HomeMy WebLinkAboutCity Council - 10/07/2003 AGENDA
EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM
TUESDAY, OCTOBER 7,2003 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, City Attorney Ric Rosow,
and Recorder Lorene McWaters
Heritage Room II
I. CALL MEETING TO ORDER
II. APPROVAL OF AGENDA
III. SEVEN-MEMBER COUNCIL
IV. OTHER TOPICS
Council Chamber
VI. OPEN FORUM(Scheduled participants, 6:30-7:00 p.m.)
VII. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.)
VIII. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, OCTOBER 7,2003 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, City Planner Michael Franzen, City Attorney Ric Rosow and Council
Recorder Jan Curielli
I. ROLL CALL/CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
V. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 16,2003 (p. 1)
B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 16,2003 (p. 4)
VI. CONSENT CALENDAR :
A. CLERK'S LICENSE LIST (p. 11)
B. EDEN PRAIRIE CEMETERY EXPANSION by Eden Prairie Cemetery
Association. 2nd Reading for Zoning District Change from R1-13.5 to Public on 1
acre. Location: West of Eden Prairie Road, north and east of Cottonwood Lane.
(Ordinance for Zoning District Change) (p. 12)
C. ADOPT RESOLUTION APPROVING FINAL PLAT OF STONEGATE OF
EDEN PRAIRIE 2ND ADDITION (p. 22)
D. BRYANT LAKE VIEW SECOND by On the Level Inc. Approve Developer
Agreement. Location: South of Crosstown, east side of Beach Road. (p. 25)
E. AUTHORIZE STAFF TO BEGIN EMINENT DOMAIN PROCESS WITH
PRESERVE ASSOCIATION FOR EASEMENTS ASSOCIATED WITH
ANDERSON LAKES PARKWAY TRAIL PROJECT,I.C. 01-5525 (p. 39)
F. APPROVE ACCESS AND DRIVEWAY PERMIT AGREEMENT WITH
PROPERTY OWNERS ALONG ALPINE TRAIL (p. 40)
CITY COUNCIL AGENDA
October 7,2003
Page 2
G. APPROVE EXCLUSIVE SALE/LEASE AGREEMENT BETWEEN THE
CITY AND NORTHSTAR PARTNERS FOR SERVICES AND FEES
ASSOCIATED WITH ANY FUTURE SALE OR LEASE TRANSACTION
BETWEEN THE CITY AND C.H.ROBINSON (p. 45)
H. APPROVE COMMISSION AGREEMENT BETWEEN THE CITY AND
MOHR PARTNERS,INC.,FOR SERVICES AND FEES ASSOCIATED WITH
ANY FUTURE LEASE OR SALE TRANSACTION BETWEEN THE CITY
AND C.H. ROBINSON (p. 45)
I. ADOPT RESOLUTION AMENDING RESOLUTION 2003-131
ESTABLISHING AMOUNTS TO BE ASSESSED FOR 2003 SPECIAL
ASSESSMENT ROLLS (p. 55)
J. APPROVE CONTRACT AMENDMENT NO. 2, PROFESSIONAL SERVICES
AGREEMENT—PURGATORY CREEK RECREATION AREA,PHASE II (p. 58)
VII. PUBLIC HEARINGS /MEETINGS; ,,
A. SPECIAL ASSESSMENT HEARING FOR APPROVAL OF THE 2003
SPECIAL ASSESSMENTS (RESOLUTION) (p. 62)
B. EAGLE RIDGE AT HENNEIV VILLAGE by Pemtom Land Company.
Request for Planned Unit Development Concept Amendment on 151.43 acres,
Planned Unit Development District Review on 64.9 acres, Zoning District
Amendment in the R1-9.5 District on 16.9 acres, Zoning District Amendment in the
RM-6.5 District on 48 acres, Site Plan Review on 48 acres, and Preliminary Plat of
12.1 acres into 84 lots, and road right of way. Location: North of Highway 212, east
of Spring Road. (Resolution for PUD Concept Review, Ordinance for PUD
District Review, Zoning District Amendment,Resolution for Preliminary Plat)
(p. 68)
VIII. PAYMENT OF CLAIMS (p. 86)
IX. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION
10.01 ADOPTING THE MINNESOTA STATE BUILDING CODE (p. 96)
B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION
9.05 ADOPTING THE MINNESOTA UNIFORM FIRE CODE (p. 101)
X. PETITIONS,REQUESTS AND COMMUNICATIONS
A. ADOPT RESOLUTION APPROVING GRADING/LAND ALTERATION
PERMIT FOR LOT 2,BLOCK 1,BRYANT LAKE HEIGHTS (p. 104)
M. REPORTS OF ADVISORY BOARDS & COMMISSIONS
CITY COUNCIL AGENDA
October 7,2003
Page 3
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
1. Flying Cloud Ballfield Expansion—Revised Plan (p. 110)
2. City Survey (p. 114)
3. Jean Harris Memorial Bridge (p. 125)
E. REPORT OF PUBLIC WORKS DIRECTOR
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, SEPTEMBER 16, 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, City Attorney Ric Rosow, and Recorder Lorene McWaters
Heritage Room II
I. CALL MEETING TO ORDER
II. APPROVAL OF AGENDA
III. DRAFT LOCAL WATER MANAGEMENT PLAN
Environmental Coordinator Leslie Stovring provided an overview of the Draft Local
Water Management Plan(DLWMP). She noted completion of the plan was delayed
because the City's consultant for this work,Montgomery Watson, left the Twin Cities
and another firm, Wenck, finished the project. The Community Planning Board held a
public hearing on the plan on September 8. This public hearing is followed by a 45-day
public comment period,which ends October 24. Public comments will be incorporated
into the DLWMP and the final plan will be presented to the City Council for approval in
November or December.
Stovring said the DLWMP was developed to fulfill requirements of Minnesota Statutes.
The plan is a summary of the City's water resource management goals and policies, and
includes a capital improvement program. Stovring said the Task Force's review of the
City's water resources led them to conclude that the primary goal should be to maintain
and improve the quality of our lakes. Resources were prioritized and allocated
accordingly. Prioritization was based on,a number of factors, including recreational
usage. In conjunction with Nine Mile Creek and Riley-Purgatory-Bluff Creek
Watershed Districts,Use Attainability Analyses (UUAs)were conducted on the main
bodies of waters, including Round Lake,Riley Lake,Rice Marsh Lake, and Birch Island
Lake. Funding for projects is based on recommendations made in the UUAs.
The inventory conducted as part of the plan identified a total of 661 water bodies in the
City, including 487 wetlands, 144 stormwater ponds, 15 filled wetlands, and 15 lakes.
Round,Rice Marsh,Bryant and Birch Island Lakes were identified as "high priority,"
based on recreational use and aquatic life. Capital improvement projects were identified
to maintain or improve the quality of these lakes,including a Round Lake water quality
improvement project, a Riley Lake water quality improvement project, and annual
stormwater pond maintenance,repair and upgrade projects. Many of these projects will
be funded at least partially by the respective Watershed Districts. Total expenditures for
the City's share of these projects ranges from$655,000 in 2003 to $834,500 in 2007.
Possible funding sources identified in the plan include the City's stormwater utility,
Watershed District grants, Cash Park fees, and project-specific grants.
Councilmember Case suggested that the plan indicate that although Round Lake was
identified as "high priority,"the City may decide it is not feasible to maintain it as a
swimming lake. Public Works Director Gene Dietz said he would ask staff to put caveats
into the plan stating that the City may not be able to attain some of the standards set forth
in the report. A recommendation for a goose population study will also be added.
Councilmember Mosman suggested having an article with an overview of the plan in the
local newspapers. She thinks residents would be interested in having this information.
IV. OTHER TOPICS
Council Chamber
VI. OPEN FORUM(Scheduled participants, 6:30-7:00 p.m.)
A. MR. STEVE WAGNER
Mr. Wagner appeared before Council regarding maintenance of a vacant lot near
his home on Wilderness Cove. He said he feels he ran into a bottleneck when he
approached the City about taking care of the problem. He said he feels that if an
owner refuses to maintain a property, the City ought to have processes and
procedures in place to see that the work gets done and charged back to the owner.
B. MR.MIKE BOLAND
Mr. Boland said he served as on the Outdoor Aquatic Center and Community
Center Task Forces,which passed on their recommendations to the Council last
spring. He said he has been bombarded with questions about what the City is
going to do with the Task Forces' recommendations. He said he was glad to read
in the newspaper that the City is planning to conduct a phone survey to determine
whether or not there is support for a referendum. He thanked the Council for their
work on this issue, and volunteered to help in any way he can to see the project
move forward.
VH. OPEN PODIUM(Unscheduled participants, 6:50-7:00 p.m.)
VIII. ADJOURNMENT
3
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY,SEPTEMBER 16,2003 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, City Planner Michael Franzen, City Attorney Ric Rosow and Council
Recorder Theresa Brundage
I. ROLL CALL/CALL THE MEETING TO ORDER
Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. Parks &Recreation Director
Bob Lambert was absent.
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
Tyra-Lukens announced 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. She said
Open Forum is reserved for scheduled participants and 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.
Tyra-Lukens 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. She said Open
Forum and Open Podium are not recorded or televised and 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. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Case added two reports, and Mosman and Tyra-Lukens each added one report under XIII.A.
REPORTS OF COUNCILMEMBERS.
MOTION: Case moved, seconded by Mosman,to approve the Agenda as published and
amended. Motion carried 5-0.
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CITY COUNCIL MEETING
September 16,2003
Page 2
V. MINUTES
A. COUNCIL FORUM HELD TUESDAY, SEPTEMBER 2,2003
MOTION:Butcher moved, seconded by Mosman,to approve as published, the
Minutes of the City Council Forum held September 2,2003. Motion carried 5-0.
B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 2,2003
MOTION: Young moved, seconded by Butcher,to approve as published, the
Minutes of the City Council Meeting held September 2, 2003. Motion carried 5-0.
VI. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. SOUTHWEST STATION SIGN by Southwest Metro. 2nd Reading Planned Unit
Development District Amendment with waivers on 21.84 acres, and Zoning District
Amendment in the Commercial Regional Service Zoning District on 12.95 acres.
Location: North of Technology Drive, south of T.H. 312 and west of Prairie Center
Drive. (Ordinance No. 24-2003-PUD-14-2003 for PUD District Review,Zoning
District Amendment)
C. APPROVE 2" READING OF AN ORDINANCE NO. 26-2003 AMENDING
THE CITY CODE BY ADDING SECTION 4.23,MALT LIQUOR LICENSE
REQUIRED
D. ADOPT RESOLUTION NO. 2003-135 AMENDING FEE RESOLUTION 2002-
190,BY ADDING SECTION 1.5,INTOXICATING MALT LIQUORS
(GROWLERS)
E. APPROVE SUPPLEMENTAL WORK REQUEST FROM SRF FOR
ADDITIONAL DESIGN AND CONSTRUCTION SERVICES FOR
SOUTHWEST STATION TRAFFIC SIGNAL IMPROVEMENTS,I.C. 03-5590
F. ADOPT RESOLUTION NO. 2003-136 SETTING PUBLIC HEARING FOR
APPROVAL OF THE I-494 IMPROVEMENTS FROM TH5 TO I-394
G. ADOPT RESOLUTION NO. 2003-137 SUPPORTING EARLIER LETTING
AND SHORTENED CONSTRUCTION SCHEDULE FOR INTERCHANGE
IMPROVEMENTS AT TH169/ANDERSON LAKES PARKWAY AND TH
169/PIONEER TRAIL (CSAH 1)
H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SUMMIT
ENVIROSOLUTIONS FOR INSTALLATION OF ELECTRONIC
TRANSDUCERS IN 13 MUNICIPAL WELLS
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CITY COUNCIL MEETING
September 16,2003
Page 3
I. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SUMMIT
ENVIROSOLUTIONS TO PROVIDE TECHNICAL SUPPORT AND
MAINTENANCE FOR WELL FIELD MONITORING SYSTEM
J. AWARD CONTRACT FOR RILEY-JACQUES BARN REMODELING
K. AWARD CONTRACT FOR RE-ROOFING OF THE SENIOR CENTER TO
DALCO ROOFING INC.
L. APPROVE LEASE AGREEMENT FOR PRAIRIE VIEW LIQUOR STORE
M. RESOLUTION NO.2003-138 AUTHORIZING SECOND AMENDMENT TO
PROJECT MANAGEMENT AGREEMENT, FIRST AMENDMENT TO
REGULATORY AGREEMENT AND AMENDED SUBORDINATION
AGREEMENT(LINCOLN PARC)
MOTION:Mosman moved, seconded by Young, to approve Items A-M of the
Consent Calendar. Motion carried 5-0.
VII. PUBLIC HEARINGS/MEETINGS
A. HOST APPROVAL FOR ISSUANCE OF HEALTH CARE FACILITIES
REVENUE BONDS,SERIES 2003 (GROUP HEALTH PLAN,INC. PROJECT)
(Resolution No.2003-139)
City Manager Scott Neal said official notice of this public hearing was published in
the August 28,2003,Eden Prairie Sun Current. He said Group Health Plan,
Incorporated,more commonly known as Health Partners,has recently issued tax-
exempt bonds through the cities of Minneapolis and St.Paul to construct
improvements to properties it owns throughout the metropolitan area. Because the
funds used to construct the improvements are the result of a tax-exempt financing,
Minnesota Statutes requires the"host community"of the facility that will be
improved to hold a public hearing to approve the project(s). Neal said in Eden
Prairie,the tax-exempt funds will be used to fund office renovation work at the
Health Partners office located at 9700 West 76th Street. Staff recommends the
Council grant the necessary approval for this item.
Tyra-Lukens clarified that there is no public financing involved from the City of Eden
Prairie.Neal said the tax-exempt bonds were issued by the cities of Minneapolis and
St.Paul and this is a housekeeping item.
There were no public comments.
MOTION: Butcher moved, seconded by Mosman,to close the Public Hearing and
Adopt Resolution giving host approval for issuance of Healthcare Facilities Revenue
Bonds, Series 2003 (Group Health Plan,Inc.Project).Motion carried 5-0.
CJ
CITY COUNCIL MEETING
September 16,2003
Page 4
B. CIMA LABS by CIMA Labs, Inc.Request for Planned Unit Development Concept
Review on 9.47 acres,Planned Unit Development District Review on 9.47 acres, and
Site Plan Review on 9.47 acres. Location: 10000 Valley View Road. (Resolution
No. 2003-140 for PUD Concept Review, Ordinance for PUD District Review,
Zoning District Amendment)
City Manager Scott Neal said official notice of this public hearing was published in
the September 4, 2003,Eden Prairie Sun Current, and sent to 19 property owners.He
said the site plan shows an expansion of the existing 77,007 square foot building by
an additional 18,150 square feet and 76 additional parking spaces and the plan meets
all requirements in the I-2 Industrial Zoning District.
Neal said the Community Planning Board voted 7-0 to recommend approval of the
project to the City Council at the August 25,2003 meeting, subject to modifying the
mechanical equipment screening for better screening of rooftop mechanical
equipment and provide a TDM budget. A revised TDM budget is included in the
packet. He said the mechanical equipment screening plan has not been completed.
However, staff has met with the applicant on-site and agreed that the screening will
extend the entire length of the addition.
Franzen said this is a minor building expansion and parking lot expansion plan that
meets all City code requirements.He said determining the method to screen
mechanical equipment will be done prior to the developer's agreement and will be
completed by the second reading.
Dave Hagan,planning consultant for CIMA Labs, said the basic information has been
presented well and he is available for questions.
There were no public comments.
MOTION: Case moved, seconded by Mosman, to close the Public Hearing; and
adopt the Resolution for Planned Unit Development Concept Review on 9.47 acres;
and approve 1st Reading of the Ordinance for Planned Unit Development District
Review and Zoning District Amendment in the I-2 Zoning District; and direct Staff to
prepare a Development Agreement incorporating Staff and Board recommendations
and Council conditions; and direct Staff to issue a land alteration permit and footings
and foundation permit. Motion carried 5-0.
VIII. PAYMENT OF CLAIMS
MOTION: Case moved, seconded by Butcher,to approve the Payment of Claims. The
motion was approved on a roll call vote,with Butcher, Case,Mosman,Young and
Tyra-Lukens voting"aye."
IX. ORDINANCES AND RESOLUTIONS
X. PETITIONS,REQUESTS AND COMMUNICATIONS
CITY COUNCIL MEETING
September 16,2003
Page 5
XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XII. APPOINTMENTS
A. APPOINTMENT OF STUDENT REPRESENTATIVES TO BOARDS AND
COMMISSIONS
City Manager Scott Neal said he held a meeting with the staff liaisons to City
Commissions to review and discuss the applications. Recommendations were then
made based on the students' stated preferences and the quality of their application.
Twenty-four applications were received by the deadline.Three students are being
recommended for each Commission, for a total of 12 student appointments.
Neal said an orientation session will be held for the student representatives before they
begin serving on their Commission,with all terms beginning in October 2003 and
ending May 2004. The orientation will include general information on the City
Council as well as Commission structure and function. Based on student representative
recommendations from last year,the students' terms were lengthened and this has
taken effect with moving the starting month from November to October.
MOTION: Case moved, seconded by Young,to appoint Chris Shea, Cole Johnson,
and Rachel Giertz as Student Representatives to the Parks,Recreation and Natural
Resources Commission to terms beginning October 2003 through May 2004.
Motion carried 5-0.
MOTION: Mosman moved, seconded by Butcher, to appoint Kian Missaghi,Molly
Moroski, and Jackie Beutell as Student Representatives to the Human Rights and
Diversity Commission to terms beginning October 2003 through May 2004.
Motion carried 5-0.
MOTION: Young moved, seconded by Case, to appoint Thomas Grant,John
Buteyn, and Mackenzie Epping as Student Representatives to the Heritage
Preservation Commission to terms beginning October 2003 through May 2004.
Motion carried 5-0.
MOTION: Butcher moved, seconded by Mosman, to appoint Andrew Krause, Carly
Hofstedt, and Evan Estrine as Student Representatives to the Arts and Culture
Commission to terms beginning October 2003 through May 2004.
Motion carried 5-0.
XIII. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Brush in Wooded Areas—Councilmember Case
Case said he received a call from a resident on Pioneer Trail who had a fire
sweep up the back hillside of her property in an outlot area not a conservation
CITY COUNCIL MEETING
September 16,2003
Page 6
easement. She said her neighbors had been piling areas of brush in that area.
Case asked if there is an ordinance against piling brush in woods areas,
particularly in times of drought.Neal said there is probably an ordinance
based on the fire potential and Staff will follow up with the resident.
2. Youth Center—Councilmember Case
Case raised the concept of discussing a youth center as a building and not a
program in the City. He suggested discussing it at the Staff level before
possibly discussing with school district officials at a joint meeting. Butcher
said there are many facilities available for this use.
3. Citizen Input—Councilmember Mosman
Mosman commented regarding citizen input. She said there are many issues
where the Council wants citizen input because there are always two ways to
look at issues. She encouraged citizens to get in touch with Councilmembers
and let them know their opinions. Tyra-Lukens said that citizens can also
contact their county commissioners and legislators because issues resolved at
those levels also impact residents and the city as a whole.
4. Reliever Airport Security Meeting—Mayor Tyra-Lukens
Tyra-Lukens reported that she attended a meeting today where the U.S.
District Attorney discussed reliever airport security. She said the city was also
represented by Neal,Butcher,Police Chief Carlson,Fire Chief Esbensen and
Captain Reynolds. She said police chiefs from Blaine, St.Paul and Crystal,
locations of other reliever airports, also attended as well as members of the
Metropolitan Airport Commission,Transportation Safety Administration and
the FBI and the MAC police chief and Homeland Security District director.
Tyra-Lukens said they discussed security plans for the reliever airports and
the issue of jurisdiction. She said a security template was developed for Flying
Cloud Airport that could be used by other reliever airports to customize the
approach to security at the reliever airports. She said the template is scheduled
to be completed within two months.
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
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
ci
CITY COUNCIL MEETING
September 16,2003
Page 7
H. REPORT OF CITY ATTORNEY
XIV. OTHER BUSINESS
XV. ADJOURNMENT
MOTION: Case moved, seconded by Butcher,to adjourn the meeting.Motion carried
5-0. Mayor Tyra-Lukens adjourned the meeting at 7:25 p.m.
/0
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar October 7,2003
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Police/C.O.P.Unit Clerk's License Application List
Christy Weigel
These licenses have been approved by the department heads responsible for the licensed activity.
Private Kennel
Ross & Gail Cohen—3 dogs
Amendment to Liquor License-
Malt Liquor License
Hops of Minnesota, Ltd
DBA: Hops Restaurant Bar&Brewery
New Liquor License
RT Minneapolis Franchise, LLC
DBA: Ruby Tuesday
New Liquor License—Wine w/Strong
Beer & 3.2 Beer On-Sale
Chipotle Mexican Grill of Colorado, LLC
DBA: Chipotle Mexican Grill
New Liquor License—3.2 Beer On-Sale
New Ownership
Innkeepers Hospitality III, Inc
(Formerly Marriott International)
DBA: Residence Inn Eden Prairie
CITY COUNCIL AGENDA
DATE: 10/07/03
SECTION: Consent Agenda
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Management and Budget/Planning
Scott H. Neal Eden Prairie Cemetery Expansion -a • E
Scott A. Kipp
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for Zoning District Change from R1-13.5 to Public on 1
acre; and
• Approve the Development Agreement for Eden Prairie Cemetery Expansion.
Synopsis
This is for an expansion of the Eden Prairie Cemetery located west of Eden Prairie Road, north
and east of Cottonwood Lane.
Background
At the August 19, 2003 City Council meeting, the Council directed staff to establish a landscape
buffering plan that provides for additional long term screening of the cemetery. This could be
accomplished by planting a greater number of smaller trees now rather than a single row of six-
foot evergreens, so that a more significant buffer would be established over time and prior to use
of this part of the cemetery. Since this portion of the cemetery is not expected to be used for
burials for 20 years or more, the time to implement the landscape buffering plan is five years.
Attachments
1. Ordinance for Zoning Change
2. Development Agreement
ra
EDEN PRAIRIE CEMETERY EXPANSION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99
WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the
R1-13.5 Zoning District and be placed in the Public District.
Section 3. The proposal is hereby adopted and the land shall be, and hereby is
removed from the R1-13.5 District and shall be included hereafter in the Public District, and the
legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl,
Subparagraph B, shall be, and are amended accordingly.
Section 4. City Code Chapter 1, entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99,
"Violation a Misdemeanor" are hereby adopted in their entirety,by reference, as though repeated
verbatim herein.
Section 5. The land shall be subject to the terms and conditions of that certain
Developer's Agreement dated as of October 7, 2003, entered into between the Eden Prairie
Cemetery Association, and the City of Eden Prairie, and which Agreement is hereby made a part
hereof.
Section 6. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
19th day of August, 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 7th day of October,
2003.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor
PUBLISHED in the Eden Prairie Sun Current on
13
EXHIBIT A
EDEN PRAIRIE CEMETERY EXPANSION
Legal Description
Outlot B,FAIRFIELD OF EDEN PRAIRIE,Hennepin County,Minnesota
EDEN PRAIRIE CEMETERY EXPANSION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
SUMMARY OF
ORDINANCE NO. 2003 --
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND
PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF
LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
ORDAINS:
Summary: This ordinance allows rezoning of one acre of land located west of
Eden Prairie Road, north and east of Cottonwood Lane, from the R1-13.5 Zoning District
to the Public Zoning District. E xhibit A, included with this Ordinance, gives the full
legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor
PUBLISHED in the Eden Prairie News on .
(A full copy of the text of this Ordinance is available from City Clerk.)
15
EXIT A
EDEN PRAIRIE CEMETERY EXPANSION
Legal Description
Outlot B,FAIRFIELD OF EDEN PRAIRIE,Hennepin County,Minnesota
l6
DEVELOPMENT AGREEMENT
EDEN PRAIRIE CEMETERY
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of October 7, 2003,by Eden
Prairie Cemetery Association, a Minnesota corporation,hereinafter referred to as "Developer," its successors and
assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City":
WITNESSETH:
WHEREAS, Developer has applied to City for a Zoning District Change from R1-13.5 to Public Zoning
District on 1 acre, legally described on Exhibit A(the"Property");
• NOW,THEREFORE,in consideration of the City adopting Ordinance No. for
Zoning District Change from R1-13.5 to Public on 1 acre, Developer agrees to construct, develop
and maintain the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated July 14, 2003,reviewed and approved by the City Council on August 19,
2003,as further revised pursuant to City Council direction in conformance with the materials
stamp dated September 26, 2003, (hereinafter the "Plans") and identified on Exhibit B,
subject to such changes and modifications as provided herein.
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
3. LANDSCAPE PLAN: Prior to the use of any grave lots within the Property,but not later
than five (5) years from the date of this Agreement, Developer shall complete
implementation of the landscaping plan as depicted in the Exhibit B Plans. Developer agrees
to maintain the landscaping according to City code.
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
Eden Prairie Cemetery Association
By .7(e•e, ,/ �� '�, By
Its �- ece- „ ,__ Nancy Tyra-Lukens
Its Mayor
By
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 ) �---
T e foregoing ins ent was ac owled$ed before me this 3o day ,[ 1 42003,by
, the VA.6 _ , of Eden Prairie Cemetery Association, a
Minnesota corpora io , o ehalf of the corporation.
