliver to City certain reports as 6.5.1 Mediation instruments of the professional work or services performed pursuant to this Agreement. All reports are intended solely for All claims, disputes and other matters in question (hereinafter City,and Consultant will not be liable for any interpretations "claim")between the parties to this Agreement,arising out of or made by others. relating to this Agreement or the breach thereof,shall be subject to mediation: If the parties have not resolved the dispute within 5.2 City agrees that all reports and other work furnished to thirty(30)days of receipt of a written complaint,each party may City,or City's agents or representatives,which are not paid for, require the dispute be submitted for mediation. If the parties are will be returned to Consultant upon demand and will not be unable to agree on a mediator within ten(10) days following a used by City for any purpose. request for mediation,either party may request that a mediator be appointed by the Fourth Judicial District Court. The parties agree 5.3 Unless otherwise agreed,Consultant will retain all pertinent to share equally all fees incurred in the mediation. records or reports concerning work and services performed for a period of at least two (2) years after report is submitted. The parties shall submit to mediation for a minimum of eight(8) During that time the records will be made available to City hours. The parties agree that the mediation proceedings are during Consultant's normal business hours. City may obtain private and confidential. If,at the end of eight hours of mediation, reproducible copies of all software,manuals,maps,drawings, the parties have not resolved the dispute,the parties may agree to logs and reports at cost,plus 15%,for data and materials not extend hours of mediation. being provided as part of the scope of work for the project. 6.5.2 Arbitration 5.4 City may use the Consultant report in its entirety and may make copies of the entire report available to others. However, At the option of the party asserting the same,a claim between the City shall not make disclosure to others of any portions or parties to this Agreement, arising out of or relating to this excerpts of a report constituting less than the entire report,or to Agreement or the breach thereof, whereby the party or parties mislead others by omitting certain aspects contained in the asserting the same claims entitlement to damages or payment of report. less than$25,000.00 in aggregate may be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the 5.5 Consultant will consider Project Information as confidential American Arbitration Association then existing unless the parties and will not disclose to third parties information that it mutually agree otherwise. In the event any person shall acquires,uncovers,or generates in the course of performing the commence an action in any court for any claim arising out of or work, except as and to the extent Consultant may, in its sole relating to this Agreement or the breach thereof or the Project or discretion,deem itself required by law to disclose. construction thereof or any contract for such construction, the party making a claim in arbitration may dismiss such proceedings SECTION 6: DISPUTES/LIMITATIONS OF (unless the hearing on the claim has commenced) and elect to REMEDIES assert its claim in such action if such party could have done so but for the provisions of this Paragraph. 6.1 In the event of a breach of Contract by City,the Consultant shall not be entitled to recover punitive, special or The parties agree to bear equal responsibility for the fees of AAA, consequential damages or damages for loss of business. including the arbitrator(s). Judgement upon the award rendered by the arbitrator(s)maybe entered in any court having jurisdiction 6.2 City will pay all reasonable litigation or collection expenses thereof. including attorney fees that Consultant incurs in collecting any City ofEden Prairie General Conditions Consultant Agreement February 2001 Page 2 of 4 In the event that arbitration services are not available from maintain during the performance of this agreement Worker's AAA,either party may request that an arbitrator be appointed Compensation Insurance coverage required pursuant to Minn. by the Fourth Judicial District Court. Stat.176.181,subd.2 and that the Certificate of Insurance or the written order of the Commissioner of Commerce permitting self 6.5.3 Compliance insurance of Worker's Compensation Insurance coverage provided to the City prior to execution of this agreement is current The parties deem the dispute resolution procedure as set forth and in force and effect. herein to be an integral and essential part of this Agreement. A party's failure to comply in all respects with this procedure 9.2 Consultant shall procure and maintain professional liability shall be a substantial breach of this Agreement. The insurance for protection from claims arising out of professional arbitrator(s)shall be authorized to assess costs and attomey's services caused by any negligent act,error or omission for which fees against a party that has failed to comply with the procedure Consultant is legally liable. in all respects,and,may as a condition precedent to arbitration, require the parties to mediate in accordance with Section 6.5.1 9.3 Certificate of insurance will be provided to City upon request. hereof. SECTION 10: TERMINATION SECTION 7: STANDARD OF CARE 10.1 The agreement between Consultant and City may be 7.1 Consultant's opinions,conclusions,recommendations,and terminated by either party upon thirty-(30)days written notice. report, if any, will be prepared in accordance with the City's Request for Proposal and Consultant's proposal and no 10.2 If the agreement is terminated prior to completion of the warranties,representations,guarantees,or certifications will be project, Consultant will receive an equitable adjustment of made. Except that Consultant warrants that hardware and compensation. software will perform as represented in their proposal and other parts of this agreement. SECTION 11: ASSIGNMENT 7.2 Although data obtained from discrete sample locations will 11.1 Neither party may assign duties, rights or interests in the be used to infer conditions between sample locations no performance of the work without obtaining the prior written guarantee may be given that the inferred conditions exist consent of the other party,which consent will not be unreasonably because soil, surface and groundwater quality conditions withheld. between sample locations may vary significantly,and because conditions at the time of sample collection may also vary SECTION 12: DELAYS significantly with respect to soil, surface water and groundwater quality at any other given time and for other 12.1 If Consultant is delayed in performance due to any cause reasons beyond Consultant's control. beyond its reasonable control,including but not limited to strikes, riots,fires, acts of God,governmental actions, actions of a third 7.3 Consultant will not be responsible or liable for the party, or actions or inactions of City, the time for performance interpretation of its data or report by others. shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional SECTION 8: GENERAL INDEMNIFICATION charges,if any,due to the delay. 8.1 Consultant will indemnify and hold City harmless from and SECTION 13: EXTRA WORK against demands, damages, and expenses caused by Consultant's negligent acts and omissions, and breach of 13.1 Extra work,additional compensation for same,and extension contract and those negligent acts,omissions, and breaches of of time for completion shall be covered by written amendment to persons for whom Consultant is legally responsible. City will this agreement prior to proceeding with any extra work or related indemnify and hold Consultant harmless from and against expenditures. demands, damages, and expenses caused by City's negligent acts and omissions, and breach of contract and those acts, SECTION 14: WITHHOLDING TAXES omissions, and breaches of persons for whom City is legally responsible. 14.1 No final payment shall be made to the Consultant until the Consultant has provided satisfactory evidence to the City that the SECTION 9: INSURANCE/WORKER'S Consultant and each of its subcontracts has complied with the COMPENSATION provisions of Minn.Stat.290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue 9.1 Consultant represents and warrants that it has and will shall satisfy this requirement. City of Eden Prairie General Conditions Consultant Agreement February 2001 Page 3 of4 matter. There are no representations,agreements,arrangements or SECTION 15: AUDITS understandings, oral or written between City and Consultant relating to the subject matter of this Agreement which are not fully 15.1 The books,records,documents and accounting procedures expressed herein. and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either 18.2 The agreement between Consultant and City may be the Legislative Auditor or the State Auditor for a period of six modified only by a written amendment executed by both City and (6)years after the effective date of this Contract. Consultant. SECTION 16: PAYMENT TO SUBCONTRACTORS 18.3 This agreement is governed by the laws of the State of Minnesota. 16.1 The Consultant shall pay to any Subcontractor within ten (10)days of the Consultant's receipt of payment from the City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent (1-1/2%)per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is$10.00. For an unpaid balance of less than $100.00, the Consultant shall pay the actual amount due to the Subcontractor. SECTION 17: DATA PRACTICES ACT COMPLIANCE 17.1 The Consultant shall at all times abide by Minn. Stat. 13.01 et seq.,the Minnesota Government Data Practices Act,to the extent the Act is applicable to data and documents in the possession of the Consultant. SECTION 18: DISCRIMINATION In performance of this contract, the Consultant shall not discriminate on the grounds of or because of race,color,creed, religion,national origin,sex,marital status,status with regards to public assistance, disability, sexual orientation, or age against any employee of the Consultant,any subcontractor of the Consultant, or any applicant for employment. The Consultant shall include a similar provision in all contracts with subcontractors to this Contract. The Consultant further agrees to comply will all aspects of the Minnesota Human Rights Act, • Minn.Stat.363.01,et seq.,Title VI of the Civil Rights Act of 1964,and the Americans with Disabilities Act of 1990. SECTION 19: CONFLICTS No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest,direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. SECTION 20: ENTIRE AGREEMENT 18.1 This Agreement contains the entire understanding between the City and Consultant and supersedes any prior written or oral agreements between-them respecting the written subject City of Eden Prairie General Conditions Consultant Agreement February2001 Page 4 of4 CITY COUNCIL AGENDA DATE: August 5, 2003 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Engineering Grading Permit for 16309 Lincoln Lane Alan D. Gray .L , Requested Action Move to: Approve grading permit for 16309 Lincoln Lane. Synopsis Scott Malmsten has requested a grading permit to construct a berm on the property line between his home at 16309 Lincoln Lane and the Smith Douglas More Property to assist in screening headlight glare from the parking lot at Dunn Brothers. Background Information Details are provided in the attached July 24, 2003 letter to Mr. Malmsten. Staff recommends approval to create a buffer between the residential and commercial uses. Attachments Letter of July 24, 2003 with photo and drawings. • The city of Eaten Prairie 8080 Mitchell Road•Eden Prairie,MN 55344-4485•edenprairie.org•952-949-8300•TDD 952-949-8399 July 24, 2003 Mr. Scott Malmsten 16309 Lincoln Lane Eden Prairie,MN 55344 SUBJECT: Berm between 16309 Lincoln Lane and the Smith Douglas More Property Dear Mr. Malmsten: City staff has reviewed your request to construct a berm between your property at 16309 Lincoln Lane and the Smith Douglas More property. The City finds this request acceptable based on meeting the following criteria. 1. A Land Alteration Permit will be required. Application for this permit should be made no later than July 28,2003. The City Council will review the permit request at its August 5, 2003 meeting. 2. Construction of the berm and plantings will be in conformance with the attached plan referred to as Exhibit A. 3. The berm will be 2 %2 feet high and placed substantially on your property with limited encroachment onto the Smith Douglas More property. 4. The berm will be sodded. 5. The berm will not alter the drainage for the Smith Douglas More property. Specifically, creating areas of ponding. 6. The existing low spot located on the south side of the proposed berm will be filled with black dirt and sodded. 7. No trees or other landscaping will be placed within the Smith Douglas More property and the mature growth of any trees or other landscaping should not extend substantially within the Smith Douglas More property. 8. Access for constructing the berm may take place on the most northerly portion of the • Smith Douglas More property. All steps will be taken to minimize damage to the property from construction activity, including, but not limited to, damage to curb and Pecyci::h;e Paper Mr. Scott Malmsten July 24,2003 Page 2 trail, ruts in lawn area, and damage to trees. Any ruts will be filled with black dirt and sodded. 9. Prior to any construction, a cashier's check made out to the City of Eden Prairie in the amount of$1,000.00 will be submitted as surety to guarantee restoration of the berm and any damage resulting from the construction of the berm. The cashiers check will be returned upon completion of the berm, all restoration, and a satisfactory inspection by the City to verify restoration. Sincerely, / a..Kipp Senior Planner Cc: John Gertz Bob Lambert Allen Gray la, c * • * E I * o.. • •'il5.. •••••., 0_ • :.-.4i: 0 .._. 0 0. • * :4•• 0 L.. CE ›.s — ..z C..1 I-- 1:: ..... :::• ..z C 0 03 ,Hiq o Mi Z IC)< .......-- • 0 .0) a) ci. ,:::[ CL al . D W1 C 0 40 Id 2 74-4 co 3 c LU al—I e-• 0 0 ., 1:::• 0 '--*—i .,..-.. :•*: it• (0 i=1 CO 0 < 0 .../•92 `if c .c= o)0 la c) C.) 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'.. - •'.:-..."1. • . --•-••-. - %I•-,•;--I., • -- ..N.,-.:.. •,:',,, "•-• ' ,,:. , ,,, 7 /—c CARDARELLE & ASSOCIATES, Inc. Land Surveyors 941-3031 Eden Prairie, MN 55344 'ir rttu cat I';f gUrDtp . Survey For` Scott & Karen Ma lmsten Book 'Page File . 16309 Lincoln Lane Eden Prairie, MN 55344 LINCOLN LANE . „r N \r! .N. / I _ „ f 0. it. y-s• �n .S°/- ' 52.2.1 l • 82 ' A Ik4Ji k' trim.," I z . '. :'t I l R= 3 I 1 ro v . [ 4 1 r t Qi • ,Q I 1•- _ i . \_0 NO I. _1,,—— fir- -- -k.-=3 - scale . l .� r Cl.1',-� ✓•tzI. 34.3 I- 1 I z 1 .•• °•• #16309 . 