•
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EXHIBIT A
DEVELOPMENT AGREEMENT—EDEN PRAIRIE CEMETERY
Legal Description
Outlot B, FAIRFIELD OF EDEN PRAIRIE, Hennepin County, Minnesota
EXHIBIT B
THE PLANS
1. Preliminary Rezoning Plan dated 7/14/03 by Hansen Thorp Pellinen Olson,Inc.
2. Preliminary Rezoning Plan dated 9/23/03 by Hansen Thorp Pellinen Olson,Inc.
D.O
EXHIBIT C
DEVELOPMENT AGREEMENT—EDEN PRAIRIE CEMETERY
If Developer fails to proceed in accordance with this Agreement within five(5)years from
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.
II. Provisions of this Agreement shall be binding upon and enforceable against owners, their
successors, and their assigns of the Property herein described.
III. 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.
IV. 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.
V. Developer acknowledges that the rights of City performance of obligations of Developer
contemplated in this agreement are special, unique, and of an extraordinary character, and
that, in the event that Developer violates, or fails, or refuses to perform any covenant,
condition, or provision made herein, C ity may b e without a n 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.
VI. 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.
CITY COUNCIL AGENDA DATE:
October 7,2003
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.:
Engineering Final Plat Approval of Stonegate of Eden PrairieC
Randy Slick 2nd Addition
Requested Action
Move to: Adopt the resolution approving the final plat of Stonegate of Eden Prairie 2nd
Addition
Synopsis
This proposal is located south of Dane Drive and west of Stable Path. The plat consists of 5.19
acres to be divided into eight single-family lots and right-of-way dedication for street purposes.
The 2nd phase will consist of replatting Lots 3 and 4, Block 1 into two additional lots after
October 15, 2005 per the Development Agreement, at which time the existing assessory building
will be removed from the property.
Background Information
The preliminary plat was approved by the City Council May 6, 2003. Second Reading of the
Rezoning Ordinance and final approval of the Developer's Agreement was completed on July 1,
2003.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of$380.00.
• Receipt of street lighting fee in the amount of$16.05.
• Receipt of street sign fee in the amount of$512.30.
• Prior to release of the final plat, Developer shall provide to the City a current title
insurance policy insuring such a condition of title.
• Satisfaction of bonding requirements for the installation of public improvements.
• Execution of Special Assessment Agreement for trunk utility improvements and
Stable Path 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 the final plat, Developer shall submit a Wetland Plan to the
Environmental Coordinator.
Attachments
Drawing of final plat
as
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
STONEGATE OF EDEN PRAIRIE 2ND ADDITION
WHEREAS, the plat of Stonegate of Eden Prairie 2nd Addition has been submitted in a manner
required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the
Minnesota Statutes and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
A. Plat approval request for Stonegate of Eden Prairie 2nd Addition is approved upon
compliance with the recommendation of the City Engineer's report on this plat
dated October 7,2003.
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 October 7, 2003.
Nancy Tyra-Lukens,Mayor
ATTEST: SEAL
Kathleen A. Porta, City Clerk
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CITY COUNCIL AGENDA
DATE: 10/7/03
SECTION: Consent Agenda
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Management and Budget/Planning
Scott H. Neal Bryant Lake Second Addition rar-'p,
Danette M. Moore
Requested Action
Move to:
• Approve the Development Agreement for Bryant Lake Second Addition; and
• Approve and Authorize Issuance of a Grading Permit for Bryant Lake Second
Addition, subject to City Engineer's approval based on final contract documents.
Synopsis
This is for replatting of one existing single-family lot to create two single-family lots.
Attachments
1. Developer's Agreement
as
DEVELOPMENT AGREEMENT
BRYANT LAKE VIEW SECOND ADDITION
THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of August 19,2003,by On the
Level Inc., a 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 Preliminary Plat of 2.57 acres into 2 lots,legally described
on Exhibit A(the"Property");
NOW,THEREFORE,in consideration of the City adopting Resolution No. for
Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated ,reviewed and approved by the City Council on July 15,
2003, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and
modifications as provided herein.
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
3. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit
issuance for each residential structure on each parcel of the Property,a Certificate of Survey
for such parcel shall be submitted for review and written approval by the Building
Department. The Certificate of Survey shall include a certification by the builder that
construction of the residence is consistent with this Agreement and all exhibits attached
hereto, and shall further contain the following information:
A. Topography with 2 foot contour intervals for existing and proposed grades.
Topography must be field verified.
B. Location of structures with finished floor elevations.
C. Retaining walls,type,height, and type of details.
D. Location of sewer,water, gas and electric lines.
E. Method of erosion control.
F. Detailed grading plans.
G. No construction or grading within any conservancy easement area.
H. No steepening of the natural slopes and walk out levels that meet natural grade.
I. Engineered design for footing, foundation, and retaining walls.
4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Land construction thereon or failure to fulfill an
obligation imposed upon the Developer pursuant to this Agreement, City 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.
5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release,defend and indemnify City,its elected and appointed officials,employees and agents
from and against any and all claims, demands, lawsuits, complaints, loss, costs (including
attorneys' fees), damages and injunctions relating to any acts, failures to act, errors,
omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and
agents. Developer shall not be released from its responsibilities to release, defend and
indemnify because of any inspection,review or approval by City.
6. DRIVEWAY: Developer shall remove existing driveway pavement area as identified in the
document set forth in Exhibit B.
7. GRADING,DRAINAGE,AND EROSION CONTROL PLANS:
A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading
and drainage plan contained in the Plans is conceptual. Prior to the release of a land
alteration permit for the Property, Developer shall submit and obtain the City
Engineer's written approval of a final grading and drainage plan for the Property. The
final grading and drainage plan shall include all wetland, wetland buffer strips,
wetland buffer monument locations,water quality ponds,storm water detention areas
and other items required by the application for and release of a land alteration permit.
All design calculations for storm water quality and quantity together with a drainage
area map shall be submitted with the final grading and drainage plan. Prior to release
of the grading bond, Developer shall certify to the City that the water quality pond
conforms to the final grading plan.
Developer shall employ the design professional who prepared the final grading plan.
The design professional shall monitor construction for conformance to the approved
final grading plan and City erosion control policy. The design professional shall
provide a final report to the City certifying completion of the grading in conformance
the approved final grading plan and City erosion control policy.
B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit,
Developer 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.
8. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the
wooded areas on the Property, delineated on Exhibit , Developer shall submit to the
City Forester and receive the City Forester's written approval of a plan depicting construction
grading limits on the Property. Prior to the issuance of any land alteration permit,Developer
shall place a construction fence on the approved construction grading limits. Developer shall
notify the City and watershed district 48 hours in advance of grading so that the construction
limit fence may be field inspected and approved by the City Engineer and City Forester.
Developer shall maintain the construction limit fence until written approval is granted by the
City to remove the fence.
9. PRIVATE UTILITIES: Prior to the release of the final plat for the Property, Developer
shall submit to the City Engineer and receive the City Engineer's approval of a utility and
maintenance agreement for the use of existing private utilities between Lot 2, Block 1,
Bryant Lake View Estates and Lot 1, Block 1, Bryant Lake View Estates. The agreement
shall address the use and maintenance o f s anitary s ewer and water s ervices a cross the
property. All of these facilities shall be privately owned.
Developer shall submit proof to the City Engineer that the utility and maintenance agreement
has been recorded in the Hennepin County Recorders Office/Registrar of Titles Office
10. RETAINING WALLS: Prior to issuance by the City of any permit for grading or
construction on the Property, Developer shall submit to the Chief Building Official, and
obtain the Chief Building Official's written approval of detailed plans for the retaining walls
identified on the grading plan in the Plans.
These plans shall include details with respect to the height,type of materials,and method of
construction to be used for the retaining walls.
Developer shall complete implementation of the approved retaining wall plan in accordance
with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any
occupancy permit for the Property.
11. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the
construction of public utilities for the Property,Developer shall submit to the City Engineer,
and obtain the City Engineer's written approval of plans for public sanitary sewer and water.
The public sanitary sewer shall extend from the sanitary sewer interceptor to the westerly lot
line of Lot 2 of the property. Plans for public infrastructures shall be of a plan view and
profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of
construction value shall be paid to City by Developer. The design engineer shall provide
daily inspection,certify completion in conformance to approved plans and specifications and
provide record drawings.
12. STRUCTURE SETBACKS FROM 100 YEAR FLOOD ELEVATION: All permanent
structures which will abut existing wetlands or storm water pretreatment ponds must have a
minimum setback of 30 feet from the 100-year flood elevation as shown on the Plans.
13. TREE LOSS -TREE REPLACEMENT: There are 1,278 diameter inches of significant
trees on the Property. Tree loss related to development on the Property is calculated at 278
diameter inches. Tree replacement required is 81 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 84 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.
14. UTILITY EASEMENTS: Prior to the release of the final plat for the Property,Developer
shall convey drainage and utility easements, at no cost, to the City, as identified in the
documents set forth in Exhibit B. The drainage and utility easement shall be 20 feet in width,
extending from the existing sanitary sewer interceptor to Century Lane.
30
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 By
Its 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 acknowledged before me this day of , 2003,by
, the , of , a
Minnesota , on behalf of the
Notary Public
3 (
EXHIBIT A
DEVELOPMENT AGREEMENT-BRYANT LAKE VIEW SECOND ADDITION
Legal Description Before Final Plat
That part of Lot 1,Block 1,Bryant Lake View Estates,Hennepin County,Minnesota according
to the recorded plat thereof lying easterly and southerly of the following described line:
Commencing at the most easterly corner of said Lot 1; thence on an assumed bearing of North 47
degrees 59 minutes 07 seconds West along the northeasterly line of said Lot 1, a distance of
381.16 feet to the point of beginning of the line to be described; thence South 00 degrees 55
minutes 00 seconds East a distance of 458.53 feet; thence North 86 degrees 55 minutes 00
seconds West a distance of 225.27 feet to the westerly line of said Lot 1 and there terminating.
Legal Description After Final Plat
Lots1 and 2,Block 1, Bryant Lake View Second Addition,Hennepin County, Minnesota.
EXHIBIT B
Title Sheet dated 4/28/03 by Ryan Engineering
Preliminary Plat dated 4/28/03 by Ryan Engineering
Preliminary Site and Utility Plan dated 4/28/03 by Ryan Engineering
Preliminary Grading Plan dated 8/26/03 by Ryan Engineering
Preliminary Landscaping and Tree Preservation dated 6/19/03 by Ryan Engineering
Preliminary Sanitary Sewer Construction Plan dated 8/26/03 by Ryan Engineering
EXHIBIT C
DEVELOPMENT AGREEMENT—BRYANT LAKE VIEW SECOND ADDITION
I. Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development plan(1"=100'scale)showing existing and proposed
contours,proposed streets,and lot arrangements and size,minimum floor elevations on each
lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100-
year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing
direction of storm water flow on all lots,location of walks,trails,and any property deeded to
the City.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed District
for review and approval. Developer shall follow all rules and recommendations of said
Watershed District.
III. Developer shall pay cash park fees as to all of the Property required by City Code in effect
as of the date of the issuance of each building permit for construction on the Property.
IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24)
months of the date hereof, Developer, for itself, its successors, and assigns, shall not
oppose the City's reconsideration and rescission of any Rezoning,Site Plan review and/or
Guide Plan review approved in connection with this Agreement,thus restoring the status of
the Property before the Development Agreement and all approvals listed above were
approved.
V. Provisions of this Agreement shall be binding upon and enforceable against owners, their
successors, and their assigns of the Property herein described.
VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the
City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identify the legal description of the Property after platting thereof.
VII. Developer represents that it has marketable fee title to the Property, except:
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.
341
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 1 imited t o,t hose
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.
VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City
ordinances affecting the development of the Property. Developer agrees to develop the
Property in accordance with the requirements of all applicable City Code requirements and
City Ordinances.
IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years'
street lighting on the public streets adjacent to the Property(including installation costs, if
any, as determined by electrical power provider), engineering review, and street signs.
X. Developer shall submit detailed water main, fire protection, and emergency vehicle access
plans to the Fire Marshal for review and approval. Developer shall follow all the
recommendations of the Fire Marshal.
XI. Developer acknowledges that the rights of City performance of obligations of Developer
contemplated in this agreement are special,unique, and of an extraordinary character, and
that, in the event that Developer violates, or fails, or refuses to perform any covenant,
condition, or provision made herein, City may 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
35
other remedy. The election of anyone or more remedies shall not constitute a waiver of any
other remedy.
XII. Developer shall,prior to the commencement of any improvements,provide written notice to
Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable
Communication Ordinance(80-33)of the development contemplated by this Development
Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North,
Minneapolis,Minnesota 55411.
XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to
the Inspections Department,including;Building permit fee,plan check fee,State surcharge,
metro system access charge(SAC),City SAC and City water access charge(WAC),and park
dedication. Contact Metropolitan Waste Control to determine the number of SAC units.
XIIII. 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.
XV. 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.
XVI. 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—BRYANT LAKE VIEW SECOND ADDITION
EROSION CONTROL POLICY-AUGUST 1, 1997
1. All construction projects permitted by the City of Eden Prairie which results in the temporary
disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the
use of Best Management Practices(BMP's) as outlined in the Minnesota Pollution Control
Agency's manual,Protecting Water Quality in Urban Areas,to mitigate the impact of erosion
on wetland and water resources. The City Engineer or the Director of Inspections may
impose special conditions to permits which stipulate erosion control procedures and/or direct
the installation of erosion control features or the clean up of erosion at construction sites.
Permits affected by this policy include all grading permits,building permits,and permits for
the installation of utilities.
2. All erosion control systems stipulated in the permit application shall be installed prior to the
issuance of the permit. Supplemental erosion control systems ordered by the City Engineer
or the Director of Inspections shall be installed within 48 hours of that order.
3. The applicant must maintain all erosion control systems in a functional condition until the
completion of turf and/or structural surfaces, which protect the soil from erosion. The
applicant must inspect erosion control biweekly and immediately after each rainfall event of
.5 inches or more. Needed maintenance shall be performed within 48 hours.
4. Best Management Practices(BMP's)shall be utilized at all construction sites to minimize the
trackage or spillage of soil on public streets or highways. BMP's may include, but are not
limited to,rock construction entrances,washing stations,frequent cleaning of streets adjacent
to the construction site or limiting operations when site conditions are unmanageable.
Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers
within the time frame stipulated in the permit special conditions or as ordered by the City
Engineer or the Director of Inspections.
5. If erosion breaches the perimeter of a construction site, the applicant shall immediately
develop a clean up and restoration plans, obtain the right-of-entry from the adjoining
property owner, and implement the clean up and a restoration plan within 48 hours of
obtaining the adjoining property owner's permission. In the event eroded soils enter onto or
are tracked or spilled on a public street,highway,sidewalk or trail,the applicant shall remove
the soil material and thoroughly sweep the street or sidewalk surface within four hours. If
eroded soils enter,or entrance appears imminent,into wetlands or other water bodies,clean
up and repair shall be immediate. The applicant shall provide all traffic control and flagging
required to protect the traveling public during the clean up operations.
6. When an applicant fails to conform to any provision of this policy within the time stipulated
in a written notification,the City may take the following actions:
a. Withhold the scheduling of inspections and/or the issuance of a Certificate of
Occupancy or other approvals.
b. Direct the correction of the deficiency by City personnel or separate contract.
c. Withhold the issuance of building permits
d. At its option,institute and prosecute an action to enjoin violations of this Agreement
and/or an action to specifically enforce performance of this Agreement
The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter
upon the construction site for the purpose of correcting deficiencies in erosion control.
All costs, including but not limited to, attorneys' fees and engineering fees incurred by the
City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by
the applicant. All invoices for erosion control correction shall be due and payable within 30
days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the
highest legal rate.
Each charge for correction of erosion deficiencies shall be a lien upon the property to which
the permit applies. Invoices more than 30 days old on September 30 or any year or on any
other date as determined by the City Engineer or the Director of Inspections may be assessed
against the property. As a condition of the permit, the owner shall waive notice of any
assessment hearing to be conducted by the City, concur that the benefit to the property
exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota
Statute 429.081 or otherwise to challenge the amount or validity of the assessment.
I,We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy dated
August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of
Eden Prairie,Minnesota.
By: By:
Owner's Signature Applicant's Signature
DEVELOPMENT NAME: Lot: Block:
OWNER INFORMATION OWNER(PRINT):
ADDRESS
CITY STATE ZIP
33
CITY COUNCIL AGENDA DATE:
October 7,2003
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION: I.C. 01-5525 ITEM NO.:
Engineering Authorize Staff to Begin Eminent Domain
Rodney W. Rue Process with the Preserve Association for E
Easements Associated with the Anderson Lakes
Parkway Trail Project.
Requested Action
Move to: Authorize staff to begin eminent domain process with the Preserve
Association for easements associated with the Anderson Lakes Parkway Trail
project.
Synopsis
This eminent domain process is necessary to obtain an easement from the Preserve Association
due to their by-laws. Their by-laws require a difficult and timely process with all members in
order to grant the City an easement. The Preserve Association is in agreement that the eminent
domain process is the best approach.
Background Information
The Anderson Lakes Parkway Trail project includes construction of a trail along the south side
of Anderson Lakes Parkway from its terminus (east of Franlo Road) westerly to Neill Lake
Road. The project also includes the construction of a right turn lane on Franlo Road at its
intersection with Anderson Lakes Parkway.
CITY COUNCIL AGENDA DATE:
October 7,2003
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION: I.C. 98-5471 ITEM NO.:
Engineering Approve Access and Driveway Permit
Rodney W.Rue Agreement with Property Owners Along • F
Alpine Trail
Requested Action
Move to: Approve Access and Driveway Permit Agreement with property owners along
Alpine Trail.
Synopsis
This agreement provides for access and driveway use over a section of public right-of-way where
the public street use was abandoned several years ago. As part of the Hillcrest/Alpine area street
reconstruction project, this section of public street is being converted to a private driveway. The
property owners and the City have discussed the possibility of vacating the existing public right-
of-way. This agreement will be voided if the right-of-way vacation process were requested and
approved.
Attachments
Access and Driveway Permit Form
•
1-10
ACCESS AND DRIVEWAY PERMIT
THIS ACCESS AND DRIVEWAY PERMIT is made as of the_day of ,2003
by the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota
("City") for the benefit of Lot 1, Block 1, Alpine Estates, Hennepin County, Minnesota ("Benefited
Property").
RECITALS:
A. City is the local road authority for dedicated right-of-way in Hennepin
County, Minnesota(hereinafter referred to as ("The Permit Area"), legally described
as follows:
•
That part of Alpine Trail right-of-way within the Alpine Estates plat lying
southerly of Lot 1,Block 1,Alpine Estates,Hennepin County.
B. The Benefited Property is legally described'as follows:
Lot 1,Block 1,Alpine Estates,Hennepin County,Minnesota.
C. The City desires to grant and create an access and driveway permit described
hereafter on, over and across City right-of-way (hereinafter "The Permit Area") for
the benefit of,and appurtenant to,the Benefited Property.
NOW THEREFORE,the parties hereby agree as follows:
1. The City hereby grants to the owners of the Benefited Property, their successors and
assigns, and creates a permanent permit for vehicular and pedestrian access and travel
on, over, and across The Permit Area.
2. City further grants to the owners of Benefited Property, its agents, contractors,
successors and assigns, a permit for construction,, reconstruction, repair and
maintenance of a bituminous surface driveway (hereinafter the "Improvements").
See attached"Exhibit A"for details of the Improvements.
3. The City shall construct the Improvements as part of the Hillcrest/Alpine area street
reconstruction project (referred to as Improvement Contract 98-5471) within the
Permit Area. These Improvements are to be completed on or before June 15, 2004.
Owners shall be responsible for any future reconstruction, repair or maintenance of
said Improvements.
4. The cost of the Improvements and restoration of turfed areas within the Permit Area
associated with said street reconstruction project shall be paid by the City. The
Owners shall be responsible for any driveway construction costs outside of the Permit
Area.
5. Repairs and maintenance of the Permit Area shall include but not be limited to the
replacement, patching, and sealing of the bituminous driveway as well as the costs
incurred with snow removal and turf maintenance.
6. The permit granted herein shall be perpetual and shall be for the benefit of the owners
of said Benefited Property, their successors and assigns, and their tenants, agents,
employees,and invitees and shall be appurtenant to the Permit Area.
OWNERS CITY OF EDEN PRAIRIE
•
By By
Norbert Gemes Nancy Tyra-Lukens,Mayor •
By By ,
Patricia Gemes Scott H.Neal,City Manager
•
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) •
This instrument was acknowledged before me on ,2003 by Nancy Tyra-Lukens
and Scott H.Neal,the Mayor and City Manager,respectively, of the City of Eden Prairie.
Notary Public
STATE OF MINNESOTA )
}ss
HENNEPIN COUNTY )
This instrument was acknowledged before me on , 2003,by Norbert Gemes and Patricia
Gemes the Owners of Lot 1 Block 1,Alpine Estates,Hennepin County,Minnesota..
Notary Public
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CITY COUNCIL AGENDA SECTION: Consent DATE: September
30,2003
SERVICE AREA: ITEM DESCRIPTION: ITEM NO.
Office of the City Manager: Approve Commission Agreements with
Scott Neal Northstar Partners and Mohr Partners,Inc. , &,+
David Lindahl
Requested Council Action:
Move to: Approve the Exclusive Sale/Lease Agreement between the City and Northstar Partners,the
real estate firm representing the City of Eden Prairie.
Move to: Approve the Commission Agreement between the City and Mohr Partners,Inc.,the real
estate brokerage firm representing CH Robinson.
Synopsis:
CH Robinson is considering their long term real estate needs and are exploring several options
including renewing their lease with the City,purchasing a new or existing building to consolidate
their operations in one location, and/or leasing other properties.
Northstar Partners is representing the City in our lease or sale negotiations with CH Robinson.Mohr
Partners is representing CH Robinson. The agreements summarize the services and fees associated with
any future lease or sale transaction between the City and CH Robinson. The standard arrangement in
commercial real estate transactions is for the seller or landlord to pay the real estate brokerage fees, and
the costs are typically factored into the deal.Northstar Partner's fees have been discounted and are:
• Lease renewal $2.00 per square foot
■ Building Sale 1.75%-2.25%of sale price(depending on sale price—see Exhibit A)
Mohr Partners fees,which are consistent with what is paid in this market, are:
• Lease renewal $4.00 per square foot (about$269,000 if renew lease of current space)
• Building sale 3%of the sale price
Background:
The City's current lease to CH Robinson for 67,333 square feet of space in the City Center expires
February 15,2003. CH Robinson is considering their real estate options including possibly renewing
their lease with the City. Negotiations are in progress and staff will forward a recommendation to the
City Council for their consideration in the near future.
Attachments:
Exclusive Sales/Leasing Agreement - Northstar Partners
Commission Agreement - Mohr Partners
116
PPARTNERS
EXCLUSIVE LEASING AGREEMENT
THE UNDERSIGNED ("Owner"), in consideration of the listing for lease of the property
hereafter described and its agreement to use good faith to effect a lease or leases covering said
property, hereby grants to Northstar Partners LLC ("Northstar"), the exclusive right to negotiate
a lease or leases on said property for a period commencing on the date hereof, and ending at
midnight on March 30, 2004. The real property ("Premises") which is the subject of this
Agreement is situated in the City of Eden Prairie, County of Hennepin, State of Minnesota, and
is further described as follows: 8080—8100 Mitchell Road office building.
Owner represents that it has full authority to enter into Lease(s) of the Premises.
NOTICE: THE COMMISSION RATE FOR THE SALE, LEASE, RENTAL OR MANAGEMENT OF REAL
PROPERTY SHALL BE DETERMINED BETWEEN EACH INDIVIDUAL BROKER AND ITS CLIENT.
Owner agrees to pay Northstar a leasing commission specified in the attached Exhibit A to
exclusive sale/leasing agreement. Owner recognizes that any fees due to cooperating outside
broker shall be in addition to fees owed Northstar per this agreement.
Such commission shall be paid to Northstar if:
1. All or any part of Premises is leased to C.H. Robinson, whether by Northstar, Owner, or
by or through anyone else prior to the expiration of this Agreement;
2. C.H. Robinson is procured who is ready, willing and able to lease said Premises on
terms equal to or greater than those set forth herein;
3. Any contract for the lease of said Premises is made directly or indirectly by Owner prior
to the expiration of this Agreement;
4. Within one hundred eighty (180) days after the expiration of this Agreement the
Premises is leased to any person or entity with whom Northstar has negotiated or to
whom said Premises has been submitted by Northstar prior to such expiration in an
effort to lease said Premises or to any other person who has made an affirmative
showing of interest in the Premises during the term of this agreement, provided that '
Northstar shall have submitted to Owner within three (3) days after the expiration of this
agreement a written list of such persons or entities. The protection list shall include the
following language:
IF YOU RELIST WITH ANOTHER BROKER WITHIN THE OVERRIDE PERIOD AND THEN SELL OR
LEASE YOUR PREMISES TO ANYONE WHOSE NAME APPEARS ON THE LIST, YOU COULD BE
LIABLE FOR FULL COMMISSION TO BOTH BROKERS. IF THIS NOTICE IS NOT FULLY
UNDERSTOOD,SEEK COMPETENT ADVICE.
•
A member o(the
otl4„ WAKE
v.4 WAKEFIELD.
I .
ALLIANCE
11100 Wayzata Boulevard,Suite 615,Minnetonka,MN 55305 763-450-3600 Phone 763-450-3601 Fax
PPARTNE RS
If the commission is due as a result of the execution of a lease between Owner and a tenant,
fifty percent (50%) of the commission shall be payable at such time of execution with the
remaining fifty percent (50%) payable upon tenant's taking possession of the Premises. In all
other events the entire commission shall be payable upon the request of Northstar.