1 1 OS I�_' U ; • •I ' Deck 1 • • / LOT 4, BLOCK 2, LINCOLNWOOD ADD. ( rro. Ca,Iir. ' OPP — ZJ-4-••,li�S/ semehiL . • P�. M f 'Moll' $ 9 5,26 F'o.le, on • • • 1 hereby certify that this rs a true and correct representation of a survey of the boundaries of Lot 4, . Block 2, Lincolnwood -- Add i'jn Hennepin County,Minnesota and of the localion it buildirhz s thereon,and all ' vrsi>le encroachments.if any,Irmo or on said land. Surveyed by me this 2 n d day of Ju 1Y, _ 90 • CARDAREI LE&ASSOCIATES, INC. 15 . _. • r--r• rtn cr r CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda August 5,2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Re-roofing of Senior Center and partial re-roof of Inn Management and Budget- Community Center ' 1 ► , Facilities Requested Action Move to: Approve advertisement for sealed bids for re-roofing of the Senior Center and a partial re-roofing of the Community Center. Synopsis In 2002, as part of the Facilities Maintenance program,half of the Community Center and two other buildings were re-roofed. This year staff is recommending re-roofing of the Senior Center and the other half of the Community Center. $180,000 is budgeted for these projects. Background Information A survey the roofs of the Fire Stations,Police Facilities,Maintenance Facility and Community Center was conducted in 1995. The roofs are periodically re-examined for damage and defects. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda August 5,2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Management and Budget- Elevator installation at Maintenance Facility V_L , s Facilities Requested Action Move to: Award contract to ThyssenKrupp Elevator Company for installation of an elevator in the Maintenance Building. Synopsis We received one quote(ThyssenKrupp Elevator Company for$33,275)in response to the advertisement for bids. Electrical hook-up and phone installation will be completed separately. Total cost of the project is estimated at$40,000,with a budgeted amount of$45,000. Background Information The Maintenance Building was remodeled in 1997,but due to budget constraints an elevator was not included. This equipment is being installed now so that upper level training rooms can be completed and will be accessible under ADA guidelines. CITY COUNCIL AGENDA DATE: SECTION: Control Station Agreement-Consent Calendar August 5, 2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Lt Gary Therkelsen Radio Control Station Agreement with Police Department Metropolitan Radio Board , J Requested Action Move to: Approve RF Control Station Use Agreement between the City and the Metropolitan Radio Board Synopsis This agreement will allow the City to receive, install and operate two radio stations for the purpose of providing interoperability between the regional radio system and Eden Prairie's radio network. • Background Information The Metropolitan Radio Board is providing radio station equipment to independent system operators in order to provide improved levels of two way radio interoperability between users of the Metropolitan Radio Board's system and those of independent radio network operators such as Eden Prairie. The Metropolitan Radio Board provides the equipment without charge to the user, and will reimuburse installation costs. The agreement specifies the terms and conditions for receipt of and use of the equipment and associated systems. The City Attorney's office has reviewed and approved as to form and legality. Attachments RF Control Station Agreement RF Control Station Use Agreement This AGREEMENT("Agreement"),made and entered into as of August 5, 2003,by and between Eden Prairie Police Department("User")under the laws of the State of Minnesota,and the Metropolitan Radio Board(the "Board")a political subdivision under the laws of the State of Minnesota. Recitals A. Pursuant to Minnesota Statutes Section 473.891 et.seq.,the Board is required to and is implementing a Minneapolis-St.Paul region wide public safety radio system communication system("System"). B. Pursuant to Minn.Stat. §473.894,Subd. 12,the Board shall establish priorities or protocols for use of the System. C. The User is a public safety answering point("P SAP")or other qualifying public safety entity and desires to receive an RF control station, as more fully described below. D. The Board desires to distribute RF control stations to PSAPs or other entities who are not users of the System in order to enhance interoperability between and among agencies and users participating in the System and non-users. The control stations are intended to be redistributed to other non-participating entities as current recipients make decisions to become participants in the System. NOW,THEREFORE,in consideration of the premises and the mutual covenants contained herein,and intending to be legally bound,the parties agree as follows: Agreement 1. Term. The Term of this Agreement shall commence effective the date first above written,and terminate on June 30,2004,subject to earlier termination pursuant to Sections 6 and 9. This Agreement may be extended for additional one(1)year periods automatically upon the anniversary date unless terminated according to the provisions in Section 6. 2. Equipment,Delivery, Location a. "Equipment"means an RF Control Station,either stand-alone or remote type,as further described in the Radio Board Standards("Standards")promulgated by the Board. b. Delivery. The Board and User shall mutually agree on the delivery of the Equipment, and costs for delivery shall be borne by the Board;provided,however,that any costs for delivery shall be subject to the reimbursement limitation for installation and programming,as set forth in Section 4. c. Location. User agrees to keep the Equipment at 15150 Technology Drive,Eden Prairie, MN 55344. User shall not move the Equipment from the specified location unless approval is obtained,in writing, from the Board. The Board may inspect the Equipment upon reasonable notice. 3. Ownership of Equipment Assignment.The Board is the owner of the Equipment. User shall not sell,transfer,encumber,sublet or assign the Equipment,without prior written agreement of the Board. 4. Installation,Programming and Maintenance.User agrees to install the Equipment in accordance with the Standards. User agrees to install the Equipment within the one hundred and eighty(180) days of receipt of Equipment. The Board agrees to reimburse User for costs of installation and programming,not to exceed Two Thousand Dollars($2,000),upon an appropriate and satisfactory documentation of costs as determined by the Board. The Board agrees to assume responsibility to maintain and repair the Equipment,as commercially reasonable and upon reasonable notice, 5. Use of Equipment;Training. User agrees to use the Equipment in accordance with the protocols and procedures developed by the Board,including but not limited to the Standards. User shall inform the Board of the intended talk groups and channels to be used,including any patches. User agrees that it will provide adequate training for any person using the Equipment,and that such training will meet or exceed the standards established by the Board. 6. Termination,Removal or Disabling of Equipment. Either party may terminate the Agreement upon 180 days'written notice to the other. Further,the Board may disable Equipment if,in its sole discretion,it determines there is improper use of the Equipment(including but not limited to non-compliance with the Standards or of any rule or procedure of the Board,or non-compliance with any term of this Agreement)or the Equipment is malfunctioning such that it impairs or interferes with the System. 7. WARRANTIES. THE BOARD MAKES NO WARRANTIES,EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR USE OR FOR A PARTICULAR PURPOSE. 8. Merger and Modification. a. Entire Agreement.It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. b. Amendments to Agreement. Any alterations,variations,modifications,or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 9. Default. a. If the User fails to perform any of the provisions of this Agreement,this shall constitute a default. Unless the User's default is excused by the Board,the Board may upon written notice immediately cancel this Agreement in its entirety. b. Notwithstanding any provision of this Agreement to the contrary,the User shall not be relieved of liability to the Board for damages sustained by the Board by virtue of any breach of this Agreement by the User. c. The above remedies shall be in addition to any other right or remedy available to the Board under this contract,law,statute,rule,and/or equity. / cQ d. The Board's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. 10. Miscellaneous Provisions. a. Independent Parties. It is mutually understood that this Agreement does not create an employment relationship between the parties,nor does it create a partnership or joint venture,nor does it constitute a cooperative agreement or joint powers agreement. b. Indemnification and Insurance. The User shall indemnify,defend and hold harmless the Board,its officers,members,employees and agents,from and against any and all claims, damages,losses and expenses,including reasonable attorneys'fees,that are a direct result of any negligent act,error or omission,a direct result of breach of this Agreement, or the direct result of a willful act of the User,its officers,members,employees or agents. The User agrees to maintain insurance in type and amount satisfactory to the Board,and shall demonstrate evidence of such coverage upon request of the Board. The User may, at its option,satisfy its obligations under this provision through a program of self- insurance. The Board shall indemnify,defend and hold harmless the User,its officers,members, employees and agents,from and against any and all claims,damage,losses and expenses, including reasonable attorneys'fees,that are a direct result of any negligent act,error or omission,a direct result of breach of this Agreement,or the direct result of a willful act of the Board,its officers,members,employees or agents. Notwithstanding anything in this Agreement to the contrary,the Board does not waive any statutory limited immunity from municipal tort liability available to it under Minnesota Statutes,Chapter 466,or otherwise. Such statutory limited immunity shall apply whether an action,claim,demand or lawsuit is initiated by the User or any third party. c. Data Privacy. User,its officers,agents,owners,partners,employees,volunteers or subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act,Minnesota Statutes,Chapter 13,and all other applicable state and federal laws,rules,regulations and orders relating to data privacy or confidentiality,and as any of the same may be amended. User agrees to defend,indemnify and hold the Board,its officials,officers,agents,employees,and volunteers harmless from any claims resulting from User's officers',agents',owners',partners',employees',volunteers',assignees' or subcontractors'unlawful disclosure and/or use of such protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. d. Records-Availability/Access. Subject to the requirements of Minnesota Statutes Section 16C.05,Subd.5(as may be amended),the User agrees that the Board,the State Auditor, the Legislative Auditor or any of their duly authorized representatives at any time during normal business hours,and as often as they may reasonably deem necessary,shall have access to and the right to examine,audit,excerpt,and transcribe any books,documents, papers,records,etc.,which are pertinent to the accounting practices and procedures of the User and involved transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six(6)years after its termination or cancellation. e. Contract Administration. In order to coordinate the services of the User with the activities of the Board so as to accomplish the purposes of this Agreement, ,shall manage this Agreement on behalf of the User and serve as liaison between the Board and the User. f. Notices. Any notices or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing,and shall be sent registered or certified mail. Notices to the Board shall be sent to the Executive Director at the address given below. Notice to the User shall be sent to the address stated below. To Board: Executive Director Metropolitan Radio Board 2099 University Avenue St.Paul,MN 55104 User: g. Minnesota Laws Govern. The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the herein parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located within the County of Hennepin,State of Minnesota. Litigation,however,in the federal courts involving the herein parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid,illegal or unenforceable, the remaining provisions will not be affected. h. Coverage. User acknowledges that one hundred percent(100%)coverage of any area at all times is improbable. There may be adverse transmission conditions such as short-term unpredictable meteorological effects and sky wave interference from distant stations that can interrupt the System. Likewise,there are other causes beyond reasonable control of the Board,including but not limited to,motor ignition and electrical noise that may be minimized by corrective devices at the User's expense. Any surveys,studies,research or other measures taken to ensure the adequacy of coverage provided to the User under this Agreement are the sole responsibility and expense of the User. IN WITNESS WHEREOF,the parties,having first read,understood and agreed to the terms and conditions hereof, have caused this Agreement to be executed by their authorized representatives. AGREED: AGREED: METROPOLITAN RADIO BOARD By Executive Director a CITY COUNCIL AGENDA DATE: August 5,2003 SECTION: Consent calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works/Fleet Services Award Quote for Dodge Durango for Fire Cliff Cracauer Department ,P. Gene Dietz Requested Action: Move to: Award quote to Hopkins Town and Country Dodge for(1)2003 Dodge DN5M74 Durango Sport 4x4 in the amount of$23,487.00. Synopsis: Quotes were received July 25,2003 for an additional Chiefs vehicle for the Fire Department. A second quote was received from North Star Garage in the amount of$23,656. Background Information: The new vehicle is to provide emergency response transportation for Chief 5 of the Fire Department. The Chief 5 position is newly created to reflect the current Fire Department organizational structure. Funding for this vehicle will be from proceeds from the sale of retired Engine 1. Staff recommends approval of the purchase of the vehicle. CITY COUNCIL AGENDA DATE: 08-05-03 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Donald R.Uram Costco Wholesale Scott A. Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Industrial to Regional Commercial on 18.1 acres; and • Adopt the Resolution for Planned Unit Development Concept Review on 18.1 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from I-5 to Commercial Regional Service on 18.1 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis The site plan shows the construction of a 136,297 square foot Costco Wholesale building, tire center and gas facility, with a future 12,370 square foot building expansion for a total of 148,667 square feet. A guide plan change from Industrial to Regional Commercial is required. Road improvements are proposed for Technology Drive to accommodate traffic. PUD waivers are requested for impervious surface in a Shoreland area, and signs. Community Planning Board Recommendation The Community Planning Board continued the project at its June 23, 2003 meeting for the developer to submit a road improvement plan, revise the parking setbacks, meet landscaping caliper inch requirements, and reduce the total amount of signage for the project. The Community Planning Board voted 6-0 to recommended approval of the project to the City Council at the July 14, 2003 meeting. Background The guide plan change from Industrial to Regional Commercial may be appropriate for the following reasons: City Council Agenda—Public Hearing on Costco Wholesale August 5,2003 Page 2 • The site is located in the Major Center Area where there is a mix of land uses including retail stores,restaurant, office, and high density residential. • Commercial uses are appropriate near regional highways 494, 212, and 312. The building, gas facility, and all parking meet the required setbacks. The plans for Technology Drive extend the urban section of Technology Drive from the west through the Costco project. The plans also provide additional lanes on Technology Drive to accommodate the increased traffic and turning movements that will be associated with the Costco project. In addition, the plans include a re-grade of Technology Drive to provide adequate site distance for the proposed Costco access points. The following waivers are requested through the Planned Unit Development. 1. Impervious surface of 77%in a Shoreland area. City code permits up to 30%. A total of 6.1 acres of the 18.1 acre site is within the Shoreland area of Lake Idlewild. The existing impervious surface within the 6.1 acres is 80%. Since all storm water will be treated to NURP standards the waiver is reasonable. 2. Wall sign from 300 square feet to 390.33 square feet on the west elevation, from 300 square feet to 552.62 square feet on the north elevation, and from 300 square feet to 365.83 square feet on the south elevation. A waiver to trade sign area is reasonable since total sign area does not exceed total sign area permitted by code. Attachments 1. Resolution for Guide Plan Change 2. Resolution for PUD Concept Review 3. Staff Reports dated June 20, 2003 and July 11, 2003 4. Community Planning Board minutes dated June 23, 2003 and July 14, 2003 �5 COSTCO WHOLESALE CITY OF EDEN PRAIRIE; HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2003- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan"); and WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Costco Wholesale by Costco Wholesale is for a 148,663 square foot Costco Wholesale store with tire center and gas facility. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval from Industrial to Regional Commercial on 18.1 acres located at 12005 Technology Drive. Costco Wholesale, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. ADOPTED by the City Council of the City of Eden Prairie this 5th day of August, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk EXHIBIT A Legal Description-Costco Wholesale That part of the following described parcels: The West One-half of the east One-half of the Northwest Quarter of the Northwest Quarter of Section 14,Township 116,Range 22,Hennepin, County,Minnesota. Together with: The East One-half of the East One-half of the Northwest Quarter of the Northwest Quarter of Section 14, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the northeast corner of said East One-half of the Northwest Quarter of the Northwest Quarter; thence South 88 degrees 24 minutes 26 seconds West, assumed bearing along the north line of said East One-half of the Northwest Quarter of the Northwest Quarter, a distance of 14.50 feet; thence South 00 degrees 36 minutes 38 seconds East, a distance of 119.39 feet to a line 75 feet south of and parallel to a line described in Document Number 3087392 and to the point of beginning of the land to be described; thence continuing South 00 degrees 36 minutes 38 seconds East, a distance of 1188.49 feet to the south line of said East One-half of the Northwest Quarter of the Northwest Quarter; thence South 88 degrees 25 minutes 46 seconds West, along said south line of the East One-Half of the Northwest Quarter of the Northwest Quarter, distance of 663.31 feet to the west line of said East One-half of the Northwest Quarter of the Northwest Quarter; thence North 00 degrees 26 minutes 46 seconds West, along said west line of the East One-half to the Northwest Quarter of the Northwest Quarter, a distance of 1195.90 feet to said line 75 feet south of and parallel to a line described in Document 3087392; thence North 89 degrees 04 minutes 05 seconds east along said line 75 feet south of and parallel to a line described in Document Number 3087392 a distance of 659.79 feet to the point of beginning. Q1- COSTCO WHOLESALE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2003- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF COSTCO WHOLESALE FOR COSTCO WHOLESALE 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 June 23,2003, and July 14, 2003 for Costco Wholesale by Costco Wholesale and considered their 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 August 5, 2003. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Costco Wholesale, 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 July 25, 2003. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated July 14, 2003. ADOPTED by the City Council of the City of Eden Prairie this 5th day of August, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk EXHIBIT A PUD Concept-Costco Wholesale That part of the following described parcels: The West One-half of the east One-half of the Northwest Quarter of the Northwest Quarter of Section 14, Township 116,Range 22,Hennepin, County,Minnesota. Together with: The East One-half of the East One-half of the Northwest Quarter of the Northwest Quarter of Section 14, Township 116, Range 22,Hennepin County, Minnesota, described as follows: Commencing at the northeast corner of said East One-half of the Northwest Quarter of the Northwest Quarter;thence South 88 degrees 24 minutes 26 seconds West,assumed bearing along the north line of said East One-half of the Northwest Quarter of the Northwest Quarter, a distance of 14.50 feet; thence South 00 degrees 36 minutes 38 seconds East,a distance of 119.39 feet to a line 75 feet south of and parallel to a line described in Document Number 3087392 and to the point of beginning of the land to be described;thence continuing South 00 degrees 36 minutes 38 seconds East,a distance of 1188.49 feet to the south line of said East One-half of the Northwest Quarter of the Northwest Quarter;thence South 88 degrees 25 minutes 46 seconds West,along said south line of the East One- Half of the Northwest Quarter of the Northwest Quarter,distance of 663.31 feet to the west line of said East One-half of the Northwest Quarter of the Northwest Quarter;thence North 00 degrees 26 minutes 46 seconds West,along said west line of the East One-half to the Northwest Quarter of the Northwest Quarter, a distance of 1195.90 feet to said line 75 feet south of and parallel to a line described in Document 3087392;thence North 89 degrees 04 minutes 05 seconds east along said line 75 feet south of and parallel to a line described in Document Number 3087392 a distance of 659.79 feet to the point of beginning. 0 � STAFF REPORT TO: Community Planning Board FROM: Scott A.Kipp Senior Planner DATE: June 20,2003 PROJECT: Costco Wholesale LOCATION: 12005 Technology Drive APPLICANT/ OWNER: Costco Wholesale, Inc. REQUEST: 1. Guide Plan Change from Industrial to Regional Commercial on 18.1 acres 2. Planned Unit Development Concept Review on 18.1 acres 3. Planned Unit Development District Review with waivers on 18.1 acres 4. Zoning District Change From I-5 to Commercial Regional Service on 18.1 acres 5. Site Plan Review on 18.1 acres 90 Area Location Mat, - Costco Wholesale 2003-12 Address: 12005 Technology Drive -- \ -- \ ' -- - .-1 -;--';'' --- ---: . ' ---- l'---,,--„'-,----71--------. \ i \-: • - --- ----- - -. - -: : : ._____. .,„„ __... _ • • Plaza Dr. . . . -= Highway #5 Technology Dr. :,, - • is . N . s ., . .,..: SITE t:, i.!i�'r-'.:�:.I.::•�•; .7:P G'.i!"i�al,,l,.;,•;-;: :: .4,:':: `,y<�;:,:y:+i�`;r�: ''I __ �t��, 1 II i ,, i L: • • ;I i', •. t tl tit�' 'I ' II� � !l�� i 1 I� II I I Il,t i' i • r � i i I •• Singletree Lane i I 11.•E t1' i :21 -= Prairie Center Dr. N • ` l Staff Report—Costco Wholesale June 20,2003 Page 2 BACKGROUND The Comprehensive Guide Plan shows the site as Industrial, and zoned I-5 and Rural. Surrounding land uses consist of Industrial to the north, and east, Regional Commercial and Community Commercial to the south, and Office to the west. The site is part of the Emerson Process Management (Rosemount) Campus and contains an existing 117,000 square foot building and private baseball field. Emerson is currently marketing the 18.1 acre property and going through a City approval process to plat the property and rezone a portion from Rural to I-5. Costco has a purchase agreement to acquire the property. COMPREHENSIVE GUIDE PLAN CHANGE The project will require a guide plan change from Industrial to Regional Commercial. This land use may be appropriate for the following reasons: • The site is located in the Major Center Area where there is a mix of land uses including retail stores,restaurant, office, and high density residential. • Commercial uses are appropriate near regional highways 494, 212, and 312. SITE PLAN The site plan shows a 136,297 square foot Costco Wholesale store, including a 5,200 square foot tire center and a free standing gas facility at a base area/floor area ratio of.17. A future 12,370 square foot building expansion is also identified, which results in a base area/floor area ratio of .19. Code permits a .30 base area ratio and a .50 floor area ratio. The gas facility provides six fueling lanes with a potential expansion to eight lanes. The building and gas facility meet the required setbacks. Parking is proposed at a 30 foot setback from Technology Drive. The plan should be revised to meet the required 35 foot setback. The amount of parking required is 736 spaces. With the future expansion,the parking required is 803 spaces. The plan provides 793 spaces. Costco stripes parking spaces 10 feet wide to accommodate carts. Re-striping a portion of the parking lot to 9 foot wide spaces, as a proof of parking plan, can provide the required 10 additional spaces. SHORELAND CODE Lake Idlewild is a Recreational Development water and provisions of the Shoreland code apply to all land within 1,000 feet of the ordinary high water level of the lake. Approximately 6.1 acres of the 18.1 acres site is within 1,000 feet of Lake Idlewild. In the 6.1 acre shoreland area the site meets the building setbacks and lot size requirements. Impervious surface is proposed at 77%. The shoreland requirement is 30%. 9D- Staff Report—Costco Wholesale June 20,2003 Page 3 DRAINAGE All storm water will be directed to a NURP pond on the south end of the site. TREE LOSS There are 1,110 caliper inches of significant trees on the site. Proposed tree loss is 836 caliper inches. Tree replacement is 837 caliper inches. The tree replacement plan provides 821 caliper inches. The plan should be revised to add 16 caliper inches. UTILITES The building will be connected to City sewer and water lines in Technology Drive. LANDSCAPING The amount of landscaping required is based on a caliper inch requirement according to building square footage. City code requires single-story buildings greater than 20 feet tall to be considered two-story buildings for determining its total square footage. Based on this requirement, a total of 852 caliper inches of landscaping is required. The plan meets this requirement. ARCHITECTURE The building is approximately 30 feet tall. The maximum height permitted is 40 feet. The building meets City code for exterior materials of not less than 75%face brick and glass. A parapet wall screens the rooftop mechanical equipment. A wall screens the truck delivery area and trash compactors. SIGNS City code permits the following signs. • Main Building Wall signs—300 square feet for each elevation or 1,200 total square feet. Costco proposes 6 wall signs—(3) at 384.38 square feet, (1) at 156.16 square feet, (1) at 30.63 square feet, and(1) at 24.50 square feet,totaling 1,364.43 square feet. • Gas Canopy Wall signs — 27 square feet for each elevation — 108 total square feet. Costco is proposing 2 signs at 26.35 square feet each totaling 52.70 square feet. • Free standing pylon sign—80 square feet. Costco proposes no pylon sign All proposed wall signs need to be located below the roof line. �3 Staff Report—Costco Wholesale June 20,2003 Page 4 SITE LIGHTING Proposed lighting for the building uses metal halide downcast-cutoff fixtures wall mounted at 20 feet. Parking lot lighting uses metal halide downcast-cutoff fixtures on 20-foot and 35-foot poles. City code requires not offsite glare and a footcandle rating not to exceed .5 footcandle at the property line. The lighting plan meets these requirements. TRAFFIC AND ROAD IMPROVEMENT Due to the increase in traffic as stated in the traffic study and site vision distance problems at the proposed driveways, Technology Drive needs to be upgraded to an urban section along the proposed Costco and Emerson sites. TRAILS An 8 foot wide trail is required along Technology Drive. PLANNED UNIT DEVELOPMENT WAIVERS The following waivers are requested through the Planned Unit Development. 1. Impervious surface of 77% in a shoreland area. City code permits up to 30%. A total of 6.1 acres of the 18.1 acre site is within the shoreland area of Lake Idlewild. The existing impervious surface within the 6.1 acres is 80%. Since all storm water will be treated to NURP standards the waiver is reasonable. 2. Wall sign from 300 square feet to 408.88 square feet on the west elevation, from 300 square feet to 565.17 square feet on the north elevation, and from 300 square feet to 384.38 square feet on the south elevation. .. A waiver to trade sign area is reasonable provided the total sign area on the site is revised to be 1,417.12 square feet. 3. Total site sign area from 1,388 square feet to 1,417.12 The plan should be revised to meet code. SUMMARY The Community Planning Board should discuss the following questions. 1. Are there compelling reasons for changing the Comprehensive Plan from Industrial to Commercial? 2. What are the project impacts? Are there appropriate solutions? Staff Report—Costco Wholesale June 20,2003 Page 5 3. Do the waivers result in a better plan for the site and the City than if no waivers are granted? Industrial or Commercial are acceptable uses for the property. Commercial is a better use of the land due to the proximity to the Eden Prairie Mall, other commercial uses, and Highway 494, 312 and 212. Technology Drive needs to be upgraded along the Costco lot and the remaining Emerson- Rosemount lot to accommodate an increase in traffic and to improve site vision distance. Since the road design is not complete and will have some impact on drainage, driveway locations, and the site plan, the staff is recommending that the project be continued to the July 14, 2003 meeting. This will allow time for the road design to be completed and to incorporate any Board and staff recommend changes to the development plans. This meeting should be used for presentation, discussion of issues, and identification of changes to the site plan. STAFF REPORT TO: Community Planning Board FROM: Scott A. Kipp Senior Planner DATE: July 11,2003 PROJECT: Costco Wholesale LOCATION: 12005 Technology Drive APPLICANT/ OWNER: Costco Wholesale,Inc. REQUEST: 1. Guide Plan Change from Industrial to Regional Commercial on 18.1 acres 2. Planned Unit Development Concept Review on 18.1 acres 3. Planned Unit Development District Review with waivers on 18.1 acres 4. Zoning District Change From I-5 to Commercial Regional Service on 18.1 acres 5. Site Plan Review on 18.1 acres Area Location Map - Costco Wholesale 2003-12 Address: 12005 Technology Drive --:------\ -I \ -:—- \ - \ • ..:- - = .. ,L. ; a _ __. - ,�- __-- Plaza Dr• . - -�-- :, _ f, Hi hwa #5 •-...I:.z ': .� +��' - I'_. ; l ;: : ';.:p � r :'1 ! r +aIII ^'ri.----;:71:.: '" ,:. ' �,,,i:+Il.:+,[lu'jl-r.;:,' :1+1 ;:.!l I!: • • .17:1rt'�• ...?F. 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'I,(r,.yr=,��'W�,.rr!�ri.:!�I',Ili' ��f'ti`Y�';i' .�I,..,h ;iir•�gt tll.�'�NI .1' • Staff Report—Costco Wholesale July 11,2003 Page 2 BACKGROUND This project was continued at the June 23, 2003 Community Planning Board meeting for the proponent to complete preliminary road improvement plans for Technology Drive and to address Community Planning Board comments and plan changes identified in the June 20, 2003 staff report. PLAN CHANGES 1. The site plan has been revised to show a front yard setback to parking of 40 feet, meeting City code. 2. The landscape/tree replacement plan has been revised to show 1,689 caliper inches of trees to meet City code. 3. The total amount of signage for the project has been reduced to 1,362 square feet, which is less than the 1,388 square feet permitted. This has eliminated a proposed waiver. TRAFFIC STUDY The traffic study for Costco evaluates the impacts of the project on the Prairie Center Drive/Technology Drive, and Flying Cloud Drive (TH-212)/Technology Drive intersections. The following is a summary of the key findings of the traffic study: 1) The Costco project is expected to generate 8100 daily trips and 750 p.m.peak hour trips. 2) Under existing, 2004, and 2020 conditions, both intersections are expected to operate at acceptable levels of service with or without the proposed Costco. 3) With the closure of the east end of Technology Drive (to accommodate a new access to I- 494) a second access to Technology Drive should be provided from.either Singletree Lane or Eden Road. Without the second access the Prairie Center Drive/Technology Drive intersection is not expected to operate at acceptable levels. TECHNOLOGY DRIVE IMPROVEMENTS With the Costco project a segment of Technology Drive will be reconstructed. The plans for Technology Drive extend the urban section of Technology Drive from the west through the Costco project. The plans also provide additional lanes on Technology Drive to accommodate the increased traffic and turning movements that will be associated with the Costco project. In addition, the plans include a re-grade of Technology Drive to provide adequate site distance for the proposed Costco access points. The roadway improvements result in additional storm water run-off. The proponent is working with MnDOT to determine if this can be accommodated within the roadway right-of-way. If this Staff Report—Costco Wholesale July 11,2003 Page 3 is not possible, drainage from the improved portion of Technology Drive will be routed through the Costco site to the on-site pond. The pond and associated storm sewer piping will be sized accordingly. The storm sewer and pond will require drainage and utility easements for public maintenance. The preliminary plans for the Technology Drive Roadway Improvements are included with the packet. Engineering staff is working with the proponent to finalize the details of the plan. PLANNED UNIT DEVELOPMENT WAIVERS The following waivers are requested through the Planned Unit Development. 1. Impervious surface of 77% in a shoreland area. City code permits up to 30%. A total of 6.1 acres of the 18.1 acre site is within the shoreland area of Lake Idlewild. The existing impervious surface within the 6.1 acres is 80%. Since all storm water will be treated to NURP standards the waiver is reasonable. 2. Wall sign from 300 square feet to 390.33 square feet on the west elevation, from 300 square feet to 552.62 square feet on the north elevation, and from 300 square feet to 365.83 square feet on the south elevation. A waiver to trade sign area is reasonable since total sign area does not exceed total sign area permitted by code. STAFF RECOMMENDATIONS Staff recommends approval of the following; • Comprehensive Guide Plan Change from Industrial to Regional Commercial on 18.1 acres • Planned Unit Development Concept Review on 18.1 acres • Planned Unit Development District Review with waivers on 18.1 acres • Zoning District Change From I-5 to Commercial Regional Service on 18.1 acres • Site Plan Review on 18.1 acres This is based on plans dated July 3, 2003, the staff reports dated June 20, 2003 and July 11, 2003, and the following conditions: 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. 161 Staff Report—Costco Wholesale July 11,2003 Page 4 C. Submit detailed road improvement plans for Technology Drive to the City Engineer for review and approval. 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. Provide a landscape/tree replacement surety according to City code. C. Submit samples of exterior materials for review and approval. D. Pay the Cash Park Fee. 3. The following waivers have been granted through the PUD District Review for the property: A. Impervious surface of 77%in a shoreland area. City code permits up to 30%. B. Wall sign from 300 square feet to 390.33 square feet on the west elevation, from 300 square feet to 552.62 square feet on the north elevation, and from 300 square feet to 365.83 square feet on the south elevation. City code permits up to 300 square feet per wall. • /00 Planning Board Minutes June 23,2003 Page 2 V. PUBLIC HEARINGS A. COSTCO WHOLESALE by Costco Wholesale. Request for Comprehensive Guide Plan Change from Industrial to Regional Commercial on 18.1 acres, Planned Unit Development Concept Review on 18.1 acres, Planned Unit Development District Review with waivers on 18.1 acres, Zoning District Change from I-5 to Commercial Regional Service on 18.1 acres, and Site Plan Review on 18.1 acres. Location 12005 Technology Drive. Ted Johnson presented the project. He said Costco plans to demolish the existing single story building located on the eastern side of the site and construct a 137,300 square foot Costco warehouse as well as a freestanding fueling facility located on the north end of the site. He stated there will be two accesses to the site from Technology Drive; one on the far western perimeter and one closer to the eastern property line. He stated there will be 793 parking stalls measuring 10' x 20'. He said storm water will be directed south to a storm water pond. He described the building and fueling areas, construction materials, and indicated the location of parapets to screen mechanical units on the roof. Johnson stated the signage proposed includes a wall sign over the front entrance, one in the middle of the building on the western side and one on the northern side of the building. On the southern side of the building a sign will be located above the loading dock. He stated they are asking for a waiver for increased signage; the ordinance has a maximum square footage for wall signs of 300 square feet and they are proposing total wall signs of 380 square feet. Johnson said Costco is seeking a waiver from the shoreland overlay zone, which restricts impervious area within the 1,000 foot overlay zone to 30%. He said they were asking for 77%for the Costco site. The overlay area is in the far northeast area of the site. The existing Emerson building and parking area currently consists of 80%impervious coverage. Johnson stated that staff has requested that Technology Drive be improved along Costco's frontage to allow for and urban cross section because of the additional traffic and the drawings will be available for the next Planning Board meeting. The design changes including a three lane roadway with east and west travel lanes and a center turn lane, curbing on both sides, and an eight foot pedestrian trail will be located on the south side of Technology Drive. Franzen stated commercial is an acceptable alternative use within this area. There are minor site plan changes. He said one major item is the extent of the road improvement which i s b ased o n the traffic study and site vision at the driveway access points currently used by Rosemount. He stated there is a need to make Technology Drive wider t o accommodate increased traffic and t o lower the high points in the road for visibility. Any recommendations from the Board tonight can be incorporated into the new plans for the July 14 meeting.. /0 Planning Board Minutes June 23,2003 Page 3 Bob Enhoff, 8704 Greer Lane, stated his business is adjacent to the site. He said his main concern is transportation and flow of traffic and with Technology Drive revised it can b e anticipated t hat o n certain days there w ill b e hundreds o f c ars coming and going from Costco. Eden Prairie did a great job with traffic control for the Home Depot area but Technology Drive is not a good road for this much traffic. He stated the light at Technology Drive and Flying Cloud Drive is not sufficient for this additional traffic. He said the Costco store in St. Louis Park has terrible gridlock and he doesn't want Eden Prairie in that situation. Steppat asked the developer how many cars per day he would expect to use the site, including the retail and fueling facilities. Johnson responded Eden Prairie staff did the transportation study and he's not aware of the numbers. He said normally the fueling facility 75% of those users do shop at the Costco store. He said with regard to traffic congestion, they open at 10:00 a.m. so there's no impact on morning rush hour traffic and their peak is between noon and 2:00 p.m. He stated the St. Louis Park store is located in a larger shopping center with Home Depot and Petsmart. There are also a number of restaurants in the area. As a result, there is congestion over the noon hour during the week. They are looking at putting in stop signs to control traffic. St. Louis Park is unique,not like Eden Prairie Steppat asked how many Costcos are located in the metro area. Johnson responded St. Louis Park and Coon Rapids. Steppat asked if traffic is a problem in Coon Rapids. Johnson responded there weren't any problems there. Brooks asked whether the size of the proposed building was comparative to their other buildings. Johnson responded 148,663 square feet is the prototypical and that's the size of the Coon Rapids store. St. Louis Park is modified and is approximately 130,000 square feet. The Eden Prairie store has the potential for expansion that would bring it up to 148,663 square feet. Brooks asked why they were not considering the larger store immediately. Johnson replied it was due to economics. Because of the costs including roadway improvements, building materials and landscaping,they had to make the building smaller to reduce costs. Brooks asked if any intersections going into Costco would be controlled. Gray responded there wouldn't be a need for signals at those entrances. Foote asked whether the Coon Rapids store is similar in layout to this one. Johnson responded it wasn't because it's located in a shopping center. Foote asked why Costco had allowed for larger parking spaces. Johnson said because of the oversized carts, they can be more easily maneuvered. Foote asked staff whether there are an adequate number of parking spaces for the size of the building. Foote asked staff the number of parking spaces at Home Depot. Franzen responded Home Depot and Costco would both meet code requirements of 5.5 /aD- Planning Board Minutes June 23,2003 Page 4 spaces per 1,000 square feet. If Costco were to expand, they would restripe the existing parking spaces to the smaller 9 foot width to allow for additional parking. Stoelting asked staff for a review of the traffic study. Gray responded that the Costco will generate approximately 6,200 vehicles per day. On this section of Technology Drive, all large developments have access from the south side. With the additional traffic there would not be major problems. If the Emerson property fully developed as office and office warehouse, it would be important to look at how the characteristics would change. There would need to be the three lane roadway design to allow traffic to move through. There will be turn lanes for eastbound traffic, westbound will use the center lane for turning. If the City implemented an interchange at 212 and 494 and closed that intersection at Technology Drive and 212 at the east end, overall future development would allow a secondary access. This could mean a connection to Single Tree Lane. It's necessary to maintain two entrances for Costco and there will be traffic congestion at certain times. Since they open later, they won't contribute to early morning rush hour traffic and weekends there will be a large volume of traffic but none from the office areas. The afternoon traffic would not be a problem. Seymour asked Gray if another retail business were to build in the same area,would there be sufficient space to upgrade the road to a four lane. Gray replied a four lane road wouldn't be a solution and with another retail user on the site then a connection to Single Tree Lane would be the best alternative. Koenig asked the developer if fuel pumps would be open 24 hours per day. Johnson responded the hours are 6 a.m. to 9 or 9:30 p.m. Koenig stated the last time Costco came in front of the Board there was discussion about a fueling facility and gas wars and traffic congestion. She asked about whether there were concerns with backup of traffic onto Technology Drive should this occur. Johnson responded that those facilities that experienced the gas wars were located on the west coast. In the Midwest n one o f t he fueling facilities experience t hat kind o f t raffle through them. Here in Minnesota gas stations aren't permitted to sell gas at 10 or 12 cents less than other gas stations nearby. S tate 1 egislation does not allow t his type o f activity. Koenig stated that during noon time it is very congested in that area and she would anticipate that there would be a wait to get onto Prairie Center Drive. She asked if they expanded the building would there be enough area for additional