If Owner has any "Phase I" or other environmental reports on the Premises, it shall provide
copies to Northstar and shall provide copies to or information contained therein to prospective
tenants.
Northstar represents tenants looking for Premises including properties which may be similar to
the Premises. If a potential tenant represented by Northstar becomes interested in the
Premises, a dual agency will be created. This means that Northstar will owe the same duties to
the potential tenant that it does to the Owner; Northstar cannot act as dual agent unless both
Owner and the potential tenant agree to the dual agency after it is disclosed to each of Owner
and the potential tenant. By agreeing to a possible dual agency, Owner will be giving up the
right of exclusive representation in the proposed transaction. However, if Owner decides not to
agree to a possible dual agency, it may be giving up the opportunity to lease the Premises to
potential tenants represented by Northstar.
IN WITNESS WHEREOF, Owner has executed this Agreement this day of
, 20_.
Accepted by: Accepted by:
OWNER NORTHSTAR PARTNERS LLC
By: By:
Its: Its:
11100 Wayzata Boulevard
Suite 615
Minnetonka, MN 55305
Telephone: 763-450-3600
Fax: 763-450-3601
A rnernber of the
�.0„4 WAKEFIELD
ALLIANCE
11100 Wayzata Boulevard,Suite 615,Minnetonka,MN 55305 763-450-3600 Phone 763-450-3601 Fax
PARTNERS
EXCLUSIVE AGREEMENT
FOR SALE OF PROPERTY
THIS AGREEMENT is entered into this day of , 20_, by and between City of
Eden Prairie, Minnesota ("Owner") and Northstar Partners LLC ("Northstar").
In consideration of the mutual covenants contained herein, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto agree as follows:
Owner hereby employs Northstar and grants to Northstar the exclusive right to negotiate a sale
of 8080 - 8100 Mitchell Road, Eden Prairie, Minnesota to C.H. Robinson ("Property") upon the
terms and conditions hereafter set forth. This Agreement shall apply to all portions of the
Property.
The term of this Agreement ("Term") shall commence on the date hereof and end at midnight
on March 30, 2004.
Northstar hereby accepts said grant and agrees to use its continuing and good faith efforts to
effect a sale of the Property upon the minimum terms and conditions of twenty-one million
dollars ($21,000,000), cash or such other terms as Owner agrees in writing.
NOTICE: THE COMMISSION RATE FOR THE SALE, LEASE, RENTAL OR MANAGEMENT
OF REAL PROPERTY SHALL BE DETERMINED BETWEEN EACH INDIVIDUAL BROKER
AND ITS CLIENT.
It is further agreed that Owner shall pay Northstar a Brokerage fee of(see Exhibit A to Exclusive
Leasing Agreement) for which the Property is sold or exchanged or upon occurrence of any of
the following conditions:
1. The sale, contract for sale, exchange,`or conveyance of the Property during the period of
this Agreement by Northstar or any other person, including but not limited to Owner, or
any other agent or Broker not a party to this Agreement, in accordance with the price,
terms or exchange as set forth herein or as otherwise consented to by Owner.
2. C.H. Robinson is procured, whether by Northstar, Owner or anyone else, who is ready,
willing, and able to purchase the Property at the price and terms set forth above and
Owner refuses to sell.
3. Owner agrees to sell the Property before this contract expires, and Owner refuses to
close the sale.
4. Owner grants an option to purchase the Property, Owner shall pay Northstar a sales
commission in the percentage provided herein based on the price paid for the option and
for any extensions thereof. This commission shall be paid upon receipt by Owner of any
such payments. In the event such option is exercised, whether during the term of this
Agreement, or thereafter, Owner shall also pay Northstar a sales commission on the
gross sales price of the Property in accordance with the provision herein.
A member of the
111111.4
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111/1r1 Wa,nnfn P,,tint/marl Clatom R1 g AAinnnfnnir AAAI rc4Iic 7R2_ARrLRRM Phnn. 7R4.4Fn1-JR/11 PPv
PART'iHNERS
Notwithstanding the foregoing, to the extent that all or part of the price paid for the option
or any extension thereof is applied to the sales price of the Property, then any
commission previously paid by Owner to Northstar on account of such option payments
shall be credited against the commission payable to Northstar on account of the exercise
of the option.
5. Owner contributes or conveys the Property or any interest therein to a partnership, joint
venture or other business entity during the term of this Agreement in lieu of a sale of the
Property during the term of this Agreement and then the commission shall be payable on
the listed gross sales price.
6. Within the "Override Period" (as defined below), Owner enters into any of the
transactions set forth in clauses 1, 4, 6 or-7 above with anyone who has made an
affirmative showing of interest in the Property by responding to an advertisement or by
contacting the Broker or salesperson involved or has been physically shown the
Property by the Broker or salesperson.. It is understood that Northstar shall not seek to
enforce collection of a commission under this Paragraph 8 unless the name of the
prospect is on a written list given to Owner within seventy-two (72) hours after expiration
of this Listing Agreement. The protection list shall include the following language:
7. Property is purchased by C.H. Robinson under provisions negotiated in the lease
renewal in 2003.
IF YOU RELIST WITH ANOTHER BROKER WITHIN THE OVERRIDE PERIOD AND THEN
SELL OR LEASE YOUR PREMISES TO ANYONE WHOSE NAME APPEARS ON THE LIST,
YOU COULD BE LIABLE FOR FULL COMMISSION TO BOTH BROKERS. IF THIS NOTICE
IS NOT FULLY UNDERSTOOD, SEEK COMPETENT ADVICE.
"Gross Sale Price" as used herein shall mean the total amount to be paid or value of other
consideration given for the Property including assumption of existing liabilities or the listed gross
sales price, as the case may be.
"Override Period" shall mean the period of time within one hundred eighty (180) days after the
expiration of the Term.
Northstar is authorized to advertise the Property in whatever manner it deems appropriate and
to contact such other brokers as may, in Northstar judgment, assist in concluding a sale of the
Property. Northstar is further authorized to place signs in and about the Property if, in Northstar
opinion, such would facilitate the leasing or sale of the Property.
OWNER AGREES THAT IT SHALL:
1. Furnish Northstar with pertinent information regarding: (i) the status of established
tenants, including rent rolls which, among other data, set forth lease expirations, (ii) the
environmental status of the Property, including information on wells or septic systems,
above or below ground tanks, and environmental reports which have been performed
with respect to the Property.
A member of the
�`I * WAKEFIELD
or)
5a ALLIANCE
9iinn Wa117afa RnI/Iauafr1 Ciiifc Ric Minnainnfa RAM FF4fF 7R4-dFn_4Rnn Phnna 7R4-AF/1_4R111 Pay
APARTNERS
2. Furnish to Buyer a Title Policy Commitment with proper searches covering bankruptcies
and state and federal judgments and liens, and to execute or cause to be executed a
deed of general warranty conveying a marketable title to the Property to the Buyer and
any further documents as may be required to consummate the sale to Buyer in
accordance with the terms above designated or with the terms to which Owner may
hereafter consent.
3. Forward to Northstar any inquiry of any sort received with regard to the sale of the
Property or any portion thereof.
Owner warrants that it is the record fee Owner of the Property and has the legal authority to
enter into this Agreement. Owner agrees to hold Northstar harmless from any liability,
damages, costs, and expenses arising from any incorrect information supplied by Owner.
Owner does not request Northstar to arrange for closing services. Owner will separately
arrange for its closing services arising out of any lease of the Property.
NORTHSTAR PARTNERS LLC AGREES THAT IT SHALL:
1. Endeavor to procure buyers by all reasonable means available, including direct
solicitation, consultation, and marketing presentations, processing of inquiries received
from any and all sources and advertising.
•
2. Provide Owner with reports detailing the status of the sale program as such times as
Owner shall reasonably request.
•
THE EXPENSES INCURRED BY NORTHSTAR PARTNERS LLC AND OWNER in
performance of this Agreement shall be borne as follows:
1. Signage, staffing and other relative travel and entertainment expense shall be at
Northstar expense.
2. All other expenses, including but not lirriited to, direct expenses such as appraisal fees,
title charges and fees, survey charges and fees, attorneys fees for preparing or
negotiating purchase agreements, marketing tools, advertising, mail campaigns and
environmental reports shall be at Owner's expense.
Northstar warrants that it is a duly licensed broker under the laws of Minnesota and that all
agents and salespersons working for Northstar in connection with the Property are also duly
licensed salespersons and/or brokers under the laws of Minnesota. Northstar further warrants
that it has the legal authority to enter into this Agreement. Northstar agrees to hold Owner
harmless from any liability, damages, costs and expenses arising from any incorrect information
(unless supplied by Owner) given by Northstar to others with respect to the Property.
Northstar represents buyers looking for Property including properties which may be similar to
the Property. If a potential buyer represented by Northstar becomes interested in the Property,
a dual agency will be created. This means that Northstar will owe the same duties to the
potential buyer that it does to the Owner. Northstar cannot act as a dual agent unless both
Owner and the potential buyer agree to the dual agency after it is disclosed to each of Owner
and the potential buyer. By agreeing to a possible dual agency, Owner will be giving up the
right of exclusive representation in the proposed transaction, however, if Owner decides not to
A member of the
• I0III41 4 WAKEF ELD
51 ALLIANCE
��ann inin�.��f�Rruglnvn.71 CnifQuite,RIC AAinnefnnka MAI cFZnc 7R4�Gn_4Rnn Phnnn 7R4�i.n_4Rn?P'nv
Pwk PARTNERS
agree to a possible dual agency, it may be giving up the opportunity to sell the Property to
potential buyers represented by Northstar.
IN WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first
above written.
Accepted by: Accepted by:
(Owner) NORTHSTAR PARTNERS LLC
By By
Its Clinton A. Miller
Its President
Date: Date:
Address:
8080 Mitchell Road 11100 Wayzata Boulevard Suite 615
Eden Prairie, MN 55344 Minnetonka, MN 55305
Telephone: 952-949-8300 Telephone: 763-450-3600
Fax: 952-949-8392 Fax: 763-450-3601
•
•
A member of the
Oa* WAKEFIEALD
5aALLIANCE
l h 9M to/niraafa Prsulmvnrrt Quit=R4r. AAinnafnnka AAAM FF2ng 7R1AR(L2Rnn Ahnnn 7R2_ARn-2Rn9 Fnv
COMMISSION AGREEMENT
The execution and return of this Commission Agreement, dated September 30, 2003, to
the undersigned shall serve as confirmation to Mohr Partners, Inc., for the transaction(s)
between the City of Eden Prairie("Landlord/Sellem") and CIL Robinson Worldwide,Inc.
("Tenant/Buyer") for the Eden Prairie City Center Building located at 8080 — 8100
Mitchell Road in Eden Prairie, Minnesota. All commissions are duly agreed upon as
follows:
�. Leasing Commissions:
Leasing Commission — Mohr Partners, Inc,, shall be entitled to a leasing
commission equal to $4.00 per rentable square foot of leased area upon the
successful completion of a lease agreement between Landlord/Seller and
Tenant/Buyer at the Property. One half will be paid upon execution of the lease
agreement and one half will be paid upon the effective lease commencement date.
2. Sales Commission:
Sales Commission - Mohr Partners, Inc,, shall be entitled to a sales commission
equal to three percent (3%) of the actual sales price payable from the proceeds of
the sale at closing for an acquisition of the Property from Landlord/Seller by
Tenant/Buyer.
Commission Responsibility:
All commissions shall be the responsibility of the LandIord/Seller. The person
executing this Agreement on behalf of the Landlord/Seller hereby represents and
warrants to Mohr Partners, Inc., that such execution has been fully authorized by
all requisite action of Landlord/Seller so that upon such execution this Agreement
will be binding upon and enforceable against Landlord/Seller in accordance with its
terms. If the Landlord/Seller sells or otherwise disposes of the Property containing
the Premises, then in connection therewith the person acquiring or who is a
successor in interest to the Landlord/Seller of the Property assumes the liability for
any current or fixture commission obligation owing under this Agreement.
This Agreement shall:
a. Express the parties' entire agreement on the matters defined above;
b. Supersede all prior understanding between the parties;
c. Be binding upon the parties' lawful heirs, successors, designees and
assigns;
d. Not be altered, supplemented or terminated except in writing and executed
by both parties;and
e. Be valid and earfurceable from the date of execution for a period equal to
the later of Three (3) years from the date hereof or until all Purchase
Options of Tenant/Buyer shall have expired under a lease with option to
purchase type transaction.
The execution and return of this Commission Agreement to the undersigned shall serve as
confirmation to Mohr Partners, Inc., for any transaction as referenced above. All
commissions are duty agreed upon as follows:
AGREED AND ACCEPTED-
MOHR.PARTNERS,INC: CITY OF EDEN PRAIRIE:
Name: Name:
Its: Its:
Date: Date:
Name:
• Its:
Date:
51
CITY COUNCIL AGENDA DATE:
October 7, 2003
SECTION: Consent Calendar
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Engineering Services Amendment of Resolution No.2003-131 v i ,I
Jim Richardson Establishing Amounts to be Assessed for the 2003
Eugene A.Dietz Special Assessment Rolls
Requested Action
Move to: Approve resolution amending Resolution No. 2003-131 which declared costs
to be assessed for the 2003 special assessment rolls.
Synopsis
This amendment provides a corrected Exhibit A that establishes the final amount to be assessed.
It includes special assessment agreements that have been executed since the adoption of
Resolution 2003-131 and corrects errors and omissions from that document. Timely notice of
the correct amounts was given to each property owner.
55
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
RESOLUTION AMENDING EXHIBIT A TO RESOLUTION NO.2003-131
WHICH DECLARED COSTS TO BE ASSESSED
FOR THE 2003 SPECIAL ASSESSMENT ROLLS
WHEREAS, on September 2, 2003, the City Council adopted Resolution No. 2003-131, including
Exhibit A, that established the amount to be assessed in 2003 and set a public hearing date of October 7,
2003 to review and adopt final amounts to be assessed to each property;
WHEREAS, certain special assessment agreements entered into between the City and various property
owners were not included in Resolution No.2003-131;
WHEREAS, during the course of developing final assessment rates, errors in the total amounts to be
assessed have been identified;
WHEREAS, all modifications to final amounts to be assessed are subject to special assessment
agreements, which state that the property owner waives all rights to notice and appeal or are consistent
with previous hearings,notices and feasibility studies; and
WHEREAS,notice of the correct amounts to be assessed have been mailed to affected property owners.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie that:
1. The cost of such improvements to be specially assessed are hereby amended to be those as set
forth in Exhibit A,Amended 2003 Special Assessments,dated October 7,2003.
ADOPTED by the Eden Prairie City Council on October 7,2003.
Nancy Tyra-Lukens,Mayor
ATTEST SEAL
Kathleen A.Porta,City Clerk
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar October 7,2003
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.:
Contract Amendment No. 2 Tir T.
Robert A. Lambert 1kt- Professional Services Agreement
Director of Parks&Recreation —Purgatory Creek Recreation Area
Requested Action
Motion: Move to approve Contract Amendment No. 2;Professional Services Agreement—
Purgatory Creek Recreation Area;Phase II Additional In-Construction Services as
per the agreement dated September 30, 2003.
Synopsis
Contract Amendment No. 2 with SRF Consulting Group, Inc. is for additional services for the
Purgatory Creek Recreation Area project including extension of the in-construction services to
June of 2004 and construction drawings for the Jean Harris Memorial Bridge as well as site visits
during the construction to assure conformance to plans and specifications.
The estimated cost for the increased fee is an additional total of$38,792.
Attachment: Contract Amendment No. 2
RAL:bju
5S
WTI
CONSULTING GROUP , INC .
Transportation•Civil■Structural■Environmental ■Planning•Traffic■Landscape Architecture■Parking
October 1,2003 SRF No. 0024301
Mr. Robert Lambert
Director of Parks and Recreation
CITY OF EDEN PRAIRIE
8080 Mitchell Road
Eden Prairie,MN 55344-2230
Dear Mr.Lambert:
•
SUBJECT: CONTRACT AMENDMENT No.2
PROFESSIONAL SERVICES AGREEMENT
PURGATORY CREEK RECREATION AREA-PHASE II
HARRIS TRIBUTE MEMORIAL BRIDGE DESIGN AND
ADDITIONAL IN-CONSTRUCTION SERVICES
This contract is a request for additional services for the above referenced project. This proposed
contract amendment revises the terms of the agreement between the City of Eden Prairie and
SRF Consulting Group, Inc. (SRF)executed on March 20, 3003.
•
BACKGROUND AND ASSUMPTIONS
This contract amendment will provide two specific consultant tasks,including:
A. Construction Drawings for the Harris Tribute Memorial Bridge
B. Additional In-construction Services
A summary of each follows.
A. Construction Drawings for the Harris Tribute Memorial Bridge
1. Conduct Harris Tribute Memorial Bridge kick off meeting with the City and the artist
to affirm the design intent.
- Prepare Plans and Special Provisions for Pedestrian Bridge approximately 12-feet
wide by 45-feet long.
2. Coordinate and review with artist on material types and colors.
3. Provide bridge plan sheets and special provisions to Barr to include in plan set for
bidding.
- Bridge shall be in conformance with October 24, 2002 Bridge Concept developed
by Teri Kwant. (Assumes the bridge will be supported with steel plate girders.)
One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443
Telephone (763) 475-0010 • Fax (763) 475-2429 • http://www.srfconsulting.com
An Equal Opportunity Employer
51
Mr. Robert Lambert,Director of Parks and Recreation October 1,2003
City of Eden Prairie Page 2
- The bridge will be designed using AASHTO specifications with a live load of
85 PSF and/or 10,000 lb maintenance vehicle,whichever is greater.
4. Review final plans with the City and artist to assure conformance of plans with intent
•
of concept plans.
5. Assist the City with questions during the bidding process.
6. Review all shop plans from fabricators.
7. Make three (3) site visits during construction to assure conformance to plans and
specs.
Fees to complete the above bridge design tasks shall not exceed $16,500, including artist
consultation.
Services by Barr and/or Project Assumptions
• All geotechnical work is completed. Allowable load plate loads and lengths will be
provided by the geotechnical company.
• Barr establishes the bottom of structure elevation based on weir flow and debris
requirements.
• Barr will adjust the trail grade as necessary to account for revised structure depth.
• Barr will adjust the weir structure plans to host revised bridge plans. SRF will supply
Barr with the information on the width and height requirements and revised loads,
and/or pile length requirements.
• Barr will provide all construction observation and administration requirements during
the construction phase, unless otherwise noted above.
• Assumes that no lighting or electrical will be provided for the bridge.
B. Additional In-Construction Services
Construction for. Phase II improvements at Purgatory Creek Park will be approximately
25 to 30 percent complete by the end of September. It is expected that 60 to 70 percent of
the project will be completed by the end of this construction season. The original
completion date for the project was scheduled to be completed by December 1, 2003.
Based on construction completed to date, it is unlikely that construction in the park will be
completed this year and will need to be extended into June 2004. SRF is under contract to
the City to provide construction services through November of this year. Due to the
increased amount of shop drawing submittal reviews and written documentation requested
by the contractor, our contract amount will be exceeded by the end of September. The
following additional services are requested to complete Phase II improvements in the park
through June 2004:
Mr.Robert Lambert,Director of Parks and Recreation October 1,2003
City of Eden Prairie Page 3
• Periodic site inspections and documentation (1-2 times per week)
• Review and response to contractor request for information submittals
• Shop drawing and material submittal review and approval
• Geotechnical testing report review and approval
Fees for the additional In-constriction Services shall not exceed$22,292.
CONTRACT ELEMENTS TO BE AMENDED
This amendment will remain consistent with the provisions of the March 20, 2003 agreement
with the exception of the following:
1. Price: The Owner agrees to pay the consultant an increased fee of $38,792 for
construction services and a total fee not to exceed the sum of$135,461 as full and complete
payment for the labor,materials and services rendered pursuant to the agreement.
2. Completion: The Consultant shall complete all services by June 30, 2004.
NOTICE TO PROCEED
A signed copy of this proposal, either mailed or faxed to our office will serve as our Notice to
Proceed. We sincerely appreciate the opportunity to continue assisting the City of Eden Prairie
on this exciting project. Please feel free to contact us if you have any questions or need
additional information.
Sincerely,
SRF CONSULTING GROUP,INC. APPROVED: .
(signature)
Barr arner,FASLA,AICP
Senio ice President Name
BJW/dcw Title
Attachment/Enclosure Date
cc: Letty Nelson, SRF Consulting Group,Inc.
Project File
H:\Arch\4301\DOC\RLamber Contract Amend 2 31903 BJW.doc
6f
-11-L75d Cc-f _ (o +-er ' ,` f
-/
CITY COUNCIL AGENDA DATE:
October 7,2003
SECTION: Public Hearing
SERVICE ITEM DESCRIPTION: ITEM NO.:
AREA/DIVISION: Special Assessment Hearing for the Approval of
Engineering Division the 2003 Special Assessments
Jim Richardson (Published 09/18/03) j • , `
Requested Action •
.
Move to:
1. Close the public hearing
2. Adopt the resolution approving all Special Assessments presented in the fall of 2003.
Synopsis
Each year, the City Council holds a public hearing to consider levying the special assessments that have been
identified over the previous 12 months. This year, the council will address two projects and a list of
supplemental assessments for such things as trunk and lateral exclusions and trunk utility assessments.
Background Information
See the attached list of projects that the Council will be asked to approve for levying special assessments for
collection with property taxes. The total amount proposed to be assessed in 2003 is $5,964,708.65.
Attachments
List of projects to be approved.
7—
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed
upon all objections in the proposed assessments for the following improvements to wit:
(See Exhibit A attached)
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie:
1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the
final assessment rolls, and each tract of land therein included is hereby found to be benefited by the improvement
in the amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on
Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if
the entire assessment is paid on or before November 30, 2003. To the first installment shall be added interest on
the entire assessment from November 1, 2003 until December 31, 2004. To each subsequent installment when
due shall be added interest for one year on all unpaid installments.
3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on
the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as
other municipal taxes beginning in 2004.
4. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of
this improvement paid for from municipal funds by levying additional assessments, on notice and hearings as
provided for the assessments being made, upon any properties abutting on the improvements but not herein
assessed for the improvement when changed conditions relating to such properties make such assessment feasible.
5. The assessment data of Resolution No.2003-131 is herein revised in accordance with Exhibit A attached hereto.
APPROVED on October 7,2003.