parking stalls. Johnson replied the new plans will show the expanded building and additional parking spaces which will be striped at 9 feet rather than 10 feet. Sutherland stated he assumed that with the expanded building Costco would not be asking for more waivers. Johnson stated they would not. Steppat asked about the fueling area and whether there are concerns about leakage of fuel and it washing into the lake. Gray responded the storm sewer will drain toward Bachmans, not near Lake Idlewood. He stated gasoline generally evaporates /03 Planning Board Minutes June 23,2003 Page 5 so quickly and it's more of a fire hazard than a leakage problem.He said the Amoco on the corner of Single Tree Lane is connected to the storm sewer system. Foote asked when the gas station is operating whether there will be someone to man it. Johnson responded they will have an unattended permit to allow self service. There will be a manager on duty during those hours and for safety reasons there are safety switches on the controller enclosure. Stoelting asked how the traffic will stack into the fuel facility. Johnson stated traffic flow for the facility is one way. The entrance is on the north end, customers drive through, gas up and then head south. The design is different in that there is an extra 11 foot lane between the pump islands so that if a nonmember tries to use pumps they have a lane to exit out. Stoelting asked if there was access from the west. Johnson responded customers could use the eastern approach the pumps and turn in to approach the pumps. If they were to go in from the western area they would circle around. Koenig asked staff about the possible connection to Single Tree Lane. She stated she would like some clarification as to its feasibility and a timeline. Gray responded the corridor for that connection is on the remainder of the Emerson property to the east of the Costco location and with some grading there is a feasible connection. Another alternative would be to connect to Eden Road rather than Single Tree Lane, although Single Tree would be the preferred choice. Any development of the Emerson property is considered redevelopment. He stated there will be a lot of those type of projects in the future with new road corridors that don't exist today; this will be one of them. He said redeveloping the street connection to Single Tree Lane is not a difficult project to accomplish. Koenig asked for clarification regarding the easement through the Emerson property. Gray stated the City is requesting an easement,through the p latting process, from Emerson t o allow for building a roadway through their site as future redevelopment occurs. Koenig asked what the Board's standing was on this. Gray responded the Board had recommended it and it will be going to City Council. Franzen stated it will be going before the Council on July 1. Seymour asked about sign waivers and an explanation of the sign package. Franzen said Costco is entitled to a pylon sign, wall signs on the main building and wall signs on the gas canopy. Wall signs area percentage of the wall area not to exceed 300 square feet. Costco's total sign allowance is 1388 square feet, 30 feet greater than the code allows. Seymor asked about the Target signs. Franzen stated that Target is permitted 300 square feet per wall or 1,200 total square feet. Target asked for a waiver to have two signs greater than 300 square feet in exchange for less overall sign area. The City approved a 500 and a 400 square foot sign. Larger signs can be acceptable provided they are proportional to the size of the building and look appropriate in scale. /ay Planning Board Minutes June 23, 2003 Page 6 Stoelting asked the board members if there are changes to point out to the developer. He asked whether Board members were comfortable with the guide plan change and also their comfort level with the sign waivers. Brooks stated it appears the developer has worked with the staff for a long time, and he had no issues or questions. Foote stated that regional commercial is a better use than industrial and would support the waivers. The only concern will be the traffic and road design. Steppat stated he is fine with a guide plan change which fits the land use for the area. He said the issue is traffic. Seymour said he is comfortable with the guide plan change and waivers being requested. This is a good location for this business. Sutherland stated he is comfortable with the guide plan change and the waivers. He is concerned about the traffic issue. Koenig stated is not comfortable with the extent of the impervious surface and questioned whether more trees could be saved. Fox responded the existing trees are basically landscape trees. The tree ordinance protects larger woodland, native trees and that's not the situation on this site. MOTION by Brooks, second by Foote, to recommend a continuance to the July 14, 2003, meeting. Motion carried,7-0. Nelson abstained • /05 Planning Board Minutes July 14,2003 Page 8 VII. CONTINUED PUBLIC HEARINGS A. COSTCO WHOLESALE by Costco Wholesale. Request for Comprehensive Guide Plan Change from Industrial to Regional Commercial on 18.1 acres, Planned Unit Development Concept Review on 18.1 acres, Planned Unit Development District Review with waivers on 18.1 acres, Zoning District Change from I-5 to Commercial Regional Service on 18.1 acres, and Site Plan Review on 18.1 acres. Location 12005 Technology Drive. Ted Johnson,president of Design Strategies, presented the project. He stated at the June 23 meeting there were issues to be resolved. Since then,they have revised the plans. The parking lot is set back 40 feet from Technology D rive. The tree and landscaping plan was adjusted to show 1,689 caliper inches of trees to meet code. The wall signs were reduced and resulted an overall sign size of 1,362 square feet which is less than the 1,388 square foot limit in the code. The improvements to Technology D rive include a four 1 ane urban cross section i n front o f t he C ostco Warehouse. It will be a continuation of the cross section to the west of the site. A technical problem remains unresolved regarding storm water on Technology Drive and they are working with MnDOT and City staff to determine the best ways to deal with that issue. Franzen stated staff recommends approval according to the recommendations on pages 2 and 3 of the staff report. Gray stated the Technology Drive is actually a three lane road with turn lanes. It does meet the requests of the City. Steppat moved,Koenig seconded to close the public hearing. Motion carried,7-0. Koenig asked about the traffic study and whether staff feels comfortable with the cost of widening the bridge. Gray responded that when looking at this development, those issues will exist whether Costco locates there or not. He said there are larger issues regarding traffic in that area. Stoelting asked about the waiver on the impervious surface in the shoreland area and where storm water runoff will drain. Johnson responded that the storm water currently is going to the east into Lake Idlewild. Costco is proposing to remove the storm sewers and redirect the storm water to the pond on the south end of the property which releases to the southwest into Purgatory Creek. Gray responded the southwest corner of the Costco site will drain to a storm water pond and the outlet is to the Purgatory Creek recreation area. • MOTION by Brooks, second by Sutherland, to recommend approval of a Comprehensive Guide Plan Change from Industrial to Regional Commercial on 18.1 acres,Planned Unit Development Concept Review on 18.1 acres,Planned Unit /0g Planning Board Minutes July 14,2003 Page 9 Development District Review with waivers on 18.1 acres, Zoning District Change from I-5 to Commercial Regional Service on 18.1 acres, and Site Plan Review on 18.1 acres, based on plans dated July 3, 2003, subject to the recommendations of the staff reports dated June 20, 2003 and July 11, 2003, to the City Council. Motion caned,6-0. Nelson abstained CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims August 5,2003 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 121923 - 122535 Wire Transfers 1837- 1853 Background Information Attachments SOS City of Eden Prairie Council Check Summary 8/52003 Division Amount General 496,068 100 City Manager 473 101 Legislative 4,308 102 Legal Counsel 35,176 110 City Clerk 9,210 111 Customer Service 11,563 112 Human Resources 2,266 113 Communication Services 21,005 114 Benefits&Training 36,484 115 Risk Management 236 116 Facilities 27,732 117 City Center 12,235 130 Assessing 97 131 Finance 682 132 Social Services 16,583 133 Community Development -1,469 135 Information Technology 55,634 136 Wireless Communication 2,507 137 Economic Development 49 150 Park Administration 1,510 • 151 Park Maintenance 51,913 152 Parks Capital Outlay 16,023 153 Athletic Programs 3,139 154 Community Center 32,960 155 Beaches 82 156 Youth Programs 23,918 157 Special Events 26,042 158 Senior Center 1,411 159 Recreation Administration 50 160 Adaptive Recreation 670 161 Oak Point Pool 7,781 162 Arts 6,275 163 Park Facilities 5,542 180 Police 33,776 183 Civil Defense 145 184 Fire 10,101 185 Animal Control 182 186 Inspections 350 200 Engineering 939 201 Street Maintenance 40,198 202 Street Lighting 52,744 203 Fleet Services 32,597 204 Equipment Revolving 575 280 SWMT 10,836 301 CDBG 24,218 302 BRA Fund 529 303 Cemetary Operation 786 308 E-911 1,464 311 Grant Fund 875 312 Recycle Rebate 4,837 405 Park Bonds 1992A,1993A 681 502 Park Development 49,503 503 Utility Improvement 9,956 504 Improvment Bonds 1993 77,403 506 Improvment Bonds 1996 27,810 507 Construction Fund 74,907 509 CIP Fund 69,877 511 Construction Fund 5,535 601 Prairie Village Liquor 135,302 602 Den Road Liquor 225,374 603 Prairie View Liquor 141,831 701 Water Fund 79,776 702 Sewer Fund 173,359 703 Storm Drainage Fund 19,521 800 TIF 244,933 803 Escrow Fund 33,438 806 SAC Agency Fund 169,575 Report Totals 2,662,089 109 City of Eden Prairie Council Check Register 8/512003 Check# Amount Vendor/Explanation Account Description Business Unit 1837 1,468 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1838 2,542 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund 1839 36 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1840 230 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 1841 166,593 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 1842 66,671 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 1843 1,379 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 1844 354 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 1845 66,567 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 1846 33,098 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1847 9,159 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1848 15,327 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1849 232 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1850 9,219 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1851 25,626 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1852 15,327 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1853 130,870 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 121923 125 AMERICAN RED CROSS Recreation Supplies Pool Lessons 121924 790 AMERICAN TRAINCO Conference Expense Engineering 121925 1,047 ARCH PAGING Pager&Cell Phone Wireless Communication 121926 295 BLANCHARD,KELLIE ANN Other Contracted Services Afternoon Playground 121927 43 CULLIGAN BOTTLED WATER Operating Supplies Fire 121928 1,243 DOMINIUM Interest Subsidy Heights at Valleyview 121930 262 FRANZEN,JAMES Travel Expense Police 121931 18 FREY,LYNDELL Pager&Cell Phone Softball 121932 359 GENZ RYAN PLUMBING&HEATING Plumbing Permits General Fund 121933 39 GORDON,DEB Lessons&Classes Pool Lessons 121934 162 GREAT AMERICAN HISTORY THEATRE Special Event Fees Senior Center Program 121935 60 HEATH,SHARON Open Fees Ice Arena 121936 90 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 121937 3,804 HENNEPIN COUNTY TREASURER Board of Prisoner Police 121938 2,000 IND SCHOOL DIST 272 Capital Under$2,000 Park Acquisition&Development 121939 34 IRMITER,JESSE Travel Expense Police 121940 210 ISANTI COUNTY SHERIFF'S DEPT Deposits Escrow 121941 117 JENKINS,BROOKE Mileage&Parking Tree Disease 121942 37 LIDDELL,TONY R. Printing Fire Cert Grant 121943 142,395 LINCOLN PARC APARTMENTS LLC Interest Subsidy Lincoln Parc Apartments 121944 46 LOHAN,LESLIE Open Fees Ice Arena 121945 5,600 MINNESOTA HIGHWAY SAFETY&RES Tuition Reimbursement/School Police 121946 79 MOTOROLA Equipment Repair&Maint Wireless Communication 121947 52 NIVEN,SUSAN Program Fee Summer Skill Development 121948 11,839 OAKBROOK CORPORATION Interest Subsidy Edenvale TIF District 121949 44,060 PRAIRIE VILLAGE LMTD PARTNERSH Interest Subsidy TIF Elim Shores&PV Apartment 121950 40 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 121951 253 PROGRESSIVE BUSINESS PUBLICATI Dues&Subscriptions In Service Training 121952 132 QWEST Telephone Prairie Village Liquor Store 121953 15,833 REAL ESTATE EQUITIES MANAGEMEN Interest Subsidy Columbine Road 121954 20 RED HATTER MATTERS Dues&Subscriptions Senior Center Program 121955 575 RICHFIELD,CITY OF Machinery&Equipment Public Works 121956 28 SECRETARY OF STATE Operating Supplies Economic Development 121957 970 SOUTHWEST METRO TRANSIT Other Contracted Services July 4th Celebration 121958 100 STAR OF THE NORTH Other Contracted Services Staring Lake Concert 121959 29 STATE OF MINNESOTA Operating Supplies Fleet Services 121960 200 STOLP,DENA M Other Contracted Services Summer Theatre 121961 340 UNIVERSITY OF MINNESOTA Tuition Reimbursement/School Police 121962 78 US POSTMASTER-HOPKINS Postage General 121963 29 VOSBEEK,PETER. Operating Supplies Police 121964 101 WEBSTER.SETH Mileage 8f Parking Tree Disease 121965 65 WHITE,BECK! Mileage&Parking Afternoon Playground 121966 71 WHITE,NICOLE Mileage&Parking Adaptive Recreation 121967 9 WOLF CAMERA Video&Photo Supplies Communication Services 121968 1,522 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 121969 500 ANGELINE,AMY Other Contracted Services Staring Lake Concert 121970 1,400 BOLD,PAULINE Instructor Service Outdoor Center 121971 2,755 CENTERPOINT ENEGY Gas Water Treatment Plant 121972 105 CHIEF SUPPLY Board of Prisoner Police 121973 80 CHOICE INC Other Contracted Services Prairie Village Liquor Store 121974 26 CULLIGAN-METRO Operating Supplies Outdoor Center 121975 271 CY'S UNIFORMS Clothing&Uniforms Police 121976 257 DEGREE,BETH Mileage&Parking Aquatics&Fitness Admin 121977 474 EAGLE TRAINING LLC Tuition Reimbursement/School Police 121978 100 FERRELLGAS Gas Outdoor Center 121979 38 FIKES HYGIENE SERVICES Building Repair&Maint Den Road Liquor Store 121980 2,193 FIRST INDUSTRIAL L.P. Deposits Escrow 121981 1,722 GENERAL PROPERTIES,INC Deposits Escrow 121982 700 GILDERSOUND/KILTER Other Contracted Services Staring Lake Concert 121983 1,174 HENNEPIN COUNTY Waste Disposal Park Maintenance 121984 1,197 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Police 121985 1,425 J L HERTEL CONSULTING SERVICES Deposits Escrow 121986 100 LEIZINGER,A.SUZETTE Instructor Service Outdoor Center 121987 60 MCFERRIN,TANYA Instructor Service Outdoor Center 121988 796 MEALS ON WHEELS Other Contracted Services Housing,Trans,&Human Sery 121989 158 QWEST Telephone Sewer Liftstation 121990 73 SMITH&WESSON ACADEMY Equipment Repair&Maint Police 121991 1,325 TERRY VOGT HOMES / D Deposits Escrow Check# Amount Vendor/Explaiabon Account Description Business Unit 121992 432 UNIFORMS UNLIMI I tit Clothing&Urif.,in Fire 121993 681 US BANK TRUST NATIONAL ASSN Paying Agent Park Bonds 1992A&1993A 121994 1,480 US POSTMASTER-HOPKINS Postage Water Accounting 121995 10 WOLF CAMERA Video&Photo Supplies Park Maintenance 121996 1,741 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 121997 223 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 121998 90 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 121999 660 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 122000 4,383 BELLBOY CORPORATION Liquor Prairie View Liquor Store 122001 12,448 DAY DISTRIBUTING Beer Prairie Village liquor Store 122002 2,469 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store 122003 12,241 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 122004 256 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 122005 381 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 122006 412 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 122007 9,520 GRIGGS COOPER&CO Transportation Den Road Liquor Store 122008 115 HOHENSTEINS INC Beer Den Road Liquor Store 122009 21,596 JOHNSON BROTHERS LIQUOR CO Wine Imported Prairie Village Liquor Store 122010 18,062 MARK VII Beer Den Road Liquor Store 122011 712 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 122012 1,019 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 122013 1,148 PAUSTIS&SONS COMPANY Beer Den Road Liquor Store 122014 9,055 PHILLIPS WINE AND SPIRITS INC Misc Taxable Prairie Village Liquor Store 122015 748 PINNACLE DISTRIBUTING Misc Non-Taxable Den Road Liquor Store 122016 2,679 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 122017 12,972 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store 122018 30,009 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 122019 90 TRI'COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store 122020 1,970 WINE COMPANY,THE Wine Domestic Prairie View Liquor Store 122021 387 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 122022 1,749 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 122023 51 ALBERTSON,KELSEY Other Contracted Services Teen Work Program\ 122024 30 AMELL,PAUL Other Contracted Services Teen Work Program 122025 52 BELLUS,MATT Other Contracted Services Teen Work Program\ 122026 10 BLACKFORD,MATT Other Contracted Services Teen Work Program\ 122027 24 CARLSON,CASEY POTTER Other Contracted Services Teen Work Program\ 122028 55 CHASKA PAR 30 Operating Supplies Summer Skill Development 122029 1,202 CORPORATE EXPRESS Office Supplies General 122030 35 CROSLEY,WESTON Other Contracted Services Teen Work Program\ 122031 31 CYS UNIFORMS Clothing&Uniforms Police 122032 114 ENDRES,SARAH LYNN Other Contracted Services Teen Work Program\ 122033 63 ENMARK,ANNIE Other Contracted Services Teen Work Program\ 122035 500 GENERAL PROPERTIES,INC Deposits Escrow 122036 124 GIN,MICHELLE Other Contracted Services Teen Work Program\ 122037 49 GOODWIN,MATTHEW Other Contracted Services Teen Work Program\ 122038 61 GORDON,LIZZY Other Contracted Services Teen Work Program\ 122039 156 GRANT,STEPHANIE Clothing&Uniforms Police 122040 53 HEINZMANN,GARY Org Athletic League Fees Volleyball 122041 122 JW PEPPER&SON INC Operating Supplies Art&Music 122042 56 KALAIDES,JENNY Other Contracted Services Teen Work Program 122043 35 KATTNER,WILL Other Contracted Services Teen Work Program\ 122044 104 KRULL,JOHN Other Contracted Services Teen Work Program\ 122045 44 KRUSE,SUSIE Lessons&Classes Pool Lessons 122046 7 LAURO,ANNA Program Fee Senior Center Program 122047 75 MINNESOTA BUREAU OF CRIMINAL A Employment Support Test Human Resources 122048 40 MINNESOTA COMMERCE DEPARTMENT Other Contracted Services 2000 Rehab 122049 89 MINNESOTA COUNCIL ON FOUNDATIO Video&Photo Supplies Housing,Trans,&Human Sew 122050 1,353 MINNESOTA VALLEY ELECTRIC COOP ' Electric • Street Lighting 122051 612 MUHLHAUSER,WENDY Instructor Service Preschool Events 122052 70 MULQUEENY,MATT Other Contracted Services Teen Work Program\ 122053 85 O'BRIEN,COLLIN L. Other Contracted Services Teen Work Program\ 122054 108 O'BRIEN,THEA M. Other Contracted Services Teen Work Program\ 122055 30 OTTESON,STEFANIE Other Contracted Services Teen Work Program\ 122056 718 PEMTON LAND Deposits Escrow 122057 44 PLATH,CHRISTINE Lessons&Classes Oak Point Lessons 122058 2,413 QWEST Telephone E-911 Program 122059 1,456 Qwest COMMUNICATIONS Pager&Cell Phone Police 122060 1,020 RATEIKE,MARILYN JANE Other Contracted Services Art&Music 122061 35 ROMMEL,ANDREW Other Contracted Services Teen Work Program\ 122062 35 SARLES,ANDREW Other Contracted Services Teen Work Program 122063 56 SEVERSON,JOSEF Other Contracted Services Teen Work Program\ 122064 42 SHAW,KENDRA Other Contracted Services Teen Work Program\ 122065 43 SLIGH,ANNIE Other Contracted Services Teen Work Program\ 122066 47 SPADING,ADRIANA Other Contracted Services Teen Work Program\ 122067 350 STEARNS COUNTY SHERIFF'S DEPAR Deposits Escrow 122068 73 STREICHERS Equipment Parts Fleet Services 122069 132 SULTE,HEATHER Lessons&Classes Pool Lessons 122070 40 THAYER,JAKE Other Contracted Services Teen Work Program\ 122071 39 TRAINOR,CALEB Other Contracted Services Teen Work Program\ 122072 450 TUNE INTO KIDS Other Contracted Services Staring Lake Concert 122073 242 UNITED HEALTHCARE SERVICES INC Employee Assistance Employee Benefits 122074 123 VARNER,DREW Other Contracted Services Teen Work Program\ 122075 112 VOLTIN,BRETT Other Contracted Services Teen Work Program\ 122076 211 ZECH,MEGAN Other Contracted Services Tennis 122077 88 ZIEBOL,DANNY Other Contracted Services Teen Work Program\ 122078 639 ARROWWOOD RADISSON RESORT Conference Expense Finance 122079 540 BATES,DON Other Contracted Services Art&Music 122080 100 BURNSVILLE POLICE DEPARTMENT Tuition Reimbursement/School Police 122081 3,750 CE LASALLE&ASSOCIATES j i' Other Contracted Services Improvement Projects 1996 Check# Amount Vendor!Explanation Account Description Business Unit 122082 7,500 CLASS SOFTWARE SOLUTIONS Miscellaneous Information Technology 122083 545 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 122084 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance Information Technology 122085 103 FEDEX Postage General 122086 1,443 FISHER,PAUL Other Contracted Services Housing,Trans,&Human Sery 122087 5,874 HENNEPIN COUNTY Deposits Escrow 122088 935 HENNEPIN COUNTY 1/T DEPT Software Maintenance Information Technology 122089 234 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 122090 295 LEAGUE OF MINNESOTA CITIES Conference Expense City Council 122091 26,591 LOGIS Software Maintenance Information Technology 122092 117 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 122093 400 MINNESOTA POLLUTION CONTROL AG Other Contracted Services TIF fund 122094 935 MUHLHAUSER,WENDY Instructor Service Preschool Events 122095 376 PETTY CASH Operating Supplies Summer Safety Camp 122096 250 PROSTAFF Employment Support Test Human Resources 122097 50 QUICKSILVER EXPRESS COURIER Postage General 122098 111 STOVRING,LESLIE Mileage&Parking Storm Drainage 122099 86 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Street Maintenance 122100 72 WHITE,NICOLE Mileage&Parking Adaptive Recreation 122101 2,960 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 122102 36 ANGELL-AIRE Cash Over/Short General Fund 122103 107 BIFFS INC Operating Supplies Fire 122104 700 BOLD,PAULINE Instructor Service Outdoor Center 122105 601 BORCHARDT,BRIAN Building Permits General Fund 122106 40 BRAGG,ANNALISA Instructor Service Outdoor Center 122107 11,724 CENTERPOINT ENERGY MARKETING I Gas Maintenance 122108 119 COOPER,LAMAR Program Fee Preschool Events 122109 114 DELANGE,BRITT Program Fee Preschool Events 122110 12,917 DELTA DENTAL PLAN OF MN Dental Reimbursement Employee Benefits 122111 85 ERICSON,CYNTHIA Program Fee Athletics 122112 35 FIRESIDE HEARTH&HOME Mechanical Permits General Fund 122113 8 FLARE HEATING Cash Over/Short General Fund 122114 4,000 HENNEPIN COUNTY Deposits Escrow 122115 50 HENNEPIN COUNTY TREASURER Miscellaneous Charlson Area Construction 122116 50 HOEDEMAN,LEAH Program Fee Afternoon Playground 122117 57 HOLTE,NANCY Program Fee Preschool Events 122118 12 HUSSEY,JOE Cleaning Supplies Maintenance 122119 85 KALAIDIS,BECKY Program Fee Athletics 122120 100 LEIZINGER,A.SUZETTE Instructor Service Outdoor Center 122121 40,000 LITTLE TIKES COMMERCIAL PLAYS Improvements to Land Capital Impr./Maint.Fund 122122 12 MANOS,PETER Program Fee Afternoon Playground 122123 41 MCDONALD,LESLIE Program Fee Tennis 122124 40 MCFERRIN,TANYA Instructor Service Outdoor Center 122125 104 MORGAN,MARIA Program Fee Summer Skill Development 122126 738 NILSSEN,BETH Instructor Service Ice Arena 122127 254 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 122128 161 SON,HAEJA Program Fee Summer Skill Development 122129 85 SPADING,PAT Program Fee Athletics 122130 13 STATE OF MINNESOTA Operating Supplies Fleet Services 122131 50 STEWART-HESTER,RENEE Other Contracted Services Recreation Administration 122132 5 TIM'S QUALITY PLUMBING INC Plumbing Permits General Fund 122133 50 UNITED PUBLISHERS NETWORK Dues&Subscriptions Den Road Liquor Store 122134 3,968 UNITED STATES CONFERENCE OF MA Dues&Subscriptions City Council 122135 26 WINE&SPIRITS Dues&Subscriptions Den Road Liquor Store 122136 14 WOLF CAMERA Video&Photo Supplies Senior Center Administration 122137 3,617 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 122138 43 ACKER,TAYLOR Other Contracted Services Teen Work Program\ 122139 1,878 ALLINA HEALTH SYSTEM Other Contracted Services Employee Benefits 122140 40,326 AMERICAN LIBERTY CONSTRUCTION, Improvements to Land . Park Acquisition&Development 122141 88 AT&T Pager&Cell Phone Police 122142 70 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 122143 65 CARLIN,JAMIE Recreation Supplies Youth Programs Administration 122144 353 CARLSON,DAN Tuition Reimbursement/School Police 122145 10 CONSTANTINE,KAY Program Fee Senior Center Program 122146 26 CULLIGAN-METRO Operating Supplies Outdoor Center 122147 281 CY'S UNIFORMS Clothing&Uniforms Police 122148 64 EDHLUND,ERIC Operating Supplies Summer Theatre 122149 295 ENVIRO-CLEAN Deposits Escrow 122150 69 EXPRESS MESSENGER SYSTEMS INC Postage General 122151 936 FLEX COMPENSATION INC Other Contracted Services Employee Benefits 122152 56 FREY,CHRISTINA Other Contracted Services Teen Work Program\ 122153 326 GREATAMERICA LEASING CORP. Other Rentals General 122154 3,850 HENNEPIN COUNTY Other Contracted Services Environmental Education 122155 29,395 HENNEPIN COUNTY TREASURER-TAXP TIF Revenue-Elim Shores TIF Elim Shores&PV Apartment 122156 274 JEFFERSON FIRE&SAFETY INC Protective Clothing Fire 122157 500 KEISKI,DAVID Other Contracted Services Staring Lake Concert 122158 147 LEMPESIS,BILL Mileage&Parking Prairie View Liquor Store 122159 55 LIFETIME FITNESS,INC Other Contracted Services Employee Benefits 122160 189 MAROTTA,VIC Instructor Service Summer Skill Development 122161 3,887 METRO SALES INCORPORATED` Equipment Repair&Maint General 122162 300 MINNEAPOLIS HEART INSTITUTE FO Other Contracted Services Employee Benefits 122163 144 MINNESOTA BUREAU OF CRIMINAL A Operating Supplies Police 122164 241 MTI DISTRIBUTING INC. Equipment Parts Fleet Services 122165 258 NATIONAL MARTIAL ARTS ASSOCIAT Instructor Service Summer Skill Development 122166 70 NELSON,ANNA Other Contracted Services Teen Work Program\ 122167 295 PETTY CASH-NICOLE WEEDMAN Operating Supplies Summer Skill Development 122168 26 POGATCHNIK,MARCI Clothing&Uniforms Police 122169 7,443 PRAIRIE PARTNERS SIX LIP Building Rental Prairie Village Liquor Store 122170 9,430 PRAIRIEVIEW RETAIL LLC /'a Building Rental Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 122171 34 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 122172 8 TIME WARNER CABLE Cable TV Fire 122173 159 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Police 122174 941 WALMART COMMUNITY Recreation Supplies Summer Safety Camp 122175 118,148 XCEL ENERGY Electric Street Lighting 122176 60 ZUCCH►,TINA Clothing&Uniforms Police 122177 94 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 122178 92 AMERIPRIDE LINEN&APPAREL SER Repair&Maint Supplies Prairie View Liquor Store 122179 647 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 122180 4,131 BELLBOY CORPORATION Operating Supplies Den Road Liquor Store 122181 9,509 DAY DISTRIBUTING Beer Den Road Liquor Store 122182 3,507 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store 122183 12,773 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 122184 102 FINE WINES FROM EUROPE Wine Domestic Prairie Village Liquor Store 122185 973 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 122187 11,291 GRIGGS COOPER&CO Liquor Den Road Liquor Store 122188 980 HOHENSTEINS INC Beer Den Road Liquor Store 122190 42,731 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 122191 19,728 MARK VII Beer Den Road Liquor Store 122192 1,472 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 122193 1,492 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 122194 9,905 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 122195 590 PINNACLE DISTRIBUTING Misc Non-Taxable Prairie View Liquor Store 122196 2,145 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 122197 6,559 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store 122198 16,375 THORPE DISTRIBUTING Beer Den Road Liquor Store 122199 159 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store 122200 315 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 122201 2,370 WINE MERCHANTS INC Wine Imported Den Road Liquor Store 122202' 2,592 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store 122203 320 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 122204 15 AMELL,PAUL Other Contracted Services Teen Work Program\ 122205 757 ASPEN CARPET CLEANING Building Repair&Maint Senior Center 122206 55 BAE,LAUREN Program Fee Summer Skill Development 122207 50 BEUHL,BARBARA Events/Admission Fee Cummins House Special Events 122208 28 CARLSON,CASEY POTTER Other Contracted Services Teen Work Program\ 122209 55 CLAREYS INC Safety Supplies Fleet Services 122210 45 CREATIVE CONCEPTS IN MARKETING Awards City Council 122211 350 D'ARCE,MARTIN Special Event Fees Summer Safety Camp 122212 127 ENDRES,SARAH LYNN Other Contracted Services Teen Work Program\ 129213 2,387 FAMILY HOPE SERVICES Other Contracted Services Housing,Trans,&Human Sery 122214 2,637 FLARE HEATING Other Contracted Services 2000 Rehab 122215 105 GIN,MICHELLE Other Contracted Services Teen Work Program\ 122216 77 GINA MARIAS INC Miscellaneous City Manager 122217 431 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow 122218 150 GUGGEMOS,DAVID Insurance Risk Management 129919 10 HANSON,RUSSELL W Program Fee Senior Center Program 122220 1,512 HOME DEPOT/GECF Building Repair&Maint Park Maintenance 122221 297 ITS A KEEPER Employee Award Communication Services 122222 500 JOHN PHILLIP SOUSA BAND Other Contracted Services Staring Lake Concert 199973 37 KALAIDES,JENNY Other Contracted Services Teen Work Program\ 122994 75 KRULL,JOHN Other Contracted Services Teen Work Program\ 122225 2,340 LACROSSE UNLIMITED Instructor Service Athletics 122226 35 LAKESHORE WEEKLY NEWS Dues&Subscriptions In Service Training 122227 392 MANION,GAYLE Program Fee Day Camp 129998 167,879 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 129999 105 MILLER-BLOCK,LAURA Program Fee Summer Skill Development 122230 19,992 MINNESOTA DEPT OF ECONOMIC SEC Unemployment Compensation SouthWest Metro Transit 122231 11,518 MINNESOTA STATE TREASURER Building Surcharge General Fund 122232 7,757 MINNESOTA VIKINGS FOOD SERVICE Miscellaneous r City Clerk . 