Nancy Tyra-Lukens,Mayor
ATTEST: SEAL
•
Kathleen A.Porta,City Clerk
1. I.C.52-204
6 fl
1. LC.52-204
Sanitary Sewer and water utilities along Flying Cloud Drive Project Cost: $ 1,055,649.12
and Pioneer Trail to serve the MAC properties and the Previously Assessed: $ -0-
property north of Pioneer Trail south of Purgatory Creek. City Share: $ 122,277.60
City Share Oversizing: $ 19,825.00
Net Assessment: $ 911,597.12
Front Foot=$100.64 5 Years at 6.0%
Parcel PID# Property Owner Legal Description 2003 Deferred 2008
$Amount $Amount $Amount
27-116-22-43-0002 Int'l Disposal Corp 98,627.20 -0-
27-116-22-13-0005 MAC 109,194.40 -0-
27-116-22-33-0004 MAC 330,401.12 -0-
27-116-22-24-0001 MAC 150,456.80 -0-
27-116-22-13-0004 MAC 61,390.40 -0-
27-116-22-13-0003 Moen Leuer 68,435.20 -0-
27-116-22-12-0006 Moen Leuer 18,115.20 -0-
27-116-22-12-0003 Sterling Fence 35,425.28 -0-
27-116-22-13-0001 Moen Leuer 24,958.72 -0-
27-116-22-13-0002 Moen Leuer 14,592.80 -0-
2. I.C.98-5474
Sanitary Sewer,water and storm sewer utilities to serve the Project Cost: $ 1,140,780.97
Maplewood Park, Crestwood 73 and Crestwood 89 Previously Assessed: $ -0-
neighborhoods. City Share: $ 379,590.07
County Share: $ -0-
Platted Homesteaded Lots=$ 9,832.00/lot Net Assessment: $ 761,118.90
Unplatted Lots= $14,781.60/lot
Streets to platted lots assessed in 2002 20 Years at 6.5%
Parcel PID# Property Owner Legal Description 2003 Deferred 2008
$Amount $Amount $Amount
30-116-22-13-0001 James Korman 9,832.00
30-116-22-13-0002 Pierre Jean Laupies 9,832.00
30-116-22-13-0031 William Dupont 9,832.00
30-116-22-13-0032 William Dupont 25,989.88
30-116-22-13-0033 Mathew Haley 25,989.88
30-116-22-13-0004 Benjamin Walker II 9,832.00
30-116-22-13-0005 Mathew Haley 9,832.00
30-116-22-13-0006 Kerry Shore 9,832.00
30-116-22-13-0007 Donald Rassmossesn 9,832.00
30-116-22-13-0010 Gregory Brown 9,832.00
30-116-22-24-0002 Walter Bentz 9,832.00
30-116-22-24-0003 David Dirkswager 9,832.00
30-116-22-13-0021 Bert Skatrud 9,832.00
30-116-22-13-0023 Steve Rasmussen 9,832.00
30-116-22-13-0014 Earl Hacking 9,832.00
30-116-22-13-0015 Sean Flaten 9,832.00
F3 U °f ',N r-0 Delbcr.1 animer5ewi 41 jt' L .0ja a ' - {9,032 001 ,t__'_t .gt a:_�-? - , . -z r.= 1-4._
30-116-22-42-0009 Daniel Schubert 9,832.00
30-116-22-42-0003 Gary Chambers 9,832.00
30-116-22-42-0010 Mark Bonk 9,832.00
30-116-22-42-0004 Jay Luehmann 9,832.00
30-116-22-42-0015 Dennis Anderson 9,832.00
30-116-22-42-0018 Jeffrey Broberg 9,832.00
30-116-22-42-0022 Todd Toepke 9,832.00
30-116-22-21-0011 S.Hohag 13,061.80
30-116-22-24-0064 R.Zach 13,061.73
30-116-22-24-0065 J.Reed 13,061.67
30-116-22-24-0066 JM Semier Bldg Corp 13,061.67
30-116-22-24-0067 Klingelhutz Bldg 13,061.67
30-116-22-24-0068 Klingelhutz Bldg 13,061.67
30-116-22-24-0069 Knob Hill Homes 25,989.88
30-116-22-24-0070 T.Kerns 25,989.88
30-116-22-24-0071 Knob Hill Homes 25,989.88
30-116-22-24-0072 Ray Welter,Jr 25,989.88
30-116-22-12-0006 Stonegate 4,806.12
30-116-22-13-0029 Randall Weber 57,068.48
30-116-22-13-0018 City of Eden Prairie 67,137.93
30-116-22-41-0002 George Marshall 165,472.48 9,832.00
30-116-22-12-0004 Todd Ingram 4,005.10
30-116-22-12-0003 Stnegate 4,005.10
30-116-22-12-0005 Stonegate 6,408.16
30-116-22-21-0008 Stonegate 801.02
30-116-22-21-0009 Catherine Compton 400.51
30-116-22-21-0006 Robert Konduth 400.51
3. I.C.99-5484
Street and utility improvements on Eden Prairie Road and Project Cost: $ 7,191,370.39
MAC/Charlson Properties south of Pioneer Trail. Previously Paid(MAC): $ 2,895,322.80
Interest: $ 243,076.00
• City Share(Park): $ 869,421.05
City Share Oversizing: $ 58,814.82
Net Assessment Levy: $ 3,124,735.72
Acreage Rate=$17,537.91/Ac. 20 Years at 6.0%
Parcel PID# Property Owner Legal Description 2003 Deferred 2008
$Amount $Amount $Amount
28-116-22-44-0002 Henn.Village III 238,572.77 -0-
28-116-22-23-0006 Henn.Village I 347,422.07 -0-
28-116-22-31-0003 Henn.Village II 373,957.49 -0-
28-116-22-42-0006 Henn.Village III 915,551.09 -0-
28-116-22-34-0002 Henn.Village II 203,437.46 -0-
28-116-22-32-0005 Standal 120,761.53 -0-
28-116-22-32-0004 Standal 60,380.76 -0-
21-116-22-33-0003 Grace Church 864,652.55 -0-
5
4. I.C.03-5590
Traffic Signal on Technology Drive at Southwest Station Project Cost: $ 209,800.00
Previously Assessed: $ -0-
City Share: $ -0-
Net Assessment: $ 209,800.00
Agreement 5 Years at 6.0%
Parcel PID# Property Owner Legal Description 2003 Deferred 2008
$Amount $Amount $Amount
15-116-22-11-0008 Glazed Investments 29,581.80 -0-
15-116-22-11-0009 NAP Southwest Station 58,953.80 -0-
15-116-22-11-0010 NAP Southwest Station 89,794.40 -0-
15-116-22-11-0011 R&S Financial,Inc. 31,470.00 -0-
Supplementals
Think Sewer and Water PM# YEARSI% Amount
The Cove 2"d Addition 02-116-22-34-0001 &0002 5 Year 6.0% 5,075.55
The Bluffs at Purgatory Creek 04-116-22-33-0004 5 Year 6.0% 10,379.00
The Enclave 2"d Addition 20-116-22-31-0001 5 Year 6.0% 25,305.50
Meyer Estates 20-116-22-42-0084 10 Year 6.0% 5,632.50
Paal 20-116-22-43-0008 20 Year 6.0% 520.00
Lake Point 22-116-22-22-0001 &0002 5 Year 6.0% 29,954.00
i .«�.,,_._. »r:»:»,!, I .,"9 u. h., : ,. !.< 1 :".,.. .�4,r ...,:::.;._.:.:.;; �I :F::!,�:':.p�:5nm „n.. •:n�l!r..,:. »r!p;•�r��-:::k_-:<,. :.,;�. `_:1 g �.I �:±,';,ur�l h y.P_.»!::r.,, :If :d . n hl: 1 1:,,,.,,4.:!41-,..I
. ,>�. , .,.,�!), :,.,,,,,_x,!. : :z=-:»•=,llmu, r+ - _ _- ± FnO s..;rR. Lz�±+lF�N. arw�+_ i' _�_r,C 'R�I,+4rvht__},�: :,i
Williamsa ,Plctr::.P :,,._� I , !,I±2 �,,7Z 32 O(01s:!00 _Q009::::[ 11 _+ Ye . ;_paid'::;_ ___»,;] 6'7Sd_:
,Cir�i u�!,� .a���±�,F:!a :�I. .L IVr?�k,-���!>� .,� „a:a...�rU�i,4„a .�.a�!,.! �,,:�.._�4.. �.r. .n :,� -�:�.�..n s, _:.�((,�.,�;.!L -.,:� ..::,:,,e rye,P,, .I.'t �j_ �!_���!._.. ,i_=_ - ,,:i.�r_�__ f
. ,,.,,?.u._:_.�K��� � ��.I �I4 .:��,�: -�_11_h,.__ ;.-, -d, -�_�. 4. .,_:- �r.y _ __.� IL.� - ,,L.�.. `�-' i __ __ �4iir-•: =iirTr.]Y!?!1_.�v..
n. _.._ : ,l!._ ._..x¢€-_ ..4 -., ..,_,ew. -..__._<.._a_»._�.._,._..._s... ..,.r_.,,z...r;:t.5.._. .._,.:., :_nn,,m.„_ .al - ii:ax'_�`,: t,,:::
_� !i .i.M� �. r.._ ,,..,:__._,....: ul�#__. >__�' i ..!„-,_..__.±_n...__...__._. �h._.,. _.., ..�._ ,..___,... �e,:�,,.,L� __ _ .,f•�din��:-:»:::-n�It.
,_,k_ _». �,a€�`� ��_... �,, .r.., __»..� . ._.._ �-. ---'� �.:_...__rs_..----..__,-,_,�.,,�!.:,w._.:,:.,o-I_, .a...,._.__.,.i�.:, t.,.,..,,:- _!.!.:,,.,........:!..!.,.n,:!,: : - ..it!!�r#-:__ ,
--i4..3..::,..r__.:1..._.._..!�.�._:__.�:: ..h,:,.�__.>v..__.:._!I__a.4:ay.»,-_-,_,_�L _U���� �.! ... ._...__..__.,i_:..,I_... :.-__3-._.E_!_......:.ulal.a�, ,,.,._...:.,:..L.r;,�a�.�lr..�,e�=:_;;f.�.....:..�:...,�.:..........:..........�. li,^,�s!!!-_�-I!:.i.....__....w'aF�;,
BFI 27-116-22-43-0002 5 Year 6.0% 111,100.00
Hennepin Village 2"d Addition 28-116-22-31-0003 5 Year 6.0% 182,756.00
28-116-22-34-0002
.� _.:acn :. :�,.:.cc!E,� IJ!.,!:.:.,in,:,c:;.,.N:!,_i�.:::�:.tl^::�:., k... ..:,,;:-nc i'p,:�:,n,..� � 4i:m,yF..�a:�:e.:.iII:G:, ,,:��
-,., >�. ..� �, . . ,::,�_ar.l!la,J,L::�-,:,�. �.:;:il,!..»�!_.!�::f._,.;,.,,;.,i!:::.:.9-,:a:�: ,Gi. ..,,..,........t'..± i:.! .:! .i,. .. .:.:.,. ,.,,i,i.�:,!f,q<:,r,,.,...,,;�: �:,::....
Hennepin Village 8� ,�,, -�2K.�,O(���I� !,lalrw �i��lii!��!I,i��l�l,!���: I�i.��,!,j� ��:�,a�eatrl��O�a���I�'adt�i,lY�ilui;,�IV!,� 1.��,`��3_:�a
Ponds Edge 30-116-22-12-0002 5 Year 6.0% 21,560.50
Ingram Property 30-116-22-12-0004 5 Year 6.0% 27,2 -6.50
Crestwood Trunk Sewer&Water: 30-116-22-13-0001 20 Year 6.5% 520.00
30-116-22-13-0002 20 Year 6.5% 520.00
30-116-22-13-0004 20 Year 6.5% 520.00
30-116-22-13-0005 20 Year 6.5% 520.00
30-116-22-13-0006 20 Year 6.5% 520.00
30-116-22-13-0007 20 Year 6.5% 520.00
30-116-22-13-0010 20 Year 6.5% 520.00
30-116-22-24-0002 20 Year 6.5% 520.00
30-116-22-24-0003 20 Year 6.5% 520.00
30-116-22-13-0021 20 Year 6.5% 520.00
30-116-22-13-0023 20 Year 6.5% 520.00
30-116-22-13-0014 20 Year 6.5% 520.00
30-116-22-13-0015 20 Year 6.5% 520.00
tri T`fi'k[ �� I�.!I I' 1 �°'[� 'i I I n iw q r.�-:: �yr.�n�hry r r -� ,
37,1- 0. 0.�'�;M: ;==M!� 1� , ' = E T20 ' ar ,�==. rea d. �'» .`��fi! ���5. 99
30-116-22-42-0009 20 Year 6.5% 520.00
30-116-22-42-0003 • 20 Year 6.5% 520.00
30-116-22-42-0010 20 Year 6.5% 520.00
30-116-22-42-0004 20 Year 6.5% 520.00
30-116-22-42-0015 20 Year 6.5% 520.00
30-116-22-42-0018 20 Year 6.5% 520.00
30-116-22-42-0022 20 Year 6.5% 520.00
City&Metro SAC &WAC
Foster 06-116-22-32-0026 5 Year 6.0% 2,190.00
Connection Fee
The Cove 2"a Addition 02-116-22-34-0001 &0002 8 Year 6.0% 8,115.00
Lorence 3'ti Addition 08-116-22-23-0016 13 Year 6.0% 13,525.00
Paal 20-116-22-43-0008 20 Year 6.0% 13,525.00
Meyer Estates (10 yrs) 20-116-22-42-0084 10 Year 6.0% 27,050.00
Exclusions Trunk Sewer &Water
IC 94-5360 Golden Ridge
01-116-22-32-0018 Francher 15 Year 8.0% 300.00
IC 96-5406 Highview
30-116-22-22-0018 Gjervold 17 Year 8.5% 520.00
30-116-22-22-0032 Title 17 Year 8.5% 520.00
30-116-22-23-0003 Knauer 17 Year 8.5% 520.00
IC 99-5491 Cedar Forest
29-116-22-21-0020 Schafer 18 Year 8.5% 520.00
29-116-22-21-0010 Piatt 18 Year 8.5% 520.00
29-116-22-21-0019 Hagberg 18 Year 8.5% 520.00
Exclusions Lateral Sewer &
Water
IC 94-5360 Golden Ridge
01-116-22-32-0018 • Francher 15 Year 8.0% 2,713.00
IC 96-5406 Highview
30-116-22-22-0018 Gjervold 17 Year 8.5% 9,881.49
30-116-22-22-0032 Title 17 Year 8.5% 16,900.00
30-116-22-23-0003 Knauer 17 Year 8.5% 9,881.49
IC 99-5491 Cedar Forest
29-116-22-21-0001 Anderson 18 Year 8.5% 8,080.00
29-116-22-21-0010 Piatt 18 Year 8.5% 8,080.00
29-116-22-21-0019 • •• . • Hagberg;.• •• 18 Year 8.5% 8,080.00
29-116-22-21-0020 Schafer 18 Year 8.5% 8,080.00
Tall Grass
:_ter: - v. .,_...,,..,,.._.. .. .:Ir�::q;',!i�-�:m p r .rry:;r.qt--:n.p:'-. I .,,r..,i,q ._r_r.__..v.....:r _-.-�-n anr..r�r a - - - - - -- - -
.i I r : rr. i Ir:rl .!I. .: : I III r� I I:I v.r.I 4.4n,L^Ar .:I':v ��;vl-v�F .: 1 I.li�i�.��I:•�4n.jl�r::;4 1'v.li5irl-�i';:.r. .......vr.II':rlill'L.,�..,r..v... r: ' [ ?,yr r,:.:9�:e:,1ly '1.r:�� cr_�::=-._:�
q., l!,_: ?{I_M,rr4:4.r l!II 1:���1(L�41is �, Ju__Ir! rIII:LI ltlel1. �I,, I r,lll:t7�•_.Jt rF.�Ld. I 91.f!d.,•rd,l llrrrl..,lmi.lr.:! .,1,:.! �1I
.j ryE J.I v.__.r !dry , u J��y: L Ir y d,.,.._.._�. _;�r.:_.=;;y I •II „i I.J,.,�I I r I 1 I.r�I .�
Ik��!1� :'I 1 'Ir�.�_ �.yl��.,�,��l���lh�?; lifl:hi, - rt,�!'..C1ifl' �✓��� .1J1.W. �,11�,�+1.-.r,i t_ti�a,�;:,_I, II�L�...��1. ry� 1-.!-:-r.i� :r� �. rl� _ t n„�,.;ri,L..�.�r..��ll �"'f•,,-�i"a��l3du �i _. � r.Il.:._:.GIs_i.ralxdl,.rr�Lt°:kahli.:,;e!I._a�....._.� .�..__� 1...._�4,.Gu..1�„��.I,.,Ir I,���iil�:;l, ;m; n!�Il�tn�.�.,�,rr:,�,.,.11�n�,���n 6��ra�.11llr��.:;l:u!,alkv�16111tr:rtllle..,ln_.��� :.
35-116-22-21-0122 Lankka-Jarvis, Inc. 1 Year 6.0% 213.00
Special Assessment Agreements
04-116-22-33-0004 Bluffs of Purgatory Creek 20 Year 6.0% 17,808.00
10-116-22-44-0010 Prairieview Retail LLC 10 Year 6.0% • 47,400.00
Deferred
14-116-22-12-0034 Ring Road 5 Year 6.0% 42,641.56
20-116-22-31-0001 Cedar Forest 20 Year 8.5% 8,029.41.
29-116-22-44-0022 Green Acres/Charlson 5 Years 6.0% 985.60
CITY COUNCIL AGENDA
DATE: 10/07/03
SECTION: Public Hearings
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Management and Budget/Planning
Scott H.Neal Eagle Ridge at Hennepin Village y I I E
Michael D. Franzen
Requested Action
• Close the Public Hearing; and
• Adopt the Resolution for PUD Concept Review on 151.43 acres; and
• Approve 1st Reading of the Ordinance for PUD District Review on 64.9 acres and Zoning
District Amendment within the R1-9.5 district on 16.9 acres, and within the RM-6.5 district
on 48 acres, and
• Adopt the Resolution for Preliminary Plat of 12.1 acres into 84 lots and road right-of-way;
and
• Direct Staff to prepare a Developer's Agreement incorporating Staff and Board
recommendations and Council conditions; and
Synopsis
There are three amendments to the approved plan. See plan sheets labeled"Current Approved
Preliminary Plat" and"Proposed Revised Site Plan". These are the last two plan sheets.
• Revision 1 —Townhouses
The approved plan for this area is 46 townhouses. The proposed plan is 52 townhouses.
The approved units are 4,570 sf. The proposed units are 4,191 sf. The architecture is
similar. The density of the 48 acre area zoned RM 6.5 area increases from 7.2 to 7.33
units per acre.
• Revision Two—Single Family
The approved plan is 32 single family homes. The proposed plan is 32 single family
homes. This revision creates better circulation and reduces the number of stairs to the
front doors. The architecture is the same.
• Revision 3—Office
This is a change in the concept plan. The building sizes are the same but in a different
shape. This change is created by moving the access point off Pincherry Lane to the south
and creating an internal connection between the parking lots.
The changes to the approved plan are consistent with the intent and purpose of the approved
planned unit development.
6g
Community PIanning Board Recommendation
The C ommunity Planning B oard voted 7-0 t o recommend approval o f t he project t o the City
Council at the September 22,2003 meeting.
Background
Waivers from the City Code are for density, lot size, lot dimensions and setbacks. These waivers
are consistent with the approved planned unit development. The plan results in a more creative
and efficient approach to the use of land. Reasons for considering the waivers are unified
"historic"architectural theme and71 acres of dedicated open space
Liatris Lane was approved as a private road with an easement to allow public access for
pedestrians and cars. Prior to City Council approval there was discussion regarding whether or
not, Liatris Lane should be a public street rather than a private street with an easement for public
access to the scenic overlook to insure the long term viability of public access to the overlook.
Residents at the public hearing stated that it would be too easy to vacate an easement and that a
public street is permanent.
Current with the review of this project staff has discussed the question again and recommends
that Liatris Lane remain a private street with public access easements for the following reasons.
1. The process to vacate an easement or a public right of way is the same. A public hearing
is required,published in the official newspaper and written notice sent to adjacent
property owners, followed by an affirmative vote by the City Council.
2. Those that would be concerned about the permanency of access to the overlook should
take comfort in the priority and prominence that the bluff feature plays in the Parks and
Open Space Plan,the emphasis that the City Council and staff place on trail systems in
both the development review process and budgeting process and the importance of
recreational opportunities to our residents. The character of Eden Prairie has been
established through a 40 year process and it is unlikely that these core values will
undergo radical change.
3. The concept and approval process for Hennepin Village has been a multi-year endeavor
that has involved countless hours of negotiation, design,public hearings and investment
by the developer. The result of these efforts has been a mutually acceptable compromise
that results in housing styles and opportunities that depend on the concept of a private
street system that enables smaller setbacks and accompanying streetscapes that are geared
towards private maintenance—especially with regard to snow plowing.
4. To convert Liatris Lane to a public street has significant implications to the approved
development—not just to properties adjacent to Liatris,but on adjacent streets either to
convert additional private streets to public to provide a looped system or to develop a cul-
de-sac design. The result would be loss of units and impact the economic feasibility of
the project. The developer's agreement is a contract and we could not expect to make
unilateral changes to the subdivision. The alternative—leaving the current design intact
and merely converting Liatris to a public street—would subject the City to a significant
change in service level for this one neighborhood forever.
661
Attachments
1. Resolution for PUD Concept
2. Resolution for Preliminary Plat
3. Staff Report dated September 19,2003
4. Community PlRnning Board minutes dated September 22, 2003
76
EAGLE RIDGE AT HENNEPIN VILLAGE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
RESOLUTION NO. 2003-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF EAGLE RIDGE AT HENNEPIN VILLAGE
FOR PEMTOM LAND COMPANY
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 September
8, 2003 on Eagle Ridge at Hennepin Village by Pemtom Land Company 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 October 7, 2003.
NOW, THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Eagle Ridge at Hennepin Village,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 October 7, 2003.
3. That the PUD Concept meets the recommendations of the Community Planning
Board dated September 8, 2003.
ADOPTED by the City Council of the City of Eden Prairie this 7th day of October, 2003.
Nancy Tyra-Lukens, Mayor
Kathleen A. Porta, City Clerk
71
EXHIBIT A
PUD Concept-Hennepin Village 2nd Addition
(Site C):
That part of Tract D, Registered Land Survey No. 1667, Files of the Registrar of
Titles, Hennepin County Minnesota, lying southeasterly of the centerline of Hennepin
County Road No. 4, except that part of said Tract D which lies northerly of a line
described as beginning at a point on the east line of said Tract D distant 993.17 feet
south of the northeast corner thereof; thence Northwesterly at an angle of 72 degrees 05
minutes 32 seconds as measured from north to west a distance of 2181.78 feet; thence
northwesterly along a tangential curve concave to the northeast, having a radius of
620.00 feet, a distance of 472.68 feet more or less to the north line of said Tract D
distant 777.71 feet west of the center quarter corner of Section 28, Township 116,
Range 22, and said line there terminating. (Now known as Tracts A and B of
Registered Land Survey No. 1730.)
(Site D):
Tract A, RLS No. 1629,Files of the Registrar of Title,Hennepin County,Minnesota.
Together with an easement for road and utility purposes over a strip of land 60 feet in
width, being 30 feet on each side of the following described center line, to-wit:
Beginning at a point in the North line of the above described tract, distant 74 feet East
of the northwest corner thereof; thence North 2 degrees 49 minutes East, 98.5 feet;
thence North 00 degrees 6 minutes West, 146.85 feet; thence North 3 degrees 10
minutes West, 179.9 feet; thence North 6 degrees 16 minutes West, 89.5 feet; thence
North 1 degree 31 minutes 30 seconds East to the southerly line of County Road 4 and
there terminating.
PARCEL 5:
That part of Tract D, RLS No. 1667, Files of the Registrar of Titles, Hennepin County
Minnesota, lying northwesterly of the centerline of Hennepin County Road No. 4,
except that part lying southerly and southwesterly of the following described line;
Commencing at the northwest corner of said Tract D; thence on a assumed bearing of
South, along the west line of said Tract D, a distance of 522.70 feet to the point of
beginning of the line to be described; thence North 68 degrees 07 minutes 41 seconds
East, a distance of 81.85 feet; thence South 53 degrees 05 minutes 30 seconds East, to
the southerly line of said Tract D and said line there terminating. (Now known as the
plat of HENNEPIN VILLAGE)
PARCEL 6:
That part of the South One Half of the South One Half of the Northwest Quarter of
Section 28, Township 116, Range 22, lying westerly of the Center line of Hennepin
County Road No. 4, which lies northerly and westerly of the following described line;
Beginning at a point in the centerline of County Road No. 4, from which a line drawn
perpendicular to said centerline in a northwesterly direction would intersect the east line
of the Southwest Quarter of the Northwest Quarter of said Section 28 at a point 150 feet
North of the southeast corner of said Southwest Quarter of the Northwest Quarter of
said Section 28; thence northwesterly from said point of beginning along said
perpendicular line for a distance of 240.51 feet; thence southwesterly parallel to the
center line of said Hennepin County Road No. 4 for a distance of 489.45 feet more or
less to the south line of said Northwest quarter of said Section 28 and there
terminating. Excepting that portion lying northerly of the following describe line;
Commencing at the northwest corner of said South One Half of the South One Half of
the Northwest Quarter of Said Section 28; thence easterly along the north line thereof, a
distance of 299.16 feet to the point of beginning of the line to be described; thence
easterly, deflecting to the right 03 degrees 25 minutes 15 seconds, a distance of
1443.72 feet to the centerline of said Hennepin County Road No. 4 and said line there
terminating. (Now known as the plat of HENNEPIN VILLAGE)
PARCEL 7:
That part of the South 1/2 of the South 1/2 of the Northwest Quarter of Section 28,
Township 116, Range 22 lying Easterly of the center line of Hennepin County Road
No. 4 and Westerly of the following described line; Commencing at the Southeast
corner of the Northwest Quarter of said Section 28; thence Westerly along the South
line of said Northwest Quarter a distance of 890.50 feet to the point of beginning of the
line to be described; thence deflecting to the right 80 degrees 30 minutes a distance of
419.8 feet more or less to the centerline of County Road No. 4 and there terminating,
except that part lying Westerly of the following described line: Commencing at the
Southeast corner of the Northwest Quarter of said Section 28; thence Westerly along
the South line of said Northwest Quarter a distance of 1023.50 feet to the point of
beginning of the line to be described; thence deflecting to the right 80 degrees 30
minutes a distance of 313.63 feet more or less to the centerline of County Road No. 4
and there terminating, Hennepin County, Minnesota.
PARCEL 8:
That part of the South 1/2 of the South 1/2 of the Northwest Quarter of Section 28,
Township 116, Range 22 lying Easterly of the center line of Hennepin County Road
No. 4 and Westerly of the following described line; Commencing at the Southeast
corner of the Northwest Quarter of said Section 28; thence Westerly along the South
line of said Northwest Quarter a distance of 1023.50 feet to the point of beginning of
the line to be described; thence deflecting to the right 80 degrees 30 minutes a distance
of 313.63 feet, more or less, to the centerline of County Road No. 4 and there
terminating, Hennepin County, Minnesota.
PARCEL 9:
That part of the South Half of the South Half of the Northwest Quarter of Section 28,
Township 116, Range 22,Hennepin County,Minnesota, described as follows:
73
Beginning at the Southeast corner of said Northwest Quarter; thence West along the
South line thereof a distance of 890.50 feet; thence Northwesterly deflecting right 80
degrees 30 minutes to the centerline of County Road No. 4; thence Northerly along said
centerline to the North line of said South Half of the South Half of the Northwest
Quarter; thence East along the North line thereof to the Northeast corner thereof;
thence South along the East line of said Northwest Quarter to the point of beginning,
which lies westerly of the following described line: commencing at the Southeast
corner of said Northwest Quarter; thence West along the South line thereof for a
distance of 809.39 feet; thence Northwesterly deflecting to the right 80 degrees 30
minutes for a distance of 673.60 feet to the North line of said South Half of the South
Half of the Northwest Quarter and being the point of beginning of the line to be
described; thence Southeasterly deflecting right 180 degrees a distance of 484.49 feet;
thence Southeasterly along a tangential curve concave to the Northeast having a radius
of 620 feet, a distance of 197.66 feet to the South line of said Northwest Quarter and
there terminating.
PARCEL 10:
That part of the Southeast Quarter of Section 28, Township 116,Range 22,Hennepin
County,Minnesota lying easterly and southerly of Tract D,Registered Land Survey No.
1667, files of the Hennepin County Registrar of Titles and lying northerly of Flying •
Cloud Drive, EXCEPT that part of said Southeast Quarter which lies northerly of a line
described as beginning at the Southeast corner of the Northeast Quarter of the Southeast
Quarter; thence North 72 degrees 17 minutes 46 seconds West, assuming the east line of
said Southeast Quarter bears North 00 degrees 17 minutes 55 seconds West, a distance of
1045.32 feet to the east line of said Tract D and said line there terminating.
7�I
EAGLE RIDGE AT H ENNEPIN VILLAGE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
RESOLUTION NO.2003-
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF EAGLE RIDGE AT HENNEPIN VILLAGE FOR PEMTOM LAND COMPANY
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Eagle Ridge at Hennepin Village for Pemtom Land Company dated
August 18„2003,and consisting of 12.1 acres into 84 lots,a copy of which is on file at the City Hall,
is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting
ordinances, and amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 7th day of October, 2003.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen A. Porta, City Clerk
-75
STAFF REPORT
TO: Community Planning Board
FROM: Michael D.Franzen, City Planner
DATE: September 5,2003
SUBJECT: Eagle Ridge at Hennepin Village Planned Unit Development Sites C and D
2003 Revision
APPLICANT/ Pemtom Land Company
OWNER: Pemtom Land Company
LOCATION: South of Flying Cloud Airport, east of Eden Prairie Road, and north of
Highway 212
REQUEST:
1. Planned Unit Development Concept Amendment on 151.43 acres
2. Planned Unit Development District Review on 64.9 acres
3. Zoning District Change Amendment in the R1-9.5 District on
16.9 acres
4. Zoning District Change Amendment in the RM-6.5 on 48 acres
5. Site Plan Review on 48 acres
6. Preliminary Plat of 12.1 acres into 84 lots, 5 outlots, and road
right of way
Area Location Map = Eagle Ridge at Hennepin Village
Address - N. of Hwy #212, and east of Spring Road
i f f ; . ,�' fir:
...... :-_,,,_
Eden Prairie Road
- ' • J
-'� Pioneer Trail
. r
'fti
_—;\1 t
1 .\. >'\ ,
Spring Road
E l
/ --'ram
A
_ Orkjic
... ..,:___. . .\......k.,/, -----,,,,,, . . ., ,,, . . .. .. ••.
SITE .';:' :,' --
,
f
-- ) — - ...-•--•--L.-_
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Highway #212
. / . 7 (
, • „iii
Grass Lake N "
,
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fo Scale
i
-77
Staff Report—Eagle Ridge at Hennepin Village Planned Unit Development Sites C and D
2003 Revision
September 5,2003
PROJECT DESCRIPTION
There are three amendments to the approved plan. See plan sheets labeled"Current Approved
Preliminary Plat" and"Proposed Revised Site Plan". These are the last two plan sheets.
• Revision 1 —Townhouses
The approved plan for this area is 46 townhouses. The proposed plan is 52 townhouses.
The approved units are 4,570 sf. The proposed units are 4,191 sf. The architecture is
similar. The density of the 48 acre area zoned RM 6.5 area increases from 7.2 to 7.33
units per acre.
• Revision Two—Single Family
The approved plan is 32 single family homes. The proposed plan is 32 single family
homes. This revision creates better circulation and reduces the number of stairs to the
front doors. The architecture is the same.
• Revision 3—Office
This is a change in the concept plan. The building sizes are the same but in a different
shape. This change is created by moving the access point off Pincherry Lane to the south
and creating an internal connection between the parking lots.
PLANNED UNIT DEVELOPMENT WAIVERS
Waivers from the City Code are for density, lot size, lot dimensions and setbacks.
R1-9.5 Zoning District
• Lot size from 9,500 SF to 3,240 SF.
• Density from 3.5 units per acre to 6.89 units per acre.
• Site area per unit from 9,500 SF to 7,200 SF.
• Lot width from 70 feet to 36 feet.
• Lot depth from 100 feet to 95 feet.
• Front yard setback from 30 feet to 10 feet.
• Rear yard setback from 20 feet to 10 feet.
• Side yard setback from 5 feet minimum and 15 feet total to 5 feet minimum and 10 feet total.
RM-6.5 Zoning District
• Density from 6.7 to 7.33 units per acre
• Lot depth from 100 feet to 69 feet.
• Front yard setback from 30 feet to 15 feet.
• Side yard setback from 10 feet minimum and 20 feet total to 25 feet between buildings
2
7S
Staff Report—Eagle Ridge at Hennepin Village Planned Unit Development Sites C and D
2003 Revision
September 5,2003
A planned unit development allows the city to grant waivers if:
• The plan results in a more creative and efficient approach to the use of land.
• The plan is designed in such a manner to form a unified environment within its own boundaries.
• The waivers are justified by the design.
• The waivers result in a better plan for the site than if no waivers are granted.
Potential reasons for considering the waivers are:
• A unified"historic"architectural theme
• 71 acres of dedicated open space
DRAINAGE
There are minor changes to the grading and drainage plans. The increase in the number of units
will not impact the size of the drainage ponds.
LANDSCAPING
The amount of landscaping required is 2,852 caliper inches. The plan meets this requirement.There
are minor changes in the location of trees due to the change in location of units.
SITE SIDEWALKS AND TRAILS
There are no changes to the approved sidewalk and trail plan.
LIATRIS LANE
Liatris Lane was approved as a private road with an easement to allow public access for
pedestrians and cars. Prior to City Council approval there was discussion regarding whether or
not, Liatris Lane should be a public street rather than a private street with an easement for public
access to the scenic overlook to insure the long term viability of public access to the overlook.
Residents at the public hearing stated that it would be too easy to vacate an easement and that a
public street is permanent.
Current with the review of this project staff has discussed the question again and recommends
that Liatris Lane remain a private street with public access easements for the following reasons.
Staff Report—Eagle Ridge at Hennepin Village Planned Unit Development Sites C and D
2003 Revision
September 5, 2003
1. The process to vacate an easement or a public right of way is the same. A public hearing
is required,published in the official newspaper and written notice sent to adjacent
property owners, followed by an affirmative vote by the City Council.
2. Those that would be concerned about the permanency of access to the overlook should
take comfort in the priority and prominence that the bluff feature plays in the Parks and
Open Space Plan, the emphasis that the City Council and staff place on trail systems in
both the development review process and budgeting process and the importance of
recreational opportunities to our residents. The character of Eden Prairie has been
established through a 40 year process and it is unlikely that these core values will undergo
radical change.
3. The concept and approval process for Hennepin Village has been a multi-year endeavor
that has involved countless hours of negotiation, design, public hearings and investment
by the developer. The result of these efforts has been a mutually acceptable compromise
that results in housing styles and opportunities that depend on the concept of a private
street system that enables smaller setbacks and accompanying streetscapes that are geared
towards private maintenance—especially with regard to snow plowing.
4. To convert Liatris Lane to a public street has significant implications to the approved
development—not just to properties adjacent to Liatris,but on adjacent streets either to
convert additional private streets to public to provide a looped system or to develop a cul-
de-sac design. The result would be loss of units and impact the economic feasibility of
the project. The developer's agreement is a contract and we could not expect to make
unilateral changes to the subdivision. The alternative—leaving the current design intact
and merely converting Liatris to a public street would subject the City to a significant
change in service level for this one neighborhood forever.
SUMMARY
The changes to the approved plan are consistent with the intent and purpose of the approved planned
unit development.
STAFF RECOMMENDATION
The staff recommends approval of the following requests:
• Planned Unit Development Concept Amendment on 151.43 acres
• Planned Unit Development District Review on 64.9 acres
Staff Report—Eagle Ridge at Hennepin Village Planned Unit Development Sites C and D
2003 Revision
September 5,2003
• Zoning District Amendment in the R1-9.5 district on 16.9 acres
• Zoning District Amendment in the RM-6.5 district on 48 acres
• Site Plan Review on 48 acres
• Preliminary Plat of 12.1 acres into 84 lots, 5 outlots, and road right of way
This approval is subject to the recommendations of the staff report dated September 5, 2003 and
plans dated August 19, 2003, and the following:
1. Prior to Final Plat approval,the proponent shall submit detailed storm water runoff,utility and
erosion control plans for review by the City Engineer and Watershed District
2. Prior to grading permit issuance,the proponent shall install erosion control and tree protection
fencing at the grading limits of the property for review and approval by the City Engineer and
City Forester.
3. Prior to Building permit issuance, the proponent shall:
A. Meet with the Fire Marshal to go over fire code requirements.
B. Submit samples of exterior building materials for review.
C. Submit a landscaping and tree replacement bond for review.
D. Pay the appropriate cash park fee.
5. The following waivers from the City Code are granted as part of the Planned Unit
Development District review in the R1-9.5 and RM 6.5 Zoning District:
R1-9.5 Zoning District
• Lot size from 9,500 SF to 3,240 SF.
• Density from 3.5 units per acre to 6.89 units per acre.
• Site area per unit from 9,500 SF to 7,200 SF.
• Lot width from 70 feet to 36 feet.
• Lot depth from 100 feet to 95 feet.
• Front yard setback from 30 feet to 10 feet.
• Rear yard setback from 20 feet to 10 feet.
• Side yard setback from 5 feet minimum and 15 feet total to 5 feet minimum and 10 feet
total.
RM-6.5 Zoning District
I
Staff Report—Eagle Ridge at Hennepin Village Planned Unit Development Sites C and D
2003 Revision
September 5,2003
• Density from 6.7 to 7.33 units per acre
• Lot depth from 100 feet to 69 feet.
• Front yard setback from 30 feet to 15 feet.
• Side yard setback from 10 feet minimum and 20 feet total to 25 feet between buildings
4. The PUD waivers are based on dedicating 71 acres of open space,the historic architectural
theme, and protection of historic, cultural, and archaeological resources through dedication.
f
0a
Planning Board Minutes
September 8,2003
Page 7
C. EAGLE RIDGE AT HENNEPIN VILLAGE by Pemtom Land Company.
Request for Planned Unit Development Concept Amendment on 151.43 acres,
Planned Unit Development District Review on 64.9 acres, Zoning District
Amendment in the R1-9.5 District on 16.9 acres,Zoning District Amendment in
the RM-6.5 District on 48 acres, Site Plan Review on 48 acres, and Preliminary Plat
of 12.1 acres into 84 lots, and road right of way. Location: North of Highway
212, east of Spring Road.
Dan Herbst of Pemtom Land Company presented the project. He gave the Board
some background on Hennepin Village. He stated the first neighborhood was
started in 2002 with three distinct sites. The Carriage Homes are sold out and the
Prairie Townhomes are scheduled to be sold out by the end of the year. Utilities
will be installed by the end of the year. The single family product is not doing well;
they have run into resistance and are considering changing them to duplex or
triplex products. The Wooddale homes are the basis for this request. The northern
corner of Charlson and Spring Road is a community center with a pool and a
restored barn. Originally, 46 townhomes were approved on the Prairie View area.
There were various factors which affected Woodale,particularly assessments to the
property. Also, the requirements for sprinkler systems in the homes resulted in price
increases. The new plan would increase the number of homes from 46 to 52 which
is less than a 1%overall increase in density. The product would be narrower and
smaller and, as a result, it will be possible to bring the price point back down. This
is a product that was used at Bearpath and was very successful. Another benefit
would be to bring a less costly product and there were some concerns about the
closeness of the amenities. The overlook at the center of the site was a concern as
to how close it would be to the townhomes. By reducing the size of the lots,there
will be more green space which will create a greater distance between the overlook,
the parking and the homes on each side. The overlook will be a public element that
connects to the City's trail system.
Stoelting stated according to the report, there was more to the request than the size
of the townhomes. Herbst responded there were minor changes needed.
Franzen stated that the most important change is the increase in density and change
in architecture. The second revision is change in the single family area. The unit
count is the same,but the roads are different which improves access and reduces the
number of steps. The third revision is for the office building,which is the same
building size but a different building configuration, to accommodate a different
access point. The position of the new driveway provides a better site vision
distance. Staff recommends that the project be approved according to the
recommendations on pages 5 and 6 of the staff report.
Koenig asked Herbst what the homes were priced at and how they were selling in
the Outlot A area. Herbst stated the Carriage homes range from the $230,000 -
$260,000,the Heritage homes range from$280,000- $320,000 which are walkout
townhomes, the Village Homes range from$300,000 - $390,000 and the Wooddale
Planning Board Minutes
September 8,2003
Page 8
townhomes are priced at $479,000- $500,000. Koenig asked why the single
homes aren't working and why they thought there was resistance. Herbst responded
that there is a perception about what a single family home should be in Eden
Prairie. He stated this type of home needs to be on a flat site. The consumers are
saying they are looking for more features on the first floor. The single family
homes are very vertical. He would like to make sure the product is designed
according to what the consumer wants. Koenig asked staff the reason for the higher
assessments than originally estimated. Gray responded that the feasibility report
was written in 2000 and the costs have gone up since then. He said it was also a
function of the sequence in which they started work early on in the existing right of
way before there was an agreement with MAC. Seymour asked the proponent to
expand on the cost of the Wooddale townhomes. Steve Schwieters,President of
Wooddale, stated that when complete they will be around$550,000-$575,000
maximum. He stated there's a lot of interest in this product and believes it will
market well if the cost is kept under$600,000.
Nelson stated she was concerned about the changes and that there will be more in
the future. She asked why the changes weren't being done all at one time and why
there were so many of them. Schwieters responded there were issues they didn't
know when they built the first design and as construction proceeded costs increased
significantly. He said the product needs to change because the market isn't there.
Herbst stated they had been pushing the single family homes. It is a very
complicated Planned Unit Development which includes retail and office along with
all the homes.
Sodt stated that he agreed with Nelson that there has been a history of changes in
Pemtom projects. Herbst responded he is very sensitive to the Board but there are
requirements made by staff and homeowners which required adjustments.
A member of the audience asked why the waivers weren't discussed. Stoelting
stated that they had been addressed in the staff report. Franzen stated that when
they first looked at the concept two years ago,they had the same category of
waivers. There were small homes and small lots with reduced setbacks. The
tradeoff was 71 acres of open space, all the land along the bluff and the creek. The
architecture embodied the history of the earliest homes in the City. These waivers
are similar to those.
MOTION by Steppat, second by Koenig, to close the public hearing. Motion
carried, 8-0
MOTION by Steppat, second by Seymour,to approve a Planned Unit Development
Concept Amendment on 151.43 acres,Planned Unit Development District Review
on 64.9 acres, Zoning District Amendment in the R1-9.5 District on 16.9 acres,
Zoning District Amendment in the RM-6.5 District on 48 acres, Site Plan Review
on 48 acres, and Preliminary Plat of 12.1 acres into 84 lots, and road right of way,
�sy
Planning Board Minutes
September 8,2003
Page 9
based on plans dated August 19,2003, subject to the recommendations of the staff
report dated September 5,2003, to the City Council. Motion carried, 7-1, Sodt
abstained
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims October 7,2003
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Management and Budget Payment of Claims
Sue Kotchevar
Requested Action
Move to: Approve the Payment of Claims as submitted(roll call vote)
Synopsis
Checks 123705— 124264
Wire Transfers 1874— 1885
Background Information
Attachments
City of Eden Prairie
Council Check Summary
10/7/2003
Division Amount
General 638,188
100 City Manager 515
101 Legislative 27,202
102 Legal Counsel -600
110 City Clerk 334
111 Customer Service 8,968
112 Human Resources 9,803
113 Communication Services 7,311
114 Benefits&Training 612
115 Risk Management 642
116 Facilities 14,021
117 City Center 1,233
130 Assessing 99
131 Finance 5,083
133 Community Development -990
134 Heritage Preservation 375
135 Information Technology 14,628
136 Wireless Communication 3,963
137 Economic Development 26
150 Park Administration 330
151 Park Maintenance 39,717
152 Parks Capital Outlay 48
153 Athletic Programs 2,685
154 Community Center 30,320
156 Youth Programs 11,992
157 Special Events 460
158 Senior Center 3,115
159 Recreation Administration 1,327
160 Adaptive Recreation 1,680
161 Oak Point Pool 13,270
162 Arts 4,722
163 Park Facilities 1,672
180 Police 32,424
183 Civil Defense 57
184 Fire 16,942
185 Animal Control 1,044
186 Inspections 2,984
200 Engineering 129
201 Street Maintenance 20,205
202 Street Lighting 53,008
203 Fleet Services 39,267
301 CDBG 11,179
303 Cemetery Operation 8
308 E-911 1,465
311 Grant Fund 79
312 Recycle Rebate 7,591
418 HRA 2002A Lease Revenue Bonds 1,000
424 G.O.Improvement Bonds 2003D 4,000
502 Park Development 4,740
503 Utility Improvement 14,538
506 Improvment Bonds 1996 45,317
507 Construction Fund 4,791
509 CIP Fund 36,168
511 Construction Fund 10,000
601 Prairie Village Liquor 114,325
602 Den Road Liquor 192,447
603 Prairie View Liquor 117,684
701 Water Fund 221,893
702 Sewer Fund 22,969
703 Storm Drainage Fund 16,693
803 Escrow Fund 11,260
806 SAC Agency Fund 76,500
Report Total 1,923,455
V �"
City of Eden Prairie
Council Check Register
10/7/2003
Check# Amount Vendor/Explanation Account Description Business Unit
1874 8,735 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
1875 23,117 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund
1876 15,206 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
1877 116,787 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund
1878 66,494 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund
1879 411 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services
1880 71,831 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund
1881 66,083 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund
1882 8,624 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
1883 23,009 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund
1884 14,958 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
1885 115,780 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund
123705 165 AMERICAN PAYROLL ASSN Dues&Subscriptions Finance
123706 218 AMERICINN Tuition Reimbursement/School Police
123707 150 BECKER,DAVE Training Supplies Police
123708 916 BF HOLDING COMPANY Deposits Escrow
123710 60 CARVER COUNTY CHS Tuition Reimbursement/School Police
123711 200 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow
123712 2,010 CENTERPOINT ENEGY Gas Water Treatment Plant
123713 125 DAKOTA COUNTY TECHNICAL COLLEG Conference Expense Human Resources
123714 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General
123715 877 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance
123716 70 EDEN PRAIRIE APPLIANCE Equipment Repair&Maint Fleet Services
123717 650 EDEN PRAIRIE CHAMBER OF COMMER Tuition Reimbursement/School Police
123718 100 EDEN PRAIRIE LIONS CLUB Beer/Wine Licenses General Fund
123719 125 GASCH,ROBERT Other Contracted Services Sunbonnet Days
123720 64 HENNEPIN COUNTY TREASURER Operating Supplies Community Development
123721 2,604 HENNEPIN COUNTY TREASURER Board of Prisoner Police
123722 120 M&I BANK Other Contracted Services Police
123723 30 MINNESOTA PARK SUPERVISORS ASS Conference Expense Parks Administration
123724 100 MINNETONKA,CITY OF POLICE DEP Tuition Reimbursement/School Police
123725 201 TAURUS PROPERTIES Deposits Escrow
123726 295 WHITE BEAR LAKE POLICE DEPARTM Tuition Reimbursement/School Police
123727 327 YIPA Tuition Reimbursement/School Police
123728 1,275 EDEN PRAIRIE,CITY OF Building Construction Fund
123729 20 APPLEBEE'S NEIGHBORHOOD BAR& Employee Award Communication Services
123731 942 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance
123732 20 BATH&BODY WORKS Employee Award Communication Services
123733 20 CARIBOU COFFEE Employee Award Communication Services
123734 9,065 CENTERPOINT ENERGY MARKETING I Gas Public Works/Parks
123735 15 COLD STONE CREAMERY Employee Award Communication Services
123736 555 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund
123737 11,438 DELL MARKETING L.P. Computers Information Technology
123738 5 DERUDDER,GERRY Program Fee Senior Center Program
123739 25 EDEN PRAIRIE NEWS Dues&Subscriptions Water Utility-General
123740 4,731 ELAN FINANCIAL SERVICES Conference Expense City Council
123741 9,500 FOX LAWSON&ASSOCIATES Other Contracted Services Human Resources
123742 167 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow
123743 840 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance
123744 521 HANLON,SCOTT Conference Expense Fire
123745 145 IPMA Dues&Subscriptions Human Resources
123746 988 LAMETTRYS COLLISION Repair&Maint.Supplies Fire
123747 15 LIONS TAP Employee Award Communication Services
123748 264 MCDONALDS Operating Supplies Fire
123749 155 MCFERRIN,TANYA Instructor Service Outdoor Center
123750 58 MELBY,CURTIS Youth Resident Community Center Admin
123751 2,006 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
123752 421 PETTY CASH Operating Supplies Teen Programs
123753 20 REDSTONE AMERICAN GRILL INC Employee Award Communication Services
123754 475 SAUGEN,ANNA Other Contracted Services Volleyball
123755 160 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store
123756 230 AMERICAN INTERTRADE Beer Den Road Liquor Store
123757 105 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store
123758 539 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store
123759 5,895 BELLBOY CORPORATION Liquor Prairie View Liquor Store
123760 44 BRW ENTERPRISES Wine Domestic Den Road Liquor Store
123761 8,886 DAY DISTRIBUTING Beer Prairie View Liquor Store
123762 2,023 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store
123763 11,965 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store
123764 405 GETTMAN COMPANY gMiisc Taxable Den Road Liquor Store
Check# Amount Vendor I Explanation Account Description Business Unit
123765 1,438 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store
123766 7,517 GRIGGS COOPER&CO Liquor Prairie View Liquor Store
123767 1,608 HOHENSTEINS INC Beer Prairie Village Liquor Store
123769 12,365 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store
I23770 22,028 MARK VII Beer Prairie View Liquor Store
I23771 677 MIDWEST COCA COLA BOTTLING COM Iviisc Taxable Prairie Village Liquor Store
123772 1,338 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store
123773 9,959 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store
123774 870 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store
123775 2,370 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store
123776 7,346 QUALITY WINE&SPIRITS CO Wine Imported Den Road Liquor Store
123777 16,187 THORPE DISTRIBUTING Beer Prairie View Liquor Store
123778 155 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store
123779 2,023 WINE COMPANY,THE Wine Domestic Prairie View Liquor Store
123780 4,242 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store
123781 625 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store
123782 95 ASPEN WASTE SYSTEMS INC. Waste Disposal Senior Center
123783 167 AZTECH EMBROIDERY SERVICES Clothing&Uniforms Fire
123784 37 BAITINGER,ELAINE Program Fee Adult Program
123785 40 BOLD,PAULINE Other Contracted Services Sunbonnet Days
123786 161 BUSINESS JOURNAL,THE Dues&Subscriptions In Service Training
123787 30 CARVER COUNTY CHS Conference Expense Fire
123788 514 DIVERSIFIED OPTICAL PRODUCTS, Repair&Maint Supplies Fire
123789 79 GIRL SCOUT TROOP 1341 Other Contracted Services Sunbonnet Days
123790 1,122 GLEN LAKE GOLF Program Fee Therapeutic Recreation
123791 75 IAFCI MINNESOTA Tuition Reimbursement/School Police
123792 989 JENNINGS EXPERIMENTAL HIGH SCH Other Contracted Services Sunbonnet Days
123793 65 KAMATH,DEEPAK Lessons&Classes Ice Arena
123794 250 LEADBETTER IV,HARRY Other Contracted Services Special Initiatives
123795 311 MERLINS ACE HARDWARE Operating Supplies Maintenance
123796 380 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance
123797 75 MINNESOTA BOARD OF ELECTRICITY Merchandise for Resale Inspections-Administration
123798 21,751 MINNESOTA DEPT OF HEALTH Other Contracted Services Water Utility-General
123799 9 MINNESOTA DEPT OF PUBLIC SAFET Bike Registrations General Fund
123800 1,335 MINNESOTA VALLEY ELECTRIC COOP Electric Park Maintenance
123801 4,000 MOODY'S INVESTORS SERVICE Bond Issue Costs G.O.Improvement Bonds 2003D