122233 78 NITZBERG,DEBBIE Program Fee Athletics 122234 121 O'BRIEN,THEA M. Other Contracted Services Teen Work Program\ 122235 27 OTTESON,STEFANIE Other Contracted Services Teen Work Program\ 122236 8 OXMOOR HOUSE Operating Supplies Youth Programs Administration 122237 78 PARKER,HOLLY Program Fee Athletics 122238 118 PEPPIN,RICHARD Program Fee Outdoor Center 122239 16 PUBLIC EMPLOYEES RETIREMENT Miscellaneous General Fund 122240 807 REAL GEM Employee Award Communication Services 122241 15,635 RENEWAL BY ANDERSEN Other Contracted Services 2000 Rehab 122242 600 ROBICHONS THE IN-LINE SKATE SC Special Event Fees Summer Safety Camp 122243 73 RUMFORD,JOAN Special Event Fees Senior Center Program 122244 68 SHAW,KENDRA Other Contracted Services Teen Work Program\ 122245 383 SIGNATURE DINING Miscellaneous City Manager 122246 24 SMITH,SHELLEY Operating Supplies Summer Theatre 122247 5,906 SOLOMON AND SONS Other Contracted Services 2000 Rehab 122248 6,438 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing,Trans,&Human Sery 122249 25 SPADING,ADRIANA Other Contracted Services Teen Work Program\ 122250 6,041 STANDARD INSURANCE CO Life Insurance EE/ER General Fund 122251 55 SZALKIEWCZ,GARY Program Fee Summer Skill Development 122252 40 TELEPHONE ANSWERING CENTER INC Other Contracted Services Water Treatment Plant 122253 200 TIME WARNER CABLE Operating Supplies Fire 122254 529 UNDERCAR SERVICES Hope Loan Receivable Hope Loan Auto Repair 122255 177 VIKING TROPHIES Employee Award Communication Services 122256 130 VOLTIN,BRETT Other Contracted Services Teen Work Program\ 122257 93 WHITE,LUKE Software Information Technology 122258 8,020 XCEL ENERGY Principal Traffic Signals 122259 292 ZECH,MEGAN Other Contracted Services Tennis 122260 75 ZIEBOL,DANNY Other Contracted Services Teen Work Program\ 122261 73 ARVOLD,KATIE / /3 Mileage&Parking Afternoon Playground Check# Amount Vendor!Explanation Account Description Business Unit 122262 158 ASPEN WAb I t SYSTEMS INC. Waste Disposal Den Road Liquor Store 122263 50 BOLD,PAULINE Instructor Service Outdoor Center 122264 112 BRITNEY,SARAH Program Fee Arts Camp 122265 76 BUTCHER,SHERRY Mileage&Parking City Clerk 122266 1,500 CAMPOS,LORI Instructor Service Outdoor Center 122267 226 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 127268 186 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Fire 122269 168 DMX/MINNEAPOLIS Other Contracted Services Den Road Liquor Store 122270 112 DUERSCH,MELISSA Program Fee Arts Camp 122271 500 FREY,TERRI GEIGER Instructor Service Outdoor Center 122272 35,544 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Procecution 122273 5 GROTENHUIS,VAN Program Fee Outdoor Center 122274 44 HAMMOND SR,JOHN Lessons&Classes Oak Point Lessons 122275 80 HART,MARY Program Fee Outdoor Center 122776 4,328 HENNEPIN COUNTY Deposits Escrow 122277 112 KELLY,TERESA Program Fee Arts Camp 122278 40 KNIGHTS OF COLUMBUS Riley Lake Shelter Park Facilities 122279 18 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 122280 24,375 MCF-LINO LAKES Other Contracted Services Street Maintenance 122281 40 MCFERRIN,TANYA Instructor Service Outdoor Center 122282 672 MEDICINE LAKE TOURS Special Event Fees Senior Center Program 122283 712 METRO FIRE Small Tools Fire 122284 171,947 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 122285 80 MIREAU,MICHELLE Homeward Hills Bldg Park Facilities 122286 100 OTTERNESS,RON Instructor Service Outdoor Center 122287 365 PETTY CASH Operating Supplies Finance 122288 125 QWEST Telephone Water Utility-General 122289 52 RAINBOW FOODS INC. Operating Supplies Senior Center Program 122290 490 REBS MARKETING Other Contracted Services Water Accounting 122291 25 WISCONSIN PARK&RECREATION AS Operating Supplies Planning&Development 122292 68 DUNN BROTHERS COFFEE Operating Supplies Cummins House Special Events 122293 145 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 122294 65 AMERIPRIDE LINEN&APPAREL SER Repair&Maint Supplies Den Road Liquor Store 172295 608 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 122296 3,647 BELLBOY-CORPORATION Liquor Den Road Liquor Store 122297 6,759 DAY DISTRIBUTING Beer Den Road Liquor Store 122298 1,095 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 122299 14,937 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 122300 64 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 122301 949 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 122302 13,601 GRIGGS COOPER&CO Transportation Den Road Liquor Store 122303 18,467 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 122304 8,854 MARK VII Beer Den Road Liquor Store 122305 83 PACIFIC DIRECT Misc Taxable Den Road Liquor Store 122306 499 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 122307 122 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 122308 11,068 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 122309 438 PINNACLE DISTRIBUTING Misc Non-Taxable Den Road Liquor Store 122310 2,028 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 122311 4,651 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store 122312 22,908 THORPE DISTRIBUTING Beer Den Road Liquor Store 122313 700 WINE COMPANY,THE Wine Imported Den Road Liquor Store 122314 2,693 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 122315 3,727 WORLD CLASS WINES INC Wine Domestic Prairie View Liquor Store 122316 23 AIS PRODUCTS Postage General 122318 9,615 BIFFS INC Waste Disposal Park Maintenance 122319 1,016 CLAREYS INC Safety Supplies Fleet Services 122320 199 EDEN PRAIRIE TAILOR&SHOE REP Operating Supplies Police 122321 392 GE CAPITAL Other Rentals General 122322 3,205 HENNEPIN COUNTY TREASURER Board of Prisoner Police 122323 2,173 METRO SALES INCORPORATED* Other Rentals General 122324 17,784 MINNESOTA UC FUND Unemployment Compensation Employee Benefits 122325 101 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 122326 183 SCHOWALTER,TRACEY Clothing&Uniforms Police 122327 2,316 WESTSIDE OUTDOOR MAINTENANCE Other Contracted Services Chanson Area Construction 122328 55 XCEL ENERGY Electric Traffic Signals 122329 16 A TO Z RENTAL CENTER Operating Supplies Park Maintenance 122330 12,254 AAA STRIPING SERVICE CO Contracted Striping Traffic Signs 122331 684 ABSOLUTE RAIN INC. Equipment Repair&Maint Fire Station#1 122332 2,710 ACME WINDOW CLEANING INC. Building Repair&Maint Fire Station#1 122333 34 ADVANTAGE FIRST AID AND SAFETY Operating Supplies General 122334 390 AERO DRAPERY AND BLIND Building Repair&Maint Fire Station#1 122335 797 ALEX AIR APPARATUS INC Equipment Testing/Cert Fire 122336 596 ANCHOR PAPER COMPANY Office Supplies General 122337 17,098 ANCHOR PRINTING COMPANY Printing July 4th Celebration 122338 88 APPARENTLY GRAPHIC LTD. Operating Supplies Fire 122339 43 AQUA ENGINEERING INC Repair&Maint Supplies Park Maintenance 122340 46 ASPEN EQUIPMENT CO. Equipment Parts Fleet Services 122341 20 ASSOCIATION OF METROPOLITAN MU Licenses&Taxes Employee Benefits 122342 806 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 122343 730 BECKER ARENA PRODUCTS INC Equipment Repair&Maint Ice Arena 122344 941 BENIEK PROPERTY SERVICES INC. Building Repair&Maint Fire Station#2 122345 1,259 BENSHOOF&ASSOCIATES INC Deposits Escrow 122346 77 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 122347 28 BIG MIKES SUPER SUBS OF WI INC Operating Supplies Fire 122348 424 BIOSYSTEMS Equipment Repair&Maint Fire 122349 14,784 BLACKTOP REPAIR SERVICE INC Seal Coating Miller Park 122350 283 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint Public Works/Parks 122351 352 BLOOMINGTON,CITY OF I H Other Contracted Services Park Maintenance Check* Amount Vendor/Explanation Account Description Business Unit 122352 620 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 122353 268 BRO-TEX INC Equipment Parts Fleet Services 122354 206 CAMPBELL,LAUREN Instructor Service Summer Skill Development 122355 49 CARLSON TRACTOR AND EQUIPMENT Equipment Parts Fleet Services 122356 1,837 CARLSON'S TREE SERVICE Other Contracted Services Tree Disease 122357 5,032 GEMSTONE Repair&Maint Supplies Storm Drainage 122358 356 CENTRAIRE INC Repair&Maint Supplies Fire 122359 4,755 CHAD NESTOR&ASSOCIATES Other Contracted Services Communication Services 122360 426 CHUCKS EXCAVATING INC Other Contracted Services Tree Disease 122361 176 CONCRETE CUTTING&CORING INC Equipment Parts Street Maintenance 122362 67 COPY EQUIPMENT INC Operating Supplies Park Maintenance 122363 2,252 CORPORATE EXPRESS Office Supplies General 122364 38 CROWN MARKING INC Office Supplies Police 122365 346 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 122366 44 CUSTOM FIRE APPARATUS INC Repair&Maint Supplies Fire 122367 286 CUSTOM HEADSETS INC Operating Supplies Police 122368 220 CUSTOM REFRIGERATION INC Equipment Repair&Maint Fire Station#1 122369 8,403 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 122370 1,557 CY'S UNIFORMS Clothing&Uniforms Police 122371 105 D'AMICO AND SONS Operating Supplies Fire 122372 64 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 122373 680 DECORATIVE DESIGNS INC Other Contracted Services City Center Operations 122374 1,432 DISCOUNT SCHOOL SUPPLY Recreation Supplies Day Camp 122375 1,394 DMJ CORPORATION Other Assets Capital Outlay Parks 122376 574 DNR SCREEN PRINTING INC Clothing&Uniforms Summer Theatre 122377 5,658 DPMS(TRAINING) Other Assets Police 122378 2,323 - EARL F ANDERSEN INC Signs Park Maintenance 122379 489 ECOLAB INC Building Repair&Maint Fire Station#3 122380 42 EDMOND,DAVID Other Contracted Services Softball 122381 204 EF JOHNSON Equipment Parts Wireless Communication 122382 89 ELECTRIC SYSTEMS OF ANOKA,INC Equipment Repair&Maint Emergency Preparedness 122383 828 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 122384 33B EMERGENCY AUTOMOTIVE TECHNOLOG Equipment Parts Fleet Services 122385 816 ENERGY MANAGEMENT INC Repair&Maint Supplies Ice Arena 122386 287 ESCHELON TELECOM INC Equipment Repair&Maint Telephone 122387 1,059 EXCEL LANDSCAPING INC Other Contracted Services Park Maintenance 122388 4,850 EXECUTIVE OFFICE CONCEPTS,LTD Computers Capital Impr./Maint Fund 122389 8,059 FACILITY SYSTEMS INC Capital Under$2,000 Furniture 122390 242 FASTSIGNS Repair&Maint Supplies Maintenance 122391 186 FEDERAL SIGNAL CORPORATION Equipment Repair&Maint Fleet Services 122392 143 FERRELLGAS Motor Fuels Ice Arena 122393 19 FIKES HYGIENE SERVICES Operating Supplies Prairie View Liquor Store 122394 14,612 FLANAGAN SALES,INC. Building Capital Outlay Parks 122395 209 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 122396 2,062 FORE MECHANICAL,INC Building Repair&Maint Public Works/Parks 122397 2,307 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 122398 37 GENERAL SAFETY EQUIPMENT COMPA Equipment Parts Fleet Services 122399 177 GINA MARIAS INC Operating Supplies Fire 122400 300 GME CONSULTANTS INC Design&Engineering Construction Fund 122401 1,207 GRAINGER Small Tools General Facilities 122402 245 GREAT AMERICAN BUSINESS PRODUC Operating Supplies Community Center Admin 122403 385 GREATAMERICA LEASING CORP. Other Rentals General 122404 4,637 GREEN LIGHTS RECYCLING INC Other Contracted Services Recycle Rebate 122405 91 GREENMAN TECHNOLOGIES OF MN IN Waste Disposal Fleet Services 122406 6 GREG LARSON SPORTS Recreation Supplies Summer Skill Development 122407 79 GS DIRECT Operating Supplies Engineering 122408 365 HAMILTON,MICHAEL Other Contracted Services Softball 122409 16,134 HANSEN THORP PELLINEN OLSON Design&Engineering Improvement Projects 1996 122410 362 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services 122411 10,888 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 122412 344 HCMC-EMS EDUCATION Tuition Reimbursement/School Police 122413 77,403 HENNEPIN COUNTY TREASURER Right of Way&Easement Street Improvements 1993 122414 5,429 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing,Trans,&Human Sery 122415 282 HENRY,PAUL Other Contracted Services Volleyball 122416 885 HIGLEY,STEVE Other Contracted Services Softball 122417 1,048 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 122418 42 HOLMES,TOM Other Contracted Services Softball 122419 204 HYDROLOGIC Repair&Maint Supplies Park Maintenance 122420 8,442 IND SCHOOL DIST 272 Building Rental Summer Theatre 122421 886 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Services 122422 693 INGRAHAM&ASSOC Other Contracted Services Park Acquisition&Development 122423 8,945 INNOVATIVE GRAPHICS Clothing&Uniforms Summer Safety Camp 122424 529 ITL PATCH COMPANY INC Operating Supplies Summer Safety Camp 122425 5,250 ITTRIUM Equipment Repair&Maint Information Technology 122426 3,625 JANEX INC Cleaning Supplies General Facilities 122427 390 JOHNSON,KAMARA Other Contracted Services Park Facilities 122428 309 K&H OUTDOORS,INC Other Contracted Services Park Maintenance 122429 8,470 KAMIDA INC Improvements to Land Capital Impr./Maint Fund 122430 800 KENNETH COMPANIES INC Other Contracted Services Pleasant Hill Cemetery 122431 53 KINKO'S Printing Fire 122432 3 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 122433 187 LAB SAFETY SUPPLY INC Office Supplies General 122434 6,114 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 122435 108 LANDFORM ENGINEERING COMPANY Other Contracted Services Capital Impr./Maint Fund 122436 2,348 LANDS END CORPORATE SALES Clothing&Uniforms Police 122437 320 LARKIN HOFFMAN DALY&LINDGREN Legal Construction Fund 122438 182 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 122439 191 LESCO INC Chemicals Park Maintenance 122440 205 LIONS TAP i 13 Operating Supplies Fire Check;€ Amount Vendor/Explanation Account Description Businesslnat 122441 44 LTD COMMODITIES Operating Supplies Special Events&Trips 122442 74 MARKS HWY 5 AMOCO Motor Fuels Fleet Services 122443 487 MAXI-PRINT INC Printing Police 122444 75 MED COMPASS Employment Support Test Fire 122446 745 MENARDS Equipment Parts Fleet Services 122447 64 METRO BRUSH&SUPPLY Repair&Maint Supplies Pool Maintenance 122448 266 METRO EROSION INC Other Contracted Services Storm Drainage Projects 122449 150 METROPOLITAN AREA PROMOTIONS C Advertising Prairie Village Liquor Store 122450 1,292 METROPOLITAN FORD Equipment Parts Fleet Services 122451 9,113 METROPOLITAN MECHANICAL Building Repair&Maint Police City Center 122452 4,938 MIDWEST ASPHALT Waste Blacktop/Concrete Street Maintenance 122453 29 MIDWEST TELETRON INC. Equipment Repair&Maint Police 122454 158 MIKE'S SHOE REPAIR INC Protective Clothing Fire 122455 15,635 MILLER DUNWIDDIE Building Capital Impr./Maint Fund 122456 684 MINNESOTA CONWAY Repair&Maint Supplies Fire 122457 245 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 122458 850 MINNESOTA TRANSPORTATION ALLIA Dues&Subscriptions In Service Training 122459 524 MOORE MEDICAL CORP Safety Supplies Fire 122460 692 MTI DISTRIBUTING INC Equipment Parts Fleet Services 122461 126 MURRAY,JOHN Other Contracted Services Softball 122462 200 NASH SALES INC. Other Contracted Services Recycle Rebate 122463 1,763 NATIONWIDE ADVERTISING SERVICE Employment Support Test Human Resources 122464 1,804 NAUTILUS/SCHWINN FITNESS GROUP Capital Under$2,000 Aquatics&Fitness Admin 122465 1,032 NEUMANN,NEAL Other Contracted Services Touch Football 122466 39 NORTHERN TOOL&EQUIPMENT CO. Equipment Repair&Maint Fleet Services 122467 17,303 NORTHLAND BUSINESS SYSTEMS Miscellaneous Information Technology 122468 86 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 122469 1,485 NRPA Conference Expense Parks Administration 122470 4 OFFICE DEPOT CREDIT PLAN Operating Supplies Summer Safety Camp 122471 447 OLSEN COMPANIES Building Materials Park Maintenance 122472 149 PAIN ENTERPRISES INC. Equipment Repair&Maint Maintenance 122473 21 PAPER WAREHOUSE Operating Supplies July 4th Celebration 122474 2,291 PARK NICOLLET CLINIC Employment Support Test Fire 122475 607 PARTEK SUPPLY INC Improvements to Land Capital Impr./Maint Fund 122476 12,652 PETERSON ENVIRONMENTAL CONSULT Design&Engineering Storm Drainage Projects 122477 79 PETSMART Canine Supplies Police 122478 9 POKORNY COMPANY Repair&Maint Supplies General Facilities 122479 9 PRAIRIE CYCLE&SKI Equipment Repair&Maint Police 122480 1,395 PRAIRIE ELECTRIC COMPANY Repair&Maint Supplies Maintenance 122481 77 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 122482 80 PRINTERS SERVICE INC Equipment Repair&Maint Ice Arena 122483 164 RADIOSHACK Operating Supplies Police 122484 780 REAL GEM Operating Supplies July 4th Celebration 122485 1,708 RELIAKOR SERVICES Other Contracted Services Staring Lake 122486 20,000 RES SPECIALTY PYROTECHNICS INC Other Contracted Services July 4th Celebration 122487 69 REYNOLDS WELDING SUPPLY CO Operating Supplies General Facilities 122488 86 RIDGEVIEW BUSINESS HEALTH Insurance Risk Management 122489 641 RIGID HITCH INCORPORATED Capital Under$2,000 Fleet Services 122490 10,808 RMR SERVICES INC Other Contracted Services Water Meter Reading 122491 1,015 SCHARBER&SONS Equipment Parts Fleet Services 122492 84 SCHMIDT,KURT Other Contracted Services Softball 122493 150 SCRAP METAL PROCESSORS INC Equipment Repair&Maint Fleet Services 122494 5,829 SHORT ELLIOT HENDRICKSON INC Design&Engineering Improvement Projects 1996 122495 291 SIGHTLINE DISPLAYS,LLC Equipment Repair&Maint City Center Operations 122496 39 SIMTEK CORPORATION Printing Police 122497 1,767 SM HENTGES&SONS INC Improvement Contracts Utility Improvement Fund 122496 261 SNAP-ON TOOLS Small Tools Fleet Services 122499 1,051 SNELL MECHANICAL INC Equipment Repair&Maint Maintenance 122500 65 SNYDER Recreation Supplies Summer Skill Development 122501 1,859 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources 122502 85,008 SRF CONSULTING GROUP INC Design&Engineering Chanson Area Construction 122503 141 STANDARD SPRING Equipment Repair&Maint Fleet Services 122504 34 STAR TRIBUNE Misc Non-Taxable Prairie View Liquor Store 122505 263 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 122507 3,669 STREICHERS Operating Supplies Police 122508 274 SUBURBAN CHEVROLET GEO Equipment Parts Fleet Services 122509 1,897 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 122510 1,364 SUN NEWSPAPERS Legal Notices Publishing City Clerk 122511 21 TESSCO Operating Supplies General Facilities 122512 791 THYSSENKRUPP ELEVATOR Building Repair&Maint Police City Center 122513 425 TOWN AND COUNTRY DODGE Equipment Parts Fleet Services 122514 1,218 TRANS ALARM INC Building Repair&Maint City Center Operations 122515 170 TRANSPORT GRAPHICS Printing Fire 122516 1,065 TRI STATE BOBCAT INC. Equipment Repair&Maint Traffic Signals 122517 754 TRI-COMBINED RESOURCES,INC Capital Under$2,000 Fire Cert Grant 122518 115 TWIN CITY OXYGEN CO Lubricants&Additives Fleet Services 122519 94 UNIFORMS UNLIMITED Clothing&Uniforms Fire 122520 309 UNITED RENTALS HIGHWAY TECHNOL Other Rentals July 4th Celebration 122521 675 UNLIMITED SUPPLIES INC Operating Supplies Park Maintenance 122522 99 USTA-NORTHERN SECTION Recreation Supplies Tennis 122523 104 VIKING ELECTRIC SUPPLY Operating Supplies Traffic Signals 122524 212 VIKING TROPHIES Operating Supplies Pool Special Events 122525 500 VISIONARY SYSTEMS LTD. Operating Supplies Fire 122526 70 WALKER,CORY Other Contracted Services Park Maintenance 122527 3,640 WEBBER RECREATIONAL DESIGN INC Improvements to Land Capital Impr./Maint Fund 122528 167 WEST WELD Improvements to Land Park Acquisition&Development 122529 1,042 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 122530 1,010 WHEELER LUMBER LLC Building Materials Richard T.Anderson Cons.Area 122531 2,299 WM MUELLER AND SONS INC // Improvements to Land Park Acquisition&Development Check# Amount Vendor/Explanation Account r»crription Business Unft 127c12 259 WOLF CAMERA Video&Photo Supplies Fire 122533 178 ZEE MEDICAL SERVICE Safely Supplies Community Center Admin 122534 235 ZEP MANUFACTURING CO Equipment Parts Fleet Services 122535 210 ZOELLNER,MARK Other Contracted Services Softball 2,662,089 Grand Total I n- CITY COUNCIL AGENDA DATE: August 5 2003 SECTION: Director of Public Works DEPARTMENT: Public Works Department ITEM DESCRIPTION: ITEM NO.: Leslie Stovring Mitchell Lake Water Quality Report £ • I • Through Eugene Dietz COUNCIL REQUEST At the July 15th meeting the City Council requested staff to provide a report at the August 5th Council meeting regarding water quality at Mitchell Lake. WATER QUALITY REPORT Resident Concerns -Residents living on Mitchell Lake have expressed a concern regarding excessive weed growth on Mitchell Lake, including Eurasian water milfoil and curly leaf pond weed. They stated there have been symptoms of water quality degradation such as a significant increase in algae. Resident Request - The residents have requested that the City consider helping residents change the designation of Mitchell Lake from a "Natural Environment Lake" to a "Recreation Development Lake". The residents had determined that the Department of Natural Resources (DNR) does not allow the use of herbicides in lakes that are classified as Natural Environment Lakes. DNR Response- Julie Ekman, DNR Area Hydrologist for South Hennepin County, was contacted to determine what the requirements are for change of status for this type of lake. Ms. Ekman stated that the designation of Natural Environment Lake provides the most protection for lake water quality and she would not recommend a change in designation. Use of herbicides is on weeds is simply treating the symptom rather than the cause of the water quality degradation. Ms. Ekman recommended the City contact the City of Plymouth to learn about the results of changes they made at Medicine Lake to improve water quality within that lake. The most significant measure they took was to ban the use of phosphorous fertilizers on all property that drained into the lake. This change had a dramatic impact on the water quality over several years. The people that have the biggest impact on water quality are those who live directly on the lake. Watershed District Response - Bob Obermeyer, Engineer for the Riley-Purgatory-Bluff Creek Watershed District, agreed that treating milfoil and curly leaf pond weed with herbicides does not improve lake water quality. Other measures would be needed to resolve the problem. Mr. Obermeyer stated that the Riley-Purgatory-Bluff Creek Watershed District will complete its Lake Use Attainability Analysis Report(UAA) for Mitchell Lake by the end of this year. The report will be based on water quality monitoring that was completed in 1999. The report will include a number of recommendations regarding steps the Watershed District and the City should consider to improve water quality within Mitchell Lake. U.S. Army Corps of Engineers - The Corp of Engineers has selected six lakes in Minnesota, including Gleason Lake and Bush Lake in Hennepin County, to conduct experiments on methods of treating lakes that have both Eurasian water milfoil and curly leaf pond weed. This experiment is expected to take several years prior to determining if the beetle that feeds on those plants can survive in this climate. The results of this study will be evaluated to determine if they could be used on lakes within Eden Prairie. Staff Recommendations - City staff would recommend waiting until the UAA for Mitchell Lake is completed before completing the lake evaluation. At that time Staff will consider the I? Mitchell Lake Water Quality August 5,2003 Page 2 recommendations provided by the Watershed District for additional analysis. In the mean time,Staff recommends that homeowners living on Mitchell Lake consider the following actions. They are based on measures taken by cities such as Plymouth that have been very helpful in improving water quality for their lakes. Each of these are steps the residents can take together or individually to improve water quality in Mitchell Lake: • Follow the City ordinance requiring that residents use non-phosphorus fertilizers. • Assist the City in enforcing the restrictive covenants and conservation easements regarding removal of natural vegetation along the shoreline. By maintaining as much of the natural vegetation between the shoreline and manicured lawns any pesticides,herbicides or fertilizers used will be restricted from direct runoff into the lake. • Apply"Do Not Dump, Drains to Lake" labels on storm sewer inlets within the Mitchell Lake watershed. This is a volunteer effort that residents can engage in. • Provide educational information to residents within the watershed on issues such as grass clipping disposal, pet waste, infiltration strips and other measures that residents can engage in. City of Plymouth Experience — The City of Plymouth has conducted lake studies for lakes such as Medicine Lake and Parkers Lake. Both of these are Recreational Development, land-locked lakes in developed watersheds. They have found that there is no single practice which leads to water quality or water clarity improvement. The DNR only allows treatment of up to 15% of the littoral zone of the lake (area with emergent vegetation) with herbicide and 50% harvesting. This alone will not control milfoil or curly leaf pondweed. They have found that when each resident makes a number of small changes in planting and lawn care practices, the result is a positive impact on the water quality of the lake. Just one pound of phosphorus will result in 500 pounds of algae. They have used the measures listed above as well as the following programs. • Native plant/ shoreland buffer restoration rebate program has resulted in an improvement in lake water quality. For example, this year they have a shoreland restoration rebate program around Medicine Lake for 2003-2005 for $50,000. This includes about 17 residents on the lake. • Street sweeping four times per year (one mechanical in the spring and three vacuum-assisted sweepings)within the direct drainage areas to the lakes. • Publish individual newsletters targeting the results of the Lake Studies (similar to the District's UAAs)as they are completed. • Work with groups, such as the Friends of Parkers Lake, to directly involve residents in the work effort. One key consideration is that while these lakes have seen an increase in water clarity and a reduction in algae blooms. However, they have seen an increase in vegetation growth due to the increased clarity. The DNR is strictly enforcing harvesting guidelines and the City has been unable to harvest as aggressively as in the past. The City is focusing on allowing more native vegetation to fill in the lake and hopefully out-competing the invasive species. ATTACHMENT • Letter dated July 24,2003 from Ms. Julie Ekman,Dept. of Natural Resources 1 19 ,s,Mf NyFS�9 a 111 N el .a etONct -aka g timAll` ylca56793 Ca Telephone:(651)772-7910 Fax:(651)772-7977 y).aF NATtl0\*�� July 24,2003 Bob Lambert,Director City of Eden Prairie Parks and Recreation 8080 Mitchell Road Eden Prairie,Minnesota 55344 RE: Procedures to request a shoreland reclassification for Mitchell Lake. Dear Mr. Lambert: Minnesota lakes were given shoreland classifications in the early 1970's. The goal of the classification system is to provide a balance between resource use and resource protection. Shoreland classifications were assigned based on a lake's existing physical character and its capability to withstand future development. In order to reclassify Mitchell Lake it must be shown that a mistake was made during the original classification process. Shoreland classifications are not changed based on a lake's current physical characteristics.This would contradict the intent of the Shoreland Classification process.I have enclosed a document that summarizes the Shoreland Classification process that was used. The Shoreland Classification is a management tool for applying different development standards to different lakes.Eden Prairies' shoreland ordinance utilized this tool to set different development densities and structure setbacks for the three lake and river classifications that occur in the City. Changing Mitchell Lake to a Recreational or General Development lake would make the lake vulnerable to a higher development density and would allow structures to be built closer to the shore. These actions are counter to the purpose of enhancing Mitchell Lake. I have been contacted with a request for information on changing the classification of Mitchell Lake in order to allow the use of chemicals for control of aquatic vegetation.DNR Fisheries manages aquatic vegetation in public waters. Their review of a request for vegetation control includes consideration of a lake's characteristics. These characteristics(and Fisheries' decision) are not dependent on the Shoreland Classification assigned. If aquatic vegetation in Mitchell Lake is of concern to residents,DNR Fisheries should be contacted at(952)772-7950 for advice and assistance. To formally propose reclassification of the shoreland status of Mitchell Lake, the City must write to me requesting same,and provide written justification as to why the reclassification of Mitchell Lake is warranted. I will review the materials sent and formulate a recommendation to the DNR Waters Permits and Land Use Section Administrator for final action. This process may take two-four weeks after I receive such a request from the City. If you have any questions,please contact me at 651-772-7910. Sincerely, Julie Ekman Area Hydrologist Enclosure DNR Information:651-296-6157 • 1-838-646-6367 e TTY:651-296-5484 • 1-800-657-3929 An Equal Opportunity Employer e§r Printed on Recycled Paper Containing a Who Values Diversity J D...0 Minimum of 20%Post-Consumer Waste