123802 32 MURPHY,JOAN Lessons&Classes Ice Arena
123803 3,809 NORTHSHORE ADVISORS LLC Audit&Financial Finance
123804 19 OWEN'S SERVICES CORP Cash Over/Short General Fund
123805 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General
123806 18 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance
123807 104 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services
123808 2,543 QWEST Telephone Water Utility-General
123809 1,236 Qwest COMMUNICATIONS Pager&Cell Phone Police
123810 119 SOUTHWEST SUBURBAN PUBLISHING- Advertising Community Center Admin
123811 108 SPORTSIGN Other Contracted Services Accessibility
123812 9,000 SQUARE CUT Other Assets Den Road Liquor Store
123813 8,095 SRF CONSULTING GROUP INC Design&Engineering Construction Fund
123814 5,385 STANDARD INSURANCE CO Life Insurance EE/ER General Fund
123815 55 THIESSEN,NORMA Program Fee Fall Skill Development
123816 135 TOLL GAS AND WELDING SUPPLY Operating Supplies Park Maintenance
123817 539 UNIFORMS UNLIMITED Clothing&Uniforms Fire
123818 1,000 US BANK TRUST NATIONAL ASSN Paying Agent BRA 2002A LEASE REVENUE BONDS
123819 1,348 US POSTMASTER-HOPKINS Postage Water Accounting
123820 1,661 UTING,BRENDA Other Contracted Services Community Brochure
123821 42 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Fire
123822 5 VITALI,MARGARET Lessons&Classes Fitness Classes
123823 82 WHITE,NICOLE Mileage&Parking Therapeutic Recreation
123824 3,072 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance
123825 230 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program
123826 281 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station 43
123827 5,348 AWWA RESEARCH FOUNDATION Dues&Subscriptions Water Utility-General
123828 100 BRAGG,ANNALISA Instructor Service Outdoor Center
123829 300 CARVER COUNTY SHERIFFS DEPT. Deposits Escrow
123830 31 CULLIGAN BOTTLED WATER Operating Supplies Fire
123831 177 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Fire
123832 4,055 GLEN LAKE GOLF Instructor Service Spring Skill Development
123833 504 HENNEPIN COUNTY Waste Disposal Park Maintenance
123834 62 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance
123835 40 KORZENOWSKI,STEVE Instructor Service Outdoor Center
123836 375 LEADBEI t ER IV,HARRY Other Contracted Services Youth Programs Administration
123837 357 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services
123838 109 MINNESOTA MULTI HOUSING ASSOC Conference Expense Engineering
123839 7,208 MINNESOTA STATE TREASURER Building Surcharge General Fund
1
Check# Amount Vendor I Explanation Account Description Business Unit
123840 65 MOLNAU,JESSE Org Athletic League Fees Softball
123841 300 MRPA Conference Expense Parks Administration
123842 I00 OTTERNESS,RON Instructor Service Outdoor Center
123843 288 PETTY CASH POLICE DEPT Postage General
123844 63 STEWART HES I EX,RENEE Other Contracted Services Recreation Administration
123845 400 TIME WARNER CABLE Operating Supplies Fire
123846 40 TRAPP,SUZANNE Instructor Service Outdoor Center
123847 I35 UNIVERSITY OF MINNESOTA Conference Expense Storm Drainage
123848 52 VERIZON WIRELESS BELLEVUE Pager&Cell Phone General Facilities
123849 75 WEEDMAN,NICOLE Mileage&Parking Youth Programs Administration
123850 114,520 XCEL ENERGY Electric Street Lighting
123851 132 ABRASIVE TECHNOLOGIES INC Operating Supplies Traffic Signs
123852 51 ANOKA COUNTY SHERIFFS OFFICE Other Rentals Police
123853 1,445 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks
123854 300 ATOM Tuition Reimbursement/School Police
123855 925 BLOOMINGTON,CITY OF Kennel Services Animal Control
123856 315 BLR INC Training Supplies Water Utility-General
123857 644 BRAGG,ANNALISA Instructor Service Outdoor Center
123858 40 CAMP RIPLEY MESS FUND Other Rentals Police
123859 2,256 CY'S UNIFORMS Clothing&Uniforms Police
123860 439 DAVIES/NORTHERN WATER WORKS Repair&Maint.Supplies Water System Maintenance
123861 50 EDEN PRAIRIE NEWS Dues&Subscriptions Police
123862 1,223 ELK RIVER CONCRETE PRODUCTS Repair&Maint.Supplies Storm Drainage
123863 160 FIRE ENGINEERING MAGAZINE Dues&Subscriptions Fire
123864 27 FOSTER,MARJORIE Program Fee Senior Center Program
123865 217 HOME DEPOT/GECF Repair&Maint.Supplies Water Meter Repair
123866 1,688 JOHN HENRY FOSTER MINNESOTA IN Equipment Parts Water Treatment Plant
123867 30 MINNESOTA COUNTY ATTORNEYS ASS Tuition Reimbursement/School Police
123868 40 MINNESOTA DEPT OF AGRICULTURE Other Contracted Services Lime Sludge
123869 295 OHIO UNIVERSITY Tuition Reimbursement/School Police
123870 18 OSI BATTERIES INC Operating Supplies Police
123871 27 ROBBINS WILLIAM Program Fee Senior Center Program
123872 70 RUBEN,MARK Org Athletic League Fees Softball
123873 426 ST JOSEPH EQUIPMENT INC Other Rentals Storm Drainage
123874 291 STERICYCLE INC Other Contracted Services Police
123875 1,065 STRATEGIC INSIGHTS COMPANY Software Finance
123876 10 TELECHECK SERVICES,INC Other Contracted Services Prairie Village Liquor Store
123877 208 TIME WARNER CABLE Cable TV Fire
123878 27 TORNOE,JACKIE Program Fee Senior Center Program
123879 130 TRAPP,SUZANNE Instructor Service Outdoor Center
123880 8 UPS Postage General
123881 2,044 XCEL ENERGY Principal Traffic Signals
123882 32 ZILKA,AMY Other Contracted Services Senior Center Program
123883 11,079 BORG SECURING INC Other Contracted Services 2000 Rehab
123884 149 CAREER TRACK Tuition Reimbursement/School Police
123885 500 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow
123886 13,335 DELTA DENTAL PLAN OF MN Dental General Fund
123887 3,385 EDEN PRAIRIE SOCCER CLUB INC Instructor Service Athletics
123888 392 GE CAPITAL Other Rentals General
123890 1,018 GENUINE PARTS COMPANY Equipment Parts Fleet Services
123891 469 GRAYBOW COMMUNICATIONS GROUP Operating Supplies Arts Initiative
123892 375 J H LARSON ELECTRICAL COMPANY Equipment Parts City Center Operations
123893 780 LACROSSE UNLIMITED Instructor Service Athletics
123894 94 MAROTTA,VIC Instructor Service Summer Skill Development
123895 3,170 METRO SALES INCORPORATED* Other Rentals General
123896 75,735 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund
123897 17 OXMOOR HOUSE Recreation Supplies Youth Programs Administration
123898 22 PACK 0 FUN Dues&Subscriptions Youth Programs Administration
123899 7,443 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
123900 9,430 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
123901 73 QUICKSILVER EXPRESS COURIER Postage General
123902 109 SCHUELKA,MATT Operating Supplies Drama Camp
123903 63 UNIVERSITY OF MINNESOTA Other Contracted Services Park Maintenance
123904 400 WASHINGTON COUNTY SHERIFFS DE Deposits Escrow
123905 57 WHITE,BECKI Operating Supplies Youth Programs Administration
123906 147 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store
123907 83 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
123908 348 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store
123909 5,029 BELLBOY CORPORATION Misc Taxable Prairie Village Liquor Store
123910 4,952 DAY DISTRIBUTING Beer Den Road Liquor Store
123911 2,219 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store
123912 12,643 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store
123913 300 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
123914 254 GETTMAN COMPANY Misc Taxable Den Road Liquor Store
90
Check# Amount Vendor/Explanation Account Description Business Unit
123915 131 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store
123916 I9,772 GRIGGS COOPER&CO Liquor Den Road Liquor Store
123917 I5,820 JOHNSON BROTHERS LIQUOR CO MiscTaxable Den Road Liquor Store
123918 2,927 MARK VII Beer Den Road Liquor Store
123919 1,440 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
123920 89 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store
123921 302 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store
123922 8,651 PHILLIPS WINE AND SPIRITS INC Wme Domestic Den Road Liquor Store
123923 716 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store
123924 3,216 PRIOR WINE COMPANY Transportation Prairie Village Liquor Store
123925 7,701 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store
123926 24,060 THORPE DISTRIBUTING Beer Den Road Liquor Store
123927 291 WINE COMPANY,THE Wine Domestic Den Road Liquor Store
123928 407 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store
123929 479 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store
123930 513 A P LAWN INC Building Repair&Maint. Fire Station#1
123931 137 A TO Z RENTAL CENTER Other Rentals Street Maintenance
123932 422 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Storm Drainage
123933 744 ABSOLUTE RAIN INC. Building Repair&Maint. Fire Station#2
123934 199 AIR POWER EQUIPMENT CORPORATIO Repair&Maint.Supplies Fire
123935 350 ALL SEASONS LANDSCAPE&DESIGN Other Contracted Services Water Treatment Plant
123936 101 ALLIED VAUGHN Video&Photo Supplies Summer Safety Camp
123937 420 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General
123938 9,071 ANCHOR PRINTING COMPANY Printing Senior Center Administration
123939 165 ARMOR SECURITY INC. Other Contracted Services Outdoor Center
123940 798 ATHLETICA Repair&Maint.Supplies Ice Arena
123941 1,818 BAUER BUILT TIRE AND BA 1 1'bRY Equipment Parts Fleet Services
123942 1,176 BECKER ARENA PRODUCTS INC Repair&Maint.Supplies Ice Arena
123943 28 BERRY COFFEE COMPANY Operating Supplies Senior Center Administration
123944 51 BERTELSON OFFICE PLUS Office Supplies Water Utility-General
123945 703 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services
123946 9,184 BRAUN INTERTEC CORPORATION Other Contracted Services Water Treatment Plant
123947 12 BROADWAY AWARDS Cleaning Supplies Maintenance
123948 9,530 BROWN TRAFFIC PRODUCTS Equipment Repair&Maint Traffic Signals
123949 1,264 BRYAN ROCK PRODUCTS INC Gravel Storm Drainage
123950 168 CARLSON TRACTOR AND EQUIPMENT Equipment Parts Fleet Services
123951 2,769 CARLSON'S TREE SERVICE Other Contracted Services Tree Removal
123952 43 CATCO CLUTCH&TRANSMISSION SE Equipment Repair&Maint Fleet Services
123953 2,602 CDW GOVERNMENT INC. Small Tools Fleet Services
123954 5,043 CEMSTONE Repair&Maint.Supplies Storm Drainage
123955 1,041 CENTRAIRE INC Equipment Repair&Maint Den Road Liquor Store
123956 80 CITI-CARGO&STORAGE CO,INC Operating Supplies Summer Theatre
123957 295 CLAREYS INC Safety Supplies Water Treatment Plant
123958 1,125 CONCRETE CUTTING&CORING INC Repair&Maint.Supplies Storm Drainage
123959 523 CONNEY SAFETY PRODUCTS Repair&Maint.Supplies Water Treatment Plant
123960 85 CONSTRUCTION MATERIALS INC Operating Supplies Water Treatment Plant
123961 32 COPY EQUIPMENT INC Operating Supplies Traffic Signs
123962 , 1,613 CORPORATE EXPRESS. Office Supplies General
123963 18,866 CUTLER MAGNER COMPANY Chemicals Water Treatment Plant
123964 253 DALCO Cleaning Supplies Maintenance
123965 4,897 DALCO ROOFING&SHEET METAL IN Building Repair&Maint. Fire Station#2
123966 81 DAVANNIS PIZZA Miscellaneous Communication Services
123967 966 DECORATIVE DESIGNS INC Other Contracted Services Water Treatment Plant
123968 179 DELEGARD TOOL CO Equipment Parts Fleet Services
123969 101 DIESEL INJECTION SERVICE INC Equipment Parts Fleet Services
123970 441 DNR SCREEN PRINTING INC Operating Supplies Concessions
123971 610 DYNA SYSTEMS Repair&Maint.Supplies Water Treatment Plant
123972 1,467 EARL F ANDERSEN INC Signs Traffic Signs
123973 248 ELVIN SAFETY SUPPLY INC Equipment Testing/Cert. Fire
123974 255 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire
123975 327 EMERGENCY AUTOMOTIVE TECHNOLOG Equipment Parts Fleet Services
123976 175 ESCHELON TELECOM 1NC Equipment Repair&Maint Telephone
123977 139 FERRELLGAS Motor Fuels Ice Arena
123978 19 FIXES HYGIENE SERVICES Operating Supplies Prairie Village Liquor Store
123979 5,979 FINLEY BROS INC Repair&Maint.Supplies Park Maintenance
123980 1,278 FLANAGAN SALES,INC. Improvements to Land Capital Impr./Maint.Fund
123981 923 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant
123982 80 GRAINGER Equipment Repair&Maint Maintenance
123983 12,121 GRAUS CONTRACTING INC Building Capital Impr./Maint.Fund
123984 1,244 GREENER PASTURES Other Contracted Services Storm Drainage
123985 343 GREG LARSON SPORTS Recreation Supplies Summer Skill Development
123986 456 H M CRAGG CO Equipment Repair&Maint Wireless Communication
123987 168 HAMILTON,MICHAEL Other Contracted Services Softball
123988 24,204 HANSEN THORP PELLINEN OLSON Design&Engineering Improvement Projects 1996
9 1
Check# Amount Vendor/Explanation Account Description Business Unit
123989 11,727 HARTLAND FUEL PRODUCTS I LC Motor Fuels Fleet Services
123990 11,549 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant
123991 1,048 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance
123992 12,987 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations
123993 188 INFRATECH Operating Supplies Water System Maintenance
123994 440 INNOVATIVE GRAPHICS Clothing&Uniforms Athletics
123995 48 INSIGHT PUBLIC SECTOR Capital Under$2,000 Capital Outlay Parks
123996 565 INTERSTATE COMPANIES INC Equipment Parts Fleet Services
123997 777 ISAACS,GARY Other Contracted Services Softball
123998 162 ITS A KEEPER Employee Award Communication Services
123999 695 JANEX INC Cleaning Supplies Maintenance
124000 154 K&H OUTDOORS,INC Other Contracted Services Park Maintenance
124001 95 KINKO'S Operating Supplies Therapeutic Recreation
124002 182 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance
124003 549 LAB SAFETY SUPPLY INC Repair&Maint.Supplies Water Treatment Plant
124004 1,144 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services
124005 28 LANO EQUIPMENT INC Repair&Maint.Supplies Storm Drainage
124006 115 LANO EQUIPMENT OF NORWOOD Operating Supplies Street Maintenance
124007 119 LEROY JOB TRUCKING INC Other Contracted Services Animal Control
124008 363 MACDONALD&MACK ARCHITECTS LT Building Capital Impr./Maint.Fund
124009 108 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services
124010 42 MADER,STEVEN E Other Contracted Services Softball
124011 107 MARKS EDEN PRAIRIE AMOCO Equipment Repair&Maint Police
124012 • 98 MATEJCEKS Equipment Parts Fleet Services
124013 585 MAXI-PRINT INC Printing Police
124014 480 MENARDS Operating Supplies Traffic Signals
124015 149 METRO BRUSH&SUPPLY Repair&Maint.Supplies Fire Station#1
124016 3,996 METRO CONCRETE RAISING INC Repair&Maint.Supplies Storm Drainage
124017 260 METRO EROSION INC Other Contracted Services Storm Drainage Projects
124018 4,109 METRO FIRE Protective Clothing Fire
124019 130 METROPOLITAN FORD Equipment Repair&Maint Fleet Services
124020 3,393 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance
124021 12,280 MILLER DUNWIDDIE Building Capital Impr./Maint.Fund
124022 249 MINNESOTA CONWAY Safety Supplies Fire
124023 1,305 MOORE MEDICAL CORP Safety Supplies Fire
124024 3,717 MTI DISTRIBUTING INC. Equipment Repair&Maint Fleet Services
124025 168 MURRAY,JOHN Other Contracted Services Softball
124026 1,735 NATIONAL WATERWORKS Merchandise for Resale Water Utility-General
124027 2,085 NEW LONDON TECHNOLOGY INC Capital Under$2,000 Wireless Communication
124028 13 NORTHERN TOOL&EQUIPMENT CO. Repair&Maint.Supplies Storm Drainage
124029 169 OLSEN COMPANIES Protective Clothing Water System Maintenance
124030 54 ORIENTAL TRADING COMPANY INC Recreation Supplies Special Events&Trips
124031 791 OSI BATTERIES INC Operating Supplies Police
124032 583 PARK NICOLLET CLINIC Other Contracted Services Risk Management
124033 30 PETSMART Canine Supplies Police
124034 1,789 PJS AND ASSOCIATES INC Small Tools Fire
124035 1,700 PLEHAL BLACKTOPPING INC Other Contracted Services Water System Maintenance
124036 6 POKORNY COMPANY Equipment Repair&Maint Maintenance
124037 20 POWERPLAN Equipment Parts Fleet Services
124038 88 PRAIRIE CYCLE&SKI Clothing&Uniforms Police
124039 2,263 PRAIRIE ELECTRIC COMPANY Repair&Maint.Supplies Water Treatment Plant
124040 128 PRINTERS SERVICE INC Repair&Maint.Supplies Ice Arena
124041 129 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services
124042 137 PUBLIC SAFETY CENTER INC Operating Supplies Police
124043 88 QUALIFICATION TARGETS Training Supplies Police
124044 270 RAIN SNOW&SHINE Recreation Supplies Summer Skill Development
124045 39 RIDGEVIEW BUSINESS HEALTH Other Contracted Services Risk Management
124046 56 RIGID HITCH INCORPORATED Equipment Parts Fleet Services
124047 21,789 RMR SERVICES INC Other Contracted Services Utility Improvement Fund
124048 520 ROBICHONS THE IN-LINE SKATE SC Instructor Service Preschool Events
124049 297 ROCHESTER MIDLAND CORPORATION Cleaning Supplies Maintenance
124050 5,725 RUMPCA CO INC Waste Disposal Tree Removal
124051 181 S&S WORLDWIDE Recreation Supplies Pool Lessons
124052 44 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance
124053 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services
124054 720 SE-ME INC Video&Photo Supplies Police
124055 38 SHEMIN NURSERIES,INC. Equipment Repair&Maint Park Maintenance
124056 64 SHERWIN WILLIAMS CO Repair&Maint.Supplies Senior Center
124057 3,237 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996
124058 60 SHRED-IT Waste Disposal City Center Operations
124059 65 SNAP-ON TOOLS Small Tools Fleet Services
124060 11 SNYDER Operating Supplies Activity Camp
124061 23,986 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 1996
124062 179 STANDARD REGISTER Office Supplies General
9a
Check 0 Amount Vendor/Explanation Account Description Business Unit
124063 25 STAR TRIBUNE Misc Nan-Taxable Prairie View Liquor Store
I24064 684 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services
124066 4,715 STREICHERS Clothing&Uniforms Police
124067 1,370 SUBURBAN CHEVROLET GEO Equipment Parts Fleet Services
124068 3,467 SUBURBAN TIRE WHOI.FSALE INC Tires Fleet Services
124069 8,542 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund
124070 327 SUN NEWSPAPERS Legal Notices Publishing City Clerk
124071 129 TAB PRODUCTS CO Office Supplies Inspections-Administration
124072 144 TESSCO Operating Supplies Wireless Communication
124073 608 THYSSENKRUPP ELEVATOR Equipment Repair&Maint Maintenance
124074 29 TOLL GAS AND WELDING SUPPLY Repair&Maint Supplies Water System Maintenance
124075 24 TRANS UNION CORPORATION Operating Supplies Police
124076 302 TRANSPORT GRAPHICS Operating Supplies Fire
124077 2,925 TREES INC Other Contracted Services Reforestation
124078 280 TRUGREEN CHEMLAWN MTKA Other Contracted Services Water Treatment Plant
124079 113 TWIN CITY OXYGEN CO Operating Supplies General Facilities
124080 573 UNIFORMS UNLIMITED Clothing&Uniforms Police
124081 237 UNITED HEALTHCARE SERVICES INC Employee Assistance Employee Benefits
124082 265 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services
124083 285 US HOSPITALITY Advertising Prairie View Liquor Store
124084 64 USTA-NORTHERN SECTION Clothing&Uniforms Tennis
124085 667 VESSCO INC Equipment Parts Water Treatment Plant
124086 165 VIKING TROPHIES Employee Award Communication Services
124087 546 VOIGHT,JEFF Other Contracted Services Softball
124088 1,201 WALLACE METRO PRINTING Office Supplies Fire
124089 325 WERNER ELECTRIC SUPPLY CO. Equipment Parts Water Treatment Plant
124090 53 WESTSIDE EQUIPMENT Equipment Parts Fleet Services
124091 631 WESTWOOD PROFESSIONAL SERVICES Design&Engineering Construction Fund
124092 116 WOLF CAMERA Video&Photo Supplies Police
124093 64 WORM,SANDY Landscape Materials/Supp Park Maintenance
124094 607 ZEP MANUFACTURING CO Equipment Parts Fleet Services
124095 3,941 ZIEGLER INC Equipment Repair&Maint Water Treatment Plant
124096 498 ANCHOR PRINTING COMPANY Printing Summer Theatre
124097 100 ANDERSON,ROLF Other Contracted Services Heritage Preservation
124098 138 APWA Other Contracted Services Fleet Services
124099 16 ARVOLD,KATIE Mileage&Parking Activity Camp
124100 89 AT&T Pager&Cell Phone Police
124101 318 B&B ASSOOCIATES/CRYSTAL Conference Expense Water Utility-General
124102 54 CARR,WENDY Outside Water Sales Water Enterprise Fund
124103 100 CASTANEDA,SILVIA Outside Water Sales Water Enterprise Fund
124104 114 ESBENSEN,GEORGE Training Supplies Fire
124105 115 GABBERT,MICHAEL Mileage&Parking Tennis
124106 47 GERTZ,JOHN Operating Supplies Sunbonnet Days
124107 96 HANLON,KIM Mileage&Parking Fire
124108 100 HENNEPIN COUNTY ADMINISTRATOR Other Contracted Services 2000 Rehab
124109 50 MANLOVE,JOANNE Refunds Environmental Education
124110 151,465 MEDICA CHOICE Medical Bills Prepaid General Fund
124111 35 MFAPC Dues&Subscriptions Fire
124112 11,000 MINNESOTA STATE RETIREMENT SYS Severance Police
124113 345 MN DEPT.OF LABOR AND INDUSTRY Conference Expense Water Utility-General
124114 1,427 PEMTOM LAND CO. Deposits Escrow
124115 3 QWEST Telephone E-911 Program
124116 291 RICHARDSON,JIM Instructor Service Fall Skill Development
124117 75 SUSA Conference Expense Water Utility-General
124118 157 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Police
124119 58 XCEL ENERGY Electric Traffic Signals
124120 3,418 ACTION RADIO&COMMUNICATIONS, Capital Under$2,000 Fleet Services
124121 138 BARONE,MICHAEL Miscellaneous City Manager
124122 7,591 BFI WASTE SYSTEMS OF NORTH AME Other Contracted Services Recycle Rebate
124124 6,775 BIFFS INC Waste Disposal Park Maintenance
124125 10 BOURASSA,JUDY Lessons&Classes Fitness Classes
124126 10 BOYD,DAWN Program Fee Fall Skill Development
124127 27 DE ABREU,RUTA Program Fee Senior Center Program
124129 508 DRISKILLS NEW MARKET Operating Supplies Day Camp
124130 8 FARMER,LOUISE Program Fee Senior Center Program
124131 30 FISH,KATHLEEN Lessons&Classes Pool Lessons
124132 161 HENNEPIN COUNTY TREASURER Operating Supplies Community Development
124133 1,590 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund
124134 55 LARSON,SUSAN Lessons&Classes Ice Arena
124135 27 LUKE,BARBARA Program Fee Senior Center Program
124136 2,068 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
124137 412 PETTY CASH Miscellaneous City Council
124138 126 QWEST Telephone SewerLiftstation
124139 65 RAMEL,LAUREEN Lessons&Classes Ice Arena
93
Check it Amount Vendor/Explanation Account Description Business Unit
124140 54 RANKIN,ROBERTA Program Fee Senior Center Program
124141 74 SAGI,RAGHUNANDAN Lessons&Classes Oak Point Lessons
124142 36 SAME,SANAZ Lessons&Classes Oak Point Lessons
124143 149 TARGET CENTER Special Event Fees Preschool Events
124144 40 TELEPHONE ANSWERING CENTER INC Other Contracted Services Water Treatment PIant
124145 75 TKACH,GEORGE Other Contracted Services Senior Center Program
124146 27 WITKEWICS,JOE Program Fee Senior Center Program
124147 1,756 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance
124148 25 XCEL ENERGY Electric Traffic Signals
124149 134 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store
124150 98 AMERIPRIDE LINEN&APPAREL SER Repair&Maint Supplies Den Road Liquor Store
124151 515 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store
124152 6,208 BELLBOY CORPORATION Wine Imported Prairie View Liquor Store
124153 9,680 DAY DISTRIBUTING Beer Prairie View Liquor Store
124154 1,681 EAGLE WINE COMPANY Liquor Den Road Liquor Store
124155 5,142 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store
124156 586 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store
124157 9,235 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store
124158 617 HOHENSTEINS INC Beer Den Road Liquor Store
124159 19,884 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store
124160 11,015 MARK VII Beer Prairie View Liquor Store
124161 2,415 PAUSTIS&SONS COMPANY Beer Den Road Liquor Store
124162 5,343 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store
124163 523 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store
124164 1,384 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store
124165 6,604 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store
124166 10,993 THORPE DISTRIBUTING Beer Den Road Liquor Store
124167 180 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store
124168 1,355 WINE COMPANY,THE Wine Imported Den Road Liquor Store
124169 833 WINE MERCHANTS INC Transportation Prairie Village Liquor Store
124170 1,785 WORLD CLASS WINES INC Wine Domestic Prairie View Liquor Store
124171 60 ALCOHOL&GAMBLING ENFORCEMENT Licenses&Taxes Prairie Village Liquor Store
124172 83 BEAT YESTERDAY Operating Supplies Prairie View Liquor Store
124173 243 BELTRAMI COUNTY SHERIFFS DEPA Deposits Escrow
124174 136 BOLD,PAULINE Instructor Service Outdoor Center
124175 100 BRAGG,ANNALISA Instructor Service Outdoor Center
124176 73 BUTZOW,SUZANNE Outside Water Sales Water Enterprise Fund
124177 612 CEDARHURST INC Special Event Fees Senior Center Program
124178 34,246 CHERNE CONTRACTING CORPORATION AR Utility Water Enterprise Fund
124179 120 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous In Service Training
124180 70 EDINA FIRE DEPARTMENT Tuition Reimbursement/School Fire
124181 28 FEIST,AMY Program Fee Preschool Events
124182 44 HOOGENAKKER,KATHLEEN Mileage&Parking Finance
124183 5 HOUSE,JUDY Program Fee Outdoor Center
124184 8 JOHNSON,WAYNE Program Fee Outdoor Center
124185 20 MINNESOTA PRIMA Dues&Subscriptions Risk Management
124186 235 MN GIS/LIS Conference Expense Water Utility-General
124187 294 MULLANEY,SCHREIBER Deposits Escrow
124188 265 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund
124189 5 PEROUTKA,BRENDA Program Fee Outdoor Center
124190 100 PROP Deposits Escrow
124191 59 QUICKSILVER EXPRESS COURIER Postage General
124192 15 RICHFIELD,CITY OF Autos Capital Impr./Maint.Fund
124193 132 SCHMIDT,BENJAMIN Instructor Service Tennis
124194 3,282 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council
124195 85 TARGET CENTER Special Event Fees Preschool Events
124196 50 UNITED WAY Deposits Escrow
124197 120 WALMART COMMUNITY Operating Supplies Police
124198 121 WERTS,SANDY Mileage&Parking Special Events Administration
124199 1,606 ACME WINDOW CLEANING INC. Building Repair&Maint Heritage Preservation
124200 107 ALL METRO SUPPLIES Landscape Materials/Supp Park Maintenance
124201 1,334 APRES Other Rentals Sunbonnet Days
124202 18 AQUA ENGINEERING INC Repair&Maint Supplies Park Maintenance
124203 176 BAUER BUILT T02E AND BATTERY Equipment Repair&Maint Fleet Services
124204 351 BRO-TEX INC Equipment Parts Fleet Services
124205 1,661 CEMSTONE Repair&Maint Supplies Storm Drainage
124206 2,377 CENTURY/NCD,LLC Operating Supplies Inspections-Administration
124207 80 CITI-CARGO&STORAGE CO,INC Operating Supplies Summer Theatre
124208 97 CLAREYS INC Operating Supplies General
124209 136 CONCRETE CUTTING&CORING INC Equipment Parts Fleet Services .
124210 29 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance
124211 1,705 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant
124212 30 DEM CON LANDFILL LLC Waste Disposal Street Maintenance
124213 23 DYNA SYSTEMS uSmall Tools Water System Maintenance
I
Check;lr Amount Vendor/Explanation Account Description Business Unit
124214 179 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions City Council
124215 21,344 EF JOHNSON Capital Under 52,000 Water Utility-General
1242I6 51 ESCHELON TELECOM INC Equipment Repair&Maint Telephone
124217 63 FEDERAL SIGNAL CORPORATION Equipment Repair&Maint Fleet Services
124218 80 FIRE INSTRUCTORS ASSN OF MN Tuition Reimbursement/School Fire
124219 474 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant
124220 215 GRAINGER Small Tools Traffic Signals
124221 336 GREATAMERICA LEASING CORP. Other Rentals General
124222 315 GUNNAR ELECTRIC CO INC Other Contracted Services Park Maintenance
124223 2,820 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant
124224 97 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
124225 254 HYDROLOGIC Repair&Maint.Supplies Park Maintenance
124226 84 ICI DULUX PAINT CTRS Operating Supplies Park Maintenance
124227 247 IND SCHOOL DIST 272 Transportation Teen Programs
124228 4,651 INSIGHT PUBLIC SECTOR Computers Capital Impr./Maint.Fund
124229 46 J H LARSON ELECTRICAL COMPANY Operating Supplies Traffic Signals
124230 210 JOHNSON,KAMARA Other Contracted Services Park Facilities
124231 45 KRAEMERS HARDWARE INC Operating Supplies Water Treatment Plant
124232 38 LAB SAFETY SUPPLY INC Operating Supplies Water Treatment Plant
124233 1,395 LAKE COUNTRY DOOR Building Repair&Maint. Water Treatment Plant
124234 7 LANO EQUIPMENT INC Equipment Parts Fleet Services
124235 21,211 LEAGUE OF MINNESOTA CITIES Dues&Subscriptions City Council
124236 508 MCNEILUS STEEL INC Equipment Parts Fleet Services
124237 46 MENARDS Building Materials Park Maintenance
124238 63 METROPOLITAN FORD Equipment Parts Fleet Services
124239 1,846 MIDWEST ASPHALT CORPORATION Protective Clothing Fire
124240 98 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance
124241 95 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire
124242 46 MIRACLE RECREATION EQUIPMENT C Repair&Maint.Supplies Riley Lake
124243 210 MN GIS/LIS Conference Expense Information Technology
124244 9 MTI DISTRIBUTING INC Equipment Parts Fleet Services
124245 285 MUNICIPAL EMERGENCY SERVICES Protective Clothing Fire
124246 1,310 NATIONAL WATERWORKS Other Contracted Services Utility Improvement Fund
124247 73 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire
124248 303 OSI BATTERIES INC Equipment Parts Fleet Services
124249 41,229 PARROTT CONTRACTING INC Other Contracted Services Water System Maintenance
124250 102 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services
124251 5,307 RMR SERVICES INC Merchandise for Resale Water Meter Reading
124252 168 SCHMIDT,KURT Other Contracted Services Softball
124253 24 SHERWIN WILLIAMS CO Building Repair&Maint. Park Maintenance
124254 4,321 SOFTWARE HOUSE INTERNATIONAL I Miscellaneous Information Technology
124255 84 SPS COMPANIES Repair&Maint.Supplies Water System Maintenance
124256 273 STILLWATER EQUIPMENT CO Computers Capital Impr./Maint.Fund
124257 80 STREICHERS Clothing&Uniforms Police
124258 76 TAB PRODUCTS CO Office Supplies Inspections-Administration
124259 156 TESSMAN SEED CO Landscape Materials/Supp Park Maintenance
124260 437 TKDA Other Contracted Services Water System Maintenance
124261 222 UNIFORMS UNLIMITED Clothing&Uniforms Fire
124262 138 UNLIMITED SUPPLIES INC Equipment Parts Fleet Seivices
124263 55 WOLF CAMERA Video&Photo Supplies Assessing
124264 92 X-ERGON Repair&Maint.Supplies Water Treatment Plant
1,923,455 Grand Total
95
CITY COUNCIL AGENDA
DATE:
SECTION: Ordinances and Resolutions October 7,2003
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Fire Department/Fire Prevention Adoption of latest edition of the Minnesota George Esbensen Uniform Fire Code . , A
Requested Action
Move to: Approve 1st Reading of an Ordinance amending City Code Section
9.05 adopting the Minnesota Uniform Fire Code
Synopsis
Adopt the most recent edition of the Minnesota Uniform Fire Code as amended in parts
7510.3510 to 7510.3710,Minnesota Rules 2003. Amend the City Code to provide the
rules needed to provide an acceptable level of fire protection in the city.
•
Background Information
ri N.
Section 9.05 •
This brings the city up to date with the most current fire codes as adopted by the State.
Attachments
•
Ordinance
•
96
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
ORDINANCE NO. -2003
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA
AMENDING CITY CODE CHAPTER 9 BY AMENDING SECTION 9.05
RELATING TO THE INTERNATIONAL FIRE CODE AND OTHER FIRE
REGULATIONS; AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS:
Section 1. The title of Section 9.05,is amended to read as follows:
INTERNATIONAL FIRE CODE AND OTHER FIRE REGULATIONS.
Section 2. All references in City Code Section 9.05 to "MUFC" are deleted and replaced
with"MSFC."
Section 3. City Code Section 9.05, subd. 1, is deleted in its entirety and replaced with the
following:
Adoption. There is hereby adopted by the City for the purpose of prescribing
regulations governing conditions hazardous to life and property from fire and
explosion that certain code known as the International Fire Code 2000 as
promulgated by the International Code Council, Inc. in the form and content as
adopted and amended in parts 7510.3510 to 7510.3710, Minnesota Rules, 2003,
and amendments thereto adopted through March 31, 2003, known as the 2003
Minnesota State Fire Code together with appendices A, B, C, D, E, F, G, H and I
of the International Fire Code, hereinafter referred to as "MSFC" and the whole
thereof, save and except such portions as are hereinafter deleted, modified or
amended by Subd. 6 of this Section of which one (1) copy is on file in the office
of the City Clerk-Treasurer; and the same is hereby adopted and incorporated as
fully as is set out at length herein, and from the date on which this Section shall
take effect,the provisions thereof shall be controlling.
Section 4. City Code Section 9.05, subd. 2 is deleted in its entirety and replaced with the
following:
A. The MSFC and any State statutes pertaining to fire and life safety shall be
enforced by the Fire Prevention Bureau in the Fire Department, which is hereby
established and which shall be operated under the supervision of the Fire Chief
and the Fire Marshal.
B. The Fire Chief may, but is not limited to, appoint such members of the Fire
Department as inspectors as shall from time to time be necessary.
Section 5. City Code Section 9.05, subd. 3, is deleted in its entirety and replaced with the
following:
Definitions. Whenever the word "jurisdiction" is used in the MSFC, it shall •
mean the City of Eden Prairie.
Section 6. City Code Section 9.05, subd. 4, subpart A, is deleted in its entirety and replaced
with the following:
A. The limits referred to in Section 3404.2.9.5.1 of the MSFC in which storage of
flammable or combustible liquids in outside above ground tanks is prohibited are
hereby established as within all residential zoning districts of the City. Above
ground tanks in all other districts shall meet the standards of UL 2085 and MSFC
Section 3404.2.9.6 for an insulated and protected tank.
Section 7. City Code Section 9.05, subd. 5, is repealed.
Section 8. City Code Section 9.05, subd 6, is deleted in its entirety and replaced with the
following:
Amendments to the MSFC. The MSFC is amended as follows:
A. Amendment to Chapter 5, Section 503 - FIRE APPARATUS ACCESS
ROADS.
1. 503.3 Marking shall read as follows:
503.3 Marking Fire Lanes. The marking of fire lanes on private and
public property shall be designated by the Fire Prevention Bureau and the
City Code, Chapter 8, section 8.07, Subd. 3.
B. Amendments to Chapter 9 -FIRE PROTECTION SYSTEMS.
1. An exception is added to 904.2.1 Hood System Suppression that reads as
follows:
EXCEPTION: The requirement for protection does not include steam kettles and
steam tables or equipment which as used do not create grease-laden vapors. The
requirement shall not apply to Group R3 occupancies and individual units within
Group Rl occupancies.
C. Amendment to Chapter 10-MEANS OF EGRESS.
1. 1001.2 Minimum requirements shall have the following paragraph
added:
No exit or part thereof shall be altered in any way unless in conformance
with Chapter 10 of the City Code.
D. Amendment to Chapter 24-TENTS AND OTHER MEMBRANE
STRUCTURES.
1. SECTION 2416 STANDBY PERSONNEL shall have a paragraph added
to read as follows:
Standby personnel shall be firefighters unless otherwise approved by the
Fire Chief or Fire Marshal.
E. Amendment to Appendix H- FIRES OR BARBEQUES ON BALCONIES OR
PATIOS.
1. SECTION 1- OPEN FLAME AND FUEL STORAGE PROHIBITED
shall read as follows:
1.1 Open Flame Prohibited. In any structure containing three or
more dwelling units, with at least two vertically stacked, no person
shall kindle, maintain, or cause any fire or open flame on any
balcony above ground level, or on any ground floor patio within 15
feet of the structure.
1.2 Fuel Storage is Prohibited. No person shall store or use any fuel,
barbeque, torch, or other similar heating or lighting chemical or
device in the locations designated in Section 1.1.
Exception. Listed electric or gas-fired barbeque grills that are
permanently mounted and wired or plumbed to the building's gas
supply or electrical and that maintain a minimum clearance of 18
inches on all sides, unless listed for lesser clearances, may be
installed on balconies and patios when approved by the Fire Chief.
99
Section 9. City Code Section 9.05, subd. 9,is amended as follows:
The words"the City"in the first sentence shall be deleted.
Section 10. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to
the Entire City Code, Including Penalty for Violation" and Section 9.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirely by reference as
though repeated verbatim herein.
Section 11. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
day of , 2003, and finally read and adopted and ordered published at
a regular meeting of the City Council of said City on the day of ,
2003.
Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor
PUBLISHED in the Eden Prairie Sun Current on the day of ,
2003.
I
/oO
CITY COUNCIL AGENDA
DATE:
SECTION: Ordinances and Resolutions October 7,2003
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Fire Department/Inspections Adoption of latest edition of the Minnesota
George Esbensen State Building Code E .
Requested Action
Move to: Approve 1st Reading of an Ordinance Amending City Code Section
10.01 adopting the Minnesota State Building Code
Synopsis
Adopt the most recent edition of the Minnesota State Building Code as amended in
Minnesota Statutes 16B.59 to 16B.75 and 2003 Minnesota Rules 1300 to 1370. Amend
the City Code to provide the rules needed to provide an acceptable level of construction
standards for buildings in the city.
Background Information
This brings the city up to date with the most current building codes as adopted by the
state.
Attachments
Ordinance
/01
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. -2003
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA
AMENDING CITY CODE CHAPTER 10 BY AMENDING SECTION 10.01
RELATING TO THE MINNESOTA STATE BUILDING CODE AND
OTHER BUILDING REGULATIONS; AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 10.99 WHICH,
AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS:
Section 1. City Code Section 10.01, is deleted in its entirety and replaced with the following:
Subd. 1. Codes Adopted by Reference. The Minnesota State Building Code
("the Code"), as adopted by the Commissioner of Administration pursuant to
Minnesota Statutes Sections 16B.59 to 16B.75, including all of the amendments,
rules and regulations established, adopted and published from time to time by the
Minnesota Commissioner of Administration, through the Buildings Codes and
Standards Division is hereby adopted by reference with the exception of the
optional chapters, unless specifically adopted in this Ordinance. The Code is
hereby incorporated in this Ordinance as if fully set forth herein. This Ordinance
shall perpetually include the most current edition of the Code. One copy of the
Code shall be kept in the office of the City Clerk.
Subd.2. Application,Administration and Enforcement. Application,
administration and enforcement shall be in accordance with the Code. The Code
shall be enforced with the extra territorial limits permitted by Minnesota Statues
Section 16B.62 subd. 1,when so established by this Ordinance. The Code
enforcement agency is the City of Eden Prairie Inspections Department. The
Code shall be enforced by the Minnesota Certified Building Official designated by
the City to administer the Code as set forth in Minnesota Statutes Section 16B.65,
subd. 1.
Subd. 3. Permits and Fees. The issuance of permits and the collection of fees
shall be conducted as authorized in Minnesota Statutes Section 16B.62, subd. 1.
Permit fees shall be assessed for work governed by the Code in accordance with
the fee schedule adopted annually by the City's Fee Resolution. In addition, a
surcharge fee shall be collected on all permits issued for work governed by the
Code in accordance with Minnesota Statutes Section 16B.70.
Jaa
Subd. 4. Building Code Optional Chapters. The Code, established pursuant to
Minnesota Statutes Sections 16B.59 to 16B.75 allows the City to adopt by
reference and enforce certain optional chapters of the most current edition of the
Code. The following optional provisions identified in the most current version of
the Code are hereby adopted and incorporated as part of the building code for this
City.
1. Chapter 1306, Special Fire Protection Systems with Subpart 2 and optional
provision(E) 1.
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to
the Entire City Code, Including Penalty for Violation" and Section 10.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference as
though repeated verbatim herein.
Section 3. This Ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
day of , 2003, and finally read and adopted and ordered published at
a regular meeting of the City Council of said City on the day of
2003.
Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor
PUBLISHED in the Eden Prairie Sun Current on the day of
2003.
/D3
CITY COUNCIL AGENDA DATE:
October 7,2003
SECTION: Petitions,Requests and Communications
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.:
Engineering Grading/Land Alteration Permit for Lot 1,
Alan D. Gray Block 1,Bryant Lake Heights
-
Requested Action
Move to: Adopt resolution approving a grading/land alteration permit for Lot 1, Block 1,
Bryant Lake Heights.
Synopsis
James and Raynell Perkins, owners, have applied for a grading/land alteration permit to construct a
driveway that is part of the 1998 approved plan and developer agreement.
Lot 1, Block 1, Bryant Lakes Heights is located in a shoreland area. A permit for grading/land
alteration, issued by the City Council, is required prior to grading. The Community Planning Board
has reviewed the environmental impacts of the grading/land alteration permit and recommended
approval.
All down slope areas from the graded area will be protected with silt fence. Bryant Lake will be
further protected by the maintenance of 100 feet or more of undisturbed turf within the Lot during the
grading project for the driveway.
The driveway surface will be restored with bituminous. The adjacent areas will be restored utilizing
topsoil, seed and mulch.
Background Information
The area to be graded is approximately .35 acres and is outside the shore impact zone. The shore
impact zone is one half of the building setback. or 50 feet. The grading, at its closest point, is
approximately 100 feet from the OHW of Bryant Lake. A retaining wall will limit the graded area.
The scope of grading on Lot 1 is consistent with the development agreement.
The development agreement includes a plan for 226 caliper inches of tree replacement for the entire
subdivision. Since the grading limits for the proposed driveway are consistent with the development
agreement,no additional trees are required.
The proposed grading/land alteration is consistent with the development agreement. Adequate
erosion control measures are proposed for the protection of water quality. Tree loss is consistent
with the approved plan.
Staff recommends approval of the grading/land alteration permit in a shoreland area based on plans
dated September 4,2003.
Attachments
Grading Plan and Application
1011
Application #03-
CITY OF EDEN PR.AiRIE
APPLICATION FOR GRADING/LAND ALTERATION IN A SHORELAND
PROJECT NAME: BRYANT LAKE HETGRTS LUP I Pr.00u L
1) APPLICANT
PROPERTY OWNER(S)
Namen.MES W. & RAYNELLE F. PERKINS Address: 7010 WTT;LOW CREEK RD .
Phone: 952-941-4583 City/State: EDEN PRAIRIE, MN 55344
Name: Address:
Phone: City/State:
L
2) STRUCTURE TYPE:
NUMBER OF STRUCTURES: CAA .�
ATTACH PLAN SHOWING THE NATURE, LOCATION, DIMENSIONS AND ELEVATIONS OF THE LOT AND EXISTING AND
PROPOSED STRUCTURES.
3) PROPOSED START DATE:
PROPOSED COMPLETION DATE: . 1S•- �
4) WILL STRUCTURE BE REFLECTORIZED? YES
No
5) IS APPLICANT AN ORGANIZATION? YES
NO
IF, YES,DESCRIBE NATURE OF ORGANIZATION:
6) IS PERMIT SOUGHT FOR AN EVENT? YES
IF YES,DESCRIBE NATURE OF THE EVENT:
/05
7) OTHER INFORMATION(Submit as attachment to application):
a. A topographic map of the land on which the proposed land alternation is to occur having a scale of one
inch equals 50 feet and showing ground elevation contours at two-foot intervals. The map shall show:
• The land as it exists prior to the proposed land alteration and minimum of 100 feet of land
abutting the land.
• The proposed ground elevation contours at 2-foot intervals of the land when the land alteration
is completed.
• A regarding, drainage, and planting plan, if appropriate for the land.
• The location and size of building pads. ,
b. A statement relating to the proposed use of the land including the type of building or structure'situated
thereon or contemplated to be built thereon.
c. A tree inventory certified by a registered land surveyor, landscape architect or forester depicting:
• The size, species, condition and location on the land of all significant trees. On large wooded
sites, forest mensuration methods may be used to determine the total diameter inches of trees
outside the area of the proposed land alteration.
• Significant trees which will be lost due to the proposed land alteration. Significant trees shall be
considered lost as a result of: (i) grade change or land alteration, whether temporary or
permanent, of greater than one (1) foot measured vertically, affecting 60% (as measured on a
horizontal plant) or more of the tree's root zone; (ii) utility construction (i.e., sewer, water,
storm sewer, gas, electric, telephone and cable TV) resulting in the cutting of 60% or more of
the tree's roots within the root zone; (iii) mechanical injury to the trunk of a significant tree
causing loss of more than 40% of the bark; or, (iv) compaction to a depth of 6 inches or more
of 60% or more of the surface of the soil within a significant tree's root zone.
• The number. type and size of trees required to be replaced pursuant to this Section.
• The location ,...if the replacement trees.
d. Erosion control plan and restoration plan.
8) CERTIFICATION:
I (we) hereby represent the information provided herein to be complete and correct. I (we) assume
responsibility for the presence and removal of all structures I (we) place in the public water.
N
,,,,,,,,k. ),, ,,loico,„..._
(;),
iii,. o
•. cant Signature Appl carSignature
/66
CITY OF EDEN PRAIRIE
GRADING PERMIT
SHORELAND AREA
PROJECT NAME: Bryant Lake Heights,Lot 1,Block 1
PERMITTEE: James W. and Raynelle F. Perkins
This permit is hereby issued by the Eden Prairie City Council on , subject to the
plans submitted with the permit application, the City's Erosion Control Policy, City Code
Sections 11.50 and 11.55, and permit conditions in attached Exhibit A.
This permit is permissive only and does not release the Permittee from any liability or obligation
imposed by Minnesota Statute, Federal Law, State Agency Rules or the requirements of other
agencies with regulatory authority.
CITY OF EDEN PRAIRIE
Nancy Tyra-Lukens,Mayor
/07
EXHIBIT A
SPECIAL CONDITIONS
1) Silt fence shown on the erosion control plan shall be installed prior to beginning of
grading operations.
2) All disturbed turf areas shall be covered by mulch at a rate not less than two tons per acre
or manufactured erosion control matting by November 15,2003.
IO3
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X A-.
PERKINS LAND ALTERATION PERMIT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2003-
A RESOLUTION GRANTING A LAND ALTERATION PERMIT IN A SHORELAND
AREA APPROVAL
FOR JAMES AND RAYNELLE PERKINS
BY JAMES AND RAYNELLE PERKINS
WHEREAS, James and Raynelle Perkins, has applied for Land Alteration Permit in a
Shoreland Area for the construction of a driveway and retaining walls; and
WHEREAS,the City staff reviewed the application for land alteration permit in a
shoreland area and determined that the proposed grading/land alteration is consistent with the
development agreement, that adequate erosion control measures are proposed for the protection
of water quality, and that tree loss is consistent with the approved plan; and
WHEREAS, the staff recommends approval of the grading/land alteration permit in a
shoreland area based on plans dated September 4, 2003 and the Staff Report dated September 3,
2003; and
WHEREAS, the Community Planning Board reviewed said application at its September
8, 2003 meeting and based on the recommendations by City staff, and the Boards own review
recommended approval of said application; and
WHEREAS, the City Council has reviewed said application at its October 7,2003
meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE, that land alteration permit in a shoreland area approval
be granted to James and Raynelle Perkins, based on plans dated September 4, 2003, between
James and Raynelle Perkins, and the City of Eden Prairie.
ADOPTED by the City Council of the City of Eden Prairie this 7thh day of October
2003.
Nancy Tyra-Lukens,Mayor
ATTEST:
Kathleen Porta, City Clerk
John and Carol Standal
9955 Spring Road
Eden Prairie,Mn 55347
PID 28-116-22-32-0004 PID 28-116-22-32-0005
October 6,2003
Mayor Nancy Tyra-Lukens Councilmember Jan Mosman
Councilmember Philip Young Councilmember Sherry Butcher
City Engineer Alan D. Gray Councilmember Ron Case
Re:I.C. 99-5484 Charlson Improvements
We are homeowners at the above address. We hereby object to the above assessments for
the following reasons:
1. The assessment for Spring Road/Eden Prairie Road does not benefit our property.
The improvements are north of our property and serve the new development of
Grace Church and Hennepin Village. We agreed to pay$70,000 for these
improvements in July,2000, as part of a negotiation with the City staff. The cost
of the assessment has increased to $115,000. We will keep our agreement to pay
the assessment of$70,000. We are objecting to the increase of$45,000.
2. The Sanitary Sewer Pumping Station has been built in a different location than the
location shown in the Charlson Area Improvements Feasibility Study. The new
location is at a higher elevation, and farther north. This change in the location of
the Pumping Station may require the need for ejector pumps for future
development of our property. We are therefore objecting to the assessment of
$17,500 for the Pumping Station.
3. The Watermain does not run past our property as shown in the Charlson Area
Improvements Feasibility Study. The Watermain stops just after it comes past our
northern property line. The new location may make it difficult to loop a
watermain on our property, and therefore may cause higher future development
costs for our property. We are therefore objecting to the assessment of the
$16,200 for the Watermain.
We respectfully request that these objections be accepted as part of the record before the
City Council on October 7, 2003.
cerel
4, L. , .-•mac
tanda arol St dal /°;44"C
CC Bruce Malkerson
Malkerson, Gilliland, Martin LLP
CITY COUNCIL AGENDA DATE:
SECTION:Report of Director of Parks and Recreation October 7,2003
DEPARTMENT: ITEM NO.:
ITEM DESCRIPTION:
Robert A.Lambert
Director of Parks&Region Flying Cloud Ballfield Expansion—Revised Plan
Request
Motion: Move to approve the revised plan for the expansion of Flying Cloud Ballfields.
Synopsis
Earlier this year, the Parks, Recreation and Natural Resources Commission and the City Council
approved the concept plan for the expansion of Flying Cloud Ballfields, including relocating the
80-foot baseball field and replacing that field with soccer fields, adding a new 90-foot baseball
field, and adding three junior size soccer fields and one regulation size soccer field.
This plan was submitted to the Metropolitan Airports Commission staff for their review. The
plan was rejected as a portion of the outfield of the baseball field extended into the runway
protection zone and was determined to be an inappropriate use.
The Metropolitan Airports Commission requested staff to make changes that would completely
stay out of the runway protection zone. The revised plan accommodates their request.
Background
The revised plan does not have any impact on the proposed soccer/football fields, but does
reduce the original number proposed parking places for this expansion and requires a much
tighter fit between the two baseball fields.
The revised plan still provides over 11 times the number of parking places required by the City's
Park and Open Spaces standards and City staff have met with representatives from the Baseball
Association to review changes to the baseball complex.
The revised plan reflects all of the recommendations by the Baseball Association. The president
and his designated representatives support the revised plan.
Recommendation
City staff recommend approval of the revised plan. The plan will be resubmitted to the
Metropolitan Airports Commissions for their review and will then be forwarded for review by
the Federal Aviation Administration. Upon final approval by the Metropolitan Airports
I/O
Flying Cloud Ballfield Expansion—Revised Plan
October 7,2003
Page 2
Commission and the FAA, the City will then have to decide when and if the project proceeds and
how it will be funded.
Attachment: Flying Cloud Ballfield Expansion—Revised Plan—Concept Site Plan
Flying Cloud Ballfield Expansion—Revised Plan—Concept Grading Plan
RAL:bju
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113
CITY COUNCIL AGENDA DATE:
SECTION: Report of Director of Parks and Recreation October 7,2003
DEPARTMENT: ITEM NO.:
1T1i M DESCRIPTION: \-y�-�-�-
"Robert A. Lambert x t a
Director of Parks&Recreation City Survey
Request
Motion: Move to approve the language in Draft#4 of the City Survey and to proceed with
this survey as soon as possible.
Synopsis
Earlier this year, the City Council approved concept plans for the expansion of the Community
Center, construction of an outdoor water park and expansion of Flying Cloud Ballfields. The
Council then authorized developing a survey instrument that would provide an indication of what
item would be supported in a referendum.
MarketLine Research was hired to assist city staff in developing a survey instrument that would
provide the City with a strong indication of what park improvements would be supported by
residents in a referendum.
Background
In 2001 the City of Eden Prairie sponsored a citizen's satisfaction survey. The objective of that
survey was to learn how citizens perceived their city government to be operating and to ascertain
what if any new services or facilities the public had an interest in supporting. The results of that
survey showed the public had an interest in and would support improvements to the Community
Center and a new outdoor swimming pool.
Since that time, the City staff have studied the long term needs of all of the Athletic Associations
that provide programs on outdoor athletic fields. As result of that study it was determined that
the City will require one additional regulation baseball field and four additional regulation soccer
fields in order to accommodate the continued growth in soccer, the sustained interest in football
and the new interest in lacrosse.
The City also needs to address how to fund creative ways to make more efficient use of the
existing facilities, and to address public interest in several proposed park improvements.
The attached survey addresses these issues and provides some in-depth questions relating to
specific facilities the public would desire in an outdoor pool and Community Center
improvements.
City Survey
October 7,2003
Page 2
Recommendation
City staff would recommend proceeding with this survey at this time if the Council wishes to
consider a possible referendum in the spring of 2004.
Attachment: Parks and Recreation Department Referendum Survey Draft#4
RAL:bju
f ►5
.D. a.
3
MEMORANDUM
To: Mayor and City Council
From: Bob Lambert,Director of Parks and Recreation
Date: October 7, 2003
Eden Prairie Subject: Parks Commission Recommendations Regarding City
Survey
At the October 6 Meeting of the Parks,Recreation and Natural Resources Commission recommended
approval of the City Survey draft#4 with the following proposed language changes:
Question 10 change Miller Park to Community Park Improvements
How strongly do you favor or oppose each of the following improvements to community park
facilities?
A. Provide artificial turf surface to maximize the use of one or more soccer/football/
lacrosse fields in a community park.
B. Provide park shelters with restrooms and concession stands.
Questions 11 change Edenvale / Forest Hills / Prairie View Parks to Neighborhood Park
Improvements
How strongly do you favor or oppose the replacement of warming house facilities at skating rinks in
older neighborhood parks?
Question 15 Land Acquisition
The City is considering the possibility of purchasing additional park and open space land. How
strongly do you favor or oppose the?
A. Purchase of additional 4.04 acres at Birch Island Woods.
B. Purchase of land to complete the trail in the lower Purgatory Creek valley in order to
connect to the DNR trail along the Minnesota River.
Recommendations Regarding City Survey
October 7,2003
Page 2
Question 16 Community Center
How strongly do you favor or oppose each of the following improvements to the Community Center?
Change Item c.to read as follows:Addition of a multi-purpose room to provide recreation programs
for youth of all ages.
And add the following: f. A third sheet of indoor ice.
Question 18 Outdoor Pool
Change the following: d. from diving board to diving well.
And add: g. Large multi-use pool.
Question 21: Change e. to read as follows: Park improvements, including shelters, restrooms and
concession stands in Miller Park and replacement of warming house facilities in neighborhood parks
such as Edenvale, Forest Hills, and Prairie View Parks.
RAL/bju
City of Eden Prairie
Parks and Recreation Department Referendum Survey
DRAFT#4
Hello,my name is[YOUR NAME]with MarketLine Research. We are conducting a study on behalf of the City of
Eden Prairie and would like to include your opinions. We are not selling anything. The information from this
research study will be used for planning purposes. All your responses will remain confidential.
IF RESPONDENT ASKS THE SURVEY WILL TAKE ABOUT 15 MINUTES DEPENDING ON THEIR
RESPONSES
Screening
QA. Are you 18 years of age or older?
❑ Yes [CONTINUE]
❑ No [ASK TO SPEAK WITH SOMEONE IN HOUSEHOLD 18
OR OLDER IF NO ONE LIVES 1N HOUSEHOLD 18 OR
OLDER,THANK AND TERMINATE]
QB. Among those 18 or older in your household,are you the one who most recently
celebrated a birthday?
❑ Yes [CONTINUE]
❑ No [ASK TO SPEAK TO PERSON 18 OR OLDER
WHO CELEBRATED THE LAST BIRTHDAY]
QC. Do you or does anyone in your household work for:
❑ A newspaper,radio or TV station,or [TERMINATE]
❑ A marketing research firm,advertising agency,or
public relations firm 'TERMINATE]
❑ The city of Eden Prairie [TERMINATE]
❑ NONE OF ABOVE [CONTINUE]
QD. All information in this survey will be kept confidential. You may choose to participate,or you
may begin the survey and quit at any time. Do you live within the city limits of Eden Prairie?
❑ Yes [CONTINUE]
❑ No [THANK AND TERMINATE]
QE. How long have you lived in the City of Eden Prairie? [DO NOT READ]
INTERVIEWER,ENTER RESPONSE IN CORRECT RANGE
❑ 3 months or less [THANK AND TERMINATE]
❑ 4 to 11 months [CONTINUE]
❑ 1 to 4 years [CONTINUE]
❑ 5 to 9 years [CONTINUE]
❑ 10 to 14 years [CONTINUE]
❑ 15 to 19 years [CONTINUE]
❑ 20 to 29 years [CONTINUE]
❑ 30 years or more [CONTINUE]
H:4SURVEY City of Eden Prairie PR Ref Draft 4.doc Page 1
1/ ;
Ql_ Overall,how do you rate the City of Eden Prairie as a place to live? Would you say...?
[READ LIST]
❑ Very good
0 Good
❑ Only fair,or
❑ Poor
❑ [DO NOT READ] Don't know
❑ [DO NOT READ] Refused
Q2. Overall,how do you rate your neighborhood as a place to Iive? Would you say...?
[READ LIST]
❑ Very good
❑ Good
Cl Only fair,or
❑ Poor
❑ [DO NOT READ] Don't know
❑ [DO NOT READ] Refused
Q3. Over the past three years,do you think Eden Prairie has gotten better,gotten worse,or stayed about
the same as a place to live?
❑ Better
❑ Stayed the same
❑ Worse
❑ [DO NOT READ] Don't know
❑ [DO NOT READ] Refused
Q4. Have you visited any of Eden Prairie's parks or recreation facilities in the past year?
❑ Yes [SKIP TO Q6.]
❑ No [CONTINUE]
❑ [DO NOT READ] Don't know [SKIP TO Q7.]
❑ [DO NOT READ] Refused [SKIP TO Q7.]
Q5. What is the main reason you have not visited any of the City's parks or recreation facilities in the past year?
[CLARIFY RESPONSES]
H:\SURVEY City of Eden Prairie PR Ref Draft 4.doc Page 2
111—
Q6- Which of the City's parks have you visited in the past year?
[DO NOT READ] [CHECK ALL THAT APPLY]
Community Parks
Flying Cloud Ball Fields Round Lake Park
Miller Community Park Staring Lake Park
Riley Lake Park
Neighborhood Parks
Birch Island Franlo Prairie View
Carmel Hidden Ponds Red Rock
Creekwood Homeward Hills Rice Marsh
Crestwood Nesbitt Preserve Rustic Hills
Edenvale Pheasant Woods Smetana
Eden Lake Pioneer Park Willow
Forest Hills Prairie East Wyndham Knoll
Conservation Areas
Richard T Anderson Edenvale Purgatory Creek Recreation
Birch Island Woods Lower Purgatory Creek Red Rock
James A Brown Mitchell Marsh Riley Creek
Cardinal Creek Nine Mile Creek Timber Creek
Edenbrook Prairie Bluff Westgate
Have not visited a City Park in the past year
Refused
Q7. Have you visited the City's Community Center in the past year?
❑ Yes
❑ No
❑ [DO NOT READ] Don't know
❑ [DO NOT READ] Refused
Q8. Have you used any of the City's Bicycle and Pedestrian Trails in the past year?
Cl Yes
❑ No
❑ [DO NOT READ] Don't know
❑ [DO NOT READ] Refused
H:ISURVEY City of Eden Prairie PR Ref Draft 4.doc Page 3
1 I g
Choosing the Right Scale
When choosing the end points of a rating scale,the statement of two alternatives may vary from mild to harsh. The
less extreme the choices the more will be the commitments,while the farther apart the alternatives are the fewer will
be the commitments.
The decision of which type of alternatives to use depends largely on whether or not you want to find all the leaners,
in which case a milder type is recommended,or only staunch supporters,in which case a harsher type will often
push leaners towards the middle ground. For example:
Good idea or Poor idea mild,no commitment
Favor or Oppose harsh,suggests action
➢ 10-point scale where"10"means(positive)down to"1"(negative). Respondents
can choose any number in between. Provides the"safety"of a middle ground.
Allows for distribution of responses.
➢ Or,just provide the two alternatives with no suggestion of a middle ground. This
is more likely to push people to one side or the other.
NOTE: A study conducted in March 2001 for Eden Prairie's Parks and Leisure Services titled"Eden
Prairie Community Survey"used a 5-point scale—Not support to Strongly support
H:\SURVEY City of Eden Prairie PR Ref Draft 4.doc Page 4
i !9
Q9. The following series of questions is intended to help City leaders prioritize some key decisions related to
The City's Parks and Recreation program. The City of Eden Prairie is considering adding,improving or
expanding a number of the Parks and Recreation facilities. With this in mind,please tell me how strongly
you"Favor"or"Oppose"each of the following possible items. Use a 10 point scale,where 10 means you
Stwiigly Favor down to 1 being you Strongly Oppose. You can choose any number in between. The first
facility is[READ FIRST FACILITY].
ROTATE THE ORDER OFEACHSECTION
ROTATE THE ORDER OF IMPROVEMENTS WITHIN EACH SECTION
Miller Park
Q10. How strongly do you Favor or Oppose each of the following improvements to Miller Park?
a. provide artificial turf surface to maximize use of the Soccer and football fields at Miller Park
b. Park improvements,including park shelters with restrooms and concession stands
Edenvale/Forest Hills/Prairie View Parks
Ql 1. How strongly do you Favor or Oppose the replacement of warming house facilities at Edenvale,Forest
Hills and Prairie View Parks?
Flying Cloud Ball Fields
Q12. How strongly do you Favor or Oppose the following improvements to Flying Cloud Fields?
a. add one additional baseball field and four additional soccer fields plus additional parking.
Athletic Facility Improvements
Q13 Some youth athletic associations are attempting to raise money to improve existing facilities or add to
existing facilities. How strongly do you Favor or Oppose that the city provides matching funds for this
purpose?
Bicycle/Pedestrian Trails
Q14. How strongly do you Favor or Oppose each of the following improvements to the City's
Bicycle/Pedestrian Trails?
a. expand the trail width around Staring Lake from eight feet to ten feet
b. expand the trail width around Round Lake from eight feet to ten feet
Land Acquisition
Q15. The City is considering the possibility of purchasing land next to some existing parks. How strongly do
you Favor or Oppose the...?
a. purchase of two additional lots totaling less than 1 acre at Riley Lake Park
b. purchase of an additional 4.4 acres at Birch Island Woods
c. purchase of land to complete the trail in the Lower Purgatory Creek Valley in order to connect trails
to the DNR trail along the Minnesota River
Community Center
Q16. How strongly do you Favor or Oppose each of the following improvements to the Community Center?
a. improvements to the INDOOR pool which would include deepening the pool to meet new indoor safety
standards required for high school and competitive team swim meets.
b. expansion of the locker rooms
c. addition of a Teen Center/Multi Purpose Room
d. expansion of the Fitness Center
e. addition of a Child Care Facility
Q17. -Which one improvement to the City's Community Center do your prefer MOST? Rank 1
-Which one do you prefer LEAST Rank 5
-Of the remaining,which do you prefer most? Rank 2
-Of the remaining,which do you prefer least? Rank 4
-Interviewer: Select the last improvement Rank 3
H:\SURVEY City of Eden Prairie PR Ref Draft 4.doc Page 5
ALWAYS READ THIS SECTION LAST
Outdoor Pool
Q18. The City of Eden Prairie is considering building an OUTDOOR family aquatic center. The design of this
pool could include several different features. I'm going to read a list of features and then ask you which
one you MOST prefer. [READ LIST]
a. water slides
b. a beach entry,that is,it has zero depth entry
c. a"Lazy River"
d. diving boards
e. 6 to 8 lane 50 meter competitive pool
f. interactive water playground equipment
Q19. -Which one feature do your prefer MOST? Rank 1
-Which one feature do you prefer LEAST Rank 6
-Of the remaining,which one do you prefer most? Rank 2
-Of the remaining,which one do you prefer least? Rank 5
-Of the remaining,which one do you prefer most? Rank 3
-Interviewer: Select the last feature Rank 4
Q20. You have stated your preference,or lack of preference,for several different possible improvements or
additions to the City's Parks and Recreation facilities. Please tell me which one you think the
City should focus on first? Should the city focus on...? [READ LIST] [ROTATE LIST]
a.Development of an outdoor aquatic center
b.Improvements to the Community Center
c.Acquisition of specific parcels of land for preservation and public trails purposes
d.Expansion of Flying Cloud Ball Fields
e.Park improvements,including shelters,restrooms and concession stands in Miller Park
and replacement of warming house facilities at Edenvale,Forest Hills and Prairie View Parks
f.Matching of funds raised by youth associations for improvements to athletic facilities
g.None of these
-Most important to focus on Rank 1
-In your opinion,which one should have the least priority? Rank 6
-Of the remaining,which should have the most priority? Rank 2
-And,which should have the least priority? Rank 5
-Of the remaining,which should have the most priority? Rank 3
-Interviewer: Select the last item Rank 4
Q21. It is unlikely that the City would be able to afford any of these improvements without an increase in taxes.
For each of these improvements,please tell me how much you agree or disagree that property taxes should
be increased to make the improvement. Use a 10-point scale where 10 means you Strongly agree down to
1 you Strongly disagree. Again,you can choose any number in between. How much do you agree or
disagree that property taxes should be increased to[INSERT IMPROVEMENT]?
[ROTATE LIST]
a.Develop of an outdoor aquatic center
b.Make improvements to the Community Center
c.Acquire specific parcels of land for preservation and public trails purposes
d.Expand the Flying Cloud Ball Fields
e.Park improvements,including shelters,restrooms and concession stands in Miller
Park and replacement of warming house facilities at Edenvale,Forest Hills and Prairie View Parks
f.matching of funds raised by youth associations for improvements to athletic facilities
H:VSURVEY City of Eden Prairie PR Ref Draft 4.doc Page 6
IaI
DEMOGRAPHIC/CLASSIFICATION QUESTIONS
My last questions are for classification purposes only. We collect this information to make sure we have gathered
the opinions from a variety of people.
Q22. To ensure that we have received survey responses from all areas of the City,would you please give me
your current street address?
[THIS DATA WILL NOT BE ATTACHED TO THE DATA MARKETLINE GIVES THE CITY]
[RECORD COMPLETE HOUSE NUMBER AND STREET NAME:MAKE SURE TO GET PROPER
DIRECTION(N, S,E,W)AND DESCRIPTION—STREET,AVENUE,BOULEVARD,DRIVE,
CIRCLE,LANE ETC.]
Refused [ASK Q23.]
Don't know [ASK Q23.]
[IF COMPLETE ADDRESS PROVIDED SKIP TO Q25.]
Q23. The names of the nearest two streets that form the intersection nearest your home will
be sufficient. Would you please give me the names of these two streets.
[RECORD VERBATIM:MAKE SURE TO GET PROPER DIRECTION(N, S,E,W)AND
DESCRIPTION—STREET,AVENUE,BOULEVARD,DRIVE,CIRCLE,LANE ETC.THEN
SKIP TO Q25.]
Refused [ASK Q24.]
Don't know [ASK Q24.]
[ASK IF Q24.IS"DON'T KNOW'OR"REFUSED"IN Q23.]
Q24. Could you please give me the name of your nearest Park or public school?
[RECORD VERBATIM]
Q25. Do you own or rent your current residence? [DO NOT READ LIST]
d Own
❑ Rent
❑ [DO NOT READ] Don't know/Refused
Q26. What is your marital status? Are you...? [READ LIST]
❑ Married,or
❑ Single
❑ Divorced/widowed/separated
O [DO NOT READ] Don't know/Refused
Q27. How many people,including yourself,live in your household? [DO NOT READ LIST]
❑ One
O Two
❑ Three
O Four
❑ Five or more
❑ [DO NOT READ] Don't know/Refused
H:ISURVEY City of Eden Prairie PR Ref Draft 4.doc Page 7
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IF ONLY"ONE",SF1 FCTED IN Q26.,SKIP TO Q29.
Q28. Do you currently have children under the age of 18 living in the household?
❑ Yes [CONTINUE]
❑ No [SKIP TO Q29.]
❑ [DO NOT READ] Don't know/Refused [SKIP TO Q29.]
Q29. Do any of your children currently attend kindergarten through 12th grade?
❑ Yes
❑ No
❑ [DO NOT READ] Don't know/Refused
Q30. Are you...? [READ LIST]
❑ employed full time
❑ part time
D not work outside of home
❑ a student,or
❑ retired
❑ [DO NOT READ] Don't know/Refused
IF"MARRIED"SELECTED IN Q26. ASK Q31.
Q31. Is your spouse...? [READ LIST]
❑ employed full time
❑ part time
❑ not work outside of home
❑ a student,or
❑ retired
❑ Don't know/Refused
IF"EMPLOYED FULL TIME"OR"PART TIME" SELECTED IN Q30.ASK Q32.
Q32. hi what city do you work? [RECORD NAME OF CITY]
IF"MARRIED" SELECTED IN Q25. AND"FULL TIME"OR"PART TIME" SELECTED IN Q30.ASK Q32.
Q33. In what city does your spouse work? [RECORD NAME OF CITY]
Q34. Can you please tell me what your age was on your last birthday? [RECORD AGE]
Q35. What was the last grade of school you completed? Was it...? [READ LIST]
❑ Some high school or less
❑ High school graduate
❑ Some college or technical school
❑ Technical school graduate
❑ College graduate,or
❑ Post graduate
❑ [DO NOT READ] Don't know/Refused
H:\SURVEY City of Eden Prairie PR Ref Draft 4.doc Page 8
Jai
Q36. Can you tell me what your 2002 total household income before taxes was? Please stop
me when I get to the right range. [READ LIST]
❑ Less than$25,000
❑ $25,000-$49,999
❑ $50,000-$74,000
O $75,000-$99,999
❑ $100,000 or more
❑ [DO NOT READ] Don't know/Refused
Q37. For statistical purposes,only could you please tell me if you are of Latino or Hispanic origin?
❑ Yes
0 No
❑ [DO NOT READ] Don't know/Refused
Q38. Now can you tell me which of the following best describes your racial origin? Are you?
[READ LIST]
❑ White
❑ Black,African American or African
❑ American Indian or Alaskan Native
❑ Asian,Native Hawaiian or other Pacific Islander,or
❑ Two or more races,or
❑ Some other race
❑ [DO NOT READ] Don't know/Refused
Q39. In case my supervisor needs to verify my work could you give me your first name only?
[RECORD VERBATIM]
Q40. That is all the questions I have. Thank you for your time. The information you have provided
will help the City of Eden Prairie to understand the priorities of its residents.
[DO NOT READ] Record gender
❑ Female
❑ Male
H:\SURVEY City of Eden Prairie PR Ref Draft 4.doc Page 9
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CITY COUNCIL AGENDA DATE:
SECTION:Report of Director of Parks and Recreation October 7,2003
DEPARTMENT: ITEM NO.:
ITEM DESCRII'TION: -ter—,; I(�' 3'
Robert A.Lambert Jean Harris Memorial Bridge �� ��
Director of Parks&Recreation
Requested Action
Motion: Move to authorize Barr Engineering to proceed with including the bid for the Jean
Harris Memorial Bridge in the pond excavation project at the Purgatory Creek
Recreation Area.
Synopsis
Barr Engineering is prepared to let bids for the excavation of the two cell ponds between the dike
and Technology Drive in the Purgatory Creek Recreation Area. This project will include
dredging approximately 13 acres of ponding for treating water that enters the Purgatory Creek
Recreation Area from the north. The proposed outlet control structure is underneath a proposed
bridge on the walkway around the dike. A design for the bridge has been modified to
accommodate the public memorial to Jean Harris. The trail component (including a typical
pedestrian bridge crossing) of this Watershed District project is typically funded 50% by the
Watershed District and 50%by the City.
A fund raising committee is attempting to raise funds to cover the difference in cost between the
City's share of a typical bridge component and the actual cost of the modified structure.
Estimates indicate that a typical bridge would cost approximately $50,000 and the modified
bridge could cost as much as$125,000.
In order to proceed with the excavation of the pond and the construction of the outlet control
structure and the bridge the City Council must authorized that project at this time.
Background
On January 15, 2002 the City Council approved a task force to develop an appropriate memorial
to the memory of Jean Harris. That task force submitted a report in May of 2002 recommending
hiring an artist to assist the City in developing an appropriate memorial to the memory of Jean
Harris. The Council then approved a contract with Terri Kwant in August of 2002 to assist a
citizens committee in developing a design for that purpose. On December 17, 2002 the City
Council approved the concept design of a bridge with an estimated cost of approximately
$111,590 as a memorial and authorized a citizens committee to raise funds for that purpose.
Jean Harris Memorial Bridge
October 7,2003
Page 2
A citizens committee has been working diligently since that time on a fund raising effort and will
continue to work with a goal of raising the necessary funds prior to the installation of the bridge
next spring.
If the Council authorizes the project to proceed, the Council is in fact agreeing to pay for the
difference between the cost of the bridge and the amount raised by the citizens committee. At
this time there is no guarantee that the citizens committee can raise the full amount of the City's
share above the original anticipated amount.
City staff will request a representative from the fund raising committee to be in attendance at the
October 7th meeting to answer questions the Council may have regarding the progress of the fund
raising efforts to date.
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CITY'COUNCIL AGENDA DATE:
i
SECTION:Report of Director of Parks and Recreation October 7,2003
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.:
Robert A. Lambert r Request from High School Cross Country Ski XTEC
Director of Parks&Recreation Coach
Request
Motion: Move to approve the installation of a storage building for cross country ski trail
grooming equipment within Staring Lake Park.
Synopsis
Doug Boonstra, High School Cross Country Ski Team Coach has requested authorization to
construct a storage building within Staring Lake Park to accommodate cross country ski trail
grooming equipment that would be stored there during the winter months. City staff have reviewed
the design and materials proposed for use of the facility and recommend approval of this request.
Background
The High School Cross Country Ski Team coach has assisted the City in developing cross country
ski trails in Staring Lake Park and on a portion of the Hennepin Vo-Tech Property on the east side of
Staring Lake. The Ski Team have acquired a snowmobile and trail groomer and have been grooming
the trails for several years. In the past they have kept this equipment in a building at the Hennepin
Vo-Tech School, however, it is not in a convenient location and the team must get approval from the
school each year to determine if they have space available for that equipment.
Doug Boonstra, the Cross Country Ski Team Coach, has received donations that will allow him to
construct a storage building adjacent to the trail in Staring Lake Park if the City will authorize
construction of this facility. City staff are recommending the construction of a garage-type facility
that would be located on the east end of the future archery range, north of the Cummins-Grill
Homestead site. Mr. Boonstra has submitted his application for a building permit. The building
would have T1-11 siding, stain similar to the Staring Lake Park shelter with a similar shingle used.
The building would be located less than 50 feet from a portion of the cross country ski trail so it
would be extremely convenient for grooming purposes. The Cross Country Ski Team will
responsible for construction and maintenance of the facility and will continue to commit to grooming
the ski trails in Staring Lake Park.
The Parks, Recreation and Natural Resources Commission reviewed this request at their October 6
meeting and recommended approval on a unanimous vote.
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